Order No. 1996-R-163
April 24, 1996
IN THE MATTER OF an application by Kostuch Engineering Limited, on behalf of the Township of Osgoode (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 reconstruct the "highway", namely Gough Road, by widening it where it crosses at grade the track of Canadian Pacific Limited (hereinafter the railway company), at mileage 13.77 Prescott Subdivision, in the township of Osgoode, in the province of Ontario, as shown on Drawing Nos. 1 and 2 of 2 dated February 1996 (hereinafter the Plans), on file with the National Transportation Agency (hereinafter the Agency).
File No. R 8050/193-013.77
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:
- The applicant is authorized to carry out the work as shown on the Plans.
- The cost of reconstructing and maintaining the crossing shall be paid by the railway company.
- The cost of reconstructing and maintaining 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. 1996-R-11 dated January 12, 1996, or its replacement, for any construction and maintenance work carried out by the railway company pursuant to this Order.