Order No. 1990-R-38
January 29, 1990
IN THE MATTER OF the application by Canadian Pacific Limited (hereinafter the applicant), pursuant to section 201 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3, for authority to construct:
1) two tracks at grade across Huntingdon Road at mileage 0.72 of North and South Lead tracks to Vaughan Intermodal Terminal with headblock at mileage 15.38 MacTier Subdivision; and
2)a permanent diversion of McGillivray Road along the South Lead track that connects with Huntingdon Road in the Town of Vaughan, in the Province of Ontario;
as shown on Plan Nos. SP-4200-G-F23-1026 dated March 15, 1989 and SP-4200-G-F42-1025 dated August 8, 1986 (hereinafter the Plans), on file with the Agency.
File No. 50303
WHEREAS the applicant has advised that it would donate to the Town of Vaughan the land necessary for the permanent diversion road;
AND WHEREAS the Agency has reviewed the submissions filed,
NOW THEREFORE, IT IS ORDERED THAT:
- The applicant is authorized to construct the crossing at grade and its approaches and the permanent diversion road which would eliminate the need for two crossings at grade, as shown on the Plans.
- The crossing shall be constructed in compliance with the requirements of the Agency respecting highway crossings.
- Detailed plans of the permanent diversion road shall be submitted to and approved by an Engineer of the Agency before construction is commenced.
- When the crossing and permanent diversion road are opened for use by the public, the remaining portion of McGillivray Road along MacTier Subdivision that connects with Major MacKenzie Drive shall be closed.
- The cost of constructing and maintaining the crossing shall be paid by the applicant.
- The cost of constructing the highway approaches of the crossing shall be paid by the applicant.
- The cost of maintaining the highway approaches of the crossing shall be paid by the Town of Vaughan.
- The cost of constructing the permanent diversion road shall be paid by the applicant.