Order No. 1995-R-462
November 14, 1995
IN THE MATTER OF Order No. R-40068 of the Canadian Transport Commission, dated November 27, 1986, which authorized the Town of Markham to:
- reconstruct and widen the approaches of the crossing,
- widen the crossing surface, and
- relocate and revise the protective devices
at 14th Avenue where it crosses at grade the track of the Canadian National Railway Company (hereinafter the railway company), in the town of Markham, in the province of Ontario, at mileage 51.50 Uxbridge Subdivision; and
IN THE MATTER OF an application by the Regional Municipality of York (hereinafter the applicant) pursuant to section 41 of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987), to amend Order No. R-40068 to reflect a change in road authority and the associated cost apportionment responsibilities at the crossing.
File No. R 8050/699-051.50
WHEREAS the applicant has advised the National Transportation Agency (hereinafter the Agency) that it is now the road authority at the crossing and accepts the maintenance responsibility of the Town of Markham as outlined in Order No. R-40068;
AND WHEREAS the railway company has no objection to the change in road authority;
AND WHEREAS the Agency has reviewed the submissions filed, takes note of the agreement of the parties and has found pursuant to section 41 of the NTA, 1987 that there has been a change in the facts or circumstances pertaining to Order No. R-40068 since it was issued.
NOW THEREFORE, IT IS ORDERED THAT:
Clause 10 of Order No. R-40068 of the Canadian Transport Commission dated November 27, 1986 is hereby amended by replacing the word "applicant" with the words "Regional Municipality of York".
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