An Act to ratify a certain Agreement between the City
of Vancouver and the Canadian Northern Pacific
Railway Company and the Canadian Northern
Railway Company.

[1st March, 1913.]

W

HEREAS the City of Vancouver proposes to enter into an Preamble. Agreement bearing date the fifth day of February, 1913, with the Canadian Northern Pacific Railway Company and the Canadian Northern Railway Company, to take effect after a by-law approving of the same has been submitted to, voted upon by, and received the assent of the electors of the City of Vancouver in conformity with and in manner provided by the provisions of the "Vancouver Incor poration Act, 1900," and amendments in respect of by-laws for contracting debts, a copy of which Agreement is a Schedule to and forms part of this Act, and which Agreement is hereinafter referred to as "the said Agreement":

And whereas it is deemed expedient to ratify and confirm the said Agreement and to authorize and empower the parties thereto to make and carry out the same:

Therefore, His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1. This Act may be cited as the "False Creek Terminals Act."

Short title.

authorized

2. The Lieutenant-Governor in Council is hereby authorized and Lieut.-Governor empowered, by grant under the Great Seal of the Province of British to convey. Columbia, to convey to the City of Vancouver in fee-simple, free from all restrictions, all that portion lying east of Westminster Avenue (now Main Street) of the lands and lands covered by water

City authorized to convey.

Agreement confirmed.

Right of

injunction, etc., not prejudiced.

Tax exemption limited.

AGREEMENT.

heretofore conveyed to the City of Vancouver by grant dated the third day of March, 1902, save and except that portion of the said lands and lands covered by water authorized to be conveyed to the City of Vancouver by section 3 of the "False Creek Confirmatory Act," as amended by the "False Creek Confirmatory Act Amendment Act, 1913," and as more particularly set out and described in section 2 of the said False Creek Confirmatory Act Amendment Act, 1913."

66

3. The City of Vancouver is hereby authorized, upon the making of the grant referred to in section 2 of this Act, to convey to the Canadian Northern Pacific Railway Company. its successors and assigns, in accordance with the provisions of the said Agreement, all its right, title, and interest in the lands and lands. covered by water thereby agreed to be conveyed by the City of Vancouver to the said Canadian Northern Pacific Railway Company, the same being a portion of the lands and lands covered by water to be conveyed to the City of Vancouver by the said grant.

4. Notwithstanding anything to the contrary in any Act, Statute, or law contained, the said Agreement is hereby ratified and confirmed and declared to be valid and binding according to the tenor thereof upon the City of Vancouver, the Canadian Northern Pacific Railway Company, and the Canadian Northern Railway Company; and the said City of Vancouver, the Canadian Northern Pacific Railway Company, and the Canadian Northern Railway Company are and each of them is, so far as the Legislature of the Province of British Columbia has power to enact, hereby authorized and empowered to make, execute, and enter into the said Agreement, and to carry the same into effect, and do whatever is necessary to give full effect to the same; and the provisions of the said Agreement are to be taken as if they had been expressly enacted hereby and formed an integral part of this Act.

5. Notwithstanding anything to the contrary in any Act, Statute, or law contained, the liability to pay as liquidated damages the amounts specified in Articles 37 and 38 of the said Agreement shall not prejudice or interfere with the right of the Supreme Court of British Columbia, or a Judge thereof, to grant mandamus or injunction to enforce obedience to such articles or the right of the City of Vancouver to enforce obedience thereto by suit; and it is hereby declared that such Court or Judge has power, jurisdiction, and authority to grant such mandamus or injunction at the suit of the City of Vancouver.

6. Notwithstanding anything to the contrary in chapter 3 of the Statutes of 1910 and Schedule thereto, or in any other Act, Statute, or law, the tax exemption contained in subparagraph (e) of para

AGREEMENT.

graph or clause numbered 13 of the Agreement forming the said last-mentioned Schedule shall not, nor shall any tax exemption contained in any such other Act, Statute, or law, apply to the Canadian Northern Pacific Railway Company's portion of the bed of False Creek, in the said Agreement designated as "the railway property," except in so far and to the extent that such exemption is by the said Agreement allowed and provided; but all taxes or rates (either for ordinary, yearly, or usual taxes and rates, or for school taxes and rates, or for local improvements or otherwise howsoever) shall be assessed and paid upon the said Canadian Northern Pacific Railway Company's portion of the bed of False Creek and improvements thereon in the manner and to the extent provided by the said Agreement.

7. Nothing contained in this Act or in the said Agreement shall prejudice or impair the right of any railway company under or by virtue of section 150 of the "British Columbia Railway Act" or under or by virtue of section 175 of the " Railway Act" of the Dominion of Canada.

come into force

assented to.

