Mr. A. C. MACDONELL:
I have the
Railway Act, 1906, and section 247 is the general sectipn providing for " lines and wires on highways; consent of municipality; travel and access; wires; poles; trees; supervision " etc., etc. That is the general law in regard to wires, lines and poles in municipalities along highways, public places, etc. Section 247 has eight subsections and the eighth subsection is the one which has caused the mischief. I have already read it. It is as follows:
Nothing contained in this section shall be deemed to authorize the company to exercise the powers therein mentioned for the purpose of selling or distributing light, heat, power or electricity in cities, towns or villages, without the company having first obtained consent therefor by a bylaw of the municipality.
That is the general Railway Act. The Court of Appeal of Ontario decided that it bound the company notwithstanding the fact that the company by its special Act *has power to erect poles, lines and so on without consent.
Topic: P520 COMMONS