Public Service Works on Highways Act, R.S.O. 1990, c. P.49

Public Service Works on Highways Act

R.S.O. 1990, CHAPTER P.49

Historical version for the period April 1, 1999 to June 21, 2006.

Amended by: 1998, c. 15, Sched. E, s. 30.

Definitions

1. In this Act,

“appliances or works” means poles, wires, conduits, transformers, pipes, pipe lines or any other works, structures or appliances placed on or under a highway by an operating corporation; (“appareils ou ouvrages”)

“cost of labour” means,

(a) the actual wages paid to all workers up to and including the foremen for their time actually spent on the work and in travelling to and from the work, and the cost of food, lodging and transportation for such workers where necessary for the proper carrying out of the work,

(b) the cost to the operating corporation of contributions related to such wages in respect of workers’ compensation, vacation pay, unemployment insurance, pension or insurance benefits and other similar benefits,

(c) the cost of using mechanical labour-saving equipment in the work,

(d) necessary transportation charges for equipment used in the work, and

(e) the cost of explosives; (“coût de la main-d’oeuvre”)

“operating corporation” means a municipal corporation or commission or a company or individual operating or using a telephone or telegraph service, or transmitting, distributing or supplying electricity or artificial or natural gas for light, heat or power; (“exploitant”)

“road authority” means the Ministry of Transportation, a municipal corporation, board, commission, or other body having control of the construction, improvement, alteration, maintenance and repair of a highway and responsible therefor. (“office de la voirie”) R.S.O. 1990, c. P.49, s. 1; 1998, c. 15, Sched. E, s. 30.

Notice to operating corporation to take up works

2. (1) Where in the course of constructing, reconstructing, changing, altering or improving a highway it becomes necessary to take up, remove or change the location of appliances or works placed on or under the highway by the operating corporation, the road authority may by notice in writing served personally or by registered mail require the operating corporation, without prejudice to their respective rights under section 3, so to do on or before the date specified in the notice.

Apportionment of costs of taking up

(2) The road authority and the operating corporation may agree upon the apportionment of the cost of labour employed in such taking up, removal or change, but, subject to section 3, in default of agreement such cost shall be apportioned equally between the road authority and the operating corporation, and all other costs of the work shall be borne by the operating corporation.

Minimum time interval

(3) The date specified in a notice under subsection (1) shall be as agreed upon by the road authority and the operating corporation, but in default of agreement shall be not less than sixty days after the date of the personal service or mailing of the notice.

Additional time

(4) An operating corporation may, upon such notice as a judge of the Ontario Court (General Division) directs, apply to the judge for an order altering to a later date the date specified in the notice given under subsection (1), and, if the judge finds that the physical or technical difficulties in complying with the notice require additional time, the judge may make such order as he or she considers appropriate.

Compensation

(5) Where a road authority incurs a loss or expense by reason of an operating corporation neglecting to take up, remove or change the location of appliances or works by the date specified in a notice given under subsection (1) or such date as altered by a judge under subsection (4), the operating corporation shall make due compensation to the road authority for such loss or expense, and a claim for compensation, if not agreed upon by the operating corporation and the road authority, shall be determined by the Ontario Municipal Board. R.S.O. 1990, c. P.49, s. 2.

Apportionment of cost by Ontario Municipal Board

3. Where it is made to appear to the Ontario Municipal Board, upon application made to it, that the circumstances and conditions under which any of the appliances or works mentioned in section 2 have been placed on or under a highway, or that other special conditions render it unfair or unjust that the cost of taking up, removing or changing the location of the appliances or works should be apportioned and paid as provided in section 2, the Board, upon the application of the road authority or operating corporation, may apportion the cost of the taking up, removing or changing the works in such manner as appears to it to be equitable, and the decision of the Board is final and is not subject to appeal. R.S.O. 1990, c. P.49, s. 3.

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