5 (1) Subject to subsection (3), the Director may issue to an applicant a survey permit empowering the applicant during the period stated therein, which shall not exceed three years, to enter upon any public lands without other licence therefor, and upon the lands of any person for the purpose of making such surveys and investigations as may be necessary for the preparation of his general layout plans, but for no other purpose, and the applicant shall, in making such surveys and investigations, do as little damage as possible, and shall make full compensation to all persons sustaining damage.
(2) The issuance of a survey permit does not give the applicant any priority over other applicants for the development of any water-power, or any special claim or right in respect of the water-power.
(3) The applicant shall furnish such security as the Director may require for the payment of any sums that may be subsequently awarded for any damage caused by the applicant in making any surveys and investigations authorized under these Regulations.
General Layout Plans
6 (1) An applicant shall file his general layout plans with the Director by such date as is specified by the Director.
(2) The general layout plans and data shall be such as will enable the Director to determine whether
(a) the proposed works are of suitable design to accomplish the purpose intended,
(b) the proposed development is in general accord with the most beneficial utilization of the resources of the stream in Canada, and
(c) the proposed undertaking is feasible and practicable and in the public interest,
and such plans shall further conform to any requirements of the Director not inconsistent with these Regulations.
(3) The general layout plans and specifications shall
(a) be based on actual and thorough surveys and investigations on the ground;
(b) be in sufficient detail to enable the Director to determine exactly what is proposed to be done by the applicant;
(c) show the position of the proposed works with reference to surrounding objects so that the exact scope of the project may be readily ascertained and located; and
(d) show what provisions are being made for navigation, logging and other interests.
(4) When the Director is of the opinion that further information and plans are necessary before an interim licence is issued, he may request the applicant to furnish additional information and plans.
(5) Plans or maps shall in every case show the location and area of the lands that are required to be occupied, used or flooded in connection with the proposed works.
(6) Elevations wherever feasible shall be related to mean sea-level datum.
7 (1) Where the applicant has completed satisfactorily the submission of such of the information required by section 3 and has supplied such of the plans and specifications as will satisfy the Minister that
(a) the proposed development is in general accord with the most beneficial utilization of the stream waters,
(b) the proposed undertaking is feasible and practicable and in the public interest, and
(c) the applicant has the requisite financial ability to carry the project to a successful consummation,
the Minister may issue to the applicant a priority permit which shall give the applicant priority over other applicants in the consideration of his general layout plans if filed within the time specified in the permit.
(2) In granting a priority permit the Minister may give preference to an application by a province, municipality or municipal district where he considers such preference to be in the public interest.
(3) No priority permit shall be construed as binding the Minister to issue an interim licence, giving the applicant any exclusive claim or right, or relieving the Minister from considering other possible schemes for the development of the site, if there is reason to believe that they may result in a more beneficial utilization of the natural resources or be otherwise in the public interest.
(4) A priority permit shall be effective for a period not to exceed one year but may be renewed.
(5) No extensions of time to a priority permit shall be granted unless it is shown to the satisfaction of the Minister by statutory declaration by the applicant, and otherwise, that the applicant has promptly and diligently continued the surveys and preparation of the plans in good faith, and has been prevented by causes beyond his control, other than the want of funds, from completing the plans within the time fixed, but the applicant shall not be given an extension of more than one year from the expiry of the time originally fixed.
(6) If the plans and information required are not completed and filed before the expiration of the initial period of the priority permit or of any extension thereof, the applicant’s priority shall lapse.
8 (1) The Minister, where he considers it advisable, may issue to the applicant an interim licence for the carrying out of the proposed development when he is satisfied that
(a) the proposed works are of suitable design to accomplish the purpose intended;
(b) the proposed development is feasible and practicable and is in accord with the most beneficial utilization of the resources of the stream; and
(c) it is the best possible development in the public interest for which the site may be used, consideration being given to both present conditions and future requirements.
