Decision No. 300-R-2005
May 13, 2005
APPLICATION by 407 ETR Concession Company Limited pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, to vary Order No. 1994-R-90 of the National Transportation Agency of Canada dated March 21, 1994, to reflect a change in road authority and the associated cost apportionment responsibilities of the road crossing at Highway 407 and MacMillan Yard of the Canadian National Railway Company, at mileage 0.03 Halton Subdivision, in the regional municipality of York, in the city of Vaughan, in the province of Ontario.
File No. R8050/463-000.03
On April 26, 2005, 407 ETR Concession Company Limited advised the Canadian Transportation Agency (hereinafter the Agency) that it is now the road authority at the crossing.
The Ministry of Transportation of the Province of Ontario 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. 1994-R-90 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. 1994-R-90 dated March 21, 1994, by deleting in clause 7, "and maintaining"; and by adding the following clause:
The cost of maintaining the overhead bridge shall be paid by 407 ETR Concession Company Limited.
- Date modified: