Order No. 1993-R-43
February 9, 1993
IN THE MATTER OF an application by the Canadian National Railway Company (hereinafter the applicant) pursuant to section 197 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3 for authority:
a) to cross over the track of Canadian Pacific Limited (hereinafter the railway company) at mileage 7.52 Westminster Subdivision of the railway company; and
b) to operate trains on the track of the applicant over the railway crossing,
at mileage 118.91 Yale Subdivision of the applicant, in the City of New Westminster, in the Province of British Columbia, as shown on Drawing No. AA553-118.70-10.1, Revision No. 2 dated July 16, 1992 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).
File No. R 8050/722-118.91
WHEREAS the Fraser River Bridge is owned by Public Works Canada;
AND WHEREAS the management and operation of the Fraser River Bridge was entrusted to the applicant by Order-in-Council No. P.C. 1992- 7/728 dated April 9, 1992;
AND WHEREAS following the entrustment of the Fraser River Bridge to the applicant, the track of the applicant has been carried across and over the track of the railway company without an order of the Agency pursuant to subsection 197(1) and all other relevant sections of the Railway Act;
AND WHEREAS trains have been operated on the track of the applicant over the railway crossing without an order of the Agency pursuant to subsection 197(4) and all other relevant sections of the Railway Act;
AND 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 railway company notes that the overhead clearance provided over its track is less than standard but acceptable if, in the event that a greater overhead clearance is needed, the applicant be required, at its own expense, to provide up to the standard of twenty-three (23) feet;
AND WHEREAS the applicant considers that it should not have any further obligation towards providing additional clearance for the railway company;
AND WHEREAS the Agency is satisfied that the provided overhead clearance satisfies present day needs and that it can only render a decision based on the facts of an application before it and not on the possibility of speculated future projects;
AND WHEREAS the Agency has reviewed the submissions filed and is of the opinion that the railway crossing and the operation of trains over the railway crossing should be approved pursuant to subsection 44(3) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.).
NOW THEREFORE, IT IS ORDERED THAT:
- The railway crossing over the track of the railway company is approved.
- The operation of trains on the track of the applicant over the railway crossing is approved.
- The work shall be maintained in accordance with sound environmental practice.