Order No. 1992-R-59
February 20, 1992
IN THE MATTER OF Order No. 1991-R-289, dated May 31, 1991 which authorized 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 the Savona Access Road, across and over the track of Canadian Pacific Limited (hereinafter the railway company), at mileage 23.83 Thompson Subdivision, in the Community of Savona, in the Province of British Columbia, as shown on Drawing No. 6299-10 dated January 26, 1989 (hereinafter the Plan) on file with the National Transportation Agency (hereinafter the Agency).
File No. R 8050/246-023.83
WHEREAS the applicant has submitted Drawing No. 6299-4 dated September 25, 1989 showing a different design by adding a sidewalk on the east side of the overhead bridge;
AND WHEREAS the railway company submitted that Drawing No. 6299-4 dated September 25, 1989 should be revised to show a vertical clearance of 7010 mm above the top of the rail and a six foot high chain-link fence should be installed to prevent persons from dropping objects on passing trains, otherwise Drawing No. 6299-4 dated September 25, 1989 is acceptable to the railway company;
AND WHEREAS the clearance requested by the railway company is virtually identical to the clearance shown on Drawing No. 6299-4 dated September 25, 1989, already approved as part of the plan by the railway company, as any difference in measurement is the result of the measurement being taken from the top of the rail rather than the base of it;
AND WHEREAS the requirement for a six foot high chain link fence is a matter related to railway safety which is under the jurisdiction of the Minister of Transport pursuant to the Railway Safety Act, R.S.C., 1985, c. 32 (4th Supp.);
AND WHEREAS the Agency has reviewed the submissions filed and has found pursuant to section 41 of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.), that there has been a change in the facts or circumstances pertaining to Order No. 1991-R-289 since it was issued, and takes note of the agreement of the parties with respect to the issue under the jurisdiction of the Agency.
NOW THEREFORE, IT IS ORDERED THAT:
Order No. 1991-R-289 dated May 31, 1991 is hereby amended by replacing "Drawing No. 6299-10 dated January 26, 1989" with "Drawing No. 6299-4 dated September 25, 1989".