New section 12. Powers of deputy chief commissioner. Presumption. New section 13. Quorum. Presiding officer. Questions of law. Vacancy. New s. 15. not be exercised by him except in the absence of the chief commissioner, and whenever he has acted it shall be conclusively presumed that he so acted in the absence or disability of the chief commissioner within the meaning of this section. 3. Section 12 of the said Act is repealed and the following is substituted therefor: "12. In case of the absence of the chief commissioner and the assistant chief commissioner, or of their inability to act, the deputy chief commissioner shall exercise the powers of the chief commissioner for him or in his stead, and in such case, all regulations, orders and other documents signed by the deputy chief commissioner shall have the like force and effect as if signed by the chief commissioner. "2. Whenever the deputy chief commissioner appears to have acted for or instead of the chief commissioner, it shall be conclusively presumed that he so acted in the absence or disability of the chief commissioner and of the assistant chief commissioner within the meaning of this section." 4. Section 13 of the said Act is repealed and the following is substituted therefor: "13. Two commissioners shall form a quorum, and not less than two commissioners shall attend at the hearing of every Provided that case; (a) in any case where there is no opposing party and no notice to be given to any interested party, any one commissioner may act alone for the Board; and "(b) the Board, or the chief commissioner, may authorize any one of the commissioners to report to the Board upon any question or matter arising in connection with the business of the Board, and when so authorized such commissioner shall have all the powers of two commissioners sitting together for the purpose of taking evidence or acquiring the necessary information for the purpose of such report, and upon such report being made to the Board, it may be adopted as the order of the Board, or otherwise dealt with as to the Board seems proper. "2. The chief commissioner, when present, shall preside, and the assistant chief commissioner, when present, in the absence of the chief commissioner, shall preside, and the opinion of either of them upon any question arising when he is presiding, which in the opinion of the commissioners is a question of law, shall prevail. "3. No vacancy in the Board shall impair the right of the remaining commissioners to act." 5. Section 15 of the said Act is repealed and the following is substituted therefor: ers and officers not "15. No commissioner or officer of the Board shall, directly Commissionor indirectly,"(a) hold, purchase, take or become interested in, for his own to hold behalf any stock, share, bond, debenture or other railway security, of any railway company subject to this Act; or, interest in stock or equipment. "(b) have any interest in any device, appliance, machine, patented process or article, or any part thereof which may be required or used as a part of the equipment of railways or of any rolling stock to be used thereon. "2. If any such stock, share, bond or other security, device, If acquired appliance, machine, patented process or article or any part succession. thereof or any interest therein, shall come to or vest in any commissioner or officer of the Board by will or succession for his own benefit, he shall, within three months thereafter, absolutely sell and dispose of the same, or his interest therein." by will or 6. The said Act is amended by inserting the following section New section. immediately after section 19: "19A. The Board may hold more than one sitting at the Sittings of same time." Board. 7. Section 18 of the said Act is amended by adding thereto Section 18 the following subsection: amended. elsewhere "2. The Governor in Council, upon the recommendation of Offices the Minister, may establish at any place or places in Canada than in such office or offices as are required for the Board, and may Ottawa. provide therefor the necessary accommodation, furnishings, stationery and equipment." S. Section 29 of the said Act is repealed and the following is New s. 29. substituted therefor: "29. The Board may rehear any application before deciding Power to it, or may review, rescind, change, alter, or vary any order or review, etc. decision made by it." 9. Subsection 1 of section 35 of the said Act is repealed and Section 35 the following is substituted therefor: amended. commission "35. The chief commissioner shall be paid an annual salary Salaries of of ten thousand dollars, the assistant chief commissioner an ers. annual salary of nine thousand dollars, and each of the other commissioners an annual salary of eight thousand dollars." 10. The said Act is amended by inserting the following sec- New section. tion immediately after section 41: agent of Ottawa. "41A. There shall be kept in the office of the secretary of Service on the Board a book, to be called the agents' book, in which every company at railway company to which this Act in whole or in part applies shall enter its name and the place of its head office and the name of an agent at Ottawa and his place of business or some Mode of service. Service on agent by Inail. In default of agent. Notice to company by telegraph. New s. 62. Annual report to Governor in Council. Report to be other proper place within Ottawa where he may be served for the company with any notice, summons, regulation, order, direction, decision, report or other document. "2. Service on the company may be effected, unless the Board otherwise directs, by delivering the document or a copy thereof to the person entered by the company as its agent or at his place of residence, or to any member of his household, or at his place of business, or such other place as aforesaid, to any clerk or adult