May 4, 1911 (11th Parliament, 3rd Session)

LIB

George Perry Graham (Minister of Railways and Canals)

Liberal

Mr. GRAHAM.

Yes, but it will apply to any other province having a provincial board organized for similar purposes. The next clause provides for the appraisement of damages to land adjoining or abutting on a highway where the railway has been allowed to run on a highway. There is not in the present law any provision by which the owner of the adjoining property can get damages on account of the railway getting on the highway in front of his property. The next clause is to allow, under general regulations and rules of the Board of Railway Commissioners, wires to cross railways where the railway consents and where the regulations are complied with. At present application has to be made to the board in each case. The next clause is a similar clause with reference to sewers under railways where the railway consents. The next clause has reference to fencing 'along lines of railway under construction. Under the existing Act the railways do not have to fence unless ordered by the board, and the amendment will be somewhat drastic, and will compel the railways to fence unless excused by the order of the board. It places the onus on thfe railway companies to prove

that it is not necessary for them to fence. It also compels the railway company to fence right of way or take other effectual means, such as cattle-guards to prevent cattle getting on the railway. The next section repeals that clause of the Act which prohibits stock from running within half a mile of a railway. There will be some discussion as to the propriety of this in the older parts of Canada, but on the whole it has seemed to those who have considered it, that it is a wise provision in the interest of the western part of Canada where they have the right to graze on these lands that are not inclosed, and under the present Act it is impossible for them, in many cases, to get redress if their stock is killed. In the older provinces-I can speak more particularly of Ontario-most municipalities, by by-law,
_ forbid cattle running at large on the highways, and they may continue to regulate that matter by by-law if they choose to do so.

Topic:   RAILWAY ACT AMENDMENT.
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