These Regulations define key terms for international river improvements, set an exemption rule, require notices and licence applications to the Minister, and give the Minister powers over licence information, issuance, variation, and cancellation.
Regulations Respecting International River Improvements These Regulations may be cited as the International River Improvements Regulations. In these Regulations, Act means the International River Improvements Act; (Loi) associated works[Revoked, SOR/93-198, s. 1] international river means water flowing from any place in Canada to any place outside Canada; (cours d’eau international) international river improvement means a dam, obstruction, canal, reservoir or other work the purpose or effect of which is to increase, decrease or alter the natural flow of an international river, and 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 means the Minister of the Environment. (ministre) An international river improvement is excepted from the operation of the Act if: the improvement has or will have in its operation an effect of less than 3 cm on the level or less than 0.3 m3/s on the flow of water at the Canadian boundary; or the improvement is of a temporary nature, to be operated for a period not exceeding two years. A person who intends to construct an international river improvement that is excepted from the application of the Act under subsection (1) shall notify and provide the Minister in writing with the information referred to in paragraphs 6(a) to (e). [Revoked, SOR/87-570, s. 2] An application for a licence under the Act shall be addressed to the Minister and shall contain the following information: the name, address and occupation of the applicant; the name and a clear description of the international river on which an international river improvement is to be made; the place where the said improvement is to be made and a description of the improvement; details as to the effect of the improvement on the level or flow of water at the Canadian boundary; details as to the effect of the improvement on the use of water outside Canada; details of the adverse effects of the improvement on flood control and other uses of water together with information as to plans to minimize such effects; a brief economic analysis of the direct and indirect benefit and costs of and resulting from the improvement; and any further details concerning the improvement tending to indicate that it is compatible with a sound development of the resources and economy of Canada. An application for a licence shall be accompanied by details of any agreement if it is intended to sell outside Canada, any part of the Canadian share of down-stream power resulting from a proposed international river improvement; and a copy of the licence for the project issued by the appropriate provincial authority. The Minister may, on receipt of an application for a licence, require that such further information pertaining to the international river improvement be submitted as is necessary to enable the Minister to dispose of the application. [Revoked, SOR/87-570, s. 5] Where an applicant for a licence has supplied all the information required by these Regulations the Minister may issue to him a licence for a period not exceeding 50 years; and upon the expiration of any licence issue a further licence for a period not exceeding 50 years. Each licence shall stipulate the terms and conditions under which the international river improvement may be constructed, operated and maintained, and the period for which it is issued. Any person who assigns or transfers a licence shall, at least one month before the assignment or the transfer, inform the Minister in writing. Upon the request of a licensee, his heirs, executors, administrators, successors or assigns, the Minister may vary the terms and conditions of a licence. Subject to subsection (2), where a licensee has failed to comply with the terms and conditions of the licence within six months after being requested in writing by the Minister to do so, the Minister may cancel the licence. Before a licence is cancelled, the Minister shall cause to be given to the licensee reasonable notice in writing of the proposed cancellation, explaining the grounds on which the Minister proposes to cancel the licence; and reasonable opportunity to respond and to make representations as to why the licence should not be cancelled. [Revoked, SOR/93-198, s. 3]