5  A certificate signed by the minister under section 32, 65, 68, 69, 122, 134, 162, 190, 191, 200, 201, 202, 205, 208, 225, 226, 227, 237, 238, 239, 241 or 244

 Incorporation

6  (1)  By subscribing their names to a printed memorandum of association and otherwise complying with the requirements of this Act in respect of registration, any 5 or more persons may form an incorporated company for the purpose of establishing an undertaking and constructing or acquiring a railway between any named termini located entirely in British Columbia.

(2)  The liability of the members of a company formed under subsection (1) is, without any other mention or provision, limited to the amount, if any, unpaid on the shares respectively subscribed for and held by them.

(3)  The memorandum of association of a company formed under subsection (1) must be in the following form:

(4)  A subscriber to the memorandum of association by so subscribing becomes a shareholder in the company.

 No unauthorized railway company to be formed

7  A company with the word "railway" as part of its corporate name, or with the power to establish a railway undertaking, may be formed only under this Act or as authorized by the Lieutenant Governor in Council.

 Registration

8  (1)  A memorandum of association signed under this Act must be filed with the Registrar of Companies.

(2)  There must be paid to the registrar, for the incorporation of a company under this Act, the fee set out for the incorporation of a company under the Business Corporations Act and payment of the applicable fee is a condition precedent to the Registrar of Companies filing the memorandum of association.

(3)  After registration of the company, the company must pay the fees required under the Business Corporations Act for all matters and transactions in the office of the Registrar of Companies.

 Certificate of incorporation

9  (1)  On the registration of the memorandum of association and the payment of the fees, the Registrar of Companies must issue, in duplicate, a certificate under the seal of office of the registrar, showing that the company is incorporated.

(2)  From the date of incorporation mentioned in the certificate of incorporation the subscribers to the memorandum of association, together with the other persons that may become members of the company, are a corporation

(a) by the name in the memorandum,

(b) capable immediately of exercising all the functions of an incorporated company,

(c) with perpetual succession and a common seal,

(d) with power to establish a railway undertaking,

(e) with all the other powers provided in this Act, and

(f) with the liability of the members limited to the amount, if any, as may remain unpaid on the shares respectively held by them.

 Filing certificate and making deposit

10  The company must file the duplicate certificate issued by the Registrar of Companies in the ministry within 30 days after the date of its issuance, including the day of the issuance.

 Alteration of authorized share structure

11  The company may alter its authorized share structure, as that term is defined in the Business Corporations Act, in the manner, and subject to the rights and obligations, provided for in that Act.

10  (1)  The company must file the duplicate certificate issued by the Registrar of Companies in the ministry within 30 days after the date of its issuance, including the day of the issuance.

(2)  The company must pay a deposit of $15 000 to the minister within the period of 30 days or within an extended time set by the minister.

(3)  The amount paid under subsection (2) must be refunded to the company without interest if the company completes its line of railway in the manner and within the time set by this Act, but otherwise the money forms part of the consolidated revenue fund.

(4)  If the duplicate certificate is not filed within the period of 30 days, or if the payment of $15 000 is not made within the period of 30 days or the extended time, if any, set by the minister,

(a) the certificate of incorporation becomes absolutely void,

(b) the company ceases to exist, and

(c) any assets of the company must be divided among its members in the manner and proportions as the minister, on the application of a shareholder, in a summary manner, may order and direct.

(5)  This section is deemed to be retroactive in the case of any company incorporated since January 1, 1918, and even though the period of 30 days may have elapsed since the incorporation of the company, the minister has power, in his or her discretion, to extend the time for filing the duplicate certificate of incorporation of the company and for the payment of the sum of $15 000, and the certificate of incorporation of that company is revived and is in full force and effect as if the deposit of the duplicate of the certificate and payment of the sum of $15 000 had been made within 30 days from the date of the incorporation of the company.

 Order setting share capital and borrowing powers

11  Within 90 days after the filing of the duplicate certificate with the minister and payment of the fee, the company must apply to the minister for an order

(a) setting the aggregate amount of the share capital of the company, and the number and denomination of the shares into which the share capital is to be divided, and

(b) defining the borrowing powers of the company.

 Alteration of authorized share capital

11  (1)  The company may alter its authorized share capital in the manner, and subject to the rights and obligations, provided for in Part 8 of the Company Act.

(2)  A certified copy of the resolution which alters authorized share capital must be filed with the Registrar of Companies.

 Discretion of minister

12  (1)  On the application the minister may

(a) refuse to approve the undertaking, in which case the certificates issued by the Registrar of Companies must be cancelled, or

(b) approve of the undertaking, in which case the minister may, by certificate in duplicate, and in the minister's absolute discretion,

(i)  set the aggregate amount of the share capital of the company, and

(ii)  set the number and denomination of the shares into which the share capital is to be divided.

(2)  If the minister issues a certificate, the company must promptly file the duplicate certificate with the Registrar of Companies.

(3)  After the granting of a certificate by the minister under this section the company is at liberty to apply to the minister for power to increase the nominal share capital of the company, and the minister has power to and may, in the minister's discretion, issue, in duplicate, a certificate

(a) authorizing any increase in the share capital of the company, and

(b) setting the number of the shares and the denominations into which the increased share capital must be divided and issued.

(4)  The granting of a certificate under subsection (3) for increased capital is in the absolute discretion of the minister, and the minister has power to and may set the conditions to be complied with by the company before the granting of any certificate for any increase in capital.

 Minister to define borrowing powers

13  (1)  On application by a company, the minister may, in the minister's absolute discretion, define and establish the borrowing powers of the company, and by certificate, in duplicate, may provide for and authorize the issue by the company of bonds, debentures and other securities up to the extent per mile of the railway of the company as the minister in the minister's absolute discretion thinks fit.

(2)  After a certificate is issued under subsection (1), a company may apply to the minister for power to increase the number or amount of bonds, debentures and other securities to be issued by the company, and the minister may, in the minister's absolute discretion, issue, in duplicate, a certificate authorizing an increase in number or amount of bonds, debentures and other securities to be issued by the company up to the extent per mile of railway of the company, or specially in respect of a part or portion or projected or intended part or portion of the undertaking of the company, as the minister in the minister's absolute discretion thinks fit.

(3)  Despite subsection (2), the minister may set the conditions to be complied with by a company before the granting of a certificate for any increase in issue.

(4)  The minister may, in the minister's absolute discretion, in and by the certificate provide for the conditions on which any authorized bonds, debentures or other securities may be sold, including their minimum price, and generally specify, make and enforce conditions under which the proceeds must be applied in and toward the construction or extension of the undertaking of the company, and not otherwise.

 Mining under or within 40 yards of any railway

28  (1)  An owner, lessee or occupier of mines or minerals lying under the railway or any of the works connected with them, or within 40 yards from them, must not work the mines or minerals until permission has been obtained from the minister.

(2)  On any application to the minister for permission to work mines or minerals, the applicant must submit a plan and profile of the portion of the railway to be affected, and of the mining works or plant affecting the railway proposed to be constructed or operated, giving all reasonable and necessary information and details as to the extent and character of the same.

(3)  The minister may

(a) grant the application on the terms and conditions for the protection and safety of the public as to the minister seem expedient, and

(b) order that other works be executed or measures taken under the circumstances appear to the minister best adapted to remove or diminish the danger arising or likely to arise from the mining operations.

(4)  Every grant of an application must be by certificate of the minister.

 Special matters requiring permission

29  (1)  A company may apply to the minister for any of the following:

(a) permission to construct branch lines, or to extend the railway of the company;

(b) permission to extend or add to the undertaking of the company and not falling within the scope of any statutory prohibition;

(c) permission to invest the money of the company in the purchase of the bonds, stocks, shares or securities of any other company;

(d) permission to acquire the undertaking or any part of the railway of any other company, or to sell the undertaking or any part of the railway of the company;

(e) permission to amalgamate and consolidate the undertaking of the company with the undertaking of any other company.

(2)  A permission given by the minister under this section must be by certificate in writing and in duplicate.

(3)  The duplicate certificate must be deposited and registered by the company with the Registrar of Companies within 30 days after its issue.

(4)  A company must not do, or commence or attempt to do, any of the things referred to in this section without first applying to the minister and obtaining the minister's permission.

(5)  On an application under this section the minister, in the minister's absolute discretion, may either refuse permission altogether or may grant permission in part and refuse permission in part, and to the extent to which permission is granted may and must, by certificate in duplicate, give to the company permission subject to the terms, conditions, requirements and stipulations the minister, in the minister's absolute discretion, may see fit to impose.

(6)  The minister may, on application, permit the owner of any industry or business or any person proposing to establish any industry or business, if the industry or business or proposed industry or business is within 6 miles from the railway, to have traffic carried over any spur or branch line constructed under this section, or over any part of the spur or branch line, or to have the spur or branch line extended.

(7)  In granting permission under subsection (6), the minister may impose conditions the minister thinks just and reasonable.

(8)  A person obtaining permission under subsection (6) must have regard to the convenience of the person having senior rights in the spur or branch line.

(9)  When permission has been granted under subsection (6), a company operating the spur or branch line must carry traffic on it in accordance with the permission.

(10)  A spur or branch line constructed under this section must not be removed without the consent of the minister.

(11)  A company obtaining any permission under this section must comply with

(a) every term, condition, requirement and stipulation set and imposed by the minister, and

(b) every provision of this Act relating to the subject matter of the permission.

 Additional general powers

31  Subject only to the obtaining of permission or approval from the minister if required by this Act, a company may do one or more of the following:

(a) acquire and deal in, hold, sell, lease, mortgage and hypothecate property of all kinds, and in particular land, buildings, timber land or leases, timber claims, licences to cut timber, mines, mineral claims, placer claims and mineral and mining interests generally, surface rights and rights of way, water records and privileges, business concerns and undertakings, mortgages, charges, annuities, patents, licences, shares, stock, debentures, securities, policies, book debts, claims and any interest in property, and any claims against that property or against any persons or company;

(b) acquire and dispose of land and any rights over or connected with land;

(c) purchase, build, own, charter, use, hold, equip, maintain and operate steamships, sailing vessels and other vessels, boats and crafts, and carry on business as carriers of freight and passengers for hire, and own and operate docks and wharves, and carry on business as dockmasters and wharfingers;

(d) improve, manage, develop, dispose of, turn to account or otherwise deal with all or any part of the company's undertaking, railway, property and assets.

63  Any proceeding under Parts 1 to 7 of this Act relating to the ascertainment of payment of compensation, or the delivery of possession of land taken, or the putting down of resistance to the exercise of powers must be continued in the court in which the proceeding is commenced.

 Effect of defaults

64  (1)  If a company does not

(a) in good faith commence and continuously and effectually proceed with the construction of its railway within 12 months from the date of its incorporation or the issue of its certificate of incorporation, or within the extended time the minister may by writing signed by him or her allow,

(b) procure the actual payment up in cash of not less than 15% of the authorized share capital of the company within 2 years from the date of its incorporation or the issue of its certificate of incorporation, and expend the 15% in, on and toward the construction of its railway within the 2 years, or within the extended time the minister may by writing signed by him or her allow, and

(c) complete and put its railway into operation within 5 years from the date of its certificate of incorporation,

then the powers granted to the company by its certificate of incorporation and by this Act cease and are null and void as respects so much of the railway as remains uncompleted at the time of the making of default by the company in respect of any or either of the provisions and requirements of paragraph (a), (b) or (c) of this subsection.

(2)  Despite subsection (1), a company which has complied with all the provisions and requirements of paragraphs (a) and (b) of subsection (1), or has obtained an extension of time under either or both of those paragraphs, may apply to the minister for an extension of time within which to complete and put in operation its line of railway.

(3)  The minister may, in the minister's absolute discretion and by certificate, grant the extension subject to the conditions and stipulations the minister may think fit to impose.

(4)  On the issue of the certificate all the powers of the company remain in full force during the extended term, and subject to compliance with and performance of any and all conditions and stipulations imposed by the minister, but otherwise cease and are and become null and void as respects so much of the railway as remains uncompleted at the time of the happening of any default on the part of the company.

(5)  Despite subsection (1), every branch line and every extension of a line of railway by a company obtaining authority to construct the branch or extension must be completed within 2 years from the date of the authority to construct the branch or extension, or within the extended time set by the minister on the application of the company, and on good cause for extension of time shown to the satisfaction of the minister.

(6)  Subsections (1) to (5) apply to all railway companies incorporated by special Act of the Legislature before, on or after March 1, 1911 and accordingly the minister may, in the case of such a company, extend the time for doing any of the things specified in subsection (1) (a) and (b), and for the expenditure of not less than $10 000 in surveys or construction of the railway authorized to be built by special Act, even if the time for doing the thing or things has, at the time of the extension or extensions being granted, expired.

(7)  In case of an extension or extensions, the company receiving the extension or extensions is deemed to have, and to have always had, from the time its Act of incorporation came into force, its corporate existence and all of the rights, powers and privileges conferred by its Act of incorporation.

 Power to increase share capital

69  With the consent of the minister evidenced by the minister's certificate, the share capital of the company may be increased to any amount if

(a) an application by the company for the increase is approved by a majority vote of the shareholders present at a duly convened meeting of the shareholders of the company called for the purpose, among others, of considering and, if thought fit, passing a resolution approving the application for an increase in the share capital, and

(b) the minister in the minister's absolute discretion sees fit to consent by certificate to the increase.

 Head office and other offices of a company

65  (1)  A company must have its head office in British Columbia, to which all communications and notices may be addressed.

(2)  A company may change its location by a resolution of the majority of its directors.

(3)  Notice of the location of the head office and of any change in location must be given to the Registrar of Companies, who must file the notice.

(4)  [Repealed 2003-45-12.]

 Provisional directors

66  (1)  The subscribers to the memorandum of association of a company are the provisional directors of the company.

(2)  A majority of the provisional directors form a quorum, and are entitled to and may exercise the powers conferred in this Act.

(3)  The provisional directors may do the following:

(a) promptly open share books and registers and procure subscriptions for shares in the capital of the company;

(b) receive payments on account of shares subscribed;

(c) cause plans and surveys to be made;

(d) deposit in any savings institution money received by them on account of shares subscribed;

(e) if more than the number of shares offered for subscription have been subscribed, allocate and apportion the shares offered for subscription among the subscribers in the manner determined by resolution of the provisional directors.

 Denomination of shares and application of proceeds

67  (1)  [Repealed 2003-45-13.]

(2)  The money raised from the share capital of the company must be applied as follows:

(a) first, in payment of

(i)  all fees, expenses and disbursements in connection with the incorporation of the company,

(ii)  the expenses incurred in and about the sale of shares, which expenses must in no cases exceed 10% in par value of the shares sold, and

(iii)  the expenses of making surveys, plans and estimates of the works authorized by the memorandum of association of the company and by this Act;

(b) then, in payment of the expenses of making, equipping, completing and maintaining the railway and other purposes of the undertaking of the company.

 First meeting of shareholders

68  (1)  As soon as 25% of the authorized share capital has been subscribed and 10% of the amount subscribed has been paid into a savings institution in British Columbia, the provisional directors must, by a resolution of the majority of their number, determine the number of directors.

(2)  Promptly after determining the number of directors the provisional directors must call a meeting of the shareholders of the company at the place where the head office is located.

(3)  At the meeting the shareholders who have paid at least 10% of the number of shares subscribed for by them must, from the shareholders possessing the qualifications mentioned in this Act, elect the number of directors determined by the provisional directors.

(4)  Notice of the meeting must be given by advertisement for the time and in the manner in this Act required for meetings of shareholders.

(5)  The company may, by a resolution of 75% or more of its shareholders, change the number of directors for the company.

(6)  Copies of the resolutions referred to in subsections (1) and (5) must be filed with the Registrar of Companies.

