Order No. 1996-R-461

October 31, 1996

October 31, 1996

IN THE MATTER OF an application by the Regional Municipality of Ottawa-Carleton (hereinafter the applicant) pursuant to section 202 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3 for authority to remove the level crossing of Moody Drive (Regional Road No. 10) and the joint trackage of the Canadian National Railway Company and the Canadian Pacific Railway Company (formerly Canadian Pacific Limited) (hereinafter the railway companies), at mileage 7.95 Carleton Place Subdivision, with headblock at mileage 11.70 Beachburg Subdivision, in the regional municipality of Ottawa-Carleton, in the city of Nepean, in the province of Ontario, as shown on Drawing No. SK-MD-3, Sheet 1 of 1 dated March 8, 1995, on file with the Canadian Transportation Agency; and

IN THE MATTER OF the continuance of the application in accordance with subsections 101(3) and (4) of the Canada Transportation Act, S.C., 1996, c. 10.

File No. R 8050/331-S07.95

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 determines that this matter should be dealt with pursuant to the provisions of subsections 101(3) and (4) 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 is of the opinion that public participation in the screening of the project under subsection 18(3) of the CEAA is not appropriate in the circumstances;

AND WHEREAS after taking into consideration the screening report, the Agency determines that the project is not likely to cause significant adverse environmental effects;

AND WHEREAS the Agency has reviewed the submissions filed.

NOW THEREFORE, IT IS ORDERED THAT:

  1. The applicant is authorized to remove the track material within the road crossing, remove the signal foundations and pave the crossing surface at its own expense.
  2. The railway companies shall, at their own expense, disconnect the power and remove the road crossing warning system.
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