Bill 8 (Legislature 5, Session 4)

L5 S4 9404

Alberta — Bills

BILL No.8 of 1924.

An Act to Empower the Medicine Lake Collieries, Limited, to Construct and Operate a Colliery Railway. (1ssented to , 1924.)

WHEREAS the Medicine Lake Collieries, Limited, a company incorporated under The Companies Act, hav ing its head office in the City of Edmonton in the Province of Alberta, was so incorporated with power inter alia to mine coal and other minerals under the provisions of certain leases upon lands situated in the vicinity of Medicine Lake and Crooked Creel{ and elsewhere in the said Province; And

whereas a petition has been presented by the said company praying that fo}' the proper development of its said coal fields and the marketing of its coal, it is necessary that the company be given power to construct and operate a colliery railway; 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. The Medicine Lake Collieries, Limited, hereinafter called "the company," may layout, construct and operate a railway, hereinafter referred to as "the said railway," of the gauge of four feet eight and one-half inches from a point in or near

section eight, township forty-five, range twenty, west of the fifth meridian, by the 1110st feasible route, to connect with the Alberta Coal Branch of the Canadian National Hailway in the said Province at or neal' Lovett Station on the said last mentioned railway line, or at any other feasible point of juncture with the said line. 2.

The company may enter into an agreement or agree ments with the Canadian National Railways, or with any other railway company that operates a railway 01' railways in the said province, for the operation of the said railway by the Raid Canadian National Railways or by such other raihnw company, and for the maintenance thereof by the company or by the said Canadian National Railways or other railway company as may be agreed, and for the reim bursement to the company of the cost of construction of the said railway by the said operating company by an allowance or allowances by way of rebate or otherwise on the freight shipped or passing over the said railway or any part there-

2 of; or for such reimbursement in any other manner that may be agreed upon; and for the transfer to or acquisition by the said Canadian National Railways or other railway company of the said milway and all the powers of the com pany in connection therewith and of its right-of-way, stations, &tation-grounds and other buildings and erections connected therewith, water-stations, telegraph and tele phone lines, and all other property included in the construc tIon of the said railway, upon the company being so reim bursed the cost of construction thereof, or otherwise as may be agreed upon, and for all and any purposes incidental to the construction, operation and acquisition of the said rail way by the said Canadian National Railways or by such other railway company. 3.

The several clauses 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 said railway except so far as the same may be incon sistent with the express enactments hereof, and the expres sion "this Act" when used herein shall be understood to include the said clauses of the said Railway Act, and for greater certainty it is hereby declared that the several clauses of the said Railway Act referring to the construc tion of branch lines and spur lines or tracks are incorporated herein, but sections 9 to 61 inclusive and sections 148 and 234 of the said Railway Act shall not apply to the company; and 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 Ra1:lway Act the provisions of the said memorandum and articles shall pre vail; and in the event of an operating agreement or agree ments being entered into as aforesaid by the company, not withstanding anything in the said Railway Act, the said railway may, if so provided in such operating agreement, be operated under and pursuant to the provisions of any statute of Canada applicable to the operation of a railway line by the Canadian National Railways 01' any other rail way company incorporated by or under the authority of the Parliament of Canada, and in such event the provisions of The Rnilwny Act as to the operation of the said railway shall, to the extent that it shall be necessary to give effect to the provisions as to operation so hereby made applicable to the said railway, be taken to be superseded; but nothing herein contained shall be taken to prevent the said railway being operated either by the company or by the Canadian National Railways or any such other railway company under the provisions as to operation contained in the said Railway Act: Provided that notwithstanding anything herein contained, upon the acquisition of the said railway by the Canadian NatIOnal Railwavs or by any other railway company the provisions of

section 148 of The Railwny Act shall apply to the company so acquiring the said railway.

3 4. The company, or the Canadian National Railways, or such other railway company as aforesaid with which any such operating agreement is entered into, may apply to the Board of Railway 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 said railway. 5. The construction of the railway hereby authorized shall be commenced within one year and shall be completed within three years from the date of the coming into force of this Act. 6.

The company shall also have power for the purposes of its undertaking to construct and operate an electric tele phone and telegraph line or lines along the said railway and to construct and maintain such bridges as shall be necessary and convenient for the use of the said railway, not being bridges over any navigable river or rivers or waters, unless such bridge or bridges over such navigable river or rivers or waters has or have been authorized by the Governor General of Canada in Council. 7.

Any railway line duly constructed under legislative authority may be joined on to the said line of railway upon application to the Minister of Railways and upon such terms as the Minister may determine.

No.8. FOURTH SESSION FIFTH LEGISLATURE 14 GEORGE Y 1924 ]lII~L

An Act to Empower the l\fedicinf> Lake Collieries, Limited, to Construct and Operate a Colliery Railway. Received and read the First time . ... .. ...... . .. Second time . . .. . ........... . Third time ...... . MR. llEFFERNAN. EDMONTON: .T. \Y .. JEFFERY. Kn,G's p,W"''I:I: A.n.19"·1 Title: 1924 (5th, 4th) Bill 8,

An Act to Empower the Medicine Lake Collieries, Limited, to Construct and Operate a Colliery Railway

Document details

Collection	Alberta — Bills
Citation	L5 S4 9404
Type	bill
Volume / chapter	L5 S4 9404
Language	en
Format	json
Source	PROVINCIAL
Identifier	7931d71ea2d60bb0e29d49a6cd4bbe3558ed76e9

Source file is stored in the law ingest library (json).