 Shares to be personal property

70  The shares in the share capital of the company are personal property.

 Transfer of shares

71  (1)  Shares in the share capital of the company may be sold and transferred by their holders by instrument, in writing, made in duplicate.

(2)  One of the duplicate transfers must be delivered to the directors to be filed and kept for the use of the company, and an entry of it must be made in a book to be kept for that purpose.

(3)  Interest or dividends on the shares transferred must not be paid to the purchaser until the duplicate is delivered, filed and entered.

 Form of transfer

72  (1)  Except in the case of fully paid up shares, transfers must be in the following form:

I, A.B., in consideration of the sum of ...................... paid to me by C.D., sell and transfer to C.D. ........................ share [or shares] of the ....................., to hold to C.D., C.D.'s personal representatives and assigns [or successors and assigns, as the case may be], subject to the same rules and orders and on the same conditions on which I held the share [or shares] immediately before the execution of this. And I, C.D., agree to accept A.B.'s share [or shares] subject to the same rules, orders and conditions.

(2)  In the case of fully paid shares the transfer may be in the form required by bylaw of the company.

 Restrictions on transfers

73  (1)  Shares are not transferable until all previous calls on them have been fully paid up, or until the shares have been declared forfeited for the nonpayment of calls on them.

(2)  No transfer of less than a whole share is valid.

 Sale without certificate

74  The want of a certificate of proprietorship does not prevent the holder of any share from disposing of it.

 Transmission of shares otherwise than by transfer

75  (1)  If any share in the share capital of the company is transmitted by the death, bankruptcy, last will and testament, gift in contemplation of death or by the intestacy of any shareholder, or by any lawful means other than the transfer mentioned, the person to whom the share is transmitted must

(a) deposit in the office of the company a statement in writing, signed by the person, which must declare the manner of the transmission, and

(b) deposit with the statement a certified copy of the probate of the will and testament, or sufficient extracts from it, or of the letters of administration of the estate of the shareholder and other documents and proofs, if any, as in the opinion of the board of directors of the company, evidenced by resolution, are necessary.

(2)  Until the person complies with this section, a person to whom the share is transmitted is not entitled to receive any part of the profits of the company, or to vote in respect of the share as the holder of it.

 Company not bound to see to execution of trusts

76  (1)  A company is not bound to see to the execution of any trust, whether express, implied or constructive, to which any share or security issued by it is subject, whether or not the company has had notice of the trust.

(2)  A company may treat the registered holder as the absolute owner of the share or security, and is not bound to recognize any claim on the part of any other person with respect to the share or security, or the dividend or interest payable on it.

(3)  Nothing in this section prevents a person equitably interested in any share or security from seeking the intervention of the court to protect the person's rights.

 Forfeiture of shares on nonpayment of calls

77  (1)  A shareholder who defaults in the payment of any call payable by the shareholder, together with interest, if any, accrued on it, for a period of 2 months after the time appointed for its payment, forfeits to the company the shareholder's shares in the company, and all the profit and benefit of them.

(2)  No advantage may be taken of the forfeiture unless the shares are declared to be forfeited at a general meeting of the company, assembled at any time after the forfeiture has been incurred.

 Effect of forfeiture

78  A shareholder who forfeits shares under section 77 is by the forfeiture relieved from liability in all actions, suits or prosecutions that may be commenced or prosecuted against the shareholder for any breach of the contract existing between the shareholder and the other shareholders because of the shareholder having subscribed for or become the holder of the shares forfeited.

 Sale of forfeited shares

79  (1)  The directors may, subject as provided in this Act, sell, either by public auction or private sale, any shares declared to be forfeited, on authority having been first given by the shareholders, either at the general meeting at which the shares were declared to be forfeited or at any subsequent general meeting.

(2)  The directors must not sell or transfer more of the shares of the defaulter than will be sufficient, as nearly as can be ascertained at the time of the sale, to pay the arrears then due from the defaulter on account of any calls, together with interest, and the expenses of the sale and declaration of forfeiture.

(3)  If the money produced by the sale of the forfeited shares is more than sufficient to pay all arrears of calls and interest due at the time of the sale, and the expenses of the declaration of forfeiture and the sale of the shares, the surplus must be paid to the defaulter on demand.

(4)  If payment of the arrears of calls and interest and expenses is made before any share forfeited and vested in the company is sold, the share reverts to the person to whom it belonged before the forfeiture, who is entitled to it as if the calls had been duly paid.

(5)  Any shareholder may purchase any forfeited share so sold.

 Title of purchaser

80  (1)  A certificate of the treasurer of the company that any share of the company has been declared forfeited for nonpayment of any call, and that the share has been purchased by a purchaser named in it, constitutes, together with the receipt of the treasurer of the company for the price of the share, a good title to it.

(2)  The certificate must be registered by the treasurer in the name and with the place of residence and occupation of the purchaser, and must be entered in the books to be kept by the company.

(3)  On registration of a certificate in the books of the company, the purchaser is deemed to be the holder of the share.

(4)  The purchaser is not bound to see to the application of the purchase money.

(5)  The title of the purchaser to the share is not affected by any irregularity in the proceedings in reference to the sale.

 Limited liability

81  (1)  A shareholder is individually liable to the creditors of the company for the debts and liabilities of the company to an amount equal to the amount unpaid on the shares held by the shareholder, and until the whole amount of the shareholder's shares has been paid up.

(2)  Despite subsection (1), no action may be instituted or maintained against a shareholder in respect of the shareholder's liability until an execution at the suit of the creditor against the company has been returned wholly or partly unsatisfied.

 Municipal corporations may take shares

82  (1)  A municipal corporation may be registered as a member of a company, and may vote its shares by any person named in a resolution of the municipal corporation.

(2)  A copy of a resolution referred to in subsection (1), certified by the municipal corporate officer, must be deposited with the company.

 Equal rights of shareholders

83  All shareholders in a company, whether or not Canadian citizens, or residents in British Columbia or elsewhere,

(a) have equal rights to hold shares in the company and to vote on them, and

(b) subject to this Act, are eligible for office in the company.

 Limitation on investment

83.1  Unless authorized by resolution of 75% or more of its shareholders, a company must not, either directly or indirectly, employ any of its money in the purchase of its own shares, or in the acquisition of any shares, bonds or other securities issued by any other company.

 Record of shareholders

84  (1)  A true and perfect account of the names and places of residence and shareholdings of the several shareholders must be entered in a book which must be kept for that purpose.

(2)  The book must be

(a) open to inspection

(i)  by a shareholder without fee, and

(ii)  by any person not a shareholder on payment to the company of a fee of $1, and

(b) kept up to date so as to fully and accurately set out the state of title to all issued shares in the share capital of the company.

 Meetings

85  (1)  A general meeting of the shareholders for the election of directors and for the transaction of other business connected with or incident to the undertaking, to be called the annual meeting, must be held annually on the day set by the bylaws of the company, or on another day the directors determine.

(2)  Other general meetings, to be called special meetings, may be called at any time by the directors, or by shareholders representing at least 1/4 in value of the subscribed shares, if the directors, having been requested by those shareholders to convene a special meeting, fail for 21 days after that to call the meeting.

 Place of meetings and quorum

86  (1)  All general meetings, whether annual or special, must be held at the head office of the company.

(2)  At any meeting of the shareholders of a company 5 shareholders constitute a quorum, and they may exercise all the powers of the company and of the shareholders legally exercisable at the meeting.

 Notices of meetings

87  (1)  At least 2 weeks' public notice of any meeting must be given by advertisement published in the Gazette and in at least one newspaper published in the place where the head office is located.

(2)  The notices must

(a) specify the place and the day and the hour of meeting, and

(b) state concisely and without detail the nature of any special business intended to be brought forward for consideration at the meeting.

(3)  All the notices in newspapers must be published daily.

(4)  A copy of the Gazette containing the notice is, on production of it, sufficient evidence of the notice having been given.

 Business transacted at meetings

88  (1)  Any business connected with or incident to the undertaking may be transacted at an annual meeting.

(2)  A special meeting must not enter on any business not set out in the notice on which it is convened.

 Voting power

89  The number of votes to which each shareholder is entitled at any meeting of the shareholders is

(a) for fully paid up shares, one vote for each share, and

(b) for partly paid up shares, one vote for each number of shares the aggregate payments on which will equal the par value of one share.

 Representation by proxy

90  (1)  Every shareholder of a company, whether resident in British Columbia or elsewhere, may vote by proxy, if the shareholder sees fit and if the proxy deposits with the company an appointment in writing signed by the shareholder, in the words or as nearly as possible to the following effect:

I, ............................, of ............................, one of the shareholders of the ............................., appoint .........................., of ........................., to be my proxy, and in my absence to vote or give my assent to any business, matter or thing relating to the undertaking of ...................... that is mentioned or proposed at any meeting of the shareholders of the company, until notice of cancellation of this proxy is filed with the company, in the manner my proxy,.........................., thinks proper.

In witness of which I have set my signature ...................... [month, day, year].

(2)  The votes by proxy are as valid as if the constituents had voted in person, and each proxy is entitled to exercise the full voting power of his or her constituent.

(3)  Each instrument of proxy when deposited with the company revokes all prior instruments of proxy made by the same constituent.

 Majority vote binding on company

91  (1)  Unless otherwise provided in this Act, every matter or thing proposed or considered at any meeting of the shareholders must be determined by the majority of votes of those present or represented by proxy, subject only to the existence of a quorum as defined in this Act.

(2)  All decisions and acts of that majority bind the company and are deemed to be the decisions and acts of the company.

 Notices by secretary

92  All notices given by the secretary of the company by order of the directors are deemed to be notices by the directors of the company.

 Election of board of directors

93  (1)  A board of directors of the company to manage its undertaking must be chosen at the first annual meeting, to hold office until the next annual meeting and until successors are elected.

(2)  After the first annual meeting, a board of directors must be chosen at each succeeding annual meeting.

(3)  The number of members of the board of directors of a company must be the number set by certificate of the minister.

(4)  If an election of directors is not held at the annual meeting, the directors must cause the election to be held at a special meeting called for that purpose within as short a time as possible after the annual meeting.

(5)  A person must not vote at that special meeting unless the person would have been entitled to vote if the election had been held at the annual meeting.

(6)  A company must

(a) keep at its head office a register containing the names, addresses and occupations of its directors and managers, and

(b) send to the Registrar of Companies a true copy of the register, and notify the registrar of any change of directors or managers.

 Municipal corporations to be represented

94  The mayor or other head officer of any municipal corporation in British Columbia holding stock in any company to the amount of $20 000 or more is, while the person holds office, one of the directors of the company, in addition to the number of directors elected under this Act.

 Qualifications of directors

95  (1)  No person, other than a person representing a municipality under section 94, may be a director unless the person

(a) is a shareholder owning 20 shares,

(b) has paid all calls due on them, and

(c) is qualified to vote for directors at the election at which the person is chosen.

(2)  A person who holds any appointed or contractual office, place or employment in the company, or who is concerned or interested in any contract under or with the company, or is surety for any contractor with the company, is not capable of being chosen a director or of holding the office of director.

(3)  If the company has received aid toward the construction of its railway or undertaking or any part of it from the government, a majority of its directors must be Canadian citizens or permanent residents of Canada.

 Term of office

96  The directors appointed at the last election, or those appointed in their place to fill a vacancy, remain in office until the next election of directors or their successors are elected.

 Vacancies on the board

97  Vacancies on the board of directors must be filled in the manner required by the bylaws.

 Appointments to fill vacancies

98  (1)  In case of the death, absence or resignation of any of the directors, other persons may, unless otherwise required by the bylaws, be appointed in their place by the remaining directors.

(2)  If the remaining directors do not constitute a quorum, the shareholders, at a special meeting called for that purpose by the secretary, on direction from any one director, may, unless otherwise required by the bylaws, elect the other directors.

(3)  If the appointment or election is not made, the death, absence or resignation of a director does not invalidate the acts of the remaining directors.

 President and officers

99  (1)  At their first or at some other meeting after their election, the directors must elect one of their number to be the president of the company.

(2)  The directors may in similar manner elect a vice president, and elect or appoint a treasurer and secretary and other necessary officers and employees of the company, all of whom hold office during pleasure of the directors.

(3)  The president holds office until he or she ceases to be a director, or until another president has been elected.

(4)  Unless otherwise provided by bylaw, the president must always, when present, preside at all meetings of the directors.

(5)  The vice president must act as chair in the absence of the president.

 Quorum

100  (1)  A majority of the directors forms a quorum.

(2)  The directors at any meeting regularly held, at which not less than a quorum is present, are competent to exercise all or any of the powers vested in the directors.

(3)  The act of a majority of a quorum of the directors present at the meeting is deemed to be the act of the directors.

(4)  By resolution, the directors may set days and times for holding regular meetings of directors, and every meeting held under the terms of the resolution is deemed to be regularly held without any mode of convening or any notice.

(5)  No notice of the holding of any meeting of directors need be given to any director who, at the time of the issue of notices for the meeting, is not in British Columbia.

 Votes of directors

101  No director has more than one vote, except the chair, who, in case of a tie vote, has a casting vote.

 Directors subject to shareholders and bylaws

102  The directors are subject to all of the following:

(a) the examination and control of the shareholders to be exercised by action and resolution at meetings of shareholders;

(b) all bylaws of the company;

(c) the orders and directions made or given at the annual or special meetings of shareholders, if the orders and direction are not contrary to or inconsistent with any express direction or provision of this Act.

 Directors not to contract with company

103  A person who is a director of the company must not enter into or be, directly or indirectly, for the person's own use and benefit, interested in any contract with the company, other than a contract which relates to the purchase of land necessary for the railway, nor must such a person be or become a partner of or surety for any contractor with the company.

 Directors may make bylaws

104  (1)  The directors may make bylaws or pass resolutions, not inconsistent with law, for the following:

(a) the management and disposition of the shares and securities, property, business and affairs of the company;

(b) the appointment of all officers, servants and artificers, and may specify their respective duties and the compensation to be made for them;

(c) the retirement of the officers and servants, on the terms as to an annual allowance or otherwise, as in each case the directors, in the interest of the company's service and under the circumstances, consider just and reasonable.

(2)  The directors may also make bylaws or pass resolutions for the election or appointment of officers of the company, who need not be directors, as vice presidents of the company, and may by that bylaw or resolution specify the manner of the election or appointment and define the powers, duties, qualifications and term of office of the vice presidents, each of whom has and may exercise, subject to the limitations set out in the bylaw or resolution, all the powers of a vice president elected by the directors under section 99.

 Officers

105  (1)  The directors must

(a) appoint the officers they consider necessary, and

(b) take sufficient security they think proper from the managers and officers, for the time being, for the safekeeping and accounting for by them respectively of the money of the company, and for the faithful execution of their duties.

(2)  As the directors consider expedient, the security may be by bond or by the guarantee of any society or corporation incorporated and empowered to grant guarantees, bonds, covenants or policies for the integrity and faithful accounting of persons occupying positions of trust, or for other similar purposes.

 Powers of vice president during absence or illness of president

106  (1)  In case of the absence or illness of the president, the vice president elected under section 99

(a) has all the rights and powers of the president, and

(b) may sign all debentures and other instruments, and perform all acts which, by the regulations and bylaws of the company, are required to be signed, performed and done by the president.

(2)  The directors may, at any meeting of directors, require the secretary of the company to enter the absence or illness among the proceedings of the meeting.

(3)  A certificate of the absence or illness of the president, signed by the secretary of the company, must be delivered to any person requiring it, on payment to the treasurer of $1.

(4)  The certificate is proof in the absence of evidence to the contrary of the absence or illness at and during the period mentioned in the certificate.

