Order No. 1991-R-443
August 22, 1991
IN THE MATTER OF Order No. R-26017 of the Railway Transport Committee, Canadian Tranport Commission dated December 28, 1977, which authorized Alberta Transportation to construct an East/West Road at grade across the right of way and track of the Canadian National Railway Company (hereinafter the railway company) at mileage 60.70 Drumheller Subdivision, in the northeast quarter of Section 7, Township 28, Range 19, west of the Fourth Meridian, near Wayne, in the Province of Alberta, as shown on Drawing No. 3115-H-7- 2 revised July 1977, on file with the National Transportation Agency (hereinafter the Agency).
File No. R 8050/412-060.70
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 and 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. R-26017 since it was issued.
NOW THEREFORE, IT IS ORDERED THAT:
Order No. R-26017 of the Railway Transport Committee, Canadian Transport Commission, dated December 28, 1977 is hereby amended by:
- Deleting "and maintain" in Clause 1.
- Adding the following clause:
"The cost of maintaining the crossing and the highway approches to the crossing shall be paid by the Municipal District of Badlands No. 7"
- Date modified: