Decision No. 558-R-2007

October 31, 2007

October 31, 2007

APPLICATION by the Canadian National Railway Company pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, as amended, to vary Order No. 3658 of the Board of Railway Commissioners for Canada dated September 30, 1907, to reflect the closure of crossings described as No. 26, Station 1224÷78, mileage 23.19 and No. 27, Station 1170÷75, mileage 22.17 (now mileages 119.55 and 120.57) of Canadian National Railway Company's Rivers Subdivision, in the rural municipality of Elton, in the province of Manitoba.

File No. R8050/622-121.04


On October 5, 2007, Canadian National Railway Company (hereinafter CN) applied to the Canadian Transportation Agency (hereinafter the Agency) for the variance set out in the title.

The Rural Municipality of Elton is in agreement with the proposed closure of the subject crossings.

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. 3658 since it was issued and that this Order should be varied.

Accordingly, pursuant to section 32 of the CTA, Order No. 3658 dated September 30, 1907 is hereby varied by deleting references to No. 26, Station 1224÷78, mileage 23.19 and No. 27, Station 1170÷75, mileage 22.17.

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