Approvals 1914

Various activities of the Dominion Atlantic Railway Company required approvals from government. This page shows approvals received in 1914.

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New Bridge for Bear River Approved by OIC 0989 of 1914

A design of a replacement for the bridge over Bear River was approved by the Government of Canada in April, 1914. The text of the Order in Council is shown for search purposes, while scans of the document are below.

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[Transcribed from a typewritten original]

P.C. 989

On a memorandum dated 7th January, 1914, from the Minister of Public Works, stating that a plan was submitted, under Section 235 of the Railway Act, by the Dominion Atlantic Railway Company, of a bridge to replace the old bridge, across the Bear River, in the County of Digby and Province of Nova Scotia;

That the District Engineer of the Department of Public Works at Halifax recommended that the plan be approved, subject to the condition that the Company would provide warping piers or dropping piers to enable vessels to pass safely through the draw span. The Chief Engineer of the Department of Public Works concurred in the District Engineer's recommendation;

That the Company accordingly submitted an amended plan No 48553-2, which provides for warping piers, and the District Engineer, with the concurrence of the Chief Engineer, has recommended that this plan be approved.

That pending the construction of the new bridge, it is necessary that the position of the lift span in the old bridge should be altered, and the Company has submitted, in this connection, a plan No B - 1 - 1261, showing the proposed change;

That the Chief Engineer of the Department of Public Works has stated that he sees no objection to approving the plan of the temporary lift span, provided that the span be removed on or before May 1, 1914;

The Minister, therefore, recommends as follows,- 1. That authority be granted to approve the attached amended plan No 48532-2 submitted by the Dominion Atlantic Railway Company of a new bridge which it proposes to build across the Bear River, in the County of Digby, in the Province of Nova Sootia;

2. That authority be granted to approve the attached plan No B - 1 - 1261, showing the location of the proposed temporary lift span in the old bridge, such approval to be subject to the condition that the said span shall be removed on or before May 1, 1914.

The Committee submit the same for approval.

[Signed:] [Illegible]

[Marked:] Approved
[Signed:] Strathearn
[Marked:] April 15th 1914

[Marginal note on page 1:] In duplicate PW, Plans 16 Apl 14

Gallery

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  Page one of the Order in Council.

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  Page two of the Order in Council.

External Links

http://central.bac-lac.gc.ca/.redirect?app=ordincou&id=311056&lang=eng

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DAR 1914 Board of Railway Commissioners for Canada Approval of Railway Rules

In 1914 a Rule Book for the Dominion Atlantic Railway was approved and distributed to employees who needed to know the rules in carrying out their duties.

This rule book was originally approved by the Board of Railway Commissioners in 1909, perhaps as a generic rule book for use of all Canadian railways, and was adopted by the DAR in 1914.

There was a process involved in getting the new Rules in place. In this step the Board of Railway Commissioners for Canada sanctioned (or approved) the use of the new Rules by the DAR as shown below:

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[Transcribed from a typewritten original.]

Order No. 21634.

THE BOARD OF RAILWAY COMMISSIONERS FOR CANADA


TUESDAY, THE 14TH DAY OF
APRIL, A. D. 1914

D'ARCY SCOTT,
Asst. Chief Commissioner.
S. J. McLean,
Commissioner.


IN THE MATTER OF the applicatian of the Dominion Atlantic Railway Company; herein-after called the 'Applicant Company', under Section 310 of the Railway Act, for a report to the Governor in Council for sanction of By-law No. 13, a certified copy of which is on file with the Board under file No. 4135.27, approving the ‘General Train and Interlocking Rules’ for observance by the Officers and employees of the Applicant Company in the operation of its railway:
File No. 4135.27


UPON the recommendation of the Chief Operating Officer Of the Board - - -
IT IS ORDERED that the said By-law No. 13, approving the said Rules, copies of which are attached, be, and it is hereby, reported to the Governor in Council for sanction.

(SGD) D'ARCY SCOTT,
Assistant Chief Commissioner,
Board of Railway Commissioners for Canada.

[Rubber stamp:]
BOARD OF RAILWAY COMMISSIONERS
FOR CANADA
Examined and certified as a true copy
under Section 23 of "The Railway
Act
[unintelligible signature]
Sec'y of Board of Railway Commissioners for Canada
Ottawa

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Gallery

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DAR 1914 Governor in Council Approval of Railway Rules OIC 1105

In 1914 a Rule Book for the Dominion Atlantic Railway was approved and distributed to employees who needed to know the rules in carrying out their duties.

This rule book was originally approved by the Board of Railway Commissioners in 1909, perhaps as a generic rule book for use of all Canadian railways, and was adopted by the DAR in 1914.

There was a process involved in getting the new Rules in place. In this step the Governor in Council (the Governor General following advice of the Federal Cabinet ("Privy Council") or a Minister in the Cabinet) sanctioned (or approved) the use of the new Rules by the DAR as shown below:

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[Transcribed from a type-written original]

P.C. 1105


AT THE GOVERNMENT HOUSE AT OTTAWA
[handwritten note:] Saturday 25 day of April 1914


PRESENT:

HIS ROYAL HIGHNESS

THE GOVERNOR GENERAL IN COUNCIL:

Whereas the Acting Minister of Railways and Canals has submitted a certified copy of on Order of the Board of Railway Commissioners for Canada, dated the 14th of April,1914, recommending for the sanction of His Royal Highness in Council, a certain By-Law, No.13, of the Dominion Atlantic Railway Company, passed at a meeting of the Board of Directors of the Company held on the 26th of March, 1914, adopting certain Train and Interlocking Rules, governing their employees.

And Whereas the Acting Minister of Railways and Canals recommends that the said By-Law be sanctioned;

Therefore His Royal Highness the Governor General in Council is pleased to sanction and doth hereby sanction the said By-Law, accordingly.


[Signature of an unknown person appears above the signature of
the then Governor General, Prince Arthur, Duke of Connaught and Strathearn]

Gallery

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  DAR 1914 OIC 1105 Sanction of Railway Rules

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Order in Council 1522 - New Little Joggins Bridge - No Swing Span

Construction near or over "Navigable Waters" (typically a river or estuary) required approval of the Government of Canada in the interests of, at least, ensuring shipping was able to continue to use the watercourse.

In 1911, the DAR requested approval for a new crossing of the Little Joggins River. For reasons now unknown this request was not approved until 1914. The main question regarded replacement of an existing swing span with a fixed span. The original swing span had never been opened in 20 years of existence (presuming not including testing when first complete). Approval was granted in a Federal Order in Council number 1522 of the year 1914. (Orders in Council are numbered beginning from number 1 each calendar year.)

Below is the text of the approval. The application included a profile of the proposed crossing which showed construction of a considerable amount of fill with a two-span truss bridge.

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[Transcribed from a type-written original]

P.C.1522


The Committee of the Privy Council have had before them a report, dated 27th May,1914, from the Minister of Public Works, stating that on July 29th,1911, the Dominion Atlantic Railway Company submitted for approval, under Section 233 of the Railway Act, a plan showing the proposed replacement by a fixed bridge of their swing bridge over the Little Joggins River, County of Digby,N.S.

The Minister observes that the District Engineer of the Department of Public Works at Halifax reported that at high tide the river was navigable above the bridge for boats and small craft, but that at low tide the area bounded by high water mark and the bridge was not navigable for craft of any size. He said further, that the draw span in the old bridge had never been opened since it was built some 20 years ago, and that in his opinion there was no need for a moveable span;

That one of the Supervising Engineers of the Department of Public Works was recently instructed to report with regard to the proposed new bridge, and he has stated under date of May 8,1914, that there is nothing above the bridge site at the present time to necessitate a swing span, and that unless some industry is started in the future there will never be any use for such a span;

That the Chief Engineer of the Public Works Department has recomended that the attached plan submitted on July 29th,1914, be approved subject to the condition that the Company shall replace the fixed span with a drawspan immediately upon receiving a request from the Department of Public Works to do so, as the stream crossed is considered by the Department as being navigable water. It is further provided that the Company shall remove:any material which has fallen or been deposited in the channel in the vicinity of this crossing.

The Committee, on the recommendation of the Minister of Public Works, advise that authority be granted to approve the attached plan No. 44374, submitted by the Dominion Atlantic Railway Company, of the proposed replacement of their present swing bridge over the Little Joggins River, Digby County,N.S.,by a.fixed structure, such approval to be subject to the condition that the Company shall, if called upon to do so in future by the Department of Public Works of Canada in the interest of navigation; insert at once at their expense, a draw span in the bridge, of a type to be approved by the Department of Public Works, such draw span to have a minimum clear opening of 30' ; and further that the Company shall at their expense remove any deposits which have fallen into the channel in the vicinity of the bridge.

[Signed:] [Illegible]

[Marked:] Approved
[Signed:] [Illegible]
[Marked:] June 12th 1914

[Marginal note:] In duplicate P W 13 June 14

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Gallery

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  Scan of page one of the OIC 1522 Memo.

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  Scan of page two of the OIC 1522 document. Official approval.

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  Scan of page three of the OIC 1522 document. Supporting information - drawing.

External Links

http://central.bac-lac.gc.ca/.redirect?app=ordincou&id=311565&lang=eng

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Order in Council 2059 - New Lease of the Windsor Branch

In 1913, the DAR-held lease of the Windsor Branch between Windsor and Windsor Junction would expire at the end of December. A new lease was negotiated which included considerable new expenditure by the DAR on the branch. The lease was for 99 years at an annual rate of $22,500. The approval was granted in a Federal Order in Council number 1692 of the year 1913. (Orders in Council are numbered beginning from number 1 each calendar year.) The terms of the lease required that the contract be approved by the Parliament of Canada and by the Governor in Council. Order in Council 2059 was the first approval of the draft terms of the lease agreement by The Governor General. Other steps were to follow, as shown below by Order in Council 2769 after a Special General Meeting of the shareholders of the Dominion Atlantic Railway Company.

Below is the text of the Order in Council approval of the draft agreement and draft text of the lease agreement. The draft versions appear below. There appear to be only minor differences between the draft and final versions.

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[Transcribed from a type-written original.]

P. C. 2059.

At the Government House at Ottawa, Thursday 6th day of August 1014

Present:—
His Royal Highness
the Governor Generalbr> in Council:
WHEREAS by an Order in Council, dated 8th August, 1915, authority was granted for leasing to the Dominion Atlantic Railway Company the Windsor Branch Railway, from Windsor to Windsor Junction, N. S., subject to the grant of the necessary legislative authority by Parliament, which authority it is understood that the Government and the Company will endeavour to obtain, and subject to confirmation by the votes of the shareholders of the Company, and to approval by the Governor in Council of the terms of such lease:

AND WHEREAS, under date of 27th July, 1914, an agreement, dated 1st January, 1914, for such lease has been sent in by the Canadian Pacific Railway Company, which agreement has been executed by the Dominion Atlantic Railway Company and it is asked that it be executed on behalf of His Majesty;

AND WHEREAS this agreement purports to be made between His Majesty, represented by the Minister or Railways and canals, and the said Dominion Atlantic Railway Company.

AND WHEREAS it provides that a lease shall be executed in the form thereto attached, and it is made subject
"to the said lease being approved by the Governor
"in Council and being confirmed and adopted by two-thirds
"of the votes of the shareholders of the Dominion Atlantic
"present and represented at an Annual Meeting or Special
"Meeting duly called for that purpose and further subject
"to His Majesty and the Dominion Atlantic obtaining the
"necessary legislative confirmation of the said lease."

AND WHEREAS the Department of Justice have verbally advised that they see no objection to the execution or this agreement; but that the lease itself should not be completed by the Department until the approval of the Governor in Council and of two-thirds vote of the shareholders has been given, and the necessary legislative confirmation procured;

AND WHEREAS the draft lease attached to the said agreement has been approved by the General Manager of Government Railways;
THEREFORE the Governor General in Council is pleased to authorise and doth hereby authorise the Minister of Railways and Canals to execute the said agreement (herewith) on behalf of His Majesty.

[Signed:] R.L. Borden
[Marked:] Approved
[Signed:] Strathern
[Marked:] Aug. 6th 1914

[Marginal note:] To R&C with annex 6 Aug 1914
[Marginal note:] To R&C by request, 10 [illegible] '14
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Gallery

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  Scan of page one of the OIC 2059 Memo.

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  Scan of page two of the OIC 2059 document. Approvals.

External Links

http://central.bac-lac.gc.ca/.redirect?app=ordincou&id=312104&lang=eng

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1914 Windsor Branch Agreement for a New Lease

[Transcribed from a printed original.]

This Indenture, made this first day of January in the year of our Lord, One thousand nine hundred and fourteen, Between HIS MAJESTY KING GEORGE THE FIFTH, herein represented and acting by the Honourable the Minister of Railways and Canals of the Dominion of Canada and hereinafter referred to as “His Majesty” of the First Part and THE DOMINION ATLANTIC RAILWAY COMPANY, hereinafter called “the Dominion Atlantic” of the Second Part.

WHEREAS His Majesty owns a line of railway extending from Windsor to Windsor Junction in the Province of Nova Scotia a distance of about thirty-two miles and hereinafter referred to as the Windsor Branch, which has been heretofore maintained by His Majesty and operated by the Dominion Atlantic under an Agreement between them dated thirteenth day of December, One thousand eight hundred and ninety-two, which expired on the thirty first day of December, One thousand nine hundred and thirteen;

AND WHEREAS it is estimated that it is necessary to expend approximately three hundred thousand dollars upon the Windsor Branch in order to put it in proper and satisfactory condition to handle traffic in a safe and economical manner;

AND WHEREAS it has been agreed between the parties hereto that the expenditure hereinbefore referred to shall be made by the Dominion Atlantic and that the Dominion Atlantic shall hereafter maintain and continue to operate the Windsor Branch;

NOW THIS INDENTURE WITNESSETH that in consideration of the premises and of the mutual covenants and agreements hereinafter contained the parties hereto do hereby mutually covenant and agree as follows, that is to say :—

1. That His Majesty shall by Indenture of lease to be executed by the Honourable the Minister of Railways and Canals of the Dominion of Canada under Seal, demise and set over unto the Dominion Atlantic the Windsor Branch and all the real and personal property and appurtenances of whatsoever nature thereunto belonging or appertaining or used or intended to be used in connection therewith free from all liability in respect of such real and personal property and appurtenances and from all financial charge or encumbrance of any kind whatsoever for a term of ninety-nine years at the rent and upon the terms more fully set forth in the said Lease, which Lease shall be in the form hereto attached and shall be executed by both parties thereto and delivered as soon as possible.

2. That the Dominion Atlantic shall thereupon take over the Windsor Branch and continue to operate it and shall find and provide all such rolling stock, tools and furniture as may from time to time be necessary for the requirements of traffic thereon.

3. That this Indenture is made subject to the said lease being approved by the Governor-in-Council and being confirmed and adopted by two-thirds of the votes of the shareholders of the Dominion Atlantic present and represented at an Annual Meeting or Special Meeting duly called for that purpose and further subject to His Majesty and the Dominion Atlantic obtaining the necessary legislative confirmation of the said Lease.

4. That nothing contained either in this Indenture or the Lease herein referred to shall be deemed to take away, diminish or in any wise affect any right, easement, or privilege which the Dominion Atlantic now has or enjoys in, upon, along, over or in respect of the Windsor Branch and other property hereinbefore referred to.

5. That this Indenture shall be binding upon and enure to the benefit of the parties hereto, their and each of their successors, lessees and assigns.

IN WITNESS WHEREOF these presents have been signed and sealed by the said Minister and countersigned by the Secretary of the Department of Railways and Canals and the Dominion Atlantic has hereunto caused its Corporate Seal go be affixed under the hands of its Officials below named.

Witness:
Dominion Atlantic Railway Company
(sgd) T. G. Shaughnessy
President
(sgd) H. G. Oswald
Secretary

Minister of Railways and Canals

Gallery

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  Agreement for Lease text page 1.

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  Agreement for Lease text page 2.

External Links

http://central.bac-lac.gc.ca/.redirect?app=ordincou&id=312104&lang=eng

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1914 Windsor Branch Draft Lease Agreement

[Transcribed from a printed original.]

This Indenture, made this _ _ _ _ _ day of _ _ _ _ _ , One thousand nine hundred and _ _ _ _ _ ,between HIS MAJESTY KING GEORGE THE FIFTH, herein acting and represented by the Honourable the Minister of Railways and Canals of the Dominion of Canada, and hereinafter called the “Lessor” of the First Part, and the DOMINION ATLANTIC RAILWAY COMPANY, hereinafter called the “Lessee” of the Second Part;

WHEREAS the Lessor owns a line of railway extending from Windsor to Windsor Junction in the Province of Nova Scotia, hereinafter more particularly described and referred to as the “Windsor Branch,” which has been heretofore maintained by the Lessor and operated by the Lessee, under an Agreement Number 11400, dated the thirteenth day of December, One thousand eight hundred and ninety-two, and made between Her late Majesty Queen Victoria, represented therein by the Minister of Railways and Canals of Canada, of the first part, and the Windsor and Annapolis Railway Company, Limited, of the second part, under which agreement certain running rights were granted by the party of the first part to the party of the second part over the Intercolonial Railway between the terminals at Halifax and Windsor Junction both inclusive and the Intercolonial Railway between Windsor Junction and the Junction of the said railway with that of the Windsor and Annapolis Railway Company, Limited, at or near Windsor, subject to the terms and conditions therein set out, and during the term of twenty-one (21) years from the first day of January, One thousand eight hundred and ninety-three, all of which by reference to the said agreement will at length and more fully appear;

AND WHEREAS the Lessee acquired the rights of the Windsor and Annapolis Railway Company, Limited, under the agreement Number 11400, hereinbefore referred to, by an agreement dated the thirty-first day of December, One thousand eight hundred and ninety-five, and made between the said Railway Companies, Schedule to the Statutes of Canada (63-64 Victoria, Chapter 59);

AND WHEREAS the Lessor and the Lessee have agreed by Indenture dated the first day of January, One thousand nine hundred and fourteen, that the Lessor shall lease to the Lessee the Windsor Branch for the period and upon the terms and conditions in the said Indenture and hereinafter specified;

AND WHEREAS the Governor-General-in-Council has by Order-in-Council passed on the _ _ _ _ _ day of _ _ _ _ _ , One thousand nine hundred and fourteen, duly approved of the form of this lease and authorized the execution thereof on behalf of His Majesty by the Honourable the Minister of Railways and Canals;

AND WHEREAS at an Annual Meeting of the Shareholders of the Lessee duly called and held at its Head Office in the City of Montreal on the _ _ _ _ _ day of _ _ _ _ _ One thousand nine hundred and fourteen, the Shareholders of the Lessee by two-thirds of the votes present or represented at such Annual Meeting resolved that the Lessee should lease from the Lessor the railway of the Lessor hereinafter described upon the terms and conditions in this Indenture contained;

NOW THEREFORE THIS IN DENTURE WITNESSETH that in consideration of the covenants on the part of the Lessee hereinafter contained, the Lessor doth hereby grant, let and demise to the Lessee. its successors and assigns, that portion of the Intercolonial Railway known as the Windsor Branch, extending from its point of connection with the main line of the Intercolonial Railway at Windsor Junction, through the Counties of Halifax and Hants a distance of about thirty-two (32) miles to a point of connection with a portion of the Dominion Atlantic Railway, formerly known as the Windsor and Annapolis Railway, at or near Windsor, all in the Province of Nova Scotia, together with all the appurtenances, including amongst other things all tracks, sidings, water tanks, water rights, turntables, land, stations, station grounds. freight houses, buildings, erections and structures of every kind and all other real and personal property of every kind whatsoever now owned or controlled by the Lessor or by any Board, Commission or Trustee for the Lessor and used or intended for use upon or in connection with the said railway, and including also full right and authority to use and enjoy the terminal facilities of the Lessor at Windsor Junction aforesaid in the same manner and to the same extent as the same are now used and enjoyed by the Lessee under the agreement between the parties hereto dated the thirteenth day of December, One thousand eight hundred and ninety-two (subject, however, to the right of the Lessor to grant similar privileges from time to time in respect to the use of such terminal facilities at Windsor Junction to any other Railway Company or Companies, provided that such use by any such other Railway Company or Companies shall in no way interfere with the full and proper use and enjoyment of such facilities by the Lessee), all of which Windsor Branch, real and personal property and appurtenances, right and authority are hereinafter called “the demised railway;”

TO HAVE AND TO HOLD the same and every part thereof unto the Lessee, its successors and assigns for and during the term of ninety-nine years, to be computed from the date of these presents, and from thence next ensuing and fully to be complete and ended free from all charges or encumbrances of any kind whatsoever, YIELDING AND PAYING THEREFOR to the Lessor and his successors and assigns yearly and every year during the said term the annual rent which the Lessee hereinafter covenants to pay, such rent to be paid at the respective days and times and in the manner and upon the terms and conditions hereinafter specified.

THE LESSOR FOR HIMSELF AND HIS SUCCESSORS DOTH HEREBY COVENANT WITH THE LESSEE, ITS SUCCESSORS AND ASSIGNS AS FOLLOWS, THAT IS TO SAY:—

1. That the Lessor will not at any time hereafter without the consent of the Lessee given in writing, under its Corporate Seal, issue any bond or debenture or create any other financial obligation which would at any time be an encumbrance on the demised railway or any part thereof.

