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Dominion Water Power Regulations — 19
19 (1) Upon completion of the initial development including any substantial addition thereto or any additional lands or rights-of-way acquired within the severance line, a sum shall be fixed by the Minister that, in conformity with these Regulations, shall represent the actual cost of the development. (2) A final licence shall not be issued to an interim licensee until he has fully complied with the requirements of this section and sections 17 and 18 in so far as they relate to the completion of the initial development. (3) For the purpose of determining whether an interim licensee’s progress in constructing works has been sufficient to comply with the terms of his interim licence and of these Regulations, or for determining whether any part of the interim licensee’s guarantee deposit is repayable or for any other purpose, but not oftener than once in a calendar year, the Minister may require that the actual cost shall be established of such part of the initial development as has been constructed to a certain date. (4) For the purpose of establishing the actual cost of a part of an initial development under subsection (3), an interim licensee shall promptly submit all figures and data in his possession, and a sum shall be fixed to represent the cost of that part of the initial development in the manner referred to in subsection (1) for fixing the cost of the entire initial development. (5) No part of an interim licensee’s guarantee deposit claimed to be repayable under subsection 13(3) shall be refunded until the licensee fulfils all the requirements of this section.
Dominion Water Power Regulations — 20
20 (1) Where the works are put into operation before the issuance of the final licence, an interim licensee shall, pending the issuance of such final licence and until otherwise agreed upon, maintain and operate the works to the satisfaction of the Director and shall at no time raise or permit to be raised the level of the waters of any river, lake or other body of water higher than the elevation to be fixed from time to time by the Director, and shall abide by all regulations which may from time to time be promulgated by the Minister for the control of the flowage of any waters for general conservation purposes. (2) From the date of the initial production of power from the development until the date set in the interim licence for the completion of the initial development, an interim licensee shall pay rental for water used in the production of power at the rates set out in the interim licence. (3) From the date set in the interim licence for the completion of the initial development, an interim licensee shall pay rental for water used in the production of power at the rates set out in subsection 30(7). (4) In addition to any obligations specifically imposed upon interim licensees, every interim licensee shall, in so far as his position for the time being is similar to that of a final licensee, observe and comply with all the provisions of these Regulations applicable to final licensees with respect to the use and occupancy of public lands and waters, the maintenance and operation of his works and the carrying on of his undertaking.
Dominion Water Power Regulations — 21
21 Subject to these Regulations, (a) the terms of any interim licence may be amended by a supplementary licence, and (b) the plans and specifications previously approved may be amended with the consent in writing of the Minister, but any such amendment shall affect only the portion specifically covered in that supplementary licence or writing, and shall not operate to alter or amend or in any way whatever be a waiver of any other part, condition or provision of the original interim licence.
Dominion Water Power Regulations — 22
22 (1) Where, by reason of engineering difficulties that could not reasonably have been foreseen or by other peculiar or special causes beyond his control other than the want of funds, an interim licensee has been prevented from (a) filing general construction plans, (b) commencing construction, (c) expending sums required to be expended within any stated period, or (d) completing the initial development, the Minister may grant an extension of time for completing those requirements. (2) The maximum extension that may be granted for the filing of general construction plans, for the commencement of construction work or for the expenditure of the sums required in an interim licence within the first and second years of the construction period, or within such other stated times as are specified in the interim licence, is 12 months.
Dominion Water Power Regulations — 24
24 (1) As soon as an interim licensee has completed his initial development and has otherwise fulfilled the terms of the interim licence, he shall file in the office of the Director written notice of such completion and fulfilment. (2) Subject to subsection (3), the Director shall have an inspection and if necessary a survey made of the works constructed or used and of the lands and waters used or occupied in connection with the undertaking. (3) Where the Director deems inspection unnecessary, he may require the interim licensee to file, not later than 60 days after the expiry of the time fixed for completion of the initial development, proof of the completion and fulfilment of the terms of the interim licence, in the form of a statutory declaration satisfactory to the Director. (4) Upon compliance on the part of the licensee with the requirements of this section, the Director shall determine a date that, for the purposes of these Regulations, shall be the date of completion of the initial development.
