as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. W50
The Water Commission Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"commission" means The Manitoba Water Commission continued under this Act; ("Commission")
"minister" means the member of the Executive Council who is charged by the Lieutenant Governor in Council with the administration of this Act; ("ministre")
"works" means works as defined in The Water Rights Act ("ouvrages").
The Manitoba Water Commission is continued.
The commission shall be composed of not more than five persons appointed by the Lieutenant Governor in Council, one of whom may be a member of the assembly or a member of the Executive Council, or both.
The Lieutenant Governor in Council shall appoint one of the persons appointed under subsection (1) as chairman of the commission.
Subject to subsection (4), each member of the commission shall hold office for such term as may be fixed by the Lieutenant Governor in Council and thereafter until a successor is appointed.
Where a member of the commission is a member of the assembly, he does not cease to be a member of the commission by reason only of the dissolution of the assembly; but he shall cease to be a member of the commission if he is not a member of the assembly on the first day of the next succeeding assembly.
Each member of the commission shall be paid such remuneration for his services as may be fixed by the Lieutenant Governor in Council and, in addition, may be paid such travelling and out-of-pocket expenses necessarily incurred by him in discharging his duties as a member of the commission as may be approved by the Minister of Finance.
Notwithstanding The Legislative Assembly Act, a member who is a member of the commission may accept salary or remuneration for his services as a member of the commission in accordance with the provisions of this Act; and he does not thereby cease to be a member of the assembly or become ineligible to be nominated for, or elected as, a member of the assembly or to sit or vote in the assembly, or incur any of the penalties imposed under The Legislative Assembly Act for sitting and voting as a member of the assembly.
Three members of the commission constitute a quorum for the purpose of transacting any business of the commission.
All hearings of the commission shall be public; and a party to a matter before the commission may be represented by counsel and may call witnesses, submit evidence, and present argument.
The commission may make rules governing its procedure.
Subject to subsection (2), for the purpose of carrying out its duties and functions, the commission has the protection and powers and is subject to the like requirements, as are conferred on, or required of, commissioners appointed under Part V of The Manitoba Evidence Act.
Section 93 of The Manitoba Evidence Act does not apply to the commission, and no notice of appointment, of the purpose and scope of an inquiry that is to be made by the commission, or of the time and place of holding the first meeting of the commission need be published as required under section 86 of that Act.
The commission may study projects, problems, and schemes relating in any way to water that may be referred to it by the minister, and may report and make recommendations to the minister on these matters designed to secure the maximum benefits to the province from the use, allocation, and conservation of water.
For the purposes of any study under subsection (1), the commission may receive and gather information through
(a) consulting such engineers, technicians, experts or other persons including employees of the government, or such publications or other sources; or
(b) subject to subsection 3(8), conducting such hearings and thereat examining such witnesses including employees of the government; or
(c) such other means or methods;
as the commission deems advisable, and any engineer, technician, expert or person consulted under clause (a) or any witness examined under clause (b) may, if he is not an employee of the government, be paid such remuneration for his services as may be fixed by the Lieutenant Governor in Council.
Subject to the approval of the minister, the commission may appoint a secretary and such other employees as it considers necessary for the carrying out of its purposes.
To assist the commission, the government may, with the consent of the minister of the department concerned, on request from the commission, make available to the commission such officers and employees of any department as may be required for the conduct of the business of the commission.
All moneys required to be expended for the purpose of this Act shall be paid out of the Consolidated Fund with moneys authorized by an Act of the Legislature to be paid and applied for such purposes.
For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations as are ancillary thereto and are not inconsistent therewith; and every regulation made under, 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
(a) prescribing forms for use under this Act;
(b) prescribing fees payable under this Act;
(c) respecting any other matter or thing necessary for the carrying out and enforcement of this Act.