Order No. 1991-R-436

August 16, 1991

August 16, 1991

IN THE MATTER OF an application by the Department of Transportation and Communications of the Province of Nova Scotia (hereinafter the applicant) pursuant to section 201 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3 for authority to construct an overhead bridge to carry the "highway", namely Highway No. 223, across and over the tracks of the Canadian National Railway Company (hereinafter the railway company), at mileage 58.27 Sydney Subdivision, in Grand Narrows, in Cape Breton County, in the Province of Nova Scotia, as shown on Drawing File No. B-91-01, Sheet 1A of 19, dated March 1989 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/674-058.28


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 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 construct the overhead bridge, as shown on the Plan.
  2. The overhead bridge shall be constructed 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 constructing and maintaining the overhead bridge shall be paid by the applicant.
  5. The cost that may be required to relocate the utilities shall be considered part of the cost of constructing the overhead bridge.
  6. The railway company shall prepare all accounts using rates not in excess of those stipulated in Schedule "A" entitled Directives, attached to Agency Order No. 1991-R-52 dated February 1, 1991, or its replacement, for any construction and maintenance work carried out by the railway company under this Order.
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