 Accounts

107  (1)  The directors must cause to be kept, and annually, on June 30, to be made up and balanced, a true, exact and particular account of

(a) the money collected and received by the company, or by its directors or managers, or otherwise for the use of the company,

(b) the disbursements, charges and expenses attending the erecting, making, supporting, maintaining and carrying on of the undertaking, and

(c) all other receipts and expenditures of the company or the directors.

(2)  The directors must in each year prepare, for submission to the shareholders, the balance sheet of the company.

(3)  On the request of the directors of any company, the minister may set an annual date for the making up and preparation of the account and balance sheet under this section in respect of that company differing from the date specified in subsection (1).

 Balance sheet

108  (1)  The balance sheet must be certified and signed by a quorum of directors and by the treasurer and the secretary of the company, and one certified and signed copy of it must be laid before the shareholders at the next meeting of shareholders, and if that is a special meeting, then also at the next annual meeting.

(2)  A signed and certified copy of the balance sheet must be filed in the ministry and another signed and certified copy must be filed with the Registrar of Companies.

(3)  The directors must cause to be filed with the registrar at the same time as the balance sheet a list of all persons who at the date of the balance sheet are members of the company, and of all persons who have ceased to be members since the date of the last return or, in the case of the first return, of the incorporation of the company.

(4)  The list must contain

(a) the names, addresses and occupations of all the past and present members mentioned in it,

(b) the number of shares held by each of the existing members at the date of the return, specifying shares transferred since the date of the last return or, in the case of the first return, of the incorporation of the company by persons who are still members and have ceased to be members respectively,

(c) the dates of registration of the transfers, and

(d) a summary distinguishing between shares issued for cash and shares issued as fully or partly paid up otherwise than in cash, and specifying the following particulars:

(i)  the amount of the share capital of the company, and the number of the shares into which it is divided;

(ii)  the number of shares taken from the commencement of the company up to the date of the return;

(iii)  the amount called up on each share;

(iv)  the total amount of calls received;

(v)  the total amount of calls unpaid;

(vi)  the total number of shares forfeited;

(vii)  the names and addresses of the persons who at the date of the return are the directors of the company, or occupy the position of directors, by whatever name;

(viii)  the total amount of debt due from the company in respect of all mortgages and charges that are required to be registered with the registrar under this Act.

 Calls

109  (1)  The directors may make calls of money they consider necessary on the respective shareholders, in respect of the amount of capital respectively subscribed or owing by them, if the intervals between the calls, the notices of each call and the other provisions of this Act in respect of calls are observed and given.

(2)  At least 30 days' notice must be given of each call.

(3)  A call must not be more than 20% in par value of the shares affected by it.

(4)  Calls must not be made at intervals of less than 2 months from the previous call.

(5)  Nothing in this Act prevents the directors from making more than one call by one resolution of the board.

 Publication of notice of call

110  (1)  At least 4 weeks' notice of any call on the shareholders of the company must be given by weekly publication in the Gazette and in at least one newspaper published in the place where the head office of the company is located.

(2)  A copy of the Gazette containing the notice is, on production of it, sufficient evidence of the notice having been given.

 Liability of shareholder

111  A shareholder is liable to pay the amount of the calls made in respect of the shares held by the shareholder to the persons and at the times and places appointed by the company or the directors.

 Interest on overdue calls

112  If, on or before the day appointed for payment of any call, a shareholder does not pay the amount of the call, the shareholder is liable to pay interest on the amount, at the rate of 6% annually, from the day appointed for the payment to the time of the actual payment.

 Recovery by action

113  If, at the time appointed for the payment of any call, a shareholder fails to pay the amount of the call, the shareholder may be sued for it in any court of competent jurisdiction, and the amount is recoverable with interest from the day on which the call became payable.

 Pleadings in court proceeding

114  In a proceeding to recover money due on any call, it is not necessary to set out the special matter, but it is sufficient to declare that the defendant is the holder of one or more shares, stating the number of shares, and is indebted in the sum of money to which the calls in arrears amount in respect of one call or more on one share or more, stating the number and amount of each of the calls.

 Municipalities as shareholders

115  (1)  Municipal corporations in British Columbia may subscribe for any number of shares in the share capital of, or lend to or guarantee the payment of any sum of money borrowed by a company from any corporation or person, or endorse or guarantee the payment of any debentures to be issued by the company for the money borrowed by them, and may assess and levy on the whole rateable property of the municipality a sufficient sum for them to discharge the debt or engagement so contracted, and for the same purpose may issue debentures payable at the times and for the sums respectively, not less than $20, and bearing or not bearing interest, as the municipal corporation thinks fit.

(2)  The debentures issued, endorsed or guaranteed are valid and binding on the municipal corporation if signed or endorsed and countersigned by the officer or person in the manner and form as directed by any bylaw of the corporation, and the seal of the corporation is not necessary, nor the observance of any other form, with regard to the debentures than as directed in the bylaw.

(3)  A municipal corporation must not subscribe for shares or incur any debt or liability under this Act, or the special Act, unless and until a bylaw to that effect has been adopted with the approval of the electors obtained in accordance with the Community Charter.

(4)  A municipal corporation which has acquired by subscription shares in the capital of a railway company, or which has become the owner of a railway located in or partly in the corporate limits of the municipality, may, subject to the approval of the electors of the municipality, to be obtained in manner provided by the Community Charter in cases where money is borrowed by the municipality, and with the consent of the minister, sell and dispose of the shares of the railway, rolling stock and other assets belonging to it to any purchaser having corporate power to hold and operate a railway in British Columbia.

 Declaration of dividends

116  Dividends, at and after the rate of so much per share on the several shares held by the shareholders in the capital stock of the company, may be declared and paid by the directors out of the net profits of the undertaking.

 Reserve fund

117  (1)  The directors may, before recommending any dividend, set aside out of the profits of the company the sums they think proper as a reserve fund to meet contingencies for equalizing dividends or for repairing, maintaining, renewing or extending the railway or any portion of it.

(2)  The directors must submit their action in regard to the reserve fund to the shareholders at a general meeting for their approval.

(3)  The directors may invest the sum set apart as a reserve fund in the securities, not inconsistent with this Act, as they elect.

 Limitations as to dividends

118  (1)  A dividend must not be

(a) declared by which the capital of the company is in any degree reduced or impaired,

(b) paid out of that capital, or

(c) paid in respect of any share after a day appointed for payment of any call for money in respect of it until the call has been paid.

(2)  Despite subsection (1), the directors may in their discretion, until the railway is completed and opened to the public, pay interest at any rate, not exceeding 5% annually, on all sums actually paid in cash in respect of the shares, from the respective days on which they have been paid, and the interest accrues and must be paid at the times and places the directors appoint for that purpose.

 Rights of shareholders in arrears

119  No interest accrues to a shareholder in respect of a share on which any call is in arrears, or in respect of any other share held by the shareholder while the call remains unpaid.

 Arrears deducted from dividend

120  The directors may deduct from any dividend payable to a shareholder all or any sums of money due from the shareholder to the company on account of any call or otherwise.

 Records

121  In addition to any specific provisions for the keeping of records under this Act, it is the duty of the board of directors of a company to keep, and to cause to be kept, adequate and full and complete records of the transactions at all meetings of the shareholders of the company, of the board of directors of the company and of all transactions, matters, acts and things affecting the undertaking of the company, and its carrying on, management and conservation.

 Issue of securities

122  (1)  If the directors of a company have first obtained the consent of the minister evidenced by a certificate of the minister, they may issue bonds, debentures, perpetual or terminable debenture stock or other securities, if empowered for that purpose by resolution of the shareholders at any special meeting called for that purpose by notice in the manner provided by this Act, or at any annual meeting in case notice of intention to apply for the authority at the annual meeting has been given.

(2)  The securities must be signed by the president or other presiding officer and countersigned by the secretary or an assistant secretary.

(3)  The countersignature and the signature to the coupons attached to the securities may be engraved.

(4)  The securities may be made payable at the times and in the manner and at the place or places in Canada or elsewhere, and may bear interest at the rate the directors think proper.

(5)  A security must not be for a sum less than $100.

(6)  The directors may, for the purpose of raising money for prosecuting the undertaking, issue and sell or pledge all or any of the securities at the best price and on the best terms and conditions which at the time they may be able to obtain, but not exceeding the rate of discount or commission the minister may authorize by certificate.

(7)  The power of issuing securities conferred on the company by this Act must not be construed as being exhausted by any issue, and the power may be exercised from time to time.

 Mortgage deed

123  (1)  The company may secure the securities by a mortgage deed creating the mortgages, charges and encumbrances on the whole of the property, assets, rents and revenues of the company, present or future, or both, as are described in it, but the property, assets, rents and revenues are subject, in the first instance, to the payment of any penalty then or after that imposed on the company for noncompliance with the requirements of this Act, and next, to the payment of the working expenditure of the railway.

(2)  The mortgage deed must, within 14 days after its execution, be registered with the Registrar of Companies in manner required by the Company Act in respect of the registration of mortgage deeds.

(3)  A mortgage deed must not require registration or be registered under any Act respecting the registration of bills of sale.

(4)  By the mortgage deed, the company may

(a) grant to the holders of the securities, or the trustees named in the mortgage deed, all the powers, rights and remedies granted by this Act in respect of the securities, and all other powers, rights and remedies not inconsistent with this Act, or

(b) restrict the holders in the exercise of any power, privilege or remedy granted by this Act.

(5)  All the powers, rights and remedies provided for in the mortgage deed are valid and binding and available to the holders in manner and form as provided in it.

(6)  In order to preserve the priority of, or any rights conferred by, any mortgage, trust deed or other instrument of that nature issued, executed or given by a company for the purpose of paying the principal and interest due to the holders of bonds or debentures issued by the company, without preference or priority, the mortgage, trust deed or other instrument must be filed in the office of the Registrar of Companies, and in similar manner any agreement, or duplicate original of it, entered into by the company must also be filed in that office.

(7)  A copy of the mortgage, trust deed or other instrument or agreement filed under subsection (6), certified to be a true copy by the Registrar of Companies, must be received as proof in the absence of evidence to the contrary of the original in all courts in British Columbia without proof of any signature or seal on the original, unless the authenticity of the signature or seal is called in question.

(8)  In place of the original, or duplicate original, of any document referred to in this section, the Registrar of Companies may accept for filing a certified copy of the document, and of the proof of its execution, verified by an affidavit made in accordance with the Evidence Act by either the president or the secretary of the company.

(9)  The filing, according to subsections (6) and (8), of the mortgage, trust deed or other instrument has the same effect as if the mortgage, trust deed or other instrument had been registered under the Land Title Act.

(10)  The Registrar of Companies must enter shortly in a separate index, to be called the railway charge book, the particulars of every instrument filed under this Act.

 Property excepted from mortgage deed

124  (1)  The company may except from the operation of the mortgage deed any assets, property, rents or revenue of the company, and may declare and provide in it that the mortgage deed only apply to and affect certain sections or portions of the railway or property of the company.

(2)  If an exception is made, the company must in the mortgage deed expressly specify and describe, with sufficient particularity to identify them, the assets, property, rents or revenue of the company, or the sections or portions of the railway not intended to be included in it or conveyed or charged by it.

 Copy of mortgage deed to be filed in ministry

125  Within 14 days after its execution, a copy of every mortgage deed must be filed in the ministry.

 Securities a first charge

126  Subject to the payment of penalties under this Act, to the working expenditure of the railway and to any lawful restriction or exception contained in the mortgage deed, the securities so authorized to be issued must be considered to be the first preferential claim and charge on the company, and the franchise, undertaking, tolls and income, rents and revenues, and the real and personal property of it, at any time acquired.

 Security holders deemed mortgagees

127  (1)  Each holder of the securities is deemed to be a mortgagee or encumbrancer on the mortgaged premises proportionately with all the other holders.

(2)  Proceedings must not be taken to enforce payment of the securities, or of the interest on them, except through the trustees appointed under the mortgage deed.

 Rights of security holders on default

128  If the company defaults in paying the principal of or interest on any of the securities at the time when the principal or interest, by the terms of the securities, becomes due and payable, then at the next annual general meeting of the company, and at all subsequent meetings, all holders of securities who remain in default, in respect of them, subject to section 129, have and possess the same rights, privileges and qualifications for being elected directors, and for voting at general meetings, as would attach to them as shareholders if they held fully paid up shares of the company to a corresponding amount.

 Registration of security holders

129  (1)  The rights given by section 128 must not be exercised by a holder unless

(a) it is provided by the mortgage deed, or

(b) the security in respect of which the holder claims to exercise the rights has been registered in the holder's name, in the same manner as the shares of the company are registered, at least 10 days before the holder attempts to exercise the right of voting on them.

(2)  The company is bound on demand to register those securities, and after that any transfers of them, in the same manner as shares or transfers of shares.

 Rights not affected

130  The exercise of the rights provided under sections 128 and 129 does not take away, limit or restrain any other of the rights or remedies to which the holders of the securities are entitled under the mortgage deed.

 Transfer of securities

131  (1)  The securities may be made payable to bearer, and in that case are transferable by delivery until their registration, as provided in this Act.

(2)  While registered, the securities are transferable by written transfers, registered in the same manner as in the case of the transfer of shares.

 Borrowing on overdraft or negotiable instrument

132  (1)  The company may, for the purposes of the undertaking, borrow money by overdraft or on promissory note, warehouse receipt, bill of exchange or otherwise on the credit of the company, and become party to promissory notes and bills of exchange.

(2)  Every note or bill made, drawn, accepted or endorsed by the president or vice president of the company, or other officer authorized by the bylaws of the company, and countersigned by the secretary of the company, is binding on the company, and must be presumed to have been made, drawn, accepted or endorsed with proper authority until the contrary is shown.

(3)  It is not necessary in any case to have the seal of the company affixed to the promissory note or bill of exchange.

(4)  Nothing in this section is to be construed to authorize the company to issue any note or bill payable to bearer, or intended to be circulated as money, or as the note or bill of a bank.

 Officers not personally liable

133  None of the officers of a company authorized by the bylaws of the company is individually responsible for a promissory note or bill of exchange made, drawn, accepted or endorsed or countersigned by him or her unless the promissory note or bill of exchange has been issued without proper authority.

 Limitation on investment

134  A company must not, either directly or indirectly, employ any of its money in the purchase of its own shares or, except with the consent of the minister evidenced by a certificate of the minister, in the acquisition of any shares, bonds or other securities issued by any other company.

 Borrowing powers

122  (1)  The directors may from time to time at their discretion authorize the company to borrow any sum of money for the purposes of the company and may raise or secure the repayment of that sum in the manner and on the terms and conditions, in all respects, that they think fit, including, without limitation, by the issue of bonds or debentures, or any mortgage or charge, whether specific or floating, or other security on the undertaking or all or any part of the property of the company, both present and future.

(2)  The directors may make any debentures, bonds or other debt obligations issued by the company, by their terms, assignable free from any equities between the company and the person to whom they may be issued, or any other person who lawfully acquires them by assignment, purchase or otherwise.

(3)  The directors may authorize the issue of any debentures, bonds or other debt obligations of the company at a discount, premium or otherwise, and with special or other rights or privileges as to redemption, surrender, drawings, allotment of or conversion into shares, attending at general meetings of the company, and otherwise as the directors may determine at or before the time of issue.

 Crossing or joining other railway lines

137  (1)  The railway lines or tracks of a company must not cross or join or be crossed or joined by or with any railway lines or tracks other than those of that company, until approval for the crossing or junction has been obtained from the minister as provided in this Act.

(2)  On any application for approval under subsection (1), the applicant must submit to the minister a plan and profile of the crossing or junction, and other plans, drawings and specifications the minister may, by regulation of general application, by code or by order in a particular case, require.

