Order No. 1990-R-713

December 11, 1990

December 11, 1990

IN THE MATTER OF an application by the Corporation of the Village of Sundridge (hereinafter the applicant) pursuant to section 202 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3 for authority to reconstruct the "highway", namely Paget Street, by widening the travelled portion and adding a sidewalk along the west side, where it crosses at grade the track of the Canadian National Railway Company (hereinafter the railway company), at mileage 183.17 Newmarket Subdivision, in the Village of Sundridge, in the Province of Ontario, as shown on Drawing No. A1-89047-P1 dated April 1989 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. 9437.1226

WHEREAS the Agency is of the opinion that when an existing crossing is widened, the cost of widening and maintaining the crossing is payable by the junior party;

AND WHEREAS the Agency is of the opinion that when the railway company is the junior party, it is not responsible for the cost of construction or maintenance beyond the width of the original highway right-of-way;

AND WHEREAS the railway company has stated that it is the junior party at the crossing;

AND WHEREAS the Agency is of the opinion that the widening of the crossing will not extend beyond the original highway right-of-way.

NOW THEREFORE, IT IS ORDERED THAT:

  1. The applicant and the railway company are authorized to carry out the work as shown on the Plan.
  2. The work shall be carried out and maintained in compliance with the requirements of the Agency respecting highway crossings.
  3. The cost of reconstructing and maintaining the crossing shall be paid by the railway company.
  4. The cost of reconstructing and maintaining the highway approaches of the crossing shall be paid by the applicant.
  5. The cost of removing the siding track through the crossing shall be paid by the railway company.
  6. The railway company shall prepare all accounts using rates not in excess of those stipulated in Schedule "A" entitled Directives, attached to Agency Order No. 1990-R-60 dated February 13, 1990, or its replacement, for all construction and maintenance work carried out by the railway company under this Order.
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