Order No. 1993-R-357

December 22, 1993

November 22, 1993

IN THE MATTER OF an application by the Department of Highways and Transportation of the Province of Manitoba (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 Provincial Trunk Highway No. 110, by realigning and widening it where it crosses at grade the track of Canadian Pacific Limited (hereinafter the railway company), at mileage 0.10 Transfer Track off mileage 2.51 Brandon South Industrial Spur, with headblock at mileage 131.86 Carberry Subdivision, in the northwest quarter of section 16, township 10, range 18, west of the principal meridian, in the rural municipality of Cornwallis, in the province of Manitoba, as shown on Plan No. 6551 dated June 7, 1993 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/035-S00.10


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:

  1. The applicant is authorized to carry out the work as shown on the Plan.
  2. The work shall be carried out and maintained in compliance with the requirements of the Agency respecting highway crossings.
  3. The work shall be carried out and maintained in accordance with sound environmental practice.
  4. The cost of reconstructing the crossing and the highway approaches to the crossing shall be paid by the applicant.
  5. The cost of maintaining the crossing shall be paid by the railway company.
  6. The cost of maintaining the highway approaches to the crossing shall be paid by the applicant.
  7. 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. 1993-R-4 dated January 6, 1993, or its replacement, for any construction and maintenance work carried out by the railway company pursuant to this Order.

December 22, 1993

Order No. 1993-R-357 dated November 22, 1993 - Canadian Pacific Limited.

File No. R 8050/035-S00.10

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