GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Dominion Water Power Regulations — 37
37 (1) A licensee shall at all times maintain the lands, works and property held or used by him in respect of his licence in a manner satisfactory to the Director, including the maintaining of all flooded or other areas in a sanitary condition and including the improvement of the lands occupied from the point of view of landscape architecture, and shall do all in his power to protect the lands and the interests of the Crown therein against injury by any one engaged on or about his works, or by any person whomsoever. (2) Every interim or final licensee shall do everything reasonable within his power, both independently and on request by the Director, to prevent and suppress fires on or near the lands to be occupied under his licence. (3) For the purpose of limiting the spread of fires or for other reasonable purposes, every licensee shall clear and keep clear the public lands along his transmission lines for such width and in such manner as the Director may require. (4) Every licensee shall, to the satisfaction of the Director, dispose of all brush, refuse or unused timber on public lands resulting from the construction and maintenance of the works, and shall keep the lands covered by his licence at all times clear of unnecessary combustible material.
Dominion Water Power Regulations — 38
38 The Minister, the Director, or any person authorized by either may, at all reasonable times during the continuance of any licence, enter upon the public lands covered by such licence to examine the condition thereof.
Dominion Water Power Regulations — 39
39 Every licensee shall protect all telephone, telegraph and power transmission lines in existence prior to the construction of his own lines, where crossed by or in close proximity thereto, to the satisfaction of the Director or competent provincial authority, if any, and shall operate, maintain and render safe to the public his own transmission, telephone, and other lines to the satisfaction of the Director or the provincial authority, if any.
Dominion Water Power Regulations — 40
40 (1) Subject to subsection (2), an interim or final licensee shall not erect any buildings or structures upon any public lands without first submitting plans thereof to the Director and securing his approval for such building or structure and the site thereof. (2) Any temporary buildings or structures required in cases of emergency to facilitate the work of construction and erected without permission shall be entirely removed to the satisfaction of the Director as soon as the necessity ceases or within one month of receiving written notice from the Director.
Dominion Water Power Regulations — 41
41 No roads, trails, telephone lines, buildings or other improvements, the property of the Crown in right of Canada, shall be removed, altered or in any way affected by a licensee in the construction or operation of his works without the Minister’s consent in writing having been first obtained, and upon such conditions as the Minister by such writing may impose, and the Minister, if he deems it necessary, may require the licensee to furnish a bond for the satisfactory carrying out of the provisions of this section.
Dominion Water Power Regulations — 42
42 Any lands desired by a licensee for subdivision for townsite or other purposes shall be set out in the application and licence separately from lands required for other purposes connected with the undertaking, and the promotion of any such townsite is subject to the approval of the Minister and to such conditions in respect of town-planning, landscape architecture and sanitation as the Minister may impose.
Dominion Water Power Regulations — 43
43 Every interim or final licensee shall pay such sums by way of stumpage and royalty for any merchantable timber cut or removed from any public lands as may be fixed by the regulations governing the granting of yearly licences and permits to cut timber on those lands.
Dominion Water Power Regulations — 44
44 (1) A licensee shall (a) install and use first-class, modern, standard works, plant and equipment, giving consideration to requisite suitability of design, safety, strength, durability, efficiency and all other relevant factors; (b) maintain the works, plant and equipment in good repair and condition; and (c) exercise all due skill and diligence to secure the satisfactory operation of the works, plant and equipment. (2) The Minister may give the licensee written instruction concerning the carrying out of subsection (1).
Dominion Water Power Regulations — 45
45 (1) The Minister, the Director, or any person appointed by either for the purpose, shall have free access to all parts of the works, lands and properties of the licensee and to all books, plans, records or accounts used in connection with or affecting any licence or undertaking, and may from time to time make measurements and observations and take such other steps for carrying out any inquiry that may be considered necessary or expedient in the administration of these Regulations. (2) The decision of the Director in respect of the quantity of water diverted, used or stored, or capable of being diverted, used or stored, or the amount of power developed or capable of being developed under the authority of any licence, is conclusive and binding upon the licensee.
Dominion Water Power Regulations — 46
46 A licensee, before making any material change in any existing works or in their location, shall submit a complete and satisfactory statement and plans of such proposed change to the Director, and shall not proceed to make the proposed change until it has been authorized.
Dominion Water Power Regulations — 47
47 The Director may require any licensee to install and maintain in good operating condition at such places and in such manner as the Director approves, accurate meters, measuring weirs, gauges or other approved devices which shall be adequate for determining the amount of water used or power developed in the operation of the works, for determining the flow of the stream or streams from which water is or will be diverted, and for determining the amount of water held in or drawn from storage, and the licensee shall keep accurate and satisfactory records of the foregoing determinations and shall from time to time make such returns, supported if necessary by statutory declaration, as the Director may require.
Dominion Water Power Regulations — 48
48 Where, in the opinion of the Minister, a licensee has not developed the amount of power for which there is a public demand and which could be reasonably developed from the flow of water granted under his licence or controlled by him, the Minister may order the licensee to develop and render available for public use the additional amount of power for which there is, in his opinion, a public demand, up to the full extent possible from the amount of water granted under the licence or controlled by the licensee and within a period to be fixed by the Minister, which period shall be not less than two years after the licensee or the person in charge of the existing works is notified of the order.
Dominion Water Power Regulations — 50
50 Where a licensee desires to develop, sell, use or dispose of any greater quantity of power than is authorized by his licence, whether such increased disposal of power does or does not necessitate any addition to or alteration in the works, or desires to use or dispose of any power in connection with his undertaking in a manner or for a purpose other than as provided in the licence, he shall first apply to the Minister for an interim licence authorizing the construction of the works or for a final licence authorizing the additional development, sale, use or disposal of power or authorizing the use or disposal of the power in such other manner or for such other purpose, as the case may be, and the granting of the licence and the use or disposal of the additional water-power shall in every case be subject to all the provisions of the regulations from time to time in force.
Dominion Water Power Regulations — 51
51 In districts where there is no existing authority or competent jurisdiction to regulate and control transmission or distribution companies, no sale or delivery of power shall be made by any licensee to any such company except in case of emergency and then for not more than 60 days without the written consent of the Minister, unless the company has undertaken to the satisfaction of the Minister, to comply with the terms of these Regulations and of the licence to the same extent as the licensee would have been obliged to comply therewith, in so far as the use or disposal of such power is concerned.
Dominion Water Power Regulations — 52
52 Every licensee whose undertaking involves the sale, barter or exchange of the power authorized to be developed under his licence, when so requested by the Minister, shall sell power to the Crown at as low a price as is given to any other consumer for a like use at the same time and under similar conditions, if the request is within the capacity of the site and the rights of any other consumer then holding a binding contract for the delivery of power are not thereby prejudiced.
Dominion Water Power Regulations — 53
53 The Minister, with the approval of the Governor in Council, may authorize a licensee whose undertaking embraces the sale of energy or power to enter into contracts for the sale and delivery of that energy or power for periods extending beyond the term of the licence, but for not more than 10 years thereafter, and in such case, the licence will not be terminated at the end of the term unless a new licensee or some competent authority acting for or at the request of the Government of Canada has assumed to fulfil all the contracts so approved.
Dominion Water Power Regulations — 54
54 Every licence is deemed to have been executed on the express condition that the licensee shall, in respect of the river or stream upon which his works are located, (a) divert, use or store the water authorized to be diverted, used or stored by him in such a manner as not to interfere, in the opinion of the Minister, with the maximum advantageous development of the power and other resources of the river or stream; (b) conform to and comply with any orders in respect of the control or regulation of the flow of the waters of the river or stream made from time to time by the Minister or by any person authorized by the Minister in that behalf; and (c) at no time cause or permit the surface level of the waters of the river or stream or of any storage reservoir operated by him to be raised or lowered beyond the limits that are fixed from time to time by the Minister or by a person authorized by the Minister in that behalf.
Dominion Water Power Regulations — 55
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 licensee such rental as the Minister may determine, subject to these Regulations that are applicable to rentals for the development and use of water power.
Dominion Water Power Regulations — Dominion Water Power Regulations
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 )
Dominion Water Power Regulations — Dominion Water Power Regulations
capital cost of any regulating or storage works undertaken under this section means actual cost . ( frais de premier établissement )
Dominion Water Power Regulations — 56
56 (1) The Minister may enter into cooperative agreements with the authorities of any province for the purpose of providing that owners of water privileges under provincial jurisdiction shall bear a due share in the cost of any storage and regulating works undertaken under section 55, of any annual charges arising out of the construction of such works, and of rentals for the additional flowage created. (2) Subject to approval by the Governor in Council and, where required, with the assent and cooperation of the proper provincial authorities, the Minister may specify the conditions under which owners of irrigation, logging, navigation or other interests upon the stream that are benefited by regulating or storage works shall be required to share with the water-power interests the cost and charges arising under this section.
