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REPEALED
Date: January 1, 2003
S.M. 1989-90, c. 10
The City of Winnipeg Act
| Sections: 1 - 81.16 | 82 - 161 | 162 - 280 | 281 - 392.1 | 393 - 469 | 470 - 520 | 521 - 573 | 574 - 688 Schedules: A | B | C |
SCHEDULE A
THE METROPOLITAN WINNIPEG ACT
Note: This re-enactment of Parts VII and VIII of The Metropolitan Winnipeg Act, here renumbered as Parts 1 and 2, is solely for the purpose of The City of Winnipeg Act (see subsections 445(2) and 554(2)). The Metropolitan Winnipeg Act, S.M. 1960, chapter 40, was repealed by The City of Winnipeg Act, S.M. 1971, chapter 105, subsection 662(1).
In this Act,
"area municipality" means a municipality that lies wholly or partly within the metropolitan area; (« municipalité régionale »)
"corporation" means The Metropolitan Corporation of Greater Winnipeg; (« corporation »)
"council" has the same meaning as "metropolitan council"; (« conseil »)
"jurisdiction over" includes possession and control; (« compétence »)
"metropolitan council" means the council for the corporation; (« conseil de la conurbation »)
"work" includes buildings, walls, bridges, trestle work, dams, canals, locks, tunnels, subways, wharfs, piers, ferries, viaducts, aqueducts, embankments of streams, ditches, culverts, drains, sewers, vaults, mines, wells, roads, sidewalks, pathways, street railways, the towers, poles, lines and equipment of transportation or transit systems, harbours, docks, booms, excavations, and fabrics made, built, contructed, erected, extended, enlarged, repaired, improved, formed, or excavated by means or with the aid of human skill and human, animal or mechanical labour. (« ouvrages »)
METROPOLITAN WATERWORKS SYSTEM
For the purpose of supplying to area municipalities water for the use thereof and of the inhabitants thereof, the corporation has all the powers conferred on a municipality under The Municipal Act or any other general Act or conferred, for that purpose, on any area municipality under the charter of a city in the metropolitan area or other special Act, respecting the establishment, construction, maintenance, operation, improvement and extension of a waterworks system.
Corporation has powers of G.W.W.D.
Without restricting the generality of subsection (1), the corporation has all the powers and rights conferred, but except as herein stated, not the duties or responsibilities charged, upon the Greater Winnipeg Water District under The Greater Winnipeg Water District Act immediately before the repeal of that Act, and in particular and without restricting the generality of the foregoing, under sections 3 and 4 of that Act; and, for the purpose of conferring those powers and rights on the corporation, that Act shall to that extent and notwithstanding the repeal thereof, be deemed to be in force.
Assets and liabilities of G.W.W.D.
All the assets of Greater Winnipeg Water District are, at the time of the coming into force of this Part, transferred to and vested in the corporation, and all the liabilities of Greater Winnipeg Water District existing at that time are charged on the corporation.
Assumption of jurisdiction over works
The metropolitan council may pass by-laws, each of which shall be effective on the date stated in them, assuming as part of the metropolitan waterworks system jurisdiction over such works for the production, treatment and storage of water owned by any area municipality as are specified in the by-law and over such trunk distribution mains connected therewith as are so specified and, on the day any such by-law becomes effective, the works and mains specified therein are vested in the corporation.
A by-law under subsection (1) shall specify and describe the works and trunk distribution mains jurisdiction over which is assumed.
For the purpose of subsection (1), a distribution main shall be deemed to be a trunk distribution main if so declared in the by-law assuming jurisdiction over it.
Where the corporation assumes jurisdiction over a work or trunk distribution main vested in an area municipality
(a) no compensation is, or damages are, payable to the area municipality;
(b) the corporation shall thereafter pay to the area municipality, before the due date, all amounts of annual interest and principal instalments, or annual interest and sinking fund instalments, including sinking fund instalments, becoming due upon any outstanding debentures issued by the area municipality in respect of that work or main, or becoming due in repayment of monies otherwise borrowed in respect of that work or main, as the case may be, and also any monies payable as bank charges or for foreign exchange in respect of payments of interest and principal under any such debentures;
(c) if the monies otherwise borrowed to which reference is made in clause (b) were borrowed by way of bank loan or overdraft, on application of the corporation, The Municipal Board, if satisfied that the monies were so borrowed, may direct the corporation to pay to the area municipality the full amount of the debt and to issue debentures for that purpose, and for that purpose the due date shall be deemed to be the date on which the corporation assumed jurisdiction over the work or main, as the case may be;
(d) the corporation shall, in respect of the work or trunk distribution main over which it has assumed jurisdiction, have all the rights, powers, benefits and advantages conferred, and be subject to all liabilities imposed, either by statute, by-law, contract or otherwise on the area municipality that had jurisdiction over the work or trunk distribution main before the corporation assumed jurisdiction over it.
Where the corporation fails to make a payment as required by clause (4)(b), the area municipality may charge the corporation interest at the rate of 0.5% for each month or fraction of a month that the payment is overdue.
In the event of doubt as to whether any outstanding debenture or portion thereof was issued in respect of the work or trunk distribution main, jurisdiction over which is assumed, or whether other monies were borrowed in respect of that work or main, The Municipal Board, on application, may determine the matter, and its decision shall be final.
In this section, "works" means buildings, structures, plant, machinery, equipment and appurtenances, devices, conduits, intakes and outlets and underground construction and installations and other works designed for the production, treatment, and storage of water and includes lands appropriated for those purposes and uses, or any part of any things to which reference is made in this subsection.
For the purpose of this Part, pumping stations shall be deemed to be works for the production, treatment, and storage of water.
After the coming into force of this Part, no area municipality, except with the consent of the corporation, shall establish, enlarge, maintain, or operate any works for the production, treatment or storage of water.
Nothing in this section limits the powers of an area municipality respecting the use and distribution of water supplied to the area municipality by the corporation.
No municipality that is supplied with water by the corporation shall supply or agree to supply any of such water beyond the limits of the municipality without the approval of the metropolitan council.
Supply beyond boundaries required
The corporation may require an area municipality to supply water to an adjoining municipality or part of a municipality that is outside the metropolitan area if that municipality or part of a municipality is served by a water distribution system.
The municipality to which, or to part of which, water is supplied as required by the corporation under subsection (2) shall pay
(a) the cost of connecting its water distribution system to that of the area municipality, at the amount fixed therefor by the metropolitan council; and
(b) such price for the water delivered to its water distribution system as is fixed by the metropolitan council;
subject to an appeal to The Public Utilities Board in respect of the cost and price fixed by the metropolitan council; and the decision of The Public Utilities Board is final and binding.
The metropolitan council may pass by-laws for regulating the time, manner, extent and nature of the supply of water from its water works system, and every other matter or thing related to or connected therewith that it may be necessary and proper to regulate in order to secure to the inhabitants of the metropolitan area a continued and abundant supply of pure and wholesome water, and to prevent the practising of frauds on the corporation with regard to the water so supplied.
Without restricting the generality of subsection (1), the metropolitan council may pass by-laws regulating or restricting in any way, and generally or for any specified period, the quantity of water that may be used, or the manner in which, or purpose for which, water may be used by all or any part of the inhabitants of the metropolitan area.
The metropolitan council may pass by-laws for the maintenance and management of its waterworks system, and may also, by by-law or resolution, fix the charges to meet the cost of any work or service done or furnished for the purpose of the supply of water and the rent of, or charges for, fittings, apparatus, meters or other things leased or furnished to any area municipality or person.
The metropolitan council may pass by-laws fixing the rates at which water will be supplied to the area municipalities, and the times and places when and where the rates are payable.
In fixing the rates, the metropolitan council may use its discretion as to the rate or rates to be charged to any area municipality, and may charge different rates to the various area municipalities.
Subject to subsection (4) and to section 14, the metropolitan council shall so fix the rates at which water is supplied to the area municipalities that the revenues of the metropolitan waterworks system will be sufficient to make the system self-sustaining after providing for such maintenance, operation, renewals, depreciation, debt charges and reserves as the council may think proper.
Alteration of rates to pay costs
The metropolitan council may increase or decrease the rates as it deems necessary or advisable and, in order to pay the cost of the matters for which, under subsection (3), provision must be made, may include in any levy made under section 35 such amount, for that purpose, as it deems to be required.
Note: the above reference is to section 35 of the original Act.
The corporation shall supply water to the area municipalities but, subject to subsections (2) and (3), shall not supply water to any other person.
The corporation may enter into a contract for the supply of water to any municipality outside the metropolitan area for its use or for resale to the inhabitants thereof for any period not exceeding 20 years, and may renew any such contract from time to time for further periods not exceeding 20 years at any one time.
Contract for supply to corporation
Where, in the opinion of the metropolitan council, a corporation or person having a plant or establishment outside the metropolitan area requires for the regular supply of that plant or establishment, a quantity of water that justifies the corporation in making an agreement under this subsection for the supply thereof, the corporation may enter into a contract with that corporation or person for the supply of the water for a period not exceeding 20 years, and it may renew any such contract, as in the case of a contract made under subsection (2).
The corporation shall keep separate books and account of the revenues, expenditures, assets and liabilities of the metropolitan waterworks system.
Records of distribution systems
The corporation may require each area municipality to establish and maintain plans and records respecting its water distribution system, in such form, and containing such details, as may be prescribed by the corporation.
Notwithstanding any other Act of the Legislature, but subject to section 14, the revenues derived from the metropolitan waterworks system shall be applied only for,
(a) the reduction of any indebtedness assumed or incurred with respect to the system;
(b) the operation, maintenance, renewal, improvement or extension of the system; and
(c) the establishment of such reserve funds as the metropolitan council may deem proper, to be used at any future time for any purpose mentioned in clause (a) or (b) or for the stabilization of rates;
and any surplus revenues not required for those purposes shall remain credited to the metropolitan waterworks system accounts and shall not form part of the general funds of the corporation.
