Public Service Works on Highways Act

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Sections7

• 1Definitions

  1 In this Act, “cost of labour” means, (a) the actual wages paid to all workers up to and including the supervisors 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 utility company of contributions related to such wages in respect of workplace safety and insurance premiums, vacation pay, employment 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”) “road authority” means the Ministry of Transportation, a municipal corporation, board, commission, or other body having control of the construction, improv…

• 1.
• 2Notice 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 utility infrastructure placed over, on or under the highway by the utility company, the road authority may by notice in writing served personally or by registered mail require the utility company, without prejudice to their respective rights under section 3, so to do on or before the date specified in the notice. R.S.O. 1990, c. P.49, s. 2 (1); 2020, c. 12, s. 86 (6). Apportionment of costs of taking up (2) The road authority and the utility company 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 utility company, and all other costs of the work sha…

• 2.
• 3Apportionment of cost by Ontario Municipal Board

  3 Where it is made to appear to the Ontario Land Tribunal, upon application made to it, that the circumstances and conditions under which the utility infrastructure mentioned in section 2 has 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 utility infrastructure should be apportioned and paid as provided in section 2, the Tribunal, upon the application of the road authority or utility company, may apportion the cost of the taking up, removing or changing the utility infrastructure in such manner as appears to it to be equitable, and the decision of the Tribunal is final and is not subject to appeal. R.S.O. 1990, c. P.49, s. 3; 2020, c. 12, s. 86 (11); 2021, c. 4, Sched. 6, s. 82 (2). Section Amendments with date in force (d/m/y) 2020, c. 12, s. 86 (11) - 08/07/2020 2021, c.…

• 3.
• 4Court order

  4 If a utility company fails to comply with a notice under subsection 2 (1) or an order under subsection 2 (4), a judge of the Superior Court of Justice may, on an application made by the road authority, (a) order the utility company to comply; or (b) authorize the road authority to carry out the work described in the notice. 2020, c. 35, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) 2020, c. 35, Sched. 2, s. 1 - 08/12/2020 ______________