Skip to main content
The City of Winnipeg Amendment Act

S.M. 1989-90, c. 8

Bill 32, 2nd Session, 34th Legislature

The City of Winnipeg Amendment Act

(Assented to November 3, 1989)

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

Re-enacted City of Winnipeg Act amended

1           The City of Winnipeg Act, as re-enacted by The Statute Re-enactment and By-law Validation (Winnipeg) Act, is amended by this Act.

Section 1 amended

2           Section 1 is amended as follows:

(a) by adding the following in alphabetical order within the section:

"city administrator" means an employee of the city who is a city manager, chief commissioner, chief administrative officer, head of an administrative division, head or deputy head of a department, or commissioner; («administrateur de la Ville»)

(b) by striking out "22" in the definition of "community" and substituting "35".

Sections 7 to 41 rep. and sub.

3           Sections 7 to 41, except sections 11 and 12, are repealed and the following is substituted:

COUNCIL

Powers of city exercised by council

7           The powers of the city under this Act shall be exercised by council.

Composition of council

8(1)        The council for the city shall consist of a mayor and elected councillors.

Election of mayor

8(2)        The mayor shall be elected by the electors of the city.

Election of councillors

8(3)         One councillor shall be elected by the electors of each ward.

Term of office

9           The mayor and each councillor shall hold office for a term of three years, commencing on the first Tuesday in November that follows the declaration of the returning officer of the result of the election of members, and ending on the first Tuesday in November that follows the declaration of the returning officer of the result of the election of members of the next council.

Declaration by mayor and councillors

10          Before entering the duties of their offices, the mayor and each councillor shall make a statutory declaration as follows:

I, (name) do solemnly promise and declare that I will truly, faithfully and impartially, to the best of my knowledge and ability, execute the office to which I have been elected, and that I have not received and will not receive any payment or reward, or the promise of payment or reward, for the exercise of partiality, corruption or other improper execution of the office.

Council Meetings

Place of meetings

11          Council shall hold its meetings and transact the business of the city within the boundaries of the city unless council otherwise decides by resolution.

First meeting

12(1)       The first meeting of council shall be held on the first Tuesday in November following the election of council, at 8:00 p.m., at the place of the last meeting of the retiring council.

Regular meetings of council

12(2)       Meetings of council following the first meeting shall be held on the days, and at the times and places, that council, by by-law, decides; and council may, by resolution, set the days, times and places of its regular meetings by adopting a by-law enacted by a former council.

Adjournment

13          A meeting of council at which a quorum is present may be adjourned by the council to another hour of the same day or to the next day without giving notice of the adjournment to members who are not present; but notice of an adjournment, other than an adjournment from day to day, shall be given to all members in the same manner as notice of a special meeting.

Minutes

14(1)       Council shall cause minutes of its proceedings to be kept.

Quorum

14(2)       At meetings of council, a majority of the total number of members is required to constitute a quorum.

Where no quorum present

14(3)       Where, at a meeting of council, no quorum is present 30 minutes after the meeting is scheduled to begin, the council shall stand adjourned and the clerk shall record in the minutes the names of the members who are present at the time of adjournment.

Majority decision

15(1)       All acts authorized or required by this Act to be done by the council, and all other questions that come before the council shall, except where otherwise provided, be decided by a majority of the members of council that are present.

Procedure

15(2)       Council shall, by by-law, make rules to regulate its procedure and the procedure of its committees.

Meetings to be open to the public

16(1)       The meetings of council shall be open to the public, and no person shall be excluded, except for disorderly conduct.

Expulsion for disorderly conduct

16(2)       The presiding officer may expel and exclude from a meeting of council a person, including a member of council, whose behaviour is disorderly.

In camera meetings of committees

17(1)       Where, in the opinion of not less than 2/3 of the total number of members of a standing committee or executive policy committee, a matter is within a category of matters which may in a by-law under subsection (2) be considered in camera, the committee may do so, and the reasons for doing so shall be recorded in the minutes of the meeting.

By-law approving in camera matters

17(2)       Council may by by-law approve those categories of matters which may be considered in camera by a standing committee or executive policy committee.

Voting obligatory

18(1)       Every member of council, including the chairperson of a meeting, present when a question is put, shall vote on the question unless excused by a majority of the council then present, or prohibited from voting by this Act or The Municipal Council Conflict of Interest Act.

Tie vote

18(2)       At a meeting of council, a question on which there is an equal number of votes is deemed to be decided in the negative.

Voting to be open

18(3)       Every vote by the members shall be taken by open voting and, if requested by a member, the vote of each member shall be recorded in the minutes of the meeting.

Effect of meeting not taking place

19          Council is not dissolved by reason of any meeting of council not taking place.

Petitions

20          Subject to subsection 580(3) (refusal of certain petitions), council shall receive a petition sent to the council, and the petition shall be read at a meeting of council.

Hearing of parties

21          A person who makes a presentation before council, a committee of council or a community committee may be heard in person or through another person acting on behalf of the person.

Special Meetings

Convening

22(1)       Special meetings of council may be convened at any time on the request of the mayor or by not less than eight of the members, by giving reasonable notice of the meeting to all members.

Notice

22(2)       A notice of a special meeting shall

(a) be in writing;

(b) mention the matters to be considered at the meeting; and

(c) be delivered or mailed to the members.

Minutes to include notice

22(3)       Council shall cause to be recorded in the minutes of a special meeting the manner in which notice of the meeting is given.

Effect of notice not being given

22(4)       Where on the opening of a special meeting of council it appears that the notice of the meeting has not been given to absent members, no business shall be transacted; but the presence of a member at the meeting waives the requirement of notice as far as the member is concerned.

Agenda

22(5)       At a special meeting of council, no matter other than that mentioned in the notice of the meeting shall be considered.

Emergency Meetings

Convening

23(1)       Where a state of emergency is declared under an Act of the Legislature or an Act of Parliament, or where, in the opinion of the mayor, an emergency exists owing to a strike, civil disorder or disaster, or an apprehended strike, civil disorder or disaster, an emergency meeting of council may be called by the mayor after giving such notice to the members as the mayor considers reasonable in the circumstances.

Place of meeting

23(2)       The mayor may decide where an emergency meeting is to be held.

Agenda

23(3)       At an emergency meeting, only such business as arises out of or is incidental to the emergency shall be transacted.

Minutes to include notice

23(4)       Council shall cause to be recorded in the minutes of an emergency meeting the manner in which notice of the meeting is given.

Unauthorized Expenses

Unauthorized expenditure an offence

24(1)       A member of council who

(a) expends or authorizes the expenditure of moneys of the city without first being empowered to do so by by-law or resolution of council; or

(b) accepts, or votes in favour of paying to a person, including a member of council, an amount not authorized by this Act or any other Act, or an amount, for any purpose, greater than is permitted by this Act or any other Act;

is guilty of an offence, and for each such offence is liable to a fine of not more than $500. and, in default of payment, to imprisonment for not more than six months.

Civil liability

24(2)       A member of council who commits an offence under subsection (1) is, in addition to a penalty the member may incur under that subsection, liable to the city for the amount of the expenditure or payment in a civil action instituted against the member by the city or by an elector on behalf of, and for the benefit of, the city.

Exceptions

24(3)       Clause (1)(a) does not apply

(a) to a case where the expenditure of an amount not exceeding $1,000. is necessary and urgent

(i) to repair a public work of the city; or

(ii) for aiding a person in need within the city; or

(b) to an expenditure made in respect of an emergency where, under The Emergency Measures Act, a proclamation has issued declaring that a state of emergency exists in an area that comprises or includes the city or the part of the city in respect of which the expenditure is made.

Authorization

24(4)       An expenditure shall not be made in a case to which subsection (3) applies unless, before the expenditure is made, the mayor authorizes it.

Indemnities and Expenses

Indemnities of councillors

25(1)       Council may pass a by-law for paying annual indemnities to the members of council.

Amount of indemnity deemed expenses

25(2)       Where a member is paid an indemnity, 1/3 of the amount shall be deemed to be for expenses related to the discharge of the member's duties as a member of council.

Additional indemnities

25(3)       In addition to the indemnity referred to in subsection (1), council may, by by-law, provide additional indemnities to the following persons:

(a) the mayor;

(b) the deputy mayor;

(c) the presiding officer;

(d) members of executive policy committee;

(e) chairpersons of standing committees;

(f) members of subcommittees.

No other allowances

25(4)       No member is entitled to a payment or indemnity except as provided in this Act.

Out-of-pocket expenses

25(5)       Council may authorize payment of the traveling expenses of a member who is authorized by council to travel outside the limits of the city on the business of the city.

Review of indemnities

25(6)       Council may appoint an independent review board to review the indemnities and other monetary benefits paid to members, and may pay the costs of the review board.

Pension and Insurance Plans

Pension and insurance plans

26(1)       The city may

(a) by by-law, establish, maintain and regulate a pension plan for members of council; and

(b) enter into contracts of group insurance providing for benefits for members of council and their dependents;

and may, in addition to other rates and assessments for city purposes, levy and assess in every year a rate sufficient to furnish the amount required for the purposes of the pension plan and the contracts of group insurance.

Members are not employees

26(2)       For the purposes of any pension plan for members of council, and for the purposes of The Pension Benefits Act, members of council are not employees of the city.

Previous pensions plans

26(3)       The city may provide for the integration of a pension plan of the council of an area municipality with a pension plan the city establishes for the members of council.

Presiding Officer

Presiding officer and deputy

27(1)       At the first meeting of council following an election, and in November of each year after that, the council shall elect from among the councillors, a presiding officer and deputy presiding officer.

Mayor to chair part of first meeting

27(2)       The mayor shall chair the first meeting of council, until the presiding officer and deputy presiding officer are elected.

Eligibility for election

27(3)       Any member of council, except the mayor and a member of executive policy committee, may be elected to the position of presiding officer and deputy presiding officer.

Duties

27(4)       At a meeting of council, the presiding officer shall

(a) chair the meeting;

(b) maintain order and decorum; and

(c) decide questions of order, subject to appeal to council.

Absence

27(5)       In the absence of the presiding officer, the deputy presiding officer has the powers and duties of the presiding officer.

Participation in debates

27(6)       The presiding officer may at any time leave the chair and participate in the debate of council, and the deputy presiding officer shall chair the meeting until the presiding officer returns to the chair.

Acting presiding officer

27(7)       If the presiding officer and the deputy presiding officer are absent from a meeting of council, the members shall elect an acting presiding officer to preside over the meeting, and the acting presiding officer has the powers and duties of the presiding officer.

MAYOR

Head of council

28(1)       The mayor is the head of council and the chief officer of the city.

Ex officio member of committees

28(2)       The mayor is an ex officio member of each committee of council except community committees.

Mayor's appointments at first meeting

28(3)       Subject to subsection 29(4) (community committee representatives), at the first meeting of council following an election of members, and in November of each year after that, the mayor shall appoint a deputy mayor, an acting deputy mayor and the chairpersons of the four standing committees of council.

Absence

28(4)       In the absence of the mayor for any reason, the deputy mayor shall perform the duties and exercise the powers of the mayor.

Acting deputy mayor

28(5)       In the absence of the mayor and the deputy mayor, the acting deputy mayor shall perform the duties and exercise the powers of the mayor.

Suspension of by-law or resolution

28(6)       Where

(a) a resolution is adopted or passed by a vote of council, without a notice in writing given at a previous regular meeting of the council;

(b) the rules of council are suspended for the purpose of giving second and third readings to a by-law at one meeting; or

(c) in the opinion of the mayor, there is an error or omission in a by-law or resolution adopted by council authorizing the expenditure of money;

the mayor may, at any time within 48 hours after the resolution or by-law is passed or adopted by council, suspend its implementation by giving the clerk notice in writing; and the resolution or by-law shall have no force or effect unless a majority of the members of council present at a later meeting of council removes or over-rules the suspension.

EXECUTIVE POLICY COMMITTEE

E.P.C. established

29(1)       There shall be an executive policy committee, composed of the following persons:

(a) the mayor;

(b) the deputy mayor;

(c) the chairpersons of the four standing committees;

(d) four persons elected by council from among its members.

Chairperson

29(2)       The mayor is chairperson of executive policy committee.

Selection of members at first meeting

29(3)       At the first meeting of council following an election, and in November of each year, the mayor shall appoint the deputy mayor and chairpersons of standing committees, and subsequently, either at that meeting or at the next meeting, council shall elect four members to serve on executive policy committee.

Representation from all community committees

29(4)       The mayor shall appoint the deputy mayor and chairpersons of standing committees from not less than two community committees, and council shall, in electing the four members to serve on executive policy committee, include at least one member from each community committee that is not represented in the mayor's appointments.

Vacancy in E.P.C.

29(5)       Where a vacancy in the membership of executive policy committee occurs, the vacant position shall be filled as soon as possible

(a) in the case of a chairperson of a standing committee or the deputy mayor, by the mayor; and

(b) in the case of one of the four members elected by council, by the council.

Tie vote

29(6)       At a meeting of executive policy committee, a question on which there is an equal number of votes is deemed to be decided in the negative.

General duties of E.P.C.

30(1)       Executive policy committee shall

(a) formulate and present recommendations to council on policies, plans, budgets, by-laws and any other matter that affects the city as a whole;

(b) ensure the implementation of policies adopted by council;

(c) recommend to council the number, the powers and duties of the departments, administrative divisions, and city administrators;

(d) recommend to council persons for appointment as city administrators;

(e) supervise the city administrators; and

(f) recommend to council the suspension or dismissal of city administrators.

Co-ordination of standing committees by E.P.C.

30(2)       Executive policy committee

(a) shall co-ordinate the work of the standing committees;

(b) shall receive and consider reports and recommendations from standing committees;

(c) may refer, in whole or in part, any report and recommendation to a standing committee or city administrators; and

(d) shall forward to council, with its recommendations, the whole or any part of any report or recommendation received from a standing committee.

Council may delegate to E.P.C.

30(3)       Subject to section 105 (limit on delegation), council may, by by-law, delegate powers and duties to executive policy committee.

Council may exercise powers

30(4)       None of the duties of executive policy committee under subsection (1) is a condition precedent to the exercise of powers under this Act by council.

Effect of report

31(1)       No report, order or decision of executive policy committee, except one authorized by by-law, takes effect until it is adopted by council.

Reports from administration

31(2)       Executive policy committee shall receive and consider reports and recommendations from city administrators, and shall forward the reports and recommendations to council, with its own recommendations.

Community committees to be consulted

31(3)       Executive policy committee shall give each community committee an opportunity to make representations in respect of the annual capital budget and current budget, and shall forward to council any recommendations made by the community committees, with its own recommendations.

Documents to be available to members

32          A report, agenda or minutes of a meeting of executive policy committee shall be made available to a member of council, on the request of the member to the mayor.

STANDING COMMITTEES

Establishment

33(1)       Council shall by by-law establish four standing committees, and set out their respective duties and powers.

Delegation to standing committees

33(2)       Subject to section 105 (limit to delegation), council may delegate to a standing committee its powers or duties respecting

(a) the examination of a question;

(b) the management of any matter;

(c) the performance of specified duties, including the conduct of public meetings and inquiries.

E.P.C. members excluded

33(3)       No member of executive policy committee, except the mayor and the chairpersons of standing committees, shall be members of the standing committees.

Composition of standing committee

33(4)       Subject to subsections 28(2) (mayor is ex officio member), 28(3) (mayor's appointments) and 33(3), council shall

(a) establish by by-law the number of members who shall comprise each of the standing committees; and

(b) not later than the second meeting of council following an election, and in November of each year after that, elect each member to a standing committee, but shall not elect a member to more than one standing committee.

Advising E.P.C.

33(5)       In addition to the duties delegated to a standing committee under subsection (2), each standing committee may advise executive policy committee on policies for the city.

Effect of report or order

33(6)       No report, order or decision of a standing committee, except a report, order or decision authorized by a by-law, takes effect until it is adopted by council.

Subcommittee of standing committee

34(1)       A subcommittee of a standing committee may be established by council, or by a standing committee, to investigate and report on a matter within the responsibility of the standing committee.

Composition of subcommittees

34(2)       A subcommittee appointed under subsection (1) shall include one or more members of council, as decided by council or by the standing committee that establishes the subcommittee.

Election of chairperson

34(3)       If a subcommittee is composed of more than one member, the members shall, at the first meeting, elect one of them as chairperson of the subcommittee.

COMMUNITY COMMITTEES

Communities established

35(1)       The city shall be divided into six communities, and each community shall be named, and consist of the wards designated, by the Lieutenant Governor in Council on the recommendation of the minister

(a) following a report of The Winnipeg Wards Boundaries Commission; or

(b) on the application of council.

Community committees

35(2)       For each community established under subsection (1), there shall be a community committee composed of the councillors that represent the wards in the community.

Duties of community committees

36          Each community committee shall develop and implement techniques

(a) to maintain the closest possible communication between the city and the residents of the community, and shall carry out and ensure that the residents are given full opportunity to represent their views on policies, programs, budgets and delivery of services;

(b) to provide the residents of the community with information concerning existing and potential city policies, programs and budgets so as to facilitate their input concerning these matters; and

(c) to make the fullest and best use of the residents' advisory group for the community, in providing advice and assistance to the community committee in the committee's consideration of plans, zoning changes or proposed plans of subdivision, or any amendment, repeal or replacement of them.

Meetings of community committees

37(1)       Each community committee shall,

(a) establish a schedule of meetings at a regular time and place to consider the business of the community;

(b) conduct a meeting or meetings to facilitate participation by residents of the community in the preparation of submissions concerning the annual current and capital budgets, including the community committee budget, and make submissions respecting the budgets to executive policy committee;

(c) conduct a meeting or meetings, at least every three months, to consider progress reports on the programs and projects of the city; and

(d) at least once in each year, hold a community conference, which all residents of the community shall be invited to attend and participate in discussions of city programs, and at one of which shall be presented for discussion, the annual statement of revenues and expenditures of the community committee.

Copies of documents to be available

37(2)       Council shall make available for inspection, or for reproduction at a reasonable charge, at the offices of each community committee, copies of the budgets, meeting agendas, statements, reports and other documents referred to in subsection (1).

Quorum, and meetings to be public

37(3)       A majority of the members of a community committee constitutes a quorum for a meeting, and all meetings of the community committees shall be open to the public.

Notice of meetings

37(4)       The time and place, and a general statement of the matters to be discussed at a community committee meeting shall be advertised at least once in each local daily newspaper having general circulation in the city, not less than three days or more than 10 days before the meeting.

Subcommittees of community committees

38(1)       Council or a community committee may establish subcommittees of a community committee to exercise the powers or to perform the duties delegated to the community committee by this Act or the council, and to report to the community committee; and council shall approve the terms of reference of a subcommittee appointed by a community committee.

Composition of subcommittees

38(2)       A subcommittee of a community committee shall include such members of the community committee as council or the committee that establishes it decides, and may include one or more residents of the community.

Election of subcommittee chairperson

38(3)       Where a subcommittee of a community committee has more than one member, the members shall, at the first meeting, elect one of them who is a member of the community committee as chairperson of the subcommittee.

Facilities for community committees

39(1)       Council shall provide suitable facilities within each community for use by the community committees in discharging their functions.

Facilities for departments and services

39(2)       Within each community, council shall provide and maintain administration and operating facilities for use by the departments and services that council considers advisable.

Preparation of annual estimates

40(1)       Subject to the other provisions of this Act, each community committee shall prepare and submit, to executive policy committee, the annual capital and current estimates of the costs of operating the community committee, and the expenditures budgeted for libraries, parks and recreation, the St. Boniface Museum Board and community centres.

Community budgets

40(2)       The budgets of community committees shall be included in the city's annual current and capital budget, and shall disclose, for each community, the costs of operating the community committee and the expenditures budgeted for libraries, parks and recreation, the St. Boniface Museum Board and community centres.

Budget review by community committees

40(3)       Each community committee shall review the annual capital and current budgets and the budgets for libraries, parks and recreation, the St. Boniface Museum Board or community centres and shall make recommendations to executive policy committee.

Supplementary budget

40(4)       A community committee may apply to council for approval of a supplementary current budget or capital budget.

Keeping of expenditure accounts

40(5)       Expenditure accounts shall be kept for each community committee and shall be available for inspection at reasonable times at community committee offices.

RESIDENTS' ADVISORY GROUPS

Election

41(1)       A residents' advisory group shall be elected at each community conference referred to in subsection 37(1), by the residents of the community who are present at the meeting.

Procedure, term of office, etc.

41(2)       Where a residents' advisory group is elected, the members of the community who are present may determine the number of members of the residents' advisory group, the manner of election, the procedure for filling vacancies and increasing the number of members, and the period for which they are to serve.

Nomination in advance

41(3)       Notwithstanding subsection (1), the residents at the community conference may accept nominations for election to the membership of the residents' advisory group where the nomination is forwarded to the conference in advance, in writing, and the written nomination is received at the place where the community conference is to be held, not later than two days before the conference.

Nominee need not be present

41(4)       Where a nomination is accepted under subsection (3), the person nominated may be elected as a member of the residents' advisory group at the community conference, even if the person is not present.

Recall of member

41(5)       A member of a residents' advisory group may be recalled at any time by the residents present at a community conference for the community.

Role of R.A.G.

41(6)       The role of the residents' advisory group is to advise and assist the members of the community committee for the community.

By-law to be passed

41(7)       This section takes effect when council passes a by-law to establish a residents' advisory group for each community committee.

Re-numbering of sections 11 & 12

3.1         Sections 11 and 12 are re-numbered as sections 666.1 and 666.2, respectively.

Subsection 43(2) amended

3.2         Subsection 43(2) is amended by striking out "chairman of the executive policy committee" and substituting "a councillor designated by executive policy committee".

Sections 75.1 to 75.9 added

4           The following provisions are added after section 75:

OMBUDSMAN

Definition

75.1        In sections 75.2 to 75.9, "municipal unit" means a board, commission, association, department or other body of persons, whether incorporated or unincorporated, of which all the members, or all the members of the board of management or board of directors,

(a) are appointed by council, or

(b) if not appointed by council are, in the discharge of their duties, employees of the city or are, directly or indirectly, responsible to the city. («organisme municipal»)

Appointment of ombudsman

75.2(1)     Subject to the provisions of this Act, council shall by by-law establish the position of ombudsman, who shall be a person appointed by council or retained by the city to perform the duties of the ombudsman.

By-law

75.2(2)     A by-law passed under subsection (1) shall provide for the following, in regard to the ombudsman:

(a) qualifications;

(b) procedures for appointment;

(c) salary and expenses;

(d) grounds for suspension and removal;

(e) the appointment of an acting ombudsman when the office is vacant for any reason;

and guidelines may be established in the by-law for the ombudsman to follow in performing the duties of the position.

Term of office

75.2(3)     Unless the ombudsman sooner resigns, dies or is removed from office, the ombudsman shall hold office for six years from the date of the appointment by council or, where the person is retained, from the date of the contract with the city, and may be re-appointed.

Reporting

75.2(4)     The ombudsman shall report directly to council.

Restrictions on employment

75.2(5)     The ombudsman is not eligible to hold any other public office, or to be nominated or elected as a member of council or the Legislative Assembly, or to carry on a trade, business or profession.

Classification of position

75.2(6)     Where appointed as an employee of the city, the ombudsman shall not be covered by a collective agreement but is entitled to benefits similar to those of other employees of the city, as determined by council.

Declaration by ombudsman

75.2(7)     Before beginning to perform the duties of the position, the ombudsman shall make a declaration before council to faithfully and impartially perform the duties of the office, and not to divulge any information received under this Act, except as provided in this Act.

Budget

75.3(1)     The ombudsman shall prepare and submit an annual budget to executive policy committee.

Organization of office

75.3(2)     Subject to the approval of council, the ombudsman may select, appoint and compensate, within the budget approved by council, such employees as the ombudsman considers necessary to perform the duties conferred under this Act.

