Agency Rulings

Order No. 1992-R-277

August 10, 1992

IN THE MATTER OF an application by the Ontario Ministry of Transportation (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 King's Highway No. 406, where it crosses at grade the track of the Canadian National Railway Company (hereinafter the railway company), at mileage 3.97 Canal Subdivision, in the City of Welland, Regional Municipality of Niagara, in the Province of Ontario, as shown on Plan No. G-132-406-1 dated November 1990 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/362-003.97

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 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 work shall be carried out and maintained in compliance with the requirements of the Agency respecting highway crossings.
3. 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.
4. The cost of purchasing the rubber crossing surface shall be the responsibility of the applicant.
5. The cost of reconstructing and maintaining the crossing shall be paid by the railway company.
6. The cost of reconstructing and maintaining the highway approaches to the crossing 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. 1992-R-10, dated January 17, 1992, or its replacement, for any construction and maintenance work carried out by the railway company pursuant to this Order.