The corporation is not required to levy any rate to provide for principal, interest or other payments on account of any debentures issued or assumed by the corporation for the purpose of the metropolitan waterworks system, except to the extent that the revenues of the system, together with funds available from reserve or surplus accounts are insufficient to meet the annual payments falling due on account of principal and interest on the debentures.
The monies forming part of a reserve fund established under subsection (1) shall be paid into a special account and may be invested in securities in which a trustee may invest under The Trustee Act, and the earnings derived from the investment of any such monies shall form part of the reserve fund.
Subject to section 14, the monies forming part of a reserve fund established under subsection (1) shall be applied or expended only for the purpose of the metropolitan waterworks system.
Sewerage cost and waterworks revenue
Notwithstanding any other provision of this Act, the metropolitan council may by by-law provide that the whole or part of the cost of maintaining and operating the metropolitan sewage disposal system shall be met from the revenues or reserve funds in respect of the metropolitan waterworks system and shall be charged as part of the operating costs of the metropolitan waterworks system.
Subject to section 22, the corporation may sell, lease or otherwise dispose of any real or personal property acquired, held or used for or in connection with the metropolitan waterworks system that, in the opinion of the metropolitan council, is no longer required for the purpose of the metropolitan waterworks system; but where the property is actually used for the purpose of the metropolitan waterworks system, no such sale, lease or other disposition shall be made without the approval of The Municipal Board.
The proceeds of any such sale, lease, or other disposition shall be applied first in redemption and payment of any indebtedness assumed or incurred in respect of the property disposed of, and the balance shall form part of the revenues of the corporation in respect of the metropolitan waterworks system.
The corporation is not liable for damages caused by the shut-off or reduction of the amount of water supplied to an area municipality or any person in cases of emergency or breakdown or when it is necessary in maintaining or extending the system; but the metropolitan council shall, wherever possible, give an area municipality reasonable notice of intention to shut off or reduce the supply of water.
Where the supply of water by the corporation to an area municipality is interrupted or reduced, the area municipality may, notwithstanding anything in any contract, allocate and distribute its available water among its customers, and may interrupt or decrease the
delivery of water under any contract; and nothing done under this subsection shall be deemed to be a breach of contract, or entitle any person to rescind a contract, or release a guarantor from the performance of the guarantor's obligation.
Damages caused by quality of water
The corporation is not liable for damages caused by the quality or content of water supplied unless the water does not meet the accepted standards of purity as approved by the Minister of Health.
The corporation is not liable for damages caused by
(a) the breaking, by reason of accident, of
(i) a trunk distribution main;
(ii) any works, as defined in subsection 4(7), jurisdiction over which has been assumed by the corporation under section 4; or
(b) the necessity of making repairs to any such main or works.
Submission of plans to council
Each area municipality, prior to the construction of a local water distribution works, excluding services to premises, shall submit plans thereof to the metropolitan council, or to such officer of the corporation as the metropolitan council may designate, for approval.
Approval of extensions and connections
No area municipality or person shall connect or continue a connection of a local water distribution works, or any part thereof, to a work or main of the corporation without the approval of the metropolitan council.
By-law for establishing standards
After the enactment of a by-law to which reference is made in this subsection, no area municipality shall construct or extend any local water distribution works that are not in conformity with standards which may be established by by-law of the corporation incorporating the recommendations of the committee for the appointment of which provision is made in subsection 33(1).
The corporation may provide in any by-law enacted under subsection (3) for the inspection of any such local works.
An engineer or other officer of the corporation may, at all reasonable times, inspect the plans and specifications of any work to which reference is made in subsections (1) to (3) and may inspect the work during its construction and before it is connected with the metropolitan waterworks system.
Bringing local works into conformity
Where an area municipality refuses or neglects for a period of not less than six months to bring its local water distribution works into conformity with standards established under subsection (1), the corporation, after the expiry of that period and after giving at least six months' notice in writing to the area municipality requiring it to remedy the default, may cause to be done such work as is necessary to bring the local water distribution works into conformity with the prescribed standards, and may charge the cost of the work to the area municipality; and the amount charged is a debt due from the area municipality to the corporation and may be collected in any manner in which any other debt of an area municipality to the corporation may be collected.
Where the council of an area municipality considers itself aggrieved by the refusal of the corporation or the metropolitan council
(a) to assume jurisdiction over a local work as part of the metropolitan waterworks system;
(b) to construct an extension of the metropolitan distribution system;
(c) to maintain or increase the supply of water to the area municipality;
(d) to approve the construction or extension of any local water distribution works by the area municipality; or
(e) to permit the connection or the continuance of a connection to the metropolitan system;
the council may appeal to The Municipal Board, which may make such order as it deems advisable in the matter, and its decision shall be final.
All rates and charges against an area municipality imposed under the authority of this Part are a debt of the area municipality to the corporation; and the treasurer of an area municipality shall pay that debt to the treasurer of the corporation at the times, and in the amounts, specified by by-law of the metropolitan council.
The council may, by by-law, provide for uniform rates of discount for prompt payment of charges for water supplied to the area municipalities and may, by by-law, provide for the payment of interest in the event of default at a rate not exceeding 0.5%, for each month or fraction thereof that the default continues.
Transfer of rights over works assumed
The corporation has, in respect of all works and trunk distribution mains jurisdiction over which is assumed as part of the metropolitan waterworks system, all the rights, powers, benefits and advantages conferred, by by-law or contract or otherwise, upon the area municipality or area municipalities with respect to the works or mains before jurisdiction over them was assumed by the corporation; and the corporation may sue upon those rights, or under those by-laws or agreements, in the same manner and to the same extent as the area municipality or area municipalities might have done if jurisdiction over the works or mains was not assumed.
A person authorized for the purpose by the metropolitan council shall have free access, on reasonable notice given and request made, to all works for the production and distribution of water within an area municipality and to all lands, buildings and premises used in connection therewith; and the person shall have the right, on the like notice and request, to inspect and copy all plans, records and specifications and other information relating to the construction, extension or maintenance of any such local works.
Reversion where mains not required
Where
(a) jurisdiction over a distribution main that was constructed by an area municipality is assumed by the corporation under section 4;
(b) in the opinion of the metropolitan council, the distribution main is no longer required for the purpose of the metropolitan water works system; and
(c) in the opinion of the metropolitan council or of the council of the area municipality in which the distribution main is situated, or both, it is required as a local distribution main by the area municipality;
the metropolitan council shall, by by-law, remove the main from the metropolitan water works system and transfer it to the area municipality, and the area municipality shall thereupon be vested with jurisdiction over that main and be responsible for it.
A by-law to which subsection (1) refers shall specify and describe the distribution main to be removed from the metropolitan water works system and transferred to the area municipality.
Powers returned to municipalities
Where a distribution main is removed from the metropolitan water works system and transferred to an area municipality under subsection (1), the municipality to which the distribution main is transferred has, with respect to such distribution main, all the rights, powers, benefits and advantages conferred, and is subject to all the liabilities imposed, by statute, by-law, contract or otherwise on the corporation.
No compensation to corporation
Where a distribution main is transferred to an area municipality by by-law under subsection (1), no compensation is, or damages are, payable to the corporation.
Liability for debenture payments
Subject to subsections (6) and (7), where a main is transferred to an area municipality under subsection (1) and there are outstanding debentures issued by the municipality in respect of that work or distribution main, the corporation is not thereafter liable to pay to the area municipality any amount of principal and interest or sinking fund instalments becoming due in repayment of monies borrowed in respect of that work or distribution main, as the case may be.
Where a main transferred under subsection (1) is greater in size than is required by the area municipality as a local distribution main, the corporation may continue to pay to the area municipality before the due date such proportion of the amounts of principal and interest, including sinking fund instalments becoming due on any outstanding debenture issued by the area municipality in respect of that distribution main, as may be agreed on between the corporation and the area municipality.
Where the corporation and the area municipality cannot agree on the proportion of the amounts of principal and interest, including sinking fund instalments that should be paid under subsection (6), The Municipal Board, on application, may determine the matter and its decision shall be final and binding on the corporation and the area municipality.
The works and mains jurisdiction over which is assumed by the corporation under section 4, together with any extension thereof or addition thereto constructed by the corporation, may be used by the corporation for the purpose of supplying and distributing water to any or all of the area municipalities and, subject to subsections 10(2) and (3), to any municipality outside the metropolitan area.
Nothing in this Part or done under, or arising from the operation of, this Part limits, interferes with, or adversely alters or otherwise affects the rights of a person who is the owner of a debenture issued by Greater Winnipeg Water District; and notwithstanding any repeal of The Greater Winnipeg Water District Act enacted by this Act, all rights, powers and privileges of any such owner continue as if that Act were not repealed.
PART 2: METROPOLITAN SEWAGE DISPOSAL SYSTEM
DIVISION 1
In this Part,
"land drainage" means storm, surface, overflow, sub-surface, or seepage waters or other drainage from land, but does not include sewage; (« eaux d'écoulement »)
"metropolitan system" means the metropolitan sewage disposal system; (« réseau de la conurbation »)
"pumping well" means any chamber, manhole or other structure used for the installation of portable or temporary pumping equipment; (« puits de pompages »)
"sewage" means domestic sewage or industrial wastes, or both; (« eaux usées »)
"sewage works" means an integral system consisting of a sewer or sewer system and treatment works; (« station d'épuration des eaux d'égout »)
"sewer" means a public sewer for common usage for the purpose of carrying away sewage or land drainage, or both; (« égout »)
"sewer system" means a system of two or more interconnected sewers having one or more common discharge outlets and includes pumping plant, force mains, siphons and other like works; (« réseau d'égout »)
"treatment works" means buildings, structures, plant, machinery, equipment, devices, intakes and outfalls or outlets and other works designed for the interception, collection, settling, treating, dispersing, disposing or discharging of sewage or land drainage, or both, and includes land appropriated for such purposes and uses; (« stations de traitement de l'eau »)
"work" means a sewer, sewer system, sewage works or treatment works. (« ouvrage »)
For the purpose of this Part, a sewer, sewer system or sewage works, whether existing or proposed, shall be deemed to be a trunk sewer, trunk sewer system or trunk sewage works, if so declared by by-law of the metropolitan council.
