jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions
1. In this Act, “Board” means the Ontario Municipal Board; (“Commission des affaires municipales”) “Commission” means the Ontario Telephone Service Commission; (“Commission”) “commissioners” means the persons elected by the subscribers of a municipal telephone system for the control and management of the system; (“commissaires”) “initiating municipality” means a municipality that has established a municipal telephone system under this Act or a predecessor of this Act; (“municipalité intéressée”) “municipal telephone system” means a telephone system, other than a public utility, established by by-law of a municipality under a predecessor of this Act; (“réseau téléphonique municipal”) “plant” means the buildings, works, apparatus and equipment, including vehicles, used in the operation of a telephone system; (“installation”) “rate” means any rental or charge for supplying telephone exchange service and all services associated therewith; (“taux”) “regulations” means the regulations made under this Act; (“règlements”) “subscriber”, in respect of a municipal telephone system, means a landowner who has signed a petition to the council of a municipality requesting the establishment or extension of a telephone system that is afterwards established or extended pursuant to the petition or upon whose property an annual rate is or may be levied and collected for the purpose of paying the cost of establishing and maintaining the system or the extension or any reconstruction, replacement or alteration of the system or any part thereof, and also means a person who, being a subscriber as defined above, has fully paid all annual rates in respect of the establishment of the system or of its extension and the cost of maintenance during the period for which debentures have been issued to pay the cost of the establishment or extension and who continues thereafter to take telephone service from the system on the basis of paying such charges therefor as are approved; (“abonné”) “toll” means any charge, other than a rate, for the transmission of telephone messages. (“redevance”) R.S.O. 1990, c. T.4, s. 1.
Telephone Service Commission
2. (1) The Ontario Telephone Service Commission is continued as a body corporate under the name Ontario Telephone Service Commission in English and Commission ontarienne des services téléphoniques in French. Membership (2) The Commission shall consist of three or more members appointed by the Lieutenant Governor in Council. Chair and vice-chair (3) The Lieutenant Governor in Council may designate one of the members as chair and one of them as vice-chair. Remuneration (4) The members shall receive such remuneration and expenses as the Lieutenant Governor in Council determines. Quorum (5) Two members constitute a quorum. R.S.O. 1990, c. T.4, s. 2.
When vice-chair may act
3. (1) In the absence of the chair or in the case of his or her inability to act or if there is a vacancy in the office, the vice-chair may act as and has all the powers of the chair, including the power to complete any unfinished matter. Presumption where vice-chair has acted (2) Where the vice-chair has acted in place of the chair, it shall be presumed conclusively that he or she so acted in the absence or disability or vacancy in the office of the chair. R.S.O. 1990, c. T.4, s. 3.
Staff
4. The Lieutenant Governor in Council may appoint a secretary and such other employees as may be necessary for the conduct of the affairs of the Commission. R.S.O. 1990, c. T.4, s. 4.
Administration costs
5. The money required for the purposes of the Commission shall be paid out of the money appropriated therefor by the Legislature. R.S.O. 1990, c. T.4, s. 5.
Jurisdiction of Commission
6. (1) The Commission has jurisdiction and power to hear and determine all applications made, proceedings instituted and matters brought before it under this Act or under the regulations and, for such purposes, to make such orders and rules, to give such direction, to issue such certificates and perform all acts as it considers necessary. Powers of investigation (2) For the purpose of any proceeding under subsection (1), the Commission has the powers of a commission under Part II of the Public Inquiries Act, which Part applies to such proceeding as if it were an inquiry under that Act. Witness fees (3) Every person summoned to attend before the Commission shall, in the discretion of the Commission, receive the like fees and allowances for so doing as if summoned to attend before the Ontario Court (General Division). Jurisdiction to make orders (4) Without limiting the generality of subsections (1) and (2), the Commission has the jurisdiction to make orders, (a) setting out the terms and conditions to be in contracts between any class of telephone system and affiliated persons, and between any class of telephone system and other person offering telephone services; (b) governing the nature and quality of any class of telephone services; (c) concerning installation of and maintenance and access to telephone facilities; (d) concerning accounts issued by any class of telephone system; (e) regulating and controlling business procedures of any class of telephone system including, (i) accounting methods, (ii) costing methods, and (iii) reporting of financial, construction and investment plans; (f) requiring the provision of any class of telephone service to applicants therefor and setting out the terms thereof. Order may be specific (5) Any order of the Commission may be general or particular in its application, may be limited as to time, place, type of service or any combination thereof and may exclude any place from the application of any order. R.S.O. 1990, c. T.4, s. 6.
Reference to a member
7. The chair may authorize any one of the members of the Commission to report to the Commission upon any question or matter arising in connection with the business of the Commission and, when so authorized, such member has all the powers of the Commission for the purpose of taking evidence and acquiring information for the purposes of the report and, upon the report being made to the Commission, it may be adopted as the order of the Commission or otherwise dealt with as the Commission considers proper. R.S.O. 1990, c. T.4, s. 7.
