Order No. 1995-R-476

November 22, 1995

November 22, 1995

IN THE MATTER OF the construction by Canadian Pacific Limited, (hereinafter the applicant) of its relocated Leduc Subdivision at grade across Ellerslie Road, at mileage 90.63 Leduc Subdivision, in the city of Edmonton, in the province of Alberta, as shown on Drawing No. F044-1014 dated March 14, 1995 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/122-090.63


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 effect;

AND WHEREAS the work has been carried out without an order of the Agency pursuant to sections 200, 201 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3;

AND WHEREAS the applicant has filed confirmation that the work has been carried out in accordance with the Plan. In addition, the applicant has agreed to pay for the cost of constructing the crossing and the approaches to the crossing. However, with respect to the cost of maintenance, the applicant requested that this matter be deferred for further consideration and order by the Agency;

AND WHEREAS the City of Edmonton has no objection to the work that has been carried out and has agreed to the request of the applicant that a separate order be issued by the Agency to determine the apportionment of maintenance costs of the crossing;

AND WHEREAS the Agency has reviewed the submissions filed, takes note of the agreement of the parties and is of the opinion that the work should be approved pursuant to subsection 44(3) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.).

NOW THEREFORE, IT IS ORDERED THAT:

  1. The work is approved.
  2. The cost of constructing the crossing and the approaches to the crossing shall be paid by the applicant.
  3. The apportionment of the cost of maintaining the crossing and the approaches to the crossing is reserved for future determination of the Agency.
  4. The applicant 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 dated February 6, 1995, or its replacement, for any construction and maintenance work carried out by it pursuant to this Order.
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