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The City of Winnipeg Amendment Act (2)

S.M. 1989-90, c. 51

Bill 61, 2nd Session, 34th Legislature

The City of Winnipeg Amendment Act (2)

(Assented to March 15, 1990)

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

S.M. 1989-90, c. 10 amended

1           The City of Winnipeg Act, 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:

(a) by repealing the definition "designated commissioner";

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

"designated city administrator" means a city administrator appointed by council and designated by council to carry out a specific responsibility under this Act or a by-law; («administrateur désigné»)

S.M. 1989-90, c. 8, subsection 41(2) amended

3(1)        Subsection 41(2) of The City of Winnipeg Act, as enacted under The City of Winnipeg Amendment Act, S.M. 1989-90, chapter 8, is amended by striking out "determine", and substituting "make rules, not inconsistent with this Act, determining the procedures under which the residents' advisory group shall operate, including".

S.M. 1989-90, c. 8, subsection 41(6) rep. and sub.

3(2)        Subsection 41(6) of The City of Winnipeg Act is repealed and the following is substituted:

Role of R.A.G.

41(6)       A residents' advisory group shall

(a) advise and assist the members of the community committee for which it is established; and

(b) be entitled to notice of, and the right to participate in, the meetings of the community committee.

S.M. 1989-90, c. 8, subsection 41(8) added

3(3)        Section 41 of The City of Winnipeg Act is amended by adding the following after subsection (7):

Financial support for R.A.G.

41(8)       Where council passes a by-law under subsection (7), council shall provide funds to each residents' advisory group to enable it to operate effectively.

Sections 42 to 73 rep. and sub.

4           Sections 42 to 73 are repealed and the following is substituted:

PART 2

ADMINISTRATIVE ORGANIZATION

Definition

42          In this Part, "annual current and capital budgets" means the city budgets and the community committee budgets, including capital and current components.

GENERAL PROVISIONS

Establishment of departments, etc.

43(1)       Council may by by-law

(a) establish administrative divisions for the city;

(b) designate the departments that shall comprise each administrative division;

(c) describe the duties and responsibilities of each department and administrative division;

(d) appoint the city administrators responsible for the operation of each department and administrative division;

(e) establish the procedure and structure for any one or more of the matters referred to in clauses (a) to (d);

(f) vary the assignment of any responsibility under this section.

Transitional

43(2)       Subject to the other provisions of this Act, any power, duty or responsibility of a chief commissioner, commissioner, board of commissioners or department of the city that is repealed, altered or substituted under this Act shall continue until council by by-law determines otherwise.

Council may employ and set terms

44(1)       The city may employ such officers and employees as it considers necessary in the exercise of its powers and duties, and council shall by resolution, by-law, collective agreement or other agreement fix the remuneration and other benefits for employees, their hours of work and other conditions of employment, and the manner of their appointment, promotion, suspension and dismissal.

Declaration by appointed officer

44(2)       An officer that is appointed to a position by council shall, before entering the duties of the office, 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 (insert the name of the office) to which I have been appointed, 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 any partiality or corruption or other undue execution of the office.

CITY ADMINISTRATORS

Delegation to city administrators

45          Subject to section 105 (limit on delegation of powers), council may by by-law provide for the delegation of its administrative duties and powers to city administrators.

Duties of city administrators

46(1)       Where council passes a by-law under section 45, city administrators shall

(a) be responsible to and report to executive policy committee;

(b) supervise the employees and the operation of departments;

(c) implement the policies and programs established by council;

(d) advise executive policy committee on policy and other matters relating to the administration of the city;

(e) cause the preparation of the annual current and capital budgets including the budgets of community committees;

(f) cause the resolutions and by-laws of council to be carried out and enforced;

(g) recommend to executive policy committee persons for appointment as city administrators;

(h) advise executive policy committee on dismissal or suspension of city administrators;

(i) carry out such research and investigation, and make such reports as may be requested by council or executive policy committee;

(j) exercise such other powers and carry out such other duties as are prescribed by this Act or delegated by by-law or resolution of council.

By-law to establish procedures

46(2)       A by-law passed under section 45 shall prescribe the procedure that city administrators shall follow in conducting meetings and reporting on the operation of departments, and in such other matters as council considers necessary.

