See
26783

The Board of
Railway Commissioners for Canada.

Order no. 26710

Monday, the 5th of
November, A.D. 1917

In the matter of the application of the Hydro-Electric Power Commission of Ontario, hereafter called the "Applicant", under Sections 227 and 249 or the Railway Act, for authority to construct a power development canal and construction railway under the Niagara, St. Catharines & Toronto Railway in Lot 90, Township of Stamford; and to divert the said railway temporarily, all as shown on general plans No. 2359, dated 6th July, 1917, and No. 2357, dated 27th September, 1917, and stree sheet 3-4-1-8-e, dated 3rd August, 1917, on file with the Board under file No. 28234:

H. L. Drayton
Chief Commissioner

A. S. Goodeve
Commissioner

Upon hearing the application the sittings of the Board held in Toronto, October 23rd, 1917, the Applicant and the Railway Company being represented at the heraing, and what was alleged; and upon reading the consent, upon terms, filed by the Niagara, St. Catharines & Toronto Railway Company—

It is ordered that the Applicant be, and it is hereby, authorized to construct a power development canal and construction railway under the Niagara, St. Catharines & Toronto Railway in Lot 90, in the Township of Stamford, Province of Ontario; and to divert the said railway temporarily, all as shown on the said plans on file with the Board under file No. 28234, subject to and upon the terms of the said consent, with the exception of paragraph 8, and the first part of paragraph 3 thereof providing that the work of diverting the Company's tracks shall not be commenced until the Spring of 1918, and further condition namely:

On the completion of the work herein authorized, the Applicant shall pay to the Railway Company a sum of money representing the capitalized cost of the maintenance and replacement of the said structure, based on a value of one dollar and fifty cents per cubic yard of mass concrete. Upon payment of the said sum, the Company will take over and thereafter maintain and replace the said structure, at its own cost, upon the express understanding, however, that this shall not relieve the Applicant from the payment of any damage resulting from the construction, operation, and maintenance of the canal, for which the Company may be held liable and which shall be distinct from the actual maintenance of the structures crossing the same, and which damages the Applicant agrees to assume and bear.

And it is further ordered that detail plans of the proposed work be submitted by the Applicant to the said Railway Company and to the Board for the approval of its Engineer.

H. L. Drayton
Chief Commissioner,
The Board of Railway Commissioners for Canada.