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

Regulations are current to 2020-10-05 and last amended on 2019-08-28. Previous Versions

General Construction Plans

  •  (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

  •  (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

  •  (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

  •  (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.

Guarantee Deposit

  •  (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. blank lineblank line$2.00 per h.p.

      • (ii) the next 9,000 h.p. blank lineblank line  1.00 per h.p.

      • (iii) all over 10,000 h.p. blank lineblank line  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

  •  (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.

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