Order No. 1988-R-190
March 31, 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 reconstruct the bridge over Cedared Creek at Mile 103.26 Windermere Subdivision, on Lot 349, Range 18, West of the Fifth Meridian, in the Province of British Columbia, as shown on Plan Nos.
B-1-4083-1, dated January 15, 1988
B-1-4083-2, dated January 15, 1988
B-1-4083-3, dated January 15, 1988
B-1-4083-4, dated January 15, 1988
B-1-4083-5, dated January 15, 1988
CPI-4083, dated January 15, 1988
on file with the Agency under File No. 49491.17 and to operate over the said bridge during the period of reconstruction.
File No. 49491.17
WHEREAS the Applicant has filed details of the special measures to be undertaken during the period of reconstruction and the Agency is satisfied that their adoption will secure the protection and safety of the public.
UPON reading the submissions filed,
IT IS ORDERED THAT:
- The said Plans are approved with the exception of Item 4e) of Plan CPI-4083, dated January 15, 1988 which is subject to the conditions contained in Clause 6 below. The Applicant is hereby granted leave to reconstruct the said bridge in accordance therewith.
- Subject to the conditions contained in this Order, the Applicant may operate trains over the said bridge during the period of reconstruction and thereafter.
- During the period of reconstruction and thereafter until such time as the requirements of Clauses 4, 5 and 6 below have been complied with, the Applicant shall take such special measures as are set forth by the Applicant in its application and shall observe such speed restrictions as may be included therein.
- Upon completion of the work, the Applicant may cause the bridge 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 forthÜj
- 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 bridge has been reconstructed in accordance with the said Plans,
f) the maximum speed at which trains may be safely operated thereon, and
g) that the bridge is safe for the operation of trains.
- Upon receipt of written notification from the Secretary that the said affidavit has been received, the Applicant is authorized to operate trains over the said bridge at speeds not exceeding the lower of the following speeds:
- 30 miles per hour, and
- the maximum safe speed stated by the said professional engineer in his affidavit pursuant to Clause 5(f) of this Order.
- Date modified: