Board of Railway Commissioners for Canada : The Board of Railway Commissioners, which was created by the Railway Act of 1903 (3 Edw. VII, c. 58), succeeded the Railway Committee of the Privy Council established by the Railway Act of 1868. This Committee, which was shuffled several times, regulated rail transport until passage of the Act of 1903. The Board of Railway Commissioners reported directly to Parliament through the Minister of Railways and Canals.
The Board combined the functions of a regulative, administrative and judicial body. In addition to the Secretary's Department, which was responsible for administrative and clerical duties, the Legal Department and the Records Department, there were three operational divisions at the outset - the Traffic Department responsible for all matters concerning tolls, tariffs, rates, fares and classifications; the Engineering Department which was responsible for matters involving the location and construction of railway lines, bridges and level crossings; and the Accident Branch (later the Accident Department) which was responsible for investigating all railway accidents.
During the Board's existence, the Railway Act, which governed it, was amended several times. The first amendment in 1906 (6 Edw. VII, c. 42) gave it the authority to regulate the express and telephone tolls and tariffs. An amendment in 1908 (7-8 Edw. VII, c. 61) gave the Board authority over telegraph and telephone companies, their tolls and tariffs, standards, contracts and agreements. Later that year, a second amendment (7-8 Edw. VII, c. 62) increased the number of commissioners to six. The Act stipulated that the Chief Commissioner was to be either a superior court judge or an advocate of ten years standing.
In 1909, two amendments were made to the Railway Act, resulting in a slight reorganization of the Board, which now had jurisdiction of hydro-electric power rates for power developed on land leased from the Crown (8-9, Edw, VII, c. 31). The Board was also granted jurisdiction over alleged violations of agreement in matters within its competence (8-9 Edw. VII, c. 32). It also provided for the establishment of a Railway Grade Crossing Fund to be administered by the Board from which financial assistance could be provided for the construction of projected railway crossings.
The reorganization of the Board was prompted by the creation of an Operating Department which included the Accident Department. In addition to investigating accidents, this new department was responsible for equipment, crossing protection, stations and services to ensure that adequate standards of safety were being maintained. This department was also responsible for the Railway Grade Crossing Fund.
Several new measures were taken over the next five years. In 1910, the regulation of tolls and tariffs, standards, contracts and agreements with respect to marine and ocean cables was added to the jurisdiction of the Board of Railway Commissioners (9-10 Edw. VII, c. 57). In 1912, a Fire Inspection Department was established to reduce the number and extent of forest and grass fires caused by railways. As a war measure, in 1915, the Board of Railway Commissioners was granted authority to compel railway companies to cooperate in moving the grain harvest rather than concentrating on more lucrative wartime traffic. (6-7 Geo. V, c. 2).
In 1923, railways were brought under the authority of the Board, which meant its jurisdiction took in the entire Canadian National Railway system. In the years that followed, regulation intensified. In 1927, a twenty percent reduction on railway tariffs in Eastern Quebec and the Maritimes was ordered by the Maritime Freight Rates Act (17 Geo. V, c. 44). The railways could seek compensation from the Board. Another amendment to the Act in 1929 (19-20 Geo. V, c. 54) brought the regulation of tolls of bridges and tunnels within the sphere of the Board. Finally in 1933, it was decreed that no railway line could be abandoned without the Board's approval (23-24 Geo. V, c. 47).
In 1938, the Transport Act was passed (2 Geo. VI, c. 47), which saw the Board of Railway Commissioners' responsibilities transferred over to the Board of Transport Commissioners which carried out the mandate until 1967.
