Decision No. 452-R-2005

July 14, 2005

File No. R8050/738-115.33

On March 15, 2005, the ministère des Transports of the Province of Quebec advised the Canadian Transportation Agency (hereinafter the Agency) that the Municipalité de Sainte-Luce is now the road authority at the subject crossing.

The Agency provided an opportunity to the Municipalité de Sainte-Luce, the new road authority at the crossing, to comment on the proposed change in road authority and has not received any comments from the Municipalité de Sainte-Luce.

The Chemin de fer de la Matapédia et du Golfe Inc. has no objection to the change in road authority.

Pursuant to section 2 of the Act Respecting Roads, R.S.Q., 1993, c. V-9, the Government of Québec shall determine, by an order published in the Gazette officielle du Québec, the roads which shall be under the management of the Minister. Pursuant to section 3 of the Act, the Government may, by an order published in the Gazette officielle du Québec, determine that a road which is under the management of the Minister shall, from the date indicated in the order, be managed by a municipality in accordance with subdivision 22.2 of Division XI of the Cities and Towns Act (chapter C-19), or, as the case may be, Chapter 0.1 of Title XIX of the Municipal Code of Québec (chapter C-27.1).

Government of Québec Order 977-2004 published on October 20, 2004 indicates, inter alia, that the Municipalité de Sainte-Luce is now the road authority at the subject crossing.

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. R-9034 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. R-9034 dated June 2, 1970 by replacing, in clause 2, "Department of Roads of the Province of Quebec" with "Municipalité de Sainte-Luce".