Decision No. 406-R-2005

June 28, 2005

June 28, 2005

APPLICATION by Alberta Transportation pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, to vary Order No. WDR1986-00295 of the Canadian Transport Commission, Western Division, dated November 25, 1986, to reflect a change in road authority and the associated cost apportionment responsibilities of the protective devices at the road crossing at Secondary Highway 815 (formerly Secondary Road No. 815) and mileage 97.27 Lacombe Subdivision, near Chigwell, in the province of Alberta.

File No. R8050/116-097.27

Alberta Transportation advised the Canadian Transportation Agency (hereinafter the Agency) that it is now the road authority at the crossing.

Lacombe County (formerly the County of Lacombe No. 14) 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 No. WDR1986-00295 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. WDR1986-00295 dated November 25, 1986 by replacing, in clause 5, "the County of Lacombe No. 14" with "Alberta Transportation".

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