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The Water Resources Administration Amendment and Consequential Amendments Act

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S.M. 1998, c. 18

THE WATER RESOURCES ADMINISTRATION AMENDMENT AND CONSEQUENTIAL AMENDMENTS ACT


 

(Assented to June 29, 1998)

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

C.C.S.M. c. W70 amended

1         The Water Resources Administration Act is amended by this Act.

2(1)      Subsection 17(1) is amended in the part following clause (b) by striking out "unless he has a valid and subsisting permit therefor" and substituting "except under the authority of a two-stage permit".

2(2)      Subsection 17(2) is amended by adding "two-stage" before "permit".

2(3)      Subsection 17(3) is amended

(a) by repealing the section heading and substituting "Two-stage permit"; 

(b) by striking out the part preceding clause (a), and substituting "Subject to subsections (3.1) and (3.2), the minister may issue a two-stage permit"; and

(c) in the part following clause (c) of the English version, by adding "two-stage" before "permit".

2(4)      The following is added after subsection 17(3):

Two stages of permit

17(3.1)   The two stages of a permit referred to in subsection (3) are

(a) Stage 1, which permits the building, erection, construction, addition to, reconstruction or bringing of the foundation or footings of a building, structure, or erection; and

(b) Stage 2, which permits completion of the building, structure, or erection after its foundation or footings have been completed and inspected.

Time to issue permit

17(3.2)   The minister may issue Stage 1 of a two-stage permit at any time but, subject to subsection (3.3), may not issue Stage 2 of the permit until an inspector has inspected the foundation or footings of the building, structure or erection and has certified that the elevation levels of the foundation or footings comply with floodproofing criteria in force at the time of the inspection.

Exception to two-stage permit

17(3.3)   The minister may dispense with issuing Stage 1 of a two-stage permit and proceed directly to issue Stage 2 of the permit if the building, structure, or erection for which the permit is sought does not require a foundation or footings.

Minister may issue stop work order

17(3.4)   The minister may issue an order to stop work in progress on a building, structure or erection in a designated flood area to

(a) a permittee under subsection (3) who has not complied with a term or condition of the two-stage permit; or

(b) a person engaged in building, erection, construction or reconstruction that is not authorized by a two-stage permit under subsection (3).

Warrant

17(3.5)   Where a person fails to comply with an order under subsection (3.4), a justice may issue a warrant authorizing a person designated by the minister, together with a peace officer and any other persons under the direction of the peace officer whose presence is necessary to enforce the order, to enter on the land of the person named in the warrant and cause the work in progress to be stopped.

2(5)      Subsections 17(4) and (5) are amended by adding "two-stage" before "permit" wherever it occurs in the section heading or in the subsection.

2(6)      Subsection 17(6) is amended by adding "two-stage" before "permit" wherever it occurs.

2(7)      Subsection 17(7) is amended

(a) by adding "two-stage" before "permit" wherever it occurs;

(b) by adding "or" at the end of clause (d) and by adding the following after clause (d):

(e) issues a stop work order under subsection (3.4);

(c) in the part following clause (e), by striking out "or cancellation" and substituting ", cancellation or stop work order".

2(8)      Clause 17(8)(a) by adding "two-stage" before "permit".

2(9)      Subsections 17(10) and (11) are repealed and the following is substituted:

Effect of non-compliance with floodproofing criteria

17(10)    In the following circumstances, an owner of land is not eligible to receive flood damage or flood protection assistance for a building, structure, or erection on his or her land:

(a) the owner was issued a two-stage permit under subsection (3), and the building, structure or erection does not comply with floodproofing criteria in force at the time the permit was issued;

(b) the owner was required to obtain a two-stage permit under subsection (3) but no permit was issued, and the building, structure or erection does not comply with floodproofing criteria in force at the time that building, erection, construction or reconstruction began.

Minister may inspect to determine compliance with floodproofing criteria

17(10.1)  An inspector designated by the minister may inspect a building, structure or erection on land in a designated flood area to determine whether or not it complies with floodproofing criteria in force at the time of the inspection.

Caveat re non-compliance with floodproofing criteria

17(10.2)  Where a building, structure or erection inspected by an inspector designated by the minister does not comply with floodproofing criteria in force at the time of the inspection, the minister may give notice of the non-compliance by filing in the proper land titles office a caveat, to which is attached an inspection report prepared by the inspector stating that

(a) a building, structure, or erection on the land has been inspected by an inspector designated by the minister; and

(b) the inspector found that the building, structure or erection does not comply with floodproofing criteria in force at the time of the inspection.

Removal of caveat

17(11)    The minister may discharge a caveat filed under subsection (10.2) where an inspector re-inspects the building, structure or erection and finds that it complies with floodproofing criteria in force at the time of the re-inspection.

Inspectors

17(11.1)  An owner of land is responsible for retaining an inspector with qualifications satisfactory to the minister to conduct an inspection under subsection (3.2) or (11), and for paying all fees associated with the inspection.

2(10)     Subsection 17(12) is amended by striking out ", notice or cancellation of a notice, or a copy of any of them," and substituting "or caveat, or a copy of an order or caveat".

3         Subsection 27(1) is amended by adding "or 17(3)" after "16(4)".

Consequential amendment, C.C.S.M. c. R30

4         Subsection 45(5) of The Real Property Act is amended by striking out "notice or cancellation of a notice" and substituting "or caveat".

Coming into force

5         This Act comes into force on a day fixed by proclamation.