Order No. 1990-R-730
December 20, 1990
IN THE MATTER OF an application by Dearden, Stanton, Stones and Strongman Limited, on behalf of the Corporation of the Township of Orillia, (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 the "highway", namely Township Road, by widening it and improving the approach gradients, where it crosses at grade the track of Canadian Pacific Limited (hereinafter the railway company), at mileage 11.71 Port McNicoll Subdivision, between Concessions 1 and 2, Lot 17, in the Township of North Orillia, in the Province of Ontario, as shown on Plan No. E-423 dated July 14, 1987 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).
File No. R 8050/192-011.71
WHEREAS the Agency has reviewed the submissions filed.
NOW THEREFORE, IT IS ORDERED THAT:
- The applicant and the railway company are authorized to carry out the work as shown on the Plan.
- The work shall be carried out and maintained in compliance with the requirements of the Agency respecting highway crossings.
- The cost of widening and maintaining the crossing shall be paid by the railway company.
- Seven and one-half percent of the cost of improving the gradients of the highway approaches to the crossing shall be paid by the railway company and the balance of the said cost shall be paid by the applicant.
- The cost of maintaining the highway approaches of the crossing shall be paid by the applicant.
- The railway company shall prepare all accounts using rates not in excess of those stipulated in Schedule "A" entitled Directives, attached to Agency Order No. 1990-R-120 dated April 2, 1990, or its replacement, for all construction and maintenance work carried out by the railway company under this Order.