BILL Bill No.6 of 1951. An A,ct to Empower Alberta Coal Company Limited to Construct and Operate a Colliery Railway. (Assented to , 1951.)

WHEREAS Alberta Coal Company Limited, a -company in-

Preamble corporated under The Companies Act, being

chapter 240 of the Revised Statutes of Alberta, 1942, having its head office in the City of Calgary in the Province of Alberta, was so incorporated with power inter alia to mine coal and other minerals; And

whereas a petition has been presented by the Comp­ any praying that for the proper development of its coal fields, including -certain leases upon lands situated in the vicinity of Halkirk, Alberta, and the marketing of its coal it is necessary that the Company be given power to con­ struct and operate a colliery rail way; And

whereas it is expedient to grant the prayer of the said petition; Therefore, His Majesty, by and with the advice and con­ sent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Alberta Coal Company ~hort Railway Act". tItle 2. In this Act, unless the context otherwise requires,- I!lterpreta­ (a) "Company" means Alberta Coal Company Limited; tIon (b) "railway" means the railway referred to and de- scribed in

section 3 of the Act. 3. Alberta Coal Company Limited is hereby empowered ~o~Jr to to layout, construct and operate a railway of the gauge of r::Aw:y four feet eight and one half inches from a point in or near

section twenty, township forty, range fifteen, west of the fourth meridian, by the most feasible route, to connect with the line of Canadian Pacific Railway Company in the said Province, at or near Halkirk, or at any other feasible point of juncture with the said line. 4. The Company is hereby empowered to enter into an Power to agreement or agreements with Canadian Pacific Railway make t . agreemen Company,- with C.P.R. (

a) for the operation of the railway by Canadian Pacific Railway Company;

Application of The Railway Act Power to carry passengers for hire excluded Operation of the railway Construction Telephone and telegraph lines (b) (c) (d) 2 for the maintenance of the railway by the Company or by Canadian Pacifi·c Railway Company; for the purchase by Canadian Pacific Railway Company of the whole of the railway and railway undertaking of the Company, including amongst other things its right-of-way, stations, station­ grounds and other buildings and erections connect­ ed therewith, water-stations, telegraph and tele­ phone lines, and all other property included in the construction of the railway; and for all and any purposes incidental to the ~onstruc­ tion, operation and acquisition of the railway by Canadian Pacific Railway Company. 5.

(1) The provisions of The Railway Act shall be and the same are hereby incorporated with and shall be deemed to be part of this Act and shall apply to the Company and to the railway except so far as the same may be incon­ sistent with the express enactments hereof.

(2) The provisions of The Railway Act referring to the construction of branch lines and spur lines or tracks apply to the Company and to the railway but sections 7 to 69 in­ clusive,

section 148 and

section 234 of The Railway Act shall not apply to the Company.

(3) Where other or inconsistent provision is made in the Memorandum and Articles of Association of the Company in respect of the matters dealt with in The Railway Act the provisions of the said Memorandum and Articles shall prevail. 6. (1 ) Nothing contained in this Act confers on the Company the right or power to operate the railway for the purpose of carrying passengers for hire.

(2) The provisions of The Railway Act having exclusive application to the operation of a railway as a railway for the carrying of passangers for hire do not apply to the Company. 7. The Company may apply to the Board of Transport Commissioners for Canada, or any other proper authority, provincial or federal, for all necessary and proper orders and authorities to provide for the operation of the railway. 8. The construction of the railway shall be commenced within one year and shall be completed within two years from the date of the coming into force of this Act. 9.

(1) The Company may,- (

a) construct and operate an electric telephone and telegraph line along the railway; (

b) construct and maintain such bridges as may be necessary and convenient for the use of the railway.

(2) The CQmpany shall nQt cQnstruct a bridge .over a navigable river .or water unless the bridge is authQrized by the G.overnQr General .of Canada in CQuncil. 10. Any railway cQnstructed under legislative authQrity JYr~tif~ may be j.oined t.o the railway UPQn appli~atiQn tQ the ;VailW~Y er Minister having jurisdictiQn and UPQn such terms as the Minister may determine. 11. This Act shall CQme intQ fQrce .on the day upon Assent which it is assented tQ.

FOURTH'SESSION ELEVENTH LEGISLATURE 15 GEORGE VI 1951 BILL

An Act to Empower Alberta Coal Company Limited to Construct and Operate a Colliery Railway. Received and read the First time Second time Third time .... MR. MACKIE. Title: 1951 (11th, 4th) Bill 6,

An Act to Empower Alberta Coal Company Limited to Construct and Operate a Colliery Railway