Order No. 1993-R-326
October 20, 1993
IN THE MATTER OF an application by the Canadian National Railway Company (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 construct an additional track at grade across the "highway", namely an east-west road allowance, at mileage 49.85 Blaine Lake Subdivision, between the northwest quarter of section 36, township 46 and the southeast quarter of section 1, township 47, range 6, west of the third meridian, in the village of Leask, in the province of Saskatchewan, as shown on Drawing No. 47-BL-26 dated August 6, 1993 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).
File No. R 8050/341-049.85
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.
- The cost of reconstructing and maintaining the crossing shall be paid by the applicant.
- The cost of reconstructing the highway approaches to the crossing shall be paid by the applicant.
- The cost of maintaining the highway approaches to the crossing shall be paid by the village of Leask.