Railway Act

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

Section 6(3) BEFORE amended by 2003-45-7 effective June 20, 2003 (BC Reg 255/03).

Section 6(4) BEFORE amended by 2003-45-8 effective June 20, 2003 (BC Reg 255/03).

(4) A subscriber to the memorandum of association by so subscribing becomes a shareholder in the company, and becomes and is liable to pay to the company the sum of $10 000.

Section 8(2) and (3) BEFORE amended by 2003-45-9 effective June 20, 2003 (BC Reg 255/03).

(2) The fees set by the Company Act for registration of a company having a share capital of $1 million must be paid to the registrar.

(3) After registration of the company, the company must pay the fees required under the Company Act for all matters and transactions in the office of the Registrar of Companies, including fees for any increase of capital on the filing of a certificate authorizing the increase.

Section 10 BEFORE re-enacted by 2003-45-10 effective June 20, 2003 (BC Reg 255/03).

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,

(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.

Section 11 BEFORE re-enacted by 2003-45-10 effective June 20, 2003 (BC Reg 255/03).

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

Section 12 BEFORE repealed by 2003-45-10 effective June 20, 2003 (BC Reg 255/03).

Discretion of minister

(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,

(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

(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.

Section 13 BEFORE repealed by 2003-45-10 effective June 20, 2003 (BC Reg 255/03).

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.

Part 8, section 64 BEFORE repealed by 2003-45-11 effective June 20, 2003 (BC Reg 255/03).

Effect of defaults

(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

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.

Section 65(2) and (4) BEFORE amended by 2003-45-12 effective June 20, 2003 (BC Reg 255/03).

(2) A company may change its location by bylaw approved by a certificate signed by the minister.

(4) The directors of the company may establish other offices in British Columbia necessary or expedient for the purposes of the business of the company.

Section 67(1) and (2) BEFORE amended by 2003-45-13 effective June 20, 2003 (BC Reg 255/03).

Section 68 (1), (2), (3) and (5) BEFORE amended by 2003-45-14 effective June 20, 2003 (BC Reg 255/03).

(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 apply to the minister for a certificate specifying the number of directors who are to be elected to conduct the business of the company.

(2) Promptly after obtaining the certificate 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 specified in and by the certificate.

(5) The minister may, by certificate, change the number of directors for any company.

Section 69 BEFORE repealed by 2003-45-15 effective June 20, 2003 (BC Reg 255/03).

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.

Section 91(1) BEFORE amended by 2003-45-17 effective June 20, 2003 (BC Reg 255/03).

(1) 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.

Part 11 head and (section 122) BEFORE re-enacted by 2003-45-18 effective June 20, 2003 (BC Reg 255/03).

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.

(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.

Part 11 (sections 123-134) BEFORE repealed by 2003-45-18 effective June 20, 2003 (BC Reg 255/03).

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.

(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

(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.

Section 150 BEFORE repealed by 2003-45-19 effective June 20, 2003 (BC Reg 255/03).

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.

Section 151 BEFORE repealed by 2003-45-19 effective June 20, 2003 (BC Reg 255/03).

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.

(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.

Section 161(2) BEFORE repealed by 2003-45-20 effective June 20, 2003 (BC Reg 255/03).

(2) Before the company proceeds to erect any station on its railway, the location of the station must first be approved by the minister as evidenced by a certificate of the minister.

Part 22, section 162 BEFORE repealed by 2003-45-21 effective June 20, 2003 (BC Reg 255/03).

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.

Section 171 BEFORE repealed by 2003-45-22 effective June 20, 2003 (BC Reg 255/03).

Regularity in timetable

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

Section 172 BEFORE repealed by 2003-45-22 effective June 20, 2003 (BC Reg 255/03).

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.

Section 181 BEFORE repealed by 2003-45-22 effective June 20, 2003 (BC Reg 255/03).

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

Section 182 BEFORE repealed by 2003-45-22 effective June 20, 2003 (BC Reg 255/03).

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.

Section 184 BEFORE repealed by 2003-45-22 effective June 20, 2003 (BC Reg 255/03).

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.

Section 185(10) BEFORE amended by 2003-45-23 effective June 20, 2003 (BC Reg 255/03).

