Order No. 1991-R-243

May 21, 1991

May 21, 1991

IN THE MATTER OF the construction of a "highway", namely Bellefeuille Street, by the City of Trois-Rivières (hereinafter the applicant) at grade across the tracks of Canadian Pacific Limited (hereinafter the railway company), at mileage 0.45 Kruger Spur with headblock at mileage 80.99 Trois-Rivières Subdivision, in the City of Trois-Rivières, in the Province of Quebec, as shown on Plan Nos. 138-38 revised March 20, 1991 and 89-0037-2 dated August 1990 (hereinafter the Plans), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/252-S00.45

WHEREAS the work has been carried out without an Order of the Agency pursuant to section 201 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3;

AND WHEREAS the applicant has filed the Plans showing details of the work that has been carried out;

AND WHEREAS the railway company has no objection to the work that has been carried out;

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

AND 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 work is approved.
  2. The work shall be maintained in compliance with the requirements of the Agency respecting highway crossings.
  3. The cost of constructing and maintaining the crossing shall be paid by the applicant.
  4. The cost of constructing and maintaining the highway approaches to the crossing shall be paid by the applicant.
  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. 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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