Decision No. 685-R-2004

December 15, 2004

APPLICATION by Alberta Transportation pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, to vary Order No. R-24807 of the Railway Transport Committee of the Canadian Transport Commission dated May 18, 1977, to reflect a change in road authority and the associated cost apportionment responsibilities of the road crossing at Secondary Road 597 and mileage 34.51 Brazeau Subdivision, in the county of Lacombe, in the province of Alberta.

File No. R8050/350-034.51

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.

Pursuant to subsection 29(1) of the Canada Transportation Act (hereinafter the CTA), the Agency is required to make its decision no later than 120 days after the application is received unless the parties agree to an extension. In this case, the applicant has agreed to an indefinite extension of the deadline.

Lacombe County advises that it agrees 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-24807 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-24807 dated May 18, 1977 by replacing, in clause 3, "the County of Lacombe No. 14" with "Alberta Transportation".