Employees

75.3(3)     An employee in the office of the ombudsman shall not be covered by a collective agreement but is entitled to benefits similar to those of other employees of the city, as determined by council.

Declaration by employee

75.3(4)     A person employed in the office of the ombudsman shall, before performing the duties of the position, make a declaration before the ombudsman that the person will not divulge any information obtained in the course of the employment, except as permitted by this Act.

Secrecy

75.3(5)     The ombudsman and every person employed by the ombudsman shall maintain secrecy in respect of all matters that come to their knowledge in the exercise of their duties and functions under this Act.

Delegation

75.3(6)     The ombudsman may delegate any of the powers of the ombudsman to an employee, except the power of delegation and the duty to make a report under section 75.7.

Jurisdiction

75.4(1)     Subject to subsections (3) and (4), the ombudsman may, on receiving a written complaint, or on the ombudsman's own initiative, investigate

(a) a decision or recommendation;

(b) an act done or omitted; or

(c) a procedure;

relating to a matter of administration in or by a municipal unit of the city, whereby a person is or may be aggrieved.

Reference by council

75.4(2)     Council may refer to the ombudsman a matter that is before council for consideration, and the ombudsman shall, subject to any special directions of council, investigate the matter, so far as it is within the jurisdiction established under subsection (1), and report to council.

Limit on jurisdiction

75.4(3)     Nothing in this Part authorizes the ombudsman to investigate a decision or recommendation, an act done or omitted, or a procedure used by council, a committee of council or a community committee; or to investigate a matter where an adequate remedy or right of appeal exists, whether or not the complainant uses it.

Questions as to jurisdiction

75.4(4)     Where a question arises as to the jurisdiction of the ombudsman to investigate a matter, the ombudsman may apply to the Court of Queen's Bench for a declaration to determine the question.

Refusal to investigate

75.5(1)     The ombudsman may refuse to investigate, or may cease to investigate a matter where

(a) an adequate remedy or right of appeal already exists, whether or not the complainant uses the remedy or right of appeal;

(b) the complaint, in the opinion of the ombudsman, is frivolous, vexatious or not made in good faith, or concerns a trivial matter;

(c) the complaint relates to a decision, recommendation, act or omission of which the complainant had knowledge for more than one year before making a complaint to the ombudsman; or

(d) having regard to all the circumstances, further investigation of the matter is, in the opinion of the ombudsman, unnecessary.

Report of decision not to investigate

75.5(2)     Where the ombudsman decides not to investigate, or to cease to investigate, a complaint, the ombudsman shall in writing inform the complainant and any other interested person of the decision and shall state the reason for the decision.

Notification of investigation

75.5(3)     Where the ombudsman decides to investigate a complaint, the ombudsman shall notify the head of a municipal unit to which the complaint relates.

Access to information

75.6(1)     The ombudsman may receive and obtain information from any person and in a manner that the ombudsman considers appropriate, and may conduct hearings.

Further powers

75.6(2)     Without restricting the generality of subsection (1), the ombudsman may

(a) at a reasonable time enter, remain on and inspect premises occupied by a municipal unit, converse in private with any person on the premises and otherwise investigate matters within the jurisdiction of the ombudsman;

(b) require a person to furnish information, or produce a document or thing in the person's possession or control that relates to an investigation at a time and place specified by the ombudsman, whether or not the person is a past or present employee of a municipal unit, and whether or not the document or thing is in the custody or under the control of a municipal unit;

(c) make copies of a document produced under this section;

(d) summon and examine on oath a person that the ombudsman believes is able to give information relating to an investigation, whether or not the person is a complainant or a member or employee of a municipal unit, and for that purpose may administer an oath; and

(e) receive and accept, on oath or otherwise, evidence that the ombudsman considers appropriate, whether or not it is admissible in a court.

Return of thing to municipal unit

75.6(3)     Where the ombudsman obtains a document or thing under subsection (2) and the municipal unit requests its return, the ombudsman shall, within two working days after receiving the request, return it to the municipal unit, but the ombudsman may again require it to be produced under this section.

Application of laws on disclosure

75.6(4)     A rule of law that authorizes or requires the withholding of a document, paper or thing, or the refusal to answer a question, on the ground that the disclosure or answering would be injurious to the public interest does not apply in respect of an investigation by or proceedings before the ombudsman.

Provisions relating to secrecy

75.6(5)     No provision of a by-law or resolution of council requiring a person to maintain secrecy in relation to, or not to disclose information relating to, a matter shall apply in respect of an investigation by the ombudsman; and no person required by the ombudsman to furnish information or to produce a document, paper or thing, or or who is summoned by the ombudsman to give evidence, shall refuse to furnish the information, produce the document, paper or thing, or to answer questions on the ground of any such provision.

Admissibility of evidence

75.6(6)     Except on the trial of a person for perjury, no statement made, or answer or evidence given by the person or any other person in the course of an investigation by, or any proceedings before, the ombudsman is admissible in evidence against a person in a court or at an inquiry or in any other proceeding, and no evidence respecting a proceeding before the ombudsman shall be given against any person.

Investigations to be private

75.6(7)     An investigation by the ombudsman shall be conducted in private.

Hearings and right to be heard

75.6(8)     The ombudsman may hold hearings, obtain information from any person, and make such inquiries as the ombudsman considers necessary; and no person is entitled, as of right, to be heard by the ombudsman.

Opportunity to make representation

75.6(9)     Where it appears to the ombudsman that there may be sufficient grounds for making a report under section 75.7 that may adversely affect a municipal unit, or a person, the ombudsman shall give the head of the municipal unit or the person an opportunity to make representations, orally or in writing, at the discretion of the ombudsman, before making the report.

Report on investigation

75.7(1)     Where, after completing an investigation, the ombudsman is of the opinion that a decision, recommendation, act, omission or procedure of a municipal unit

(a) is contrary to law;

(b) is unjust, oppressive or improperly discriminatory;

(c) is based on a rule of law or practice that is unjust, oppressive or improperly discriminatory;

(d) is based in whole or in part on a mistake of law or fact or on an irrelevant ground or consideration;

(e) is related to the application of arbitrary, unreasonable or unfair procedure;or

(f) was made without providing adequate reasons;

the ombudsman shall provide a written report of the opinion, with reasons, to the head of the municipal unit.

Nature of recommendations

75.7(2)     In making a report under subsection (1), the ombudsman may recommend that

(a) a matter be referred to a municipal unit for further consideration;

(b) an omission or delay be rectified;

(c) a decision or recommendation be revoked or varied;

(d) reasons be given by a municipal unit for a decision;

(e) a practice or procedure be altered;

(f) a statute, regulation or by-law be reconsidered; or

(g) such other steps be taken as the ombudsman considers reasonable and just.

Notice or proposed steps

75.7(3)     Where a recommendation is made under subsection (2), the ombudsman may request the head of the municipal unit to notify the ombudsman within a specified time of steps taken, or that are proposed, to give effect to the recommendation.

Further report on recommendations

75.7(4)     If, within a reasonable time after a request is made under subsection (3), no action is taken that in the opinion of the ombudsman is adequate and appropriate, the ombudsman may report the matter to council.

Report to complainant

75.7(5)     Where an investigation is made of a complaint, the ombudsman shall report the result of the investigation to the complainant, in such manner and at such time as the ombudsman considers proper.

Review of ombudsman's decision

75.8(1)     No proceeding of the ombudsman is void for want of form, and no proceeding or decision of the ombudsman shall be challenged, reviewed, quashed or called in question in a court, except on the ground of lack of jurisdiction.

No proceeding against ombudsman

75.8(2)     No proceedings lie against the ombudsman or against an employee of the ombudsman for anything done in the course of the exercise or performance, or intended exercise or performance, of functions and duties under this Act, unless it is done in bad faith.

Ombudsman not to be called as witness

75.8(3)     The ombudsman and any employee of the ombudsman shall not be called to give evidence in a court or in any proceeding of a judicial nature in respect of anything coming to their knowledge in the performance of functions and duties under this Act.

Annual report to council

75.8(4)     The ombudsman shall in each year make a written report to council on the performance of functions and duties by the ombudsman under this Act in the previous year.

Publication of reports

75.8(5)     Where the ombudsman considers it to be in the public interest, or in the interest of a person or municipal unit, the ombudsman may publish a report relating generally to the performance of duties under this Act or to a case investigated by the ombudsman, whether or not the matters in the report are the subject of a report to council under this Act.

Offence and penalty

75.9        A person who wilfully and without lawful justification,

(a) obstructs, hinders or resists the ombudsman or any other person in the performance of the functions and duties of the ombudsman under this Act;

(b) fails to comply with a lawful request of the ombudsman or an employee of the ombudsman; or

(c) makes a false statement to, or misleads or attempts to mislead, the ombudsman or any other person in the exercise or performance of the functions and duties of the ombudsman under this Act;

is guilty of an offence and liable to a fine of not more than $500. or to imprisonment for a term not exceeding three months, or to both.

Section 78.1 added

5           The following is added after subsection 78(22):

By-law to merge pension plans

78.1(1)     Notwithstanding any other provision of this Act, council may by by-law merge into one pension plan the pension plans maintained under by-law No. 219 of the former Metropolitan Corporation of Greater Winnipeg, and by-laws No. 1125/75, and No. 2819/80, including any such pension plan which may have, at the date of merger, an actuarial surplus or an unfunded liability, and council may by by-law merge into one trust the trusts arising under the pension plans that are merged.

Powers of council

78.1(2)     Subject to subsection (3), a merger under subsection (1) of pension plans and trusts arising under the pension plans shall be effected in a manner and on terms and conditions that council considers appropriate, and a by-law passed under subsection (1) may be retroactive and shall be deemed to come into force on the date stipulated in the by-law.

No adverse effect on pension credits

78.1(3)     Council shall satisfy itself, before passing a by-law under subsection (1), that the pension benefit credits, as defined in The Pension Benefits Act, of members of the pension plans that are to be merged are not adversely affected by the merger and, for that purpose and all other purposes, the certificate of the actuary of the pension plans to that effect shall be conclusive thereof.

Amendments

78.1(4)     Notwithstanding the provisions of pension plans that are merged under subsection (1), or the by-laws creating the pension plans, council may pass by-laws amending the pension plans that are merged and any trusts arising under the pension plans, to facilitate a merger, and council may amend a by-law passed under subsection (1).

Application of other statutes

78.1(5)     Notwithstanding section 3 of The Pension Benefits Act, that Act and The Trustee Act do not apply to a merger under subsection (1) of pension plans and to a merger of trusts arising under such pension plans.

Section 80 repealed

6           Section 80 (declaration) is repealed.

Section 80.1 added

7           The following is added after section 80:

RECORDS MANAGEMENT

Definitions

80.1(1)     In this section,

"department" means a department of the city, and includes a board, commission, association or other body, whether incorporated or unincorporated, all the members of which, or all the board of management or board of directors of which, are appointed by council; («service»)

"photograph" includes microfiche, microfilm or any other photographic reproduction on film or paper to produce a readable image of a record; («photographie»)

"record" means any form of recorded information, regardless of physical characteristics, created or held by a department. («document»)

By-law on records

80.1(2)     Council shall pass a by-law to provide for the management, retention, safe-keeping, disposition and destruction of records.

Appointment of city archivist

80.1(3)     In a by-law passed under subsection (2), council shall provide for the appointment of a city archivist.

Duties of city archivist

80.1(4)     The city archivist shall

(a) establish and administer a system of records management to serve the current and long-term requirements and interests of the city;

(b) organize and administer the archives of the city to preserve records that are designated by the records committee to be of enduring significance;

(c) acquire, preserve and make available, subject to the agreement of donors, documents relating to the history of the city;

(d) encourage, promote and conduct research into the history of the city through programs of information for employees of the city, organizations, persons with an interest in certain aspects of the history of the city, and the general public;

(e) prepare, publish, maintain and update a guide and index to records, and make the guide and index available to the general public in all city departments; and

(f) perform such other duties as council may assign.

Records committee established

80.1(5)     In a by-law passed under subsection (2), council shall appoint a records committee, which shall make recommendations to council, and implement policies and procedures approved by council for the management, retention, safe-keeping, disposition and destruction of records in all departments, and report annually to council.

Composition of records committee

80.1(6)     A records committee appointed under subsection (5) shall be composed of the city archivist, who shall be chairperson of the committee, the city clerk, the city treasurer, the city auditor and the city solicitor, each of whom may designate a person to represent them on the records committee; and two citizens who are not employed by the city, for a term of not more than three years.

Authority of records committee

80.1(7)     A record created or held by a department shall not be destroyed or removed from the custody and control of a department by a person unless the person makes a written request to the city archivist, and obtains written approval from the records committee to destroy or remove the record.

Admissibility as evidence

80.1(8)     In a by-law passed under subsection (2), council shall, consistent with the provisions of The Manitoba Evidence Act, provide for the photographing of records of a class or kind described in the by-law.

Admissibility of photographed record

80.1(9)     A print of a record that is photographed under subsection (8) is admissible in evidence in all cases where the city clerk or city archivist certifies he is satisfied that

(a) the print is a copy of a record, or of what was a record at the time of photographing;

(b) the record was photographed under the authority of a by-law; and

(c) the print is made from the photograph.

Section 81 rep. and sub.

8           Section 81 is repealed and the following is substituted:

ACCESS TO INFORMATION

Definitions

81          In sections 81 to 81.9,

"access" means the inspection and copying of records; («accès»)

"department" means a department of the city, and includes a board, commission, association or other body, whether incorporated or unincorporated, all the members of which, or all the board of management or board of directors of which, are appointed by council; («service»)

"record" means any form of recorded information, regardless of physical characteristics, created or held by a department. («document»)

Access to information

81.1        Subject to sections 81.2 to 81.8, council shall pass a by-law

(a) providing a procedure to permit a person to make application for access to a record on such terms and conditions as council considers advisable;

(b) establishing the procedure to be followed by employees of the city on receiving an application for access;

(c) designating city administrators who are to respond to applications for access;

(d) setting fees to be paid by an applicant to cover the whole or part of the cost incurred by the city in responding to the application for access.

Appointment of access appeal officer

81.2        Where a by-law is passed under section 81.1, council shall appoint or retain a person, to be known as the "access appeal officer", to hear appeals under section 81.7.

Existing rights on request

81.3(1)     The city clerk shall, at any time when the offices of the city are open for the transaction of business, on the request of any person, produce and permit the examination of the following records:

(a) the latest assessment roll;

(b) the latest tax roll;

(c) the latest list of electors;

(d) a monthly financial statement for the current year, prepared by the treasurer;

(e) a report of the auditor;

(f) the approved minutes of a council meeting or of an open committee meeting;

(g) attachments to the minutes of a council meeting and open committee meetings;

(h) a by-law or resolution;

(i) the agenda of an open committee meeting.

Inspection of election records

81.3(2)     Without limiting the generality of subsection (1), and subject to the provisions of The Local Authorities Election Act, a person may inspect, at all reasonable times, lists of electors, poll books and other documents pertaining to an election in the possession of or under the control of the clerk, who shall, on request and within a reasonable time, furnish copies of the record to an applicant on payment of any fee set by council by by-law.

Certified copies of by-laws, etc.

81.3(3)     The clerk shall furnish, within a reasonable time, to any person who requests it and who pays any fee set by council by by-law, a copy of a by-law, order or resolution, certified as a true copy by the clerk and under the corporate seal of the city.

Right of access

81.4        Subject to this Act and the by-law passed under section 81.1, every person has, on application, a right of access to a record in the custody or control of a department, including a record that discloses information about the applicant.