(10) Sections 186, 187, 198, 200, 201, 204, 205 and 208 to 225 do not apply to a railway that carries passengers or goods under a permit granted under subsection (5).

Section 186(6)(c) BEFORE REPEALED BY 2003-45-24 effective June 20, 2003 (BC Reg 255/03).

Section 190 BEFORE repealed by 2003-45-25 effective June 20, 2003 (BC Reg 255/03).

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.

Section 191 BEFORE repealed by 2003-45-25 effective June 20, 2003 (BC Reg 255/03).

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.

Part 28, sections 200 to 203 BEFORE repealed by 2003-45-26 effective June 20, 2003 (BC Reg 255/03).

Tariffs or tolls

200 (1) A company or 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.

Section 205(1) and (3)(c) BEFORE amended by 2003-45-27 effective June 20, 2003 (BC Reg 255/03).

(1) The minister may, by certificate, determine, as questions of fact, whether or not traffic is or has been carried under substantially similar circumstances and conditions, and whether there has in any case been unjust discrimination, or undue or unreasonable preference or advantage, or prejudice or disadvantage, within the meaning of this Act, or whether in any case the company has or has not complied with sections 202 to 204.

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.

Part 31 (sections 209 to 224) BEFORE repealed by 2003-45-28 effective June 20, 2003 (BC Reg 255/03).

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

(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

(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:

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

(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,

(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:

(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;

(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;

(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.

Section 226 BEFORE repealed by 2003-45-29 effective June 20, 2003 (BC Reg 255/03).

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.

Section 227 BEFORE repealed by 2003-45-29 effective June 20, 2003 (BC Reg 255/03).

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.

Section 228 BEFORE repealed by 2003-45-29 effective June 20, 2003 (BC Reg 255/03).

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.

Section232(1) renumbered to (1.1) and a new (1) was added by 2003-9-23 effective March 31, 2003 (BC Reg 149/03).

Section 232(1.1) and (2) BEFORE amended by 2003-9-23 effective March 31, 2003 (BC Reg 149/03).

(1.1) The company must transfer the following to the Minister of Finance and Corporate Relations on the expiry of the applicable period:

(a) any surplus of the proceeds of a sale under section 230 (3) that is not claimed within the 3 month period after the date of the sale;

(b) the balance of the proceeds of a sale under section 231 (1) that is not claimed within the 3 month period referred to in section 231 (2).

(2) Money transferred to the Minister of Finance and Corporate Relations under subsection (1) is deemed to be an unclaimed money deposit under the Unclaimed Property Act.

Part 34 (sections 233 to 239) BEFORE repealed by 2003-45-30 effective June 20, 2003 (BC Reg 255/03).

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.

(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;

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.

Part 35 (sections 240 to 244) BEFORE repealed by 2003-45-30 effective June 20, 2003 (BC Reg 255/03).

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.

(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.

Section 261 BEFORE repealed by 2003-45-31 effective June 20, 2003 (BC Reg 255/03).

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).

Section 262 BEFORE repealed by 2003-45-31 effective June 20, 2003 (BC Reg 255/03).

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.

(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.

Section 265 BEFORE repealed by 2003-45-31 effective June 20, 2003 (BC Reg 255/03).

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:

(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;

(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.

	MEMORANDUM OF ASSOCIATION OF THE ...........................RAILWAY COMPANY
1.	The name of the company is the "......................... Railway Company".
2.	The registered office of the company will be located in the City of ..........................., in British Columbia.
3.	The object for which the company is incorporated is to establish a railway undertaking, and to construct or acquire a railway from ........................ to ........................, in British Columbia.
4.	We, the several persons whose names and addresses are subscribed, want to be formed into a company under this Memorandum of Association, and we respectively agree to take and pay for shares in the share capital of the company up to the amount of $10 000 each.
	Dated ...........................[month, day, year]. ................................................................................................................................................................................
	Names, Addresses and Descriptions of Subscribers ................................................................................................................................................................................ ................................................................................................................................................................................
	Witness to the above signatures: Name ......................................................................... Address ..................................................................... Occupation ................................................................

"Point in Time" Act Content

RAILWAY ACT [RSBC 1996] CHAPTER 395