Decision No. 264-R-2005

May 2, 2005

May 2, 2005

APPLICATION by Alberta Transportation pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, to vary Order No. WDR1984-00279 of the Railway Transport Committee of the Canadian Transport Commission, Western Division, dated December 7, 1984, to reflect a change in road authority and the associated cost apportionment responsibilities of the protective devices at the road crossing at Secondary Highway 637 (formerly Highway No. S.R. 637:02 in the northeast quarter of Section 24, Township 55, Range 20, west of the 4th Meridian) and mileage 94.54 Vegreville Subdivision, in the county of Lamont, in the province of Alberta.

File No. R8050/703-094.54

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

The County of Lamont (formerly the County of Lamont No. 30) 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. WDR1984-00279 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. WDR1984-00279 dated December 7, 1984 by replacing, in clause 5, "the Applicant" with "Alberta Transportation".

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