For the purpose of collecting or receiving sewage and land drainage into the metropolitan system either from an area municipality or, by agreement, from any other municipality, and the treatment and disposal thereof, the corporation has all the powers conferred by any general Act upon a municipal corporation and by any special Act upon an area municipality, and in particular and without restricting the generality of the foregoing, may construct, maintain, improve, repair, widen, alter, divert and stop up trunk sewers, trunk sewer systems, trunk sewage works and treatment works, and the corporation shall be deemed always to have had this power.
Without restricting the generality of subsection (1), the corporation has all the powers and rights conferred but, except as herein stated, not the duties or responsibilities charged, upon Greater Winnipeg Sanitary District under The Greater Winnipeg Sanitary District Act immediately before the repeal of that Act, and in particular and without restricting the generality of the foregoing, under sections 3 to 6 and 9 of that Act; and, for the purpose of conferring those powers and rights on the corporation, that Act shall, to that extent and notwithstanding its repeal, be deemed to be in force, and the corporation shall be deemed always to have had these powers.
Notwithstanding anything contained in this Act or in The Expropriation Act, the corporation may enter upon, take and use any land required by it under this Part, at any time, either before or after the commencement of expropriation proceedings as hereinafter provided.
Assets and liabilities of G.W.S.D.
All the assets of Greater Winnipeg Sanitary District are, at the time of the coming into force of this Part, transferred to, and vested in, the corporation, and all the liabilities of Greater Winnipeg Sanitary District existing at that time are charged on the corporation.
Jurisdiction over treatment works
The metropolitan council may pass by-laws, each of which shall be effective on the date stated therein, assuming, as part of the metropolitan sewage disposal system, jurisdiction over such treatment works owned by any area municipality as are specified in the by-law and, on the day any such by-law becomes effective, the treatment works specified therein are vested in the corporation.
The metropolitan council may pass by-laws, each of which shall be effective on the date stated therein, for assuming jurisdiction over such trunk sewers, trunk sewer systems, flood pumping stations, pumping wells or control gates, owned by any area municipality as are specified in the by-law; and on the day any such by-law becomes effective, the works specified in the by-law are vested in the corporation.
A by-law under subsection (1) or (2) shall specify and describe the works jurisdiction over which is assumed.
Where the corporation assumes jurisdiction over a work vested in an area municipality,
(a) no compensation is, or damages are, payable to the area municipality;
(b) the corporation shall thereafter pay to the area municipality, before the due date, all amounts of annual interest and principal instalments, or annual interest and sinking fund instalments, including sinking fund instalments, becoming due on any outstanding debentures issued by the area municipality in respect of that work, or becoming due in repayment of monies otherwise borrowed in respect of that work, as the case may be, and also any monies payable as bank charges or for foreign exchange in respect of payment of interest and principal payable under any such debentures;
(c) if the monies otherwise borrowed to which reference is made in clause (b) were borrowed by way of bank loan or overdraft, on application by the corporation, The Municipal Board, if satisfied that the monies were so borrowed, may direct the corporation to pay to the area municipality the full amount of the debt and to issue debentures for that purpose, and for that purpose the due date shall be deemed to be the date on which the corporation assumed jurisdiction over the work; and
(d) the corporation shall, in respect of a work over which it has assumed jurisdiction, have all the rights, powers, benefits and advantages conferred, and be subject to all liabilities imposed, either by statute, by-law, contract or otherwise on the area municipality that had assumed jurisdiction over the work before the corporation assumed jurisdiction over it.
Where the corporation fails to make any payments as required by clause (4)(b), the area municipality may charge the corporation interest at the rate of 0.5% for each month or fraction of a month that the payment is overdue.
In the event of any doubt as to whether any outstanding debenture or portion thereof was issued in respect to the work, jurisdiction over which is assumed, or whether other monies were borrowed in respect of that work, The Municipal Board, on application, may determine the matter and its decision shall be final.
After the coming into force of this Part, no area municipality shall establish, enlarge, maintain or operate a treatment works without the approval of the metropolitan council.
The metropolitan council may pass by-laws for the maintenance and management of the metropolitan sewage disposal system and regulating the manner, extent and nature of the reception into the metropolitan system and disposal of sewage and land drainage from the area municipalities and every other matter or thing related thereto or connected therewith.
Where, in the opinion of the metropolitan council, an area municipality or a portion thereof will or may derive a special benefit from the construction and operation of a work, the council may, with the approval of The Municipal Board, by by-law provide that the area municipality shall be chargeable with, and shall pay to the corporation, such portion of the capital cost thereof as is specified in the by-law; and the by-law shall be binding on the area municipality.
Where debentures are or have been issued for the cost of the work, the area municipality chargeable under the by-law shall make payments to the corporation with respect to the debentures proportionate to its share of the capital cost as set out in the by-law, in the same manner as if debentures for that share had been issued by the corporation for the purposes of the area municipality.
Raising of money by area municipality
The area municipality may pay the amounts chargeable to it under this section out of its general funds or, subject to the approval of The Municipal Board, may pass by-laws under Part VIII of The Municipal Act, or if it is a city, under any applicable provision of its charter, for imposing sewer rates to recover the whole or part of the amount chargeable to the area municipality in the same manner as if the work were being, or had been, constructed, extended or improved by the area municipality.
For the purpose of recovering a portion of the capital cost of the metropolitan sewage disposal system as that cost may exist from time to time, the metropolitan council may, by by-law, impose on any person, firm or corporation applying for a permit to construct or enlarge a building, and who applies to connect directly to either a municipal sewer or to the metropolitan sewage disposal system, a connection charge or charges payable by a sum of money to the corporation.
By-law on methods and procedures
In a by-law passed under this section, the metropolitan council shall set forth
(a) methods of calculating the charges imposed by the by-law, which may vary in accordance with the occupancy, use, size or other characteristic of the building in respect of which the charge is made; and
(b) methods and procedures for collecting the charges imposed by the by-law.
The council shall, after the first and before the second reading of a by-law being enacted under this section, give public notice
(a) that on a day, and at a time and place, stated in the notice, a hearing will be held at which all persons desiring to make representations against, or in respect of, the by-law or any part thereof will be heard; and
(b) stating that a copy of the by-law may be inspected by any person at a place, and at times, stated in the notice.
The notice mentioned in subsection (3) shall be given by publishing a copy thereof in at least two newspapers having a general circulation in the metropolitan area once each week for at least two weeks before the hearing.
On the day, and at the time and place stated in the notice, the council shall sit and hear any person who appears and desires to make representations either on the person's own behalf or on behalf of another.
The council may hear all representations on the same day or, if it thinks it advisable, adjourn from time to time until all representations are heard; and if the hearing of representations is adjourned, the council may subsequently sit and hear the representations at such time and place as it may decide.
On completion of the hearing, the council shall decide on the action to be taken and may without further notice give second reading to the by-law or amend the by-law and thereupon give second reading to the by-law.
Forthwith after giving second reading to the by-law, the council shall forward a copy of the by-law to The Municipal Board and shall not give third reading to, or finally pass, it until The Municipal Board approves it.
Forthwith after forwarding a copy of the by-law to The Municipal Board under subsection (8), the council shall cause the notice to be sent by registered mail to all persons who made representations under subsection (5), stating that
(a) council has given second reading to the by-law;
(b) a copy of the by-law has been forwarded to The Municipal Board for its approval; and
(c) any person who has made a representation under subsection (5) may file an objection to the by-law in writing with The Municipal Board on or before a date specified in the notice.
The date specified in the notice mentioned in subsection (9) shall be at least 14 days after the date on which the notice is mailed.
Where no written objection to the by-law is received by The Municipal Board on or before the date specified in the notice given under subsection (9), The Municipal Board may by its order approve the by-law.
Approval where no representations
Where no person appears at the hearing of council held under subsection (5) to make representations in respect of the by-law, The Municipal Board, forthwith on receiving the by-law, may by its order approve the by-law.
Where The Municipal Board receives an objection to the by-law on or before the date specified in the notice given under subsection (9), it shall
(a) fix a date, time, and place for the hearing of the objection;
(b) give not less than 14 days' notice thereof, in writing, to the person objecting and to the corporation, and such notice as it considers adequate to any other person whom it deems should receive notice thereof;
(c) on the date, and at the time and place stated in the notice, sit and hear any person who appears and desires to make representations on the person's own behalf, or on behalf of another, in the matter; and
(d) give a decision making such order in the matter as it deems proper, and the order is final and binding on all persons and not subject to appeal.
Corporation may be represented
Any person authorized by the council for that purpose may appear before The Municipal Board at all hearings concerning the objection, and has the rights of a party to the objection to submit evidence and present argument.
By-law to conform with decision
Where the decision of The Municipal Board with respect to an objection is that the by-law should be amended, the council shall cause the by-law to be amended to conform with the decision of The Municipal Board.
Board decision on amended by-law
Where The Municipal Board is satisfied that the amended by-law conforms with its decision, it may issue an order to that effect; and if The Municipal Board is not satisfied that the by-law conforms with its decision, it may refer the amended by-law back to the council for such further amendment as is necessary to make the by-law conform with its decision.
