Dominion Water Power Regulations (C.R.C., c. 1603)

Short Title

1 These Regulations may be cited as the Dominion Water Power Regulations.

Interpretation

2 In these Regulations,

actual construction

actual construction includes

• (a) any necessary and authorized work carried on in pursuance of these Regulations,

• (b) engineering investigations and reports,

• (c) the clearing of lands,

• (d) the construction of roads or railways,

• (e) stream improvements, and

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

but does not include

• (g) promotion work,

• (h) the underwriting, sale or disposal of stocks and bonds, or

• (i) general administrative or directive functions exercised at some distance from the scene of operations; (construction réelle)

actual cost

actual cost of any development of works includes

• (a) the actual legitimate cost of such development or works in use and useful for the purposes of the undertaking at the time that any particular inquiry is being made,

• (b) the cost of engineering services appertaining to the construction of such development and works,

• (c) interest during construction,

• (d) taxes and insurance during construction,

• (e) contractor’s profit,

• (f) the purchase of equipment,

• (g) the cost of roads, railways, clearings or other essential works undertaken and carried on solely in the construction of such development or works and not independently profitable, and

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

but does not in any case include

• (i) promotion expenses,

• (j) the cost of underwriting, selling or disposing of stocks and bonds, or

• (k) head office and other expenditures relating to general administration exercised at some distance from the development or works which are not necessary and inherent parts of the construction expenditures; (coût réel)

Department

Department means the Department of Indian Affairs and Northern Development; (ministère)

Director

Director means the Director of Water-Power, who shall be the Chief of the Water Resources Division of the Department or such other person designated by the Minister; (directeur)

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)

final licence

final licence means a licence authorizing the diversion, use or storage of water for power purposes, or the transmission and distribution of water-power; (concession définitive)

general construction plans

general construction plans means the plans of the works that are required to be approved by the Director before the interim licensee is permitted to commence the construction of the power development; (plans généraux de construction)

general layout plans

general layout plans means the plans that are required to be filed by the applicant before an interim licence may be issued; (plans d’ensemble)

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)

interconnected systems

interconnected systems means the power system and all plants and works connected therewith, related thereto, interdependent upon it and similarly used in the generation, transmission and distribution of electrical energy; (réseaux conjugués)

interim licence

interim licence means a licence authorizing the preparation of general construction plans and the construction of works in pursuance of such plans; (concession intérimaire)

Minister

Minister means the Minister of Indian Affairs and Northern Development; (ministre)

power development

power development includes

• (a) the physical structures within the severance line required for the storage or use of the stream-waters, for the production of power therefrom, and for the transmission thereof,

• (b) the dams or other diversion works, the powerhouse, the conduits conducting water thereto and the transmission lines within the severance line,

• (c) all hydraulic or electrical machinery, appliances, fixtures, equipment and appurtenances,

• (d) lands and rights-of-way required in connection therewith, and

• (e) the clearings, roads, trails and railways required to be constructed that are still used and useful in connection therewith and not independently profitable; (aménagement de force hydraulique)

preliminary sketch plan

preliminary sketch plan means the preliminary plan or sketch filed by the applicant with his initial application; (croquis préliminaire)

public lands

public lands means lands belonging to Her Majesty in right of Canada and includes lands of which the Government of Canada has power to dispose; (terres publiques)

severance line

severance line means the dividing or boundary line that separates those lands, works and properties used or useful in connection with the undertaking and that are considered to be essential to the power or storage development from other lands, works and properties used or useful in connection with the undertaking but not considered to be essential to the development; (ligne séparative)

storage development

storage development includes

• (a) the physical structures within the severance line required for the storage of the stream-waters for the production of power,

• (b) the dams or other storage works, the intakes and water conduits within the severance line,

• (c) all hydraulic or electrical machinery, appliances, fixtures, equipment and appurtenances,

• (d) lands and rights-of-way required in connection therewith, and

• (e) the clearings, roads, trails and railways required to be constructed that are still used and useful in connection therewith and not independently profitable; (aménagement d’emmagasinage)

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 )

works

works, with reference to any power development, power system or undertaking, means all the physical structures, devices, equipment, appliances, appurtenances and things authorized or required to be constructed, maintained or operated by the applicant or licensee in respect of such power development, power system or undertaking. (ouvrages)

Application

• 3 (1) An application for a licence to divert, use or store water for power purposes may be made to the Director and shall contain the following information:

  • (a) the name, address and occupation of the applicant;

