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This Act is current to September 5, 2018
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Canadian Pacific Railway (Stone and Timber) Settlement Act

[SBC 2014] CHAPTER 27

Assented to November 27, 2014

Contents
1Definitions
2Extinguishment of stone reservation interests
3Extinguishment of timber reservation interests
4Land title records
5Settlement and extinguishment of claims
6Validation
7Certain actions and proceedings prohibited
8Enforcement of settlement agreement
9Offence Act
10Retroactive effect
11Repealed
12 Consequential Amendment
13Commencement
Schedule

Definitions

1   In this Act:

"CPR" means the Canadian Pacific Railway Company;

"current action" means Action No. S134003 in the Vancouver Registry of the Supreme Court;

"historic grant of railway land" means a grant or disposition of railway land by a historic railway company;

"historic railway company" means any of the following:

(a) the British Columbia Southern Railway Company;

(b) the Columbia and Kootenay Railway and Navigation Company;

(c) the Columbia and Western Railway Company;

"interest" includes a claim, estate, right or title;

"railway land" means any land

(a) that was granted by the government to a historic railway company, and

(b) that was, at the time of the grant referred to in paragraph (a), located in a district lot set out in Column 1 of the Schedule in the land district, or the division of the land district, set out opposite in Column 2;

"settlement agreement" means the settlement agreement between CPR and the government in relation to the current action;

"stone reservation" means a term or condition included in a historic grant of railway land that reserved or purported to reserve one or both of the following to the historic railway company:

(a) an interest in stone, including, without limitation, valuable or marketable stone, in, on or under the railway land;

(b) interests incidental to the interest referred to in paragraph (a), including, without limitation, interests respecting the following:

(i) ingress to and egress from the railway land;

(ii) the right, upon payment of compensation, to extract and carry away stone from the railway land;

(iii) the right to take and use the railway land to carry on operations incidental to the right referred to in subparagraph (ii) of this paragraph;

"stone reservation interest" means an interest resulting from a stone reservation;

"timber reservation" means a term or condition included in a historic grant of railway land that reserved or purported to reserve one or both of the following to the historic railway company:

(a) an interest in wood, timber or trees on the railway land;

(b) interests incidental to the interest referred to in paragraph (a), including, without limitation, interests respecting the following:

(i) ingress to and egress from the railway land;

(ii) covenants of the grantee limiting the cutting of wood, timber or trees on the railway land;

"timber reservation interest" means an interest resulting from a timber reservation.

Extinguishment of stone reservation interests

2   (1) All stone reservation interests held by CPR are extinguished.

(2) A historic grant of railway land that includes a stone reservation in respect of which the stone reservation interest is extinguished under subsection (1) must be read as if the stone reservation had not been included in the historic grant of railway land.

(3) For certainty and without limiting subsection (2), that subsection applies for the purpose of determining the extent of an interest, if any, that a person holds in railway land after the extinguishment of a stone reservation interest under subsection (1).

Extinguishment of timber reservation interests

3   (1) All timber reservation interests held by CPR are extinguished.

(2) A historic grant of railway land that includes a timber reservation in respect of which the timber reservation interest is extinguished under subsection (1) must be read as if the timber reservation had not been included in the historic grant of railway land.

(3) For certainty and without limiting subsection (2), that subsection applies for the purpose of determining the extent of an interest, if any, that a person holds in railway land after the extinguishment of a timber reservation interest under subsection (1).

Land title records

4   (1) In this section:

"owner" has the same meaning as in the Land Title Act;

"registrar" has the same meaning as in the Land Title Act.

(2) Despite any enactment, if a stone reservation interest or timber reservation interest

(a) is extinguished under section 2 (1) or 3 (1), as applicable, and

(b) remains registered under the Land Title Act in favour of a historic railway company or CPR, or any other person, against a title to railway land,

the registrar, on application by a person who is an owner in respect of the railway land, may cancel the registration of the stone reservation interest or timber reservation interest.

(3) For certainty, the following take effect without any registration or cancellation of registration under the Land Title Act:

(a) the extinguishment of a stone reservation interest or timber reservation interest under section 2 (1) or 3 (1), as applicable;

(b) any change to the extent of an interest in railway land resulting from an extinguishment referred to in paragraph (a) of this subsection.

Settlement and extinguishment of claims

5   (1) The payment of compensation by the government to CPR under the settlement agreement constitutes full and final settlement of all claims by CPR against any person, whether or not the person is named or described in the current action, in relation to any of the following matters:

(a) a matter that is raised or referred to in the current action;

(b) a matter that could have been raised or referred to in the current action;

(c) the enactment of this Act including, without limitation, the extinguishment of

(i) stone reservation interests under section 2 (1),

(ii) timber reservation interests under section 3 (1), and

(iii) claims by CPR under subsection (2) of this section.

