Order No. 1995-R-114

March 28, 1995

March 28, 1995

IN THE MATTER OF an application by the Corporation of the Township of Langley (hereinafter the applicant), pursuant to section 202 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3, for authority to reconstruct the "highway", namely 272 Street (formerly Jackman Road), by widening it where it crosses at grade the tracks of the Canadian National Railway Company (hereinafter the railway company), at mileage 98.14 Yale Subdivision, in the township of Langley, in the province of British Columbia, as shown on Plan No. 9212B002, Sheet 2 of 2 revised March 12, 1992 and the unnumbered Plan entitled "272 St - South of 91 Ave CNR Crossing Yale Subdivision - Mile 98.09" revised January 5, 1995 (hereinafter the Plans), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/722-098.14

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:

  1. The applicant is authorized to carry out the work as shown on the Plans.
  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 reconstructing and maintaining the crossing shall be paid by the railway company.
  5. The cost of reconstructing 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-16 dated January 24, 1995, or its replacement, for any construction and maintenance work carried out by the railway company pursuant to this Order.
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