The Water Resources Administration Act

The Water Resources Administration Act, C.C.S.M. c. W70 bilingual version (HTML) Table of Contents Section 1 Definitions 1.1 Purposes ADMINISTRATION 2 Administration of water control works 2.1 Repealed 3 Officers and employees 3.1 Delegation of authority 4 Costs and expenditures WATER CONTROL WORKS 5 Rights of minister re water control works 5.1 Operating guidelines for water control works 5.2 Considerations in approving operating guidelines 5.3 Advisory committees 6 Agreements for water control works 7 Repealed 8 Jurisdiction in unorganized territory ACQUISITION AND DISPOSITION OF PROPERTY 9 Acquisition and use of property 10 Selling land acquired for water control works 10.1 Minister may lease lands 10.2 Dealing with land under Crown Lands Act 10.3 Sale or lease of personal property 11 Closure or abandonment of works 12 Proceeds of sale of property COMPENSATION FOR ARTIFICIAL FLOOD DAMAGE 12.1 Claims for artificial flood damage and economic loss 12.2 Application for compensation 12.3 No claimant contribution 12.4 Appeals 12.5 Government to provide compensation 12.6 No duplication of compensation claims and proceedings 12.7 Report on occurrence of damage or loss due to artificial flooding PROVINCIAL WATERWAYS 13 Provincial waterways 14 Jurisdiction over provincial waterways 15 Repealed PROTECTION OF PROVINCIAL WATER INFRASTRUCTURE 15.1 Prohibited activities 15.2 Activities requiring permit 15.3 Application for permit 15.4 Suspension or cancellation of permit 15.5 Liability 15.6 Access restrictions to provincial water infrastructure DESIGNATED RESERVOIR AREAS 16 Designated reservoir areas DESIGNATED FLOOD AREAS 17 Designated flood areas ENFORCEMENT 17.1 Minister may designate enforcement officers 17.2 No obstruction of enforcement officers 17.3 Orders to repair or remove DYKED AREAS 18 Evacuation orders CONTRACTS 19 Power of minister re contracts 19.1 Duty to invite tenders 19.2 Preconditions for commencing work under contract GENERAL MATTERS 19.3 No false or misleading statements 19.4 Transfer of permit 20 Right of entry 21 Power to order delivery of documents 22 Repealed 23 Arbitration 24 Certified copies of documents 25 Repealed OFFENCES AND PENALTIES 25.1 Offences and penalties REGULATIONS 26 Regulations 27-29 Repealed C.C.S.M. REFERENCE 30 C.C.S.M. reference HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1 In this Act "artificial flooding" , in relation to a given event, means flooding of a water body (a) that is caused by the operation of a designated water control work, or the operation of a designated water control work and one or more other water control works, and (b) whereby the water body exceeds its unregulated level at the time of the event; (« inondation artificielle ») "construct" means plan, construct, alter, repair, reconstruct or improve; (« construire ») "damage" , in relation to eligible property, means that the property (a) is physically destroyed, or (b) due to submersion or physical damage, is rendered inoperable, less useful, less valuable, less productive or hazardous to human or animal health; (« dommages ») "designated dyking system" means a dyking system designated as such in the regulations; (« réseau de digues reconnu ») "designated flood area" means an area designated as such in the regulations; (« zone inondable reconnue ») "designated reservoir area" means an area designated as such in the regulations; (« zone réservoir reconnue ») "designated water control work" means (a) the Shellmouth Dam, or (b) any other water control work designated in the regulations for the purpose of this definition, not including the "floodway" as defined in The Red River Floodway Act insofar as it relates to "spring flooding" as defined in that Act; (« ouvrage d'aménagement hydraulique reconnu ») "dyked area" means an area described in the regulations as an area protected from flooding by a designated dyking system; (« zone endiguée ») "economic loss" means, subject to the regulations, (a) wages, salary or business income that a person loses because he or she cannot work or carry on business due to artificial flooding, and (b) extraordinary costs and expenses of working or carrying on business that a person incurs due to artificial flooding; (« perte économique ») "eligible property" means, subject to the regulations, property that conforms to the criteria set out in subsection 12.1(2); (« biens admissibles ») "floodproofing criteria" means terms and conditions, including specifications and standards of construction, prescribed in the regulations in respect of buildings, structures and erections, and any additions thereto or reconstruction thereof, within a designated flood area; (« critères de prévention des inondations ») . "local authority" means (a) a council, board or other governing body of a municipality, school district or school division, or of a watershed district established or continued under The Watershed Districts Act , (b) the resident administrator of a local government district incorporated under The Local Government Districts Act , and (c) the council of a community under The Northern Affairs Act ; (« autorité locale ») "minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre ») "operate" means operate, maintain, or control; (« exploiter ») "operating guidelines" means operating guidelines approved by the minister under section 5.1 for a water control work; (« directives en matière de fonctionnement ») "person" includes a local authority, a partnership and any other organization or entity; (« personne ») "provincial water infrastructure" means (a) a water control work under the jurisdiction and control of the minister, and (b) a provincial waterway, but does not include a water control work required to be licensed or registered under The Water Rights Act ; (« infrastructure hydraulique provinciale ») "provincial waterway" means a water control work, natural water channel, or lake that has been declared to be a provincial waterway under section 13; (« cours d'eau provincial ») "reservoir" means a body of water, whether on private or public lands, created as a result of the construction and maintenance of water control works and includes a river, stream, creek, water course, lake, or previously existing body of water, that is enlarged as a result of the construction and maintenance of a water control works; (« réservoir ») "Shellmouth Dam" means the land and structures described as such in the regulations, including, but not limited to, the dam, spillway, reservoir and riparian outlet; (« barrage Shellmouth ») "unregulated level" , in relation to artificial flooding, means the scientifically demonstrable level that would be expected in the water body at a given time (a) in the absence of the designated water control work, or (b) if specified by regulation in respect of the water body, in the absence of the designated water control work and one or more other specified water control works; (« niveau non régularisé ») "water control works" means works (a) for the conservation, control, disposal, protection, distribution, drainage, storage, or use, of water; or (b) for the protection of land or other property from damage by water, or for all or some of those purposes, and includes any other work necessary or convenient for the use, operation, or maintenance of a work to which subclause (a) or (b) applies or constructed or operated as a complement of such work. (« ouvrages d'aménagement hydraulique ») R.S.M. 1987 Supp., c. 33, s. 1 ; S.M. 2001, c. 43, s. 28 ; S.M. 2008, c. 28, s. 2 ; S.M. 2008, c. 42, s. 95 ; S.M. 2021, c. 29, s. 2 . Purposes 1.1 The purposes of this Act are (a) to govern the construction and operation of water control works by, or on behalf of, the government; (b) to establish a framework for the payment of compensation for damage caused by artificial flooding; (c) to provide for the designation of provincial waterways; (d) to protect provincial water infrastructure; (e) to control activities in designated reservoir areas and designated flood areas; and (f) to provide for the evacuation of dyked areas in the event of flood danger. S.M. 2021, c. 29, s. 3 . ADMINISTRATION 2(1) and (2) [Repealed] S.M. 2008, c. 42, s. 95 . Scope of administration 2(3) The minister, subject as hereinafter provided, shall manage and administer all those matters that are subject to the administration and control of the executive government of the province and that relate to the construction or