GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Dominion Water Power Act — W-4 2
Definitions 2 In this Act, Dominion water-powers means any water-powers on public lands, or any other water-powers that are the property of Canada and have been or may be placed under the administration of the Minister, but does not include water-powers on lands under the administration and control of the Commissioner of Yukon or the Northwest Territories; ( forces hydrauliques du Canada ) Minister means the Minister of Indigenous Services or, in relation to public lands in Nunavut, the Minister of Northern Affairs; ( ministre ) 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 but does not include lands under the administration and control of the Commissioner of Yukon or the Northwest Territories; ( terres domaniales ) stream or water means any river, brook, lake, pond, creek or other flowing or standing water; ( cours d’eau ou eau ) undertaking means the undertaking required or proposed to be established or carried on in pursuance of this Act or the regulations by Her Majesty or by any applicant, licensee or person in the development of any Dominion water-power or in the transmission, distribution or utilization of the force or energy produced from the water-power, and includes, in so far as authorized or required, (a) the storage, pondage, penning back, regulation, augmentation, carriage, diversion and use of water or of the flow thereof, (b) the generation of energy at any plant that is used as an auxiliary to the water-power plant, (c) the surveying, laying out, constructing, maintaining and operating of works, including dams, flumes, penstocks, power stations, transmission lines, terminal stations and substations, (d) the surveying of any public lands or other lands, the carrying on of investigations, and the collection of data, (e) the acquisition and use of lands and properties or any interest therein, (f) the administration and management of the required lands, works and properties, and the business connected therewith, and (g) matters incidental to any matters referred to in paragraphs (a) to (f); ( entreprise ) water-power includes any force or energy of whatever form or nature contained in or capable of being produced or generated from any flowing or falling water in such quantity as to make it of commercial value. ( force hydraulique ) R.S., 1985, c. W-4, s. 2; 2002, c. 7, s. 161; 2014, c. 2, s. 32 2019, c. 29, s. 363
Dominion Water Power Act — W-4
Dominion water-powers means any water-powers on public lands, or any other water-powers that are the property of Canada and have been or may be placed under the administration of the Minister, but does not include water-powers on lands under the administration and control of the Commissioner of Yukon or the Northwest Territories; ( forces hydrauliques du Canada )
Dominion Water Power Act — W-4
Minister means the Minister of Indigenous Services or, in relation to public lands in Nunavut, the Minister of Northern Affairs; ( ministre )
Dominion Water Power Act — W-4
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 but does not include lands under the administration and control of the Commissioner of Yukon or the Northwest Territories; ( terres domaniales )
Dominion Water Power Act — W-4
stream or water means any river, brook, lake, pond, creek or other flowing or standing water; ( cours d’eau ou eau )
Dominion Water Power Act — W-4 (a)
undertaking means the undertaking required or proposed to be established or carried on in pursuance of this Act or the regulations by Her Majesty or by any applicant, licensee or person in the development of any Dominion water-power or in the transmission, distribution or utilization of the force or energy produced from the water-power, and includes, in so far as authorized or required, (a) the storage, pondage, penning back, regulation, augmentation, carriage, diversion and use of water or of the flow thereof, (b) the generation of energy at any plant that is used as an auxiliary to the water-power plant, (c) the surveying, laying out, constructing, maintaining and operating of works, including dams, flumes, penstocks, power stations, transmission lines, terminal stations and substations, (d) the surveying of any public lands or other lands, the carrying on of investigations, and the collection of data, (e) the acquisition and use of lands and properties or any interest therein, (f) the administration and management of the required lands, works and properties, and the business connected therewith, and (g) matters incidental to any matters referred to in paragraphs (a) to (f); ( entreprise )
Dominion Water Power Act — W-4
water-power includes any force or energy of whatever form or nature contained in or capable of being produced or generated from any flowing or falling water in such quantity as to make it of commercial value. ( force hydraulique )
Dominion Water Power Act — W-4 3
Application of Act 3 This Act applies (a) to all Dominion water-powers; (b) to all public lands required in connection with the development or working of Dominion water-powers or for purposes incidental thereto; (c) to all lands and properties that may be acquired or authorized to be acquired under the terms and for the purposes of this Act, or may have been acquired and are still used or may be required in connection with Dominion water-powers; (d) to the power and energy produced or producible from the waters on or within the lands referred to in paragraph (c), whether the power or energy derived therefrom or any portion thereof is distributed or utilized on public lands or not; (e) to all undertakings established or carried on in respect of any Dominion water-powers; and (f) to all matters incidental to any matters referred to in paragraphs (a) to (e). R.S., c. W-6, s. 3
Dominion Water Power Act — W-4 4
