Order No. 1991-R-215

April 26, 1991

April 26, 1991

IN THE MATTER OF an application by the Department of Transportation of the Province of New Brunswick (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 relocate the "highway", namely Rollingdam Road, where it crosses at grade the track of Canadian Pacific Limited (hereinafter the railway company), at mileage 6.27 St. Andrews Spur, with headblock at mileage 14.80 St. Stephen Subdivision, and to reconstruct it at grade across the track of the railway company, at mileage 6.24 St. Andrews Spur, with headblock at mileage 14.80 St. Stephen Subdivision, near the Town of St. Stephen, in the Province of New Brunswick, as shown on Drawing No. 1 of 1, DOT Project 8-90-H245 dated July 20, 1990 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/218-S06.24

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. When the highway crossing has been opened for use by the public, the railway company shall close the existing crossing.
  4. The cost of relocating and reconstructing the crossing and the highway approaches to the crossing and the cost of closing the existing highway crossing shall be paid by the applicant.
  5. The cost of maintaining the crossing shall be paid by the railway company.
  6. The cost of maintaining the highway approaches to the crossing 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-56 dated February 4, 1991, or its replacement, for all construction and maintenance work carried out by the railway company under this Order.
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