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S.M. 2009, c. 34

Bill 31, 3rd Session, 39th Legislature

The Manitoba Floodway Authority Amendment Act

(Assented to October 8, 2009)

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 Authority Act is amended by this Act.

2           The title is amended by adding "AND EAST SIDE ROAD" after "FLOODWAY".

3           Section 1 is amended

(a) in the definition "board", by striking out "Manitoba Floodway Authority" and substituting "authority"; and

(b) by adding the following definitions:

"authority" means the Manitoba Floodway and East Side Road Authority continued under section 2. (« Commission »)

"east side road" means an all-weather road or roads, and associated structures, following a route prescribed by regulation on land east of Lake Winnipeg. (« route du côté est » ou « route située du côté est »)

4           The centred heading before section 2 is replaced with "AUTHORITY".

5(1)        Subsection 2(1) is replaced with the following:

Authority continued

2(1)        The Manitoba Floodway 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 Floodway and East Side Road Authority".

5(2)         Subsection 2(2) is amended by striking out "Manitoba Floodway Authority" and substituting "authority".

6           Section 3 is amended by striking out "Manitoba Floodway Authority" wherever it occurs and substituting "authority".

7           Section 4 is amended by striking out "Manitoba Floodway Authority" and substituting "authority".

8           Section 5 is replaced with the following:

Mandate

5(1)        The authority's mandate is to

(a) expand the capacity of the floodway and maintain the land and structures that make up the floodway;

(b) construct and maintain the east side road;

(c) ensure that the expansion of the floodway and the construction of the east side road are carried out in a manner that provides increased benefits; and

(d) maximize the benefits the floodway and 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 expansion of the floodway and the construction of the east side road;

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

(c) co-ordinate and supervise work on the expansion of the floodway and the construction of the east side road; and

(d) establish arrangements with the Department of Water Stewardship to co-ordinate the floodway expansion with the department's ongoing operation of the floodway.

9           Section 6 and sections 9 to 16 are amended by striking out "Manitoba Floodway Authority" wherever it occurs and substituting "authority".

10          Section 18 is amended

(a) by striking out "Manitoba Floodway Authority" and substituting "authority"; and

(b) by striking out "floodway expansion" and substituting "expansion of the floodway or the construction of the east side road".

11          Section 19 is amended by striking out "Manitoba Floodway Authority" and substituting "authority".

12          Section 20 is amended

(a) by adding the following after clause (a):

(a.1) prescribing the route of the east side road;

(b) in clause (b), by striking out "Manitoba Floodway Authority" and substituting "authority".

13          The centred heading before section 21 is repealed.

14          The following is added after section 21:

Transfer to authority

21.1        On the coming into force of this section,

(a) the property and liabilities of East Side Road Authority Inc. become the property and liabilities of the authority;

(b) the authority assumes all rights and obligations of East Side Road Authority Inc. under any agreement entered into by East Side Road Authority Inc.;

(c) the authority becomes the proponent in a proposal filed January 30, 2009, under The Environment Act seeking a licence to construct the east side road;

(d) any civil or administrative proceeding involving East Side Road Authority Inc. may be continued by or against the authority; and

(e) East Side Road Authority Inc. ceases to exist and, upon the request of the authority, the director appointed under The Corporations Act must issue a certificate of dissolution.

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

15(1)       The Water Resources Administration Act is amended by this section.

15(2)       Subsection 2.1(1) is amended by striking out "the Manitoba Floodway Authority established under The Manitoba Floodway Authority Act" and substituting "the Manitoba Floodway and East Side Road Authority continued under The Manitoba Floodway and East Side Road Authority Act".

15(3)       Subsection 2.1(2) is amended in the part before clause (a) by striking out "Manitoba Floodway Authority" and substituting "Manitoba Floodway and East Side Road Authority".

Coming into force

16          This Act comes into force on a day to be fixed by proclamation.

 

 


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