Order No. 1995-R-65

February 27, 1995

February 27, 1995

IN THE MATTER OF an application by R.E. Winter & Associates Ltd. on behalf of the Municipality of Metropolitan Toronto (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 Bayview Avenue, across and over the track of Canadian Pacific Limited (hereinafter the railway company), at mileage 206.88 Belleville Subdivision, in the city of Toronto, in the province of Ontario, as shown on Drawing No. S-302-8 dated November 1994 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/016-206.88


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 the overhead bridge shall be paid by the applicant.
  6. The railway company shall pay $100.00 annually towards the cost of maintaining the overhead bridge and the balance of the said cost shall be paid by the applicant.
  7. 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.
Date modified: