Order No. 1992-R-393

November 5, 1992

November 5, 1992

IN THE MATTER OF an application by the Regional Municipality of York (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 construct an overhead bridge to carry a "highway", namely 16th Avenue, across and over the tracks of the Canadian National Railway Company (hereinafter the railway company), at mileage 19.44 Bala Subdivision, in the Regional Municipality of York, in the Province of Ontario, as shown on Plate 8, entitled "Scheme 1C, General Arrangement", revised June 17, 1992 and on Plate 7, Revision No. 1, stamp dated June 4, 1992 (hereinafter the Plans), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/326-019.44


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 utility companies whose facilities will be affected 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 construct the overhead bridge as shown on the Plans.
  2. The overhead bridge shall be constructed 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 submitted to and approved by an Engineer of the Agency before construction is commenced.
  5. The applicant shall submit to the Agency, prior to commencement of construction, copies of:

    a) its Environmental Protection Standards;

    b) its detailed landscaping and refurbishing plan;

    c) the detailed environmental procedures and specifications which will be provided to its contractors;

    d) the detailed measures it proposes to implement to ensure that its contractors and their employees are fully cognizant of the environmental concerns and environmental procedures to be followed during the construction of the overhead bridge; and

    e) a detailed construction schedule.

  6. The applicant shall, following the first complete growing season after completion of construction, submit a report satisfactory to the Agency evaluating the success of its mitigative measures.
  7. The cost of constructing and maintaining the overhead bridge shall be apportioned between the parties as agreed to in the Letter of Understanding of September 28, 1992 on file with the Agency.
  8. 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.
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