Order No. 1988-R-936

October 21, 1988

October 21, 1988

IN THE MATTER OF the application of the Rural Municipality of Hamiota (hereinafter the Applicant) for authority to construct a diversion roadway on the south side of the right of way and track of the Canadian National Railway Company (hereinafter the Railway Company), in the Rural Municipality of Hamiota, in the Province of Manitoba, between Highway No. 21 at mileage 159.83 Rivers Subdivision and the Grid Road between Sections 7 and 8 of Township 13, Range 21, at mileage 160.42 Rivers Subdivision, West of the First Meridian and to close the existing crossing at mileage 160.42 Rivers Subdivision, as shown on Plan "Proposed Closure Public Crossing mileage 160.42 Rivers Subdivision dated July 12, 1988" on file with the Agency.

File No. 26744.363


UPON reading the submissions filed,

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. Eighty per cent of the cost of the said work or the sum of $ 23,360.00., whichever is the lesser, shall be paid out of the moneys appropriated by Parliament for the purposes of the Railway Relocation and Crossing Act, S.C. 1974, c. 12; seven and one-half per cent of the said cost shall be paid by the Railway Company and the balance of the said cost shall be paid by the Rural Municipality of Hamiota.
  4. When the said diversion road has been opened for use of the public, the Railway Company shall close, within the limits of its right of way, the existing crossing at mileage 160.42 Rivers Subdivision.
  5. The cost of closing the existing crossing at mileage 160.42 Rivers Subdivision shall be a part of the cost of the said work.
Date modified: