Law:An Act respecting certain Works on the Ottawa River
From Law Delta
S.c. 1870, c. 24
Assented to 1870-05-12
An Act respecting certain Works on the Ottawa River
Whereas, by the ninety-first section of the British North America Act, 1867, it is in effect enacted, that the exclusive legislative authority of the Parliament of Canada extends (among other subjects) to all matters relating to navigation and shipping, — and to such classes of subjects as are expressly excepted in the enumeration of the classes of subjects by the said Act assigned exclusively to the legislatures of the Provinces, — and by the ninety-second section of the said Act, such works as, although wholly situate within any Province, are before or after their execution, declared by the Parliament of Canada to be for the general advantage of Canada, or for the advantage of two or more of the Provinces, are expressly excepted in the enumeration of the classes of subjects by the said Act assigned exclusively to the legislatures of the provinces; — And, whereas, the Ottawa River is a navigable river, and is in fact navigated throughout its whole course, and such works thereon, as may be important to the navigation of the said river are for the general advantage of Canada, and ought to be subject to the control and direction of the Government of the Dominion; Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Navigation of the River Ottawa to be subject to the exclusive authority of Parliament, with all works connected with the same, or in or on the waters of the River, and under the control of the Department of Public Works and Government Services
1. The navigation of the River Ottawa, as well by vessels and boats as by rafts and cribs of timber or logs, is hereby declared to be subject to the exclusive legislative authority of the Parliament of Canada, and all canals or other cuttings for facilitating such navigation, and all dams, slides, piers, booms, embankments and other works of what kind or nature soever in the channel or waters of the said River, or in which the waters of the said River are used, and in whatever Province situate, and whether constructed or to be constructed, and whether constructed by the Government of Canada or by the Government of the late Province of Canada, or by the Government of Upper or of Lower Canada, or by any private party by the consent and authority of any of the said Governments, which shall, from time to time, be recognized by the Governor in Council, on the report of the Minister of Public Works and Government Services, as being or as having been, constructed for any purpose of public utility, shall be held to be works for the general advantage of Canada, and, with all works of like character, no matter by whom constructed and whether recognized as being for the general advantage or not, situate in or on the waters of the said River, shall be subject to the exclusive legislative authority of the Parliament of Canada, and shall be under the control and management of the Department of Public Works and Government Services, and subject to the provisions of the Act, intituled, “Department of Public Works and Government Services Act”.
1996, c. 16, s. 45; 1999, c. 31, s. 173(F).