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SNL2008 CHAPTER E-11.02

ENERGY CORPORATION OF NEWFOUNDLAND AND LABRADOR WATER RIGHTS ACT

Amended:

2009 c27

CHAPTER E-11.02

AN ACT TO ENABLE THE ISSUANCE OF WATER RIGHTS TO THE ENERGY CORPORATION OF NEWFOUNDLAND AND LABRADOR FOR THE LOWER CHURCHILL RIVER

(Assented to June 4, 2008 )

Analysis



Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

        1. This Act may be cited as the Energy Corporation of Newfoundland and Labrador Water Rights Act.

2008 cE-11.02 s1

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Definitions

        2. In this Act

             (a)  "diversion " means "diversion" as defined in the Water Resources Act ;

             (b)  "Energy Corporation of Newfoundland and Labrador " means the corporation incorporated under the Energy Corporation Act ; and

             (c)  " Lower Churchill River " means

                      (i )  that part of the Churchill River below the intersection of the Churchill River with the meridian of 63 ° 40' west of Greenwich, downstream to the intersection of the Churchill River with the meridian of 60 ° 45' west of Greenwich, and all waters that naturally flow into, or by diversion flow into, the Churchill River between those 2 points, and

                     (ii)  that part of the Churchill River upstream of the point of intersection of the Churchill River with the meridian of 63 ° 40' west of Greenwich that lies below the 425 foot contour line or below elevation 425 feet, as referenced in Appendix A of The Churchill Falls (Labrador) Corporation Limited (Lease) Act , 1961 ,

but excludes the area described in Appendix A to The Churchill Falls ( Labrador ) Corporation Limited (Lease) Act, 1961 , and all waters while they are in that area.

2009 c27 s1

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Extinguishment of rights

        3. Subject to the provisions of the Lower Churchill Development Act, any property in and rights to the use and flow of water, previously conferred by a grant, lease, licence or other instrument or under a statute of the province, or vested in, acquired by or accruing to a person by whatever means relating to the Lower Churchill River are extinguished.

2008 cE-11.02 s3

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No liability

        4. (1) An action or proceeding does not lie or shall not be instituted or continued against the Crown or a minister, employee or agent of the Crown based on a cause of action arising from, resulting from or incidental to the extinguishment of any property and rights under section 3.

             (2)  A cause of action against the Crown or a minister, employee or agent of the Crown arising from, resulting from or incidental to an extinguishment of property and rights under section 3 is extinguished.

2008 cE-11.02 s4

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No compensation

        5. A person is not entitled to compensation or damages from the Crown or a minister, employee or agent of the Crown arising from, resulting from or incidental to the extinguishment of property and rights under section 3.

2008 cE-11.02 s5

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Granting of water rights

        6. (1) Subject to the provisions of the Lower Churchill Development Act , notwithstanding the provisions of the Water Resources Act and notwithstanding subsection 68(1) of the Environmental Protection Act , the Lieutenant-Governor in Council may, upon the request of the Energy Corporation of Newfoundland and Labrador, issue a licence, lease or other instrument granting water rights with respect to the Lower Churchill River to the Energy Corporation of Newfoundland and Labrador where the Energy Corporation of Newfoundland and Labrador proposes to use the water rights for water power generation purposes.

             (2)  The Lieutenant Governor in Council may establish the terms and conditions applicable to a licence, lease or other instrument issued under subsection (1).

             (3)  Notwithstanding subsections (1) and (2), a licence, lease or other instrument issued to the Energy Corporation of Newfoundland and Labrador shall not authorize the corporation to construct a water power generation facility other than on the portion of the Churchill River below the 425 foot contour line or all the area that lies below elevation 425 feet as referenced in Appendix A of The Churchill Falls (Labrador) Corporation Limited (Lease) Act , 1961, downstream to the intersection of the Churchill River with the meridian of 60 ° 45' west of Greenwich.

2008 cE-11.02 s6

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Application of certain provisions of the Electrical Power Control Act, 1994

        7. Subsection 5.4(1) of the Electrical Power Control Act, 1994 applies to water rights that are granted under a licence, lease or other instrument under section 6 of this Act.

2008 cE-11.02 s7