Act to amend the Watershed Conservation Districts Act (Chapter 92)

C HAP T E R 92 BILL No.4T An .o.AtilliAdlaa'aoIWAtershed Conservation Districts Act. [Assented to May e, 1!J631 HER MAJESTY, by and with the advice and consent of the. Legislative Assembly of Manitoba, enacts as follows: .~ Sec. ~ amended. '1. Section 2 of The Watershed Conservation Districts Act, being chapter 70 of The Statutes of Manitoba, 1959 (Second Session), as amended by chapter 65 of The Statutes of Manitoba, 1961 (First Session), is further amended ( a) by adding thereto, immediatey after clause (b) there of, the following clause: '-""mmlttee," ( b1 )"committee" means the authority having duties and responsibilities in respect of a sub-district of the watershed conservation district and for the establish ment of which provision is made in sections 3 and 5; (b) by addin~ thereto. immodiatelv lifter <'1~l1"'e (~) ~.n.:. :hf' :'1;1''''' ·:11..t .'~.!'l~ ~... \ ;! : \"~:l·~,)-~ss::-~t..:r:: I .neans :.in ..hilll.i.ll.i..~~:·d~i\t: J~\l~iOll of a watershed conservation district, the provisions for which are set out under sections 3 and 5 or under section 7, and as it may be altered or consolidated from time to time, as herein provided; ( c) by adding thereto, immediately after the word "dis trict" where ,it·appears for the second time in the second line of clause (f) thereof, the words "a sub-district or a proposed sub-district,"; and ~ ( d) by adding thereto, immediately after the word "dis trict"":in the third line of clause (g) thereof, the words "a sub-district or proposed sub-district,". 2. Subsection (1) of section 3 of the Act is amended (a) by adding thereto, immediately after the word "lUll' tricts" in the second line thereof, the words "/tlH' 1II1hlll1t· tricts"; and Subeec. (2) or eec. 3 amended. ( b) by adding thereto, immediately after the word "board" in the third line thereof, the words "and each sub district, a committee". 3. Subsection (2) of section 3 of the Act is amended (a) by adding thereto, Immediately after the word "dis trict" in the first line thereof, the words "or sub-district"; 367 CAP. 92 WATERSHED CONSERVATION DISTRICTS 1963 ( b) by adding thereto, immediately after the word "dis trict" in the second line thereof, the words "or sub-district" ; and ( c) by adding thereto, immediately after the word "dis trict" in the last line thereof, the words "or sub-district". Sec. 5 amended. Establishment or sub-district. Sec. 6 amended. sec. 7 amended. 4. Section 5 of the Act, as amended by chapter 82 of the Statutes of Manitoba, 1960, is further amended (a) by adding thereto, immediately after subsection (1) thereof, the following subsection: ( 1A) The Lieutenant-Governor-in-Council may, on the recommendation of the commission, divide a dis trict into sub-districts.; ( b ) by adding thereto, immediately after the word "dis trict" in the first line of subsection ( 2) thereof, the words "or sub-district" ; and ( c) by adding thereto, immediately after the word "dis trict" in the first line of subsection (3) thereof, the words "or sub-district". S. Section 6 of the Act is amended ( a) by striking out the figure II ( 1 )" in the first line there of; ( b) by striking out the word "wards" in the first line of clause (b) thereof and substituting therefor the word "sub districts"; ( c) by striking out all the words immediately after the word "divided" in the second line of clause (b) thereof; and ( d) by repealing subsection (2) thereof. 6. Section 7 of the Act is amended ( a) by adding thereto, immediately after the word "dis trict" in clause (a) of subsection (1) thereof, the words "or sub-district" ; ~ (b) by adding thereto, immediately after clause ( b ) of subsection ( 1 ) thereof, the following clause: ( bl) consolidate any two or more sub-districts, di vide any sub-district into two or more sub-districts, or abolish any sub-district; ( c) by adding thereto, immediately after the word "dis trict" in the first line of subsection (4) thereof, the words "or sub-district"; and ( d) by adding thereto, immediately after the word "dis trict" in the second line of subsection (4) thereof, the words "or sub-district, as the case may be,". ~~~. 8 ~e~~tal~ 7. Section 8 of the Act is repealed and the following section is su s I U • substituted therefor: D is trict board. 8. (1) there shall be a board for each district. ~~~~:.ers or ( 2) The board for a district shall consist of 368 1963 WATERSHED CONSERVATION DISTRICTS CAP. 92 Sub-distrlct committee. Chairman of sub-district ....ommittee. .\ppointment of members of Bub-district co m m ittee. llembers to be resident ratepayers. ~ot1ce of appointment to minister. Tenn of office of board members. Flnlt committee. t . .:'hainnsn of board to act as chairman orcommittee. Appointment by minister on failure of municipality. ( a) one member appointed from time to time by the Lieutenant-Governor-in-Council, who shall be the chair man of the board; ( b) the chairman of each sub-district committee; and ( c) if so determined by a resolution of a majority of all members appointed under clause ( a ) and clause ( b ), one additional member named in that resolution. ( 3) There shall be a committee for each sub-distri ct con sisting of two members appointed from time to time by the council of each area municipality included in a sub-district, only one of whom may be a member of a council of a munici pality. ( 4) Members of a committee appointed under subsection ( 3) shall by agreement select a chairman who shall serve as such until his successor is appointed. ( 5) Following receipt of notice from the min ister under subsection (3) of section 5, the council of an included munici pality shall, by resolution, appoint two members to a sub district committee, as provided in subsection ( 3). ( 6 ) Subject to subsection (11) , no person, except a chair man of a district board, shall be appointed unless he is a resident of a district and a ratepayer in respect of lands in a district. ( 7) The council of each included municipality shall, im mediately after the appointment by it of any person as a member of a sub-district committee, advise the minister in writing of the name of the appointee. ( 8) Each member of a board shall hold office for such period as 'is fixed by the regulations and thereafter until his successor is appointed, (9) A council of an included municipality appointing mem bers to a sub-district committee under this Act shall, in the case of the first committee, appoint ( a) one member for a term of one year, ( b) one member for a term of two years , and ( c) thereafter. one member each year for a term of two years. ( 10 ) Where the members of a sub-district committee ap pointed under this Act fail to appoint a chairman, the chair man of the district board shall convene a meeting, and act as chairman of the sub-district committee until a SUb-district committee chairman is appointed, ( 11) Where an included municipality fails to appoint any one or more of the members of the committee within sixty days after receipt of notice from the minister as provided in section 5, the minister, subj~ct to subsection ( 6), may appoint one or more persons as members of the board to fill the ~ or vacancies oecarring by reason of !.be !~2:rre ot 1l.....e :mm!..iCp.ility to zppo-:ntaszf~ 369 CAP. 92 WATERSHED CONSERVATION DISTRICTS 1%3 Idem. Chairman of more than one board. Subsec, (5) of sec. 12 a mended , Se c. H a mended, Power-s and duties ot sub-<listrlct committee. Strb-diatr-ict : committee to submit program to board for approval. etc. Approval. Determination of cos ts, 370 ( 12 ) Where the area of a municipality included in a dis trict or sub-district is for any reason of such a restrictive nature as to limit the abil ity of the municipality to appoint the members required under subsection ( 5 ) and where the municipality has so indicated, the min ister may. on the re commendation of the commission, appoint members who are not resident ratepayers within the district but who are resi dent ratepayers within the municipality so affected . ( 13) A person who is appointed chairman of a board shall be a member of the civil service of the province and may be appointed chairman or a member, or both . of any other board. or of the boards of all districts; and the person who is chairman of the board of maintenance trustees of one or more drainage maintenance districts under The Land Drainage Ar rangement Act may be the chairman of the board of one or more districts under this Act. S. Subsection ( 5) of section 12 of the Act is amended by strik ing out the words "maintenace trustee" in the fourth line thereof and substituting therefor the words "maintenance trustees". 1963 WATERSHED CONSERVATION DISTRICTS CAP. 92 Carrying out programs. Sub-cl. (i) of d. (g) of subsec, (l) of ~16 amended. Sub-cl, (iii) of cl, (g) of sub sec, (1) of sec. IS repealed and substItuted. Sec. 17 amended. the general operations of the board, and then fix the amounts to be levied by an included municipality in a sub-district. (2E) Annual programs for each sub-district approved by a board and the program for a district shall be carried out by the board through its agents and staff. 10. Sub-clause (i) of clause (g) of subsection (1) of section 16 is amended by adding thereto, immediately after the word "trees" in the first line thereof, the word "shrubs". 11. Sub-clause (iii) of clause (g) of subsection (1) of section 16 is repealed and the following sub-elause is substituted therefor: ( iii) the exclusion of animals from lands to prevent erosion or to maintain stability. 12. Section 17 of the Act, as amended by chapter 65 of the Statutes of Manitoba, 1961 (First Session), is further amended ( a) by adding thereto, immediately after the word "dis trict" in the fifth line of subsection (1) thereof, the words "and included sub-districts"; and Buis of determining contributions. Subsec. (3) of tJeC. %4 amended. Commencement o,f Act. ( b) by repealing subsection (4) thereof and substituting therefor the following subsection: ( 4) Upon the determination by a board of the amounts required under subsection (.1) and subsection ( 3) the board shall then determine the amounts pay able by a municipality as being (a) in respect of a sub-district program, an amount which bears the same ratio to the total . amount required for that sub-district program as . the assessed value of the lands of the municipality included in that sub-district bears to the assessed value of all of the lands in the sub-district; and ( b) in respect of a district program, an amount which bears the same ratio to the total amount required for that district program as the assessed value of the lands of the municipality included in that district bears to the assessed value of all of the lands in the district. 13. Subsection (3) of section 24 of the Act is amended by striking out the word "recipt" in the first line thereof and substitut ing therefor the word "receipt". 14. This Act comes into force on the day it receives the royal assent. WINNIPEG PrInted by R. s. EVA..--.S, Printer to Her Most Excellent Majesty 11163 371