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C.C.S.M. c. W70

The Water Resources Administration Act

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

Definitions

1           In this Act

"artificial flooding", in relation to a given event, means flooding of a water body

(a) that is caused by the operation of a designated water control work, or the operation of a designated water control work and one or more other water control works, and

(b) whereby the water body exceeds its unregulated level at the time of the event; (« inondation artificielle »)

"construct" means plan, construct, alter, repair, reconstruct or improve; (« construire »)

"damage", in relation to eligible property, means that the property

(a) is physically destroyed, or

(b) due to submersion or physical damage, is rendered inoperable, less useful, less valuable, less productive or hazardous to human or animal health; (« dommages »)

"designated dyking system" means a dyking system designated as such in the regulations; (« réseau de digues reconnu »)

"designated flood area" means an area designated as such in the regulations; (« zone inondable reconnue »)

"designated reservoir area" means an area designated as such in the regulations; (« zone réservoir reconnue »)

"designated water control work" means

(a) the Shellmouth Dam, or

(b) any other water control work designated in the regulations for the purpose of this definition, not including the "floodway" as defined in The Red River Floodway Act insofar as it relates to "spring flooding" as defined in that Act; (« ouvrage d'aménagement hydraulique reconnu »)

"dyked area" means an area described in the regulations as an area protected from flooding by a designated dyking system; (« zone endiguée »)

"economic loss" means, subject to the regulations,

(a) wages, salary or business income that a person loses because he or she cannot work or carry on business due to artificial flooding, and

(b) extraordinary costs and expenses of working or carrying on business that a person incurs due to artificial flooding; (« perte économique »)

"eligible property" means, subject to the regulations, property that conforms to the criteria set out in subsection 12.1(2); (« biens admissibles »)

"floodproofing criteria" means terms and conditions, including specifications and standards of construction, prescribed in the regulations in respect of buildings, structures and erections, and any additions thereto or reconstruction thereof, within a designated flood area; (« critères de prévention des inondations »).

"local authority" means a municipality, a local government district, a board of trustees of a school district in unorganized territory, or an administration board of a water district; (« autorité locale »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« minister »)

"operate" means operate, maintain, or control; (« exploiter »)

"operating guidelines" means operating guidelines approved by the minister under section 5.1 for a water control work; (« directives en matière de fonctionnement »)

"provincial waterway" means a water control work, natural water channel, or lake that has been declared to be a provincial waterway under section 13; (« cours d'eau provincial »)

"reservoir" means a body of water, whether on private or public lands, created as a result of the construction and maintenance of water control works and includes a river, stream, creek, water course, lake, or previously existing body of water, that is enlarged as a result of the construction and maintenance of a water control works; (« réservoir »)

"Shellmouth Dam" means the land and structures described as such in the regulations, including, but not limited to, the dam, spillway, reservoir and riparian outlet; (« barrage Shellmouth »)

"unregulated level", in relation to artificial flooding, means the scientifically demonstrable level that would be expected in the water body at a given time

(a) in the absence of the designated water control work, or

(b) if specified by regulation in respect of the water body, in the absence of the designated water control work and one or more other specified water control works; (« niveau non régularisé »)

"water control works" means works

(a) for the conservation, control, disposal, protection, distribution, drainage, storage, or use, of water; or

(b) for the protection of land or other property from damage by water,

or for all or some of those purposes, and includes any other work necessary or convenient for the use, operation, or maintenance of a work to which sub-clause (a) or (b) applies or constructed or operated as a complement of such work. (« ouvrages d'aménagement hydraulique »)

R.S.M. 1987 Supp., c. 33, s. 1; S.M. 2001, c. 43, s. 28; S.M. 2008, c. 28, s. 2; S.M. 2008, c. 42, s. 95.

2(1) and (2)  [Repealed] S.M. 2008, c. 42, s. 95.

Scope of administration

2(3)        The minister, subject as hereinafter provided, shall manage and administer all those matters that are subject to the administration and control of the executive government of the province and that relate to the construction or operation of water control works, and, in particular, those matters dealt with under the following Acts, or regulations made thereunder:

(a) The Dyking Authority Act.

(b) The Ground Water and Water Well Act.

(c) [repealed] S.M. 2008, c. 42, s. 95.

(d) The Water Power Act.

(e) The Water Rights Act.

(f) The Water Supply Commissions Act.

Responsibility of minister for works authorized or required by statute

2(4)        Where under any of the Acts to which reference is made in subsection (3), or under any other Act of the Legislature or by virtue of the royal prerogative, the government is authorized or required to construct or operate any water control works

(a) directly for the purposes of the Crown; or

(b) as agent for any local authority or other authority established by statute; or

(c) under an agreement made with the Government of Canada;

the minister is responsible for constructing or operating

(d) any such water control works that the government is required to construct or operate; and

(e) on being duly authorized for the purpose, any such water control works that the government is authorized to construct or operate;

and the direction and control thereof shall be carried out by the minister.

S.M. 2001, c. 43, s. 28; S.M. 2008, c. 42, s. 95.

Exception re floodway expansion

2.1(1)      Despite anything contained in this Act, the Manitoba Floodway and East Side Road Authority continued under The Manitoba Floodway and East Side Road Authority Act has direction and control of all matters relating to the expansion and maintenance of the floodway as that term is defined in that Act.

Restricting access to floodway

2.1(2)      Without limiting the generality of subsection (1) and despite anything contained in this Act, the Manitoba Floodway and East Side Road Authority

(a) has the power and authority to deny or restrict access to the floodway to any person other than an employee or officer of the government who requires access to the floodway in the course of his or her duties; and

(b) may require a person to obtain approval from it 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.

S.M. 2004, c. 25, s. 22; S.M. 2005, c. 42, s. 40; S.M. 2008, c. 42, s. 95; S.M. 2009, c. 34, s. 15.

Officers and employees

3           Such officers and employees as may be deemed necessary for the purposes of this Act may be appointed or employed as provided in The Civil Service Act.

