GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Dominion Water Power Regulations — Dominion Water Power Regulations
preliminary sketch plan means the preliminary plan or sketch filed by the applicant with his initial application; ( croquis préliminaire )
Dominion Water Power Regulations — Dominion Water Power Regulations
public lands means lands belonging to Her Majesty in right of Canada and includes lands of which the Government of Canada has power to dispose; ( terres publiques )
Dominion Water Power Regulations — Dominion Water Power Regulations
severance line means the dividing or boundary line that separates those lands, works and properties used or useful in connection with the undertaking and that are considered to be essential to the power or storage development from other lands, works and properties used or useful in connection with the undertaking but not considered to be essential to the development; ( ligne séparative )
Dominion Water Power Regulations — (a)
storage development includes (a) the physical structures within the severance line required for the storage of the stream-waters for the production of power, (b) the dams or other storage works, the intakes and water conduits within the severance line, (c) all hydraulic or electrical machinery, appliances, fixtures, equipment and appurtenances, (d) lands and rights-of-way required in connection therewith, and (e) the clearings, roads, trails and railways required to be constructed that are still used and useful in connection therewith and not independently profitable; ( aménagement d’emmagasinage )
Dominion Water Power Regulations — Dominion Water Power Regulations
system or power system means all lands, structures and appurtenances required to complete the undertaking authorized, including the power development, works, reservoirs, transmission lines, distribution works, auxiliary steam or other fuel plants, the lands required to be occupied, clearings, roads and railways in so far as required in connection with the power development, and all mills, buildings, machines, appliances, fixtures, equipment and appurtenances required in connection therewith; ( réseau ou réseau de distribution d’énergie )
Dominion Water Power Regulations — Dominion Water Power Regulations
works , with reference to any power development, power system or undertaking, means all the physical structures, devices, equipment, appliances, appurtenances and things authorized or required to be constructed, maintained or operated by the applicant or licensee in respect of such power development, power system or undertaking. ( ouvrages )
Dominion Water Power Regulations — 3
 that is contemplated, the territory, if any, within which such sale, delivery or transfer is to be exercised, the probable demand for power within such territory and an estimate of the capital cost of the entire undertaking. (3) Where the applicant is an incorporated company, the application, in addition to the information required by subsections (1) and (2), shall contain (a) the names of the directors and officers of the company and their places of residence; (b) the address of the head office of the company in Canada; (c) the amount of capital authorized, subscribed, and paid-up, specifying in regard to paid-up capital, the amount paid in cash and the manner of payment for the balance; (d) the proposed method of raising further funds, if required, for the construction and operation of the proposed works; and (e) a copy of the special act of incorporation or the memorandum of association. (4) Where the applicant is a municipality or municipal district, the application, in addition to the information required by subsections (1) and (2), shall contain (a) the location, area and boundaries of the municipality or district; (b) the approximate number of inhabitants in the municipality or district; (c) the present indebtedness and the borrowing limit of the municipality or district; (d) a certified copy of any by-law or resolution passed by the municipality or district respecting the application or the undertaking to which the application relates; and (e) a certified copy of any enabling Act or other statutory provision authorizing the municipality or district to engage in the proposed undertaking. (5) All elevations given in connection with the plans or other information filed by any applicant shall be referred, if feasible, to mean sea-level datum. (6) An applicant, when requested so to do by the Minister, shall file an affidavit setting forth such facts as may be required in respect of his financial standing and his ability to carry out the proposed undertaking. (7) The Director may, at any time while an application is pending, notwithstanding any other requirement of these Regulations, require such additional plans, descriptions, measurements, specifications or other data, whether related directly or indirectly to the proposed works and undertaking, as he considers necessary, and those plans, descriptions, measurements, specifications or data shall be furnished by and at the expense of the applicant.
Dominion Water Power Regulations — 4
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.
Dominion Water Power Regulations — 5
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.
Dominion Water Power Regulations — 6
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.
Dominion Water Power Regulations — 7
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.
Dominion Water Power Regulations — 8
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.
Dominion Water Power Regulations — 9
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.
Dominion Water Power Regulations — 10
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. 1998, c. 14, s. 101(F)
Dominion Water Power Regulations — 11
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.
