17.1. A local municipality may operate, alone or with another person, an enterprise that produces electricity at a wind farm or a hydro-electric power plant.
In the case of a hydro-electric power plant, the enterprise must be controlled by the local municipality. However, if the local municipality operates the enterprise with a regional county municipality or a band council within the meaning of the Indian Act (R.S.C. 1985, c. I-5) or the Cree-Naskapi (of Quebec) Act (S.C. 1984, c. 18), the enterprise may be controlled by one or more of those operators.
For the purposes of the first and second paragraphs, a local municipality whose territory is included in that of a regional county municipality may not operate an enterprise producing electricity at a hydro-electric power plant unless the regional county municipality has agreed to it.
If the enterprise is operated jointly under the first paragraph with another municipality or a band council, it need not be operated in the territory of all of those operators.
2005, c. 50, s. 107; 2006, c. 31, s. 118; 2010, c. 42, s. 15.