Interest in contract prohibited

47(1)       No person having a direct or indirect interest in a contract with the city shall be appointed as a city administrator.

Dismissal for interest in contract

47(2)       A city administrator who knowingly acquires a direct or indirect interest in a contract with the city may be dismissed without notice and without compensation.

Certain contracts excepted

47(3)       A city administrator is not disqualified from holding office by reason of being a user of a utility or service supplied by the city, or by reason of a dealing or contract with the city for the supply of such a utility or service.

Delegation to employee

48          The powers or duties delegated by this Act or council to city administrators may be delegated by them to any employee of the city.

Suspension and dismissal of employees

49          Subject to the other provisions of this Act and to any collective agreement or contract made by the city, a city administrator may suspend or dismiss an employee, except another city administrator.

CITY CLERK

Appointment and duties

50(1)       Council shall appoint a clerk who shall

(a) record in a book, without note or comment, all resolutions, decisions and other proceedings of council;

(b) if requested by any councillor present at a meeting, record the name and vote of every councillor on any matter before council;

(c) keep in his or her office or in a place appointed by council for that purpose, the records of council and reports acted on by council, and the original or certified copies of by-laws and minutes of the proceedings of council; and

(d) perform such other duties as may be assigned by council.

Deputy city clerk

50(2)       Council shall appoint a deputy clerk who shall perform such duties as council and the clerk may require and who, during a vacancy in the office of clerk, or during the absence of the clerk from the city or the inability of the clerk from sickness or other cause to perform duties, shall exercise the powers and fulfill the duties of the clerk.

Acting city clerk

50(3)       When the office of the clerk is vacant or the clerk is unable to perform the duties of the office, owing to illness or other cause, council may appoint an acting clerk who shall have all the powers and duties of the clerk.

CITY TREASURER

Duties

51(1)       Council shall appoint a treasurer who

(a) shall maintain such accounts, books of account and statistical records as shall at all times reflect the true state of the fiscal affairs of the city and all departments of the city;

(b) is responsible for the collection of civic revenues and shall see that they are deposited in a chartered bank or other financial institution designated by council, and shall pay out moneys belonging to the city to such persons and in such manner as is provided in this Act and as is directed by council;

(c) is responsible for the payment of accounts due and payable by the city, including the payment of salaries and wages, and if there is a credit balance remaining in the account to which an account due is to be charged, the treasurer shall pay it;

(d) shall be the custodian of all vouchers, agreements, title deeds and other documents, except when the custody of the documents is placed elsewhere by by-law;

(e) shall attend to the placing of such insurance as may be decided by council;

(f) shall receive and safely keep all moneys belonging to the city, and bonds and debentures that are issued by the city and undelivered to purchasers, or unsold, and shall pay out or deliver them to such persons and in the manner as provided in this Act, and as the by-laws or resolutions of council may direct;

(g) may make accountable advances from time to time for the purposes of the city from its funds, subject to such terms and conditions as council may impose to facilitate the discharge of the functions and responsibilities of the city;

(h) shall submit to council, on or before June 30 in each year, a report on the financial position of the city at the end of the previous fiscal year, including balance sheets, statements of revenue and expenditure and other financial statements necessary to provide full disclosure of the financial position of the city; and

(i) shall perform such other duties as may be assigned by council.

Deputy city treasurer

51(2)       Council shall appoint a deputy treasurer, who shall perform such duties as council and the city treasurer shall from time to time require and who, during a vacancy in the office of city treasurer, or the absence of the treasurer from the city or the inability of the treasurer from sickness or other cause to perform duties, shall exercise the powers and fulfill the duties of the treasurer.

Acting treasurer

51(3)       When the office of treasurer is vacant or the treasurer is unable to perform duties, owing to illness or other cause, council may appoint an acting treasurer who shall have all the powers and duties of the treasurer.

Mechanical execution of cheques

52          Council may by by-law authorize the execution of cheques by the reproduction of facsimile signatures by mechanical means.

Payment of councillors

53          No councillor shall receive money from the city treasurer for work performed or to be performed except the indemnity and expenses lawfully authorized.

Liability of treasurer

54          The city treasurer is not liable to an action at law for any moneys paid by the treasurer in accordance with a by-law or resolution passed by council, except where another disposition is expressly made of such moneys by statute.

Depletion of budgeted amounts

55          Where an approved budget of a project or program is fully expended, no further expenditure or commitment shall be made that would be chargeable to the project or program until an additional appropriation is provided by council.

Payments to persons indebted to city

56          The city treasurer shall not make a disbursement in favour of a person indebted to the city, or to an assignee of the person, except for the balance that is due to the person over and above the debt due to the city.

Annual report to minister

57          The treasurer shall send to the minister, on or before June 30 in each year, financial statements in respect of the last preceeding fiscal year of the city, together with a copy of the auditor's report and such other information as the minister may require.

CITY AUDITOR

Appointment of auditor

58(1)       Council shall appoint an auditor who shall hold office during good behavior and who may be suspended or dismissed by a resolution of council that is approved by at least 2/3 of the councillors.

Persons not eligible for appointment

58(2)       A person shall not be appointed as auditor, where the person

(a) is, or was in the immediately preceding year, the mayor, a councillor or an employee of the city; or

(b) has, or had in the immediately preceding year, directly or indirectly, alone or with another person, a share or interest in a contract or employment with or on behalf of the city, except as an auditor.

Supervision

58(3)       The auditor shall supervise, and is responsible for, all matters relating to the conduct of the office of the auditor and of persons employed for the purpose of fulfilling the duties of the office.

Suspension of employee

58(4)       The auditor may suspend from duty an employee in the office of the auditor and shall report any suspension to council, which may dismiss, discipline or reinstate the employee.

Delegation of authority

58(5)       The auditor may delegate to an employee in the office of the auditor any duty that by this Act the auditor is required to do, other than reporting to council.

Powers of auditor

58(6)       The auditor shall have access at all reasonable times to documents and records relating to the accounts of a department, and may require and receive from city administrators and employees of the city, and any board or commission of the city, information, reports and explanations that the auditor considers necessary for the proper performance of the duties of the auditor.

Stationing of staff

58(7)       The auditor may station an employee of the office of the auditor in a department, board or commission of the city to enable the auditor to carry out the duties of the office more effectively; and the department, board or commission shall provide office accomodation for the employee.

Security requirements

58(8)       The auditor shall require an employee who examines the accounts of a department, board or commission under this Act to comply with security requirements that apply to persons employed in the department, board or commission.

Audit of grantees

58(9)       The auditor may examine and audit the accounts of a person, institution or agency to which the city makes a financial contribution.

Examination under oath

58(10)      Subject to the approval of council, the auditor or, where approved by council, a representative of the auditor, may examine any person on oath touching any matter which by this Act the auditor is required to audit or control; and for the purpose of the examination the auditor, or the representative, has the powers and protection of a commissioner appointed under Part V of The Manitoba Evidence Act.

Audit of payments

58(11)      Without limiting or restricting the responsibility of the city administrators, an officer or employee of the city or of a board or commission charged with the administration of city moneys, the auditor shall examine on behalf of council the accounts of the city and the expenditure of money, whether held in trust or otherwise.

Accounts in accord with grants

58(12)      The auditor shall be satisfied that an account requisitioned for payment is in accordance with the terms and conditions of the authorization to which the account relate.

Departmental certification

58(13)      The auditor shall be satisfied that accounts are examined and certified to be correct by the responsible fiscal official in the department, board or commission concerned.

Accounts

59          The auditor shall examine, in a manner that the auditor considers necessary, the accounts of the city and boards and commissions and shall ascertain whether, in the opinion of the auditor,

(a) the accounts have been properly kept;

(b) all moneys have been fully accounted for, and the rules and procedures that are applied are sufficient to secure an effective check on the levy, collection and proper allocation of the revenue;

(c) money is expended for the purpose for which it is appropriated by council, and the expenditure is properly authorized;

(d) essential records are maintained, and the rules and procedures applied are sufficient to safeguard and control city property;

(e) money is expended with due regard for economy and efficiency; and

(f) satisfactory procedures have been established to measure and report to council on the achievement of economy and efficiency.

