Definitions
194.(1)In this section, “municipal public utility” means a public utility owned and operated by a municipality; (“service public municipal”) “municipal public utility easement” means an easement of a municipality in respect of a municipal public utility; (“servitude d’un service public municipal”) “municipality” includes a regional, metropolitan or district municipality, the County of Oxford and a local board within the meaning of the Municipal Affairs Act; (“municipalité”) “public utility” means a water works or water supply system, sewage works, steam or hot water distribution system, electrical power or energy generating, transmission or distribution system, street lighting system, natural or artificial gas works or supply system, or a transportation system. (“service public”) R.S.O. 1990, c. M.45, s. 194 (1). Application (1.1)This section applies to a corporation established under the Business Corporations Act pursuant to section 142 of the Electricity Act, 1998 as if it were a municipal public utility. 1998, c. 15, Sched. E, s. 19 (2). Dominant tenement (2)A municipal public utility easement does not have to be appurtenant or annexed to or for the benefit of any specific parcel of land to be valid. Restriction (3)Part III of the Registry Act does not apply to a claim of a person in respect of a part of a municipal public utility constructed on land before the 21st day of June, 1990 with the consent or acquiescence of the owner of the land. Interference with utilities (4)No person shall interfere with a part of a municipal public utility for which there is no municipal public utility easement unless, (a) the municipality consents; or (b) the interference is authorized by a court order under this section. Court orders with respect to utilities (5)The Ontario Court (General Division) may make an order authorizing interference with a part of a municipal public utility on the application of a person who has an interest in the land where the part is located if the use of the land by the person is substantially affected. Notice (6)A person making an application for an order under subsection (5) in respect of a part of a municipal public utility shall give the municipality ninety days notice of the application or such other notice as the court may direct. Other orders (7)In making an order under subsection (5), the court may make such other orders as it considers necessary including an order that the applicant provide an easement for the alternative location of the public utility for such compensation as the court may determine. Stay of orders (8)The court shall stay an order under subsection (5) at the request of the municipality for such time as the court determines to allow the municipality to acquire an interest in land to accommodate the part of its public utility that is subject to the order. Right to repair utilities (9)Subject to any court order under this section, a municipality may enter upon any land to repair and maintain its public utilities. Utilities located by mistake (10)If, before the 21st day of June, 1990 a municipality located a part of a municipal public utility where it had no right to do so in the mistaken belief that the part was being located on a municipal road allowance, the municipality that owns and operates the utility shall be deemed to have an easement in respect of the utility and the owner of the land on which the part is located shall be entitled to compensation for the easement determined in accordance with the Expropriations Act. Offence (11)Every person who knowingly contravenes subsection (4) is guilty of an offence. R.S.O. 1990, c. M.45, s. 194 (2-11). Deferred Widening, etc., of Highway