Order No. 1993-R-133
May 4, 1993
IN THE MATTER OF an application by 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 Dundas Street West, across and over the tracks of Canadian Pacific Limited (hereinafter the railway company), at mileage 7.76 Galt Subdivision, in the City of Etobicoke, in the Province of Ontario, as shown on Drawing No. S-261-25 dated February 23, 1993 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).
File No. R 8050/078-007.76
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 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.
- Detailed plans shall be approved by an Engineer of the Agency before construction is commenced.
- The cost of reconstructing the overhead bridge shall be paid by the applicant.
- The cost of maintaining the overhead bridge shall be paid $100.00 per annum by the railway company and the balance 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. 1993-R-4 dated January 6, 1993, or its replacement, for any construction and maintenance work carried out by the railway company pursuant to this Order.