Order No. 1996-R-459
October 29, 1996
IN THE MATTER OF an application by Edmonton Power Inc. doing business as Edmonton Power (hereinafter the applicant) for an order pursuant to section 326 of the Railway Act, R.S.C., 1985, c. R-3 and the Wire Crossings and Proximities Regulations (General Order No. E-11), C.R.C., c. 1195, granting leave to the applicant to reconstruct the existing aerial power line which runs along University Avenue, by burying it where it crosses the right-of-way and tracks of the Canadian Pacific Railway Company (hereinafter the railway company), formerly Canadian Pacific Limited, at mileage 0.86 North Edmonton Spur with headblock at mileage 96.57 Leduc Subdivision, in the city of Edmonton, in the province of Alberta, as shown on Drawing No. RRC-158, sheet 1, revised November 30, 1995 (hereinafter the Plan), on file with the Canadian Transportation Agency; and
IN THE MATTER OF the continuance of the application in accordance with subsection 101(3) of the Canada Transportation Act, S.C., 1996, c. 10.
File No. R 8050/122-S00.86
WHEREAS this application was filed with the National Transportation Agency (hereinafter the NTA);
AND WHEREAS on July 1, 1996, the Canada Transportation Act (hereinafter the CTA) came into effect. Pursuant to section 195 of the CTA and to the Discontinuance and Continuance of Proceedings Order, 1996, SOR/96-383, proceedings relating to certain matters before the NTA, prior to the coming into effect of section 195, shall be dealt with by the Canadian Transportation Agency (hereinafter the Agency), pursuant to the provisions of the CTA. This proceeding is included in the Order as a matter to be dealt with pursuant to the provisions of the CTA;
AND WHEREAS the Agency has determined that this matter should be dealt with pursuant to the provisions of subsection 101(3) of the CTA;
AND WHEREAS pursuant to subsection 18(1) of the Canadian Environmental Assessment Act, S.C., 1992, c. 37 (hereinafter the CEAA), the project has been screened and a screening report has been prepared;
AND WHEREAS the Agency has determined that consultation on the screening report under subsection 18(3) of the CEAA is not required in these circumstances;
AND WHEREAS after taking into consideration the screening report, the Agency hereby determines that the project is not likely to cause significant adverse environmental effects;
AND WHEREAS the applicant and the railway company were unable to conclude an agreement with respect to the facilities. The issues in dispute include compensation, duration and liability provisions;
AND WHEREAS the applicant has agreed to the installation, maintenance and operation of the facilities subject to the terms and conditions of the Wire Crossings and Proximities Regulations and the Joint Use of Poles Regulations;
AND WHEREAS the railway company does not object to the construction and maintenance of the facilities, subject to the terms of the relevant General Orders;
AND WHEREAS based on the submissions of the parties, the Agency is of the opinion that the parties have agreed to construct and maintain the aerial power line in accordance with the terms and conditions of the Wire Crossings and Proximites Regulations as they existed June 30, 1996;
AND WHEREAS the Agency has determined that compensation in the form of either annual or documentation fees to the railway company is not warranted as no real or appreciable damage to the lands of the railway company has been demonstrated;
AND WHEREAS the issuance of an order by the Agency authorizing the construction of a power line across and under the right-of-way of the railway company grants an easement at a specific location until such time as the Order is amended or rescinded by the Agency or its successor;
AND WHEREAS the Agency has reviewed the submissions filed.
NOW THEREFORE, IT IS ORDERED THAT:
- The applicant is authorized to reconstruct and maintain, at its own expense, the utility crossing as shown on the Plan.
- Date modified: