Order No. 1992-R-60
February 20, 1992
IN THE MATTER OF Order No. 1991-R-79, dated February 11, 1991 which authorized the Ministry of Transportation and Highways of the Province of British Columbia (hereinafter the applicant), pursuant to section 201 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3, to construct an overhead bridge to carry the "highway", namely Island Highway, across and over the right-of-way and track of Canadian Pacific Limited (hereinafter the railway company), at mileage 0.8 Port Alberni Subdivision, near the Town of Parksville, in the Province of British Columbia, as shown on Drawing No. 3040-01 dated October 30, 1990 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).
File No. R 8050/188-000.80
WHEREAS the applicant has submitted detailed drawings indicating changes which reflect corrections to the stationing and a modified vertical curve so that the overhead bridge will not be constructed in accordance with the Plan as authorized by Order No. 1991-R-79 but rather will be built in accordance with Drawing No. 3040-10 dated June 3, 1991 on file with the Agency;
AND WHEREAS there were no objections from interested parties respecting the changes to the Plan;
AND WHEREAS the Agency has reviewed the submissions filed, takes note of the agreement of the parties 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-79, dated February 11, 1991 since it was issued;
NOW THEREFORE, IT IS ORDERED THAT:
Order No. 1991-R-79 dated February 11, 1991 is hereby amended by replacing "Drawing No. 3040-01 dated October 30, 1990" with "Drawing No. 3040-10 dated June 3, 1991".