Order No. 1993-R-4
January 6, 1993
IN THE MATTER OF an application by the City of Scarborough (hereinafter the applicant) pursuant to section 201 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3 for authority to construct a "highway", namely Canadian Road, at grade across the right-of-way and track of Canadian Pacific Limited (hereinafter the railway company), at mileage 0.20 Scarborough Industrial Spur with headblock at mileage 201.36 Belleville Subdivision, in the City of Scarborough, in the Province of Ontario, as shown on Sheet Nos. 6319-02-1 revised August 26, 1992, 6319-02-2 dated July 24, 1992 and 6319-02-5 dated August 26, 1992 (hereinafter the Plans), on file with the National Transportation Agency (hereinafter the Agency).
File No. R 8050/016-S00.20
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 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 constructing the crossing and the highway approaches to the crossing shall be paid by Price Club.
- The cost of maintaining the crossing and 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, which is attached hereto, or its replacement, for any construction and maintenance work carried out by the railway company pursuant to this Order.