Decision No. 299-R-2006

May 23, 2006

May 23, 2006

APPLICATION by the Ministry of Transportation of the Province of British Columbia, pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, to vary Order No. WDR1987-126 of the Canadian Transport Commission, Western Division, dated May 20, 1987, to reflect the installation of an additional track adjacent to the existing single mainline at the road crossing (Elson Road) and the installation of a crossing warning system, consisting of flashing lights, bells and gates, at mileage 83.60 of the Shuswap Subdivision, near Sorrento, in the province of British Columbia.

File No. R 8050/228-083.60


On January 26, 2006, the Ministry of Transportation of the Province of British Columbia (hereinafter the applicant) filed with the Canadian Transportation Agency (hereinafter the Agency) the application set out in the title.

On February 27, 2006, the Canadian Pacific Railway Company (hereinafter CP) filed its answer, indicating that it concurs with the application.

The Agency has reviewed the submissions filed and takes note of the agreement of the parties, as well as the fact that the installation of an additional track adjacent to the existing single mainline at the crossing has been executed in accordance with Crossing Plan No. 214237-SK-115 dated March 24, 2005.

Furthermore, the Agency has found, pursuant to section 32 of the Canada Transportation Act (hereinafter the CTA), that there has been a change in the fact or circumstances pertaining to Order No. WDR1987-126 since it was issued and that this Order should be varied.

Accordingly, the Agency, pursuant to section 32 of the CTA, hereby varies Order No. WDR1987-126 dated May 20, 1987 to reflect the installation of an additional track adjacent to the existing single mainline at the crossing and the installation of a crossing warning system consisting of flashing lights, bells and gates, and by adding the following clause:

5. The cost of maintenance of the crossing warning system, consisting of flashing lights, bells and gates, shall be shared 50 percent by the applicant and 50 percent by CP.

Members

  • Mary-Jane Bennett
  • Baljinder Gill
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