2. That subject to the provisions of the Expropriation Act, the Lessor shall, from time to time, during the said term, when called upon by the Lessee so to do, acquire increased areas of land along the railway at points designated by the Lessee for station grounds, right of way, protection against snow, sidings and other railway purposes of whatsoever nature, and from and after the date or dates of the Lessor so acquiring such increased area or areas, the Lessee shall in addition to the rental hereinafter provided for on the part of the Lessee to be paid to the Lessor under this lease, pay annually during the unexpired term of this lease an additional rental to be determined at the rate of interest of four per centum per annum, upon such sum or sums of money which the Lessor upon his determination shall pay in compensation for such increased area or areas; provided that the Lessee shall have the conduct of all proceedings necessary for the acquisition of such increased area or areas, and that any agreement for the conveyance to the Lessor of any such lands and also the conveyance thereof shall be subject to the approval of the Lessee; and provided further that such increased area or areas when so acquired by the Lessor for the purposes of the Lessee shall forthwith and during the unexpired term of this lease be and become lands under the giant, lease and demise covered by and subject to the provisions of this lease;

3. That the Lessor will at the request of the Lessee cause any such document in writing by way of supplemental lease or leases as may be necessary in order to give full effect to the provisions of the next preceding clause covering additional lands acquired by the Lessor for the Lessee thereunder, to be duly executed and will do or cause to be done such acts, matters and things, other than the expenditure Of monies upon the said railway except in the acquisition of additional lands, as and when the same may be necessary for the carrying out and giving effect to this lease and during the said term the Lessee shall have full power and authority to maintain and operate the demised railway and every part thereof, and may, from time to time, make and enforce such lawful rules, regulations and by-laws touching or concerning the running and operation of the demised railway as may be necessary for the efficient and advantageous administration, management and operation thereof, and for the preservation of order thereon, and may subject to any order of the Board of Railway Commissioners for Canada in that behalf, from time to time, fix and regulate, And amend and alter the tariff of rates and tolls to be exacted for the carriage of freight and passengers over the demised railway.

4. That the Lessee paying the rent and observing the provisions of this lease and all covenants on its part to be fufilled, shall have peaceable and undisturbed possession of the demised railway and the properties, rights and franchises Hereby demised during the said term. without any lawful interruption by the Lessor or any other person or persons whomsoever.

AND THE LESSEE COVENANTS WITH THE LESSOR, HIS SUCCESSORS AND ASSIGNS, AS FOLLOWS, THAT IS TO SAY:—

5. That during the said term the Lessee will, subject as hereinafter mentioned. pay to the Lessor by way of rent the annual sum of Twenty-two thousand five hundred dollars payable in equal quarterly payments of Five thousand six hundred and twenty-five dollars each on the last days of _ _ _ _ _ and _ _ _ _ _ in each year in respect of the quarter ending on each such last day, the first of such payments to become due and be made on the last day of March, One thousand nine hundred and _ _ _ _ _

6. That the Lessee will, during the said term, provide and run over the demised railway duly equipped trains for the carriage of passengers and freight, as frequently as shall be necessary for the traffic of the country through which the demised railway is constructed and except during the period of a strike (if any occur) amongst the Lessee's employees, or unless some accident prevent it, will run at least one train carrying passengers each way daily except Sunday and generally will operate and work the demised railway so as to secure therefor as much traffic and revenue as is possible, within such limits of expenditure as would be adopted by any well managed railway company working the same entirely on its own account.

7. That the Lessee will during the said term protect the lessor against any loss, damage or claim that may arise in working the demised railway under this lease, and will do and perform all acts, conditions, matters and things lawfully required in respect of the demised railway.

8. That as soon as practicable hereafter the lessee will at its own expense do all such work and furnish all such materials as may be necessary to put the demised railway in proper and satisfactory condition to handle traffic in a safe and economical manner provided that the expenditure which the Lessee shall he obliged to make under this paragraph shall not exceed approximately the sum of three hundred thousand dollars

9. That during the said term the Lessee will keep and maintain the demised railway in good repair and condition and at the expiration or other determination of the said term the Lessee will yield up the demised railway to the Lesser in as good general plight and condition as the same was at the commencement of the said lease, provided always that with respect to personal property the Lessee shall only be required to either yield up that which it shall receive from the Lessor or other personal property of equal value.

10. In the event of non-payment when due of any one quarter’s rent under this lease it shall he lawful for the Lessor to distrain for the same, but nothing in this lease shall be read or construed as in any degree limiting the Lessor in respect of right of action against the Lessee under any legal proceedings or otherwise to recover rental outstanding and unpaid on the part of the Lessee at any time or times whatsoever and no condoning, excusing or overlooking by the Lessor or any person or persons acting on his behalf on previous occasions, of breach or default similar to that for which action is taken or power exercised or forfeiture is claimed or enforced against the Lessee shall be taken to operate as a waiver of any provision of this lease or to defeat or prejudice in any way the rights of the Lessor hereunder.

11. Provided always and it is expressly agreed hereby that if the rent hereby reserved or payable hereunder or any part thereof, shall be unpaid and shall remain unpaid for ninety days after notice in writing of such default shall be given to the Lessee, although no formal demand shall have been made therefor, or in case of the breach or non-performance of any of the covenants or agreements herein contained on the part of the Lessee and the continuance of such breach after thirty days’ notice thereof in writing then, and in either of such cases, it shall be lawful for the Lessor or his assigns to annul and set aside this lease and to declare the same to be forfeited and at an end, and to enter into possession of the demised railway, and to have again, repossess and enjoy the same as of his former estate, anything herein contained to the contrary notwithstanding.

12. Provided further and it is expressly agreed hereby that, if upon the expiration or other termination of the term hereby granted, no renewal thereof is agreed upon, then and in that event the Lessor shall pay to the Lessee a sum equal to the aggregate all the moneys which shall be expended by the Lessee with the approval of the Lessor, on capital or improvement account in connection with the demised railway at any time during the twenty-?ve years next preceding such expiration or determination.

