Order No. 1991-R-88

February 13, 1991

February 13, 1991

IN THE MATTER OF the construction of an additional track by the Canadian National Railway Company (hereinafter the railway company) at grade across Burloak Drive, at mileage 26.98 Oakville Subdivision, between the City of Burlington and the Town of Oakville, in the Rural Municipality of Halton, in the Province of Ontario, as shown on Drawing No. 1 of 1 dated November 1989 (hereinafter the Plan), on file with the Agency.

File No. R 8050/573-026.98

WHEREAS the work has been carried out without an order 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 railway company has filed confirmation that the work has been carried out in accordance with the Plan;

AND WHEREAS the Corporation of the City of Burlington has no objection to the work that 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;

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 the highway approach north of the crossing shall be paid by the the railway company.
  4. The cost of maintaining the highway approaches of the crossing shall be paid by the City of Burlington and the Town of Oakville.
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