.png){kind=small}
REPEALED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 C
THE GREATER WINNIPEG WATER DISTRICT ACT
Note: This re-enactment of parts of The Greater Winnipeg Water District Act is solely for the purposes of The City of Winnipeg Act: subsection 554(2) refers to portions of The Metropolitan Winnipeg Act, which in turn refers to this Act in several provisions.
The Greater Winnipeg Water District Act, R.S.M. 1954, chapter 107, was repealed by The Metropolitan Winnipeg Act, S.M. 1960, chapter 40, section 211.
This Act may be cited as "The Greater Winnipeg Water District Act".
In this Act,
"board" means the administration board of the corporation; (« conseil »)
"commissioner" means a member of the board of commissioners; (« commissaire »)
"corporation" means Greater Winnipeg Water District as heretofore incorporated and established, and as continued under this Act; (« corporation »)
"land" does not include buildings or improvements; (« terres »)
"municipality" includes a rural municipality, a city incorporated by special charter or otherwise, a town, village and suburban municipality or any part thereof, and, where the context requires, includes the area comprised in a municipality; (« municipalité »)
"waterworks" means the works, lands, plant, property, goods, chattels and equipment of the corporation whereby it achieves or gives effect to, or attains, its objects or exercises its powers as set out in this Act. (« installations de distribution d'eau »)
The corporation has all the rights, and is subject to all the liabilities, of a corporation; and especially may acquire, hold, and alienate both real and personal estate for all its purposes, and by the same name it and its sucessors shall have perpetual succession, and it may sue and be sued in all courts and in all actions, causes and suits at law and in equity.
The corporation shall
(a) have a common seal with power to alter and modify it;
(b) be in law capable
(i) of receiving by donation, acquiring, holding, disposing of, and conveying property, real or movable, for the use of the corporation, and
(ii) of becoming a party to any contract or agreement in the management of the affairs of the corporation.
The corporation may design, construct, build, purchase, improve, add to, extend, hold and generally maintain, manage and conduct waterworks and all buildings, matters, machinery and appliances therewith connected or necessary thereto, including plants and equipment considered necessary for furnishing power for the operation of the waterworks.
The corporation may construct, acquire, maintain and operate, a railway or tramway, to be operated by steam, electricity, gasoline or other motive power, with all required motive power, rolling stock and other appliances, matters or things required for the construction, maintenance and operation of a railway or tramway.
Any such railway or tramway shall run from a point in or near the City of Winnipeg and in a general easterly and south-easterly course to a point at or near the eastern boundary of the province.
Agreements respecting running rights
The corporation may enter into agreements
(a) to give to a person, firm, corporation or municipality, operation privileges or running rights over the whole or a portion of any such railway or tramway;
(b) to obtain, from a person, firm, corporation or municipality, operation privileges or running rights over a portion or portions of a railway owned or operated by the person, firm, corporation or municipality.
The corporation may acquire, construct, maintain and operate branch lines or spur tracks, not exceeding 10 miles in length, from any point or points on its railway or tramway; and for that purpose the corporation has the same rights, powers and authorities, and shall make to the proprietors of any land taken for that purpose, compensation in the same manner as if the branch line or spur track were part of the main line.
Management of land and power to sue
The corporation shall have full, entire and exclusive possession, control and management of the said land, undertakings and waterworks, and all things appertaining to them, and may prosecute or defend an action, suit or process at law or in equity, against or by a person
(a) for money due for the use of water;
(b) for the breach of a contract, expressed or implied, touching the execution or management of the works or the distribution of the water, or of a promise or contract made to or with the person;
(c) for any injury, damage, trespass, nuisance or other wrongful act done, omitted or suffered to the land, works, water courses, sources of water supply, pipes, machinery or apparatus belonging to or connected with any part of the works; or
(d) for an improper use or waste of the water.
The corporation may acquire, by purchase, lease or otherwise, timber berths or leases, and quarrying leases and quarries, from Her Majesty in right of Manitoba or from any other person, firm or corporation; and the corporation may hold, own, and operate them, and sell, transfer, assign, lease or sublet them.
The corporation may generally do all things necessary to attain its objects and to carry on its affairs.
Application of Corporations Act
To the extent they are applicable, the corporation shall possess the incidental and ancillary objects, purposes and powers set out in Form "D" of The Companies Act.
