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 YimCmM REGfilOE. 
 
 
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 : .. . : i ■ 
 
 CAP. LXiL 
 
 1 '^ ■ ••■•V 
 
 Ah Act Inspecting the Canadian Pacific Railway. 
 
 '; ';^>>^ ^ *^ [4s«w«te(£ to IM Jtt?i«' 1872,] 
 
 \T rn^REAS^by the terms ami conditious of the admission of Pieamble. 
 YV British Columbia iiito union with the Dominion of Ct^iada, 
 
 ,\ set forth and^mbodied in an addrasa to Her Majesty, adopted by 
 
 the Legislative Council of that Colony, in January, 1871, imder 
 the provisions of the one hundred and forty -sixth, section pf " Tlte 
 British Noi'th 4-T^nsyica Ad, 1867," and laid before both the Houses 
 of the Parliament of Canada by His Excellency the Governor 
 ** General d\|lHng the naw last session thereof, and recited, and con- 
 
 curred iiiJI$ytQe Sena^ and Huuse of Commons of Canada during 
 
 ! ':_ Jht. the said aft^fe^gip, and embadied in addresses of the said Houses to 
 Her Majesty v^der the said sedtion of the Bntish North America 
 Act, and approved by Her Majesty lUid embodied in the Order in 
 Council admitting British Columbia tnto the union under the said Recital : 
 Act, as ipart qf the Dominion of Canada, from the twentieth <l*y ^'SfB^^'h 
 of July, 1871,; — it m among other things provided, that the (joiumbuL 
 Government bf the Dominion undertake to secure the (-onimence- *? P«5»fi« 
 ment simultaneously within two years from the date of the ^*^* 
 union, of the^oonstruction of a railway from the Pacific towards the 
 Rocky Mountains, and from such point as maybe selected, east 
 of the llocky, Mountains towards the Pacific,toconnectthe seaboard 
 of British Columbia^ with the railway system of Canada; and 
 further, to ^cure th,e completion of such Railway within ten years 
 from the date, of the union ; — The Government of British Columbia 
 agreeing- to convey to the Dominion Government in trust, to be 
 appropriated in such manner as the Dominion Government may 
 deem_advi,8able in furtherance, of the construction of the said 
 b similar ektent of public lands along the line of railway 
 entire length, in British Cdlumbia, not to exceed, 
 ^^ ^Bch si(k of the said line, a.^ may bg 
 
 '^ 
 
 -50 
 
 O 
 
 
R(!ii)liiti.iu (if 
 
 ITaUHC (if 
 
 (/'oiniiions. 
 
 ( 'aniidiiiii 
 I'a.ific Kail- 
 way. Naiiif, 
 I'lmrse ami 
 liiK'. 
 
 H(i\v to he 
 liiado and 
 workt'il. 
 
 (.'aj)ital (if 
 coiiiiiauy. 
 
 Time limited 
 fur odiistruc- 
 
 tldll. 
 
 Tnivisii : 
 dejidsit I if ten 
 JUT cent of 
 capital. 
 
 Luml LTant. 
 
 appr()i)iiate(l f<»i tlio siurio |>urpoHO l»y tho Dominion Government 
 from tlic i)iililic laiuls in tha Nortli West Territories siml tho 
 Province of ManitolKi, suhjoft to certain c(»iulitions for mai<iii;^ 
 good to tlie ])>)niinioti (iovernini.Mit froiii contiguons lands, any 
 lauds witliin the .sai<l liuiits wliicli may 1) • hold under preemption 
 rii'ht or Crown i.n"aut, and for re.strainintr the sale or alienation by 
 tln! ( lovin'iiment of lint'.sli Cohnnl»ia, dnring" tho said two years, 
 of lands within ll.e sai'l limits ; — And wliereaa, the House of 
 Commons of Canada resolved durinn-the said now last session, that 
 tiie said railway should he coiistrneted and worked by private 
 enterjirise and not by tho Dominion Covermaent; and that the 
 j)ublic aid to be given to secure that undertaking, should consist 
 of such liberal grants of land, and such subsidy in money, or other 
 aid, not increasing the present rate of taxation, as the Parliament 
 of Canada should tliereafter determine ; and it isexpedient to make 
 provision for carrying out the said agreement and I'esolution : 
 Tlieiefore Her ^Lajesty, b}' and with the advice of the Senate and 
 Hou.'^e of Commons of Canada, enacts as follows:- • 
 
