Order No. 1995-R-453
October 30, 1995
IN THE MATTER OF an application by the City of Pointe-Claire (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 the junction of Bovril and Doyon Streets, at grade across the right-of-way and tracks of the Canadian National Railway Company (hereinafter the railway company), at mileage 4.45 Doney Spur with headblock at mileage 2.41 Montfort Subdivision, in the city of Pointe-Claire, in the province of Quebec, as shown on Drawing No. 6510-3 revised June 2, 1995 and Drawing No. 4241-4 revised August 22, 1975 (hereinafter the Plans), on file with the National Transportation Agency (hereinafter the Agency).
File No. R 8050/549-S04.45
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 cost of constructing the crossing, including the rubberized surface, and the highway approaches to the crossing shall be paid by the applicant.
- 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, attached to Agency Order No. 1995-R-16 dated January 24, 1995, or its replacement, for any construction and maintenance work carried out by the railway company pursuant to this Order.