Order No. 1994-R-70

March 8, 1994

March 8, 1994

IN THE MATTER OF the reconstruction of the "highway", namely the Boisé du Portage pedestrian walkway, by the Corporation de gestion Charmes, on behalf of the City of Sherbrooke (hereinafter the applicant), by changing the approach grades where it crosses at grade the right-of-way and track of Canadian Pacific Limited (hereinafter the railway company), at mileage 71.97 Sherbrooke Subdivision, in the town of Rock Forest, close to the limits of the city of Sherbrooke, in the province of Quebec, as shown on Plan No. 6-0295-A revised December 16, 1993 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/225-071.97

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 work has been carried out without an order of the Agency pursuant to section 202 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3;

AND WHEREAS the applicant has filed a Plan showing details of the work that has been carried out;

AND WHEREAS the railway company has no objection to the work that has been carried out;

AND WHEREAS the Agency is satisfied that the work as shown on the Plan is in compliance with the requirements of the Agency respecting highway crossings;

AND WHEREAS the Agency has reviewed the submissions filed, takes note of the agreement of the parties and is of the opinion that the work should be approved pursuant to subsection 44(3) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.).

NOW THEREFORE, IT IS ORDERED THAT:

  1. The work is approved.
  2. The work shall be maintained in compliance with the requirements of the Agency respecting highway crossings.
  3. The work shall be maintained in accordance with sound environmental practice.
  4. The cost of reconstructing and maintaining the highway approaches to the crossing shall be paid by the applicant.
  5. The railway company shall prepare all accounts using rates not in excess of those stipulated in Schedule "A" entitled Directives, which is attached hereto, or its replacement, for any construction and maintenance work carried out by the railway company pursuant to this Order.
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