The Dyking Authority Act

The Dyking Authority Act, C.C.S.M. c. D110 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Municipal responsibility for dykes and pumping stations 3 Authority and control over pumping stations 4 Powers of municipality to acquire land 5 Authority and control over dykes 6 Compliance with orders of minister and commissioner 7 Powers of commissioner 8 Charging of costs of works to municipality 9 Appointment of commissioner 10 Enforcement of payment of debt 11 Regulations 12 Relief from liability 13 Annual report of commissioner HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1 In this Act, "commissioner" means The Dyking Commissioner appointed under section 9; (« commissaire ») "department" means the department of government over which the minister presides and through which this Act is administered; (« ministère ») "dykes" means the dykes and other works in connection therewith whenever constructed including such dykes and works as have been or may be, by order of the commissioner, constructed after April 2, 1952, or incorporated in the line of defence; (« digues ») "line of defence" means any area the use of which is necessary or desirable, in the opinion of the commissioner, for the construction of an integrated system of flood control works for the defence of the municipality against flood conditions of the Red River, the Assiniboine River, or the Seine River; (« ligne de protection ») "minister" means the minister designated under The Water Resources Administration Act as minister under that Act; (« ministre ») "municipality" means the City of Winnipeg; (« municipalité ») "pump" means a pump and ancillary equipment installed in a pumping station; (« pompe ») "pumping station" means a place whenever constructed in connection with the construction of the dykes including a place that has been or may be constructed after April 2, 1952, on the order, or with the approval, of the commissioner for the purpose of housing pumping machinery installed for the protection of property in the municipality during periods of flood in the Red River, the Assiniboine River, or the Seine River. (« poste de pompage ») S.M. 2008, c. 42, s. 27 . Municipal responsibility for dykes and pumping stations 2 The municipality shall, at its own cost, inspect and maintain the dykes and the grounds appurtenant to the pumping stations and keep them in repair, and shall be responsible for the cost of inspecting, maintaining, and operating, the pumping stations and pumps. Authority and control over pumping stations 3 Subject to the direction and supervision of the commissioner, full authority and control over the pumping stations and the pumps, and of the land on which the pumping stations are situated, is vested in the municipality in every way as if the municipality were the owner of an estate in fee simple in that land, including power to maintain the pumping stations and the pumps and keep them in repair and, as need may arise, to operate the pumps. Powers of municipality to acquire land 4(1) The municipality, in addition to the powers vested in it by its charter and without restricting the generality of any such powers, may acquire by purchase or lease or agreement the land on which the dykes in the municipality, or any part thereof, are situated or any right of way or easement in or over, or any interest in, any such land; and for that purpose, but subject to The Expropriation Act and The Arbitration Act , may enter into and upon, take, and expropriate, any such land upon payment of due compensation therefor. Increase of height of dykes 4(2) For the protection of the municipality or any part thereof from flood, but subject to the prior approval of the commissioner, the municipality may increase the height of the dykes or any part thereof. Authority and control over dykes 5 Subject to the direction and supervision of the commissioner, full authority and control over the dykes in the municipality and of the land on which they are situated, is vested in the municipality in every way as if the municipality were the owner of an estate in fee simple in that land, including power to maintain and repair the dykes and to allow or prohibit the entry of any person thereon. Compliance with orders of minister and commissioner 6 The municipality shall comply with any order or requisition of the minister or of the commissioner given under this Act. Powers of commissioner 7(1) The commissioner or any other person authorized by the commissioner in writing for the purpose may (a) enter upon and inspect any dyke or pumping station and any pump or other thing thereon or therein; (b) order the municipality to repair, replace, renew, alter, add to, improve, remove, or landscape, any dyke or any part thereof or anything used in connection therewith, as the commissioner may specify in the order; (c) order the municipality to repair, replace, renew, alter, improve, or remove, any pumping station or pump; (d) order the municipality to construct or install any work or thing that, in the commissioner's opinion, is necessary to protect the dykes or increase the efficiency thereof; (e) require the municipality to stockpile earth, gravel, sand, stone, lumber, or other material, that may be necessary for the maintenance or repair of dykes or for increasing the height thereof; (f) require the municipality to provide or reserve areas for the stockpiling of anything mentioned in clause (e), and borrow-pits from which earth, gravel, sand, or stone, required for the dykes or for stockpiling may be removed; (g) order the municipality to place gates, of such kind as the commissioner may designate, in any sewer or drain in the municipality; (h) order the municipality to close the entrances to, or outlets from, any sewer or drain that empties into the Red River, the Assiniboine River or the Seine River; (i) order the municipality to install and operate temporary pumping equipment on any sewer or drain in the municipality; and (j) as may be necessary in the commissioner's opinion for the safety or maintenance of the dykes, pumping stations, or pumps, or any part thereof, retain the services or obtain the advice of engineers, contractors, builders, accountants, or other professional persons or persons expert in any occupation, business, or activity. Location of line of defence 7(2) The commissioner may establish the location of the line of defence. Certain construction prohibited 7(3) During any period that may be designated by order of the Lieutenant Governor in Council no person shall, within any area designated in the order, construct any works for protection against flood conditions of the Red River, the Assiniboine River, or the Seine River, except with the written permission of the commissioner. Charging of costs of works to municipality 8(1) Where the municipality fails to carry out, to the satisfaction of the commissioner, any order lawfully given by the commissioner, the commissioner may cause the order to be carried out and any work to be done that is necessary for that purpose; and they shall charge the costs thereof to the municipality, and those costs shall be a debt due to the government by the municipality. Charging of costs for services and advice to municipality 8(2) Where the commissioner retains services or obtains advice under clause 7(1)⁠(j), the commissioner shall charge the costs thereby incurred to the municipality and the costs so charged shall be a debt due to the government. Payment in first instance from Consolidated Fund 8(3) Subject to subsections (1) and (2), the costs of doing any work ordered by the commissioner under subsection (1), or the costs of services retained or advice obtained under clause 7(1)⁠(j), shall, in the first instance, on the requisition of the minister accompanied by proper vouchers therefor, be paid by the Minister of Finance from the Consolidated Fund without other legislative authority therefor than this subsection. Appointment of commissioner 9 The Lieutenant Governor in Council may appoint a member of the department to supervise, subject to the direction of the minister, the administration of this Act; and the person so appointed shall be known as: "The Dyking Commissioner", and the person so appointed has the powers and shall discharge the duties vested in, or charged on, them by this Act. S.M. 2001, c. 43, s. 6 ; S.M. 2008, c. 42, s. 27 . Enforcement of payment of debt 10 Where the municipality fails to pay on demand, or on a date fixed by the minister, any debt due by it to the government under this Act, (a) the Minister of Finance may retain the whole or any part thereof from any amount due, or that, after the coming into force of this Act, becomes due to the municipality by the government under any Act of the Legislature, and may apply the moneys so retained on account of, or in discharge of, the debt and charge them to the municipality as an amount paid under the Act under which they became payable; or (b) the Minister of Local Government, upon order of the Lieutenant Governor in Council, shall collect the amount of any debt by levies made under The Municipal Affairs Administration Act , and shall pay to the Minister of Finance, the moneys so collected; or (c) the minister, upon behalf of His Majesty, may recover the amount of the debt by action against the municipality in the Court of King's Bench. S.M. 1993, c. 48, s. 58 ; S.M. 2000, c. 35, s. 35 ; S.M. 2004, c. 42, s. 66 ; S.M. 2008, c. 42, s. 27 ; S.M. 2010, c. 33, s. 77 . Regulations 11 For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made pursuant to, and in accordance with, the authority granted by this section shall have the force of law. Relief from liability 12 No person doing any act that, under this Act or regulations the person is required or authorized to do, if the person acts in good faith and in a reasonable manner, shall be personally liable in respect of damage caused to any other person by reason of any action taken under this Act or the regulations, or by reason of interference with the other person's rights. Annual report of commissioner 13 The commissioner shall, before April 1 in each year, make to the minister a report on the administration and carrying out of the provisions of this Act during the year ending on December 31 next preceding the making of the report, and on the condition of the dykes, pumping stations, and pumps, and their sufficiency for the purposes for which they were constructed or installed.