Order No. 1996-R-135

March 29, 1996

March 29, 1996

IN THE MATTER OF an application by the Department of Transportation of the Province of New Brunswick (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 continue to use and reconstruct the "highway", namely Grub Road, where it crosses at grade the track of the Canadian National Railway Company (hereinafter the railway company) at mileage 8.86 Sussex Subdivision, near the village of Salisbury, in the province of New Brunswick, as shown on Drawing No. 1 of 1, revision 1 dated February 17, 1995, (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/672-008.86

WHEREAS pursuant to subsection 18(1) of the Canadian Environmental Assessment Act, S.C., 1992, c. 37 the project has been screened and a screening report has been prepared;

AND WHEREAS after taking into consideration the screening report, the Agency has determined that the project is not likely to cause significant adverse environmental effects;

AND WHEREAS for several years there has been a crossing across the track of the railway company at this location;

AND WHEREAS the crossing, having been opened to and used by the public for several years, has become, de facto, a highway crossing;

AND WHEREAS in order to comply with the standards of a public crossing, certain work has to be carried out;

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 cost of reconstructing and maintaining the crossing shall be paid by the railway company.
  3. The cost of reconstructing and maintaining the highway approaches to the crossing shall be paid by the applicant.
  4. 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. 1996-R-12 dated January 12, 1996, or its replacement, for any construction and maintenance work carried out by the railway company pursuant to this Order.
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