Decision No. 243-R-2005

April 26, 2005

APPLICATION by Alberta Transportation pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, to vary Order No. WDR1985-00218 of the Railway Transport Committee of the Canadian Transport Commission, Western Division, dated October 16, 1985, to reflect a change in road authority and the associated cost apportionment responsibilities of the road crossing at Secondary Highway 561 (formerly Secondary Road 561 north of Section 11, Township 24, Range 20, west of the fourth Meridian) and mileage 20.58 Irricana Subdivision, in the county of Wheatland, in the province of Alberta./p>

File No. R8050/098-020.58

Alberta Transportation advised the Canadian Transportation Agency (hereinafter the Agency) that it is now the road authority at the crossing.

The County of Wheatland advises that it agrees to the proposed change in road authority.

Canadian Pacific Railway Company advises that it has no objection to the proposed 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. WDR1985-00218 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. WDR1985-00218 dated October 16, 1985 by replacing, in clause 5, "the Applicant" with "Alberta Transportation".