Page:United States Statutes at Large Volume 57 Part 2.djvu/791

 57 STAT.] CANADA-LEASE OF RAILWAY-FEB. 22, 23, 1943 (b) the United States of America is authorized to operate and maintain for the duration of the state of war now existing, the said railways owned by the British Yukon Railway Company and the British Columbia - Yukon Railway Company. 2. Notwithstanding anything contained in the terms of any lease entered into under the authority of this order, the part of the railway known as the White Pass and Yukon Route in Canada so leased, shall be deemed, for the purpose of all laws in force in Canada and all regulations, orders, or tariffs made or established pursuant thereto, to be constructed, operated and maintained during the term of such lease by the British Yukon Railway Company and the British Columbia- Yukon Railway Company in respect of the part thereof owned by each such company, and each such company shall, in respect of the construction, operation and maintenance during the term of the lease of the part of the said railway owned by it, be liable under such laws, regulations, orders or tariffs in all respects as if it were constructing, operating and maintaining such part of the railway and without restricting the generality of the foregoing, each such company shall, in respect of the construction, operation and main- tenance during the term of the lease of the part of the said railway owned by it, be liable: (a) for any failure or omission to comply with or any contra- vention of any lawful order of the Board of Transport Commis- sioners for Canada or by the Government of the Province of British Columbia addressed to or binding on the said company during the term of the lease; (b) to pay taxes and to pay any assessments, contributions or other levies in respect of workmen's compensation or unemployment insurance to the same extent as if the construction, operation and maintenance of the railway during the term of the lease was carried on by the company, and for such purpose the construction, operation and maintenance of the railway during the term of such lease shall be deemed to be carried on on behalf of the company, unless such lia- bility is expressly limited or altered in accordance with any agreement between the United States of America and the Government of Canada or of the Government of the Province of British Columbia in respect of matters within the jurisdiction of such governments respectively; (c) in respect of any act or omission of any person engaged in the construction, operation or maintenance of such railway during the term of the lease by the Government of the United States in the same manner and to the same extent as if such person was an agent or an officer, servant or employee of the company, as the case may be, em- ployed in the construction, operation and maintenance of the railway by the company. 3. The word "railway" as used in this Order includes all branches, extension, sidings, stations, depots, wharves, rolling stock, equipment, stores, bridges, tunnels and other structures, property real and personal and works connected therewith. A. D. P. iHENrr Clerk of the Privy Council. 1427

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