Order No. 1991-R-291

June 4, 1991

June 4, 1991

IN THE MATTER OF an application by Gamsby and Mannerow Limited, on behalf of the Corporation of the City of Guelph (hereinafter the applicant), pursuant to section 202 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3 for authority to reconstruct the overhead footbridge carrying the "highway", namely Heffernan Street, across and over the tracks of Canadian Pacific Limited (hereinafter the railway company), at mileage 31.45 Goderich Subdivision, in the City of Guelph, in the Province of Ontario, as shown on Drawing No. 1 dated November 29, 1990 and No. A1 dated October, 1990 (hereinafter the Plans), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/082-031.45


WHEREAS the Agency has reviewed the submissions filed;

AND WHEREAS the Agency has performed an environmental screening of the proposal pursuant to section 10 of the Environmental Assessment and Review Process Guidelines Order, SOR/84-467 (hereinafter the EARP Guidelines Order);

AND WHEREAS the Agency has determined, pursuant to paragraph 12(c) of the EARP Guidelines Order, that there are no potentially adverse environmental effects arising from the proposal.

NOW THEREFORE, IT IS ORDERED THAT:

  1. The applicant is authorized to reconstruct the overhead footbridge, as shown on the Plans.
  2. The overhead footbridge shall be reconstructed and maintained in compliance with the requirements of the Agency respecting highway crossings.
  3. The cost of removing the existing overhead footbridge shall be paid by the applicant.
  4. The cost of reconstructing and maintaining the overhead footbridge shall be paid by the applicant.
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