Dominion Water Power Regulations — 12
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.
Dominion Water Power Regulations — 14
14 (1) Only such interim rights of entry upon or of the use or occupation of any public lands shall be acquired in virtue of any interim licence as may, in the opinion of the Minister, be necessary for the purpose of making surveys, preparing plans, constructing works and otherwise carrying out the terms of the licence, and in no case shall the rights granted by any interim licence be construed to interfere in any way with any interest in public lands previously disposed of by the Crown. (2) From time to time, as plans and information are filed showing the extent and scope of the works and the undertaking of an interim licensee with greater precision than was possible at the time the interim licence was executed, and pending the execution of the final licence, the Minister may designate, allot, amend or limit the areas of the lands which the interim licensee is permitted to enter upon, use or occupy, and the Minister’s decision is final. (3) When the general construction plans are approved, or as nearly thereafter as is feasible, the Minister shall designate in writing the lands in respect of which the powers of expropriation conferred by the Dominion Water Power Act may be exercised, but an interim licensee shall not exercise such powers of expropriation until the lands are so designated.
Dominion Water Power Regulations — 15
15 Before making any material change in the general construction plans as approved, or in the works constructed or under construction under the licence, or in the location thereof authorized, an interim licensee shall submit to the Director a complete and satisfactory statement and plans of such proposed change and shall not proceed therewith until authorized to do so.
Dominion Water Power Regulations — 16
16 (1) The Minister, the Director, or any person authorized by either of them, may at any time enter and inspect the lands occupied or the works being constructed by an interim licensee, (a) for the purpose of ascertaining whether the terms and conditions of the interim licence are being satisfactorily carried out by the interim licensee, and in particular whether the construction of the works is in accordance with the plans and specifications approved pursuant to section 11, and (b) for the purpose of checking and taking note of construction-cost data, and shall be given access to all records in the possession of the interim licensee or of any contractor or subcontractor engaged on construction of the works. (2) When he considers an undertaking of sufficient importance, the Director may place a qualified inspecting engineer on the works during construction and, where the Minister considers it necessary, he may retain a consulting engineer for advice in connection with the plans or works of an interim licensee. (3) An interim licensee shall reimburse Her Majesty in right of Canada for all sums paid for salaries and expenses in respect of an undertaking on behalf of the inspecting engineer referred to in subsection (2), within 30 days after receipt of a statement of the sums so paid to a specified date being submitted to the licensee by the Director. (4) In like manner, a licensee may also be required, at the discretion of the Minister, to reimburse Her Majesty in right of Canada for all or part of sums paid for fees and expenses of the consulting engineer referred to in subsection (2). (5) An interim licensee shall comply with all reasonable written instructions of the inspecting engineer regarding the construction of all works in accordance with the plans and specifications approved pursuant to section 11, and in case of dispute regarding the reasonableness of such written instructions, or regarding the requirements of the plans and specifications, the Minister’s decision is final. (6) Where an interim licensee does not comply with the written instructions of an inspecting engineer, the Minister may order the interim licensee to suspend all operations in respect of the works until the Minister gives instructions to resume operations, and in the case of continued refusal by the interim licensee to comply with the written instructions, the Minister may cancel the interim licence. (7) An interim licensee shall submit such reports of progress during construction of the works as the Director may from time to time require.
Dominion Water Power Regulations — 17
17 (1) Within 90 days after the completion of the initial development in accordance with the general construction plans or with any authorized changes therein, and within 90 days after the completion of any additional unit of the power development or of the power system, an interim licensee shall file with the Director copies of the final construction plans. (2) The final construction plans, together with drawings and specifications accompanying them, shall show (a) the works as actually constructed in such detail as would be required to be given to construction contractors for the purpose of constructing the works; and (b) the precise areas of lands occupied as required by section 10.
Dominion Water Power Regulations — 18
18 (1) All plans required to be filed shall be on tracing linen and cut to a uniform size of 20 by 17 or 30 by 26 inches and shall satisfy the requirements of the Director. (2) All specifications shall be either printed or typed. (3) All plans except the plans referred to in section 3 and all specifications shall be signed by a professional engineer of recognized standing in Canada satisfactory to the Director.