Decision No. 497-R-2005

August 4, 2005

APPLICATION by Alberta Transportation pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, to vary Order No. 105381 of the Board of Transport Commissioners for Canada dated August 16, 1961, to reflect a change in road authority and the associated cost apportionment responsibilities of the road crossing at Secondary Highway 869 (formerly Highway No. 13) and mileage 18.96 Wetaskiwin Subdivision, in the county of Flagstaff (formerly the village of Sedgewick), in the province of Alberta.

File No. R8050/272-018.96

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

The County of Flagstaff (formerly the Village of Sedgewick) 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. 105381 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. 105381 dated August 16, 1961 by replacing, in clause 4, "the Applicant" with "Alberta Transportation".