Exemptions set out in by-law

81.5(1)     In a by-law passed under section 81.1, council shall set out any records or class of records to which there shall be no access, or to which access may be given only in special circumstances or to specified persons, and the by-law shall include in its exemptions from access the following records:

(a) personal information, the disclosure of which would constitute an unreasonable invasion of the privacy of a third party, including

(i) personal details of the educational, medical, criminal, employment or family history of the third party;

(ii) personal details of a pecuniary matter in which the third party is or has been involved; or

(iii) the identity of a third party who has supplied information in confidence to a department for any purpose relating to the administration or enforcement of an enactment;

unless the third party consents in writing to another person having access to the record, or the third party has been dead for more than 10 years;

(b) information provided in confidence to the city;

(c) information that, if disclosed, could prejudice the position of the city, or negotiations carried on by or on behalf of the city;

(d) information that constitutes advice to council on the formulation of a policy on a matter;

(e) information obtained or prepared in connection with law enforcement, the disclosure of which may be injurious to law enforcement proceedings and prejudicial to existing or anticipated legal proceedings, or that may violate solicitor-client privilege.

Limitation on exemption

81.5(2)     Clause (1)(a) does not apply to a record that reveals the classification, salary range, benefits, and employment responsibility of an employee of the city, or a contract for services between a third party and the city.

Notice within 30 days of application

81.6        A response to an application for access to a record shall be made within a time and by a city administrator designated by a by-law passed under section 81.1, but not later than 30 days from the receipt of the application by the city, unless the applicant is notified

(a) that an extension of time of not more than 30 days is required; or

(b) within the time specified in the by-law, of the fee or estimated fee to be paid by the applicant before access is given.

Appeal to access appeal officer

81.7(1)     A person who applies for and is denied access to the whole or part of a record, or who does not receive a response to an application for access within a time specified by a by-law passed under section 81.1, may appeal to the access appeal officer.

Report to city administrator

81.7(2)     Where an appeal is made under subsection (1), the access appeal officer shall, not later than 60 days from the day the appeal officer receives the appeal, investigate the matter and make a report and recommendation to the city administrator whose decision is the subject of the appeal, and shall send a copy of the report and recommendation to the applicant.

No restriction on disclosure

81.7(3)     No person shall withhold from or refuse to furnish any record to the access appeal officer for the purpose of an investigation under subsection (2).

Decision of city administrator

81.7(4)     The city adminstrator shall within 14 days of receiving the report under subsection (2) advise the applicant of his decision on the recommendation contained in the report.

Appeal to ombudsman

81.8(1)     A person whose appeal is denied by a city administrator may appeal to the ombudsman within 30 days of receiving the decision under subsection 81.7(4).

Access appeal officer is not a party

81.8(2)     The access appeal officer shall not be a party to an appeal under subsection (1).

Summary disposition

81.8(3)     The ombudsman may receive evidence by affidavit and may decide the appeal in a summary manner.

Burden of proof

81.8(4)     In an appeal to the ombudsman, the burden of proof is on the city administrator who makes a decision under subsection 81.7(4) to establish that the applicant has no right of access to the record under this Act.

Application of The Manitoba Evidence Act

81.8(5)     For the purposes of an appeal under this section, the ombudsman has the powers vested in commissioners under section 88, 90, 91, 92 and 94 of The Manitoba Evidence Act.

Production of records

81.8(6)     In an appeal to the ombudsman, the ombudsman may require the production of the record that is the subject of the appeal and, where the record is produced, the ombudsman shall examine it and shall take every reasonable precaution to avoid disclosure of it, including, where appropriate, receiving representation ex parte and conducting hearings in camera.

Decision of ombudsman is final

81.8(7)     The decision of the ombudsman is final and binding.

Review of the by-law

81.9        Within three years after the adoption of a by-law under section 81.1 and as often thereafter as council considers necessary, council shall designate or establish a committee of council to review the operation of the by-law.

Subsection 86(1) repealed

9           The headings and numbers preceding section 86 ("PART 4 ELECTIONS") are deleted, and subsection 86(1) is repealed.

Subsection 86(2) repealed

10          Subsection 86(2) is repealed.

Sections 87 to 93 rep. and sub.

11          Sections 87 to 93 are repealed and the following is substituted:

PART 4

ELECTIONS

Local Authorities Election Act applies

87          Subject to the provisions of this Act, The Local Authorities Election Act applies to the city.

QUALIFICATIONS FOR ELECTION TO COUNCIL

Qualification of candidates

88          A person is eligible to be nominated for election and elected as a member of council if the person is

(a) a Canadian citizen;

(b) of the full age of 18 years;

(c) a resident who resides in the city for a period of six months immediately before being nominated; and

(d) not subject to disqualification under this Act.

GENERAL PROVISIONS

Election of council

89          The election of members shall be held on the fourth Wednesday of October in 1989, and on that day and month in each third year after that.

Form of ballot paper

89.1        The ballot paper shall be in the form of the First Paper set out in Form 21 of The Local Authorities Election Act, with such modifications as the circumstances require.

Nominations

89.2(1)     Nominations shall be filed with the returning officer before 2:00 p.m. on the first Wednesday in October of the year in which an election is held.

Form and declaration

89.2(2)     Each nomination shall be made as required under The Local Authorities Election Act, and the nomination paper shall include a declaration in the form prescribed in that Act (Form 9), signed by the candidate and declared before a person authorized to administer a declaration under The Manitoba Evidence Act or The Local Authorities Election Act.

Rejection of nomination

89.2(3)     The returning officer shall reject a nomination paper that is not in compliance with this section and The Local Authorities Election Act.

Division of wards into polls

89.3        The returning officer may divide a ward into two or more polling subdivisions, and a list of electors for each polling subdivision shall be prepared in accordance with The Local Authorities Election Act.

Declaration by new member

89.4        No person elected as a member of council shall enter upon the duties as a member until the person completes the statutory declaration required under section 10 and deposits it with the clerk.

DISQUALIFICATION AND FORFEITURE OF SEAT

Persons disqualified

90(1)       The following persons are disqualified to be nominated for election to council, or to be, or remain a member of council:

(a) a judge of the Court of Queen's Bench or The Court of Appeal;

(b) a provincial judge, magistrate or justice of the peace;

(c) a member of the council of another municipality;

(d) a member of the Senate or House of Commons of the Parliament of Canada;

(e) a person who, convicted of an offence under this Act or any other Act, has not paid a fine imposed on the person for the offence;

(f) a person who, after the person's nomination, ceases to be, or to be deemed to be, a resident of the city.

Nomination to two offices invalid

90(2)       No person is eligible for nomination for, or election as, both mayor and councillor, and no person is eligible for nomination for, or election as, a councillor in more than one ward.

Election of M.L.A. to council

90(3)       A member of the Legislative Assembly who is elected as mayor or as a councillor thereby forfeits the seat in the Legislative Assembly.

Election of member as M.L.A.

90(4)       If the mayor or a councillor is elected to the Legislative Assembly, the member thereby forfeits the seat on council.

Member not to be counsel in action

91          A member of council who is a counsel or solicitor, or is counsel or solicitor by, with or through another person, in a claim, action or proceeding by or against the city, thereby forfeits the seat on council.

Disqualification for offence

92(1)       A member convicted under section 24 (unauthorized expenses) of this Act or under section 123 (municipal corruption) of the Criminal Code (Canada), or against whom a judgment is obtained in a civil action under section 24, forfeits the seat on council from the date of the conviction or, in the case of a civil action, the date of the judgment, and is disqualified from holding office or voting at an election for a period of three years from the date of the conviction or judgment.

Disqualification for election offence

92(2)       A member who, on the trial of an election petition, is found guilty of an election offence is not qualified to be a candidate at an election for three years thereafter.

Result of disqualification

92(3)       A member who is disqualified under this section as a result of a conviction or judgment shall not perform a duty or function or exercise a right or privilege of a member of council until the conviction or judgment is quashed, reversed or set aside on appeal or by prerogative writ.

Forfeiture of seat

92.1(1)     A member's seat on council is forfeited where the member,

(a) is convicted of an indictable offence for which a person is liable on conviction to imprisonment for five years or more;

(b) fails to attend three consecutive regular meetings of council without being authorized to do so by a resolution of council entered in the minutes of one of the three meetings; or

(c) becomes, under this Act or The Municipal Council Conflict of Interest Act, disqualified for election as, or from being or remaining, a member of council.

Disclaimer on forfeiture of seat

92.1(2)     A member who forfeits a seat on council, or the member's right to the seat, or who becomes disqualified to hold the seat, shall forthwith vacate the seat by a disclaimer in Form 22 of The Local Authorities Election Act, or to like effect.

