Order No. 1991-R-92

February 15, 1991

February 15, 1991

IN THE MATTER OF an application by the Corporation of the Township of Orillia (hereinafter the applicant) pursuant to section 202 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3 for authority to reconstruct the "highway", namely Port Stanton Road, by improving the southern approach gradient, where it crosses at grade the tracks of the Canadian National Railway Company (hereinafter the railway company), at mileage 93.80 Bala Subdivision, in the Township of Orillia, in the Province of Ontario, as shown on Plan No. E-471, revised June 9, 1989 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/326-093.80

WHEREAS the Agency has reviewed the submissions filed.

NOW THEREFORE, IT IS ORDERED THAT:

  1. The applicant is 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. Seven and one half percent of the cost of reconstructing the highway approach to the crossing shall be paid by the railway company and the balance of the cost shall be paid by the applicant.
  4. The cost of maintaining the highway approach to the crossing shall be paid by the applicant.
  5. The cost of maintaining the crossing shall be paid by the railway company.
  6. Should the railway company carry out any construction and maintenance work under this Order for the applicant, it shall prepare all accounts using rates not in excess of those stipulated in Schedule "A" entitled Directives, attached to Agency Order No. 1990-R-60 dated February 13, 1990, or its replacement.
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