|This is an unofficial archived version of The Rivers and Streams Act|
as enacted by SM 1988-89, c. 1 on October 19, 1988.
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R.S.M. 1988, c. R160
The Rivers and Streams Act
|Table of Contents|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"authority" means an authority appointed under section 9 and, where used in any provision or used or applied with respect to any designated area, means the authority to which that provision relates or appointed in respect of that designated area; ("service")
"designated area" means a district designated by order of the Lieutenant Governor in Council under subsection 2(1), and the river or stream, or part thereof, to which the district so designated is adjacent and that is also designated in the order; ("zone désignée")
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; ("ministre")
"prescribed" means prescribed in the regulations; ("prescrit")
"river" and "stream" include a river, stream, creek, canal, drainage ditch, water channel, and any other water course, whether natural or made or improved by man. ("cours d'eau")
The Lieutenant Governor in Council may designate the whole or any portion of any river or stream in the province, and any district adjacent to either bank or both banks thereof or of the part thereof so designated, as being an area to which this Act applies.
The Lieutenant Governor in Council shall not make a designation under subsection (1) unless the council of each municipality of which the whole or any part will be included in the designated area to be established by the order, has by resolution requested that the designation be made.
A designated area shall not extend on either bank of a river or stream to a greater horizontal distance than 350 feet from the normal summer water mark thereof.
The Lieutenant Governor in Council shall give to each designated area a number and that designated area shall be known and described as: "The Rivers and Streams Protection Designated area No. xxx". (Whatever number is given to the designated area shall be inserted where hereinbefore indicated.)
This Act applies to designated areas and to the lands, buildings, structures, and materials, therein and not otherwise.
Unless he obtains from the authority a permit for the purpose in the prescribed form, no person shall
(a) deposit, or cause to be deposited, or authorize any person to deposit, in a designated area any material that would, or might, or would have a tendency to, have the effect of restricting or impeding the flow of water in a river or stream in the designated area; or
(b) deposit, or cause to be deposited, or authorize any person to deposit, in a designated area any material that would, or might, or would have a tendency to, have the effect of
(i) endangering the stability of any part of the bank of a river or stream in the designated area; or
(ii) causing any part of the banks of such a river or stream to slip into the channel thereof; or
(c) construct, or cause to be constructed, or authorize any person to construct, on land in a designated area a building or structure that would, or might, or would have a tendency to, have the effect of
(i) endangering the stability of any part of the bank of a river or stream in the designated area; or
(ii) causing any part of the banks of such a river or stream to slip into the channel thereof.
If doubt arises in any case as to whether
(a) the deposit of any material in a designated area; or
(b) the construction of any building or structure on land in a designated area;
would, or might, or would have a tendency to, have any one or more of the effects mentioned in clauses 1(a), (b), and (c), the authority may decide the matter, and the authority shall embody its decision in a written order setting forth the terms thereof.
The authority may make regulations applicable either generally, or in any part of a designated area, or to any particular case, specifying or describing materials that must not be deposited in a designated area, or buildings or structures that must not be constructed on lands in a designated area.
Any person who, without a permit from the authority in the prescribed form,
(a) deposits, or causes to be deposited, or authorizes any person to deposit, in a designated area any material; or
(b) constructs, or causes to be constructed, or authorizes any person to construct, on lands in a designated area any building or structure;
specified or described in a regulation made under subsection (1), is guilty of a breach of subsection 3(1).
Where the authority is of the opinion, or suspects, that any person has committed, is committing, or is about to commit, a breach of subsection 3(1) it may, by written order specifying the particulars of the breach or alleged breach, direct him to desist or refrain therefrom on or after a date stated in the order, and, if in the opinion of the authority the case so requires, to remedy the breach, before a date stated in the order, by removal of any material deposited or building or structure erected contrary to this Act, and directing the manner in which the order is to be carried out.
Where the authority, pursuant to subsection (1), orders any person to remove material deposited or a building or structure erected contrary to this Act, and the person refuses, neglects, or fails, to comply with the order, any municipality of which the whole or any part is included in the designated area to which, or part of which, the order relates, may do, or cause to be done, all things necessary to carry out the order; and the costs thereby incurred are a debt payable to the municipality by the person to whom the order is directed.
If a person by whom a debt is payable to a municipality as provided in subsection (2) does not pay the debt forthwith on demand, the municipality may recover it by action against him in a court of competent jurisdiction.
Any member, employee, or agent of the authority who has reasonable cause to believe that a breach of subsection 3(1) has been, is being, or is about to be, committed by any person, may enter upon any land, or into any building or structure, situated in a designated area for the purpose of ascertaining the facts or enforcing any provision of this Act.
Compliance with any provision of this Part may be enforced by injunction or mandamus on the application of any municipality of which the whole or any part is included in the designated area in respect of which compliance with the provision is sought to be enforced.
Any person who considers himself aggrieved by an order or decision of the authority or by the refusal of the authority to grant a permit, may appeal therefrom to the minister; and his decision thereon is final and conclusive.