The objects of the corporation shall be the supplying of water from any permanent source, whether inside or outside the province, for the use of the inhabitants of the district and others, for all purposes.
Operation outside the province
The corporation may extend its operations and exercise its powers outside the limits of the province, subject to its obtaining any legal rights that may be required therefor from Her Majesty in right of Canada or in right of any other province, or from the Parliament of Canada or the Legislature of any other province or from any other legal authority.
EXPROPRIATION POWERS
The corporation may, through its agents, servants and workers, at such times as it sees fit, enter into and upon the lands of a person, body politic, collegiate or corporation, and survey, set out, and ascertain such parts as it may require for the objects, undertakings, purposes or requirements of the corporation, or for the purpose of waterworks, or for the purpose of conveying electric motive force or other power for the operation thereof or for the purpose of a tramway or railway and their maintenance and operation, and may take, use, acquire, expropriate and hold any such land, and may also divert and appropriate any spring, stream or body of water on the land as it shall judge suitable and proper.
Notwithstanding anything contained in this Act or The Expropriation Act, the corporation may enter upon, take and use any land required by it, at any time either before or after the commencement of expropriation proceedings as provided in this Act.
The corporation shall pay to the owners or occupiers of the land entered upon, taken and acquired and held under subections (1) and (2), and to persons having an interest or right in the water diverted or appropriated, reasonable compensation for land or any privilege that may be required for the purposes of the waterworks, or for the conveying of electric motive force or power, or for the tramway or railway and maintenance and operation of them.
In case of a dispute between the corporation and the owner or occupier of any such land, or any person having an interest in any such water of the natural flow of water, or in any such privilege, respecting the value thereof, or as to the damages the expropriation causes or will cause to them, or otherwise, the dispute shall be decided by arbitration and the corporation shall have the rights and be subject to the obligations applicable to a municipal corporation as provided in The Expropriation Act.
An appeal lies to The Court of Appeal for Manitoba in the manner provided by The Arbitration Act from an award, order or direction made, or purporting to be made by an arbitrator.
Arbitration proceedings not to delay
The progress of the works or undertakings of the corporation shall not be hindered, enjoined or delayed in any way, or by a court, on account of a pending arbitration or dispute or disagreement as to damages or value regarding any privilege, water or land entered upon or taken for the purpose of the undertakings authorized by this Act.
Powers to construct pipe lines, etc.
The corporation may construct, erect, and maintain, in and upon any land taken or acquired by it, all such reservoirs, dams, conduits, water-works and machinery and plant and equipment of every kind, requisite for its undertakings, and may convey the waters in, upon, or through any of the grounds and lands lying intermediate between the reservoirs and waterworks of the district and the springs, streams, rivers or lakes, from which they are procured, by one or more lines of pipes or conduits, as may from time to time be found necessary.
For better carrying out and accomplishing the objects, undertakings and requirements of the corporation and for better effecting the above purposes, the corporation, its agents, servants and employees may
(a) enter and pass upon and over the grounds and lands intermediate, as referred to in subsection (1), and dig up, repair or cut them, if necessary;
(b) lay down the pipes and install the plant and equipment through them and in, upon, over, under and through the highways, railway, roads, and in, through, over or under the public ways, streets, street railways, lanes or other passages in the district and in, upon, through, over or under, the land, grounds, and premises of a person, body corporate, politic or collegiate;
(c) set out, ascertain, use and occupy, such part thereof as the corporation considers necessary and proper
(i) for the making, draining and maintaining of the works, plant and equipment;
(ii) for the protection of them;
(iii) for preserving the purity of the water supply;
(iv) for taking up, removing, altering or repairing the works, plant and equipment; or
(v) subject to this Act, for distributing water to the inhabitants of the district or for the use of the district or any part of it or of the proprietors or occupiers of land within five miles of a pipeline of the corporation;
(d) for those purposes, sink and lay down pipes, trunks, reservoirs and other conveniences; and
(e) alter any of the works, plant and equipment, as well in the position as in their construction, as to the board seems necessary.
The corporation shall do as little damage as may be in the execution of the powers granted to it under this Act, and shall make reasonable and adequate satisfaction to the proprietors, which in case of disagreement is to be ascertained by arbitration, as set out in this Act.
Power to use streets and highways
Without diminishing the rights of the corporation granted by this Act, the corporation shall have free right of way in or under road allowances, highways, streets and lanes for the construction and maintenance of the pipe lines of the corporation, and for plant and equipment used for the purposes of that construction or maintenance.
No compensation or damages shall be due or payable by the corporation to a person, firm, corporation or municipality for or on account of the use or occupation by the corporation of a road allowance, highway, street or lane for the purposes of construction of a main conduit of the corporation or a direct main therefrom to a municipality, or for or on account of the permanent use or occupation by the corporation of a road allowance, highway, street or lane for the purpose of construction of a main conduit of the corporation or a direct main therefrom to a municipality, or for or on account of the permanent use or occupation by the corporation of a road allowance, highway, street or lane as a right-of-way for the main conduit of the corporation or for a direct main therefrom to a
municipality; but the corporation shall replace, repair or make adequate compensation for any works of any municipality on, in or under any such road allowance, highway, street or land that may be dug up, removed, displaced or damaged by the corporation by the construction of a main conduit of direct main; and the amount of any such repair, replacement or compensation shall be ascertained in case of disagreement by arbitration, as set out in this Act.
Indemnification of municipalities
If a municipality is held liable for damages, arising from anything done or omitted to be done by the corporation, by a court of competent jurisdiction in an action to which the corporation is a party, the corporation shall indemnify and save harmless the municipality therefrom, including any costs incurred by the municipality in regard to the action.
The commissioners, and a person authorized by the board of commissioners for the purpose, may have free access at proper hours of the day, and on reasonable notice given and request made for that purpose, to all parts of a building or premises into which water is delivered, whether by the board of commissioners or a municipality and, at the same hour with like notice, may enter into and upon the land and buildings of a person or corporation for the purpose of erecting water meters, and for the purpose of inspecting or altering meters.
All material procured or partially procured under contract with the corporation, and on which the corporation has made advances in accordance with the contract, shall be exempt from seizure under execution.
Approval to scheme of water supply
No scheme of water supply shall be adopted, or contract for the purchase of land or proceedings toward the acquisition of land entered into, and no construction of any works or purchase of plant or machinery shall be undertaken by the corporation without the direction and approval of the board.
Except for emergent repairs, no contract shall be made for any work or for the supply of goods or material, the value or price of which is to exceed the sum of $2,000. unless the board, by notice published at least seven days before making the contract, calls for tenders, to be sent to the board, for the performance of the work or the supply of the goods or material, at prices to be named by the tenderer.
All tenders received shall be considered before the contract is made.
Subject to The Public Health Act and regulations made under that Act, the corporation may introduce fluorides into the water supplied to the municipalities comprised within the district.
WATER DISTRICT
When a municipality, other than the Town of Transcona, has a daily consumption of 200,000 gallons or over, it may, be resolution of its council, request the board to construct a main from the nearest convenient point in the main conduit to the boundary of the municipality, and the corporation shall forthwith construct the main; and half of the amount required annually to pay the portion of the expenditure of the corporation for the construction, that consists of interest and payment into a sinking fund or repayment of principal, shall be borne by the land in the municipality taxable under this Act, and shall be added to, and form part of, the levy to be made on the land, and the other half shall be borne and paid by the corporation.
Construction of pumping stations
A municipality requesting the construction of a main under subsection (1) may erect, at or near the point in the main conduit where the connection is made, the necessary machinery to increase the pressure at the expense of the municipality; and may for that purpose, use and occupy any land of the corporation adjacent to the point where the main leaves the main conduit,
subject to the requirements of the corporation; and the municipality may also enter upon, take, purchase or expropriate land required, other than the land of the corporation, as if the land were situated within the municipality.
The Town of Transcona may erect, at or near the point in the main conduit where the connection for the supply of its water service is made, the necessary machinery to increase the pressure, at the expense of the municipality, and may, for that purpose, use and occupy any land of the corporation adjacent to the point where the main leaves the main conduit, subject to the requirements of the corporation; and the Town of Transcona may also enter upon, take, purchase or expropriate land required, other than land of the corporation, as if the land were situated within the town.
Duty of Winnipeg and St.Boniface
With a view to avoiding the cost of direct mains from the conduits of the corporation to the following municipalities, the cities of Winnipeg and St. Boniface shall respectively assume the duty of delivering and, by means of their respective present or future mains and works of sufficient capacity, shall convey and deliver the full amount of water required by the respective municipalities from time to time:
(a) as to the City of Winnipeg, at the respective boundaries of the rural municipalities of St. James, East Kildonan, West Kildonan and Fort Garry, and the Town of Tuxedo;
(b) as to The City of St. Boniface, at the boundary of the Rural Municipality of St. Vital.
Rate chargeable for delivery of water
Water shall be conveyed and delivered under subsection (1), by the cities of Winnipeg and St. Boniface not under pressure, and at the rate of five cents per 1,000 gallons or such lesser rate as may be agreed upon by the cities, or either of them, and the corporation from time to time.
Delivery after change of boundaries
If the boundary of a municipality is changed in such a manner that part of the land included within the district and also situated within the municipality is in one municipality and a part in another municipality, the municipality within which is situated the land included within the district lying nearest to the main conduit of the corporation shall assume the duty of delivering and, by means of its respective present of future mains or works of sufficient capacity, shall convey and deliver the full amount of water required by the municipality or municipalities in which the part of the land forming part of the district lying further from the main conduit is situated from time to time, at the respective boundaries of the last mentioned municipalities.
Rate chargeable for water delivery
Water shall be conveyed and delivered under subsection (1), not under pressure and at the rate of five cents per 1,000 gallons, or such lesser rate as may be agreed on, for the conveying and delivering.
Rate as a liability of corporation
The rate mentioned in subsection (2) shall be paid by the corporation and shall be a liability and disbursement of and by the corporation as part of the cost of maintenance, operation and management of the undertaking.
This section applies in the case of a change in the boundaries of a municipality made by, under, or by virtue of an Act of the Legislature.
Where a municipality refuses to take from the corporation the water necessary for its purposes within its limits, if the corporation is ready to supply the water, the municipality shall pay to the corporation the loss resulting from the refusal, and in the case of disagreement, the amount shall be fixed by The Public Utility Board.
Where corporation not to supply water
The corporation shall not sell or dispose of water within a part of a municipality that may be receiving or ready to receive water from the corporation other than to that municipality, unless the municipality consents to it; but in case of an emergency, the corporation may sell or dispose of water in any part of such a municipality that is not included in the district.
Where municipality not to supply
No municipality shall supply, sell or dispose of water received by it, directly or indirectly, from the corporation, to any part of a municipality that is not within the district; or to any other land or premises not within the district, except with the consent of, and under the terms of an agreement with, the corporation; but on the giving of such a consent and the making of such an agreement, any of the municipalities may so supply, sell and dispose of the water.
Special powers for supply of water
Notwithstanding anything in this Act, the corporation may sell, supply and deliver water to a person, firm or corporation outside the district at a price that may be agreed upon and, for the purpose of supplying and delivering the water, the corporation shall have, and may use and exercise all powers conferred on it by this Act, both inside and outside the district.
Use of system of other municipalities
For the purposes mentioned in subsection (1), the corporation may use the water distribution system of a municipality so far as it extends or is required, on terms to be agreed on between the corporation and the municipality or, in case of disagreement, on terms to be determined by The Public Utility Board on application to the board by a party to the disagreement.
If, in the exercise of its powers by the corporation for the purposes mentioned in this section, a disagreement arises between the corporation and a municipality as to whether the corporation shall construct and use its pipe lines or the distribution system of the municipality, or partly the one and partly the other, the disagreement shall be determined by The Public Utility Board on application to the board by a party to the disagreement.
Notwithstanding any other provision of this Act, the board may, by resolution, at any time it considers necessary or advisable, restrict the use of water, either inside or outside the district, in such manner, and for such period of time, as it sees fit; and the board may, by resolution, delegate its powers under this section to the commissioners.
Where an action or suit is brought against a person or the corporation for anything done under this Act. or for indemnity for damage or injury sustained by reason of, or caused by, or arising from, the construction, existence, maintenance or operation of the waterworks or of any of the properties, works, plants, equipment or appliances of the corporation, it shall be brought within the six calendar months after the cause of action arises or, if there is a continuation of damages, within one year after the original cause of action arises.
SCHEDULE D
Repealed.
S.M. 1991-92, c. 52, s. 5; M.R. 25/92; M.R. 143/92; M.R. 120/97; S.M. 1997, c. 34, s. 28.
| Sections: 1 - 81.16 | 82 - 161 | 162 - 280 | 281 - 392.1 | 393 - 469 | 470 - 520 | 521 - 573 | 574 - 688 Schedules: A | B | C |