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| This is part of an archived statute consolidation that is current to August 17, 2004 and includes changes enacted and in force by that date. |
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| SECTION | EFFECTIVE DATE | ||
| 1 | November 17, 2003 | ||
| January 1, 2004 | |||
| 2 | April 11, 2002 | ||
| November 17, 2003 | |||
| 2.1 | November 17, 2003 | ||
| 3 | November 17, 2003 | ||
| 4 | November 17, 2003 | ||
| 5 | November 17, 2003 | ||
| 6 | November 17, 2003 | ||
| 6.1 | November 17, 2003 | ||
| 6.2 | November 17, 2003 | ||
| 7 | November 17, 2003 | ||
| 8 | November 17, 2003 | ||
Section 1 BEFORE amending definitions of "inspector", "order" and "private dike" by 2003-72-1 effective November 17, 2003 (Royal Assent).
"inspector" means the Inspector of Dikes referred to in section 2 and includes the Assistant Inspector of Dikes;
“order” includes a decision or direction of the inspector;
“private dike” means a dike built on private property without public funds to protect only the property of the person owning the private dike.
Section 1 BEFORE amending definition "municipality" by 2003-52-47 effective January 1, 2004 (BC Reg 465/03, repealing BC Reg 428/03).
“municipality” means a municipality as defined for the purposes of the Local Government Act;
Section 2(3)(d) and (e) BEFORE amended by 2002-12-6 effective April 11, 2002 (Royal Assent).
(d) require a person who is physically fit and over age 17 and under age 60, except a railroad worker, telegrapher or dispatcher on duty, or a medical practitioner, to do or assist in any work of dike construction or repair believed necessary to prevent the flooding of property;
(e) require a person to make available to the inspector equipment or material owned or controlled by the person and believed by the inspector to be necessary to prevent the flooding of property;
Section 2 BEFORE re-enacted by 2003-72-2 effective November 17, 2003 (Royal Assent).
2 (1) There is to be an official of the ministry known as the Inspector of Dikes.
(2) The inspector has general supervision of all dikes and the operation of all diking authorities relative to the construction and maintenance of dikes.
(3) Without limiting subsection (2), the inspector has the power to do one or more of the following:
(a) enter on any land and on a dike at any time;
(b) require a diking authority to repair, replace, renew, alter, add to, improve or remove a dike, or a part of a dike, or anything used in connection with a dike;
(c) require a diking authority to construct or install a work or thing that in the opinion of the inspector is necessary to protect a dike or to increase its efficiency;
(d) and (e) [Repealed 2002-12-6.]
(f) authorize and empower any person, on conditions the inspector may impose, to place, construct, renew, alter, repair, maintain, operate and use any buildings, structures, machinery, ways, rails, roads, pipes, poles, towers, cables, wires, conduits, conveyers or other works on, along, across, through, over or under any dike in charge of a diking authority or any land, so far as an interest in it is held by a diking authority, and to enter into and on a dike or land, so far as an interest in it is held by a diking authority.
(4) The inspector, the assistant inspector and those employees considered necessary may be appointed under the Public Service Act.
(5) Except with the approval in writing of the inspector, a diking authority must not do any of the following:
(a) lower, or cause or allow to be lowered, the elevation of a dike or decrease, or cause or allow to be decreased, the width or cross section of a dike;
(b) install, or cause or allow to be installed, any culvert, pipe, flood box or any structure through a dike;
(c) construct, or cause or allow to be constructed, any works on or over a dike or dike right of way;
(d) alter, or cause or allow to be altered, the foreshore adjacent to a dike.
Section 2.1 was added by 2003-72-2 effective November 17, 2003 (Royal Assent).
Section 3 BEFORE re-enacted by 2003-72-3 effective November 17, 2003 (Royal Assent).
3 If a diking authority fails to carry out an order or direction of the inspector by the date required, the inspector may do the things required, either by contract or otherwise, and that cost, including any interest the inspector may have to pay, is a debt owing by the diking authority to the government.
Section 4 BEFORE repealed by 2003-72-3 effective November 17, 2003 (Royal Assent).
4 If a diking authority fails to pay to the government any sum payable under section 3, the sum may be recovered by the government in any court of competent jurisdiction.
Section 5(1) BEFORE amended by 2003-72-4 effective November 17, 2003 (Royal Assent).
(1) An appeal lies to the minister from every order of the inspector.
Section 5(1.1) was added by 2003-72-4 effective November 17, 2003 (Royal Assent).
Section 6 BEFORE re-enacted by 2003-72-5 effective November 17, 2003 (Royal Assent).
6 A person commits an offence who does any of the following:
(a) injures or interferes with a dike or its operation;
(b) hinders a diking authority, the inspector or a person acting on behalf of either of them from protecting property from flooding;
(c) contravenes section 2 (5) or an order of the inspector or the minister.
Section 6.1 was added by 2003-72-5 effective November 17, 2003 (Royal Assent).
Section 6.2 was added by 2003-72-5 effective November 17, 2003 (Royal Assent).
Section 7 BEFORE repealed by 2003-72-6 effective November 17, 2003 (Royal Assent).
7 An order made by the inspector must be
(a) in writing, signed by the inspector, and
(b) delivered or sent by registered mail to the person or authority to whom it is directed.
Section 8(2) and (3) were added by 2003-72-7 effective November 17, 2003 (Royal Assent).
Copyright (c) 2004: Queen’s Printer, Victoria, British Columbia, Canada