Order No. 1993-R-23
January 22, 1993
IN THE MATTER OF an application by the City of Masson- Angers (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 du Château Street, at grade across the right-of-way and track of Canadian Pacific Limited (hereinafter the railway company), at mileage 103.23 Lachute Subdivision, in the City of Masson-Angers, in the Province of Quebec, as shown on Plan Nos. 269-004-211-00 dated April 28, 1992 and 200-1 and 204-1, both revised May 25, 1981 (hereinafter the Plans), on file with the National Transportation Agency (hereinafter the Agency).
File No. R 8050/115-103.23
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:
- The applicant is authorized to carry out the work as shown on the Plans.
- The work shall be carried out and maintained in compliance with the requirements of the Agency respecting highway crossings.
- The work shall be carried out and maintained in accordance with sound environmental practice.
- The cost of constructing the crossing and the highway approaches to the crossing shall be paid by Domaine Beau- Vallon Ltée.
- The cost of raising the telecommunication line on the north side of the railway right-of-way shall be paid by Domaine Beau-Vallon Ltée.
- The cost of installing an additional culvert, if required, shall be apportioned between the applicant and Domaine Beau- Vallon Ltée., in accordance with the agreement between the parties, as per the applicant's Resolution No. 92-414 dated December 14, 1992 and the letter of King, Haberkorn dated January 14, 1993 on file with the Agency.
- The cost of maintaining the crossing and the highway approaches to the crossing shall be paid by the applicant.
- 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. 1993-R-4 dated January 6, 1993, or its replacement, for any construction and maintenance work carried out by the railway company pursuant to this Order.
- Date modified: