Order No. 1990-R-1

January 3, 1990

January 3, 1990

IN THE MATTER OF the application by the Corporation of the City of Thunder Bay (hereinafter the applicant), pursuant to section 201 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3 (formerly section 197 of the Railway Act, R.S.C. 1970 c. R-2), for authority to construct James Street, where it crosses at grade the right-of-way and tracks of the Canadian National Railway Company (hereinafter the railway company), at mileage 5.77 Kashabowie Subdivision, and close the pedestrian crossing at mileage 5.75 Kashabowie Subdivision, in the City of Thunder Bay, in the Province of Ontario, as shown on Drawing No. 88-8798 E, revised October 26, 1988 (hereinafter the Plan), on file with the Agency.

File No. 26711.4396


UPON reading the submissions filed,

IT IS ORDERED THAT:

  1. The applicant and the railway company are authorized to carry out the work as shown on the Plan.
  2. The crossing shall be constructed in compliance with the requirements of the Agency respecting highway crossings.
  3. The cost of constructing and maintaining the crossing shall be paid by the applicant.
  4. When the crossing at mileage 5.77 Kashabowie Subdivision is opened for use by the public, the pedestrian crossing at mileage 5.75 Kashabowie Subdivision shall be closed and its approaches shall be removed within the limits of the railway right-of-way.
  5. The cost of closing the pedestrian crossing and removing its approaches shall be paid by the applicant.
  6. The railway company is directed to prepare all accounts using rates not in excess of those stipulated in Schedule "A" entitled Directives, attached to Railway Transport Committee Order No. R-40670 dated May 20, 1987, or its replacement, for all construction and maintenance work carried out by the railway company under this Order.
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