Order No. 1996-R-171
April 30, 1996
IN THE MATTER OF an application by the Regional Municipality of Ottawa-Carleton (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 Fallowfield Road, by adding a bicycle path on the north and south sides of the road where it crosses at grade the track of the Canadian National Railway Company (hereinafter the railway company), at mileage 3.89 Smiths Falls Subdivision, in the city of Nepean, in the regional municipality of Ottawa-Carleton, in the province of Ontario, as shown on Drawing No. SK-NTA-24 revised February 15, 1996 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).
File No. R 8050/658-003.89
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 railway company has no objection to the proposed work;
AND WHEREAS the Agency has reviewed the submissions filed.
NOW THEREFORE, IT IS ORDERED THAT:
- The applicant is authorized to carry out the work as shown on the Plan.
- The cost of providing the crossing material shall be paid by the applicant.
- The cost of constructing and maintaining the crossing surface 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-12 dated January 12, 1996 its replacement, for any construction and maintenance work carried out by the railway company pursuant to this Order.