 I. A lailway to be called " Tlie Canadian Pacilic Railway" 
 sliall be made in conformity with the agreement referred to in the 
 preamble to this Act, and such railway sliall extend from some 
 point on or near Lakct Ni])issing and on the south shore thereof, to 
 some point on the .shore of tlie Paeifiir Ocean, both the said [)oints 
 to be determined by the Governor in Council, and the course and 
 line of tlie said railway between the sai<l points to be subject to 
 the ap[>roval of the Ciovernor in Council. 
 
 *2. The v.'hole line of the said I'ail way shall be made and Avorked 
 by private enter|)rise, and not by the Dominion Government, and 
 by one coinj)any having a subscril>ed capital of at least ten milliim 
 dollars, and ai)))roved of and agreed witli by the Governor in 
 Council in the manner hereinafter mentioned, and shall be hona 
 fi/li'. (!oinmenced within two years from the twentieth day of July, 
 one ill tusand eight hundred and seventy-one, and conijdeted 
 within ten years from the said day ; and subject to the said pro- 
 vision as to commencement and completion, the ccmipany shall 
 further be bcmnd to commence an<l complete at such time or times 
 as the. Government may ]>re.scribe, any portion or portions of tho 
 railway lying between points on the line thereof to be defined in 
 the Order or Orders in Covuicil to be made from time to time in 
 that behalf : Pnivided al way .^ that ten ]>er cent, of the capital of 
 the company shall be paid up and de'posited in money or Govern- 
 ment .securities, in the liatids of the Receiver General of Canada, 
 before i>x\y agreement is (!oncluded between the Government and 
 theeom])any, and shall remain in Ids handsnntilotherwi.se ordered 
 by Parliament ; but if after the payment into the hands of the 
 Receiver General by any com] )any of the said deposit, such contraet 
 should not be finally executed, the Governor in Council shall 
 order the said deposit to be retuined. 
 
 3. The land grant to be nnide to the company constructing and 
 working tho said railway, to aocuro tho conatvuction of the same, 
 
 \ t 
 
t' 
 
 8 
 
 and in consideration thereof, shall not exceed in the whole fifty 
 million acres; but subject to tliislinntatiou,itiiiay,in tlicl'rovince.s y^^^,^f 
 of Manitoliaand British (Johuiihia and tlicNoitli West T. iritories, 
 he equal to hut shall not excec*! what would l)e contained in 
 blocks not exci'e(iin«j; twenty miles in ilfpili on each side of tlie 
 said railway, alternntin<,' with other blocks of like depth on enrh 
 side tliereof tobe reserved by and for the Dominion (lovernnient, 
 for the purposes of this Act, and to ii" solil ly it^, ami the pi-oceeils 
 thereof applied towards reimbiu'sin,!;;' the sums expenileil )iy the 
 Donunion under tins Act; and tlie lands to be fi'ianted to tlie com- i,.|,„l.-< •■ni.tfd 
 pany may be laid out and granted in sncli alternate block'^, in tu l)fiii' 
 places remote from settlement and where the (Jovenior in Council i'jl^'^'i^',''^"' 
 may bo of opinion that such system is exj)edient, and to be desio-- 
 nated in and by .an'i'eemont lietween the (Jovennnent and the 
 com]»any ; but no such jifiant shall indudi^ any land then belore p^,,^,;.,^, 
 granted to any other party, or on which any other party has any 
 lawful claim of pre-emption or otherwise, oi' any land lesevved for 
 school ])ur|)oses; and the deficiency arising from the exception oi' 
 any such lands shall be made good to the com|)any hy tlie gi'ant of 
 an cMpial extent from other wild and ungranted i)ominion lands: 
 Provided that, so far as may be practicable, none of such alternate 
 blocks of land as afoivs;iid shall be less than six miles nor m(U'e ^'j'"^,;';',' •' ^^^'^ 
 than twelve miles in fi'ont on the I'ailway, and thi; blocks shall he railwiiy. 
 so laid out as that each block granted to tht; coni])any on one side 
 of the I'ailway shall lie opposite ti> anotlier lilock of like width 
 reserved for the (lovernnient on tlie other side of the railway : 
 And provided furthei', that if the total ([uantity of land in the p,.„^.ig„ . jf 
 alternate blocks to lie so granted to the comj)any, should hi! less iiltonuiti.' 
 than fifty nullion acres, then the (;overrunent n'lay, in its discre- ^'^J'^^';;;;;^^^^^^^^^^^^ 
 tion, grant to the company such additional i|Uantity of land ti> no.oao.ODo 
 elsewhere as will make up with such alteniaie blocks, a (piantity '"''''•"■ 
 not exceeding fitly million acres; and in the case of such ad<ii- 
 tional grant, a quantity of land elsewhere iMpial to suchadilitional 
 gi'ant shall be reserved and disposed of hy the Goveiiunent for 
 the same purposi' as the alteiiiate lilocks to l>e reserve<l as afore- 
 said by the Oovernment on the line of the railway, and suefi 
 additional lan<ls granted to the companv an.il rcseived f»i' tlie 
 (Jovernment shall be laid out in alternate bloiks on each side of a 
 conunou IVont line i)r lin"s, in like manner as tlie blocks granted 
 and reserved along the line of ihe railway : And the (Jovernor in Ri;,'lit of way. 
 Council may, in his discretion, grant to the Company the right of 
 wav throu^fh any Dominion lands. 
 
