Decision No. 74-R-2006

February 8, 2006

File No. R8050/662-132.10

On November 22, 2005, Manitoba Transportation and Government Services (hereinafter the applicant) 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 the Rural Municipality of Taché to comment on the proposed change in road authority.

The Rural Municipality of Taché advised the Agency that it opposes the change in road authority.

The Agency notes, however, that paragraph 7(1)(e) of the Highways and Transportation Act, C.C.S.M. c. H40 (hereinafter the Manitoba Act) states, in part, that the Lieutenant Governor in Council may, by regulation, declare any provincial road or a part thereof to be abandoned as a provincial road.

By a declaration made pursuant to paragraph 7(1)(e) of the Manitoba Act, the Lieutenant Governor in Council prescribed PTH No. 1 service road is abandoned as a provincial road.

The Agency also notes that paragraph 7(1)(e) of the Manitoba Act was repealed in 1997. However, the applicant has confirmed that the transfer of the road authority was undertaken in 1991, at which time paragraph 7(1)(e) was in effect.

Subsection 16(2) of the Manitoba Act states: "Where a provincial road or a portion thereof within a municipality ceases to be declared a provincial road and is not declared to be a provincial trunk highway or industrial road or closed under section 17, the control and possession thereof is relinquished by the government and is revested in the municipality in which it is situated; and the municipality is thereupon responsible for the maintenance and repair thereof."

The Agency is of the opinion that as a result of the declaration, PTH No. 1 service road in the rural municipality of Taché, in the province of Manitoba, is now under the management of the Rural Municipality of Taché.

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. 105618 since it was issued and that the Order should be varied.

Accordingly, the Agency, pursuant to section 32 of the CTA, hereby varies Order No. 105618 by deleting Clause 3 and replacing it with the following:

"3. The cost of maintenance of the said crossing shall be borne and paid by the Rural Municipality of Taché."

Members

• George Proud
• Baljinder Gill