Order No. 1991-R-358

July 16, 1991

July 4, 1991

IN THE MATTER OF an application by the Town of Mount Royal (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 Laird Boulevard, across and over the tracks of the Canadian National Railway Company (hereinafter the railway company), at mileage 3.67 Mount Royal Subdivision, in the Town of Mount Royal, in the Province of Quebec, as shown on Plan No. 0799008000S004-A revised April 9, 1991 and undated Sketch entitled "Emplacement actuel du viaduc Laird" (hereinafter the Plans), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/554-003.67


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 reconstruct the overhead bridge, as shown on the Plans.
  2. The overhead bridge shall be reconstructed 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. Detailed plans shall be 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, attached to Agency Order No. 1991-R-52 dated February 1, 1991, or its replacement, for any construction and maintenance work carried out by the railway company under this Order.

ERRATUM


July 16, 1991

Order No. 1991-R-358 dated July 4, 1991 - Canadian National Railway Company, mileage 3.67 Mount Royal Subdivision.

File No. R 8050/554-003.67

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