jswizzle3737/ontario_laws_and_regs huggingface dataset:
Notice
75. (1) In default of other express provision in the by-laws of the system, notice of the time and place of holding any general meeting of the subscribers shall be given at least ten days before the meeting by first-class prepaid mail or by delivery to each subscriber and to each member of the council of the initiating municipality. Sending notices (2) Notices calling a general meeting of the subscribers and the financial statement shall be sent by the commissioners or by their secretary or other officer and, where the system is under the control and management of the council, by the clerk of the initiating municipality. Business to be stated (3) The notice calling a general meeting of the subscribers shall state the business that is to be transacted at it. R.S.O. 1990, c. T.4, s. 75.
General meeting called on requisition
76. (1) Upon receipt of a requisition in writing, signed by not less than one-tenth of the subscribers, setting forth the objects of the proposed meeting, the commissioners, by their secretary or other officer or, where the system is under the control and management of the council, the clerk of the initiating municipality shall forthwith call a general meeting of the subscribers for the transaction of the business mentioned in the requisition. R.S.O. 1990, c. T.4, s. 76 (1). General meeting called by subscribers (2) If the meeting is not called and held within twenty-one days from the date upon which the requisition was sent or delivered to the chair or secretary of the commissioners or to the clerk of the initiating municipality, as the case may be, one-tenth of the subscribers, whether they signed the requisition or not, may themselves, by notice as provided in section 75, call a general meeting of the subscribers for the transaction of the business. R.S.O. 1990, c. T.4, s. 76 (2); 1993, c. 27, Sched.
General meeting called by council, etc.
77. The council of the initiating municipality or the commissioners, as the case may be, may of their own motion call a general meeting of the subscribers for the transaction of any business. R.S.O. 1990, c. T.4, s. 77.
Who may vote at general meeting
78. No person is entitled to vote at a general meeting of a municipal telephone system unless the person is a subscriber to the system, but any member of the council of the initiating municipality may attend any general meeting and take part in the deliberations thereat, but shall not vote unless the person is a subscriber. R.S.O. 1990, c. T.4, s. 78.
Quorum
79. (1) The presence in person of not fewer than five subscribers representing in person or by proxy at least one-tenth of all the subscribers is necessary to constitute a quorum at a general meeting of the subscribers of a municipal telephone system, and the instrument appointing a proxy shall be in writing under the hand of the appointer or, if such appointer is a corporation, under its seal, and shall be attested by at least one witness, and no person shall be appointed a proxy who is not a subscriber. Quorum not required (2) Where a quorum is not present one hour after the time a general meeting has been called, the meeting shall be adjourned for one week at the same time and place and those subscribers present at the second meeting constitute a quorum. R.S.O. 1990, c. T.4, s. 79.
Duties of municipal officials of initiating municipality
80. Where a municipal telephone system is under the control and management of the initiating municipality, the several officials of the municipality in their respective offices shall do and perform all acts, matters and things herein on their part respectively directed to be done and performed in respect of the system, and, where the system is under the control and management of commissioners, the several officials respectively shall do and perform the acts, matters and things in like manner unless relieved therefrom by the commissioners. R.S.O. 1990, c. T.4, s. 80.
Duties where system extended to another municipality
81. (1) Where a municipal telephone system extends into a municipality other than the initiating municipality, the clerk of the initiating municipality shall, (a) forthwith after its passing, transmit to the clerk of the other municipality a certified copy of every debenture by-law charging with a rate the premises of any subscriber situated in the other municipality; and (b) when so required by the initiating municipality or the commissioners, as the case may be, transmit to the clerk of the other municipality, on or before such date as the council of the other municipality by by-law prescribes, the amount in respect of the debentures and the cost of maintenance payable by each such subscriber. Collection of rates (2) The amount payable by each subscriber shall be placed on the collector’s roll and shall be collected in the same manner as municipal taxes and paid over to the treasurer of the initiating municipality at the end of each month. R.S.O. 1990, c. T.4, s. 81.
Remuneration of municipal officials
82. The initiating municipality or the commissioners, as the case may be, shall pay to the clerk, treasurer and collector of the initiating municipality and to the clerk, treasurer and collector of any other municipality into which its system extends a reasonable remuneration for the services performed by them or any of them under this Act, and such remuneration shall be fixed by agreement between the official performing the service and the council of the municipality or the commissioners, as the case may be, and, failing agreement, by the Commission on an application to it for that purpose. R.S.O. 1990, c. T.4, s. 82.
Breach of duties by municipal officials
83. The clerk, treasurer or collector of any municipality failing or neglecting to do and perform any act, matter or thing required of him or her by this Act or by order of the Commission directed to be done and performed by them respectively is guilty of an offence and on conviction is liable to a fine of not more than $100. R.S.O. 1990, c. T.4, s. 83.
Books to be kept
84. (1) The council of the initiating municipality or the commissioners, as the case may be, shall cause proper books of account to be kept containing full and true statements of, (a) the financial transactions of the system; (b) the assets of the system; (c) the sums of money received and expended in respect of the system and the matters in respect of which such receipt and expenditure took place; (d) the credits and liabilities of the system; (e) the name of every subscriber and the location of the subscribed property, and a book or books containing minutes of all the proceedings and votes at meetings of the council or commissioners and of subscribers verified by the signature of the head of the council, the chair of the commissioners or other presiding officer, as the case may be. Deposit and withdrawal of money (2) All money received in respect of the system shall be deposited forthwith in a bank listed in Schedule I to the Bank Act (Canada) in an account in the name of the system and all expenditures in respect of the system shall be paid by cheque drawn upon such account signed by the head of the council and treasurer of the initiating municipality or such other two signing officers as the council appoints or, where the system is under the control and management of commissioners, by the chair and treasurer or such other two signing officers as the commissioners appoint. R.S.O. 1990, c. T.4, s. 84.
Audit of accounts
85. The accounts and transactions of a municipal telephone system shall be audited at least once in every year by the municipal auditor or auditors appointed and compensated as provided in section 86 of the Municipal Act. R.S.O. 1990, c. T.4, s. 85.
Limitation of actions
86. No action shall be brought against a municipal corporation or any of its officers, agents or servants for anything done or omitted in the construction, operation or maintenance of a municipal telephone system or in the exercise of any of the powers conferred by this Act after the lapse of six months from the time when the cause of action arose. R.S.O. 1990, c. T.4, s. 86. Note: On a day to be named by proclamation of the Lieutenant Governor, section 86 is repealed by the Statutes of Ontario, 2002, chapter 24, Schedule B, section 25. See: 2002, c. 24, Sched. B, ss. 25, 51.
Partnerships and unincorporated associations to be incorporated
87. Every unincorporated association or partnership of persons, comprising five or more members or partners, owning or proposing to own a telephone system and using or proposing to use a public highway or highways for the purpose of furnishing telephone service to the members or partners of such unincorporated association or partnership, or any of them, or to other persons, shall secure letters patent or articles of incorporation creating them a corporation with share capital for the purpose of carrying on the business of a telephone company. R.S.O. 1990, c. T.4, s. 87.
By-laws to be available for inspection
88. Every incorporated telephone company shall keep every by-law, special by-law or special resolution available for inspection at the head or registered office of the company. R.S.O. 1990, c. T.4, s. 88.
Proper service to be given
89. (1) Every telephone system shall furnish continuous telephone service that adequately and efficiently meets the needs of the public in the territory in which it operates. Complaints (2) Any person who is not satisfied with the service rendered may lodge a complaint with the Commission with respect thereto and the Commission may order the system complained against to take such action as the Commission considers necessary. Termination of service (3) Where a person supplied with telephone service is in default of payment of any rate or toll in respect of a service, the system may terminate the service upon giving the person seven days notice thereof in writing. R.S.O. 1990, c. T.4, s. 89.
Orders to ensure proper service
90. The Commission may make such orders for the construction and maintenance of a plant as it from time to time considers necessary in order to ensure adequate and efficient telephone service to the public and for the protection of life and property. R.S.O. 1990, c. T.4, s. 90.
Equipment ownership
91. Every telephone system shall own and maintain all equipment, except run-off poles on private property, operated in connection with the system, unless otherwise consented to by the Commission. R.S.O. 1990, c. T.4, s. 91.
