Order No. 1994-R-28
February 1, 1994
IN THE MATTER OF an application by PBK Engineering Limited, on behalf of the Vancouver Port Authority (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 the "highway", namely Commissioner Street, across and over the tracks of Canadian Pacific Limited (hereinafter the railway company), at mileage 125.47 Cascade Subdivision, in the city of Vancouver, in the province of British Columbia, as shown on Drawing No. 91087-00, Revision A dated October 25, 1993 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).
File Nos. R 8050/042-125.47
R 8050/042-125.65
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 Plan.
- The overhead bridge shall be constructed 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.
- Detailed plans shall be submitted to and approved by an Engineer of the Agency before construction is commenced.
- When the overhead bridge has been opened for use by the public, the applicant shall demolish the existing overhead bridge at Renfrew Street at mileage 125.65 Cascade Subdivision and close the crossing.
- The cost of demolishing and closing the existing overhead bridge at Renfrew Street shall be considered part of the cost of constructing the overhead bridge.
- The cost of constructing the south highway approach of the overhead bridge shall be paid by the City of Vancouver.
- All other costs of constructing the overhead bridge shall be paid by the applicant.
- The cost of maintaining the substructure, superstructure and retaining walls and the north highway approach of the overhead bridge shall be paid by the applicant. The cost of maintaining the south highway approach of the overhead bridge shall be paid by the City of Vancouver. All other costs of maintaining the overhead bridge including the cost of maintaining the track structure, the railway approaches and railway drainage and communication facilities shall be paid by the railway company.
- 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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