Before making his decision on an appeal, the minister may refer the matter to an advisory board of professional engineers appointed for the purpose by the Lieutenant Governor in Council, for their opinion and recommendation; but the minister is not bound to follow the recommendation.
During the period that an appeal is pending the appellant is not liable to any penalty fixed on a daily basis to which he would otherwise be liable for failure to comply with an order of the authority, unless, in the case of an order requiring the deposit of material or construction work to cease, he continues to disobey the order during that period.
The authority may request the municipal engineer of any municipality or any other officer of the municipality to assist it by making an examination of, and a report on, the conditions within that part of any designated area that lies within the municipality and the person so requested shall make the examination and report in so far as he is able to do so without neglecting his duties to the municipality.
For the purpose of carrying out and enforcing this Act, the Lieutenant Governor in Council may appoint, for each designated area, an authority which shall consist of not less than three members; and each authority so appointed shall be known and described as: "The Rivers and Streams Protection Authority No. xxx". (Whatever number is given to the designated area for which the authority is appointed shall be inserted where hereinbefore indicated).
The Lieutenant Governor in Council shall not appoint a person to an authority unless that appointment is approved by a resolution of a majority of the councils of the municipalities of which the whole or part is or will be included in the designated area for which the authority has been or is to be appointed.
The appointment of each member of the authority takes effect from the date of the order in council making it unless another date is fixed therein; and, unless he sooner resigns or is removed from office and unless a shorter term is fixed in the order appointing him, each member holds office for three years from the date on which his appointment takes effect, and thereafter until his successor is appointed.
Where a member of the authority ceases to be a member prior to the expiration of his term of office, any person appointed to fill the vacancy so created, unless he sooner resigns or is removed from office and unless a shorter term is fixed in the order appointing him, holds office for the remainder of the term of office of the person in whose place he is appointed, and thereafter until his successor is appointed.
A member of the authority whose term of office has expired is eligible for re-appointment.
The Lieutenant Governor in Council shall appoint a chairperson and a vice-chairperson of the authority from among the members thereof and, unless he sooner resigns or is removed from office, the chairperson and the vice-chairperson each continues in his respective office until he ceases to be a member of the authority or until such earlier date as may be fixed in the order appointing him.
The vice-chairperson shall act as chairperson during the absence or illness of the chairperson, or at any time when, for any other reason, the chairperson is unable to act, or at any time at the request of the chairperson or of the minister.
A majority of the members of the authority when present at a meeting thereof constitute a quorum.
The authority shall meet at the call of the chairperson or the vice-chairperson or at the request of the minister.
Every person who commits a breach of any provision of this Act, contravenes, or disobeys, or refuses, omits, neglects, or fails to observe, an order of the authority, is guilty of an offence and is liable, on summary conviction,
(a) if an individual, to a fine not exceeding $100. and to imprisonment for a term not exceeding one month, or to both; and
(b) if a corporation, to a fine not exceeding $500.
Every person who disobeys an order of the authority requiring him
(a) on and after a date stated in the order to desist or refrain from the commission of a breach of subsection 3(1) of section 22; or
(b) before a date stated in the order, to remove any material deposited or building or structure erected contrary to this Act;
is guilty of an offence, and in addition to all other penalties to which he is liable, is liable to a penalty of $25. for each day that his disobedience of the order continues after the date stated in the order.
For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith and every regulation or order made pursuant to, 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 and orders,
(a) prescribing the form of any permit, order, or other document, required or deemed to be advisable for use in carrying out this Act;
(b) prescribing such other details of administration as are necessary to enforce, and ensure the proper carrying out of, this Act; and
(c) prescribing a tariff or fees that may be charged by any authority in respect of applications made to the authorities or permits issued by the authorities or both such applications and such permits.
A municipality of which the whole or any part is included in a designated area is liable for damage or loss caused to any person by reason of the negligence of the authority in the exercise or purported exercise, within that municipality, of any power, or in the discharge or purported discharge, within that municipality, of any duty, vested in or charged upon it under this Act.
Neither the authority appointed for a designated area, nor any member of the authority, nor any one acting under the instructions of the authority or under the authority of this Act or of regulations made pursuant to this Act is personally liable for any loss or damage suffered by any person by reason of anything in good faith done or omitted to be done, by it or him pursuant to, or in the exercise or supposed exercise of, powers given to it or him by this Act or the regulations.
Salaries, wages, or other remuneration, paid to a member of an advisory board appointed under subsection 7(2), or to any other person appointed by the Lieutenant Governor in Council for the purposes of this Act, except members of an authority, is a charge on, and shall be paid out of, the Consolidated Fund.
Salaries or other remuneration, if any, payable to members of an authority or to any person appointed to assist an authority, and all expenses incurred by an authority in exercising its powers or discharging its duties under this Act, are chargeable to, and payable by, the municipalities of which the whole or any part is included in the designated area for which the authority is appointed; and are payable by each of those municipalities in such proportions as may be agreed by them.