Costs

4(1)        All costs incurred in the administration of this Act, including the costs of acquiring land for and constructing and operating, water control works under this Act, shall be paid from and out of the Consolidated Fund with moneys authorized by an Act of the Legislature to be so paid and applied.

Expenditure of appropriations made for water control

4(2)        Where, under an Act of the Legislature, moneys are authorized to be paid and applied under the direction or control of any minister of the Crown for the purpose of constructing or operating, or constructing and operating, water control works, the moneys shall be paid and applied for that purpose under the direction and control of the minister under this Act.

Rights of minister with respect to water control works

5           The minister may

(a) construct or operate, or construct and operate, in any part of the province such water control works as he may deem necessary or expedient in the public interest; and

(b) construct or operate, or construct and operate, any water control works on the request of, and as agent for, any local authority or other authority established by statute.

Operating guidelines for water control works

5.1(1)      The minister may approve operating guidelines for a water control work.

Minister to have regard to operating guidelines

5.1(2)      In operating a water control work for which operating guidelines have been approved, the minister must have regard to, but is not bound by, the guidelines

S.M. 2008, c. 28, s. 3.

Considerations in approving operating guidelines

5.2(1)      Before approving operating guidelines for a water control work, the minister must consider

(a) the purpose or the multiple purposes, as the case may be, that the water control work serves;

(b) the effect that

(i) operation of the water control work may have on the operation of other water control works, and

(ii) operation of other water control works may have on the operation of the water control work;

(c) the competing needs of persons affected by the water control work or its operation; and

(d) an approved watershed management plan, as defined in The Water Protection Act, to the extent that the plan applies to the water control work.

Included or other considerations

5.2(2)      As part of, or in addition to, the matters to be considered under subsection (1), the minister may consider information related to

(a) flood control;

(b) water storage and supply needs;

(c) drainage;

(d) means of minimizing artificial flooding;

(e) the protection and maintenance of fish and wildlife habitat and aquatic ecosystems;

(f) recreational uses;

(g) the effect that different climatological or hydrological conditions in the watershed may have on the operation of the water control work;

(h) uncertainty in forecasting hydrological conditions; and

(i) any other matter that the minister considers relevant.

Public consultation in guideline development

5.2(3)      Except in circumstances that the minister considers to be of an emergency nature, before approving operating guidelines under section 5.1, the minister must provide an opportunity for public consultation regarding the proposed guidelines.

S.M. 2008, c. 28, s. 3.

Advisory committees

5.3(1)      The minister may establish one or more advisory committees to provide advice to the minister about water control works.

Role of advisory committee

5.3(2)      An advisory committee is to provide advice to the minister in accordance with directions or terms of reference provided by the minister.

S.M. 2008, c. 28, s. 3.

Agreements with local authorities and other authorities

6(1)        For the purpose of securing the construction or operation or the construction and operation of any water control works, the minister, on behalf of the government, may enter into an agreement with any local authority established by statute in such form, and containing such provisions, as may be approved by him

(a) for constructing or operating or constructing and operating the water control works either separately or jointly with the local authority or other authority; or

(b) for the construction or operation or construction and operation of the water control works by the local authority or other authority or by any other person, or by the local authority and any other person jointly;

and, in either case, for paying the whole or part of the cost thereof or for supplying the whole or part of the materials required or for both purposes.

Agreements with other governments

6(2)        The minister, on behalf of the government, and subject to the approval of the Lieutenant Governor in Council, may enter into agreements with the Government of Canada, or any agency thereof, or the government of any other province or state, or any agency thereof,

(a) relating to the making of investigations respecting water resources within or outside the province or respecting existing or proposed water control works within or outside the province, or relating to constructing, maintaining, altering, or operating water control works within or outside the province, or relating to any or all of those things; and

(b) where required for paying to, or collecting from, the other party to the agreement a part of the cost of carrying out the agreement.

Provisions applicable to contracts respecting water control works, etc.

7           Where, under this Act, the minister enters into an agreement for the construction of water control works with a local authority or other authority established by statute, the following provisions apply:

(a) where the authority pays the cost of the work or materials, or both, the minister may pay to the authority, out of moneys authorized by an Act of the Legislature to be paid and applied for such purposes, such amounts as the minister may direct;

(b) where the government pays the cost of the work or materials, or both, the authority shall repay to the government such portion of the cost as may be agreed upon;

(c) any moneys received by the government for an authority as repayment under this section during the same fiscal year in which moneys for constructing, performing, or carrying out, the work were paid out, shall be credited to the funds provided by the Legislature for the purpose of this Act;

(d) unless otherwise provided in the agreement, the authority shall properly maintain and keep in repair all works under the jurisdiction of the authority in respect of which assistance has been given under the agreement;

(e) when, in the opinion of the minister, water control works in respect of which assistance has been given to an authority under the agreement are not properly repaired or maintained, the minister may do or cause to be done such things as he deems necessary in order properly to maintain and repair the works; and he shall pay the cost of the work out of any moneys authorized by an Act of the Legislature to be paid and applied for the purposes of this Act; and

(f) where the minister pays the cost of repair or maintenance, as provided in clause (e), of works for the repair and maintenance of which a municipality is responsible, the Minister of Local Government, upon order of the Lieutenant Governor in Council, shall collect from the municipality, by levies made under The Municipal Affairs Administration Act, such amount in respect of that cost as is fixed in the order and shall pay to the Minister of Finance the moneys so collected.

S.M. 1993, c. 48, s. 108; S.M. 2000, c. 35, s. 85; S.M. 2004, c. 42, s. 88; S.M. 2008, c. 42, s. 95; S.M. 2010, c. 33, s. 89.

Public water control works in unorganized territory

8           Without restricting the generality of any other provision of this Act, the minister has jurisdiction and control over all water control works

(a) that are in unorganized territory;

(b) to which the jurisdiction of the Legislature extends;

(c) that are not privately owned and operated; and

(d) the jurisdiction and control over which is not vested in any local authority or other authority established by statute or in any other person, or for the jurisdiction and control over which no other provision is made;

and the title to all property, real and personal, held and used for the purpose of such water control works is vested in the Crown in right of the province and is under the control of the minister who shall direct any work of construction or operation required in respect thereof.

