Order No. 1993-R-406
December 29, 1993
IN THE MATTER OF an application by the City of Québec (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 a bicycle path, at grade across and along the right-of-way and tracks of the Canadian National Railway Company (hereinafter the railway company), at mileage 0.46 St-Raymond Subdivision and mileage 15.58 Bridge Subdivision; at mileage 0.52 St-Raymond Subdivision; and at mileage 0.91 Murray Bay Subdivision, all in the town of Limoilou, in the province of Quebec, as shown on Plan No. IRR-90-041 revised April 7, 1992, Plan No. PRR-93043, Sheet No. 1ap of 5ap revised August 9, 1993, Plan No. PRR-93043, Sheet Nos. 2ap to 5ap of 5ap all revised August 4, 1993 and Plan No. IAR-90007, Sheet Nos. 1 to 3 of 3 all revised June 21, 1993 (hereinafter the Plans), on file with the National Transportation Agency (hereinafter the Agency).
File Nos. R 8050/647-000.46
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 and maintaining the crossings and the highway approaches to the crossings 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.