Decision No. 392-R-2005
June 23, 2005
APPLICATION by Alberta Transportation pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, to vary Order No. WDR1985-00090 of the Railway Transport Committee of the Canadian Transport Commission, Western Division, dated May 3, 1985 and Order No. 1990-R-549 of the National Transportation Agency of Canada (hereinafter the NTA) dated October 4, 1990, both amended by Order No. 1995-R-215 of the NTA dated May 31, 1995, to reflect a change in road authority and the associated cost apportionment responsibilities of the road crossing at Secondary Highway 510 (formerly Secondary Road 510, west of section 22, township 7, range 1, west of the fifth meridian) and mileage 67.94 Crowsnest Subdivision, in the village of Cowley, in the province of Alberta.
File No. R8050/055-067.94
Alberta Transportation advised the Canadian Transportation Agency (hereinafter the Agency) that it is now the road authority at the crossing.
The Village of Cowley advises that it agrees to the proposed change in road authority.
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 Nos. WDR1985-00090 and 1990-R-549, as amended by Order No. 1995-R-215, 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. WDR1985-00090 dated May 3, 1985, as amended by Order No. 1995-R-215 dated May 31, 1995, by replacing, in clause 5, "Village of Cowley" with "Alberta Transportation" and Order No. 1990-R-549 dated October 4, 1990, as amended by Order No. 1995-R-215 dated May 31, 1995, by replacing in clause 6, "Village of Cowley" with "Alberta Transportation".
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