S.M. 2008, c. 42, s. 95.

Acquisition of real property

9(1)        Subject to The Land Acquisition Act, the minister, for and in the name of the Crown, may acquire by purchase, lease, expropriation, or otherwise, any real property that he deems necessary for constructing or operating any water control works.

Acquisition of personal property

9(2)        The minister, for and in the name of the Crown, may acquire by purchase, lease, or otherwise, any personal property that he deems necessary for constructing or operating any water control works.

Use of lands by local authority

9(3)        Lands acquired under subsection (1) may be used for constructing or operating water control works on behalf of the Crown or, if authorized by order of the Lieutenant Governor in Council, the minister, on behalf of the government, may

(a) lease the lands to a local authority; or

(b) give to a local authority a licence to use and occupy the lands;

for the purpose of water control works, and subject to such terms and conditions as the minister may impose.

Disposal of property acquired for water control works

10(1)       Notwithstanding The Crown Lands Act, and subject to subsections (2), (3) and (4) and subject to section 12, the minister

(a) with the approval of the Lieutenant Governor in Council, may sell, exchange, convey, or otherwise dispose of or turn to account, any real or personal property acquired under section 9 or any part thereof, or any estate or interest therein;

(b) where, in the opinion of the minister, the annual rental value of any such real property is $500. or more, with like approval, may lease such real property;

(c) where, in the opinion of the minister, the annual rental value of any such real property is less than $500., without that approval, may lease such real property; and

(d) without such approval, may lease any such personal property.

Disposal of property under $500 in value

10(2)       Where the value of any real or personal property to be sold, leased, or disposed of, does not, in the opinion of the minister, exceed $500., the approval of the Lieutenant Governor in Council to the sale, lease, or disposal thereof, is not required unless the property consists of an item that forms part of, or is sold as part of, a group, lot, or set, of two or more items, the aggregate value of which is more than $500.

"Trade-in" not a "sale"

10(3)       Where, on a purchase of personal property for the Crown, other personal property of the Crown of a kind similar to, and of less value than, the property purchased is delivered and transferred to the vendor in part payment of the purchase price, and title thereto is conveyed to the vendor, the delivery, transfer, and conveyance shall be deemed not to be a sale of the other personal property within the meaning of this section.

Sale of materials to local authorities

10(4)       The minister may sell to

(a) a local authority; or

(b) a board, commission, association, or other body, whether incorporated or unincorporated, that is established under an Act of the Legislature, all the members of which, or all the members of the board of management or board of directors of which

(i) are appointed by an Act of the Legislature or by order of the Lieutenant Governor in Council; and

(ii) in the discharge of their duties are public officers or servants of the Crown, or for the proper discharge of their duties are, directly or indirectly, responsible to the Crown; or

(c) The University of Manitoba; or

(d) a contractor for use in constructing works for a local authority, or for a board, commission, association, corporation, or body to which clause (b) or (c) refers;

materials on hand that are surplus to the requirements of, and are not immediately required for the purposes of, water control works.

Land dealt with under Crown Lands Act

10(5)       Where the minister decides that any land acquired for, or used in connection with, water control works is no longer required for that purpose, he may, by written order, direct that it be dealt with under The Crown Lands Act; and thereafter the land is Crown lands within the meaning of that Act and shall be subject to the control and management of the Minister charged with the administration of that Act.

Closing or abandoning water control works

11(1)       Where

(a) land the title to which is vested in Her Majesty is occupied by water control works, or was acquired for water control works, and is no longer required for that purpose; or

(b) water control works that occupy land the title to which is vested in Her Majesty are required to be widened, extended, diverted, reconstructed, or re-surveyed;

the minister, by written order, may close or abandon the water control works or any portion thereof.

Closing of works on Crown land

11(2)       Where Crown land has been reserved for, or used for, water control works and

(a) no plan showing the location thereof is registered or filed in a land titles office; and

(b) the land or any portion thereof has ceased to be required for such purpose;

the minister, by written order, may close or abandon the water control works or the portion thereof.

Registration of order in council

11(3)       The minister may cause a certified copy of the order closing or abandoning the water control works to be registered in the proper land titles office.

Disposal of land

11(4)       The land or any portion thereof so reserved for, or used for, water control works that have been closed or abandoned under subsection (1) or (2), may be disposed of or dealt with in accordance with section 10, or may, on order of the Lieutenant Governor in Council, be sold, leased, conveyed to, or vested in, any other person or otherwise disposed of as may be directed in the order.

Effect of order in council

11(5)       An order in council made under subsection (4) and vesting land in any person, upon registration of a certified copy thereof in the proper land titles office, operates as a grant or transfer of the land from the Crown; but, if title to the land is under The Real Property Act, the district registrar shall not issue a certificate of title thereto until a written request to that effect, signed by the minister, is filed in the land titles office.

Effect of vesting in owner in adjoining land

11(6)       Where, by order in council made under this section, land is vested in the owner of adjoining land, if the order in council so prescribes, the land shall vest subject to any valid and subsisting mortgage, encumbrance, lien, or charge, to which that adjoining land is subject.

Duties of district registrar re mortgage, etc.

11(7)       Where, under subsection (6), land is vested in the owner of adjoining land subject to a mortgage, encumbrance, lien, or charge, the district registrar,

(a) shall make an entry on the certificate of title or abstract of title for the mortgage encumbrance, lien or charge, of the fact that it is affected by the order in council; and

(b) if the land so vested is, or is brought under The Real Property Act, shall make an entry of the mortgage, encumbrance, lien or charge on the certificate of title for the land.

