5(1)The council of any city or town having a population of eight thousand or upwards may, from time to time, by a two-thirds vote, require any telephone company, when making substantial or extensive addition to, or substantial or extensive renewals of their system, to put and place any portion of their cables or wires used in making such additions or renewals in suitable conduits under ground after the expiration of one year from the passing or adopting of such vote and notice thereof to the company, and it is the duty of the telephone company so to do forthwith upon the expiration of the period of one year, unless such requirement is suspended, modified or overruled by the Lieutenant-Governor in Council, upon application made to him for that purpose.

5(2)The council of any city or town may fix the location of all conduits and the height of all posts, poles and supports for wires that may be used by a telephone company within such city or town, and provide for the painting of such posts, poles and supports, and may, upon terms to be fixed by the Lieutenant-Governor in Council in case of disagreement, require such telephone company, from time to time, to permit the city or town to place wires upon the posts, poles and supports, or through the conduits of the company, for the purposes of fire alarms, and police alarms, and for the purpose of enabling such city or town to connect with any telephone line of the city or town extending to any water reservoir or other public work of the city or town outside of the city or town, without any charge for the use thereof, and every pole erected shall be reasonably straight.

5(3)No telephone company shall put or place, or, except in respect to construction now lawfully existing, maintain any poles or fixtures for the carrying of wires or cables overhead, or shall build or place any conduit for the carrying of wires or cables underground in any street, highway, thoroughfare or public place within any city, town or municipality without the consent of and upon the terms to be agreed upon with the council of such city or town and outside of a city or town with the Chief Highway Engineer or, if in respect of a highway that is under the administration and control of the New Brunswick Highway Corporation, that Corporation, and every exercise of that right, except so far as provided by such consent and agreement, shall be subject to and controlled by all general by-laws and regulations of the city, town or the municipality of a county, whether passed prior to or subsequent to this Act.

5(4)Nothing in subsection (3) shall be construed to lessen in any way any obligation or liability of or restriction upon a telephone company under its charter.

5(5)The provisions of subsection (3) respecting the making of an agreement do not apply to lines of telephone constructed before April 13, 1907.

5(6)Any such by-law or regulation or agreement shall not apply to or be in effect in respect of a telephone company until approved by the Lieutenant-Governor in Council.

7(1)In the exercise of any of the rights conferred upon it by its charter, no telephone company shall obstruct the public in its right to travel over or use any public street, road, square, open plot of ground, highway, bridge, water, water course, lake, river or stream, nor shall it enter upon, break up or open any public street, road, square, open plot of ground, highway or bridge, or any part thereof, without the consent first had and obtained,

7(2)When such consent is refused or withheld, or when conditions that the company considers unreasonable are attached to such consent, or in case of emergency when such consent cannot be obtained within a reasonable time, the company may apply to the Lieutenant-Governor in Council who may authorize the company to proceed with the proposed work, upon such conditions and subject to such restrictions, as shall be deemed proper.

8(1)Where a municipality, rural community or corporation having authority to construct and operate a long distance telephone service, and to charge telephone tolls, is desirous of using any long distance telephone service or long distance line, owned, controlled or operated by a company, upon which service or line the company is authorized to charge telephone tolls, in order to connect the telephone system, service or line, with the telephone system, service or line operated or to be operated by the municipality, rural community or corporation for the purpose of obtaining direct communication when required between any telephone or telephone exchange on the one telephone system, service, or line, and any telephone or telephone exchange on the other telephone system, service or line, and cannot agree with the company with respect to obtaining the connection or communication or the use, the municipality, rural community or corporation may apply to the Lieutenant-Governor in Council for relief, and the Lieutenant-Governor in Council may order the company to provide for the connection or communication or use upon such terms as to compensation as the Lieutenant-Governor in Council may deem just and expedient, and may order and direct how, when, where, by whom, and upon what terms and conditions the connections or communication or use shall be had, constructed, installed, operated and maintained.

8(2)Upon any such application, the Lieutenant-Governor in Council shall, in addition to any other consideration affecting the case, take into consideration the standards as to efficiency and otherwise of the apparatus and appliances of such telephone system or lines, and shall only grant the lease applied for in case and in so far as in view of such standards the connection or communication or use applied for can, in the opinion of the Lieutenant-Governor in Council be made or exercised satisfactorily, and without undue or unreasonable injury to or interference with the telephone business of the company.

9(1)When it is made to appear to the Lieutenant-Governor in Council, that any telephone company refuses or neglects to extend its line or lines so as to afford telephonic communication to any person desiring such extension to a reasonable distance, from the line or lines of such company, the Lieutenant-Governor in Council may, in his discretion and when it appears to him that the business guaranteed on the extension will yield a reasonable profit, make an order directing such extension, and prescribing the conditions upon which the extension shall be made.

9(2)The company shall obey an order made under subsection (1).

13(1)Any person who violates or fails to comply with subsection 5(3) or section 6, 10, 11 or 12 commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.

13(2)Any person who violates or fails to comply with subsection 7(1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.

13(3)Any person who violates or fails to comply with subsection 9(2) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.