Order No. 1995-R-501

December 8, 1995

December 8, 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 201 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3 for authority to construct a "highway", namely Provincial Road 332, at grade across the right-of-way and tracks of Canadian Pacific Limited (hereinafter the railway company), at mileage 53.52 La Rivière Subdivision, at Rosenfeld in the rural municipality of Rhineland, in the province of Manitoba, as shown on Plan No. 6604 dated April 25, 1995 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/121-053.52

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 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 constructing and maintaining the crossing shall be paid by the applicant.
  3. The cost of constructing 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 dated 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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