Order No. 1990-R-733
December 24, 1990
IN THE MATTER OF an application by the Ministry of Transportation and Highways of the Province of British Columbia (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 overhead bridge carrying the "highway", namely Crowsnest Highway No. 3, by relocating it from where it crosses over the track of Burlington Northern Railroad Company (hereinafter the railway company), at mileage 160.03 13th Subdivision, and reconstructing it across and over the track of the railway company, at mileage 160.07 13th Subdivision, near Salmo, in the Province of British Columbia, as shown on Drawing Nos. 1381-30 A revised August 23, 1990 and 1381-31 dated May 31, 1990 (hereinafter the Plans), on file with the National Transportation Agency (hereinafter the Agency).
File No. R 8050/866-160.07
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 Plans.
- The work shall be carried out and maintained in compliance with the requirements of the Agency respecting highway crossings.
- Detailed plans shall be submitted to, and approved by, an Engineer of the Agency before construction is commenced.
- When the overhead bridge has been opened for use by the public, the applicant shall remove the existing overhead bridge.
- The cost of relocating and reconstructing the overhead bridge and the cost of removing the existing overhead bridge shall be paid by the applicant.
- The cost of maintaining the overhead bridge 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-92 dated March 12, 1990, or its replacement, for all construction and maintenance work carried out by the railway company under this Order.