Decision No. 43-R-2000

January 24, 2000

January 24, 2000

APPLICATION by the ministère des Transports of the Province of Quebec pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, to vary Order Nos. 111717 and 113279 of the Board of Transport Commissioners for Canada dated July 19, 1963 and January 27, 1964, respectively, to reflect a change in road authority and the associated cost apportionment responsibilities at the road crossing at Elgin Road and mileage 52.44 Montmagny Subdivision, in the municipality of Saint-Jean-Port-Joli, in the county of l'Islet, in the province of Quebec.

File No. R 8050/550-052.44


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.

Municipalité de Saint-Jean-Port-Joli agrees that it is now the road authority at the crossing.

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. 111717 and 113279 since they were issued and that these Orders should be varied.

Accordingly, pursuant to section 32 of the CTA, Order No. 111717 dated July 19, 1963 is hereby varied by replacing, in clause 3, "the Applicant" with "Municipalité de Saint-Jean-Port-Joli".

In addition, pursuant to section 32 of the CTA, Order No. 113279 dated January 27, 1964 is hereby varied by replacing, in clause 4, "the Applicant" with "Municipalité de Saint-Jean-Port-Joli".

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