Where The Municipal Board issues an order under subsection (16), its decision is final and binding on all persons and is not subject to appeal.
The connection charge imposed under a by-law enacted under this section is a special charge over and above all other rates and charges.
Purpose for which money to be used
The monies received by the corporation as connection charges under a by-law enacted under this section shall be used for the purposes mentioned in subsection (1) and not otherwise.
A by-law enacted under this section does not apply to, or impose any charge in respect of, applications for connection where there is in existence a private waste disposal system serving the property that has been approved either by the corporation or by some other public authority, prior to the coming into force of this section.
Connecting to metropolitan system
No municipality or person shall connect any local work, local watercourse, private drain or private sewer to the metropolitan system without the approval of the metropolitan council and no area municipality shall, after the enactment of a by-law to which reference is made in this subsection, construct any work that is not in conformity with standards that may be established, by by-law of the metropolitan council, incorporating the recommendations of a committee of five engineers appointed by the council, of whom three shall be representative of the area municipalities and two shall be representative of the corporation.
Agreements with other municipalities
The corporation may enter into a contract with any municipality outside the metropolitan area to receive and dispose of sewage and land drainage from the municipality, on such terms and conditions as may be agreed upon, for any period not exceeding 20 years; and it may renew any such contract for further periods not exceeding 20 years at any one time.
Where a person or corporation has a plant or establishment outside the metropolitan area and, in view of the volume of the sewage from that plant or establishment, it is, in the opinion of the council, necessary or advisable that the plant or establishment should be connected to the metropolitan system, the corporation may enter into a contract with that person or corporation to receive and dispose of sewage from the plant or establishment for a period not exceeding 20 years; and it may renew any such contract as in the case of a contract made under subsection (2).
Any engineer or other officer of the corporation may, at all reasonable times, inspect the plans and specifications of any work to which reference is made in subsection 33(1) or in section 35, and may inspect the work during its construction and before it is connected with the metropolitan system.
The metropolitan council may pass by-laws establishing standards for, and regulating and governing the design, construction and maintenance of, local works connected or to be connected, to the metropolitan system, and every area municipality shall conform to any such by-law.
No area municipality shall, without the approval of the metropolitan councilenlarge, extend or alter any local work or watercourse that discharges into the metropolitan system.
Where the council of an area municipality considers itself aggrieved by the refusal of the corporation or the metropolitan council,
(a) to assume jurisdiction over any local work as part of the metropolitan system;
(b) to construct, extend or improve any part of the metropolitan system;
(c) to receive any required volume of sewage or land drainage from the area municipality;
(d) to approve the construction, alteration, improvement or extension of a local work; or
(e) to permit a connection, or the continuance of a connection to the metropolitan system;
the municipal council may appeal to The Municipal Board which may make such order as it deems advisable in the matter, and its decision shall be final.
Subject to section 14, the metropolitan council may, by by-law, in each year apportion among the area municipalities from which, or from any part of which, sewage or land drainage is received into the metropolitan sewage disposal system, in such proportions as the council, in its absolute discretion, deems reasonable, the annual cost of maintaining and operating the metropolitan system, including the amount required that year to
be paid in respect of the debt incurred on account thereof, together with such further and other amounts as are payable by each area municipality for back payments under any agreement respecting back payments made between the area municipality and Greater Winnipeg Sanitary District that is in force on the coming into force of this Part.
Excess of revenues or expenditures
Any excess of revenues over expenditures in any year may be used to provide a reserve for any of the lawful purposes of the system; and any excess of expenditures over revenues in any year may be charged to existing reserves, and any excess not so charged shall be provided for in the next annual levy to be made.
Levying of cost in annual levy
Notwithstanding subsection (1), the council may, by by-law, provide that all or any part of the annual cost of maintaining and operating the metropolitan sewage disposal system, but not including other amounts payable under an agreement to which reference is made in subsection (1), may be included in the amount for which an annual levy is made under section 35.
Note: the above reference is to section 35 of the original Act.
Amount is debt of municipality
An amount apportioned to an area municipality under subsection (1) constitutes a debt of the area municipality to the corporation and is payable at such times, and in such amounts, as may be specified by by-law of the metropolitan council.
Notwithstanding the repeal of The Greater Winnipeg Sanitary District Act enacted by this Act, section 7 (regulating discharge) of that Act applies, with such modifications as the circumstances require, , to the corporation and the area municipalities and, in particular
(a) subject to clause (c), substituting the words "metropolitan area" for the word "district";
(b) interpreting the word "corporation" to mean the corporation established under this Act; and
(c) in clause (a), substituting the words "metropolitan area or additional zone" for the word "district", and interpreting that clause so that the part following "adjacent to the district" is not applicable under this Act.
