Order No. 1991-R-512

October 10, 1991

October 10, 1991

IN THE MATTER OF an application by the Ministry of Transportation and Highways of the Province of British Columbia (hereinafter the applicant) pursuant to section 201 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3 for authority to construct an overhead bridge carrying the "highway", namely Crowsnest Highway No. 3, across and over the track of Canadian Pacific Limited (hereinafter the railway company), at mileage 22.75 Cranbrook Subdivision, in the Cranbrook District, near Fernie, in the Province of British Columbia, as shown on Drawing No. 2265-2, revision B, dated August 1990, and Drawing Nos. R3-106-02 to 04, inclusive, all stamped preliminary and dated October 29, 1990 (hereinafter the Plans) on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/053-022.75

WHEREAS the applicant has agreed to provide drainage in open ditches rather than in culverts in the toes of the approach embankment, as requested by the railway company;

AND WHEREAS the Agency has considered all material on file related to the subject application;

AND WHEREAS the Agency has considered the application and in accordance with the Decision appended hereto.

NOW THEREFORE, IT IS ORDERED THAT:

  1. The applicant shall revise the Plans and detailed plans of the overhead bridge to incorporate open ditches.
  2. The plans revised as per clause 1 and the detailed plans, shall be submitted to, and approved by an Engineer of the Agency before construction is commenced.
  3. The applicant is authorized to construct the overhead bridge as per the revised plans that have been approved by an Engineer of the Agency.
  4. The overhead bridge shall be constructed and maintained in compliance with the requirements of the Agency respecting highway crossings.
  5. When the overhead bridge has been opened for use by the public, the railway company shall remove the existing level crossing at mileage 22.8 Cranbrook Subdivision within the limits of its right-of-way.
  6. The railway company shall make a one time contribution to the cost of construction of the overhead bridge in the amount of $37,000.
  7. The balance of the cost of construction of the overhead bridge and the cost of any future reconstruction required for the benefit of the applicant, shall be paid by the applicant.
  8. The cost of future maintenance of the overhead bridge shall be paid by the applicant.
  9. 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-56, dated February 4, 1991, or its replacement, for any construction and maintenance work carried out by the railway company under this Order.
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