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This Act is current to January 10, 2018
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Libby Dam Reservoir Act

[RSBC 1996] CHAPTER 262

Contents
1Definition
2Ministry or agency to acquire land
3Powers of acquisition
4Use of land and water
5Power to make regulations

Definition

1  In this Act, "agreement" means the agreement between Canada and British Columbia, signed on July 8, 1963.

Ministry or agency to acquire land

2  The Lieutenant Governor in Council, by an order published in the Gazette, may appoint a ministry or a statutory agency of the government to acquire, on behalf and in the name of the government, all land in British Columbia necessary or convenient for

(a) the creation of a storage reservoir in accordance with the obligation undertaken by British Columbia under section 3 (c) of the agreement,

(b) works, undertakings, ways or water or conservation systems incidental to it, or which may, with advantage, be combined with it, and

(c) providing a reserve of land against the effects of erosion.

Powers of acquisition

3  (1) If the ministry or agency appointed under section 2 is empowered by another Act to acquire land,

(a) it has and may exercise powers for acquiring land for the purposes set out in section 2 as if those purposes were included among the purposes set out in that other Act, and may exercise, in relation to the acquisition of land, all other or incidental powers that it may exercise under that other Act, and

(b) that other Act applies to the acquisition of land under this Act.

(2) If the ministry or agency appointed under section 2 is not empowered by another Act to acquire land, it has and may exercise, for acquiring land for the purposes set out in section 2, the same powers that are conferred by the Transportation Act on the minister charged with the administration of that Act for the purposes set out in section 8 (2) of that Act, and has and may exercise, in relation to the acquisition of land, all other and incidental powers that the minister responsible for the administration of the Transportation Act may exercise under that Act.

(3) The Transportation Act applies to the acquisition of land under subsection (2).

(4) For this section, the functions, powers and duties of the Lieutenant Governor in Council or a minister in relation to a matter set out or referred to in this Act are deemed to be the functions, powers and duties of the ministry concerned, and, in the application of any other Act in accordance with this section, those functions and powers may be exercised by the minister who has the management of the ministry, and the duties are imposed on that minister.

Use of land and water

4  (1) Land acquired under this Act must be made available, and other land of the government that, in the opinion of the Lieutenant Governor in Council, is necessary or convenient for the purposes set out in section 2, may be made available, for those purposes.

(2) Subsection (1) does not preclude the use of the land or a stream or body of water on it, or the disposition of a right or interest in it, in a manner authorized by an Act regulating the use and disposition of land or water of the government, if not inconsistent with the agreement.

Power to make regulations

5  (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations imposing fees on, and prohibiting, controlling and restricting, the use of the land, streams and water made available under section 4.