Order No. 1995-R-67

February 28, 1995

File No. R 8050/264-004.81

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 by clauses 1 and 5 of Order No. R-25456, the applicant was authorized to construct and maintain, at its own expense, Burnett Road at grade across the right-of-way and track of the railway company and to pay the costs of installation, maintenance and operation of the protective devices.

AND WHEREAS the applicant submitted a copy of the letters patent proclaiming the Town of View Royal on December 5, 1988 and additional information outlining the highway maintenance responsibility of the municipality upon incorporation;

AND WHEREAS the Town of View Royal submits that the highway crossing must remain the responsibility of the applicant;

AND WHEREAS the Agency notes that the Town of View Royal does not dispute being the road authority at this location;

AND WHEREAS the railway company has no objection to the change in road authority;

AND WHEREAS the Agency can see no reason to vary the apportionment of maintenance costs set out in Order No. R-25456 between the road authority and the railway company;

AND WHEREAS the Agency is of the opinion that as the Town of View Royal is now the road authority it should be required to maintain Burnett Road at grade across the right-of-way and track of the railway company and to pay for the cost of maintenance of the said protection as identified in Order No. R-25456;

AND WHEREAS the Agency has reviewed the submissions filed and has found, pursuant to section 41 of the National Transportation Act, 1987, that there has been a change in the facts or circumstances pertaining to Order No. R-25456 since it was issued.

NOW THEREFORE, IT IS ORDERED THAT:

Order No. R-25456 of the Canadian Transport Commission dated September 20, 1977 is hereby amended:

a) by deleting "and maintain" from clause 1;

b) by deleting "maintenance and operation" from clause 5; and

c) by adding the following clause:

"6. The cost of maintaining the crossing and the cost of maintaining and operating the said protection shall be paid by the Town of View Royal."