(3)  The minister may, by certificate, do any of the following:

(a) grant the application on the terms as to protection and safety the minister considers expedient;

(b) change the plan and profile, drawings and specifications submitted, and set the place and mode of crossing or junction;

(c) direct that one line or track or one set of lines or tracks be carried over or under another line or track or set of lines or tracks;

(d) direct that those works, structures, equipment, appliances and materials be constructed, provided, installed, maintained, used or operated, and that guards or other persons be employed and measures taken, as under the circumstances appear to the minister best adapted to remove and prevent all danger of accident, injury or damage;

(e) determine the amount of damage and compensation, if any, to be paid for any property or land taken or injuriously affected by the construction of the works;

(f) give directions as to supervision of the construction of the works;

(g) require that detail plans, drawings and specifications of any works, structures, equipment or appliances required must, before construction or installation, be submitted to and approved by the minister.

(4)  Trains must not be operated on the lines or tracks of the applicant over, on or through the crossing or junction until the minister grants an order authorizing the operation.

(5)  The minister must not grant an order under subsection (4) until satisfied that the minister's orders and directions as set out in the minister's certificate have been carried out, and that this section has been complied with.

 Safety appliances at level crossings

139  The minister may, in and by a certificate, order the adoption and use at the crossing or junction, at rail level, of an interlocking switch, derailing device, signal system, equipment, appliance or materials that, in the opinion of the minister, make it safe for engines and trains to pass over the crossing or junction without being brought to a stop.

 Navigation not to be obstructed

140  A company must not cause any obstruction in or impede the free navigation of any river, water, stream or canal to, on, along, over, under, through or across which its railway is carried.

 Bridges to be properly floored

141  A company must not run its trains over any canal or over any navigable water without having first laid, and without maintaining, such proper flooring under and on both sides of its railway track over the canal or water as is considered by the minister sufficient to prevent anything falling from the railway into the canal or water, or on the boats, vessels, craft or persons navigating the canal or water, and without having first complied with the provisions of and obtained permission required under any Act of Canada in force in that behalf.

 Telegraph and telephone lines

150  (1)  The company may, subject to the consent of the minister evidenced by certificate, construct and operate telegraph and telephone lines on its railway for the purposes of its undertaking.

(2)  For the purpose of operating the lines or exchanging and transmitting messages, the company may enter into contracts approved by the minister with any companies having telegraph or telephone powers, and may connect its own lines with the lines of those companies, or may lease its own lines to those companies.

 Connection with municipal telephone systems

151  (1)  If a municipality, corporation or incorporated company has authority to construct, operate and maintain a telephonic system in any district, and wants to obtain telephonic connection or communication with or within any station or premises of a company in the district, and cannot reach agreement with the company for that purpose, the municipality, corporation or incorporated company may apply to the minister for a certificate under this section.

(2)  The minister may, by certificate,

(a) order the company to provide for the connection or communication on the terms as to compensation or otherwise the minister considers just and expedient, and

(b) order and direct how, when, where, by whom and on what terms and conditions the telephonic connection or communication must be constructed, operated and maintained.

(3)  The minister, in determining the terms or compensation on which the connection or communication is to be provided for, must not take into consideration any contract, lease or agreement now or later in force by which the company has given or gives any exclusive or other privilege to any company or person, other than the applicant, with respect to the station or premises.

 Railway along or across highway

142  (1)  A railway may be carried on, along or across an existing highway if permission has first been obtained from the minister.

(2)  The minister must not grant permission to a company to carry a railway along a highway which is in the limits of a municipality until the company has first obtained the consent of the municipality by a bylaw of the municipality.

(3)  Before obstructing a highway by its works, a company must turn the highway so as to leave an open and good passage and, on completion of the works, restore the highway to as good a condition as nearly as possible as it originally had.

 Level of rails at highway and access crossings

143  (1)  If the railway crosses a highway or access road at rail level, the top of the rail must be within the prescribed distance, or within the distance specified in the code, that is above or below the level of the road surface.

(2)  When rails are installed or removed from a crossing, the company must restore the surface of the highway or access road to the same or a better condition as the surface of the adjacent highway or access road.

 Highway crossing application

144  (1)  On an application for permission to construct a railway on, along or across a highway, or to construct a highway along or across a railway, an applicant must submit to the minister a plan and profile showing the portion of the railway and highway affected.

(2)  The minister may

(a) grant all or part of the application on the terms and conditions as to protection, safety and convenience of the public as the minister considers expedient, or

(b) order that

(i)  the railway be carried over, under or along the highway,

(ii)  the highway be carried over, under or along the railway,

(iii)  the railway or highway be temporarily or permanently diverted, or

(iv)  other work be executed, and that guards or other persons employed or measures taken.

(3)  For the purposes of subsection (2), the minister must make the decision that under the circumstances appears to the minister best adapted to remove or diminish the danger or obstruction, in the opinion of the minister, arising or likely to arise in respect of the granting of all or part of the application in connection with the crossing applied for, or arising or likely to arise in respect of the proposed crossing in connection with any existing crossing.

(4)  If the application is for the construction of the railway on, along or across a highway, all the provisions of law that apply to the taking of land by the company, to its valuation and sale and conveyance to the company and to the compensation for it, apply to the land, exclusive of the highway crossing, required for the proper carrying out of any authorization granted by the minister.

(5)  The minister may exercise supervision in the construction of any work under this section, or may give directions respecting the supervision.

(6)  If the minister orders the railway to be carried over or under the highway, or the highway to be carried over or under the railway, or any diversion temporarily or permanently of the railway or the highway or any works to be executed under this section, the minister may direct that detailed plans, profiles, drawings and specifications be submitted to the minister.

(7)  The code may specify or the minister may make regulations respecting the plans, profiles, drawings and specifications required to be submitted under this section.

 Powers of minister as to existing crossings

145  (1)  If a railway is already constructed on, along or across a highway, the minister may, on the minister's own motion, or on complaint or application by or on behalf of the Crown, or any municipal or other corporation, or any person aggrieved, do one or more of the following:

(a) order the company to submit to the minister, within a specified time, a plan and profile of the portion of the railway;

(b) cause inspection of the portion;

(c) inquire into and determine all matters and things in respect of the portion, and the crossing, if any;

(d) by certificate, make the order as to the protection, safety and convenience of the public the minister considers expedient;

(e) order that

(i)  the railway be carried over, under or along the highway,

(ii)  the highway be carried over, under or along the railway,

(iii)  the railway or highway be temporarily or permanently diverted, or

(iv)  that other work be executed, guards or other persons employed, or measures taken.

(2)  For the purposes of subsection (1), the minister must make the decision that under the circumstances appears to the minister best adapted to remove or diminish the danger or obstruction, in the opinion of the minister, arising or likely to arise in respect of the portion or crossing, if any, or any other crossing, directly or indirectly, affected.

(3)  If the minister, on the minister's own motion or on complaint or application, makes an order that a railway be carried across or along a highway, or that a railway be diverted, all the provisions of law that apply to the taking of land by the company, to its valuation and sale and conveyance to the company, and to the compensation for it, apply to the land, exclusive of the highway crossing, required for the proper carrying out of any order made by the minister.

(4)  Despite anything in this Act or in any other Act, the minister may, in and by a certificate or in and by any further certificate, order what portion, if any, of cost is to be borne respectively by the company, municipal or other corporation or person in respect of any order made by the minister under this section or section 144.

(5)  An order under subsection (4) is binding on and enforceable against the company, municipal or other corporation or person named in the order and certificate or further certificate.

 Safety of public at highway crossings

146  (1)  In the construction of a railway a company, at its own cost and expense, must provide all protection, safety and convenience for the public in respect of any crossing of a highway by the railway.

(2)  The minister may, by certificate, approve an agreement between the company and a municipal or other corporation or person that relieves the company from all or part of the requirements of subsection (1).

 Overhead and foot bridge crossings

147  (1)  In order to enable persons passing on foot along a highway to cross the railway, the minister may order a company to erect a foot bridge over its railway at or near or in place of a highway crossing at rail level.

(2)  The highway at an overhead railway crossing must not at any time be narrowed by means of any abutment or structure to an extent less than 20 feet.

(3)  The clear headway from the surface of the highway to the centre of an overhead structure must not be less than 14 feet, unless otherwise directed or permitted by the minister.

 Facilities for traffic

148  A structure by which a railway is carried over or under a highway or by which a highway is carried over or under a railway must

(a) be constructed, and at all times be maintained, so as to provide safe and adequate facilities for all traffic passing over, under or through the structure, and

(b) be altered, repaired, enlarged or strengthened under the provisions of any order made by the minister.

 Signboards at level crossings

149  (1)  A company must erect and maintain signboards at every highway crossed at rail level by a railway.

(2)  For the purpose of diminishing any danger where a railway crosses a highway, the minister may make any of the following orders:

(a) that trees, buildings, earth or other obstructions to the view, which may be on the railway or the highway, or trees on any adjoining lands, must be removed;

(b) that nothing that obstructs the view must be placed at the crossing, or nearer to it than the minister designates.

(3)  For the purposes of subsection (2), the minister may

(a) authorize or direct the expropriation of any land, the acquisition of any easement and the doing of anything considered necessary, and

(b) set and order payment of compensation the minister considers just.

(4)  If, before setting compensation under subsection (3) (b), an interested party so requests, the minister must order that the compensation be determined by arbitration under Part 7.

 Repealed

150 and 151  [Repealed 2003-45-19.]

 Permission to place wires across railway

152  (1)  Lines or wires for telegraphs, telephones or the conveyance of current to provide light, heat, power or electricity must not be erected, placed or maintained across the railway without permission from the minister.

(2)  On any application for permission, the applicant must submit to the minister a plan and profile of the part of the railway proposed to be affected, showing the proposed location of the lines and wires and the works contemplated in connection with them.

(3)  The minister may grant the application, and may order by whom, how, when and on what terms and conditions and under what supervision the work must be executed.

(4)  On the order being made, the lines and wires may be erected, placed and maintained across the railway subject to and in accordance with the order.

(5)  An order of the minister is not required if wires or other conductors for the transmission of electrical energy are to be erected or maintained over or under a railway, or over or under wires or other conductors for the transmission of electrical energy with the consent of the railway company or the company owning or controlling the last mentioned wires or conductors, in accordance with any general regulations or the code or with any plans or specifications adopted or approved by the minister for those purposes.

 Duty to maintain drains

153  (1)  In constructing a railway, a company must make and maintain suitable ditches and drains along each side of and across and under the railway to connect with ditches, drains, drainage works and watercourses on the land through which the railway runs, so as to provide sufficient outlet to drain and carry off the water, and so that the then natural, artificial or existing drainage of that land is not obstructed or impeded by the railway.

(2)  If

(a) any land is injuriously affected because of the drainage on, along, across or under the railway being insufficient to drain and carry off the water from the land, or

(b) a municipality or land owner or occupant of land wants to obtain means of drainage, or the right to lay water pipes or other pipes, whether for drainage purposes or for purposes of transportation of gas or oil or any other substance or material, temporarily or permanently, through, along, on, across or under the railway or any works or land of the company,

the minister may, on the application or complaint of the municipality or land owner or occupant of land, by certificate, order the company to construct the drainage or lay the pipes.

(3)  For the purposes of subsection (2), the minister may

(a) require the applicant to submit to the minister a plan and profile of the portion of the railway to be affected, or

(b) direct an inspecting engineer, or other person the minister considers advisable to appoint, to inspect the locality in question, and, if expedient, there hold an inquiry as to the necessity or requirements for the drainage or pipes, and to make a full report to the minister.

(4)  The minister may, on the report, or in the minister's discretion, order how, where, when, by whom and on what terms and conditions the drainage may be effected, or pipes laid, constructed and maintained, having due regard to all proper interests.

(5)  An order under subsection (2) is not required if

(a) the drainage is constructed or the pipes are laid in accordance with any general regulation or the code or with any plans or specifications adopted as approved by the minister for those purposes, and

(b) the company consents to the construction of drainage or the laying of pipes.

 Farm crossings

154  (1)  A company must make crossings for persons across whose land the railway is carried, convenient and proper for the crossing of the railway for farm purposes.

(2)  Livestock, when using the crossings, must be in the charge of some competent person, who must take all reasonable care and precaution to avoid accidents.

 Gates to be closed

155  The persons for whose use farm crossings are furnished must keep the gates at each side of the railway closed when not in use.

 Necessary crossings may be ordered

156  (1)  The minister may, on the application of a land owner or occupant of land, order the company to provide and construct a suitable access crossing across the railway if the minister considers it necessary for the proper enjoyment of the land on either side of the railway and safe in the public interest.

(2)  The minister may order and direct how, when, where, by whom and on what terms and conditions the access crossing must be constructed and maintained.

 Fences, signs or other works

157  (1)  Fences, signs or other works must be constructed, as prescribed or as specified in the code, for the purpose of restricting or preventing access by persons, vehicles or animals to the land on which a line of the railway is located if the presence of persons, vehicles or animals on the land would constitute a threat to the safety of railway employees or the general public.

(2)  If in the opinion of the minister conditions warrant it, the minister may, by certificate, order the construction of additional fences, signs or other works to provide for safe railway operations and for the safety of railway employees and the general public.

(3)  If in the opinion of the minister there will be no adverse effect on safe railway operations or the safety of railway employees or the general public, the minister may, by certificate, provide an exemption from any or all of the requirements of subsection (1).

(4)  If the railway is being constructed through enclosed land, the company must, by fencing its right of way before any existing fences are taken down or by other effective means, prevent cattle or other animals escaping from or getting on the enclosed land or from one enclosure to another or on the property of the company because of the construction or because of any act or thing done by the company, its contractors, agents or employees.

 Clearance around bridges, tunnels and structures

158  (1)  A bridge, tunnel or other structure over, through, under or alongside which a railway passes must be constructed and maintained at all times so as to provide the vertical and horizontal clearance, as prescribed or as specified in the code, between the rolling stock or equipment and the nearest member or part of the bridge, tunnel or other structure which is directly over or alongside the space likely to be traversed by the rolling stock or equipment.

(2)  The minister may, by certificate, provide in a specific case different clearances from those required under subsection (1) if, in the opinion of the minister, to do so would not constitute a threat to the safety of railway employees or the general public.

(3)  The minister may require any existing bridge, tunnel or other structure to be reconstructed or altered within the time the minister may order, so as to comply with the requirements under subsection (1), and the bridge, tunnel or other structure must be maintained accordingly after it is so reconstructed or altered.

(4)  If it is necessary to raise, reconstruct or alter any bridge, tunnel or other structure not owned by the company, the minister may, on receipt of an application of the company or without receiving an application, and on the giving of notice to all interested parties, make an order, by certificate, allowing or requiring the raising, reconstruction or alteration of the bridge, tunnel or other structure on terms and conditions that appear to the minister to be just and proper and in the public interest.

 Construction and alterations

159  (1)  The company must not commence construction of, reconstruction of or substantial alteration to any bridge, tunnel, building or other structure through, over or under which the company's trains and equipment are to operate without first giving notice of the proposed work to the minister within the prescribed time or within the time specified in the code.

(2)  The notice required by subsection (1) must be accompanied by the prescribed plans and information or the plans and information specified in the code.

(3)  Within 30 days of receiving of the notice, plans and information required by subsections (1) and (2), the minister may do one or more of the following:

(a) make an order respecting the construction, reconstruction or alteration of the works on terms and conditions the minister considers expedient;

(b) give directions respecting the supervision of the work;

(c) require that other works, structures, equipment, appliances or materials be provided, constructed, maintained, used or operated, and that measures be taken, as under the circumstances of each case may appear to the minister best adapted, for securing the protection, safety and convenience of railway employees or the general public.

(4)  The minister may order that work not be started, or if already started that work cease, until such time as the company provides plans and information which are acceptable to the minister.

