Order No. 1991-R-381

July 19, 1991

July 19, 1991

IN THE MATTER OF an application by the Canadian National Railway Company 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 subway carrying the "highway", namely Elgin Street, across and under its tracks, at mileage 22.44 Dundas Subdivision, in the City of Brantford, in the County of Brant, in the Province of Ontario, as shown on Drawing No. AA912-22.44-1.1 revised April 15, 1991, on file with the National Transportation Agency.

File No. R 8050/415-022.44

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;

AND WHEREAS the Agency has determined, pursuant to paragraph 12(c) of the EARP Guidelines Order, that the potentially adverse environmental effects that may be caused by the proposal are insignificant;

AND WHEREAS the Agency has reviewed the submissions filed and takes note of the agreement of the parties.

NOW THEREFORE, IT IS ORDERED THAT:

  1. The applicant is authorized to reconstruct the subway, as shown on the Plan.
  2. The subway shall be reconstructed and maintained in compliance with the requirements of the Agency respecting highway crossings.
  3. Detailed plans shall be submitted to, and approved by, an Engineer of the Agency before construction is commenced.
  4. The cost of reconstructing the subway shall be paid by the applicant.
  5. The cost of maintaining the substructure and the superstructure of the subway shall be paid by the applicant and all other costs of maintaining the subway including the cost of maintaining the highway surface, sidewalks, highway approaches, highway drainage and lighting shall be paid by the City of Brantford.
Back to rulings
Date modified: