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The Portage Radial Railway and Canal Company Incorporation Act
This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

This version is current as of December 8, 2017.
It has been in effect since November 14, 1990, when this Act came into force.
 

RSM 1990, c. 141

The Portage Radial Railway and Canal Company Incorporation Act

WHEREAS An Act to Incorporate "The Portage Radial Railway and Canal Company" was assented to February 15, 1913;

WHEREAS the preamble to this Act when it was originally enacted provided as follows:

WHEREAS a petition has been presented for the incorporation of a company, with the powers herein set forth, and it is expedient to grant the prayer of such petition,

AND WHEREAS it is considered advisable to continue this Act in the body of Manitoba's laws in its original form without revision;

AND WHEREAS the Minister of Justice has caused this 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;

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

Incorporators

1           William Richardson, real estate agent; Henry Stephens, manufacturer; Fawcett Gowler Taylor, barrister-at-law, all of the City of Portage la Prairie, in the Province of Manitoba; Benjamin Lincoln Grant, of the Rural Municipality of St. Francois Xavier, farmer, in the said Province of Manitoba; Albert H. Oakes, financial broker, of the City of Winnipeg, in the said Province, and such other persons as shall hereafter become shareholders of the said company, are hereby constituted a body corporate and politic under the name of "The Portage Radial Railway and Canal Company," hereinafter called "the company."

Capital stock

2           The capital stock of the company shall be five hundred thousand dollars, divided into five thousand shares of one hundred dollars each.

Head office

3           The head office of the company shall be at the City of Portage la Prairie, in the Province of Manitoba, or such other place within the Province as may be from time to time determined by by-law.

When company may commence operations

4           As soon as twenty-five thousand dollars of the capital stock shall be subscribed, and twenty per cent of such subscribed capital shall have been paid, the company may begin to exercise the powers hereby granted, and the shareholders shall thereupon proceed to the election of the board of directors, and the provisional directors, or a majority of them, shall call a meeting of shareholders for that purpose.  The said meeting shall be called by giving at least two weeks' previous notice in The Manitoba Gazette and in a daily newspaper published in Portage la Prairie.

Transfer of shares

5           The stock of the company shall be deemed personal estate, and shall be transferable in such ways and subject to such exemptions as the directors shall by by-law direct, and the original and elected directors of the company may, in their discretion, exclude any person, firm or corporation from subscribing for stock in the said company, or from being a transferee thereof, or refuse to accept the transfer of any stock to any person, firm or corporation if they be of the opinion that such person, firm or corporation would hinder, delay or prevent the company from proceeding with or completing its undertaking.  This section shall not apply to paid-up stock.

Several clauses of The Manitoba Railway Act and The Manitoba Expropriation Act incorporated with this Act

6           The several clauses of The Manitoba Railway Act and those of The Manitoba Expropriation Act, which relate to the compulsory taking of land by expropriation proceedings, shall be and the same are hereby incorporated with and shall be deemed to be a part of this Act, and the expression "this Act," when used in this Act, shall be understood to apply and include such clauses of The Manitoba Railway Act and The Manitoba Expropriation Act in so far as they can be made applicable, and except in so far as they may be inconsistent with the express enactments hereof.

Powers of the company

7           The company shall have power to construct, maintain, equip, furnish, operate, alter and keep in repair a railway, operated by electricity or other power, with double or single tracks, with necessary switches, works, side tracks and turnouts, and crossing the line or lines of other railway companies with the approval of the proper authorities, from a point or points at or near the City of Portage la Prairie, thence in an easterly direction through the municipalities of Portage la Prairie, Woodlands, St. Francois Xavier, Rosser, St. Charles and Assiniboia, to a point or points at or near the City of Winnipeg, in the said Province; and to construct and operate branch lines to any point or points in the Province of Manitoba; and to construct and operate a line from a point in or near the City of Portage la Prairie, in the said Province, in a northerly direction through the Municipality of Portage la Prairie to a point at or near Delta, on the shores of Lake Manitoba; to construct and operate a canal from a point at or near Lake Manitoba in a southerly direction through the Municipality of Portage la Prairie to the Assiniboine River, in the said Province; and to purchase therefor and equip the said railway and canal with all necessary works, rolling stock, locomotives, engines, boats, vessels, buildings, power houses, electric and other appliances, and telegraph and telephone lines, and real and personal property; to erect stations at suitable points along the said railway and canal and to transport and carry passengers and freight, and to carry on the business of producing, transmitting, acquiring, selling, leasing and disposing of power, electricity, electric light and heat, and for the purposes aforesaid to acquire, construct, maintain, operate and dispose of all necessary lands, powers, buildings and works; and to transport and carry passengers and freight by boats, vessels or barges on said canal, subject to any regulation of traffic on any such canal, and to any provisions in respect thereof, that may be adopted by legislation hereafter.

