Dominion Water Power Regulations — 55
55 (1) In this section and in sections 57 and 58, annual outlay means all yearly maintenance, operation and depreciation costs, and necessary amortization costs other than instalments of the capital cost, incurred in respect of regulating or storage works together with interest on the capital cost; ( frais annuels ) capital cost of any regulating or storage works undertaken under this section means actual cost . ( frais de premier établissement ) (2) Where regulating or storage works are undertaken upon any stream by the Government of Canada or by any commission, board, company or person upon the authority of the Government for the control or augmentation of the flow of that stream for water-power or other purposes, the capital cost of the works or any part thereof may be assessed by the Minister upon the owners or licensees of all the water-power sites in the stream, whether those sites are fully developed, partially developed or entirely undeveloped. (3) Where the capital cost of regulating or storage works upon a stream is assessed pursuant to subsection (2), the assessments shall be determined according to the relative benefits that, in the opinion of the Minister, are or will be derived by the respective owners or licensees of the works from the regulated or increased flow, and may also be charged against owners of water privileges under provincial jurisdiction in accordance with section 56. (4) The capital cost, assessed pursuant to subsection (2), may be made payable in annual instalments, extending over such period of years, and in such respective amounts for any stated years, as the Minister may determine; and the Minister may provide, if any water-power sites mentioned in subsection (2) are undeveloped or have not commenced to be operated at the time when the regulating or storage works are undertaken, that the commencement of payment of the annual instalments may in such cases be deferred until development and operation take place, or until such time has elapsed thereafter as the Minister may deem suitable. (5) The total annual outlay in respect of works undertaken under this section shall be a charge upon such of the water-power developments on the stream as are in a position to utilize the regulated or increased flow in whole or in part, and shall be apportioned among them in proportion to the respective benefits estimated as accruing from time to time to those developments from the regulated or increased flow. (6) A due proportion of the annual outlay in respect of works undertaken under this section may also be charged against owners of water privileges under provincial jurisdiction in accordance with section 56. (7) A schedule of the proportion of the annual outlay referred to in subsection (6) to be debited against the respective water-power developments shall be prepared from time to time at the direction of the Minister, and shall remain in effect for a period of not less than three years. (8) In fixing the respective proportions of annual outlay for any period of years, the use made by the licensee for the period immediately preceding may be taken into consideration. (9) The schedule of proportions prepared pursuant to subsection (7) may be revised at any time with the consent of all the licensees affected. (10) A water-power development that has come into operation or the utilization of the stream-flow of which has been substantially increased within the period during which a schedule of the proportion of annual outlay is effective may, at the discretion of the Minister, be debited with its proportionate share of the annual outlay from the time of the commencement of the operation, in which case the proportion charged upon each of the existing developments shall be correspondingly reduced. (11) In addition to paying the assessments of capital cost and the annual charges as provided for in this section, every licensee may be required to pay for the additional flowage created by any works and used by the lic