operation of water control works or the management and administration of provincial waterways, and, in particular, those matters dealt with under the following Acts, or regulations made thereunder: (a) The Dyking Authority Act . (b) The Groundwater and Water Well Act . (c) [repealed] S.M. 2008, c. 42, s. 95 . (d) The Water Power Act . (e) The Water Rights Act . (f) The Water Supply Commissions Act . Responsibility of minister for works authorized or required by statute 2(4) Where under any of the Acts to which reference is made in subsection (3), or under any other Act of the Legislature or by virtue of the royal prerogative, the government is authorized or required to construct or operate any water control works (a) directly for the purposes of the Crown; or (b) as agent for any local authority or other authority established by statute; or (c) under an agreement made with the Government of Canada; the minister is responsible for constructing or operating (d) any such water control works that the government is required to construct or operate; and (e) on being duly authorized for the purpose, any such water control works that the government is authorized to construct or operate; and the direction and control thereof shall be carried out by the minister. S.M. 2001, c. 43, s. 28 ; S.M. 2008, c. 42, s. 95 ; S.M. 2012, c. 27, s. 92 ; S.M. 2021, c. 29, s. 5 . 2.1 [Repealed] S.M. 2004, c. 25, s. 22 ; S.M. 2005, c. 42, s. 40 ; S.M. 2008, c. 42, s. 95 ; S.M. 2009, c. 34, s. 15 ; S.M. 2015, c. 1, s. 11 ; S.M. 2021, c. 29, s. 6 . Officers and employees 3 Such officers and employees as may be deemed necessary for the purposes of this Act may be appointed under Part 3 of The Public Service Act . S.M. 2021, c. 11, s. 134 . Delegation of authority 3.1 The minister may, in writing, delegate to one or more employees of the department over which the minister presides any of the powers and duties conferred on the minister under this Act or the regulations, other than the powers and duties of the minister with respect to (a) operating guidelines under subsection 5.1(1); (b) advisory committees under subsection 5.3(1); (c) agreements with other governments under subsection 6(2); (d) public water control works in unorganized territories under section 8; (e) use of lands by local authorities under subsection 9(3); (f) dealing with land under The Crown Lands Act under section 10.2; (g) artificial flooding reports under section 12.7; (h) temporarily restricting access to provincial water infrastructure under subsection 15.6(2); (i) evacuation orders under subsection 18(1); and (j) requiring the delivery of plans, etc. under section 21. S.M. 2025, c. 11, s. 44 . Costs 4(1) All costs incurred in the administration of this Act, including the costs of acquiring land for and constructing and operating, water control works under this Act, shall be paid from and out of the Consolidated Fund with moneys authorized by an Act of the Legislature to be so paid and applied. Expenditure of appropriations made for water control 4(2) Where, under an Act of the Legislature, moneys are authorized to be paid and applied under the direction or control of any minister of the Crown for the purpose of constructing or operating, or constructing and operating, water control works, the moneys shall be paid and applied for that purpose under the direction and control of the minister under this Act. WATER CONTROL WORKS Rights of minister with respect to water control works 5 The minister may (a) construct or operate, or construct and operate, in any part of the province such water control works as he may deem necessary or expedient in the public interest; and (b) construct or operate, or construct and operate, any water control works on the request of, and as agent for, any local authority or other authority established by statute. Operating guidelines for water control works 5.1(1) The minister may approve operating guidelines for a water control work. Minister to have regard to operating guidelines 5.1(2) In operating a water control work for which operating guidelines have been approved, the minister must have regard to, but is not bound by, the guidelines. S.M. 2008, c. 28, s. 3 . Considerations in approving operating guidelines 5.2(1) Before approving operating guidelines for a water control work, the minister must consider (a) the purpose or the multiple purposes, as the case may be, that the water control work serves; (b) the effect that (i) operation of the water control work may have on the operation of other water control works, and (ii) operation of other water control works may have on the operation of the water control work; (c) the competing needs of persons affected by the water control work or its operation; and (d) an approved watershed management plan, as defined in The Water Protection Act , to the extent that the plan applies to the water control work. Included or other considerations 5.2(2) As part of, or in addition to, the matters to be considered under subsection (1), the minister may consider information related to (a) flood control; (b) water storage and supply needs; (c) drainage; (d) means of minimizing artificial flooding; (e) the protection and maintenance of fish and wildlife habitat and aquatic ecosystems; (f) recreational uses; (g) the effect that different climatological or hydrological conditions in the watershed may have on the operation of the water control work; (h) uncertainty in forecasting hydrological conditions; and (i) any other matter that the minister considers relevant. Public consultation in guideline development 5.2(3) Except in circumstances that the minister considers to be of an emergency nature, before approving operating guidelines under section 5.1, the minister must provide an opportunity for public consultation regarding the proposed guidelines. S.M. 2008, c. 28, s. 3 . Advisory committees 5.3(1) The minister may establish one or more advisory committees to provide advice to the minister about water control works. Role of advisory committee 5.3(2) An advisory committee is to provide advice to the minister in accordance with directions or terms of reference provided by the minister. S.M. 2008, c. 28, s. 3 . Agreements for water control works 6(1) The minister, on behalf of the government, may enter into an agreement with any person respecting (a) the construction, operation, maintenance or repair of a water control work by the government or the person, or jointly by them; and (b) the payment of any resulting costs, including how those costs are to be shared between the parties. The agreement may be entered into on any terms and conditions that the minister considers appropriate. Agreements with other governments 6(2) The minister, on behalf of the government, and subject to the approval of the Lieutenant Governor in Council, may enter into agreements with the Government of Canada, or any agency thereof, or the government of any other province or state, or any agency thereof, (a) relating to the making of investigations respecting water resources within or outside the province or respecting existing or proposed water control works within or outside the province, or relating to constructing, maintaining, altering, or operating water control works within or outside the province, or relating to any or all of those things; and (b) where required for paying to, or collecting from, the other party to the agreement all or a part of the cost of carrying out the agreement. S.M. 2021, c. 29, s. 8 . 