Order No. 1991-R-575
December 13, 1991
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 reconstruct the grade separation carrying the "highway", namely Vanier Boulevard, by constructing a steel truss pedestrian overhead bridge adjacent to the existing vehicular overhead bridge, across and over the track of the Canadian National Railway Company (hereinafter the railway company), at mileage 111.74 Newcastle Subdivision, in the City of Bathurst, in the Province of New Brunswick, as shown on Drawing Nos. 1 of 2 and 2 of 2, File No. 173, dated November 29, 1991 (hereinafter the Plans), on file with the National Transportation Agency (hereinafter the Agency).
File No. R 8050/566-111.74
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:
- The applicant is authorized to reconstruct the grade separation by constructing a pedestrian overhead bridge as shown on the Plans.
- The pedestrian overhead bridge shall be constructed and maintained in compliance with the requirements of the Agency respecting highway crossings.
- The work shall be carried out and maintained in accordance with sound environmental practice.
- Detailed plans shall be submitted to and approved by an Engineer of the Agency.
- The cost of constructing and maintaining the pedestrian overhead bridge shall be paid by the applicant.
- 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 pursuant to this Order.