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

Act current to 2014-10-15 and last amended on 2014-07-01. Previous Versions

General

Marginal note:Binding on Her Majesty

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

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

 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

 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

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

  • 2001, c. 40, s. 1.
Marginal note:Suspension and revocation of licence
  •  (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.
Marginal note:Ministerial orders
  •  (1) If a person contravenes subsection 11(1), 12(1) or 13(1) or (2), the Minister may

    • (a) order the person to remove or alter any obstruction or work to which the contravention relates; or

    • (b) order the person to refrain from proceeding with any construction or other work, or to cease the use or diversion, to which the contravention relates.

  • Marginal note:Powers of Minister

    (2) If the person fails to comply with an order made under paragraph (1)(a) or (b), the Minister may remove or alter anything referred to in paragraph (1)(a) or used in relation to any activity referred to in paragraph (1)(b) or order it to be forfeited to Her Majesty in right of Canada.

  • Marginal note:Disposition

    (3) Anything forfeited under subsection (2) may be removed, destroyed or otherwise disposed of as the Minister directs.

  • Marginal note:Costs recoverable

    (4) The Minister’s cost of removing or altering anything under subsection (2) and the costs of and incidental to the removal, destruction or disposition under subsection (3) of anything forfeited, less any sum that may be realized from its disposition, are recoverable by Her Majesty in right of Canada from the person who contravened the order made under subsection (1) as a debt due to Her Majesty in any court of competent jurisdiction.

  • 2001, c. 40, s. 1;
  • 2013, c. 12, s. 5.