13. That the Lessee, subject to the provisions of this agreement, shall from the date of execution and delivery thereof and during the term thereby granted, stand in the place of the Lessor in respect of all leases as to rights and privileges on the Windsor Branch, heretofore granted by or on behalf of the Lessor, receiving the rentals therefor to the advantage of the Lessee.

14. That no assignment, transfer or sub-lease of these presents shall be valid or effectual unless and until the same is submitted to the said Minister and his consent thereto and approval of the terms thereof obtained in writing thereon nor until a duplicate original of such assignment, transfer or sub-lease is ?led in the Department of Railways and Canals at Ottawa.

15. That this lease shall not be binding upon the parties hereto until submitted to, and ratified by the Parliament of Canada.

IN WITNESS WHEREOF the Lessor has caused these presents to be signed and sealed by the said Minister and countersigned by the Secretary of the Department of Railways and Canals, and the Lessee has caused to be set hereto its corporate seal and the signature of its Official below named.

Gallery

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  Draft Lease agreement text page 1.

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  Draft Lease agreement text page 2.

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  Draft Lease agreement text page 3.

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  Draft Lease agreement text page 4.

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  Draft Lease agreement text page 5.

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  Draft Lease agreement text page 6.

External Links

http://central.bac-lac.gc.ca/.redirect?app=ordincou&id=312814&lang=eng

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Order in Council 2769 - New Lease of the Windsor Branch

In 1913, the DAR-held lease of the Windsor Branch between Windsor and Windsor Junction would expire at the end of December. A new lease was negotiated which included considerable new expenditure by the DAR on the branch. The lease was for 99 years at an annual rate of $22,500. The approval was granted in a Federal Order in Council number 1692 of the year 1913. (Orders in Council are numbered beginning from number 1 each calendar year.) The terms of the lease required that the contract be approved by a Special General Meeting of the Dominion Atlantic Railway Company. This meeting was not held until October 6, 1914, when the proposed lease was approved by the shareholders.

The lease agreement then had to be approved by an Order in Council. This was granted on November 4, 1914 by Order in Council 2769.
Below is the text of the approval and the text of the lease agreement.

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[Transcribed from a typewritten original.]

P. C. 2769


The Committee of the Privy Council have had before them a report, dated 31st October, 1914, from the Minister of Railways and Canals, representing that by an Order in Council, dated 6th August, 1914, authority was given for the execution by the Minister of Railways and Canals of an agreement with the Dominion Atlantic Railway Company ( a draft of which, accompanied by a draft of the proposed lease itself, was attached to the said order), being for the leasing by the Government to the Company, for a term of ninety-nine years from the 1st January, 1914, of the Windsor Branch Railway, from Windsor to Windsor Junction, N.S., at an annual rental of $22,500, payable quarterly. The draft lease was approved by the General Manager of Government Railways. This agreement was duly executed by the Company and the Minister of Railways and Canals. It contains the following provision:-

"5. That this Indenture is made subject to the said lease being approved by the Governor in Council and being confirmed and adopted by two-thirds of the votes of the shareholders of the Dominion Atlantic present and represented at an annual Meeting or Special Meeting duly called for that purpose and further subject to his Majesty and the Dominion Atlantic obtaining the necessary legislative confirmation of the said Lease."

The Minister states that the terms and conditions of the proposed lease have been approved by the shareholders of the Dominion Atlantic Railway Company at a special meeting held on the 6th of October, 1914.

That the proposed lease dates from the 1st January, 1914, the term of the previous agreement under which the Company have been operating this branch having expired on the 31st December, 1913.

The Minister submits the said draft lease and recommends that the same be approved and that he be authorized to execute it on behalf of His Majesty.

The Committee concur in the foregoing and submit the same for approval.

[Signed:] [Illegible]

[Marked:] Approved
[Signed:] [Illegible]
[Marked:] Nov. 4th 1914

[Marginal note on page one:] To R&C, Industries, 4 Nov. 14
[Marginal note on page one:] To R&C, ([illegible]) by request 10 " "

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Gallery

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  Scan of page one of the OIC 2769 Memo.

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  Scan of page two of the OIC 2769 document. Approvals.

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1914 Windsor Branch Lease Agreement

This Indenture, made this first day of January, One thousand nine hundred and fourteen, between HIS MAJESTY KING GEORGE THE FIFTH, herein acting and represented by the Honourable the Minister of Railways and Canals of the Dominion of Canada, and hereinafter called the “Lessor” of the First Part, and the DOMINION ATLANTIC RAILWAY COMPANY, hereinafter called the “Lessee ” of the Second Part;

WHEREAS the Lessor owns a line of railway extending from Windsor to Windsor Junction in the Province of Nova Scotia, hereinafter more particularly described and referred to as the “Windsor Branch,” which has been heretofore maintained by the Lessor and operated by the Lessee, under an Agreement Number 11400, dated the thirteenth day of December, One thousand eight hundred and ninety-two, and made between Her late Majesty Queen Victoria, represented therein by the Minister of Railways and Canals of Canada, of the first part, and the Windsor and Annapolis Railway Company, Limited, of the second part, under which agreement certain running rights were granted by the party of the first part to the party of the second part over the Intercolonial Railway between the terminals at Halifax and Windsor Junction both inclusive and the Intercolonial Railway between Windsor Junction and the Junction of the said railway with of the Windsor and Annapolis Railway Company, Limited, at or near Windsor, subject to the terms and conditions therein set out, and during the term of twenty-one (21) years from the first day of January, One thousand eight hundred and ninety-three, all of which by reference to the said agreement will at length and more fully appear;

