Dominion Water Power Act (R.S.C., 1985, c. W-4)

Marginal note:Surveys, measurements, etc.

• 10. (1) The Minister may direct or order

  • (a) that such surveys and other proceedings be taken as may, in his opinion, be required to ascertain the public lands or any other lands or any interests in any lands that it may be necessary to reserve or acquire for any undertaking, and the decision of the Minister with respect to the lands or interests therein that may in any case be required is final;

  • (b) that a survey of all streams and all necessary investigations with respect to water-powers be taken to determine the total utilized and available water-power and the maximum that can be made available by storage, regulation or other artificial means;

  • (c) that the volume or discharge of any stream or body of water, or the economic availability or usefulness thereof, for power purposes be ascertained;

  • (d) that the flow or quantity of water used, and of the output of electrical or other form of energy produced from the use of water, by any licensee or other person be ascertained; and

  • (e) that gauges, weirs, meters or other devices for water or water-power measurements or for measuring the output of electrical or other forms of energy be established.

• Marginal note:Records and plans

  (2) The records and plans of surveys and investigations taken under subsection (1) shall be kept on file in the Department of Indian Affairs and Northern Development, and may be published in such form and to such extent as the Minister may determine.

Marginal note:Free access to works, books, plans or records

11. The Minister or any person appointed by him for the purpose shall have free access, in connection with any of the matters set out in this section, to all works, books, plans or records in so far as they relate to any undertaking, and may take such observations, make such measurements and do such other things of, on, within or with respect to the undertaking, books, plans or records as may be considered necessary or expedient for

• (a) ascertaining the quantity of water stored, diverted or used, or capable of being stored, diverted or used,

• (b) ascertaining the amount of power developed or capable of being developed,

• (c) ascertaining the condition of the works,

• (d) determining whether the conditions to be observed or performed by any licensee, lessee or other person are being satisfactorily observed and performed, and

• (e) any other purpose connected with the administration of this Act,

and the findings of the Minister, with respect to the quantity of water stored, diverted or used, or capable of being stored, diverted or used, or the amount of power developed or capable of being developed, shall be conclusive.

Marginal note:Agreements with provincial authorities

12. The Minister may enter into cooperative agreements with the authorities of any of the provinces for making stream measurements, carrying on investigations, collecting and publishing data respecting water and power resources and the best methods of utilizing water and power resources.