When orders effective
8. All orders made by the Commission are effective upon being issued under the seal of the Commission by the secretary-registrar or another person designated by the chair. R.S.O. 1990, c. T.4, s. 8.
Sittings
9. (1) The Commission shall sit at such times and places as the chair from time to time designates and shall conduct its proceedings in such manner as seems to it most convenient for the speedy and effectual dispatch of its duties. Idem (2) The sittings of the Commission may be either private or open to the public, but any complaint made to the Commission shall, upon the application of any party thereto, be heard publicly. Use of court house (3) Where the sittings of the Commission are appointed to be held in a municipality in which a court house is situate, the Commission and its members have in all respects the same rights as a judge of the Ontario Court (General Division) in respect of the use of the court house, or any part thereof, and of other buildings and apartments set aside in the municipality for the administration of justice. Use of town hall (4) Where the sittings of the Commission are appointed to be held in a municipality in which there is a municipal hall but no court house, the municipality shall, upon request, allow such sittings to be held in such hall and shall make all arrangements necessary and suitable for the purpose. Procedural rules (5) The Commission may make such rules governing the practice and procedure applicable to proceedings before it as it may from time to time consider necessary. Hearings (6) The Commission may, in its sole discretion, determine whether it is necessary to hold a hearing but, when a hearing is held, the Statutory Powers Procedure Act applies. R.S.O. 1990, c. T.4, s. 9.
Variation of orders, etc.
10. The Commission may rehear any application and may review, amend or revoke its decisions, orders, directions, consents or approvals and may within its jurisdiction review, amend or revoke the decisions, orders, directions, rules or approvals made by the Commission or any predecessor of the Commission. R.S.O. 1990, c. T.4, s. 10.
Determination of disputes
11. The Commission has exclusive jurisdiction to hear and determine any differences that arise between two or more telephone systems or municipalities in respect of the establishment, extension, operation or maintenance of a telephone system or in respect of any act, matter or thing required to be done by them or any of them under this Act, and to make such orders in respect thereof as it considers proper. R.S.O. 1990, c. T.4, s. 11.
Inquiry as to whether rates sufficient
12. The Commission may from time to time inquire whether the rates and tolls charged for the service rendered by a telephone system, other than a municipal telephone system, are sufficient to pay the funded debt and interest accruing thereon and the cost of operation and maintenance and a reasonable return on capital investment, or whether greater rates are charged than are sufficient for such purposes, and the Commission may order such revision or adjustment of the rates or tolls as it considers proper. R.S.O. 1990, c. T.4, s. 12.
Examination of and report upon telephone system
13. (1) The Commission, whenever it appears to be expedient or necessary for the purpose of carrying into effect any of the provisions of this Act or upon any application, complaint or dispute before the Commission or in connection with any matter or thing over which the Commission has jurisdiction, may direct any person to examine and report upon the construction, operation or management of a telephone system, and for that purpose such person may at all reasonable hours enter any building, office or other premises belonging to or connected with the system and examine all books, accounts, tariffs, rates, balance sheets and other papers, records and documents relating to the system and examine the switchboards, instruments, toll stations and all other property that belongs to or forms a part of the system. Powers of examiner (2) The person directed to make such examination and report has and may exercise any of the powers set out in section 53 of the Ontario Municipal Board Act. Implementation of report of examiner (3) Upon receiving the report of the person directed to make examination and report, the Commission may adopt the report in whole or in part and may thereupon make such order in respect of the subject-matter of the report as it considers proper. R.S.O. 1990, c. T.4, s. 13.
Powers of Commission to hear complaints
14. The Commission may inquire into, hear and determine an application by or on behalf of any person, (a) complaining that a telephone system has failed to do any act, matter or any thing required to be done by it under this Act or the regulations or under a predecessor of this Act or that a system has done or is doing anything contrary to this Act or the regulations; (b) complaining that a system is charging rates or tolls in excess of those approved by the Commission; (c) requesting the Commission to make any order or give any direction or approval that by law it is authorized to make or give. R.S.O. 1990, c. T.4, s. 14.
Powers of Commission exercisable on its own motion
15. (1) The Commission of its own motion may order any person, system or municipality to do forthwith or within any specified time and in the manner directed by the Commission anything that any person, system or municipality is or may be required to do under this Act or the regulations, and the Commission may, by its order, forbid the doing or continuing of anything that is in contravention of this Act or the regulations. Penalty for refusal or neglect to obey order of Commission (2) Every person, system or municipality that refuses or neglects to comply with an order of the Commission made under subsection (1) is guilty of an offence. R.S.O. 1990, c. T.4, s. 15.