Dominion Water Power Regulations — 57
57 (1) Where the Minister deems it advisable and at any time during the term of a licence, he may cause a reappraisal of the value of the lands, works and properties held by a licensee in respect of his undertaking. (2) The basis for a reappraisal made pursuant to subsection (1) is the actual cost of the properties determined as set out in section 19, consideration being given to any extensions or permanent improvements made in the properties in the period that may have elapsed subsequent to the time of the original construction or subsequent to the last previous appraisal, as the case may be, and also to the loss in value, if any, in the properties due to physical or functional depreciation or otherwise, as well as to the variation in the purchasing power of the dollar. (3) In the case of any undertaking established under regulations made under any Act of the Parliament of Canada, the Minister, after conferring with the owner of an undertaking and with the authority, if any, having jurisdiction over the regulation and control of public utilities in the district in which the undertaking is situated, may modify the basis on which the appraisal is to be made. (4) In any valuation of the lands, works and properties held by a licensee in connection with his licence, no value shall be given or claimed for the rights and privileges granted by his licence over and above the sums, if any, actually paid to the government for such rights and privileges, but not including in any case guarantee deposits paid during the interim licence period nor any rentals or annual charges accruing during the final licence period.
Dominion Water Power Regulations — 58
58 (1) Unless exempted in writing by the Minister from compliance with this section, every licensee shall keep a true and detailed account of all expenditures made in respect of the works, lands and properties and shall file annually with the Director on or before March 1st a return for the immediately preceding year ending December 31st, based on the account and being an accurate summary thereof, the return to be attested by the oath of the licensee or in the case of a company by its president and secretary. (2) In an annual return made by a licensee the following items shall be shown separately: (a) respecting the works, (i) the actual cost thereof, giving separately each class of expenditures as indicated in the definition actual cost in section 2, (ii) amounts expended in that year for enlargements and permanent improvements authorized by the Minister, and (iii) depreciation in value from any and all causes for that year; (b) respecting lands, tenements and appurtenances not included in paragraph (a), a statement setting out, in each case, the actual cost thereof in accordance with section 19; (c) respecting capital stock, (i) the amount authorized and the number of shares into which it is divided, (ii) the number of shares subscribed for and allotted, the number of shares forfeited to date, and the owners, for the time being, of all outstanding shares, (iii) the amount of calls made on each share, and the total amount received from shareholders in cash on account of stock, (iv) the number of shares, if any, issued as fully paid-up shares as consideration for any service rendered or otherwise, specifying in each case the consideration for which such shares were issued, and (v) the amounts of dividends declared and paid; (d) respecting bonds or debentures, (i) the amount authorized, and the period of redemption, (ii) the amount sold (face value) and the rate of interest, (iii) the amount realized from sales, and (iv) the annual amount set aside as a sinking fund to meet bonded indebtedness, and the date of commencement; (e) the indebtedness other than stock and bonds, specifying the nature and amounts, and the rate of interest such indebtedness bears; (f) a statement showing the total revenues of the undertaking, specifying the amount received from each and every source; (g) maintenance and operation expenditures, separating those expenditures that are incurred at or near the works from head-office expenditures and expenditures relating to general administration; (h) the names of officers and the classification of employees with salaries, expenses or other remuneration paid or allowed; (i) the proposed extensions during ensuing years; and (j) such other data as the Minister may require. (3) If the licensee is a company, an annual return shall have attached thereto a copy of the by-laws of the company, showing all amendments thereto during the year covered by the return. (4) In respect of the classification of items under paragraphs 2(a) to (j), the methods of allowing for depreciation, and the form in which the accounts shall be kept, the Minister’s decision is final.
Dominion Water Power Regulations — 59
59 (1) Before any assignment or transfer of any licence or of the rights and privileges granted thereby or the undertaking connected therewith or any part thereof becomes valid or effective, the Minister’s approval in writing shall be obtained, and the assignment or transfer is subject to such terms and conditions as the Minister may impose. (2) When applying for approval of the assignment or transfer of a licence, the licensee shall file with the Minister a full and detailed statement of the proposed compensation to be paid to him for the rights, privileges and properties transferred in respect of the undertaking. (3) The Minister shall not grant approval of the assignment or transfer of a licence unless (a) it is shown to his satisfaction that the assignment or transfer is expedient in the public interest; (b) no remuneration is to be allowed to the assignor or transferor for the rights and privileges conferred under the licence over and above the sums, if any, actually paid to the Crown for such rights and privileges, but not including guarantee deposits paid during the interim licence period or any rentals or annual charges accruing during the final licence period; and (c) the assignee or transferee has undertaken in a manner satisfactory to the Minister to assume all the obligations of the assignor or transferor and the additional obligations prescribed by the Minister in the written approval.
