Order No. 1991-R-397
July 31, 1991
IN THE MATTER OF an application by the City of Lethbridge (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 reconstruct the "highway", namely 43rd Street, by widening and realigning it where it crosses at grade the track of Canadian Pacific Limited (hereinafter the railway company), at mileage 105.79 Taber Subdivision, in the City of Lethbridge, in the Province of Alberta, as shown on Drawing Nos. PM-11 revised June 1991 and P-12 dated May 1991 (hereinafter the Plans), on file with the National Transportation Agency (hereinafter the Agency).
File No. R 8050/243-105.79
WHEREAS the Agency has performed an environmental screening of the proposal pursuant to section 10 of the Environmental Assessment and Review Process Guidelines Order, SOR/84-467 (hereinafter the EARP Guidelines Order);
AND WHEREAS the Agency has determined, pursuant to paragraph 12(c) of the EARP Guidelines Order, that the potentially adverse environmental effects that may be caused by the proposal are insignificant;
AND WHEREAS the Agency has reviewed the submissions filed and takes note of the agreement of the parties.
NOW THEREFORE, IT IS ORDERED THAT:
- The applicant and the railway company are authorized to carry out the work as shown on the Plans.
- The work shall be carried out and maintained in compliance with the requirements of the Agency respecting highway crossings.
- The cost of reconstructing the crossing and the highway approaches to the crossing shall be paid by the applicant.
- Seventy percent of the cost of maintaining the crossing shall be paid by the applicant and the balance of the said cost shall be paid by the railway company.
- The cost of maintaining the highway 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. 1991-R-56, dated February 4, 1991, or its replacement, for any construction and maintenance work carried out by the railway company under this Order.