Order No. 1991-R-541

November 6, 1991

November 6, 1991

IN THE MATTER OF an application by the Department of Transportation and Communication of the Province of Nova Scotia (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 bridge carrying the "highway", namely Baseline Road, across and over the track of the Canadian National Railway Company (hereinafter the railway company), at mileage 19.53 Springhill Subdivision, in the County of Colchester, in the Province of Nova Scotia, as shown on Plan entitled File No. H91-034 dated July 25, 1991 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/663-019.53

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 in consideration of a one-time contribution by the railway company of $101,061 towards the reconstruction of the overhead bridge, the applicant has agreed to take over the ownership and future maintenance of the overhead bridge;

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 reconstruct the overhead bridge, as shown on the Plan.
  2. The overhead bridge 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 railway company shall make a one time contribution to the cost of reconstruction of the overhead bridge in the amount of $101,061.
  5. The balance of the cost of reconstruction of the overhead bridge and the cost of any future reconstruction required for the benefit of the applicant, shall be paid by the applicant.
  6. The cost of removing the existing structure shall be considered part of the cost of reconstructing the overhead bridge.
  7. The cost of train movement protection during reconstruction shall be paid by the railway company.
  8. The cost of future maintenance of the overhead bridge shall be paid by the applicant.
  9. 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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