Order No. 1997-R-756

December 23, 1997

File No. R 8050/534-191.00

The application was filed with the National Transportation Agency (hereinafter the NTA).

On July 1, 1996, the Canada Transportation Act, S.C., 1996, c. 10 (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 Railway Act. This proceeding is included in the Order as a matter to be dealt with pursuant to the provisions of the Railway Act.

Pursuant to subsection 18(1) of the Canadian Environmental Assessment Act, 1992, C. 37 (hereinafter the CEAA), the project has been screened and a screening report prepared.

The Agency is of the opinion that public participation in the screening of the project under subsection 18(3) of the CEAA is not required in the circumstances. After taking into consideration the screening report, the Agency determines that the project is not likely to cause significant adverse environmental effects.

The Agency shall ensure that an order issued under subsection 216(2) of the Railway Act is consistent with any requirements imposed by or under the Railway Safety Act, R.S.C., 1985, c. 32 (4th Supp.).

The applicant filed the necessary documentation proving that he owns the land on each side of the railway company right-of-way, namely Lot 190-B and part of Lot 190-A.

The railway company states that it has found no evidence of a crossing reservation and has not found, from the information filed by the applicant, that the applicant is the owner of the property bisected by the railway right-of-way.

The Agency has considered the submissions filed and is satisfied that the applicant is the owner of the land on both sides of the railway company right-of-way, namely Lot 190-B and part of Lot 190-A, and that a crossing is necessary for the proper enjoyment of the landowner's land pursuant to section 216 of the Railway Act.

Accordingly, the Agency hereby orders the railway company to carry out the work as shown on the Plan which shall be consistent with any requirements imposed by or under the Railway Safety Act.

It is also ordered that the cost of constructing and maintaining the farm crossing and the approaches to the crossing shall be paid by the applicant.

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-16 dated January 24, 1995, or its replacement, for any construction and maintenance work carried out by the railway company pursuant to this Order.