Regulations concerning collection of fares

8           The directors shall have full power to make regulations requiring passengers to deposit their fares in the fareboxes or other receptacles provided for that purpose, either upon entering or leaving the cars, as the directors may determine, and such other regulations as the directors may think necessary in connection with the taking up and collection of fares.

Regulations for providing for safety of passengers

9           The directors shall also have power to make regulations for the safety and protection of passengers and to prevent overcrowding in the cars, and to prevent passengers and others from riding on the platforms of the cars, and generally to make such rules and regulations in reference thereto, such regulations to go into force upon being approved of by the Public Utilities Commissioner.

Holding of real estate, etc.

10          The company shall have power to acquire, sell, rent, purchase, hold, improve, exchange, dispose of, or otherwise deal with any real or personal property, and may carry on or do any other business germane to the business of the company, as to which the decision of the directors shall be final.

Use of streets and highways with consent of municipalities

11          The company shall have full power and authority to use and occupy any and such parts of any streets or highways in any city, town, village or rural municipality as may be required for the purposes of their railway tracks, poles, conduits, wires, pipes, mains, works and appliances, the laying or erecting of poles, cables, wires, conduits, pipes, mains, rails and other works and appliances, and the running of their cars, carriages and sleighs; provided always that the consent of the city, town, village or municipalities respectively shall be first had and obtained, who are hereby respectively authorized to grant permission to the said company to construct and operate their railway and works as aforesaid within their respective limits in, upon, along, over, under or under and along, and to use and occupy the said streets or highway, or any part of them, for such purposes, upon such conditions and for such period or periods as may be respectively agreed upon between the company and the city, town, village or other municipalities aforesaid, or any of them.

Acquisition of municipal plants

12          The company is hereby authorized to rent, purchase or otherwise acquire any municipal plant under which shall be carried on the business of light, heat, power, gas or any of them, or any business similar in whole or in part thereto; and any municipality is hereby authorized and empowered to sell or lease and convey any such plant, or any part thereof, to the company, and any municipality may contract with the company for the supplying of any commodity or the doing of anything by the company which the company is authorized to supply and do, on such terms as may be agreed upon.  Any municipality, by its council, is hereby authorized and empowered to pass any by-laws with reference to the matters set forth in this section, or any of them.  After having submitted such by-law to the ratepayers qualified to vote upon money by-laws, and after such by-law has received the assent of the ratepayers, signified by three-fifths of all the legally qualified ratepayers actually voting upon the by-law having voted in favor of the same.  The provisions of this section shall be subject to those of The Municipal Act.

Agreements between the company and municipalities respecting the operations of the company

13          The council of any city, town, village or municipality in the Province of Manitoba and the said company are authorized to enter into any agreement relating to the producing, selling, leasing, or disposing of, in or to such city, town, village or municipality, power, electricity, electric light and heat, and for the construction of a line of railway, and of telegraph and telephone lines for the purposes of the company, and the erecting and maintaining of rails, poles, wires, cables, pipes and appliances for such purposes in, upon, over, along, under or under and along the streets, lanes or highways of such city, town, village or municipality, and as to the manner of carrying on, constructing and maintaining any of said works, and to pass any by-laws with reference to such matters, or any of them.

