Bill ID 3622 (Legislature 20, Session 2)

L20 S2 3622

Alberta — Bills

1984 BILL PR 14 Second Session, 20th Legislature, 33 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL PR 14 CENTRAL WESTERN RAILWAY CORPORATION ACT MR. STROMBERG First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Definitions BiU PR 14 Mr. Stromberg BILL PR 14 1984 CENTRAL WESTERN RAILWAY CORPORATION ACT (Assented to , 1984) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 In this Act, (a) "Corporation" means the Central Westem Railway Cor poration incorporated by this Act; (b) "Minister" means the Minister of Transportation; (c) ' 'railway'', when used with reference to a railway of the Corporation, means a railway that the Corporation has authority to construct, own, maintain or operate and includes (

i) all branches, extensions, sidings, stations, depots, wharves, rolling stock, equipment, stores, real or personal property and works connected therewith, and (ii) any road or any bridge, tunnel or other stmctm-e that the Corporation is authorized to constmct, own, maintain or operate; (d) "Uniform Code of Operating Rules" means the Uniform Code of Operating Rules prescribed by the Canadian Transport Commission pursuant to the Railway Act (Canada). 1

Incorporation 2 Thomas PayHC, locomotive engineer, of Edmonton, Melvin P. Leinweber, yardmaster, of Edmonton and Ralph Garrett, professional engineer, of Calgary, together with the persons who become share holders in the Corporation after the commencement of this Act, are incorporated as a body corporate under the name "Central Westem Railway Corporation". Application of 3(1) Subjcct to subscctions (2) to (7), the Business Corporations Colorations Act Act appHcs to thc Corporatlon as though it were incorporated under that Act.

(2) The Corporation shall, within 60 days after the conunencement of this Act, send to the Registrar of Corporations articles called "ancillary articles of incorporation" respecting the Corporation together with a certified copy of this Act.

(3) The ancillary articles of incorporation referred to in sub section (2) (

a) shall be similar in form to articles of incorporation under the Business Corporations Act and, subject to clause (b), shall contain the information set out in

section 6(1) of the Business Corporations Act; (

b) shall show the restrictions on the businesses that the Cor poration may carry on in the same terms as subsection (4); (

c) shall be filed by the Registrar of Corporations without charge.

(4) The businesses that the Corporation may carry on are restricted to (

a) the business of operating railways for the carriage of freight, and (

b) any other businesses that are ancillary or incidental to the business of operating raiilways for the carriage of freight.

(5) A reference to articles of incorporation in a provision of the Business Corporations Act applicable to the Corporation shall, in relation to the Corporation, be read as a reference to the ancillary articles of incorporation referred to in subsection (2).

(6) The following provisions of the Business Corporations Act do not apply to the Corporation: sections 8 and 9;

section 10(9); sections II to 13;

section 167(l)(

a) and (b);

section 182;

section 184(l)(

b) and (d).

(7) If the Corporation amalgamates with another corporation pur suant to the Business Corporations Act (

a) the amalgamated corporation shall be called'' Central West em Railway Corporation", (

b) the amalgamated corporation becomes the Corporation under this Act, and (

c) the certificate of amalgamation issued by the Registrar of Corporations shall not be deemed to be a certificate of incor poration ofthe Corporation under

section 180(

g) ofthe Business Corporations Act.

(8) If the Corporation is dissolved pursuant to the Business Cor porations Act, this Act may be repealed by Proclamation. Authorized 4(1) j^g CorporatioH is authorized to operate operations ^ ' r (

a) the railway commonly known as the Stettler Subdivision of Canadian National Railways from the Ferlow Junction (mile age 0.00) to Dinosaur Junction (mileage 108.02), after the pur chase of that railway by the Corporation, and (

b) with the consent of the Minister, all or part of any other existing railway within Alberta after its purchase by the Cor poration.

(2) With the consent of the Minister, the Corporation may constmct a railway within Alberta and operate the railway so constmcted. Railway Act 5(1) Subjcct to subscctious (2) to (4), the Railway Act is incor porated with and is deemed to be part of this Act.

