Order No. 1996-R-133

March 28, 1996

March 28, 1996

IN THE MATTER OF an application by Ernest A. Hachey & Associates Ltd., on behalf of the City of Moncton (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 an overhead bridge to carry a "highway", namely Harrisville Boulevard, across and over the tracks of the Canadian National Railway Company (hereinafter the railway company) at mileage 120.45 Springhill Subdivision, in the city of Moncton, in the province of New Brunswick, as shown on Drawing No. 1 of 3 revised December 7, 1995 and Drawing Nos. 2 and 3 of 3 dated August 1995 (hereinafter the Plans), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/663-120.45


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 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 construct the overhead bridge as shown on the Plans.
  2. The overhead bridge shall be constructed and maintained in compliance with the requirements of the Agency respecting highway crossings.
  3. Detailed plans shall be submitted to and approved by an Engineer of the Agency before construction is commenced.
  4. The cost of constructing and maintaining the overhead bridge shall be paid by the applicant.
  5. 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. 1996-R-12 dated January 12, 1996, or its replacement, for any construction and maintenance work carried out by the railway company pursuant to this Order.
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