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The Water Supply Commissions Act
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This version is current as of April 28, 2017.
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C.C.S.M. c. W100

The Water Supply Commissions Act

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

Definitions

1           In this Act,

"commissioner" means a member of a water commission; (« commissaire »)

"minister" means the minister designated under The Water Resources Administration Act as minister under that Act; (« ministre »)

"water commission" means a water commission established by regulation made under section 2 or subsection 4(2) , and, where used with respect to a water commission area, means the water commission established for that water commission area; (« commission de l'eau »)

"water commission area" means an area described in a regulation made under section 2 or subsection 4(2) for which a water commission is established.  (« territoire d'une commission de l'eau »)

Area commission established

2(1)        The Lieutenant Governor in Council may make regulations

(a) establishing a water commission for a water commission area;

(b) subject to subsection (2) and to section 4, describing a water commission area for which any water commission is established;

(c) giving the water commission a name;

(d) fixing the number of commissioners to be appointed to the water commission and a quorum for a meeting of the commissioners;

(e) appointing the first commissioners to the water commission and the method of appointment of subsequent commissioners and their terms of office;

(f) subject as herein otherwise provided, prescribing the powers, duties, privileges and functions of water commissions and commissioners including the power to pay indemnities and expenses to commissioners.

Water commission area

2(2)        A water commission area described in a regulation made under clause (1)(b) shall comprise all or part of the lands included in two or more municipalities and, where deemed advisable by the Lieutenant Governor in Council, all or part of the lands included in a local government district or lands in unorganized territory.

3           [Repealed]

S.M. 2013, c. 39, Sch. A, s. 93.

Resolution of council

4(1)        Subject to subsection (2), the Lieutenant Governor in Council shall not make, under subsection 2(1), a regulation that includes a municipality, or a part thereof, in a water commission area unless the council of that municipality has passed a resolution in favour of the municipality, or part thereof, being included in the water commission area.

Municipalities in Schedule

4(2)        The Lieutenant Governor in Council shall make a regulation establishing a water commission for a water commission area comprising all lands contained in the municipalities mentioned in the Schedule, and, subject to subsection (1), may amend the regulation to exclude certain of those lands or to include other lands.

Incorporation

5(1)        Each water commission established under this Part is, from the date of establishment, a body corporate composed of the commissioners thereof, under the name: "The                Water Commission" (giving where indicated the name applicable to the water commission).

Continuation

5(2)        Each water commission established upon the coming into force of this Act is hereby continued.

Officers

6           A water commission shall elect a chairman and a vice-chairman and such other officers as the commission may deem necessary.

Employees

7           A water commission shall appoint a secretary and such other officers as the commissioners may deem necessary, any of whom may be a commissioner; and it may employ engineers, accountants and such other employees as the commissioners may deem necessary, and may fix the remuneration, salary or wages to be paid to such officers or employees.

Consideration of water supply

8           The water commission shall examine and consider all matters relative to supplying the water commission area with an adequate and reliable permanent supply of water for the use of the inhabitants thereof, and relative to the control and use of the water resources available in the water commission area.

Preparation of schemes

9(1)        The water commission shall prepare or have prepared schemes providing for the construction, maintenance, and operation of waterworks for supplying water to the water commission area or a part thereof described in the scheme, or for controlling or using the water resources available in the water commission area, and setting out the estimated cost of the construction, maintenance, and operation of the waterworks, including the cost of construction, maintenance and operation of local distribution systems, but not including the cost of any work done or materials supplied on the land of a person for the purpose of enabling that person, or the occupants of the land, to receive water from the waterworks, and setting out the method by which the estimated cost will be paid by the inhabitants of the water commission area or the part thereof described in the scheme and by persons receiving water from the waterworks; and without limiting the generality of the foregoing a scheme shall provide

(a) for the establishment of a water district comprising all the lands contained in the water commission area or a part thereof; or