Proceeds of sale of property

12          Notwithstanding The Financial Administration Act, the Minister of Finance shall, on order of the minister, credit the moneys that are the proceeds of the sale of real or personal property under section 10 or 11

(a) to the account for funds authorized by an Act of the Legislature for the purchase of the property sold, or similar property; or

(b) to an account for a reserve for the depreciation and replacement of the property sold; or

(c) to the account in the Consolidated Fund designated for the proceeds of the sale of government property.

S.M. 1996, c. 59, s. 110.

Claims for artificial flood damage and economic loss

12.1(1)     A person may claim compensation under section 12.2 if

(a) artificial flooding has damaged the person's eligible property or caused the person to have an economic loss; and

(b) the person meets any applicable eligibility requirements set out in the regulations.

Eligible property

12.1(2)     A person may claim compensation under section 12.2 for damage to real or personal property caused by artificial flooding only if

(a) the property is damaged in Manitoba;

(b) the person owns the property, or the owner has, by virtue of a lease or assignment, assigned his or her right to claim compensation to the person; and

(c) at the time the damage occurs, all applicable floodproofing criteria in relation to the damaged property or the land, building or structure where the damaged property is located have been complied with.

Eligible economic loss

12.1(3)     A person may claim compensation under section 12.2 for economic loss caused by artificial flooding only if the economic loss occurs in Manitoba and,

(a) in the case of a loss that results from artificial flood damage to real property that the person owns or leases or in which the person resides, only if all applicable floodproofing criteria in relation to the damaged property have been complied with at the time the loss occurs; and

(b) in the case of a loss that results from artificial flood damage to personal property that the person owns or leases, only if all applicable floodproofing criteria in relation to the land, building or structure where the damaged property is located have been complied with at the time the loss occurs.

Exception to eligibility of certain property

12.1(4)     Despite subsections (1) and (2), a person may not claim compensation for damage to a building or structure that was constructed, added to or moved under a variation order under section 17 if the order contained a term or condition prohibiting the owner of the building or structure from receiving flood damage assistance.  A person also may not claim compensation for damage to property located in such a building or structure.

Exception to eligibility of certain economic claims

12.1(5)     Despite subsections (1) and (3), a person who owns, leases or resides in a building or structure that was constructed, added to or moved under a variation order mentioned in subsection (4) may not claim compensation for economic loss that results from damage to the building or structure, or to property located in the building or structure.

S.M. 2008, c. 28, s. 4.

Application for compensation

12.2(1)     A person who wishes to claim compensation must file an application for compensation in accordance with the regulations and must comply with the other requirements of the regulations.

Emergency Measures Organization determines claims

12.2(2)     After a person files a compensation application and complies with the requirements of the regulations, the Emergency Measures Organization must

(a) determine whether the claimant meets any applicable eligibility requirements set out in the regulations;

(b) if the claim relates to property damage, determine whether artificial flooding damaged the property and whether it is eligible property;

(c) if the claim relates to economic loss, determine whether artificial flooding caused the loss and whether it is an eligible loss;

(d) assess the value of the damage or loss;

(e) evaluate whether and to what extent the claimant may be entitled to receive assistance or compensation under another program of the Government of Manitoba or Canada or a local government; and

(f) determine the amount of compensation to be awarded under this Act in respect of the damaged property or loss.

Agreements with third parties

12.2(3)     The minister responsible for The Emergency Measures Act may, on any terms and conditions that he or she considers appropriate, enter into an agreement with a qualified person or organization for the performance of any of the functions of the Emergency Measures Organization under subsection (2).

S.M. 2008, c. 28, s. 4.

No claimant contribution

12.3(1)     Subject to subsections (3) to (5), a compensation award is to be based on the full value of the artificial flood damage to the claimant's eligible property or of his or her economic loss due to artificial flooding, as assessed by the Emergency Measures Organization, without requiring the claimant to bear a portion of the damage or loss.

Compensation not conditional on repair or replacement

12.3(2)     A compensation award is not conditional on the claimant repairing or replacing the damaged property.

Claimant's acts may affect compensation

12.3(3)     A claimant's compensation may be reduced in whole or part if the claimant's acts or failure to act allowed the damage or loss to occur or contributed to its occurrence.

Local building restrictions may be considered

12.3(4)     Without limiting subsection (3), and whether or not there are any applicable floodproofing criteria, a claimant's compensation may be reduced in whole or in part if the claimant's failure to comply with

(a) a zoning by-law made by a local authority; or

(b) any other building requirement or restriction imposed by a local authority;

allowed the damage or loss to occur or contributed to its occurrence.

Effect of compensation under other programs

12.3(5)     Compensation under this Part must be reduced to the extent that the claimant is entitled to receive assistance or compensation under another program of the Government of Manitoba or Canada or a local government, including, but not limited to, the disaster financial assistance program, and the Manitoba production insurance program under The Manitoba Agricultural Services Corporation Act.

S.M. 2008, c. 28, s. 4.

Appeals

12.4(1)     A person whose application for compensation is partly or wholly refused or who disagrees with any part of a determination, assessment or evaluation under subsection 12.2(2) may appeal to the Disaster Assistance Appeal Board appointed under The Emergency Measures Act.

Appeal to Court of Appeal

12.4(2)     A decision of the Disaster Assistance Appeal Board under subsection (1) may be appealed upon a question of law to The Court of Appeal with leave granted by a judge of that court.

Application for leave to appeal

12.4(3)     An application for leave to appeal must

(a) state the grounds of the appeal; and

(b) be made within 30 days after the date of the decision sought to be appealed, or within such further time as the judge under special circumstances allows.

Notice of the application must be served on the government in accordance with section 11 of The Proceedings Against the Crown Act.

S.M. 2008, c. 28, s. 4.

Government to provide compensation

12.5        When a person is awarded compensation because of a determination under subsection 12.2(2) or an appeal decision under section 12.4, the government must provide the person with compensation in the amount awarded, subject to any applicable provisions of the regulations.

S.M. 2008, c. 28, s. 4.