8. This Act shall not come into force or effect until a by-law Act not to approving of the said Agreement has been submitted to, voted upon until by-law by, and received the assent of the electors of the City of Vancouver in conformity with and in manner provided by the provisions of the "Vancouver Incorporation Act, 1900," and amendments in respect of by-laws for contracting debts, and until thereafter proclaimed by the Lieutenant-Governor in Council.

SCHEDULE.

ARTICLES OF AGREEMENT, made this fifth day of February, in the year of our Lord one thousand nine hundred and thirteen,

Between,

THE CITY OF VANCOUVER (hereinafter called "the City ") of the first part;

and

THE CANADIAN NORTHERN PACIFIC RAILWAY COMPANY (hereinafter called "the Railway Company ") of the second part;

and

THE CANADIAN NORTHERN RAILWAY COMPANY of the third part.

Whereas the City has obtained grants from the Crown in right of the Dominion of Canada and of the Province of British Columbia to the bed of False Creek lying east of Westminster Avenue (now Main Street), in the City of Vancouver, in the Province of British Columbia:

And whereas the City has, pursuant to certain agreements, which are designated an "Agreement A" and 'Agreement B" in the Schedule to the "False Creek Confirmatory Act" (being chapter 55 of the Statutes of British Columbia for the year 1911), transferred to the Vancouver, Victoria

Legislation.

Consent Governor-
General in Council.

Expropriation.

AGREEMENT.

and Eastern Railway and Navigation Company the portions of the bed of False Creek lying east of Westminster Avenue (now Main Street) set out in said agreements:

And whereas the title of the City under said grant from the Crown in right of the Province of British Columbia to the remainder of the bed of False Creek east of Westminster Avenue (now Main Street) is subject to certain restrictions contained in said grant, upon the City's right to alienate the same:

And whereas the Railway Company is desirous of establishing in the City of Vancouver the permanent western headquarters and permanent terminals (both passenger and freight) of the transcontinental line of the Canadian Northern Railway System (including the line of the Railway Company) and of the trans-Pacific steamship line to be established as in this Agreement provided, and in connection therewith has agreed with the City to expend large sums of money as hereinafter set out:

And whereas the City is desirous that the said remainder of the bed of False Creek should be filled in and reclaimed from the sea and used for the purposes hereinafter set out on the terms and conditions hereinafter defined, and is also desirous of acquiring the property and rights authorized to be purchased and taken by the "False Creek Reclamation Act" (being chapter 56 of the Acts of the Legislature of the Province of British Columbia for the year 1911), and for the purposes of carrying out the matters aforesaid the parties hereto have agreed in the manner hereinafter set out:

And whereas by the said False Creek Reclamation Act" the City was authorized to purchase or take certain property, riparian, littoral, and other rights and interests as therein set out, the same to be held for certain purposes therein stated, and subject to the restrictions therein contained, which restrictions the parties hereto are desirous of having removed, so as to enable the City to deal with the property, riparian, littoral, and other rights and interests aforesaid in the manner hereinafter stated:

Now, therefore, this Agreement witnesseth that, in consideration of the premises and the sum of one dollar ($1) of lawful money of Canada by each of the parties hereto paid to the other (the receipt whereof is hereby mutually acknowledged), and of the mutual covenants and agreements hereinafter contained, the parties hereto have agreed as follows:

1. The parties hereto shall, without delay, apply to the Legislature of the Province of British Columbia for an Act ratifying and confirming this Agreement, and authorizing and empowering the parties hereto to carry the same into effect.

2. The parties hereto shall join in forthwith applying, at the expense of the Railway Company, for the approval by the Governor-General in Council of Canada, in so far as necessary, of the works in the bed of False Creek as hereinafter defined hereby proposed to be done. If for any reason it should be impossible to obtain such necessary approval, and the Railway Company be thereby prevented from filling in the bed of False Creek as agreed, this Agreement shall become null and void, except that the Railway Company shall continue liable to repay to the City any cost and expense which the City may then have incurred, and which, under the terms hereof, are payable by the Railway Company to the City.

3. The City shall, upon the passing of the Act referred to in Article 1. and upon the approval referred to in Article 2 being obtained, purchase and take, at the expense of the Railway Company, pursuant to the said "False Creek Reclamation Act," and any other powers it in that behalf thereto enabling, Lots Forty-six (46) to Fifty-one (51), inclusive, in Block Twentyfive (25), according to Subdivision of District Lot One hundred and ninety-six (196) in Group One (1), New Westminster District, and Lots One (1) to Thirteen (13), inclusive, in Block Three (3), according to Subdivision of