Order No. 1995-R-473
November 22, 1995
IN THE MATTER OF an application by Saskatchewan Telecommunications (hereinafter the applicant) for:
- an order pursuant to section 326 of the Railway Act, R.S.C., 1985, c. R-3 and subsection 6(2) of the Wire Crossings and Proximities Regulations, General Order No. E-11, C.R.C., c. 1195, granting leave to the applicant to construct and maintain an additional buried cable consisting of fiber optic communication lines across and under the right-of-way and track of Canadian Pacific Limited (hereinafter the railway company), at mileage 102.2 Broadview Subdivision, in the town of Wapella, in the province of Saskatchewan, subject to the terms and conditions specified in the document entitled "Agreement for the Placing of Telecommunications Lines Across Railway Lands" (hereinafter the proposed Agreement);
- an interim order pursuant to section 40 of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987), granting leave to the applicant to unconditionally construct and maintain the above-referenced buried cable crossing pending the final determination of the National Transportation Agency (hereinafter the Agency) on the proposed Agreement; and
- an order pursuant to section 43 of the NTA, 1987 for the applicant's costs in this proceeding against the railway company.
File No. R 8050/023-102.40
WHEREAS pursuant to subsection 18(1) of the Canadian Environmental Assessment Act, 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 may grant the application and may order the extent to which, by whom, how, when, on what terms and conditions, and under what supervision, the proposed works may be executed;
AND WHEREAS the Agency has determined that sanctioning the proposed Agreement to which both parties are not signatories would not be a proper exercise of its quasi-judicial powers and, therefore, the request of the applicant is denied;
AND WHEREAS the Agency is in a position to address all elements of the application at this time, and therefore, an interim order pursuant to section 40 of the NTA, 1987 is not necessary;
AND WHEREAS with respect to the request by the applicant to have its costs in the proceeding assigned to the railway company, the Agency is of the opinion that costs should not be awarded in this instance;
AND WHEREAS the railway company has no objection to the construction and maintenance of a fibre optic cable crossing at this location pursuant to the terms and conditions of General Order No. E-11, at the expense of the applicant;
AND WHEREAS the Agency is of the opinion that the original agreement between the applicant and the railway company covering the existing buried cable crossing at this location has been terminated;
AND WHEREAS the Agency has reviewed the submissions filed.
NOW THEREFORE, IT IS ORDERED THAT:
- The applicant is authorized to construct and maintain, at its own expense, the additional buried cable crossing as shown on Drawing No. 4380 revised January 23, 1995.
- The applicant is authorized to maintain the existing buried cable crossing at its own expense.
- The work shall be carried out and maintained in compliance with the requirements of the Wire Crossings and Proximities Regulations, General Order No. E-11.
- The buried cable crossing shall be consistent with any requirements imposed by or under the Railway Safety Act, R.S.C., 1985, c. 32 (4th Supp.).
- Date modified: