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R-13 - Watercourses Act

Section 81
Disposition versions

Full text
81. (Repealed).
1968, c. 34, s. 4; 1979, c. 49, s. 37; 1994, c. 17, s. 63; 1999, c. 40, s. 251; 1999, c. 36, s. 158; 2006, c. 3, s. 35; I.N. 2016-01-01 (NCCP); 2017, c. 4, s. 228.
81. When a work serving to retain the waters of a lake, pond, river or stream is in such condition as to endanger persons or property, any judge of the Superior Court sitting in the district where such work is located may, upon an application by the Attorney General and presented even during a suit, order the owner of such work to perform the works necessary to ensure the safety of such persons or property or, if there is no other effective remedy, to demolish the work within such time as he fixes, and order that, on failure to do so within such time, the Minister of Sustainable Development, Environment and Parks may perform such works or effect such demolition at the expense of the owner.
In cases of exceptional urgency, the judge may authorize the Minister of Sustainable Development, Environment and Parks to perform such works or effect such demolition forthwith, and the Attorney General may claim the cost thereof from the owner.
When the owner of the work is unknown or of doubtful identity or cannot be found, the judge may authorize the Minister of Sustainable Development, Environment and Parks to perform the works or effect the demolition forthwith, and the Attorney General may claim the cost thereof from the owner if he ever identifies or finds him.
1968, c. 34, s. 4; 1979, c. 49, s. 37; 1994, c. 17, s. 63; 1999, c. 40, s. 251; 1999, c. 36, s. 158; 2006, c. 3, s. 35; I.N. 2016-01-01 (NCCP).
81. When a work serving to retain the waters of a lake, pond, river or stream is in such condition as to endanger persons or property, any judge of the Superior Court sitting in the district where such work is located may, upon motion by the Attorney General and presented even during a suit, order the owner of such work to perform the works necessary to ensure the safety of such persons or property or, if there is no other effective remedy, to demolish the work within such time as he fixes, and order that, on failure to do so within such time, the Minister of Sustainable Development, Environment and Parks may perform such works or effect such demolition at the expense of the owner.
In cases of exceptional urgency, the judge may authorize the Minister of Sustainable Development, Environment and Parks to perform such works or effect such demolition forthwith, and the Attorney General may claim the cost thereof from the owner.
When the owner of the work is unknown or of doubtful identity or cannot be found, the judge may authorize the Minister of Sustainable Development, Environment and Parks to perform the works or effect the demolition forthwith, and the Attorney General may claim the cost thereof from the owner if he ever identifies or finds him.
1968, c. 34, s. 4; 1979, c. 49, s. 37; 1994, c. 17, s. 63; 1999, c. 40, s. 251; 1999, c. 36, s. 158; 2006, c. 3, s. 35.
81. When a work serving to retain the waters of a lake, pond, river or stream is in such condition as to endanger persons or property, any judge of the Superior Court sitting in the district where such work is located may, upon motion by the Attorney General and presented even during a suit, order the owner of such work to perform the works necessary to ensure the safety of such persons or property or, if there is no other effective remedy, to demolish the work within such time as he fixes, and order that, on failure to do so within such time, the Minister of the Environment may perform such works or effect such demolition at the expense of the owner.
In cases of exceptional urgency, the judge may authorize the Minister of the Environment to perform such works or effect such demolition forthwith, and the Attorney General may claim the cost thereof from the owner.
When the owner of the work is unknown or of doubtful identity or cannot be found, the judge may authorize the Minister of the Environment to perform the works or effect the demolition forthwith, and the Attorney General may claim the cost thereof from the owner if he ever identifies or finds him.
1968, c. 34, s. 4; 1979, c. 49, s. 37; 1994, c. 17, s. 63; 1999, c. 40, s. 251; 1999, c. 36, s. 158.
81. When a work serving to retain the waters of a lake, pond, river or stream is in such condition as to endanger persons or property, any judge of the Superior Court sitting in the district where such work is located may, upon motion by the Attorney General and presented even during a suit, order the owner of such work to perform the works necessary to ensure the safety of such persons or property or, if there is no other effective remedy, to demolish the work within such time as he fixes, and order that, on failure to do so within such time, the Minister of the Environment and Wildlife may perform such works or effect such demolition at the expense of the owner.
In cases of exceptional urgency, the judge may authorize the Minister of the Environment and Wildlife to perform such works or effect such demolition forthwith, and the Attorney General may claim the cost thereof from the owner.
When the owner of the work is unknown or of doubtful identity or cannot be found, the judge may authorize the Minister of the Environment and Wildlife to perform the works or effect the demolition forthwith, and the Attorney General may claim the cost thereof from the owner if he ever identifies or finds him.
1968, c. 34, s. 4; 1979, c. 49, s. 37; 1994, c. 17, s. 63; 1999, c. 40, s. 251.
81. When a work serving to retain the waters of a lake, pond, river or stream is in such condition as to endanger persons or property, any judge of the Superior Court sitting in the district where such work is located may, upon motion by the Attorney General and presented even during a suit, order the owner of such work to perform the works necessary to ensure the safety of such persons or property or, if there is no other effective remedy, to demolish the work within such delay as he fixes, and order that, on failure to do so within such delay, the Minister of the Environment and Wildlife may perform such works or effect such demolition at the expense of the owner.
In cases of exceptional urgency, the judge may authorize the Minister of the Environment and Wildlife to perform such works or effect such demolition forthwith, and the Attorney General may claim the cost thereof from the owner.
When the owner of the work is unknown or of doubtful identity or cannot be found, the judge may authorize the Minister of the Environment and Wildlife to perform the works or effect the demolition forthwith, and the Attorney General may claim the cost thereof from the owner if he ever identifies or finds him.
1968, c. 34, s. 4; 1979, c. 49, s. 37; 1994, c. 17, s. 63.
81. When a work serving to retain the waters of a lake, pond, river or stream is in such condition as to endanger persons or property, any judge of the Superior Court sitting in the district where such work is located may, upon motion by the Attorney General and presented even during a suit, order the owner of such work to perform the works necessary to ensure the safety of such persons or property or, if there is no other effective remedy, to demolish the work within such delay as he fixes, and order that, on failure to do so within such delay, the Minister of the Environment may perform such works or effect such demolition at the expense of the owner.
In cases of exceptional urgency, the judge may authorize the Minister of the Environment to perform such works or effect such demolition forthwith, and the Attorney General may claim the cost thereof from the owner.
When the owner of the work is unknown or of doubtful identity or cannot be found, the judge may authorize the Minister of the Environment to perform the works or effect the demolition forthwith, and the Attorney General may claim the cost thereof from the owner if he ever identifies or finds him.
1968, c. 34, s. 4; 1979, c. 49, s. 37.
81. When a work serving to retain the waters of a lake, pond, river or stream is in such condition as to endanger persons or property, any judge of the Superior Court sitting in the district where such work is located may, upon motion by the Attorney-General and presented even during a suit, order the owner of such work to perform the works necessary to ensure the safety of such persons or property or, if there is no other effective remedy, to demolish the work within such delay as he fixes, and order that, on failure to do so within such delay, the Minister of Natural Resources may perform such works or effect such demolition at the expense of the owner.
In cases of exceptional urgency, the judge may authorize the Minister of Natural Resources to perform such works or effect such demolition forthwith, and the Attorney-General may claim the cost thereof from the owner.
When the owner of the work is unknown or of doubtful identity or cannot be found, the judge may authorize the Minister of Natural Resources to perform the works or effect the demolition forthwith, and the Attorney-General may claim the cost thereof from the owner if he ever identifies or finds him.
1968, c. 34, s. 4.
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