Order No. 1991-R-440

August 21, 1991

August 21, 1991

IN THE MATTER OF an application by the Ministry of Transportation and Highways of the Province of British Columbia (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 a "highway", namely a pedestrian walkway, across and over the tracks of Canadian Pacific Limited (hereinafter the railway company), at mileage 121.43 Shuswap Subdivision, in the City of Kamloops, in the Province of British Columbia, as shown on Drawing No. 2963-NTA1 dated March 8, 1991 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/228-121.42


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 and the railway company are 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 relocating the communication facilities shall be considered as part of the cost of constructing the overhead bridge.
  5. The cost of constructing and maintaining the overhead bridge including the substructure, superstructure, approaches and pedestrian fencing shall be paid by the applicant. All other costs of maintaining the overhead bridge including the cost of maintaining the track structure, the railway approaches, railway drainage and communication facilities shall be paid by the railway company.
  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-56 dated February 4, 1991, or its replacement, for any construction and maintenance work carried out by the railway company under this Order.
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