Order No. 1989-R-423

December 20, 1989

December 20, 1989

IN THE MATTER OF Railway Transport Committee Order No. R-23585 dated September 8, 1976 which authorized improvements to the crossing of the track of the Canadian National Railway Company, at mileage 87.03 Murray Bay Subdivision and St. Etienne Street, in the Town of La Malbaie, in the County of Charlevoix, in the Province of Quebec.

File No. 26782.83


WHEREAS the ministère des Transports of the Province of Quebec has requested that the Town of La Malbaie be responsible for the future cost of maintenance of the crossing;

WHEREAS the Town of La Malbaie, in the Province of Quebec, has agreed to assume the future cost of maintenance of the crossing;

WHEREAS the railway company has no objection; and

WHEREAS the Agency has found that, pursuant to section 41 of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.), new facts or circumstances have arisen since the issuance of Railway Transport Committee Order No. R-23585.

UPON reading the submissions filed and upon the consent of the ministère des Transports of the Province of Quebec,

IT IS ORDERED THAT:

Railway Transport Committee Order No. R-23585 dated September 8, 1976 is hereby amended by replacing Clause 3 with the following:

"3. Thirty-four per cent of the cost of maintenance of the said relocated and improved crossing shall be paid by the Town of La Malbaie and sixty-six per cent of the said cost shall be paid by the Canadian National Railway Company.".

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