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S.M. 2004, c. 25
Bill 31, 2nd Session, 38th Legislature
The Floodway Authority Act
(Assented to June 10, 2004)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The following definitions apply in this Act.
"board" means the board of directors of the Floodway Authority. (« conseil »)
"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 »)
FLOODWAY AUTHORITY ESTABLISHED
Floodway Authority established
The Floodway Authority is hereby established as a corporation without share capital, consisting of the directors appointed by the Lieutenant Governor in Council under section 6.
Corporations Act not applicable
Except as otherwise provided in the regulations, The Corporations Act does not apply to the Floodway Authority.
Subject to this Act, the Floodway Authority has the capacity and powers of a natural person for the purpose of carrying out its mandate.
The Floodway Authority is an agent of the Crown.
The Floodway Authority's mandate is to
(a) expand the capacity of the floodway;
(b) ensure that the expansion is carried out in a manner that provides increased benefits to the community;
(c) enhance the benefits the floodway will provide to the community; and
(d) maintain the land and structures that make up the floodway.
In carrying out its mandate, the Floodway Authority is to
(a) obtain all approvals required for the floodway expansion;
(b) retain the services of persons to perform work on the floodway expansion and support training for persons working on the floodway expansion;
(c) co-ordinate and supervise work on the floodway expansion; and
(d) establish arrangements with the Department of Water Stewardship to co-ordinate the floodway expansion with the department's ongoing operation of the floodway.
BOARD OF DIRECTORS
The board of directors of the Floodway Authority is to consist of at least five members appointed by the Lieutenant Governor in Council.
The board is to direct the business and affairs of the Floodway Authority.
Directors are to be appointed for the term fixed in the order appointing them.
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.
The Lieutenant Governor in Council must designate one of the directors as the chair and one as the vice-chair of the board.
The vice-chair has the authority of the chair if the chair is absent or unable to act, or when authorized by the chair.
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.
The board may make by-laws respecting the conduct and management of its business and affairs.
CHIEF EXECUTIVE OFFICER
The Lieutenant Governor in Council must appoint a person as Chief Executive Officer of the Floodway Authority.
The Floodway Authority may receive money from any source to carry out its mandate.
The Minister of Finance may, on the requisition of the minister, make grants to the Floodway Authority from the Consolidated Fund with money authorized by an Act of the Legislature to be so paid and applied.
The Floodway 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
Money required for a loan from the government may be paid out of the Consolidated Fund in accordance with The Financial Administration Act.
The Floodway Authority must deposit with the Minister of Finance, for investment on its behalf, money that is not immediately required for its purposes.
At the request of the Floodway Authority, the Minister of Finance must pay to the Floodway Authority money invested under this section and interest earned on those investments.
The fiscal year of the Floodway Authority ends on March 31 of each year.
The board must appoint an independent auditor to audit the records, accounts and financial transactions of the Floodway Authority in each fiscal year. The expenses of the audit are to be paid by the Floodway Authority.
Within four months after the end of each fiscal year, the Floodway Authority must make a report to the minister on its activities during that fiscal year.
The report must include the audited financial statements of the Floodway Authority and any other information that the minister requests.
Tabling of reports in the Assembly
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.
The Floodway Authority may, with the approval of the minister, acquire land required for the floodway expansion by expropriation in accordance with The Expropriation Act.
No action or proceeding may be brought against a director, officer or employee of the Floodway 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.
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;
(b) respecting the extent to which The Corporations Act applies to the Floodway Authority;
(c) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable.
WINDING UP OF MANITOBA FLOODWAY EXPANSION AUTHORITY INC.
Transfer to Floodway Authority
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 Floodway Authority;
(b) the 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 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 Floodway Authority; and
(e) Manitoba Floodway Expansion Authority Inc. ceases to exist and, upon the request of the Floodway Authority, the Director appointed under The Corporations Act must issue a certificate of dissolution.
The following is added after section 2 of The Water Resources Administration Act:
Exception re floodway expansion
Despite anything contained in this Act, the Floodway Authority established under The Floodway 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.
COMING INTO FORCE
This Act may be referred to as chapter F133 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on a day to be fixed by proclamation.