Order No. 1990-R-39

January 29, 1990

January 29, 1990

IN THE MATTER OF an application by the Manitoba Department of Highways and Transportation (hereinafter the applicant), pursuant to section 202 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3, for authority to reconstruct at grade and relocate Navin Road across the right-of-way and track of the Canadian National Railway Company (hereinafter the railway company), at mileage 145.1 Sprague Subdivision, and to close the existing crossing at mileage 145.2, in the Rural Municipality of Springfield, in the Province of Manitoba, as shown on General Plan No. 6389 dated February 24, 1989 (hereinafter the Plan), on file with the Agency.

File No. 26744.1448


WHEREAS the Agency has reviewed the submissions filed and upon the consent of the applicant,

NOW THEREFORE, 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 work shall be carried out in compliance with the requirements of the Agency respecting highway crossings.
  3. When the crossing at mileage 145.1 has been opened for use by the public, the existing crossing at mileage 145.2 shall be closed within the limits of the railway right-of-way.
  4. The cost of reconstructing and relocating the crossing and its approaches and the cost of closing the existing crossing shall be paid by the applicant.
  5. The cost of maintaining the approaches shall be paid by the Rural Municipality of Springfield.
  6. The cost of maintaining the crossing shall be paid by the railway company.
  7. 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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