Order No. 1991-R-118

March 6, 1991

March 6, 1991

IN THE MATTER OF Order No. R-22470 of the Railway Transport Committee, dated March 11, 1976, which authorized the British Columbia Forest Service of the Department of Lands, Forests and Water Resources to construct Canoe River Forest Road at grade across the right-of-way and track of the Canadian National Railway Company, at mileage 77.40 Albreda Subdivision, between the southeast quarter DL 7361 and the northeast quarter DL 7366, in the District of Cariboo, in the Province of British Columbia, as shown on Drawing No. 10-1, Revision B, dated September 1975 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/305-077.40


WHEREAS the Agency has been advised that the road authority at this crossing will be the Ministry of Transportation and Highways of the Province of British Columbia;

AND WHEREAS the Ministry of Transportation and Highways of the Province of British Columbia has agreed to assume the cost of maintaining the crossing and the highway approaches of the crossing;

AND WHEREAS the Canadian National Railway Company has no objection to the change in road authority;

AND WHEREAS the Agency has reviewed the submissions filed and takes note of the agreement of the parties and has found pursuant to section 41 of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.), that there has been a change in the facts or circumstances pertaining to Order No. R-22470 since it was issued.

NOW THEREFORE, IT IS ORDERED THAT:

Order No. R-22470 of the Railway Transport Committee, dated March 11, 1976, is hereby amended by:

  1. Deleting "and maintain" in Clause 1.
  2. Adding the following clause:

    "6. The cost of maintaining the crossing and the highway approaches of the crossing shall be paid by the Ministry of Transportation and Highways of the Province of British Columbia.".

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