Decision No. 293-R-2004

June 2, 2004

June 2, 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. 125329 of the Board of Transport Commissioners for Canada dated August 22, 1967, to reflect a change in road authority and the associated cost apportionment responsibilities at the road crossing at Campbellville Road (formerly Halton County Road No. 9) and mileage 76.08 Hamilton Subdivision (formerly mileage 15.90 Goderich Subdivision), in the town of Milton, in the province of Ontario.

File No. R8050/082-015.90

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. 125329 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. 125329 dated August 22, 1967 by replacing, in clause 4 "County of Halton" with "Corporation of the Town of Milton".

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