Report to council

60          Within six months of the end of each fiscal year, the auditor shall make a report to council respecting the fiscal year,

(a) as to the auditor's examination of accounts of receipts and payments of moneys;

(b) as to the auditor's examination of the balance sheet and related schedules shown in the accounts of the city and boards and commissions, in which the auditor shall state whether

(i) they were compared with the books of account and financial records,

(ii) the information required by the auditor was obtained, and

(iii) in the opinion of the auditor, they are properly drawn up so as to present fairly the financial position of the city;

(c) as to any important change in the extent or character of any examination made by the auditor;

(d) setting out cases where money was not expended in accordance with clause 59(e);

(e) setting out cases where satisfactory procedures are not established in accordance with clause 59(f), whether or not the procedures were recommended by the auditor; and

(f) on such matters as the auditor desires to bring to the attention of council.

Report on statements

61          In the report made under section 60, the auditor shall report on the examination by the office of the auditor of

(a) the statements of the expenditures and revenues of the city and for each board and commission for the fiscal year; and

(b) the statements of assets and liabilities required to show the financial position of the city and boards and commissions at the end of their respective fiscal years.

Contents of report

62          In the report made under section 60, the auditor shall state,

(a) whether all the information required by the auditor has been obtained; and

(b) whether, in the opinion of the auditor, the statements present fairly, on a basis consistent with that of the preceeding year, the financial position of the city and the boards and commissions at the end of their respective fiscal years, and the results of their operations for those fiscal years.

Special audits

63          Council may, at any time, direct the auditor to audit the accounts of a department, board or commission of the city that receives, pays or accounts for city moneys, and to report to council.

MEDICAL HEALTH OFFICER

Powers of medical health officer

64          Council shall appoint a medical officer of health who shall have the powers and duties of medical officer of health under The Public Health Act in addition to any powers and duties under this Act.

Sections 74 to 79 rep. & sub.

5           Sections 74 to 79, except sections 75.1 to 75.9 (ombudsman) and section 78.1 (pensions), are repealed and the following is substituted:

PENSION AND INSURANCE PLANS

Pension plan by-laws

74(1)       The city may pass by-laws for establishing, maintaining and regulating a pension plan and group insurance plan for officers and employees of the city and may, in addition to all other rates and assessments for city purposes, levy and assess in every year a special rate sufficent to furnish the amount required during the year for the purpose of establishing and maintaining the funds for the plans and may guarantee the solvency of the plans.

Admission into pension plan

74(2)       The city shall pass by-laws to maintain pension plans in existence in any area municipality before the coming into force of this Act and, subject to the provisions of any agreement under which the pension plan was established, council may make arrangements for alterations in pension programs over which it assumes jurisdiction as in the opinion of council will be in the best interests of the city employees or any group of its employees.

Moneys owing to deceased employee

74(3)       Money, to the amount of $2,500., in the hands of the city or the Sinking Fund Trustees at the credit of a former employee or pensioner who dies leaving a surviving spouse, may be paid to the surviving spouse without requiring the issue of letters of administration of the estate of the deceased, or grant of probate of the will of the deceased and receipt for the money signed by the surviving spouse is a full release and discharge of the city from any further liability in respect thereof.

Where amount exceeds $2,500.

74(4)       Where the amount in the hands of the city or the Sinking Fund Trustees at the credit of the former employee or pensioner who has died leaving a surviving spouse exceeds $2,500., the whole amount shall be paid to the administrator of the estate of the deceased or to the executor of the will of the deceased, and $2,500. of the amount is free from any claim for debt against the deceased, and this subsection shall be deemed to apply to money at the credit of the deceased employee or pensioner, whether as contributions to the pension, accrued wages or otherwise.

Employee benefits board

75(1)       Council may by by-law establish a benefits board to be known as "The Employee Benefits Board", referred to in this section as the "benefits board".

Duties of benefits board

75(2)       Where the benefits board is established, it shall

(a) operate and administer the benefits program for the employees of the city; and

(b) act in accordance with the powers, duties and responsibilities mentioned in this section.

Composition of benefits board

75(3)       The benefits board shall consist of

(a) the number of representatives, elected by the members of the benefits program, for the employees of the city that council may by by-law determine;

(b) an equal number of representatives appointed by council; and

(c) a city administrator or an employee of the city designated by council as a member of the benefits program for the employees of the city.

Procedures

75(4)       Where council establishes the benefits board, the by-law shall

(a) provide the method of election of the representatives of the members of the benefits board;

(b) provide the method of appointment of the officers of the benefits board;

(c) fix the terms of the members and officers of the benefits boards;

(d) provide rules and regulations governing the proceedings of the benefits board and the conduct of its meetings; and

(e) establish advisory committees to the benefits board.

