c-14 - Railway Act

Updated to 1 April 1999

This document has official status.

chapter C-14

Railway Act

Repealed, 1993, c. 75, s. 40.

1993, c. 75, s. 40.

DIVISION I DECLARATORY AND INTERPRETATIVE

1. If the charter of any railway company, or any amendment thereto, vests in such company the power to carry on undertakings other than those connected with the building of its railway system, none of such other undertakings may be carried out after 19 March 1921 (date of the coming into force of chapter 84 of the statutes of 1921), if such company have, before 19 March 1921, exconnected with the said building, and if the delays allowed by section 163 of this Act have expired.

Nevertheless, if any railway company have, before 19 March 1921, exercised one or more powers, other than those connected with the building of its railway, without having conformed to the provisions of the said section 163 of this Act, as to the building or completion of the said road, it shall preserve its corporate existence with respect to the exercise of the said powers, notwithstanding the provisions of the said section 163.

No railway company which, either under its charter or under any amendment thereto, has obtained the right to enter upon lands in the public domain for the purpose of making thereupon any dike, dam, building or other work, in order to dam, confine, raise, lower, retain or regulate the water, may, since 19 March 1921, exercise any such right, unless the exercise thereof has begun before the said date; and, in the latter case, the company may not exercise any right other than those it has begun to exercise before the said date.

R. S. 1964, c. 290, s. 1; 1987, c. 23, s. 76.

2. Sections 5 to 187 shall apply to every railway constructed or to be hereafter constructed, whether operated or to be operated by steam, electricity or other power, and, insofar as they are applicable to such undertaking, and unless they are expressly varied or excepted by the charter, shall be incorporated with the charter, form part thereof, and be construed accordingly.

R. S. 1964, c. 290, s. 2.

3. Any of the said sections 5 to 187 shall be sufficiently excluded from the charter by enacting in such charter that such sections, designating them by their numbers, shall not be incorporated therewith, and the charter or special act shall be construed accordingly.

R. S. 1964, c. 290, s. 3.

4. Sections 188 to 249 shall apply to all railways in course of construction by the Gouvernement du Québec, and the property of Québec, insofar as they are not inconsistent with the charter; to all railways which have been or which may be constructed, under the authority of any charter granted by the Legislature or the Gouvernement du Québec; and to all companies incorporated for their construction and working; subject always to any provisions hereinafter made as to the application of any provision of this act to any railway, or as to the time from which it is to be held as so applying.

R. S. 1964, c. 290, s. 4; 1977, c. 5, s. 14.

5. (1)  The words “the charter”, or “the special act”, used in this act shall mean any act, statute, or law authorizing the building of a railway, with which this act or the Québec Consolidated Railway Act, 1880, or the act respecting railways, as contained in the Revised Statutes of Québec of 1888, or as contained in the Revised Statutes of 1909, or as contained in the Revised Statutes of 1925, or as contained in the Revised Statutes of 1941, or as contained in the Revised Statutes of 1964;

(2)  The word “prescribed”, used in this act in reference to any matter herein stated, shall be deemed to refer to the matter determined or governed by the charter; and the sentence in which such word occurs shall be construed as if, instead of the word “prescribed”, the phrase “prescribed for that purpose in the charter” had been used;

(3)  The words “the lands” shall mean the lands which, by the charter, may be taken for the purpose thereof;

(4)  The words “the undertaking” shall mean the railway and works of all kinds authorized by the charter to be built or executed.

R. S. 1964, c. 290, s. 5.

6. The following words and expressions, both in this Act and in the charter, shall have the meanings hereby assigned to them, unless the subject or context otherwise requires;

(1)  The word “lands” shall include all real estate, messuages, lands, tenements and hereditaments held under any tenure;

(2)  The word “lease” shall include any agreement for a lease;

(3)  The word “toll” shall include any rate or charge or other payment, payable under this Act or the charter, for any passenger, animal, carriage, goods, merchandise, matters or things conveyed on the railway;

(4)  The word “goods” shall include things of every kind that may be conveyed upon the railway, or upon steam or other vessels connected therewith;

(5)  The word “county” shall include any county, any union of counties, or any division thereof into separate municipalities;

(6)  The word “highway” means all public roads, streets, lanes, and other public ways of communication;

(7)  The word “sheriff” shall include the deputy sheriff, the under-sheriff, or other legal competent delegate; and where a provision requires that something be done in relation to lands by a sheriff, the word “sheriff” shall be construed to mean the sheriff of the district where the lands are situated; and, if the lands in question, being the property of the same person, are not situated wholly in one district, the word shall mean the sheriff of any district where any part of such lands is situated;

(8)  The words “justice of the peace” mean a justice of the peace acting for the district where the matter requiring the cognizance of a justice of the peace arises, and who is not interested in the matter; and whenever the matter arises in respect of lands, being the property of the same person not wholly situate in any one district, such words shall mean a justice of the peace acting for the district where any part of such lands is situate, and who is not interested in such matter;

(9)  The word “owner”, “proprietor” or “property-owner”, wherever, under the provisions of this Act or the charter, any notice is required to be given to the owner of any lands, or where any act is authorized or required to be done with the consent of the owner, means any corporation or person, who, under the provisions of this Act or charter, or any Act incorporated therewith, would be enabled to sell and convey lands to the company;

(10)  Subject to the provisions of section 167, the words “the company” mean the company or person authorized by the charter to build the railway;

(11)  Subject to the provisions of section 229, the words “the railway” mean the railway and the works authorized by the charter to be built or executed;

(12)  The word “shareholder” means every subscriber to or holder of stock in the undertaking, and shall extend to and include the personal representatives of the shareholder;

(13)  The words “working expenses” mean and include all expenses of maintenance of the railway and of the buildings, works and conveniences belonging thereto, and of the rolling and other stock and moveable plant used in the working thereof; all reasonable rents for property, or for lease of power or rolling stock; all usual expenses of or incidental to the working of the railway and the traffic thereon, including stores and consumable articles; rates, taxes, insurance and compensation for accident or losses, and all proper salaries and wages, and management expenses; all moneys owing by the company for any of the above items of expense; interest on mortgages or debentures; and a sum not exceeding 5 % per annum of the total mortgage indebtedness of the company to be placed to the credit of a special account or a sinking-fund for the purpose of extinguishing such indebtedness;

(14)  The words “first issue of stock” mean all stock subscribed for and allotted prior to the first meeting of shareholders of the company for organization and election of directors, and upon which at least 10 % has been paid.

R. S. 1964, c. 290, s. 6; 1990, c. 4, s. 137; 1992, c. 61, s. 103.

7. In interpreting the provisions of this act, from section 188 to 249, the words “railway company” or “company” shall include every owner, lessee or contractor working a railway built or worked under any act of the Legislature.

R. S. 1964, c. 290, s. 7.

DIVISION II GENERAL POWERS, PRIVILEGES AND IMMUNITIES

8. Every company, established under any charter, shall be a corporation under the name declared in the charter, and shall be vested with all the powers, privileges and immunities, which are or may be necessary to carry into effect the intentions and objects of this act and of the charter granted for that purpose, and which are incident to such corporations or are declared or contained in the Civil Code.

R. S. 1964, c. 290, s. 8.

DIVISION III POWERS

9. The company shall have power and authority:

(1)  To receive, hold and take all voluntary grants and donations of land or other property made to it, to aid in the construction, maintenance and accommodation of the railway; but the same shall be held and used for the purpose of such grants or donations only;

(2)  To acquire, hold and take of any corporation or person any land or other property necessary for the construction, maintenance, accommodation and use of the railway, and also to alienate, sell or dispose of the same at pleasure;

(3)  With the consent of the Government, to take and appropriate, for the use of its railway and works, but not to alienate, so much of the wild lands in the public domain, lying on the route of the railway, as have not been granted or sold, and as may be necessary for such railway, as also so much of the public beach or of the land covered with waters of any lake, river, stream or canal, or of their respective beds, as is necessary for making and completing and using their said railway and works, subject, however, to the authority and control of the Parliament of Canada, in so far as shipping and navigation are concerned;

The Government may, however, if it deems that special circumstances justify it in so doing, consent to the conveying of ownership title in such lands or property in the public domain, without any restriction whatsoever, in favour of the company;

(4)  To make, carry or place the railway across or upon the lands of any corporation or person on the line of the railway or within the distance from such line stated in the charter, although, through error or other cause, the name of such corporation or person has not been entered in the book of reference hereinafter mentioned, or although some other corporation or person has been erroneously mentioned as the owner of or as entitled to convey, or as interested in such land;

(5)  To construct, maintain and work the railway across, along, or upon any river, water course, canal, highway or railway which it intersects or touches; but the river, water course, highway, canal or railway, so intersected or touched, shall be restored by the company to its former state, or to such state as not to impair its usefulness; subject always, however, to the authority and control of the Parliament of Canada, in so far as respects shipping and navigation;

(6)  To survey, lay out, construct, make, complete, alter and keep in repair an iron or steel railway of a gauge of 143.5 centimetres, to be worked by the force and power of steam or of electricity, or of the atmosphere, or of animals, or by mechanical power, or by any combination thereof authorized by the special act, with double or single iron or steel tracks; and the said railway or any part thereof, as far as the same may be operated by electricity, or any power other than steam, may be carried along and upon such public highways as may be authorized by the by-laws of the respective corporations having jurisdiction over the same, and subject to the restrictions and provisions therein and in this Act contained, and under and subject to any agreements between the company and the councils of the said corporations and between the company and the said companies, if any, interested in such highways; and the company may make and enter into any agreements with any municipal corporation or road company as to the terms of occupancy of any street or highway, subject to the provisions and conditions contained in this Act, in the Municipal Code (chapter C-27.1), in the Cities and Towns Act (chapter C-19), or in the charter of the town interested therein;

(7)  To purchase land for and erect powerhouses, factories, warehouses, elevators, docks, offices, and workshops, and to sell and convey such land as may be found superfluous for any such purpose, and to hold as part of the property of the said company as many steam or other vessels as the directors of the company may deem requisite, to facilitate the carriage of passengers, freight and all other traffic in connection with the railway;

(8)  To erect and maintain all necessary and convenient buildings, stations, depots, wharves and accessories, and to change, repair and enlarge the same, and to purchase and acquire stationary or locomotive engines, motors and carriages, cars, floating-stages and other machinery necessary for the accommodation and use of the passengers, freight and business of the railway;

(9)  To construct, maintain and operate works for the production of electricity for the motive power of the said railways, and for lighting and heating the rolling-stock and other property of the company;

(10)  To sell and lease any such electricity, not required for the purposes aforesaid, to any person or corporation, and to acquire and hold any property necessary for the purposes mentioned in this division;

(11)  To purchase the right to carry electricity required for the working of the railway, and lighting or heating the same, over, through or under lands, other than the lands of the railway by the special Act authorized to be built, and, with the consent of the councils of the municipalities affected, to purchase the right to lay conduits under or erect poles and wires on or over such lands as may be determined by the company, and along and upon any of the public highways or across any of the waters in Québec, by the erection of the necessary fixtures, including posts, piers or abutments for sustaining the cords or wires of such lines, or the conduits for such electricity, upon and subject to such agreement in respect thereof as shall first be made between the company and private owners of the lands affected, and between the company and any municipality in which such works or any part thereof, or of the railway, may be situate, and under and subject to any by-law of the council of such municipality passed in pursuance thereof; provided such works are not so constructed as to impede the public use of such roads or highways, or as to be a nuisance thereto, or to impede the free access to any house or other building erected in the vicinity of the same, or to endanger or injuriously affect the same, or injuriously interrupt the navigation of such waters;

(12)  To construct branch railways authorized by the charter, and to manage the same, and, for that purpose, to exercise and possess all the powers, privileges and authority necessary therefor, in as full and ample a manner as for the railway;

(13)  To construct and make all other matters and things necessary and convenient for making, extending and using the railway, in pursuance of this Act and of the charter;

(14)  To take, transport, carry and convey persons and goods of all kinds on the railway; to regulate the time and manner in which the same shall be transported, and the tolls and compensation to be paid therefor, and receive such tolls and compensation;

(15)  To purchase, lease or acquire by donation, and to sell, lease, alienate or mortgage any lands or premises intended and necessary or suitable for any park or pleasure grounds, not exceeding 40 hectares in any one municipality, and to improve and lay out such lands as parks or places of public resort, and to make and enter into any agreements with the municipal corporations of the municipalities where the same are situate or any of them, in respect thereto; but none of the provisions of this paragraph shall have any force or effect, unless the municipal council of the municipality wherein the lands proposed to be acquired by the company are situated, has by by-law assented to the company’s acquiring lands under, and for the purpose mentioned in this paragraph;

(16)  To borrow, either in Canada or elsewhere, at a rate of interest not exceeding 6% per annum, such sums of money as may be expedient for completing, maintaining or working the railway; to make the bonds, debentures and other securities, granted for the sums so borrowed, payable either in currency or in sterling, in francs or in the currency of any country, and at such place or places, within Canada or without, as may be deemed advisable; to sell the same at such prices or discount as may be deemed expedient, or be necessary; and to hypothecate, mortgage or pledge the lands, tolls, revenues and other properties of the company, for the payment of the said sums borrowed and the interest thereon; but no such bond, debenture or other security shall be for less than $100;

(17)  To enter into and upon any lands in the public domain, without previous permission therefor, or into and upon the lands of any corporation or person, lying on the intended route or line of the railway; and to make all surveys, examinations, or other operations on such lands necessary for fixing the site of the railway, and to set out and ascertain such parts of the lands as are requisite and proper for the railway;

(18)  To fell or remove any trees standing in any woods, lands or forests where the railway passes, to the distance of 35 metres from either side thereof;

(19)  To cross or intersect any other railway, and join and unite the railway with any other railway, at any point on its route, and upon the lands of such other railway, with the necessary conveniences for the purposes of such connection; and the owners of both railways may unite in forming such intersection, and grant facilities therefor; and in case of disagreement upon the amount of compensation to be made therefor, or upon the point or manner of such crossing or connection, the same shall be determined by arbitrators to be appointed by a judge of the Superior Court;

(20)  No railway company shall avail itself of any of the powers contained in paragraph 19 of this section, without application to the Minister of Transport, for approval of the mode of junction, crossing, or intersection proposed;

Notice in writing of such application shall be given to any other railway company affected, by sending the same, by mail or otherwise, to the address of the president, superintendent, managing director or secretary of any such railway company;

When such approval has been obtained, either railway may, in case of disagreement as to the amount to be paid for compensation, proceed to determine such compensation, as provided in paragraph 19 of this section;

