Order No. 1991-R-141

March 20, 1991

March 20, 1991

IN THE MATTER OF the construction of a branch line of railway by Canadian Pacific Limited (hereinafter the railway company) across the grid road, at mileage 9.42 Kelvington Subdivision, in the southwest quarter of Section 12, Township 37, Range 12, west of the Second Meridian, in the Rural Municipality of Kelvington No. 366, in the Province of Saskatchewan, as shown on Plan No. SP-5400-G-F28-1041 revised April 5, 1990 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. 26807.1948

WHEREAS by Order No. 1989-R-235 dated August 15, 1989, the Agency authorized the railway company to construct and connect a branch line of railway;

AND WHEREAS the railway company has carried out the work without obtaining leave of the Agency pursuant to section 200 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3;

AND WHEREAS the railway company has filed confirmation that the work has been carried out in accordance with the Plan;

AND WHEREAS the Rural Municipality of Kelvington No. 366 has no objection to the work that has been carried out;

AND WHEREAS the Agency is satisfied that the work as shown on the Plan is in compliance with the Agency requirements respecting highway crossings;

AND WHEREAS the Agency has reviewed the submissions filed and is of the opinion that the work should be approved pursuant to subsection 44(3) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.).

NOW THEREFORE, IT IS ORDERED THAT:

  1. The work is approved.
  2. The cost of constructing and maintaining the crossing shall be paid by the railway company.
  3. The cost of constructing the highway approaches of the crossing shall be paid by the railway company.
  4. The cost of maintaining the highway approaches of the crossing shall be paid by the Rural Municipality of Kelvington No. 366.
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