Order No. 1991-R-465

August 28, 1991

August 28, 1991

IN THE MATTER OF an application by the Township of Orillia (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 the Road Allowance between Concessions 1 and 2, North Division, where it crosses at grade the track of the Canadian National Railway Company (hereinafter the railway company), at mileage 53.58 Midland Subdivision, and to reconstruct it at grade across the track of the railway company at mileage 53.53 Midland Subdivision, in the Township of Orillia, in the Province of Ontario, as shown on Plan No. E-424 dated July 10, 1987 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/542-053.53

WHEREAS the applicant has received a grant from the Minister of Transport for a portion of the cost of relocating this highway crossing and would like to proceed with the work before the deadline expires;

AND WHEREAS the railway company advises that it no longer wishes to share and participate in the costs of this project because it has filed an application to abandon a segment of the Midland Subdivision, which encompasses this crossing, and should it receive approval from the Agency, the monies would be better allocated towards another project;

AND WHEREAS the railway company and the applicant have reached agreement wherein the applicant would be responsible for all costs associated with the relocation and reconstruction of the highway crossing with the understanding that should the application for abandonment of the segment of the Midland subdivision which encompasses this highway crossing be denied by the Agency, the railway company will reimburse the applicant seven and one half percent of the cost of relocating and reconstructing the highway approaches to the crossing;

AND WHEREAS the Agency is of the opinion that the application should be dealt with based on the merits of the proposal and the current existence of the railway line at this particular location;

AND 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 crossing at mileage 53.53 has been opened for use by the public, the railway company shall close the existing crossing at mileage 53.58.
  4. The cost of relocating and reconstructing the crossing, the highway approaches to the crossing and the cost of closing the existing crossing shall be paid by the applicant.
  5. Should the application for abandonment of the segment of the Midland Subdivision which encompasses this highway crossing be denied by the Agency, the railway company shall reimburse the applicant seven and one-half percent of the cost of relocating and reconstructing the highway approaches to the crossing.
  6. The cost of removing the communication line shall be paid by the railway company.
  7. The cost of flagging during road and grade construction shall be paid by the applicant.
  8. The cost of maintaining the crossing shall be paid by the railway company.
  9. The cost of maintaining the highway approaches to the crossing shall be paid by the applicant.
  10. 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-52 dated February 1, 1991, or its replacement, for any construction and maintenance work carried out by the railway company under this Order.
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