(21)  Any railway company may, whenever a by-law sanctioning the same has been passed by the municipal council of the municipality within which such proposed branch is situate, construct a branch or branches, not exceeding 10 kilometres in length, from any terminus or station of its railway;

No such branch shall, as to the quality and construction of the road, be subject to any of the restrictions contained in the charter or in this Act, nor shall anything in either authorize the company to take for such branch any lands belonging to any person, without the consent of such person first obtained;

(22)  For the purpose of connecting any city, town, village, manufactory, mine, or any stone or slate quarry, or any well or spring, with the main line of the railway of the company, or with any branch thereof, or with any railway worked or leased by the company; and for the purpose of giving increased facilities to business, or for the purpose of transporting the products of any such manufactory, mine, quarry, well or spring, the company may build, make, construct, work and use, sidings, or branch lines of railway, not to exceed, in any one case, 10 kilometres in length; but the company shall not proceed to locate or build any branch line of more than 400 metres in length, under this section, until public notice shall have been given for six weeks, in some newspaper published in the counties through or in which such branch line is to be built, that it is the intention of the company to apply to the Government to sanction the building of such branch line, and to expropriate the necessary lands for that purpose, under the compulsory powers vested in them by this Act, or by any Act concerning such company; nor unless the company shall, prior to the first publication of such notice, have deposited in the registry office of any city, county or part of a county, in which the line or any part thereof is to be constructed, the maps and plans indicating the location of the line; nor until the company shall have submitted such maps and plans to, and until such maps and plans shall have been approved by the Government, after the last publication of the notice; and provided that the order of the Government, approving the said maps and plans, shall limit the time, not exceeding two years from the date of such order, within which the company may construct such branch line;

For any and every such purpose, each and every company herein referred to, shall have and may exercise all the powers given them, with respect to their main line, by the charter of the company, or Acts relating to the company, or by the Act authorizing the construction of the main line, and by this Act; and all the provisions of the said Acts which are applicable to such extension, shall extend and apply to every such siding, or branch line of railway;

(23)  Any railway company, desiring at any time to change the location of its line of railway in any particular part, for the purpose of lessening a curve, reducing a gradient, or otherwise changing such line of railway, or for any other purpose for the advantage of the public, may make such change; and all the provisions of this Act shall refer as fully to the part of such line of railway, so at any time changed or proposed to be changed, as to the original line; but no railway company shall extend its line of railway beyond the termini mentioned in the charter;

(24)  To enter into any agreement with any person or company, for leasing, hiring or using any electric motors, carriages, cars, rolling stock or other moveable property from such company or person, for such time and on such terms as may be agreed on; and also to enter into agreements with any railway company, for the use, by any contracting company, of the electric motors, carriages, cars, rolling stock or other moveable property of the other, for the running of the cars or carriages of the company over the track of any other railway company with the consent of such company, on such terms as to compensation and otherwise as may be agreed on;

(25)  To enter into any agreement with any person or company for supplying steam or other power for the production of electricity for the purposes of the railway, or with any electric light or electric railway company, or any company organized for the purpose of supplying or furnishing electric power, for the purchase, leasing or hiring of power to run their electric motors, carriages or cars, or for lighting or heating the same, or for any other purpose for which it may be required by the company to construct, carry on and operate the railway;

(26)  The price to be paid by the company in virtue of any agreement mentioned in paragraph 24 or 25 of this section, shall be reasonable in amount; but such agreement shall not be valid unless confirmed and approved by a resolution passed by the votes of shareholders holding two-thirds in value of the capital stock of the company, at a general meeting specially called for the purpose of considering such agreement;

(27)  The original capital stock of any railway company may be increased at will to any amount, but such increase must be sanctioned by a vote, in person or by proxy, of shareholders representing at least two-thirds of the shares, at a meeting specially called by the directors for that purpose, by a notice in writing to each shareholder, served on him personally, or properly directed to him, and deposited in the post-office at least twenty days previous to such meeting, stating the time and place and object of the meeting and the amount of the proposed increase;

The proceedings at such meeting must be entered in the minute books, and thereupon the capital stock may be increased to the amount mentioned by such vote.

Before exercising the powers provided in paragraphs 4, 5, 6, 8, 12, 14, 22 and 23, a company must obtain, in each case, the authorization of the Minister of Transport.

R. S. 1964, c. 290, s. 9; 1972, c. 55, s. 104; 1977, c. 60, s. 40; 1987, c. 23, s. 76.

10. Any railway company incorporated under an Act of the Legislature of Québec, or any such company incorporated outside Québec, if empowered thereto by its charter, may by authentic deed—for the purpose of securing any bonds, debentures or debenture stock which it is by law entitled to issue—hypothecate any property, movable or immovable, present or future, which it may own in Québec.

The above mentioned powers can be exercised only if authorized by a by-law, approved by a vote of the shareholders representing at least two-thirds in value of the subscribed capital stock of the company at a general meeting duly called for that purpose.

A copy of any trust deed for securing any issue of debentures or other securities of the company shall be forwarded to every holder of any such debenture or other security at his request, on payment in the case of a printed trust deed of the sum of $0.25, or such less sum as may be prescribed by by-law of the company, or, where the trust deed has not been printed, on payment of $0.10 for every 100 words required to be copied.

If such copy be refused or not forwarded upon request, the company shall be liable to a fine not exceeding $100 for such refusal or neglect, and on an application by the prosecutor which is attached to the statement of offence, to a further fine not exceeding $10 per day for each day that the offence continues; and every director, manager, secretary, or other officer of the company, who, knowingly, authorizes or permits that such transmission be not effected, shall be liable to the like penalty.

R. S. 1964, c. 290, s. 10; 1968, c. 9, s. 90; 1990, c. 4, s. 138; 1992, c. 61, s. 104; 1992, c. 57, s. 464.

DIVISION IV ARRANGEMENT WITH CREDITORS

11. In this Division, “company” means any railway company incorporated under an Act of the Legislature of Québec; “unsecured creditor” means any creditor of a company who is not a secured creditor whether resident or domiciled within or without Québec; and “secured creditor” means a holder of a mortgage, hypothec or charge on or against, or any assignment, cession or transfer of, all or any property of a company as security for indebtedness of the company, or a holder of any bond, debenture, debenture stock or other titles of indebtedness of a company secured by a mortgage, hypothec or charge on or against, or an assignment, cession or transfer of, or a trust in respect of, all or any property of the company, whether any such holder or beneficiary be resident or domiciled within or without Québec; and a trustee under any trust deed or other instrument securing any such bonds, debentures, debenture stock or other titles of indebtedness shall be deemed to be a secured creditor for all purposes of this Division except voting at creditors’ meetings in respect of any such bonds, debentures, debenture stock or other titles of indebtedness.

R. S. 1964, c. 290, s. 11; 1968, c. 9, s. 90; 1992, c. 57, s. 465.

12. Where a compromise or arrangement is proposed between a company and its unsecured creditors or any class of them, a judge of the Superior Court of the district in which the company has its head office or chief place of business may, on application in a summary way of the company or of any such creditor, order a meeting of such creditors or class of creditors and, if the judge so determines, of the shareholders of such company, to be summoned in such manner as the judge directs.

R. S. 1964, c. 290, s. 12.

13. Where a compromise or arrangement is proposed between a company and its secured creditors or any class of them, a judge of the Superior Court of the district in which the company has its head office or chief place of business may, on application in a summary way of the company or of any such creditor, order a meeting of such creditors or class of creditors and, if the judge so determines, of the shareholders of such company, to be summoned in such manner as the judge directs.

R. S. 1964, c. 290, s. 13.

14. If at least one-half in value of the creditors or class of creditors, as the case may be, are present in person or represented by proxy at the meeting or meetings thereof respectively held pursuant to sections 12 and 13 of this Division, or either of such sections, and if at least three-fourths in value of the creditors or class of creditors, as the case may be, so present or represented at such meeting or meetings, agree to any compromise or arrangement either as proposed or as altered or modified at such meeting or meetings, such compromise or arrangement may be sanctioned by a judge as aforesaid. If so sanctioned, a certified copy of the judgment or order giving such sanction shall be forwarded to the Inspector General of Financial Institutions, and notice of the sanction shall be published by him in the Gazette officielle du Québec. From and after the date of such publication, the compromise or arrangement as so sanctioned shall be binding on all the creditors or the class of creditors, as the case may be, and on any trustee for any such class of creditors, whether secured or unsecured as the case may be, and shall also be binding on the company.

R. S. 1964, c. 290, s. 14; 1966-67, c. 72, s. 23; 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 109.

15. If an alteration or modification of any compromise or arrangement is proposed at any time after the judge has directed a meeting or meetings to be summoned, such meeting or meetings may be adjourned on such terms as to notice and otherwise as the judge may direct, and such directions may be given as well after as before adjournment of any meeting or meetings, and the judge may in his discretion direct that it shall not be necessary to adjourn any meeting or to convene any further meeting of any class of creditors or shareholders which in the opinion of the judge is not adversely affected by the alteration or modification proposed, and a compromise or arrangement so altered or modified may be sanctioned by the judge and have effect under section 14 of this Division.

R. S. 1964, c. 290, s. 15.

16. The provisions of this Division shall be in extension and not in limitation of the provisions of any trust deed or other instrument now or hereafter existing governing the rights of creditors or of any class of them and shall have full force and effect notwithstanding anything to the contrary contained in any such trust deed or other instrument.

R. S. 1964, c. 290, s. 16.

DIVISION V GENERAL MEETINGS OF SHAREHOLDERS

17. The shareholders may assemble at general meetings for purposes connected with or belonging to the undertaking, and, at any annual general meeting, may elect directors in the manner provided by sections 18 to 31.

After thirty days following the annual general meeting of the shareholders for the election of directors of the different companies, which shall be held on the day fixed by the charter of each company, the board of directors and the secretary shall call a general meeting of the shareholders, whenever required so to do, by a requisition in writing signed by one or more shareholders, holding at least one-half of the subscribed capital stock of the company, for the transaction of such business as may be set forth in the said requisition, which business shall be mentioned in the notice calling the meeting.

R. S. 1964, c. 290, s. 17.

DIVISION VI PRESIDENT AND DIRECTORS

18. (1)  A board of directors charged with the management of the business of the company, the number whereof shall be determined in the charter or in the by-laws, shall be chosen annually by a majority of the shareholders, voting at such election, at a general meeting, the time and place for which shall be appointed by the charter; and if such election be not held on the day appointed, the directors shall cause such election to be held as soon as possible after the day appointed.

(2)  No person shall be admitted to vote at such subsequent meeting who would not have been entitled to vote had the election been held on the day when it ought to have been held.

(3)  The company shall always have power, by by-law, to increase the number of its directors to a maximum of fifteen, or reduce it to a minimum of three, but no by-law to that effect shall be valid, nor can it be put into execution, until it has been approved by the vote of shareholders representing at least two-thirds in value of the capital, at a general or special meeting called for that purpose.

(4)  Vacancies in the board of directors shall be filed in the manner prescribed by the by-laws.

(5)  No person shall be a director unless he is a stockholder, owning stock absolutely in his own right, and qualified to vote for directors at the election at which he is chosen.

(6)  The manner of calling general meetings, and the time and place of the first meeting of stockholders for the appointment of directors, shall be determined and settled in the charter; nevertheless, if the number of shareholders do not exceed fifty, and if they all reside in Canada, such meeting may, in addition to the manner determined by the charter, also be called by a registered or certified letter, postage paid, and deposited in the post-office at least fifteen days before the day of the meeting.

(7)  All notices of meetings of the company shall be published weekly in the Gazette officielle du Québec , which shall be conclusive evidence of the sufficiency of such notice.

(8)  The number of votes to which each shareholder shall be entitled, shall be in proportion to the number of shares held by him, unless otherwise provided by the charter.

R. S. 1964, c. 290, s. 18; 1975, c. 83, s. 84.

19. All shareholders, whether resident in Québec or elsewhere, may vote by proxy, if they see fit; provided that such proxy shall produce, from his constituent, an appointment in writing in the words or to the effect following:

“I, , of , one of the shareholders of the railway company, do hereby appoint , of , to be my proxy, and authorize him, in my absence, to vote or give my assent to any business, matter or thing relating to the said undertaking, that may be mentioned or proposed at any meeting of the shareholders of the said company, or any of them, in such manner as he the said thinks proper.

In witness whereof, I have hereunto set my hand, at , the day of 19 ”.

R. S. 1964, c. 290, s. 19.

20. Votes by proxy shall be as valid as if the principals had voted in person; and every matter or thing proposed or considered in any public meeting of the shareholders shall be determined by the majority of votes and proxies then present and given; and all decisions and acts of any such majority shall bind the company, and be deemed the decisions and acts of the company.

R. S. 1964, c. 290, s. 20.

21. (1)  The directors appointed at the last election, or those appointed in their stead, in case of vacancy, shall remain in office until the next ensuing election of directors.

(2)  In case of the death, absence or resignation of any of the directors, others may be appointed in their stead by the other directors; but, if such appointment be not made, such death, absence or resignation shall not invalidate the acts of the remaining directors.

(3)  The directors shall, at their first meeting or at some other meeting after the election, elect one of their number as president of the company, who shall always, when present, preside at all meetings of the directors, and shall hold his office until he ceases to be a director, or until another president has been elected in his stead; and they may, in like manner, elect a vice-president, who shall preside in the absence of the president.

(4)  The majority of the directors shall form a quorum for any meeting, and at such meeting the directors may use and exercise all and any of the powers vested in them.

(5)  The acts of a majority of a quorum of the directors, present at any meeting regularly held, shall be deemed the act of the directors.

R. S. 1964, c. 290, s. 21.

22. No director shall have more than one vote at any meeting, except the chairman, who shall, in case of a tie, have the casting vote.

R. S. 1964, c. 290, s. 22.

23. The directors shall be subject to the supervision and control of the shareholders at their annual meetings, and to all by-laws of the company, and to the orders and directions given at the annual or special meetings, such orders and directions not being contrary to any express directions or provisions of this act or of the charter.

R. S. 1964, c. 290, s. 23.

24. No person holding any office, place or employment in or being concerned or interested in any contract under or with the company shall be capable of being chosen a director, or of holding the office of director, nor shall any director of the company enter into, or be directly or indirectly, for his own use and benefit, interested in any contract with the company, not relating to the purchase of land necessary for the railway, or be or become a partner of any person who enters into any contract with the company.

R. S. 1964, c. 290, s. 24.

25. The directors shall make by-laws, not inconsistent with the law, for the management and disposal of the capital, property, business and affairs of the company, and to provide for the appointment, and to prescribe the duties of all officers, servants and workmen.

