Decision No. 577-R-2000

September 6, 2000

September 6, 2000

APPLICATION by the ministère des Transports of the Province of Quebec pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, to vary Order No. 113826 of the Board of Transport Commissioners for Canada dated March 19, 1964 to reflect a change in road authority and the associated cost apportionment responsibilities at the road crossing at Chemin Saint-Georges and mileage 15.77 Lac Saint-Jean Subdivision (formerly Linton Subdivision), in the municipality of Sainte-Thècle, in the county of Laviolette, in the province of Quebec.

File No. R 8050/499-015.77


The ministère des Transports of the Province of Quebec (hereinafter the applicant) has advised the Canadian Transportation Agency (hereinafter the Agency) that it is no longer the road authority at the crossing.

The Agency provided an opportunity to Municipalité de Sainte-Thècle to comment on the proposed change in road authority.

Municipalité de Sainte-Thècle provided the Agency with a copy of Resolution No. 97-09-292 dated September 8, 1997 wherein it states that it refuses to accept administrative responsibility for the road crossing, but agrees to assume its share of the maintenance costs.

The Canadian National Railway Company 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 Quebec shall determine by way of an Order published in the Gazette officielle du Québec, the roads which shall be under the management of the Minister of Transport.Any other road which is not under the responsibility of the Government of Quebec or a government department or agency shall be managed in accordance with subdivision 22.2 of Division XI of the Cities and Towns Act, R.S.Q., 1993, c. C-19, or as the case may be, chapter 0.1 of Title XIX of the Municipal Code of Québec, R.S.Q., c. C-27.1.

The applicant has submitted a copy of Order-in-Council 292-93 dated March 3, 1993 which was published in the Gazette officielle du Québec on March 17, 1993, identifying the roads which are under the management of the Minister of Transport.The applicant also submitted a list of road crossings affected by the Order-in-Council and which fall under the management of the municipalities as of April 1, 1993.

The Agency is of the opinion that as a result of the Order-in-Council, Chemin Saint-Georges, in the municipality of Sainte-Thècle, in the province of Quebec, is now under the management of Municipalité de Sainte-Thècle.

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. 113826 since it was issued and that this Order should be varied.

Accordingly, pursuant to section 32 of the CTA, Order No. 113826 dated March 19, 1964 is hereby varied by replacing, in clause 9, "the Applicant" with "Municipalité de Sainte-Thècle".

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