Order No. 1988-R-172

March 11, 1988

March 11, 1988

IN THE MATTER OF the application of Canadian Pacific Limited (hereinafter the Applicant), under the provisions of section 192 of the Railway Act, R.S.C. 1970, c. R-2, for authority to construct two rail-to-truck unloading bridge structures on Track Nos. 251 and 252 of the Bayshore Yard opposite Mile 2.10 West Saint John Subdivision, in the City of Saint John, in the Province of New Brunswick, as shown on Plan No. 4325, Revision 3, dated February 26, 1988, on file with the Agency under File No. 50479.

File No. 50479


WHEREAS the Applicant has filed that it will not operate over the said structures during the period of construction and the Agency is satisfied that the adoption of this measure will secure the protection and safety of the public.

UPON reading the submissions filed,

IT IS ORDERED THAT:

  1. The said Plan is approved and the Applicant is hereby granted leave to construct the said structures in accordance therewith.
  2. Upon completion of the work, the Applicant may cause the structures to be inspected by a professional engineer and the Applicant may submit to the Secretary an affidavit of the said professional engineer attesting to the facts set forth in Clause (3) below.
  3. The said affidavit shall state and attest to the following:

    a) the name of the association of professional engineers in Canada of which he is a registered member,

    b) that he is qualified to inspect the work,

    c) that he did inspect the work,

    d) the date of the inspection,

    and provided that in his inspection he did so find, he shall further attest to the following:

    e) that the structures have been constructed in accordance with the said Plan,

    f) the maximum speed at which trains may be safely operated thereon, and

    g) that the structures are safe for the operation of trains.

  4. Upon receipt of written notification from the Director, Engineering Directorate that the said affidavit has been received, the Applicant is authorized to operate trains over the said structures at speeds not exceeding the lower of the following speeds:
    1. 5 miles per hour, and
    2. the maximum safe speed stated by the said professional engineer in his affidavit pursuant to Clause 3(f) of this Order.
Date modified: