Order No. 1991-P-445

August 23, 1991

August 23, 1991

IN THE MATTER OF an application by Boise Cascade Canada Limited (hereinafter the applicant) pursuant to subsection 244(2) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987) for leave to open a minor commodity pipeline to transport "slush pulp" from the mill of the applicant at Fort Frances, Ontario, Canada over the Rainy River and across the International Boundary to the Boise Cascade Corporation mill at International Falls, Minnesota, United States of America.

File No. M 4120-B1


WHEREAS the applicant has applied to the National Transportation Agency (hereinafter the Agency) pursuant to subsection 232(1) of the NTA, 1987 for a permit that would authorize it to construct and operate a minor commodity pipeline;

AND WHEREAS a permit authorizing the construction and operation of the minor commodity pipeline was granted to the applicant by the Minister of Transport on November 9, 1990, pursuant to subsection 232(1) of the NTA, 1987;

AND WHEREAS the minor commodity pipeline has been operating without the applicant having obtained leave to open from the Agency pursuant to subsection 244(2) of the NTA, 1987;

AND WHEREAS the applicant has submitted to the Agency an affidavit of its professional engineers attesting that the minor commodity pipeline has been constructed in accordance with the details and specifications contained in its application to the Agency;

AND WHEREAS a site inspection of the minor commodity pipeline was conducted and the Agency is satisfied that all the terms and conditions of the permit granted in respect of the said minor commodity pipeline, relating to its construction have been complied with pursuant to subsection 244(2) of the NTA, 1987;

AND WHEREAS the Agency has reviewed the submissions filed and, pursuant to subsection 44(3) of the NTA, 1987, approves the work conducted with respect to the minor commodity pipeline.

NOW THEREFORE, IT IS ORDERED THAT:

The applicant is hereby granted leave to open the minor commodity pipeline.

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