Order No. 1991-R-133

March 19, 1991

March 19, 1991

IN THE MATTER OF an application by the Department of Transportation and Utilities of the Province of Alberta (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 at grade the "highway", namely Secondary Highway No. 597 which is to be redesignated as Highway No. 11, by removing the existing overhead bridge, across the right-of-way and track of the Canadian National Railway Company (hereinafter the railway company), at mileage 10.64 Three Hills Subdivision, between the southeast quarter of Section 10 and the northeast quarter of Section 3, Township 39, Range 23, west of the Fourth Meridian, south of Alix, in the Province of Alberta, as shown on Plan No. 11:16-3 dated December 18, 1989 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/685-010.64

WHEREAS the Agency has reviewed the submissions filed and takes note of the agreement of the parties.

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 applicant and the railway company are authorized to construct a temporary crossing as shown on the Plan to permit the removal of the existing overhead bridge.
  4. The temporary crossing shall be constructed and maintained in compliance with the requirements of the Agency respecting highway crossings.
  5. When the highway crossing has been opened for use by the public, the railway company shall close the temporary crossing within the limits of its right-of-way.
  6. The cost of reconstructing and maintaining the crossing and the highway approaches to the crossing, the cost of constructing, maintaining and removing the temporary roadway detour, the cost of constructing, maintaining and closing the temporary crossing and the cost of removing the existing overhead bridge shall be paid by the applicant.
  7. 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. 1991-R-52 dated February 1, 1991, or its replacement, for all construction and maintenance work carried out by the railway company under this Order.
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