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1st Session, 40th 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 or view the online bilingual version (PDF).

Bill 23

THE LOCAL GOVERNMENT STATUTES AMENDMENT ACT


Explanatory Note Bilingual version (PDF)

(Assented to                                         )

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

PART 1

AMENDMENTS TO

MUNICIPAL ACT

C.C.S.M. c. M225 amended

1           The Municipal Act is amended by this Part.

2           Subsection 83(1) is amended

(a) in the French version of the section heading, by striking out "Fonctions" and substituting "Obligations";

(b) in the French version in the part before clause (a), by striking out "ont pour fonctions" and substituting "ont l'obligation"; and

(c) by adding the following after clause (d):

(d.1) to comply with the code of conduct for members of council;

3           The following is added after section 84:

Code of conduct for members of council

84.1(1)     A council must establish a code of conduct that applies to the members of council.

Content of code

84.1(2)     The code of conduct is to set guidelines that define the standards and values that the council expects members to meet in their dealings with each other, employees of the municipality and the public.

Censure

84.1(3)     A council may censure a member if it determines that the member has breached the code of conduct.

Approval of resolution

84.1(4)     To be approved, the number of members who must affirm the resolution to censure is the majority of all the members, plus one.

4           Clause 91(d) is replaced with the following:

(d) subject to section 92, an employee of the municipality and an employee of an affiliated body of the municipality.

5(1)        Subsection 92(1) is replaced with the following:

Definition of "employee"

92(1)       In this section, "employee" means a person employed by

(a) a municipality; or

(b) an affiliated body — including a committee, commission, board, association or other entity — of a municipality;

but does not include a person who volunteers services to the municipality, whether or not the person receives reasonable compensation or expense money from the municipality for his or her voluntary service.

Interpretation: "affiliated body"

92(1.1)     For the purpose of this section, a body is affiliated with a municipality if a majority of the members of the body, or a majority of the members of the board of management or board of directors of the body, are appointed by

(a) the council of the municipality; or

(b) the council of the municipality and the council of one or more other municipalities.

5(2)        Clause 92(2)(b) is amended by adding "affiliated" before "body".

5(3)        Subsection 92(4) is replaced with the following:

Leave of absence for municipal election

92(4)       An employee who proposes to become a candidate for election as a member of the council of the municipality by which he or she is employed, or the municipality for which his or her employer is an affiliated body, may request a leave of absence and, subject to subsection (4.1), the application must be granted.

Request for leave

92(4.1)     A municipality or affiliated body must grant an employee's request if the request

(a) is made to the chief administrative officer of the municipality or the administrative head of the affiliated body, as applicable; and

(a) is, as specified by the employee, for all or part of the period

(i) starting on the last day on which nomination papers may be filed in the election, and

(ii) ending not later than 30 days after the day on which the results of the election are officially declared.

5(4)        Subsection 92(5) is amended in the part before clause (a) by adding "or the administrative head of the affiliated body, as applicable," after "chief administrative officer".

5(5)        Subsection 92(7) is replaced with the following:

Election as member of council or committee of L.U.D.

92(7)       In the following circumstances, an employee who is elected as a member of the council or the committee of a local urban district must be placed on a leave of absence without pay for a period starting on the day of the election and ending on the earlier of the day that is eight years and one month after the day of the election, or the day that is one month after the day the employee ceases to hold the elected office:

(a) if the employee is elected as a member of council of the municipality that employs the employee;

(b) if the employee is elected as a member of the committee of a local urban district in the municipality that employs the employee;

(c) if the employee is employed by an affiliated body of the municipality, and he or she is elected as a member of council of the municipality or the committee of a local urban district in the municipality.

5(6)        In the following provisions, "or affiliated body" is added after "municipality":

(a) subsection 92(8), in the part before clause (a);

(b) clause 92(11)(b);

(c) subsection 92(12).

5(7)        Subsection 92(10) is amended by striking out "to be reinstated and, as long as the employee is not a member of the council" and substituting "or affiliated body to be reinstated and, as long as the employee is not a member of the council or the committee of a local urban district in the municipality".

6           The following is added after subsection 113(1):

Eligibility for nomination and election

113(1.1)    To be eligible to be nominated as a candidate and elected as a member of the committee of a local urban district, a person must

(a) meet the requirements of subsection 90(1); and

(b) have been, for at least six months immediately before election day,

(i) a resident of the local urban district, or

(ii) a registered owner, as defined in The Municipal Assessment Act, of land in the local urban district;

7           Clause 113(2)(b) is repealed.

8           Clause 174(1)(a) is amended by adding "passed in accordance with section 174.1" at the end.

9           The following is added after section 174:

Passing a borrowing by-law

174.1(1)    The council must give public notice before giving first reading to a borrowing by-law that authorizes the municipality to

(a) issue debentures; and

(b) use the money borrowed to fund a capital project that has been included in the financial plan adopted under section 162.

Content of public notice of borrowing by-law

174.1(2)    The public notice must

(a) state the date, time and place of the council meeting at which the borrowing by-law will be read for the first time; and

(b) include

(i) a general description of the capital project to be funded by the borrowing,

(ii) an estimate of the total cost of the capital project,

(iii) a statement of the amount to be borrowed,

(iv) a statement of the other sources of funding, if any, to be used to pay for the project, and the amount of funding to be provided from each of those sources,

(v) the anticipated maximum rate of interest, the term and the terms of repayment of the borrowing, and

(vi) the estimated rates of taxation necessary to repay the borrowing.

