Decision No. 616-R-2003

October 27, 2003

October 27, 2003

APPLICATION by Alberta Transportation pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, to vary Order No. WDR-00375 of the Railway Transport Committee of the Canadian Transport Commission, Western Division, dated July 28, 1981, to reflect a change in road authority and the associated cost apportionment responsibilities of the road crossing at Highway 855 and mileage 115.44 Willingdon Subdivision, in the village of Andrew, in the province of Alberta.

File No. R8050/277-115.44


On April 2, 2002, Alberta Transportation (hereinafter the applicant) advised the Canadian Transportation Agency (hereinafter the Agency) that it is now the road authority at the crossing.

The Village of Andrew advises that it agrees to the proposed change in road authority.

The Agency provided an opportunity to the Canadian Pacific Railway Company to comment on the proposed change in road authority and no comments were received.

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-00375 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-00375 dated July 28, 1981 by replacing, in clause 5, "the Village of Andrew" with "Alberta Transportation".

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