Order No. 1994-R-351

August 18, 1994

File No. R 8050/709-260.17

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 applicant has advised that it has been unable to negotiate a mutually acceptable agreement with the railway company as to the terms of this crossing;

AND WHEREAS the applicant has advised that the fibre optic cable crossing is needed in order to replace the present cable that is deteriorating and to ensure the proper and safe conduct of its power operations;

AND WHEREAS the applicant has advised that construction to the north side of the railway company's track will be completed in the very near future and has requested that an interim order be issued in order that it may continue construction across the railway company's track;

AND WHEREAS the Agency has determined it will proceed with the request of the applicant for an interim order granting leave to the applicant to construct and maintain the fibre optic cable crossing pending the determination of the Agency on the issues of compensation, termination, relocation and liability provisions;

AND WHEREAS the railway company maintains that the provisions of the Regulations Respecting Pipe Crossings under Railways (General Order No. E-10), C.R.C., c. 1187 and the Regulations Respecting Standards for Wire Crossings and Proximities (General Order No. E-11), C.R.C., c. 1195 should apply to the subject crossing and that no change to the existing regulations should be granted;

AND WHEREAS the Agency notes that the railway company has not raised any objections specific to the construction and maintenance of the fibre optic cable crossing, but rather has raised concerns with respect to the issues of compensation, termination, relocation and liability;

AND WHEREAS the Agency shall ensure that any order made under section 326 of the Railway Act is consistent with any requirements imposed by or under the Railway Safety Act, R.S.C., 1985, c. 32 (4th Supp.);

AND WHEREAS the Agency has reviewed the submissions filed and is of the opinion that an interim order pursuant to section 40 of the National Transportation Act, 1987 authorizing the construction of the cable crossing the railway should issue subject to the Agency's determination on the issues of compensation, termination, relocation and liability provisions.

NOW THEREFORE, IT IS ORDERED THAT:

1. The applicant is authorized to construct and maintain, at its own expense, the fibre optic cable crossing as shown on plan dated August 18, 1993.
2. The work shall be carried out and maintained in compliance with the requirements of General Order No. E-11.
3. The work shall be carried out and maintained in accordance with sound environmental practice.
4. The fibre optic cable crossing shall be consistent with any requirements imposed by or under the Railway Safety Act.