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4th Session, 40th Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 3

THE MANITOBA FLOODWAY AND EAST SIDE ROAD AUTHORITY AMENDMENT ACT


  Bilingual version (PDF) 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. F133 amended

1           The Manitoba Floodway and East Side Road Authority Act is amended by this Act.

2           The title is amended by striking out "FLOODWAY AND".

3           Section 1 is amended

(a) in the definition "authority", by striking out "Floodway and";

(b) in the English version of the definition "east side road", by striking out "all-weather" and substituting "all-season"; and

(c) by repealing the definition "floodway".

4           Subsection 2(1) is replaced with the following:

Authority continued

2(1)        The Manitoba Floodway and East Side Road Authority, a corporation without share capital consisting of the directors appointed by the Lieutenant Governor in Council under section 6, is continued under the name "Manitoba East Side Road Authority".

5           Section 5 is replaced with the following:

Mandate

5(1)        The authority's mandate is to

(a) construct and maintain the east side road;

(b) ensure that the construction and maintenance of the east side road is carried out in a manner that provides increased benefits; and

(c) maximize the benefits the east side road will provide.

Obligations of authority

5(2)        In carrying out its mandate, the authority is to

(a) obtain all approvals required for the construction and maintenance of the east side road;

(b) retain the services of persons to perform work on the construction and maintenance of the east side road, and support training for those workers; and

(c) co-ordinate and supervise work on the construction and maintenance of the east side road.

6           Section 18 is amended by striking out "the expansion of the floodway or".

7           Clause 20(a) is repealed.

8           Section 21 is repealed.

9           Section 23 is amended by striking out "F133" and substituting "E2".

Transitional

10(1)       In this section, "authority" and "floodway" have the meaning given to them in section 1 of The Manitoba Floodway and East Side Road Authority Act, as that section read immediately before the coming into force of this Act.

Authority over floodway transferred to government

10(2)       On the coming into force of this Act,

(a) the powers, duties and functions previously carried out by the authority in respect of the floodway are transferred to the government;

(b) the assets, obligations and liabilities, if any, of the authority in respect of the floodway are transferred to the government;

(c) any licence issued to or held by the authority in respect of the floodway is transferred to the government;

(d) any civil, criminal or administrative action or proceeding pending by or against the authority in respect of the floodway is deemed to be continued by or against the government; and

(e) any ruling, order or judgment in favour of or against the authority in respect of the floodway is to be enforced in favour of or against the government, as the case may be.

Transitional regulations

10(3)       The Lieutenant Governor in Council may make regulations

(a) to remedy any difficulty, inconsistency or impossibility resulting from the transfer of authority over the floodway;

(b) respecting the transition of any other matter relating to the transfer of authority over the floodway.

Retroactive regulation

10(4)       A regulation made under subsection (3) may be made effective retroactively to a date fixed in the regulation.

Consequential amendment, C.C.S.M. c. W70

11          Section 2.1 of The Water Resources Administration Act is replaced with the following:

Restricting and controlling access to floodway

2.1         In addition to any of the powers or authority of the minister under this Act, the minister may

(a) deny or restrict a person's access to the floodway, as defined in The Red River Floodway Act; and

(b) require a person to obtain his or her approval before undertaking any activity on the floodway, or on Crown land near the floodway, and may impose conditions on an approval given to a person.

Coming into force

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

Explanatory Note

This Bill transfers authority over the Red River Floodway from the Manitoba Floodway and East Side Road Authority to the government. The title of The Manitoba Floodway and East Side Road Authority Act is amended to reflect this change.

The Bill also makes a consequential amendment to The Water Resources Administration Act.