Order No. 1996-R-166
April 25, 1996
IN THE MATTER OF the reconstruction by the Canadian National Railway Company (hereinafter the applicant) of the overhead bridge carrying the "highway", namely Frank's Lane, across its tracks at mileage 6.70 Strathroy Subdivision, in the township of London, in the province of Ontario, as shown on Drawing No. C-24602 revised June 7, 1994 and Drawing No. C-24658 dated March 22, 1994 (hereinafter the Plans), on file with the National Transportation Agency (hereinafter the Agency).
File No. R 8050/668-006.70
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 work has been carried out without an order of the Agency pursuant to section 202 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3;
AND WHEREAS the applicant has filed the Plans showing details of the work that has been carried out;
AND WHEREAS the Township of London has no objection to the work that has been carried out;
AND WHEREAS the Agency is satisfied that the work as shown on the Plans is in compliance with the requirements of the Agency respecting highway crossings;
AND WHEREAS the Agency has reviewed the submissions filed and takes note of the agreement of the parties and is of the opinion that the work should be approved pursuant to subsection 44(3) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.).
NOW THEREFORE, IT IS ORDERED THAT:
- The work is approved.
- The cost of reconstructing and maintaining the overhead bridge shall be paid by the applicant.