7 [Repealed] S.M. 1993, c. 48, s. 108 ; S.M. 2000, c. 35, s. 85 ; S.M. 2004, c. 42, s. 88 ; S.M. 2008, c. 42, s. 95 ; S.M. 2010, c. 33, s. 89 ; S.M. 2021, c. 29, s. 9 . Public water control works in unorganized territory 8 Without restricting the generality of any other provision of this Act, the minister has jurisdiction and control over all water control works (a) that are in unorganized territory; (b) to which the jurisdiction of the Legislature extends; (c) that are not privately owned and operated; and (d) the jurisdiction and control over which is not vested in any local authority or other authority established by statute or in any other person, or for the jurisdiction and control over which no other provision is made; and the title to all property, real and personal, held and used for the purpose of such water control works is vested in the Crown in right of the province and is under the control of the minister who shall direct any work of construction or operation required in respect thereof. S.M. 2008, c. 42, s. 95 . ACQUISITION AND DISPOSITION OF PROPERTY Acquisition of real property 9(1) The minister, for and in the name of the Crown, may acquire by purchase, lease, expropriation, or otherwise, any real property that the minister deems necessary for constructing or operating any water control works. Acquisition of personal property 9(2) The minister, for and in the name of the Crown, may acquire by purchase, lease, or otherwise, any personal property that he deems necessary for constructing or operating any water control works. Use of lands by local authority 9(3) Lands acquired under subsection (1) may be used for constructing or operating water control works on behalf of the Crown or, if authorized by order of the Lieutenant Governor in Council, the minister, on behalf of the government, may (a) lease the lands to a local authority; or (b) give to a local authority a licence to use and occupy the lands; for the purpose of water control works, and subject to such terms and conditions as the minister may impose. S.M. 2021, c. 29, s. 11 . Selling land acquired for water control works 10(1) Despite The Crown Lands Act , the minister may sell or exchange real property or dispose of any interest in real property acquired or held for the purposes of this Act. Minister to set terms 10(2) The minister is to determine the price of every sale of real property and the terms and conditions of each sale, exchange or other disposition of real property. Required authorizations on land sales 10(3) The authorization requirements set out in section 6.3 of The Crown Lands Act apply, with necessary changes, to the sale or exchange of real property by the minister. S.M. 2021, c. 17, s. 35 . Minister may lease lands 10.1(1) The minister may lease real property acquired or held for the purposes of this Act. Minister to set terms 10.1(2) The minister is to determine the amounts payable for each lease of real property and the terms and conditions of each lease. Required authorization of certain leases 10.1(3) A lease of real property by the minister must be authorized by the Lieutenant Governor in Council if (a) the annual rental value of the real property, in the minister's opinion, exceeds an amount prescribed by regulation; or (b) the term of the lease exceeds a time period prescribed by regulation. S.M. 2021, c. 17, s. 35 . Dealing with land under Crown Lands Act 10.2 If the minister determines that any real property acquired or held for the purposes of this Act is no longer required, the minister may enter into an agreement with the minister responsible for the administration of The Crown Lands Act to have that real property controlled, managed or disposed of under that Act. S.M. 2021, c. 17, s. 35 . Sale or lease of personal property 10.3 The minister may sell or lease any personal property acquired for the purposes of this Act. Sections 10 and 10.1 apply, with necessary changes, to the sale or lease of the personal property. S.M. 2021, c. 17, s. 35 . Closing or abandoning water control works 11(1) Where (a) land the title to which is vested in His Majesty is occupied by water control works, or was acquired for water control works, and is no longer required for that purpose; or (b) water control works that occupy land the title to which is vested in His Majesty are required to be widened, extended, diverted, reconstructed, or re-surveyed; the minister, by written order, may close or abandon the water control works or any portion thereof. Closing of works on Crown land 11(2) Where Crown land has been reserved for, or used for, water control works and (a) no plan showing the location thereof is registered or filed in a land titles office; and (b) the land or any portion thereof has ceased to be required for such purpose; the minister, by written order, may close or abandon the water control works or the portion thereof. Registration of order in council 11(3) The minister may cause a certified copy of the order closing or abandoning the water control works to be registered in the proper land titles office. Disposal of land 11(4) The land or any portion thereof so reserved for, or used for, water control works that have been closed or abandoned under subsection (1) or (2), may be disposed of or dealt with in accordance with section 10 or 10.1, or may, on order of the Lieutenant Governor in Council, be conveyed or vested as directed in the order. Effect of order in council 11(5) An order in council made under subsection (4) and vesting land in any person, upon registration of a certified copy thereof in the proper land titles office, operates as a grant or transfer of the land from the Crown. Effect of vesting in owner of adjoining land 11(6) If land is vested in the owner of adjoining land as a result of an order in council, (a) the land is vested subject to any mortgage, encumbrance, lien or charge to which the adjoining land is subject; and (b) any title under The Real Property Act must be issued subject to any mortgage, encumbrance, lien or charge to which the adjoining land is subject. 11(7) [Repealed] S.M. 2021, c. 29, s. 12 . S.M. 2021, c. 17, s. 36 ; S.M. 2021, c. 29, s. 12 . Proceeds of sale of property 12 Notwithstanding The Financial Administration Act , the Minister of Finance shall, on order of the minister, credit the moneys that are the proceeds of the sale of real or personal property under section 10, 10.3 or 11 (a) to the account for funds authorized by an Act of the Legislature for the purchase of the property sold, or similar property; or (b) to an account for a reserve for the depreciation and replacement of the property sold; or (c) to the account in the Consolidated Fund designated for the proceeds of the sale of government property. S.M. 1996, c. 59, s. 110 ; S.M. 2021, c. 17, s. 37 . COMPENSATION FOR ARTIFICIAL FLOOD DAMAGE Claims for artificial flood damage and economic loss 12.1(1) A person may claim compensation under section 12.2 if (a) artificial flooding has damaged the person's eligible property or caused the person to have an economic loss; and (b) the person meets any applicable eligibility requirements set out in the regulations. Eligible property 12.1(2) A person may claim compensation under section 12.2 for damage to real or personal property caused by artificial flooding only if (a) the property is damaged in Manitoba; (b) the person owns the property, or the owner has, by virtue of a lease or assignment, assigned his or her right to claim compensation to the person; and (c) at the time the damage occurs, all applicable floodproofing criteria in relation to the damaged property or the land, building or structure where the damaged property is located have been complied with. Eligible economic loss 12.1(3) A person may claim compensation under section 12.2 for economic loss caused by artificial flooding only if the economic loss occurs in Manitoba and, (a) in the case of a loss that results from artificial flood damage to real property that the person owns or leases or in which the person resides, only if all applicable floodproofing criteria in relation to the damaged property have been complied with at the time the loss occurs; and (b) in the case of a loss that results from artificial flood damage to personal property that the person owns or leases, only if all applicable floodproofing criteria in relation to the land, building or structure where the damaged property is located have been complied with at the time the loss occurs. Exception to eligibility of certain property 12.1(4) Despite subsections (1) and (2), a person may not claim compensation for damage to a building or structure that was constructed, added to or moved under a variation order under section 17 if the order contained a term or condition prohibiting the owner of the building or structure from receiving flood damage assistance. A person also may not claim compensation for damage to property located in such a building or structure. Exception to eligibility of certain economic claims 12.1(5) Despite subsections (1) and (3), a person who owns, leases or resides in a building or structure that was constructed, added to or moved under a variation order mentioned in subsection (4) may not claim compensation for economic loss that results from damage to the building or structure, or to property located in the building or structure. S.M. 2008, c. 28, s. 4 . Application for compensation 12.2(1) A person who wishes to claim compensation must file an application for compensation in accordance with the regulations and must comply with the other requirements of the regulations. Manitoba Emergency Management Organization determines claims 12.2(2) After a person files a compensation application and complies with the requirements of the regulations, the Manitoba Emergency Management Organization must (a) determine whether the claimant meets any applicable eligibility requirements set out in the regulations; (b) if the claim relates to property damage, determine whether artificial flooding damaged the property and whether it is eligible property; (c) if the claim relates to economic loss, determine whether artificial flooding caused the loss and whether it is an eligible loss; (d) assess the value of the damage or loss; (e) evaluate whether and to what extent the claimant may be entitled to receive assistance or compensation under another program of the Government of Manitoba or Canada or a local government; and (f) determine the amount of compensation to be awarded under this Act in respect of the damaged property or loss. Agreements with third parties 12.2(3) The minister responsible for The Emergency Measures Act may, on any terms and conditions that he or she considers appropriate, enter into an agreement with a qualified person or organization for the performance of any of the functions of the Manitoba Emergency Management Organization under subsection (2). S.M. 2008, c. 28, s. 4 ; S.M. 2021, c. 30, s. 9 ; S.M. 2023, c. 18, s. 12 . No claimant contribution 12.3(1) Subject to subsections (3) to (5), a compensation award is to be based on the full value of the artificial flood damage to the claimant's eligible property or of his or her economic loss due to artificial flooding, as assessed by the Manitoba Emergency Management Organization, without requiring the claimant to bear a portion of the damage or loss. Compensation not conditional on repair or replacement 12.3(2) A compensation award is not conditional on the claimant repairing or replacing the damaged property. Claimant's acts may affect compensation 12.3(3) A claimant's compensation may be reduced in whole or part if the claimant's acts or failure to act allowed the damage or loss to occur or contributed to its occurrence. Local building restrictions may be considered 12.3(4) Without limiting subsection (3), and whether or not there are any applicable floodproofing criteria, a claimant's compensation may be reduced in whole or in part if the claimant's failure to comply with (a) a zoning by-law made by a local authority; or (b) any other building requirement or restriction imposed by a local authority; allowed the damage or loss to occur or contributed to its occurrence. Effect of compensation under other programs 12.3(5) Compensation under this Part must be reduced to the extent that the claimant is entitled to receive assistance or compensation under another program of the Government of Manitoba or Canada or a local government, including, but not limited to, the disaster financial assistance program, and the Manitoba production insurance program under The Manitoba Agricultural Services Corporation Act . S.M. 2008, c. 28, s. 4 ; S.M. 2021, c. 30, s. 9 ; S.M. 2023, c. 18, s. 12 . Appeals 12.4(1) A person whose application for compensation is partly or wholly refused or who disagrees with any part of a determination, assessment or evaluation under subsection 12.2(2) may appeal to the Disaster Assistance Appeal Board appointed under The Emergency Measures Act . Appeal to Court of Appeal 12.4(2) A decision of the Disaster Assistance Appeal Board under subsection (1) may be appealed upon a question of law to The Court of Appeal with leave granted by a judge of that court. Application for leave to appeal 12.4(3) An application for leave to appeal must (a) state the grounds of the appeal; and (b) be made within 30 days after the date of the decision sought to be appealed, or within such further time as the judge under special circumstances allows. Notice of the application must be served on the government in accordance with section 11 of The Proceedings Against the Crown Act . S.M. 2008, c. 28, s. 4 . Government to provide compensation 12.5 When a person is awarded compensation because of a determination under subsection 12.2(2) or an appeal decision under section 12.4, the government must provide the person with compensation in the amount awarded, subject to any applicable provisions of the regulations. S.M. 2008, c. 28, s. 4 . No duplication of compensation claims and proceedings 12.6 A person may do either of the following, but not both: (a) claim compensation under section 12.2 for property damage or economic loss; or (b) commence court proceedings in respect of property damage or economic loss caused by artificial flooding, to be determined in accordance with generally applicable legal principles. S.M. 2008, c. 28, s. 4 . Report on occurrence of damage or loss due to artificial flooding 12.7(1) If the minister determines that damage to eligible property or economic loss has occurred due to artificial flooding, the minister must make, or cause to be made, a report that sets out the extent and duration of the artificial flooding. Time when report is required 12.7(2) A report must be made within 90 days after (a) the minister determines that damage to eligible property or economic loss has occurred due to artificial flooding; or (b) the artificial flooding ends; whichever is later. Minister to share and publicize report 12.7(3) As soon as reasonably practicable after a report is made, the minister must (a) provide a copy to the minister responsible for the Manitoba Emergency Management Organization; and (b) in accordance with the regulations, make it available to the public and publicize its availability. S.M. 2008, c. 28, s. 4 ; S.M. 2021, c. 29, s. 13 ; S.M. 2021, c. 30, s. 9 ; S.M. 2023, c. 18, s. 12 . PROVINCIAL WATERWAYS Designation of provincial waterways 13(1) The Lieutenant Governor in Council may designate any water control work, natural water channel or lake as a provincial waterway. Abandonment of provincial waterways 13(2) The Lieutenant Governor in Council may abandon any provincial waterway. Statutes and Regulations Act does not apply 13(3) The Statutes and Regulations Act does not apply to an order in council made under this section. S.M. 2013, c. 39, Sch. A, s. 91 . Government to have jurisdiction over provincial waterways 14(1) Notwithstanding any provision of The Municipal Act or any other Act of the Legislature, all jurisdiction over, and control and possession of, every provincial waterway are vested in the government; and upon the designation of a provincial waterway, the municipality in which the provincial waterway is situated is thereupon relieved of any responsibility of maintaining or repairing it. Jurisdiction of abandoned provincial waterway 14(2) Upon a provincial waterway that is a water control work and that is situated within a municipality being abandoned under subsection 13(2), the jurisdiction over, and control and possession of, the water control work are vested in the municipality in which it is situated; and thereupon the government is relieved of any further responsibility of maintaining or repairing it. Bridges over natural water channels 14(3) Where a natural water channel or lake is declared a provincial waterway, the minister is not responsible for the construction, maintenance, or repair, of any bridge or crossing over it. 14(4) and (5) [Repealed] S.M. 2021, c. 29, s. 16 . S.M. 2021, c. 29, s. 15 and 16. 15 [Repealed] S.M. 2021, c. 29, s. 16 . S.M. 2008, c. 42, s. 95 ; S.M. 2021, c. 29, s. 16 . PROTECTION OF PROVINCIAL WATER INFRASTRUCTURE Prohibited activities 15.1 A person must not deliberately or negligently (a) damage, injure, break or destroy provincial water infrastructure; or (b) impair the function of provincial water infrastructure. S.M. 2021, c. 29, s. 17 . Activities requiring permit 15.2(1) Unless the minister has issued a permit for the activity, a person must not do any of the following: (a) construct, or otherwise place or establish, any works or structures on, over, under, through or across provincial water infrastructure; (b) place material on, or remove material from, provincial water infrastructure; (c) perform any activity on or near provincial water infrastructure, or use the provincial water infrastructure in a manner, that (i) affects or has the potential to affect its structural integrity, (ii) degrades or has the potential to degrade its vegetation cover or any other covering material intended to limit erosion, or (iii) has the potential to impair its function. Exemption 15.2(2) Subsection (1) does not apply to an activity that is exempted under the regulations from requiring a permit under this section. S.M. 2021, c. 29, s. 17 . Application for permit 15.3(1) An application for a permit must be made to the minister in the form required by the minister. Information to be included 15.3(2) The application must be accompanied by any plans, drawings, designs and specifications that the minister requires. Permit fee 15.3(3) Before a permit under section 15.2 is issued by the minister, the applicant must pay the permit fee fixed in the regulations. Issuance of permit 15.3(4) The minister may issue a permit for any of the activities set out in subsection 15.2(1) and make the permit subject to any terms and conditions that the minister considers appropriate. S.M. 2021, c. 29, s. 17 . Suspension or cancellation of permit 15.4 The minister may suspend or cancel a permit if (a) a term or condition of the permit has not been complied with; or (b) the performance of any activity, or the presence or operation of any thing, authorized by the permit (i) creates a risk to persons or property, or (ii) damages or interferes with the safe operation of provincial water infrastructure, or is likely to do so. S.M. 2021, c. 29, s. 17 . Liability 15.5 Despite any other provision of this Act or any other Act, a person who performs an activity set out in section 15.1 or 15.2 is liable for negligence in respect of the activity in the same manner as if the provincial water infrastructure were under the jurisdiction and control of that person. S.M. 2021, c. 29, s. 17 . Access restrictions to provincial water infrastructure 15.6(1) The Lieutenant Governor in Council may, by regulation, prohibit or restrict public access to specific provincial water infrastructure. Temporary access restriction by ministerial order 15.6(2) The minister may, by written order, prohibit or restrict public access to any provincial water infrastructure identified in the order for a period of not more than 90 days. Order must state effective period 15.6(3) An order made under subsection (2) must state the period during which the prohibition or restriction is in effect. Publication of order 15.6(4) Without delay after an order is made under subsection (2), the order must be published by posting it on the website of the minister's department. Publication constitutes notice of order 15.6(5) Publication of an order in the manner set out in subsection (4) is notice of the order to all persons. Statutes and Regulations Act does not apply 15.6(6) The Statutes and Regulations Act does not apply to an order of the minister made under subsection (2). Precedence of order 15.6(7) If there is an inconsistency between a regulation made under subsection (1) and an order made under subsection (2), the order prevails to the extent of the inconsistency. Compliance with access restrictions 15.6(8) A person must not access provincial water infrastructure in contravention of a regulation made under subsection (1) or an order made under subsection (2). S.M. 2021, c. 29, s. 17 . DESIGNATED RESERVOIR AREAS Prohibitions within designated reservoir areas 16(1) No person shall (a) build, construct, erect, or bring any building, structure or erection on or within a designated reservoir area; or (b) alter or change the use to which land within a designated reservoir area is put; except under authority of a permit issued under subsection (4). Exemption 16(1.1) Subsection (1) does not apply to a type of building, structure or erection exempted by regulation from the application of this section. Compliance with conditions 16(2) No person shall (a) occupy or maintain any building, structure or erection that was built, constructed or erected contrary to subsection (1) or that does not comply with the terms and conditions of a permit issued under subsection (4); or (b) continue to put land to a use to which the use of land was altered or changed contrary to subsection (1) or not in compliance with the terms and conditions of a permit issued under subsection (4). Exception 16(3) Subsections (1) and (2) do not affect any building, erection or structure situated within a designated reservoir area at the time the area is designated as such or affect the use to which land within a designated reservoir area is being put at the time the area is designated as such. Permit 16(4) The minister may issue a permit (a) for the building, erection, construction or bringing a building, structure or erection on or within a designated reservoir area; or (b) for the alteration or change of the use to which land within a designated reservoir area is put; or (c) for both the purposes mentioned in clause (a) and the purposes mentioned in clause (b); and he may make the permit subject to such terms and conditions, not inconsistent with the regulations, as he may deem advisable. Cancellation of permit 16(5) The minister may cancel a permit issued under subsection (4). Appeal to Municipal Board 16(6) Where the minister (a) refuses to issue a permit under subsection (4); or (b) cancels a permit under subsection (5); the applicant for the permit, or the person whose permit was cancelled, as the case may be, may, in writing, appeal the decision of the minister to The Municipal Board, and the appeal shall be heard by The Municipal Board by way of trial de novo and The Municipal Board may issue or reissue the permit or dismiss the appeal. 16(7) [Repealed] S.M. 2021, c. 29, s. 19 . R.S.M. 1987 Supp., c. 33, s. 2 and 3; S.M. 2021, c. 29, s. 19 . DESIGNATED FLOOD AREAS Prohibitions within designated flood areas 17(1) No person shall (a) build, construct, erect, or bring any building, structure, or erection on or within a designated flood area; or (b) make any addition to or reconstruct any building, structure, or erection within a designated flood area; except under the authority of a two-stage permit issued under subsection (3). Exemption 17(1.1) Subsection (1) does not apply to a type of building, structure or erection exempted by regulation from the application of this section. Further prohibitions 17(2) No person shall occupy or maintain any building, structure, or erection that was built, constructed, erected or reconstructed, or to which an addition was made contrary to subsection (1) or that does not comply with the terms and conditions of a two-stage permit issued under subsection (3). Two-stage permit 17(3) Subject to subsections (3.1) and (3.2), the minister may issue a two-stage permit (a) for the building, erection, construction, or bringing a building, structure or erection on or within a designated flood area; (b) for the addition to or reconstruction of any building, structure or erection within a designated flood area; or (c) for both the purposes mentioned in clause (a) and the purposes mentioned in clause (b); and the minister may make the two-stage permit subject to such terms and conditions, not inconsistent with the regulations, as the minister may deem advisable. Two stages of permit 17(3.1) The two stages of a permit referred to in subsection (3) are (a) Stage 1, which permits the building, erection, construction, addition to, reconstruction or bringing of the foundation or footings of a building, structure, or erection; and (b) Stage 2, which permits completion of the building, structure, or erection after its foundation or footings have been completed and inspected. Time to issue permit 17(3.2) The minister may issue Stage 1 of a two-stage permit at any time but, subject to subsection (3.3), may not issue Stage 2 of the permit until an inspector has inspected the foundation or footings of the building, structure or erection and has certified that the elevation levels of the foundation or footings comply with floodproofing criteria in force at the time Stage 1 of the permit was issued. Exception to two-stage permit 17(3.3) The minister may dispense with issuing Stage 1 of a two-stage permit and proceed directly to issue Stage 2 of the permit if the building, structure, or erection for which the permit is sought does not require a foundation or footings. Minister may issue stop work order 17(3.4) The minister may issue an order to stop work in progress on a building, structure or erection in a designated flood area to (a) a permittee