Decision No. 317-R-2005
May 24, 2005
APPLICATION by Alberta Transportation pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, to vary Order No. R-14490 of the Railway Transport Committee of the Canadian Transport Commission dated July 14, 1972, to reflect a change in road authority and the associated cost apportionment responsibilities of the road crossing at Secondary Highway 575 (formerly Old Highway No. 26) and mileage 77.52 Three Hills Subdivision, near Grainger, in the province of Alberta.
File No. R8050/685-077.52
On April 2, 2002, Alberta Transportation advised the Canadian Transportation Agency (hereinafter the Agency) that it is now the road authority at the crossing.
Kneehill County (formerly Municipal District of Kneehill No. 48) 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. R-14490 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-14490 dated July 14, 1972, by deleting clauses 1 and 2; and by adding the following clauses:
The cost of maintenance and operation of the automatic protection at the said crossing shall be paid fifty percent by Alberta Transportation and fifty percent by the Canadian National Railway Company.
The cost of maintenance of the said crossing shall be paid seventy-two percent by the Canadian National Railway Company and twenty-eight percent by Alberta Transportation.
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