Order No. 1992-R-375
October 28, 1992
IN THE MATTER OF an application by the Department of Transportation of the Province of New Brunswick (hereinafter the applicant) pursuant to section 201 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3 for authority to construct a "highway", namely Lipsett Road, at grade across the right-of-way and tracks of the Canadian National Railway Company (hereinafter the railway company), at mileage 6.15 Newcastle Subdivision, in the County of Westmorland, in the Province of New Brunswick, as shown on Plan No. 1 revised April 24, 1992 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).
File No. R 8050/566-006.15
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 there is already an existing private crossing at this location;
AND WHEREAS the applicant wishes to replace the existing private crossing with a public crossing;
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 carry out the work as shown on the Plan.
- 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 constructing and maintaining the crossing and the highway approaches to the crossing 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.