Order No. 1996-R-162
April 24, 1996
IN THE MATTER OF an application by the Ministry of Transportation and Highways of the Province of British Columbia (hereinafter the applicant) pursuant to section 201 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3 for authority to construct a "highway", namely Fredrickson Road, at grade across the right-of-way and track of Canadian Pacific Limited (hereinafter the railway company) at mileage 81.80 Shuswap Subdivision, near Sorrento, in the province of British Columbia, as shown on Drawing No. CP-SHU-081.82-A revised December 6, 1995 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).
File No. R 8050/228-081.80
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 Agency has reviewed the submissions filed and takes note of the agreement of the parties.
NOW THEREFORE, IT IS ORDERED THAT:
- The applicant is authorized to carry out the work as shown on the Plan.
- The cost of constructing the crossing and the highway approaches to the crossing including the cost of altering the communication pole lines, shall be paid by the applicant.
- The cost of maintaining the crossing and the highway approaches to the 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.