Order No. 1998-R-642
October 8, 1998
IN THE MATTER OF an application by the City of Toronto, East York District (hereinafter the applicant) pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), to vary Order No. R-39312 of the Railway Transport Committee of the Canadian Transport Commission dated April 28, 1986 to reflect a change in the Plan, as shown in Drawing Nos. SK-1 revision 1 dated March 24, 1982 and SK-2 revision 2 dated January 14, 1986, for the construction of the road crossing at Street "A" and mileage 206.93 Belleville Subdivision, in the province of Ontario.
File No. R 8050/016-206.93
The applicant has advised the Canadian Transportation Agency (hereinafter the Agency) that the Plan for the construction at the road crossing has been revised.
With respect to the cost apportionment at the road cossing, the applicant indicates that the cost for construction will be borne by the developer as provided for in the subdivision agreement. The applicant states that upon completion of the structure to its satisfaction, it will assume ownership of the structure and will pay the cost of all subsequent associated maintenance.
The St. Lawrence & Hudson Railway Company Ltd. has no objection to the variance of Order No. R-39312 to reflect the change in the Plan and the cost apportionment.
The Agency notes that the City of Toronto, East York District is now the road authority at this location.
The Agency has reviewed the submissions filed and has found, pursuant to section 32 of the CTA, that there has been a change in the facts or circumstances pertaining to Order No. R-39312 since it was issued and that this Order should be varied.
Accordingly, pursuant to section 32 of the CTA, Order No. R-39312 dated April 28, 1986 is hereby varied by replacing "Drawing Nos. SK-1 revision 1 dated March 24, 1982 and SK-2 revision 2 dated January 14, 1986" with "General Arrangement Drawing No. S1 dated April 1998 (hereinafter the Plan)" and by replacing clause 1 with the following:
The City of Toronto, East York District is authorized to construct the said overhead crossing as shown on the Plan. The cost of construction shall be borne by Jasamax Holdings Ltd. and, upon completion of the said structure to its satisfaction, the City of Toronto, East York District, will pay the cost of all associated maintenance.
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