Decision No. 308-R-2004

June 9, 2004

June 9, 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. R-30636 of the Railway Transport Committee of the Canadian Transport Commission dated March 26, 1980, to reflect a change in road authority and the associated cost apportionment responsibilities at the road crossing at Ninth Line Road and mileage 25.87 Galt Subdivision, in the town of Milton, in the province of Ontario.

File No. R8050/078-025.87

On February 11, 2004, the Corporation of the Town of Milton advised the Canadian Pacific Railway Company (hereinafter the applicant) that it is no longer the road authority at the crossing. On March 4, 2004, the applicant advised the Canadian Transportation Agency (hereinafter the Agency) of the change in road authority.

The Regional Municipality of Halton, the new 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. R-30636 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. R-30636 dated March 26, 1980 by replacing, in clause 5 "Applicant" with "Regional Municipality of Halton".

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