Guidelines
16. (1) The Lieutenant Governor in Council may by order binding on the Commission, (a) set out criteria or guidelines to be applied by the Commission in deciding any matter subject to the jurisdiction of the Commission; (b) require the Commission to undertake an investigation and make a report concerning any matter that in the opinion of the Lieutenant Governor in Council affects the provision of telephone services in Ontario, or to require the Commission to take any action or perform any function within the jurisdiction of the Commission. Not retroactive (2) An order made under clause (1)(a) does not bind the Commission in respect of a matter before the Commission at the time the order is made. Publication (3) All orders made under clause (1)(a) shall be published in The Ontario Gazette. R.S.O. 1990, c. T.4, s. 16.
Stated case
17. (1) The Commission may, of its own motion or upon the application of any party to proceedings before the Commission and upon such security being given as it may direct, state a case in writing for the opinion of the Divisional Court upon any question that, in the opinion of the Commission, is a question of law. Idem (2) The Divisional Court shall hear and determine the stated case and remit it to the Commission with the opinion of the court thereon. R.S.O. 1990, c. T.4, s. 17.
Rescission or orders by Lieutenant Governor in Council
18. The Lieutenant Governor in Council may at any time upon petition of any party, all parties first having been heard, vary or rescind any order or decision of the Commission and any order that the Lieutenant Governor in Council makes with respect thereto is binding upon the Commission and all parties. R.S.O. 1990, c. T.4, s. 18.
Appeals of question of jurisdiction and law
19. (1) An appeal lies from the Commission to the Divisional Court upon any question of jurisdiction or upon any question of law, but no such appeal lies unless leave to appeal is obtained from the court within one month of the making of the order or decision sought to be appealed from or within such further time as the court under the special circumstances of the case allows after notice to the opposite party, if any, stating the grounds of appeal. Notice of appeal (2) Upon such leave being obtained, the registrar of the court shall set the appeal down for hearing at the next sittings of the court and the party appealing shall, within ten days, give to the parties affected by the appeal, or to the solicitors by whom such parties were represented before the Commission, and to the Commission notice in writing that the case has been so set down and the appeal shall be heard and disposed of by the court as speedily as practicable. Opinion of court (3) On the hearing of an appeal under this section, the court may draw such inferences as are not inconsistent with the facts expressly found by the Commission and necessary for determining the question of jurisdiction or law, as the case may be, and shall specify its opinion to the Commission and the Commission shall make an order in accordance with such opinion. Commission may be heard (4) The Commission is entitled to be heard by counsel or otherwise upon the argument of any such appeal. Commission not liable for costs (5) The Commission or any member thereof is not liable for costs in connection with any appeal or application for leave to appeal under this section. R.S.O. 1990, c. T.4, s. 19.
Orders of Commission final and binding
20. Except as provided in sections 18 and 19 every order and decision of the Commission is final and binding. R.S.O. 1990, c. T.4, s. 20.
Orders may be general or particular
21. An order of the Commission may be general or particular in its application territorially or as to time or otherwise. R.S.O. 1990, c. T.4, s. 21.
Order not a regulation
22. An order of the Commission made under this Act is not a regulation within the meaning of the Regulations Act. R.S.O. 1990, c. T.4, s. 22.
Costs of proceedings before Commission
23. The costs of and incidental to any proceedings before the Commission are in the discretion of the Commission, and the Commission may order by whom and to whom any costs are to be paid. R.S.O. 1990, c. T.4, s. 23.
Annual report
24. The Commission shall, after the close of each calendar year, make an annual report upon the affairs of the Commission to the member of the Executive Council to whom the administration of this Act is assigned, who shall submit the report to the Lieutenant Governor in Council and shall then lay the report before the Assembly if it is in session or, if not, at the next session. R.S.O. 1990, c. T.4, s. 24; 1999, c. 12, Sched. H, s. 5.
Electricity
25. Nothing in this Act confers upon the Commission any jurisdiction as to matters that are under the Electricity Act, 1998 or the Ontario Energy Board Act, 1998. 1998, c. 15, Sched. E, s. 47.
Regulations
26. (1) The Lieutenant Governor in Council may make regulations, (a) prescribing classes of telephone systems and classes of telephone services; (b) prescribing terms and conditions and rules applicable to any class of telephone system and customers in respect of classes of telephone services; (c) exempting any class of telephone system from the application of any section of this Act and prescribing conditions for the exemption; (d) exempting any class of telephone service from any section of this Act and prescribing conditions for exemptions. Application (2) Any regulation may be general or particular in its application, may be limited as to time, place, type of service or any combination thereof and may exclude any place from the application of the regulation. R.S.O. 1990, c. T.4, s. 26.
