Order No. 1995-R-16

January 24, 1995

January 24, 1995

IN THE MATTER OF an application by Ellis Engineering Inc., on behalf of the Corporation of the City of Thorold (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 overhead bridge carrying the "highway", namely Peter Street, across and over the track of Canadian National Railway Company (hereinafter the railway company), at mileage 5.90 Thorold Subdivision, in the city of Thorold, in the province of Ontario, as shown on Drawing No. 94011-1 revised November 1994 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/684-005.90

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 reconstruct the overhead bridge as shown on the Plan.
  2. The overhead bridge shall be reconstructed 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. Detailed plans shall be submitted to and approved by an Engineer of the Agency before construction is commenced.
  5. The cost of reconstructing and maintaining the overhead bridge 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, 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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