Order No. 1992-R-64
February 27, 1992
IN THE MATTER OF an application by GCG Dillon Consulting Limited, on behalf of the County of Strathcona No. 20 (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:
a) permanently divert the "highway", namely Township Road 520, where it crosses at grade the track of the Canadian National Railway Company (hereinafter the railway company), at mileage 238.66 Wainwright Subdivision, between the northwest quarter of Section 32, Township 51 and the southwest quarter of Section 5, Township 52, Range 20;
b) close the existing crossing at mileage 238.66 Wainwright Subdivision; and
c) relocate the "highway", namely Range Road No. 205, where it crosses at grade the track of the railway company at mileage 238.83 Wainwright Subdivision, between the southeast quarter of Section 6 and the southwest quarter of Section 5, Township 52, Range 20, and to reconstruct it at grade across the right-of-way and track of the railway company at mileage 238.77 Wainwright Subdivision, in the southwest quarter of Section 5, Township 52, Range 20;
all west of the Fourth Meridian, in the County of Strathcona No. 20, in the Province of Alberta, as shown on Drawing No. S.H. 630:02-07 revised October 30, 1991 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).
File No. R8050/709-238.77
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 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.
- When the highway crossing has been opened for use by the public, the railway company shall close the existing crossings.
- The cost of relocating, reconstructing and maintaining the crossing shall be paid by the railway company.
- The cost of reconstructing and maintaining the highway approaches to the crossing shall be paid by the applicant.
- The cost of closing the existing crossings 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. 1992-R-10 dated January 17, 1992, or its replacement, for any construction and maintenance work carried out by the railway company pursuant to this Order.