Establishment and operation of telephone system as public utility
27. Any municipality may establish and carry on a telephone system as a public utility and for the purposes of such system may construct, maintain and operate in, over, under, upon or across the highways, lanes, parks, squares and other public ways, passages and places in the municipality, or in, over, under, upon or across the land of any person therein, an underground or overhead or partly underground and partly overhead telephone plant and do all things necessary or convenient for the purpose including the issue of debentures to meet the cost of the same. R.S.O. 1990, c. T.4, s. 27.
Acquisition of existing systems
28. A municipality may, for the purpose of establishing or carrying on a telephone system as a public utility, acquire by purchase or lease or, subject to sections 35 to 86 in that behalf, may expropriate any system in the municipality. R.S.O. 1990, c. T.4, s. 28.
Debentures of acquired system to be paid by municipality
29. Where a municipal system is acquired by a municipality under section 28, any debentures theretofore issued in respect of the municipal telephone system and then outstanding and unpaid cease to be a charge upon the lands of the respective subscribers or any of them and the debentures as they mature and fall due and the interest upon them become a first charge against the revenues of the system, and, if such revenues are insufficient in any one or more years, they shall be met and paid by a special rate to be imposed by the municipality upon all rateable property in the municipality. R.S.O. 1990, c. T.4, s. 29. 30. Repealed: 1996, c. 32, s. 99 (1).
Debentures of acquired system to be paid by municipality
30. Repealed: 1996, c. 32, s. 99 (1).
Right of passage
31. Where parts of a building in a municipality are owned or occupied by different persons, the municipality may carry wires to any part of such building, and for that purpose may pass over or through or under the property belonging to any owner or in the possession of any tenant or occupant. R.S.O. 1990, c. T.4, s. 31.
Public utility includes telephone system
32. Parts III and IV of the Public Utilities Act apply with necessary modifications to a municipality establishing and carrying on a telephone system as a public utility, and the expression “public utility”, where it occurs in those Parts, includes a telephone system. R.S.O. 1990, c. T.4, s. 32.
Borrowing money for extension or acquisition
33. (1) Where a municipality has constructed, purchased or acquired or constructs, purchases or acquires a telephone system under section 27 or 28 or where it has undertaken the construction, purchase or acquisition of such a system and it appears that the cost of the construction, purchase or acquisition has exceeded or will exceed the amount already provided for that purpose or where it is considered expedient by the council of the municipality to construct an extension or an improvement of the system, the council may pass a by-law for borrowing such further or other sums as may be necessary to complete, extend or improve the system or for the purchase or acquisition of the system or to meet the cost of any extension or improvement already made to the system. R.S.O. 1990, c. T.4, s. 33 (1); 1996, c. 32, s. 99 (2). (2) Repealed: 1996, c. 32, s. 99 (3). (3) Repealed: 1996, c. 32, s. 99 (3).
Application of other provisions
34. Sections 42 to 44, sections 53 to 56, section 62, sections 80 to 84, section 86, sections 89 to 99 and sections 102 to 115 apply with necessary modifications to a municipality carrying on a telephone system as a public utility. R.S.O. 1990, c. T.4, s. 34.
Petition for establishment of system
35. A petition signed by not less than ten assessed landowners may be presented to the council of a local municipality praying for the establishment of a municipal telephone system. R.S.O. 1990, c. T.4, s. 35.
Petition for extension of system
36. A petition signed by one or more assessed landowners may be presented to the council of a local municipality or the commissioners, as the case may be, in which a municipal telephone system has been established praying for an extension of the system so as to serve the assessed landowner’s premises, as the case may be. R.S.O. 1990, c. T.4, s. 36.
Particulars to be stated in petition and removal of names
37. A petition under section 35 or 36 shall set forth such particulars as the Commission requires, and a signature after being affixed to the petition shall not be removed therefrom except with the approval of the Commission, but no application for such approval shall be considered by the Commission after the lapse of six months from the date of the passing of the by-law for the establishment of the municipal telephone system or, in the case of a petition for an extension to the system, after the lapse of six months from the date upon which the signature was affixed to the petition. R.S.O. 1990, c. T.4, s. 37.
Adding signatures to petition
38. Where the petition for the establishment or extension of a municipal telephone system requests that debentures of the initiating municipality be issued to pay the cost of the work, any additional landowner may, with the permission of the council or the commissioners, as the case may be, at any time before the passage of the debenture by-law, affix the additional landowner’s signature to the petition, and thereupon and thereafter the additional landowner has all the rights and is subject to all the obligations of the original signatories to the petition. R.S.O. 1990, c. T.4, s. 38.
Petition to constitute contract
39. The petition constitutes a valid and binding contract on the part of each person signing it to repay to the initiating municipality the person’s share of the cost of establishing or extending the municipal telephone system, as the case may be, and operating and maintaining the system. R.S.O. 1990, c. T.4, s. 39.