(2) The following provisions of the Railway Act do not apply to the Corporation or a railway of the Corporation: sections 6 to 69; sections 104 to 125; sections 128 to 131; sections 149(1), 151 and 152; sections 164 to 168; sections 170, 171 and 174; sections 182 to 189; sections 200 to 211; sections 213 to 216;

section 218(2)(d), (3) and (4); sections 230 and 234 to 236;

section 245.

(3) Section 160 of the Railway Act does not apply to the Corpo ration in respect of any railway purchased by it that was being operated prior to the purchase.

(4) References to the Lieutenant Govemor in Council in the fol lowing provisions of the Railway Act shall, in relation to the Cor poration or a railway of the Corporation, be read as references to the Minister:

section 71(a); sections 86 and 87.

(5) Section 231(1) of the Railway Act shall, in relation to the Cor poration, be read as though "and July 1" did not not appear in the subsection. Standards; §(1) /^\\ englncs, cars and trains used in the operation of the operating rues Corporatiou's railways shall comply with the standards of the Asso ciation of American Raikoads.

(2) The railways of the Corporation shall be operated and main tained in accordance with the Uniform Code of Operating Rules as though that Code had been prescribed pursuant to

an Act of the Legislature.

(3) Subject to subsection (2), the Corporation may make mles respecting the operation of its railways and shall file a copy of those mles with the Minister. Employee qualifications 7(1) The Corporation shall not employ any person to perform any operational functions relating to the operation of a railway of the Corporation, other than as a locomotive engineer, unless the employee (

a) is qualified to perform the functions of his class of employ ment by reason of having passed the examinations and having become so qualified under the provisions of the Uniform Code of Operating Rules applicable to that class of employment, and (

b) has completed to the satisfaction of the Corporation any training program that the Corporation considers necessary to ensure that the employee is adequately qualified to safely perform his duties in that class of employment.

(3) The Corporation shall not employ any person as a locomotive engineer unless that person (

a) is qualified to be employed as a locomotive engineer pur suant to subsection (4), or (

b) has, to the satisfaction of the Corporation, completed the Corporation's training program as a locomotive engineer.

(4) The Corporation may employ as a locomotive engineer a person who has been employed as a locomotive engineer by another railway corporation in Canada or the United States of America if that person

Fences; cattle Liability and insurance (

a) fumishes to the Corporation a tme copy of the certificate of qualification as a locomotive engineer issued to him by the other railway corporation, (

b) completes an examination under the Uniform Code of Operating Rules, as presented by the Corporation, to levels of performance as required by the Corporation, and (

c) completes to the satisfaction of the Corporation a sufficient number of student trips to ensure his familiarity with the geo graphical characteristics of the division of the Corporation's railway on which he will be engaged as a locomotive engineer. 8( 1) The Corporation shall erect and maintain fences of appropriate design and constmction at places along the right of way of its railways where fences are required by reason of the use to which the adjoining land is put.

(2) The Corporation shall constmct and maintain cattle guards (

a) at farm crossings where cattle guards are required by reason of the presence of livestock on the adjoining farm land, and (

b) at highway crossings to prevent livestock from straying on the railway right of way, if there is a reasonable likelihood of livestock straying onto the railway right of way at the highway crossing. 9(1) In the event of an accident in the operation of a railway of the Corporation that results in death or injury to any person or injury to property, the liability of the Corporation shall not exceed $20 000 000 in the aggregrate in respect of all claims against the Corporation arising out of that accident.

(2) The Corporation shall, at all times while it owns or operates a railway, maintain insurance in an amount sufficient to cover its max imum liability under subsection (1) and shall, whenever required to do so by the Minister, provide to the Minister proof of its compliance with this subsection. In accordance with

section 4(1) ofthe

Interpretation Act, this BiU comes into force on the date U receives Royal Assent. Title: 1984 (20th, 2nd) Bill Pr14, Central Western Railway Corporation Act

Document details

Collection	Alberta — Bills
Citation	L20 S2 3622
Type	bill
Volume / chapter	L20 S2 3622
Language	en
Format	json
Source	PROVINCIAL
Identifier	f5b8aa401864c931689d8542822939b46948fc0e

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