Dominion Water Power Regulations — 25
25 (1) Upon completion of the initial development according to the plans previously approved and upon fulfilment of and compliance with all the terms and conditions of his interim licence and of such of the provisions of these Regulations as are applicable, an interim licensee shall be entitled to the issue of a final licence authorizing the diversion, use or storage of water for the development of energy therefrom, for the utilization of such energy, and for the occupation or use of public lands that, in the Minister’s opinion, are required for the proper maintenance and operation of the works. (2) The Minister may issue a final licence in the form of two or more separate indentures, covering the rights granted in respect of the diversion and use of the waters and the occupation and use of the lands that are to be granted but, where such separate indentures are issued, they shall be executed concurrently and the terms and conditions of each indenture shall be deemed to be incorporated in all indentures, and non-compliance with any term or condition in any such indenture shall be taken to be non-compliance with the terms and conditions of all indentures. (3) Upon the issue of a final licence, all rights held and obligations assumed under the interim licence shall cease and determine. (4) A final licence shall contain (a) the rates or the amounts of the annual rentals payable during the first term of the licence for (i) water used or stored, which shall be at the rates set out in subsection 30(7), (ii) land occupied, and (iii) any other privilege granted; and (b) such other terms and conditions as the Minister may impose.
Dominion Water Power Regulations — 26
26 (1) The Minister may issue a final licence for a term not exceeding 50 years from the date fixed in the original interim licence for the completion of the initial development. (2) Where a final licence has been in effect for 30 years and upon 12 months’ notice having been given to the licensee by the Minister, Her Majesty may take possession of the works, lands and properties of the licensee, paying compensation therefor in accordance with the principles set out in sections 28 and 29. (3) In determining the value of the power development, the Minister may add to the amount determined in accordance with subsection 28(2) a bonus equal to three-quarters of one per cent of such amount for each and every full year of the unexpired term of the licence but in no case shall such bonus be less than five per cent of such amount. (4) In valuing works and lands outside the severance line, the Minister may, as provided in section 29, increase the bonus referred to in subsection (3) to an amount not exceeding 20 per cent of the physical value of the works or of the actual cost of the lands.
Dominion Water Power Regulations — 27
27 (1) Not less than four nor more than six years prior to the termination of any licence, the licensee may apply in writing for an extension of rights held under such licence, and applications may also be filed with the Director by other persons looking to the future utilization of the site to which the licence applies. (2) Any application under subsection (1) shall be in such form and contain such statements and information as will satisfy the laws and regulations then in force, and an application for renewal by a licensee shall be accompanied by a suitable undertaking on the part of the licensee that he will comply with all those laws and regulations. (3) Upon filing an application for the renewal and undertaking referred to in subsection (2), a licensee will be given preference over other applicants for a licence to use and occupy the waters and lands set out in his licence during a further term, if the licensee has complied with all the requirements of his licence and of the regulations from time to time in force to the satisfaction of the Minister and his proposed use and development of the site is at least as desirable in the public interest as that of any other applicant. (4) Within the four-year period immediately preceding the termination of any licence and after such public hearing as the Minister may deem necessary, but subject always to the laws and regulations then in force, the Minister shall determine, in view of all applications then pending for the future occupation and use of the waters and lands connected with the power development, including the applications for renewal, if any, of the licensee, what future disposition shall be made of those waters and lands. (5) Where a disposition of the waters and lands referred to in subsection (4), other than a licence to the licensee for a further term, is decided upon, the Minister shall give the licensee not less than three years notice in writing (hereinafter called notice of termination ) that from and after the expiry of his licence or from and after such subsequent date as is fixed by the Minister, all further rights of the licensee in respect of the occupancy and use of the waters and lands shall terminate; and thereupon from and after such expiry, or from and after such subsequent date, as the case may be, all further rights of the licensee shall absolutely cease and terminate without further proceeding.
Dominion Water Power Regulations — 28
28 (1) Upon the expiry of the final licence or upon the expiry of the time fixed in the notice of termination, as the case may be, a power development shall become the property of the Crown and the Minister, or such person as he may designate in that behalf, may immediately and without further proceeding enter upon, possess, occupy, operate and control the power development. (2) The Minister shall compute the compensation for a power development on the basis of the figure previously fixed in accordance with section 19 as the actual cost of the development, adjust this figure so as to make allowance for any variation in the purchasing power of the dollar as shown by the official trade index or other official statistics most applicable to the case, and deduct an amount equivalent to the actual loss in value of the works due to their physical or functional depreciation or to other causes.