(5)  On the completion of the construction, reconstruction or alterations, the company must, before using or operating the works, apply to the minister for an order authorizing its use or operation and the minister may make the order if

(a) the minister is satisfied that minister's orders and directions made under this section have been carried out, and

(b) the use or operation of the works does not constitute a threat to the safe operation of the railway or to the safety of railway employees or the general public.

(6)  The application under subsection (5) must be made in the prescribed form and manner or in the form and manner specified by the code.

 Removal of structure on abandonment

160  (1)  A company abandoning the operation of a line of railway must, when ordered to do so by the minister, remove every bridge, structure or other thing that in the opinion of the minister is likely to menace public safety, create a fire hazard or obstruct a stream.

(2)  A company must not abandon a line of railway without first giving 30 days' notice to the minister of the proposed abandonment.

 Wages

162  (1)  All employees, mechanics, labourers or other persons who perform labour in, on and about the railway and undertaking of the company must be paid wages generally accepted as current for similar occupation in the district in which the work is being performed, and, if there is no current rate in the district, then a fair and reasonable rate.

(2)  In the event of a dispute arising as to what is the current or a fair and reasonable rate, it must be determined by the minister as evidenced by a certificate of the minister, whose decision is final and binding on and must be conformed to and obeyed by the company and all its employees.

 Inspecting engineers

163  (1)  Inspecting engineers required for the purposes of this Act may be appointed under the Public Service Act, all of whom hold office during pleasure.

(2)  The minister may appoint any person who, in the opinion of the minister, is properly qualified as an engineer to act as an inspecting engineer under this section.

(3)  On being directed by the minister, an inspecting engineer must do one or more of the following:

(a) inspect any railway, branch line or siding, or any portion of a railway, branch line or siding, whether constructed or in the course of construction;

(b) inspect stations, rolling stock, rails, road bed, rights of way, tracks, bridges, tunnels, trestles, viaducts, drainage, culverts, railway crossings and junctions, highway and farm crossings, access crossings, subways, fences, gates and cattle guards, telegraph, telephone and other electrical lines, and all other buildings, works, structures, equipment, apparatus and appliances on them, or to be constructed or used on them, or any part of them;

(c) examine the means and procedures used by the company in the operation and control of trains, locomotives and other equipment, and ensure that the company has provided for the safety of railway employees and the general public;

(d) promptly report to the minister, in writing, in respect of any matter under paragraphs (a) to (c).

(4)  An inspecting engineer has full and unrestricted powers of entry, investigation and examination in, on and about the undertaking of the company.

(5)  A company and its officers and directors must

(a) provide to an inspecting engineer information within their knowledge and power in all matters inquired into by him or her, and

(b) submit to the inspecting engineer all plans, specifications, drawings and documents relating to the construction, repair or state of repair of the railway, or any portion of it, or undertaking of the company.

(6)  An inspecting engineer has the right, while engaged in the business of inspection, to travel without charge on any of the trains, engines or equipment running on the railway, and to use without charge the telegraph or telephone wires and machinery in the offices or under the control of the company.

(7)  The operators or officers employed in the telegraph office or under the control of the company must, without unnecessary delay, obey all orders of the inspecting engineer for transmitting messages.

(8)  The production of a certificate of the appointment of the inspecting engineer, signed by the minister, deputy minister or chief clerk of the ministry, is sufficient evidence of the authority of the inspecting engineer.

 Permission to open railway

164  (1)  A railway or any portion of it must not be opened for the carriage of traffic, other than for the purposes of the construction of the railway by the company, until permission has been obtained from the minister as provided in this Act.

(2)  If a company wants to open its railway or any portion of it, it must apply to the minister for authority to do so, supported by affidavit of its president, secretary, engineer or one of its directors, to the satisfaction of the minister, stating that the railway or portion of it sought to be opened is, in that person's opinion, sufficiently completed for the safe carriage of traffic and ready for inspection.

(3)  Before granting the application under subsection (2), the minister may direct an inspecting engineer to examine the railway or the portion of the railway that is proposed to be opened.

(4)  If the inspecting engineer reports to the minister, after making the examination, that in his or her opinion the opening of the railway or portion of it proposed to be opened for the carriage of traffic will be reasonably free from danger to the public using it, the minister may, by certificate, make an order granting all or part of the application, and may name the time for the opening of the railway or portion of it, and the railway, or the portion of it as is authorized by the minister, may then be opened for traffic in accordance with the order.

(5)  If the inspecting engineer, after the inspection of the railway or any portion of it, reports to the minister that in the inspecting engineer's opinion its opening would be dangerous to the public using it because of the incompleteness of the works or permanent way, or the insufficiency of the construction or equipment of the railway or portion of it, the inspecting engineer must state in his or her report the grounds for the opinion.

(6)  The company is entitled to notice of the report under subsection (5), and must be served with a copy of the report and grounds.

(7)  On receipt of the report under subsection (5), the minister may refuse all or part of the application, or may direct a further or other inspection and report to be made.

(8)  If, on further or other inspection or on a new application under this section, the inspecting engineer reports that the railway or portion of it may be opened without danger to the public, the minister may, by certificate under subsection (4), make an order granting all or part of the application, and may name the time in it for the opening of the railway or the portion of it, and the railway, or the portion of it as is authorized by the minister, may then be opened for traffic in accordance with the order.

(9)  The minister, on being satisfied that public convenience will be served, may, by certificate under subsection (4), after obtaining a report of an inspecting engineer, allow the company to carry traffic over any specified portion of the railway to the extent and in the manner specified in the certificate.

 Inspection on complaint of dangerous condition

165  (1)  The minister may direct an inspecting engineer to examine a railway or any portion of it if

(a) a complaint is made to the minister or the minister receives information that a railway or any portion of it is dangerous to the general public using it or to the employees of the company because of

(i)  want of renewal or repair,

(ii)  insufficient or erroneous construction, or

(iii)  any other cause, or

(b) circumstances arise which, in the minister's opinion, make it expedient.

(2)  The minister may, by certificate, on receipt of the report of the inspecting engineer,

(a) order the company to make, do or furnish any repairs, modification to procedures, renewal, reconstruction, alteration or new work or any materials or equipment in respect of, in addition to or in substitution for any portion of the railway which may from the report appear to the minister necessary or proper, and

(b) order that until the repairs, modification to procedures, renewal, reconstruction, alteration or new work is done or made or materials or equipment are furnished to the minister's satisfaction, no portion of the railway in respect of which the order is made must be used, or used otherwise than subject to the restrictions, conditions and terms the minister may in the certificate impose.

(3)  The minister may, by certificate, condemn and forbid further use of any rolling stock which from the report the minister considers is unfit to repair or use.

 Inspecting engineer may forbid operation

166  (1)  If in the opinion of an inspecting engineer it is dangerous for trains to pass over a railway or any portion of it until alterations, substitutions or repairs are made on it, or that any of the rolling stock should be run or used, the engineer may, by notice in writing,

(a) forbid the running of any train over the railway or portion of railway, or require that any train be run only at the times, under the conditions and with the precautions the inspecting engineer by the notice specifies, and

(b) forbid the running or using of that rolling stock.

(2)  The notice must state the reasons for the opinion of the inspecting engineer, and distinctly point out the defects or the nature of the danger to be apprehended.

(3)  The notice may be served on the company owning, running or using the railway or rolling stock, or on any officer having the management or control of running trains on the railway, or the management or control of the rolling stock.

(4)  The inspecting engineer must promptly report the notice to the minister, who may, by certificate, either confirm, modify or disallow the act or order of the engineer.

(5)  Notice of the confirmation, modification or disallowance must be given to the company.

 Safety appliances and control of trains

167  (1)  A company must, as prescribed or as specified in the code, provide and cause to be used in its operations modern, reliable and efficient apparatus and appliances, and the means and procedures for the safe control of trains and equipment, unless permission has been otherwise obtained from the minister.

(2)  All locomotives, rolling stock and other equipment must be equipped with the safety appliances prescribed or specified in the code unless permission has been otherwise obtained from the minister.

 Certificate that equipment is sufficient

168  The minister may, by certificate, on receipt of an application from a company for certification of compliance with the requirements of section 167, order that any apparatus or appliance specified in the order, when used on the train in the manner and under circumstances specified in the certificate, is deemed to be sufficient compliance with the provisions of section 167.

 Uniformity

169  The minister may, by certificate, provide for uniformity in the construction of rolling stock to be used on the railway, and for uniformity of rules for the operation and running of trains.

 Regulations by minister

170  The minister may, by certificate, make regulations as follows:

(a) designating the number of persons to be employed on trains;

(b) providing that coal instead of wood must be used on all locomotives in any district;

(c) providing that oil instead of coal or wood must be used on all locomotives on any railway or portion or division of any railway;

(d) generally providing for the protection of property, and the protection, safety, accommodation and comfort of the public, and of the employees of the company, in the running and operating of trains by the company.

 Regularity in timetable

171  All regular trains must be started and run, as nearly as practicable, at regular hours set by public notice.

 Blackboard notices of overdue trains

172  (1)  A company on whose railway there is a telegraph line in operation must have a blackboard put on the outside of the station house, over the platform of the station, in a conspicuous place at each station of the company at which there is a telegraph office and when any passenger train is overdue at the station, according to the timetable of the company, the station agent or person in charge at the station must write, or cause to be written, with white chalk on the blackboard a notice stating, to the best of his or her knowledge and belief, the time when the overdue train may be expected to reach the station.

(2)  If there is any further change in the expected time of arrival, the station agent or person in charge of the station must write, or cause to be written, on the blackboard in similar manner a fresh notice stating, to the best of his or her knowledge and belief, the time when the overdue train may then be expected to reach the station.

 Position of passenger cars

173  A passenger train must not have a freight car, merchandise car or lumber car in the rear of a passenger car in which any passenger is carried.

 Trains to stop at swing bridges

174  (1)  When a railway passes over navigable water or a canal by means of a draw or swing bridge which is subject to be opened for navigation, every train, before coming on or crossing over the bridge, must be brought to a full stop and must not proceed until a proper signal has been given for that purpose.

(2)  If there is in use on a railway at a bridge referred to in subsection (1) an interlocking switch and signal system or other device which, in the opinion of the minister, makes it safe to permit engines and trains to pass over the bridge without being brought to a stop, the minister may, by certificate, permit engines and trains to pass over the bridge without stopping, under the rules as to speed and other matters the minister considers proper.

 Use of bell and whistle

175  (1)  When any train is approaching a highway crossing at rail level, the engine whistle must be sounded at least 20 seconds before reaching the crossing, and the bell must be rung continuously from the time of the sounding of the whistle until the engine has crossed the highway.

(2)  If a bylaw of an urban municipality prohibits the sounding of a whistle or ringing of a bell in respect of a crossing or crossings within the limits of the municipality, the bylaw, if approved by the minister by certificate, relieves the company and its employees, to the extent of the prohibition, from the duty imposed by this section.

(3)  If an application has been made to the minister under subsection (2) for the approval of the prohibition of whistling or ringing of the bell as required under subsection (1), the cost of additional protective safety measures at the crossing or crossings considered necessary by the minister for the protection and safety of the public must be borne by the applicant.

(4)  In subsection (2), "urban municipality" means any of the following:

(a) a city;

(b) a town;

(c) any other municipality which contains a heavily populated area and which the minister, on the application of that municipality, declares to be an urban municipality within the meaning of subsection (2).

 Rate of speed

176  (1)  A train must not pass in or through any heavily populated area of any city, town or village at a speed greater than 10 miles an hour unless

(a) the track is fenced or properly protected in the manner prescribed by this Act, or

(b) the minister, by certificate, gives permission to exceed a speed of 10 miles per hour.

(2)  The minister, by certificate, may limit the speed in any case to a rate that the minister considers expedient.

(3)  A train must not enter, at a speed greater than 10 miles per hour, a highway or access crossing at rail level unless

(a) the crossing is constructed, maintained and protected in accordance with orders and directions specifically issued by the minister with respect to the crossing, or

(b) the minister gives permission to enter the crossing at a speed greater than 10 miles an hour.

(4)  If a person or vehicle using, or an animal being ridden or driven over, a highway or access crossing at rail level is struck by a moving train with resulting injury or death to any person, a train must not after that injury or death enter the crossing at a speed greater than 10 miles per hour unless the crossing is protected to the satisfaction of the minister.

 Trains not headed by engine

177  If in a city, town or village a train is passing over or along a highway at rail level and is not headed by an engine moving forward in the ordinary manner, the company must station on that part of the train, or of the tender if that is in front, which is then foremost, a person who must warn persons standing on or crossing, or about to cross, the track of the railway.

 Signal at railway crossings

178  (1)  An engine, train or electric car must not pass over a crossing where 2 lines of railway or the main tracks of any branch lines cross each other at rail level, whether they are owned by different companies or the same company, until a proper signal has been received by the conductor or engineer in charge of the train or engine from a crossing tender or other competent person in charge of the crossing indicating that the way is clear.

(2)  In the case of an electric car crossing a railway track at rail level, if there is no crossing tender or other competent person in charge of the crossing, it is the duty of the conductor, before crossing and before giving the signal to the motor operator that the way is clear and to proceed, to go forward and see that the track is clear.

 Stoppage at railway crossings

179  (1)  An engine, rain or electric car, before it passes over a crossing referred to in section 178, must be brought to a full stop.

(2)  If there is in use at a crossing referred to in section 178 an interlocking switch and signal system or other device which, in the opinion of the minister, makes it safe to permit engines and trains or electric cars to pass over the crossing without being brought to a stop, the minister may, by certificate, permit engines and trains and cars to pass over the crossing without stopping, under rules as to speed and other matters the minister considers proper.

Highway obstruction

180   If a railway crosses a highway at rail level, the company must not, and its officers, agents or employees must not, willfully permit an engine, tender or car to stand on any part of the highway for a longer period than 5 minutes at one time, or, when shunting, to obstruct public traffic for a longer period than 5 minutes at one time, or, in the opinion of the minister, unnecessarily interfere with it.

 Employee badges

181  (1)  An employee of a company who is employed on a passenger train or at a passenger station must wear on his or her hat or cap a badge which must indicate his or her office.

(2)  Without the badge referred to in subsection (1), an employee is not entitled to

(a) demand or receive from a passenger any fare or ticket,

(b) exercise any of the powers of his or her office, or

(c) interfere with a passenger or the passenger's baggage or property.

 Passenger refusing to pay fare

182  (1)  If a passenger refuses to pay his or her fare, the conductor of the train and the train servants of the company may expel the passenger from the train and put the passenger's baggage out of the train at any usual stopping place, or near any dwelling house, as the conductor elects.

(2)  A conductor who acts under subsection (1) must first stop the train and must not use any unnecessary force.

 Baggage

184  (1)  A check must be affixed by the company to every parcel of baggage having a handle, loop or suitable means for attaching a check on it delivered by a passenger to the company for transport, and a duplicate of the check must be given to the passenger.

(2)  In the case of excess baggage, the company is entitled to collect from the passenger before affixing the check the toll authorized under this Act.

 Transportation of dangerous goods without notice an offence

188  (1)  A person who does any of the following commits an offence:

(a) takes or carries on a train or other vehicle of railway transportation any gunpowder, dynamite, nitroglycerine or other dangerous or explosive substance, except in accordance with the code or with regulations made under this Act in that behalf;

(b) delivers or causes to be delivered to a railway any gunpowder, dynamite, nitroglycerine or other dangerous or explosive substance for carriage without

(i)  distinctly marking the nature of the substance on the outside of the package or parcel containing the substance,

(ii)  giving notice in writing to the agent or employee of the company to whom the substance is delivered that the package or parcel contains a substance of dangerous or explosive nature, and

(iii)  observing or causing to be observed the code or the regulations made under this Act.

(2)  A person who commits an offence under subsection (1) is liable on conviction to a penalty of not more than $2 000 or imprisonment for a period of not longer than 2 years, or both.

