Order No. 1994-R-490

December 2, 1994

December 2, 1994

IN THE MATTER OF an application by Gaz Métropolitain (hereinafter the applicant) pursuant to section 212 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3 for authority to construct a natural gas pipeline across and under the right-of-way and track of Canadian Pacific Limited (hereinafter the railway company), at mileage 16.09 Vallée Subdivision, in the municipality of East-Angus, in the province of Quebec, as shown on Drawing No. EC-94-1163 revised October 19, 1994 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/258-016.09

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 shall ensure that any permission or requirement that it issues pursuant to section 212 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 takes note of the agreement of the parties.

NOW THEREFORE, IT IS ORDERED THAT:

  1. The applicant is authorized to construct and maintain, at its own expense, the pipeline crossing, as shown on the Plan.
  2. The pipeline crossing shall be consistent with any requirements imposed by or under the Railway Safety Act.
  3. The pipeline crossing shall be constructed and maintained in compliance with the requirements of the Pipe Crossings Under Railways Regulations, C.R.C. 1978, c. 1187, except in those particulars where the Plan is inconsistent with the provisions of subsection 17(11) of these Regulations.

    4. 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. 1994-R-70 dated March 8, 1994, or its replacement, for any construction and maintenance work carried out by the railway company pursuant to this Order.

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