Order No. 1996-R-510
December 11, 1996
IN THE MATTER OF an application by Saskatchewan Telecommunications (hereinafter the applicant) for:
- an order pursuant to subsection 101(3) of the Canada Transportation Act, S.C., 1996, c. 10 granting leave to the applicant to construct and maintain a buried cable consisting of communication lines across and under the right-of-way and track of the Canadian Pacific Railway Company (hereinafter the railway company), at mileage 101.84 Weyburn Subdivision, in the rural municipality of Griffin No. 66, in the province of Saskatchewan, as shown on Drawing No. 4231 dated October 10, 1996 (hereinafter the Plan), on file with the Canadian Transportation Agency; and
- an order pursuant to section 25.1 of the Canada Transportation Act for the applicant's costs in this proceeding against the railway company.
File No. R 8050/120-101.80
WHEREAS pursuant to subsection 18(1) of the Canadian Environmental Assessment Act, S.C., 1992, c. 37 (hereinafter the CEAA), the project has been screened and a screening report has been prepared;
AND WHEREAS the Agency is of the opinion that public participation in the screening of the project under subsection 18(3) of the CEAA is not required in the circumstances;
AND WHEREAS after taking into consideration the screening report, the Agency determines that the project is not likely to cause significant adverse environmental effects;
AND WHEREAS the applicant has withdrawn its request to have its costs in the proceeding assigned to the railway company;
AND WHEREAS after reviewing the positions of the parties, the Agency is of the opinion that the parties have agreed to construct and maintain the utility crossing in accordance with the Wire Crossings and Proximities Regulations as they existed on June 30, 1996. However, the parties have not been able to conclude an agreement with respect to the issue of compensation;
AND WHEREAS the Agency has determined that compensation in the form of either annual or documentation fees to the railway company is not warranted as no real or appreciable damage to the lands of the railway company has been demonstrated;
AND WHEREAS the Agency has reviewed the submissions filed.
NOW THEREFORE, IT IS ORDERED THAT:
The applicant is authorized to construct and maintain, at its own expense, the utility crossing as shown on the Plan.