 In the Province of Ontario, the land grant to the com|iany for Lumls in 
 the ]»ur])0ses aforesaid, shall be such as the (loveinment of the *-*"*'"""• 
 Donunion may be enabled to make, under any arrangement with 
 the C Jovernment oi" the Province of Ontario. 
 
 The lands to be grantiid to tlu' eomiianv under tins section, ^\'1>'^'" '""li" 
 
 1 . I 1' I • i- ■ .^- 1'i.i •! what iirDiior- 
 
 may l)e so granteil trom time to tune as any portioiiot tlu- railway ti.^n hind'uimy 
 is ])roeeeded with in quantities ])i'oportioiuite to the K'Ugth, difii- lif ,L;r.iiiteil. 
 cidty of construction or expenditure upon such portion, to be 
 
Subsidy in 
 tnonuy to 
 compftuy. 
 
 Amount 
 limited. 
 
 Loan author- 
 ized. 
 
 determined in such manner ns may l)o agreed upon by the Oovern- 
 meut and the company. 
 
 4. The subsidy or aid in money to bo granted to tlic said com- 
 pany sliall be sudi sum not exceeding thirty millions of dollars in 
 the wliole, as may bo agreed ui»()n between the Government and 
 the company, such subsidy to be granted from time to time by 
 instalments as any portion of the railway is ])rocee(k'(l with, in 
 proportion to the length, iliflieulty of eonstrui'tidii, andcostof such 
 portion : — And the Governor in Comicil is hore1>y authorized 
 to raise by loan in the manner by law jirovided such sum not 
 exceeding thirty mdlion dollars as may be re([uired to pay tliesaid 
 subsidy. 
 
 Gauge of rail' 5. The gauge of the railway shall be four Icet eight inches and a 
 way, tfrades, . }^^]f^ and the gnides thereof, and the materials an(i mannei' of and 
 in which the several works forming part thereof shalllte constructed, 
 and the mode of working the railway, inchnling the description and 
 capacity of the locomotive engines and other rolling stock fur 
 working it, shall be such ns may be agreed on l»y the Government 
 and the company. 
 
 Comiiletion 
 tin I working 
 of Huctions ot 
 the railway. 
 
