Order No. 1995-R-148
April 18, 1995
IN THE MATTER OF Order No. 36434 of the Board of Railway Commissioners for Canada, dated June 5, 1925, which authorized the Department of Public Works in the Government of the Province of British Columbia to construct a highway crossing over the tracks of Canadian Pacific Limited (formerly the Kootenay Central Railway) (hereinafter the railway company), at mileage 119.64 Windermere Subdivision (formerly mileage 143.77), at Parson, British Columbia, as shown on the plan and profile dated July 16th, 1924, on file with the National Transportation Agency (hereinafter the Agency); and
IN THE MATTER OF an application by the Ministry of Transportation and Highways of the Province of British Columbia (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. 36434 to reflect a change in the cost apportionment responsibilities at the crossing.
File No. R 8050/287-119.64
WHEREAS the National Transportation Agency (hereinafter 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 Ministry of Forests of the Province of British Columbia has advised the Agency that it is now the road authority at the crossing and accepts the maintenance responsibility of the applicant as outlined in Order No. 36434;
AND WHEREAS the location of the crossing is now mileage 119.64 Windermere Subdivision;
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. 36434 since it was issued.
NOW THEREFORE, IT IS ORDERED THAT:
Order No. 36434 of the Board of Railway Commissioners for Canada, dated June 5, 1925, is hereby amended:
a) by removing, in the body of the Order the words "and maintain"; and
b) by adding the following clause:
"The cost of maintaining the crossing and highway approaches to the crossing at mileage 119.64 Windermere Subdivision shall be paid by the Ministry of Forests of the Province of British Columbia".
- Date modified: