REPEALED
Date: January 1, 2003

S.M. 1989-90, c. 10

The City of Winnipeg Act

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SCHEDULE B

THE GREATER WINNIPEG SANITARY DISTRICT ACT

Note:  This re-enactment of parts of The Greater Winnipeg Sanitary District Act is solely for the purposes of The City of Winnipeg Act:  subsection 445(2) refers to portions of The Metropolitan Winnipeg Act, which in turn refers to this Act in several provisions.

The Greater Winnipeg Sanitary District Act, R.S.M. 1954, chapter 106, was repealed by The Metropolitan Winnipeg Act, 1960, chapter 40, section 211.

Short title

1

This Act may be cited as "The Greater Winnipeg Sanitary District Act".

Definitions

2

In this Act,

"board" means the administration board; (« conseil »)

"corporation" means Greater Winnipeg Sanitary District, constituted by this Act; (« corporation »)

"highway" means road, street, lane, thoroughfare or other means of communication dedicated to the public use, and includes a bridge, subway, pier, square or public place, and road improvements thereon dedicated to the public use; (« route »)

"land" includes land, messuages, tenements and hereditaments, corporeal or incorporeal, of every kind and description, whatever the estate or interest, whether legal or equitable; (« terres »)

"municipality" includes a rural municipality, a city incorporated by special charter or otherwise, a town, village and suburban municipality and, where the context requires, includes the area comprised in a municipality; (« municipalité »)

"person" includes a corporation aggregate or sole; (« personne »)

"river" includes a brook, lake, pond, creek, stream, waterway, water course or canal, or flowing water; (« cours d'eau »)

"sewage disposal system" or "sewage disposal works" or "system" or "works" or "undertaking" includes channels, drains, ditches, sewers, intercepting sewers, sewage treatment and disposal plants, pumping stations, outlets for carrying off, treating and disposing of drainage and sewage, ancillary electrical plants, and other works constructed, operated or maintained by the corporation, and all necessary machinery, appliances, plant and equipment; (« réseau d'évacuation des eaux d'égout », « installations d'évacuation des eaux usées », « usine », « réseau » ou « ouvrages »)

"sewered area" means land within the district for the serving of which municipal sewers, whether used or not, are from time to time available. (« région desservie »)

General powers of corporation

3

The corporation shall have all the rights, and be subject to all the liabilities, of a corporation that the common law ordinarily attaches to corporations incorporated by royal charter under the Great Seal and, without restricting the generality of the foregoing, may acquire, hold and alienate real and personal estate for its purposes and, by the same name, it and its successors shall have perpetual succession; and it may sue and be sued, implead and be impleaded, answer and be answered unto, in all courts and in

all actions, causes, suits and proceedings at law, and in equity; and it shall have a common seal, with power to alter and modify it at its will and pleasure; and it shall be in law capable of receiving by donation, acquiring, holding, disposing of and conveying any property, real or personal, for its use, and of becoming a party to a contract or agreement in the management of its affairs, and generally may do all things necessary to attain its objects and, to the extent they are applicable, shall possess the incidental and ancillary objects and purposes set out in form "D" in the schedule to The Companies Act.

OBJECTS AND POWERS OF CORPORATION

Objects of corporation

4

The general purpose and object of the corporation shall be to promote the public health and welfare by providing an adequate and efficient system and means of regulating, collecting, conveying, pumping, treating and disposing of, all domestic sewage and commercial and industrial wastes and their products within the district.

Powers of corporation

5

The corporation

(a) shall be responsible for the prevention of pollution of any body of water within the district and for the prohibition, regulation and control of the discharge of sewage or waste into sewers within the district or into any body of water within the district;

(b) may, by order, require a person or municipality within the district who or which is polluting a body of water within the district, or discharging or draining sewage or waste into a sewer within the district, or into a body of water within the district, to abate, control, discontinue or stop the polluting, discharging or drainage;

(c) may grant licences to persons or municipalities within the district, for such period of time as the corporation may determine, and subject to such conditions and restrictions as it may prescribe, permitting the discharge or drainage or sewage or waste into any sewers within the dsitrict, or into any body of water within the district, and may cancel, revoke or suspend a licence at any time, for any reason that to the corporation may seem fit;

(d) may extend an existing interceptor sewer in the district conveying untreated sewage and waste to the sewage disposal works of the corporation, to connect with sewers discharging untreated sewage or waste into a body of water within the district;

(e) in order to treat conveniently and economically sewage produced within the district, may, subject to subsection (2), construct one or more auxiliary treatment plants, which shall be operated, managed and maintained by the district and be situated either inside or outside the district;

(f) may construct sewage, screening and cutting stations on or in connection with sewage or waste outlets in the district that are permitted to discharge untreated sewage or waste into a body of water within the district, under a licence issued by the corporation.

Construction of sewage disposal system

6(1)

The corporation may within, or partly within and partly without, the district, design, construct, build, purchase, acquire, take over, improve, maintain, manage, operate and conduct a sewage disposal system or systems and obtain sites for, lay out, establish, construct, operate and maintain, and provide for the laying out, establishing, constructing, operating and maintaining of sewage disposal works.

Acquisition of sewage disposal system

6(2)

The corporation may acquire, take over, maintain, operate and conduct any sewage disposal system or systems within, or partly within and partly without, the district, designed, constructed and built wholly or partially by any governments or municipalities or by both, and may assume and take over any unpaid liabilities incurred in connection therewith, and may reimburse any government or municipality for moneys expended in and about such construction not made under regulations, agreements or legislation governing unemployment relief, and may reimburse any government or municipality for moneys advanced that, by the terms of an agreement between municipalities and any government or governments, require to be reimbursed.

Liabilities as capital

6(3)

The total of such liabilities and reimbursements shall be treated as capital costs by the corporation.

Regulation of discharge of wastes

7

The corporation may

(a) prohibit, regulate and control the discharge of sewage or factory or industrial wastes into sewers within or entering the district, or within the district into a river that flows through or adjacent to the district and, if so authorized by order of The Provincial Sanitary Control Commission, prohibit, regulate and control the discharge of sewage or factory or industrial wastes within a radius of 10 miles beyond the limits of the district into a river that flows through or adjacent to the district;

(b) prohibit, regulate and control the discharge into a sewer within or entering the district, or the discharge within the district into a river flowing through or adjacent to the district, by any person, whether within or without the district, of any sewage or factory or industrial wastes, and require the person to treat sewage and wastes at the point of origin, or to pay, in addition to rental charges hereunder, such annual or quarterly charges on account of the nature of the sewage or wastes as the corporation may from time to time consider just and equitable;

(c) prescribe and enforce regulations for the supervision, protection and management of the sewage disposal works as it may consider expedient;

(d) make, promulgate and enforce such regulations as are necessary to carry out the provisions of this Act according to their intent or to meet cases that may arise and for which no provision is made in this Act.

Power to alter existing sewers

8

The corporation may, having constructed or acquired a sewage disposal system, enter upon any land, within or without the district, make alterations, changes or modifications in the sewer system of a municipality within the district, and connect it with the sewage disposal system, all at the expense of the corporation; and it may require a municipality, under its supervision and according to its directions, to alter, change and modify the sewer system of the municipality, and to connect it with the sewage disposal system, all at the expense of the corporation.

Power to inspect

9

The corporation may enter into or upon any land, buildings or premises within the district to inspect any private sewage disposal plant, examine, test, sample or measure any sewers, sewer connection, sewage or wastes, water supply or water or plumbing fixtures or generally to acquire information requisite or expedient for the carrying out of its purposes, objects, powers, functions or duties, and a municipality within the district shall have the like powers within its territorial limits for the carrying out of its purposes, objects, powers, functions or duties under this Act.

Municipalities required to use system

10

The corporation having constructed or acquired a sewage disposal system, all municipalities within the district shall use the system in the disposition of the sewage and wastes collected by them when required by the corporation and in accordance with its regulations.

Sewer rentals

11

Each municipality within the district shall bill and collect moneys as sewer rentals from the owners or occupants of property within its territorial limits or within its sewered area, sufficient to meet its allocation and to make up a deficiency of sewer rentals in a previous period and to meet the costs and expenses of the billing and collecting of rentals in the manner prescribed by a by-law of the municipality or of the corporation affecting it, or both.

Limitation on actions

12

Where an action or suit is brought against a person or against the corporation or the board

(a) for anything done under this Act; or

(b) for indemnity for any damages or injury sustained by reason of, or caused by, or arising from, the construction, existence, maintenance or operation of any of the properties, works, plants, equipment or appliances of the corporation;

it shall be brought within six calendar months after the act committed, or the cause of action arising or, where there is a continuation of damage, within one year after the original commencement of the damage.

Action for nuisance

13

No action, proceeding or arbitration proceeding for damages, compensation or injunction on account of nuisance or anything in the nature of nuisance, or for injuriously affecting any property or interfering with the comfort of a person, shall be brought, instituted or commenced against the corporation or a member of the board or a commissioner, officer, servant or agent, by any person by reason of anything that is done by the corporation without negligence, and that is authorized or required under this Act to be done by the corporation.

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