Order No. 1991-R-442

August 22, 1991

August 22, 1991

IN THE MATTER OF Order No. 81395 of the Board of Transport Commissioners for Canada, dated May 19, 1953, which authorized the Department of Highways of the Province of Alberta to construct a highway across the right of way of the Canadian National Railway Company (hereinafter the railway company) at mileage 60.95 Drumheller Subdivision, in the east half of Section 7, Township 28, Range 19, west of the fourth Meridian, in the Province of Alberta, as shown on Plan dated March 2, 1953, on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/412-060.96


WHEREAS the Agency has been advised that the road authority at this highway crossing is now the Municipal District of Badlands No. 7;

AND WHEREAS the Municipal District of Badlands No. 7 has agreed to assume the cost of maintaining the crossing and the highway approaches to the crossing;

AND WHEREAS the railway company has no objection to the change in road authority;

AND WHEREAS the Agency has reviewed the submissions filed, takes note of the agreement of the parties and has found pursuant to section 41 of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.), that there has been a change in the facts or circumstances pertaining to Order No. 81395 since it was issued.

NOW THEREFORE, IT IS ORDERED THAT:

Order No. 81395, of the Board of Transport Commissioners for Canada dated May 19, 1953, is hereby amended by:

  1. Deleting "and maintain" in the body of the Order.
  2. Adding the following:

    "The cost of maintaining the crossing and the highway approches to the crossing shall be paid by the Municipal District of Badlands No. 7"

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