Decision No. 228-R-2003

April 29, 2003

April 29, 2003

APPLICATION by Alberta Transportation pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, to vary Order No. WDR-00863 of the Railway Transport Committee of the Canadian Transport Commission, Western Division, dated September 7, 1982, to reflect a change in road authority and the associated cost apportionment responsibilities at the road crossing at Highway 791 (formerly Secondary Road No. 791) and mileage 121.65 Drumheller Subdivision, in the municipal district of Rocky View No. 44, in the province of Alberta.

File No. R8050/412-121.65

On April 2, 2002, Alberta Transportation (hereinafter the applicant) advised the Canadian Transportation Agency (hereinafter the Agency) that it is now the road authority at the crossing.

The Municipal District of Rocky View No. 44 advises that it agrees to the proposed change in road authority.

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

The Agency has reviewed the submissions filed and has found, pursuant to section 32 of the Canada Transportation Act (hereinafter the CTA), that there has been a change in the facts or circumstances pertaining to Order No. WDR-00863 since it was issued and that this Order should be varied.

Accordingly, the Agency, pursuant to section 32 of the CTA, hereby varies Order No. WDR-00863 dated September 7, 1982 by replacing, in clause 5, "the Applicant" with "Alberta Transportation".

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