Order No. 1988-R-568

June 30, 1988

June 30, 1988

IN THE MATTER OF the application of the Department of Transportation of the Province of New Brunswick (hereinafter the Applicant) for authority

(a) to reconstruct and widen the approaches of the crossing, and

(b) to widen the crossing surface,

at Mitchell Settlement Road where it crosses at grade the right of way and track of the Canadian National Railway Company (hereinafter the Railway Company), in the Village of Jacquet River, in the Province of New Brunswick, at mileage 138.11 Newcastle Subdivision.

The works referred to in items (a) and (b) are as shown on Plan No. 22-138.11 dated January 1988, on file with the Agency under File No. 33229.219.

File No. 33229.219

WHEREAS the Applicant has indicated that it is prepared to accept financial responsibility for all project work.

UPON reading the submissions filed and upon the consent of the Applicant,

IT IS ORDERED THAT:

  1. The Applicant and the Railway Company are authorized to carry out the said work as shown on the said Plan.
  2. The said work shall be carried out in compliance with the requirements of the Agency respecting highway crossings.
  3. The cost of widening the crossing surface and reconstructing and widening the approaches of the said crossing shall be paid by the Applicant.
  4. The cost of maintaining the crossing shall be paid by the Railway Company.
  5. Before the said widened portion of the crossing is opened for the use of the public, the Railway Company shall relocate the protective devices at the said crossing to permit the said widening.
  6. The said protective devices shall be relocated in compliance with the requirements of the Highway Crossings Protective Devices Regulations General Order No. E-6, C.R.C. 1978, c. 1183.
  7. The cost of relocating the said protective devices shall be paid by the Applicant.
  8. Fifty per cent of the cost of maintenance and operation of the said relocated protective devices shall be paid by the Applicant and fifty per cent of the said cost shall be paid by the Railway Company.
  9. The Railway Company is directed to prepare all accounts using rates not in excess of those stipulated in Schedule "A" entitled Directives attached to Railway Transport Committee Order No. R-40670, dated May 20, 1987, or its replacement, for all construction and maintenance work carried out by the Railway Company under this Order.
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