By-law for establishment of system
40. Upon the receipt of a petition praying for the establishment of a municipal telephone system, the council of the initiating municipality may by by-law, at the expense of the subscribers and subject to such conditions as may be set forth in the by-law, provide for the establishment of the system and for the maintenance and operation of the system. R.S.O. 1990, c. T.4, s. 40.
Construction of extensions
41. After the establishment of a municipal telephone system, the initiating municipality may from time to time, upon the receipt of a petition praying for an extension of the system, construct any extension that seems expedient and necessary in order to supply telephone service to the petitioners. R.S.O. 1990, c. T.4, s. 41.
Extension of system to another municipality
42. The council of the initiating municipality or the commissioners, as the case may be, may from time to time extend the system into another municipality with the consent of the council of such other municipality or, without such consent, with the approval of the Commission. R.S.O. 1990, c. T.4, s. 42.
Extension of system into unorganized territory
43. Subject to section 101, the council of the initiating municipality or the commissioners, as the case may be, may, with the consent of the Commission, extend the system into territory without municipal organization, and the part of such territory into which the system is extended, to be defined by the Commission, shall, for the purposes of this Act, be deemed to be annexed to the initiating municipality, and the council and officers thereof shall levy and collect all rates and tolls under this Act and do all acts and perform all duties and are subject to the same liabilities in respect of such part as, for the purposes of this Act, they may do, perform and are subject to with respect to the initiating municipality. R.S.O. 1990, c. T.4, s. 43.
Approval of by-laws, plans and specifications
44. (1) The initiating municipality, before proceeding to establish a system, shall furnish to the Commission a certified copy of the by-law providing for the establishment of the system, together with such plans, particulars of the cost of the work and such other information as the Commission requires, and no debt shall be incurred for the construction of the system or for the purchase of material to be used in the construction of its plant until the Commission has consented to the by-law. R.S.O. 1990, c. T.4, s. 44 (1); 1996, c. 32, s. 99 (4). Extensions (2) The by-laws may provide in general terms for the making of extensions to the system from time to time thereafter and, upon the receipt of a petition for an extension, the initiating municipality may from time to time construct the extension, and, if any such extension requires the issue of debentures, the by-law authorizing the issue shall recite the making of the extension and shall adopt and confirm the same. R.S.O. 1990, c. T.4, s. 44 (2).
Location of exchange
45. The council of an initiating municipality or the commissioners, as the case may be, shall determine the location of any exchange or switchboard of the system and any relocation of the same. R.S.O. 1990, c. T.4, s. 45.
Ownership of system
46. A municipal telephone system established or extended is vested in the initiating municipality in trust for the benefit of the subscribers, and the municipality is liable for all the obligations of the system and has and may exercise all or any of the powers conferred on a municipality by sections 27, 28 and 31. R.S.O. 1990, c. T.4, s. 46.
Issuing debentures for cost of work
48. (1) Where the subscribers or a majority of them, in a petition for the establishment or extension of the system, request that the payment of the cost of the work be extended over a period not exceeding twenty years and that debentures of the initiating municipality be issued to pay the cost of the work, the council of the initiating municipality in the by-law providing for the establishment or extension of the system, or in a subsequent by-law, may provide for the issue of debentures payable within a period not exceeding twenty years from the date of the issue thereof and that the proceeds of the debentures shall be applied in payment of the cost of establishing or extending the system, as the case may be, and for levying a special rate upon the property of the subscribers sufficient to discharge the debt so incurred in equal annual instalments of principal and interest. R.S.O. 1990, c. T.4, s. 48 (1). (2) Repealed: 1996, c. 32, s. 99 (5).
Agreement for advances
49. The initiating municipality may, subject to subsection 44 (1) and subsection 48 (2), agree with any person for temporary advances to meet the cost of the work until the completion thereof and may then pass the necessary by-law authorizing the issue of debentures out of the proceeds of which the temporary advances shall be paid, but the by-law for the issue of debentures shall be passed not later than two years after the passing of the by-law for the establishment or extension of the system, as the case may be, and the debentures shall be issued within twelve months after the passing of the by-law authorizing the issue of the debentures, but the municipality may extend beyond two years the period within which the by-law for the issuing of debentures may be passed and may extend beyond twelve months the period within which the debentures may be issued, and such extension of time may be granted although the application therefor is not made until after the expiration of such period of two years or twelve months, and in such case the by-law may be passed or the debentures issued within the extended time. R.S.O. 1990, c. T.4, s. 49; 1996, c. 32, s. 99 (6).