(3)  A company that carries any gunpowder, dynamite, nitroglycerine or other dangerous or explosive substance, except in accordance with the code or with the regulations made under this Act, commits an offence.

(4)  A company that commits an offence under subsection (3) is liable on conviction to a penalty of not more than $500.

 Company may refuse dangerous goods

189  If a parcel or package suspected of containing gunpowder, dynamite, nitroglycerine or any other dangerous or explosive substance is delivered to the company or agent or employee of the company for carriage, the company, agent or employee may

(a) refuse to accept the package or parcel for carriage except in accordance with the code or with the regulations made under this Act, and

(b) require that the parcel or package be opened for inspection by the employee or agent in order that he or she may ascertain whether or not the package or parcel contains any dangerous or explosive substance.

 Carriage of mail, troops and peace officers

190  Her Majesty's mail, Her Majesty's naval or military forces or militia and all artillery, ammunition, provisions or other stores for their use, and all police officers, constables or others travelling on Her Majesty's service, must at all times, when required, be carried on the railway, and with the whole resources of the company if required, on the terms and conditions and under the rules the minister, by certificate, may specify.

 Government use of communications

191  (1)  The company must place at the disposal of any branch of the public service, whether federal or Provincial, any electric telegraph and telephone lines and any apparatus and operators which the company has that the minister, by certificate, may specify.

(2)  The company is entitled to receive reasonable compensation for the service in an amount that the minister may, by certificate, specify.

 Notice of accidents

192  (1)  A company must promptly notify the minister, and give a written report to the minister, in respect of every event on railway property that

(a) causes death or personal injury or causes damage to property or the environment, or

(b) results in significant risk to life or health or threatens damage to property or the environment.

(2)  The minister may make regulations prescribing the content of the notice and report, the manner and form in which the notice and report must be given and the classes of events for which notification is required.

(3)  Despite subsections (1) and (2), an accident or incident may be investigated by an inspecting engineer.

 Appointment of officer to inquire into accidents

193  (1)  The minister may, by certificate, appoint persons the minister thinks fit to inquire into all matters and things that the minister considers likely to cause or prevent accidents, and the causes of and the circumstances connected with any accident or casualty to life or property occurring on any railway, and into all particulars relating to them.

(2)  The persons appointed must report fully, in writing, to the minister, their activities and opinions on the matters respecting which they are appointed to inquire.

(3)  The minister may act on the report, and may, by certificate, order the company to suspend or dismiss any employee of the company whom the minister considers to have been negligent or willful in respect of the accident.

 Animals

194  (1)  Horses, sheep, swine, cattle or other animals must not be permitted to be at large on any highway, within 1/2 mile of the intersection of the highway with any railway at rail level, unless they are in charge of a competent person, to prevent their loitering or stopping on the highway at the intersection or straying on the railway.

(2)  All horses, sheep, swine, cattle or other animals found at large contrary to this section may, by any person who finds them at large, be impounded in the pound nearest to the place where they are found, and the pound keeper with whom they are impounded must detain them in similar manner, and subject to similar regulations as to their care and disposal, as in the case of cattle impounded for trespass on private property.

(3)  If the horses, sheep, swine, cattle or other animals of any person which are at large contrary to this section are killed or injured by any train at the point of intersection, the person does not have any right of action against any company for their death or injury.

(4)  When any horses, sheep, swine, cattle or other animals at large, whether on the highway or not, get on the property of the company, and because of that, damage is caused to or by the animal, the party suffering the damage is, except in the cases otherwise provided for by section 195, entitled to recover the amount of the damage against the company in any action in any court of competent jurisdiction.

(5)  Subsection (4) applies unless the company establishes that the animal got at large through the negligence or willful act or omission of the owner or the owner's agent.

(6)  Nothing in subsection (4) or (5) relieves any person from the penalties imposed by this Act.

(7)  If an animal was killed or injured on the property of the company, and not at the point of intersection with the highway, the fact that the animal was not in charge of a competent person does not deprive the owner of the right to recover.

 Matters by which right of action defeated

195  A person who suffers damage provable under section 194 does not have any right of action against the company for the damage if it was caused by reason of any person

(a) for whose use any farm crossing is furnished failing to keep the gates at each side of the railway closed when not in use,

(b) willfully leaving open any gate on either side of the railway provided for the use of any farm crossing, without a person being at or near the gate to prevent animals from passing through the gate on the railway,

(c) other than an officer or employee of the company while acting in the discharge of his or her duty, taking down any part of a railway fence,

(d) turning the animal on or in the enclosure of any railway, except for the purpose of and while crossing the railway in the charge of a competent person using all reasonable care and precaution to avoid accidents, or

(e) except as authorized by this Act, without the consent of the company, riding, leading or driving the animal, or suffering the animal to enter on any railway, and in its fences and guards.

 No combustible matter on right of way

196  A company must at all times maintain and keep its right of way free from dead or dry grass, weeds and other unnecessary combustible matter.

 Approval of form of shipping receipt

199  (1)  In this section, "shipping receipt" includes a bill of lading or contract of carriage.

(2)  A company must submit to the minister for approval the form and contents of any shipping receipt intended to be used by the company for goods and traffic transported over its railway or any part of its undertaking.

(3)  The minister may direct the changes to be made in any shipping receipt as the minister thinks fit, and may withhold approval until the changes have been made, and in his or her discretion may, by certificate, approve of the form and contents of the shipping receipt of the company.

(4)  When the company has obtained approval of the form and contents of its shipping receipt, and not sooner or otherwise, it may accept and transport traffic subject to this Act and to the terms of the approved shipping receipt.

 Tariffs or tolls

200  (1)  A company the directors of a company by bylaw, or any officer of the company authorized by bylaw of the company or directors, may

(a) prepare and issue tariffs of the tolls to be charged in respect of the railway and undertaking owned or operated by the company, and

(b) specify the persons to whom, the place where and the manner in which the tolls must be paid.

(2)  The tolls may be either for the whole or for any particular portion of the railway or undertaking.

(3)  The bylaws must be submitted to and, before becoming effective, be approved by the minister by certificate.

(4)  The minister may approve the bylaws in whole or in part, or change, alter or vary any of the provisions in them.

(5)  Tolls must not be charged by the company or by any person in respect of a railway or any traffic on it, or in respect of the undertaking of the company, until a bylaw authorizing the preparation and issue of tariffs of the tolls has been approved by the minister by certificate.

(6)  Tolls must not be charged under any tariff or portion of it disallowed by the minister.

(7)  The company must not charge, levy or collect any toll or money for any service as a common carrier except under this Act.

(8)  With respect to any tariff of tolls, other than the passenger and freight traffic, the minister may, by certificate, make regulations setting and determining the time when, the places where and the manner in which the tariffs must be filed, published and kept open for public inspection.

 Equality of tolls charged

201  (1)  All tolls must, under substantially similar circumstances and conditions in respect of all traffic of the same description, and carried in or on the same kind of cars passing over the same portion of the line of railway, be charged equally to all persons and at the same rate, whether by weight, mileage or otherwise.

(2)  Subsection (1) extends and applies to tolls charged in respect of any portion of the undertaking of the company.

(3)  A reduction or advance in tolls must not be made, either directly or indirectly, in favour of or against any particular person or company travelling on or using the railway.

(4)  The tolls for larger quantities, greater numbers or longer distances may be proportionately less than the tolls for smaller quantities or numbers, or shorter distances, if the tolls are, under substantially similar circumstances, charged equally to all persons.

(5)  A toll must not be charged which unjustly discriminates between different localities.

(6)  The minister must not approve or allow any toll which, for the same description of goods, or for passengers carried under substantially similar circumstances and condition in the same direction over the same line, is greater for a shorter than for a longer distance, within which the shorter distance is included, unless the minister is satisfied that owing to competition it is expedient to allow that toll.

(7)  The minister may, by certificate, declare that any places are competitive points within the meaning of this Act.

 Pooling prohibited

202  Without permission having been obtained from the minister by certificate, a company must not, directly or indirectly, pool its freights or tolls with the freights or tolls of any other railway company or common carrier, or divide its earnings or any portion of them with any other railway company or common carrier, or enter into any contract, arrangement, agreement or combination to effect, or which may effect, that result.

 Route from British Columbia through a foreign country into British Columbia

203  All goods carried or being carried over any continuous route, from a point in British Columbia through a foreign country into British Columbia, operated by 2 or more companies, whether Canadian or foreign, must, unless the companies have filed with the minister or under the Railway Act (Canada) a joint tariff for the continuous route, be carried over the railway in British Columbia at the minimum rate for the lowest class of freight shown in the filed tariffs of the company.

 Tariff of tolls subject to classification

208  (1)  The tariffs of tolls for freight traffic are subject to and must be governed by that classification which the minister, by certificate, may prescribe or authorize.

(2)  The minister must endeavour to have the classification uniform, as far as possible, having regard to all proper interests.

(3)  The minister may, by certificate, make an order dealing with a particular case respecting terms and conditions in connection with the classification, and as to the carriage of any particular commodity or commodities mentioned in it, as to the minister may seem expedient.

(4)  The company may, with the approval of the minister by certificate, and must, when so directed by the minister by certificate, place any goods specified by the minister in any stated class, or remove them from any one class to any other higher or lower class.

 Tariff form and particulars

209  All tariff bylaws and tariffs of tolls must be in the form, size and style, and give the information, particulars and details, the minister may, by certificate, prescribe.

 Power of minister over tariffs

210  (1)  The minister may, by certificate,

(a) disallow any tariff or any portion of it which the minister considers to be unjust or unreasonable, or contrary to any of the provisions of this Act, and require the company, within a specified time, to substitute a tariff satisfactory to the minister in place of a disallowed tariff, or

(b) specify other tolls in place of the tolls disallowed.

(2)  The minister may, by certificate, designate the date at which any tariff comes into force.

(3)  Except for standard tariffs under this Part, any tariff in force may be amended or supplemented by the company by tariffs in accordance with this Act.

(4)  The minister may disallow or change any tariff amended or supplemented under subsection (3).

(5)  When a tariff has been amended or supplemented, the minister may, by certificate, order that a consolidation and reissue of the tariff be made by the company.

 Fractional tolls

211  (1)  In all cases a fraction of a mile in the distance over which traffic is carried on the railway must be considered as a whole mile.

(2)  In estimating the weight of any goods in any one single shipment on which the toll amounts to more than the minimum, or "smalls" toll, any fraction of 5 pounds must be waived by the company, and 5 or any fraction above 5 and up to 10 pounds must be treated as 10 pounds by the company.

(3)  In estimating the tolls to be charged in passenger tariffs, any fraction of 5¢ less than 2 1/2¢ must be waived by the company, and above 2 1/2¢ and up to 5¢ must be considered as 5¢ by the company.

 Classification of freight tariffs

212  The tariffs of tolls which the company is authorized to issue under this Act for the carriage of goods between points on the railway is divided into the following 3 classes:

(a) the standard freight tariff;

(b) special freight tariffs;

(c) competitive tariffs.

 Specifications in freight tariffs

213  (1)  The standard freight tariff, or tariffs if the company is allowed by the minister more than one standard freight tariff, must specify the maximum mileage tolls to be charged for each class of the freight classification for all distances covered by the company's railway.

(2)  The distances may be expressed in blocks or groups, and the blocks or groups may include relatively greater distances for the longer than for the shorter hauls.

(3)  The special freight tariffs must specify the toll or tolls, lower than in the standard freight tariff, to be charged by the company

(a) for any particular commodity or commodities,

(b) for each or any class or classes of the freight classification, or

(c) to or from a certain point or points on the railway.

(4)  Greater tolls must not be charged in special freight tariffs for a shorter than for a longer distance over the same line in the same direction, if the shorter distance is included in the longer.

(5)  The competitive tariffs must specify the toll or tolls, lower than in the standard freight tariff, to be charged by the company for any class or classes of the freight classification, or for any commodity or commodities, to or from any specified point or points that the minister may consider or have declared to be competitive points not subject to the long and short haul provision under this Act.

 Standard freight tariff

214  (1)  Every standard freight tariff must be filed with the minister, and is subject to the approval of the minister by certificate.

(2)  The minister must, by certificate, specify the date on which the tariff takes effect.

(3)  When this section has been complied with, the tolls as specified in the standard freight tariff or tariffs are, except in the cases of special freight and competitive tariffs, the only tolls that the company is authorized to charge for the carriage of goods.

(4)  Until this section has been complied with, no toll may be charged by the company.

 Special freight tariffs

215  (1)  Special freight tariffs must be filed by the company with the minister, and each must specify the date of its issue and the date on which it is intended to take effect.

(2)  When the special freight tariff reduces any toll previously authorized to be charged under this Act, the company must file the tariff with the minister, and must, for 3 days previous to the date on which the tariff is intended to take effect,

(a) deposit and keep on file in a convenient place, open for the inspection of the public during office hours, a copy of the tariff at every station or office of the company where freight is received, or to which freight is to be carried under it, and

(b) post in a prominent place at each office or station a notice in large type directing public attention to the place in the office or station where the tariff is kept on file.

(3)  The minister may, by certificate, specify any other or additional method of publication of the tariff during the period mentioned in subsection (2).

(4)  When the special freight tariff advances any toll previously authorized to be charged under this Act, the company must in similar manner file and publish the tariff 10 days previously to the date on which the tariff is intended to take effect.

(5)  On the special freight tariff being filed, the company must, until the tariff is superseded or is disallowed by the minister, charge the toll or tolls as specified in it, and the special freight tariff supersedes any preceding tariff or tariffs, or any portion or portions of them, so far as it reduces or advances the tolls in them.

 Competitive tariffs

216  (1)  Competitive tariffs must be filed by the company with the minister, and each must specify the date of its issue and the date on which it is intended to take effect.

(2)  Despite subsection (1), if it is necessary to meet the exigencies of competition, or as the minister may consider expedient, the minister may, by certificate,

(a) make rules governing the filing or publication of the tariffs, and

(b) provide that the tariffs may be acted on and put in operation immediately on their issue by the company before they have been filed with the minister.

 Classification of passenger tariffs

217  (1)  The tariffs of tolls that the company is authorized to issue under this Act for the carriage of passengers between points on the railway are divided into the following 2 classes:

(a) the standard passenger tariff;

(b) special passenger tariffs.

(2)  The standard passenger tariff must specify the maximum mileage tolls to be charged for passengers for all distances covered by the company's railway, and the distances may be expressed in similar manner as provided in this Act in respect of standard freight tariffs.

(3)  Special passenger tariffs must specify the toll or tolls to be charged by the company for passengers in every case where the tolls are lower than the tolls specified in the company's standard passenger tariff.

 Standard passenger tariff

218  (1)  A standard passenger tariff must be filed, approved and published in the same manner as required by this Act in the case of a standard freight tariff.

(2)  Until the company files its standard passenger tariff and the tariff is approved and published in the Gazette, no tolls may be charged by the company.

(3)  When this section has been complied with, the tolls in the standard passenger tariff, except in the case of special passenger tariffs, are the only tolls that the company is authorized to charge for the carriage of passengers.

 Special passenger tariffs

219  (1)  The company must file all special passenger tariffs with the minister, and must, for 3 days previous to the date on which the tariff is intended to take effect,

(a) deposit and keep on file in a convenient place, open for the inspection of the public during office hours, a copy of the tariff at every station or office of the company where passengers are received for carriage, and

(b) post in a prominent place at each office or station a notice in large type directing public attention to the place in the office or station where the tariff is kept on file.

(2)  Despite this section, if it is necessary to meet the exigencies of competition or otherwise, the minister may determine the time or manner within and according to which publication of the tariff is to be made.

(3)  The date of the issue and the date on which, and the period, if any, during which, the tariff is intended to take effect must be specified in it.

