Case No. 14-06066 INTRODUCTION [1] On November 27, 2014, the City filed an application with the Canadian Transportation Agency (Agency) pursuant to subsection 101(3) of the CTA, for authority to construct and maintain a storm sewer and a storm water diversion system at milcage 3.95 of the Fraser Valley Subdivision, of the Southern Railway of British Columbia Limited (SRY), in the municipality of the corporation of Delta (Delta), in the province of British Columbia (Province). The Fraser Valley Subdivision is a corridor between New Westminster and Chilliwack, British Columbia, a portion of which has been licensed to SRY for the operation of its railway until 2064. The land on this corridor is owned in fee simple by British Columbia Hydro and Power Authority (BC Hydro) The storm sewer and storm water diversion system would be constructed under and adjacent to the railway operated by SRY, partly on land owned by Delta, but mostly on land owned by BC Hydro. This is shown on the drawing dated September 17, 2015 and attached as Exhibit F to BC Hydro's answer to the application (BC Hydro drawing). [2] [3] Hydro's answer to the application (BC Hydro drawing). In 1988, the Province adopted legislation to privatize the operation of the railway. Pursuant to that legislation, BC Hydro was permitted to, and did, transfer the authority to operate the line of railway to SRY, transfer the ownership of its railway assets to SRY and retain ownership of the former railway right of way lands on which the line of railway had been operated. In 2006, the Province adopted the crossing provisions of the CTA as part of its provincial legislation and the Agency has been delegated the authority to administer these crossing provisions. As such, the Agency has jurisdiction to determine crossing applications involving provincially-regulated railway companies within the Province, including SRY. [4] [5] Delta has consented to the construction and maintenance of the storm sewer and storm water diversion system on its lands; however, the City was unable to negotiate agreements with SRY or BC Hydro [ Un January 22, 2015, the City filed a request to add BC Hydro as a respondent and amend its application. In Decision No. LET-R-57-2015, the Agency granted the City's request on the basis that the City had sufficiently demonstrated that BC Hydro may potentially be bound by an Agency order. [7] (81 While none of the parties dispute the Agency's jurisdiction to determine this application, at issue is whether an Agency decision authorizing the construction of the storm sewer and the storm water diversion system would be binding on BC Hydro. For the reasons indicated in this Decision, the Agency finds that the proposed storm sewer and storm water diversion system at mileage 3.95 of SRY's Fraser Valley Subdivision is adequate and appropriate, and therefore suitable for the purposes for which it is intended. The Agency therefore authorizes the City to construct and maintain the utility crossing at its own expense. Furthermore, the Agency's Decision is final and binding on the parties including PL Case No. 14-06066 INTRODUCTION [1] On November 27, 2014, the City filed an application with the Canadian Transportation Agency (Agency) pursuant to subsection 101(3) of the CTA, for authority to construct and maintain a storm sewer and a storm water diversion system at milcage 3.95 of the Fraser Valley Subdivision, of the Southern Railway of British Columbia Limited (SRY), in the municipality of the corporation of Delta (Delta), in the province of British Columbia (Province). The Fraser Valley Subdivision is a corridor between New Westminster and Chilliwack, British Columbia, a portion of which has been licensed to SRY for the operation of its railway until 2064. The land on this corridor is owned in fee simple by British Columbia Hydro and Power Authority (BC Hydro) The storm sewer and storm water diversion system would be constructed under and adjacent to the railway operated by SRY, partly on land owned by Delta, but mostly on land owned by BC Hydro. This is shown on the drawing dated September 17, 2015 and attached as Exhibit F to BC Hydro's answer to the application (BC Hydro drawing). [2] [3] Hydro's answer to the application (BC Hydro drawing). In 1988, the Province adopted legislation to privatize the operation of the railway. Pursuant to that legislation, BC Hydro was permitted to, and did, transfer the authority to operate the line of railway to SRY, transfer the ownership of its railway assets to SRY and retain ownership of the former railway right of way lands on which the line of railway had been operated. In 2006, the Province adopted the crossing provisions of the CTA as part of its provincial legislation and the Agency has been delegated the authority to administer these crossing provisions. As such, the Agency has jurisdiction to determine crossing applications involving provincially-regulated railway companies within the Province, including SRY. [4] [5] Delta has consented to the construction and maintenance of the storm sewer and storm water diversion system on its lands; however, the City was unable to negotiate agreements with SRY or BC Hydro [ Un January 22, 2015, the City filed a request to add BC Hydro as a respondent and amend its application. In Decision No. LET-R-57-2015, the Agency granted the City's request on the basis that the City had sufficiently demonstrated that BC Hydro may potentially be bound by an Agency order. [7] (81 While none of the parties dispute the Agency's jurisdiction to determine this application, at issue is whether an Agency decision authorizing the construction of the storm sewer and the storm water diversion system would be binding on BC Hydro. For the reasons indicated in this Decision, the Agency finds that the proposed storm sewer and storm water diversion system at mileage 3.95 of SRY's Fraser Valley Subdivision is adequate and appropriate, and therefore suitable for the purposes for which it is intended. The Agency therefore authorizes the City to construct and maintain the utility crossing at its own expense. Furthermore, the Agency's Decision is final and binding on the parties including PL