S-3.1.01 - Dam Safety Act

Section 36 Disposition versions

2022-05-12

36. In addition to the other regulatory powers provided for in this Act, the Government may make regulations

(1)  determining the methods and criteria to be used to calculate the height of a dam and the impounding capacity;

(2)  requiring, in the cases, on the conditions and within the time it determines, liability insurance to be contracted or security or a guarantee to be furnished, and determining the extent, term, amount and other conditions applicable thereto;

(3)  prescribing, in the cases, on the conditions and within the time it determines, the creation of a special trust fund to cover the costs generated by the maintenance or, where applicable, the removal of the works, where the operation of a dam is stopped temporarily or permanently, and in particular the rules governing the financing and administration of the trust fund and the conditions applicable to the payment of sums out of the trust fund;

(3.1)  prescribing, in the cases it determines, the use of forms made available by the Minister;

(4)  fixing the file processing fees payable by any person filing a declaration or applying for an authorization or approval or for the renewal or modification of an authorization or approval, or the method and criteria to be used to calculate the fees, and determining the terms and conditions of payment;

(5)  determining the annual fees payable to the Minister by dam owners to cover the costs incurred in the administration of this Act and the regulations, or the method and criteria to be used to calculate the fees, and determining the terms and conditions of payment;

(6)  prescribing the time within which the Minister must make a decision pursuant to section 5, 7, 17 or 23;

(7)  (subparagraph repealed).

The regulations may make mandatory any standards, methods or technical procedures established by another government or by a body responsible for establishing them and prescribe that in such a case, references to the texts containing them are references to those texts as subsequently amended.

2000, c. 9, s. 36; 2022, c. 8, s. 160.

2002-04-11

36. In addition to the other regulatory powers provided for in this Act, the Government may make regulations

(1)  determining the methods and criteria to be used to calculate the height of a dam and the impounding capacity;

(2)  requiring, in the cases, on the conditions and within the time it determines, liability insurance to be contracted or security or a guarantee to be furnished, and determining the extent, term, amount and other conditions applicable thereto;

(3)  prescribing, in the cases, on the conditions and within the time it determines, the creation of a special trust fund to cover the costs generated by the maintenance or, where applicable, the removal of the works, where the operation of a dam is stopped temporarily or permanently, and in particular the rules governing the financing and administration of the trust fund and the conditions applicable to the payment of sums out of the trust fund;

(4)  fixing the file processing fees payable by any person filing a declaration or applying for an authorization or approval or for the renewal or modification of an authorization or approval, or the method and criteria to be used to calculate the fees, and determining the terms and conditions of payment;

(5)  determining the annual fees payable to the Minister by dam owners to cover the costs incurred in the administration of this Act and the regulations, or the method and criteria to be used to calculate the fees, and determining the terms and conditions of payment;

(6)  prescribing the time within which the Minister must make a decision pursuant to section 5, 9, 17 or 23;

(7)  determining, from among the provisions of a regulation made pursuant to this Act, the provisions a violation of which constitutes an offence, and specifying, for each offence, the fines to which the offender is liable; such fines may not exceed $500,000.

The regulations may make mandatory any standards, methods or technical procedures established by another government or by a body responsible for establishing them and prescribe that in such a case, references to the texts containing them are references to those texts as subsequently amended.

2000, c. 9, s. 36.