UPDATE: The Premier annouced enhancedments to the program on July 4th. However, we do not yet have specific details beyond the press release. When this infomation becomes available, we will post it here.
The Province of Manitoba annouced a special Flood Assistance program for Lake Manitoba on May 18th. The information below is re-printed from the information posted on the Province of Manitoba’s EMO Website as of May 29, 2011:
For actual document go the website below:
FLOOD 2011: Building and Recovery Action Plan
Lake Manitoba Financial Assistance Program
The Manitoba government’s Flood 2011: Building and Recovery Action Plan is providing immediate and long-term assistance for Manitoba families, producers and communities following unprecedented 2011 flooding along the Assiniboine River and Lake Manitoba.
The Lake Manitoba Financial Assistance Program is for families, businesses and non-profit organizations in the flood inundation zone around the lake. It will assist with the costs of property damage and flood-protection efforts taken as a result of high water levels on Lake Manitoba.
Special Program for Lake Manitoba Cottages and Permanent Residences
Due to above-capacity flows from the Portage Diversion this spring, the Manitoba government will provide 90 per cent of actual incurred costs from flood damage or flood protection measures taken on an emergency basis up to $90,000 for damages to the structure for cottages and up to $200,000 for damages to the structure and basic and essential contents for permanent residences. Property owners who commit to flood mitigation for their property now and in the future will have their 10 per cent co-payment waived. All applicants will be personally contacted by Manitoba government staff. Residents are encouraged to take photos of all work undertaken, keep receipts for expenses and other evidence and documentation to verify the amount of losses.
Flood Protection Measures
Gross wages up to $20 an hour lost as a result of protecting property from flood damage and the subsequent cleanup.
Actual expenses incurred to protect property from flood damage on an emergency basis, up to $10,000.
Reasonable expenses for cleaning up and removing temporary flood-protection structures.
Terms and Conditions
The information below was taken from the EMO website at: http://www.masc.mb.ca/masc.nsf/terms_conditions_lake_manitoba_part_c-01.pdf
Part C – Lake Manitoba Business, Principal and Non-Principal Residence Component
Terms and Conditions
1. Purpose of the Program:
The purpose of the program is to compensate residents, businesses and non-profit entities for the cost of uninsurable property damage and flood protection measures taken as a direct result of the elevated water levels in the Lake Manitoba flooding area (see Appendix A).
2.1. “Application Form” means the Notice of Claim form, the Intent to Claim form, and any other forms as prescribed by the Program Administrator, that an Eligible Participant must complete to be considered for eligibility to the Program.
2.2. “Business” means an individual or entity that intends to carry on activities for profit and there is evidence to support that intention (i.e. profession, trade, manufacture, etc). Farm Businesses are not included as they will be covered in Part B of the Lake Manitoba Program.
2.3. “Claim” means the submission of a completed application form. A claim can be any notification of a possible loss under the Program, whether or not any payment follows.
2.4. “Eligible Participant” is a resident, Business (excluding Farm Business), or non-profit entity meeting the criteria in Section 3.
2.5. “Farm Business” means a Business that engages in agricultural production, including tillage of the soil, livestock production, raising poultry, dairying, fur farming, tree farming, horticulture, bee keeping, fish farming or any other activity undertaken to produce agricultural products; but does not include the purchase and resale of agricultural products, or the commercial processing of agricultural products.
2.6. “Infrastructure” means the physical structures or facilities required to operate a residence or Business; including buildings, well and access structures.
2.7. “Inventory” means the goods and materials on hand, owned by a Business (excluding Farm Business) or person.
2.8. “Minister” means the Minister of Manitoba Agriculture, Food and Rural Initiatives.
2.9. “Non-Arm’s Length Labour” means the labour activities conducted by the Eligible Participant, family and any individuals hired by the Eligible Participant that do not normally conduct those business activities as determined by the Program Administrator.
2.10. “Non-Principal Residence” means any dwelling that is not included in the definition of a Principal Residence.
2.11. “Principal Residence” means the residential dwelling unit that is ordinarily occupied by the individual, and does not include a cottage, cabin, seasonal or secondary residence that is only occupied on temporary basis. An individual may only have one Principal residence.
2.12. “Program” means the Lake Manitoba Business, Principal and Non-Principal Residence Program.
2.13. “Program Administrator” means the Manitoba Agricultural Services Corporation (MASC) with assistance of Manitoba Agriculture, Food and Rural Initiatives (MAFRI).
