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4th Session, 40th Legislature

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Bill 39

THE CITY OF WINNIPEG CHARTER AMENDMENT AND PUBLIC INTEREST DISCLOSURE (WHISTLEBLOWER PROTECTION) AMENDMENT ACT (ENHANCING LOCAL TRANSPARENCY AND ACCOUNTABILITY)


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

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

PART 1

THE CITY OF WINNIPEG CHARTER

S.M. 2002, c. 39 amended

1           The City of Winnipeg Charter is amended

by this Part.

2           Subclause 47(1)(a)(iv) is amended by striking out "clause 74(a)" and substituting "section 87.1".

3           Clause 74(a) is amended by striking out ", the conduct of members of council and the conduct of members of council committees and other bodies established by the council".

4           The following is added after section 87 and before the centred heading that follows it:

DIVISION 7

CONDUCT

Code of conduct for members

87.1(1)     Council must establish a code of conduct that applies to members of council, committees of council and other bodies established by council.

Purpose and content

87.1(2)     The code of conduct is to

(a) acknowledge that the primary role of council, its committees and other bodies is to provide leadership for the good governance of the city;

(b) recognize that the behaviour of members reflects on council and on the city as a whole; and

(c) set standards and outline behaviours and actions that will promote public confidence in the elected and appointed members individually, as well as council, its committees and other bodies.

Review

87.1(3)     Council must review the code of conduct at least once during each four-year term of office.

5           The following is added after section 205:

Policies re dealing with land

205.1(1)    Council must establish policies governing the city's acquisition and disposition of land.

Principles

205.1(2)    Council must ensure that the policies are based on the following principles:

Integrity:  The city and its representatives must adhere to the highest standards and ideals when acquiring or disposing of land.

Public interest: T he city must ensure that each decision to acquire or dispose of land is made in the best interests of the citizens of Winnipeg.

Fiscal accountability: The city must exercise fiscal accountability to obtain the best value when acquiring or disposing of land.

Transparency: The city must ensure that the public is informed of dispositions and potential dispositions of land in a manner that provides appropriate accountability for decisions.

Accessibility: The city must ensure that the policies are clearly articulated and are readily available to the public.

Land appraisals

205.1(3)    Without limitation, the policy governing the disposition of land is to establish guidelines

(a) respecting when appraisals of particular parcels must be carried out, and requiring the appraisals to be presented to the person or body who is authorized to approve the disposition, before the disposition is approved;

(b) establishing types or classes of parcels and the type of appraisals, if any, that must be carried out in respect of particular types or classes;

(c) for determining if an appraisal is current enough to be relied upon by the person or body who is authorized to approve the disposition;

(d) for making appraisals available to the public after a disposition is complete; and

(e) respecting qualifications of appraisers.

6           Section 214 is replaced with the following:

Procurement policy

214         Council must establish a public tendering and procurement policy in respect of the city's acquisition of goods or services by purchase, hire-purchase, lease, rental or other agreement, which must

(a) establish criteria for soliciting procurements by competitive bids;

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

(c) govern awards of contracts of procurement; and

(d) establish ethical standards for persons involved in procurement by the city.

PART 2

THE PUBLIC INTEREST DISCLOSURE

(WHISTLEBLOWER PROTECTION) ACT

C.C.S.M. c. P217 amended

7           The Public Interest Disclosure (Whistleblower Protection) Act is amended by this Part.

8           Section 2 is amended

(a) in clause (b) of the definition "chief executive", by adding "subject to section 2.1," before "in relation to"; and

(b) in the definition "government body", by striking out "and" at the end of clause (d) and adding the following after clause (d):

(d.1) The City of Winnipeg;

(d.2) a municipality that is designated in the regulations as a government body for the purposes of this Act;

(d.3) a local government district that is designated in the regulations as a government body for the purposes of this Act; and

9           The following is added after section 2 and before the centred heading that follows it:

Application: chief executive

2.1         For certainty, the chief executive of

(a) The City of Winnipeg or a municipality is its chief administrative officer; and

(b) a local government district is the resident administrator of that local government district.

10          Clause 24(3)(b) is replaced with the following:

(b) in the case of a government body, to the following:

(i) if the government body is The City of Winnipeg or a municipality, to the head of its council,

(ii) if the government body is a local government district, to the minister responsible for The Local Government Districts Act,

(iii) for any other government body, to the board of directors of the government body and to the minister responsible; or

11          Clause 25(2)(b) is replaced with the following:

(b) in the case of a government body, to the following:

(i) if the government body is The City of Winnipeg or a municipality, to the head of its council,

(ii) if the government body is a local government district, to the minister responsible for The Local Government Districts Act,

(iii) for any other government body, to the board of directors of the government body and to the minister responsible; or

12          Clause 36(a) is amended by adding ", a municipality or a local government district" after "public sector body".

PART 3

COMING INTO FORCE

Coming into force

13(1)       This Act, except section 5, comes into force on January 1, 2016.

Coming into force: section 5

13(2)       Section 5 comes into force on July 1, 2016.

Explanatory Note

Part 1 of this Bill amends The City of Winnipeg Charter. Under that Part, city council is required to establish a code of conduct that applies to members of council, and committees and other bodies established by council, and to review the code at least every four years.

City council is also required to establish policies governing the city's acquisition and disposition of land and tendering and procurement.

Part 2 extends the protections under The Public Interest Disclosure (Whistleblower Protection) Act to the city and its employees. The government may, by regulation, identify other municipalities or local government districts to be covered by that Act.