(2) An interim licence shall contain
(a) the times and manner of payment and the rates or amounts to be paid during the life of the interim licence as rentals or royalties for
(i) lands occupied, and
(ii) waters used for which the rental is based on the horsepower capacity of the installation in place or placed during the year but shall not be at a rate less than $0.75 per year per installed horsepower; and
(b) such other terms and conditions, subject always to these Regulations, as may be imposed by the Minister.
(3) Every interim or final licence shall
(a) be deemed to incorporate and shall be subject to the provisions of the regulations in force at the time of the issue of and in so far as applicable to that interim or final licence;
(b) be subject to such other stipulations, provisos and conditions, not inconsistent with these Regulations, as the Minister may impose; and
(c) be subject to amendments to, changes in or additions to these Regulations made during the term of such licence that are not inconsistent with the rights and privileges granted under the licence.
General Construction Plans
9 (1) An interim licensee shall file his general construction plans and specifications with the Director within the time specified in the interim licence.
(2) The plans and specifications filed by an interim licensee shall be such as would be required for submission to construction contractors for the purpose of receiving tenders and shall be in sufficiently advanced form to satisfy the Director.
Plan of Lands
10 (1) An interim licensee shall, at a time fixed by the Director, supplement the general construction plans of the works by a plan of lands from an actual survey by a Canada Lands Surveyor acting under instructions from the Surveyor General of Canada.
(2) A plan of lands shall be certified by a Canada Lands Surveyor and shall show and describe by section, township and range or lot number if in surveyed territory, or by other accurate description if in unsurveyed territory, the lands that are required to be occupied or used in the construction, maintenance and operation of the proposed works, noting separately,
(a) public lands not covered by water required for main diverting works, powerhouses and other similar works;
(b) public lands covered by water required for the purposes referred to in paragraph (a);
(c) public lands required only to be flooded in connection with the storage or pondage of water;
(d) public lands required only for rights-of-way for water conduits, transmission lines and other similar works;
(e) public lands, if any, required for substations, distributing stations, terminal stations and other similar buildings;
(f) provincial Crown lands; and
(g) privately owned lands.
(3) The plan of lands shall be accompanied by a statement giving, with respect to each parcel of privately owned lands, the name of
(a) the registered owner in fee thereof;
(b) any registered mortgagee or lessee; and
(c) any claimant in actual possession other than a registered owner, mortgagee or lessee.
(4) When required by the Director, the surveys and investigations required by this section shall be made by the Legal Surveys Division of the Department of Energy, Mines and Resources and in such case an interim licensee shall reimburse Her Majesty for all salaries and expenses paid for such surveys upon the presentation to the interim licensee of accounts properly certified.
- 1998, c. 14, s. 101(F)
Approval of Plans
11 (1) The Director shall examine the general construction plans and specifications of the works and the plan of lands, and shall report thereon to the Minister.
(2) The Director shall notify the interim licensee in writing whether the plans have been approved subject to conditions, or have been rejected and the interim licence cancelled.
(3) Approval or non-approval of any plans shall neither incur the responsibility of the Crown nor relieve the interim licensee from the consequences that may result from the construction of the works, from imperfections in departmental requirements, or from the operation of the works.
Commencement of Construction
12 (1) An interim licensee shall not commence the actual construction of the proposed works until he is notified by the Director that the general construction plans and specifications of such works have been approved either with or without conditions.
(2) The Minister, prior to the approval of the general construction plans, may in his discretion grant permission to an interim licensee to carry on preliminary construction operations such as the clearing of sites for structures, the clearing of land that will be flooded, or any other work other than the actual construction of the permanent works.
(3) Permission granted to an interim licensee under subsection (2) shall be without prejudice with respect to action by the Minister on the general construction plans or otherwise.
(4) Within six months after receiving notification that the plans have been approved, an interim licensee shall commence the construction of the works and shall thereafter without interruption, other than want of funds, carry on and complete the construction according to the plans and specifications as approved, and subject to the terms of the interim licence and of these Regulations.
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:
(i) up to 1,000 h.p. $2.00 per h.p.
(ii) the next 9,000 h.p. 1.00 per h.p.
