Order No. 1991-R-584

December 17, 1991

December 17, 1991

IN THE MATTER OF an application by the Ministry of Transportation and Highways of the Province of British Columbia, (hereinafter the applicant) pursuant to section 201 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3 for authority to construct a "highway", namely Stropsky Road, at grade across the right-of-way and track of Canadian Pacific Limited (hereinafter the railway company), at mileage 3.25 Nelson Subdivision, in the District of Kootenay, near the City of Cranbrook, in the Province of British Columbia, as shown on Drawing No. 89-98 dated December 24, 1990 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/162-003.25

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 there is already an existing private crossing at this location;

AND WHEREAS the applicant wishes to replace the existing private crossing with a public crossing;

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. The cost of constructing and maintaining the crossing and the highway approaches to the crossing shall be paid by the applicant.
  5. 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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