Dominion Water Power Act

Marginal note:Power to expropriate

• 7 (1) Any person who, pursuant to this Act or the regulations, is authorized to carry out any undertaking may, after receiving written permission from the Minister, expropriate in accordance with the Expropriation Act any land or interest in land, other than public lands or any interest in public lands, that may, in the opinion of the Minister, be required for the undertaking.

• Marginal note:Notice to appropriate minister

  (1.1) Where the Minister grants permission under subsection (1), the person to whom permission is granted shall so advise the appropriate minister in relation to Part I of the Expropriation Act.

• Marginal note:Expropriation Act

  (1.2) Land or an interest in land in respect of which the Minister has granted permission under subsection (1) is deemed to be, for the purposes of the Expropriation Act, an interest in land or an immovable real right that, in the opinion of the appropriate minister in relation to Part I of that Act, is required for a public work or other public purpose, and a reference to the Crown in that Act shall be construed as a reference to the person to whom the Minister granted permission.

• Marginal note:Charges for services

  (1.3) The appropriate minister in relation to Part I of the Expropriation Act may make regulations prescribing fees or charges to be paid, in respect of an expropriation referred to in subsection (1), by a person to whom the Minister has granted permission, and rates of interest payable in respect of those fees and charges.

• Marginal note:Debt due to Her Majesty

  (1.4) The fees or charges are a debt due to Her Majesty in right of Canada by the person to whom the Minister has granted permission, and shall bear interest at the prescribed rate from the date they are payable.

• Marginal note:Security

  (1.5) The Minister may require the person to whom the Minister has granted permission to provide security, in an amount determined by the Minister and subject to any terms and conditions that the Minister may specify, for the payment of any fees or charges that are or may become payable under this section.

• Marginal note:Exception

  (2) This section does not apply to lands belonging to any railway company that are used or required by the company for the purposes of its railway.