Mr. McKENZIE:
Monies paid into the Consolidated Revenue Fund and not appropriated to any special purpose?
Mr. MEIGHEN:
Yes.
Section agreed to on division.
On section 9-operation of this Act as respects existing works.
Mr. BUREAU:
This means that any man who has built a dam or other structure without proper authority may apply for approval thereof and1 the Governor in Council shall have three years in which to approve or refuse to approve of such work?
Mr. MEIGHEN:
Three years is given for approval. For instance, we can within three years approve of the Norman dam under the Navigable Waters Protection Act.
Mr. BUREAU:
Application has to be made to the Governor in Council?
Mr. MEIGHEN:
Yes.
Mr. BUREAU:
The section reads:
Nothing in this Act shall be deemed to legalize any right to maintain or the legality of any dam, structure or other work heretofore constructed, or within the description of the works to which the regulating power of the Governor in Council by this Act extends; and, notwithstanding this Act or anything herein or an any regulation hereunder contained, any dam, work or other structure to which this Act applies and for which approval of the Governor in Council was requisite under the Navigable Waters Protection Act, and which has not been so approved, may under the authority of the latter Act-
That is the Navigable Waters Protection Act I understand?
Mr. MEIGHEN:
Yes.
Mr. BUREAU:
And the section continues: ,
__or otherwise as by law provided, be abated,
removed or destroyed as if this Act had not been passed.
What are those words there?
Mr. MEIGHEN:
I do not know of any other law that provides for abatement or
destruction, but evidently the draughtsman has said that notwithstanding this Bill still there may be any other Act, a.nd if there is that Act is also in operation and full effect. It may refer to the Ontario statute.
Mr. BUREAU:
But we know this is the only Act under federal jurisdiction that gives authority.
Mr. MEIGHEN:
I think so.
Mr. BUREAU:
"Or otherwise as by law provided."
Mr. MEIGHEN:
It cannot do any harm.
I presume Mr. Newcombe, who drafted the Bill, had some possible legislation in mind, but I do not know what it could have been.
Mr. MOWAT:
It may refer to the Rivers and Streams Act of Ontario. In the case of the Keewatin Power Company vs. Town of Kenora, Mr. Justice Anglin held:
I have little hesitation in holding that the Winnipeg river, said to carry a volume of wate" little inferior to that of the Ottawa, formerly a great channel of commerce, must be deemed a navigable river.
Mr. BUREAU:
Does the hon. member
mean the provincial law?
Mr. MOWAT:
Yes.
Mr. BUREAU:
How could the minister take advantage of a provincial law to abate or destroy any works?
Mr. MOWAT:
The construction being in Ontario, I think it was very wise for the draughtsman to use that expression.
Mr. BUREAU:
Suppose we pass another law next year, and somebody invokes this clause, where will we he? .