(2) All claims by CPR against any person in relation to any matter referred to in subsection (1) are extinguished.

Validation

6   (1) In this section:

"effective date" means the date this section comes into force;

"resource instrument" means a title, grant, transfer, easement, disposition, lease, licence, permit, agreement or other instrument created or issued by, or entered into with, the government.

(2) Despite any enactment,

(a) every resource instrument that

(i) was created, issued or entered into before the effective date, and

(ii) would have been valid had stone reservations and timber reservations not been included in any historic grant of railway land

is confirmed and validated, effective on the date the resource instrument was created, issued or entered into, and

(b) the government is conclusively deemed, at the time a resource instrument referred to in paragraph (a) was created, issued or entered into, to have had the authority to create, issue or enter into the resource instrument.

(3) Despite any enactment, all things done, before the effective date, under a resource instrument or an enactment that would have been validly done

(a) had this section been in force on the day they were done, and

(b) had stone reservations and timber reservations not been included in any historic grant of railway land

are conclusively deemed to have been validly done.

Certain actions and proceedings prohibited

7   A person has no right of action and must not commence or maintain an action or other proceeding against the government for compensation or damages in relation to the enactment of this Act.

Enforcement of settlement agreement

8   For certainty, sections 5 (2) and 7 do not apply to a claim, action or proceeding by CPR or the government to enforce or determine a right or obligation under the settlement agreement.

Offence Act

9   Section 5 of the Offence Act does not apply to this Act.

Retroactive effect

10   This Act is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

Repealed

11   [Repealed 2014-27-11.]

Consequential Amendment

[Note: See Table of Legislative Changes for the status of section 12.]

Section(s)Affected Act
12 Expropriation Act

Commencement

13   This Act comes into force by regulation of the Lieutenant Governor in Council.

Schedule

(Section 1)

ItemColumn 1
District Lot
Column 2
Land District
1301AKootenay
2302AKootenay
3303Kootenay
4304Kootenay
5306Kootenay
6309Kootenay
7310Kootenay
8311Kootenay
9312Kootenay
10313Kootenay
11314Kootenay
12315Kootenay
13316Kootenay
14317Kootenay
15318Kootenay
16319Kootenay
17320Kootenay
18321Kootenay
19322Kootenay
20323Kootenay
21324Kootenay
22325Kootenay
23326Kootenay
24327Kootenay
25328Kootenay
26329Kootenay
27330Kootenay
28331Kootenay
29332Kootenay
30334Kootenay
31335Kootenay
32336Kootenay
33338Kootenay
34339Kootenay
35340Kootenay
36341Kootenay
37342Kootenay
38343Kootenay
39344Kootenay
40345Kootenay
41346Kootenay
42347Kootenay
43348Kootenay
44349Kootenay
45350Kootenay
46351Kootenay
47352Kootenay
48353Kootenay
49354Kootenay
50355Kootenay
51356Kootenay
52357Kootenay
53358Kootenay
54359Kootenay
55360Kootenay
56361Kootenay
57362Kootenay
58363Kootenay
59365Kootenay
60366Kootenay
61367Kootenay
62373Kootenay
63375Kootenay
64376Kootenay
65377Kootenay
66378Kootenay
67379Kootenay
68380Kootenay
69381Kootenay
70382Kootenay
71383Kootenay
72384Kootenay
73397Kootenay
74398Kootenay
75400Kootenay
76421Kootenay
77422Kootenay
78423Kootenay
79424Kootenay
80425Kootenay
81426Kootenay
824588Kootenay
834589Kootenay
844590Kootenay
854591Kootenay
864592Kootenay
874595Kootenay
884596Kootenay
894597Kootenay
904598Kootenay
914599Kootenay
925816Kootenay
935817Kootenay
947159Kootenay
957160Kootenay
967161Kootenay
972698Osoyoos Division of Yale
982699Osoyoos Division of Yale
992700Osoyoos Division of Yale
1002701Osoyoos Division of Yale
1012702Osoyoos Division of Yale
1022703Osoyoos Division of Yale
1032704Osoyoos Division of Yale
1042705Osoyoos Division of Yale
1052706Osoyoos Division of Yale
1062707Osoyoos Division of Yale
1072708Osoyoos Division of Yale
1082709Osoyoos Division of Yale
1092710Osoyoos Division of Yale
1102711Similkameen Division of Yale
1113635Similkameen Division of Yale
1123636Similkameen Division of Yale
1133637Similkameen Division of Yale
1143638Similkameen Division of Yale
1153639Similkameen Division of Yale