Order No. 1994-R-40

February 9, 1994

File No. R 8050/497-S00.60

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 have the existing private crossing designated as a farm crossing;

AND WHEREAS the railway company objects to the application on the basis that there are two public crossings in the immediate area to access the lot of the applicant and that it will require a railway siding at the subject location in the near future. The railway company contends that once the siding is constructed, it will not be possible to meet the requirements of the Railway Safety Act, R.S.C., 1985, c. 32 (4th Supp.), specifically G4A (Minimum Railway/Road Crossing Sightline Requirements), and the crossing may have to be closed;

AND WHEREAS the applicant stated that in both situations there are private properties between the public crossings and lot 1 of block 1244 which makes it impossible to get a legal access to lot 1;

AND WHEREAS the Agency notes that there is presently no siding at this location and the railway company does not object to the continued existence of the private crossing at this location;

AND WHEREAS the Agency can only render a decision based on the facts of an application before it and not on the possibility of speculated future projects;

AND WHEREAS the Agency shall ensure that any order issued under subsection 216(2) of the Railway Act is consistent with any requirements imposed by or under the Railway Safety Act;

AND WHEREAS the Railway Safety Directorate of Transport Canada has advised the Agency that this location is satisfactory for a farm crossing;

AND WHEREAS pursuant to subsection 216(1) of the Railway Act, the Agency may order a railway company to provide and construct a suitable farm crossing across the railway, wherever it deems it necessary for the proper enjoyment of the landowner's land;

AND WHEREAS the Agency is of the opinion that a farm crossing is necessary at this location for the proper enjoyment of the landowner's land;

AND WHEREAS the Agency has reviewed the submissions filed.

NOW THEREFORE, IT IS ORDERED THAT:

1. The crossing is a farm crossing.
2. The farm crossing shall be consistent with any requirements imposed by or under the Railway Safety Act.
3. The farm crossing shall be maintained in accordance with sound environmental practice.
4. The cost of maintaining the farm crossing and the approaches to the crossing shall be paid by the applicant.