Decision No. 784-R-2000

December 18, 2000

File No. R 8050/653-099.61

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 d'Upton to comment on the proposed change in road authority.

Municipalité d'Upton provided the Agency with a copy of a Resolution dated November 14, 2000, but did not advise the Agency whether it agrees that it is the new road authority or accepts the associated cost apportionment responsibilities.

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 Government 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 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, Lessard Street, in the municipality of Upton, in the province of Quebec, is now under the management of Municipalité d'Upton.

On November 24, 1998, St. Lawrence & Atlantic Railroad (Québec) Inc. was authorized to operate the subject line of railway between Norton, Vermont, United States of America and Sainte-Rosalie, Quebec, Canada, formerly operated by the Canadian National Railway Company.

St. Lawrence & Atlantic Railroad (Québec) Inc. 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. 119039 since it was issued and that this Order should be varied.

Accordingly, pursuant to section 32 of the CTA, Order No. 119039 dated November 19, 1965, is hereby varied by:

1. replacing, in clause 3, "Canadian National Railways" with "St. Lawrence & Atlantic Railroad (Québec) Inc.";
2. deleting in clause 5, "and thereafter maintain,";
3. replacing, in clause 8, "the Department of Roads of the Province of Quebec" with "Municipalité d'Upton";
4. replacing, in clause 8, "Canadian National Railways" with "St. Lawrence & Atlantic Railroad (Québec) Inc."; and
5. adding the following clause:
   

   11. St. Lawrence & Atlantic Railroad (Québec) Inc. shall maintain two flashing light signals and one bell at the crossing of its railway and Lessard Street, in the municipality of Upton, in the province of Quebec, at mileage 99.61 Sherbrooke Subdivision.