Order No. 1996-R-114
March 14, 1996
IN THE MATTER OF the construction of a natural gas pipeline by Gaz Métropolitain (hereinafter the applicant) across and under the track of Canadian Pacific Limited (hereinafter the railway company) at mileage 21,60 St. Maurice Valley Subdivision, in the city of Shawinigan, in the province of Quebec, as shown on Drawing No. MC-95-0375 revised August 4, 1995 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).
File No. R 8050/217-021.60
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 subsection 17(11) of these Regulations;
AND WHEREAS the work has been carried out without an order of the Agency pursuant to section 212 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3;
AND WHEREAS the applicant has filed the Plan showing details of the work that has been carried out;
AND WHEREAS the railway company has no objection to the work that has been carried out;
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. 2 (4th Supp.);
AND WHEREAS the Agency has reviewed the submissions filed and takes note of the agreement of the parties and is of the opinion that the work should be approved pursuant to subsection 44(3) of the National Transportation Act, 1987, R.S.C., c. 28 (3rd Supp.).
NOW THEREFORE, IT IS ORDERED THAT:
- The work is approved.
- The pipeline crossing shall be consistent with any requirements imposed by or under the Railway Safety Act.
- The cost of constructing and maintaining the pipeline crossing shall be paid by the applicant.
- 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. 1996-R-11 dated January 12, 1996, or its replacement, for any construction and maintenance work carried out by the railway company pursuant to this Order.