Order No. 1991-R-23

January 17, 1991

January 17, 1991

IN THE MATTER OF an application by the Department of Highways and Transportation of the Province of Saskatchewan (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 overhead bridge carrying the "highway", namely Provincial Highway No. 5, by adding an overhead bridge adjacent to and southeast of the existing structure to carry the eastbound lanes across and over the tracks of Canadian Pacific Limited (hereinafter the railway company), at mileage 108.33 Sutherland Subdivision, near Saskatoon, in the Province of Saskatchewan, as shown on Plan Nos. 2306B, Sheet 1 of 2 revised November 7, 1990, and Sheet 2 of 2 revised July 25, 1990 (hereinafter the Plans), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/239-108.33

WHEREAS the applicant has requested that the railway company be apportioned twenty-five percent of the cost of the basic grade separation or the structure that is required for present day needs because the existence of its tracks contributes to the need for the overhead bridge;

AND WHEREAS the applicant is prepared to assume one hundred percent of the maintenance costs associated with the substructure, superstructure and roadway surface and has requested that one hundred percent of the costs associated with the maintenance of the rail bed, track and communications facilities be assigned to the railway company;

AND WHEREAS the railway company submits that the proposed work is entirely to the benefit of the road authority and that since it has not contributed to the need for a second overhead bridge, the railway company feels that there is no justification for a contribution on its part;

AND WHEREAS Order No. 107865 dated May 9, 1962 of the Board of Transport Commissioners for Canada authorized the applicant to construct and maintain, at its own expense, the existing overhead bridge at mileage 108.30 Sutherland Subdivision;

AND WHEREAS the Agency is of the opinion that as there is an existing two lane highway crossing the railway by means of a grade separation, and as the road authority wishes to make this a dual thoroughfare by constructing a second parallel and adjacent grade separation, the proposed work constitutes a reconstruction of the existing grade separation;

AND WHEREAS the Agency is of the opinion that as the existing grade separation is to be reconstructed for the purposes of the party having exclusive responsibility for that grade separation, namely the applicant, the costs of reconstructing and maintaining the basic grade separation should be paid by that party;

AND WHEREAS the Agency is of the opinion that the proposed overhead bridge is a basic grade separation as it is required to provide adequate facilities for present day needs;

AND WHEREAS the Agency is of the opinion that the drainage of the overhead bridge and its approaches thereto shall be included in the maintenance costs of the grade separation;

AND WHEREAS the Agency has reviewed the submissions filed.

NOW THEREFORE, IT IS ORDERED THAT:

  1. The applicant is authorized to reconstruct the overhead bridge, as shown on the Plans.
  2. The overhead bridge shall be reconstructed and maintained in compliance with the requirements of the Agency respecting highway crossings.
  3. Detailed plans shall be submitted to, and approved by, an Engineer of the Agency before reconstruction is commenced.
  4. The cost of reconstructing and maintaining the overhead bridge shall be paid by the applicant.
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