Order No. 1995-R-521

December 21, 1995

December 21, 1995

IN THE MATTER OF an application by the Corporation of the Town of Whitby (hereinafter the applicant) pursuant to section 202 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3 for authority to construct a subway to carry a "highway", namely Garden Street, across and under the track of Canadian Pacific Limited (hereinafter the railway company), at mileage 178.27 Belleville Subdivision, in the town of Whitby, in the regional municipality of Durham, in the province of Ontario, as shown on Drawing Nos. S1 dated July 1995, A3 dated May 1995 and D1 dated April 1995 (hereinafter the Plans), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/016-178.27

WHEREAS pursuant to subsection 18(1) of the Canadian Environmental Assessment Act, S.C., 1992, c. 37, the project has been screened and a screening report has been prepared;

AND WHEREAS after taking into consideration the screening report, the Agency has determined that the project is not likely to cause significant adverse environmental effects;

AND WHEREAS the utility companies affected by the project have no objection to the proposed work;

AND WHEREAS the Agency has reviewed the submissions filed and takes note of the agreement of the parties.


  1. The applicant is authorized to construct the subway as shown on the Plans.
  2. The applicant and the railway company are authorized to construct the temporary rail diversion as shown on Drawing No. D1 dated April 1995 to permit the construction of the subway.
  3. The subway shall be constructed and maintained in compliance with the requirements of the Agency respecting highway crossings.
  4. Detailed plans shall be submitted to and approved by an Engineer of the Agency before construction is commenced.
  5. Upon completion of the subway, the railway company shall replace its track in its permanent location on the subway and shall remove the temporary rail diversion.
  6. The cost of constructing and removing the temporary rail diversion, the cost of replacing the track in its permanent location on the subway, the cost to the applicant of relocating the utilities and the cost of the drainage work shall be considered part of the cost of constructing the subway.
  7. Fifteen percent of the cost of constructing the subway shall be paid by the railway company and the balance of the said cost shall be paid by the applicant.
  8. The cost of maintaining the substructure and superstructure of the subway shall be paid by the railway company and all other costs of maintaining the subway, including the cost of maintaining the approaches, road surface, sidewalks, highway drainage and lighting, shall be paid by the applicant.
  9. 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-28 dated February 6, 1995, or its replacement, for any construction and maintenance work carried out by the railway company pursuant to this Order.
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