under subsection (3) who has not complied with a term or condition of the two-stage permit; or (b) a person engaged in building, erection, construction or reconstruction that is not authorized by a two-stage permit under subsection (3). Warrant 17(3.5) Where a person fails to comply with an order under subsection (3.4), a justice may issue a warrant authorizing a person designated by the minister, together with a peace officer and any other persons under the direction of the peace officer whose presence is necessary to enforce the order, to enter on the land of the person named in the warrant and cause the work in progress to be stopped. Cancellation of two-stage permit 17(4) The minister may cancel a two-stage permit issued under subsection (3) where he has reason to believe that the work being carried out under the two-stage permit does not comply with the terms and conditions thereof or with such floodproofing criteria as may be prescribed in the regulations. Application for variation 17(5) The holder of a two-stage permit issued under subsection (3) may apply to the minister for (a) a variation of any of the terms and conditions subject to which the two-stage permit was issued; or (b) a variation of any provision of the applicable floodproofing criteria prescribed in the regulations; or (c) a variation under both clause (a) and clause (b). Order for variation 17(6) The minister may by order grant, in whole or in part, any variation of a term or condition of a two-stage permit or a provision of floodproofing criteria for which application is made under subsection (5), (a) where the minister is satisfied that compliance with the term or condition or the provision, without variation, would have an adverse effect on developed neighbouring land; (b) where the application relates to a two-stage permit for the reconstruction of, or the construction of an addition to, or the construction of a building or other structure appurtenant to, an existing building lawfully constructed and lawfully maintained, and the minister is satisfied that compliance with the term or condition or the provision, without variation, would be impossible or impractical; or (c) where the application relates to a two-stage permit for the replacement of an existing building or structure, lawfully constructed and lawfully maintained, that has been destroyed by fire or flood or other peril, and the minister is satisfied that compliance with the term or condition or the provision, without variation, would be impossible or impractical; as the case may be, and the minister may make the order subject to terms and conditions including a term or condition prohibiting the applicant from receiving any flood protection assistance or flood damage assistance for which the applicant might otherwise be eligible. Appeal to Municipal Board 17(7) Where the minister (a) refuses to issue a two-stage permit under subsection (3); or (b) cancels a two-stage permit under subsection (4); or (c) refuses to make an order for a variation under subsection (6); or (d) makes an order under subsection (6) for a partial variation only, but refuses to make an order for the whole variation applied for under subsection (5); or (e) issues a stop work order under subsection (3.4); the person affected by the refusal, cancellation or stop work order may in writing appeal therefrom to The Municipal Board. Trial de novo 17(8) An appeal to the Municipal Board under subsection (7) shall be by way of trial de novo, and after hearing the appeal The Municipal Board may direct the minister (a) to issue or re-issue the two-stage permit; or (b) to make an order granting the variation applied for, in whole or in part; or (c) to make an order revoking the order appealed from and to make such further order as The Municipal Board may direct; as the case may be, or may dismiss the appeal, and the minister shall carry out any direction of The Municipal Board. Filing of order in land titles office 17(9) The minister may file in the proper land titles office or registry office, as the case may require, a copy of any order made by the minister under this section. Effect of non-compliance with floodproofing criteria 17(10) In the following circumstances, an owner of land is not eligible to receive flood damage or flood protection assistance for a building, structure, or erection on his or her land: (a) the owner was issued a two-stage permit under subsection (3), and the building, structure or erection does not comply with floodproofing criteria in force at the time each stage of the permit was issued; (b) the owner was required to obtain a two-stage permit under subsection (3) but no permit was issued, and the building, structure or erection does not comply with floodproofing criteria in force at the time that building, erection, construction or reconstruction began.

Inspection re compliance with floodproofing criteria 17(10.1) An inspector designated by the minister may inspect a building, structure or erection on land in a designated flood area to determine (a) where the owner obtained a two-stage permit under subsection (3), whether the building, structure or erection complies with the floodproofing criteria in force at the time each stage of the permit was issued; or (b) where the owner did not obtain a two-stage permit under susbection (3), whether the building, structure or erection complies with the floodproofing criteria in force at the time that building, erection, construction or reconstruction began. Caveat re non-compliance with floodproofing criteria 17(10.2) Where a building, structure or erection inspected under subsection (10.1) does not comply with the floodproofing criteria applicable to it, the minister may give notice of the non-compliance by filing in the proper land titles office a caveat, to which is attached an inspection report prepared by the inspector stating that (a) a building, structure, or erection on the land has been inspected by an inspector designated by the minister; and (b) the inspector found (i) where the owner obtained a two-stage permit under subsection (3), that the building, structure or erection does not comply with the floodproofing criteria in force at the time each stage of the permit was issued, or (ii) where the owner did not obtain a two-stage permit under subsection (3), that the building, structure or erection does not comply with floodproofing criteria in force at the time that building, erection, construction or reconstruction began. Removal of caveat 17(11) The minister may discharge a caveat filed under subsection (10.2) where an inspector re-inspects the building, structure or erection and finds that it complies with the applicable floodproofing criteria. Inspectors 17(11.1) An owner of land is responsible for retaining an inspector with qualifications satisfactory to the minister to conduct an inspection under subsection (3.2) or (11), and for paying all fees associated with the inspection. Memorials on Certificates of Title 17(12) Upon the filing under this section of any order or caveat, or a copy of an order or caveat in a land titles office in respect of new system land, the district registrar shall endorse a memorial thereof on the certificate of title containing the land without production of the duplicate certificate of title. 