Decision No. 619-R-2004

November 12, 2004

November 12, 2004

APPLICATION by the Ministry of Transportation of the Province of Ontario, pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, to vary Order No. R-13682 dated March 1, 1972 of the Railway Transport Committee of the Canadian Transportation Commission to reflect a change in road authority and the associated maintenance responsibilities at the road crossing at former Highway 2 and mileage 62.23 of Canadian Pacific Railway Company's Windsor Subdivision, in the city of Chatham, in the province of Ontario.

File No. R8050/279-062.23

On May 11, 2004, the Ministry of Transportation of the Province of Ontario (hereinafter the applicant) advised the Canadian Transportation Agency (hereinafter the Agency) that the Municipality of Chatham-Kent is now the road authority at the subject crossing.

The Municipality of Chatham-Kent has no objection 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 No. R-13682 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-13682 dated March 1, 1972 by replacing, in clause 3, "Applicant" with "Municipality of Chatham-Kent".

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