Order No. 1993-R-394
December 16, 1993
IN THE MATTER OF an application by the Ontario Ministry of Transportation (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 relocate the "highway", namely Highway 7, where it crosses over the tracks of the Canadian National Railway Company (hereinafter the railway company), at mileage 18.20 Bala Subdivision, and to reconstruct the overhead bridge to carry the new highway, referred to as Highway 7N, across and over the tracks of the railway company at mileage 18.30 Bala Subdivision, in the town of Richmond Hill, in the regional municipality of York, in the province of Ontario, as shown on Plan No. G-200-7N-1, revised January 22, 1992, and Drawing No. 1 dated August 1992 (hereinafter the Plans), on file with the National Transportation Agency (hereinafter the Agency).
File No. R 8050/326-018.30
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 Plans.
- 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 submitted to and approved by an Engineer of the Agency before construction is commenced.
- When the overhead bridge has been opened for use by the public, the applicant shall close the existing crossing.
- The cost of reconstructing the overhead bridge and the cost of closing the existing crossing shall be paid by the applicant.
- The cost of maintaining the overhead bridge 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.