Railway Belt Water Act (R.S.C. 1927, c. 211)

Short Title

Marginal note:Short title

1 This Act may be cited as the Railway Belt Water Act.

Interpretation

Marginal note:Definitions

2 In this Act, unless the context otherwise requires,

• (a) Board means the tribunal constituted under the Water Acts, and therein described as the “Board of Investigation”;

• (b) domestic purposes means and includes household, sanitary and fire protection purposes and the purpose of watering live stock;

• (c) Minister means the Minister of the Interior;

• (d) Railway Belt means the lands on the mainland of British Columbia granted to the Crown in the right of Canada by chapter 14 of the statutes of British Columbia 1884 for the purpose of constructing and to aid in the construction of the Canadian Pacific Railway, excepting thereout and therefrom all reserves or areas that are or may be set apart and designated as Dominion Parks;

• (e) riparian proprietor means a person lawfully occupying lands adjoining and bordering upon any watercourse within the Railway Belt;

• (f) Water Acts means and includes the Water Act of British Columbia, chapter two hundred and seventy-one of the Revised Statutes of British Columbia 1924, the Act in amendment thereof enacted the nineteenth day of December, one thousand nine hundred and twenty-five, being chapter sixty-one of the statutes of British Columbia 1925, and any Act passed by the legislature of the province of British Columbia which, under the provisions of section six of this Act, is made to apply to the water in the Railway Belt;

• (g) watercourse includes all natural watercourses or sources of water supply, whether usually containing water or not, and all steams, rivers, lakes, creeks, springs, ravines and gulches, and all water-power.

Marginal note:Confirmation to Crown of ownership of all waters

3 The property in and the right to the use of all the water at any time in any watercourse within the Railway Belt shall, for all purposes, be deemed to be vested in the crown, unless and until and except only so far as some private right therein or in the use thereof inconsistent with the right of the Crown has been or may be lawfully established.

Marginal note:Exclusive rights not vested in grantee. Except waters for domestic purposes

4 No grant made after the sixth day of June, one thousand nine hundred and thirteen, by the Crown of lands in the Railway Belt, or of any interest therein, shall vest in the grantee any exclusive or other right, title or privilege in, to or in respect of any watercourse, or in, to or in respect of the bed or shores of any watercourse, unless and except in so far as any right, title or privilege to the bed or shores of any watercourse is expressly set out and described in such grant, saving the right of every riparian proprietor to the use of water for domestic purposes.

Marginal note:Licenses, contracts, etc. made by Dominion authority to be valid

• 5 (1) All records, grants, licenses, orders in council, or contracts of, for or affecting the use of water within the Railway Belt, granted on or before the sixth day of June, one thousand nine hundred and thirteen, or made by or on behalf of the Government of Canada or the Minister, shall, notwithstanding anything in this Act, be and be deemed to be valid and effective and shall be given effect to.

• (2) Subject to the property in and the rights to the use of water referred to in subsection one hereof,

  • Marginal note:Administration under B.C. Water Acts

    (a) all water without distinction within the Railway Belt shall, during the pleasure of the Governor in Council, for the purposes of administration be under the control of the authorities of the province of British Columbia and be administered under and in accordance with the Water Acts, as if the said Acts were enacted by the Parliament of Canada subject to the provisions of this Act, and the officers and authorities having powers and duties to exercise and perform under the provisions of the Water Acts shall have the like powers and authority with respect to or in connection with the administration of the said water, and

  • Marginal note:Licenses, contracts, etc., made by provincial or local authority to be valid

    (b) all records, grants, licenses, orders in council, claims or contracts of, for or affecting the use of water within the Railway Belt granted on or before the sixth day of June, one thousand nine hundred and thirteen, or purporting or bona fide claimed to have been granted, by any provincial or local authority and all applications to any such authority for records, grants, licences, orders in council, claims or contracts of, for or affecting the use of water within the Railway Belt made or pending on or before the sixth day of June, one thousand nine hundred and thirteen, shall be deemed to be valid and effective to the same extent for the like purposes, and subject in the like manner to the jurisdiction of the Board, and shall be subject to all the obligations and limitations imposed by the Water Acts, as if made, issued, authorized, claimed or pending with respect to water in British Columbia not within the Railway Belt.

• Marginal note:As to pending claims

  (3) All applications or claims for the use of water within the Railway Belt made on or before the sixth day of June, one thousand nine hundred and thirteen, to the Government of Canada or the Minister, shall be deemed to be valid and effective and shall be subject to the jurisdiction of the Board and given effect to under the provisions of the Water Acts to the same extent and for the like purposes as if such applications or claims had been made or were pending by, to or before the competent provincial or local authority under the provisions of the Water Acts with respect to the water in British Columbia not within the Railway Belt.

