Order No. 1992-R-387
November 3, 1992
IN THE MATTER OF an application by the Department of Highways and Transportation of the Province of Manitoba (hereinafter the applicant), on behalf of the Rural Municipality of Strathclair, pursuant to section 202 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3 for authority to relocate the "highway", namely a municipal road, where it crosses at grade the track of Canadian Pacific Limited (hereinafter the railway company), at mileage 24.50 Bredenbury Subdivision, and to reconstruct it at grade across the right-of-way and track of the railway company at mileage 24.61 Bredenbury Subdivision, in Section 29, Township 16, Range 21, west of the Principal Meridian, in the Rural Municipality of Strathclair, in the Province of Manitoba, as shown on Plan No. 6511 revised April 1, 1992 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).
File No. R 8050/022-024.61
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 mitigable with known technology;
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 is authorized to carry out the work as shown on the Plan.
- The work shall be carried out and maintained in compliance with the requirements of the Agency respecting highway crossings.
- The work shall be carried out and maintained in accordance with sound environmental practice.
- The applicant shall implement the mitigative measures, practices and procedures for the protection of the environment as set out in its application and related filings and shall cause no variation in these mitigative measures, practices and procedures without the prior approval of the Agency.
- The applicant shall, both during and following the construction, monitor the effects on the environment, evaluate the success of the mitigative measures and, upon completion of the project, file with the Agency a letter including photographs indicating any environmental effect arising from the construction and an evaluation of the success of the mitigative measures implemented.
- When the highway crossing has been opened for use by the public, the railway company shall close the existing crossing.
- The cost of relocating and reconstructing the crossing and the highway approaches to the crossing and the cost of closing the existing highway crossing shall be paid by the applicant.
- The cost of maintaining the crossing shall be paid by the railway company.
- The cost of maintaining the highway approaches to the crossing shall be paid by the Rural Municipality of Strathclair.
- 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. 1992-R-9 dated January 16, 1992, or its replacement, for any construction and maintenance work carried out by the railway company pursuant to this Order.