Order No. 1991-R-8
January 8, 1991
IN THE MATTER of Order No. 1990-R-586 dated October 17, 1990, which authorized the Ministry of Transportation and Highways of the Province of British Columbia (hereinafter the applicant), pursuant to section 212 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3, to construct water and sewer pipes across and over the tracks of the Canadian National Railway Company (hereinafter the railway company) at mileage 49.36 Ashcroft Subdivision, in the Lillooet District, in the Province of British Columbia, as shown on Plan Nos. 190-74A and 190-86A, both revised January 19, 1990 (hereinafter the Plans), on file with the National Transportation Agency (hereinafter the Agency).
File No. R 8050/318-049.36
WHEREAS the Agency has been advised by the applicant that the Corporation of the Village of Ashcroft will assume the maintenance costs of the water and sewer pipes crossing;
AND WHEREAS the Corporation of the Village of Ashcroft has agreed to assume the cost of maintaining the water and sewer pipes crossing;
AND WHEREAS the railway company has no objection to this amendment;
AND WHEREAS the Agency has reviewed the submissions filed, has taken note of the agreement of the parties, and has found pursuant to section 41 of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.), that there has been a change in the facts or circumstances pertaining to Order No. 1990-R-586 since it was issued.
NOW THEREFORE, IT IS ORDERED THAT:
Order No. 1990-R-586 dated October 17, 1990 is hereby amended by deleting Clause 1 and adding the following:
- The applicant is authorized to construct, at its own expense, the water and sewer pipes crossing, as shown on the Plans.
- The cost of maintaining the water and sewer pipes crossing shall be paid by the Corporation of the Village of Ashcroft.
- Date modified: