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The Canadian Pacific Railway Company Subsidiaries Act
This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

This version is current as of June 23, 2017.
It has been in effect since July 26, 1991.

Note: Earlier consolidated versions are not available online.


 

RSM 1990, c. 22

The Canadian Pacific Railway Company Subsidiaries Act

WHEREAS Canadian Pacific Railway Company, by its petition, prayed that certain provisions should be enacted;

AND WHEREAS its prayer was granted, and resulted in the enactment of Canadian Pacific Railway Company (Subsidiaries) Act, 1957, assented to March 15, 1957 and proclaimed in force September 26, 1957;

AND WHEREAS the Minister of Justice has caused the Act to be prepared in English and French for re-enactment in accordance with a judgment dated June 13, 1985 and an order dated November 4, 1985 of the Supreme Court of Canada;

S.M. 1991-92, c. 41,  s. 38.

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Assets vested in C.P.R.

1           So far as the legislative authority of the Legislature extends, the powers, rights, privileges, franchises, assets, effects, and properties, real, personal, and mixed, belonging to or possessed by each of the companies listed in the Schedule hereto, or to which they are entitled or would hereafter have been or become entitled, are hereby vested in Canadian Pacific Railway Company.

Act is conveyance

2           This Act and any Act of the Parliament of Canada respecting the vesting in Canadian Pacific Railway Company of the railways, undertakings, powers, rights, privileges, franchises, assets, effects, and properties, real, personal, and mixed, of the companies listed in the Schedule hereto shall be, for all purposes, a legal and valid grant, conveyance, transfer, and assignment to Canadian Pacific Railway Company of all lands and interests in lands, of all mortgages and encumbrances, and of any other property of any description whatsoever, of each of the companies listed in the Schedule hereto, and it shall not be necessary to register or file in any land titles office or registry office the usual, or any, instruments of transfer or conveyance or for a district registrar to issue new certificates of title.

Conveyance by C.P.R.

3           Subject to section 4, Canadian Pacific Railway Company may deal with, and execute all requisite transfers, deeds, grants, conveyances, discharges, releases and other documents in respect, of all lands and interests in lands, all mortgages and encumbrances, and all other property of any description whatsoever,owned by, or registered or that may hereafter be registered in the name of, each of the companies listed in the Schedule hereto, and may execute all requisite documents and instruments for the withdrawal, discharge, quit claim, surrender, or release of any claim to property, real, personal, or mixed, that either of the companies listed in the Schedule hereto may have filed or registered.

Memorial on title

4(1)        Before the registration of any dealing with land or any interest in land of either of the companies listed in the Schedule hereto that is subject to The Real Property Act, Canadian Pacific Railway Company shall request the district registrar to, and the district registrar shall, stamp on the then current certificate of title and duplicate thereof or other instrument evidencing an interest in land a memorial as to the transfer of ownership and title of such land or interest in land to Canadian Pacific Railway Company, and such memorial shall recite this Act.

Stamped certificate

4(2)        Every certificate of title or other instrument so stamped shall be conclusively deemed to be a certificate of title issued to, or an instrument registered by, Canadian Pacific Railway Company as of September 26, 1957.

Fee

4(3)        The memorial fee payable in respect of a certificate of title and duplicate thereof or other instrument shall be one dollar.

S.M. 1991-92, c. 41, s. 38.

SCHEDULE

Manitoba South-Western Colonization Railway Company

The Great North-West Central Railway Company

S.M. 1991-92, c. 41, s. 38.

NOTE:  This Act replaces S.M. 1957, c. 103.