Decision No. 352-R-2003

June 13, 2003

File No. R8050/035-044.77

On February 4, 2003, Manitoba Transportation and Government Services (hereinafter the applicant) 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 the Rural Municipality of Portage la Prairie to comment on the proposed change in road authority and no comments were received.

The Agency notes, however, that paragraph 7(1)(e) of the Highways and Transportation Act, C.C.S.M. c. H40 (hereinafter the Manitoba Act) states, in part, that the Lieutenant Governor in Council may, by regulation, declare any provincial road or a part thereof to be abandoned as a provincial road.

By a declaration made pursuant to paragraph 7(1)(e) of the Manitoba Act, the Lieutenant Governor in Council prescribed that Provincial Road 249 is abandoned as a provincial road.

The Agency also notes that paragraph 7(1)(e) of the Manitoba Act was repealed in 1997. However, the applicant has confirmed that the transfer of the road authority was undertaken in 1991, at which time paragraph 7(1)(e) was in effect.

Subsection 16(2) of the Manitoba Act states: "Where a provincial road or a portion thereof within a municipality ceases to be declared a provincial road and is not declared to be a provincial trunk highway or industrial road or closed under section 17, the control and possession thereof is relinquished by the government and is revested in the municipality in which it is situated; and the municipality is thereupon responsible for the maintenance and repair thereof."

The Agency is of the opinion that as a result of the declaration, Provincial Road 249 in the rural municipality of Portage la Prairie, in the province of Manitoba, is now under the management of the Rural Municipality of Portage la Prairie.

The Canadian Pacific 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. 1988-R-25 was issued and that the Order should be varied.

Accordingly, the Agency, pursuant to section 32 of the CTA, hereby varies Order No. 1988-R-25 dated February 16, 1988 by replacing in clause 5, "the Applicant" with "the Rural Municipality of Portage la Prairie".