Order No. 1993-R-23

January 22, 1993

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:

  1. The applicant is 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 Domaine Beau- Vallon Ltée.
  5. 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.
  6. 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.
  7. The cost of maintaining the crossing and the highway approaches to the crossing shall be paid by the applicant.
  8. 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.
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