• Marginal note:As to Indian Reserves

  (4) All waters for irrigation allotted to Indians or Indian Reserves, whether allotted by the Indian Reserve Commissioners or recorded in Dominion or Provincial Government offices, and all applications to any provincial or local authority for the use of water within the Railway Belt in the interest if Indians or Indian reserves, shall be deemed to be valid and effective and subject to the jurisdiction of the Board and given effect to under the provisions of the Water Acts as if made, issued, authorized or pending by, to or before the competent provincial or local authority under the provisions of the Water Acts with respect to water in British Columbia not within the Railway Belt.

Marginal note:Application of B.C. legislation

• 6 (1) The Governor in Council may direct that any Act, or portion thereof, passed by the legislature of the province of British Columbia after the third day of March, one thousand nine hundred and thirteen, relating to water in the province not within the Railway Belt shall apply to the water in the Railway Belt as if such Act were enacted by the Parliament of Canada.

• Marginal note:Commencement and publication of orders in council

  (2) Every order in council passed under the authority of this section shall be deemed to relate back to and to take effect from the date of the coming into operation of the Act, or the portion of an Act, the application of which to the water in the Railway Belt is directed by the order in council.

• Marginal note:Publication

  (3) Every such order in council shall be published for four consecutive weeks in the Canada Gazette, and shall be laid before both Houses of Parliament within the first fifteen days of the session next after the date thereof.

Marginal note:Power to repeal section 5

7 The Governor in Council may, at any time, repeal the provisions of section five of this Act, by proclamation to be published in the Canada Gazette, and upon the repeal of the said section, the water shall be administered under regulations to be made by the Governor in Council.

Marginal note:Rights of Crown preserved

8 Nothing in this Act shall be construed as conferring any interest in or authority or control over any lands belonging to the Crown in the right of Canada.

Marginal note:Order, etc. to be approved by Minister

• 9 (1) Any order, permit, license or certificate made under the authority of the Water Acts authorizing the construction and maintenance of any works upon or the use or occupation of any such lands shall be valid and effective to authorize such construction, maintenance, use or occupation if approved by the Minister, and subject to such terms and conditions as the Minister may prescribe.

• Marginal note:Otherwise not effective

  (2) Any such order, permit, license or certificate shall be of no effect until so approved.

• Marginal note:Indian reserves

  (3) Any order, permit, license or certificate made under the authority of the Water Acts authorizing the construction and maintenance of any works upon or the use or occupation of any Indian reserves or Indian lands shall be valid and effective to authorize such construction, maintenance, use or occupation if approved by the Superintendent General of Indian Affairs and subject to such terms and conditions as the said Superintendent General may prescribe, and any such order, permit, license or certificate shall be of no effect until so approved.

• Marginal note:Right of reclamation reserved

  (4) Nothing in this Act shall be construed as limiting or preventing the reclamation, under the authority of the Minister, of any lands.

Marginal note:Validation of administration under B.C. Water Acts

10 All licenses, orders, authorizations, and certificates issued, all acts done and all proceedings taken before the fifteenth day of June, one thousand nine hundred and twenty-six for the purpose of administration of any water within the Railway Belt, by the Board or by an officer or authority having powers and duties to exercise and perform under the provisions of the Acts of the province of British Columbia from time to time in force with respect to water in British Columbia, and all applications made before the fifteenth day of June, one thousand nine hundred and twenty-six, to the Board or to any such officer or authority with respect to the acquisition or use of water within the Railway Belt and pending on the said date shall be deemed to be valid and effective to the same extent for the like purposes, and subject in the like manner to the jurisdiction of the Board and to all the obligations and limitations imposed by the Water Acts, as if issued, done, taken, or made with respect to water in British Columbia not within the Railway Belt.

Marginal note:Protection of Dominion interests by the Minister

11 The Comptroller of Water Rights shall supply the Minister with certified copies of all applications, notices, permits, certificates, licenses, protests hereinafter mentioned or other documents received or issued under the provisions of the Water Acts affecting lands or waters in the Railway Belt, within one month of the date of the receipt or issue of the same; and no water privilege, license or right to the use of water within the Railway Belt granted under the authority of the Water Acts, in connection with which a protest has been made in writing to the Comptroller of Water Rights, within three months from the date of the posting and filing of the notice of application, by any homesteader, lessee or other lawful occupier of lands of the Crown belonging to Canada or by any administrative officer of the Dominion, shall be valid and effective unless and until the same shall have been approved by the Minister, subject to such terms and conditions as the Minister may prescribe.

12 [Repealed, 1928, c. 6, s. 3]