WHEREAS the Province has designated municipalities as diking authorities, and established a wide range of authoritative powers over them including requirements to fully administer and resource ongoing dike maintenance, flood protection planning, monitoring, inspection, reporting, and other associated work as well as to substantively fund disaster prevention and relief initiatives; AND WHEREAS notwithstanding s. 2b of the Community Charter, the administrative and financial resources required to undertake these responsibilities are an increasingly unsustainable burden to small communities: Therefore be it resolved that the Province be re-established as the diking authority in all local governments.
Ministry of Forests, Lands Natural Resource Operations The Ministry of Forests, Lands and Natural Resource Operations is responsible for flood protection legislation and has broad powers to establish guidelines, regulations, and flood hazard management plans with respect to flood protection, dikes, and the development of land subject to flooding. The Inspector and Deputy Inspectors of Dikes have the statutory authority to establish flood protection standards and design criteria, monitor the management of works by diking authorities, and approve new dikes and changes to existing dikes. Whenever a new dike is proposed, construction will be approved only if the local government agrees to become the diking authority and become responsible for ownership, operation, and maintenance of the dike. There are several reasons why local governments are the most appropriate legal entities to assume responsibility for flood protection structures. Local governments are legally required to have an emergency management plan and to be the first responder to flooding. They have much greater access to flood protection funds from senior levels of government than other types of diking authorities. They also have the full legal powers for land use planning, development approval, and expropriation. Local governments typically provide many, if not all, locally available public services, including roads, drainage, water, and sewer. Coordination of public service delivery, including taxation, is facilitated by combining the responsibilities within local government.