Thursday, March 12, 2020

Reversion of CN Rail and CP Rail property to the Crown, the people of Canada.

Recent sale of CN Rail properties in Calgary, Alberta and Montreal, Quebec. The land should have been returned to Canadians.
"On April 6, 2018, the Company completed the sale of land located in Calgary, Alberta excluding the rail facilities for cash proceeds of $39 million dollars. On April 9, 2018, the Company completed the transfer of its capital lease in the passenger rail facilities in Montreal together with its related agreements, for cash proceeds of $115 million dollars. On September 5, 2018 the Company completed the sale of property located in Montreal, Quebec for cash proceeds of $40 million dollars." (2018 Annual Information Form.)

The Crown corporation Via Rail has to pay CP and CN to use railway tracks and Via does not have priority use of the tracks:
House of Commons Debates, Ottawa       October 20, 1981.
Mr. Corbett, Progressive Conservative
"   At their own discretion, CN and CP bill Via for the use of its rail lines at exorbitant profit. Sixty three percent of all Via Rail expenses are paid for rail line usage alone...If Via is to operate efficiently, it must have some sort of fixed contract with CN and CP than to be subject to the greed of these two mega corporations."

The July 22, 1993 Privy Council Order-in-Council that transferred a billion dollars worth of Canadian Government Railways property to the CNR for $1 dollar, two years before the Crown corporation was privatized:
PC Number 1993-1603    Date: 1993-07-22.
Precis  "Authority to enter into an agreement with CANADIAN NATIONAL RAILWAY COMPANY and to dispose of all rights, title and interest in the Canadian Government Railways land to the Canadian National Railway Company and termination of of the management and lands entrusted to the CNR." As far back as 1992 discussions were underway to sell off the Crown corporation: "In 1992, a new management team led by ex-federal government bureaucrats started preparing CN for privatization by emphasizing increased production." (Wikipedia.)
                                                               
Reversionary Interest Law and Legal Definition.
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1984 Report of the Auditor General of Canada, Section 6.90.
House of Commons Debates,  Ottawa.     November 18, 1977
Mrs. Simma Holt (Vancouver-Kingsway) Liberal
     "I strongly support this motion which would lead the government to amend section 88 of the Railway Act, causing the railway rights-of-way, originally obtained through subsidies, to revert to the Crown when they are no longer in use as a railway and for railway purposes. I would go further than the hon. member and suggest, when they use the land actively for other purposes, that they also revert to the Crown...I would like to go back to the CPR agreement. The CPR was to provide passenger service to this country in perpetuity."
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The term "in perpetuity" means nothing in this country. The Farm in Ottawa was supposed to be an open space in perpetuity:
Privy Council document pertaining to Canada's Farm, March 19, 1954.
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A 1976 movie called "Silver Streak" was filmed in southern Alberta and Union Station, Toronto, Ontario.




                                                                                      
                           

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