Title to water-powers in Crown 4 (1) The property in, and the right to the use of, all Dominion water-powers are hereby declared to be vested in and shall remain in the Crown, except any rights of property in or relating to the use of Dominion water-powers that before June 6, 1919 were granted by the Crown. For the general advantage of Canada (2) Every undertaking under this Act is hereby declared to be a work for the general advantage of Canada. R.S., c. W-6, s. 4
Dominion Water Power Act — W-4 5
Essential lands also remain Crown property 5 (1) Public lands (a) on or within which there is water-power, (b) required for the protection of any water-power, or (c) required for the purposes of any undertaking, and the water-powers and waters thereon shall not be open to entry, and except as otherwise provided in this Act, no interest therein shall be leased or otherwise granted or conveyed by the Crown. Idem (2) Any grant or conveyance made, on or after June 6, 1919, of any public lands referred to in subsection (1) or any interest therein, except in pursuance of this Act and the regulations, shall not vest in the grantee any exclusive or other property or interest with respect to those lands. Lands adjacent to submerged areas (3) Where small areas only of any parcel or subdivision of any public lands are required to be submerged along the bank of any stream in connection with an undertaking and it has not been found practicable or expedient to make surveys for the purpose of setting out the exact limits of the area to be flooded, the Minister may dispose of the parcel or subdivision in accordance with any other Act or regulation applicable to the disposal of those lands, but reserving the right at any time to raise the water surface to such elevation as may be required in connection with the undertaking. R.S., c. W-6, s. 5
Dominion Water Power Act — W-4 6
Expropriation by Crown 6 Where any land or any interest therein is required by Her Majesty for any undertaking or is necessary for creating, protecting or developing any water-power, the Governor in Council may direct the Minister on behalf of Her Majesty to acquire by expropriation the title to that land or interest therein as may be required, and thereupon the provisions of the Expropriation Act in so far as applicable apply as if included in this Act. R.S., c. W-6, s. 6
Dominion Water Power Act — W-4 7
Power to expropriate 7 (1) Any person who, pursuant to this Act or the regulations, is authorized to carry out any undertaking may, after receiving written permission from the Minister, expropriate in accordance with the Expropriation Act any land or interest in land, other than public lands or any interest in public lands, that may, in the opinion of the Minister, be required for the undertaking. Notice to appropriate minister (1.1) Where the Minister grants permission under subsection (1), the person to whom permission is granted shall so advise the appropriate minister in relation to Part I of the Expropriation Act . Expropriation Act (1.2) Land or an interest in land in respect of which the Minister has granted permission under subsection (1) is deemed to be, for the purposes of the Expropriation Act , an interest in land or an immovable real right that, in the opinion of the appropriate minister in relation to Part I of that Act, is required for a public work or other public purpose, and a reference to the Crown in that Act shall be construed as a reference to the person to whom the Minister granted permission. Charges for services (1.3) The appropriate minister in relation to Part I of the Expropriation Act may make regulations prescribing fees or charges to be paid, in respect of an expropriation referred to in subsection (1), by a person to whom the Minister has granted permission, and rates of interest payable in respect of those fees and charges. Debt due to Her Majesty (1.4) The fees or charges are a debt due to Her Majesty in right of Canada by the person to whom the Minister has granted permission, and shall bear interest at the prescribed rate from the date they are payable. Security (1.5) The Minister may require the person to whom the Minister has granted permission to provide security, in an amount determined by the Minister and subject to any terms and conditions that the Minister may specify, for the payment of any fees or charges that are or may become payable under this section. Exception (2) This section does not apply to lands belonging to any railway company that are used or required by the company for the purposes of its railway. R.S., 1985, c. W-4, s. 7; R.S., 1985, c. 28 (3rd Supp.), s. 359; 1996, c. 10, s. 273; 2011, c. 21, s. 161
Dominion Water Power Act — W-4 8
Cancellation of entries, leases, etc. 8 (1) Where an entry, permit, lease or licence has been granted or issued, or the Crown has entered into any agreement or other form of conveyance under which public lands that are required, or any interest therein that is required, for an undertaking are occupied or held in a manner inconsistent with the carrying out of the undertaking, the Governor in Council may order and direct the cancellation of the entry, permit, lease, licence or agreement, in whole or in part, or may direct that the terms thereof be so modified as to reserve to the Crown the lands or rights in the lands that are required for the undertaking. Compensation (2) In every case compensation shall be paid to the permittee, entrant, lessee, licensee or party to an agreement or other form of conveyance referred to in subsection (1). Complete cancellation (3) In the case of a complete cancellation under subsection (1), compensation under subsection (2) shall include such sums as have been actually paid to the Crown on account of lands and expended for improvements thereon, with interest at the rate of six per cent per annum, as well as an amount to cover the estimated actual loss or damage, if any, sustained by reason of the cancellation. Partial cancellation (4) In the case of a partial cancellation under subsection (1), compensation under subsection (2) shall include the actual reasonable value, if any, of the lands or interest therein taken. Minister to fix amount (5) The Minister shall in each case fix the amount of the compensation to be paid, subject to appeal to the Federal Court. R.S., c. W-6, s. 8; R.S., c. 10(2nd Supp.), s. 64
