Decision No. 570-R-2005

September 16, 2005

September 16, 2005

APPLICATION by Oxford County pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, to vary Order No. R-39241 of the Railway Transport Committee of the Canadian Transport Commission dated April 1, 1986 and Order No. 1989-R-360 of the National Transportation Agency dated November 15, 1989 to reflect a change in road authority and the associated cost apportionment responsibilities at the road crossing at Ingersoll Street and mileage 9.91 St. Thomas Subdivision, in the town of Ingersoll, in the province of Ontario.

File No. R8050/219-009.91


On August 2, 2005, Oxford County advised the Canadian Transportation Agency (hereinafter the Agency) that it is now the road authority at the crossing.

The Town of Ingersoll 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 Nos. R-39241 and 1989-R-360 since they were issued and that these Orders should be varied.

Accordingly, the Agency, pursuant to section 32 of the CTA, hereby varies Order No. R-39241 dated April 1, 1986 by replacing in clause 5 "the Applicant" with "the County of Oxford"; and Order No. 1989-R-360 dated November 15, 1989 by replacing in clause 3 "applicant" with "County of Oxford".

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