Order No. 1991-R-22

January 17, 1991

January 17, 1991

IN THE MATTER OF an application by the Ministry of Transportation and Highways of the Province of British Columbia (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 Kipp Road, by widening it where it crosses at grade the right-of-way and tracks of Canadian Pacific Limited (hereinafter the railway company), at mileage 121.63 Shuswap Subdivision, in the the City of Kamloops, in the Province of British Columbia, as shown on Drawing No. R2-205-101 dated July 20, 1990 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/228-121.63

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 cost of reconstructing the crossing and the highway approaches of the crossing shall be paid by the applicant.
  4. The cost of maintaining the crossing and the highway approaches of the crossing shall be paid by the City of Kamloops.
  5. 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-120 dated April 2, 1990, or its replacement, for all construction and maintenance work carried out by the railway company under this Order.
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