Order No. 1995-R-128
April 7, 1995
IN THE MATTER OF Order No. 54034 of the Board of Railway Commissioners for Canada, dated March 3, 1937, which authorized the Department of Public Works for the Province of Alberta to construct a highway crossing over the track of the Canadian National Railway Company (hereinafter the railway company), between the northeast quarter of section 1 and the southeast quarter of section 12, township 66, range 2, west of the fifth meridian, in the province of Alberta, at mileage 93.85 Westlock Subdivision (formerly Edmonton Subdivision), as shown on the plan and profile dated February 12, 1937, on file with the National Transportation Agency (hereinafter the Agency); and
IN THE MATTER OF an application by the Department of Transportation and Utilities of the Province of Alberta (hereinafter the applicant), pursuant to section 41 of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.), to amend Order No. 54034 to reflect a change in the cost apportionment responsibilities at the crossing.
File No. R 8050/730-093.85
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 Municipal District of Lesser Slave River No. 124 has advised the Agency that it is now the road authority at the crossing and that it accepts the maintenance responsibility of the applicant as outlined in Order No. 54034;
AND WHEREAS the railway company has no objection to the change in road authority;
AND WHEREAS the Agency has reviewed the submissions filed, takes note of the agreement of the parties and has found pursuant to section 41 of the National Transportation Act, 1987, that there has been a change in the facts or circumstances pertaining to Order No. 54034 since it was issued.
NOW THEREFORE, IT IS ORDERED THAT:
Order No. 54034 of the Board of Railway Commissioners for Canada, dated March 3, 1937, is hereby amended:
a) by deleting, in the last paragraph of the order, "and maintain"; and
b) by adding the following clause:
"The cost of maintaining the crossing shall be paid by the Municipal District of Lesser Slave River No. 124."
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