Decision No. 295-R-2004

June 2, 2004

An erratum was issued on June 9, 2004

June 2, 2004

APPLICATION by the Regional Municipality of Halton pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, to vary Order No. 118235 of the Board of Transport Commissioners for Canada dated August 18, 1965, to reflect a change in road authority and the associated cost apportionment responsibilities of the crossing warning system at the road crossing at Appleby Line and mileage 44.43 Halton Subdivision, in the town of Burlington, in the province of Ontario.

File No. R8050/463-044.43

On March 23, 2004, the Regional Municipality of Halton (hereinafter the applicant) advised the Canadian Transportation Agency (hereinafter the Agency) that it is now the road authority at the crossing.

The City of Burlington, the former road authority, 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. 118235 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. 118235 dated August 18, 1965 by replacing, in clause 5, "Applicant" with "Regional Municipality of Halton".

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