Order no. 55105
|Monday, the 1st of
November, A.D. 1937
In the matter of the application of the City of Kitchener, in the Province of Ontario, hereinafter called the
Applicant, under Section 256 of the Railway Act, for authority to construct two crossings at grade level, in lieu of replacing the wooden bridge, at Mill and South Streets, over the Galt-Kitchener line of the Canadian National Railways; and for a grant from the Railway Grade Crossing Fund toward the cost of the said work:
F. N. Garceau
Deputy Chief Commissioner
J. A. Stoneman
Upon hearing the application at the sittings of the Board held at Kitchener, September 27th, 1937, in the presence of Counsel for the Applicant and the Canadian National railways, and what was alleged; and upon an examination by the Board of the locus in quo, and the consent of the parties—
It is ordered
- That the Applicant be, and it is hereby, authorized to construct two grade level crossings over the Canadian National Railways on Mill and South Streets, in the City of Kitchener, Province of Ontario, as shown on the plan and profile dated April 12th, 1937, on file with the Board under file No. 40261, and in accordance with and subject to the Standard Regulations of the Board Affecting Highway Crossings.
- That, with the approval of the Governor in Council by Order in Council P.C. 2670, dated 27th October, 1936, forty per cent of the cost of constructing the said crossings, no exceeding, however, the sum of $4,000, be paid out of the fund appropriated for the purpose under Department of Transport Vote No. 357, Special Supplementary Estimates 1937-38; and that the remainder of such cost be borne and paid one-half by the Applicant and one-half by the Canadian National Railways.
- That the cost of maintaining the said crossings be borne and paid by the Canadian National Railways.
- That all train movements over the said crossings be flagged by members of the train crews.
- That the approval of the Governor in Council by the said Order in Council herein referred to is subject to the proviso that the Applicant shall agree with His Majesty, represented by the Minister of Transport, in such form as the said Minister may approve, that all persons employed in the execution of the works herein authorized shall, while so employed during the continuance of the execution of the works, be paid fair wages and that the working hours of such persons shall not exceed eight hours per day nor forty-four hours per week while so employed, all in accordance with the provisions of The Fair Wages and Hours of Labour Act, 1936.
The Board of Railway Commissioners for Canada.