Order No. 1993-R-374

November 30, 1993

November 30, 1993

IN THE MATTER OF an application by Wardrop Engineering Inc., on behalf of the Village of Teulon (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 Beach Road, by adding a sidewalk along the south side, where it crosses at grade the track of Canadian Pacific Limited (hereinafter the railway company), at mileage 37.84 Arborg Subdivision, between the northeast quarter of section 21 and the southeast quarter of section 28, township 16, range 2, east of the principal meridian, in the village of Teulon, in the province of Manitoba, as shown on Drawing No. 930162-01-00-1, Revision 2, dated October 6, 1993 and Drawing No. 930162-01-00- 2 dated September 30, 1993 (hereinafter the Plans), on file with the National Transportation Agency (hereinafter the Agency).

File No. 27365.878

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 Plans.
  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 the crossing and the highway approaches to the crossing shall be paid by the applicant.
  5. The cost of maintaining the crossing shall be paid by the railway company.
  6. The cost of maintaining the highway approaches to the crossing shall be paid by the applicant.
  7. 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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