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

Regulations are current to 2024-04-01 and last amended on 2019-08-28. Previous Versions

Acceptance of Terms of Licence (continued)

 Notwithstanding any rights granted or approval given by any licence, every licensee shall

  • (a) comply fully with the Canadian Navigable Waters Act and any regulations and orders made thereunder;

  • (b) comply fully with any provincial or federal statute or regulation governing the preservation of the purity of waters or governing logging, forestry, fishing or other interests present or future that might be affected by any operations conducted under his licence; and

  • (c) observe and carry out any instructions of the Minister in respect of any of the matters referred to in paragraphs (a) and (b) not inconsistent with the statutes and regulations referred to in those paragraphs.

 Any machinery, plant, structure or works constructed, installed, or placed on any public lands for the development of any water-power or for the transmission, distribution or utilization of the energy produced from such water-power, in contravention of these Regulations or of the Dominion Water Power Act, shall be removed if and when required by the Minister.

Small Water-powers

  •  (1) For the purpose of this section, a small water-power means a water-power that, in the opinion of the Director,

    • (a) cannot, under average usable flow conditions, produce in excess of 500 horsepower; and

    • (b) is not of primary importance for commercial or public utility purposes.

  • (2) An application for a licence for the development of a small water-power may be made to the Director and shall contain the information as specified in section 3, but the Director may exempt the applicant from supplying such of the information as, in the opinion of the Director, is not of importance because of the small size of the proposed development.

  • (3) The Minister may exempt the applicant for the development of a small water-power from complying with such provisions of these Regulations as, in the opinion of the Minister, need not be enforced because of the small size of the proposed development and the Minister may issue to the applicant a special licence subject to the following conditions:

    • (a) the term of a licence shall not exceed 20 years and the term of each renewal shall not exceed five years;

    • (b) an application for renewal of a licence shall follow the procedure in force at the time the application is made, and the renewal of the licence shall be subject to the laws and regulations in force at the time the licence is issued;

    • (c) upon the expiry of a licence or any renewal thereof, if the licensee has not applied for or has failed to secure a renewal of the licence, the water-power development and all works and structures connected therewith and located on public lands shall become the property of the Crown without compensation to the licensee, but the licensee may remove from public lands, within such period as is approved by the Director, all works and structures erected or installed by the licensee in connection with the power development that, with the consent of the Director, may be removed without damage to the lands;

    • (d) the Minister, upon giving the licensee one year’s notice, may at any time cancel a licence granted under this section, and resume full possession and control of the water-power development and of all works, lands and structures connected therewith or, at the option of the Minister, of such part of the works and structures as are situated upon public lands; and

    • (e) where the Minister cancels a licence pursuant to paragraph (d), compensation for the works, lands and structures to be taken over shall, to the amount of the actual cost thereof, determined in accordance with section 19 and subsection 28(2), together with a percentage added to that amount by way of bonus, not greater than 15 per cent nor less than three per cent of the amount, be fixed by the Minister.

 

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