Tuesday, December 20, 2011

ROYAL COMMISSIONS ON THE BRITISH COLUMBIA RAILWAY et al

Note this along the bottom December 21, 2011:

Coal mines

14  The company may acquire and operate coal mines in British Columbia, and acquire all necessary and convenient land in connection with them.
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Eight Royal Commissions into BC Rail already, why would Premier Christy Clark call another one?
But first there was this one regarding land surrounding Vancouver's English Bay being sold to a company called Railway Syndicate, to someone who went by the name of  J. M. M. Spinks.  And it goes a long to explain why there is a Davie Street in downtown Vancouver..... that's the former Honourable Alex E. B. Davie, Attorney General of British Columbia
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1886. BRITISH COLUMBIA COMMISSION OF ENQUIRY CONCERNING THE GENUINENESS OF AN ALLEGED TRANSFER, DATED THE 23RD OF JUNE, 1884, FROM CERTAIN INDIANS TO ONE J. M. M. SPINKS
Report of Commission of Enquiry concerning the genuineness of an alleged transfer, dated the 23rd of June, 1884, from certain Indians to one J. M. M. Spinks. -- 

49               VIC. REPORT OF COMMISSION - GREER CASE.          '217
REPORT OF COMMISSION OF ENQUIRY
Concerning the genuineness of an alleged transfer, dated the 23rd day of June, 1884, from certain Indians to one J. M. M. Spinks.
COMMISSION.
[L,S.] CLEMENT F. CORNWALL.
CANADA.
[L.S.] PROVINCE OF BRITISH COLUMBIA.
VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland, QUEEN:
Defender of the Faith, &c" &0.,,&0.

To the Honourable Sir MATTHEW BAILLIE BEGBIE, Knight--~ GREETING.

ALEX. E. B. DAVIE, Attorney-General} WHEREAS by an Act passed in the forty-eighth year of Our 'Reign, intituled "An Act to authorize the appointment of a Commission of Enquiry concerning the genuineness of an alleged transfer, dated the 23 day of June, in the the year of Our Lord one thousand eight hundred and eighty-four, from certain Indians to one J. M. M. Spinks," after reciting that during the investigation by a Select Committee of the Legislative Assembly of claims to lands in the vicinity of Coal Harbour, a document had been produced purporting to be a transfer of the alleged rights of two Indians to certain lands and improvements at False Creek to one J. M. M. Spinks, and dated' the 23rd day of June, in the year of Our Lord one thousand eight hundred and eighty-four

And that the genuineness of such document had been impugned, and that it was desirable that a Commission of Enquiry should be appointed for the purpose of ascertaining whethel' such document was genuine or not.
It was enacted, that it should' be lawful for the Lieutenant.Governor, by commission under his hand and seal, to appoint some person to be a Commissioner to enquire into and concerning the genuineness of the said document.

Now KOW YOU, that having every confidence in your prudence, ahility and integrity;  We do hereby, in pursuallce of the powers contained in the said Act, and of every other power or authority Us in that behalf enabling, constitute and appoint you, tho said Sir Matthew Baillie Begbie, to be a Commissioner to enquire into and concerning the genuineness of. the said document; hereby requiring you to report in writing to Our Lieutenant-Governor of Our said Province of British Columbia the result of your deliberations..... Snip
Digitized:   March 29, 2010 date stamped:
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1894. BRITISH COLUMBIA ROYAL COMMISSION IN THE MATTER OF THE NAKUSP AND SLOCAN RAILWAY CO.
1901. BRITISH COLUMBIA COMMISSIONER APPOINTED TO INQUIRE INTO THE GRIEVANCES OF THE SETTLERS WITHIN THE TRACT OF LANDS GRANTED TO THE ESQUIMALT AND NANAIMO RAILWAY COMPANY
Report of the Commissioner Appointed to Inquire into the Grievances of the Settlers Within the Tract of Lands Granted to the Esquimalt and Nanaimo Railway Company. --
1924. BRITISH COLUMBIA ROYAL COMMISSION ON THE PACIFIC GREAT EASTERN RAILWAY.
Report re the Pacific Great Eastern Railway / by W.A. Galliher, Commissioner. --
1979. ROYAL COMMISSION ON THE BRITISH COLUMBIA RAILWAY
Report of the Royal Commission on the British Columbia Railway : addendum : XI, statutory revision / Lloyd G. McKenzie, chairman, Sydney W. Welsh, commissioner, David H. Chapman, commissioner.

Part 1 A New Constitution 11
We have noted in our final report that even though the railway imposes the same burden as uther business operations on all levels of government, yet it has been exempt from most federal and provincial taxes.
By section 149(1) (d) of the Income Tax Act of Canada, it is exempted from federal income tax on its operations. This is consistent with the tax-free status of all crown-owned companies, including other transportation-oriented companies such as CN, Air Canda and B.C. Ferries Corporation.

At the provincial level, BCR is freed of all tax obligations by section 2 of the Pacific Great Eastern Taxation Exemption Act (SBC 1926-27 c.52) as amended. This exemption confers freedom from income taxation, and freedom from taxation on real property, including municipal, regional, school board and r.ospita1 board levies. This exemption applies to all railway land except for lands and improvements held under' lease from BCR and land which has been, subdivided into parcels of one acre or less. BCR is also exempted from provincial sales tax and fuel taxes.

We are convinced that BCR should no longer be exempted from the tax obligations which are imposed on other businesses, including railways, in B.C. As a component of the business sector it should be liable for its share of those obligations. As a business, in competition with other businesses, BCR's value to its  shareholders and to the economy would thus be more truly represented. We feel that the railway should no longer be exempted from provincial and local property taxes because such exemption places an unrealistic burden on municipal, school district and regional taxpayers in those taxation districts in which the railway polds property; its exemption imposed a burden on municipal taxpayers alone of $1.8 million in 1978. BCR also should be subject to fuel tax like investor-owned transportation companies purchasing fuel products in B.C., since 12 STATUTORY REVISION Ch. XI development of an optimum transportation system in B.C.depends on equal treatment to all carriers. The performance of the: railway over the last 20 years provides no indication that BCR1s untaxed use of these depleteable resources has provided any benefit which would offset the loss in revenue to the public.  Snip

 In the Tax Exemption category, as mentioned above, it leaves one wondering WHY the BC Liberals sold off BC Rail to CN Rail when.......this was possible:

Coal mines

14  The company may acquire and operate coal mines in British Columbia, and acquire all necessary and convenient land in connection with them.

Purchase of stock in other companies

15  The company may acquire and dispose of stock, shares, debentures, bonds and securities of other railway companies, and of hydraulic, electric, irrigation and other companies.

Tax exemption

16  The exemption from taxation conferred by section 2 of the Pacific Great Eastern Railway Taxation Exemption Act, S.B.C. 1926-27, c. 52, as enacted by the Pacific Great Eastern Railway Taxation Exemption Act Amendment Act, 1929, S.B.C. 1929, c. 49, and further modified by section 6 of this Act, extends to every subsidiary, but this section does not exempt any subsidiary from liability for income tax.

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