S-3.1.01 - Dam Safety Act

Full text
35. Where the owner of the works fails to comply with an order of the Minister, the Minister may cause the order to be carried out or the appropriate remedial measures to be taken at the expense of the owner. The Minister may recover the cost, with interest and other costs, in particular by claiming the security or guarantee furnished by the owner.
Where the owner of the dam is unknown or cannot be found, or ownership of the dam cannot be ascertained, a judge of the Superior Court may, on application by the Minister, authorize the Minister to take any measure the Minister considers appropriate, including the performance of remedial work, or to immediately have the dam removed and recover the cost, with interest and other costs, from the owner if the owner’s identity becomes known or the owner is found. The judge may also authorize the Minister to transfer ownership of the dam to any other person or partnership.
2000, c. 9, s. 35; I.N. 2016-01-01 (NCCP).
35. Where the owner of the works fails to comply with an order of the Minister, the Minister may cause the order to be carried out or the appropriate remedial measures to be taken at the expense of the owner. The Minister may recover the cost, with interest and other costs, in particular by claiming the security or guarantee furnished by the owner.
Where the owner of the dam is unknown or cannot be found, or ownership of the dam cannot be ascertained, a judge of the Superior Court may, on motion of the Minister, authorize the Minister to take any measure the Minister considers appropriate, including the performance of remedial work, or to immediately have the dam removed and recover the cost, with interest and other costs, from the owner if the owner’s identity becomes known or the owner is found. The judge may also authorize the Minister to transfer ownership of the dam to any other person or partnership.
2000, c. 9, s. 35.