Order No. 1995-P-503

December 8, 1995

December 8, 1995

IN THE MATTER OF an application by Consumer Gas (hereinafter the applicant) pursuant to section 212 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3 for authority to construct a 10.16 centimetre (4 inch) gas main pipeline in a 15.24 centimetre (6 inch) casing across the track of Canadian Pacific Limited (hereinafter the railway company), at mileage 42.71 Hamilton Subdivision, along the north side of Mud Road (Regional Road No. 73), in the town of Grimsby, in the regional municipality of Niagara, in the province of Ontario, as shown on Drawing No. 80-7500-95 sheet 4 of 4 dated August 23, 1995 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/275-022.76


WHEREAS pursuant to subsection 18(1) of the Canadian Environmental Assessment Act, S.C., 1992, c. 37 the project has been screened and a screening report has been prepared;

AND WHEREAS after taking into consideration the screening report, the Agency has determined that the project is not likely to cause significant adverse environmental effects;

AND WHEREAS an order of the Agency is not required when a pipe is laid or maintained under the railway in accordance with the requirements of the Pipe Crossings Under Railways Regulations, C.R.C. 1978, c. 1187;

AND WHEREAS the pipe is inconsistent with the provisions of paragraph 17(10) of these regulations;

AND WHEREAS the Agency shall ensure that any permission or requirement that it issues pursuant to section 212 of the Railway Act is consistent with any requirements imposed by or under the Railway Safety Act, R.S.C., 1985, c. 32 (4th Supp.);

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 construct and maintain, at its own expense, the pipeline crossing, as shown on the Plan.
  2. The pipeline crossing shall be consistent with any requirements imposed by or under the Railway Safety Act.
  3. 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. 1995-R-28 dated February 6, 1995 or its replacement, for any construction and maintenance work carried out by the railway company pursuant to this Order.
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