Order No. 1991-R-548

November 19, 1991

November 19, 1991

IN THE MATTER OF an application by the Department of Highways and Transportation of the Province of Manitoba (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 Provincial Trunk Highway No. 101, by widening it to include a North Service Road and a South Service Road, at grade across the track of Canadian Pacific Limited (hereinafter the railway company), at mileage 5.39 Arborg Subdivision, north of Section 1, Township 12, Range 2, east of the Principal Meridian, in the Rural Municipality of Rosser, in the Province of Manitoba, as shown on Plan No. 6490, dated May 28, 1991 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/008-005.39

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 considered all material on file related to the subject application;

AND WHEREAS the Agency has considered the application and in accordance with the Decision appended hereto.

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 the crossing and the highway approaches to the crossing shall be paid by the applicant.
  4. Thirty per cent of the cost of maintaining the crossing shall be paid by the railway company and the balance of the cost shall be paid by the applicant.
  5. The cost of maintaining the highway approaches to the crossing shall be paid by the applicant.
  6. The railway company shall prepare all accounts using rates not in excess of those stipulated in Schedule "A" entitled Directives, attached to Agency Order No. 1991-R-56, dated February 4, 1991, or its replacement, for any construction and maintenance work carried out by the railway company under this Order.
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