Proceedings to unseat member

92.1(3)     Where a person fails to comply with subsection (2), proceedings to unseat the person may be taken by an election petition presented to a judge of the Court of Queen's Bench.

VACANCIES

Member may resign seat

93(1)       A member may resign from council by delivering a resignation in writing, dated and signed by the member, to the clerk.

When resignation effective

93(2)       A resignation under subsection (1) takes effect from the time of its receipt by the clerk, unless a later effective date is specified in the resignation.

Provision to fill vacancy

93(3)       Subject to subsections (4) and (5), when the office of a member of council becomes vacant for any reason, including death, resignation, disclaimer, forfeiture, or the neglect or refusal of a person to accept the office or make a declaration required under this Act or any other Act relating to the council, within the time allowed for the declaration, a warrant shall be issued immediately by the mayor, the deputy mayor or the acting deputy mayor, or in their absence, the clerk or, in his absence, a member of council, requiring the returning officer to hold an election to fill the vacancy.

Vacancy in last six months of term

93(4)       Where the office of a councillor becomes vacant within six months of the expiration of the councillor's term of office, council may resolve not to hold an election to fill the vacancy for the balance of the term.

Vacancy in office of mayor

93(5)       Where the office of mayor becomes vacant within 12 months of the expiration of the term of office, the deputy mayor shall perform the duties and exercise the powers of the mayor; and where the office of the deputy mayor becomes vacant within 12 months of the expiration of the term of office, the acting deputy mayor shall perform the duties and exercise the powers of the mayor.

Filling vacancies

93(6)       Where an election is held to fill a vacancy,

(a) the election shall be held not later than six weeks after the issue of the warrant;

(b) the returning officer shall appoint a day on which the election shall be held;

(c) nominations shall be filed with the returning officer before 2:00 p.m. on the day that is three weeks before the election; and

(d) the election shall, in respect to notices and other matters, be conducted in the same manner as the regular elections of the city.

Section 94 repealed

12          Section 94 is repealed.

Sections 95 to 102 rep. and sub.

13          Sections 95 to 102 are repealed and the following is substituted:

ELECTION EXPENSES AND CONTRIBUTIONS

Definitions

95(1)       In sections 95 to 100.1,

"campaign expense" means

(a) money spent or liabilities incurred; and

(b) the value of donations in kind accepted;

in respect of goods used or services provided, by or on behalf of, and with the knowledge and consent of, a registered candidate during a campaign period, for the purpose of an election, but does not include

(c) audit fees; and

(d) an expense relating to a recount in respect of the election; («dépenses électorales»)

"campaign period" means the period

(a) in a regular election, commencing 120 days before election day, and ending on January 31 in the year following the election; and

(b) in an election to fill a vacancy, commencing on the day on which a warrant to hold the election is issued, and ending 90 days after polling day; («période de campagne électorale»)

"contribution" means any money paid or any donation in kind provided to or for the benefit of a registered candidate, without compensation from the registered candidate; («contribution»)

"contributor" means an individual, organization, corporation or trade union; («donateur»)

"donation in kind" means goods or services provided to or for the benefit of a registered candidate without compensation from the registered candidate, and includes

(a) services of an employee provided by an employer;

(b) goods produced or donated voluntarily by a person or organization that is a commercial supplier of the goods; and

(c) services provided voluntarily by a person or organization that is a commercial or occupational supplier of the services;

and does not include

(d) money;

(e) goods produced or donated voluntarily, other than in clause (b); and

(f) services provided voluntarily, other than in clause (c); («don en nature»)

"organization" means an unincorporated association; («organisation»)

"registered candidate" means a candidate registered under section 97. («candidat inscrit»)

Value of donation in kind

95(2)       The value of a donation in kind is

(a) the market value of the goods or services at the time of the donation; or

(b) the cost to the employer of the salary or wages of an employee whose services are provided.

By-law on expenses and contributions

96(1)       Council shall pass a by-law, not inconsistent with the provisions of The Municipal Council Conflict of Interest Act,

(a) prescribing a limit to the contribution that a contributor may make to a registered candidate for mayor or councillor during a campaign period;

(b) prescribing a limit to campaign expenses that may be incurred by a registered candidate for mayor and by a registered candidate for councillor during a campaign period;

(c) setting the value of a contribution in respect of which the name and address of the contributor need not be recorded under clause 2(b);

(d) prescribing the manner in which a registered candidate shall keep a record of contributions received and campaign expenses incurred by the registered candidate during the campaign period;

(e) prescribing the content of an audited statement filed with the returning officer by registered candidate, in addition to the requirements of subsection (2);

(f) designating a person to assist registered candidates to comply with the by-law and the provisions of this Act relating to campaign expenses and contributions, to examine audited statements filed by registered candidates, and to obtain such other information as the person considers necessary for the purpose of making a report to council on matters set out in the by-law, and on any apparent failure of a registered candidate to comply with the by-law or the provisions of this Act relating to campaign expenses and contributions;

(g) prescribing forms for the purpose of the by-law;

(h) prescribing the portion of income from a fund raising event that shall be deemed to be a contribution, and the portion that shall be deemed to be a campaign expense.

Candidate to file audited statement

96(2)       A registered candidate shall file with the returning officer, within 120 days after the date of the election, an audited statement that shall include the following information in regard to the campaign period:

(a) all income received and expenses incurred;

(b) the name, address and contribution of each contributor that makes a contribution to the registered candidate for more than the amount specified under clause (1)(c);

(c) an itemized list of campaign expenses incurred by the registered candidate;

(d) the contributions and expenses relating to each fund raising event, in accordance with clause (1)(h);

(e) particulars of any loan made by the candidate for the purpose of the election campaign, including the name of the lender, the principal amount, interest rate, and terms of repayment.

Candidate to appoint auditor

96(3)       The audited statement required under subsection (2) shall be prepared by an auditor who is appointed by the registered candidate and who shall not be involved in the election as a returning officer, deputy returning officer, election clerk, candidate or official agent, or in raising funds for a registered candidate.

Qualifications of auditor

96(4)       An auditor who prepares an audited statement required under subsection (2) shall be a professional accountant who is a registered member in good standing of an institute, association or society of accountants established by an Act of the Legislature.

No contribution until registration

97(1)       Until a person registers as a candidate under subsection (2), the person, or any individual, corporation, organization or trade union acting on behalf of the person, shall not solicit or accept contributions or incur expenses for the purpose of the election of the person.

Registration of prospective candidate

97(2)       A person who proposes to be a candidate in an election shall, during the campaign period and before nominations close, file with the returning officer a notice of registration in the form prescribed by the returning officer, which shall include the name and address of the candidate, the candidate's official agent, the candidate's auditor and any chartered bank or other financial institution in which accounts are to be used by or on behalf of the candidate for the purpose of the election campaign, and the numbers of such accounts.

Report of change of information

97(3)       Where the information required under subsection (2) is altered, the registered candidate shall immediately notify the returning officer in writing of the alteration.

Duties of official agent

98(1)       A person who proposes to be a candidate in an election shall appoint an official agent, who shall be responsible for receiving contributions and authorizing campaign expenses and for ensuring that

(a) proper records are kept of receipts and expenses;

(b) contributions are placed in accounts listed in the notice of registration filed with the returning officer;

(c) proper receipts are completed;

(d) the audited statement required under section 91 is filed with the returning officer; and

(e) financial records relating to the election campaign are retained for two years after election day.

Deposit and use of funds in account

98(2)       All moneys accepted by or on behalf of a registered candidate shall be deposited in an account or accounts that shall be used only for the purpose of the election campaign, and all payments relating to or arising out of the campaign shall be made by cheque only out of such an account.

Candidate to issue receipts

98(3)       A registered candidate shall issue a receipt for each contribution accepted.

Candidate's own funds

98(4)       Any moneys used for an election campaign by a candidate out of the candidate's own funds, or those of the candidate's spouse, shall be considered to be a contribution for the purpose of this Act and the by-law passed under section 96, but the limit on the amount of contributions established in the by-law does not apply in respect of such funds.

