Kananaskis Falls and Horseshoe Falls Water Power Regulations — 1
ee. 8 Except as provided in paragraph 2(a) of the Agreement attached as Schedule I to The Alberta Natural Resources Transfer (Amendment) Act, 1945 , the Licensee shall not assign this Licence or any of the privileges thereunder except in accordance with the regulations made under the Dominion Water Power Act . 9 In the event of the Government of Canada taking over, controlling and operating the Minnewanka storage dam, the Licensee shall, upon six months’ notice in writing from the Minister responsible for these works under the Dominion Water Power Act , pay such rental for the benefits derived from the operation of the storage dam for the development of water-power at Kananaskis Falls as is sufficient to cover its fair share of the costs of operating the dam, relative to other beneficiaries. 10 In case of dispute between the Minister and the Licensee as to the amount of money payable under section 9, it shall be fixed by arbitration in accordance with the paragraph 4(g). 11 The Licensee shall maintain and operate the works authorized hereby, in accordance with the practice of a reasonably prudent electrical utility, to the satisfaction of the Minister responsible for these works under the Dominion Water Power Act . The Minister has the power at any time to have the works inspected by such person as the Minister may appoint and the Licensee shall pay all reasonable expenses connected with the inspection, up to a maximum of two inspections per year, including any fee or remuneration paid the inspector for the inspection on the presentation of certified accounts to the Licensee by the Minister. 12 The Licensee shall carry out a closure and reclamation program that has been approved by the Director on cancellation, expiration or other termination of this Licence, except where the Director notifies the Licensee that the works will continue to be operated by another person. Where this Licence is being terminated by the Crown before its term is up for a reason other than default by the Licensee, the Crown shall reimburse the Licensee for the costs of carrying out the program. The Licensee shall, not later than three years before the decommissioning of the works, submit to the Director a detailed plan for the closure and reclamation of the works (referred to hereinafter as the “Plan”) that sets out the Licensee’s plan to meet the following objectives: (a) ensure that the site is physically stable, and that any requirements for long term maintenance and monitoring are minimized; (b) eliminate any threat to public safety; (c) prevent any continuing impacts from contaminants and wastes on the environment; and (d) restore the site to a reasonable state, giving due consideration to economics and to any future uses. The Director shall review the Plan and, if the Director determines that it meets the objectives set out in paragraphs (a) to (d), approve it. Where the Director does not approve the Plan, the Director shall, after consulting with the Licensee on the reasonable changes that should be made to the Plan in order that it meet those objectives, approve the Plan with such changes. 13 Compensation will be paid to the Licensee in accordance with (a) sections 28 and 29 of the Dominion Water Power Regulations as they read on the date this Licence is signed, in the case where the Licensee applies for a renewal at the end of a term of this Licence but the Minister decides not to renew it or where Her Majesty in right of Canada takes possession of the works upon giving the notice required by the regulations; and (b) the regulations, as amended from time to time, made under the Dominion Water Power Act , in the case where the Licensee does not apply for a renewal at the end of a term of this Licence. 14 No member of the House of Commons shall be admitted to any share or part of this Licence or to any benefit to arise therefrom.