I. - DE CL A H A TORY AND INTERPRETATIVE
7297. 1. This subsection does not apply to dams, weirs or bridges erected in or over rivers, streams or creeks, nor to anything done bona jide in or for erecting such dams, weirs or bridges, nor to any obstruction caused by trees eut- down or felled for the purpose of being used as bridges, unless the flow of water or the passing of rafts be impeded.
2. Nothing in this subsection shall affect the rights of joint stock companies as to the floating of timber.
3. The word “timber” means saw logs, timber for building purposes and ail other kinds of timber. R. S. Q., 2972c ; 54 V., c. 25, s. 1.
II.- — RIGHT OF FLOATING AND TRANSMITTING TIMBER ETC., DOWN RIVERS, STREAMS AND CREEKS, AND OF EXECUTING WORKS FOR THAT PURPOSE
72 9S. Subject to the provisions of this subsection, any person, firm or company may, during the spring, summer and autumn freshets, float and transmit timber, rafts and craft- down ail rivers, lakes, ponds, streams and creeks in this Province. R. S. Q., 2972d ; 54 V., c. 25, s. 1 ; 4 Ed. VII, c. 14, s. 2.
7299. It’is and always has been lawful to erect and maintain dams, slides, aprons, booms, gate-locks or other necessary works to facilitate the floating or transmission of timber, rafts.
7299a. 1. No work or improvement mentioned in article 7299, of which the construction, execution or maintenance nécessitâtes the taking possession or occupation of public propert.y or of that of a third person, 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, executed or maintained unless
Dams, &c.J notaffected.
Nor certain companies.
Meaning of “timber.”
Timber, &c.j may be floated down rivers, <fcc.
Dams, &c., to facilitate floating of timber, &c.
Plan and spécifications must be approved by Lt.-Gov. in C. in certain case.
On penalty of démolition.
Application by pétition.
In case of individual.
Deposit of plan, &c.
Notice.
Approval b> Lt.-Gov.
in C.
the plan and spécifications relatin g thereto hâve previously been approved by the Lieutenant-Governor in Council.
2. If any such work is constructed without such approval, or if, after having been constructed, it is not kept up in accordance with the plan and spécifications which hâve been so approved, the démolition 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 préjudice to any other recourse at law.
3. Any corporation, partnership or person intending to execute or construct any work or improvement referred to in article 7299, must apply by pétition to the Lieutenant- Governor in Council, and forward such pétition to the Minister of Lands and Forests, with a plan, spécifications and a mémorandum shewing the nature of the work or improvement and the land or lands which will be affected.
4. If any part of the lands or rights taken, occupied or affected belongs to an individual, it shall likewise be obligatory to :
a. Deposit a duplicate or a copy of the plan and spécifications mentioned in paragraph 3 of this article at the registry office of the registration division where it is intended to carry on the work, where they may be examined by any person during office hours ; and
b. Give a notice, in accordance with the form A, of the application and of the deposit of such plan and spécifications, by advertisement published in one issue of the Quebec Official Gazette, and also, in the locality where it is intended to carry on the work, in the manner in which municipal public notices are there published ; provided that, if the work is to be carried on in a territory not yet organized, the notice in the Quebec Official Gazette shall be sufficient.
5. The Lieutenant-Governor in Council may approve purely and simply, any plan and spécifications submitted for approval under this article, or may approve them subject to such modifications and conditions as he may deem useful or expédient, or may refuse to approve them.
6. If the construction and maintenance of any such work nécessitâtes the taking possession or occupation of any public lands, or if such work must hâve the effect of flooding or otherwise prejudicially affecting such public lands or any other rights of the Province, it shall be necessary to obtain from the Lieutenant-Governor in Council, in advance, in addition to the approval referred to in this article, in considération of an annual rental or other rémunération, a concession of the lands or the public rights which will be so taken, occupied or affected.
7. The Lieutenant-Governor in Council may make, amend or repeal any tariff of fees that he may deem just, in regard to the approval of plans and spécifications submitted under paragraph 3 of this article, and the examination and study found necessary.
8. This article shall not apply to any work or improvement of the same nature as those mentioned in this article, which has been executed or constructed before the 9th of February, 1918, nor to any work or improvement of a temporary nature, which it may become necessary to execute or construct during the actual operation of the floating and transmission of any timber, raft or craft. 8 Geo. V, ch. 68, s. 1.
72996. 1. Every corporation, partnership or person owning, possessing, controlling or operating any work or improvement of the nature of those to which article 7299a applies, must, within fifteen months following the 9th of February, 1918, furnish to the Minister of Lands and Forests a plan and spécifications shewing the locality or localities in which such work or improvement is situated, its nature, and approximately the area of land, and the rights, either public or private, affected by the backing up of the water or otherwise, by reason of the existence of such work or improvement.
2. On failure of the person above-mentioned to furnish the said plan and spécifications within the prescribed delay, the Minister of Lands and Forests may hâve the same prepared at the expense of such person.