Reconstruction, replacement or alteration of system
50. (1) Where, in the opinion of the council of the initiating municipality or the commissioners, as the case may be, it is necessary or expedient to reconstruct, replace or alter the system or any part thereof and to issue debentures of the initiating municipality to meet the cost thereof, the council of the initiating municipality may, with the prior approval of a majority of the subscribers present in person or represented by proxy at a general meeting of the subscribers called for the purpose and the prior approval of the Board, pass a by-law authorizing the doing of the work. R.S.O. 1990, c. T.4, s. 50 (1); 1996, c. 32, s. 99 (7). How cost paid (2) The Board shall determine the landowners who shall defray the cost of such reconstruction, replacement or alteration, and the lands upon and in respect of which the special rate shall be levied to discharge the debenture debt so incurred, with interest. R.S.O. 1990, c. T.4, s. 50 (2); 1996, c. 32, s. 99 (8). Provisions of Act to apply (3) The provisions of this Act as to debentures apply to debentures issued under this section. R.S.O. 1990, c. T.4, s. 50 (3).
Extension for non-landowners
51. The initiating municipality may, with the approval of the subscribers and without obtaining the assent of the electors, pass by-laws authorizing the issue of debentures to meet the cost of making an extension or extensions to the system for the purpose of furnishing telephone service to persons who are not landowners. 1996, c. 32, s. 99 (9).
Works ordered to be deemed extension of system
52. Where an initiating municipality has been ordered by the Board or is ordered by the Commission to construct works under this Act, such works shall be deemed to be an extension of the system of such municipality and the council of the initiating municipality has and may exercise in respect of such works the like powers as are vested in the council by this Act in respect of the construction of an extension of a system and the issue of debentures to meet the cost thereof, and such powers may be exercised without a petition from the subscribers to the system or any of them. R.S.O. 1990, c. T.4, s. 52.
Purchase by municipality of existing system
53. An initiating municipality may, with the consent of the Commission and the approval of the Board, by agreement with the owner acquire by purchase all or any part of any existing telephone system in the municipality or any part of such system in another municipality with the consent of the council of such other municipality and, failing such consent, with the approval of the Commission. R.S.O. 1990, c. T.4, s. 53.
Acquisition of system by agreement or expropriation
54. (1) For the establishment or extension of a telephone system or to avoid duplication of systems or any part thereof, an initiating municipality may offer to purchase at a fixed price a telephone system or any part thereof, and, if the owner does not accept the price so offered within one month from the date of the offer, the initiating municipality may, with the consent of the Commission and the approval of the Board, expropriate the system or the part thereof that it offered to purchase and the compensation to be made upon such expropriation shall be determined by the Commission, except that, where the expropriation includes the expropriation of land as defined in the Expropriations Act, that Act applies. Damage resulting from severance (2) In fixing the price to be offered or the compensation to be made where part only of a system is proposed to be purchased or is expropriated, there shall be included in the price or compensation, as the case may be, a sum sufficient to compensate the owner of the system for any damage directly resulting from the severance. R.S.O. 1990, c. T.4, s. 54.
Arbitration by Commission where parties fail to agree
55. Where a municipality owning and operating or intending to own and operate a telephone system has taken proceedings under this Act to acquire a part of the system of a municipality operating in the first-named municipality or in an adjoining municipality and the parties are unable to agree upon the price to be paid therefor, the Commission may prohibit further proceedings or may approve the acquisition and settle the terms and conditions thereof including the price to be paid and all other matters proper to be taken into consideration. R.S.O. 1990, c. T.4, s. 55.
Powers of council to borrow money and to issue debentures
56. Where the council of an initiating municipality acquires by purchase or expropriation an existing telephone system or part thereof, the powers vested by this Act in the council of the initiating municipality as to borrowing by way of temporary advances and in respect of the issue of debentures for the establishment or extension of a system may be exercised by the council of the initiating municipality for the purpose of defraying the cost of such purchase. R.S.O. 1990, c. T.4, s. 56.
Liability of subscribers
57. The cost of establishing a municipal telephone system or of an extension thereto shall be defrayed by the subscribers whose signatures are affixed to the petition for such establishment or extension in equal proportions or in such other proportions as are fixed by the council of the initiating municipality with the approval of the Commission, and, in case of default in payment by any subscriber of the amount so fixed, it may be collected as an ordinary debt by action against the person liable therefor or may be added to the collector’s roll as taxes due from the person and may be collected in the same manner as other taxes. R.S.O. 1990, c. T.4, s. 57.
Special rate a charge on land
58. (1) Where the subscribers have requested that debentures of the initiating municipality be issued to pay the cost of the work, the special rates assessed against the land of a subscriber are a charge upon the land designated by the subscriber in the petition for the establishment or extension of a system and being land owned by the subscriber when the subscriber signed the petition, and shall, despite a change in the ownership of the land, continue to be a charge thereon until such rates have been fully paid, and such rates may, as they become payable, be collected as an ordinary debt by action against the person liable therefor or may be placed upon the collector’s roll against the land as taxes due from the owner of the land and may be collected in the same manner as other taxes, and this section applies to all such rates heretofore or hereafter assessed against any lands under this Act or any predecessor of this Act. Commutation of special rates (2) Where land is liable to be specially assessed to meet the cost of the work, any subscriber may commute, for a payment in cash, the special rates assessable against the land forthwith after the actual cost of the work and the proportion of the cost payable by the subscriber have been ascertained. R.S.O. 1990, c. T.4, s. 58.
