Dominion Water Power Act (R.S.C., 1985, c. W-4)

Marginal note: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.

Marginal note: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.

Marginal note: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.

Orders and Regulations

Marginal note: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.

Marginal note:Regulations

15 The Governor in Council may make regulations

• (a) for the storage, pondage, regulation, diversion, carriage or utilization of any water for power purposes and for the protection of any sources of the water supply;

• (b) for the development, transmission, distribution, sale, exchange, disposal or use of water-power on, through or over public lands or any other lands;

• (c) for the construction, maintenance, operation, purchase and taking over of all works that may be deemed necessary or desirable for any of the purposes set out in this Act, whether on, through or over public lands or any other lands, and for the regulation and control, in the interests of all water users, of the flow of water that may, from time to time, pass through, by or over those works;

• (d) for the use and occupancy of public lands and other lands or of any interest therein required for any of the purposes set out in this Act;

• (e) for the withdrawal from disposal under any other Act of any public lands or of any interest therein required for any purposes set out in this Act;

• (f) for the granting and the administering of rights, powers and privileges in or with respect to water-powers or undertakings;

• (g) prescribing the conditions on which the works, lands and properties held in respect of any undertaking may be taken over on the expiration of the term of any agreement, lease or licence or on the termination thereof for non-compliance with any of the covenants, terms or conditions contained in the agreement, lease or licence or for any other reason;

• (h) for the construction by or at the instance of Her Majesty of regulation or storage works for regulating or augmenting the flow of water required for power and other purposes, for the purchase or taking over of works already constructed, and for the dividing and collecting of the cost of constructing, maintaining and operating from time to time such works among all persons benefiting or in a position to benefit therefrom;

• (i) for the securing of such power output at any site, within the limits of its capacity, as may be required to supply the public demand, and the securing of the maximum power resources of all streams;

• (j) for fixing the rentals, royalties, fees, dues or charges to be paid for the diversion, use or storage of water, for the use or occupancy of lands, or for any other privileges granted in pursuance of this Act, including charges for any additional flowage created by storage or regulation works constructed by or at the instance of Her Majesty;

• (k) for regulating the passage of logs, timber and other products of the forest through or over any dams or other works erected under the authority of this Act;

• (l) for the appraisal, for the purposes of this Act, of the works, lands and properties required or used in connection with any undertaking;

• (m) for regulating and controlling the stock and bond issues of persons establishing or conducting undertakings;

• (n) for regulating and controlling the service given to the public by persons engaged in supplying water-power and for regulating and controlling the rates or charges for that service;

• (o) for the appointment or the designation of the board or commission that, in any particular territory, may regulate and control stock and bond issues, service, rates and charges;

• (p) for the appointment of a person to act with any existing authority constituted for the purposes of regulating and controlling the matters referred to in paragraphs (m) to (o);

• (q) prescribing the manner in which accounts shall be kept for the purposes of this Act by persons conducting or managing undertakings and requiring the submitting of statements and reports, annual or otherwise, by those persons;

• (r) prescribing the forms to be used in proceedings under this Act;

• (s) for the construction, maintenance and operation by the Minister of any undertaking on public lands; and

• (t) generally, for carrying into effect the purposes and provisions of this Act.