Order No. 1991-R-530

October 23, 1991

October 23, 1991

IN THE MATTER OF an application by Cyril J. Demeyere Limited on behalf of the Town of Tillsonburg (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 "highway" namely Maple Lane, by widening it, improving the approach grades and adding a concrete sidewalk, where it crosses at grade the right-of-way and track of Canadian Pacific Limited (hereinafter the railway company), at mileage 15.55 Port Burwell Subdivision, in the Town of Tillsonburg, in the Province of Ontario, as shown on Drawing No. 3 dated June 18, 1991 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/191-015.55

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 a pedestrian crossing exists at this location;

AND WHEREAS the applicant has requested that the crossing be reopened to vehicular traffic;

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 carry out the work as shown on the Plan.
  2. The work shall be carried out and maintained in compliance with the requirements of the Agency respecting highway crossings.
  3. The cost of reconstructing and maintaining the crossing shall be paid by the applicant.
  4. The cost of reconstructing and maintaining the highway approaches to the crossing shall be paid by the applicant.
  5. 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 all construction and maintenance work carried out by the railway company under this Order.
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