Short Title

1These Regulations may be cited as the Joint Use of Poles Regulations.

General

2Subject to the terms and conditions of these Regulations and with the consent of the party owning, operating or controlling the poles or other such structures hereinafter mentioned, telephone, telegraph and electric power corporations within the legislative authority of the Parliament of Canada may erect and maintain their lines, plant and facilities upon the poles and other such structures of each other and upon the poles and other structures of other telephone, telegraph, communication, electrical power, signal service, electric railway corporations, municipal corporations and of all other persons, corporations and commissions which operate or maintain pole lines or other such structures for the purposes of their undertakings, upon the terms and conditions hereinafter set forth.

3Subject to the terms and conditions of these Regulations, telephone, telegraph and electric power corporations within the legislative authority of the Parliament of Canada may permit and consent to the erection and maintenance upon their poles and other such structures of the lines, plant and facilities of other telephone, telegraph, communication, signal service, electrical power, electric railway corporations, municipal corporations, and all other persons, corporations and commissions which may desire to place their lines and facilities on such poles or structures for the purpose of their undertakings, upon the terms and conditions hereinafter set forth.

4The erection and maintenance of any of the persons, corporations or commissions hereinbefore described of their lines, plant and facilities upon the poles or other such structures owned, operated or controlled by another such person, corporation, or commission, hereinafter referred to as “joint use”, as authorized by these Regulations, shall be subject to the terms and conditions set out in sections 5 to 11, which shall apply and be observed during the continuance thereof.

Terms and Conditions

5Such joint use shall be effected only in pursuance of and upon the terms contained in an agreement in writing entered into and executed by the parties concerned in such joint use.

6Such agreements may contain such terms, conditions and specifications not inconsistent with those hereinafter set forth, as the parties thereto deem necessary, desirable and applicable.

7Each such agreement, or the specifications made part thereof, shall contain the provisions stated in sections 8 and 9 which shall be strictly adhered to in both the construction and maintenance of the facilities erected on jointly used poles.

8(1)The relative levels at which lines, wires, cables and other longitudinal conductors are located on the poles shall, where practicable, be as follows:(a)highest level, supply conductors, subject to paragraph (c);(b)next level, communication conductors; and(c)lowest level, trolley contact conductors and feeders, where it is not feasible to place them above the level referred to in paragraph (b).(2)Appurtenances of each class of service shall occupy the same general level on the poles as that taken by the conductors with which they are associated except in those cases in which the parties concerned have agreed that it is technically infeasible to do this.

9(1)Adequate and safe clearances shall be maintained between supply and communication conductors on the same poles, such clearances being not less than those recited as follows:(a)for supply circuit voltages of 0 to 8,000, a vertical clearance of 40 inches; and(b)for supply circuit voltages over 8,000, a vertical clearance of 60 inches.(2)Metal sheathed supply cables of any voltage may be erected with clearances of 40 inches if the sheaths of the cables are permanently and effectively grounded.(3)Appurtenances associated with supply and communication conductors shall have the same clearances as the conductors, except that cross-arm braces are not considered to be appurtenances if these braces are separated by at least one inch from metal parts of other appurtenances; span wires for trolley conductors and lamp brackets are excepted from these requirements.

10The parties to any such agreement for joint use may embody therein such terms and conditions governing, as between themselves, their respective liability to each other, or to third parties who may be affected by such joint use, and where any such agreement so provides, then notwithstanding the Electric Sparks Prevention Regulations, all liability for damages and/or injuries arising out of the joint use of poles and facilities in pursuance of such agreement shall, as between the parties thereto, be governed by the terms and provisions of said agreement, so far as they extend thereto.

11These Regulations shall be read and construed as binding only upon the parties to any such agreement for the joint use of poles and facilities.