Order No. 1993-R-360

November 22, 1993

November 22, 1993

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. 2, by widening it where it crosses at grade the track of Canadian Pacific Limited (hereinafter the railway company), at mileage 103.35 Glenboro Subdivision, between the northwest quarter of section 8 and the southwest quarter of section 17, township 7, range 14, west of the principal meridian, in the rural municipality of South Cypress, in the province of Manitoba, as shown on Plan No. 6558 dated September 13, 1993 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/081-103.35

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. The cost of reconstructing and maintaining the crossing shall be paid by the railway company.
  5. The cost of reconstructing and 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. 1993-R-4 dated January 6, 1993, or its replacement, for any construction and maintenance work carried out by the railway company pursuant to this Order.
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