Notwithstanding the repeal of The Greater Winnipeg Sanitary District Act enacted by this Act, section 13 of that Act applies, with such modifications as the circumstances require, to the corporation and the area municipalities and in particular
(a) interpreting the word "corporation" to mean the corporation established under this Act;
(b) interpreting the words "the board or any commissioner" to mean any member of the metropolitan council; and
(c) interpreting the words "this Act" to mean "this Part".
The corporation has, in respect of all works jurisdiction over which is assumed as part of the metropolitan sewage disposal system, all the rights, powers, benefits and advantages conferred either by by-law, contract or otherwise upon the area municipality or area municipalities or Greater Winnipeg Sanitary District, with respect to those works before jurisdiction over them was assumed by the corporation; and the corporation may sue upon those rights or under those by-laws or agreements in the manner, and to the same extent, as the area municipality or area municipalities or Greater Winnipeg Sanitary District might have done if jurisdiction over the works had not been assumed.
Any person authorized for the purpose by the metropolitan council shall have free access from time to time, upon reasonable notice given and request made to all works within an area municipality, whether privately owned or not, and to all lands, buildings and premises used in connection therewith and the right, upon the like notice and request, to inspect and copy all plans, records and specifications and other information relating to the construction, extension or maintenance of any such local works.
Any works, jurisdiction over which is assumed by the corporation under the authority of section 28, together with any extensions or additions thereto constructed by the corporation, may be used by the corporation for the purpose of receiving and disposing of sewage and land drainage from any or all of the area municipalities and, subject to subsection 33(2), from any municipality outside the metropolitan area.
Nothing in this Part or done under, or arising from the operation of, this Part limits, interferes with, or adversely alters or otherwise affects the rights of any person who is the owner of a debenture issued by Greater Winnipeg Sanitary District; and notwithstanding any repeal of The Greater Winnipeg Sanitary District Act enacted by this Act, all rights, powers and privileges of any such owner continue as if that Act had not been repealed.
Sewage from other municipalities
No municipality, the sewer system or sewage works of which is or are connected to the metropolitan system, shall receive, or agree to receive into its sewer system or sewage works any sewage from another municipality without the approval of the metropolitan council.
The corporation may require any area municipality to receive into the sewer system or sewage works operated by it sewage from any other area municipality.
Payment of cost of receiving sewage
A municipality from which sewage is received into the sewer system or sewage works of another area municipality as required by the corporation under subsection (2) shall pay
(a) the cost of connecting its sewer system or sewage works to that of the other area municipality, at the amount fixed therefor by the metropolitan council; and
(b) such sewage service rates in respect of the sewage received as are fixed by the metropolitan council;
subject to an appeal to The Public Utilities Board in respect of the cost and rates fixed by the metropolitan council; and the decision of The Public Utilities Board is final and binding.
Records of area municipalities
The corporation may require each area municipality system to establish and maintain plans and records respecting its sewer system or sewage works in such form, and containing such details, as may be prescribed by the corporation.
DIVISION 2
No person shall in the metropolitan area construct, install, excavate, have or use any building or other structure, plant, pit, tank, receptacle or other means, method, or system of receiving, treating or disposing of sewage without the approval of the metropolitan council.
Powers of corporation re pollution
The corporation has general supervision and control, in the metropolitan area and the additional zone, over all matters concerning the pollution of, or the discharge or draining of sewage or waste into, any body of water therein.
In the metropolitan area and the additional zone, the corporation has all the powers and authority that, under The Pollution of Waters Prevention Act, The Provincial Sanitary Control Commission has in respect of any other part of the province.
In the exercise of its powers under this Division, the corporation acts directly under the general control and direction of the Minister of Health and Public Welfare and, subject as herein provided, shall conform to the Minister's lawful directions and carry out the Minister's lawful instructions in respect of any matter to which this Division applies.
Prohibition re sewage and waste
Notwithstanding any other Act of the Legislature, without a subsisting licence from the corporation, no person, either directly or indirectly,
(a) shall discharge or drain, or cause or permit to be discharged or drained, any sewage into any body of water in the metropolitan area or the additional zone; or
(b) shall leave, deposit, or throw or permit or cause to be left, deposited or thrown, any manure, night soil, decayed or decaying matter or other sewage or the carcass or offal of any animal or fish or part thereof, or any lime, chemical substances, drugs, poisonous matter, garbage, refuse, cans, bottles, rubbish or any other filthy or impure matter of whatsoever kind, within two chains of the normal high water mark of any body of water or into the waters of, or upon the ice of, any body of water in the metropolitan area or the additional zone.
The licence to which reference is made in subsection (1) may be issued by a person appointed by the metropolitan council for that purpose, or by that person's deputy or assistant, if so provided by the council, on such terms and conditions as the council may, by by-law, prescribe.
Any person who violates clause 50(1)(a)is guilty of an offence; and each day's continuance of the act or default out of which the offence arises constitutes a separate offence.
The Pollution of Waters Prevention Act
Except as herein expressly otherwise provided, The Pollution of Waters Prevention Act does not apply in the metropolitan area or in the additional zone.
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