Order No. 1995-R-507

December 12, 1995

December 12, 1995

IN THE MATTER OF Order No. 104814 of the Board of Transport Commissioners for Canada dated June 21, 1961, as amended by Order No. 104979 dated July 5, 1961, which authorized the Department of Highways of the Province of British Columbia to install automatic protection at the crossing of Abbotsford-Mission Highway (Essendene Avenue) and the tracks of the British Columbia Electric Railway Company and Canadian Pacific Limited, at mileage 6.59 Mission Subdivision, in the city of Abbotsford, in the province of British Columbia;

IN THE MATTER OF Order No. WDR1983-00239 of the Canadian Transport Commission dated December 8, 1983, which approved Plan No. SL-4802-6.59 revised February 7, 1983, showing changes to the protective devices at the crossing of Essendene Avenue and the tracks of Canadian Pacific Limited at mileage 6.59 Mission Subdivision, and the British Columbia Hydro and Power Authority at mileage 39.35 Fraser Valley Subdivision, in the city of Abbotsford, in the province of British Columbia, installed pursuant to the provisions of Order No. 104814 of the Board of Transport Commissioners for Canada dated June 21, 1961, as amended by Order No. 104979 dated July 5, 1961; and

IN THE MATTER OF an application by the Department of Transportation and Utilities of the Province of British Columbia (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. 104814 and Order No. WDR1983-00239 to reflect a change in road authority and the associated cost apportionment responsibilities at the crossing.

File No. R 8050/152-006.59


AND WHEREAS the City of Abbotsford has advised the Agency that it is now the road authority at the crossing and accepts the maintenance responsibility of the applicant as outlined in Order Nos. 104814 and WDR1983-00239;

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. 104814 and Order No. WDR1983-00239 since they were issued.

NOW THEREFORE, IT IS ORDERED THAT:

  1. Clause 5 of Order No. 104814 of the Board of Transport Commissioners for Canada dated June 21, 1961, as amended by Order No. 104979, is hereby amended by replacing the words "Department of Highways of the Province of British Columbia" with the words "City of Abbotsford".
  2. Clause 3 of Order No. WDR1983-00239 of the Canadian Transport Commission dated December 8, 1983 is hereby amended by replacing the words "Ministry" with the words "City of Abbotsford".
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