  • (b) the name or a clear description of the river, lake or other watercourse from which the water is to be diverted or used;

  • (c) the place where the water is to be diverted from or in the said watercourse, referred if possible to an established monument of the existing system of land surveys, and the place where the water is to be returned or released;

  • (d) the maximum quantity of water, expressed in cubic feet per second, which it is estimated will be ultimately diverted or used under the licence applied for;

  • (e) the estimated average head in feet which will be available for the production of power according to the plan of development proposed;

  • (f) the estimated minimum amount of energy expressed in horsepower that will be developed on the turbine shaft within five years from the date of the application or within such other period as the applicant may state to be required for the completion of his initial development;

  • (g) the maximum amount of energy expressed in horsepower which it is estimated will ultimately be developed on the turbine shaft from the waters for which application is made;

  • (h) a brief statement with respect to the character and extent of all principal works the applicant proposes to construct;

  • (i) in respect of each dam involved, its approximate maximum length and height, its proposed type and the material to be used in its construction;

  • (j) where storage is involved, the location of each lake, basin or other place in which the applicant wishes to store water;

  • (k) for each storage reservoir, the approximate number of acres of land the applicant proposes to flood, the approximate area in acres of the surface of the reservoir when filled, the estimated vertical storage range in feet, and the total capacity of storage contemplated in acre-feet; and

  • (l) a reasonably accurate description and the acreage of the lands required for occupation or use in the construction, maintenance or operation of the proposed works, noting separately lands required for rights-of-way and lands that are to be flooded

    • (i) within public lands,

    • (ii) within provincial Crown lands, and

    • (iii) within privately owned lands.

• (2) An application for a licence shall be accompanied by

  • (a) a preliminary plan or sketch, with scale so selected as to show upon a single sheet the entire project applied for, with the approximate location of all the principal works and lands referred to in paragraph (1)(l);

  • (b) a description of and a sketch showing the nearest neighbouring works or structures completed or in course of construction, both above and below the place of the proposed diversion, for diverting or using water for any purpose from the same source of supply and the approximate distance and direction of each such works from the proposed works;

  • (c) the names and locations of any other works or structures, including bridges, railways and canals, that might affect or be affected by the construction, maintenance or operation of the proposed works;

  • (d) the approximate discharge in cubic feet per second at or near the place of diversion of the river, lake or other source from which the water is to be diverted at high, medium and low water stages, respectively, together with copies of any existing measurements of the flow of the stream in the applicant’s possession and a reference to all other such measurements of which the applicant has knowledge; and

  • (e) a brief outline of the undertaking in respect of which the licence is desired, including the use to which the power is to be applied, any sale, delivery or transfer thereof to other than the applicant that is contemplated, the territory, if any, within which such sale, delivery or transfer is to be exercised, the probable demand for power within such territory and an estimate of the capital cost of the entire undertaking.

• (3) Where the applicant is an incorporated company, the application, in addition to the information required by subsections (1) and (2), shall contain

  • (a) the names of the directors and officers of the company and their places of residence;

  • (b) the address of the head office of the company in Canada;

  • (c) the amount of capital authorized, subscribed, and paid-up, specifying in regard to paid-up capital, the amount paid in cash and the manner of payment for the balance;

  • (d) the proposed method of raising further funds, if required, for the construction and operation of the proposed works; and

  • (e) a copy of the special act of incorporation or the memorandum of association.

• (4) Where the applicant is a municipality or municipal district, the application, in addition to the information required by subsections (1) and (2), shall contain

  • (a) the location, area and boundaries of the municipality or district;

  • (b) the approximate number of inhabitants in the municipality or district;

  • (c) the present indebtedness and the borrowing limit of the municipality or district;

  • (d) a certified copy of any by-law or resolution passed by the municipality or district respecting the application or the undertaking to which the application relates; and

  • (e) a certified copy of any enabling Act or other statutory provision authorizing the municipality or district to engage in the proposed undertaking.

• (5) All elevations given in connection with the plans or other information filed by any applicant shall be referred, if feasible, to mean sea-level datum.

• (6) An applicant, when requested so to do by the Minister, shall file an affidavit setting forth such facts as may be required in respect of his financial standing and his ability to carry out the proposed undertaking.

• (7) The Director may, at any time while an application is pending, notwithstanding any other requirement of these Regulations, require such additional plans, descriptions, measurements, specifications or other data, whether related directly or indirectly to the proposed works and undertaking, as he considers necessary, and those plans, descriptions, measurements, specifications or data shall be furnished by and at the expense of the applicant.