Order No. 1998-R-753

December 7, 1998

File No. R 8050/248-094.41

Saskatchewan Telecommunications (hereinafter the applicant) filed with the Canadian Transportation Agency (hereinafter the Agency) the application set out in the title. The application was received on October 16, 1998.

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.

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The applicant has withdrawn its request to have its costs in the proceeding awarded against the railway company.

The Agency notes that the parties have agreed to construct and maintain the utility crossing in accordance with the Wire Crossings and Proximities Regulations, General Order No. E-11, C.R.C., c. 1195, as they existed June 30, 1996. However, the parties have not been able to conclude an agreement with respect to the issue of compensation.

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.

The Agency has reviewed the submissions filed and is of the opinion that the applicant should be authorized to construct the utility crossing as shown on the Plan.

Accordingly, pursuant to subsection 101(3) of the CTA, the applicant is authorized to construct and maintain, at its own expense, the utility crossing as shown on the Plan.