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

Publication and Hearings

• 4 (1) Upon request in writing from the Director, an applicant shall, at his own expense, publish a notice of the application in at least one issue of the Canada Gazette and in one or more issues of such other publications as the Director may specify.

• (2) The notice shall be marked at the top in plain letters “Dominion Water-Power Application”, shall be in a form approved by the Director, and shall give substantially the following information:

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

  • (b) the date of application;

  • (c) the name or a clear description of the source of water supply;

  • (d) a clear description of the place of diversion;

  • (e) the maximum horsepower capacity of the proposed plant;

  • (f) the nature of the undertaking and utilization of the power;

  • (g) a statement that the application has been filed with the Director, and that protests or objections may be filed by any interested party with the Director or at certain designated local points;

  • (h) when storage or pondage of water is contemplated, the place of storage, the capacity of the intended reservoir, and a general description of the lands that are to be flooded; and

  • (i) such other information as the Director may require.

• (3) An applicant shall file proof of publication of the notice in the form of an affidavit, made by a person having knowledge of the publication, to which shall be attached a copy of the notice as published.

• (4) Following the completion of publication of the notice, a period of 30 days shall be allowed in which protests or objections may be filed with the Director.

• (5) Where a protest or objection is filed within the period specified in subsection (4), or when for other reasons, the Minister considers that a hearing should take place before action is taken, he shall designate a time and place for the hearing and shall name a person to preside over and conduct the hearing.

• (6) The hearing may be adjourned from time to time, and the applicant may be permitted for the time being to continue the preparation of his plans and the carrying on of investigations.

• (7) The person conducting the hearing shall report his findings and recommendations in writing to the Minister, and the Minister may in his discretion reject the application if he deems it necessary in the public interest.

Survey Permit

• 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.

Priority Permit

• 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.

Interim Licences

• 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.

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.