Order No. 1992-R-420

December 2, 1992

December 2, 1992

IN THE MATTER OF an application by Reid and Associates Limited, on behalf of Trillium Homes Limited (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 a "highway", namely Street "B", at grade across the right-of-way and track of the Canadian National Railway Company (hereinafter the railway company), at mileage 78.06 Beeton Spur with headblock at mileage 62.70 Newmarket Subdivision, in the Town of Innisfil, in the Province of Ontario, as shown on Plan No. 43T-88005, Sheet No. 1 revised June 28, 1990, and on Plan entitled "Industrial Subdivision Railway Crossing" unnumbered and undated (hereinafter the Plans), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/564-S78.06

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 application and in accordance with the Decision appended hereto.

NOW THEREFORE, IT IS ORDERED THAT:

  1. The applicant and the railway company are authorized to carry out the work as shown on the Plans.
  2. The work shall be carried out and maintained in compliance with the requirements of the Agency respecting highway crossings.
  3. The work shall be carried out and maintained in accordance with sound environmental practice.
  4. The cost of constructing the crossing and the highway approaches to the crossing shall be paid by the applicant.
  5. The cost of maintaining the crossing and the highway approaches to the crossing shall be paid by the Town of Innisfil.
  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. 1992-R-10 dated January 17, 1992, or its replacement, for any construction and maintenance work carried out by the railway company pursuant to this Order.
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