Order No. 1995-R-452
October 30, 1995
IN THE MATTER OF an application by Rachel Fournier and Aline Nicole (hereinafter the applicants) pursuant to section 216 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3 for a farm crossing at grade across the right-of-way and track of the Canadian National Railway Company (hereinafter the railway company), at mileage 68.71 Mont-Joli Subdivision, in the municipality of Val-Brillant, in the province of Quebec, as shown on Plan No. 1-1050028-114 dated August 17, 1985 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).
File No. R 8050/551-068.71
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 there is an existing private crossing at this location;
AND WHEREAS the applicants wish to replace the existing private crossing with a farm crossing;
AND WHEREAS the Agency shall ensure that any order issued under subsection 216(2) of the Railway Act is consistent with any requirements imposed by or under the Railway Safety Act, R.S.C., 1985, c. 32 (4th Supp.);
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 applicants and the railway company are authorized to carry out the work as shown on the Plan.
- The work shall be consistent with any requirements imposed by or under the Railway Safety Act.
- The cost of constructing and maintaining the farm crossing and the approaches to the farm crossing shall be paid by the applicants.
- 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. 1995-R-16 dated January 24, 1995, or its replacement, for all construction and maintenance work carried out by the railway company under this Order.