Order No. 1992-R-381

October 30, 1992

October 30, 1992

IN THE MATTER OF an application by Marshall Macklin Monaghan Limited, on behalf of the Municipality of Metropolitan Toronto (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 Markham Road, across and over the tracks of Canadian Pacific Limited (hereinafter the railway company), at mileage 179.32 Havelock Subdivision, in the City of Scarborough, in the Province of Ontario, as shown on Drawing No. S-711-18 revised September 15, 1992 and Plate No. 8 dated April 1991 (hereinafter the Plans), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/089-179.32


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 utility companies affected by the proposal have no objection to the proposed work;

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 work shall be carried out and maintained in accordance with sound environmental practice.
  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 cost of relocating the utilities and the railway pole line and the cost of railway protection shall be considered part of the cost of reconstructing the overhead bridge.
  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-9 dated January 16, 1992, or its replacement, for any construction and maintenance work carried out by the railway company pursuant to this Order.
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