Duplication of pole leads on highways
92. No telephone system shall erect poles upon or along or adjacent to and parallel with any part of a highway upon or along which the pole leads of another system are already erected, or otherwise by means of its plant or any part thereof duplicate the plant of or compete with any other system that furnishes telephone service in the same locality in which the first-mentioned system proposes to furnish such service, unless by consent of the Commission. R.S.O. 1990, c. T.4, s. 92.
Use of pole leads by two or more systems
93. Where in the opinion of the Commission the convenience of persons desiring telephone service requires the extension of a telephone system upon or along a highway, upon or along which there is already a telephone pole lead, the Commission may make such order as it considers expedient for authorizing the extension and consolidating the pole leads upon or along the highway. R.S.O. 1990, c. T.4, s. 93.
Telephone service to be furnished on request
94. Despite anything in this Act, where a person makes application to a telephone system for telephone service, the system shall furnish such service upon terms to be agreed upon and, failing agreement, upon such terms and conditions as are ordered by the Commission. R.S.O. 1990, c. T.4, s. 94.
Erection of poles on highways
95. Where it is necessary for the purpose of carrying into effect an order of the Commission that a telephone system should erect poles, cables, ducts or wires upon or along any road or highway under the jurisdiction of a town, village, county or township, the system may, despite any limitations in any letters patent, articles of incorporation or otherwise, erect the poles, cables, ducts and wires upon or along the road or highway upon such terms and conditions as are agreed upon between the council of the municipality and the system, and if the council and the system are unable to agree, then upon such terms and conditions as the Commission prescribes. R.S.O. 1990, c. T.4, s. 95.
Agreements for connection, joint operation, etc.
96. (1) A telephone system may enter into an agreement with any other system, whether the latter system is under the jurisdiction of the Legislature or not, providing for the connection, intercommunication, joint operation or reciprocal use of the respective lines and other plant controlled, owned or operated by the systems and for the transmission of business between the systems, and for the interchange of messages passing to, from or over their lines and other plant, and for the apportionment of tolls, commissions and expenditures and the division of receipts and profits and generally for the regulation, management and operation of their lines and other plant, but no such agreement has any validity or effect until approved by the Commission. Idem (2) Where it is in the public interest for two or more telephone systems to enter into an agreement under subsection (1) and the parties to the proposed agreement are unable to agree on the terms that are to be included in the agreement, any telephone system having an interest in the proposed agreement may apply to the Commission, and the Commission, after such inquiry as it considers necessary, may direct specified terms to be included in the agreement. Amending agreement (3) On an application for approval of an agreement entered into under subsection (1), the Commission, after such inquiry as it considers necessary, may make any amendment to the agreement that it considers to be in the public interest. R.S.O. 1990, c. T.4, s. 96.
Commission may order connection, joint operations, etc.
97. Where the lines or other parts of the plant of two or more telephone systems are situated in such proximity to each other as to make it expedient in the public interest that they be connected in order that there be intercommunication between them or joint operation or reciprocal use of them or that the lines or other plant be used jointly by the systems for the transmission of messages and either or any of the systems fail or refuse to enter into an agreement with the other or others, the Commission shall order, (a) that such connection be made; (b) by whom and in what manner any line or works necessary for the purpose of making the connection shall be constructed and maintained; (c) how the cost incurred in constructing and maintaining it or them shall be borne; and (d) upon such terms and conditions as the Commission may prescribe, that there shall be such intercommunication between or joint operation or reciprocal use of, and such transmission of messages by or over, the lines or other plant, including any connecting lines or works as the Commission may prescribe. R.S.O. 1990, c. T.4, s. 97.
Intercommunication by systems
98. (1) Where the lines of one or more telephone systems terminate on the switchboard of another system, the other system shall furnish all reasonable and proper facilities for the interchange of conversations between the systems. What facilities to be used (2) The facilities to be so afforded shall include the providing of suitable switching facilities to connect the lines of the systems and the permitting of conversations to be transmitted without unreasonable delay over the lines so connected. Terms (3) The terms upon which the facilities for the interchange of conversation between two or more systems are to be afforded under this section shall be fixed by agreements between the systems concerned, subject to the approval of the Commission, and, failing such agreement, they shall be fixed by the Commission. R.S.O. 1990, c. T.4, s. 98.
Intercommunication between federal and provincial systems
99. Where the lines or other parts of the plant of a telephone system under the jurisdiction of the Legislature and the lines or other parts of the plant of a system under the jurisdiction of the Parliament of Canada are situate in such proximity to each other as to make it practicable for the lines or other parts of the plant to be so connected as to provide direct communication whenever required between any telephone on the one system and any telephone on the other system, either of the systems or any municipal corporation or other public body or any person interested may file with the Commission and with the Canadian Transport Commission an application for an order that such connection be made together with evidence of service of the application upon the systems interested or affected and clauses 131 (1) (b), (c), (d) and (e) of The Railways Act, being Chapter 331 of the Revised Statutes of Ontario, 1950, apply with necessary modifications to every such application. R.S.O. 1990, c. T.4, s. 99.
Use of highways
100. (1) No telephone system shall place in, upon, over or under any highway, lane or square under the jurisdiction of the council of a municipality any poles, cables, ducts, wires or other structures or equipment without having acquired the right so to do. Grants of right to use highways (2) Despite the provisions of any other Act and with the approval of the Commission, the council of any municipality may pass a by-law or by-laws for granting to a system, upon such terms and conditions as are considered expedient, the right to use any highway, square or lane under its jurisdiction for placing in, upon, over or under the same poles, cables, ducts, wires or other structures or equipment, but no such by-law comes into force until approved by the Commission. Commission to determine differences as to use of highways (3) Where the council and the system are unable to agree as to the terms and conditions upon which such right is to be granted, the council or the system may refer the matters in dispute to the Commission in which case the Commission, after hearing the evidence of all persons interested, may prescribe the terms and conditions, and thereupon the terms and conditions are binding upon the municipality and the system. Termination of right (4) Where a system fails to comply with any provision of this Act or the regulations or any order of the Commission, the Commission may terminate any right conferred upon the system under this section, in which case the by-law granting the right shall be deemed to be repealed. Effect of termination of right (5) Upon the termination of any right conferred upon a system under this section in accordance with the terms and conditions of the by-law granting the right or in accordance with an order of the Commission, the council may, with the approval of the Commission, order the system to remove its poles, cables, ducts, wires and other structures and equipment from the highways, squares and lanes under the jurisdiction of the council and, upon failing to comply with the order within ninety days, the council may remove the poles, cables, ducts, wires and other structures and equipment and charge the cost thereof to the system. R.S.O. 1990, c. T.4, s. 100.
Right to use highways in unorganized territory
101. The right to use, for the purposes of section 100, any highway or road allowance situated in territory without municipal organization may be granted by the Minister of Natural Resources upon such terms and conditions and subject to such rentals or charges as he or she may determine. R.S.O. 1990, c. T.4, s. 101.
Agreements increasing cost of service
102. (1) A telephone system shall not enter into an agreement with any other system that may have the effect of increasing the cost of telephone service to the public until the proposed agreement has been submitted to and approved by the Commission. Application of section (2) This section does not apply to an agreement in relation to a matter to which section 103 applies. R.S.O. 1990, c. T.4, s. 102.
Sales or transfers of systems, etc.
103. No telephone system and no part of a system or controlling interest in a system shall be sold or disposed of and no system shall be amalgamated with another system and no system shall enter into an agreement that in effect transfers its ownership or control until the Commission has approved the sale or other disposition, amalgamation or agreement. R.S.O. 1990, c. T.4, s. 103.
Termination of powers of system
104. The Commission may by its order terminate any of the rights, powers and privileges possessed by or conferred upon any telephone system under this Act, if the system contravenes section 102 or 103, and may by its order prohibit the system from carrying on business under this Act. R.S.O. 1990, c. T.4, s. 104.
Tariffs and tolls to be filed and approved
105. (1) Every telephone system shall file with the Commission its tariff of rates and tolls in such form and containing such particulars as the Commission requires and no system or municipality shall charge or levy any rate or toll that has not been filed with and approved by the Commission. Public hearing (2) Where the Commission is of the opinion that a change in a tariff of rates and tolls should not be approved without a public hearing, it shall give written notice of the time and place of the hearing to the telephone system desiring the change, and the telephone system shall, unless the Commission orders otherwise, publish, once a week for two successive weeks immediately preceding the hearing, notice of the hearing in a newspaper having general circulation in the municipality or municipalities where the change in the tariff is sought. Rates to be just and reasonable (3) Every rate or toll charged or levied by a telephone system shall be just and reasonable. R.S.O. 1990, c. T.4, s. 105.
Service to be fair
106. (1) No telephone system, in offering or providing a telephone service, shall, (a) make an unwarranted discrimination against any person; (b) give an undue advantage to any person; or (c) subject any person to an undue disadvantage. Onus on system (2) Where it is alleged that a telephone system has committed an act mentioned in subsection (1), the onus of proving that the discrimination is warranted or that the advantage or disadvantage is not undue is on the telephone system. Interpretation (3) Charging different rates based on the nature of the use made of a telephone system is not a contravention of this section. R.S.O. 1990, c. T.4, s. 106.
Offence
107. Every officer of a telephone system who wilfully authorizes or permits any contravention of section 105 or 106 is guilty of an offence. R.S.O. 1990, c. T.4, s. 107.
Rate of depreciation
108. (1) Every telephone system and municipality shall file with the Commission its rates of depreciation in such form and containing such particulars as the Commission requires, and no telephone system or municipality shall employ a rate of depreciation that has not been filed with and approved by the Commission. Changes (2) The Commission may at any time require a telephone system or municipality to make such changes in the rates of depreciation as the Commission considers expedient. R.S.O. 1990, c. T.4, s. 108.
Approval of issue of stock, bonds, notes, etc.
109. (1) A telephone system shall not issue stock, bonds, notes or other evidence of indebtedness payable at periods of more than twelve months after the date thereof until it has obtained from the Commission an order authorizing the issue and the amount thereof and stating the purposes to which the issue or proceeds thereof are to be applied and that in the opinion of the Commission the money, property or labour to be procured or paid for by the issue of the stock, bonds, notes or other evidence of indebtedness is or has been reasonably required for the purposes specified in the order. Offence (2) Every officer of a system who wilfully authorizes or permits any contravention of subsection (1) is guilty of an offence. R.S.O. 1990, c. T.4, s. 109.
Prohibition against interference with instruments
110. (1) Every person who uses or interferes with or permits to be used or interfered with any telephone instrument, wiring or other equipment so as to injure or damage it or prevent the proper use of the circuit to which the telephone instrument, wiring or other equipment is connected is guilty of an offence. Idem (2) Every officer of a telephone system who wilfully authorizes or permits any contravention of subsection (1) is guilty of an offence. R.S.O. 1990, c. T.4, s. 110.
Employees divulging conversations
111. Every operator or other person in the employ of a telephone system who divulges the purport or substance of any telephone conversation or message passing over the lines of the system, except when lawfully authorized or directed so to do, is guilty of an offence. R.S.O. 1990, c. T.4, s. 111.
Persons other than employees divulging conversations
112. Every person who, having acquired knowledge of any conversation or message passing over any telephone line not addressed to or intended for such person, divulges the purport or substance of the conversation or message, except when lawfully authorized or directed so to do, is guilty of an offence. R.S.O. 1990, c. T.4, s. 112.
Using obscene language
113. Every person who, when using a telephone instrument or conversing over a telephone line, whether the telephone instrument or line is owned by a telephone system under the jurisdiction of the Legislature or not, uses indecent, obscene, blasphemous or grossly insulting language is guilty of an offence. R.S.O. 1990, c. T.4, s. 113.
Refusal to give up line
114. Every person who, when using a telephone instrument or conversing over a telephone line, whether the telephone instrument or line is owned by a telephone system under the jurisdiction of the Legislature or not, refuses to give up or permit the use of the line when requested so to do by the operator or by any other person in case of a fire, accident, sickness or other similar emergency is guilty of an offence. R.S.O. 1990, c. T.4, s. 114.
Annual returns
115. (1) Every telephone system shall, on or before the 1st day of April in each year or, in the case of any one or more systems, at such later time in any year as the Commission approves, furnish to the Commission a return containing such particulars respecting the cost, receipts, expenditures, operation, management and equipment of the system as the Commission requires. Offence (2) Every officer of a system who authorizes or acquiesces in any default in making a return under subsection (1) is guilty of an offence. R.S.O. 1990, c. T.4, s. 115.
Sale of system
116. The Bulk Sales Act does not apply to the sale of a telephone system or a part thereof under this Act. R.S.O. 1990, c. T.4, s. 116.