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An Act to amend The Water Resources Administration Act

R.S.M. 1987 Supp., c. 33

An Act to amend The Water Resources Administration Act

Definition "floodproofing criteria" added.

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Section 1 of The Water Resources Administration Act, being chapter W70 of the Re-enacted Statutes of Manitoba, 1987, is amended by adding thereto, immediately after the definition "dyked area" the following definition:

"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").

Subsec. 16(3) rep. and sub.

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Subsection 16(3) of the Act is repealed and the following subsection is substituted therefor:

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.

Subsec. 16(4) rep. and sub.

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Subsection 16(4) of the Act is repealed and the following subsection is substituted therefor:

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.

Subsec. 17(3) am.

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Subsection 17(3) of the Act is amended by striking out all the words therein immediately after clause (c) thereof and substituting therefor the words "and the minister may make the permit subject to such terms and conditions, not inconsistent with the regulations, as the minister may deem advisable".

Subsecs. 17(4), (5) and (6) rep. and sub.

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Subsections 17(4), (5) and (6) of the Act are repealed and the following subsections are substituted therefor:

Cancellation of permit.

17(4)

The minister may cancel a permit issued under subsection (3) where he has reason to believe that the work being carried out under the 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 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 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 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 neighboring land; or

(b) where the application relates to a 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 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 permit under subsection (3); or

(b) cancels a 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);

the person affected by the refusal or cancellation 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 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.

Filing of notice in land titles office.

17(10)

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 file a notice to that effect in the proper land titles office or registry office, as the case may require.

Cancellation of notice.

17(11)

The minister may at any time cancel a notice filed under subsection (10), and in that event shall file a cancellation of the notice in the proper land titles office or registry office.

Memorials on Certificates of Title.

17(12)

Upon the filing under this section of any order, notice or cancellation of a notice, or a copy of any of them, 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.

Subsec. 26(1) am.

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Subsection 26(1) of the Act is amended by striking out clause (g) thereof and substituting therefor the following clauses:

(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;

(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.

Subsec. 26(3) added.

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The Act is amended by adding thereto, immediately after subsection 26(2) thereof, the following subsection:

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.

Commencement of Act.

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This Act comes into force on a day fixed by proclamation.