Decision No. 359-R-2003

June 13, 2003

June 13, 2003

APPLICATION by Alberta Transportation pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, to vary Order Nos. R-24375 and R-29080 of the Railway Transport Committee of the Canadian Transport Commission dated February 14, 1977 and May 30, 1979 respectively, to reflect a change in road authority and the associated cost apportionment responsibilities of the road crossing at Secondary Highway 597 and mileage 18.46 Brazeau Subdivision and the associated crossing warning system, near the town of Joffre, in the county of Lacombe (formerly the county of Lacombe No. 14) in the province of Alberta.

File No. R8050/350-018.46

On April 2, 2002, Alberta Transportation (hereinafter the applicant) advised the Canadian Transportation Agency (hereinafter the Agency) that it is now the road authority at the crossing.

Lacombe County 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 Nos. R-24375 and R-29080 since they were issued and that these Orders should be varied.

Accordingly, the Agency, pursuant to section 32 of the CTA, hereby varies Order No. R-24375 dated February 14, 1977 by replacing, in clause 3 "the County of Lacombe No. 14" by "Alberta Transportation".

In addition, the Agency, pursuant to section 32 of the CTA, hereby varies Order No. R-29080 dated May 30, 1979 by replacing, in clause 5, "the Applicant" with "Alberta Transportation".

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