(4)  On the tariff being filed, and until the tariff is superseded or is disallowed by the minister, the company must charge the toll or tolls specified in it, and the tariff supersedes any preceding tariff or tariffs, or any portion or portions of them, in so far as it reduces or advances the tolls in them.

(5)  Until the tariff is filed, such a toll or tolls must not be charged by the company.

 Agreement as to joint tariff for continuous route

220  (1)  If traffic is to pass over any continuous route in British Columbia operated by 2 or more companies, the several companies may agree on a joint tariff for the continuous route.

(2)  In order to carry out an agreement under subsection (1), the initial company must file the joint tariff with the minister, and the other company or companies must promptly notify the minister of its or their assent to and concurrence in the joint tariff.

(3)  The names of the companies whose lines compose the continuous route must be shown by the tariffs.

(4)  If a company owns, charters, uses, maintains or works, or is a party to any arrangement for using, maintaining or working vessels for carrying traffic by sea or inland water between any places or ports in British Columbia, and if the vessel carries traffic between a port in British Columbia reached by the company and a port in British Columbia reached by the railway of another company, the vessel and the railway of either company is deemed to constitute a continuous route in British Columbia within the meaning of this section.

 Minister may require joint tariff

221  (1)  If the companies fail to agree on the joint tariff as provided in section 220, the minister, on the application of any company or person wanting to forward traffic over the continuous route, which the minister considers a reasonable and practicable route, or any portion of it, may, by certificate, do any of the following:

(a) require the companies within a specified time to agree on and file in similar manner a joint tariff for the continuous route, satisfactory to the minister;

(b) determine the route, set the toll or tolls and apportion them among the companies interested;

(c) determine the date when the toll or tolls so set come into effect.

(2)  On an order being made, the companies must as soon as possible, or within the time the minister requires, file and publish a joint tariff in accordance with this Act and in accordance with the order.

(3)  If there is a dispute between companies interested as to the apportionment of a through rate in any joint tariff, the minister may, by certificate, apportion the rate between the companies.

(4)  The minister may decide that any proposed through rate is just and reasonable, even though a lesser amount may be allotted to any company out of the through rate than the toll the company would otherwise be entitled to charge.

 Continuous carriage

222  (1)  A company must not, by any combination, contract or agreement, express or implied, or by other means or device, prevent the carriage of goods from being continuous from the place of shipment to the place of destination.

(2)  A break in bulk, stoppage or interruption made by the company must not prevent the carriage of goods from being treated as one continuous carriage from the place of shipment to the place of destination, unless the break, stoppage or interruption was made in good faith for a necessary purpose, and without any intent to avoid or unnecessarily interrupt the continuous carriage, or to evade any of the provisions of this Act.

 Filing and publication of joint tariffs

223  (1)  Joint tariffs are, as to their filing and publication, subject to the same provisions in this Act that apply to the filing and publication of local tariffs of a similar description.

(2)  On the joint tariff being filed with the minister, and until the tariff is superseded or disallowed by the minister, the company or companies must charge the toll or tolls as specified in it.

 Public inspection of tariffs and classification

224  (1)  A company must deposit and keep on file in a convenient place, open for the inspection of the public during office hours, a copy of each of its tariffs at the following places:

(a) standard passenger and freight tariffs, at every station or office of the company where passengers or freight respectively are received for carriage;

(b) special passenger and freight tariffs, at every station or office of the company where passengers or freight respectively are received for carriage, and, as to those freight tariffs, as soon as possible, at each of its stations or offices to which freight traffic is to be carried;

(c) competitive tariffs, at each freight station or office of the company where goods are to be received and delivered;

(d) joint tariffs for traffic passing over any continuous route in British Columbia operated by 2 or more companies, at each freight station or office where traffic is to be received, and at each freight station to which the tariffs extend.

(2)  A company must keep on file at its stations or offices where freight is received and delivered, for inspection during business hours, a copy of the freight classification or classifications in force on the railway.

(3)  A company must post, in a prominent place at each of its stations where passengers or freight respectively are received for carriage, a notice in large type directing the public attention to the place in the station where the passenger or freight tariffs respectively are kept on file for public inspection during business hours.

(4)  The station agent or person in charge at the station must produce to any applicant, on request, any particular tariff in use at that station which the person wants to inspect.

 Free or reduced rates of carriage in certain cases

226  (1)  Nothing in this Act is to be construed to prevent any of the following:

(a) the carriage, storage or handling of traffic, free or at reduced rates, for the government, or for any provincial or municipal government, or for charitable purposes or to or from fairs and expositions for exhibition there, or the carriage, free or at reduced rates, of destitute or homeless persons transported by charitable societies, and the necessary agencies employed in that transportation;

(b) the issuing of mileage, excursion or commutation passenger tickets, or the carriage at reduced rates of immigrants or settlers and their goods or effects, or any member of any organized association of commercial travellers with their baggage;

(c) railways from giving free carriage or reduced rates to their own officers and employees, or to other persons the minister may, by certificate, approve or permit;

(d) the principal officers of any railway, or any railway or transportation company, from exchanging passes or free tickets with other railways, or railway or transportation companies, for their officers and employees and their families, or their goods and effects.

(2)  Despite subsection (1), the carriage of traffic by a company under this section may, by regulation of general application or by order in a particular case, be extended, restricted, limited or qualified by the minister by certificate.

 Special rates

227  (1)  The minister may, by certificate, make an order permitting the company to issue special rate notices imposing tolls, lower than the tolls in force on the railway, to be charged for specific shipments between points on the railway, not being competitive points, if the minister considers that charging the special tolls mentioned in the notices will help to create trade, or develop the business of the company, or be in the public interest, and not otherwise contrary to this Act.

(2)  The special rate notice, or a duplicate copy of it, must be filed with the minister, and exists merely for the purpose of giving effect to the special rate charged for the specific shipment mentioned in it.

 Free transportation for members of Legislature and minister

228  (1)  A company must furnish free transportation on any of its trains for members of the Legislature, with their baggage, and also for the minister, with his or her baggage and equipment.

(2)  When required, a company must haul free of charge any car provided for the use of the minister.

 Express toll approval or disallowance

233  (1)  All express tolls are subject to the approval of the minister by certificate.

(2)  The minister may, by certificate as mentioned, disallow any express tariff or any portion of it that the minister considers unjust or unreasonable.

(3)  The minister has and may exercise all the powers with respect to express tolls and tariffs as the minister has or may exercise under this Act with respect to freight tolls and freight tariffs.

(4)  All the provisions of this Act that apply to freight tolls and freight tariffs apply to express tolls and tariffs.

 Tariff of tolls

234  Tariffs of the express tolls must be filed with the minister, and must be in the form, size and style and give the information, particulars and details the minister prescribes by certificate.

 No carriage until tariff filed

235  A company must not carry or transport any goods by express, unless and until the tariff of express tolls in respect of those goods has been submitted to and filed with the minister in the required manner, or, in the case of competitive tariffs, unless the tariffs are filed in accordance with the rules of the minister made in relation to them, or in any case where the express toll in any tariff has been disallowed by the minister.

 No tolls to be charged until approved

236  An express toll must not be charged in respect of which there is default in the filing, or which is disallowed by the minister.

 Minister may define carriage by express

237  The minister may make regulations prescribing generally, or in any particular case, what is carriage or transportation of goods by express, or whether goods are carried or transported by express within the meaning of this Act.

 Approval of conditions limiting liability

238  (1)  A contract, condition, bylaw, regulation, declaration or notice made or given by any company or any person or corporation charging express tolls impairing, restricting or limiting the liability of the company, person or corporation with respect to the collecting, receiving, caring for or handling of any goods for the purpose of sending, carrying or transporting them by express, or for or in connection with the sending, carrying, transporting or delivery by express of any goods, does not have any effect unless first approved by the minister by certificate.

(2)  The minister may, by certificate, do any of the following:

(a) determine the extent to which the liability of the company, person or corporation may be impaired, restricted or limited;

(b) specify the terms and conditions under which goods may be collected, received, cared for or handled for the purpose of sending, carrying or transporting them by express, or under which goods may be sent, carried, transported or delivered by express by the company, person or corporation;

(c) specify the terms and conditions under which the company may seize and sell goods for failure to pay tolls.

 Annual return by company

239  (1)  Every company and every person and corporation charging express tolls must make to the minister an annual return of its capital, business and working expenditure, and other information and particulars, including a statement of unclaimed goods, the minister directs by certificate.

(2)  The return must be made at the time, in the form and covering the period, and must be published in the manner, the minister directs by certificate.

 Approval and filing of telegraph and telephone tolls

240  (1)  All telegraph and telephone tolls to be charged by a company are subject to the approval of the minister by certificate.

(2)  A company must file with the minister tariffs of any telegraph or telephone tolls to be charged, and the tariffs must be in the form, size and style and give the information, particulars and details the minister, prescribes by certificate.

(3)  A company must not charge, and is not entitled to charge, any telegraph or telephone toll in respect of which there is default in the filing, or which is disallowed by the minister.

(4)  The telegraph and telephone tariffs may be dealt with by the minister in the same manner as is provided by this Act with respect to standard freight tariffs.

(5)  All the provisions of this Act that apply to companies with respect to standard freight tariffs and tolls apply to the company with respect to telegraph and telephone tariffs and tolls.

(6)  The minister may, by certificate, determine and prescribe the manner and form in which any tariff of telegraph or telephone tolls must be published or kept open for inspection.

 Long distance connections by order of minister

241  (1)  If any company or any municipality or corporation that has authority to construct and operate, or to operate, a telephone system or line and to charge telephone tolls, whether the authority is derived from the Legislature or otherwise, wants to use any long distance telephone system or line owned, controlled or operated by any company, in order to connect the long distance telephone system or line with the telephone system or line operated or to be operated by the first mentioned company or municipality or corporation for the purpose of obtaining direct communication, when required, between any telephone or telephone exchange on the one telephone system or line and any telephone or telephone exchange on the other telephone system or line, and cannot agree with the company with respect to obtaining that use, connection or communication, the first mentioned company, municipality or corporation may apply to the minister for relief.

(2)  The minister may, by certificate,

(a) order the company to provide for the use, connection or communication, on the terms as to compensation the minister considers just and expedient, and

(b) order and direct how, when, where, by whom and on what terms and conditions the use, connection or communication must be had, constructed, installed, operated and maintained.

 Standards of apparatus to be considered

242  (1)  On the application and in addition to any other consideration affecting the case, the minister must take into consideration the standards as to efficiency or otherwise of the apparatus and appliances of the telephone systems or lines.

(2)  The minister must only grant the application if and in so far as, in view of those standards, the use, connection or communication applied for can, in the opinion of the minister, be made or exercised satisfactorily and without undue or unreasonable injury to or interference with the telephone business of the company.

 Application of provisions as to joint tariff

243  (1)  If the telephone system or line operated by the company is used or connected, for purposes of communication as mentioned, with the telephone system or line operated by another company or by any municipality or corporation, and whether the connection or communication has been previously or is later established either by agreement of the parties or under an order of the minister, the provisions of this Act with respect to joint tariffs apply to the company or companies and to the municipality or corporation.

(2)  For the purposes of subsection (1), the minister has, for the enforcement of the minister's orders, in addition to all other powers possessed by the minister for that purpose, the power to order a discontinuance of the connection or communication between the different telephone systems or lines.

 Working agreements to be approved by minister

244  Every contract, agreement and arrangement between the company and any other company, or any municipality or corporation that has authority to construct or operate a telephone or telegraph system or line,

(a) for the regulation and interchange of telephone or telegraph messages or service passing to and from their respective telephone or telegraph systems and lines, or

(b) for the division or apportionment of telephone or telegraph tolls, or generally in relation to the management, working or operation of their respective telephone or telegraph systems or lines, or any of them or any part of them, or of any other systems or lines operated in connection with them or either of them,

is subject to the approval of the minister, and must be submitted to and approved by the minister, by certificate, before the contract, agreement or arrangement has any effect.

 Power of company to make rules

245  The company may, subject to the provisions and restrictions in this Act, make bylaws, rules or regulations respecting the following:

(a) the mode by which and the speed at which any rolling stock used on the railway is to be moved;

(b) the hours of the arrival and departure of trains;

(c) the loading and unloading of cars, and the weights which they are respectively to carry;

(d) the receipt and delivery of traffic;

(e) the smoking of tobacco, spitting and the commission of any nuisance in or on trains, stations or other premises occupied by the company;

(f) the travelling on or the using or working of the railway;

(g) the employment and conduct of the officers and employees of the company;

(h) the management of the affairs of the company.

 Fines

246  The company may, for better enforcing observance of the bylaws, rules or regulations of the company, impose in them penalties of not more than $40 for any violation of them.

 Form of bylaws

247  All bylaws, rules and regulations, whether made by the directors or the company, must be

(a) in writing,

(b) signed by the chair or person presiding at the meeting at which they are adopted,

(c) sealed with the common seal of the company, and

(d) kept in the office of the company.

 Approval by minister

248  (1)  The bylaws, rules and regulations, except those that relate to tolls and those that are of a private or domestic nature and do not affect the public generally, must be submitted to the minister for approval.

(2)  The minister may, by certificate, approve those bylaws, rules and regulations, or any of them or any part of them, and may rescind the approval or any part of it.

(3)  A bylaw, rule or regulation has no effect without the approval.

 Bylaws binding on all persons

249  The bylaws, rules and regulations when approved

(a) are binding on and must be observed by all persons, and

(b) are sufficient to justify all persons acting under them.

 Notice of bylaws

250  (1)  A printed copy of so much of any bylaw, rule or regulation as affects any person, other than the shareholders or the officers or employees of the company, must be openly affixed, and kept affixed, to a conspicuous part of every station belonging to the company, so as to give public notice to the persons interested or affected by them.

(2)  A printed copy of so much of any bylaw, rule or regulation as relates to the conduct of or affects the officers or employees of the company must be given to every officer and employee of the company affected.

 Company may enforce bylaws

251  If the violation or non-observance of any bylaw, rule or regulation is dangerous or an annoyance to the public, or a hindrance to the company in the lawful use of the railway, the company may summarily interfere, using reasonable force if necessary, to prevent the violation, or to enforce observance, without prejudice to any penalty incurred in respect of it.

 Trespass

252  (1)  A person who trespasses on any yard or track of a company commits an offence.

(2)  A person who commits an offence under subsection (1) is liable on conviction to a penalty of not more than $10.

(3)  This section does not apply in respect of any part of the track of a company that is laid along, on or across a highway.

 Purchase by person without corporate power to operate

254  (1)  If a railway or any section of a railway is sold under a deed or mortgage, or at the instance of the holders of a mortgage, bonds or debentures, for the payment of which any charge has been created on it, or under any other lawful proceeding, and is purchased by a person not having corporate power to hold and operate the railway or any section of a railway, the purchaser must not run or operate the railway until authority has been obtained under this section.

(2)  The purchaser must

(a) transmit to the minister an application in writing stating the fact of the purchase, describing the termini and lines of route of the railway purchased, and requesting authority from the minister to run and operate the railway, and

(b) with the application, transmit

(i)  a copy of any writing preliminary to the conveyance of the railway, made as evidence of the sale,

(ii)  a duplicate or authenticated copy of the deed of conveyance of the railway, and

(iii)  further details and information the minister may require.

(3)  On the application, the minister may, by certificate, grant an order authorizing the purchaser to run and operate the railway purchased until the incorporation of a company under this Act with corporate power, among others, to own and operate the railway.

(4)  The purchaser is then authorized, for the period only as set by the certificate, to operate and run the railway, and to take and receive the tolls in respect of traffic carried on it, as the company previously owning and operating the railway was authorized to take.

Dismissal of constable

257   The minister may by summary order, and the commissioner of the Provincial police force may by summary order, cancel the appointment of and dismiss any constable appointed under this Part.