When public notice is not required

174.1(3)    Despite subsection (1), public notice is not required for a borrowing that is made in respect of a local improvement plan, if notice of the plan has been given under section 318 (notice of plan).

10          The following is added after Division 5 of Part 6:

DIVISION 5.1

AUDIT CONDUCTED

BY AUDITOR GENERAL

Audit by Auditor General

198.1(1)    If the Auditor General makes recommendations regarding the operations of a municipality as a result of an audit conducted under section 15 of The Auditor General Act, the head of council of the municipality must table a copy of the report at the first council meeting after the Auditor General's report becomes public.

Response of council

198.1(2)    The council must adopt a response to any recommendations of the Auditor General as soon as reasonably practicable after the report is tabled. If the response indicates that a measure is to be implemented, the response must specify the time period in which it is to be fully implemented.

Reporting on implementation

198.1(3)    If the response includes a time period in which a measure is to be implemented, the head of council must report to the council on the status of the implementation at least annually until the measure is fully implemented.

11          The following is added after subsection 250(2):

Policy re private works

250(3)      The council of a municipality that uses municipal equipment, materials and labour to carry out private works on private property must establish a policy on private works.

Council to set charges for private works

250(4)      A policy on private works must set out the rates or charges, or the method of fixing the rates or charges, to be charged for the private work before private works are carried out on private property.

Application

250(5)      For certainty, a rate or charge specified or fixed by the council in the policy on private works is a charge referred to in clause 252(1)(a).

12          The following is added after section 251:

Public tendering and procurement policy

251.1       The council of a municipality must establish a public tendering and procurement policy in respect of the municipality's acquisition of goods or services by purchase, hire-purchase, lease, rental or other agreement, which may

(a) establish criteria for soliciting procurements by public tenders or other forms of competitive bids;

(b) establish forms of contract and determine when they are to be used; and

(c) govern the process for awarding contracts of procurement.

PART 2

AMENDMENTS TO OTHER LOCAL

GOVERNMENT STATUTES

Municipal Council Conflict of Interest Act

C.C.S.M. c. M255 amended

13(1)       The Municipal Council Conflict of Interest Act is amended by this section.

13(2)       Subsection 3(2) is repealed.

13(3)       Clauses 10(a), (b) and (g) are amended by striking out "in the municipality" wherever it occurs and substituting "in Manitoba".

Municipal Councils and School Boards Elections Act

C.C.S.M. c. M257 amended

14(1)       The Municipal Councils and School Boards Elections Act is amended by this section.

14(2)       Item 3 of subsection 42(1) is amended by striking out "by subsection (2) or (3)" and substituting "under subsection (2)".

14(3)       Subsections 42(2) and (3) are replaced with the following:

Number of voters required

42(2)       The number of voters required to support a nomination is as follows:

(a) to become a candidate for a ward in a local authority, the lesser of

(i) 25 voters whose names appear on the voters list for the ward, or

(ii) 1% of the total number of voters whose names appear on the voters list for the ward, but at least two voters;

(b) to become a candidate for an office that is elected by all the eligible voters of a local authority, the lesser of

(i) 25 voters whose names appear on the voters list of the local authority, or

(ii) 1% of the total number of voters whose names appear on the voters list of the local authority, but at least two voters;

(c) despite clause (b), to become a candidate for the office of mayor of The City of Winnipeg, 250 voters whose names appear on the voters list of the city.

14(4)       Subsection 106(1) of the English version is amended in the first paragraph of Rule 3 by adding "it" after "rejected if".

PART 3

COMING INTO FORCE

Coming into force: royal assent

15(1)       Subject to this section, this Act comes into force on royal assent.

Coming into force: January 1, 2013

15(2)       Sections 2, 3, 8, 9, 11 and 12 come into force on January 1, 2013.

Coming into force: January 1, 2014

15(3)       Sections 4, 5, 6, 7 and 14 come into force on January 1, 2014.

Coming into force: November 1, 2014

15(4)       Section 13 comes into force on November 1, 2014.

Explanatory Note

This Bill amends three statutes that relate to local government.

Municipal Act

Councils are required to establish a code of conduct for council members. A member who is found to have breached the code may be censured by the council.

Employees of bodies that are affiliated with a municipality are disqualified from being elected to the council of the municipality. The provisions that apply when a municipal employee seeks or is elected to a public office are extended to apply to employees of bodies that are affiliated with the municipality.

A council must give public notice before considering a borrowing by-law that authorizes the municipality to issue debentures to fund a capital project that has been included in its financial plan.

When the Auditor General makes recommendations regarding the operations of a municipality, the council is required to adopt a response. If the response includes implementing measures or actions, the council must establish time lines for implementing them and must report annually on the status of their implementation.

Councils are required to establish a procurement policy and, if the municipality does private work on private land, a policy on the performance of such work.

An amendment is also made to require a candidate for election as a member of a committee of a local urban district to be a resident of, or own property within, the district.

Municipal Council Conflict of Interest Act

This Act is amended to require a councillor to include in the disclosure statement filed under the Act all land that the councillor owns in the province.

Municipal Councils and School Boards Elections Act

This Act is amended to require persons who sign nomination papers for a candidate in a ward to be on the voters list for the ward.