Rural Commuter Rail

[steveintoronto]

Originally Posted by acottawa

And the regulator has given the city two options: file the paperwork to discontinue or spend a lot of money, both options provided for in law. If it chooses the former, the portion of the railway in actual use would no longer be included in:

Lines of Steam or other Ships, Railways, Canals, Telegraphs, and other Works and Undertakings connecting the Province with any other or others of the Provinces, or extending beyond the Limits of the Province

and therefore not subject to federal jurisdiction (i.e. under CTA jurisdiction)

Whether or not Mr. Potvin is mentioned, he filed the complaint (he posts such things on his website). The CTA took no prior interest in the bridge.

There seems to be some miscommunication.

Let me just post this:

Section 92(10) of the Constitution Act, 1867
From Wikipedia, the free encyclopedia
Section 92(10) of the Constitution Act, 1867, also known as the works and undertakings power, grants the provincial legislatures of Canada the authority to legislate on:

“
10. Local Works and Undertakings other than such as are of the following Classes:

(a) Lines of Steam or other Ships, Railways, Roads, Telegraphs, and other Works and Undertakings connecting the Province with any other or others of the Provinces, or extending beyond the Limits of the Province;
(b) Lines of Steam Ships between the Province and any British or Foreign Country;
(c) Such Works as, although wholly situate within the 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 Three or more of the Provinces.
”

Section 92(10)(a) and (b) grants federal jurisdiction over modes of interprovincial and international transportation and communication, leaving intraprovincial transportation and communication to the provinces. Section 92(10)(c), however, applies to works of all types. The Parliament of Canada exercises authority over these three matters under section 91(29), which states:

“
29. Such Classes of Subjects as are implicitly excepted in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces.

”
Contents
1 Extent of jurisdiction
2 Declaratory power under section 92(10)(c)
3 Notes
4 Further reading
[...]

https://en.wikipedia.org/wiki/Section_92(10)_of_the_Constitution_Act,_1867

Further to the above, there's the need for involving the NCC:

Power to construct railway
13 (1) The Commission may construct in the National Capital Region, in accordance with plans prepared under this Act, a railway and related facilities.

Marginal note:Sale, lease, etc.
(2) The Commission may

(a) sell, convey or lease any railway and related facilities, or any portion thereof, constructed pursuant to subsection (1) to any railway company; or

(b) enter into agreements with any railway company for

(i) the sole, joint or several use of the railway or facilities, or any portion thereof,

(ii) the maintenance by the company of the railway or facilities, or any portion thereof, and

(iii) the operation of the railway or facilities, or any portion thereof.

Marginal note:Application of Part III of the Canada Transportation Act
(3) Part III of the Canada Transportation Act, with such modifications as the circumstances require, is applicable to the exercise of the powers conferred by this section, but nothing in this section is deemed to constitute the Commission a railway company except for the purpose of subsection (2).

R.S., 1985, c. N-4, s. 13; 1996, c. 10, s. 236.
Expropriation
Marginal note:Expropriation
14 (1) Where in the opinion of the Commission the acquisition of any land or interest therein by the Commission without the consent of the owner is required for the purposes of this Act, the Commission shall so advise the appropriate Minister in relation to Part I of the Expropriation Act.
[...]

http://laws-lois.justice.gc.ca/eng/acts/N-4/FullText.html

It might be best, if the City of Ottawa is unable to hold their legal duties within the law, to cede the property in part or whole to the NCC. The NCC has no powers to operate outside of the Transportation Act (the NCC Act and Transpo Act are cross referenced with notes) and access to the rail line by any the CTA deems to certify will and must be permitted.