This Act is designed to create a legal framework for the use and diversion of stream waters. Such waters, and the right to their use and flow are, subject to licences issued under this Act, vested in the Government (sect. 2). The Lieutenant Governor in Council (LGC) may determine the application of this Act to groundwaters as well (sect. 3). Applications for licences may be made by various persons, including owners of lands or mines, municipalities, improvement districts, water users' communities or development districts and regional water authorities (all defined in section 1) (sect. 7). Licences may be obtained for the diversion and beneficial use of water; water storage; construction, maintenance and operation of water works; alteration or improvement of streams or channels for any purpose; construction of necessary works for the purpose of conserving fish or wildlife (sect. 5). If the use/diversion is for less than 12 months, written approval from the comptroller or a regional water manager is sufficient (sect. 8). The remainder of the Act sets out procedures for applications and management of the licence regime, rights and responsibilities of licence holders, subjecting the exercise of such rights to the Act and its regulations. The LGC may make regulations in respect of dividing territory into water districts, permits over Crown lands, expropriation, use of streams for floating timber, among others (sect. 46). Section 52 allows for the establishment of "water users' communities" as public corporate bodies composed of 6 or more licencees.
Canada · 1939-11-30