Decision No. 5-R-2015
APPLICATION by Manitoba Infrastructure and Transportation pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, as amended, to vary 1994-R-161">Order No. 1994-R-161 of the National Transportation Agency dated May 2, 1994 and Order No. 123843 of the Board of Transport Commissioners for Canada dated March 21, 1967.
On August 18, 2014, Manitoba Infrastructure and Transportation (applicant) filed an application requesting that the Canadian Transportation Agency (Agency) vary 1994-R-161">Order No. 1994-R-161 and Order No. 123843 to reflect a change in road authority and the associated cost apportionment responsibilities at the road crossing at Roblin Boulevard (previously Provincial Road No. 241) and mileage 10.21 Glenboro Subdivision, in the rural municipality of Headingley, in the province of Manitoba.
The Rural Municipality of Headingley agrees that it is now the road authority at the crossing and accepts to assume responsibility for the costs of maintenance assigned to the applicant as outlined in 1994-R-161">Order No. 1994-R-161 and Order No. 123843.
The Canadian Pacific Railway Company has not provided any comments.
The Agency has reviewed the application and finds, pursuant to section 32 of the Canada Transportation Act, that there has been a change in the facts and circumstances pertaining to 1994-R-161">Order No. 1994-R-161 and Order No. 123843 since they were issued and that they should be varied.
Accordingly, 1994-R-161">Order No. 1994-R-161 is varied by:
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replacing in the title “Provincial Road No. 241” with “Roblin Boulevard (previously Provincial Road No. 241)”;
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deleting, in clause 4, “reconstructing and”;
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replacing in clause 4 “the applicant” with “the Rural Municipality of Headingley”.
In addition, Order No. 123843 is varied by replacing:
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in the title “Provincial Road No. 241 in Headingly” with “Roblin Boulevard (previously Provincial Road No. 241) in the rural municipality of Headingley”; and
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in clause 4 “Highways Department of the Province of Manitoba” with “Rural Municipality of Headingley”.
Member(s)
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