July 8, 1903

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The MINISTER OF RAILWAYS AND CANALS.

That does not require any amendment.

Topic:   INTERIM SUPPLY BILL.
Subtopic:   RAILWAY ACT 1903.
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LIB

Mahlon K. Cowan

Liberal

Mr. COWAN.

Under the Ontario Act, if the engineer does not make his report within the thirty days the award is illegal. Furthermore, the moment the report of the engineer is adopted by the council, under our Drainage Act, he cannot change it, so that the Ontario statutes must be amended, which can be easily done.

Topic:   INTERIM SUPPLY BILL.
Subtopic:   RAILWAY ACT 1903.
Permalink
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The MINISTER OF RAILWAYS AND CANALS.

I do not see any difficulty. When they have decided upon their scheme and have their plans, they need not wait until the work is under progress, but can send them into the board right at the start.

Topic:   INTERIM SUPPLY BILL.
Subtopic:   RAILWAY ACT 1903.
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LIB

Mahlon K. Cowan

Liberal

Mr. COWAN.

Suppose the Railway Commission has approved plans submitted by the engineer, and which have been adopted by the council, the engineer cannot change his report or plan after their adoption. That has been definitely decided by the decisions of the courts.

Topic:   INTERIM SUPPLY BILL.
Subtopic:   RAILWAY ACT 1903.
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CON

Thomas Simpson Sproule

Conservative (1867-1942)

Mr. SPROULE.

Might I ask the hon. minister in what position would a municipality be which had made a drain that was afterwards crossed by a railway and which required to dredge out that drain ? Could the railway company be required to deepen that drain ?

Topic:   INTERIM SUPPLY BILL.
Subtopic:   RAILWAY ACT 1903.
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The MINISTER OF RAILWAYS AND CANALS.

That is probably the chief object for passing this clause.

Topic:   INTERIM SUPPLY BILL.
Subtopic:   RAILWAY ACT 1903.
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CON

Thomas Simpson Sproule

Conservative (1867-1942)

Mr. SPROULE.

It does not seem to me that it would apply to such a case. I know of instances where the railway companies refused to allow the municipalities to deepen the drain.

Topic:   INTERIM SUPPLY BILL.
Subtopic:   RAILWAY ACT 1903.
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The MINISTER OF RAILWAYS AND CANALS.

If the drainage originally provided is insufficient, this Bill enables an ap-

plication to be made to the Railway Commission, which would have the power to order the additional drainage. It would apply to every possible, conceivable condition and circumstance.

Topic:   INTERIM SUPPLY BILL.
Subtopic:   RAILWAY ACT 1903.
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CON

James Clancy

Conservative (1867-1942)

Mr. CLANCY.

I have in my mind several cases of large drains which were constructed by the use of dredges and which must be kept In order and repaired by the same means. In many instances the railway companies have, since the construction of a drain, driven piles into them. If there be any such thing as right of way, the drains had that right in thq first instance. When the municipalitiles want toi repaifr those drains by dredges, they come up against the railway piles, and are prevented from doing so. What provision is there in the Bill to protect the rights of the municipalities ?

Topic:   INTERIM SUPPLY BILL.
Subtopic:   RAILWAY ACT 1903.
Permalink
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The MINISTER OF RAILWAYS AND CANALS.

Application will have to be made to the Railway Commission, and that board will have jurisdiction to give an order compelling the railway companies to allow the drain to be repaired.

Topic:   INTERIM SUPPLY BILL.
Subtopic:   RAILWAY ACT 1903.
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CON

James Clancy

Conservative (1867-1942)

Mr. CLANCY.

At whose expense ?

The Minister of railways and

CANALS. That will be in the discretion of the board.

Topic:   INTERIM SUPPLY BILL.
Subtopic:   RAILWAY ACT 1903.
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CON

James Clancy

Conservative (1867-1942)

Mr. CLANCY.

There ought to be some general principle laid down for the guidance of the board.

Topic:   INTERIM SUPPLY BILL.
Subtopic:   RAILWAY ACT 1903.
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The MINISTER OF RAILWAYS AND CANALS.

You have to leave these matters to the Railway Board, as we have hitherto left them to the Railway Committee of the Privy Council, and I do not think that any fault has been found with the decisions of the Railway Committee. That committee has always found justification for making the railway company pay its proportion of the cost, if not the whole.

Topic:   INTERIM SUPPLY BILL.
Subtopic:   RAILWAY ACT 1903.
Permalink
LIB

Mahlon K. Cowan

Liberal

Mr. COWAN.

Does the hon. minister know of any case in which the proportion can be fixed ?

Topic:   INTERIM SUPPLY BILL.
Subtopic:   RAILWAY ACT 1903.
Permalink
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The MINISTER OF RAILWAYS AND CANALS.

We cannot arbitrarily fix a proportion. You have to leave the discretion somewhere, as you do in a court of equity. If you have not confidence in your tribunal, the whole system falls through.

Topic:   INTERIM SUPPLY BILL.
Subtopic:   RAILWAY ACT 1903.
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CON

James Clancy

Conservative (1867-1942)

Mr. CLANCY.

Would it not be reasonable to lay down some general rules or principle which would govern that tribunal ? Is it possible for the hon. gentleman to make such a provision that where the enlargement of the drain is made necessary by the railway company, the railway should bear the whole cost ? That is a fair proposition.

Topic:   INTERIM SUPPLY BILL.
Subtopic:   RAILWAY ACT 1903.
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LIB

George Stephens

Liberal

Mr. STEPHENS.

I know of one case where a railway company charged a dredging company, to take their dredge through

Topic:   INTERIM SUPPLY BILL.
Subtopic:   RAILWAY ACT 1903.
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LIB

Andrew George Blair (Minister of Railways and Canals)

Liberal

Hon. Mr. BLAIR.

under the railway and bring it back, $1,500, which was almost as much as the drain cost. That is a couple of years ago.

Topic:   INTERIM SUPPLY BILL.
Subtopic:   RAILWAY ACT 1903.
Permalink
IND

Jabel Robinson

Independent

Mr. ROBINSON.

If a farmer finds his land flooded, will he be able to start proceedings under this section to secure drainage ? If so, how will he do it ? What the farmers require is a simple method of draining their lands beneath the railways.

Topic:   INTERIM SUPPLY BILL.
Subtopic:   RAILWAY ACT 1903.
Permalink
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The MINISTER OF RAILWAYS AND CANALS.

I do not know what the machinery is. All I can say is that lit is the same as that provided in the provincial Act. The hon. gentleman (Mr. Robinson) is better informed as to the Ontario law than I am.

Topic:   INTERIM SUPPLY BILL.
Subtopic:   RAILWAY ACT 1903.
Permalink

July 8, 1903