2.14. “Repair Cost” means the cost to repair or restore damaged infrastructure and inventory to a condition most closely resembling its pre-damage condition using materials of a similar kind, quality and construction without deducting for depreciation.
2.15. “Replacement Cost” means the cost to replace damaged infrastructure and inventory with infrastructure and inventory of similar kind, quality and construction without deducting for depreciation.
3.1. An Eligible Participant is one who:
3.1.1. Is an individual, partnership, corporation, cooperative, commune or First Nation; and
3.1.2. Owned or rented a Principal Residence, Non-Principal Residence or Business (excluding a Farm Business) located in the Lake Manitoba Flood Zone as of May 1, 2011; and
3.1.3. Is liable to pay income tax under the Income Tax Act (Canada) and the Income Tax Act (Manitoba), or is specifically exempted from filing income tax but is a permanent resident of the Province of Manitoba; and
3.1.4. Is not a government-funded research station, agency or institution.
4.1. Eligible Participants are required to submit a completed and signed Application Form as prescribed by the Program Administrator on or before September 1, 2011.
4.2. Application Forms are to be completed and signed by the Eligible Participant, including a declaration confirming they have met the conditions of the Program.
4.3. In the case of corporations, partnerships, cooperatives, communes and First Nations, the application form must be signed by a properly authorized person. If the person who signs is not properly authorized to do so, they will be held personally liable. Proof of authorization may be required by the Program Administrator.
4.4. Designates of the Eligible Participant are not permitted to sign the Program documentation unless they are a duly authorized Power of Attorney or an executor/executrix, proof of which is to be provided with the signed document.
5. Eligible Losses for Compensation and Program Payments
5.1. The Program will reimburse Eligible Participants for reasonable losses incurred as a direct result of the high water levels in the Lake Manitoba Flood Zone as calculated by the Program Administrator. Claims must be accompanied by sufficient evidence and documentation to verify the amount of losses incurred.
5.2. Principal Residences – Individuals who owned or occupied a Principal Residence within the Flood Zone as of May 1, 2011 may be reimbursed for:
5.2.1. Actual expenses incurred for flood mitigation measures taken to protect Principal Residence from flood damage.
5.2.2. Reasonable expenses incurred for cleanup and removal of flood mitigation materials and debris.
5.2.3. Restoration of land impacted by flood mitigation measures to its original condition as of May 1, 2011.
5.2.4. Additional living costs incurred as a result of forced temporary relocation due to flooding from a Principal Residence.
5.2.5. Ninety (90) percent of the cost of restoring the Principal Residence (building and infrastructure) to pre-flood condition from damages due to flooding, based on the reasonable Repair Cost or Replacement Cost, whichever is less. If permanent protection against future flood conditions is undertaken in a manner approved by the Program Administrator, the payment will increase to 100%.
5.2.6. The value of damage to inventory and personal property of Principal Residence due to flooding, as of the date of loss.
5.2.7. Payments under 5.2 will be limited to a maximum of ($200,000 without approved permanent protection, or $222,222 with approved permanent protection) or the current fair market value of the asset without the flood, whichever is less.
5.3. Non-Principal Residences – Individuals who owned or occupied a Non-Principal Residence within the Flood Zone as of May 1, 2011 may be reimbursed for:
5.3.1. Actual expenses incurred for flood mitigation measures taken to protect Non-Principal Residence from flood damage.
5.3.2. Reasonable expenses incurred for cleanup and removal of flood mitigation materials and debris.
5.3.3. Ninety (90) percent of the cost of restoring the Non-Principal Residence (building and infrastructure) to pre-flood condition for damages due to flooding, based on the reasonable Repair Cost or Replacement Cost, whichever is less. If permanent protection against future flood conditions is undertaken in a manner approved by the Program Administrator, the payment will increase to 100%.
5.3.4. Payments under 5.3 will be limited to a maximum of ($90,000 without approved permanent protection, or $100,000 with approved permanent protection) or the current fair market value of the asset without the flood, whichever is less.