R. S. 1964, c. 290, s. 25.

26. The directors shall appoint such officers as they deem requisite, and shall exact such security as they may deem advisable from the manager or officers responsible for the moneys raised under this act and the charter, for the faithful performance of their duties. Such security shall be by bonds to a sufficient amount or by the guarantee of The Guarantee Company of North America or of any company incorporated for the like purposes, or otherwise, as the directors may deem expedient.

R. S. 1964, c. 290, s. 26.

27. (1)  In case of the absence or illness of the president, the vice-president shall have the rights and powers of the president, and may sign all notes, bills, debentures and other instruments, and perform all acts which, by the regulations and by-laws of the company, or by its charter, must be signed, performed and done by the president.

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

(3)  A certificate thereof, signed by the secretary, shall be delivered to any person requiring the same, on payment to the treasurer of $1, and such certificate shall be evidence of such absence or illness, at and during the period in the said certificate mentioned.

R. S. 1964, c. 290, s. 27.

28. The directors shall cause to be kept, and, annually, on the thirty-first day of December, to be made up and balanced, a true, exact and particular account of the moneys collected and received by the company or the directors or managers thereof or otherwise, for the use of the company, and of the charges and expenses attending the erecting, making, supporting, maintaining and carrying on of the undertaking, and of all other receipts and expenditure of the company or the directors.

R. S. 1964, c. 290, s. 28.

29. Whenever, by the terms of any charter incorporating any railway company, it is required that a certain proportion of the stock of such company shall have been subscribed, before the calling of a meeting of shareholders for the purpose of electing directors, it shall be sufficient that such proportion of stock shall have been subscribed before such election takes place, even though it was not subscribed when such meeting was called, and every election already had under any such charter shall be valid, provided that before it took place, such proportion of stock had been subscribed.

R. S. 1964, c. 290, s. 29.

30. No mayor, warden, or other chief officer, or other person representing any municipality, having or taking stock in any railway company, shall, directly or indirectly, vote on the election or appointment of the directors of any incorporated railway company.

R. S. 1964, c. 290, s. 30.

31. (1)  There shall be paid on every share subscribed for in any railway company, incorporated by act of the Legislature, an amount of at least ten per cent, within six months after the subscription for each such share.

(2)  No owner or holder of shares in any railway company, incorporated by act of the Legislature, shall, in any case, vote, by reason of any of his shares, unless he has paid upon such share an amount of at least ten per cent.

(3)  The provisions of this section shall not apply to subscriptions for stock in railway companies by municipalities.

R. S. 1964, c. 290, s. 31.

DIVISION VII CALLS

32. (1)  The directors may, as they deem necessary, make calls upon the shareholders in respect of the amount of capital subscribed or owing by them, and at least thirty days’ notice shall be given of each call.

No call shall exceed the prescribed amount determined in the charter, or be made less than two months after the previous call, nor shall a greater amount be called in, in any one year, than the amount prescribed in the charter.

(2)  All notices of calls upon the shareholders shall be published weekly in the Gazette officielle du Québec, which publication shall be conclusive evidence of the sufficiency of such notice.

R. S. 1964, c. 290, s. 32.

33. (1)  Every shareholder shall be liable to pay the call so made in respect of the shares held by him, to the persons, and at the times and places, appointed by the company or the directors.

(2)  If, before the day appointed for payment, any shareholder do not pay the amount of the call, he shall be liable to pay interest thereon, from the day appointed for the payment thereof to the time of the actual payment.

R. S. 1964, c. 290, s. 33.

34. If, at the time appointed for the payment of any calls, any shareholder fails to pay the amount of the call, he may be sued for the same in any court of competent jurisdiction, and be condemned to pay the same with interest from the day on which the call became payable.

R. S. 1964, c. 290, s. 34.

35. In any action or suit to recover any money due upon any call, it shall not be necessary to set forth the special matter, but it shall be sufficient to declare that the defendant is the holder of one or more shares, stating the number of shares, and is indebted in the sum of money to which the calls in arrear amount, in respect of one or more calls upon one or more shares, stating the number and amount of each of such calls, whereby an action has accrued to the company under the charter.

R. S. 1964, c. 290, s. 35.

36. (1)  The certificate of ownership of any share shall be admitted in all courts, as prima facie evidence of the title of any shareholder, his executors, administrators, successors or assigns, to the share therein specified.

(2)  The want of such certificate shall not prevent the holder of any share from disposing thereof.

R. S. 1964, c. 290, s. 36.

37. (1)  Any person, neglecting or refusing to pay a rateable share of the calls, for two months after the time appointed for the payment thereof, shall forfeit his shares in the company, and all the profit and benefit arising therefrom, which forfeiture shall go to the company for the benefit thereof.

(2)  No advantage shall be taken of the forfeiture, unless the same is declared at a general meeting of the company, assembled at any time after such forfeiture has been incurred.

(3)  Every such forfeiture shall relieve every shareholder so forfeiting, from all actions, suits or prosecutions whatever, commenced or prosecuted for any breach of contract or other agreement between such shareholder and the other shareholders, with regard to carrying on the undertaking.

R. S. 1964, c. 290, s. 37.

38. (1)  The directors may sell, by public auction or private sale, and in such manner and on such terms as they may think fit, any shares so declared to be forfeited, and also any share remaining unsubscribed for in the capital stock of the company, or pledged such forfeited or unsubscribed shares for the payment of loans or advances made or to be made thereon, or of any sums of money borrowed by or advanced to the company.

(2)  A certificate of the treasurer of the company that the forfeiture of the shares was declared shall be sufficient evidence of the fact, and of their purchase by the purchaser; and such certificate, with the receipt of the treasurer for the price of such shares, shall constitute a good title to the shares.

(3)  The certificate shall be registered by the said treasurer in the name and with the place of abode and occupation of the purchaser, and shall be entered in the books required to be kept by the by-laws of the company; and such purchaser shall thereupon be deemed the holder of such shares, and shall not be bound to see to the application, of the purchase money, nor shall his title to such shares be affected by any irregularity in the proceeding in reference to such sale.

(4)  Any shareholder may purchase any shares so sold.

R. S. 1964, c. 290, s. 38.

39. Shareholders, willing to advance the amount of their shares, or any part of the money due thereon, beyond the sums actually called for, may pay the same.

Upon the principal moneys so paid in advance, or so much thereof as exceeds the amount of the calls then made upon the shares in respect to which such advance is made, the company may pay such interest, at the legal rate of interest for the time being, as the shareholders paying such sum in advance and the company agree upon; but such interest shall not be paid out of the capital subscribed.

R. S. 1964, c. 290, s. 39.

DIVISION VIII DIVIDENDS

40. (1)  At the general meetings of the shareholders of the company, a dividend shall be declared out of the clear profits of the undertaking, unless the meeting declares otherwise.

(2)  Such dividend shall be at the rate of so much per share upon the several shares held by the shareholders in the stock of the company, as such meeting may think fit to appoint or determine.

(3)  No dividend shall be declared whereby the capital of the company is in any degree reduced or impaired, or shall be paid out of such capital.

No dividend shall be paid in respect of any share, after a day appointed for payment of any call for money in respect thereof, until such call has been paid.

(4)  The directors may, in their discretion, until the railroad is completed and open to the public, pay interest at the legal rate per annum, on all sums called up in respect of the shares, from the respective days on which the same have been paid; such interest to accrue and be paid at such times and places as the directors appoint for that purpose.

(5)  No interest shall accrue upon any share as to which any call is in arrears in respect of such shares, or upon any other share held by the same shareholder while such call remains unpaid.

R. S. 1964, c. 290, s. 40.

DIVISION IX SHARES AND THEIR TRANSFER

41. Shares in the company may be sold and disposed of by the shareholders by instrument in writing, made in duplicate, one part of which shall be delivered to the directors, to be filed and kept for the use of the company, and an entry thereof shall be made in a book to be kept for that purpose; but no interest or dividend on the shares transferred shall be paid to the purchaser until such duplicate is so delivered, filed and entered.

R. S. 1964, c. 290, s. 41.

42. Sales shall be in the form following:

“I, A. B., in consideration of the sum of , paid to me by C. D., do hereby sell and transfer to him share (or shares) of the stock of the , to be held by him the said C. D., his heirs, executors, administrators and assigns, on the same conditions and subject to the same rules and orders, under which I held the same immediately before the execution hereof. And I, the said C. D., do hereby agree to accept the said share (or shares), subject to the same rules, orders and conditions.

Witness our hands, this day of 19 .”

R. S. 1964, c. 290, s. 42.

43. The stock of the company shall be deemed moveable property; but no shares shall be transferable until all previous calls thereon have been fully paid, or until the said shares have been declared forfeited for the non-payment of calls thereon, and no transfer of less than a whole share shall be valid.

R. S. 1964, c. 290, s. 43.

44. If any shares be transmitted by the death, bankruptcy, gift, will, or intestacy of any shareholder, or by any lawful means other than the transfer hereinbefore mentioned, the person to whom such share is transmitted shall deposit, in the office of the company, a statement signed by him, declaring the manner of such transmission, together with a duly certified copy or probate of such gift or will, or sufficient extracts therefrom, and such other documents or proof as may be necessary.

Without such proof, such person shall not be entitled to receive any share of the profits of the company, or to vote in respect of any such share as the holder thereof.

R. S. 1964, c. 290, s. 44.

45. The company shall not be bound to see to the execution of any trust, whether express or implied, to which any of the shares may be subject.

The receipt of the person in whose name any share stands in the books of the company, or, if it stand in the name of more persons than one, the receipt of one of the persons named in the register of shareholders, shall be a sufficient discharge to the company for any dividend or other sum of money payable in respect of the share, notwithstanding any trust to which the share may then be subject, and whether or not the company has had notice of trusts.

The company shall not be bound to see to the application of the money paid upon such receipts.

R. S. 1964, c. 290, s. 45.

46. The funds of the company shall not be employed in the purchase of any stock in their own or in any other company.

R. S. 1964, c. 290, s. 46.

DIVISION X LIABILITY OF SHAREHOLDERS

47. (1)  Each shareholder shall be individually liable to the creditors of the company, to an amount equal to the amount unpaid on the stock held by him, for the debts and liabilities thereof, and until the whole amount of his stock has been paid up; but shall not be liable to an action therefor before an execution against the company has been returned unsatisfied, wholly or in part.

(2)  Municipal corporations, being duly empowered so to do by the laws of Québec, and subject to the limitations and restrictions by such laws prescribed, may subscribe for any number of shares in the capital stock of the company.

The mayor, warden or other head of any such corporation holding stock to the amount of $20 000 or upwards, shall be ex officio one of the directors of the company, in addition to the number of directors authorized by the charter.

When, in a parish comprising a parish municipality and a village municipality, the councils of both municipalities shall have agreed as to the subscription for shares in a railway company, which shall give the right to representation on the board of directors of such company, the mayor of each such two municipalities shall, alternately, be a director ex officio, in such company, each for one year, commencing and changing on 1 January of each year, beginning with the mayor of the parish municipality; provided that the amount of stock or shares thus owned by each of the two municipalities be at least $10 000.

(3)  Any such director shall have the same rights as directors representing municipalities which have subscribed for $20 000 of stock.

(4)  A true and complete statement of the names and residences of the shareholders shall be prepared and entered in a book to be kept for that purpose.

R. S. 1964, c. 290, s. 47.

DIVISION XI BY-LAWS AND NOTICES

48. (1)  All by-laws, rules and orders regularly made, shall be reduced to writing and signed by the president or by the chairman of the meeting at which they are adopted, and shall be kept in the office of the company.

A printed copy of so much of them as relates to or affects any party other than the members or servants of the company, shall be posted up in every place where tolls are to be paid, and a printed copy of so much of them as relates to the safety and liability of passengers, shall be posted up in each passenger car, and, in like manner, so often as any change is made to the same.

Any copy of such by-laws, rules and orders certified as correct by the president or secretary, shall be evidence thereof in any court.

(2)  (Subsection repealed).

(3)  Copies of the minutes of proceedings and resolutions of the shareholders of the company, at any general or special meeting, and of the minutes of proceedings and resolutions of the directors at their meetings, extracted from the minute-book kept by the secretary of the company, and certified by him to be true copies extracted from such minute-book, shall be evidence of such proceedings and resolutions in any court.

(4)  All notices given by the secretary of the company, by order of the directors, shall be deemed notices by the directors and company.

R. S. 1964, c. 290, s. 48; 1988, c. 57, s. 86.

49. (Repealed).

R. S. 1964, c. 290, s. 49; 1972, c. 55, s. 105; 1988, c. 57, s. 86.

50. The company may repeal or amend such by-laws and make others, provided that no such by-law be repugnant to the provisions of this act or of the charter, or of any act amending the same.

R. S. 1964, c. 290, s. 50.

51. Every such by-law shall be reduced to writing, and shall have affixed thereto the seal of the company.

R. S. 1964, c. 290, s. 51.

52. (Repealed).

R. S. 1964, c. 290, s. 52; 1988, c. 57, s. 86.

53. (Repealed).

R. S. 1964, c. 290, s. 53; 1988, c. 57, s. 86.

54. No such by-law shall have force or effect unless and until it has been approved by the Government.

R. S. 1964, c. 290, s. 54.

55. (Repealed).

R. S. 1964, c. 290, s. 55; 1988, c. 57, s. 86.

56. (Repealed).

R. S. 1964, c. 290, s. 56; 1988, c. 57, s. 86.

57. (Repealed).

R. S. 1964, c. 290, s. 57; 1988, c. 57, s. 86.

58. (Repealed).

R. S. 1964, c. 290, s. 58; 1969, c. 65, s. 35; 1972, c. 55, s. 106, s. 173; 1977, c. 5, s. 14; 1988, c. 57, s. 86.

59. (Repealed).

R. S. 1964, c. 290, s. 59; 1988, c. 57, s. 86.

DIVISION XII GENERAL PROVISIONS

60. No such company shall cause any obstruction in or impede the free navigation of any river, stream or canal to or across or along which its railway is carried.

R. S. 1964, c. 290, s. 60.

61. If the railway is carried across any navigable river or canal, the company shall leave openings between the abutments or piers of its bridge or viaduct, and shall make the same of such clear height above the surface of the water, or shall construct a drawbridge or swing-bridge over the channel of the river, or over the whole width of the canal, and shall be subject to such regulations as to the opening of such drawbridge or swing-bridge as the Government may make.

R. S. 1964, c. 290, s. 61.

62. (Repealed).

R. S. 1964, c. 290, s. 62; 1969, c. 65, s. 35; 1972, c. 55, s. 173; 1977, c. 5, s. 14; 1988, c. 57, s. 86.

63. Nothing contained in sections 60, 61 or 62, shall limit or affect any power expressly given to any railway company by its charter or any act amending the same.

