March 14, 1910 (11th Parliament, 2nd Session)


Robert Laird Borden (Leader of the Official Opposition)

Conservative (1867-1942)


Section 247 of the Railway Act, to which my hon. friend referred, and the general provisions of the Railway Act on which he relies, do not seem to cure the situation created by this subsection, which apparently gives the company
the right to enter on and expropriate any land without acquiring a title in fee simple. This might give the company the right to obtain an easement in any municipality without acquiring the right in fee simple. Subsection 6 of section 11 says:
In. the event of the company exercising the rights of expropriation hereby given for the purpose of acquiring land for its right of way, such land must be acquired in fee simple.
I do not know what the. effect of these two provisions read together is. I would think it extremely probable that under subsection 4 the provisions of section 247 of the Railway Act might not be of very much avail.

Topic:   EDITION.
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