17(13) [Repealed] S.M. 2021, c. 29, s. 21 . R.S.M. 1987 Supp., c. 33, s. 4 and 5; S.M. 1998, c. 18, s. 2 (as amended by S.M. 2000, c. 23, s. 2 ); S.M. 2004, c. 42, s. 56 ; S.M. 2021, c. 29, s. 21 . ENFORCEMENT Minister may designate enforcement officers 17.1(1) The minister may designate a person or class of persons as enforcement officers for the purpose of enforcing any provision of this Act or the regulations. Inspections 17.1(2) An enforcement officer may enter upon any land for the purpose of conducting an inspection to determine compliance with this Act and the regulations, or with the terms and conditions of a permit issued or agreement entered into under this Act. Identification 17.1(3) An enforcement officer entering upon land for the purpose of conducting an inspection must provide identification if requested to do so. S.M. 2021, c. 29, s. 22 . No obstruction of enforcement officers 17.2 A person must not obstruct or hinder, or make a false or misleading statement to, an enforcement officer who is exercising a power or performing a duty under this Act or the regulations. S.M. 2021, c. 29, s. 22 . Orders to repair or remove 17.3(1) The minister may issue a written order to a person requiring the person to repair any damage caused, or to remove any thing constructed, placed or established, (a) in contravention of section 15.1, 15.2, 16 or 17, or of a term or condition of a permit issued under this Act; (b) under authority of a permit suspended or cancelled by the minister under section 15.4; or (c) under authority of a permit cancelled under section 16 or 17, if the cancellation has not been appealed to The Municipal Board or if The Municipal Board has upheld the cancellation on appeal. Service of order 17.3(2) An order made under this section must be given to the person named in the order (a) personally; or (b) by sending it by registered mail to the person's last known address, in which case the order is deemed to be served seven days after the date of mailing. Minister's power to carry out work 17.3(3) If, after having been given the order in accordance with subsection (2), the person fails to comply with the order, the minister may do, or cause to be done, any work required by the order. Right of entry 17.3(4) For the purpose of undertaking work in accordance with subsection (3), the minister or any person authorized by the minister may enter upon any land. Cost of removal 17.3(5) The cost of any work done by or on behalf of the minister is a debt due to the government by the person named in the order. Joint and several liability 17.3(6) If more than one person is named in an order under this section, they are jointly and severally liable for any debt under subsection (5). Certificate of debt 17.3(7) The minister may certify a debt referred to in subsection (5) or any part of the debt that has not been paid. The certificate may be registered in court and, once registered, may be enforced as if it were a judgment of the court. S.M. 2021, c. 29, s. 22 . DYKED AREAS Evacuation order 18(1) Where (a) a dyked area is flooded; (b) in the opinion of the minister, a dyked area is in imminent danger of being flooded because of a weakness in a designated dyking system or the danger of a flood exceeding the level against which a designated dyking system can protect the dyked area; (c) the means of access by road to and from a dyked area are flooded, or, in the opinion of the minister, in imminent danger of being flooded; (d) the water supply in the dyked area is polluted or, in the opinion of the minister, in danger of becoming polluted because of flooding in the dyked area or the territory immediately surrounding it; or (e) in the opinion of the minister, the health or safety of persons within a dyked area is or may be threatened because of flooding or imminent danger of flooding in the dyked area or the territory immediately surrounding it; the minister may in writing order that the dyked area be evacuated to protect the health and safety of persons in the dyked area and to prevent loss of life. Compliance with order 18(2) Subject to subsection (3), where the minister orders a dyked area to be evacuated under subsection (1), each person within the dyked area shall leave the dyked area; and, if a person within the dyked area fails or refuses to leave the dyked area upon being informed, in writing or orally, of the order by any person mentioned in clause (3)⁠(a) or (b), any person mentioned in clause (3)⁠(a) or (b) may forcibly remove the first mentioned person from the dyked area. Exceptions 18(3) Notwithstanding subsection (2) (a) peace officers; (b) persons employed under the direction of the minister, a municipality, an officer in the regular force of the Canadian Forces, or acting under the authority of The Emergency Measures Act ; or (c) persons who are employed by the operator of a public utility as that expression is defined in The Public Utilities Board Act for the purpose of maintaining or operating equipment or property situated within the dyked area required to keep the public utility operating or to prevent damage to the equipment or property of the public utility; are not required to evacuate a dyked area pursuant to an order made under subsection (1). Statutes and Regulations Act does not apply 18(4) The Statutes and Regulations Act does not apply to an order made under subsection (1). Right of entry 18(5) The minister, or any person authorized by him for the purpose, may enter upon or into any land or building (a) for the purpose of enforcing an order made under subsection (1); or (b) for the purpose of taking such action as, in the opinion of the minister, is necessary to protect a dyked area, or any property therein, from flooding where the dyked area is, in the opinion of the minister, threatened by flooding or is in imminent danger of being flooded. Work related to dyking systems 18(6) Where, in the opinion of the minister, a dyked area is threatened by flooding or is in imminent danger of being flooded, he may authorize such work to be done as may be necessary to complete a designated dyking system protecting the dyked area or to increase the level of the dyking system and any person employed under the direction of the minister may enter upon or into any property or building for that purpose. S.M. 2013, c. 39, Sch. A, s. 91 . CONTRACTS Power of minister re contracts 19 The minister may, on behalf of the government, enter into any contract the minister considers advisable for the administration of this Act. But no contract is binding on the minister or the government unless it is signed by the minister. S.M. 2018, c. 29, s. 43 ; S.M. 2021, c. 29, s. 24 . Duty to invite tenders 19.1(1) The minister must invite tenders for the construction or repair of any water control works unless (a) the work is performed by employees of the government; (b) in the opinion of the minister, the work (i) is too urgent to be tendered, or (ii) can be performed more efficiently through a different arrangement; or (c) a committee of the Executive Council has approved the work to be completed without an invitation to tender. Minister may establish eligibility requirements 19.1(2) For any invitation to tender issued under subsection (1), the minister may establish eligibility requirements that a bidder must meet to be eligible to submit a tender in response to the invitation. Forgoing the lowest compliant bid 19.1(3) The minister may forgo the lowest compliant bid received from an eligible bidder in response to any invitation to tender issued under subsection (1) (a) with the approval of a committee of the Executive Council if the value of the contract is equal to or more than the amount prescribed in the regulations; or (b) without approval if the value of the contract is less than the amount prescribed in the regulations. S.M. 2021, c. 29, s. 24 . Preconditions for commencing work under contract 19.2(1) Unless authorized by the minister, no money may be paid to a contractor and no work may commence under a contract until (a) the contract has been signed by all parties; and (b) the contractor has provided any security required under subsection (2). Security 19.2(2) The minister may require a contractor with whom the minister enters into a contract under this Act to provide security, in a form and amount the minister considers appropriate, for the performance of the contract and for the payment of labour and materials to be provided under the contract. Interest on holdback 19.2(3) If a contract entered into under this Act provides for a holdback of all or a portion of the contract price, the minister must pay interest on the holdback in accordance with the regulations. S.M. 2021, c. 29, s. 24 . GENERAL MATTERS No false or misleading statements 19.3 A person must not make a false or misleading statement in any application for a permit under this Act or the regulations. S.M. 2021, c. 29, s. 24 . Transfer of permit 19.4 A permit issued under this Act may be transferred only with the prior written consent of the minister. S.M. 2021, c. 29, s. 24 . Right of entry 20 The minister or any person authorized by the minister may enter upon any land (a) entry upon which is required for the making of a survey that the minister deems to be necessary in connection with any water control works or proposed water control works; (b) that is necessary, or entry upon which is necessary for the proper construction, maintenance, or operation of water control works; or (c) entry upon which is necessary for the maintenance or repair of a provincial waterway. S.M. 2021, c. 29, s. 25 . Power of minister to require delivery of plans, etc. 21 The minister, with the consent of the Lieutenant Governor in Council, may require any person having the possession of maps, plans, specifications, estimates, reports, or other papers, books, drawings, instruments, models, contracts, documents, or records, relating to any water control works to deliver them to the minister; and the minister, if he deems it necessary or advisable, may make copies thereof. 