Decision No. 215-R-2010

May 20, 2010

May 20, 2010

APPLICATION by Manitoba Infrastructure and Transportation pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, as amended.

File No. R8050/121-053.89


Manitoba Infrastructure and Transportation applied for a variance of Order No. 1988‑R‑24 of the National Transportation Agency, to reflect a change in road authority cost apportionment responsibilities related to the protective devices for the road crossing at 14 NW Road (previously Provincial Road No. 332) and mileage 53.89 La Riviere Subdivision, near the town of Rosenfeld, in the province of Manitoba.

Manitoba Infrastructure and Transportation advised the Canadian Transportation Agency (Agency) that it is no longer the road authority at the road crossing.

The Rural Municipality of Rhineland agrees to assume the responsibility for the cost of maintenance at this road crossing.

The Canadian Pacific Railway Company has no objection to the change in road authority.

The Agency has reviewed the submissions and has found, pursuant to section 32 of the Canada Transportation Act (CTA), that there has been a change in the facts or circumstances pertaining to Order No. 1988‑R-24 since it was issued and that this Order should be varied.

Accordingly, the Agency, pursuant to section 32 of the CTA, varies Order No. 1988-R-24 by replacing:

  • "Provincial Road No. 332" with "14 NW Road" in the preamble; and
  • "Applicant" with "Rural Municipality of Rhineland" in clause 5.

Members

  • Raymon J. Kaduck
  • Jean-Denis Pelletier, P. Eng.

Member(s)

Raymon J. Kaduck
Jean-Denis Pelletier, P.Eng.
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