H CHAPTER 74. An Act to amend the "Water Act, 1914." 1914, c. 81; 1917, c. 75; 1918, c. 98; 1919, c. 90; 1920. [Assented to 21st December, 1923.] c. 102: 1921, c. 72: IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows: 1922, c. 83. 1. This Act may be cited as the "Water Act, 1914, Amendment Short title. Act, 1923." 2. Section 13 of the "Water Act, 1914," being chapter 81 of the Amends s. 13. Statutes of 1914, is amended by inserting immediately after the words "irrigation purpose," in the fourth line of subsection (2), the words "or storage purpose." 3. Section 31 of said chapter 81 is repealed, and the following is Re-enacts s. 31. substituted therefor : "31. Every licensee shall at his own expense construct, secure, and maintain the works authorized by his licence and required for the diversion and carriage of the water as well as all works required for the passage of waste and superfluous water flowing from his works." 4. Section 118 of said chapter 81, as enacted by section 19 of Amends s. 118. chapter 102 of the Statutes of 1920, is amended by striking out of the ninth line the words "or is ready for irrigation," and by adding thereto the following subsection: "(2.) Upon the issue of a final licence under this section the condi tional licence shall be of no further effect." 5. Section 142 of said chapter 81 is repealed, and the following is Re-enacts s. 142. substituted therefor: "142. Upon it being shown to the satisfaction of the Minister that it is in the public interest that the banks of any stream in Enacts s. 184B. respect of which a licence for clearing-streams purpose has been or is proposed to be issued should be cleared of timber, the Minister may, upon such terms as he deems proper, authorize the licensee to clear the timber from the banks of that portion of the stream to which the licence applies, or any part thereof, upon the licensee giving such security as will indemnify the owner thereof for the timber cut. The Minister shall fix the time within which the timber shall be cut. Before cutting any timber of another person the licensee shall give the owner of the timber written notice of the licensee's proposal to cut the timber, and shall state in the notice the rate of compensation the licensee will pay for the standing timber. The owner of the timber shall have the option of cutting the timber himself or accepting the compensation offered by the licensee or of having the value of the timber to be cut determined by arbitration, pursuant to the provisions of the Arbitration Act,' as if the arbitration were pursuant to a submission to which the owner and the licensee were parties. The owner shall within two weeks of the receipt of the notice notify the licensee of the owner's decision in the matter, and in the event of the owner deciding to cut the timber himself he shall do so within the time fixed by the Minister for the cutting of the timber by the licensee. If the owner fails to notify the licensee of his decision, or if, having notified him that the owner proposes to cut the timber himself, he fails to do so within the time fixed by the Minister, the licensee may proceed to cut the timber, and he shall be liable to the owner for compensation for the timber cut at the rate stated in the notice given by the licensee. Upon making payment to the owner of compensation pursuant to this section, the licensee shall be entitled to remove and dispose of the timber for his own benefit. Subject only to the right of the owner to institute arbitration proceedings under this section, and to recover the amount of compensation as determined under this section, no action at the suit of the owner either for damages or for injunction shall lie against the licensee by reason of the cutting and removal of the timber. The licensee shall be responsible to the Crown for all royalty, tax, and stumpage payable to the Crown in respect of the timber cut by him." 6. Said chapter 81 is amended by inserting after section 184A the following as section 184B: "184B. In respect of every improvement district the Minister shall file with the Registrar for the land registration district in which the lands affected are situate a notice giving the boundaries of the improvement district, and the Registrar shall thereupon endorse upon the register relating to each registered parcel of land within. the improvement district a memorandum to the effect that the land is within the improvement district and is liable for the taxes, tolls, and other charges levied or imposed by the Trustees of the improvement district. The memorandum shall also be endorsed upon the duplicate certificate of title of each such parcel when the certificate is produced. When the boundaries of an improvement district have been extended, curtailed, or otherwise altered, a further notice shall be filed showing the alteration, and the Registrar shall cancel the existing endorsements, or make further endorsements as may be necessary to give effect to the notice." 7. Section 221A of said chapter 81 is amended by striking out Amends s. 221a. clause (c), and substituting therefor the following: "(c.) For constructing, maintaining, and operating drainageworks, including pumping machinery, to drain lands within the improvement district, and in cases where the Trustees consider it just and equitable to do so, for charging the cost of the construction, maintenance, and operation of the drainage-works against the lands benefited thereby, including all lands within the territorial limits the irrigation of which in the opinion of the Trustees contributes to the condition making the construction of the drainage-works necessary "; and by inserting immediately after the word "charges," in the sixth line of clause (h), the words "including the imposition of penalties and the granting of discounts to encourage prompt payment thereof." 8. (1.) Section 287E of said chapter 81 is repealed, and the follow- Re-enacts s. 287E. ing is substituted therefor: "287E. (1.) Repayment of moneys expended in pursuance of the provisions of this Division shall be as determined by the LieutenantGovernor in Council, who shall have power to alter the rate, terms, and dates of repayment at any time. The repayment of any moneys expended as aforesaid shall not be extended beyond the estimated useful life of the works for the acquisition or construction of which the moneys are expended. The corporation owning or operating the works shall be liable for the repayment of the moneys expended, and until repayment thereof the moneys expended shall be a first charge on all and singular the works in respect of which the moneys are expended and on all the revenues, undertaking, property, and assets of the corporation in priority to all other charges, and shall not require registration to preserve it. "(2.) Upon default in the payment by any corporation of any instalment of principal or any interest payable by it in respect of moneys expended from the Conservation Fund, or in the event of the corporation neglecting or refusing to make proper provision for raising the sum required for the repayment into the Conservation Fund of the amount of principal and interest fixed by the LieutenantGovernor in Council to be repaid in any year, the LieutenantGovernor in Council may appoint a receiver to manage the affairs Amends s 290. of the corporation. Upon the appointment of a receiver as aforesaid, the person appointed shall have power to take immediate possession of the works and property of the corporation, and, until his appointment is revoked by the Lieutenant-Governor in Council, shall have and may exercise all the powers, authorities, and func tions vested in or exercisable by the Trustees or Commissioners and all other officers of the corporation." (2.) The amendments of said chapter 81 enacted by this section shall be retrospective in their application, and shall apply to all moneys heretofore expended as well as to moneys hereafter expended in pursuance of the provisions of Division (5) of Part VII. of said chapter 81. The Minister shall forthwith make application to the Registrar of each land registration district in which are situate any lands within an improvement district or development district against which lands charges have heretofore been registered under said Division (5) for the cancellation of said charges, and the Registrar shall thereupon cancel on the records of his office the registration of the said charges accordingly. 9. Section 290 of said chapter 81 is amended by striking out of the fifth line of subsection (2) thereof the figures "1919," and substituting therefor the figures "1925." VICTORIA, B.C.: Printed by WILLIAM H. CULLIN, Printer to the King's Most Excellent Majesty. |