The Beds of Navigable Waters Act

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1 George V, c. 6 (Ontario)


An Act for the Protection of the Public Interests in the Beds of Navigable Waters


[Assented to 24th March, 1911.]


HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:–
Short title.
1. Th is Act may be cited as The Beds of Navigable Waters Act.
Grant to be presumed to be to water’s edge
2. Where land bordering on a navigable body of water or stream has been heretofore, or shall hereafter, be granted by the Crown, it shall be presumed, in the absence of an express grant of it, that the bed of such body of water or stream was not intended to pass to the grantee of the land, and the grant shall be construed accordingly and not in accordance with the rules of the English Common Law.
Saving as to certain cases
3. Section 2 shall not affect the rights, if any, of a grantee from the Crown or of any person claiming under him, where such rights have heretofore been determined by a court of competent jurisdiction in accordance with the rules of the English Common Law, or of a grantee from the Crown, or any person claiming under him who establishes to the satisfaction of the Lieutenant-Governor that he or any person under whom he claims has previous to the passing of this Act developed a water power or powers under the bona fide belief that he had the legal right to do so, provided that he may be required by the Lieutenant-Governor in Council to develop the said power or powers to the fullest possible extent, and provided that the price charged for power derived from such water power or powers may from time to time be fixed by the Lieutenant-Governor in Council. And the Lieutenant-Governor in Council may direct that letters patent granting such right be issued to such grantee or person claiming under him, under and subject to such conditions and provisions as may be deemed proper for insuring the full development of such water power or powers, and the regulation of the price to be charged for power derived from them.
Act not to apply to a certain locality
4. Th is Act shall not apply to the bed of the river where it runs through Lot 8 in the 6th Concession of the Township of Merritt, in the District of Sudbury.
Lieutenant-Governor may deal with special cases
5. Notwithstanding anything herein contained the case of any person setting up on special grounds a claim to receive from the Crown a grant or lease of any part of the bed of a navigable body of water or stream shall be dealt with by the Lieutenant-Governor in Council as he may deem fair and just.
Proclamation of Act
6. This Act shall not come into force until a day to be named by the Lieutenant-Governor by his proclamation.



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