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The Water Resources Administration Amendment Act

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S.M. 2000, c. 23

THE WATER RESOURCES ADMINISTRATION AMENDMENT ACT


 

(Assented to August 18, 2000)

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         Subsection 26(1) of The Water Resources Administration Act is amended by adding the following after clause (h):

(h.1) respecting inspections conducted under section 17;

Unproclaimed provisions amended

2(1)      The Water Resources Administration Amendment and Consequential Amendments Act, S.M. 1998, c. 18, is amended by this section.

2(2)      Subsection 17(3.2) as enacted by subsection 2(4) is amended by striking out "at the time of the inspection" and substituting "at the time Stage 1 of the permit was issued".

2(3)      Clause 17(10)(a) as enacted by subsection 2(9) is amended by striking out "at the time the permit was issued" and substituting "at the time each stage of the permit was issued".

2(4)      Subsection 17(10.1) as enacted by subsection 2(9) is repealed and the following is substituted:

Inspection re 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

(a) where the owner obtained a two-stage permit under subsection (3), whether the building, structure or erection complies with the floodproofing criteria in force at the time each stage of the permit was issued; or

(b) where the owner did not obtain a two-stage permit under susbection (3), whether the building, structure or erection complies with the floodproofing criteria in force at the time that building, erection, construction or reconstruction began.

2(5)      Subsection 17(10.2) as enacted by subsection 2(9) is amended

(a) in the part before clause (a), by striking out "by an inspector designated by the minister does not comply with floodproofing criteria in force at the time of the inspection," and substituting "under subsection (10.1) does not comply with the floodproofing criteria applicable to it,"; and

(b) by repealing clause (b) and substituting the following:

(b) the inspector found

(i) where the owner obtained a two-stage permit under subsection (3), that the building, structure or erection does not comply with the floodproofing criteria in force at the time each stage of the permit was issued, or

(ii) where the owner did not obtain a two-stage permit under susbection (3), that the building, structure or erection does not comply with floodproofing criteria in force at the time that building, erection, construction or reconstruction began.

2(6)      Subsection 17(11) as enacted by subsection 2(9) is amended by striking out "with floodproofing criteria in force at the time of the re-inspection" and substituting "with the applicable floodproofing criteria".

2(7)      The following is added after section 3:

Transitional

3.1       Despite its amendment by this Act, The Water Resources Administration Act as it read immediately before the coming into force of this Act continues to apply

(a) to a permit issued under section 17 of The Water Resources Administration Act before the coming into force of this Act and to work done under the permit;

(b) to the extent required to allow the minister to issue a permit for floodproofing work to a person who is entitled to floodproofing assistance under the Canada - Manitoba Partnership Agreement on Red River Valley Flood Protection; and

(c) to a permit referred to in clause (b) and all work done under it.

Coming into force

3         This Act comes into force on the day The Water Resources Administration Amendment and Consequential Amendments Act, S.M. 1998, c. 18, comes into force.