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THE GREEN BAG
THE WORK AND POWERS OF THE BOARD OF RAILWAY COMMISSIONERS FOR CANADA BY ROBERT C. SMITH, K. C. CANADA has a federal constitution under which there is a general Parliament which makes laws on certain subjects for the Dominion generally. It is divided into provinces, each having its own legislature empowered to make laws on certain subjects for the province. In the division of legislative powers between these bodies, the Parliament of Canada is empowered to make laws upon the subject of railways connecting one province with another or others of the provinces, or extending beyond the limits of any province. Also as respects such works, as, although wholly situated within one province, are, before or after their execution, declared by the Parliament of Canada to be for the general advantage of Canada, or for the advantage of two or more of the provinces. Under this class of subjects, the Parlia ment of Canada has incorporated many railway companies for the construction and operation of railways, and has authorized such construction and operation usually by companies, but, in some instances, by the government of Canada; and it has also, in many cases, declared railways con structed under authority of provincial legis latures, to be works for the general advan tage of Canada, and has thereafter assumed legislative authority over them. Provincial legislatures have authorized the construc tion and operation of railways within their respective provinces. The Board of Railway Commissioners for Canada was constituted under a general act of the Parliament of Canada, which applies to all persons, companies and rail ways, other than government railways, within the legislative authority of the Parliament of Canada. It applies to rail ways, the construction or operation of
which are authorized by provincial statutes, where such railways connect with or cross a railway or railways within the legislative authority of the Parliament of Canada, in certain particulars only — (a) the connection or crossing of one railway or tramway with or by another, so far as concerns the aforesaid connection or crossing; (b) the through traffic upon a railway or tramway and all matters appertaining thereto; (c) criminal matters, including offences and penalties; and, (d) navigable waters. Thus, government railways are not subject to the authority of the Board, and provincial railways are so subject only in respect to such of the matters just mentioned as fall within the jurisdiction of the Board. The Board of Railway Commissioners was constituted by the Railway Act of 1903, which came into force on the first day of February, 1904. The powers and duties assigned to the Board are numerous and of varied character, including approval of plans, grade crossings, spur tracks and location of stations. Railway companies are required to report to the Board the occurrence of accidents on their lines, and the Board has officials who inquire into the causes of accidents, and it may order a railway company to suspend or dismiss any employee of the company whom it may deem to have been negligent or wilful in respect of any such accident. The Board is empowered to make general regulations dealing with many matters with which the statute has not specifically dealt, and may impose penalties for their breach. For example, limitation of speed, use of whistles, and safety devices, uniformity of rolling
