Decision No. 261-R-2000

April 13, 2000

April 13, 2000

APPLICATION by the ministère des Transports of the Province of Quebec pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, to vary Order No. R-34259 of the Railway Transport Committee of the Canadian Transport Commission dated August 27, 1982 to reflect a change in road authority and the associated cost apportionment responsibilities at the road crossing at Montée McCord and mileage 185.83 Montreal Branch Subdivision (formerly mileage 24.89 Massena Subdivision), in the municipality of the township of Dundee, in the county of Huntingdon, in the province of Quebec.

File No. R 8050/904-185.83


The ministère des Transports of the Province of Quebec (hereinafter the applicant) has advised the Canadian Transportation Agency (hereinafter the Agency) that it is no longer the road authority at the crossing.

The Agency provided an opportunity to Municipalité du Canton de Dundee to comment on the proposed change in road authority and no comments were received.

On September 24, 1999, the Agency issued a certificate of fitness to CSX Transportation, Inc. to operate a line of railway which includes trackage owned by St. Lawrence and Adirondack Railway Company, a subsidiary of New York Central Lines LLC. The trackage includes the subject Montreal Branch Subdivision formerly operated by the Canadian National Railway Company.

CSX Transportation, Inc. has no objection to the change in road authority and indicates that it accepts responsibility for fifty percent of the maintenance responsibility for the protective devices as required in the Order.

Pursuant to section 2 of the Act Respecting Roads, R.S.Q., 1993, c. V-9, the Government of Quebec shall determine by way of an Order published in the Gazette officielle du Québec, the roads which shall be under the management of the Minister of Transport. Any other road which is not under the responsibility of the Government of Quebec or a government department or agency shall be managed in accordance with subdivision 22.2 of Division XI of the Cities and Towns Act, R.S.Q., 1993, c. C-19, or as the case may be, chapter 0.1 of Title XIX of the Municipal Code of Québec, R.S.Q., c. C-27.1.

The applicant has submitted a copy of Order-in-Council 292-93 dated March 3, 1993 which was published in the Gazette officielle du Québec on March 17, 1993, identifying the roads which are under the management of the Minister of Transport. The applicant also submitted a list of road crossings affected by the Order-in-Council and which fall under the management of the municipalities as of April 1, 1993.

The Agency is of the opinion that as a result of the Order-in-Council, Montée McCord, in the municipality of the township of Dundee, in the province of Quebec, is now under the management of Municipalité du Canton de Dundee.

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-34259 since it was issued and that this Order should be varied.

Accordingly, pursuant to section 32 of the CTA, Order No. R-34259 dated August 27, 1982 is hereby varied by:

  1. deleting, in clause 1, "and thereafter maintain";
  2. replacing, in clause 5, "the Applicant" with "Municipalité du Canton de Dundee";
  3. replacing, in clause 5, "the Railway" with "CSX Transportation, Inc."; and
  4. adding the following clause:

    6. CSX Transportation, Inc. shall maintain the flashing light signals and the bell at the said crossing.

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