Order No. 1994-R-516
December 28, 1994
IN THE MATTER OF an application by the Algoma Central Railway (hereinafter the applicant) pursuant to section 197 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3 for authority:
a) to join its tracks to the track of Ontario Northland Transportation Commission (hereinafter the railway company); and
b) to operate trains through the junction,
beginning at mileage 294.33 Northern Subdivision of the applicant and terminating at mileages 1.57 and 1.12 Pagwa Spur of the railway company, in the city of Hearst, in the province of Ontario, as shown on Plan No. B-17-12 revised December 7, 1994 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).
File No. R 8040/803-294.70
WHEREAS for over eighty years the tracks of the applicant have been joined to the track of the railway company;
AND WHEREAS trains have operated through the junction;
AND WHEREAS the railway company has no objection to the application submitted by the applicant;
AND 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, takes note of the agreement of the parties and is of the opinion that the junction and the operation of trains through the junction should be approved pursuant to subsection 44(3) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.).
NOW THEREFORE, IT IS ORDERED THAT:
- The junction is approved.
- The operation of trains through the junction is approved.
- The junction shall be maintained in accordance with sound environmental practice.