 (i. The Government of Cannda and the comjiany may agree 
 upon the periods within which any deHnite portion or portions of 
 the railway sh.all be completed : and wheni^ver any portion of the 
 railway exeeeding t\se;ity miles is completed, the Governor in 
 Council may require the company to work the same for the convey- 
 ance of passengers and goods at such times and in such manner as 
 mayiiv. '• been agree I upon with the company ori)rovidedin their 
 chart 
 
 1/ 
 
 V- 
 
 Transport of 7. Her Majesty's naval or military forces, and all artillery, 
 Her Majesty 8 ammunition, biiiTLrage, provisions or other stores for their use, and 
 material, &c. all oriicers and otiiei-s travellmg on Her Majesty s naval or military 
 or other service and their baggage and stores, shall at all times, 
 when the company shall be thereunto required by one of Her 
 Majesty's Principal Seci'otarios of State, or by the Commander of 
 Her Majesty's Forces in Canada, or by the Chief ^'aval OlHcer 
 on the North American fStation on the Atlantic, or the Valparaiso 
 Station on the Pacific Ocean, be carrier! on the sUd railway on 
 such terms and conditions, and under such i-egulations as the 
 Governor in Council shall from time to time make, or as shall be 
 agreed u))on between the Government of Canada, and one of Her 
 Majesty's Principal Secretaries of State. 
 
 Cost <>f survey 
 made by 
 Government 
 to be part of 
 subsidy. 
 
 8. The company shall allow as part of the subsidy aforesaid, 
 the cost of the survey made in tlie years one thousand eight hun- 
 dred and seventy-one and oim; thousand eiglit hundred and seventy- 
 two, by the Government of Canada, for the pur()oso of ascertaining 
 the best line for the said i ailwav. 
 
 Govei-nment 9. If there be any company incorporated by the Parliament of 
 Canada with power to construct and work a railway from Lake 
 
 may agree 
 witii A com 
 
Nipissing to the Pacific Ocean, on a lineapi>roveil by the Governor panyinoorpo- 
 in Council under this Act, — then, if hucIi Comjmny have the er,J|;tnlafom)f 
 amount of subscribed capital hereinbefore mentioned, and Ijc in the the railway, 
 opinion of the (Jov( inor in Council able to construct and work 
 such railway in tlie manner and withi)i the time hereinbefore 
 jtrescribed, and there be no provision in their Act of incor))orati()n 
 preventing an agreement being made with and cnnied out by such 
 com])any under tliis Act and in conformity with all tlie jjroviaions 
 tliei-eof, — the Governor in Council may make such agreement with 
 the coiiipany, and such agi-eement shall be held to be part and 
 parcel of its Act of incorporation, as if embodied therein, and any 
 part of such Act inconsistent with such agreement shall be null 
 and void. 
 
 1 0. If there be two or more companies incorporated by the if more than 
 ParlianicTit of Canada, each having |)owcr to consinu*t and work V"*^ "■''"*"' , 
 a railway over the whole or some part or the hue between Lake 
 Nii)issing and the Pacific Ocean a])proved by the Government, 
 but such coujpanlc-: having togetlier power to construct and work 
 railways over the whole ot such line, and having together a sub- 
 scribed capital of at least ten million dollars, — then the directors Companii-s 
 of the several companies may at any time within one n^onth after ™,')^f i',""*i'j'at 
 the j)assing of this Act, agree together that such companies shall niaumr. 
 be united and form one company, on such terms and conditions as 
 they may think pro])er, not inconsistent with this Act; and such 
 agreement shall llx the rights and liabilities of the shareholders 
 after such union, the number of directors of the company after the 
 union, and who shall be directors until the then next election, 
 the period at which such election shall take place, the number of 
 votes to which the shareholders of each company shall be resi)ec- 
 tively entitled after the union, and the ])rovisions of theirrespective 
 Acts of incorporation and by-laws, which shall apply to the united 
 comi)any ; and generally such agreement may contain all such 
 stii)ulations and provisions ns may be deemed necessary for deter- 
 mining the rights of the respective comitanies and the shareholders 
 thereof after the inuon. "* 
 
 1 ] . Whenever any agreement of amalgamation shall have been Agnpnunt to 
 made under the next preceding section, the directors of each of ",^|^'^j*'('Jj'jjj 
 the companies which it is to ati'ect shall call a special meeting of shaiehci.iiTs 
 the shareholders of the comi)anv they represent, in the manner "^ rt'spectne 
 
 •11 i- !!• 1 • • •!! ^ L 1 companies, 
 
 provided tor calhng general meetings, stating specially that sucli 
 meeting is called for the ]>urpose of considering the said agreement 
 and ratifying or disallowing the seme; and if, at such meeting of 
 each of the companies concerned, respectively, three-four'hs or 
 more of the votes of the shareholders attending the same, either 
 in person or by ])ioxy, be given for ratifying the said agreement, 
 then it shall have lull etiect accordingly, as if all the terms and 
 clauses thereof, not inconsistent with this Act, were contained in 
 an Act f)f the Parliament of Canada : Provided that no such Proviso, 
 agreement shall have any ett'ect unless it be ratified as aforesaid, 
 within three months after the passing of this Act, and be also 
 
United com- 
 panicH to fiirm 
 (II cuiitpHiiy, 
 
 ratified and approved by the Governor in Council before eitlior or 
 any of the coiujianii's hav»; conuiit'nced work upon its railway. 
 
 12. From and afti'v tho i-atlHoation of tlio apjronnicnt for their 
 union, the ('ompanius unitcil yh.xW l»o one eompany, an<l the sub- 
 scriber.H and stoekholdui's of eaeli shidl be dei'iiied subs(M'iber.s and 
 stoukiiolders ot the coiiipuuy fiU'Uied by the union, accordinfj to the 
 terms of tho agreement, wldch shall liave force and eH'ect, in so 
 lar as it is not inconsistent with this Act, or with law, as if 
 embodied in an vVet oi'the ParliamentofCanada ; and the corporate 
 name of the compan;; shall be such as jn'ovided l)y the agreement, 
 subje(!t to the provisiori hereinafter made. 
 
 13. The Government of Canada may in its discretion agree 
 with the company so formed by the union of two or more com- 
 })anies, for thf construction and working of the railway in 
 accordance Avith tliis Act. in like mannei- as with a company 
 originally inctorpoiated for the consti'iuition of the whole line oftho 
 railway: — Providinl that with whatever company such agreement 
 is made, the name of such company shall thereafter lie "The 
 (Canadian Pacific Railway Company," and the chief placeofbusiTiess 
 of the compaiiy shall be in the City of Ottawa. 
 
 14. The Comjiany with which such agreenient as aforesaid is 
 made, may, with the <'onseiit of the Governor in Council, .surrender 
 its Act or Acts of incor])oration, and accejit instead thereof a 
 chai'tur to be granted liy the Governor endtodying the agreement, 
 so much of this Act, and siu'h of the jn'ovisions of its Act iir Acts 
 of ineorjioration Jinl of the Railway Act, modified as mentioned 
 in the next following section, as may be agreed upon by the 
 Government and the company, and such charter being pvdili.shed 
 in the Ci''i(i(hr Gaj tfi\ with any Order or Onlers in Council 
 relating to it, shal', in so far as it is not inconsistent with this 
 Act, have force and effect as if it were an Act of the Parliament 
 of ( 'anada. 
 
 If there be no 15. If there bo no company, cither incorporated originally for 
 !.«?.',T,'.!.?!'?*'''' the construction of the whole line of railway or formed out of two 
 Governor may or more comjiauies as aioresaul lor tliat ])Ui'])ose, or it tiie Uovern- 
 ment cannot or does not deem it advisalilu to agree with any such 
 coni])any for the constructioi! and working of the whole line of 
 railway under this Act, oi' i.-^ of opinion that it will be more 
 advantageous for the Dominion and will better ensure the attain- 
 ment of the ]nir])0ses of this Act, that a company should bo 
 incorporated by charter as hereinafter |)rovided, — then, if tlun-e V)0 
 persons able and willing to form such com|)any, and having a 
 sul»seril)ed capital of nt least ten million dollars, se-nu'ed to the 
 satisfaction of the Governor in CouTicil, and I'eady to enter into 
 such agreenumt.-- the Governor may grant to such per.sons and 
 those who shall be associated with tliem ni the undci'taking, a 
 charter embodying the agreement made Avith such persons, (which 
 shall be binding on the company) and so much of this Act and of 
 the Railway Act (as the said Act is modified b}'- any Act of the 
 
 AKvecnient 
 may be niiufe 
 witti coiii[iuny 
 so fornieil. 
 
 CoriHTato 
 name and 
 chief Heat of 
 bii»ine»(*. 
 
 Company may 
 Kunvnder it.s 
 Act of inciir- 
 IKiiMtinn and 
 accept a 
 cliarter. 
 
 yrant a 
 charter. 
 
 Conditions on 
 whicli to lie 
 granted. 
 
 X 
 
•I 
 
 present session, vvitli lotcreiico to any railway to bo constructed 
 undor such Act, on any of the linos, or butwocii any of tlio points 
 montionod in tliis Act) as may bo a<,'rood upon l)y t'lo Government p^ ^.^ .^ . 
 
 and the company ; ami sucli chartr boin;,' published in tho Ganddd charter 
 Gazette with any Onlor or Orders in (Jniincil rehitiuj,' to it, shall, in '*" '-''^'■'^*- 
 so far as it is not inconsistent with this Act, have ibrco and effect 
 as if it were an Act of the Parliament of Canada : Provided that i'^ovitio. 
 one of the conditions of the agreement and of the charter shall be, 
 that at leastAen per cent, of tlie capital shall be paid into the hands 
 of tho Recoiw General, in money or Government securities, within 
 one month ^/kv the date of tin; charter, and shall remain in his 
 hands until otherwise ordei'cd by Parliament. 
 
 unci 
 
 1 0. Tho Government of Canada may further ayree with the Agretment 
 company with whom they shall have agreed for the construction [j'",!''""*'"""' 
 and working of the said railway, for the construction and working branches, 
 of a branch line of railway, from some point on tho railway first 
 hereinbefore mentioned, to some point on Lake Superior in British 
 territory, and for the construction and working of another branch 
 lino of railway from some point (m tho railway first mentioned, in 
 the Province of Manitoba, to some point on the line between that 
 Province and the United States of America, — the said points to bo To form p»rt 
 determined by tho Governor in Council: and such braniih lines of °^ ***" '"''^^y* 
 railway shall, when so agreed for, bo held to fonu part of the 
 railway first horeinboforo mentioned, and jiortions of " The Cana- 
 dian Pacific Railway :" and in consideration of the construction i.and grant in 
 and working of such branches a land grant in aid thereof may be Hui^b case. 
 made to tho company to such extent as shall be agreed upon by 
 the Government and the company : Provided that such land grant ♦ 
 
 shall not exceeil twenty thousand acres per mile of tho branch 
 line in Manitoba, — nor twenty-five thousand acres per mile of tho 
 branch lino to Lake Superior. 
 
 17. The Governor may from time to tinio appoint such officers superintend 
 or persons as he may see lit, to superintend the construction of tho construction of 
 said railway, and tho works connected witn it, foi the puri)oso of*'^v"'y- 
 ensuring tlie faithful performance of the agreement between tho 
 Government and tho company constructhig them, and the 
 observance of all the provisions of the charter of such company. 
 
 18. The company shall from time to time furnish such reports Jt,^^ c^^j '' „„ 
 of the progress of the work, and with such details as the Govern- 
 ment may require. 
 
 19. The expression " the Government," or " the Government of ^"^"P''''**""'^ 
 Canada " in this Act, means the Governor in Council ; and anything 
 authorized to be done under this Act by the Governor, may be 
 
 bo done by him undor an Order in Council ; and any agreement 
 
 made by .the Government with any railway company, may bo made Agi-eoment« 
 
 with a majority of tho directors dc facto of such company, and with the 
 
 being certified as so made, by the signature of the President de <'«v''""»ient. 
 
 facto of tho company, shall bo hold to bo made by the company 
 
 and have eflfect accordingly. 
 
t. 
 t. 
 
 ♦ «' '^"i-„ 
 
 ■■. -"r^ 
 
 4 
 
 V 
 
 OTTAWA: 
 PKINTKD 1)V ni.OWN CHAMTEIU-f.V, LAW I-RINTKU TO THE QUEI'.n'.S MOST 
 
 EXCELLKNT MAJESTV, 
 
 1\ 
 
 \