Contributions by organizations

98(5)       An organization other than a trade union that makes a contribution to a registered candidate shall provide the registered candidate with a statement that indicates the individual sources and amounts making up the funds of the organization from which the contribution is made, and the registered candidate shall include with the audited statement filed with the returning officer after the election, the name of any individual in the organization whose contribution exceeds the amount established under clause 96(1)(c).

Anonymous contributions

98(6)       An anonymous contribution received by a registered candidate shall not be used or spent, but shall be paid over to the returning officer, and become part of the general funds of the city.

Claim for election expenses

98(7)       A person who has a claim for payment in relation to an election shall submit the claim within 30 days after election day to the registered candidate who incurred the expense.

Contributions and expenses over limit

98(8)       A registered candidate shall not solicit or accept a contribution, or incur expenses, in excess of the limits established in the by-law passed under section 91.

Inspection by public

99          An audited statement filed with the returning officer shall be open to inspection by any person during regular office hours, and a copy shall be provided on payment of a fee prescribed by by-law.

Failure to file by elected candidate

100(1)      Where a registered candidate who is elected fails to file the completed audited statement referred to in section 96 within 120 days of the date of the election, the returning officer shall send a written report of the failure to the presiding officer of council, who shall lay the report before council at its next meeting and, until the audited statement is filed with the returning officer, the registered candidate shall not sit in council.

Forfeiture of office

100(2)      Where a registered candidate who is elected fails to file the audited statement referred to in section 96 within six months after the day of the election, the person shall be disqualified from office and the seat declared vacant, and the person is not qualified to be a candidate at the election to fill the vacancy.

Failure to file by defeated candidate

100(3)      Where a registered candidate who is defeated fails to file the audited statement referred to in section 96, the registered candidate is not eligible to be nominated as a candidate in an election until the audited statement is filed with the returning officer.

Offence and penalty

100.1(1)    A person who contravenes or fails to comply with sections 96 to 100, or a by-law passed under section 96, is guilty of an offence and liable to a fine not exceeding $1,000.

Time limits on prosecution

100.1(2)    Notwithstanding The Summary Convictions Act, a prosecution under this section may be initiated at any time within six months from the time the person designated by council under clause 96(1)(f) becomes aware of the alleged offence, but no prosecution may be initiated more than two years after the date of the occurence of the alleged offence.

RIGHTS OF EMPLOYEES

Definition of "employee"

101(1)      In this section and in section 102, "employee" means a person employed by the city or a board, commission, association or other body, whether incorporated or unincorporated, all the members of which, or all the members of the board of management or board of directors of which, are appointed by council.

Rights of employees in elections

101(2)      Subject to subsection (3), an employee may

(a) seek nomination as, and be, a candidate in a municipal, provincial or federal election and, if elected, serve; and

(b) support, speak or write on behalf of a candidate or a political party in an election, if in doing so the employee does not reveal any information or matter concerning the department, branch or agency in which the employee is employed, or any information that the employee procures or that comes to the employee's knowledge solely because of the employment.

City adminstrators excepted

101(3)      Subsection (2) does not apply to city administrators and such other classes or groups of employees as may be designated by by-law.

Leave of absence for city election

101(4)      An employee who proposes to become a candidate for election as a member of council shall apply to the employee's supervisor, on or before the last day for the nomination of candidates, for a leave of absence for a period commencing on the last day on which nomination papers may be filed and ending

(a) where the employee is nominated as a candidate, not later than 90 days after the day on which the results of the election are officially declared; and

(b) where the employee is not nominated as a candidate, not earlier than the day fixed by law for the nomination of candidates;

or a part of the applicable period of time, as requested by the employee; and every such application shall be granted.

Candidacy in other elections

101(5)      An employee who proposes to become a candidate for election as a member of the Legislative Assembly or the House of Commons may apply to the employee's supervisor for leave of absence for a period commencing on the day on which the writ for the election is issued and ending

(a) where the employee is nominated as a candidate, not later than 90 days after the day on which the results of the election are officially declared; and

(b) where the employee is not nominated as a candidate, not earlier than the day fixed by law for the nomination of candidates in the election;

or a part of the applicable period of time, as requested by the employee; and every such application shall be granted.

Nature of leave of absence

101(6)      A leave of absence granted under subsections (4) and (5) shall be granted

(a) where the employee is entitled to vacation leave with pay, and the employee so requests, as vacation leave with pay until the vacation leave with pay expires and thereafter as leave without pay; or

(b) as leave without pay.

Election as member of council

101(7)      An employee who is elected as a member of council shall be placed on a leave of absence without pay for a period commencing on the date of the election and ending on the earlier of

(a) the expiry of six years and three months after the day of election; and

(b) three months after the employee ceases to be a member of council.

Election as M.L.A. or M.P.

101(8)      An employee who is elected to the Legislative Assembly or the House of Commons may apply to the city for a leave of absence without pay for a period commencing on the day of the election and ending on the earlier of

(a) the expiry of five years and four months after the day of the election; or

(b) three months after the employee ceases for any reason to be a member of the Legislative Assembly or House of Commons;

and every such application shall be granted.

Reinstatement of defeated candidate

101(9)      An employee who is granted a leave of absence under subsections (4) or (5) and who is not elected shall, on application before the expiry of the leave of absence, be reinstated to the position held immediately before the date of the leave of absence.

Reinstatement of elected candidate

101(10)     An employee who is placed on or granted leave of absence under subsection (7) or (8) may, before the expiry of the leave of absence, apply to the city to be reinstated and, as long as the employee is not a member of council, the employee shall, within 60 days, be reinstated to the position held immediately before the date the leave of absence is granted or to a reasonably equivalent position.

Rights during leave of absence

101(11)     Where a person is placed on or granted a leave of absence under this section,

(a) the period of service before the leave of absence begins, and the period of service after the leave of absence ends, shall be deemed to be unbroken for all purposes; and

(b) the period of the leave of absence shall, for the purpose of determining the seniority of the employee in relation to other persons in that employment, be deemed to be a period of service in the employment of the city.

Other benefits

101(12)     The rights of an employee to benefits to which employees are entitled during the period of a leave of absence shall be determined in accordance with the terms of the collective agreement or other agreement or a policy of the city under which the benefits are provided, and the period of the leave of absence shall be treated, for the purpose of qualification for a benefit, in accordance with the agreement or policy.

Coercion or intimidation prohibited

102         No person who supervises an employee of the city or is authorized to employ, promote or reclassify an employee shall coerce or intimidate the employee to support or not support a candidate or political party.

Section 145 repealed

14          Section 145 is repealed.

Section 669 repealed

15          Section 669 is repealed.

Transitional: resident advisory groups

15.1        Notwithstanding the repeal of section 23 by section 3 of this Act, section 23 remains in force and effect until the proclamation of section 41, as enacted by section 3 of this Act.

Transitional: E.P.C. & board of commissioners

15.2        Notwithstanding the repeal of section 31 and clause 33(b) by section 3 of this Act, those provisions remain in force and effect until the proclamation of clause 30(2)(c) and subsection 31(2).

Re-numbering of Bill

15.3        In the event The Statute Re-enactment and By-law Validation (Winnipeg) Act is passed at the same session of the Legislature as this Act, the Legislative Counsel is authorized to re-number the provisions of this Act before it is published, to conform with the numbering of the re-enacted version of The City of Winnipeg Act.

Coming into force

16(1)       Sections 1, 3.1, 3.2, 5, 15.1, 15.2 and 15.3 come into force on the day this Act receives royal assent.

Effective in 12 months

16(2)       Sections 4 and 8 come into force 12 months after this Act receives royal assent.

Effective on November 7, 1989

16(3)       Subject to subsection (4), sections 2, 3, 9, 10, 11, 12, 13 and 14 come into force on November 7, 1989.

Effective on proclamation

16(4)       Clauses 30(1)(e) and (f), clause 30(2)(c) and subsection 31(2), as enacted by section 3 of this Act, come into force on a day fixed by proclamation.

Effective on proclamation

16(5)       Sections 6, 7 and 15 come into force on a day fixed by proclamation.