Order No. 1990-R-731
December 20, 1990
IN THE MATTER OF an application by the Ministry of Transportation of the Province of Ontario (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 Highway No. 47, by widening it where it crosses at grade the track of the Canadian National Railway Company (hereinafter the railway company), at mileage 38.94 Uxbridge Subdivision, in the Town of Whitchurch-Stouffville, in the Regional Municipality of York, in the Province of Ontario, as shown on Plan No. G-249-47-1 revised August 22, 1991 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).
File No. R 8050/699-038.94
WHEREAS the Agency has reviewed the submissions filed and takes note of the agreement of the parties.
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 reconstructing the crossing and the highway approaches of the crossing shall be paid by the applicant.
- The cost of maintaining the crossing shall be paid by the railway company.
- 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-60 dated February 13, 1990, or its replacement, for all construction and maintenance work carried out by the railway company under this Order.