Decision No. 301-R-2006
May 24, 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. 1996-R-162 of the National Transportation Agency dated April 24, 1996, to reflect the relocation of the road crossing (Fredericton Road) from mileage 81.80 to mileage 81.62 of the Shuswap Subdivision and 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, at mileage 81.62 of the Shuswap Subdivision near Sorrento, in the province of British Columbia.
File No. R8050/228-081.80
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 relocation of the crossing and the installation of an additional track adjacent to the existing single mainline at the crossing have been executed in accordance with Crossing Plan No. 214237-SK-112 dated March 15, 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. 1996-R-162 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. 1996-R-162 dated April 24, 1996, to reflect the relocation of the crossing from mileage 81.80 to mileage 81.62 Shuswap Subdivision and 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
- Baljinder Gill
- Beaton Tulk
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