Decision No. 617-R-2004

November 10, 2004

November 10, 2004

APPLICATION by the Corporation of the County of Essex (formerly the Windsor Suburban Roads Commission), pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, to vary Order No. R-10202 of the Railway Transport Committee of the Canadian Transport Commission dated November 20, 1970, to reflect a change in road authority and the associated cost apportionment responsibilities of the crossing warning system at the road crossing at Highway 2 and mileage 1.23 Pelton Spur (formerly mileage 5.20 No. 1 Subdivision), in the city of Windsor, in the province of Ontario.

File No. R8050/358-S01.23

On June 10, 2004, the Corporation of the County of Essex advised the Canadian Transportation Agency (hereinafter the Agency) that the Corporation of the City of Windsor is now the road authority at the subject crossing.

The Corporation of the City of Windsor 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. R-10202 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. R-10202 dated November 20, 1970 by replacing, in clause 4, "Windsor Suburban Roads Commission" with "Corporation of the City of Windsor".

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