Order No. 1995-R-453

October 30, 1995

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:

  1. The applicant is authorized to carry out the work as shown on the Plans.
  2. The cost of constructing the crossing, including the rubberized surface, and the highway approaches to the crossing shall be paid by the applicant.
  3. The cost of maintaining the crossing and the highway approaches to the crossing shall be paid by the applicant.
  4. 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.
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