Cost of maintenance
59. (1) The cost of maintenance of a municipal telephone system shall be defrayed by the subscribers in equal proportions or in such other proportions as are fixed by the council of the initiating municipality and approved by the Commission and is a charge on the lands of the subscribers in the same proportion, and may be collected in the same manner and with the same remedies, as the cost of the establishment or extension of a system or as any special rate assessed against the land of a subscriber in respect of such cost. Collections of tolls paid to other systems for subscribers (2) Any tolls or money paid by the initiating municipality to any other system for telephone service furnished by such system to any subscriber of the initiating municipality are a charge upon the land of the subscriber and may be collected by the initiating municipality in the same manner and by the same remedies as the cost of the maintenance of the system. R.S.O. 1990, c. T.4, s. 59.
Release of subscribers from liability
60. (1) Where there are not outstanding debentures of a municipal telephone system, a subscriber may be released and discharged from all liability in respect of the system upon application to the Commission. Idem (2) Where debentures of a municipal telephone system are outstanding, a subscriber who has fully paid the subscriber’s share of all instalments of principal and interest due or to become due under the debenture by-law, together with all other charges payable by the subscriber in respect of the system, may be released and discharged from all liability in respect of the system upon application to the Commission. Release on discontinuation of service (3) Where telephone service of a municipal telephone system has been discontinued, any subscriber for such service, or any lands of the subscriber, may be released and discharged from all liability in respect of the system, other than liability under subsection 47 (4), upon application to the Commission. Release on sale (4) Where part only of the system has been sold or otherwise disposed of and where the money received by the system from the sale or disposition is equal to or exceeds the proportion of the debenture debt, interest thereon, maintenance costs and other costs chargeable under this Act at the date of sale against lands within the part of the system so sold or disposed of, the subscribers within such part are released and discharged from all liability in respect of the system. When subscribership ceases (5) Where, under this section, any subscriber is released and discharged from liability or the whole of the lands of a subscriber are released and discharged from liability, such subscriber ceases to be a subscriber. Release subject to contract charges (6) A release and discharge from liability under this section does not discharge any person from any liability that may arise under any contract for telephone service. R.S.O. 1990, c. T.4, s. 60.
Inquiry as to sufficiency of rates
61. (1) The Commission may from time to time inquire whether the rates and tolls charged for the service rendered by a municipal telephone system are sufficient to pay the cost of operation and maintenance of the system and the instalments of principal and interest on any outstanding debentures, or whether greater rates are charged than are sufficient for such purposes, and the Commission may order such revision or adjustment of the rates or tolls as it considers proper. How deficiency made up (2) Where the revenues of a municipal telephone system are insufficient in any year to meet the cost of operation and maintenance of the system and the instalments of principal and interest falling due in such year on account of any outstanding debentures of the initiating municipality issued for the telephone system, the deficiency shall be paid out of the general funds of the initiating municipality and the amount so paid constitutes a debt due from the subscribers to the initiating municipality and may be collected in the same manner as any other debt due by subscribers under this Act. Increased revenues (3) A municipal telephone system may, in extraordinary circumstances, with the approval of the Commission, earn greater revenues than provided for in this section where such revenues are used for the purpose of complying with an order of the Commission. R.S.O. 1990, c. T.4, s. 61.
Validity of rate
62. Any question arising as to the validity of any special rate levied under this Act shall be determined by the Commission on an application to it for that purpose. R.S.O. 1990, c. T.4, s. 62.
Prescribing terms of connection
63. The council of the initiating municipality or the commissioners, as the case may be, may prescribe the terms on which a person not being a subscriber may have premises connected with the system and the rate at which the person may receive telephone service, and any such rate that heretofore has been approved by the Board or may hereafter be approved by the Commission may be collected in the same manner and with the same remedies as a rate due and unpaid by a subscriber, but such rate does not become a charge against the land. R.S.O. 1990, c. T.4, s. 63.
Council to manage system
64. Until the control and management of a municipal telephone system is placed under commissioners, the system is under the control and management of the council of the initiating municipality. R.S.O. 1990, c. T.4, s. 64.
