Order No. 1995-R-384

September 14, 1995

September 14, 1995

IN THE MATTER OF an application by the Department of Highways and Transportation of the Province of Manitoba (hereinafter the applicant) pursuant to section 202 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3 for authority to reconstruct the "highway", namely Provincial Trunk Highway No. 16, by widening it where it crosses at grade the tracks of Canadian Pacific Limited (hereinafter the railway company), at mileage 91.25 Bredenbury Subdivision, between section 6, township 21 and section 31, township 20, range 29, west of the principal meridian, in the rural municipality of Russell, in the province of Manitoba, as shown on revised Plan No. 6607 stamp dated July 12, 1995 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/022-091.25

WHEREAS pursuant to subsection 18(1) of the Canadian Environmental Assessment Act, S.C., 1992, c. 37 the project has been screened and a screening report has been prepared;

AND WHEREAS after taking into consideration the screening report, the Agency has determined that the project is not likely to cause significant adverse environmental effects;

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 carry out the work as shown on the Plan.
  2. The cost of reconstructing and maintaining the crossing shall be paid by the applicant.
  3. The cost of reconstructing and maintaining the highway approaches to the crossing shall be paid by the applicant.
  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. 1995-R-28 February 6, 1995, or its replacement, for any construction and maintenance work carried out by the railway company pursuant to this Order.
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