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First Session, Thirty-Seventh Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 2

THE CITY OF WINNIPEG AMENDMENT ACT


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

S.M. 1989-90, c. 10 amended

1           The City of Winnipeg Act is amended by this Act.

2           The following is added after section 418:

City may file order against land

418.1(1)    Where the city has passed a by-law under clause 418(1)(a) and pursuant to the by-law has issued an order under subsection 418(3) respecting premises, the city may file a certified copy of the order in the Winnipeg Land Titles Office against the land that is the subject of the order.

Content of order

418.1(2)    The order shall include

(a) a description of the land and the premises which are the subject of the order; and

(b) a statement that the premises do not comply with the by-law passed under clause 418(1)(a).

District registrar shall register order

418.1(3)    The district registrar shall register the order against the title or abstract of title of the land described in the order.

Subsequent purchasers deemed served

418.1(4)    A person who acquires an interest in land on or after the date on which an order is registered against it under subsection (3) is deemed to have been personally served with the order on the date of registration.

City shall discharge registration upon compliance

418.1(5)    Where the city determines that an order registered under subsection (3) has been complied with, the city shall file a notice of discharge in the Winnipeg Land Titles Office in the form prescribed under The Real Property Act.

3           The following is added after section 439:

City may file notices or orders against land

439.1(1)    Where the health officer has issued a notice or order under subsection 439(1) or (7) respecting a building, premises or terrace, the city may file a certified copy of the notice or order in the Winnipeg Land Titles Office against the land that is the subject of the notice or order.

Content of notice or order

439.1(2)    The notice or order shall include

(a) a description of the building, premises or terrace and the land which are the subject of the notice or order; and

(b) a statement that the building, premises or terrace does not comply with this Act, a by-law made under this Act or The Public Health Act.

District registrar shall register notice or order

439.1(3)    The district registrar shall register the notice or order against the title or abstract of title of the land described in the notice or order.

Subsequent purchasers deemed served

439.1(4)    A person who acquires an interest in land on or after the date on which a notice or order is registered against it under subsection (3) is deemed to have been personally served with the notice or order on the date of registration.

City shall discharge registration upon compliance

439.1(5)    Where the city determines that a notice or order registered under subsection (3) has been complied with, the city shall register a notice of discharge in the Winnipeg Land Titles Office in the form prescribed under The Real Property Act.

4           The following is added after section 467:

City may file order against land

467.1(1)    Where the city has passed a by-law under subsection 467(1.1) and pursuant to the by-law has issued an order respecting premises, the city may file a certified copy of the order in the Winnipeg Land Titles Office against the land that is the subject of the order.

Content of order

467.1(2)    The order shall include

(a) a description of the land and the premises which are the subject of the order; and

(b) a statement that the premises do not comply with the by-law passed under subsection 467(1.1).

District registrar shall register order

467.1(3)    The district registrar shall register the order against the title or abstract of title of the land described in the order.

Subsequent purchasers deemed served

467.1(4)    A person who acquires an interest in land on or after the date on which an order is registered against it under subsection (3) is deemed to have been personally served with the order on the date of registration.

City shall discharge registration upon compliance

467.1(5)    Where the city determines that an order registered under subsection (3) has been complied with, the city shall file a notice of discharge in the Winnipeg Land Titles Office in the form prescribed under The Real Property Act.

5           The following is added after section 490:

REGISTRATION OF NOTICES OR ORDERS AGAINST LAND

City may file notices or orders against land

490.1(1)    Where the city has issued a notice or order under clause 473(1)(k) or section 477, 484 or 485 respecting a building, the city may file a certified copy of the notice or order in the Winnipeg Land Titles Office against the land that is the subject of the notice or order.

Content of notice or order

490.1(2)    The notice or order shall include

(a) a description of the building, and the land that is the subject of the notice or order; and

(b) a statement that the building, does not comply with this Act or a by-law made under this Act.

District registrar shall register notice or order

490.1(3)    The district registrar shall register the notice or order against the title or abstract of title of the land described in the notice or order.

Subsequent purchasers deemed served

490.1(4)    A person who acquires an interest in land on or after the date on which a notice or order is registered against it under subsection (3) is deemed to have been personally served with the notice or order on the date of registration.

City shall discharge registration upon compliance

490.1(5)    Where the city determines that a notice or order registered under subsection (3) has been complied with, the city shall file a notice of discharge of the notice or order in the Winnipeg Land Titles Office in the form prescribed under The Real Property Act.

Coming into force

6           This Act comes into force on the day it receives royal assent.

Explanatory Notes

This Bill amends The City of Winnipeg Act by adding new provisions that allow the city to register the following types of orders against land:

•   orders prohibiting nuisances;

•   orders regulating untidy and unsightly premises;

•   orders issued by the health officer regarding unsanitary premises;

•   orders requiring compliance with city by-laws regarding fire prevention;

•   orders requiring compliance with city by-laws regarding building standards.