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“Point in Time” Act Content

BRITISH COLUMBIA RAILWAY ACT

[RSBC 1996] CHAPTER 36

NOTE: Links below go to act content as it was prior to the changes made on the effective date. (PIT covers changes made from September 6, 2000 to "current to" date of the act.)
SECTIONEFFECTIVE DATE
1December 19, 2003
 January 14, 2010
 April 1, 2010
5.1September 16, 2005
6May 1, 2008
 May 1, 2008
 July 1, 2008
 July 1, 2010
 July 1, 2010
 April 1, 2013
8October 31, 2002
 December 19, 2003
 December 19, 2003
20December 19, 2003
29December 19, 2003
 April 1, 2010
 April 1, 2010
32March 30, 2023
33.1April 1, 2010
45 to 53December 19, 2003
52March 30, 2023
53December 18, 2006

  Section 1 definitions of "BC Rail Partnership", "local government", "minister", "Port Subdivision Subsidiary", "rail service", "railbed assets", "railway property", "revitalization agreement", "revitalization rail operator", "revitalization rail services" and "subdividable properties" were added by 2003-91-1, effective December 19, 2003 (BC Reg 493/2003).

  Section 1 definition of "minister" BEFORE amended by BC Reg 5/2010 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).

"minister", except in sections 29 (b), 48 and 50, means the Minister of Transportation, and, in sections 48 and 50, includes that minister;

  Section 1 definition of "minister" BEFORE amended by 2010-2-2, effective April 1, 2010.

"minister", except in sections 29 (b), 48 and 50, means the minister responsible for the administration of the Transportation Act, and, in sections 48 and 50, includes that minister;

  Section 5.1 was enacted by 2003-91-2, effective September 16, 2005 (BC Reg 284/2005).

  Section 6 (3) (part) BEFORE amended by 2008-10-3(a), effective May 1, 2008 (Royal Assent).

(3)  Despite the exemption from tax referred to in subsection (1) and section 16, with the approval of the Lieutenant Governor in Council, the company may make, in relation to property of the company or a subsidiary that is within an applicable area, annual grants to

  Sections 6 (4) and (5) were added by 2008-10-3(b), effective May 1, 2008 (Royal Assent).

  Section 6 (1) BEFORE amended by 2008-40-96, effective July 1, 2008.

(1)  The exemption from taxation conferred by section 2 of the Pacific Great Eastern Railway Taxation Exemption Act, S.B.C. 1926-27, c. 52, as enacted by the Pacific Great Eastern Railway Taxation Exemption Act Amendment Act, 1929, S.B.C. 1929, c. 49, does not exempt the company from liability for tax under the Hotel Room Tax Act or the Motor Fuel Tax Act or for tax or levy under the Social Service Tax Act.

  Section 6 (1) BEFORE amended by 2010-18-1, effective July 1, 2010.

(1)  The exemption from taxation conferred by section 2 of the Pacific Great Eastern Railway Taxation Exemption Act, S.B.C. 1926-27, c. 52, as enacted by the Pacific Great Eastern Railway Taxation Exemption Act Amendment Act, 1929, S.B.C. 1929, c. 49, does not exempt the company from liability for tax under the Carbon Tax Act, the Hotel Room Tax Act or the Motor Fuel Tax Act or for tax or levy under the Social Service Tax Act.

  Section 6 (1) BEFORE amended by 2010-5-168, effective July 1, 2010.

(1)  The exemption from taxation conferred by section 2 of the Pacific Great Eastern Railway Taxation Exemption Act, S.B.C. 1926-27, c. 52, as enacted by the Pacific Great Eastern Railway Taxation Exemption Act Amendment Act, 1929, S.B.C. 1929, c. 49, does not exempt the company from liability for tax under the Carbon Tax Act, the Hotel Room Tax Act or the Motor Fuel Tax Act or for tax or levy under the Social Service Tax Act.

  Section 6 (1) BEFORE amended by 2013-1-67, effective April 1, 2013.

(1)  The exemption from taxation conferred by section 2 of the Pacific Great Eastern Railway Taxation Exemption Act, S.B.C. 1926-27, c. 52, as enacted by the Pacific Great Eastern Railway Taxation Exemption Act Amendment Act, 1929, S.B.C. 1929, c. 49, does not exempt the company from liability for tax under the Carbon Tax Act, the Consumption Tax Rebate and Transition Act, the Hotel Room Tax Act, the Motor Fuel Tax Act or Part 7.1 of the South Coast British Columbia Transportation Authority Act or for tax or levy under the Social Service Tax Act.

  Section 8 (2) was added by 2002-63-1, effective October 31, 2002.

  Section 8 (2) BEFORE amended by 2003-91-3(a), effective December 19, 2003 (BC Reg 493/2003).

(2)  Despite the agreement referred to in section 2 (1), the common law and the provisions of this or any other enactment, including the Railway Act and the Act to Ratify an Agreement bearing Date the Tenth Day of February, 1912, between His Majesty the King and Timothy Foley, Patrick Welch, and John W. Stewart, and an Agreement bearing Date the Twenty-third Day of January, 1912, between the Grand Trunk Pacific Railway Company and the Grand Trunk Pacific Branch Lines Company and said Foley, Welch, and Stewart, none of the company, any subsidiary or any person under the control of the company or of any subsidiary is required to provide passenger service over all or any part of its line or lines of railway in British Columbia.

  Section 8 (3) was added by 2003-91-3(b), effective December 19, 2003 (BC Reg 493/2003).

  Section 20 BEFORE repealed by 2003-91-4, effective December 19, 2003 (BC Reg 493/2003).

 Lease or sale of lines

20  With the prior approval of the Lieutenant Governor in Council, the company may lease or sell the lines and property of the company to any other company.

  Section 29 BEFORE re-enacted by 2003-91-5, effective December 19, 2003 (BC Reg 493/2003).

 Government ownership of share capital

29  (1)  The government may continue to hold all the issued shares in the share capital of the company, however acquired.

(2)  The shares may be registered in the name of the minister who administers this Act.

(3)  The Lieutenant Governor in Council may exercise all the powers and perform all the functions of shareholders in the company.

  Section 29 (a) BEFORE amended by 2010-2-3, effective April 1, 2010.

(a) must be registered in the name of the Minister of Finance,

  Section 29 (b) BEFORE repealed by 2010-2-3, effective April 1, 2010.

(b) must be held by that minister on behalf of the government, and

  Section 32 (1) BEFORE amended by 2023-10-25, effective March 30, 2023 (Royal Assent).

(1) A director may appoint another director to be his or her proxy to vote at a meeting of the board.

  Section 33.1 was enacted by 2010-2-4, effective April 1, 2010.

  Sections 45 to 53 were enacted by 2003-91-6, effective December 19, 2003 (BC Reg 493/2003).

  Section 52 (11) BEFORE repealed by 2023-10-26, effective March 30, 2023 (Royal Assent).

(11) Section 258 of the Railway Act does not apply to any disposition contemplated under this section.

  Section 53 (e) BEFORE amended by BC Reg 367/2006 under RS1996-440-12, effective December 18, 2006 (BC Reg 367/2006).

(e) give any guarantee contemplated by section 21 of this Act without seeking or obtaining the approval of the Lieutenant Governor in Council under that section 21;