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RURAL MUNICIPALITIY OF CORNWALLIS PROVINCE OF MANITOBA BEING A BY-LAW to govern certain aspects of drains and drainage on public or private property. WHEREAS Section 232(1)(h) of The Municipal Act, S.M. 1996, c.58 (the “Act”) states as follows: 232(1) A council may pass by-laws for municipal purposes respecting the following matters: - …(h) drains and drainage on private or public property.
AND WHEREAS Section 239(1)(3) of the Act provides for entering onto private lands to enforce by-laws as follows: 239(1) If this or any other Act or a by-law authorizes or requires anything to be inspected, remedied, enforced or done by a municipality, a designated officer of the municipality may, after giving reasonable notice to the owner or occupier of land or the building or other structure to be entered to carry out the inspection, remedy, enforcement or action, enter the land or structure at any reasonable time, and carry out the inspection, enforcement or action authorized or required by the Act or by-law; request that anything be produced to assist in the inspection, remedy, enforcement or action; and make copies of anything related to the inspection, remedy, enforcement or action. 239(3) In an emergency, or in extraordinary circumstances, the designated officer need not give reasonable notice or enter at a reasonable hour and may do the things referred to in clauses (1)(a) and (c) without the consent of the owner or occupant. AND WHEREAS Section 294.1 of the Act states as follows: “294.1(1) In this section, “drain” means a culvert, drain, drainage ditch, dyke or floodway, constructed or maintained by a municipality but does not include a provincial waterway as defined by The Water Resources Administration Act. 294.1(2) Subject to the rights vested in any other party under The Water Resources Administration Act or The Water Rights Act, a municipality has jurisdiction over every drain within its boundaries. 294.1(3) A municipality must maintain every drain within its boundaries to a standard that is appropriate for the use to which the municipality expects the drain to be put. 294.1(4) A municipality may require a person who without written authority from the municipality obstructs a drain to remove the obstruction, and if the person fails to do so, the municipality may remove the obstruction and recover any expense it incurs from the person who caused the obstruction: By levying and collecting the amount of the expense as a tax; or By any other means.” AND WHEREAS the Council of the Rural Municipality of Cornwallis deems it expedient and in the best interests of the municipality to pass a By-Law to regulate and control certain aspects of drains and drainage on private and public property within the municipality. NOW THEREFORE the Council of the Rural Municipality of Cornwallis enacts as follows: 1. Title This by-law shall be referred to as “the Drainage By-law”. 2. Definitions Where used in this By-law, the following terms shall have the following meaning: - (a) “Act” means The Municipal Act, S.M. 1996, c.58 as amended from time to time.
- (b)“Drain” means a culvert, drain, drainage ditch, dyke or floodway, constructed or maintained by the Municipality but does not include a Provincial Waterway.
- (c) “Municipality” means the Rural Municipality of Cornwallis .
- (d) “Person” means and includes any individual, corporation, partnership, firm, joint venture, syndicate, association or trust, and any other form of entity or organization, and includes both the plural and the singular.
- (e)“Provincial Waterway” means a Provincial Waterway as defined by The Water Resources Administration Act, R.S.M. 1987, cW70 as amended from time to time.
- (f)“The Water Rights Act” – means The Water Rights Act R.S.M. 1988, c. w80 as amended from time to time.
3. Interference With Drains - (a) Where any Person deposits or puts into any Drain any soil, stones, refuse, waste, brush, trees or other matter whatsoever, the Municipality may require that Person to remove the soil, stones, refuse, waste, brush, trees or other matter; and, if the Person fails to do so, the Municipality, at the expense of the Person in default, may remove the soil, stones, refuse, waste, brush, trees or other matter and, if necessary to do so, may enter onto any lands in accordance with the powers and procedures set out under the Act.
- (b) Where any Person deepens, widens, alters, diverts or stops-up or in any way interferes with any Drain the Municipality may require that Person to return the said Drain to its previous state, and if the Person fails to do so, the Municipality, at the expense of the Person in default, may return the municipal drain to its previous state and, if necessary to do so, may enter onto any lands in accordance with the powers and procedures set out under the Act.
- (c) Where any Person causes the diversion or discharge of water or other liquid into a Drain without being licensed to do so under The Water Rights Act, the Municipality may require such Person to stop the discharge of water or other liquid into the Drain, and if the Person fails to do so, the Municipality, at the expense of the Person in default, may stop the discharge of water or liquid into the Drain and, if necessary to do so, may enter onto any lands in accordance with the powers and procedures set out under the Act.
4. Municipalities Power to Recover Expenses The Municipality may recover any expense that it incurs under Section 3 above from the Person who is in default: - (a) by levying or collecting the amount of the expense as a tax; or
- (b) by any other means.
5. Overriding Jurisdiction of The Water Rights Act Nothing herein shall effect the rights granted to any Person by license granted under The Water Rights Act, and the Municipality in enforcing its rights under section 3 herein, shall act in accordance with any policy directives, protocols, memorandums of understanding or any other procedures that may be binding upon a Municipality that are established by or in consultation with the Province of Manitoba from time to time for the purpose of complying with The Water Rights Act. DONE AND PASSED as a By-Law of the Rural Municipality of Cornwallis, in the Province of Manitoba this 15th day of June, A.D. 1999. RURAL MUNICIPALITY OF CORNWALLIS REEVE CHIEF ADMINISTRATIVE OFFICER Read a first time this 18th day of May A.D. 1999
Read a Second time this 15th day of June A.D. 1999
Read a third time this 15th day of June A.D. 1999 |