Employee benefits investment committee

75(5)       Council may by by-law establish a committee to be known as "The Employee Benefits Investment Committee", referred to in this section as the "investment committee".

Composition of investment committee

75(6)       Where the investment committee is established it shall comprise

(a) two persons appointed by the representatives of the members on the benefits board, for such term as may be fixed by the benefits board; and

(b) four persons appointed by council, at least three of whom shall be chosen for their investment experience and competence, and all of whom shall be appointed for such term as may be fixed by council.

Responsibility for other plans

75(7)       Council may by by-law authorize the benefits board to accept certain powers and duties in regard to some or all of the other pension plans or group insurance plans that the city maintains.

Board in existence

75(8)       Where a board or committee exists and is administering a plan mentioned in subsection (7), acceptance by the benefits board of any powers or duties under subsection (7) shall be subject to approval of the existing board or committee.

No boards in existence

75(9)       Where no board or committee exists to administer a plan mentioned in subsection (7) acceptance by the benefits board shall be subject to the approval of council.

Expenses

75(10)      The benefits board may charge the plan for the necessary expenses in carrying out its responsibilities.

Powers and duties of benefits board

75(11)      In respect of the pension plan and group insurance plan that it operates and administers, the benefits board shall

(a) establish a separate fund for each pension plan and for each group insurance plan, and each fund shall consist of the contributions and payments made into the respective fund, together with such earnings, profits and increments that occur as a result of the investment and reinvestment of contributions and payments;

(b) administer and interpret the intent of each plan consistent with the requirements of the applicable by-law of the city;

(c) recommend to council the appointment or re-appointment of one or more investment institutions or investment counsellors, each with such power to manage the investment of a fund or portion of a fund as is specified in the recommendation, or the termination of any such appointment or re-appointment already made, but a recommendation shall be submitted only when it concurs with a recommendation most recently received from the investment committee;

(d) recommend to council the appointment of one or more insurance companies to provide all or some of the benefits mentioned in each group insurance plan;

(e) subject to the approval of a city administrator designated by council,

(i) appoint such persons to provide services as the benefits board considers necessary in the performance of its powers, duties and responsibilities; and

(ii) rent premises, purchase supplies and equipment and employ such personnel as are required for the efficient administration of the program;

(f) determine as frequently as necessary the amounts that are available for investment;

(g) allocate the amount of money that is available in each fund for investment, or that is already invested, in accordance with directions it receives from the investment committee;

(h) ensure that each recipient of money allocated under clause (g) is held in trust for the fund, or that the money is credited to the fund;

(i) submit the accounts of each fund at least yearly for examination, checking and audit by the city auditor;

(j) on recommendation of the investment committee, establish accounts for each fund in a bank or other financial institution in Canada;

(k) as soon as possible after January 1 in each year, submit to council a report that contains audited financial statements for the previous year including, for each fund, a balance sheet, a statement of income and expenditures, a statement of changes in each fund, and a schedule of the investments of each fund;

(l) keep a complete and accurate set of accounts for each fund and, where necessary, for a portion of each fund;

(m) ensure that an actuarial report is made on the status of each fund as often as council may establish by by-law, and at such other times as the benefits board may consider advisable;

(n) make all disbursements and allocations from each fund by cheque or an authorization that is signed as the benefits board may be resolution determine from time to time; and

(o) allocate to each fund on an equitable basis all costs and expenses of the benefits board in the operation and administration of the funds, including any remuneration paid to the members of the benefits board and the investment committee, as determined by the benefits board, and the amounts so allocated shall be paid from each respective fund.

Appointment to benefits board

75(12)      Where the benefits board has recommended that an appointment be made to the benefits board by council, the appointment shall be made only if council concurs with the recommendation made by the benefits board.

Establishment of other benefits boards

75(13)      Council may by by-law establish other benefits boards for any pension plans and group insurance plans that the benefits board does not operate and administer, and the other benefits boards may be given some or all of the powers, duties and responsibilities conferred on the benefits board by this section.

Composition and procedures of boards

75(14)      Where other benefits boards are established under subsection (13), council shall by by-law determine the composition of, and the procedures applicable to, the benefits boards.

