Order No. 1995-R-168

April 26, 1995

April 26, 1995

IN THE MATTER OF an application by the Ministry of Transportation of the Province of Ontario (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 subway carrying the "highway", namely Highway 401, across and under the track of the Canadian National Railway Company (hereinafter the railway company), at mileage 2.0 York Subdivision, in the province of Ontario, as shown on Drawing Nos. G-2-401 dated November 1990 and AA342-2.00-3.2 dated August 3, 1993 (hereinafter the Plans), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/728-002.0

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 mitigable with known technology;

AND WHEREAS the parties have agreed that the cost of diverting rail traffic during the period of reconstruction, or the sum of $432,000, shall be considered part of the cost of reconstructing the subway;

AND WHEREAS the Agency has reviewed the submissions filed and in accordance with the decision appended hereto.

NOW THEREFORE, IT IS ORDERED THAT:

  1. The applicant is authorized to reconstruct the subway as shown on the Plans.
  2. The subway shall be reconstructed and maintained in accordance with the requirements of the Agency respecting highway crossings.
  3. Detailed plans shall be submitted to and approved by an Engineer of the Agency before construction is commenced.
  4. The applicant shall implement the mitigative measures, practices and procedures for the protection of the environment as set out in its application and related filings and shall cause no variation in these mitigative measures, practices and procedures without the prior approval of the Agency.
  5. Eighty-five percent of the cost of reconstructing the subway, which includes the cost of diverting rail traffic during the period of reconstruction of the project, shall be paid by the applicant and the balance shall be paid by the railway company.
  6. The cost of maintaining the substructure and superstructure of the subway shall be paid by the railway company and the balance of the cost of maintaining the subway, including the highway approaches and drainage shall be paid by the applicant.
  7. The applicant 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 applicant pursuant to this Order.
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