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C.C.S.M. c. F133
The Manitoba Floodway and East Side Road Authority Act
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(Assented to June 10, 2004)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The following definitions apply in this Act.
"authority" means the Manitoba Floodway and East Side Road Authority continued under section 2. (« Commission »)
"board" means the board of directors of the authority. (« conseil »)
"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 »)
"floodway" means the Red River Floodway, consisting of land and structures set out in plans of survey listed in the regulations, including, but not limited to, the floodway control structure, floodway channel, floodway outlet structure and west dyke. (« canal de dérivation »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)
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".
2(2) Except as otherwise provided in the regulations, The Corporations Act does not apply to the authority.
3 Subject to this Act, the authority has the capacity and powers of a natural person for the purpose of carrying out its mandate.
4 The authority is an agent of the Crown.
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.
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 Conservation and Water Stewardship to co-ordinate the floodway expansion with the department's ongoing operation of the floodway.
BOARD OF DIRECTORS
6(1) The board of directors of the authority is to consist of at least five members appointed by the Lieutenant Governor in Council.
6(2) The board is to direct the business and affairs of the authority.
7(1) Directors are to be appointed for the term fixed in the order appointing them.
7(2) After a director's term expires, the director continues to hold office until he or she is reappointed, a successor is appointed or the appointment is revoked.
7(3) The Lieutenant Governor in Council must designate one of the directors as the chair and one as the vice-chair of the board.
7(4) The vice-chair has the authority of the chair if the chair is absent or unable to act, or when authorized by the chair.
7(5) In the absence or incapacity of the chair or vice-chair, or if there is a vacancy in either of those offices, the board may designate one of its members as the chair or vice-chair on an interim basis.
8 The board may make by-laws respecting the conduct and management of its business and affairs.
CHIEF EXECUTIVE OFFICER
9 The Lieutenant Governor in Council must appoint a person as Chief Executive Officer of the authority.
10 The authority may receive money from any source to carry out its mandate.
11 The Minister of Finance may, on the requisition of the minister, make grants to the authority from the Consolidated Fund with money authorized by an Act of the Legislature to be so paid and applied.
12(1) The authority may borrow money, but only with the approval of the Lieutenant Governor in Council and only
(a) for temporary purposes, by way of loan from the government or by way of overdraft, line of credit, loan or otherwise upon its credit from a bank or other financial institution; or
(b) for other purposes, to the extent permitted under The Financial Administration Act or a Loan Act.
12(2) Money required for a loan from the government may be paid out of the Consolidated Fund in accordance with The Financial Administration Act.
13(1) The authority must deposit with the Minister of Finance, for investment on its behalf, money that is not immediately required for its purposes.
13(2) At the request of the authority, the Minister of Finance must pay to the authority money invested under this section and interest earned on those investments.
14 The fiscal year of the authority ends on March 31 of each year.
15 The board must appoint an independent auditor to audit the records, accounts and financial transactions of the authority in each fiscal year. The expenses of the audit are to be paid by the authority.
16(1) Within four months after the end of each fiscal year, the authority must make a report to the minister on its activities during that fiscal year.
16(2) The report must include the audited financial statements of the authority and any other information that the minister requests.
17 The minister must table a copy of the report in the Assembly within 15 days after receiving it if the Assembly is sitting or, if it is not, within 15 days after the next sitting begins.
18 The authority may, with the approval of the minister, acquire land required for the expansion of the floodway or the construction of the east side road by expropriation in accordance with The Expropriation Act.
19 No action or proceeding may be brought against a director, officer or employee of the authority 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.
20 The Lieutenant Governor in Council may make regulations
(a) prescribing the plans of survey that describe the land and structures that make up the floodway;
(a.1) prescribing the route of the east side road;
(b) respecting the extent to which The Corporations Act applies to the authority;
(c) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable.
21 On the coming into force of this Act,
(a) the property and liabilities of Manitoba Floodway Expansion Authority Inc. become the property and liabilities of the Manitoba Floodway Authority;
(b) the Manitoba Floodway Authority assumes all rights and obligations of Manitoba Floodway Expansion Authority Inc. under any agreement entered into by Manitoba Floodway Expansion Authority Inc.;
(c) the Manitoba Floodway Authority becomes the proponent in a proposal filed July 28, 2003, under The Environment Act seeking a licence to expand the floodway;
(d) any civil or administrative proceeding involving Manitoba Floodway Expansion Authority Inc. may be continued by or against the Manitoba Floodway Authority; and
(e) Manitoba Floodway Expansion Authority Inc. ceases to exist and, upon the request of the Manitoba Floodway Authority, the Director appointed under The Corporations Act must issue a certificate of dissolution.
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.
NOTE: This section contained consequential amendments to The Water Resources Administration Act that are now included in that Act.
CITATION AND COMING INTO FORCE
23 This Act may be referred to as chapter F133 of the Continuing Consolidation of the Statutes of Manitoba.
24 This Act comes into force on a day to be fixed by proclamation.
NOTE: S.M. 2004, c. 25 came into force by proclamation on November 1, 2004.
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