Petition for management by commissioners
65. (1) Upon the petition of a majority of the subscribers, the council of the initiating municipality shall place the telephone system under the control and management of commissioners (who shall be designated “The Commissioners for the Telephone System of the Municipality of ..................” and may also be designated “Les commissaires du réseau téléphonique de ..................”), a majority of whom may exercise all the powers of the commissioners. Number of commissioners (2) Where the system is in the initiating municipality only, there shall be three or five commissioners and, where the system extends into one or more other municipalities, there shall be an odd number of commissioners, not less than three. Idem (3) Subject to subsection (2), the number of commissioners first elected shall be as specified in the petition. Increase or decrease in number of commissioners (4) Subject to subsection (2), the commissioners may by by-law increase or decrease the number of commissioners, but no such by-law shall come into force until confirmed at a general meeting of the subscribers called for the purpose or at the next annual meeting of the subscribers, and if so confirmed such by-law shall not be amended or repealed until two annual elections have been held under it. R.S.O. 1990, c. T.4, s. 65.
Election of commissioners
66. Except as authorized under clause 71 (1) (d), the commissioners shall be elected each year at the annual general meeting of the subscribers or at a general meeting called for the purpose, and the commissioners shall hold office until their successors are elected. R.S.O. 1990, c. T.4, s. 66.
Eligibility
67. (1) No person is eligible for election as a commissioner unless he or she is a subscriber to the municipal telephone system. Disqualification (2) No assessor, collector, treasurer, clerk, auditor or member, other than the head, of the council of a municipality is eligible to be elected a commissioner. R.S.O. 1990, c. T.4, s. 67.
Vacancies
68. Where a commissioner resigns, dies or becomes incapacitated, the council of the initiating municipality shall immediately appoint a successor who shall hold office until the next general meeting of the subscribers. R.S.O. 1990, c. T.4, s. 68.
Powers of commissioners
69. (1) Upon the election of the commissioners, the control and management of the municipal telephone system are vested in the commissioners and all the provisions of this Act relating to the initiating municipality and the council thereof in respect of the system, except in so far as they or any of them are by this Act expressly excepted, are applicable to the commissioners. Ownership of system and duties of initiating municipality (2) The election of the commissioners does not affect the ownership of the system nor the authority and duty of the initiating municipality to provide from time to time all money required for the establishment and maintenance of the system and any extension thereof, nor the right of the initiating municipality to levy and collect all money and special rates that may be due and owing from time to time by the subscribers. R.S.O. 1990, c. T.4, s. 69.
Security to be given by secretary, etc.
70. The commissioners may require the secretary or any other officer of the municipal telephone system to give such security as they require for the faithful performance of his or her duties and for the accounting for and paying over of all money that comes into his or her possession or control. R.S.O. 1990, c. T.4, s. 70.
By-laws
71. (1) The commissioners may pass by-laws to provide for and regulate, (a) the time and place at which meetings of subscribers shall be held and the manner of calling and the procedure at meetings; (b) the manner of election, duties and remuneration of the commissioners; (c) the control and management of the system; (d) the term of office of the commissioners by extending the term to three years so that at the first election of commissioners for a term of three years one or more of them shall hold office for a term of one year only, one or more of them for a term of two years and the remaining one or more for a term of three years, but such by-laws shall not come into force until confirmed at a general meeting of the subscribers called for the purpose or at the next annual meeting of the subscribers. Remuneration of commissioners (2) A by-law under clause (1) (b) providing for and regulating the remuneration of the commissioners does not require the approval of the Ministry of Intergovernmental Affairs under section 254 of the Municipal Act. R.S.O. 1990, c. T.4, s. 71.
Assumption of control by council of system operated by commissioners
72. Upon the petition of a majority of the subscribers of a municipal telephone system praying that the council of the initiating municipality take over the control and management of the system, the council shall pass a by-law for that purpose, and thereupon the commissioners shall hand over to the council, or some official designated by it, all the property of the system, including all money, vouchers, books, papers, documents and memoranda relating to the system, and thereafter the control and management of the system is vested in the initiating municipality and the council thereof. R.S.O. 1990, c. T.4, s. 72.
Annual meeting
73. Every municipal telephone system shall hold a general meeting of its subscribers in each year not later than the 1st day of April or at such time later in each year as is approved by the Commission. R.S.O. 1990, c. T.4, s. 73.
Financial statement to be sent to subscribers
74. (1) Not less than ten days before the day fixed for holding the annual general meeting, a financial statement shall be sent by first-class prepaid mail or delivered to each subscriber, to each member of the council of the initiating municipality and to the Commission containing, (a) a balance sheet showing in sufficient detail the assets and liabilities of the system as of the 31st day of December last past; (b) a statement of the income and expenditure of the system for the financial year ending on the 31st day of December last past; (c) a copy of the report of the auditor or auditors for the year ending on the 31st day of December last past; (d) such other information respecting the system as the by-law requires or the Commission prescribes. Statement to be submitted to meeting (2) The financial statement mentioned in subsection (1) shall be submitted to the subscribers at the annual general meeting. R.S.O. 1990, c. T.4, s. 74.