No duplication of compensation claims and proceedings

12.6        A person may do either of the following, but not both:

(a) claim compensation under section 12.2 for property damage or economic loss; or

(b) commence court proceedings in respect of property damage or economic loss caused by artificial flooding, to be determined in accordance with generally applicable legal principles.

S.M. 2008, c. 28, s. 4.

Report on occurrence of damage or loss due to artificial flooding

12.7(1)     If the minister determines that damage to eligible property or economic loss has occurred due to artificial flooding, the minister must make, or cause to be made, a report that sets out the extent and duration of the artificial flooding.

Time when report is required

12.7(2)     A report must be made within 90 days after

(a) the minister determines that damage to eligible property or economic loss has occurred due to artificial flooding; or

(b) the artificial flooding ends;

whichever is later.

Minister to share and publicize report

12.7(3)     As soon as reasonably practicable after a report is made, the minister must

(a) provide a copy to the minister responsible for the Emergency Measures Organization; and

(b) in accordance with the regulations, make it available to the public and publicize its availability.

S.M. 2008, c. 28, s. 4.

Designation of provincial waterways

13(1)       The Lieutenant Governor in Council may designate any water control work, natural water channel or lake as a provincial waterway.

Abandonment of provincial waterways

13(2)       The Lieutenant Governor in Council may abandon any provincial waterway.

Statutes and Regulations Act does not apply

13(3)        The Statutes and Regulations Act does not apply to an order in council made under this section.

S.M. 2013, c. 39, Sch. A, s. 91.

Government to have jurisdiction over provincial waterways

14(1)       Notwithstanding any provision of The Municipal Act or any other Act of the Legislature, but subject to subsection (5), all jurisdiction over, and control and possession of, every provincial waterway are vested in the government; and subject to subsection (5), upon the designation of a provincial waterway, the municipality in which the provincial waterway is situated is thereupon relieved of any responsibility of maintaining or repairing it.

Jurisdiction of abandoned provincial waterway

14(2)       Upon a provincial waterway that is a water control work and that is situated within a municipality being abandoned under subsection 13(2), the jurisdiction over, and control and possession of, the water control work are vested in the municipality in which it is situated; and thereupon the government is relieved of any further responsibility of maintaining or repairing it.

Bridges over natural water channels

14(3)       Where a natural water channel or lake is declared a provincial waterway, the minister is not responsible for the construction, maintenance, or repair, of any bridge or crossing over it.

Prohibition against placing materials, etc.

14(4)       No person shall place any material on, remove any material from, or construct, carry out, reconstruct, establish, or place, any works or structures on, over, or across, a provincial waterway, except as may be authorized in writing by the minister and subject to such terms and conditions as the minister may prescribe.

Responsibility of person placing materials, etc., on provincial waterways

14(5)       Notwithstanding any other provision of this Act, or any provision of The Municipal Act or any other Act of the Legislature, a person or municipality that places material on, removes material from, or constructs, carries out, reconstructs, establishes, or places, any works or structures on, over, or across, a provincial waterway is liable for negligence to the same extent and of the same kind as if the jurisdiction over and control and possession of the provincial waterway were vested in him or it.

Construction, etc., of provincial waterway

15          The construction and operation of every provincial waterway is under the control and jurisdiction of the minister.

S.M. 2008, c. 42, s. 95.

Prohibitions within designated reservoir areas

16(1)       No person shall

(a) build, construct, erect, or bring any building, structure or erection other than a fence on or within a designated reservoir area; or

(b) alter or change the use to which land within a designated reservoir area is put;

unless he has a valid and subsisting permit therefor issued under subsection (4).

Compliance with conditions

16(2)       No person shall

(a) occupy or maintain any building, structure or erection that was built, constructed or erected contrary to subsection (1) or that does not comply with the terms and conditions of a permit issued under subsection (4); or

(b) continue to put land to a use to which the use of land was altered or changed contrary to subsection (1) or not in compliance with the terms and conditions of a permit issued under subsection (4).

Exception

16(3)       Subsections (1) and (2) do not affect any building, erection or structure situated within a designated reservoir area at the time the area is designated as such or affect the use to which land within a designated reservoir area is being put at the time the area is designated as such.

Permit

16(4)       The minister may issue a permit

(a) for the building, erection, construction or bringing a building, structure or erection on or within a designated reservoir area; or

(b) for the alteration or change of the use to which land within a designated reservoir area is put; or

(c) for both the purposes mentioned in clause (a) and the purposes mentioned in clause (b);

and he may make the permit subject to such terms and conditions, not inconsistent with the regulations, as he may deem advisable.

Cancellation of permit

16(5)       The minister may cancel a permit issued under subsection (4).

Appeal to Municipal Board

16(6)       Where the minister

(a) refuses to issue a permit under subsection (4); or

(b) cancels a permit under subsection (5);

the applicant for the permit, or the person whose permit was cancelled, as the case may be, may, in writing, appeal the decision of the minister to The Municipal Board, and the appeal shall be heard by The Municipal Board by way of trial de novo and The Municipal Board may issue or reissue the permit or dismiss the appeal.

Removal of buildings, etc.

16(7)       Where a building, structure, or erection is built, constructed, or erected or brought on or within a designated reservoir area in contravention of any provision of this section, or is occupied or maintained contrary to any provision of this section, or where a building, structure, or erection that is or is proposed to be built, constructed, erected or brought on or within a designated reservoir area under permit issued under this section, does not comply with the terms and conditions of the permit, the minister may order the building, structure, or erection to be removed from the designated reservoir area, and if the owner thereof does not remove it within the time specified in the order, the minister may cause it to be removed from the designated reservoir area, and the costs of such removal may be charged against and collected from the owner thereof.

R.S.M. 1987 Supp., c. 33, s. 2 and 3.

Prohibitions within designated flood areas

17(1)       No person shall

(a) build, construct, erect, or bring any building, structure, or erection other than a fence on or within a designated flood area; or

(b) make any addition to or reconstruct any building, structure, or erection other than a fence within a designated flood area;

except under the authority of a two-stage permit issued under subsection (3).

Further prohibitions

17(2)       No person shall occupy or maintain any building, structure, or erection that was built, constructed, erected or reconstructed, or to which an addition was made contrary to subsection (1) or that does not comply with the terms and conditions of a two-stage permit issued under subsection (3).

Two-stage permit

17(3)       Subject to subsections (3.1) and (3.2), the minister may issue a two-stage permit

(a) for the building, erection, construction, or bringing a building, structure or erection on or within a designated flood area;

(b) for the addition to or reconstruction of any building, structure or erection within a designated flood area; or

(c) for both the purposes mentioned in clause (a) and the purposes mentioned in clause (b);

and the minister may make the two-stage permit subject to such terms and conditions, not inconsistent with the regulations, as the minister may deem advisable.

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 Stage 1 of the permit was issued.

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.

Cancellation of two-stage permit

17(4)       The minister may cancel a two-stage permit issued under subsection (3) where he has reason to believe that the work being carried out under the two-stage permit does not comply with the terms and conditions thereof or with such floodproofing criteria as may be prescribed in the regulations.

Application for variation

17(5)       The holder of a two-stage permit issued under subsection (3) may apply to the minister for

(a) a variation of any of the terms and conditions subject to which the two-stage permit was issued; or

(b) a variation of any provision of the applicable floodproofing criteria prescribed in the regulations; or

(c) a variation under both clause (a) and clause (b).

Order for variation

17(6)       The minister may by order grant, in whole or in part, any variation of a term or condition of a two-stage permit or a provision of floodproofing criteria for which application is made under subsection (5),

(a) where the minister is satisfied that compliance with the term or condition or the provision, without variation, would have an adverse effect on developed neighbouring land;

(b) where the application relates to a two-stage permit for the reconstruction of, or the construction of an addition to, or the construction of a building or other structure appurtenant to, an existing building lawfully constructed and lawfully maintained, and the minister is satisfied that compliance with the term or condition or the provision, without variation, would be impossible or impractical; or

(c) where the application relates to a two-stage permit for the replacement of an existing building or structure, lawfully constructed and lawfully maintained, that has been destroyed by fire or flood or other peril, and the minister is satisfied that compliance with the term or condition or the provision, without variation, would be impossible or impractical;

as the case may be, and the minister may make the order subject to terms and conditions including a term or condition prohibiting the applicant from receiving any flood protection assistance or flood damage assistance for which the applicant might otherwise be eligible.

Appeal to Municipal Board

17(7)       Where the minister

(a) refuses to issue a two-stage permit under subsection (3); or

(b) cancels a two-stage permit under subsection (4); or

(c) refuses to make an order for a variation under subsection (6); or

(d) makes an order under subsection (6) for a partial variation only, but refuses to make an order for the whole variation applied for under subsection (5); or

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

the person affected by the refusal, cancellation or stop work order may in writing appeal therefrom to The Municipal Board.

Trial de novo

17(8)       An appeal to the Municipal Board under subsection (7) shall be by way of trial de novo, and after hearing the appeal The Municipal Board may direct the minister

(a) to issue or re-issue the two-stage permit; or

(b) to make an order granting the variation applied for, in whole or in part; or

(c) to make an order revoking the order appealed from and to make such further order as The Municipal Board may direct;

as the case may be, or may dismiss the appeal, and the minister shall carry out any direction of The Municipal Board.

Filing of order in land titles office

17(9)       The minister may file in the proper land titles office or registry office, as the case may require, a copy of any order made by the minister under this section.

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 each stage of 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.

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.

Caveat re non-compliance with floodproofing criteria

17(10.2)    Where a building, structure or erection inspected under subsection (10.1) does not comply with the floodproofing criteria applicable to it, 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

(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 subsection (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.

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 the applicable floodproofing criteria.

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.

Memorials on Certificates of Title

17(12)      Upon the filing under this section of any order or caveat, or a copy of an order or caveat in a land titles office in respect of new system land, the district registrar shall endorse a memorial thereof on the certificate of title containing the land without production of the duplicate certificate of title.

Removal of buildings, etc.

17(13)      Where a building, structure or erection is built, constructed or erected within or brought onto a designated flood area, or is occupied or maintained within a designated flood area, in contravention of any provision of this section or in contravention of any applicable flood proofing criteria, the minister may order the building, structure or erection to be removed from the designated flood area within a period of time stated in the order, and if the owner thereof fails to comply with the order the minister may cause the building, structure or erection to be removed and the cost of the removal may be charged against and collected from the owner.

R.S.M. 1987 Supp., c. 33, s. 4 and 5; S.M. 1998, c. 18, s. 2; S.M. 2000, c. 23, s. 2; S.M. 2004, c. 42, s. 56.

Evacuation order

18(1)       Where

(a) a dyked area is flooded;

(b) in the opinion of the minister, a dyked area is in imminent danger of being flooded because of a weakness in a designated dyking system or the danger of a flood exceeding the level against which a designated dyking system can protect the dyked area;

(c) the means of access by road to and from a dyked area are flooded, or, in the opinion of the minister, in imminent danger of being flooded;

(d) the water supply in the dyked area is polluted or, in the opinion of the minister, in danger of becoming polluted because of flooding in the dyked area or the territory immediately surrounding it; or

(e) in the opinion of the minister, the health or safety of persons within a dyked area is or may be threatened because of flooding or imminent danger of flooding in the dyked area or the territory immediately surrounding it;

the minister may in writing order that the dyked area be evacuated to protect the health and safety of persons in the dyked area and to prevent loss of life.

Compliance with order

18(2)       Subject to subsection (3), where the minister orders a dyked area to be evacuated under subsection (1), each person within the dyked area shall leave the dyked area; and, if a person within the dyked area fails or refuses to leave the dyked area upon being informed, in writing or orally, of the order by any person mentioned in clause (3)(a) or (b), any person mentioned in clause (3)(a) or (b) may forcibly remove the first mentioned person from the dyked area.

Exceptions

18(3)       Notwithstanding subsection (2)

(a) peace officers;

(b) persons employed under the direction of the minister, a municipality, an officer in the regular force of the Canadian Forces, or acting under the authority of The Emergency Measures Act; or

(c) persons who are employed by the operator of a public utility as that expression is defined in The Public Utilities Board Act for the purpose of maintaining or operating equipment or property situated within the dyked area required to keep the public utility operating or to prevent damage to the equipment or property of the public utility;

are not required to evacuate a dyked area pursuant to an order made under subsection (1).

Statutes and Regulations Act does not apply

18(4)        The Statutes and Regulations Act does not apply to an order made under subsection (1).

Right of entry

18(5)       The minister, or any person authorized by him for the purpose, may enter upon or into any land or building

(a) for the purpose of enforcing an order made under subsection (1); or

(b) for the purpose of taking such action as, in the opinion of the minister, is necessary to protect a dyked area, or any property therein, from flooding where the dyked area is, in the opinion of the minister, threatened by flooding or is in imminent danger of being flooded.

Work related to dyking systems

18(6)       Where, in the opinion of the minister, a dyked area is threatened by flooding or is in imminent danger of being flooded, he may authorize such work to be done as may be necessary to complete a designated dyking system protecting the dyked area or to increase the level of the dyking system and any person employed under the direction of the minister may enter upon or into any property or building for that purpose.

S.M. 2013, c. 39, Sch. A, s. 91.

Power of minister as to contracts

19(1)       The minister may make with any person or firm any contract that may be necessary or advisable in carrying out any provision of this Act or in respect of any water control works; but, subject to section 25, no deeds, contracts, documents, or writings are binding upon the government or upon the minister, or shall be held to be acts of the minister, unless signed by him and sealed with the seal of the department.

Duty to invite tenders

19(2)       The minister shall invite tenders by public advertisement for the construction and repair of all water control works under his jurisdiction and control except in cases of pressing emergency, where delay would be injurious to the public interest, or where in the opinion of the minister the work can be more expeditiously and economically executed by order or by such other arrangement as the minister directs, or by officers or employees of the department, or of some other department or branch of the executive government.

Where lowest tender not accepted

19(3)       Where it seems to the minister to be inexpedient to let any contract to the lowest bidder, he shall report the fact to, and obtain the authority of, the Executive Council before passing by the lowest tender.

Execution of contracts

19(4)       Subject to section 25, except on the authority of the minister, no moneys shall be paid to a contractor, nor shall any work be commenced on a contract, until the contract has been signed by all parties therein named and the prerequisite security has been given.

Security for performance of contracts

19(5)       Where work on water control works is being carried out under a contract and in all other cases, the minister shall take all reasonable care that security is given to, and in the name of, Her Majesty for due performance of the work at a cost to Her Majesty not exceeding the amount fixed therefor, and within the time specified for its completion.

Contracts to inure to Her Majesty

19(6)       Every contract respecting water control works, or property, real or personal, under the jurisdiction or control of the minister, entered into, whether on, before, or after April 1, 1967 by the minister or by any other person duly authorized to enter into it, inures to the benefit and use of Her Majesty and may be enforced as if it had been entered into with Her Majesty under the authority of this Act.

Right of entry

20          The minister or any person authorized by him may enter upon any land

(a) entry upon which is required for the making of a survey that the minister deems to be necessary in connection with any water control works or proposed water control works; or

(b) that is necessary, or entry upon which is necessary for the proper construction, maintenance, or operation of water control works.

Power of minister to require delivery of plans, etc.

21          The minister, with the consent of the Lieutenant Governor in Council, may require any person having the possession of maps, plans, specifications, estimates, reports, or other papers, books, drawings, instruments, models, contracts, documents, or records, relating to any water control works to deliver them to the minister; and the minister, if he deems it necessary or advisable, may make copies thereof.

Actions brought by Attorney-General

22          All actions, suits, and other proceedings, at law or in equity, for the enforcement of any contract, or for the recovery of damages for any tort or breach of contract, or for the trial of any right in respect of any property, real or personal, under the jurisdiction and control of the minister, shall be instituted in the name of the Attorney-General for the province.

Arbitration

23(1)       Where a person has a claim that is not subject to The Expropriation Act arising out of, or connected with, the execution or non-execution of any work in respect of water control works, or arising out of or connected with, the fulfilment or on account of deductions made for the non-execution and non-fulfilment, of any contract in respect of any water control works made and entered into with the minister or with any other person duly authorized to enter into it, either in the name of Her Majesty or in any other manner whatsoever, the person may give notice in writing of his claim to the minister, stating the particulars thereof and how it has arisen; and the minister may at any time within 60 days after receiving the notice, tender an amount that he considers a just satisfaction of the claim, together with notice that, unless the sum so tendered is accepted within ten days after the making of the tender, the claim may be submitted to arbitration.

Where tender not accepted

23(2)       Where a tender made under subsection (1) is not accepted within the time therein set out, the minister may submit the claim to arbitration by two arbitrators.

Security

23(3)       Before the arbitration commences, the arbitrators may demand that the claimant give security to the satisfaction of the arbitrators for the payment of the costs and expenses incurred by the arbitrators in the event of the claimant being required by the award to pay the costs.

Appeal

23(4)       The award of the arbitrators is subject to appeal.

No arbitration where minister has power to decide

23(5)       No arbitration shall be allowed in any case where, by the terms of the contract under which the claim arises, it is provided that the determination of any matters of difference arising out of, or connected with, the same shall be made by the minister.

Certified copies of plans, etc.

24          A copy of any plan, or any other document, in the department or any order made, or any correspondence, certificate, or other document signed by, the minister, certified by the minister to be a true copy, is admissible in evidence as prima facie proof thereof, and has the same legal effect as the original in any court or elsewhere.

