Order No. 1991-R-56

February 4, 1991

February 4, 1991

IN THE MATTER OF an application by the Department of Highways and Transportation of the Province of Saskatchewan (hereinafter the applicant) on behalf of the Rural Municipality of Eye Hill No. 382, 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 a municipal roadway, where it crosses at grade the track of Canadian Pacific Limited (hereinafter the railway company), at mileage 32.09 Macklin Subdivision, and to reconstruct it at grade across the right-of-way and track of the railway company at mileage 31.97 Macklin Subdivision, in the northwest quarter of Section 33, Township 37, Range 26, west of the Third Meridian, in the Rural Municipality of Eye Hill No. 382, in the Province of Saskatchewan, as shown on Plan No. 31 - 08 dated August 2, 1990 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/133-031.97


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 has been opened for use by the public, the railway company shall close, within the limits of its right-of-way, the existing crossing.
  4. The cost of relocating and reconstructing the crossing and the highway approaches of the crossing and the cost of closing the existing crossing shall be paid by the applicant.
  5. The cost of maintaining the crossing shall be paid by the railway company.
  6. The cost of maintaining the highway approaches of the crossing shall be paid by the Rural Municipality of Eye Hill No. 382.
  7. The railway company shall prepare all accounts using rates not in excess of those stipulated in Schedule "A" entitled Directives, which is attached hereto, or its replacement, for all construction and maintenance work carried out by the railway company under this Order.
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