Order No. 1996-R-32
January 25, 1996
IN THE MATTER OF Order No. 56517 of the Board of Transport Commissioners for Canada dated October 8, 1938, which authorized the Department of Public Works of the Province of Alberta to construct a surveyed road at grade across the track of the Canadian National Railway Company (hereinafter the railway company) in the west half of section 28, township 65, range 16, west of the fourth meridian; and
IN THE MATTER OF an application by the Department of Transportation and Utilities of the Province of Alberta (hereinafter the applicant), pursuant to section 41 of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987), to amend Order No. 56517 to reflect a change in road authority and the associated cost apportionment responsibilities at the crossing.
File No. R 8050/735-092.50
WHEREAS the Municipal District of Bonnyville No. 87 has advised the National Transportation Agency (hereinafter the Agency) that it is now the road authority at the crossing and accepts the maintenance responsibility of the applicant as set out in Order No. 56517;
AND WHEREAS the railway company has no objection to the change in road authority;
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 NTA, 1987, that there has been a change in the facts or circumstances pertaining to Order No. 56517 since it was issued.
NOW THEREFORE, IT IS ORDERED THAT:
Order No. 56517 of the Board of Transport Commissioners for Canada dated October 8, 1938 is hereby amended by adding the following clause:
4.The cost of maintaining the approaches to the crossing shall be paid by the Municipal District of Bonnyville No. 87.