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• 30 (1) Rental for water used in the production of power, (hereinafter referred to as rental ), is payable annually in arrears, commencing with the date of initial production of power from the development, or from the date fixed in the original interim licence for the completion of the initial development if power has not been produced prior to such date, whether the initial development has been completed or not and notwithstanding any extensions of time granted.

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• (5) Where any rental remains unpaid for more than one year after demand by the Director, the rental shall again be demanded and, if not paid within 60 days after such demand, the Minister may take such action as he deems necessary.

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• (7) Subject to subsection (12), the annual rental in the 20-year period immediately following the date fixed for the completion of the initial development shall be

  • (a) an amount based upon the horsepower capacity of the initial development as fixed in the interim licence and computed at the rate fixed in the interim licence for the use of water during the life of the interim licence; or

• (8) For the purposes of this section,

  • (a) the output shall be taken as the total horsepower-years developed during the year on the turbine shaft;

  • (b) the annual load factor shall be taken as the ratio of the average load to the maximum load;

  • (c) the maximum load shall be taken as the highest rate of output carried by the plant during the year under normal operating conditions for a period of 20 minutes;

  • (d) the annual load factor in the case of electrical plants shall be calculated as follows:

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• (9) For the purposes of these Regulations, one horsepower-year shall be taken as the equivalent of 6 535 kilowatt-hours; and the output at the turbine shaft shall be assumed to be the equivalent of 107 1/2 per cent of the output as recorded at the generator switchboard.

• (10) The output and the annual load factor shall be as determined by the Director, who for this purpose may use any available data, such as switchboard records in the case of electrical plants.

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• (12) The annual rental for water used in the production of power in the Northwest Territories or Yukon Territory is 75 per cent of the annual rental as computed in subsections (1) to (11), inclusive.

• 13 (1) Within 60 days after being notified in writing by the Director of the approval of the general construction plans and specifications, an interim licensee shall, for the purpose of guaranteeing the performance and fulfilment by the interim licensee of the terms and conditions of the licence, forward to the Director for deposit with the Department of Finance,

  • (a) a guarantee deposit computed, in the case of a power undertaking, upon the horsepower capacity of the site as determined by the Director according to the following scale:

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  • (b) a guarantee deposit computed, in the case of a storage undertaking, upon the estimated cost of the storage development as determined by the Director according to the following scale:

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• (2) A guarantee deposit required under this section shall not exceed $50,000 and shall be in one or more of the following forms:

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  • (b) bonds of the Government of Canada or of a company included in the National Railways as defined in the Canadian National Railways Capital Revision Act, 1952, unconditionally guaranteed as to principal and interest by the Government of Canada where such bonds are

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• (3) A guarantee deposit may be refunded by the Minister to an interim licensee as the actual construction work progresses, the first, second and third quarters thereof to be refunded when one-quarter, one-half and three-quarters, respectively, of the initial development have been satisfactorily completed, the fourth quarter to be refunded when the final licence is issued.

• (4) An interim licensee shall furnish to the Director, in the form of a statutory declaration or otherwise as may be required, evidence of satisfactory progress in the works to the stage that is required by the terms of his interim licence.

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• (6) Where an interim licensee has complied with all requirements in filing general construction plans, but the plans are rejected and the interim licence cancelled, the guarantee deposit shall be refunded upon application therefor, and the Minister may make such provision as he deems just for compensating the interim licensee for the plans where they prove to be valuable in connection with the disposition that is eventually made of the power site.

• (7) Where an interim licensee fails to comply satisfactorily with the terms of his interim licence, the guarantee deposit, or such part thereof as the Minister may determine, shall be forfeited to the Crown.

2 In these Regulations,

actual construction

actual construction includes

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• (f) other essential work undertaken solely in the construction of works authorized and not used independently as a source of profit,

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actual cost

actual cost of any development of works includes

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• (h) such other expenditures as are necessary and inherent items of construction,

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final construction plans

final construction plans means the plans of the power development or power system as actually constructed, and in every case includes plans of the lands as finally occupied to conform with sections 10 and 17; (plans définitifs de construction)

independent works

independent works means all works and plants outside of the power system that may be classed as tributary to independent undertakings of the licensee and not to the undertaking authorized; (ouvrages indépendants)

initial development

initial development means such portion of the power or storage development as is specified in the interim licence as being required to be constructed before a final licence may be issued; (premier aménagement)

system

system or power system means all lands, structures and appurtenances required to complete the undertaking authorized, including the power development, works, reservoirs, transmission lines, distribution works, auxiliary steam or other fuel plants, the lands required to be occupied, clearings, roads and railways in so far as required in connection with the power development, and all mills, buildings, machines, appliances, fixtures, equipment and appurtenances required in connection therewith; (réseau ou réseau de distribution d’énergie )

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• (3) When agreement is not reached within 90 days after the receipt of the notification mentioned in subsection (2), the Minister may refer the matter to such board, commission or authority as may be created or designated by the Governor in Council for the purpose of considering such matter and reviewing the rentals.

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• (5) The rental for each year of a 10-year period mentioned in subsection (1) shall be based on the actual station output for the year in horsepower-years at the turbine shaft as estimated by the Director and in the case of electrical plants the Director may use switchboard records or any other available data.

• (6) Where a licensee is engaged in the sale of power, an upward revision of the rate of the rental per horsepower-year may be made only if the upward revision does not make it impossible for the licensee to earn a fair rate of return on the actual cost of the physical properties used and useful in connection with the undertaking, and provides for the amortization of such costs, including interest, as may be necessary and legitimate for promoting and organizing the enterprise and providing capital otherwise than as included in the actual cost.

• (7) The costs that are to be amortized shall be fixed in the same manner and at the same time as the actual cost as set out in section 19.

• (8) The fair rate of return referred to in subsection (6) shall be considered as being cumulative from the date upon which the licensee first began the sale of power from the initial development.

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• (4) The capital cost, assessed pursuant to subsection (2), may be made payable in annual instalments, extending over such period of years, and in such respective amounts for any stated years, as the Minister may determine; and the Minister may provide, if any water-power sites mentioned in subsection (2) are undeveloped or have not commenced to be operated at the time when the regulating or storage works are undertaken, that the commencement of payment of the annual instalments may in such cases be deferred until development and operation take place, or until such time has elapsed thereafter as the Minister may deem suitable.

• (5) The total annual outlay in respect of works undertaken under this section shall be a charge upon such of the water-power developments on the stream as are in a position to utilize the regulated or increased flow in whole or in part, and shall be apportioned among them in proportion to the respective benefits estimated as accruing from time to time to those developments from the regulated or increased flow.

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• (11) In addition to paying the assessments of capital cost and the annual charges as provided for in this section, every licensee may be required to pay for the additional flowage created by any works and used by the licensee such rental as the Minister may determine, subject to these Regulations that are applicable to rentals for the development and use of water power.