R-13 - Watercourses Act

Section 41 Disposition versions

2006-04-19

41. If any person construct or execute any work necessary to facilitate the driving or floating of timber, rafts or craft down a river, creek or stream which was not navigable or floatable before such work, or improve the floatability of such river, stream or creek, even if the improvement be on private property, he shall not thereby have the exclusive right to the use of such river, stream or creek or of such work or improvement; but any other person may use the same to drive or float timber, rafts or craft, doing no unnecessary damage to the works or improvements or to the banks of such river, stream or creek, and further paying, to the person who has made such construction or improvements, the tolls determined by order of the Government upon a petition to that effect presented by the owner or other parties interested, upon the report of the Minister of Sustainable Development, Environment and Parks, 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 consideration that may be found just and equitable.

Notice of such inspection shall be given in the Gazette officielle du Québec 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 15 days before it is begun.

All the costs incurred in fixing 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.

The Minister of Sustainable Development, Environment and Parks 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 driving of timber, or the tariff of tolls that should justly be established, to be made by any court, person or commission he may indicate, and which shall report to him.

R. S. 1964, c. 84, s. 41; 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.

1999-12-01

41. If any person construct or execute any work necessary to facilitate the driving or floating of timber, rafts or craft down a river, creek or stream which was not navigable or floatable before such work, or improve the floatability of such river, stream or creek, even if the improvement be on private property, he shall not thereby have the exclusive right to the use of such river, stream or creek or of such work or improvement; but any other person may use the same to drive or float timber, rafts or craft, doing no unnecessary damage to the works or improvements or to the banks of such river, stream or creek, and further paying, to the person who has made such construction or improvements, the tolls determined by order of the Government upon a petition to that effect presented by the owner or other parties interested, upon the report of the Minister of the Environment, 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 consideration that may be found just and equitable.

Notice of such inspection shall be given in the Gazette officielle du Québec 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 15 days before it is begun.

All the costs incurred in fixing 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.

The Minister of the Environment 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 driving of timber, or the tariff of tolls that should justly be established, to be made by any court, person or commission he may indicate, and which shall report to him.

R. S. 1964, c. 84, s. 41; 1979, c. 49, s. 37; 1994, c. 17, s. 63; 1999, c. 40, s. 251; 1999, c. 36, s. 158.

1999-10-22

41. If any person construct or execute any work necessary to facilitate the driving or floating of timber, rafts or craft down a river, creek or stream which was not navigable or floatable before such work, or improve the floatability of such river, stream or creek, even if the improvement be on private property, he shall not thereby have the exclusive right to the use of such river, stream or creek or of such work or improvement; but any other person may use the same to drive or float timber, rafts or craft, doing no unnecessary damage to the works or improvements or to the banks of such river, stream or creek, and further paying, to the person who has made such construction or improvements, the tolls determined by order of the Government upon a petition to that effect presented by the owner or other parties interested, upon the report of the Minister of the Environment and Wildlife, 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 consideration that may be found just and equitable.

Notice of such inspection shall be given in the Gazette officielle du Québec 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 15 days before it is begun.

All the costs incurred in fixing 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.

The Minister of the Environment and Wildlife 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 driving of timber, or the tariff of tolls that should justly be established, to be made by any court, person or commission he may indicate, and which shall report to him.

R. S. 1964, c. 84, s. 41; 1979, c. 49, s. 37; 1994, c. 17, s. 63; 1999, c. 40, s. 251.

1994-06-17

41. If any person construct or execute any work necessary to facilitate the driving or floating of timber, rafts or craft down a river, creek or stream which was not navigable or floatable before such work, or improve the floatability of such river, stream or creek, even if the improvement be on private property, he shall not thereby have the exclusive right to the use of such river, stream or creek or of such work or improvement; but any other person may use the same to drive or float timber, rafts or craft, doing no unnecessary damage to the works or improvements or to the banks of such river, stream or creek, and further paying, to the person who has made such construction or improvements, the tolls determined by order of the Government upon a petition to that effect presented by the owner or other parties interested, upon the report of the Minister of the Environment and Wildlife, 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 consideration that may be found just and equitable.

Notice of such inspection shall be given in the Gazette officielle du Québec 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 15 days before it is begun.

All the costs incurred in fixing 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.

The Minister of the Environment and Wildlife 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 driving of timber, or the tariff of tolls that should justly be established, to be made by any court, person, commission or corporation he may indicate, and which shall report to him.

R. S. 1964, c. 84, s. 41; 1979, c. 49, s. 37; 1994, c. 17, s. 63.

1979-11-28

41. If any person construct or execute any work necessary to facilitate the driving or floating of timber, rafts or craft down a river, creek or stream which was not navigable or floatable before such work, or improve the floatability of such river, stream or creek, even if the improvement be on private property, he shall not thereby have the exclusive right to the use of such river, stream or creek or of such work or improvement; but any other person may use the same to drive or float timber, rafts or craft, doing no unnecessary damage to the works or improvements or to the banks of such river, stream or creek, and further paying, to the person who has made such construction or improvements, the tolls determined by order of the Government upon a petition to that effect presented by the owner or other parties interested, upon the report of the Minister of the Environment, 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 consideration that may be found just and equitable.

Notice of such inspection shall be given in the Gazette officielle du Québec 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.

All the costs incurred in fixing 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.

The Minister of the Environment 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 driving of timber, or the tariff of tolls that should justly be established, to be made by any court, person, commission or corporation he may indicate, and which shall report to him.

R. S. 1964, c. 84, s. 41; 1979, c. 49, s. 37.

1977-12-31

41. If any person construct or execute any work necessary to facilitate the driving or floating of timber, rafts or craft down a river, creek or stream which was not navigable or floatable before such work, or improve the floatability of such river, stream or creek, even if the improvement be on private property, he shall not thereby have the exclusive right to the use of such river, stream or creek or of such work or improvement; but any other person may use the same to drive or float timber, rafts or craft, doing no unnecessary damage to the works or improvements or to the banks of such river, stream or creek, and further paying, to the person who has made such construction or improvements, the tolls determined by order of the Gouvernement upon a petition to that effect presented by the owner or other parties interested, upon the report of the Minister of Natural Resources, 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 consideration that may be found just and equitable.

Notice of such inspection shall be given in the Gazette officielle du Québec 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.

All the costs incurred in fixing 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.

The Minister of Natural Resources 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 driving of timber, or the tariff of tolls that should justly be established, to be made by any court, person, commission or corporation he may indicate, and which shall report to him.

R. S. 1964, c. 84, s. 41.