Canada. Privy Council. Railway Committee : The first legislative recognition of railways by the Dominion of Canada was the passage of the Railway Act of 1868 (31 Vict. c. 68). While much of this Act was an updating of the Railway Clauses Consolidation Act of 1851, 25 of the 84 sections dealt with the establishment and duties of the Railway Committee of the Privy Council. This Committee was to consist of a minimum of four Privy Council members, one of whom was to act as Chairman. The Deputy Minister of Public Works or some other fit person was to serve as Secretary. The Committee was vested with all rights and powers of the previous Board of Railway Commissioners of the Province of Canada. Its responsibilities were to authorize the opening of railways or portions thereof, to investigate and take appropriate action concerning railway equipment or property that was reported to be in dangerous condition, to ensure public safety at crossings, to regulate speed, and to receive and examine reports of all railway accidents. In brief, it was concerned solely with the safe construction and operation of railways in Canada and the establishment and enforcement of safety standards. The Committee had no administrative or operational staff. All technical and practical functions, such as the examination of equipment and property, were to be carried out by engineers of the Department of Public Works (1868-1879) and subsequently the Department of Railways and Canals (1879- 1904). The results of the routine inspections performed for Public Works and Railways and Canals were reported to the Committee.
On 14 August 1886 a Royal Commission to Inquire into the Advisability of Constituting a Court of Railway Commissioners was appointed to consider the advisability of creating such a body in Canada. The Commission consisted of A.T. Galt (Chairman) Collingwood Schreiber, George Moberly, E.R. Burpee and T.K. Kenny. The Royal Commission submitted its report on 14 January 1888. It concluded that the Railway Committee of the Privy Council as currently constituted had a number of disadvantages - its political composition, the fact that its work was not a full-time occupation for its members, and the necessity, because of the other duties of its members, for all hearings before it to be held in Ottawa. However, the Royal Commission felt that the Railway Commission in the United Kingdom was not an ideal example for Canada to follow, as the nature of railway commerce in the two countries was very different. On the other hand, the Interstate Commerce Commission in the United States, where railway problems were very similar to Canada's, had not been in existence long enough to serve as a useful example. The Commission considered that it would be unwise to make any hasty decisions, and that Canada's best interests would be served, as a first step, by the passage of a more comprehensive Railway Act and the enlargement of the powers of the Railway Committee of the Privy Council. These would then permit it to adjudicate disputes between railway companies, decide questions of rates and tariffs, and appoint officers in all provinces who would be empowered to hear and determine complaints and take evidence.
As a result of this report, a new Railway Act was passed on 22 May 1888 (51 Vict. c. 29). Among its provisions was the establishment of the membership of the Railway Committee of the Privy Council as the Minister of Railways and Canals (Chairman), the Minister of Justice, and two or more members of the Privy Council. In addition to its previous duties, the Committee was given wider and more specific powers, including the adjudication of disputes between railway companies or between railway companies and corporations, municipalities, or individuals concerning such matters as rates, line location, repairs and improvements, and traffic arrangements.
Under PC 717, 25 May 1889, the President of the Privy Council and the Ministers of Public Works, Militia, and Agriculture became ex officio members of the Railway Committee. Under PC 89, 12 January 1892, the Minister of Customs replaced the Minister of Public Works as a member of the Committee. Later that year the Postmaster General also became a member (PC 2398, 12 September 1892). The last meeting of the Railway Committee of the Privy Council was held on 7 January, and on 1 February 1904 its functions were taken over by the Board of Railway Commissioners. RG46 General Inventory
