Order No. 1996-R-122

March 20, 1996

March 20, 1996

IN THE MATTER OF Order No. 1994-R-12 of the National Transportation Agency (hereinafter the Agency) dated January 12, 1994, which authorized the Ministry of Transportation of the Province of Ontario pursuant to section 201 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3 to construct a subway to carry the "highway", namely Highway 407, across and under the tracks of the Canadian National Railway Company (hereinafter the railway company) at mileage 13.81 Newmarket Subdivision, in the city of Vaughan, in the province of Ontario, as shown on Drawing No. AA880-13.81-1.1 dated April 30, 1992 and Plan No. G-73-407-4 revised July 1992, on file with the Agency; and

IN THE MATTER OF an application by Canadian Highways International Constructors on behalf of the Ministry of Transportation of the Province of Ontario pursuant to section 41 of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987), to amend Order No. 1994-R-12 to reflect a change in the design of the subway.

File No. R 8050/564-013.81


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 Canadian Highways International Constructors has submitted Drawing No. AA880-13.81-1.1 dated July 1995 showing a design different from the one on Drawing No. AA880-13.81-1.1 dated April 30, 1992 referred to in Order No. 1994-R-12;

AND WHEREAS the railway company has no objection to the work shown on Drawing No. AA880-13.81-1.1 dated July 1995;

AND WHEREAS the Agency has reviewed the submissions filed, takes note of the agreement of the parties and has found, pursuant to section 41 of the NTA, 1987, that there has been a change in the facts or circumstances pertaining to Order No. 1994-R-12 since it was issued.

NOW THEREFORE, IT IS ORDERED THAT:

Order No. 1994-R-12 dated January 12, 1994 is hereby amended by replacing, in the title, "Drawing No. AA880-13.81-1.1 dated April 30, 1992" with "Drawing No. AA880-13.81-1.1 dated July 1995".

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