Order No. 1991-R-57

February 4, 1991

February 4, 1991

IN THE MATTER OF the reconstruction of the "highway", namely Kent County Road No. 15 by the Corporation of the County of Kent (hereinafter the County), by widening it, where it crosses at grade the track of CSX Transportation, Inc. (hereinafter the railway company), at mileage 29.7 No. 2 Subdivision, in the County of Kent, in the Province of Ontario, as shown on Plan No. 15 - 4 Bl. Rd., Sheet 1 dated December 1989 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/821-029.70

WHEREAS the work has been carried out without obtaining leave of the Agency pursuant to section 202 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3;

AND WHEREAS the County has filed confirmation that the work has been carried out;

AND WHEREAS the Agency is satisfied that the work as shown on the Plan is in compliance with the Agency requirements respecting highway crossings;

AND WHEREAS a dispute has developed with respect to the apportionment of the cost of reconstructing the crossing;

AND WHEREAS the Agency is of the opinion that when an existing crossing is widened, the cost of widening the crossing is payable by the junior party;

AND WHEREAS the Agency is of the opinion that when the railway company is the junior party, it is not reponsible for the cost of construction incurred beyond the width of the original highway right-of-way;

AND WHEREAS the railway company is the junior party at the crossing;

AND WHEREAS a review of the Plan indicates that the widened crossing is within the original highway right-of-way;

AND WHEREAS the Agency is of the opinion that the railway company should pay the cost of reconstructing the crossing.

NOW THEREFORE, IT IS ORDERED THAT:

  1. The work is approved.
  2. The cost of reconstructing and maintaining the crossing shall be paid by the railway company.
  3. The cost of reconstructing and maintaining the highway approaches of the crossing shall be paid by the County.
  4. 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.
Back to rulings
Date modified: