Order No. 1995-R-500
December 8, 1995
IN THE MATTER OF an application by Canadian Pacific Limited (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 remove the "highway", namely the north-south road allowance, where it crosses at grade its track, at mileage 129.88 Indian Head Subdivision, in the rural municipality of Moose Jaw No. 161 (hereinafter the road authority), between the northwest quarter of section 29 and the northeast quarter of section 30, township 16, range 25, west of the second meridian, in the province of Saskatchewan, as shown on Plan No. SK021-95-03 dated January 17, 1995 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).
File No. R 8050/096-129.88
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 the road authority stated that it has no objection to the removal of the crossing at mileage 129.88 based on the installation of signals at the crossing located at mileage 128.83 of the Indian Head Subdivision and the agreement of the applicant to accept the road authority's cost for the installation of the said signals;
AND WHEREAS the applicant submitted that it has applied for a grant towards the cost of installing the signals at mileage 128.83 of the Indian Head Subdivision and that no contribution has been requested from the road authority towards the cost of installation;
AND WHEREAS the Agency has reviewed the submissions filed.
NOW THEREFORE, IT IS ORDERED THAT:
- The applicant is authorized to remove the crossing at mileage 129.88, as shown on the Plan.
- The cost of removing the crossing shall be paid by the applicant.