The Lake of the Woods Control Board Act, 1921 (S.C. 1921, c. 10)

Short Title

Marginal note:Short title

1 This Act may be cited as The Lake of the Woods Control Board Act, 1921.

Marginal note:Establishment of Board

• 2 (1) There shall be a Board, to be known as “The Lake of the Woods Control Board” consisting of four members to be appointed as follows, namely, one by the Governor General in Council, two by the Lieutenant Governor of Ontario in Council and one by the Lieutenant Governor of Manitoba in Council.

• Marginal note:Qualifications

  (2) A person is not eligible to be appointed a member of the Board unless he is a duly qualified engineer.

• Marginal note:Alternate members

  (3) Each appointing authority mentioned in subsection (1) may appoint an alternate member for every member to be appointed by him to act in the place of the member in the event that he is absent or unable to act or the office is vacant.

• Marginal note:Tenure of office; Vacancies

  (4) Each member and each alternate member holds office during the pleasure of the authority that appointed him, and an appointment to fill any vacancy on the Board shall be made by the authority who made the previous appointment to that office.

• Marginal note:Powers of alternate members

  (5) An alternate member of the Board while acting as a member of the Board has all the powers of a member.

Marginal note:Purposes and powers

3 It shall be the duty of the Board to secure severally and at all times the most dependable flow and the most advantageous and beneficial use of the waters of the Winnipeg river and of the English river, and for these purposes the Board shall have power

• Marginal note:As to Lake of the Woods

  (a) to regulate and control the outflow of the waters of the Lake of the Woods so as to maintain the level of the Lake between the elevations that have been recommended by the International Joint Commission in their final report of the 12th June, 1917, or between such elevations as may be agreed upon by the United States and Canada;

• Marginal note:As to Lac Seul

  (b) to regulate and control the outflow of the waters of Lac Seul so as to maintain the level of the Lake between such elevations as the Board, with the approval of the Governor General in Council, the Lieutenant Governor of Ontario in Council and the Lieutenant Governor of Manitoba in Council, may recommend;

• Marginal note:As to Lac Seul and Lake St. Joseph diversion

  (c) to regulate and control the flow of waters into Lac Seul through the Lake St. Joseph diversion works when the level of Lac Seul rises above the following elevations in any year, namely, 1168 feet in the period commencing the 1st day of February and ending the 31st day of May, 1170 feet in the period commencing the 1st day of July and ending the 31st day of December and 1169 feet in the months of January and June;

• Marginal note:As to Winnipeg river and English river

  (d) to regulate and control the flow of the waters of the Winnipeg river between its junction with the English river and the Lake of the Woods, and also the flow of the water in the English river between its junction with the Winnipeg river and Lac Seul; and

• Marginal note:As to other waters

  (e) to regulate and control the level and flow of such other waters of the watershed of the Winnipeg river as the Governor General in Council, the Lieutenant Governor of Ontario in Council and the Lieutenant Governor of Manitoba in Council may agree to place under the jurisdiction of the said Board, save and excepting the operation and control of all dams and regulating works extending across the international boundary, and the dam and regulating works across the Canadian channel at Kettle Falls.

Marginal note:Penalties for contravening Board’s orders

4 In addition to any other legal or other proceedings that may be taken to enforce any order of the said Board, every person violating or refusing to obey any order of the said Board, or obstructing or preventing the carrying out and enforcement of any order made by the said Board shall be liable, upon summary conviction, to a fine not exceeding one thousand dollars, or to imprisonment for a period not exceeding three months, or to both such fine and imprisonment, and shall also be liable to a further penalty not exceeding five hundred dollars for each day on or during which any such offence continues or is repeated.

Marginal note:General powers

• 5 (1) The Board has the powers necessary for effectively carrying out the duties vested in it by this Act or by any Act passed by the legislatures of the provinces of Ontario and Manitoba.

• Marginal note:Enforcement of orders

  (2) An order of the Board may be filled in the Exchequer Court of Canada, the Supreme Court of Ontario or Her Majesty’s Court of Queen’s Bench for Manitoba and may within the territorial jurisdiction of the court in which it is filed be enforced in the same manner as a judgment of that court.

Marginal note:Enforcement of orders by taking possession of property

• 6 (1) When any person or corporation neglects or refuses to obey or carry out any order of the Board, the Board in addition to any other remedy provided by this Act, may from time to time enter upon and take such complete or partial possession of any mill, dam, plant, works, machinery, land, waters or premises, and may do all such acts and things, as the Board may deem necessary for the due enforcement and carrying out of such order, and may retain possession and control of any such mill, dam, plant, works, machinery, land, waters or premises for such period as the Board may deem necessary for that purpose.

• Marginal note:Recovery of expenses

  (2) All expenses incurred by the Board under subsection (1) of this section shall constitute a debt due from such person or corporation to the Board and shall be recoverable by the Board with costs in any court of competent jurisdiction.

Marginal note:Appointment of officers

• 7 (1) The Board shall have power to appoint such inspectors and other officers or employees as the Board may deem necessary for the purposes of this Act.

• Marginal note:Entrance upon property for survey

  (2) Any inspector or other officer when so authorized by the Board, may enter upon any land, works or plant constructed or installed upon any of the waters mentioned in section 3, or in or by which any such waters are used or diverted, and take all such measurements and do all such acts and things as may be necessary for the information of the Board as to the use or diversion of such waters by the person or corporation owning or controlling such land, works or plant.

• Marginal note:Penalty for obstruction

  (3) Every person who hinders or obstructs any such inspector or officer in the performance of his duties under subsection (2) of this section shall incur the penalties mentioned in section 4.

Marginal note:Immunity from actions

8 The Board and the members thereof, and its officers and employees, shall not be liable to any action for acts done by them or any of them under the authority of this Act.

Marginal note:Mode of payment of Board’s expenses and remuneration

9 The expenses of the Board, including the remuneration of the members of the Board, shall be paid out of such funds as may be appropriated by the Parliament of Canada and the legislatures of Ontario and Manitoba for paying expenses incurred for the purposes of this Act in such proportions as the Governor General in Council, the Lieutenant Governor of Ontario in Council and the Lieutenant Governor of Manitoba in Council may agree.

Marginal note:Regulations

10 The Governor General in Council may, with the concurrence of the Lieutenant Governor of Ontario in Council and the Lieutenant Governor of Manitoba in Council, make regulations for carrying the purposes and provisions of this Act into effect.

Marginal note:Date of operation

Footnote ^*11 This Act shall come into force on a day to be named by the Governor General by his Proclamation.

• Return to footnote ^*[Note: Act in force June 30, 1928.]