Dominion Water Power Regulations — 23
23 (1) The Minister shall cancel an interim licence when the interim licensee fails (a) to file satisfactory general construction plans within the time required; (b) to commence the actual construction of the initial development in good faith within the time specified; or (c) to make substantial and satisfactory progress in the first year of the period allowed for the construction of the initial development. (2) Where an interim licensee has in large part satisfactorily performed the requirements of his licence but fails (a) to expend on the initial development, within any of the stated periods set out in his interim licence, the amount required by that licence to be so expended, (b) to complete the initial development within the time specified, or (c) to comply with any other term or condition of his interim licence or of these Regulations, after 60 days notice has been given to the licensee and he has been given an opportunity to be heard, the Minister may cancel the interim licence or take such other action or make such order as in his opinion and subject to these Regulations is suitable. (3) Where an interim licence is cancelled under subsection (2), the interim licensee may be granted a new interim licence in priority over all other applicants for the development of the site, but the new licence shall date from the date of the original interim licence, and shall in all other respects be made subject to and shall be deemed to incorporate, in so far as applicable, the provisions of these Regulations. (4) Where an interim licence is cancelled by the Minister under this section but, in the opinion of the Minister, the interim licensee is entitled to compensation for any works constructed on public lands or for any plans filed by him in pursuance of his interim licence, the Minister, with the approval of the Governor in Council, may make such order for payment of compensation as he considers just. (5) In computing the amount of compensation to be paid under subsection (4), the Minister shall consider the damage to the public interest by reason of the default or failure of the interim licensee, and the compensation, if any, shall not exceed the actual cost of the works or plans determined in accordance with section 19 or the compensation that would be determined by applying the principles set out in subsection 28(2). (6) Where an interim licence is cancelled under this section and the interim licensee is not granted a new interim licence, the Minister may make any disposition of the public lands and the works thereon formerly occupied or constructed by the interim licensee pursuant to the terms of his interim licence, as the Minister may deem suitable. (7) Where an interim licence is cancelled under this section, the rights of Her Majesty in respect of the possession, occupation and use of any lands, works, structures, equipment or properties, other than public lands and works located thereon, owned or held by the interim licensee and used or occupied in connection with the undertaking to which the interim licence relates, and the compensation to be paid for any such lands, works, structures, equipment and properties, shall be determined in accordance with section 28.