Order No. 1996-R-43

January 31, 1996

January 31, 1996

IN THE MATTER OF an application by McNeely Engineering Consultants Ltd. on behalf of the Town of Smiths Falls (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 subway carrying the "highway", namely Highway 43, across and under the track of Canadian Pacific Limited (hereinafter the railway company) at mileage 1.1 Brockville Subdivision, in the town of Smiths Falls, in the province of Ontario, as shown on Drawing Nos. P1 dated May 9, 1995 and T-5193-2 dated April 1995 (hereinafter the Plans), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/024-001.10

WHEREAS pursuant to subsection 18(1) of the Canadian Environmental Assessment Act, 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 utility companies affected by the project have no objection to the proposed work;

AND WHEREAS the Agency has reviewed the application and in accordance with the Decision appended hereto.


1.The applicant is authorized to reconstruct the subway as shown on the Plans.

2.The subway shall be reconstructed 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 removing and replacing the track to permit the reconstruction of the subway, the cost of removing the existing subway, the cost of the additional excavation and grading required for the subway approaches consisting of three lanes of traffic and two sidewalks and the cost to the applicant to relocate the utilities shall be considered part of the cost of reconstructing the subway.

5.Fifteen percent of the cost of reconstructing the subway shall be paid by the railway company and the balance of the cost shall be paid by the applicant.

6.The costs of maintaining the substructure, superstructure and retaining walls of the subway shall be paid by the railway company and all other costs of maintaining the subway, including the costs of maintaining the highway approaches, road surface, sidewalks, highway drainage and lighting, shall be paid by the applicant.

7.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.

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