International River Improvements Act (R.S.C., 1985, c. I-20)

Act current to 2016-05-12 and last amended on 2014-07-01. Previous Versions

International River Improvements Act

R.S.C., 1985, c. I-20

An Act respecting the construction, operation and maintenance of international river improvements

Short Title

Marginal note:Short title

 This Act may be cited as the International River Improvements Act.

  • R.S., c. I-22, s. 1.

Interpretation

Marginal note:Definitions

 In this Act,

boundary waters

eaux limitrophes

boundary waters has the same meaning as in the Preliminary Article of the treaty relating to the boundary waters and to questions arising along the boundary between Canada and the United States signed at Washington on January 11, 1909 and set out in Schedule 1 to the International Boundary Waters Treaty Act. (eaux limitrophes)

Chief Review Officer

réviseur-chef

Chief Review Officer means the review officer appointed as Chief Review Officer under subsection 244(1) of the Canadian Environmental Protection Act, 1999 and includes any review officer designated under subsection 244(3) of that Act to perform the functions of the Chief Review Officer; (réviseur-chef)

international river

cours d’eau international

international river means water flowing from any place in Canada to any place outside Canada; (cours d’eau international)

international river improvement

ouvrage destiné à l’amélioration d’un cours d’eau international

international river improvement means a dam, obstruction, canal, reservoir, pipeline or other work the purpose or effect of which is

  • (a) to increase, decrease or alter the natural flow of an international river, and

  • (b) to interfere with, alter or affect the actual or potential use of the international river outside Canada; (ouvrage destiné à l’amélioration d’un cours d’eau international)

Minister

ministre

Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act. (ministre)

transboundary waters

eaux transfrontalières

transboundary waters has the same meaning as in section 10 of the International Boundary Waters Treaty Act. (eaux transfrontalières)

  • R.S., 1985, c. I-20, s. 2;
  • 2009, c. 14, s. 89;
  • 2013, c. 12, s. 13.

Regulations

Marginal note:Regulations

 The Governor in Council may, for the purpose of developing and utilizing the water resources of Canada in the national interest, make regulations

  • (a) respecting the construction, operation and maintenance of international river improvements;

  • (b) respecting the issue, cancellation and suspension of licences for the construction, operation and maintenance of international river improvements;

  • (c) prescribing fees for licences issued under this Act;

  • (d) respecting the exemption of international river improvements from the operation of this Act;

  • (e) authorizing the conduct of inspections under this Act in respect of any improvement exempted from the operation of this Act under the authority of regulations made under paragraph (d) and setting out the purposes for which those inspections may be carried out; and

  • (f) designating provisions of the regulations for the purpose of paragraph 33(1)(b).

  • R.S., 1985, c. I-20, s. 3;
  • 2009, c. 14, s. 90.

Licences

Marginal note:Constructing, operating, etc., improvement without licence or contrary to a licence

 Except in accordance with a licence issued under this Act, no person shall construct, operate or maintain an international river improvement.

  • R.S., 1985, c. I-20, s. 4;
  • 2009, c. 14, s. 91.
Marginal note:Purpose
  •  (1) The purpose of this section is to prevent the risk of environmental harm resulting from the permanent loss of water from Canadian ecosystems.

  • Marginal note:Prohibition

    (2) No licence may be issued for the construction, operation or maintenance of an international river improvement that links waters that are neither boundary waters nor transboundary waters to an international river if the purpose or effect of the improvement is to increase the annual flow of the international river at the international boundary.

  • 2013, c. 12, s. 14.

 [Repealed, 2009, c. 14, s. 91]

 [Repealed, 2009, c. 14, s. 91]

General

Marginal note:Exception
  •  (1) This Act does not apply in respect of an international river improvement

    • (a) constructed under the authority of an Act of Parliament;

    • (b) situated within boundary waters as defined in the treaty relating to boundary waters and questions arising between Canada and the United States signed at Washington on January 11, 1909; or

    • (c) constructed, operated or maintained solely for domestic, sanitary or irrigation purposes or other similar consumptive uses.

  • Marginal note:Inspections permitted

    (2) Despite subsection (1), inspections may be carried out under this Act in respect of any international river improvement referred to in paragraph (1)(c) to verify that the improvement is being constructed or continues to be operated or maintained solely for domestic, sanitary or irrigation purposes or other similar consumptive uses.

  • R.S., 1985, c. I-20, s. 7;
  • 2009, c. 14, s. 92.
Marginal note:Binding on Her Majesty

 This Act is binding on Her Majesty in right of Canada or a province.

  • R.S., c. I-22, s. 8.
Marginal note:When provincial laws to apply

 Notwithstanding anything in this Act, an international river improvement is subject to the same laws to which it would be subject if it were a river improvement within the legislative jurisdiction of the legislature of the province in which it is situated except in so far as the laws of that province are repugnant to this Act or the regulations.

  • R.S., c. I-22, s. 9.

Enforcement

Enforcement Officers and Analysts

Marginal note:Designation
  •  (1) The Minister may designate as an enforcement officer or analyst for the purpose of this Act or any provision of this Act any person or member of a class of persons who, in the Minister’s opinion, is qualified to be so designated.

  • Marginal note:Powers

    (2) For the purposes of this Act, an enforcement officer has all the powers of a peace officer, but the Minister may specify limits on those powers when designating the enforcement officer.

  • Marginal note:Limits

    (3) The Minister may limit the powers that may be exercised by an enforcement officer or analyst under this Act.

  • Marginal note:Production of certificate

    (4) The Minister must provide every enforcement officer and analyst with a certificate of designation that includes any limits under subsection (2) or (3). On entering any place, the enforcement officer or analyst must, if so requested, produce the certificate to the person in charge of the place.

  • R.S., 1985, c. I-20, s. 10;
  • 2009, c. 14, s. 93.
Marginal note:Immunity

 Enforcement officers and analysts are not personally liable for anything they do or omit to do in good faith under this Act.

  • 2009, c. 14, s. 93.
Marginal note:Right of passage

 While carrying out duties or functions under this Act, enforcement officers and analysts, and any persons accompanying them, may enter on and pass through or over private property without being liable for doing so and without any person having the right to object to that use of the property.

  • 2009, c. 14, s. 93.
 
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