Dominion Water Power Act — W-4 9
Joint development of water-powers 9 Where two or more water-powers are so situated that they can be more economically and satisfactorily utilized by being developed jointly and operated under one control, and (a) if those water-powers have not been granted by the Crown, the Governor in Council may order that they be disposed of in such manner and subject to such conditions as will, in his opinion, secure the joint development and single control; or (b) if the right to develop one or more of those water-powers has been granted to or is held by any person, and the Governor in Council is of the opinion that the public interest will best be served by reserving the remaining water-power or water-powers so as to bring about the joint development and single control of all of those water-powers, the Governor in Council may order the remaining water-power or water-powers to be reserved for such period as he deems necessary in order to secure the joint development and single control, and may authorize the Minister to enter into an agreement with the person holding the water-power or water-powers for the purposes described in this paragraph, and may prescribe the terms, conditions and covenants to be included in the agreement. R.S., c. W-6, s. 9
Dominion Water Power Act — W-4 10
Surveys, measurements, etc. 10 (1) The Minister may direct or order (a) that such surveys and other proceedings be taken as may, in his opinion, be required to ascertain the public lands or any other lands or any interests in any lands that it may be necessary to reserve or acquire for any undertaking, and the decision of the Minister with respect to the lands or interests therein that may in any case be required is final; (b) that a survey of all streams and all necessary investigations with respect to water-powers be taken to determine the total utilized and available water-power and the maximum that can be made available by storage, regulation or other artificial means; (c) that the volume or discharge of any stream or body of water, or the economic availability or usefulness thereof, for power purposes be ascertained; (d) that the flow or quantity of water used, and of the output of electrical or other form of energy produced from the use of water, by any licensee or other person be ascertained; and (e) that gauges, weirs, meters or other devices for water or water-power measurements or for measuring the output of electrical or other forms of energy be established. Records and plans (2) The records and plans of surveys and investigations taken under subsection (1) shall be kept on file in the Department of Indigenous Services, and may be published in such form and to such extent as the Minister may determine. R.S., 1985, c. W-4, s. 10 2019, c. 29, s. 372
Dominion Water Power Act — W-4 11
Free access to works, books, plans or records 11 The Minister or any person appointed by him for the purpose shall have free access, in connection with any of the matters set out in this section, to all works, books, plans or records in so far as they relate to any undertaking, and may take such observations, make such measurements and do such other things of, on, within or with respect to the undertaking, books, plans or records as may be considered necessary or expedient for (a) ascertaining the quantity of water stored, diverted or used, or capable of being stored, diverted or used, (b) ascertaining the amount of power developed or capable of being developed, (c) ascertaining the condition of the works, (d) determining whether the conditions to be observed or performed by any licensee, lessee or other person are being satisfactorily observed and performed, and (e) any other purpose connected with the administration of this Act, and the findings of the Minister, with respect to the quantity of water stored, diverted or used, or capable of being stored, diverted or used, or the amount of power developed or capable of being developed, shall be conclusive. R.S., c. W-6, s. 10
Dominion Water Power Act — W-4 12
Agreements with provincial authorities 12 The Minister may enter into cooperative agreements with the authorities of any of the provinces for making stream measurements, carrying on investigations, collecting and publishing data respecting water and power resources and the best methods of utilizing water and power resources. R.S., c. W-6, s. 10
Dominion Water Power Act — W-4 13
Director of Water-Power 13 For the purposes of this Act, all investigations and surveys and all undertakings shall, subject to the control of the Minister, be under the direction of a duly qualified officer to be designated the Director of Water-Power. R.S., c. W-6, s. 11
Dominion Water Power Act — W-4 14
Powers of Governor in Council 14 The Governor in Council may make such orders as are deemed necessary to carry out the provisions of this Act and the regulations according to their true intent or to meet any cases that arise for which no provision is made in this Act. R.S., c. W-6, s. 12
Weather Modification Information Act — W-5 1
Short title 1 This Act may be cited as the Weather Modification Information Act . 1970-71-72, c. 59, s. 1
Weather Modification Information Act — W-5 2
Definitions 2 In this Act, Administrator means such member of the public service as may be designated by the Governor in Council; ( directeur ) weather modification activity includes any action designed or intended to produce, by physical or chemical means, changes in the composition or dynamics of the atmosphere for the purpose of increasing, decreasing or redistributing precipitation, decreasing or suppressing hail or lightning or dissipating fog or cloud. ( essais de modification du temps ) R.S., 1985, c. W-5, s. 2; 2003, c. 22, s. 225(E)