R. S. 1964, c. 290, s. 63.

64. (Repealed).

R. S. 1964, c. 290, s. 64; 1988, c. 57, s. 86.

65. (Repealed).

R. S. 1964, c. 290, s. 65; 1972, c. 55, s. 107; 1988, c. 57, s. 86.

66. (Repealed).

R. S. 1964, c. 290, s. 66; 1988, c. 57, s. 86.

67. (Repealed).

R. S. 1964, c. 290, s. 67; 1988, c. 57, s. 86.

68. (Repealed).

R. S. 1964, c. 290, s. 68; 1988, c. 57, s. 86.

69. (Repealed).

R. S. 1964, c. 290, s. 69; 1977, c. 60, s. 41; 1988, c. 57, s. 86.

70. (Repealed).

R. S. 1964, c. 290, s. 70; 1988, c. 57, s. 86.

71. (Repealed).

R. S. 1964, c. 290, s. 71; 1969, c. 65, s. 35; 1972, c. 55, s. 173; 1977, c. 5, s. 14; 1988, c. 57, s. 86.

72. (Repealed).

R. S. 1964, c. 290, s. 72; 1977, c. 60, s. 42; 1988, c. 57, s. 86.

73. (Repealed).

R. S. 1964, c. 290, s. 73; 1988, c. 57, s. 86.

74. (Repealed).

R. S. 1964, c. 290, s. 74; 1988, c. 57, s. 86.

75. (Repealed).

R. S. 1964, c. 290, s. 75; 1988, c. 57, s. 86.

76. (Repealed).

R. S. 1964, c. 290, s. 76; 1988, c. 57, s. 86.

77. (Repealed).

R. S. 1964, c. 290, s. 77; 1988, c. 57, s. 86.

78. The interest of the purchase money or rent of any immoveable property acquired or leased by any railway company, and necessary for the efficient working of such railway, and the price or purchase money of any immoveable property or thing, without which the railway could not be efficiently worked, shall be considered to be part of the expenses of working such railway, and shall be paid, as such, out of the earnings of the railway.

R. S. 1964, c. 290, s. 78.

DIVISION XIII PLANS AND SURVEYS

79. Surveys and levels shall be taken and made of the lands through which the railway is to pass, together with a map or plan thereof, and of its course and direction, and of the lands intended to be passed over and taken therefor, so far as then ascertained; and also a book of reference for the railway, in which shall be set forth:

(1)  A general description of the said lands;

(2)  The names of the owners and occupants thereof, so far as they can be ascertained;

(3)  Everything necessary for the right understanding of such map or plan.

R. S. 1964, c. 290, s. 79.

80. (1)  The map or plan and book of reference shall be examined and certified by the Minister of Transport, or by the deputy minister.

(2)  A duplicate thereof so examined and certified shall be deposited in the office of the Ministère des Transports.

(3)  The company shall furnish copies of such map or plan and book of reference, or of such parts thereof as relate to each county or registration division through which the railway is to pass, to be deposited in the registry offices for such counties or registration divisions respectively.

(4)  Any person may have access to such copies, and may make extracts therefrom or copies thereof, as occasion requires, paying to the registrars at the rate of $0.10 for every 100 words.

R. S. 1964, c. 290, s. 80; 1973, c. 27, s. 20; 1977, c. 5, s. 14; 1983, c. 40, s. 68.

81. Such map or plan and book of reference, so certified, or a true copy thereof, certified by the Minister of Transport or by the registrars, shall be sufficient evidence in any court of law and elsewhere.

R. S. 1964, c. 290, s. 81; 1973, c. 27, s. 20; 1983, c. 40, s. 68.

82. (1)  Any omission, mis statement or erroneous description of such lands, or of the proprietors or occupants thereof, in any map or plan or book of reference, may be corrected by any judge of the Superior Court, on application made to him for that purpose, after ten days’ notice has been given to the proprietors of such lands.

(2)  If it appear to the judge that such omission, mis statement or erroneous description, arose from mistake, he shall certify the same accordingly.

(3)  The certificate shall state the particulars of any such omission, mis statement or erroneous description, and the manner thereof.

(4)  Such certificate shall be deposited with the registrars of the registration divisions in which such lands are situated, and be kept by them, along with the other documents to which they relate, and, thereupon, such map or plan or book of reference shall be deemed to be corrected according to such certificate.

(5)  The company may build the railway in accordance with the certificate.

R. S. 1964, c. 290, s. 82.

83. If any alterations from the original plan or survey be intended to be made in the line or course of the railway, a plan and profile of such alterations as have been approved of by the Legislature, on the same scale and containing the same particulars as the original plan or survey, shall be deposited in the same manner as the original plan, and copies of or extracts from such plan and profile, so far as they relate to the several counties or registration divisions in or through which such alterations have been authorized to be made, shall be deposited with the registrar of such counties or registration divisions.

R. S. 1964, c. 290, s. 83.

84. Until such original map or plan or book of reference, or the plans and profiles of the alterations, have been so deposited, the construction of the railway, or of the part thereof affected by the alterations, as the case may be, shall not be proceeded with.

R. S. 1964, c. 290, s. 84.

85. (1)  The registrars shall receive and retain the copies of the original plans and surveys, and copies of the plans and profiles of the alterations, as well as copies and extracts thereof respectively.

They shall permit all persons interested to inspect any of such documents, and to make copies and extracts of and from the same, under a penalty of $4 for each refusal.

(2)  The copies of the maps, plans and books of reference, or of any alteration or correction thereof, or extracts therefrom, certified by the registrar, shall be received in all courts of justice, or elsewhere, as proof of the contents thereof.

(3)  The registrar shall give such a certificate to any party interested, upon application therefor.

R. S. 1964, c. 290, s. 85.

86. No deviation of more than one thousand six hundred metres from the line of the railway or from the places assigned thereto in the said map or plan and book of reference, or plans or profiles, shall be made into, through, across, under or over any part of the lands not shown in such map or plan and book of reference, or plans or profiles, or within one thousand six hundred metres of the said line and place, except as provided for by the charter.

R. S. 1964, c. 290, s. 86; 1977, c. 60, s. 43.

87. Although the name of any person has not been entered in the book of reference through error or any other cause, or though some other person in erroneously mentioned as the proprietor of, or entitled to convey, or as interested in, such lands, the railway may be carried across or upon the lands of such person on the line, or within the above mentioned distance from such line.

R. S. 1964, c. 290, s. 87.

88. (1)  A map and profile of the completed railway and of the land taken or obtained for the use thereof, shall, within six months after completion of the undertaking, be made and filed in the Ministère des Transports.

(2)  Similar maps of the parts thereof located in different counties, shall be filed in the registry offices for the counties or registration divisions in which such parts are situated.

(3)  Any company failing or neglecting to furnish such map within the prescribed period, shall be liable to a fine of $200, and an additional fine of $200 for each month such failure or neglect continues.

(4)  Every such map shall be drawn on such scale and on such paper, as may be designated for that purpose by the Minister of Transport, and shall be certified and signed by the president or engineer of the company.

R. S. 1964, c. 290, s. 88; 1973, c. 27, s. 20; 1977, c. 5, s. 14; 1983, c. 40, s. 68; 1990, c. 4, s. 143.

DIVISION XIV LANDS AND THEIR VALUATION

89. (1)  The lands which may be taken without the consent of the owner, shall not exceed thirty metres in breadth, except in places where the railway is raised more than one hundred and fifty-two centimetres higher, or cut more than one hundred and fifty-two centimetres deeper, than the surface of the line, or where a double track is established, or where stations, depots or other constructions are erected, or goods delivered, and then not more than two hundred and twenty-eight metres in length by one hundred and thirty-seven metres in breadth, without the consent of the person authorized to convey such lands.

(2)  The places at which such extra breadth is taken, shall be shown on the map or plan, or plan and profiles, in so far as the same may be then ascertained, but their not being so shown upon the plans shall not prevent such extra breadth from being taken, provided it be taken upon the line shown or within the above-mentioned distance from such line.

R. S. 1964, c. 290, s. 89; 1977, c. 60, s. 44.

90. The extent of the public beach, or of the land covered by the waters of any river or lake in Québec, taken for the railway, shall not exceed the quantity specified in section 89.

R. S. 1964, c. 290, s. 90.

91. (1)  All corporations and persons, usufructuaries, institutes, tutors, curators, executors, administrators and all other representatives, not only for and on behalf of themselves, their heirs and successors, but also for and on behalf of those whom they represent, whether infants, issue unborn or persons of full age under tutorship or curatorship or other persons, seized, possessed of, or interested in any lands, may sell and convey to the company all or any part thereof.

(2)  In all cases, however, in which the parties above mentioned have no legal right to sell and convey the ownership of the said lands, they shall, after having given due notice to the parties interested obtain, from a judge of the Superior Court, permission to sell and convey such lands.

(3)  The judge shall give the necessary orders for the investment of the price thereof, in such manner as he shall deem expedient, and in accordance with the laws of Québec, to protect the rights of the owner of such lands.

R. S. 1964, c. 290, s. 91 (part); 1989, c. 54, s. 160.

92. The powers conferred by section 91 upon ecclesiastical and other corporations; trustees of lands for church or school purposes, or for either; executors appointed by wills, by which they are not invested with any power over the immoveables of the testator; administrators of persons dying intestate, but at their death seized of immoveables, shall only extend and be exercised with respect to any of such lands actually required for the use and occupation of any railway company.

R. S. 1964, c. 290, s. 92.

93. Any contract, agreement, sale, conveyance and warranty so made, under sections 91 and 92, shall be valid and effectual to all intents and purposes, and shall vest in the company, benefiting by the same, the full ownership of the lands in such deed described, freed and discharged from all trusts, restrictions and limitations whatsoever; and the corporation or person so entering into such contract, agreement, sale, conveyance or warranty, is hereby justified for what it or he does by virtue and in pursuance of such conveyance.

R. S. 1964, c. 290, s. 93.

94. The company shall not be responsible for the disposal of any purchase money for lands taken by them for their purposes, if paid to the owner of the land or into court for his benefit, as hereinafter provided.

R. S. 1964, c. 290, s. 94.

95. Any contract or agreement made by any person authorized by this Act to convey lands, and made before the deposit of the map or plan and book of reference, and before the setting out and ascertaining of the lands required for the railway, shall be binding at the price agreed upon for such lands, if they are afterwards so set out and ascertained within one year from the date of the contract or agreement, and although such land may, in the meantime, have become the property of a third person; and possession of the land may be taken by the company and the agreement and price may be dealt with, as if such price had been fixed by an award of the Expropriation Division of the Court of Québec upon expropriation proceedings, and the agreement shall be in the place of such an award.

R. S. 1964, c. 290, s. 95; 1973, c. 38, s. 119; 1986, c. 61, s. 66; 1988, c. 21, s. 66.

96. All corporations or persons, who cannot, in ordinary course of law, sell or alienate any lands so set out and ascertained, shall agree upon a fixed annual rent as an equivalent, and not upon a principal sum, to be paid for the lands.

If the amount of the rent be not fixed by voluntary agreement or compromise, expropriation proceedings shall be instituted.

R. S. 1964, c. 290, s. 96.

97. For the payment of the said annual rent, and every other annual rent agreed upon or ascertained, and to be paid for the purchase money of any land, or for any portion of the purchase money of any land which the vendor agrees to leave in the hands of the company, the railway and the tolls thereon shall be liable and chargeable, in preference to all other claims and demands thereon whatsoever, provided the deed creating such charge and mortgage be duly registered in the registry office of the proper county or registration division.

R. S. 1964, c. 290, s. 97.

98. Whenever two or more persons are owners of any land as joint owners, or owners in common, or by undivided shares, any contract or agreement made in good faith with one or more of them, being owner or owners of one-third or more of such land, as to the amount of compensation for the same or for any damages thereto, shall be binding upon the remaining owner or owners, as joint owner or owners in common and by undivided shares.

The owners, who have so agreed, may deliver possession of such land, or empower the company to enter upon the same, as the case may be.

R. S. 1964, c. 290, s. 98.

99. One month after the deposit of the map or plan and book of reference, and after notice thereof in at least one newspaper, if any there be, published in each of the counties through which the railway is intended to pass, application may be made by the company to the owners of lands or to persons empowered to sell lands, or interested in lands, which may suffer damage from the taking of material, or the exercise of any of the powers granted to the railway company, and thereupon agreements and contracts may be made with such persons, touching the said lands or the compensation to be paid for the same, or the damages, or as to the mode in which such compensation shall be ascertained, as may seem expedient to both parties.

In case of disagreement between them, or any of them, all questions which arise between them shall be settled by expropriation proceedings.

R. S. 1964, c. 290, s. 99.

100. The deposit of a map or plan and book of reference, and the notice of such deposit, shall be deemed a general notice to all parties, of the lands which will be required for the railway and works.

R. S. 1964, c. 290, s. 100.

101. Upon payment or legal tender of the compensation or annual rent so agreed upon, to the party entitled to receive the same, or upon the deposit in court of the amount of such compensation in the manner hereinafter mentioned, the agreement shall vest in the company the power forthwith to take possession of the lands, or to exercise the right, or to do the thing for which such compensation or annual rent has been agreed upon.

R. S. 1964, c. 290, s. 101.

102. If any resistance or opposition be made by any person to such taking of possession, the judge may, on proof to his satisfaction of such agreement, issue his warrant to the sheriff of the district, or to a bailiff, as he may deem most suitable, to put the company in possession, and to put down such resistance or opposition, which the sheriff or bailiff, taking with him sufficient assistance, shall accordingly do.

R. S. 1964, c. 290, s. 102.

103. If the company has reason to fear any claims, hypothecs or charges, or if any person to whom the compensation or annual rent, or any part thereof, is payable, refuses to execute the proper guarantee, or if the party entitled to claim the same cannot be found, or be unknown to the company, or if, for any other reason, the company deems it advisable, it may pay such compensation into the hands of the prothonotary of the Superior Court for the district in which the lands are situated, with the interest thereon for six months, and may deliver to the prothonotary an authentic copy of the conveyance.

R. S. 1964, c. 290, s. 103.

104. Whenever any stone, gravel, earth, sand or water is required for the construction or maintenance of any railway, or any part thereof, the company may, in case it cannot agree with the owner of the lands on which the same are situated, for the purchase thereof, institute expropriation proceedings.

R. S. 1964, c. 290, s. 110.

105. All the provisions of this act, as to expropriation, deeds of sale, the payment of money into court, the right to sell, and the right to convey, and the persons from whom lands may be taken, or who may sell shall apply to the subject-matter of section 104, and to the obtaining of materials as aforesaid.