Dominion Water Power Regulations — 29
29 Where it is desired to take over works and lands that are outside the severance line but within the power system, the Minister, (a) in determining the compensation to be paid for those works, (i) shall fix a sum that represents their physical value by (A) considering either first cost, replacement cost or any other similar criteria that will enable him to arrive at the physical value of the works, and (B) excluding good will, going concern, franchise value, severance damages and any intangible elements of a like nature, and (ii) may add to the sum representing their physical value an amount not exceeding 10 per cent thereof for the purpose of covering such severance damages as is deemed just; (b) in determining the compensation to be paid for those lands, (i) shall take as the basis of such compensation the amount previously established as their actual cost in accordance with section 19, (ii) shall make an allowance for the variation in the purchasing power of the dollar, and (iii) may, in his discretion, add to the result so determined a bonus not exceeding 10 per cent thereof to cover such severance and other intangible values as is deemed proper to allow under the circumstances.
Dominion Water Power Regulations — 30
d the annual load factor shall be as determined by the Director, who for this purpose may use any available data, such as switchboard records in the case of electrical plants. (11) Every licensee generating electrical energy, unless exempted by the Director in writing, shall install an approved recording wattmeter and shall preserve and produce for inspection all records made by the wattmeter. (12) The annual rental for water used in the production of power in the Northwest Territories or Yukon Territory is 75 per cent of the annual rental as computed in subsections (1) to (11), inclusive.
Dominion Water Power Regulations — Dominion Water Power Regulations
40 per cent and 50 per cent — $1.25 per h.p.-year
Dominion Water Power Regulations — Dominion Water Power Regulations
50 per cent and 60 per cent — $1.20 per h.p.-year
Dominion Water Power Regulations — Dominion Water Power Regulations
60 per cent and 70 per cent — $1.15 per h.p.-year
Dominion Water Power Regulations — Dominion Water Power Regulations
70 per cent and 80 per cent — $1.10 per h.p.-year
Dominion Water Power Regulations — Dominion Water Power Regulations
80 per cent and 90 per cent — $1.05 per h.p.-year
Dominion Water Power Regulations — Dominion Water Power Regulations
90 per cent and 100 per cent — $1.00 per h.p-year.
Dominion Water Power Regulations — 31
31 (1) Upon the expiry of the first 20-year period and every 10 years thereafter, the annual rental shall be subject to revision. (2) Six months prior to the termination of any 10-year period mentioned in subsection (1), where either the Minister or a licensee deems a revision of the rate of the annual rental per horsepower-year advisable, he may notify the other party to that effect, whereupon both parties shall endeavour to reach an agreement upon the rate for the succeeding 10-year period. (3) When agreement is not reached within 90 days after the receipt of the notification mentioned in subsection (2), the Minister may refer the matter to such board, commission or authority as may be created or designated by the Governor in Council for the purpose of considering such matter and reviewing the rentals. (4) The board, commission or authority referred to in subsection (3), when recommending the rentals to be charged, shall take into consideration the earning capacity of the plant, the supply of power available therefrom and from any other sources in the district, the average selling price of the power and any special conditions or circumstances affecting the plant. (5) The rental for each year of a 10-year period mentioned in subsection (1) shall be based on the actual station output for the year in horsepower-years at the turbine shaft as estimated by the Director and in the case of electrical plants the Director may use switchboard records or any other available data. (6) Where a licensee is engaged in the sale of power, an upward revision of the rate of the rental per horsepower-year may be made only if the upward revision does not make it impossible for the licensee to earn a fair rate of return on the actual cost of the physical properties used and useful in connection with the undertaking, and provides for the amortization of such costs, including interest, as may be necessary and legitimate for promoting and organizing the enterprise and providing capital otherwise than as included in the actual cost. (7) The costs that are to be amortized shall be fixed in the same manner and at the same time as the actual cost as set out in section 19. (8) The fair rate of return referred to in subsection (6) shall be considered as being cumulative from the date upon which the licensee first began the sale of power from the initial development.
Dominion Water Power Regulations — 32
32 (1) Where a board or commission is designated, under the authority of the Dominion Water Power Act , to regulate in a particular area the rates charged for electrical energy by licensees engaged in the sale, barter or exchange of hydro-electric energy, every such licensee shall immediately submit the schedule of rates under which he is then operating to the board or commission for adjustment and approval, and before putting into effect any new schedule of rates and prices to be charged to consumers for power, shall submit that schedule of rates for adjustment and approval, and no rates or prices for power shall be legal or enforceable until so submitted. (2) The board or commission referred to in subsection (1) may, on the complaint of any affected party or on its own initiative, require the submission or the resubmission at any time of existing schedules of rates and prices for adjustment and approval, but the rates and prices, when once adjusted or approved in accordance with this section, shall thereafter not be again revised within a period of five years, except by mutual consent of the revising authority and a licensee, and the rates charged by any licensee shall not be reduced under this section so as to make it impossible for the licensee to earn a cumulative fair rate of return in accordance with the provisions of subsections 31(6), (7) and (8). (3) Every licensee shall abide by and comply with such reasonable regulation and control of the service rendered and to be rendered by him to consumers of power furnished or transmitted in virtue of his licence as may be prescribed from time to time by the board or commission referred to in subsection (1), and shall also abide by and comply with any orders of the board or commission in respect of stock and bond issues. (4) The board or commission referred to in subsection (1) may (a) ascertain and determine from time to time and by order fix the proper and adequate rates of depreciation on the several classes of property used or useful in connection with the undertaking of any licensee, and the licensee shall set aside out of earnings and place in separately invested depreciation reserves such amounts as will conform to the rates so ascertained, determined and fixed; and (b) specify the purpose for which and the manner in which depreciation reserves and the income arising from the investment thereof are to be expended. (5) Until the commission or board referred to in subsection (1) is designated to act in any particular area, the powers of regulation and control set out in this section may be exercised by the Minister.