5.4. Businesses – Individuals who owned or occupied a Business within the Flood Zone as of May 1, 2011 may be reimbursed for:
5.4.1. Actual expenses incurred for flood mitigation measures taken to protect Business from flood damage.
5.4.2. Reasonable expenses incurred for cleanup and removal of flood mitigation materials and debris.
5.4.3. Ninety (90) percent of the cost of restoring damage to Business (building and infrastructure) due to flooding to pre-flood condition, based on the reasonable Repair Cost or Replacement Cost, whichever is less, to a maximum of the May 1, 2011 fair market value of the asset.
5.4.4. The value of damage to inventory of Business due to flooding, as of the date of loss.
6. Eligible Expenses
6.1. Monetary costs and income losses associated with items and activities listed in Section 5 must be verified with sufficient documentation.
6.2. The Eligible Participant’s and any Non-Arms Length Labour time for cleanup of debris and flood mitigation will be reimbursed at minimum wage based on reasonable times determined by the Program Administrator. Foregone gross wages will be limited to a maximum of $20 per hour. For such mitigation and cleanup time, the Eligible Participant may be compensated for either labour or forgone wages, but not both.
6.3. The use of necessary equipment owned by the Eligible Participant will be reimbursed at a rate not exceeding that outlined in the Manitoba Farm Machinery Rental and Custom Rate Guide and the Heavy Equipment Association Guide Book.
6.4. The Program Administrator may specify a maximum eligible payment for labour, equipment use, and removal of flood mitigation materials.
7. Termination of the Program:
7.1. The Minister may terminate the Program at any time, without prior notice.
8. Verification and Declarations:
8.1. The Eligible Participant agrees to supply the Program Administrator with all documentation or information required to verify and administer the Program.
8.2. The Eligible Participant agrees that the Program Administrator will have full access to their residence and/or business operation to verify eligibility and to determine payments under the Program.
8.3. The Program Administrator may verify any information submitted to the program through audits.
8.4. The Eligible Participant expressly authorizes the Program Administrator to obtain information from any government department, agency or third party for the purposes of verifying the basis of the Program payments or any other information provided by the Eligible Participant under the Program.
8.5. The Eligible Participant consents to the Program Administrator releasing any information provided or obtained to any government department, agency or third party for the purposes of auditing and evaluating the Program, verifying the application or determining the Eligible Participant’s eligibility for the Program or other related programs.
8.6. The Eligible Participant agrees to disclose payments or in-kind contributions received or receivable in respect of the activities and objectives of the Program, including from the Manitoba Emergency Measures Organization.
8.7. The Eligible Participant shall indemnify the Province of Manitoba and its appointed representatives against any loss, damage or award arising from any demand, claim or proceeding claiming for animals or personal injury (including death), accident or property damage occurring during the verification process.
9. Waiver of Liability:
9.1. The Eligible Participant acknowledges that the Province of Manitoba, MAFRI and MASC are not liable to the Eligible Participant, the Eligible Participant’s heirs, administrators and assigns for personal injury, property damage, or any other damage, injury, claim or loss whatsoever arising out of this
Program and the Eligible Participant’s participation in it.
10.1. If it is determined by the Program Administrator that a payment in contravention of these Terms and Conditions and/or the laws of the Province of Manitoba or Canada, has been received by the Eligible Participant, such payment will be considered to be a debt owing by the Eligible Participant to MASC. The Eligible Participant agrees to refund such payment to MASC within thirty (30) days of notice being provided to them. The Eligible Participant’s failure to refund such payment by the prescribed deadline may result in the debt being set off against money owed by MASC to the Eligible Participant. Interest charges based on an annual interest rate of 5.0% will be added to any debt not repaid by the prescribed deadline.
11. False or Misleading Information:
11.1. Program applicants and Eligible Participants who provide false or misleading information to the Program Administrator may forego all Program payments, and be liable to repay all Program payments they have received and may be subject to prosecution.
12. Debts to Governments or Third Parties:
12.1. Program payments may be deducted and applied to any debts owed by the Eligible Participant to the Province of Manitoba or MASC.
13. Ministerial Discretion:
13.1. The Minister has the absolute discretion to determine any payments under this Program notwithstanding the Program Terms and Conditions.
14. Representations and Warranties:
14.1. The Eligible Participant represents and warrants that the person signing is duly authorized to make this application, bind the Eligible Participant, and, in the case of a partnership, bind the partners to these Program Terms and Conditions on the basis of joint liability.
15.1. The Minister will establish an appeal committee to deal with objections or complaints respecting the making of, or the failure or refusal to make a payment under this Program. Appeals must be received by March 15, 2012.