July 18, 1917 (12th Parliament, 7th Session)


Frank Broadstreet Carvell



Putting it in at the end of
a general clause. By section 374, subsection 1, "company" is defined. Then subsection 2 provides as follows:
(2) Notwithstanding anything contained in any Special or other Act or authority of the Parliament of Canada or of the legislature of any province, the company shall not, except as in this section provided, acquire, construct, maintain or operate any works, machinery, plant, line, pole, tunnel, conduit or other device upon, along, across, or under any highway, square or other public place within the limits of any city, town, village or township, without the consent of the municipality.
Subsection 3 provides:
(3) If the company cannot obtain the consent of the municipality or cannot obtain such consent otherwise than subject to conditions not acceptable to the company, the company may apply to the Board for leave to exercise its powers upon such highway, square or public place.
The board holds an investigation and makes an order which is binding on the company and on the municipality. That is

the general law of Canada. That is the law that hereafter will apply to every corporation in Canada incorporated by this Parliament. And then what? They stick on two clauses after that, I say, surreptitiously- and I use the word advisedly-two clauses which no man in the world would understand unless the special circumstances were brought to his attention. Toronto is not mentioned; the Toronto Electric Light is not mentioned, the Toronto-Niagara is not mentioned, the Hydro-Electric is not mentioned-one of the finest pieces of underground grafting I ever heard in my life. And the Minister of Railways wants this Parliament to enact that and make it the iaw of the land. It is an outrage, nothing short of it.

Topic:   P520 COMMONS
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