Decision No. 698-R-2005

November 29, 2005

IN THE MATTER OF Order No. 4526 of the Board of Railway Commissioners for Canada dated March 24, 1908, which granted the Grand Trunk Pacific Railway Company leave to construct its railway across certain highways, from mileage 49.197 to mileage 100.298 Watrous Subdivision, in the province of Saskatchewan.

IN THE MATTER OF an application by the Canadian National Railway Company, on behalf of itself and the Rural Municipality of Wreford No. 280, in the province of Saskatchewan, pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, to vary Order No. 4526 to remove reference to the crossing at mileage 107.17 Watrous Subdivision, referred to in the Order No. 4526 as No. 24 Station 3850÷42, mileage 72.93.

File Nos. R8050/708-107.17

The Canadian National Railway Company (hereinafter the applicant) has advised the Canadian Transportation Agency (hereinafter the Agency) that the road crossing at mileage 107.17 has been closed.

The applicant also filed a copy of an agreement entered into by the parties regarding the construction, maintenance and cost apportionment of railway works undertaken at this location. The Agency notes the agreement of the parties to close the crossing.

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. 4526 since it was issued.

Accordingly, the Agency, pursuant to section 32 of the CTA, hereby varies Order No. 4526 dated March 24, 1908 by removing reference to the crossing at mileage 107.17 Watrous Subdivision, referred to in the Order as No. 24 Station 3850÷42, mileage 72.93.

Members

• Baljinder Gill
• Mary-Jane Bennett