CHAP. 61. An Act to amend the Railway Act with respect to Telegraphs and Telephones and the jurisdiction of the Board of Railway Commissioners. [Assented to 20th July, 1908.] HIS IS Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: PART I. Interpreta 1. In this Part unless the context otherwise requires,- (b) "Board." company" means a railway company or person "Company." (c) "special Act" means any Act under which the com- "Special (d) "telegraph" includes wireless telegraph; "Telegraph." "Telegraph toll." Jurisdiction of Board. Mandatory orders. Restraining orders. Orders and regulations generally. Penalties for violation of regulations. Other liability not affected. Approval of tolls. (e) "telegraph toll" means and includes any toll, rate or charge to be charged by the company to the public or to any person for the transmission of messages by telegraph. 2. The Board shall have jurisdiction to inquire into, hear and determine any application by or on behalf of any party interested complaining that any company or person has failed to do any act, matter or thing required to be done by The Railway Act or this Part or the special Act, or by any regulation, order or direction made thereunder by the Governor in Council, the Minister, the Board, or any other authority, or that any company or person has done or is doing any act, matter or thing contrary to or in violation of The Railway Act or this Part or the special Act, or any such regulation, order or direction, or requesting the Board to make any order, or give any direction, sanction or approval which by law it is authorized to make or give, or with respect to any matter, act or thing which by The Railway Act or this Part or the special Act or by any such regulation, order or direction is prohibited, sanctioned or required to be done. 2. The Board may order and require any company or person to do forthwith, or within or at any specified time, and in any manner prescribed by the Board, so far as is not inconsistent with The Railway Act or this Part or the special Act, any act, matter or thing which such company or person is or may be required or authorized to do under the said Acts or any of them or this Part, and may forbid the doing or continuing of any act, matter or thing which is contrary to the said Acts or any of them or this Part; and shall for the purposes of this Part have full jurisdiction to hear and determine all matters whether of law or of fact. 3. The Board may make orders and regulations with respect to any matter, act or thing which by The Railway Act or this Part or the special Act is sanctioned or required to be done or prohibited, and generally for carrying the said Acts and this Part into effect. 2. The Board may, by regulations, prescribe penalties when not prescribed by The Railway Act or this Part or the special Act, to which every company or person which or who offends against any regulation made under this section shall be liable; provided that no such penalty shall exceed one hundred dollars. 3. The imposition of any such penalty shall not lessen or affect any other liability which any company or person may have incurred. 4. Notwithstanding anything in any Act heretofore passed by Parliament, all telegraph and telephone tolls to be charged. by the company shall be subject to the approval of the Board. tariffs. 2. The company shall file with the Board tariffs of any tele- Filing of graph or telephone tolls to be charged, and such tariffs shall be in such form, size and style and give such information, particulars and details as the Board, from time to time, by regulation, or in any particular case, prescribes, and the company shall not charge, and shall not be entitled to charge, any telegraph or telephone toll in respect of which there is default in such filing, or which is disallowed by the Board: Provided that any com- Proviso. pany, previous to the first day of May, one thousand nine hundred and eight, charging telegraph or telephone tolls may, without such filing and approval, for a period of four months after this Part comes into force, or for such further period as the Board allows, charge such telegraph or telephone tolls as such company was immediately previous to the said date authorized by law to charge, unless in the meantime the Board in the case of any company disallows any of such tolls. as to freight 3. Such telegraph and telephone tariffs may be dealt with by Application of provisions the Board in the same manner as is provided by The Railway Act, with respect to standard freight tariffs; and all the pro-standa visions of The Railway Act, except as to publication under tariffs. section 339 thereof, applicable to companies thereunder with respect to standard freight tariffs and tolls, shall, in so far as they are applicable and not inconsistent with this Act, apply to the company with respect to such telegraph and telephone tariffs and tolls. of tariffs. 4. The Board may, by regulation or otherwise, determine, Publication and prescribe the manner and form in which any tariff or tariffs of telegraph or telephone tolls shall be published or kept open for public inspection. distance Board to 5. Whenever any company or any province, municipality or Long corporation, having authority to construct and operate, or to connections, operate, a telephone system or line and to charge telephone power of tolls, whether such authority is derived from the Parliament of order, Canada or otherwise, is desirous of using any long distance telephone system or line owned, controlled or operated by any company, in order to connect such long distance telephone system or line with the telephone system or line operated or to be operated by such first mentioned company or by such province, municipality or corporation for the purpose of obtaining direct communication, whenever required, between any telephone or telephone exchange on the one telephone system or line and any telephone or telephone exchange on the other telephone system or line, and cannot agree with the company with respect to obtaining such use, connection or communication, such first mentioned company or province, municipality or corporation may apply to the Board for relief, and the Board may order the company to provide for such use, connection or communication, upon such terms as to compensation as the Board deems just and expedient, and may order and direct how, when, where, by whom, and upon what terms and conditions Standards of considered. Application of provisions as to joint tariff. such use, connection or communication shall be had, constructed, installed, operated and maintained. 6. Upon any such application the Board shall, in addition to any other consideration affecting the case, take into consideration the standards, as to efficiency and otherwise, of the apparatus and appliances of such telephone systems or lines, and shall only grant the leave applied for in case and in so far as, in view of such standards, the use, connection or communication applied for can, in the opinion of the Board, be made or exercised satisfactorily and without undue or unreasonable injury to or interference with the telephone business of the company. 7. Where the telephone system or line operated by the company is used or connected, for purposes of communication as aforesaid, with the telephone system or line operated by another company or by any such province, municipality or corporation, whether the authority of such province, municipality or corporation to construct and operate or to operate such telephone system or line is derived from the Parliament of Canada or otherwise, and whether such connection or communication has been previously or is hereafter established either by agreement of the parties or under an order of the Board, the provisions of The Railway Act with respect to joint tariffs, in so far as they are applicable and not inconsistent with this Part or the special Act, shall apply to such company or companies and to such Enforcement province, municipality or corporation; and the Board shall have, for the enforcement of its orders in this respect, in addition to all other powers possessed by it therefor, the power to order a discontinuance of such connection or communication between such different telephone systems or lines. of orders. Working agreements to be approved by Board. Application of Railway Act. 8. All contracts, agreements and arrangements between the company and any other company, or any province, municipality or corporation having authority to construct or operate a telephone system or line, whether such authority is derived from the Parliament of Canada or otherwise, for the regulation and interchange of telephone messages or service passing to and from their respective telephone systems and lines, or for the division or apportionment of telephone tolls, or generally in relation to the management, working or operation of their respective telephone systems or lines, or any of them, or any part thereof, or of any other systems or lines operated in connection with them or either of them, shall be subject to the approval of the Board, and shall be submitted to and approved by the Board before such contract, agreement or arrangement shall have any force or effect. 5. The several provisions of The Railway Act with respect to of provisions the jurisdiction of the Board, practice and procedure upon applications to the Board, appeal to the Supreme Court or the Governor in Council, offences and penalties, and the other provisions of the said Act (except sections 9, 79 to 243, both inclu |