International Boundary Waters Treaty Act (R.S.C., 1985, c. I-17)

Act current to 2013-04-29

Prohibition

Marginal note:Prohibition — water removal

  • 13. (1) Despite section 11, no person shall use or divert boundary waters by removing water from the boundary waters and taking it outside the water basin in which the boundary waters are located.

  • Marginal note:Deeming

    (2) For the purpose of subsection (1) and the application of the treaty, removing water from boundary waters and taking it outside the water basin in which the boundary waters are located is deemed, given the cumulative effect of removals of boundary waters outside their water basins, to affect the natural level or flow of the boundary waters on the other side of the international boundary.

  • Marginal note:Water basins

    (3) Subsection (1) applies only in respect of the water basins described in the regulations.

  • Marginal note:Exceptions

    (4) Subsection (1) does not apply in respect of the exceptions specified in the regulations.

  • 2001, c. 40, s. 1.

General

Marginal note:Binding on Her Majesty

14. Sections 11 to 13 are binding on Her Majesty in right of Canada or a province.

  • 2001, c. 40, s. 1.
Marginal note:Application

15. Sections 11, 12 and 13 do not apply in respect of uses, obstructions or diversions in existence immediately before the respective coming into force of those sections, but those sections do apply in respect of such uses, obstructions or diversions if significant changes occur to them after their respective coming into force.

  • 2001, c. 40, s. 1.

Powers of Minister

Marginal note:Licence

16. Subject to the regulations, the Minister may, on application, issue, renew or amend a licence to do any activity referred to in subsection 11(1) or 12(1), subject to any terms or conditions the Minister considers appropriate.

  • 2001, c. 40, s. 1.
Marginal note:Transfer

17. A licence is not transferable except with the consent of the Minister.

  • 2001, c. 40, s. 1.
Marginal note:Suspension and revocation of licence

  • 18. (1) The Minister may suspend or revoke a licence whenever the Minister believes on reasonable grounds that the licensee has contravened this Act or a condition of the licence, but the licensee must first be given notice in writing by the Minister of the reasons for the suspension or revocation and a reasonable opportunity to make representations to the Minister.

  • Marginal note:Consent of licensee

    (2) The Minister may also suspend or revoke a licence with the consent of, or on application by, the licensee.

  • 2001, c. 40, s. 1.