Order No. 1991-R-184

April 10, 1991

April 10, 1991

IN THE MATTER OF an application by the Town of Neepawa (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 "highway", namely Main Street (Provincial Trunk Highway No. 5), by adding a sidewalk along the north and south sides, where it crosses at grade the tracks of the Canadian National Railway Company (hereinafter the railway company), at mileage 0.64 Neepawa Spur, with headblock at mileage 0.00 Neepawa Subdivision, in the Town of Neepawa, in the Province of Manitoba, as shown on Drawing No. 01 stamp- dated received January 25, 1991 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/563-S00.64


WHEREAS the Agency has performed an environmental screening of the proposal pursuant to section 10 of the Environmental Assessment and Review Process Guidelines Order, SOR/84-467 (hereinafter the EARP Guidelines Order);

AND WHEREAS the Agency has determined, pursuant to paragraph 12(c) of the EARP Guidelines Order, that the potentially adverse environmental effects that may be caused by the proposal are insignificant;

AND WHEREAS the Agency has reviewed the submissions filed and takes note of the agreement of the parties.

NOW THEREFORE, IT IS ORDERED THAT:

  1. The applicant and the railway company are authorized to carry out the work as shown on the Plan.
  2. The work shall be carried out and maintained in compliance with the requirements of the Agency respecting highway crossings.
  3. The cost of reconstructing and maintaining the crossing shall be paid by the railway company.
  4. The cost of reconstructing and maintaining the highway approaches to the crossing shall be paid by the applicant.
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