R-13 - Watercourses Act

Section 57 Disposition versions

2017-03-23

57. (Repealed).

R. S. 1964, c. 84, s. 57; 1999, c. 40, s. 251; 2017, c. 4, s. 223.

1999-10-22

57. (1)  No work mentioned in section 56 of which the construction or maintenance necessitates the taking possession or occupation of any public or private property, or prejudicially affects either of such properties, or any rights, public or private, either by the backing up of the water or otherwise, may be constructed or maintained unless the plan and specifications relating thereto have previously been approved by the Government.

If the work for which the approval contemplated by the preceding paragraph has been obtained be not effected within two years from the date of the approval, the latter shall lapse pleno jure, unless the Government have extended such time.

(2)  If any such work be constructed without such approval, or if, after having been constructed, it be not kept up in accordance with the plans and specifications which have been so approved, the demolition of such work and the restoration of such lands, either public or private, to their original condition or to a condition as nearly as possible approaching thereto, may be ordered, by any court of competent jurisdiction, upon an ordinary action instituted by the Attorney General or by any interested party, according as the land taken, occupied or affected is public or private property, without prejudice to any other recourse at law.

R. S. 1964, c. 84, s. 57; 1999, c. 40, s. 251.

1977-12-31

57. (1)  No work mentioned in section 56 of which the construction or maintenance necessitates the taking possession or occupation of any public or private property, or prejudicially affects either of such properties, or any rights, public or private, either by the backing up of the water or otherwise, may be constructed or maintained unless the plan and specifications relating thereto have previously been approved by the Government.

If the work for which the approval contemplated by the preceding paragraph has been obtained be not effected within a delay of two years from the date of the approval, the latter shall lapse pleno jure, unless the Government have extended such delay.

(2)  If any such work be constructed without such approval, or if, after having been constructed, it be not kept up in accordance with the plans and specifications which have been so approved, the demolition of such work and the restoration of such lands, either public or private, to their original condition or to a condition as nearly as possible approaching thereto, may be ordered, by any court of competent jurisdiction, upon an ordinary action instituted by the Crown or by any interested party, according as the land taken, occupied or affected is public or private property, without prejudice to any other recourse at law.

R. S. 1964, c. 84, s. 57.