Order No. 1992-R-451
December 30, 1992
IN THE MATTER OF an application by Canadian Pacific Limited (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 Salem Road, across and over its track, at mileage 183.07 Belleville Subdivision, in the Town of Ajax, in the Province of Ontario, as shown on Plan No. B-1-4562-1 dated April 23, 1992 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).
File No. R 8050/016-183.07
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 applicant proposes to reconstruct the overhead bridge which is now showing signs of deterioration by replacing it with a similar timber structure;
AND WHEREAS the applicant proposes to reconstruct the overhead bridge at its own cost on the understanding that, should the Town of Ajax replace the new overhead bridge with a larger structure prior to the year 2015, the applicant will contribute to neither the cost of construction nor the cost of future maintenance of such replacement structure or, in the event that the Agency does not agree with this position, that its contribution to a larger structure be reduced by the value of the remaining life of the structure now proposed, based on the prorated cost between now and the year 2015;
AND WHEREAS the Town of Ajax requests that when the proposed structure is replaced by an urban structure, the applicant be required to pay its apportionment of the costs in accordance with the Agency Guidelines on Apportionment of Costs of Grade Separations at that time;
AND WHEREAS the applicant is responsible for the maintenance of the present structure;
AND WHEREAS the Agency can only render a decision based on the facts of an application before it and not on the possibility of speculated future projects;
AND WHEREAS the Agency finds that the applicant has exclusive responsibility for the grade separation;
AND WHEREAS the Agency has reviewed the submissions filed.
NOW THEREFORE, IT IS ORDERED THAT:
- The applicant is authorized to reconstruct the overhead bridge as shown on the Plan.
- The overhead bridge shall be reconstructed 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 overhead bridge shall be paid by the applicant.