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

Act current to 2014-04-02

Marginal note:Ministerial orders
  •  (1) If a person contravenes subsection 11(1), 12(1) or 13(1), 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.
Marginal note:Agreements with provinces

 The Minister may, with the approval of the Governor in Council, enter into an agreement or arrangement with the government of one or more provinces respecting the activities referred to in sections 11 to 13.

  • 2001, c. 40, s. 1.

Regulations

Marginal note:Regulations
  •  (1) The Governor in Council may, on the recommendation of the Minister, make regulations

    • (a) specifying what constitutes a use, obstruction, diversion or work for the purposes of this Act;

    • (b) defining, for the purposes of this Act, any word or expression used in sections 11 to 26 that is not defined in this Act;

    • (c) describing the water basins to which section 13 applies;

    • (d) specifying exceptions to the application of subsections 11(1), 12(1) and 13(1);

    • (e) prescribing classes of licences and determining the persons who are eligible to hold licences of any particular class;

    • (f) respecting applications for licences, including the form of the applications, the information to be provided in respect of the applications and the manner in which the applications are to be filed, processed and disposed of;

    • (g) respecting the form of licences and the information they must include and requiring licensees to publish or otherwise make them available for public inspection;

    • (h) prescribing fees, or the manner of calculating fees, in respect of licences and prescribing the manner in which the fees are to be paid;

    • (i) prescribing the duration of licences;

    • (j) respecting the renewal and amendment of licences;

    • (k) prescribing uses, obstructions, diversions and works for which a licence may not be issued;

    • (l) providing for inspections in respect of activities to which sections 11, 12 and 13 relate; and

    • (m) generally for carrying out the purposes and provisions of this Act.

  • Marginal note:Ordinary meaning applies

    (2) For greater certainty, regulations made under paragraph (1)(a) do not restrict the ordinary meaning of the words “use”, “obstruction”, “diversion” or “work”.

  • 2001, c. 40, s. 1.