Order No. 1995-R-156
April 19, 1995
IN THE MATTER OF Order No. 83031 of the Board of Transport Commissioners for Canada, dated January 28, 1954, which authorized the relocation of the automatic signals from the crossing of the railway of Canadian Pacific Limited (hereinafter the railway company) and Arcand Road, in the municipality of the parish of Deschambault, county of Portneuf, in the province of Quebec, to the crossing of Sainte-Anne Street (formerly Montée de l'Enseigne) and the railway company, in the municipality of the village of La Perade, county of Champlain, in the province of Quebec, at mileage 107.01 Trois-Rivières Subdivision (formerly Quebec Subdivision); and
IN THE MATTER OF an application by the Ministry of Transportation of the Province of Quebec (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. 83031 to reflect a change in the cost apportionment responsibilities at the crossing.
File No. R 8050/252-107.01
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 by Clause 3 of Order No. 83031, 50 percent of the cost of maintenance and operation of the said automatic protection was to be paid by the applicant;
AND WHEREAS the applicant submitted a copy of the Gazette officielle du Québec dated August 9, 1986, indicating that the Sainte-Anne Street would no longer be maintained by the applicant;
AND WHEREAS the Municipality of Sainte-Anne-de-la-Pérade refuses to pay for the cost of maintenance or operation at the level crossing;
AND WHEREAS the Agency notes that the Municipality of Sainte-Anne-de-la-Pérade does not dispute being the road authority at this location;
AND WHEREAS the railway company has no objection to the change in road authority;
AND WHEREAS the Agency can see no reason to vary the apportionment of maintainance costs set out in Order No. 83031 between the road authority and the railway company;
AND WHEREAS the Agency is of the opinion that as the Municipality of Sainte-Anne-de-la-Pérade is now the road authority it should be responsible for the maintenance responsibility of the applicant as identified in Order No. 83031;
AND WHEREAS the Agency has reviewed the submissions filed 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. 83031 since it was issued.
NOW THEREFORE, IT IS ORDERED THAT:
Order No. 83031 of the Board of Transport Commissioners for Canada, dated January 28, 1954, is hereby amended:
a)by deleting, in Clause 3, "as well as the cost of maintenance and operation"; and
b)by adding the following clause:
" 4. The costs of maintaining and operating the said automatic protection shall be paid in equal amounts by the Municipality of Sainte-Anne-de-la-Pérade and the railway company."
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