Dominion Water Power Regulations — 60
60 (1) No lien may be created by mortgage or trust deed upon any power undertaking established in respect of any licence unless it is approved by the Minister and is for the bona fide purpose of financing the undertaking. (2) Any successor or assign of the rights held in respect of a licence, whether by judicial sale, foreclosure sale or otherwise, is subject to all the conditions of the licence, and to all the provisions and conditions of these Regulations to the same extent as though the successor or assign were the original licensee.
Dominion Water Power Regulations — 61
61 Lands inside the severance line used or occupied for the purposes of the undertaking shall not be alienated, sold or disposed of by the licensee without the consent of the Minister, and the alienation, sale or disposal shall be subject to such terms as the Minister may prescribe for the protection of the undertaking.
Dominion Water Power Regulations — 62
62 Whenever notice of termination or cancellation has been given to a licensee in pursuance of these Regulations, no lands whatever, whether inside or outside the severance line, used or occupied for the purposes of the undertaking shall thereafter be alienated, sold or disposed of without the consent of the Minister and the alienation, sale or disposal shall be subject to such terms as the Minister may prescribe.
Dominion Water Power Regulations — 63
63 (1) Before issuing a licence, the Minister shall submit to the prospective licensee a draft of the proposed licence, and shall secure from such licensee an acceptance thereof and an undertaking to observe and fulfil all the terms and conditions that a licensee is required to observe or fulfil under the licence and these Regulations, with particular reference to the right of Her Majesty to take over the works, lands and properties held by the licensee in connection with his licence in certain contingencies as in these Regulations provided. (2) The acceptance and undertaking referred to in subsection (1) shall bind the executors, administrators and assigns, or in the case of a company the successors and assigns of the prospective licensee.
Dominion Water Power Regulations — 64
64 (1) Any notice that is required to be given or served, or that the Minister may desire to give or serve upon any person in respect of these Regulations, shall be considered to have been validly given or served when sent by registered mail to that person addressed to his latest known address or when delivered by hand to that address. (2) A notice sent by post shall be deemed to be given when in due course of postal operations it would be delivered at the address to which it was sent.
Dominion Water Power Regulations — 65
65 The licensee shall indemnify Her Majesty in right of Canada against all actions, claims or demands arising against Her by reason of anything done by him in the exercise or purported exercise of the rights and privileges granted under the licence.
Dominion Water Power Regulations — 66
66 (1) Where applications are made therefor, the Minister may grant conditional leases or licences for the temporary use and occupation for other purposes of lands that have been reserved by the Governor in Council for water-power development, where, in the Minister’s opinion, those lands will not be utilized for a number of years in connection with water-power development and the granting of temporary leases or licences of occupation does not interfere with the purposes of the reservation. (2) Every conditional lease or licence is deemed to include provisions to the effect that, when the leased lands are required in connection with a water-power development and upon giving the conditional lessee or licensee not less than six months’ notice of cancellation in writing under his hand, the Minister may cancel the lease or licence, and terminate the rights thereby conferred, and repossess himself on behalf of Her Majesty of the leased lands and all improvements thereon without any compensation whatever being paid to the conditional licensee or lessee.
Dominion Water Power Regulations — 67
67 Notwithstanding any rights granted or approval given by any licence, every licensee shall (a) comply fully with the Canadian Navigable Waters Act and any regulations and orders made thereunder; (b) comply fully with any provincial or federal statute or regulation governing the preservation of the purity of waters or governing logging, forestry, fishing or other interests present or future that might be affected by any operations conducted under his licence; and (c) observe and carry out any instructions of the Minister in respect of any of the matters referred to in paragraphs (a) and (b) not inconsistent with the statutes and regulations referred to in those paragraphs. 2019, c. 28, s. 187
Dominion Water Power Regulations — 68
68 Any machinery, plant, structure or works constructed, installed, or placed on any public lands for the development of any water-power or for the transmission, distribution or utilization of the energy produced from such water-power, in contravention of these Regulations or of the Dominion Water Power Act , shall be removed if and when required by the Minister.