 Agreement for sale, lease or amalgamation of railway

258  (1)  A company may enter into an agreement with any other company for selling, conveying or leasing to that company the railway and undertaking of the company in whole or in part, or for the purchasing or leasing from that company the railway and undertaking of that company in whole or in part, or for amalgamation.

(2)  The intended terms of an agreement under subsection (1) must be first approved by 2/3 of the votes of the shareholders of each company party to the agreement, at an annual general meeting or at a special general meeting of each company called for the purpose of considering the agreement, at each of which meetings shareholders representing at least 2/3 in value of the issued share capital of each company are present or represented by proxy.

(3)  On the agreement being approved and executed, it must be submitted to the minister with an application for its approval.

(4)  The minister may, by certificate,

(a) approve the agreement or refer it back for any amendment specified by the minister in a certificate, and

(b) after amendment, approve the agreement as amended.

(5)  An agreement under this section does not take effect until approved by the minister.

 Liabilities and powers of amalgamated company

259  On any agreement for amalgamation coming into effect, as provided in section 258,

(a) the companies who are parties to the agreement, subject to the provisions of this Act authorizing the agreement to be entered into, are deemed to be amalgamated and form one company, under the name and on the terms and conditions provided in the agreement, and

(b) the amalgamated company

(i)  possesses and is vested with all the railways and undertakings, and all of the other powers, rights, privileges, franchises, assets, effects and properties, real, personal and mixed, belonging to, possessed by or vested in the companies who are parties to the agreement, or to which they, or any or either of them, may be or become entitled, and

(ii)  is liable for all claims, demands, rights, securities, causes of action, complaints, debts, obligations, works, contracts, agreements or duties, to as full an extent as any or either of the companies was at or before the time when the amalgamation agreement came into effect.

 Power of directors to make traffic agreements

260  (1)  With the consent of the minister by certificate, the directors may at any time make and enter into any agreement or arrangement, not inconsistent with this Act, with any other company for the interchange of traffic between their railways or vessels, and for the division and apportionment of tolls in respect of the traffic.

(2)  The directors may also with the same consent make and enter into any agreement or arrangements, not inconsistent with this Act, for any term of not longer than 21 years for the following:

(a) for the running of the trains of one company over the tracks of another company;

(b) for the division and apportionment of tolls in respect of that traffic;

(c) generally in relation to the management and working of the railways, or any of them or any part of them, and of any railway or railways in connection with them;

(d) to provide, either by proxy or otherwise, for the appointment of a joint committee for the better carrying into effect of the agreement or arrangement, with powers and functions considered necessary or expedient.

 Annual returns

261  (1)  A company must annually prepare returns, in accordance with the forms for the time being required and prescribed by the minister, of its capital, traffic and working expenditure, and of all other information required by the minister.

(2)  The returns must be dated and signed by and attested by statutory declaration of the secretary, or another chief officer of the company, and be attested by statutory declaration of the president, or, in the absence of the president, of the vice president or manager of the company.

(3)  The returns must be made for the period beginning from the date to which the then last yearly returns made by the company extend, or, if no returns have been previously made, from the commencement of the operation of the railway, and ending with June 30 in the then current year.

(4)  A duplicate copy of the returns, dated, signed and attested in the manner mentioned, must be forwarded by the company to the minister within one month after August 1 in each year.

(5)  On the request of the directors of a company, the minister may set a period and time for the annual making and forwarding of returns under this section in respect of that company differing from the period and time specified by subsections (3) and (4).

 Weekly traffic returns

262  (1)  If required by the minister to do so, a company must prepare returns of its traffic on a weekly basis that is from the 1st to the 7th of the month, from the 8th to the 14th, from the 15th to the 21st and from the 22nd to the close of the month.

(2)  The returns must be in accordance with the forms required by the minister.

(3)  A copy of the returns, signed by the officer of the company responsible for the correctness of the returns, must be forwarded by the company to the minister within 7 days from the day to which the returns have been prepared.

(4)  The minister may in any case extend the time within which the returns must be forwarded.

 Repealed

261 to 262  [Repealed 2003-45-31.]

 Company bylaws

263  (1)  When requested by the minister, a company must provide to the minister a true copy of the existing bylaws of the company and of its rules and regulations for the management of the company and its railway.

(2)  The minister may make orders directing the form in which the information required by subsection (1) must be provided.

 Further returns of accidents

264  By summary order, the minister may direct a company to make up and deliver to the minister, in addition to the periodical returns, returns of serious accidents occurring in the course of the public traffic on the railway belonging to the company, whether there is personal injury or not, in the form and manner the minister considers necessary and requires for the minister's information with a view to public safety.

 Repealed

265  [Repealed 2003-45-31.]

 Definition

266  In this Part, "tramway" includes street railway.

 Application of Act to tramways

267  (1)  A company incorporated or in any way empowered under any Act to construct, acquire and operate a tramway, and to carry traffic and to charge tolls, is subject to and must comply with all the provisions of this Act, except those provisions relating to the following:

(a) the incorporation of the company;

(b) the constitution of the board of directors of the company;

(c) the amount of the initial share capital of the company.

(2)  All the provisions of this Act relating to the inspection of railways and with respect to the returns to be made by the railway companies apply to tramways and their inspection.

 Power to make regulations

268  (1)  For the purpose of carrying out the provisions of this Part, the Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2)  Without limiting subsection (1), the Lieutenant Governor in Council may make regulations for this Part as follows:

(a) for regulating the speed at which cars may be run on any tramway;

(b) providing penalties for infraction of the regulations.

 Work days for street railway employees

269  (1)  The Lieutenant Governor in Council may make regulations limiting the number of days in a week during which employees or any class of employees of a street railway company may be required or permitted to work.

(2)  The power conferred by subsection (1) may be exercised despite the provisions of any agreement respecting hours of labour between a municipal corporation and a street railway company or a street railway company and its employees.

(3)  A street railway company contravening or committing a breach of any provision of the regulations made under subsection (1) commits an offence.

(4)  A street railway company that commits an offence under subsection (3) is liable on conviction to the penalty provided in section 275.

 Operation of one man cars

270  (1)  An electric street railway or tramway company must not operate on any route any type of street car operated by one person only, commonly known as a one man car, without first having applied to and obtained the consent of the minister.

(2)  If application is made to the minister under this section in respect of the operation of one man cars on any route which traverses any portion of a municipality, the minister, before deciding the matter of the application, must

(a) notify the council of the municipality,

(b) hear all representations which the council may want to make with regard to the proposed operation of one man cars, and

(c) after that, decide the matter of the application, having special regard to the safety of the public.

 Power of minister to make regulations

271  (1)  The minister may make regulations that the minister considers necessary or advisable to achieve the objects and purposes of this Act, or for which no express or only partial provision has been made, including regulations for any of the following purposes:

(a) requiring railway and tramway companies to make returns and reports on matters prescribed by the minister, and setting forms to be used for those purposes;

(b) setting fees to be paid by railway and tramway companies and other persons for inspections, approvals and other things done by inspectors, inspecting engineers, technicians and administrators, whether or not in the employ of the government;

(c) prescribing standards for the use, location, design, construction, operation, inspection and testing of railways and tramways, and associated components of them, and of all equipment, locomotives, carriages and rolling stock used on or in connection with them;

(d) governing the operation of railway and tramway companies;

(e) governing the issue of certificates, with the right to set conditions on certificates and with the power to make different conditions for different companies, railways and tramways ;

(f) respecting the issue of and compliance with orders and notifications to railway and tramway companies that fail to comply with this Act, the code or the regulations;

(g) governing the employees of railway and tramway companies, and setting standards of competence and of health required for different classes of employees;

(h) respecting the safety, comfort and convenience of passengers, and the handling, storing and protection of cargo, and imposing obligations on companies to achieve and maintain standards prescribed by the minister for the protection of passengers and cargo;

(i) providing for investigation into and hearings in respect of accidents, including the appointment and powers of accident investigators and hearing officers, the procedures to be followed at investigations and hearings, with the power to make different provisions for different types or classes of accidents;

(j) governing the storage, handling and transportation of dangerous property and the standards to be applied when handling such property;

(k) providing for the issue of permits exempting railway or tramway companies or other persons from any regulation under this Act.

(2)  A regulation made under subsection (1) may adopt by reference, in whole or in part and with any changes the minister considers necessary, any regulation, standard or rule or any code that is not a code as defined in section 1, as amended from time to time.

(3)  B.C. Regs. 179/58, 452/59 to 461/59, 463/59, 168/69, 292/69 and 95/82 and all ministerial certificates issued before December 1, 1987, adopting regulations and orders under the Railway Act (Canada) on the subject of the storage, handling and transportation of dangerous property are ratified, validated and confirmed until repealed or amended by regulations made under this Act.

(4)  Without limiting subsection (1), a regulation may provide for the disclosure, by labeling or otherwise, of information respecting materials which are dangerous or potentially dangerous to a worker who handles them or works in their vicinity.

(5)  A person who is required by a regulation referred to in subsection (4) to disclose information may apply for exemption to the Hazardous Materials Information Review Commission under and in accordance with the Hazardous Materials Information Review Act (Canada), and, on being granted an exemption by that commission, a regulation referred to in subsection (4) does not apply to that person to the extent of the exemption granted.

 Rules for railway system equipment, operation and safety

272  (1)  The minister may make a code of rules respecting all aspects of railway system equipment, construction, maintenance, operation, health and safety and may amend the code from time to time as required.

(2)  A provision of the code may specify that the approval or consent of an inspector or some other person is required before a specific action may be taken.

(3)  The code and any amendments to it come into force on approval of the Lieutenant Governor in Council.

(4)  If there is a conflict between a provision of the code and a provision of the regulations, the regulations apply.

 Enforcement of code

273  (1)  If an inspector finds that a company is not being operated in accordance with the provisions of the code, the inspector may order the owner, manager or agent to comply with the code.

(2)  If a person fails or refuses to comply with an order of an inspector under this section, the inspector may apply to the Supreme Court for an injunction requiring the person to perform the obligations under the order.

 Certain acts constituted offences

274  (1)  A person company, or an officer or agent of a company,

(a) who offers, grants or gives, or solicits, accepts or receives, any rebate, concession or discrimination in respect of the transportation of any traffic by the company, by which the traffic must, by any device, be transported at a less rate than that named in the tariffs then in force,

(b) for whom the company or any of its officers or agents by those means is induced to transport traffic, and thereby to discriminate unjustly in favour of that person, company, officer or agent as against any other person or company, or

(c) who aids or abets the company in any unjust discrimination

commits an offence.

(2)  A prosecution must not be instituted for an offence under subsection (1) without the approval of the minister first being obtained.

 Penalties

275  (1)  Except as otherwise expressly provided in this Act, a person or company who contravenes a provision of this Act commits an offence and is liable on conviction to a fine of not more than $10 000.

(2)  If the offence is of a continuing nature, each day that the offence continues constitutes a separate offence.

(3)  If a company is convicted of an offence against a provision of this Act, a director or officer of the company who authorized, permitted or acquiesced in the offence commits the same offence and is liable to the fine for that offence set out in this section.

 Enforcement

276  A penalty under section 275 is recoverable by distress and sale of the goods and chattels of the person or company against whom the penalty is adjudged, and on whom the penalty is imposed.

 Penalties a first charge on railway

277  If a penalty is imposed on a company under this Act, the penalty is the first lien or charge on the railway, property, assets, rents and revenues of the company.

 Each day's violation is a distinct offence

278  If the violation of or failure to comply with any provision of this Act, or with any regulation, order or direction of the Lieutenant Governor in Council, the minister or any inspecting engineer, is made, by this Act or any regulation under it, an offence subject to penalty, each day's continuance of the violation or failure to comply constitutes a new and distinct offence.

 Company or officer doing or omitting to do anything against this Act

279  (1)  A company or any director or officer of it, or any receiver, trustee, lessee, agent or person acting for or employed by the company, that does, causes or permits to be done any matter, act or thing contrary to this Act, or to the orders or directions of the Lieutenant Governor in Council, the minister or any inspecting engineer, made under this Act, or omits to do any matter, act or thing thereby required to be done on the part of the company or person, is, for and in respect of any and every such act and omission, guilty of an offence.

(2)  The company, director, officer, receiver, trustee, lessee, agent or person is also, in any case, in addition to any penalty imposed for the offence, liable to any person injured by the act or omission for the full amount of damages sustained by the act or omission.

 Liability of company for act or omission of officer or of itself

280  (1)  For the purpose of enforcing any penalty under any of the provisions of this Act, or enforcing any regulation, order or direction of the Lieutenant Governor in Council, the minister or any inspecting engineer, made under this Act, the act, omission or failure of any officer, agent or other person acting for or employed by the company, if within the scope of that person's employment, in every case is the act, omission or failure of that company.

(2)  Anything done or omitted to be done by the company, which if done or omitted to be done by any director or officer of it, or any receiver, trustee, lessee, agent or person acting for or employed by the company, would constitute an offence under this Act, is an offence committed by the company, and on conviction for that offence the company is subject to the same penalties as are prescribed by this Act with reference to those persons.

 Penalties for violation of bylaws and rules

281  A person who willfully or negligently violates any bylaw, rule or regulation of the company is liable on conviction for each offence to a penalty of not more than the amount imposed by the bylaw, rule or regulation, or, if no amount is imposed, to a penalty of not more than $20, but a person must not be convicted of that offence unless at the time of the commission of it a printed copy of the bylaw, rule or regulation was openly affixed to a conspicuous part of the station at which the offender entered the train, or at or near which the offence was committed.

 Minister may require company to furnish information

265  (1)  By notice served on a company, or any officer, servant or agent of the company, the minister may require the company, or that officer, servant or agent, to furnish the minister, at or within any time stated in the notice, a written statement or statements showing any of the following, in so far and with the detail and particulars the minister requires:

(a) the assets and liabilities of the company;

(b) the amount of its stock issued and outstanding, and the date at which that stock was issued;

(c) the amount and nature of the consideration received by the company for the issue, and, if the whole of the consideration was not paid to the company in cash, the nature of the service rendered to or property received by the company for which any stock was issued;

(d) the gross earnings or receipts or expenditure by the company during any periods specified by the minister, and the purposes for which the expenditure was made;

(e) the amount and nature of any bonus, gift or subsidy received by the company from any source, and the source from which, and the time when and the circumstances under which, the bonus, gift or subsidy was received or given;

(f) the bonds issued at any time by the company, and what portion of them are outstanding and what portion, if any, have been redeemed;

(g) the amount and nature of the consideration received by the company for the issue of the bonds;

(h) the character and extent of any liabilities outstanding, chargeable on the property or undertaking of the company, or any part of it, and the consideration received by the company for the liabilities, and the circumstances under which they were created;

(i) the cost of construction of the company's railway or of any part of it;

(j) the amount and nature of the consideration paid or given by the company for any property acquired by it;

(k) the particulars of any lease, contract or arrangement entered into between the company and any other company or person;

(l) generally the extent, nature, value and particulars of the property, earnings and business of the company.

(2)  The minister may summon, require the attendance of and examine under oath any officer, servant or agent of the company, or any other person, as to any matters included in the return, or which were required by notice under subsection (1) to be returned to the minister, and as to any matter or thing which, in the opinion of the minister, is relevant to the return, or to any inquiry which the minister considers it expedient to make in connection with any of the matters mentioned or referred to in this section.

(3)  For the purposes of subsection (2), the minister may require the production to the minister of any books or documents in the control of the company, or the officer, servant, agent or person.

(4)  The minister may authorize any part of the information to be made public when and in so far as there may appear to the minister to be good and sufficient reasons for so doing.

(5)  If the information so proposed to be made public by the minister is of the character that the company would, in the opinion of the minister, be likely to object to its publication, the minister must not authorize the information to be published without notice to the company and hearing any objection which the company may make to the publication.