Decision No. 696-R-2005

November 29, 2005

November 29, 2005

APPLICATION by Chemin de fer de la Matapédia et du Golfe Inc., pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, to vary Order No. 105229 of the Board of Transport Commissioners for Canada dated July 31, 1961, as varied by Decision No. 174-R-2004 dated April 2, 2004 of the Canadian Transportation Agency and corrected by Erratum dated April 15, 2004, to reflect a change in road authority and the associated cost apportionment responsibilities of the protective devices at the road crossing at Old Highway 132 (formerly Highway No. 6) and mileage 9.52 Cascapédia Subdivision, in the southeast portion of the municipality of the township of Ristigouche, in the province of Quebec.

File No. R8050/371-009.52

Chemin de fer de la Matapédia et du Golfe Inc. advised the Canadian Transportation Agency (hereinafter the Agency) that the Canadian National Railway Company has not been the owner of the raiway line at the subject road crossing since 1997.

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. 105229, as varied by Decision No. 174-R-2004 and corrected by an Erratum 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. 105229 dated July 31, 1961, as varied by Decision No. 1974-R-2004 dated April 2, 2004 and corrected by Erratum dated April 15, 2004, by replacing in clause 4 of Order No. 105229 "Canadian National Railways" by "Chemin de fer de la Matapédia et du Golfe Inc.".

Members

  • Baljinder Gill
  • Mary-Jane Bennett
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