R. S. 1964, c. 290, s. 111.

106. Such proceedings may be had by the company, either for the right to the full ownership of such land or for the right to take materials for any time they shall think necessary.

R. S. 1964, c. 290, s. 112.

107. The notice of expropriation, in case expropriation is resorted to, shall state the nature of the right and powers required by the company.

R. S. 1964, c. 290, s. 113.

108. Whenever any gravel, stone, earth, sand or water is taken at a distance from the line of the railway, the company may lay down the necessary sidings, waterpipes or conduits and tracks over or through any lands intervening between the railway and the lands on which such materials or water is found, whatever the distance may be.

R. S. 1964, c. 290, s. 114.

109. All the provisions of this act, except such as relate to the filing of plans and publication of notices, shall apply and may be used and exercised to obtain the right of way from the line of railway to the land on which such materials are situated.

R. S. 1964, c. 290, s. 115.

110. Such right of way may be acquired for a term of years or permanently, as the company may think proper.

R. S. 1964, c. 290, s. 116.

111. The powers in sections 104 to 110 contained, may, at all times, be exercised and used in all respects, after the railway is constructed, for the purpose of repairing and maintaining the railway.

R. S. 1964, c. 290, s. 117.

112. Whenever, for the purpose of procuring sufficient land for stations or gravel-pits, or for constructing, maintaining, and using the railway, any land may be taken under the provisions of this act, and by purchasing the whole of any lot or parcel of land over which the railway is to run, or of which any part may be taken under the said provisions, the company can obtain the same at a more reasonable price or to greater advantage than by purchasing the land necessary for the track alone, or only such parts as aforesaid, the company may purchase, hold, use and enjoy the whole of such lot or parcel, and also the right of way thereto, if the same be separated from its line of railway, and may sell and convey the same, or any part thereof, as it may deem expedient; but the provisions of this act shall not apply to the taking of any portion of such lot or parcel, not necessary for the purposes aforesaid.

R. S. 1964, c. 290, s. 118.

DIVISION XV HIGHWAYS, BRIDGES AND FENCES

§ 1 . — Highways and Bridges

113. (Repealed).

R. S. 1964, c. 290, s. 130; 1977, c. 60, s. 45; 1988, c. 57, s. 86.

114. (Repealed).

R. S. 1964, c. 290, s. 131; 1977, c. 60, s. 46; 1988, c. 57, s. 86.

115. (Repealed).

R. S. 1964, c. 290, s. 132; 1977, c. 60, s. 47; 1988, c. 57, s. 86.

116. (Repealed).

R. S. 1964, c. 290, s. 133; 1977, c. 60, s. 48; 1988, c. 57, s. 86.

117. (Repealed).

R. S. 1964, c. 290, s. 134; 1977, c. 60, s. 49; 1988, c. 57, s. 86.

118. (Repealed).

R. S. 1964, c. 290, s. 135; 1977, c. 60, s. 50; 1988, c. 57, s. 86.

119. (Repealed).

R. S. 1964, c. 290, s. 136; 1988, c. 57, s. 86.

120. (Repealed).

R. S. 1964, c. 290, s. 137; 1988, c. 57, s. 86.

121. (1)  The right and authority of any electric railway company to lay out or construct its railway on, upon or along any public highway, road, street or lane, shall, in addition to any further terms and conditions the municipal council may impose, be subject to the following terms and conditions:

(a)  The rails of the company shall conform to the grade of the street;

(b)  In all cases where the rails are laid upon the paved or travelled portion of the street or in any part thereof, they shall be laid, as nearly as practicable, flush with the street; shall be so laid so as to cause the least possible impediment to the ordinary traffic of the street; and shall be so kept and maintained by the railway company;

(c)  The railway company shall also, unless otherwise determined by the municipal council, at its own expense, keep clear and in proper repair the streets, between the rails, and for 45 centimetres on each side of the rails; and, in default thereof, the council may cause the same to be done at the expense of the company;

(d)  All ordinary vehicles may make use of and travel on the said tracks, provided they do not interfere with or impede the running of the cars or other conveyances of the company, and in all cases any carriage or other vehicle on the track shall immediately, by leaving the track, give place to the cars or other conveyances of the company. Any person neglecting or refusing so to do shall be liable to a fine not exceeding $10;

(e)  (Paragraph repealed);

(f)  (Paragraph repealed).

(2)  The words “travelled portion”, when used in this section as applicable to roads, streets, lanes or highways, mean the central portion thereof between the ditches on either side, ordinarily used for vehicular traffic.

The power granted under this section shall not be exercised without the prior authorization of the Minister of Transport in each case.

R. S. 1964, c. 290, s. 138; 1972, c. 55, s. 108; 1977, c. 60, s. 51; 1988, c. 57, s. 86; 1990, c. 4, s. 144.

§ 2 . —

Repealed, 1988, c. 57, s. 86.

1988, c. 57, s. 86.

122. (Repealed).

R. S. 1964, c. 290, s. 139; 1977, c. 5, s. 14; 1987, c. 23, s. 76; 1988, c. 57, s. 86.

DIVISION XVI TOLLS

123. Tolls and tariffs shall be fixed and regulated by the by-laws of the company, by resolution of the board of directors if they are thereunto authorized by the by-laws, or by the shareholders at a general meeting.

Where freight traffic is to pass over any continuous route operated by two or more companies, the railway companies over whose lines such traffic will pass may agree upon joint tolls and tariffs for such continuous route.

The tolls and tariffs shall be filed with the Commission des transports du Québec. They shall not come into force before the date of filing or, it they include an increase compared to an existing rate, before twenty days after the date of filing.

The date of filing of a toll or tariff is the date on which it is received by the Commission des transports du Québec.

Subparagraph d.1 of the first paragraph of section 32 of the Transport Act (chapter T-12) applies to the tolls and tariffs contemplated in this section.

R. S. 1964, c. 290, s. 140; 1972, c. 55, s. 109; 1977, c. 5, s. 14; 1984, c. 47, s. 23.

124. (1)  No tolls or money shall be charged or collected by a company as a common carrier except in accordance with the tolls and tariffs in force under section 123.

(2)  Such tolls may be either for the whole or for any particular portions of the railway; but all such tolls shall always, under substantially similar circumstances and conditions, be charged equally to all persons, and at the same rate, whether by mass, kilometre or otherwise, in respect of all traffic of the same description and carried in or upon a like kind of cars, passing over the same portion of the line of railway; and no reduction or advance in any such tolls shall be made, either directly or indirectly, in favour of or against any particular person or company travelling upon or using the railway.

(3)  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 such tolls are under substantially similar circumstances charged equally to all persons.

R. S. 1964, c. 290, s. 141; 1972, c. 55, s. 110; 1977, c. 60, s. 52; 1984, c. 47, s. 24.

125. No company shall, except in accordance with the provisions of this act, 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 thereof with any other railway company or common carrier, or enter into any contract, agreement, arrangement or combination to effect or which may effect any such result, without leave therefor having been obtained from the Commission des transports.

R. S. 1964, c. 290, s. 142; 1969, c. 65, s. 35; 1972, c. 55, s. 173; 1977, c. 5, s. 14.

126. Such tolls may be demanded and received for all passengers and goods carried upon the railway or on its motors, cars or carriages, or in the steam-vessels belonging to the company, and shall be paid to such persons and at such places near to the railway, in such manner and under such regulations as the by-laws direct.

R. S. 1964, c. 290, s. 143.

127. In case of refusal or failure to pay any of such tolls, on demand from such persons, the same may be sued for and recovered in any court of competent jurisdiction, or the agents or servants of the company may seize the goods for or in respect whereof such tolls ought to be paid, and detain the same until payment thereof; and in the meantime the said goods shall be at the risk of the owners thereof.

R. S. 1964, c. 290, s. 144.

128. If the tolls be not paid within six weeks, the company may sell the whole or any part of such goods, and, out of the money arising from such sale, retain the tolls payable and all charges and expenses of such detention and sale, returning the surplus, if any, of the money realized at such sale, or such of the goods as remain unsold, to the person entitled thereto.

R. S. 1964, c. 290, s. 145.

129. Any company, or any officer or agent thereof, or any person acting for or employed by such company, who by means of false billing, false classification, false report of weight, or by any other device or means, knowingly, wilfully or willingly suffers or permits any person or persons to obtain transportation for goods at less than the regular tolls then authorized and in force on the railway of the company, shall for each offence be liable to a fine of not more than $1 000.

R. S. 1964, c. 290, s. 146; 1972, c. 55, s. 111.

130. (1)  Any person, or any officer or agent of any company, who delivers goods for transportation to such company, or for whom as consignor or consignee the company transports goods, who knowingly or wilfully by false billing, false classifications, false weighing, false representations of the contents of the package, or false report of weight, or by any other device or means, whether with or without the consent or connivance of the company, its agent or agents, obtains transportation for such goods at less than the regular tolls then authorized and in force on the railway, shall for each offence be liable to a fine of not more than $1 000.

(2)  The Commission des transports may make regulations providing that any such person or company shall, in addition to the regular toll, be liable to pay to the railway company a further toll not exceeding 50 % of the regular charge.

(3)  (Subsection repealed).

(4)  (Subsection repealed).

R. S. 1964, c. 290, s. 147; 1969, c. 65, s. 35; 1972, c. 55, s. 173; 1977, c. 5, s. 14; 1986, c. 95, s. 40; 1990, c. 4, s. 146; 1992, c. 61, s. 105.

131. (1)  If any goods remain in the possession of the company, unclaimed for the space of twelve months, the company may thereafter, and on giving public notice thereof by advertisement for six weeks in one or more newspapers of the locality in which such goods are, sell such goods by public auction, at the time and place to be mentioned in such advertisement, and out of the proceeds thereof, pay such tolls and all reasonable charges for storing, advertising and selling such goods.

(2)  The balance of the proceeds, if any, shall be kept by the company for a further period of three months, to be paid over to any person entitled thereto.

R. S. 1964, c. 290, s. 148.

132. In default of such balance being claimed before the expiration of the period last aforesaid, the same shall be paid over to the Minister of Finance, to be applied to the general purposes of Québec, until claimed by the person entitled thereto.

R. S. 1964, c. 290, s. 149.

133. (1)  The fares to be taken by an electric railway company for each passenger shall not exceed $0.05 for any distance not exceeding 5 kilometres, and when the distance exceeds 5 kilometres, then not exceeding $0.02 per kilometre or portion thereof for the distance actually travelled. Children under ten years of age shall be carried for 5 kilometres for $0.03, and for any additional distance for half fare, but children in arms shall in all cases be carried free.

(2)  The fare or toll shall be due and payable by every passenger on entering the car or other conveyance, and any person refusing to pay the same when demanded by the conductor or motorman, and refusing to quit the car or other conveyance upon being requested so to do, shall be liable to a fine not exceeding $10.

R. S. 1964, c. 290, s. 150; 1977, c. 60, s. 53; 1990, c. 4, s. 147.

134. The tolls and fares to be levied by any electric railway company shall, as nearly as possible, be so fixed and regulated that, after paying working expenses, the balance of the annual receipts shall not exceed ten per cent on the total amount actually paid on the capital stock of the company; and, if in any year the gross receipts from tolls and fares and from all other sources arising from the working, operating or carrying on of the railway and works and business authorized to be worked, operated or carried on by the company by this act or in the charter, shall be such that, deducting therefrom the working expenses, there shall remain an amount exceeding ten per cent of the total amount theretofore actually paid on the capital stock of the company, then all such excess shall be placed to the credit of a special account to be called the “surplus tolls account”.

R. S. 1964, c. 290, s. 151.

135. (1)  The moneys at the credit of the surplus tolls account may be used in making good any deficiency caused by the gross receipts of the company in any subsequent year being insufficient to pay the working expenses and a dividend of ten per cent on the total amount already paid on the capital stock of the company; provided that, whenever the total amount to the credit of the surplus tolls account, including any interest accrued thereon, shall equal one-fifth of the average annual gross receipts of the company computed from the actual receipts for the then preceding five years, the company shall, by by-law, make a sufficient proportionate reduction in the tolls and fares so that the probable net earnings thereafter shall be such as to make it necessary to resort to the moneys at the credit of the surplus tolls account in order to meet any such deficiency in whole or in part, but so soon as the amount at the credit of the surplus tolls account is exhausted, the rates and tolls may be again raised.

(2)  Provided that if, during the ten years immediately succeeding the incorporation of the company, the gross receipts as aforesaid shall in any year be insufficient, after paying the working expenses, for the railway to pay a dividend of five per cent on the total amount paid up of the capital stock of the company, the company may charge against the surplus tolls account, an amount sufficient, after declaring any dividends earned during such year, to equal a dividend of five per cent per annum on the total amount actually paid on the stock of the company; and the company shall not be bound to reduce the tolls as hereinbefore provided, until the amount at the credit of the surplus tolls account shall equal an amount sufficient, less any dividend earned during the year, to pay the said dividend of five per cent in every such year, during the said period of ten years, in addition to one-fifth of the average annual gross receipts of the company computed as aforesaid.

R. S. 1964, c. 290, s. 152.

136. (1)  Any fraction of the distance over which goods or passengers are transported on the railway shall in every case be considered as a whole kilometre.

(2)  For a fraction of a ton in the weight of any goods, a proportion of the tolls shall be demanded and taken, according to the number of quarters of a ton contained therein, and a fraction of a quarter of a ton shall be deemed and considered as a whole quarter of a ton.

R. S. 1964, c. 290, s. 153; 1977, c. 60, s. 54.

137. The directors shall print and post up, or cause to be printed and posted up, in the office, and in all the places where the tolls are to be collected, in some conspicuous place, a printed board or paper exhibiting, in French and English, all the tolls payable, and specifying the price to be charged or taken for carriage of any matter or thing.

R. S. 1964, c. 290, s. 154.

138. (Repealed).

R. S. 1964, c. 290, s. 155; 1984, c. 47, s. 25.

139. (Repealed).

R. S. 1964, c. 290, s. 156; 1984, c. 47, s. 25.

140. (Repealed).

R. S. 1964, c. 290, s. 157; 1984, c. 47, s. 25.

141. The company, or any director or officer thereof, or any receiver, trustee, lessee, agent or person, acting for or employed by the company, who, alone or with any other company or person, shall wilfully do or cause to be done, or shall wilfully suffer to be done, any act, matter or thing, contrary to the provisions of this Act, or to any order, direction, decision or regulation of the Government, the Minister of Transport or the Commission des transports du Québec in respect of tolls, or who shall aid or abet therein, or shall wilfully omit or fail to do any act, matter or thing thereby required to be done, or shall cause or willingly suffer or permit any act, matter or thing, so directed or required thereby to be done, not to be so done, or shall aid or abet any such omission or failure, or shall be guilty of any infraction of any such order, direction, decision or by-law, or any of such provisions of the said law, or shall aid or abet therein, shall for each offence be liable to a fine of not more than $1 000, nor less than $100.

