The Wood Bull Guides

Part V: Railway and Utilities Jurisdiction (s.28 to 30)

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  • 28 INTERPRETATION

    28 In this Part,

    “company” means a railway, street railway or incline railway company, and includes every such company and any person or municipal corporation having authority to construct or operate a railway or street railway or incline railway; (“compagnie”)

    “public utility” means a waterworks, gasworks (including works for the production, transmission, distribution and supply of natural gas), electric heat, light and power works, telephone lines, or any works supplying the general public with necessaries or conveniences; (“service public”)

    “railway” means any railway that the company has authority to construct or operate, and includes all associated branches, sidings, stations, depots, wharfs, rolling stock, equipment, stores, real or personal property and works, and also any railway bridge, tunnel or other structure that the company is authorized to construct; (“chemin de fer”)

    “street railway” means a railway constructed or operated along and upon a highway under an agreement with or by-law of a city or town, although it may at some point or points deviate from the highway to a right-of-way owned by the company, and includes all portions of the railway within the city or town and for a distance of not more than 2.4 kilometres beyond the limits of the city or town, and any part of an electric railway that lies within the limits of a city or town and that is constructed or operated along and upon a highway and includes buses and other vehicular means of transportation operated as part of or in connection with a street railway. (“tramway”)

    Legislative History

    The repealed Ontario Municipal Board Act included a definition of "public utility" in subsection 1(1); and subsection 1(2) provided that the interpretation sections of The Railways Act (R.S.O. 1950, c 331) applied.

  • 29 APPLICATION OF PART TO ALL RAILWAYS

    29 The provisions of this Part relating to railways apply to all railways, including street railways.

    Legislative History

    This section is similar to section 2 of the repealed Ontario Municipal Board Act.

  • 30(1) JURISDICTION AND POWERS OF TRIBUNAL

    30(1) The Tribunal has jurisdiction and power,

    (a) to hear and determine any application with respect to any railway or public utility, its construction, maintenance or operation by reason of the contravening of or failure to comply on the part of any person, firm, company, corporation or municipality with the requirements of this or any other general or special Act, or of any regulation, rule, by-law or order made thereunder, or of any agreement entered into in relation to such railway or public utility, its construction, maintenance or operation; and

    (b) to hear and determine any application with respect to any tolls charged by any person, firm, company, corporation or municipality operating a railway or public utility in excess of those approved or prescribed by lawful authority, or which are otherwise unlawful.

    Legislative History

    This subsection is similar to clauses (b) and (c) of section 71 of the repealed Ontario Municipal Board Act.

  • 30(2) JURISDICTION OVER RECEIVERS, LIQUIDATORS, ETC.

    30(2) A manager or other official or the liquidator or receiver of a railway or public utility shall manage, operate or liquidate the railway or public utility in accordance with this Act and under the orders and directions of the Tribunal, whether general or referring particularly to the railway or public utility.

    Legislative History

    Subsections 30(2) and (3) are similar to part of section 72 of the repealed Ontario Municipal Board Act.

  • 30(3) SAME

    30(3) The fact that the person is managing or operating or liquidating the railway or public utility under the authority of a court is not a bar to the exercise by the Tribunal of any jurisdiction or power conferred by this or any other general or special Act.

    Legislative History

    See Legislative History under subsections 30(2) above.

 


Bill 139 received Royal Assent on 12 December 2017, and came into force on 3 April 2018, the day named by proclamation of the Lieutenant Governor. 

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Note: Material on the Wood Bull website is intended as general information and commentary.  Please consult the e-Laws website for the legislation.  In order to make these Wood Bull Guides useful resources, we welcome any comments and suggestions.  

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