Decision No. 615-R-2004

November 10, 2004

November 10, 2004

APPLICATION by Sturgeon County, previously the Municipal District of Sturgeon No. 90, pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, to vary Order No. WDR-00844 of the Railway Transport Committee of the Canadian Transport Commission, Western Division, dated August 9, 1982, to reflect a change in road authority and the associated cost apportionment responsibilities of the crossing warning system at the road crossing at 100 Street, formerly Old Highway No. 2 and mileage 20.10 Westlock Subdivision, in the town of Morinville, in the province of Alberta.

File No. R8050/730-020.10

On June 25, 2004, Sturgeon County advised the Canadian Transportation Agency (hereinafter the Agency) that the Town of Morinville is now the road authority at the subject crossing.

The Town of Morinville has no objection to the proposed change in road authority.

The Canadian National 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. WDR-00844 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. WDR-00844 dated August 9, 1982 by replacing, in clause 5, "Municipal District of Sturgeon No. 90" with "Town of Morinville".

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