R. S. 1964, c. 290, s. 158; 1972, c. 55, s. 112; 1977, c. 5, s. 14; 1988, c. 8, s. 79.

DIVISION XVII OPERATION OF THE RAILWAY

§ 1 . — Duties of Employees

142. (1)  Every servant of the company, employed on a passenger train, car or carriage, or at a station for passengers, shall wear, upon his hat or cap, a badge which shall indicate his office.

(2)  Without such badge, he shall not be entitled to demand or receive from any passenger any fare or ticket, or to exercise any of the powers of his office, or to interfere in any manner with any passenger or with his baggage or property.

R. S. 1964, c. 290, s. 159.

143. (1)  The cars, carriages or trains shall be started and run at regular hours, to be fixed by public notice, and shall furnish sufficient accommodation for the transportation of all such passengers, and all of such goods as, within a reasonable time previous thereto, offer themselves or are offered for transportation, at the place of starting, and at the junctions of other railways, and the usual stopping-places established for receiving and discharging way passengers and goods from the trains.

(2)  (Subsection repealed).

R. S. 1964, c. 290, s. 160; 1986, c. 13, s. 37.

144. Such passengers and goods shall be taken, transported, landed and discharged at, from and to the places indicated in subsection 1 of section 143 on the due payment of the toll, freight or fare legally authorized therefor.

R. S. 1964, c. 290, s. 161.

145. (1)  The party aggrieved by any neglect or refusal in the premises shall have an action therefor against the company.

(2)  The company shall not be relieved from such action by any notice, condition, or declaration, if the damage arise from any negligence or omission of the company or of its servants.

R. S. 1964, c. 290, s. 162.

146. Checks shall be affixed by an agent or servant to every parcel or piece of baggage having a handle, loop or means of attachment of any kind thereupon, and the duplicate of such check shall be given to the passenger delivering the same.

R. S. 1964, c. 290, s. 163.

147. (1)  If such check be refused on demand, the company shall pay to such passenger the sum of $8, to be recovered in a civil action.

(2)  Further, no fare or toll shall be collected or received from such passenger, and, if he have paid his fare, the same shall be refunded by the conductor in charge of the train.

R. S. 1964, c. 290, s. 164.

148. (Repealed).

R. S. 1964, c. 290, s. 165; 1988, c. 57, s. 86.

149. (Repealed).

R. S. 1964, c. 290, s. 166; 1977, c. 60, s. 55; 1988, c. 57, s. 86.

150. (Repealed).

R. S. 1964, c. 290, s. 167; 1977, c. 60, s. 56; 1988, c. 57, s. 86.

151. (Repealed).

R. S. 1964, c. 290, s. 168; 1977, c. 60, s. 57; 1988, c. 57, s. 86.

152. (Repealed).

R. S. 1964, c. 290, s. 169; 1977, c. 60, s. 58; 1988, c. 57, s. 86.

153. (Repealed).

R. S. 1964, c. 290, s. 170; 1988, c. 57, s. 86.

154. (Repealed).

R. S. 1964, c. 290, s. 171; 1988, c. 57, s. 86.

155. Any passenger refusing to pay his fare may, by the conductor of the train and the servants of the company, be put out of the train with his baggage, at any usual station, the conductor using no unnecessary force and first completely stopping the train.

R. S. 1964, c. 290, s. 172.

156. No person injured, while on the platform of a car or any baggage, wood or freight car, in violation of the printed regulations, posted up at the time in a conspicuous place inside of the passenger cars then forming part of the train, shall have any claim for the injury, provided room inside of such passenger cars, sufficient for the proper accommodation of the passengers, was furnished at the time.

R. S. 1964, c. 290, s. 173.

157. (Repealed).

R. S. 1964, c. 290, s. 174; 1988, c. 57, s. 86.

158. (1)  The company may refuse to take any package or parcel which it suspects to contain goods of a dangerous nature, or may require the same to be opened to ascertain the fact.

(2)  (Subsection repealed).

(3)  (Subsection repealed).

R. S. 1964, c. 290, s. 175; 1988, c. 57, s. 86.

§ 2 . — Overdue Trains

159. (1)  Every railway company, upon whose road there is a telegraph line in operation, shall have a blackboard put up on the outside of a station-house, over the platform of the station, in some conspicuous place at each station of such company at which there is a telegraph office.

(2)  When any passenger train is overdue for half an hour at any such station, according to the time-table of such company, the station master or person in charge at such station shall write or cause to be written with white chalk on such blackboard, a notice in English and French stating, to the best of his knowledge and belief, the time when such overdue train may be expected to reach such station.

(3)  If, on the expiration of that time, the train has not reached the station, the station master or person in charge of the station shall write or cause to be written on the blackboard in like manner, a fresh notice, stating to the best of his knowledge and belief the time when such overdue train may be expected to reach such station.

(4)  Every such railway company, station master or person in charge at any such station, shall be liable to a fine of not more than $5 for any wilful neglect, omission or refusal to obey the provisions aforesaid.

(5)  (Subsection repealed).

(6)  (Subsection repealed).

(7)  (Subsection repealed).

(8)  Nothing in this section shall prejudice the right of any person to the recovery of damages from any such railway company, by reason of detention of trains as aforesaid.

(9)  Every such railway company is required to have a printed copy of this section posted up in a conspicuous place at each of its stations at which there is a telegraph office.

R. S. 1964, c. 290, s. 176; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 66; 1990, c. 4, s. 151; 1992, c. 61, s. 106.

DIVISION XVIII SUITS FOR INDEMNITY—PENALTIES AND PROCEEDINGS RESPECTING THE SAME

1990, c. 4, s. 152.

160. (1)  All suits for indemnity for any damage or injury, sustained by reason of the railway, shall be instituted within twelve months next after the time such supposed damage was sustained, and not afterwards.

(2)  (Subsection repealed).

(3)  (Subsection repealed).

(4)  Although a contravention of this Act or of the charter by the company is considered to be an offence, and punishable accordingly, the said company, if it be the offending party, shall not be exempted from the forfeiture, under this Act or the charter, of the privileges conferred on it by the said Act or charter, if, by the provisions thereof or by law, the same be forfeited by such contravention.

R. S. 1964, c. 290, s. 177 (part); 1990, c. 4, s. 153.

DIVISION XIX MISCELLANEOUS

161. (1)  The company may build an electric telegraph line and a telephone line in connection with its railway; and, for the purpose of building, working and protecting the said telegraph and telephone lines, the powers vested in telegraph companies by the Telegraph and Telephone Companies Act (chapter C-45), are vested in the company; provided that no poles shall be erected in the building of either of the said lines in or through any city, town or village, without the consent of the council of such city, town or village being first obtained by the company; provided also that such telegraph and telephone lines may be used by the public generally, in conformity with the rules and regulations which the company may adopt.

(2)  The company may enter into a contract with any person or association of persons for the building or equipment of the railway or any part thereof, including or excluding the purchase of the land required for the roadbed; but no such contract shall be of any force or validity until sanctioned by a resolution passed by shareholders holding two-thirds in value of the capital stock of the company, at a special general meeting called for considering the same.

R. S. 1964, c. 290, s. 178.

162. No contract for any work of building or maintenance of the railway, except works of ordinary repair, or of immediate necessity, shall be entered into, until after tenders for such work have been invited by public notice therefor, given for at least four weeks in some newspaper published in the place nearest to that at which the work is required to be done; but the company shall not be compelled to accept any such tender.

R. S. 1964, c. 290, s. 179.

163. If the building of the railway be not commenced, and ten per cent on the amount of the capital be not expended thereon, within three years after the granting of the charter, or if the railway be not finished and put in operation within ten years from the granting of such charter, the corporate existence and powers of the company shall cease.

R. S. 1964, c. 290, s. 180.

164. After the opening of the railway or any part thereof to the public, and within the first fifteen days after the opening of each session of the Legislature, an account shall be annually submitted to the National Assembly, containing a detailed account, attested upon oath of the president, or, in his absence, of the vice-president, of the moneys received and expended by the company, and a classified statement of the passengers and goods transported by them, with an attested copy of the last annual statement.

R. S. 1964, c. 290, s. 181; 1968, c. 9, s. 80; 1982, c. 62, s. 143.

165. The Legislature may annul or dissolve any corporation formed under this act; but such dissolution shall not take away or impair any remedy given against any such company, its shareholders, officers or servants, for any liability which had been previously incurred.

R. S. 1964, c. 290, s. 182.

166. Nothing in this act contained shall affect in any manner the rights of Her Majesty, or of any person or corporation, except only such as are herein mentioned.

R. S. 1964, c. 290, s. 183.

DIVISION XX RAILWAY STATISTICS

167. In this Division the word “company” shall mean a company incorporated either before or after the coming into force of these Revised Statutes, for the purpose of constructing, maintaining or working a railway in Québec, and shall include any individual or individuals not incorporated, who are owners or lessees of a railway in Québec or parties to an agreement for working a railway in the same.

The word “person” shall include a corporation.

R. S. 1964, c. 290, s. 184.

168. Every company shall annually prepare returns of its capital in accordance with form 1; and a copy of such returns, signed by the president or other head officer of the company resident in Québec, and by the officer of the company responsible for the correctness of such returns, or any part thereof, shall be forwarded by the company to the Minister of Finance, not later than three months after the end of the year, together with a copy of the then last annual return of the traffic and working expenditure, which every such company is required to keep, in accordance with the provisions of their respective charters of incorporation, to be verified in the manner and form aforesaid, and furnished in such form as the said Minister shall approve of or prescribe.

Such company shall also forward to the Minister of Transport a certified copy of the annual return of the traffic and working expenditure.

Any company which fails to forward the said returns in accordance with the provisions of this section shall be liable to a fine of not more than $10 for every day during which such default continues.

R. S. 1964, c. 290, s. 185; 1966-67, c. 72, s. 23; 1972, c. 55, s. 113; 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 110.

169. (Repealed).

R. S. 1964, c. 290, s. 186; 1972, c. 55, s. 114; 1988, c. 57, s. 86.

170. The Minister of Finance shall lay before the National Assembly, within twenty-one days from the commencement of each session, the returns made and rendered to him, in pursuance of section 168.

R. S. 1964, c. 290, s. 187; 1966-67, c. 72, s. 23; 1968, c. 9, s. 91; 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 110.

171. (Repealed).

R. S. 1964, c. 290, s. 188; 1990, c. 4, s. 154.

DIVISION XXI

Repealed, 1988, c. 57, s. 86.

1988, c. 57, s. 86.

172. (Repealed).

R. S. 1964, c. 290, s. 189; 1977, c. 5, s. 14; 1988, c. 57, s. 86.

173. (Repealed).

R. S. 1964, c. 290, s. 190; 1973, c. 27, s. 20; 1983, c. 40, s. 68; 1988, c. 57, s. 86.

174. (Repealed).

R. S. 1964, c. 290, s. 191; 1988, c. 57, s. 86.

175. (Repealed).

R. S. 1964, c. 290, s. 192; 1988, c. 57, s. 86.

DIVISION XXII

Repealed, 1988, c. 57, s. 86.

1988, c. 57, s. 86.

176. (Repealed).

R. S. 1964, c. 290, s. 193; 1988, c. 57, s. 86.

177. (Repealed).

R. S. 1964, c. 290, s. 194; 1988, c. 57, s. 86.

178. (Repealed).

R. S. 1964, c. 290, s. 195; 1988, c. 57, s. 86.

179. (Repealed).

R. S. 1964, c. 290, s. 196; 1988, c. 57, s. 86.

180. (Repealed).

R. S. 1964, c. 290, s. 197; 1988, c. 57, s. 86.

DIVISION XXIII SEQUESTRATION

181. When a railway company, subject to the authority of Québec, has become insolvent; or has not complied with the requirements of its charter, as regards the commencement or completion of its works within the time specified; or does not, in an efficient manner, continue the undertaking, running, operating or working of the road or any part thereof for more than ten days; or has become incapable of so doing; the Government may, at any time, authorize the Minister of Transport to cause the railway, the road-bed, and all the rolling-stock and equipment thereof to be sequestrated or sold.

R. S. 1964, c. 290, s. 198; 1972, c. 55, s. 115.

182. The sequestrator shall be appointed by the Superior Court, or by a judge thereof, in and for the district in which the company’s head office in Québec is situated, upon a petition in the name of the Minister of Transport, not less than ten days after the service of a copy thereof at such head office of the company, together with a notice stating the time and place at which it will be presented, which notice shall also be published in the Gazette officielle du Québec and in at least one French newspaper and one English newspaper published in each of the cities of Québec and Montréal.

The court or judge shall hear the shareholders and creditors respecting the appointment of the sequestrator, but shall not be obliged to follow their advice.

R. S. 1964, c. 290, s. 199; 1972, c. 55, s. 115.

183. (1)  The sequestrator must be sworn before the judge or prothonotary to well and faithfully administer the property of which he is appointed depositary.

(2)  He shall be put in possession by a bailiff who shall draw up a statement containing a description of the property sequestrated.

(3)  This statement must be signed by the bailiff, and also by the sequestrator.

(4)  The sequestrator may, at any time, be replaced, on the application of the Minister of Transport, by following the same formalities as for his appointment.

(5)  He shall take possession of the road and of all the rolling-stock, and, under the direction of the Minister of Transport, shall execute and continue the work of the road at the expense and in the name of the company; maintain the road and rolling-stock in good repair, and renew the whole or any portion of such rolling-stock that may become deteriorated or disabled; execute, in the same manner, the contracts and acquittances, receipts and other documents, and, generally, perform all acts necessary for the construction, maintenance, administration, operating, and working of the railway, until the company, person or persons in default, or another company lawfully substituted to the former, resumes and continues, bona fide , the fulfilment of the obligations of the company, person or persons in default.

(6)  He may, under the direction of the Minister of Transport, take out and defend any suits on behalf of the company.

R. S. 1964, c. 290, s. 200; 1972, c. 55, s. 115.

184. The costs of sequestration and for the running, operating and working of the road, of the maintenance of the road and rolling-stock in good order, and of the renewal of any part thereof that may have become deteriorated or disabled, shall be taken out of, and shall constitute the first charge upon, its earnings, and shall be paid by the sequestrator, under the direction of the Minister of Transport. If such earnings are insufficient, the Government may, on a report of the Minister of Transport, temporarily advance the necessary sum required, out of the consolidated revenue fund of Québec, and, for such advance, Québec shall have a legal hypothec on the railway and its rolling-stock and materials, and may retain the amount thereof out of any subsidy that may become due to the company owning or controlling such railway.