(b) for the extension of a water district previously established in the water commission area by the inclusion of more lands; or

(c) for the amalgamation or merging of two or more water districts previously established in the water commission area; or

(d) for the amendment in any other respect of a scheme previously ratified;

and, in addition, the scheme may provide

(e) for the imposing of different water rates imposed under Part II for paying for the construction, maintenance, and operation of waterworks, in different parts of a water district, and the basis and method of calculating the difference in the water rates;

(f) for the taking over by the water district of agreements made by the water commission under section 19; and

(g) for such other matters as the water commission may deem necessary or advisable for the supplying of water to the water commission area or water district or for facilitating the supplying of water to the water commission area.

Municipal resolution

9(2)        A water commission shall not prepare a scheme providing for the inclusion of a municipality or a part thereof in a water district unless the council of that municipality has passed a resolution in favour of the municipality or that part thereof being included in the water district.

Petition of residents

9(3)        Where 10% of the resident ratepayers of any part of a water commission area

(a) that is not in a water district; and

(b) that has a resident population of at least 200 persons;

petition the council of the municipality in which that part of the water commission area is situated to be included in a water district, the council of the municipality shall pass a resolution in favour of that part of the water commission area being included in a water district.

Resolution sent to commission

9(4)        When the council of a municipality in a water commission area passes a resolution in favour of the municipality or a part thereof being included in a water district, the secretary-treasurer of the municipality shall forthwith send a copy thereof to the water commission.

Powers

10(1)       A water commission may

(a) make inquiries and representations as to the need and demand for water, for water supply and control works, or for water supply distribution systems, in the water commission area or a part thereof;

(b) hold meetings of inhabitants of the water commission area, or part thereof, for the purpose of informing them of the matters being examined and considered by the water commission, or the results of such an examination or consideration;

(c) obtain such professional and technical assistance for the purpose of preparing schemes as they may deem advisable or necessary;

(d) [repealed] S.M. 1996, c. 58, s. 476.

Ancillary powers

10(2)       To the extent that they are applicable, a water commission shall have and possess the powers set out in Part III of The Corporations Act.

S.M. 1996, c. 58, s. 476.

Authorization by Municipal Board

11          When a scheme has been prepared, the water commission shall submit it to The Municipal Board for authorization and The Municipal Board Act applies to the submission.

Submission to councils

12          After a scheme has been authorized by The Municipal Board, the commission shall submit it for ratification

(a) where the scheme provides for the establishment of a water district, to the council of each municipality that is, or a part of which is, to comprise part of the water district;

(b) where the scheme provides for the extension of a water district, to the council of each municipality that is, or a part of which is, to comprise a part of the lands to be added to the water district, and, if the scheme provides for part of the cost of construction of the waterworks necessary for the extension to be raised by an increase in the water rate on the taxable property in the existing water district, to the council of each municipality that comprises, or a part of which comprises, the existing water district;

(c) where the scheme provides for the amalgamation or merging of two or more water districts, to the council of each municipality that comprises, or a part of which comprises, one of the water districts to be amalgamated or merged; and

(d) where the scheme provides for the amendment in any other respect of a scheme previously ratified, to the council of each municipality the ratepayers of which would, if the scheme were ratified, be required to pay an increased water rate by reason thereof.

S.M. 1996, c. 58, s. 476; S.M. 2011, c. 35, s. 53.

13          [Repealed]

S.M. 1989-90, c. 24, s. 97; S.M. 1996, c. 58, s. 476.

14          [Repealed]

S.M. 1996, c. 58, s. 476.

15          [Repealed]

S.M. 1989-90, c. 24, s. 97; S.M. 1996, c. 58, s. 476.

16          [Repealed]

S.M. 1996, c. 58, s. 476.

Where scheme ratified

17          Where a scheme is ratified by each municipality to which the scheme is required to be submitted, the water commission shall send a copy of the scheme to the minister.

S.M. 1996, c. 58, s. 476.

