Bill 11 (Legislature 10, Session 1)

L10 S1 7534

Alberta — Bills

Bill No. 11 of 1945. A BILL TO AMEND THE RURAL MUTUAL TELEPHONE COMPANIES ACT NOTE. This Bill incorporates. a new ,section in the Act. This sectioOn applies only toO 'rural mutual telephone companies who, some years ago, acquired their plants and· equipment from the Government. (See subs,ection (6) ). The

section authorizes the Minister to expropriate the plant and equip ment of such a company where it has .committed a breach of its agreement with the Government or a breach .of any .of the provisions .of the Act or regulations, or where the Min ister deems such action advisable. The procedure by which the expropriation is effected is set out in subsections (2) and (3).

Subse'ction (4) pr.ovides the compensation to be paid, namely the amount paid by the Company to the Government on the purchase of the plant, etc., together with an amount equal to what the Minister considers a fair value of the property owned by the Company ,over and above that obtained from the Governm,ent, also any amount the Com pany may have paid for easements or rights-of-way which are taken over under the section. W. S. GRAY, Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 11 of 1945. An Aet to amend The Rural Mutual Telephone Companies Act. (Assented to , 1945.) HIS MAJESTY, by and with the adviee and eonsent of the Legi1sla ti ve Assembly of the Province of Alberta, enacts as follows: 1. The Rural Mutual Telephone Companies Act, being

chapter 199 of the Revised Statutes of Alberta, 1942, is hereby amended by adding immediately after seetion 28 the following new se'ction: "28a.-(

I) In any case where a company has committed a breach of the terms of its agreement with Alberta Govern ment Telephones or of any provision of this Act or any regulations made pursuant to this Act, or where the Minister in his discretion deems it advirsable so to do, the Minister may take possession of all the plant and equipment owned by the company or to which the company is entitled, used in or if not in use capable of being used in the operation of the telephone system of the company all of which plant and equipment is hereinafter in this

section referred to as the plant and equipment of the 'company. "

(2) Upon notice in writing by the Minister that he is taking possession of the plant and equipment of the company being mailed by -registered mail addressed to the company at the address' of any officer or director of the company, then upon the date of the mailing of the notice the Minister shall be deemed to have taken possession of the plant and equipment of the company and all right and interest what soever of the company in and to the same shall forthwith cease and the same shall thereupon become the absolute property of the Crown in the right of the Province and shall be dealt with or disposed of in 'Such manner as the Minister may direct. . "

(3) Upon the plant and equipment of the company becoming the property of the Crown all easements, rights-of way and other rights necessary or incidental to the main tenance and operation of its telephone system which the company enjoys or to which the company is entitled shall vest in the Crown in the right of the Province. "

(4) Upon the Minister taking posrsession of the plant and equipment of the company and the same becoming the property of the Crown the Minister shall, within a reason able time thereafter, cause to be paid to the company as

2 compensation an amount equal to the amount paid by the company to the Crown as the purchase price of the plant and equipment purchased by the company from the Crown in the right of the Province together with an amount equal to the amount which in the opinion of the Minister is the fair value of all plant and equipment owned by the company in addition to that purchased by it from the Crown and the Minister shall also cause to be paid to the company an amount equal to the amount paid by the company for any easem:ent: right-of-way or other right which vested in the Crown pursuant to subsection (3). "

(5) The company shall not be entitled to any compensa tion or payment other than as provided in this section. "

(6) This

section shall only apply to a company which acquired its plant and equipment in whole or in part from the Crown in the right of the Province." 2. This Act shall come into fOl}ce on the day upon which it is assented to.

i'l"o. 11. FIRST SESSION TENTH LEGISLATURE 9 GEORGE VI 1945 BILL

An Act to amend The Rural Mutual Telephone Companies Act. Recei ved and read the Firsttime ....................................... . Second time .................................... . Third time .................................... . HON. MR. FALLOW. EDMONTON: A. Shnltka, King's Printer 1946 Title: 1945 (10th, 1st) Bill 11,

An Act to amend The Rural Mutual Telephone Companies Act

Document details

Collection	Alberta — Bills
Citation	L10 S1 7534
Type	bill
Volume / chapter	L10 S1 7534
Language	en
Format	json
Source	PROVINCIAL
Identifier	084c238b7bfc7cae21c265f3a9e201d5185dad55

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