Order No. 1994-R-17

January 14, 1994

January 14, 1994

IN THE MATTER OF an application by the Village of Binscarth (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 continue to use and reconstruct the "highway" as 3rd Avenue, at grade across the right-of-way and track of Canadian Pacific Limited (hereinafter the railway company), at mileage 0.50 Russell Subdivision, in the southwest quarter of section 15, township 19, range 28, west of the principal meridian, in the village of Binscarth, in the rural municipality of Russell, in the province of Manitoba, as shown on Plan No. 92644 date-stamped August 23, 1993 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/207-000.50

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 for several years there has been a crossing across the right-of-way and track of the railway company at this location;

AND WHEREAS the crossing, having been opened to and used by the public for several years, has become, de facto, a highway crossing;

AND WHEREAS in order to comply with the requirements of the Agency respecting highway crossings, certain work has to be carried out;

AND WHEREAS the applicant has indicated that it intends to acquire the proposed road allowance on both sides of the track;

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 and the highway approaches to the crossing shall be paid by the applicant.
  5. This order will not take effect until the legal title to the proposed road allowance on both sides of the track has been obtained 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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