R-13.1 - Act respecting the land regime in the James Bay and New Québec territories

Section 102 Disposition versions

1979-08-15

102. The modification or the regularization of rivers provided for in section 101 is, however, in Category I and Category IA-N lands, subject to the following rules:

(a)  the flow regime shall not be modified in such a way as to raise the water level of a river above the highest previously recorded water level of this river;

(b)  for the purposes of establishing or maintaining, in Category I or Category IA-N lands, the services listed in section 35, 46 or 191.19, as the case may be, which are of direct benefit as contemplated in section 41 or 191.25, as the case may be, the water level of rivers may be raised above the highest recorded level;

(c)  if shore facilities or other installations or rights connected therewith are affected by the change of water level, the Government and the bodies mentioned in section 101 are liable for damages to such facilities, installations or rights connected therewith.

1978, c. 93, s. 102; 1979, c. 25, s. 35.

1979-01-31

102. The modification or the regularization of rivers provided for in section 101 is, however, in Category I lands, subject to the following rules:

(a)  the flow regime shall not be modified in such a way as to raise the water level of a river above the highest previously recorded water level of this river;

(b)  for the purposes of establishing or maintaining, in Category I lands, the services listed in sections 35 and 46 which are of direct benefit as contemplated in section 41, the water level of rivers may be raised above the highest recorded level;

(c)  if shore facilities or other installations or rights connected therewith are affected by the change of water level, the Gouvernement and the bodies mentioned in section 101 are liable for damages to such facilities, installations or rights connected therewith.

1978, c. 93, s. 102.