AND WHEREAS the Lessee acquired the rights of the Windsor and Annapolis Railway Company, Limited. under the agreement Number 11400, hereinbefore referred to, by an agreement dated the thirty-first day of December, One thousand eight hundred and ninety-five, and made between the said Railway Companies, Schedule to the Statutes of Canada (63-64 Victoria, Chapter 59);

AND WHEREAS the Lessor and the Lessee have agreed by Indenture dated the first day of January, One thousand nine hundred and fourteen, that the Lessor shall lease to the Lessee the Windsor Branch for the period and upon the terms and conditions in the said Indenture and hereinafter specified;

AND WHEREAS the Governor-General-in-Council has by Order-in-Council passed on the _ _ _ _ day of _ _ _ _, One thousand nine hundred and fourteen, duly approved of the form of this lease and authorized the execution thereof on behalf of His Majesty by the Honourable the Minister of Railways and Canals;

AND WHEREAS at a Special General Meeting of the Shareholders of the Lessee duly called and held at its Head Office in the City of Montreal on the day of One thousand nine hundred and fourteen, the Shareholders of the Lessee by two-thirds of the votes present or represented at such Annual Meeting resolved that the Lessee should lease from the Lessor the railway of the Lessor hereinafter described upon the terms and conditions in this Indenture contained;

NOW THEREFORE THIS INDENTURE WITNESSETH that in consideration of the covenants on the part of the Lessee hereinafter contained, the Lessor doth hereby grant, let and demise to the Lessee, its successors and assigns, that portion of the Intercolonial Railway known as the Windsor Branch, extending from its point of connection with the main line of the Intercolonial Railway at Windsor Junction, through the Counties of Halifax and Hants a distance of about thirty-two (32) miles to a point of connection with a portion of the Dominion Atlantic Railway, formerly known as the Windsor and Annapolis Railway, at or near Windsor, all in the Province of Nova Scotia, together with all the appurtenances, including amongst other things all tracks, sidings, water tanks, water rights, turntables, land, stations, station grounds, freight houses, buildings, erections and structures of every kind and all other real and personal property of every kind whatsoever now owned or controlled by the Lessor or by any Board, Commission or Trustee for the Lessor and used or intended for use upon or in connection with the said railway. and including also full right and authority to use and enjoy the terminal facilities of the Lessor at Windsor Junction aforesaid in the same manner and to the same extent as the same are now used and enjoyed by the Lessee under the agreement between the parties hereto dated the thirteenth day of December, One thousand eight hundred and ninety-two (subject, however, to the right of the Lessor to grant similar privileges from time to time in respect lo the use of such terminal facilities at Windsor Junction to any other Railway Company or Companies, provided that such use by any such other Railway Company or Companies shall in no way interfere with the full and proper use and enjoyment of such facilities by the Lessee), all of which Windsor Branch, real and personal property and appurtenances, right and authority are hereinafter called “the demised railway;”

TO HAVE AND TO HOLD the same and every part thereof unto the Lessee, its successors and assigns for and during the term of ninety-nine years, to be computed from the date of these presents, and from thence next ensuing and fully to be complete and ended free from all charges or encumbrances of any kind whatsoever, YIELDING AND PAYING THEREFOR to the Lessor and his successors and assigns yearly and every year during the said term the annual rent which the Lessee hereinafter covenants to pay, such rent to be paid at the respective days and times and in the manner and upon the terms and conditions hereinafter specified.

THE LESSOR FOR HIMSELF AND HIS SUCCESSORS DOTH HEREBY COVENANT WITH THE LESSEE, ITS SUCCESSORS AND ASSIGNS AS FOLLOWS, THAT IS TO SAY:—

1. That the Lessor will not at any time hereafter without the consent of the Lessee given in writing, under its Corporate Seal, issue any bond or debenture or create any other financial obligation which would at any time be an encumbrance on the demised railway or any part thereof.

2. That subject to the provisions of the Expropriation Act, the Lessor shall, from time to time, during the said term, when called upon by the Lessee so to do, acquire increased areas of land along the railway at points designated by the Lessee for station grounds, right of way, protection against snow, sidings and other railway purposes of whatsoever nature, and from and after the date or dates of the Lessor so acquiring such increased area or areas, the Lessee shall in addition to the rental hereinafter provided for on the part of the Lessee to be paid to the Lessor under this lease, pay annually during the unexpired term of this lease an additional rental to be determined at the rate of interest of four per centum per annum, upon such sum or sums of money which the Lessor upon his determination shall pay in compensation for such increased area or areas, provided that the Lessee shall have the conduct of all proceedings necessary for the acquisition of such increased area or areas, and that any agreement for the conveyance to the Lessor of any such lands and also the conveyance thereof shall be subject to the approval of the Lessee; and provided further that such increased area or areas when so acquired by the Lessor for the purposes of the Lessee shall forthwith and during the unexpired term of this lease be and become lands under the grant, lease and demise covered by and subject to the provisions of this lease;

3. That the Lessor will at the request of the Lessee cause any such document in writing by way of supplemental lease or leases as may he necessary in order to give full effect to the provisions of the next preceding clause covering additional lands acquired by the Lessor for the Lessee thereunder, to be duly executed and will do or cause to be done such acts, matters and things, other than the expenditure of monies upon the said railway except in the acquisition of additional lands, as and when the same may be necessary for the carrying out and giving effect to this lease and during the said term the Lessee shall have full power and authority to maintain and operate the demised railway and every part thereof, and may, from time to time, make and enforce such lawful rules, regulations and by-laws touching or concerning the running and operation of the demised railway as may he necessary for the efficient and advantageous administration, management and operation thereof, and for the preservation of order thereon, and may subject to any order of the Board of Railway Commissioners for Canada in that behalf, from time to time, fix and regulate, and amend and alter the tariff of rates and tolls to be exacted for the carriage of freight and passengers over the demised railway.