R. S. 1964, c. 290, s. 201; 1972, c. 55, s. 115; 1992, c. 57, s. 466.

185. (1)  If the company or person or persons in default, or any other company, do not resume the construction, maintenance, administration, operating, and working of the road, for the purpose of bona fide continuing and completing the same, and, if the sequestrator has not the means at his disposal for continuing them, the Minister of Transport may, in his discretion, present a petition to the competent court or judge, thirty days’ notice whereof shall be served upon the company, person or persons in default, by leaving a copy at its head office, with mention of the time and place at which it will be presented, and, upon such petition, such court or judge may order the sheriff of the district to seize and sell the road, the immoveables used for the road and the rolling-stock.

(2)  The sheriff shall execute such order by following the same rules as in the case of a writ of execution against immoveable property, and shall make a return thereof to the Superior Court.

(3)  All subsequent proceedings, including the distribution of moneys, shall be had before the Superior Court, and shall be the same and have the same effect as those relating to compulsory sales of immoveables.

R. S. 1964, c. 290, s. 202; 1972, c. 55, s. 115.

186. All proceedings instituted under this Division shall be heard and decided by preference, and shall have precedence for hearing over all other proceedings or cases.

R. S. 1964, c. 290, s. 203; 1965 (1st sess.), c. 80, a. 1.

187. The foregoing provisions shall apply equally in any case in which a railway may be in the possession of trustees representing bondholders.

R. S. 1964, c. 290, s. 204.

DIVISION XXIV POWERS OF THE COMMISSION DES TRANSPORTS DU QUÉBEC

188. The Government may make regulations respecting the terms and conditions of agreements for connections with, running arrangements over, or the sale, lease or hiring of any railway, or electric railway, subject to the legislative authority of Québec; and every agreement for any of such purposes shall comply with and be subject to such regulations, and shall be void in any respect in which the same shall not be complied with.

R. S. 1964, c. 290, s. 206; 1972, c. 55, s. 118.

189. Every such regulation shall forthwith be laid before the National Assembly if in session, and if not shall be laid before the said House within the first seven days of the then next session, and may be disapproved thereby in whole or in part, and from and after such disapproval shall cease to have effect.

R. S. 1964, c. 290, s. 207; 1968, c. 9, s. 90.

190. (Repealed).

R. S. 1964, c. 290, s. 208; 1972, c. 55, s. 119; 1977, c. 5, s. 14; 1988, c. 57, s. 86.

191. (Repealed).

R. S. 1964, c. 290, s. 209; 1988, c. 57, s. 86.

192. (Repealed).

R. S. 1964, c. 290, s. 210; 1972, c. 55, s. 119; 1977, c. 5, s. 14; 1988, c. 57, s. 86.

193. (Repealed).

R. S. 1964, c. 290, s. 211; 1972, c. 55, s. 119; 1977, c. 5, s. 14; 1988, c. 57, s. 86.

194. (Repealed).

R. S. 1964, c. 290, s. 212; 1988, c. 57, s. 86.

195. (Repealed).

R. S. 1964, c. 290, s. 213; 1972, c. 55, s. 119; 1977, c. 5, s. 14; 1988, c. 57, s. 86.

196. (Repealed).

R. S. 1964, c. 290, s. 214; 1988, c. 57, s. 86.

197. (Repealed).

R. S. 1964, c. 290, s. 215; 1972, c. 55, s. 119; 1977, c. 5, s. 14; 1988, c. 57, s. 86.

198. (Repealed).

R. S. 1964, c. 290, s. 216; 1988, c. 57, s. 86.

199. (Repealed).

R. S. 1964, c. 290, s. 217; 1972, c. 55, s. 119; 1977, c. 5, s. 14; 1988, c. 57, s. 86.

200. (Repealed).

R. S. 1964, c. 290, s. 218; 1972, c. 55, s. 119; 1977, c. 5, s. 14; 1988, c. 57, s. 86.

201. (Repealed).

R. S. 1964, c. 290, s. 219; 1972, c. 55, s. 119; 1977, c. 5, s. 14; 1988, c. 57, s. 86.

202. (Repealed).

R. S. 1964, c. 290, s. 220; 1972, c. 55, s. 119; 1977, c. 5, s. 14; 1988, c. 57, s. 86.

203. (Repealed).

R. S. 1964, c. 290, s. 221; 1972, c. 55, s. 119; 1977, c. 5, s. 14; 1988, c. 57, s. 86.

204. (Repealed).

R. S. 1964, c. 290, s. 222; 1972, c. 55, s. 119; 1977, c. 5, s. 14; 1988, c. 57, s. 86.

205. (Repealed).

R. S. 1964, c. 290, s. 223; 1988, c. 57, s. 86.

206. (Repealed).

R. S. 1964, c. 290, s. 224; 1972, c. 55, s. 119; 1977, c. 5, s. 14; 1988, c. 57, s. 86.

207. (Repealed).

R. S. 1964, c. 290, s. 225; 1972, c. 55, s. 119; 1977, c. 5, s. 14; 1988, c. 57, s. 86.

208. (Repealed).

R. S. 1964, c. 290, s. 226; 1972, c. 55, s. 119; 1977, c. 5, s. 14; 1988, c. 57, s. 86.

209. (Repealed).

R. S. 1964, c. 290, s. 227; 1972, c. 55, s. 119; 1977, c. 5, s. 14; 1988, c. 57, s. 86.

210. (Repealed).

R. S. 1964, c. 290, s. 228; 1972, c. 55, s. 119; 1988, c. 57, s. 86.

211. (Repealed).

R. S. 1964, c. 290, s. 229; 1988, c. 57, s. 86.

212. (Repealed).

R. S. 1964, c. 290, s. 230; 1988, c. 57, s. 86.

213. Every electric railway company, subject to the legislative authority of Québec, may join, unite and connect its line of railway at any point or points thereon with the line of any other electric railway company, and each company may grant running or other rights over its lines to the other or allow the interchange of traffic or cars, or make operating arrangements or confer other privileges over its property, upon such terms and conditions as may be agreed upon between the respective companies; provided that no such agreement shall have any force or effect until approved by the shareholders of each company holding two-thirds of the stock thereof, present at a special general meeting held for that purpose.

R. S. 1964, c. 290, s. 231.

214. No such agreement shall be acted upon in any municipality affected thereby, until the consent of the municipal council of the said municipality shall have been obtained thereto, or until an order has been made by the Commission des transports pursuant to the provisions of this act, after due notice to the municipality.

R. S. 1964, c.290, s. 232; 1972, c. 55, s. 119; 1977, c. 5, s. 14.

215. If any municipality affected by such agreement refuses assent thereto, or requires different terms from those contained in such agreement, an application may be made by either company to the Commission des transports for leave to act upon the said agreement, or to settle the terms of a varied agreement between the parties interested, notwithstanding the want of such assent; and, such application being made, the Commission des transports may appoint a date for the hearing of the application, and notice shall be sent by registered or certified letter addressed to the parties to the said agreement and to the said municipality.

R. S. 1964, c. 290, s. 233; 1972, c. 55, s. 119; 1975, c. 83, s. 84; 1977, c. 5, s. 14.

216. The Commission des transports may require the said municipality to specify, in writing, its objections to the said agreement, and to file a copy thereof with the secretary of the Commission des transports, and to serve a copy thereof upon the parties to the said agreement.

R. S. 1964, c. 290, s. 234; 1972, c. 55, s. 119; 1977, c. 5, s. 14.

217. The Commission des transports may appoint any person to make an inquiry, and report upon such agreement or any other matter or thing connected therewith or incidental to the objections raised by the said municipality.

R. S. 1964, c. 290, s. 235; 1972, c. 55, s. 119; 1977, c. 5, s. 14.

218. (Repealed).

R. S. 1964, c. 290, s. 236; 1972, c. 55, s. 119; 1977, c. 5, s. 14; 1986, c. 95, s. 41.

219. The Commission des transports shall have the same power to enforce the attendance of witnesses and to compel them to give evidence and produce books, papers or things which they are required to produce, as is vested in the Superior Court.

R. S. 1964, c. 290, s. 237; 1972, c. 55, s. 119; 1977, c. 5, s. 14.

220. Every witness shall be entitled to receive the same fees and allowances as if summoned to attend before the Superior Court.

R. S. 1964, c. 290, s. 238.

221. The Commission des transports shall have power to determine all questions arising upon the application of any electric railway company or municipality interested, including:

(1)  Whether either company shall be entitled to the rights conferred by the agreement or any variation thereof, or any of them, notwithstanding the want of assent of the municipality;

(2)  What compensation, if any, shall be paid by either or both parties to the agreement in respect of any increased servitude to which the highway of the municipality will be subjected by reason of the agreement, and by whom and in what proportions the said compensation shall be paid;

(3)  The rate of speed and the order of precedence of the cars of either party to the agreement;

(4)  The rights of either company upon the highways crossed by the line or lines of the other company.

R. S. 1964, c. 290, s. 239; 1972, c. 55, s. 119; 1977, c. 5, s. 14.

222. (1)  The Commission des transports shall have jurisdiction to determine,—

(a)  Any dispute which may arise between any two or more electric railway companies subject to the legislative authority of Québec, respecting the crossing by either company of the line of the other;

(b)  Any dispute respecting an agreement between such companies for the interchange of traffic, haulage of cars, or the use of tracks or power;

(c)  Any dispute between any municipality and any such company with regard to the services, rates and tolls, or the speed of cars or trains.

(2)  When any city or town municipality is affected by the provisions of paragraphs b and c of subsection 1 of this section, the powers thereby vested in the Commission des transports shall not be exercised without the consent of such municipality.

R. S. 1964, c. 290, s. 240; 1972, c. 55, s. 119; 1977, c. 5, s. 14.

223. The Commission des transports shall send to the Minister of Transport forthwith a certified copy of every decision rendered under sections 190 to 222, with a copy of the relevant inquiry report.

1972, c. 55, s. 119; 1977, c. 5, s. 14.

224. Any provisions contained in a general or special act to the contrary notwithstanding, no municipal council shall pass a by-law authorizing any electric railway company to lay out or construct its railway on, upon or along any public highway, road, street or lane, until written or printed notices of the intended by-law specifying the route to be taken by the railway shall have been previously posted up for one month, in six of the most public places of the municipality, and published weekly for at least four consecutive weeks in some newspaper in the municipality, or, if there be no such newspaper, in a newspaper in a neighbouring municipality, and except upon a majority vote of all the members of the municipal council.

The council shall hear, in person or by counsel, anyone desiring to be heard, whose property may be prejudicially affected by such proposed electric railway.

R. S. 1964, c. 290, s. 241.

DIVISION XXV TRAFFIC ARRANGEMENTS

225. The directors of any railway company may, at any time, make agreements or arrangements with any other company, either in Québec or elsewhere, for the regulation and interchange of traffic passing to and from their railways, and for the working of the traffic over the said railways respectively, or for either of these objects separately, and for the division of tolls, rates and charges in respect of such traffic, and generally in relation to the management and operation of the railways, or any of them, or any part thereof, and of any railways in connection therewith, for any term not exceeding fifty years, and, for the better carrying into effect of any such agreement or arrangement, may provide, either by proxy or otherwise, for the appointment of a joint committee or committees with such powers and functions as may be considered necessary or expedient, subject to the consent of two-thirds of the stockholders, voting in person or by proxy.

R. S. 1964, c. 290, s. 242.

226. (1)  Every railway company shall, according to its powers, afford all reasonable facilities to other railway companies for the receiving and forwarding and delivering of traffic upon and from the several railways belonging to or operated by such companies respectively, and for the return of cars, trucks, and other vehicles.

(2)  No company shall give or continue any preference or advantage to or in favour of any particular company, or any particular kind of traffic, in any respect whatsoever, nor shall any company subject any particular company or any particular kind of traffic to any prejudice or disadvantage in any respect.

(3)  Every railway company, owning or operating a railway, which forms part of a continuous line of railway, or which intersects any other railway, or which has any terminus, station or wharf of the one near any terminus, station or wharf of the other, shall afford all reasonable facilities for receiving and forwarding by the one railway all the traffic arriving by the other, without any unreasonable delay, and without any preference or advantage, or prejudice or disadvantage, so that no obstruction may be offered in the using of such railway as a continuous line of communication, and so that all reasonable accommodation may, at all times, by the means aforesaid, be mutually afforded by and to the said railway companies.

(4)  Any agreement made between any two or more railway companies contrary to the foregoing provisions, shall be unlawful, null and void.

R. S. 1964, c. 290, s. 243.

227. Any railway company granting facilities to any incorporated express company shall grant equal facilities, on equal terms and conditions, to any other incorporated express company applying for the same.

R. S. 1964, c. 290, s. 244.

228. (1)  If any officer, servant or agent of any railway company, having the super-intendence of the traffic at any station or depot thereof, refuses or neglects to receive, convey or deliver at any station or depot of the company for which they may be destined, any passenger, goods or things, brought, conveyed or delivered to him or such company, for conveyance over or along its railway from that of any other company, intersecting or coming near to such first-mentioned railway, or in any way wilfully contravenes the provisions of section 226, such first-mentioned railway company, or such officer, servant or agent, personally, shall, for each such neglect or refusal, be liable to a fine of not more than $50, over and above the actual damages sustained.

(2)  (Subsection repealed).

R. S. 1964, c. 290, s. 245; 1990, c. 4, s. 156; 1992, c. 61, s. 107.

229. (1)  For the purposes of sections 225, 226, 227 and 228, the word “traffic” shall include not only passengers and their baggage, goods, animals and things conveyed by railway, but also cars, trucks and vehicles of any kind adapted for running over any railway.

(2)  The word “railway” shall include all stations and depots of the railway, and a railway shall be deemed to come near another when some part of the one is within one kilometre and one half of some part of the other.

R. S. 1964, c. 290, s. 246; 1977, c. 60, s. 59.

230. (1)  Whenever a railway company, under its charter, has the power of amalgamating by deed of agreement with another company, the deed of agreement effecting such amalgamation, after having been drawn up and passed by such companies, shall be sent to the Government for his approval.

(2)  Such approval shall be made known to the public by a notice signed by the Minister of Finance and published in the Gazette officielle du Québec.