22 [Repealed] S.M. 2021, c. 29, s. 26 . Arbitration 23(1) Where a person has a claim that is not subject to The Expropriation Act arising out of, or connected with, the execution or non-execution of any work in respect of water control works, or arising out of or connected with, the fulfilment or on account of deductions made for the non-execution and non-fulfilment, of any contract in respect of any water control works made and entered into with the minister or with any other person duly authorized to enter into it, either in the name of His Majesty or in any other manner whatsoever, the person may give notice in writing of his claim to the minister, stating the particulars thereof and how it has arisen; and the minister may at any time within 60 days after receiving the notice, tender an amount that he considers a just satisfaction of the claim, together with notice that, unless the sum so tendered is accepted within ten days after the making of the tender, the claim may be submitted to arbitration. Where tender not accepted 23(2) Where a tender made under subsection (1) is not accepted within the time therein set out, the minister may submit the claim to arbitration by two arbitrators. Security 23(3) Before the arbitration commences, the arbitrators may demand that the claimant give security to the satisfaction of the arbitrators for the payment of the costs and expenses incurred by the arbitrators in the event of the claimant being required by the award to pay the costs. Appeal 23(4) The award of the arbitrators is subject to appeal. No arbitration where minister has power to decide 23(5) No arbitration shall be allowed in any case where, by the terms of the contract under which the claim arises, it is provided that the determination of any matters of difference arising out of, or connected with, the same shall be made by the minister. Certified copies of plans, etc. 24 A copy of any plan, or any other document, in the department or any order made, or any correspondence, certificate, or other document signed by, the minister, certified by the minister to be a true copy, is admissible in evidence as prima facie proof thereof, and has the same legal effect as the original in any court or elsewhere. 25 [Repealed] S.M. 2008, c. 42, s. 95 ; S.M. 2021, c. 29, s. 26 . OFFENCES AND PENALTIES Offences and penalties 25.1(1) A person who contravenes a provision of this Act or the regulations, or who fails to comply with a term or condition of a permit issued under this Act, is guilty of an offence and is liable on conviction (a) in the case of an individual, to a fine of not more than $50,000 or imprisonment for a term of not more than three months, or both; and (b) in the case of a corporation, to a fine of not more than $500,000. Liability of directors and officers 25.1(2) If a corporation commits an offence under subsection (1), a director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence and is liable on conviction to the penalties set out in clause (1)⁠(a), whether or not the corporation has been prosecuted or convicted. Continuing offence 25.1(3) When a contravention continues for more than one day, the person is guilty of a separate offence for each day the contravention continues. Time limit for prosecution 25.1(4) A prosecution for an offence under this Act must not be commenced more than two years after the day on which evidence sufficient to justify a prosecution for the offence came to the knowledge of an enforcement officer. The certificate of the enforcement officer as to the day on which the evidence came to their knowledge is evidence of that date. S.M. 2021, c. 29, s. 27 . REGULATIONS Regulations 26(1) The Lieutenant Governor in Council may make regulations (a) subject to subsection (2), designating an area adjacent to and surrounding, either wholly or partially, a reservoir as a designated reservoir area; (a.1) prescribing annual rental values and the duration of terms of leases for the purpose of subsection 10.1(3); (b) [repealed] S.M. 2021, c. 29, s. 28 ; (c) respecting specifications and standards of buildings, structures, or erections, built, constructed, or erected or brought on or within a designated reservoir area; (d) [repealed] S.M. 2021, c. 29, s. 28 ; (e) respecting the use to which land in a designated reservoir area may be put; (f) designating any area of the province that is subject to flooding, or that has been flooded at any time since the year 1900, from natural causes, as a designated flood area; (f.1) designating a water control work for the purpose of the definition "designated water control work"; (f.2) describing the land and structures that make up the Shellmouth Dam; (f.3) for the purpose of the definition "unregulated level", specifying one or more water control works that are, along with a designated water control work, to be considered absent in determining the unregulated level of a particular water body; (f.4) respecting the eligibility of persons to claim compensation under section 12.1; (f.5) prescribing a time limit after which a person may not claim compensation for property damage or economic loss caused by artificial flooding, and prescribing other time limits respecting property damage or economic loss; (f.6) respecting eligible property and economic loss; (f.7) prescribing categories of persons who suffer damage to property or economic loss caused by artificial flooding, and exempting one or more categories from the operation of any provision of this Act; (f.8) respecting applications for compensation for property damage or economic loss caused by artificial flooding, the determination and assessment of compensation claims, and the evaluation of claimants' entitlement to assistance or compensation under other programs; (f.9) respecting compensation for property damage or economic loss caused by artificial flooding, and claims in general for that type of compensation; (f.10) respecting appeals under section 12.4, including prescribing an appeal fee and providing for circumstances in which the fee may be waived or refunded in whole or part; (f.11) respecting reports under section 12.7; (g) respecting the issuance of permits under sections 15.2, 16 and 17, including (i) fixing permit fees, and (ii) exempting any thing from the requirement for a permit under any of those sections; (h) prescribing flood proofing criteria for the purposes of section 17; (h.1) respecting inspections conducted under section 17; (i) respecting the use to which land in a designated flood area may be put; (j) designating any dyking system in the province constructed and maintained for the purpose of protecting any area of the province from flooding as a designated dyking system and describing the area protected by the designated dyking system; (k) prescribing an amount for the purpose of subsection 19.1(3); (l) prescribing the rate of interest or the method of determining a rate of interest under subsection 19.2(3), and prescribing the period of time for which interest is payable; (m) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act. Restrictions on designated reservoir area 26(2) The boundary of a designated reservoir area shall not at any point be further than one mile from the anticipated high water line of the reservoir in respect of which the area is designated, but the designated reservoir area may include the whole or part of a reservoir. ther Acts 26(3) The requirements of any floodproofing criteria prescribed under subsection (1) are in addition to and not in substitution for the requirements of any applicable building code or municipal by-law or any other Act of the Legislature. R.S.M. 1987 Supp., c. 33, s. 6 and 7; S.M. 2000, c. 23, s. 1 ; S.M. 2008, c. 28, s. 5 ; S.M. 2021, c. 17, s. 38 .; S.M. 2021, c. 29, s. 28 ; S.M. 2024, c. 9, s. 39 . 27 [Repealed] S.M. 1998, c. 18, s. 3 ; S.M. 2021, c. 29, s. 29 . 28 and 29 [Repealed] S.M. 2021, c. 29, s. 29 . C.C.S.M. REFERENCE C.C.S.M. reference 30 This Act may be referred to as chapter W70 of the Continuing Consolidation of the Statutes of Manitoba . S.M. 2021, c. 29, s. 30 .