as enacted by SM 1990-91, c. 1 on November 14, 1990.
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R.S.M. 1990, c. 214
The Winnipeg and Lake Shore Railway Company Act
WHEREAS An Act respecting "The Winnipeg and Lake Shore Railway Company" was assented to January 31, 1905;
WHEREAS the preamble to this Act when it was originally enacted provided as follows:
WHEREAS by chapter 59 of 61 Victoria, being An Act to incorporate the Winnipeg and St. Andrews Rapids Railway Company, the said company was empowered to construct a certain line of railway in accordance with said Act and other Acts incorporated therewith; and whereas it is deemed expedient to change and extend the course of the said railway, and to extend the time for completion of the same, and to change the name of the said company,
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:
Section 10 of chapter 59 of 61 Victoria is hereby repealed and the following substituted therefor:
The company shall have power to construct, maintain, equip, furnish, operate, alter and keep in repair a steam or electric railway, with double or single track, with necessary switches, side tracks and turnouts for the passage of cars, carriages or other vehicles, and, wherever desired by the company, and crossing the lines of any other railway company, from any terminal point within the City of Winnipeg northwards, and on the east side of the Red River, to a point on said river below or to the north of St. Andrews rapids and near the head of deep water navigation; and from some convenient point on said railway to a point at or near section 35 in township 11 in range 4 east of the principal meridian, Province of Manitoba, and from thence in a northerly or northeasterly direction, and to the southeast and east of Lake Winnipeg, and within the Province of Manitoba, to a suitable point at or near the northern boundary of the said Province, with power to build branches from any convenient point or points, along said railway to any point or points along the water's edge of Lake Winnipeg, and to any point or points at or near the eastern boundary of said Province; and to purchase therefor and equip said railway with all necessary rolling stock, locomotives, engines, power houses and electric appliances, to erect stations at suitable points along said railway, to transport and carry passengers and freight upon said railway; provided always that, when steam is used as a motive power, the railway shall not be operated along any street or highway in any city, town, village or rural municipality, or any road in any unorganized territory.
Chapter 76 of 1 and 2 Edward 7 is hereby repealed.
Section 21 of said Act is hereby amended by adding after the figure "41" in the eighth line thereof the figures "47, 48 and 49."
Section 15 of the said Act is hereby amended by adding thereto the following: "Provided that such fare shall be fixed by by-law of the company, which shall, before being put into operation and effect, receive the approval of the Lieutenant-Governor-in-Council.
The said chapter 59 of 61 Victoria is hereby further amended by adding thereto the following section:
The company is authorized to enter into arrangements for and to complete the lease or sale of the lines and property of the company to any other company, subject, however, to the approval of the Lieutenant-Governor-in-Council being first obtained to such lease or sale, and further to the first right or privilege of the Government of Manitoba to lease or acquire the lines and property of the company at or for an amount to be agreed upon between the parties.
That, notwithstanding anything contained in the said Act of incorporation, and Acts incorporated therein or amending the same, the said company or their successors shall be allowed two years from the coming in force of this Act in which to commence the construction of the said railway, and five years from said date in which to complete the construction of the said railroad to some point at or near the Winnipeg River, and eight years from said date in which to complete the construction of the said railroad to the northern boundary of said Province; and, until default has been made in the commencement or completion of the construction of the said railroad within the respective times and periods herein enacted for the same, the corporate existence and all the powers and privileges of said company are hereby declared to be preserved and to continue and remain in full force and effect as set out in said Act of incorporation.
This Act shall come in force on the day it is assented to.
NOTE: This Act replaces S.M. 1905, c. 74.