Order No. 1992-R-219
June 30, 1992
IN THE MATTER OF an application by Gentech Engineering Inc., on behalf of the City of Armstrong (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 Wood Avenue, where it crosses at grade the track of the Canadian National Railway Company (hereinafter the railway company), at mileage 69.48 Okanagan Subdivision, in the City of Armstrong, in the Province of British Columbia, as shown on Drawing Nos. X-1, Revision B, dated March 30, 1992 and X-2 dated February 10, 1992 (hereinafter the Plans), on file with the National Transportation Agency (hereinafter the Agency).
File No. 30213.126
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 and the railway company are authorized to carry out the work as shown on the Plans.
- The work shall be carried out 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.
- The cost of reconstructing and maintaining the crossing excluding the cost of the rubber surfacing material shall be paid by the railway company.
- The cost of reconstructing and maintaining the highway approaches to the crossing as well as the cost of the rubber surfacing material to be used to upgrade the crossing surface 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. 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.