Weather Modification Information Act — W-5
Administrator means such member of the public service as may be designated by the Governor in Council; ( directeur )
Weather Modification Information Act — W-5
weather modification activity includes any action designed or intended to produce, by physical or chemical means, changes in the composition or dynamics of the atmosphere for the purpose of increasing, decreasing or redistributing precipitation, decreasing or suppressing hail or lightning or dissipating fog or cloud. ( essais de modification du temps )
Weather Modification Information Act — W-5 3
Administrator to be informed 3 (1) Where any person proposes to engage in weather modification activities in Canada, that person shall, in such form and manner as may be prescribed, submit to the Administrator such information as may be prescribed respecting that person and the weather modification activities in which it is proposed to engage. Idem (2) Before commencing any weather modification activity, the person proposing to carry out the activity shall inform the Administrator in writing of (a) the date and time when and the place where the activity is to be carried out; (b) the names and addresses of the persons by and for whom the activity is to be carried out; (c) the purpose of the activity; (d) the equipment, materials and method to be used; and (e) the geographic area that may be affected. 1970-71-72, c. 59, s. 3
Weather Modification Information Act — W-5 4
Requirement to maintain daily records and submit report 4 (1) Every person who carries out any weather modification activity shall, in such form and manner as may be prescribed, (a) maintain a daily record of the activity, in which shall be included detailed information relating to (i) the location and operation of any equipment used, (ii) any meteorological observations made in the geographic area affected or intended to be affected by the activity, and (iii) the chemical nature, physical properties and quantities of any substances emitted into the atmosphere for the purposes of weather modification; and (b) within fifteen days from the end of the month in which the activity was carried out, submit to the Administrator a report specifying (i) the date when the activity was carried out, (ii) the nature and scope of the activity, (iii) any meteorological observations that were made, and (iv) such other information and observations relevant to the activity as may be specified by the Administrator or an authorized representative of the Administrator. Availability of records (2) Any person who has custody of a record referred to in paragraph (1)(a) shall, at such reasonable times as may be specified by the Administrator or an authorized representative of the Administrator, make that record available for inspection by the Administrator or the representative. 1970-71-72, c. 59, s. 4
Weather Modification Information Act — W-5 5
Disclosure of information 5 Any information obtained by the Administrator or an authorized representative of the Administrator pursuant to this Act may be made public or made available on request to any member of the public. 1970-71-72, c. 59, s. 5
Weather Modification Information Act — W-5 6
Regulations 6 The Governor in Council may make regulations prescribing any matter or thing that by this Act may be prescribed. 1970-71-72, c. 59, s. 6
Weather Modification Information Act — W-5 7
Offence and punishment 7 (1) Any person who fails to comply with any provision of this Act is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both. Officers, etc., of corporations (2) Where any corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to or acquiesced in the commission of the offence is a party to and guilty of the offence and is liable on summary conviction to the punishment provided by subsection (1) whether or not the corporation has been prosecuted or convicted. 1970-71-72, c. 59, s. 7
Westbank First Nation Self-Government Act — W-6.2 Preamble
Preamble WHEREAS the Government of Canada has undertaken to recommend to Parliament the enactment of legislation to give effect to the Westbank First Nation Self Government Agreement;
Westbank First Nation Self-Government Act — W-6.2
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Westbank First Nation Self-Government Act — W-6.2 1
Short title 1 This Act may be cited as the Westbank First Nation Self-Government Act .
Westbank First Nation Self-Government Act — W-6.2 2
Definition of Agreement 2 (1) In this Act, Agreement means the Westbank First Nation Self-Government Agreement signed on behalf of the Westbank First Nation and Her Majesty in right of Canada on October 3, 2003 and laid before the Senate and the House of Commons on November 5, 2003, and includes any amendments made to it from time to time in accordance with its provisions. Expressions used in Agreement (2) In this Act, the expressions council , member , Westbank First Nation , Westbank lands and Westbank law have the same meaning as in the Agreement.
Westbank First Nation Self-Government Act — W-6.2 3
Force of law of Agreement 3 (1) The Agreement is approved and has the force of law. Persons and bodies subject to Agreement (2) Persons and bodies have the powers, rights, privileges and benefits conferred on them by the Agreement and are subject to the obligations and liabilities imposed on them by the Agreement.
Westbank First Nation Self-Government Act — W-6.2 4
Agreement binding 4 (1) The Agreement is binding on and may be relied on by all persons. International obligations (2) The provisions of the Agreement respecting Canada’s international legal obligations may be invoked only by a party to the Agreement.
Westbank First Nation Self-Government Act — W-6.2 5
Conflicts with other federal laws 5 In the event of a conflict between this Act or the Agreement and any other federal law, this Act or the Agreement prevails to the extent of the conflict.