R. S. 1964, c. 290, s. 247; 1966-67, c. 72, s. 23; 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 110.

DIVISION XXVI RAILWAY CONSTABLES

231. (1)  Any judge of the Court of Appeal or of the Superior Court, or clerk of the court, or clerk of the Crown, or judge of the Court of Québec, on the application of the board of directors of any railway company whose railway passes within the local jurisdiction of such judge, clerk, or judge of the Court of Québec, as the case may be, or on the application of any clerk or agent of such company, thereto authorized by such board, may, in their or his discretion, appoint any persons recommended to them or him for that purpose by the Minister of Public Security, in writing, and by such board of directors, clerk or agent, to act as constable on and along such railway.

(2)  Every person so appointed shall take an oath in the form or to the effect following, that is to say:

“I, A. B., having been appointed a constable to act on and along ( here name the railway ) under the provisions of the Railway Act, do swear that I will be faithful and bear true allegiance to the constituted authorities, in the said office of constable, without favor or affection, malice or illwill, and that I will, to the best of my power, cause the peace to be kept, and prevent all offences against the peace, and that, while I continue to hold the said office, I will, to the best of my skill and knowledge, discharge the duties thereof faithfully, according to law: So help me God.”

Such oath shall be administered by any such judge, clerk, or judge of the Court of Québec.

R. S. 1964, c. 290, s. 248; 1974, c. 11, s. 2; 1986, c. 86, s. 41; 1986, c. 95, s. 42; 1988, c. 21, s. 66, s. 71; 1988, c. 46, s. 24; 1992, c. 61, s. 108.

232. (1)  Every constable so appointed, and having taken such oath, shall have full power to act as a constable for the preservation of the peace, and for the security of persons and property against crimes and other unlawful acts, on such railway and on any of the works belonging thereto, and on and about any trains, roads, wharves, quays, landing-places, warehouses, lands and premises belonging to such company, whether the same be in the county, city, town, parish, district or other local jurisdiction within which he was appointed, or in any other place through which such railway passes, or in which the same terminates, or through or to which any railway passes which may be operated or leased by such railway company, and in all places not more than 400 metres distant from such railway.

(2)  (Subsection repealed).

(3)  (Subsection repealed).

(4)  (Subsection repealed).

R. S. 1964, c. 290, s. 249; 1977, c. 60, s. 60; 1990, c. 4, s. 158.

233. (1)  Any judge of the Court of Appeal or of the Superior Court, or clerk of the Crown, or judge of the Court of Québec, may dismiss any such constable who may be acting within their several jurisdictions.

(2)  The board of directors of such railway company, or any clerk or agent of such company thereto authorized by such board, may dismiss any such constable who may be acting on such railway.

(3)  Upon every such dismissal, all powers, protection and privileges, belonging to any such person by reason of such appointment, shall wholly cease.

(4)  No person so dismissed, shall be again appointed or act as constable for such railway without the consent of the authority by which he was dismissed.

R. S. 1964, c. 290, s. 250; 1974, c. 11, s. 2; 1988, c. 21, s. 72; 1992, c. 61, s. 109.

234. (1)  Every such railway company shall cause to be recorded in the office of the clerk of the Court of Québec for every county, city, town, parish, district, or other local jurisdiction, wherein such railway or railways may pass, the name and designation of every constable so appointed at their instance, the date of his appointment, and the authority making it, and also the fact of every dismissal of any such constable, the authority making it and the date thereof, within one week from such appointment or dismissal, as the case may be.

(2)  The clerk of the Court of Québec shall keep such record in a book, to be open to public inspection, charging only such fee as the Commission des transports may authorize, and in such form as the committee may direct.

R. S. 1964, c. 290, s. 251; 1969, c. 65, s. 35; 1972, c. 55, s. 173; 1977, c. 5, s. 14; 1992, c. 61, s. 110.

235. (Repealed).

R. S. 1964, c. 290, s. 252; 1969, c. 21, s. 35; 1990, c. 4, s. 159.

236. (Repealed).

R. S. 1964, c. 290, s. 253; 1990, c. 4, s. 159.

DIVISION XXVII SALE OF RAILWAY TO PURCHASERS NOT HAVING CORPORATE POWERS

237. If any railway or section of any railway is sold under the provisions of any deed or hypothec, or at the instance of the holders of any mortgage bonds or debentures, for the payment of which any charge has been created thereon, or under any other lawful proceeding, and is purchased by any person not having corporate power to hold and operate the same, the purchaser shall not run or operate such railway or section of railway until authority therefor has been obtained under the following provisions.

R. S. 1964, c. 290, s. 254.

238. The purchaser shall forward to the Minister of Transport an application in writing stating the fact of such purchase, describing the termini and lines of route of the railway or section of railway purchased, specifying the special act under which the same was constructed and operated, and applying for authority from the Minister to run and operate such railway or section of railway; and with such application shall transmit a duplicate or authenticated copy of the deed of conveyance of such railway or section of railway, and thereafter such further details and information as the Minister may require.

R. S. 1964, c. 290, s. 255; 1972, c. 55, s. 120.

239. Upon any such application, the Minister may, if he be satisfied therewith, grant an order authorizing the purchaser to run and operate the railway or section of railway purchased, until the end of the then next session of the Legislature, subject to such terms and conditions as the Minister may deem expedient; and thereupon the purchaser shall be authorized, for such period only, and subject to such order of the Minister, to operate and run such railway or section of railway, and to take and receive such tolls in respect of the passenger and freight traffic carried thereon, as the company previously owning and operating the same was authorized to take, and shall be subject, insofar as the same can be made applicable, to the terms and conditions of the charter of the said company.

R. S. 1964, c. 290, s. 256.

240. Such purchaser shall apply to the Legislature at the next following session thereof after the purchase of such railway or section of railway, for an act of incorporation or other legislative authority, to hold, operate and run such railway or section of railway; and, if such application be made to the Legislative and be unsuccessful, the Minister may extend the order to run and operate such railway or section of railway until the end of the then next session of the Legislature, and no longer; and if during such extended period, the purchaser does not obtain such act of incorporation or other legislative authority, such railway or section of railway shall be closed or otherwise dealt with by the Minister, as may be determined by the Government.

R. S. 1964, c. 290, s. 257.

241. The company may sell to the acquirer of the road or of the section of road the privileges and franchises which it holds under its charter; and such privileges and franchises shall be subject, as to their exercise, to the rules contained in the preceding provisions, and to the conditions under which they have been obtained.

R. S. 1964, c. 290, s. 258.

DIVISION XXVIII

Repealed, 1988, c. 57, s. 86.

1988, c. 57, s. 86.

242. (Repealed).

R. S. 1964, c. 290, s. 259; 1969, c. 21, s. 35; 1988, c. 57, s. 86.

243. (Repealed).

R. S. 1964, c. 290, s. 260; 1988, c. 57, s. 86.

244. (Repealed).

R. S. 1964, c. 290, s. 261; 1972, c. 55, s. 121; 1977, c. 5, s. 14; 1988, c. 8, s. 80; 1988, c. 57, s. 86.

245. (Repealed).

R. S. 1964, c. 290, s. 262; 1988, c. 57, s. 86.

246. (Repealed).

R. S. 1964, c. 290, s. 263; 1988, c. 57, s. 86.

247. (Repealed).

R. S. 1964, c. 290, s. 264; 1988, c. 57, s. 86.

248. (Repealed).

R. S. 1964, c. 290, s. 265; 1988, c. 57, s. 86.

DIVISION XXIX

Repealed, 1988, c. 57, s. 86.

1988, c. 57, s. 86.

249. (Repealed).

R. S. 1964, c. 290, s. 266; 1969, c. 65, s. 35; 1972, c. 55, s. 122, s. 173; 1977, c. 60, s. 61; 1988, c. 57, s. 86.

DIVISION XXX MANUFACTORIES OF RAILWAY PLANT

250. The Government may, to encourage the establishment, in Québec, of manufactories of rails and fastenings, locomotives, cars, carriages and other rolling-stock or railway plant, grant to any company establishing such manufactories freedom from taxation by the Government.

R. S. 1964, c. 290, s. 267; 1977, c. 5, s. 14.

251. This Division shall not apply to municipal or school taxes, and the privileges so granted shall not extend beyond twenty-five years.

R. S. 1964, c. 290, s. 268.

252. Unless expressly provided to the contrary, the Minister of Transport shall have charge of the application of this Act.

1972, c. 55, s. 123.

DIVISION XXXI

This Division ceased to have effect on 17 April 1987.

253. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

FORMS

1

(Section 168)

Return

RETURN in pursuance of Division XX of the Railway Act, (Revised
Statutes of Québec, chapter C-14) by the ....................
(name of company) ................. Railway Company, of their
authorized share and loan capital, and the sums received in
respect of their common stock and preferred stock, and debenture
stock, or funded debt, on 31 December 19....., specifying the
rate per cent of the dividends for the year 19....., on each of
the said capitals, showing also the loans outstanding on 31
December 19....., classified according to the several rates per
cent of interest, and the capital subscribed to other
undertakings, whether such undertakings are on lease to or
operated by the subscribing company, or are independent.

===============================================================
(*) Authorized capital paid up  .  (=BY) shares         . $
to 31 December                  .  BY loans             . $
19....., including capital      .  Total                . $
authorized as subscriptions to  .                       .      
other undertakings, whether     .                       .      
such other undertakings are on  .                       .      
lease to or operated by the     .                       .      
subscribing company, or are     .                       .      
independent.                    .                       .      
--------------------------------.-----------------------.------
Paid-up stock and share capital .  Common shares.       . $
on 31 December 19.....,         .  Rate per cent of     .      
including subscriptions paid-up .   dividend.           . $
for other undertakings.         .  Guaranteed.          . $
                                .  Guaranteed rate of   .      
                                .   dividend.           . $
                                .  Rate of dividend     .      
                                .   paid.               . $
                                .  Preferred shares.    . $
                                .  Rate of dividend on  .      
                                .   preferred shares.   . $
                                .  Rate of dividend     .      
                                .   paid.               . $
                                .  Total paid-up stock  .      
                                .   and share capital   .      
                                .   to 31 December      .      
                                .   19.....             . $
--------------------------------.-----------------------.------
Capital raised by loans and     .  Loans                . $
debenture stock to 31           .  Rate of Interest     . 
December 19.....                .  (++) Debentures      . $
                                .  Rate of Interest     . 
                                .  Total raised by      .      
                                .   loans and debenture .      
                                .   stock to 31         .      
                                .   December 19.....    . $
--------------------------------------------------------.------
Total stock and share capital                           .      
paid-up, and capital raised by                          .      
loans and debenture stock, to                           .      
31 December 19.....                                     . $
--------------------------------------------------------.------
Subscriptions to other                                  .      
companies.                                              . $
--------------------------------------------------------.------
Remarks.                                                .      
---------------------------------------------------------------
  Note.--This return should be dated and signed by the officer
or officers of the company responsible for its correctness.
  (*) This should include all capital authorized to be raised by
Acts of the Legislature of Québec, but should not include
capital authorized only for purposes which have lapsed by
abandonment or otherwise.
  (=) In cases where a subscription is authorized out of
existing capital, no addition should be made in respect of it to
the sum entered in this column, but only to the sum entered in
the last column.
 (++) Care should be taken not to confound debenture stock with
ordinary debenture loans, and not to enter the same under both
headings.    

R. S. 1964, c. 290, form 1; 1968, c. 9, s. 90.

2

(Section 169)

Returns

 ........................................ Railway.

Traffic return for week ending ...............................,
19....., and the corresponding week of 19.....

===============================================================
      .            .  Freight  .  Mails   .       .            
 Date . Passengers .    and    .   and    . Total . Kilometres 
      .            . Livestock . Sundries .       .    open    
------.------------.-----------.----------.-------.------------
      .            .           .          .       .            
 19   . .......... . ......... . ........ . ..... . .......... 
      .            .           .          .       .            
 19   . .......... . ......... . ........ . ..... . .......... 
---------------------------------------------------------------

Increase ......................................................

Decrease ......................................................

                     --------------------                      

Aggregate traffic from ............................, 19.....

===============================================================
      .            .  Freight  .  Mails   .       .            
 Date . Passengers .    and    .   and    . Total . Kilometres 
      .            . Livestock . Sundries .       .    open    
------.------------.-----------.----------.-------.------------
      .            .           .          .       .            
 19   . .......... . ......... . ........ . ..... . .......... 
      .            .           .          .       .            
 19   . .......... . ......... . ........ . ..... . .......... 
---------------------------------------------------------------    

R. S. 1964, c. 290, form 2; 1977, c. 60, s. 62.

3

(Section 172)

Pay List of the foremen, workmen and labourers employed by A. B.
(name of the company, contractor or subcontractor, as the case
may be) upon the construction of the ............... railway.

===============================================================
Names of    .
foremen,    .
workmen and .
labourers   .
        ..........
        . Number .
        . of     .
        . days   .
        .     ...........
        .     . Salary  .
        .     . per day .
        .     .       .............
        .     .       . Nature of .
        .     .       . job       .
        .     .       .       ................
        .     .       .       . Price of job .
        .     .       .       .        ..........
        .     .       .       .        . Total  .
        .     .       .       .        . amount .
        .     .       .       .        . due    .
        .     .       .       .        .     ..............
        .     .       .       .        .     . Receipt of .
        .     .       .       .        .     . foreman,   .
        .     .       .       .        .     . workman or .
        .     .       .       .        .     . labourer   .
        .     .       .       .        .     .      ...........
        .     .       .       .        .     .      . Signature
        .     .       .       .        .     .      . of       
        .     .       .       .        .     .      . witness  
        .     .       .       .        .     .      . to       
        .     .       .       .        .     .      . payment  
---------------------------------------------------------------
        .     .       .       .        .     .      .          
        .     .       .       .        .     .      .          
        .     .       .       .        .     .      .          
        .     .       .       .        .     .      .          
        .     .       .       .        .     .      .          
===============================================================    

R. S. 1964, c. 290, form 3.

4

(Section 173)

Claim of Foreman, Workman, Labourer, or Person who has sold Right of Way or supplied Materials (as the case may be) filed in the Office of the President of the Société immobilière du Québec.

To the President of the Société immobilière du Québec,

Sir,

In presence of the undersigned witness, I, (or we) (name of the foreman, workman, etc., as the case may be) declare that A. B., (name of the company, contractor or subcontractor, as the case may be) owes me (or us) a sum of .............. dollars for (indicate the nature of the work, etc.,) at (place), which sum the said A. B. (name of the company, contractor or subcontractor, as the case may be), refuses or neglects to pay me (or us).

..............

(Signature of workman or workmen, etc.)

Sworn before me at .............., this .............. day of .............., 19..............

G. H.,

Justice of the Peace (or as the case may be).

R. S. 1964, c. 290, form 4; 1973, c. 27, s. 20; 1983, c. 40, s. 63.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 290 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed, except sections 104 to 109, effective from the coming into force of chapter C-14 of the Revised Statutes.