Canadian Pacific Railway (Stone and Timber) Settlement Act

Canadian Pacific Railway (Stone and Timber) Settlement Act 27 2014 November 27, 2014 781755088/14027/1402701 E3tlc14027 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 12 [Note: See Table of Legislative Changes for the status of section 12.] Section(s) Affected Act 12 Â Expropriation Act Commencement 13 This Act comes into force by regulation of the Lieutenant Governor in Council. Schedule (Section 1) Item Column 1 District Lot Column 2 Land District 1 301A Kootenay 2 302A Kootenay 3 303 Kootenay 4 304 Kootenay 5 306 Kootenay 6 309 Kootenay 7 310 Kootenay 8 311 Kootenay 9 312 Kootenay 10 313 Kootenay 11 314 Kootenay 12 315 Kootenay 13 316 Kootenay 14 317 Kootenay 15 318 Kootenay 16 319 Kootenay 17 320 Kootenay 18 321 Kootenay 19 322 Kootenay 20 323 Kootenay 21 324 Kootenay 22 325 Kootenay 23 326 Kootenay 24 327 Kootenay 25 328 Kootenay 26 329 Kootenay 27 330 Kootenay 28 331 Kootenay 29 332 Kootenay 30 334 Kootenay 31 335 Kootenay 32 336 Kootenay 33 338 Kootenay 34 339 Kootenay 35 340 Kootenay 36 341 Kootenay 37 342 Kootenay 38 343 Kootenay 39 344 Kootenay 40 345 Kootenay 41 346 Kootenay 42 347 Kootenay 43 348 Kootenay 44 349 Kootenay 45 350 Kootenay 46 351 Kootenay 47 352 Kootenay 48 353 Kootenay 49 354 Kootenay 50 355 Kootenay 51 356 Kootenay 52 357 Kootenay 53 358 Kootenay 54 359 Kootenay 55 360 Kootenay 56 361 Kootenay 57 362 Kootenay 58 363 Kootenay 59 365 Kootenay 60 366 Kootenay 61 367 Kootenay 62 373 Kootenay 63 375 Kootenay 64 376 Kootenay 65 377 Kootenay 66 378 Kootenay 67 379 Kootenay 68 380 Kootenay 69 381 Kootenay 70 382 Kootenay 71 383 Kootenay 72 384 Kootenay 73 397 Kootenay 74 398 Kootenay 75 400 Kootenay 76 421 Kootenay 77 422 Kootenay 78 423 Kootenay 79 424 Kootenay 80 425 Kootenay 81 426 Kootenay 82 4588 Kootenay 83 4589 Kootenay 84 4590 Kootenay 85 4591 Kootenay 86 4592 Kootenay 87 4595 Kootenay 88 4596 Kootenay 89 4597 Kootenay 90 4598 Kootenay 91 4599 Kootenay 92 5816 Kootenay 93 5817 Kootenay 94 7159 Kootenay 95 7160 Kootenay 96 7161 Kootenay 97 2698 Osoyoos Division of Yale 98 2699 Osoyoos Division of Yale 99 2700 Osoyoos Division of Yale 100 2701 Osoyoos Division of Yale 101 2702 Osoyoos Division of Yale 102 2703 Osoyoos Division of Yale 103 2704 Osoyoos Division of Yale 104 2705 Osoyoos Division of Yale 105 2706 Osoyoos Division of Yale 106 2707 Osoyoos Division of Yale 107 2708 Osoyoos Division of Yale 108 2709 Osoyoos Division of Yale 109 2710 Osoyoos Division of Yale 110 2711 Similkameen Division of Yale 111 3635 Similkameen Division of Yale 112 3636 Similkameen Division of Yale 113 3637 Similkameen Division of Yale 114 3638 Similkameen Division of Yale 115 3639 Similkameen Division of Yale