Order No. 1991-R-396
July 31, 1991
IN THE MATTER OF an application by the Ministry of Transportation of the Province of Ontario (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 a subway to carry the "highway", namely Kipling Avenue, across and under the tracks of the Canadian National Railway Company (hereinafter the railway company), at mileage 4.90 Halton Subdivision, in the Town of Vaughan, in the Regional Municipality of York, in the Province of Ontario, as shown on Drawing No. 1 dated April 1990, Plan No. G-73-407-1 revised February 1991, Drawing Plate No. WP No 88-78-02 Sheet 34 dated February 6, 1991 and Plan No. E-73-407-14 revised November 1, 1990 (hereinafter the Plans), on file with the National Transportation Agency (hereinafter the Agency).
File No. R 8050/463-004.90
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 is authorized to construct the subway, as shown on the Plans.
- The subway shall be constructed and maintained in compliance with the requirements of the Agency respecting highway crossings.
- The applicant is authorized to construct a temporary rail diversion as shown on Drawing Plate No. WP No 88-78-02 Sheets 44, 45 and 46, all dated February 6, 1991, to permit the construction of the subway.
- Detailed plans shall be submitted to, and approved by, an Engineer of the Agency before construction is commenced.
- Upon completion of the subway, the railway company shall replace its tracks in their permanent location on the subway and shall remove the temporary rail diversion.
- The cost of constructing and removing the temporary rail diversion, the cost of replacing the tracks to their former location, the cost of relocating the utilities, and the cost of the associated drainage works shall be considered part of the cost of constructing the subway.
- The cost of constructing and maintaining the subway 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. 1991-R-52 dated February 1, 1991, or its replacement, for any construction and maintenance work carried out by the railway company under this Order.