Order No. 1991-R-461
August 28, 1991
IN THE MATTER OF a reference by the Corporation of the District of Pitt Meadows (hereinafter the District) pursuant to subsection 16(1) of the Railway Safety Act, R.S.C., 1985, c. 32 (4th Supp.) for a determination by the National Transportation Agency (hereinafter the Agency) on the cost apportionment to be borne by each party in respect of the relocation of the automatic warning devices and the installation of cantilever structures at Harris Road, mileage 107.35 Cascade Subdivision of Canadian Pacific Limited (hereinafter CP), in the District of Pitt Meadows, in the Province of British Columbia, as shown on Drawing No. 89009 dated August 1989 (hereinafter the Plan), on file with the Agency.
File No. 27073.60
WHEREAS the District and CP cannot agree on the apportionment of the liability to meet the alteration costs in respect of the work required to be done to relocate and upgrade the automatic warning devices at this location;
AND WHEREAS the District has referred the dispute to the Agency pursuant to subsection 16(1) of the Railway Safety Act;
AND WHEREAS the Agency has reviewed the submissions filed and in accordance with the Decision appended hereto;
NOW THEREFORE, IT IS ORDERED THAT:
- The cost of relocating the automatic warning devices shall be paid by the District.
- The cost of installing cantilever structures as part of the automatic warning devices shall be paid by the District.
- CP 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 CP under this Order.
- Date modified: