Decision No. 42-R-2018
APPLICATION by the Greater Vancouver Sewerage and Drainage District (District) against the Canadian National Railway Company (CN) and the British Columbia Railway Company (BCRC), pursuant to section 101(3) of the Canada Transportation Act, S.C., 1996, c. 10, as amended (CTA).
 The District filed an application with the Canadian Transportation Agency (Agency) for authority to construct and maintain a sewage forcemain (forcemain) and a wastewater effluent pipe (effluent pipe) under the railway line located at mileage 2.59 of the Squamish Subdivision in West Vancouver (crossing location). The railway line is owned by BCRC and operated by CN.
 CN consents to the order sought by the District, and BCRC indicated that it would not be filing an answer.
 The District is undertaking a major secondary sewage treatment upgrade program on the north shore of Burrard Inlet. The upgrade requires the construction of the new North Shore Wastewater Treatment Plant, which will replace the existing Lions Gate Wastewater Treatment Plant and provide secondary wastewater treatment to the same area. As part of this project, a new wastewater pump station will be located south of the railway line. The proposed forcemain will carry raw sewage north from the pump station, crossing the railway line, to the new treatment plant. An effluent pipe will carry treated effluent west from the treatment plant, then south across the railway line to an outfall.
 The District indicates that it has been unsuccessful in its negotiations of the utility crossing agreement with CN. During the course of the pleadings, however, CN consented to the Agency authorizing the construction of the utility crossing.
- Are the forcemain and the effluent pipe collectively a utility crossing as contemplated under section 100 of the CTA?
- If the forcemain and the effluent pipe constitute a utility crossing, should the Agency authorize its construction?
- If the Agency authorizes the crossing, what terms and conditions, if any, should be imposed?
 Pursuant to section 9 of the British Columbia Railway Safety Act, S.B.C. 2004, c. 8, the Province of British Columbia (Province) has adopted sections 99-103 of the CTA. Furthermore, pursuant to section 157.1 of the CTA, the Province entered into an administrative agreement whereby the administration of these provisions was delegated to the Agency.
 Subsection 101 (3) of the CTA states:
If a person is unsuccessful in negotiating an agreement or amendment mentioned in subsection (1), the Agency may, on application, authorize the construction of a suitable road crossing, utility crossing or related work, or specifying who shall maintain the crossing.
ARE THE FORCEMAIN AND THE EFFLUENT PIPE COLLECTIVELY A UTILITY CROSSING AS CONTEMPLATED UNDER SECTION 100 OF THE CTA?
 The District submits that the forcemain and the effluent pipe are a utility crossing because they are utility lines as defined under the CTA.
 CN does not dispute that the forcemain and the effluent pipe are a utility crossing as contemplated under section 100 of the CTA.
 Section 100 of the CTA defines a “utility crossing” as the part of a utility line that passes over or under a railway line, and includes a structure supporting or protecting that part of the utility line or facilitating the crossing, and a “utility line” as a wire, cable, pipeline or other like means of enabling the transmission of goods or energy or the provision of services.
 The proposed forcemain and effluent pipe form part of sewage utilities providing services, namely, sewage. The Agency therefore finds that the forcemain and the effluent pipe are a utility crossing as contemplated under section 100 of the CTA.
SHOULD THE AGENCY AUTHORIZE THE CONSTRUCTION OF THE UTILITY CROSSING?
 In support of the authorization of the utility crossing, the District explains that the forcemain and the effluent pipe are required for the continued provision of essential wastewater conveyance, treatment and disposal services for the businesses and approximately 200,000 residents. The District has agreed to construct and maintain the forcemain and the effluent pipe at its own cost, and CN provided its consent in respect of the Agency authorizing the construction of the utility crossing.
 Subsection 101(3) of the CTA states that the Agency may authorize a suitable utility crossing. The Agency finds that the forcemain and the effluent pipe are suitable for the purpose for which they are intended. The Agency therefore authorizes the District to construct and maintain the forcemain and the effluent pipe.
WHAT TERMS AND CONDITIONS, IF ANY, SHOULD BE IMPOSED?
 The District submits that a number of terms and conditions relating to the proposed crossing are in dispute with CN. However, in its answer, CN does not comment on these terms and conditions. Rather, CN provides its consent to the order sought by the District. CN adds that it makes no request for the Agency's order to impose additional terms on the authorization of the crossing.
 The Agency will therefore not address this matter further.
 Pursuant to subsection 101(3) of the CTA, the Agency authorizes the District , to construct and maintain, at its own expense, the forcemain and the effluent pipe under the railway line located at mileage 2.59 of the Squamish Subdivision in West Vancouver.