Order No. 1993-R-169

May 31, 1993

May 31, 1993

IN THE MATTER OF an application by Canada Golf Associates (hereinafter the applicant), on behalf of the Upper Thames River Conservation Authority, pursuant to section 216 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3 for a farm crossing at grade across the right-of-way and track of the Canadian National Railway Company (hereinafter the railway company), at mileage 114.72 Guelph Subdivision, Forest City National Golfers Club, in the city of London, in the province of Ontario, as shown on a sketch drawing submitted with a letter from Canada Golf Associates dated February 24, 1993 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/453-114.72

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 there is presently a private crossing at this location whereby Transport Canada - Airports Group has an existing agreement with the railway company for private access across the track of the railway company;

AND WHEREAS the applicant wishes to replace the existing private crossing with a farm crossing;

AND WHEREAS the railway company has no objection in principle to having a farm crossing under section 216 of the Railway Act at this location providing the concerns of Transport Canada - Airports Group are addressed prior to the railway company giving its approval;

AND WHEREAS the Upper Thames River Conservation Authority, Forest City National Golfers Club and Transport Canada - Airports Group have reached an agreement to ensure the rights of Transport Canada - Airports Group to continue to utilize the crossing;

AND WHEREAS Forest City National Golfers Club is operated for a Limited Partnership by its General Partner Golf & Recreation Management Inc., a member of the Canada Golf Associates;

AND WHEREAS the Agency shall ensure that any order issued under subsection 216(2) of the Railway Act is consistent with any requirements imposed by or under the Railway Safety Act, R.S.C., 1985, c. 32 (4th Supp.);

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 crossing is a farm crossing.
  2. The farm crossing shall be consistent with any requirements imposed by or under the Railway Safety Act.
  3. The cost of constructing and maintaining the farm crossing and the approaches to the crossing shall be paid by Forest City National Golfers Club.
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