Water Power Regulation, M.R. 25/88 R

• Jurisdiction: Manitoba
• Regulation Number: 25/88 R
• Enactment Date: 05 April 2024
• Year: 2024
• Type of Document: Regulations

Definitions

1(1) In this regulation,

"accepted", "approved", "directed", "ordered", "required", "satisfactory to" and words of similar import mean respectively accepted, approved, directed, ordered, required or satisfactory to the minister or director; (« accepté », « approuvé », « prescrit », « ordonné », « exigé » ou « à la satisfaction de »)

"actual construction" means any necessary and authorized work carried on under this regulation and ordinarily includes

(a) engineering investigations and reports,

(b) the clearing of lands,

(c) the construction of roads or railways,

(d) stream improvements, and

(e) other essential work undertaken solely in the construction of works authorized and not used independently as a source of profit,

but excludes

(f) promotion work,

(g) the underwriting, sale, or disposal of stocks and bonds, and

(h) the general administrative or directive functions which are exercised by officers of the company or other persons at some distance from the actual scene of operations; (« construction réelle »)

"actual cost" with respect to any development or works means the actual legitimate cost of such development or works in use and useful for the purposes of the undertaking at the time that any particular inquiry is being made, and ordinarily includes

(a) the cost of engineering services appertaining to the construction of such development and works,

(b) interest during construction,

(c) taxes and insurance during construction,

(d) contractor's profit,

(e) the purchase of equipment,

(f) the cost of roads, railways, clearings, or other essential works undertaken and carried on solely in the construction of such development or works and not independently profitable, and

(g) such other expenditures as are necessary and inherent items of construction,

but does not include

(h) promotion expenses,

(i) the cost of underwriting, selling, or disposing of stocks and bonds or the provision of capital for purposes other than those included in clauses (a) through (g), and

(j) head office and other expenditures relating to general administration exercised at some distance from the development or works which are not necessary and inherent parts of the construction expenditures; (« coût réel »)

"applicant" means any person who has filed an application for a licence under this regulation, and includes any permittee or interim licensee; (« requérant »)

"court" means the Court of King's Bench; (« tribunal »)

"final construction plans" means the plans described in sections 25 and 35 of a power development or power system as actually constructed, and shall in every case include plans of the lands as finally occupied to conform with the requirements of section 24; (« plans de construction définitifs »)

"final licence" means a licence authorizing the diversion, use, or storage of water for power purposes, or the transmission and distribution of water power, as set out in sections 43 and 44; (« licence définitive »)

"general construction plans" means the plans described in sections 21 and 23 of the works which must be approved by the department before the interim licensee is permitted to commence the construction of the power development; (« plans généraux de construction »)

"general layout plans" means the plans described in sections 12 and 13, which must be filed by the applicant before an interim licence may be issued, and which are to aid the department in determining whether the proposed undertaking is feasible and practicable and in the public interest; (« plans d'ensemble »)

"interim licence" means a licence authorizing the preparation of general construction plans and the construction of works in pursuance of such plans, as more particularly set out in sections 18 and 19; (« licence provisoire »)

"notice" means a written notice referred to in section 91; (« avis »)

"permittee" means the holder of a priority permit under this regulation; (« titulaire de permis »)

"preliminary sketch plan" means the preliminary plan or sketch filed by the applicant with the initial application as described in subsection 3(1); (« croquis préliminaire »)

"plans" means one or more of preliminary sketch plans, general layout plans, general construction plans and final construction plans; (« plans »)

"priority permit" means a permit granting certain priority in the consideration of an application as provided in sections 14 to 16; (« permis prioritaire »)

"provincial lands" means and includes all lands and real property of whatsoever nature or kind and all the right, interest or estate therein heretofore vested in or that may hereafter be acquired by the Crown and any other lands or any interest therein which have been or may be placed under the control and management of the minister; (« terres provinciales »)

"regulation" includes this regulation and any regulation in force for the granting and administering of the water powers and of lands required in connection with the development and use thereof; (« règlement »)

"severance line" means the line within which, in the event that the licence should ever be terminated either by the failure to renew it upon the expiry of the term, or by voidance, cancellation, or any other legal process, the lands, works, and properties used or useful in connection with the undertaking should be considered as essentially tributary to the power or storage development, and outside of which such lands, works, and properties should be subject to be taken over on a different basis; (« ligne de division »)

"survey permit" means a permit to make surveys as provided in sections 7 or 8; (« permis d'arpentage »)

"works", when used with reference to any power development, power system or similar undertaking means all the physical structures, devices, equipment, appliances, appurtenances and things whatsoever, authorized or required to be constructed, maintained, or operated by the applicant or licensee in respect of such power development, power system or similar undertaking. (« ouvrages hydrauliques »)

1(2) The following definitions shall apply to the six stages in development of works:

"independent works" means all works and plants outside of the power system which may be classed as more tributary to independent undertakings of the licensee than to the undertaking authorized; (« ouvrages indépendants »)

"initial development" or "initial power or storage development" means such portion of the "power or storage development" as is specified in the interim licence as being required to be constructed before a final licence may be issued; (« aménagement initial » ou « aménagement d'energie hydraulique ou aménagement d'emmagasinage initial »)

"inter-connected systems" or "inter-connected power systems" means the power system and all plants and works connected therewith, related thereto and interdependent upon it, and similarly used in the generation, transmission, and distribution of electrical energy; (« réseaux conjugués » ou « réseaux conjugués d'énergie hydraulique »)

"power development" or "development" means the physical structures within the severance line required for the storage or use of the stream waters, for the production of power therefrom, and for the transmission thereof, and shall ordinarily include the dams or other diversion works, the power house, the conduits conducting water thereto, the transmission lines within the severance line, and all hydraulic or electrical machinery, appliances, fixtures, equipment, appurtenances and lands and rights of way required in connection therewith, as well as clearings, roads, trails and railways insofar as required to be constructed and still used and useful in connection therewith and not independently profitable; (« aménagement d'énergie hydraulique » ou « aménagement »)

"storage development" or "development" means the physical structures within the severance line required for the storage of the streamwaters for the production of power, and shall ordinarily include the dams, intakes or other storage works, water conduits within the severance line, all hydraulic or electrical machinery, appliances, fixtures, equipment and appurtenances, and lands and rights of way required in connection therewith, as well as clearings, roads, trails, and railways insofar as required to be constructed and still used and useful in connection therewith and not independently profitable; (« aménagement d'emmagasinage » ou « aménagement »)

"system" or "power system" means all lands, structures and appurtenances required to complete the undertaking authorized, including the power development, works, reservoirs, transmission lines, distribution works, auxiliary steam or other fuel plants, the lands required to be occupied, clearings, roads and railways insofar as required in connection with the power development, and all mills, buildings, machines, appliances, fixtures, equipment and appurtenances required in connection with the foregoing. (« réseau » ou « réseau d'énergie hydraulique »)

Small water powers

2 Applications for the development of water powers, the capacity of which, under average usable flow conditions, does not exceed, in the opinion of the director, 500 horsepower, and which are not considered to be of primary importance for commercial or public utility purposes, may be dealt with under the provisions of section 90.

The application

3 Every applicant for a licence to divert, use or store water for power purposes shall file with the director a statement giving or accompanied by the following information:¹

(a) the name of the applicant;

(b) the applicant's post office address and occupation;

(c) the name or a clear description of the river, lake, or other watercourse from which the water is to be diverted or used;

(d) the place where the water is to be diverted from or in the said watercourse, referred if possible to an established monument of the Manitoba lands system of surveys, and also the place where the water is to be returned or released;

(e) the maximum...