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Fourth Session, Thirty-Eighth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 14

THE WATER RIGHTS AMENDMENT ACT


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. W80 amended

1           The Water Rights Act is amended by this Act.

2 Section 1 is amended by adding the following definition:

"officer" means a person appointed as an officer under section 17.1; (« agent »)

3(1)        Subsection 4(1) is amended in the part after clause (c) by striking out "the minister or a person authorized by the minister" and substituting ", an officer or another person authorized by the minister".

3(2)        Subsection 4(2) is amended by adding the following after clause (a):

(a.1) by registered mail addressed to the last known address of the person to whom it is directed; or

3(3)        Subsection 4(3) is amended

(a) by replacing the section heading with "Removing works or water control works"; and

(b) by striking out "the minister may" and substituting "an officer or a person authorized by the minister may".

3(4)        Subsection 4(4) is amended by striking out "The minister or any person authorized by him" and substituting "An officer or a person authorized by the minister".

3(5)        Subsection 4(5) is amended by striking out "by the minister".

3(6)        Subsection 4(7) is repealed.

4           Section 7.1 is amended by striking out "8 and 11" and substituting "8 to 11" in the section heading and in the section.

5           Subsection 17(2) is amended

(a) in the section heading, by striking out "by minister" and substituting "of works or water control works"; and

(b) by striking out "dispose of or remove the works or water control works, or".

6           The following is added after section 17:

Appointing officers

17.1        The minister may appoint officers for the purpose of administering and enforcing this Act.

7           Section 18 is replaced with the following:

Inspection authority

18(1)       When reasonably required to administer or determine compliance with this Act, an officer or a person authorized by the minister may enter upon any land without a warrant at any reasonable time to inspect the land and any works or water control works that have been maintained or are being constructed there.

Identification

18(2)       An officer or a person authorized by the minister must produce identification if requested to do so while conducting an inspection.

Warrant for search and seizure

18.1        A justice, upon being satisfied by information on oath that there are reasonable grounds to believe that

(a) an offence under this Act is being or has been committed; and

(b) there is to be found in any place or premises any thing that will afford evidence of the offence;

may at any time issue a warrant authorizing an officer and any other person named in the warrant to enter and search the place or premises for any such thing, and to seize it and as soon as practicable bring it before a justice, or report on it to a justice, to be dealt with according to law.

8            Subsection 19(1) is amended in the part before clause (a) by striking out "or a person authorized by him in writing".

9           Section 20 is amended

(a) in the part before clause (a), by striking out "The minister or any person authorized by him" and substituting "An officer or another person authorized by the minister"; and

(b) in the part after clause (b), by striking out everything after "cross any lands".

10(1)       Subsection 23(2) is amended by striking out "a servant or agent of the government engaged in the performance of his duties in the course of the administration of this Act" and substituting "an officer or other person exercising a power or performing a duty under this Act".

10(2)       The following is added after subsection 23(4):

Time limit for prosecution

23(5)       A prosecution under this Act may not be commenced later than two years after the day the alleged offence was committed.

11          The following is added after section 24:

Protection from liability

24.1        No action or proceeding may be brought against an officer or any other person acting under authority of this Act for anything done, or not done, or for any neglect,

(a) in the performance or intended performance of a duty under this Act; or

(b) in the exercise or intended exercise of a power under this Act;

unless the person was acting in bad faith.

Coming into force

12          This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill provides for the appointment of officers to enforce The Water Rights Act.  It gives officers and other authorized persons protection from liability and the power to conduct inspections and searches.  The Bill also allows orders to be served by registered mail and modernizes the language of several provisions in the Act.