Order No. 1994-R-12

January 12, 1994

January 12, 1994

IN THE MATTER OF an application by the Ministry of Transportation of the Province of Ontario (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 subway to carry the "highway" namely Highway 407, across and under the tracks of the Canadian National Railway Company (hereinafter the railway company), at mileage 13.81 Newmarket Subdivision, in the city of Vaughan, in the province of Ontario, as shown on Drawing No. AA880-13.81-1.1 dated April 30, 1992, and Plan No. G-73-407-4 revised July 1992 (hereinafter the Plans), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/564-013.81

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 mitigable with known technology;

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 construct the subway as shown on the Plans.
  2. The applicant and railway company are authorized to construct the temporary rail diversion as shown on Drawing No. SK-6490-2 revised August 5, 1992, to permit the construction of the subway.
  3. The subway shall be constructed and maintained in compliance with the requirements of the Agency respecting highway crossings.
  4. The work shall be carried out and maintained in accordance with sound environmental practice.
  5. The applicant shall implement the mitigative measures, practices and procedures for the protection of the environment as set out in its application and related filings, and shall cause no variation in these mitigative measures, practices and procedures without the prior approval of the Agency.
  6. Detailed plans shall be submitted to and approved by an Engineer of the Agency before construction is commenced.
  7. The applicant shall submit the Design and Construction Report prepared as part of its Environmental Impact Statement submission to the Agency for the approval of the Senior Environmental Officer prior to commencement of construction.
  8. The applicant shall:

    a) both during and following the construction and restoration phases, monitor the effects of construction on the environment and evaluate the success of the mitigative measures; and

    b) file on November 1, following the first complete agricultural growing season after completion of the clean-up and restoration, a report to evaluate the success of the mitigative measures.

  9. Upon completion of the subway, the railway company shall replace its track in its permanent location on the subway and shall remove the temporary rail diversion.
  10. The cost of constructing and removing the temporary rail diversion shall be considered part of the cost of constructing the subway.
  11. The cost of constructing and maintaining the subway shall be paid by the applicant.
  12. 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-29 dated February 1, 1993, or its replacement, for any construction and maintenance work carried out by the applicant pursuant to this Order.
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