Decision No. 34-R-2000

January 19, 2000

File No. R 8050/551-096.20

The ministère des Transports of the Province of Quebec (hereinafter the applicant) has advised the Canadian Transportation Agency (hereinafter the Agency) that it is no longer the road authority at the crossing.

The Agency provided an opportunity to Municipalité de Saint-Octave-de-Métis to comment on the proposed change in road authority.

Municipalité de Saint-Octave-de-Métis provided the Agency with a letter dated August 21, 1997 wherein it states that it did not ask to assume the responsibility for the road authority and that it only undertakes the administrative responsibility because it has been imposed by the Government. Municipalité de Saint-Octave-de-Métis adds that it has not signed any agreement with the Government.

The Agency notes, however, that pursuant to section 2 of the Act Respecting Roads, R.S.Q., 1993, c. V-9, the Government of Quebec shall determine by way of an Order published in the Gazette officielle du Québec, the roads which shall be under the management of the Minister of Transport. Any other road which is not under the responsibility of the Government of Quebec or a government department or agency shall be managed in accordance with subdivision 22.2 of Division XI of the Cities and Towns Act, R.S.Q., 1993, c. C-19, or as the case may be, chapter 0.1 of Title XIX of the Municipal Code of Québec, R.S.Q., c. C-27.1.

The applicant has submitted a copy of Order-in-Council 292-93 dated March 3, 1993 which was published in the Gazette officielle du Québec on March 17, 1993, identifying the roads which are under the management of the Minister of Transport. The applicant also submitted a list of road crossings affected by the Order-in-Council and which fall under the management of the municipalities as of April 1, 1993.

The Agency is of the opinion that as a result of the Order-in-Council, Petit Métis Road, in the municipality of Saint-Octave-de-Métis, in the province of Quebec, is now under the management of Municipalité de Saint-Octave-de-Métis.

On June 29, 1999, Chemin de fer de la Matapédia et du Golfe inc. was authorized to operate the subject railway line between Mont-Joli, Quebec and Campbellton, New Brunswick, formerly operated by the Canadian National Railway Company.

Chemin de fer de la Matapédia et du Golfe inc. 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-31665 since it was issued and that this Order should be varied.

Accordingly, pursuant to section 32 of the CTA, Order No. R-31665 dated December 3, 1980 is hereby varied by replacing, in clause 5, "the Department of Transport of the Province of Québec" with "Municipalité de Saint-Octave-de-Métis".

In addition, pursuant to section 32 of the CTA, Order No. R-31665 dated December 3, 1980 is hereby varied by replacing, in clause 5, "the Applicants" with "Chemin de fer de la Matapédia et du Golfe inc.".