Order No. 1995-R-113

March 28, 1995

March 28, 1995

IN THE MATTER OF an application by R.J. Burnside & Associates Limited, on behalf of Chief and Council of Thessalon Indian Reserve No. 12 (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 a local road, at grade across the track of Canadian Pacific Limited (hereinafter the railway company), at mileage 125.54 Webbwood Subdivision, in the township of Bright, in the province of Ontario as shown on Plan G-1 dated October 1993, received stamp-dated March 16, 1994 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/268-125.54

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 there is already a farm crossing at this location;

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 Plan.
  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 and maintaining the crossing shall be paid by the railway company.
  5. The cost of constructing and maintaining the highway approaches to the crossing shall be paid by the applicant.
  6. 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. 1995-R-28 dated February 6, 1995, or its replacement, for any construction and maintenance work carried out by the railway company pursuant to this Order.
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