Short Title

Marginal note:Short title

1 This Act may be cited as the International River Improvements Act.

Interpretation

Marginal note:Definitions

2 In this Act,

international river

cours d’eau international

international river means water flowing from any place in Canada to any place outside Canada; (cours d’eau international)

international river improvement

ouvrage destiné à l’amélioration d’un cours d’eau international

international river improvement means a dam, obstruction, canal, reservoir or other work the purpose or effect of which is

• (a) to increase, decrease or alter the natural flow of an international river, and

• (b) to interfere with, alter or affect the actual or potential use of the international river outside Canada; (ouvrage destiné à l’amélioration d’un cours d’eau international)

Minister

ministre

Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act. (ministre)

Regulations

Marginal note:Regulations

3 The Governor in Council may, for the purpose of developing and utilizing the water resources of Canada in the national interest, make regulations

• (a) respecting the construction, operation and maintenance of international river improvements;

• (b) respecting the issue, cancellation and suspension of licences for the construction, operation and maintenance of international river improvements;

• (c) prescribing fees for licences issued under this Act; and

• (d) excepting any international river improvements from the operation of this Act.

Licences

Marginal note:Licences required

4 No person shall construct, operate or maintain an international river improvement unless that person holds a valid licence therefor issued under this Act.

Punishment

Marginal note:Offences

5 Every person who contravenes this Act or any regulation is guilty of an offence and liable

• (a) on conviction on indictment to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding five years or to both; or

• (b) on summary conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months or to both.

Marginal note:Forfeiture

• 6 (1) The Governor in Council may order that any international river improvement or part thereof constructed, operated or maintained in contravention of this Act or the regulations be forfeited to Her Majesty in right of Canada, and any thing so forfeited may be removed, destroyed or otherwise disposed of as the Governor in Council directs.

• Marginal note:Costs recoverable

  (2) The costs of and incidental to any removal, destruction or disposition under subsection (1), less any sum that may be realized from the sale or other disposition thereof, are recoverable by Her Majesty in right of Canada from the owner as a debt due to the Crown.

General

Marginal note:Exception

7 This Act does not apply in respect of an international river improvement

• (a) constructed under the authority of an Act of Parliament;

• (b) situated within boundary waters as defined in the treaty relating to boundary waters and questions arising between Canada and the United States signed at Washington on January 11, 1909; or

• (c) constructed, operated or maintained solely for domestic, sanitary or irrigation purposes or other similar consumptive uses.

Marginal note:Binding on Her Majesty

8 This Act is binding on Her Majesty in right of Canada or a province.

Marginal note:When provincial laws to apply

9 Notwithstanding anything in this Act, an international river improvement is subject to the same laws to which it would be subject if it were a river improvement within the legislative jurisdiction of the legislature of the province in which it is situated except in so far as the laws of that province are repugnant to this Act or the regulations.

Marginal note:Report to Parliament

10 As soon as practicable after the 31st day of December of each year, the Minister shall prepare and lay before Parliament a report of the operations under this Act for that year.