Order No. 1993-R-195
June 29, 1993
IN THE MATTER OF an application by Proctor & Redfern Limited, on behalf of the Corporation of the City of London (hereinafter the applicant), pursuant to section202 and all other relevant sections of the Railway Act, R.S.C.,1985, c.R-3 for authority to reconstruct the "highway", namely Ridout Street, by widening it where it crosses at grade the tracks of the Canadian National Railway Company (hereinafter the railway company), at mileage0.22 Strathroy Subdivision, in the city of London, in the province of Ontario, as shown on Drawing No.91632-AG1 revised May 1992 and Drawing No. 91632-AG2 revised September 30, 1992 (hereinafter the Plans), on file with the National Transportation Agency (hereinafter the Agency).
File No. R 8050/668-000.22
WHEREAS the Agency has performed an environmental screening of the proposal pursuant to section10 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 paragraph12(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 carry out the work as shown on the Plans.
- 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 reconstructing the crossing and the highway approaches to the crossing shall be paid by the applicant.
- The cost of maintaining the crossing shall be paid by the railway company.
- The cost of maintaining 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.1993-R-29 dated February 1, 1993, or its replacement, for any construction and maintenance work carried out by the railway company pursuant to this Order.