Decision No. 95-R-2006

February 17, 2006

File No. R8050/662-050.59

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 Piney to comment on the proposed change in road authority and no response was received.

The Agency notes, however, that paragraph 7(1)(d) 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 trunk highway or a part thereof to be abandoned as a provincial trunk highway.

By a declaration made pursuant to paragraph 7(1)(d) of the Manitoba Act, the Lieutenant Governor in Council prescribed that the subject provincial trunk highway is abandoned as a provincial trunk highway.

The Agency also notes that paragraph 7(1)(d) of the Manitoba Act was repealed in 1997.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(1) of the Manitoba Act states: "Where a provincial trunk highway or a portion thereof within a municipality ceases to be declared a provincial trunk highway and is not declared to be a provincial road 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, the subject trunk highway in the rural municiaplity of Piney, in the province of Manitoba, is now under the management of the Rural Municipality of Piney.

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. 78127 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. 78127 dated January 18, 1952 by replacing "the Applicant be, and it is hereby, authorized to construct and" with "the Rural Municipality of Piney shall".

Members

• Mary-Jane Bennett
• Guy Delisle