(iii) all over 10,000 h.p. 0.50 per h.p.
(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:
(i) five per cent on the first $100,000 of estimated cost,
(ii) 2 1/2 per cent on the next $900,000 of estimated cost,
(iii) one per cent on the amount above $1,000,000 of estimated cost.
(2) A guarantee deposit required under this section shall not exceed $50,000 and shall be in one or more of the following forms:
(a) a certified cheque drawn on a bank incorporated under the Bank Act or the Quebec Savings Banks Act;
(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
(i) payable to bearer,
(ii) hypothecated to the Minister of Finance and Receiver General in accordance with the provision of the Domestic Bonds of Canada Regulations, or
(iii) registered in the name of the Minister of Finance and Receiver General.
(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.
(5) The Minister is the final arbiter of the satisfactory completion of the first quarter of the initial development.
(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.
Rights in Lands Under Interim Licence
14 (1) Only such interim rights of entry upon or of the use or occupation of any public lands shall be acquired in virtue of any interim licence as may, in the opinion of the Minister, be necessary for the purpose of making surveys, preparing plans, constructing works and otherwise carrying out the terms of the licence, and in no case shall the rights granted by any interim licence be construed to interfere in any way with any interest in public lands previously disposed of by the Crown.
(2) From time to time, as plans and information are filed showing the extent and scope of the works and the undertaking of an interim licensee with greater precision than was possible at the time the interim licence was executed, and pending the execution of the final licence, the Minister may designate, allot, amend or limit the areas of the lands which the interim licensee is permitted to enter upon, use or occupy, and the Minister’s decision is final.
(3) When the general construction plans are approved, or as nearly thereafter as is feasible, the Minister shall designate in writing the lands in respect of which the powers of expropriation conferred by the Dominion Water Power Act may be exercised, but an interim licensee shall not exercise such powers of expropriation until the lands are so designated.
Change in Plans
15 Before making any material change in the general construction plans as approved, or in the works constructed or under construction under the licence, or in the location thereof authorized, an interim licensee shall submit to the Director a complete and satisfactory statement and plans of such proposed change and shall not proceed therewith until authorized to do so.
Inspection and Reports
16 (1) The Minister, the Director, or any person authorized by either of them, may at any time enter and inspect the lands occupied or the works being constructed by an interim licensee,
(a) for the purpose of ascertaining whether the terms and conditions of the interim licence are being satisfactorily carried out by the interim licensee, and in particular whether the construction of the works is in accordance with the plans and specifications approved pursuant to section 11, and
(b) for the purpose of checking and taking note of construction-cost data,
and shall be given access to all records in the possession of the interim licensee or of any contractor or subcontractor engaged on construction of the works.
(2) When he considers an undertaking of sufficient importance, the Director may place a qualified inspecting engineer on the works during construction and, where the Minister considers it necessary, he may retain a consulting engineer for advice in connection with the plans or works of an interim licensee.
(3) An interim licensee shall reimburse Her Majesty in right of Canada for all sums paid for salaries and expenses in respect of an undertaking on behalf of the inspecting engineer referred to in subsection (2), within 30 days after receipt of a statement of the sums so paid to a specified date being submitted to the licensee by the Director.
(4) In like manner, a licensee may also be required, at the discretion of the Minister, to reimburse Her Majesty in right of Canada for all or part of sums paid for fees and expenses of the consulting engineer referred to in subsection (2).
(5) An interim licensee shall comply with all reasonable written instructions of the inspecting engineer regarding the construction of all works in accordance with the plans and specifications approved pursuant to section 11, and in case of dispute regarding the reasonableness of such written instructions, or regarding the requirements of the plans and specifications, the Minister’s decision is final.
(6) Where an interim licensee does not comply with the written instructions of an inspecting engineer, the Minister may order the interim licensee to suspend all operations in respect of the works until the Minister gives instructions to resume operations, and in the case of continued refusal by the interim licensee to comply with the written instructions, the Minister may cancel the interim licence.
(7) An interim licensee shall submit such reports of progress during construction of the works as the Director may from time to time require.
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