THE REGIONAL MUNICIPALITY OF PEEL

BY-LAW NUMBER 28-2000

WHEREAS sub-section 43(3) of the Telecommunications Act, S.C. 1993, c. 38 provides that no telecommunication line shall be placed in, upon, over or under any highway, land or other public place without the consent of the municipality or other public authority having jurisdiction over the highway or other public place;

AND WHEREAS section 210, paragraph 117 of the Municipal Act, R.S.O. 1990, c. M 45, as amended, provides the authority for the Regional Corporation to pass a by-law for authorizing and regulating the erection and maintenance upon, across or along any highway or public place of poles, towers, wires, cables, amplifiers and other accessory equipment, and the construction and laying down of pipes, ducts and conduits for enclosing wires, cables, cables, amplifiers and other accessory equipment, for the purpose of transmitting electrical or electric impulses, signals and messages of every nature and kind;

AND FURTHER the placement and maintenance of such equipment upon, within any poles, towers, pipes, ducts and conduits that are erected, constructed or laid down with the consent of the owner and the body which is invested the management and control of such poles, towers, pipes, ducts and conduits;

AND WHEREAS the Council of the Regional Corporation has by resolution 2000-197 adopted on the 17^th day of February, 2000 authorized Futureway Communications Inc. to install its Communications System in, under and upon the highways, streets, bridges and other public places of the Corporation and authorize the Commissioner of Public Works to supervise and approve the construction.

NOW THEREFORE, the Council of the Regional Corporation enacts as follows:

1. That pursuant to the provisions of section 43 of the Telecommunications Act, S.C. 1993, c. 38, and pursuant to the Regional Corporation and Futureway agreeing on suitable terms and conditions, the Regional Corporation hereby consents to the installation by Futureway Communications Inc. of all lines of telecommunication and telecommunication plant upon, along, across, over or under any and all of the highways, streets and public places within the Regional Corporation over which the Regional Corporation has jurisdiction in the location and in the manner as directed by the Commissioner of Public Works.

The location of such telecommunication lines shall be subject to the supervision of the Commissioner of Public Works, from time to time, whose written approval of such location of the said lines and whose certificate as to supervision shall be valid and binding upon the Regional Corporation.

2. In the event that the Commissioner of Public Works or other properly qualified body or person deem it necessary to request Futureway Communications Inc. to move, alter or rearrange its line or lines of telecommunication and/or other plant for the purpose of widening, improving or relocating the said road of the Regional Corporation, or for any other purpose, the Commissioner of Public Works may give to the said company an order to do such work as he deems necessary; and he may enter into an agreement with the said company for whole or any portion of the cost of the said work by the Regional Corporation, and any such agreement entered into by the Commissioner of Public Works shall be valid and binding upon the Regional Corporation;
3. The Commissioner of Public Works is hereby authorized to delegate the powers granted to him herein to additional members of the Public Works Department as may be required from time to time.
4. Execution of all documentation associated with the consent to place such telecommunications equipment on lands under the jurisdiction of the Regional Corporation shall be in accordance with the Region’s by-law relating thereto.

READ THREE TIMES AND FINALLY PASSED IN OPEN COUNCIL this 9^th March, 2000.