3. Within a delay of two months after the receipt or the préparation of such plan and spécifications by the Minister of Lands and Forests, the person owning, possessing, controlling or operating such work or improvement
Concession must be obtained in certain case
Tariff of fees.
Application of article.
Plan and spécifications of existing works.
Minister may bave the same prepared at expense of owner, <fcc.
Concession must be obtained.
Rémunération may be fixed by I.t - Gov in C.
May be granted after expiry of delays.
Riglits of persons making improvements on streams, &c.
must obtain from the Lieutenant-Governor in Council, in considération of an animal rental or other rémunération, a concession of the land or of the public rights which will be taken, occupied or affected.
On failure of the person obliged thereto to obtain such concession within the above delay, the Lieutenant-Governor in Council may fix the rémunération which such person shall be bound to pay.
Nevertheless the Lieutenant-Governor in Council may always, if he deems it expédient, notwithstanding the expiration of the delay of two months and the fixing of the rémunération mentioned in this paragraph 3, proceed to grant the concession of the said lands or public rights, as if the delay had not expired or the rémunération had not been fixed. 8 Geo. V, ch. 68, s. 1.
Form A. — ( Article 7299a)
Public notice is hereby given, in accordance with article 7299a of the Revised Statutes, 1909, that of the of
in the county of in t end s
to execute the following work (state here the nature of the work), at ( designate the localüy).
Notice is also given that a pétition to that effect, accompanied by a plan and spécifications shewing the nature of the work or of the improvement (as the case may be), and the land which will be affected by such work, has been forwarded to the Minister of Lands and Forests, and ihat a duplicate of such plan and spécifications has been deposited at the registry office of the registration division of
The application contained in the pétition will be taken into considération by the Lieutenant-Governor in Council on or after the tenth day following the date of the publication of this notice in the Quebec Official Gazette.
Petitioner.
8 Geo. V, ch. 68, s. 1.
7300. If any person constructs or executes any work necessary to facilitate the floating or transmission of timber, rafts and craft down a river, creek or stream, which was not navigable or floatable before such Works, or improves the floatibility of such river, stream or creek, even if the improve-
ment is on private property, he shall not thereby hâve the exclusive right to the use of such river, stream or creek or the Works or improvements ; but any other person may use the same to float and transmit timber, rafts and craft, doing no unnecessary damage to the works or improvements or to the banks of such rivers, streams or creeks, and further paying, to the person who has made such construction or improvements, the tolls determined by order of the Lieutenant-Governor in Council upon a pétition to that effect presented by the proprietor or other parties interested, upon the report of the Minister of lands and forests, after inspection of the works or improvements by an engineer or any other competent person. The tariff shall be based on the value of the works or improvements, the amount required for their maintenance, and any other considération that may be found just and équitable.
Notice of such inspection shall be given in the Quebec Official Gazette, and in one or two newspapers published in the district, and, if there be no newspapers published in the district, then in one or two newspapers published in a neighbouring district; at least fifteen days before it is begun.
The Minister of lands and forests may order an investigation to establish the nature, value and costs of works so executed and constructed in rivers, lakes, ponds, creeks or streams to facilitate the floating of timber, or the tariff of tolls that should be established, to be made by any court, person, commission or corporation he may indicate and which shall report to him. 9 Ed. VII, ch. 48, s. 2 ; 4 Geo. V, ch. 56, s. 1 and 8 Geo. V, ch. 69, s. 2.
Ail the costs incurred to fix such tolls shall be borne by the person who applied for the fixing thereof.
The tolls so fixed may be amended and shall remain in force until replaced or abolished. 9 Ed. VII, c. 48, s. 2 ; 4 Geo. V, ch. 56, s. 1 ; 8 Geo. V, ch. 69, s. 2.
7 301. The person ent.itled to levy tolls on timber passed over or through such works or improvements, shall hâve a privilège upon such timber, ranking immediately after that of the Crown for its dues thereon. R. ,S. Q., 2972 g ; 54 V., c. 25, s. 1.
7 302. The person upon whom the privilège mentioned in article 7301 is conferred, may, if the tolls are not paid,
Tolls fixed by Lieutenant- Governor on pétition.
Tariff of tolls, inspection. &c.
Notice of
inspection,
Costs of fixinç tolls.
Alteration ol tools, &c.
Lien for tolls.
Remedy if tolls not paid.
Liability for damage.
Penalty for throwing, &c., bark, slabs, &c., into rivers, streams or creeks. &c.
No penalty in certain cases.
Penalty for damaging, &c., dams, &c
Prosecutions for fines and for damages, how brought.
obtain from the competent court, a conservatory attachment, which shall be subject to the superior privilège of the Crown. R. S. Q., 2972/i ; 9 Ed. VII, c. 48, s. 3.
7302a. No person can exercise the rights and privilèges conferred by this sub-section without being liable for the damages caused by his operations on rivers, streams, creeks, lakes or ponds, or on the banks or shores of the same. 4 Geo. V, ch. 56, s. 3.
