Order No. 1991-R-432

August 15, 1991

August 15, 1991

IN THE MATTER OF the reconstruction of the "highway", namely Reserve Street, by the Department of Transportation and Communications of the Province of Nova Scotia (hereinafter the Department), on behalf of the Town of Glace Bay, to widen it, lower its grade and add a sidewalk on the south side where it crosses at grade the track of the Cape Breton Development Corporation (hereinafter the railway company), at mileage 14.82 Glace Bay Subdivision; and

IN THE MATTER OF the relocation by the railway company of its track approximately twenty-five feet north, and the lowering of it by approximately eighteen inches, over a distance of approximately eight-hundred and fifty feet, at the subject crossing;

in the Town of Glace Bay, in the Province of Nova Scotia, as shown on Drawing No. P.W. 1-A dated April 30, 1990, and Plan No. H 14.82 -90-GB dated June 7, 1990 (hereinafter the Plans), on file with the National Transportation Agency (hereinafter the Agency).

File No. 37830.9

WHEREAS the work has been carried out without an order of the Agency pursuant to sections 202, 123 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3;

AND WHEREAS the Department has filed confirmation that the work has been carried out in accordance with the Plans;

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, and is of the opinion that the work should be approved pursuant to subsection 44(3) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.).

NOW THEREFORE, IT IS ORDERED THAT:

  1. The Plans, considered the Plan, Profile and Book of Reference showing the relocation of the said track, are approved and sanctioned.
  2. The work is approved.
  3. The work shall be maintained in compliance with the requirements of the Agency respecting highway crossings.
  4. The cost of relocating the track and the cost of reconstructing and maintaining the crossing shall be paid by the railway company.
  5. The cost of reconstructing and maintaining the highway approaches to the crossing shall be paid by the Department.
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