Order No. 1995-R-88
March 10, 1995
IN THE MATTER OF an application by the Department of Transportation and Utilities of the Province of Alberta (hereinafter the applicant), pursuant to subsection 16(1) and all other relevant sections of the Railway Safety Act, R.S.C., 1985, c. 32 (4th Supp.), for a determination in respect of the apportionment of costs to be borne by each party in respect of the installation of automatic protection devices at the crossing of Secondary Highway 686, at mileage 12.19 Manning Subdivision of the Canadian National Railway Company (hereinafter the railway company), in the southwest quarter of section 14, township 85, range 23, west of the fifth meridian, near Leddy, in the province of Alberta.
File No. R 8050/537-012.19
WHEREAS the applicant and the railway company cannot agree on the apportionment between them of the liability to meet the costs of installing the automatic protective devices at the crossing;
AND WHEREAS the applicant has referred the dispute to the National Transportation Agency (hereinafter the Agency) pursuant to subsection 16(1) of the Railway Safety Act;
AND WHEREAS the Agency has reviewed the submissions filed and in accordance with the decision attached hereto.
NOW THEREFORE, IT IS ORDERED THAT:
- Seven and one-half percent of the cost of the installation of the automatic protection devices shall be paid by the railway company.
- The balance of the cost of the installation of the automatic protection devices, after application of the federal grant, shall be paid by the applicant.
- The cost of future maintenance of the automatic protection devices shall be shared equally between the applicant and the railway company.
- The railway company shall prepare all accounts using rates not in excess of those stipulated in Schedule "A" entitled Directives, attached to Agency Order No. 1995-R-16 dated January 24, 1995, or its replacement, for any construction and maintenance work to be carried out by the railway company under this Order.
- Date modified: