Decision No. 248-R-2004

May 13, 2004

May 13, 2004

APPLICATION by the Canadian Pacific Railway Company, pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, to vary Order No. R-2310 of the Railway Transport Committee of the Canadian Transport Commission dated May 13, 1968, to reflect a change in road authority and the associated cost apportionment responsibilities at the road crossing at Appleby Line and mileage 36.06 Galt Subdivision, in the town of Milton, in the province of Ontario.

File No. R8050/078-036.06

On January 16, 2004, the Corporation of the Town of Milton advised the Canadian Pacific Railway Company (hereinafter the applicant) that it is now the road authority at the crossing. On February 13, 2004, the applicant advised the Canadian Transportation Agency (hereinafter the Agency) of the change in road authority.

The Regional Municipality of Halton, the former road authority, advises that it agrees 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. R-2310 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. R-2310 dated May 13, 1968 by replacing, in clause 4, "applicant" with "Corporation of the Town of Milton".

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