Authority to minister to delegate powers

25(1)       Where, under this Act, or under any other Act of the Legislature, power or authority is granted to, or vested in, the minister

(a) to enter into any agreement; or

(b) to execute or approve any transfer, deed, or other conveyance or any agreement, lease, caveat, plan, or other document, or withdrawal or discharge thereof; or

(c) to issue, grant, suspend, or cancel any permit, licence, or authority; or

(d) to execute, issue, or approve, any order, requisition, or document, for work, purchase of goods, quotation of prices of articles or materials, or other purpose; or

(e) to do any other act or thing;

the minister may, by written authorization approved by the Lieutenant Governor in Council, delegate that power or authority to any person employed under the minister, subject to such limitations, restrictions, conditions, and requirements as the minister may impose and as are set out in the written authorization.

Limitations to be observed in exercising delegated powers

25(2)       In exercising any power or authority so delegated to him, the person to whom it is delegated is bound by, and shall observe and conform to, any limitations, restrictions, conditions, and requirements so imposed by the minister or to which the minister is subject in himself exercising the power or authority under the Act in which it is granted to, or vested in, him.

S.M. 2008, c. 42, s. 95.

Regulations

26(1)       For the purpose of carrying out the provisions of this Act, according to their intent the Lieutenant Governor in Council may make such regulations as are ancillary thereto and not inconsistent therewith; and every regulation made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations,

(a) subject to subsection (2), designating an area adjacent to and surrounding, either wholly or partially, a reservoir as a designated reservoir area;

(b) respecting applications for, issues of, and the form of, permits issued under section 16 and prescribing the fees therefor;

(c) respecting specifications and standards of buildings, structures, or erections, built, constructed, or erected or brought on or within a designated reservoir area;

(d) respecting terms and conditions subject to which a permit may be issued under section 16;

(e) respecting the use to which land in a designated reservoir area may be put;

(f) designating any area of the province that is subject to flooding, or that has been flooded at any time since the year 1900, from natural causes, as a designated flood area;

(f.1) designating a water control work for the purpose of the definition "designated water control work";

(f.2) describing the land and structures that make up the Shellmouth Dam;

(f.3) for the purpose of the definition "unregulated level", specifying one or more water control works that are, along with a designated water control work, to be considered absent in determining the unregulated level of a particular water body;

(f.4) respecting the eligibility of persons to claim compensation under section 12.1;

(f.5) prescribing a time limit after which a person may not claim compensation for property damage or economic loss caused by artificial flooding, and prescribing other time limits respecting property damage or economic loss;

(f.6) respecting eligible property and economic loss;

(f.7) prescribing categories of persons who suffer damage to property or economic loss caused by artificial flooding, and exempting one or more categories from the operation of any provision of this Act;

(f.8) respecting applications for compensation for property damage or economic loss caused by artificial flooding, the determination and assessment of compensation claims, and the evaluation of claimants' entitlement to assistance or compensation under other programs;

(f.9) respecting compensation for property damage or economic loss caused by artificial flooding, and claims in general for that type of compensation;

(f.10) respecting appeals under section 12.4, including prescribing an appeal fee and providing for circumstances in which the fee may be waived or refunded in whole or part;

(f.11) respecting reports under section 12.7;

(g) respecting applications for and the issue and form of permits that may be issued under section 17, and prescribing the fees therefor;

(h) prescribing flood proofing criteria for the purposes of section 17;

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

(i) respecting the use to which land in a designated flood area may be put;

(j) designating any dyking system in the province constructed and maintained for the purpose of protecting any area of the province from flooding as a designated dyking system and describing the area protected by the designated dyking system.

Restrictions on designated reservoir area

26(2)       The boundary of a designated reservoir area shall not at any point be further than one mile from the anticipated high water line of the reservoir in respect of which the area is designated, but the designated reservoir area may include the whole or part of a reservoir.

Other Acts

26(3)       The requirements of any floodproofing criteria prescribed under subsection (1) are in addition to and not in substitution for the requirements of any applicable building code or municipal by-law or any other Act of the Legislature.

R.S.M. 1987 Supp., c. 33, s. 6 and 7; S.M. 2000, c. 23, s. 1; S.M. 2008, c. 28, s. 5.

Offence and penalty

27(1)       A person who contravenes or violates any provision of subsection 14(4), or subsection 16(1) or (2), or fails to comply with any such provision, or fails to comply with any terms and conditions prescribed by the minister under section 14 or any terms and conditions of a permit issued under subsection 16(4) or 17(3), is guilty of an offence and is liable, on summary conviction, to a fine of not less than $50. and not more than $500., or to imprisonment for a term of not more than six months.

Continuing offence

27(2)       Where a contravention, violation, or failure mentioned in subsection (1) is repeated on, or continued during, more than one day, the contravention, violation, or failure, constitutes a new and distinct offence for each day on which it is repeated or during which it is continued.

S.M. 1998, c. 18, s. 3.

Injury to water control works

28(1)       Any person who deliberately or negligently in any manner damages, injures, breaks, or destroys, water control works under the jurisdiction and control of the minister, or renders such water control works unfit for use, or so deals with water control works as to limit, hamper, or render difficult, the use thereof, is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $100., or to imprisonment for a term not exceeding 60 days, or to both.

Order for repair of damage

28(2)       A justice by whom any person is convicted under subsection (1) may, on application by the Crown, made either at the time of the trial or within 30 days thereafter, order the person convicted to repair any damage or injury done by him to the water control works, or to restore the water control works to the condition in which it was before it was damaged, injured, broken, destroyed, rendered unfit for use, or dealt with as aforesaid, within a time specified by the justice; and the person convicted shall forthwith comply with the order.

Work done by minister

28(3)       Where a person against whom an order has been made under subsection (2) fails to comply with the order within the time specified, the minister may do the work necessary to comply with the order and the costs thereof may be collected from the person as a debt due to the Crown.

Offence and penalty

29          A person who contravenes or fails to comply with any provision of this Act or the regulations or an order made under subsection 18(1) is guilty of an offence, and except where another penalty is provided, is liable, on summary conviction, to a fine not exceeding $25., or to imprisonment for a term not exceeding 14 days, or to both.

 

 


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