Consolidated Statutes and Regulations Consolidated Statutes Consolidated Regulations Annual Statutes and Regulations Annual Statutes Annual Regulations Additional information Québec Official Publisher What’s new? Information note Policy of the Minister of Justice Laws: Amendments Laws: Provisions not in force Laws: Provisions brought into force Annual Statutes: PDF versions since 1996 Regulations: Amendments Annual Regulations: PDF versions since 1996 Court Decisions

R-13 - Watercourses Act

Section 3
Disposition versions

Full text
3. The transfer of hydraulic power vested in the domain of the State is prohibited subject to section 32 of the Hydro-Québec Act (chapter H-5).
The lease of hydraulic power vested in the domain of the State is permitted only
(1)  where the hydraulic power is necessary for the operation, at a specific place along a watercourse, of a hydro-electric power plant generating more than 50 megawatts attributable to the domain of the State, such lease being, in every case, authorized by law;
(2)  where hydraulic power is necessary for the operation, at a specific place along a watercourse, of a hydro-electric power plant generating 50 megawatts attributable to the domain of the State or less or where the lessee is a municipality, such lease being authorized by the Government and made subject to the conditions it determines.
Before recommending to the Government the lease of hydraulic power under subparagraph 2 of the second paragraph, the Minister may consult with the regional county municipality concerning the implications of a hydro-electric project in its territory.
The lessee shall pay into the Generations Fund any rent and other fees or charges payable under subparagraph 2 of the second paragraph.
Ownership of hydraulic power in the domain of the State is and always has been attached to ownership of the bed of the watercourses in the domain of the State. This paragraph is declaratory.
R. S. 1964, c. 84, s. 3; 1977, c. 5, s. 14; 1977, c. 60, s. 1; 1978, c. 41, s. 28; 1988, c. 53, s. 1; 1999, c. 12, s. 1; 1999, c. 40, s. 251; 2000, c. 22, s. 66; 2006, c. 46, s. 58; 2006, c. 24, s. 17.
3. The transfer of hydraulic power vested in the domain of the State is prohibited subject to section 32 of the Hydro-Québec Act (chapter H-5).
The lease of hydraulic power vested in the domain of the State is permitted only
(1)  where the hydraulic power is necessary for the operation, at a specific place along a watercourse, of a hydro-electric power plant generating more than 50 megawatts attributable to the domain of the State, such lease being, in every case, authorized by law;
(2)  where hydraulic power is necessary for the operation, at a specific place along a watercourse, of a hydro-electric power plant generating 50 megawatts attributable to the domain of the State or less or where the lessee is a municipality, such lease being authorized by the Government and made subject to the conditions it determines.
Before recommending to the Government the lease of hydraulic power under subparagraph 2 of the second paragraph, the Minister may consult with the regional county municipality concerning the implications of a hydro-electric project in its territory.
Ownership of hydraulic power in the domain of the State is and always has been attached to ownership of the bed of the watercourses in the domain of the State. This paragraph is declaratory.
R. S. 1964, c. 84, s. 3; 1977, c. 5, s. 14; 1977, c. 60, s. 1; 1978, c. 41, s. 28; 1988, c. 53, s. 1; 1999, c. 12, s. 1; 1999, c. 40, s. 251; 2000, c. 22, s. 66; 2006, c. 46, s. 58.
3. The transfer of hydraulic power vested in the domain of the State is prohibited subject to section 32 of the Hydro-Québec Act (chapter H-5).
The lease of hydraulic power vested in the domain of the State is permitted only
(1)  where the hydraulic power is necessary for the operation, at a specific place along a watercourse, of a hydro-electric power plant generating more than 50 megawatts attributable to the domain of the State, such lease being, in every case, authorized by law;
(2)  where hydraulic power is necessary for the operation, at a specific place along a watercourse, of a hydro-electric power plant generating 50 megawatts attributable to the domain of the State or less or where the lessee is a municipality, such lease being authorized by the Government and made subject to the conditions it determines.
Before recommending to the Government the lease of hydraulic power under subparagraph 2 of the second paragraph, the Minister may consult with the regional county municipality concerning the implications of a hydro-electric project in its territory.
R. S. 1964, c. 84, s. 3; 1977, c. 5, s. 14; 1977, c. 60, s. 1; 1978, c. 41, s. 28; 1988, c. 53, s. 1; 1999, c. 12, s. 1; 1999, c. 40, s. 251; 2000, c. 22, s. 66.
3. The transfer of hydraulic power vested in the domain of the State is prohibited subject to section 32 of the Hydro-Québec Act (chapter H-5).
The lease of hydraulic power vested in the domain of the State is permitted only
(1)  where the hydraulic power is necessary for the operation, at a specific place along a watercourse, of a hydro-electric power plant generating more than 50 megawatts attributable to the domain of the State, such lease being, in every case, authorized by law;
(2)  where hydraulic power is necessary for the operation, at a specific place along a watercourse, of a hydro-electric power plant generating 50 megawatts attributable to the domain of the State or less or where the lessee is a municipality, such lease being authorized by the Government and made subject to the conditions it determines.
R. S. 1964, c. 84, s. 3; 1977, c. 5, s. 14; 1977, c. 60, s. 1; 1978, c. 41, s. 28; 1988, c. 53, s. 1; 1999, c. 12, s. 1; 1999, c. 40, s. 251.
3. The transfer of hydraulic power vested in the public domain is prohibited subject to section 32 of the Hydro-Québec Act (chapter H-5).
The lease of hydraulic power vested in the public domain is permitted only
(1)  where the hydraulic power is necessary for the operation, at a specific place along a watercourse, of a hydro-electric power plant generating more than 50 megawatts attributable to the public domain, such lease being, in every case, authorized by law;
(2)  where hydraulic power is necessary for the operation, at a specific place along a watercourse, of a hydro-electric power plant generating 50 megawatts attributable to the public domain or less or where the lessee is a municipality, such lease being authorized by the Government and made subject to the conditions it determines.
R. S. 1964, c. 84, s. 3; 1977, c. 5, s. 14; 1977, c. 60, s. 1; 1978, c. 41, s. 28; 1988, c. 53, s. 1; 1999, c. 12, s. 1.
3. The transfer of hydraulic power vested in the public domain is prohibited subject to section 32 of the Hydro-Québec Act (chapter H-5).
The lease of hydraulic power vested in the public domain is permitted only
(1)  where the hydraulic power is necessary for the operation, at a specific place along a watercourse, of a hydro-electric power plant generating more than 25 megawatts, such lease being, in every case, authorized by law;
(2)  where hydraulic power is necessary for the operation, at a specific place along a watercourse, of a hydro-electric power plant generating 25 megawatts or less or where the lessee is a municipality, such lease being authorized by the Government and made subject to the conditions it determines.
R. S. 1964, c. 84, s. 3; 1977, c. 5, s. 14; 1977, c. 60, s. 1; 1978, c. 41, s. 28; 1988, c. 53, s. 1.
3. Any sale, transfer or definitive alienation of hydraulic power forming part of the public domain and having a natural force of two hundred and twenty-five kilowatts or over at its ordinary flow during six months is prohibited.
No lease or letting of any hydraulic power contemplated in the first paragraph shall be made or granted otherwise than under a new act of the Legislature authorizing, in each case, one such lease or letting.
However, the Government may, on such conditions and for such time as it may deem expedient to determine, lease or let to a municipal corporation, to an electricity cooperative formed under the Rural Electrification Act (1945, chapter 48) or to Hydro-Québec any hydraulic power forming part of the public domain.
R. S. 1964, c. 84, s. 3; 1977, c. 5, s. 14; 1977, c. 60, s. 1; 1978, c. 41, s. 28.
3. Any sale, transfer or definitive alienation of hydraulic power forming part of the public domain and having a natural force of two hundred and twenty-five kilowatts or over at its ordinary flow during six months is prohibited.
No lease or letting of any hydraulic power contemplated in the first paragraph shall be made or granted otherwise than under a new act of the Legislature authorizing, in each case, one such lease or letting.
However, the Gouvernement may, on such conditions and for such time as it may deem expedient to determine, lease or let to a municipal corporation, to an electricity cooperative formed under the Rural Electrification Act (1945, chapter 48) or to the Commission hydroélectrique du Québec any hydraulic power forming part of the public domain.
R. S. 1964, c. 84, s. 3; 1977, c. 5, s. 14; 1977, c. 60, s. 1.
© Gouvernement du Québec