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This is an unofficial version of the Act as of the day it was repealed.
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REPEALED
Date: March 31, 2018


C.C.S.M. c. E2

The Manitoba East Side Road Authority Act

Table of contents

(Assented to June 10, 2004)

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

DEFINITIONS

Definitions

1

The following definitions apply in this Act.

"authority" means the Manitoba 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-season 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 »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

S.M. 2005, c. 42, s. 17; S.M. 2009, c. 34, s. 3; S.M. 2015, c. 1, s. 3.

AUTHORITY

Authority continued

2(1)

The Manitoba Floodway and East Side Road 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 East Side Road Authority".

Corporations Act not applicable

2(2)

Except as otherwise provided in the regulations, The Corporations Act does not apply to the authority.

S.M. 2005, c. 42, s. 17; S.M. 2009, c. 34, s. 5; S.M. 2015, c. 1, s. 4.

Powers of 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.

S.M. 2005, c. 42, s. 17; S.M. 2009, c. 34, s. 6.

Crown agent

4

The authority is an agent of the Crown.

S.M. 2005, c. 42, s. 17; S.M. 2009, c. 34, s. 7.

MANDATE

Mandate

5(1)

The authority's mandate is to

(a) construct and maintain the east side road;

(b) ensure that the construction and maintenance of the east side road is carried out in a manner that provides increased benefits; and

(c) maximize the benefits the 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 construction and maintenance of the east side road;

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

(c) co-ordinate and supervise work on the construction and maintenance of the east side road.

S.M. 2005, c. 42, s. 17; S.M. 2009, c. 34, s. 8; S.M. 2012, c. 40, s. 59; S.M. 2015, c. 1, s. 5.

BOARD OF DIRECTORS

Board

6(1)

The board of directors of the authority is to consist of at least five members appointed by the Lieutenant Governor in Council.

Responsibility of the board

6(2)

The board is to direct the business and affairs of the authority.

S.M. 2005, c. 42, s. 17; S.M. 2009, c. 34, s. 9.

Term of appointment

7(1)

Directors are to be appointed for the term fixed in the order appointing them.

Appointment continues

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.

Chair and vice-chair

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.

Duties of vice-chair

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.

Interim 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.

By-laws

8

The board may make by-laws respecting the conduct and management of its business and affairs.

CHIEF EXECUTIVE OFFICER

Chief executive officer

9

The Lieutenant Governor in Council must appoint a person as Chief Executive Officer of the authority.

S.M. 2005, c. 42, s. 17; S.M. 2009, c. 34, s. 9.

FINANCIAL MATTERS

Money from any source

10

The authority may receive money from any source to carry out its mandate.

S.M. 2005, c. 42, s. 17; S.M. 2009, c. 34, s. 9.

Grants from Consolidated Fund

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.

S.M. 2005, c. 42, s. 17; S.M. 2009, c. 34, s. 9.

Borrowing

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.

Advance out of Consolidated Fund

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.

S.M. 2005, c. 42, s. 17; S.M. 2009, c. 34, s. 9.

Investments

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.

Payment to authority

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.

S.M. 2005, c. 42, s. 17; S.M. 2009, c. 34, s. 9.

Fiscal year

14

The fiscal year of the authority ends on March 31 of each year.

S.M. 2005, c. 42, s. 17; S.M. 2009, c. 34, s. 9.

REPORTS

Audit

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.

S.M. 2005, c. 42, s. 17; S.M. 2009, c. 34, s. 9.

Annual report

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.

Contents of report

16(2)

The report must include the audited financial statements of the authority and any other information that the minister requests.

S.M. 2005, c. 42, s. 17; S.M. 2009, c. 34, s. 9.

Tabling of reports in the Assembly

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.

GENERAL PROVISIONS

Expropriation

18

The authority may, with the approval of the minister, acquire land required for the construction of the east side road by expropriation in accordance with The Expropriation Act.

S.M. 2005, c. 42, s. 17; S.M. 2009, c. 34, s. 10; S.M. 2015, c. 1, s. 6.

Protection from liability

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.

S.M. 2005, c. 42, s. 17; S.M. 2009, c. 34, s. 11.

Regulations

20

The Lieutenant Governor in Council may make regulations

(a) [repealed] S.M. 2015, c. 1, s. 7;

(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.

S.M. 2005, c. 42, s. 17; S.M. 2009, c. 34, s. 12; S.M. 2015, c. 1, s. 7.

21

[Repealed]

S.M. 2005, c. 42, s. 17; S.M. 2015, c. 1, s. 8.

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.

S.M. 2009, c. 34, s. 14.

22

NOTE:  This section contained consequential amendments to The Water Resources Administration Act that are now included in that Act.

CITATION AND COMING INTO FORCE

C.C.S.M. reference

23

This Act may be referred to as chapter E2 of the Continuing Consolidation of the Statutes of Manitoba.

S.M. 2015, c. 1, s. 9.

Coming into force

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.

Table of contents