Public Utilities Commissioner to determine dispute between any municipality and company

14          In the event of any municipality refusing to give any consent or failing to agree as to any terms and conditions upon which the company is permitted to exercise any of its franchises or powers or rights, for the exercise of which the consent or agreement of such municipality is required, there shall be an appeal to the Public Utilities Commissioner, who shall have the right and power to determine any dispute and grant the necessary consent, and settle the terms and conditions upon which the company may exercise the same within such municipality, and the decision of the Public Utilities Commissioner in any such case shall be final and binding on all parties.

Form of deed of land to company

15          All deeds and transfers of land to the said company in so far as circumstances will permit, may be in the form of schedule A to this Act, or in any other form to like effect.

Amalgamation with other companies authorized subject to approval of Public Utilities Commissioner

16          The company may, subject to the approval of the Public Utilities Commissioner, amalgamate with any other company having objects similar in whole or in part to those of the company, or any part thereof, which other company is hereby authorized and empowered with the same force and effect as if such necessary power and authority had been heretofore specifically granted by the Legislature to it in addition to the powers heretofore conferred upon, it to amalgamate with the company or to transfer by proper conveyance to the company, on such terms and for such stock or otherwise as may be agreed on, its undertakings and all its powers, rights and privileges and all its property and assets, and such amalgamation may be by deed, which shall set forth such details as are deemed necessary to perfect the amalgamated company; but the same shall not effect such amalgamation until it shall have been submitted to and approved of by the shareholders of both companies at meetings of such shareholders respectively duly called for such purpose, and approved by a vote of not less than two-thirds in value of those then present or represented by proxy at each such meeting, and by such deed of amalgamation it may be agreed that the amalgamating companies shall thereafter form one company under the name of either company, and by such deed the proportion of stock which shall be represented by each company shall be settled and provision shall be made for giving the voting power to the shareholders of each of the companies as shall be entitled thereto, by the conversion of their stock, on terms which shall be agreed upon by the said deed, into stock of the amalgamated company; and by such deed, into stock of the amalgamated company; and by such deed the mode of appointing the next board of directors shall be established.  Notice of the application for approval of the amalgamation shall be given by advertisements published in two consecutive issues of The Manitoba Gazette, and thereafter, and upon the same being approved of by the Public Utilities Commissioner, the said companies shall be amalgamated and shall be deemed to be and shall be "The Portage Radial Railway and Canal Company," and the undertakings and all the powers, rights, franchises, authorities and privileges and all the property and assets of the companies parties to such amalgamation, shall, ipso facto, be possessed by and be vested in the company (the said "The Portage Radial Railway and Canal Company") in such manner and to the same extent as if they had been originally conferred on or granted to or acquired by it, but subject to all the liabilities, contracts, disabilities and duties of each of the said companies.  All debts due and owing by or to the companies parties to such amalgamation shall become due and owing to or by the company in such manner as if they had been originally contracted by it.  A duplicate of the said deed so approved of shall be filed in the office of the Provincial Secretary (no registration or filing in any other office being required), notice of such approval shall forthwith be published in two consecutive issues of The Manitoba Gazette.  In the event that any company which may be amalgamated with the company pursuant thereto has any power, rights, franchises, authority or privileges similar to any of those of the company, but exerciseable upon different terms and conditions, the company may exercise the same upon the terms and conditions prescribed in the case of other constituent company.  The company shall not amalgamate with any company incorporated under legislation of the Dominion of Canada, nor shall the powers of the company hereby incorporated be exercised by any such Dominion company into which the company hereby incorporated shall have been amalgamated.

Certain sections of The Manitoba Joint Stock Companies Act to apply

17          The several section and sub-sections of The Manitoba Joint Stock Companies Act, as amended, numbered as follows:  27, 29, 30, 31, 31(a), 31(b), 31(c), 32, 36, 37, 39, 40, 43, 43(a), 43(b), 43(c), 43(d), 43(e), 45, 46, 47, 48, 49, 50, 51, 53, 54, 55, 56, 69, 69(a), 69(b), 69(c), 69(d), 69(e), 69(f), 69(g), 69A and 77 are hereby incorporated with and shall be deemed to be a part of this Act; the terms "this Act" and "the company," or similar terms, being substituted as required by the context for any of the terms "the letters patent of the company" or "of any company incorporated under this Act of any other general Act of this Province for the incorporation of companies by letters patent" or "a company," or any similar term where they occur in any of the said sections or sub-sections.

