Order No. 1991-R-275

May 27, 1991

May 27, 1991

IN THE MATTER OF an application by the Department of Transportation and Utilities of the Province of Alberta (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 a local road, where it crosses at grade the track of Canadian Pacific Limited (hereinafter the railway company), at mileage 63.48 Red Deer Subdivision, and to reconstruct it at grade across the track of the railway company at mileage 63.47 Red Deer Subdivision, in the northwest quarter of Section 35, Township 33, Range 1, west of the Fifth Meridian, south of Bowden, in the Province of Alberta, as shown on Plan No. 2A:14-5 dated November 28, 1990 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/201-063.47

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 County of Red Deer No. 23.
  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 any construction and maintenance work carried out by the railway company under this Order.
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