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Second 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 32

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, c. 10 amended

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

2           Clause 5(4)(a) is replaced with the following:

(a) in the twelve month period prior to May 1, 2002;

(a.1) in 2009;

3           Subsection 6(3) is replaced with the following:

Criteria for boundaries

6(3)        In fixing the boundaries of a ward the commission must consider

(a) the community or diversity of interests of the residents of the ward;

(b) the means of communication between the various parts of the ward;

(c) the physical features of the ward;

(d) all other similar and relevant factors;

and, to the extent possible, must include the whole area of a historic community or neighbourhood in the same ward.

Variation in population base

6(3.1)      The commission may allow a variation of up to 25% more or less than the quotient in the population of a ward where in its opinion the considerations mentioned in subsection (3) make the variation desirable.

4           The following is added after section 138.3:

By-laws re tax credits for buildings in designated areas

138.4        The council may by by-law establish a program of grants, property tax credits or refunds to encourage and assist in the construction, renovation or preservation of buildings within an area designated by council and any such by-law shall include provisions

(a) prescribing types or classes of buildings eligible for a grant, tax credit or refund;

(b) establishing terms and conditions under which a grant, tax credit or refund may be provided or terminated;

(c) establishing criteria for determining

(i) the amount of a grant, tax credit or refund,

(ii) the maximum annual grant, tax credit or refund, and

(iii) the period of time in which a grant, tax credit or refund may be paid out to an owner or applied to taxes;

(d) respecting eligibility criteria for recipients of grants, tax credits or refunds; and

(e) respecting any other matter that the council considers necessary or advisable.

Review of program in fifth year

138.4(2)    A by-law passed under subsection (1) expires five years after the day it is passed unless the council, in the fifth year, reviews the program and approves continuation of the by-law.

5           Subsection 181(1) is amended by striking out "three" wherever it occurs in the section heading and in the subsection and substituting "four".

6           The following is added after subsection 351(5):

How frontage rate money may be used

351(6)      Money from a frontage rate may be used for the repair and replacement of

(a) water and sewer mains; and

(b) streets and sidewalks in residential areas.

Transitional

351(7) Money that was collected from a frontage rate under this section before the coming into force of subsection (6) may be used only for the repair and replacement of water and sewer mains.

Coming into force

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

Explanatory Note

This Bill requires the Wards Boundaries Commission for the City of Winnipeg to prepare a report before May 1, 2002.  In preparing their report, the Commission may vary the population quotient by 25%.

The Bill enables the City to provide tax credits to encourage and assist in the construction, renovation or preservation of buildings within areas designated by council.

This Bill permits frontage rate revenues to be used for the repair and replacement of residential streets and sidewalks, along with water and sewer mains.

Finally, a technical amendment is made in order to ensure the business assessment cycle is consistent with the property assessment cycle.