Powers of directors to make by-laws concerning selling of stock, etc.

18          In addition to the powers conferred upon directors under the provisions of The Manitoba Joint Stock Companies Act, they may make by-laws from time to time for the selling of stock at a premium, the issuing of share warrants, and the declaring and paying of dividends in cash, in stock or otherwise, and for renumerating the directors.

Sections of The Manitoba Railway Act incorporated

19          The several sections of The Manitoba Railway Act, as amended, or as may be amended in future, shall be and the same are hereby incorporated with and shall be deemed to be a part of this Act, and shall apply to the said company and to the railway to be constructed by them, excepting so far as the same may be inconsistent with the express enactments hereof, and the expression "this Act" when used herein shall be understood to include the sections of the said The Manitoba Railway Act, except as aforesaid.

Issue of bonds and debentures

20          The directors of the company may, subject to the provisions of this Act, issue bonds, debentures or other securities, signed by the president or other presiding officer, and countersigned by the secretary, which counter-signature and the signature of the coupons attached to the same may be engraved, and such bonds, debentures or other securities may be made payable at such times and in such manner and at such place or places in Canada or elsewhere, and may bear such rate of interest, not exceeding six per cent, per annum, as the directors think proper, but such bonds, debentures or other securities may be issued only in proportion to the length of railway constructed or under contract to be constructed, and shall not exceed in amount ten thousand dollars per mile of such length.

Provision re issue of bonds

21          The power of issuing bonds conferred upon the company shall not be construed as being exhausted by issue, but such power may be exercised from time to time upon the bonds constituting such issue being withdrawn or paid off and duly cancelled.

Receiving aid

22          The company may receive either by grant, gift or otherwise from any government or from any person, city, town, village or municipality in Manitoba with power to grant the same, as aid in the construction of any of the works or operations authorized by this Act, or of carrying on the same, lands, properties, franchises, sums of money or debentures as gifts or by way of bonus or otherwise, and may dispose thereof and may alienate the same in promoting any of the affairs, business and operations of the company, and the company may receive exemption from taxation and all other exemptions that may be lawfully granted by municipal or other authorities by by-law, resolution or otherwise.

Saving clause as regards several companies

23          Nothing in this Act contained shall affect or in any way prejudice or infringe on any of the exclusive rights, privileges, or franchises of the Winnipeg Electric Railway Company, the Suburban Rapid Transit Company (or Suburban Rapid Transit Railway Company) or the Winnipeg, Selkirk and Lake Winnipeg Railway Company, where any such exclusive rights, privileges or franchises exist.

Rights in Winnipeg and St. Boniface subject to consent of cities

24          None of the provisions of this Act shall apply to the City of Winnipeg or the City of St. Boniface, except with the consent of the said city, signified by by-law.

Steam may be used for construction purposes elsewhere than on public highways

25          The company shall have the power to use steam during and for the purpose of the constructions of the said railway, and when not operating along a public highway, but not otherwise.

Time of commencement and completion

26          The construction of the railway hereby authorized shall be commenced within two years and shall be completed within four years from the date of the coming into force of this Act.

27          This Act shall come into force on the day it is assented to.

SCHEDULE A

Know all men by these presents that                  in consideration of                               

dollars to

by The Portage Radial Railway and Canal Company now paid, the receipt whereof is hereby acknowledged, do grant to the said company all that certain parcel of land situate

the same having been selected by the company for the purpose of their railway (or canal), to hold with the appurtenances thereof unto the said The Portage Radial Railway and Canal Company, their successors and assigns.

As witness               hand and seal this                  day of

                           , A.D. one thousand nine hundred and              .

Signed, sealed and delivered

in the presence of

NOTE:  This Act replaces S.M. 1913, c. 123.