Approval of scheme by L. G. in C.

18(1)       Where a scheme has been sent to the minister, he shall recommend that the Lieutenant Governor in Council, and the Lieutenant Governor in Council shall approve the scheme and make a regulation,

(a) where the scheme provides for the establishment of a water district, establishing a water district, describing the boundaries thereof, or the lands comprising it, giving a name thereto, appointing the members of the first board thereof, and fixing the number of members on the board and the method of their election;

(b) where the scheme provides for the extension of a water district, amending the regulation establishing it by extending the water district so as to include therein the lands that, under the scheme, are to be included therein;

(c) where the scheme provides for the amalgamation or merger of two or more water districts, establishing a new water district comprised of the lands of the water districts to be amalgamated or merged, describing the boundaries of, or the lands comprising, the new water district, giving a name thereto, appointing the first members of the board thereof, fixing the number of members on the board and the method of their election, and repealing the regulations establishing the water districts to be amalgamated or merged and any regulations amending them; and

(d) where the scheme provides for the amendment in any other respect of a scheme previously ratified, making such amendments to regulations previously made as are necessary to give effect to the scheme;

and, subject to this Act, the regulation may contain such other provisions, not contrary to law, as the Lieutenant Governor in Council may deem necessary or advisable.

18(2)       [Repealed] S.M. 2013, c. 39, Sch. A, s. 93.

Scheme sent to water district

18(3)       Upon a scheme being approved by the Lieutenant Governor in Council, the water commission shall forthwith send a copy thereof to the board of the water district that is affected by the scheme.

Conditional agreements

19          A water commission may, before a scheme is ratified, make agreements with such other parties as it may deem advisable, conditional on the ratification of the scheme, for the purpose of facilitating or assisting in the carrying into effect or implementation of the scheme; and if the scheme is ratified it may assign the agreement to the water district that will carry the scheme into effect or implement it.

Budget of water commission

20(1)       Each water commission shall, at the beginning of its fiscal year, ascertain the amount of money necessary to meet its debts and obligations for that fiscal year and any unpaid debts or obligations from a previous year; and that amount shall be collected, in the manner hereinafter set out, from the municipalities that are, or parts of which are, in the water commission area.

Fiscal year

20(2)       The fiscal year of a water commission commences with January 1 in each year and ends on December 31 in that year.

Share of annual revenue

21(1)       Each municipality that is, or part of which is, in a water commission area shall, on written demand by the water commission, pay to it from the general revenues of the municipality a proportion of the amount ascertained by the water commission under subsection 20(1) that is equal to the proportion that

(a) the population of that municipality resident within the water commission area;

bears to

(b) the population of the water commission area.

Determination of population

21(2)       In determining the population of a water commission area or a municipality for the purposes of subsection (1), the then latest census in respect of which Statistics Canada has issued its final report shall be used.

Debt of municipality

21(3)       The moneys payable by a municipality under subsection (1), are a debt of the municipality payable to the water commission.

SCHEDULE

1.

The Town of Altona.

2.

The Town of Carman.

3.

The Rural Municipality of Dufferin.

4.

The Town of Emerson.

5.

The Village of Gretna.

6.

The Rural Municipality of Grey.

7.

The Rural Municipality of Montcalm.

8.

The Town of Morden.

9.

The Rural Municipality of Morris.

10.

The Town of Morris.

11.

The Village of Plum Coulee.

12.

The Rural Municipality of Rhineland.

13.

The Rural Municipality of Roland.

14.

The Rural Municipality of Stanley.

15.

The Rural Municipality of Thompson.

16.

The Town of Winkler.

NOTE: This Act was enacted as part of the roll of statutes re-enacted by SM 1988, c. 1, and designated as the Re-enacted Statutes of Manitoba, 1988. Except as otherwise provided in those Acts, they came into force on October 19, 1988 (the day that SM 1998, c. 1 received royal assent).