Order No. 1992-R-380

October 30, 1992

October 30, 1992

IN THE MATTER OF Order No. 1990-R-665 dated November 16, 1990, which authorized the Department of Highways and Transportation of the Province of Manitoba (hereinafter the applicant) to

(a) construct a subway to carry a "highway", namely Provincial Road No. 700 (Brandon Eastern Access Route), across and under the tracks of Canadian Pacific Limited (hereinafter the railway company), at mileage 129.48 Carberry Subdivision; and

(b) permanently divert Provincial Road No. 457 and close the crossing at mileage 129.72 Carberry Subdivision,

in Section 20, Township 10, Range 18, west of the Principal Meridian, in the Rural Municipality of Cornwallis, near Brandon, in the Province of Manitoba, as shown on Drawing Nos. M-09-428, Revision 1, dated October 3, 1990, M-10-428 dated November 8, 1988 and Plan No. 6326, Sheet Nos. 3 and 4 of 6 dated October 1985, on file with the National Transportation Agency (hereinafter the Agency), and

IN THE MATTER OF the apportionment of the costs of constructing the east and west diversion roads of Provincial Road No. 457, exclusive of the east and west highway interchanges with Provincial Road No. 700 (Brandon Eastern Access Route), which was reserved for a further order of the Agency.

File No. R 8050/035-129.48


WHEREAS the Agency has the authority under section 204 of the Railway Act, R.S.C., 1985, c. R-3, to order what portion of the cost is to be borne and by whom in respect of any order made by the Agency under section 201 or 202 of the Railway Act;

AND WHEREAS the Agency has reviewed the submissions filed and in accordance with the Decision appended hereto.

NOW THEREFORE, IT IS ORDERED THAT:

  1. Fifteen percent of the costs of constructing the east and west diversion roads or the sum of $106,500, whichever is the lesser, shall be paid by the railway company and the balance of the costs shall be paid by the applicant.
  2. The cost of maintaining the east and west diversion roads shall be paid by the applicant.
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