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Posted Mar 6, 2018, 8:24 PM
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Registered User
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Join Date: Feb 2018
Posts: 28
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Watson had best be careful for what he calls for. I also think this should be appealed, as the "Governor in Council" upon which Watson calls, has the power to assume control of the bridge directly, and dispose of it in a manner Watson wouldn't wish. (disposal including assigning ownership)
This is 'interesting stuff'. The GinC has never been called on before to intercede in this way. In effect, the GinC is the Minister. Unless the Transportation Act is amended (highly unlikely at this time, but quite possibly later) GinC can't overturn the ruling unless it was reached by means inconsistent with the law. What he/she can do is change the terms of the claim under the law. And that pertains to ownership if need be to ensure that the Act(s) is(are) complied with.
Here's some of the powers available to address a dispute like this, and the GinC and/or Minister (or one in the same) can use this power even if this section of this Act isn't being contested:
Railway Relocation and Crossing Act (R.S.C., 1985, c. R-4)
Full Document: HTMLFull Document: Railway Relocation and Crossing Act | XMLFull Document: Railway Relocation and Crossing Act [34 KB] | PDFFull Document: Railway Relocation and Crossing Act [257 KB]
Act current to 2018-02-15
Quote:
[...]
Powers to acquire land
(2) When the Agency makes an order under subsection (1) requiring a railway company to build a railway line or to make any connections between railway lines, all the provisions of law at that time applicable to the taking of land by the railway company, to its valuation and sale and conveyance to the company, and to the compensation therefor, apply to the land required for the proper carrying out of that order.
R.S., 1985, c. R-4, s. 8; R.S., 1985, c. 28 (3rd Supp.), s. 359, c. 32 (4th Supp.), s. 116; 1999, c. 31, s. 187(E).
Marginal note:Acquisition of railway land
9 When the Agency makes an order under section 7 requiring a railway company to cease to operate over a line within a transportation study area, the Agency may recommend that the Minister of Public Works and Government Services acquire any land that is or was occupied as part of its railway undertaking by the railway company subject to such conditions as the Agency may prescribe, and the Minister of Public Works and Government Services may acquire such land by purchase or by expropriation under the Expropriation Act.
R.S., 1985, c. R-4, s. 9; R.S., 1985, c. 28 (3rd Supp.), s. 359; 1999, c. 31, s. 188.
Marginal note:Necessary laws
10 An order under section 7 or 8 shall be issued only after the Agency is satisfied that the government of the province and each municipality that has agreed to the accepted plan have caused such laws to be passed or such orders to be made as are necessary to carry the accepted plan into effect.
R.S., 1985, c. R-4, s. 10; R.S., 1985, c. 28 (3rd Supp.), s. 359.
Marginal note: Power to dispose of property
11 The Minister of Public Works and Government Services may sell or lease or otherwise dispose of any land acquired pursuant to section 9 if that disposition is consistent with the accepted plan and any conditions prescribed by the Agency with respect to the acquisition of the land by that Minister.
R.S., 1985, c. R-4, s. 11; R.S., 1985, c. 28 (3rd Supp.), s. 359; 1999, c. 31, s. 189.
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http://laws-lois.justice.gc.ca/eng/a...2.html#docCont
The National Capital Act cites same.
Quote:
National Capital Act (R.S.C., 1985, c. N-4)
[...]
Power to construct railway
13 (1) The Commission may construct in the National Capital Region, in accordance with plans prepared under this Act, a railway and related facilities.
Marginal note:Sale, lease, etc.
(2) The Commission may
(a) sell, convey or lease any railway and related facilities, or any portion thereof, constructed pursuant to subsection (1) to any railway company; or
(b) enter into agreements with any railway company for
(i) the sole, joint or several use of the railway or facilities, or any portion thereof,
(ii) the maintenance by the company of the railway or facilities, or any portion thereof, and
(iii) the operation of the railway or facilities, or any portion thereof.
Marginal note:Application of Part III of the Canada Transportation Act
(3) Part III of the Canada Transportation Act, with such modifications as the circumstances require, is applicable to the exercise of the powers conferred by this section, but nothing in this section is deemed to constitute the Commission a railway company except for the purpose of subsection (2).
R.S., 1985, c. N-4, s. 13; 1996, c. 10, s. 236.
Expropriation
Marginal note:Expropriation
14 (1) Where in the opinion of the Commission the acquisition of any land or interest therein by the Commission without the consent of the owner is required for the purposes of this Act, the Commission shall so advise the appropriate Minister in relation to Part I of the Expropriation Act.
Marginal note:Idem
(2) For the purposes of the Expropriation Act, any land or interest therein that, in the opinion of the Minister mentioned in subsection (1), is required for the purposes of this Act shall be deemed to be land or an interest therein that, in his opinion, is required for a public work or other public purpose, and, in relation thereto, a reference to the Crown in that Act shall be construed as a reference to the Commission.
R.S., c. N-3, s. 13; R.S., c. 16(1st Supp.), s. 42.
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http://laws-lois.justice.gc.ca/eng/a...age-3.html#h-8
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