Order No. 1995-R-11
January 16, 1995
IN THE MATTER OF National Transportation Agency (hereinafter the Agency) Order No. 1994-R-50 dated February 24, 1994 which authorized Howe Monenco Inc., on behalf of the Corporation of the City of Thunder Bay, to construct a pedestrian overhead bridge across and over the tracks of Canadian Pacific Limited (hereinafter CP) at mileage 128.50 Nipigon Subdivision, in the city of Thunder Bay, in the province of Ontario; and
IN THE MATTER OF an application by the Canadian National Railway Company (hereinafter CN), pursuant to section 41 of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.), to amend Order No. 1994-R-50 to make reference to the fact that one of the three tracks at the subject crossing is owned by CN.
File No. R 8050/169-128.50
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 CN has informed the Agency that the pedestrian overhead bridge crosses three tracks, two of which are owned by CP and one by CN;
AND WHEREAS CP has confirmed this fact and agrees to the amendment of the Order to reflect the ownership of one of the tracks by CN;
AND WHEREAS Howe Monenco Inc., on behalf of the City of Thunder Bay, has agreed to the amendment to the Order;
AND WHEREAS CN has no objection to the construction of the overhead pedestrian bridge;
AND WHEREAS the Agency has reviewed the submissions filed, takes note of the agreement of the parties and has found pursuant to section 41 of the National Transportation Act, 1987, that there has been a change in the facts or circumstances pertaining to Order No. 1994-R-50 since it was issued.
NOW THEREFORE, IT IS ORDERED THAT:
Order No. 1994-R-50 dated February 24, 1994 is hereby amended by:
a) replacing in the title paragraph "Canadian Pacific Limited (hereinafter the railway company), at mileage 128.50 Nipigon Subdivision" with "Canadian Pacific Limited at mileage 128.50 Nipigon Subdivision and the track of the Canadian National Railway Company at mileage 197.62 Kinghorn Subdivision (hereinafter the railway companies)";
b) deleting Clause 5 and replacing it with: "The railway companies shall prepare all accounts using rates not in excess of those stipulated in Schedule "A" entitled Directives, attached to Order No. 1993-R-4 dated January 6, 1993 and Order No. 1993-R-29 dated February 1, 1993, or their replacement, for any construction and maintenance work carried out by the railway companies pursuant to this Order".
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