Order No. 1991-R-583

December 17, 1991

December 17, 1991

IN THE MATTER OF an application by the Department of Transportation and Utilities of the Province of Alberta, (hereinafter the applicant) on behalf of the Village of Foremost, pursuant to section 202 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3 for authority to relocate the "highway", namely Secondary Highway No. 879, where it crosses at grade the track of Canadian Pacific Limited (hereinafter the railway company), at mileage 35.23 Stirling Subdivision, and to reconstruct it at grade across the right-of-way and track of the railway company at mileage 35.31 Stirling Subdivision, between the southeast quarter of Section 20 and the southwest quarter of Section 21, Township 6, Range 11, west of the Fourth Meridian, in the Village of Foremost, in the Province of Alberta, as shown on Plan No. 879:04-4 dated March 19, 1991 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/234-035.31

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 is 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 work shall be carried out and maintained in accordance with sound environmental practice.
  4. When the highway crossing has been opened for use by the public, the railway company shall close the existing crossing.
  5. The cost of relocating and reconstructing the crossing and the highway approaches to the crossing and the cost of closing the existing highway crossing shall be paid by applicant.
  6. The cost of maintaining the crossing shall be paid by the railway company.
  7. The cost of maintaining the highway approaches to the crossing shall be paid by the Village of Foremost.
  8. 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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