person in his employ. "3. Where at the time of attendance to serve any document the place of business or other place aforesaid is closed or no one is in attendance therein for receiving service, service of the document may be effectively made by mailing the same, at any time during the same day, addressed to the agent at such place of business or other place, by registered letter, postage prepaid, and the service shall be deemed to have been effected at the time of attendance for service. "4. Where any such company has not caused the required entry to be made in the agents' book the posting up of the document to be served in the office of the secretary of the Board shall be effective service upon the company unless the Board otherwise directs. "5. The Board may in any case give directions that the fact of service upon an agent and the nature of the document served shall be communicated to the company by telegraph." 11. Section 62 of the said Act is repealed and the following is substituted therefor: "62. The Board shall within three months after the thirtyfirst day of March in each year make to the Governor in Council through the Minister, an annual report, for the year next preceding the thirty-first day of March, showing briefly,— "(a) applications to the Board and summaries of the findings "(b) summaries of the findings of the Board in regard to any "(d) such matters as the Governor in Council directs. "2. The said report shall be laid before both Houses of Parliament. Parliament during the first fifteen days of the then next session of Parliament." laid before OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty. CHAP. 63. An Act to authorize the granting of subsidies in aid of the construction of the lines of railway therein mentioned. [Assented to 20th July, 1908.] HIS IS Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The Governor in Council may grant a subsidy of $3,200 Subsidies for per mile towards the construction of each of the undermen- railways. tioned lines of railway (not exceeding in any case the number of miles hereinafter respectively stated) which shall not cost more on the average than $15,000 per mile for the mileage subsidized, and towards the construction of each of the said lines of railway, not exceeding the mileage hereinafter stated, which shall cost more on the average than $15,000 per mile for the mileage subsidized, a further subsidy beyond the sum of $3,200 per mile of fifty per cent on so much of the average cost of the mileage subsidized as is in excess of $15,000 per mile, such subsidy not exceeding in the whole the sum of $6,400 per mile : 1. To the Kettle River Valley Railway Company, for a line of railway from a point at or near Grand Forks to a point fifty miles up the North Fork, and East or West Fork of the North Fork, of Kettle River, in lieu of the subsidy granted by chapter 43 of 1906, section 1, item 39; not exceeding 50 miles. 2. For a line of railway from Owen Sound, in the province of Ontario, to Meaford, in lieu of the subsidy granted by chapter 43 of 1906, section 1, item 18; not exceeding 30 miles. 3. For a line of railway from Sharbot Lake or Bathurst Station, in the province of Ontario, or between these points, via Lanark Village, to Carleton Place, in lieu of the subsidy granted by chapter 43 of 1906, section 1, item 7; not exceeding 41 miles. 4. To the Nipigon Railway Company, for the following lines of railway : (a) from a point at or near Nipigon Station on the line of the Canadian Pacific Railway to Nipigon Lake; not exceeding 30 miles; (b) from a point on Nipigon Bay of Lake Superior to a point on the west of Lake Helen on the line of the Nipigon Railway; not exceeding 3 miles; (c) from a point on the line of the Nipigon Railway at or near the crossing of the Fraser River to a point on Lake Jesse, by way of Cameron's Falls; not exceeding 1 miles; (d) from a point on the north shore of Lake Nipigon northerly; not exceeding 45 miles; the said subsidies to the said lines being granted in lieu of the subsidies granted by chapter 43 of 1906, section 1, item 10; not exceeding in all 80 miles. 5. To the Manitoulin and North Shore Railway Company (or to the Canada Central Railway Company with the consent of the Manitoulin and North Shore Railway Company, and subject to the approval of the Governor in Council), for the following lines of railway (a) from a point on the said line of railway, between Little Current and Sudbury, westerly towards the Algoma Central and Hudson Bay Railway; not exceeding 100 miles; (b) from Little Current thence crossing the Canadian Pacific Railway, at or near Stanley, and thence to Sudbury; not exceeding 64 miles; (c) from a point at or near Sudbury, northerly, not exceeding 30 miles; the said subsidies being granted in lieu of the subsidies granted by chapter 43 of 1906, section 1, item 1; not exceeding in all 194 miles. 6. To the Ontario, Northern and Timagami Railway Company, for a line of railway from a point at or near Sturgeon Falls, in a northwesterly direction, to a point on the westerly shore of Lake Timagami, in the district of Nipissing, in lieu of the subsidy granted by chapter 43 of 1906, section 1, item 28; not exceeding 50 miles. 7. For a line of railway from a point at or near Baptiste, easterly to a point at or near Renfrew, in lieu of the subsidy granted by chapter 43 of 1906, section 1, item 24; not exceeding 75 miles. 8. To the Bracebridge and Trading Lake Railway Company, for a railway from Bracebridge, in Muskoka, to a point at or near Baysville, Ontario, in lieu of the subsidy granted by chapter 34 of 1904, section 2, item 1, for 15 miles; not exceeding 16 miles. 9. To the Quebec and Lake St. John Railway Company, for a line of railway from Roberval westward towards James Bay, in lieu of the subsidy granted by chapter 43 of 1906, section 1, item 12; not exceeding 100 miles. |