Order No. 1995-R-24
February 3, 1995
IN THE MATTER OF Order No. 109092 of the Board of Transport Commissioners for Canada, dated September 27, 1962, which authorized the Canadian National Railway Company (hereinafter the railway company) to construct the main track of the Great Slave Lake Railway at grade across the East and West Government Road between the northwest quarter of section 21, township 90, range 23, west of the fifth meridian, and the southwest quarter of section 28, township 90, range 23, west of the fifth meridian, in the province of Alberta, at mileage 50.23 Manning Subdivision, as shown on Plan No. 1-400-19 dated July 28, 1962, 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 reflect a change in road authority at this location.
File No. R 8050/537-050.23
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 has been advised by the applicant that the road authority at the highway crossing is now Improvement District No. 22;
AND WHEREAS Improvement District No. 22 has advised the Agency that it is now the road authority at the crossing;
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. 109092 since it was issued.
NOW THEREFORE, IT IS ORDERED THAT:
Order No. 109092 of the Board of Transport Commissioners for Canada, dated September 27, 1962, is hereby amended by adding the following clause:
"3. The cost of maintaining the highway approaches to the crossing shall be paid by the Improvement District No. 22".
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