4. That the Lessee paying the rent and observing the provisions of this lease and all covenants on its part to be fulfilled, shall have peaceable and undisturbed possession of the demised railway and the properties, rights and franchises hereby demised during the said term, without any lawful interruption by the Lessor or any other person or persons whomsoever.

AND THE LESSEE COVENANTS WITH THE LESSOR, HIS SUCCESSORS AND ASSIGNS, AS FOLLOWS, THAT IS TO SAY:—

5. That during the said term the Lessee will, subject as hereinafter mentioned, pay to the Lessor by way of rent the annual sum of Twenty-two thousand five hundred dollars payable in equal quarterly payments of Five thousand six hundred and twenty-five dollars each on the last days of _ _ _ _ _ and _ _ _ _ _ in each year in respect of the quarter ending on each such last day, the first of such payments to become due and be made on the last day of March, One thousand nine hundred and _ _ _ _ _

6. That the Lessee will, during the said term, provide and run over the demised railway duly equipped trains for the carriage of passengers and freight, as frequently as shall be necessary for the traffic of the country through which the demised railway is constructed and except during the period of a strike (if any occur) amongst the Lessee’s employees, or unless some accident prevent it, will run at least one train carrying passengers each way daily except Sunday and generally will operate and work the demised railway so as to secure therefor as much traffic and revenue as is possible, within such limits of expenditure as would be adopted by any well managed railway company working the same entirely on its own account.

7. That the Lessee will during the said term protect the lessor against any loss, damage or claim that may arise in working the demised railway under this lease, and will do and perform all acts, conditions, matters and things lawfully required in respect of the demised railway.

8. That as soon as practicable hereafter the lessee will at its own expense do all such work and furnish all such materials as may he necessary to put the demised railway in proper and satisfactory condition to handle traffic in a safe and economical manner provided that the expenditure which the Lessee shall be obliged to make under this paragraph shall not exceed approximately the sum of three hundred thousand dollars.

9. That during the said term the Lessee will keep and maintain the demised railway in good repair and condition and at the expiration or other determination of the said term the Lessee will yield up the demised railway to the Lessor in as good general plight and condition as the same was at the commencement of the said lease, provided always that with respect to personal property the Lessee shall only be required to either yie1d up that which it shall receive from the Lessor or other personal property of equal value.

10. In the event of non-payment when due of any one quarter’s rent under this lease it shall be lawful for the Lessor to distrain for the same, but nothing in this lease shall be read or construed as in any degree limiting the Lessor in respect of right of action against the Lessee under any legal proceedings or otherwise to recover rental outstanding and unpaid on the part of the Lessee at any time or times whatsoever and no condoning, excusing or overlooking by the Lessor or any person or persons acting on his behalf on previous occasions, of breach or default similar to that for which action is taken or power exercised or forfeiture is claimed or enforced against the Lessee shall be taken to operate as a waiver of any provision of this lease or to defeat or prejudice in any way the rights of the Lessor hereunder.

11. Provided always and it is expressly agreed hereby that if the rent hereby reserved or payable hereunder or any part thereof, shall be unpaid and shall remain unpaid for ninety days after notice in writing of such default shall be given to the Lessee, although no formal demand shall have been made therefor, or in case of the breach or non-performance of any of the covenants or agreements herein contained on the part of the Lessee and the continuance of such breach after thirty days’ notice thereof in writing then, and in either of such cases, it shall be lawful for the Lessor or his assigns to annul and set aside this lease and to declare the same to be forfeited and at an end, and to enter into possession of the demised railway, and to have again, repossess and enjoy the same as of his former estate, anything herein contained to the contrary notwithstanding.

12. Provided further and it is expressly agreed hereby that, if upon the expiration or other termination of the term hereby granted. no renewal thereof is agreed upon, then and in that event the Lessor shall pay to the Lessee a sum equal to the aggregate of all the moneys which shall be expended by the Lessee with the approval of the Lessor, on capital or improvement account in connection with the demised railway at any time during the twenty-five years next preceding such expiration or determination.

13. That the Lessee, subject to the provisions of this agreement, shall from the date of execution and delivery thereof and during the term thereby granted, stand in the place of the Lessor in respect of all leases as to rights and privileges on the Windsor Branch, heretofore granted by or on behalf of the Lessor, receiving the rentals therefor to the advantage of the Lessee.

14. That no assignment, transfer or sub-lease of these presents shall be valid or effectual unless and until the same is submitted to the said Minister and his consent thereto and approval of the terms thereof obtained in writing thereon nor until a duplicate original of such assignment, transfer or sub-lease is filed in the Department of Railways and Canals at Ottawa.

15. That this lease shall not he binding upon the parties hereto until submitted to, and ratified by the Parliament of Canada.

IN WITNESS WHEREOF the Lessor has caused these presents to be signed and sealed by the said Minister and countersigned by the Secretary of the Department of Railways and Canals, and the Lessee has caused to be set hereto its corporate seal and the signature of its Officials below named.

Gallery

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  Lease agreement text page 1.

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  Lease agreement text page 2.

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  Lease agreement text page 3.

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  Lease agreement text page 4.

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  Lease agreement text page 5.

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  Lease agreement text page 6.

External Links

http://central.bac-lac.gc.ca/.redirect?app=ordincou&id=312814&lang=eng

Category: Legal Agreements