Dominion Water Power Regulations — 33
33 (1) Every licence shall be valid or effective to authorize the entry upon or use or occupation of any public lands only in such manner and to such extent and for such length of time as may be necessary for the purpose of constructing, maintaining and operating the works authorized to be constructed, maintained and operated under such licence. (2) Where, in the opinion of the Minister, continued or further entry upon or the use or occupation of public lands in whole or in part for the purposes referred to in subsection (1) becomes unnecessary, because of their non-use or abandonment or for any other reason, the Minister shall give the licensee written notice of the contemplated withdrawal of those lands and his reasons therefor, and the lands may thereupon be withdrawn in whole or in part from the operation of the licence.
Dominion Water Power Regulations — 34
34 (1) Public lands required only for the purpose of flooding those lands, whether in connection with a storage reservoir or for regulating the flow of a stream or otherwise, shall be set out in the interim or final licence separately from the lands required for other purposes, and no licence shall be valid to convey any further use of the lands than the right of flooding in such manner and to such extent and at such times as may be required for the purposes of the undertaking. (2) Where, in the opinion of the Minister, the rights of the licensee are not thereby prejudicially interfered with, every grant of a right to flood public lands in connection with any undertaking is subject to the right of Her Majesty to grant additional liberty or privilege to any person for any purpose or in any manner to enter upon, use or occupy those lands. (3) Every licensee shall, to the satisfaction of the Minister, clear and keep clear from timber, brush and other material, all lands which are to be flooded. (4) No licensee shall fence or otherwise enclose any flooded public lands except with the consent of the Minister in writing.
Dominion Water Power Regulations — 35
35 (1) Lands forming part of the bed of any stream, the use or occupation of which is required for the site of authorized works, or for the construction or the operation thereof, shall be set out in a licence separately from lands required for other purposes, and no licence conveys any exclusive right in or to the use or occupancy of such land, or any further right than may be required from time to time for the actual construction and operation of the works. (2) Every grant of a right to use or occupy any public lands forming part of the bed of any stream is subject to the right of Her Majesty to grant additional liberty or privilege to any person for any purpose or in any manner to enter upon, use or occupy those lands, but (a) the rights of the licensee shall not be prejudicially interfered with by any such grant; and (b) the Minister shall give the licensee notice of his intention to grant such additional liberty or privilege, and an opportunity of being heard.
Dominion Water Power Regulations — 36
36 (1) When a narrow strip only of public lands is required solely for the rights-of-way for transmission lines, for water conduits or for similar purposes, and the lands are located within the agreed upon severance line, they shall be set out in the licence separately from lands required for other purposes, and the licensee shall not acquire under any licence any rights to the use or occupation of any such lands further than, in the opinion of the Minister, are required from time to time for the purpose of constructing, maintaining and operating such transmission lines or water conduits or for otherwise carrying out the purposes specified in the licence, and every such right is subject to the right of Her Majesty to grant additional liberty or privilege to any person for any purpose or in any manner to enter upon, use or occupy the lands; but the rights of the licensee shall not be prejudicially interfered with by any such subsequent grant, and the Minister shall give the licensee notice of his intention to make such grant and an opportunity of being heard. (2) When the narrow strip of land referred to in subsection (1) is located outside the severance line agreed upon, the lands may be granted to the licensee by licence of occupation or in such fee as the Minister may determine but, where the undertaking or works of the licensee are taken over in pursuance of these Regulations or of the Dominion Water Power Act , the licensee is not entitled to receive an amount of compensation for the rights-of-way greater than the amount that would be established in accordance with paragraph 29(b).