First

Session, 46th General Assembly

Elizabeth II, 2008

BILL 36

AN ACT TO ENABLE THE

ISSUANCE OF WATER RIGHTS TO THE ENERGY CORPORATION OF NEWFOUNDLAND AND LABRADOR FOR THE LOWER CHURCHILL RIVER

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE KATHY DUNDERDALE

Minister of Natural Resources

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTE

This Bill would provide the authority

for the Lieutenant-Governor in Council to grant water rights with respect to the

Lower Churchill River to the Energy Corporation of Newfoundland and Labrador .

A BILL

AN ACT TO ENABLE THE ISSUANCE OF WATER

RIGHTS TO THE ENERGY CORPORATION OF NEWFOUNDLAND AND LABRADOR FOR THE LOWER CHURCHILL RIVER

Analysis

Short title

Definitions

Extinguishment of rights

No liability

No compensation

Granting of water rights

Application of certain provisions of the

Electrical Power Control Act, 1994

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Energy

Corporation of Newfoundland and Labrador Water Rights Act.

Definitions

2. In this Act

(a) "Energy Corporation of Newfoundland and Labrador " means the

corporation incorporated under the Energy

Corporation Act ; and

(b) "Lower Churchill River" means that

part of the Churchill River below the 425 foot contour line or all the area

that lies below elevation 425 feet as referenced in Appendix A of The Churchill

Falls (Labrador) Corporation Limited (Lease) Act , 1961, downstream to the intersection of the Churchill River with

the meridian of 60 45' west of Greenwich, and includes all

waters that originate within the Churchill River catchment area and all rivers

that naturally flow within the catchment area or from diversions into the

catchment area .

Extinguishment of

rights

3. Subject

to the provisions of the Lower Churchill

Development Act, any property in and rights to the use and flow of water,

previously conferred by a grant, lease, licence or other instrument or under a

statute of the province, or vested in, acquired by or accruing to a person by

whatever means relating to the Lower Churchill River are extinguished.

No liability

4 .

(1) An

action or proceeding does not lie or shall not be instituted or continued

against the Crown or a minister, employee or agent of the Crown based on a

cause of action arising from, resulting from or incidental to the

extinguishment of any property and rights under

section 3.

(2) A cause of action against the Crown or a

minister, employee or agent of the Crown arising from, resulting from or

incidental to an extinguishment of property and rights under

section 3 is

extinguished.

No compensation

5. A

person is not entitled to compensation or damages from the Crown or a minister,

employee or agent of the Crown arising from, resulting from or incidental to

the extinguishment of property and rights under

section 3.

Granting of water

rights

(1) Subject to the provisions of the Lower Churchill Development Act ,

notwithstanding the provisions of the Water

Resources Act and notwithstanding subsection 68(1) of the Environmental Protection Act , the

Lieutenant-Governor in Council may, upon the request of the Energy Corporation

of Newfoundland and Labrador, issue a licence, lease or other instrument

granting water rights with respect to the Lower Churchill River to the Energy

Corporation of Newfoundland and Labrador where the Energy Corporation of Newfoundland

and Labrador proposes to use the water rights for water power generation purposes.

(2) The

applicable to a licence, lease or other instrument issued under subsection (1).

(3) Notwithstanding subsections (1) and (2), a

licence, lease or other instrument issued to the Energy Corporation of

Newfoundland and Labrador shall not authorize the corporation to construct a water

power generation facility other than on the

portion of the Churchill River below the 425 foot contour line or all

the area that lies below elevation 425 feet as referenced in Appendix A of The Churchill

Falls (Labrador) Corporation Limited (Lease) Act , 1961, downstream to the intersection of the Churchill River with

the meridian of 60 45' west of Greenwich.

Application of

certain provisions of the Electrical

Power Control Act, 1994

7. Subsection

5.4(1) of the Electrical Power Control

Act, 1994 applies to water rights that are granted under a licence, lease

or other instrument under

section 6 of this Act.

Earl G. Tucker,

Queen's Printer