Order No. 1996-R-533
December 30, 1996
IN THE MATTER OF Order No. R-3980 of the Canadian Transport Commission dated November 25, 1968, which authorized the City of Edmonton to construct a subway to carry 63rd Avenue across and under the tracks of the Canadian Pacific Railway Company, at mileage 95.8 Leduc Subdivision, and of the Canadian National Railway Company at mileage 7.37 E.Y. & P. Line, Edmonton Terminal Subdivision, in the city of Edmonton, in the province of Alberta; and
IN THE MATTER OF Order No. R-10126 of the Canadian Transport Commission dated November 12, 1970, which authorized the Canadian Pacific Railway Company and the Canadian National Railway Company to operate their engines, cars and trains over the subway structure carrying their tracks across and over 63rd Avenue, at mileage 95.8, Leduc Subdivision of the Canadian Pacific Railway Company and mileage 7.37 E.Y. & P. Line, Edmonton Terminal Subdivision of the Canadian National Railway Company, in the city of Edmonton, in the province of Alberta; and
IN THE MATTER OF an application by the Canadian National Railway Company (hereinafter the applicant) pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), to amend the maintenance responsibility in clause 11 of Order No. R-3980 and to relinquish its authority to operate over the 63rd Avenue grade separation, as provided for in Order No. R-10126.
File No. 27811.95
WHEREAS the applicant and the Canadian Pacific Railway Company have entered into an agreement regarding the sale of certain lands and trackage on the former Gainers Industrial Spur of the applicant, in the city of Edmonton;
AND WHEREAS the Canadian Pacific Railway Company has advised the Agency that it is in agreement with the application and the amendments to Canadian Transport Commission Order Nos. R-3980 and R-10126;
AND WHEREAS the City of Edmonton has advised the Agency that it has no objection to the application and the amendments to the Orders;
AND WHEREAS the Agency notes that the authorization granted by Order No. R-10126 has been fulfilled and therefore there is no need to vary this Order;
AND WHEREAS the Agency has reviewed the submissions filed and has found that there has been a change in the facts or circumstances pertaining to Order No. R-3980 since it was issued.
NOW THEREFORE, IT IS ORDERED THAT:
Pursuant to section 32 of the CTA, Order No. R-3980 of the Canadian Transport Commission dated November 25, 1968 is hereby amended by deleting clause 11 and by substituting the following therefor:
"The costs of maintenance of the substructure and superstructure of the subways shall be borne by the Canadian Pacific Railway Company and all other costs of maintenance of the subways, including the cost of maintaining the approaches, road surface, sidewalks, drainage and lighting shall be borne by the applicant."
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