Monday, May 11, 2020

Bill Gates and CN Rail are selling reversionary property.

CN Rail and CP Rail properties were never granted to the railways in perpetuity. The land reverts to the Crown, to the people of Canada, when the company no longer uses the land for railway purposes.
A few years ago CN announced that real estate in Montreal and Calgary would be sold to a third party. That is not permitted:
House of Commons Debates   Ottawa  April 29, 1974.
Mr. Hamilton (Qu'Appelle-Moose Mountain), Progressive Conservative.
     "Has the Minister a legal opinion from the Department of Justice as to their ownership of the land underneath the rails? I put my question another way by saying that under the Charter of the CPR and under the Charter of the various railways that make up the CNR, this land belonged to the Crown and was granted to the railways for the sole purpose of transportation. When any railway gives up land and no longer uses it for the purpose for which that Charter was granted, all that land reverts to the Crown which was the grantee."
Mr. Stanley Basford (Minister of State for Urban Affairs), Liberal.
     "Mr. Chairman, Ministers are not supposed to give legal opinions. I will make some inquiries about the point...The expropriation section provides that the Minister of Public Works is authorized to acquire by way of expropriation land that is or was occupied as part of the railway undertaking by the company."
The 1984 Report of the Auditor General of Canada, Section 6.90.
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CN Rail divested reversionary property in 2018 that should have been returned to the Crown, to Canadians:
 2018 Annual Report, page 6/37.
---On April 6, 2018, the Company completed the sale of land located in Calgary, Alberta, excluding the rail fixtures, 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, Quebec for cash proceeds of $115 million dollars.
---On September 3, 2018, the Company completed the sale of property located in Montreal, Quebec for cash proceeds of $40 million dollars.
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The Government of Canada wanted to pay CN $1 dollar to reclaim the Quebec Bridge which is located between Quebec City and Levis, Quebec:
House of Commons Debates   Ottawa     March 24, 2010.
Mr. Brian Jean:
     "Madam Speaker, I am very pleased to speak to Motion No. 423, regarding the acquisition of the Quebec Bridge from the Canadian National Railway. Motion No. 423 - "That, in the opinion of the House, the government should purchase the Pont de Quebec for one dollar and commit to quickly finishing the repair work so as to respect its importance as a historical monument and a vital transportation link for the Quebec City region."
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House of Commons Debates   Ottawa    April 30, 1974.
Mr. MacKay, Progressive Conservative.
     "In committee we had a lot of discussion about the status of hotels vis-a-vis the railway. How does the Minister envisage the situation  where a hotel might be situated quite close to a railway and perhaps have some railway facilities in it or adjoining it? Is this going to be considered as a railway property in the sense that the Minister has discussed?"
Mr. Basford: (Minister of State for Urban Affairs) Liberal.
     "Mr. Chairman, again it would depend...If it is a hotel owned by a railway and not connected with railway lands, then it would not be on railway lands. If it is a hotel over a railroad station it is obviously built over railway lands."
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The proposed demolition of Union Station, Ottawa.
The former Grand Trunk Railway Station.(Wikimedia Commons.)
House of Commons Debates Ottawa   May 3, 1965.
Mr. John A. MacLean (Queens) Progressive Conservative.
     "Is it the intention of the government of Canada to retain Union Station in Ottawa for some suitable purpose as well as for its historic value when it's use as a railway station has terminated?"
Hon. Lucien Cardin (Minister of Public Works) Liberal.
     "I am informed by the National Capital Commission as follows: The Parkin Plan for the redevelopment of Confederation Square which was approved in principle by the Government calls for the removal of the Union Station together with the buildings between Union Station and Sussex Street. The Plan proposes the widening of the Canal basin at this point and the construction of a convention hall."
House of Commons Debates Ottawa June 29, 1966.
Mr. Bell (Carleton) Progressive Conservative.
     1.)  On what date is it now expected that the new railway station in the national capital will be put into regular service?
     2.)  When is it expected that the railway tracks now leading to the existing Union Station in Ottawa will be lifted?
     3.)  What are the present plans with respect of the existing Union Station and when is it proposed that they shall be carried out?
     4.)  What is the proposal for the utilization of the railway right-of-way leading to the existing Union Station when and what is the time schedule for its commencement and completion?
Mr. John B. Stewart (Parliamentary Secretary to the Minister of Public Works) Liberal.
     1.)  It is expected that the new railway station at Hurdman will commence regular service on July 1966.
     2.)  It is expected that the railway tracks leading to the existing Union Station in Ottawa will be lifted in the first week of August 1966.
     3.)  The plan is for demolition at an early date, but the definite date has not been fixed.
     4.)  The right of way leading to the Union Station will be utilized as a route for an N.C.C driveway linking up with Colonel By drive at Main Street.


    

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