Decision No. 64-R-2000
February 1, 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. R-6792 of the Railway Transport Committee of the Canadian Transport Commission dated September 24, 1969 to reflect a change in road authority and the associated cost apportionment responsibilities at the road crossing at Chemin du 4e Rang (formerly Chemin du rang 4 n-e) and mileage 108.66 Sherbrooke Subdivision (formerly mileage 37.25 Saint-Hyacinthe Subdivision), in the municipal parish of Ste-Rosalie, in the county of Bagot, in the province of Quebec.
File No. R 8050/653-108.66
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 Paroisse Ste-Rosalie to comment on the proposed change in road authority.
Municipalité Paroisse Ste-Rosalie provided the Agency with a letter dated Februray 9, 1999 wherein it states that it has no interest in assuming the responsibility as road authority and objects to any related maintenance responsibility, and states that such a responsibility should not be imposed on the Municipality.
The Agency notes, however, that 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 Governement 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 du 4e Rang, in the parish of Ste-Rosalie, in the province of Quebec, is now under the management of Municipalité Paroisse Ste-Rosalie.
On November 24, 1998, St. Lawrence & Atlantic Railroad (Québec) Inc. was authorized to operate the subject railway line between Norton, Vermont, United States of America and Ste-Rosalie, Quebec, Canada, formerly operated by the Canadian National Railway Company.
The Agency provided an opportunity to St. Lawrence & Atlantic Railroad (Québec) Inc. 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. R-6792 since it was issued and that this Order should be varied.
Accordingly, pursuant to section 32 of the CTA, Order No. R-6792 dated September 24, 1969 is hereby varied by replacing, in clause 6, "the Applicant" with "Municipalité Paroisse Ste-Rosalie".
In addition, pursuant to section 32 of the CTA, Order No. R-6792 dated September 24, 1987 is hereby varied by replacing, in clause 6, "Canadian National Railways" with "St. Lawrence & Atlantic Railroad (Québec) Inc.".
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