Order No. 1995-R-430
October 12, 1995
IN THE MATTER OF Order No. 1990-R-715 of the National Transportation Agency (hereinafter the Agency) dated December 11, 1990, which authorized the Department of Alberta Transportation and Utilities to construct a "highway", namely a local road, at grade across the right-of-way and track of the Canadian National Railway Company (hereinafter the railway company), at mileage 192.31 Meander River Subdivision, between the northeast quarter of section 8 and the southeast quarter of section 17, township 111, range 19, west of the fifth meridian, north of High Level, in the province of Alberta, as shown on Plan No. 35:16-7 dated October 4, 1990 on file with 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.) (hereinafter the NTA, 1987), to amend Order No. 1990-R-715 to reflect a change in road authority and the cost apportionment responsibilities at the crossing.
File No. R 8050/543-192.31
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 Improvement District of Mackenzie No. 23 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. 1990-R-715;
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 NTA, 1987, that there has been a change in the facts or circumstances pertaining to Order No. 1990-R-715 since it was issued.
NOW THEREFORE, IT IS ORDERED THAT:
Order No. 1990-R-715 of the Agency dated December 11, 1990 is hereby amended by deleting the words "and maintaining" from Clause 3; and adding the following clause:
"5. The cost of maintaining the crossing and the highway approaches to the crossing shall be paid by the Improvement District of Mackenzie No. 23."
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