Duties of investment committee

75(15)      In respect of the funds established as a result of the pension plan and group insurance plan that are operated and administered by the benefits board, the investment committee shall

(a) recommend to the benefits board the bank or other financial institution in Canada in which the accounts of each fund are to be established or re-established;

(b) recommend to the benefits board the appointment or re-appointment of one or more investment institutions or investment counsellors to manage the investments of each fund or portion thereof, and specify the terms and conditions to apply in each case;

(c) recommend to the benefits board termination of the appointment or re-appointment of an investment institution or investment counsellor;

(d) direct the benefits board to allocate the amounts that may become available for investment or that are already invested between the investment institutions and the investment counsellors appointed by council, in such proportions as may be determined by the investment committee; and

(e) establish and review regularly the investment policy for each fund and the performance of each organization that manages the investments of the fund or a portion of the fund.

Additional duties

75(16)      Council, may, by by-law, authorize the investment committee to accept the duties mentioned in subsection (15) for some or all of the other pension plans or group insurance plans that the city maintains but that are not operated and administered by the benefits board.

Existing board or committee

75(17)      Where a board or committee exists and is administering a plan mentioned in subsection (16), acceptance by the investment committee of the duties mentioned in subsection (16) shall be subject to the approval of the board or committee.

Where no board exists

75(18)      Where no board or committee exists to operate and administer a plan mentioned in subsection (16) acceptance by the investment committee shall be subject to the approval of council.

Permitted investment of funds

75(19)      Each fund operated or administered by the benefits board or other benefits boards established under this Act shall be invested in such investments as are permitted by both the by-law applicable to the fund and The Pension Benefits Act and the regulations under that Act and, the securities issued by The Manitoba Hospital Capital Financing Authority established under The Hospital Capital Authority Act, but in no other securities or investments.

Combination of funds

75(20)      Some or all of the funds being operated or administered by the benefits board or other benefits boards established under this Act may be combined for investment purposes if

(a) council, by by-law, authorizes the combination;

(b) the permitted investments are the same in each fund being combined;

(c) the investment committee has the same duties with respect to each such fund as it has with the other funds; and

(d) accounts are maintained that show each fund's share of the combined fund.

Other employees under plan

75(21)      A by-law enacted under subsection (1) may provide for the admission of the employees of

(a)Winnipeg Enterprises Corporation;

(b)The Convention Centre Corporation;

(c)The Sinking Fund Trustees of the City of Winnipeg;

(d)The Winnipeg Ambulance Commission established under section 525;

(e) the St. Boniface Museum Board;

(f) the Transcona Historical Museum; and

(g) any other board, commission, corporation or other body, whether incorporated or unincorporated, established by council or under this Act;

on such terms and conditions as may be recommended by the benefits board, into the benefits program for the employees of the city, and the city may for that purpose enter into agreements with any of those bodies.

Continued power

76          Council shall be deemed always to have had the powers contained in subsection 74(1) and section 75.

Pensions exempt from process

77          Subject to The Garnishment Act, the right of a retired employee of the city, a board or commission or the police department to receive payments out of a pension fund heretofore or hereafter created by the city, or out of the police pension fund, and money payable to a person under the city's pension scheme or out of any such fund, or as advance by way of gratuity, whether made in periodic payments or otherwise, shall not be assigned, charged, anticipated or given as security, or seized, attached or levied upon by or under the process of a court.

City may refuse power of attorney

78          The city may in its discretion refuse to recognize a power of attorney granted by a person with reference to any right, money or payment to which reference is made in section 77.

Re-numbering of provisions

6           The following provisions are re-numbered:

(a) sections 75.1 to 75.9 (ombudsman) are re-numbered as sections 65 to 73;

(b) section 78.1 (pensions) is re-numbered as section 79;

(c) section 80.1 (records) is re-numbered as section 80.

Section 105 amended

7           Section 105 is amended by striking out "the annual estimates, or to appoint department heads, commissioners, or the chief commissioner" and substituting "and the annual estimates, and to appoint city administrators".

Subsection 155(3) amended

8           Subsection 155(3) is amended by striking out "chief commissioner" and substituting "designated city administrator".

Subsection 155(4) amended

8(2)        Subsection 155(4) is amended by striking out "by the chief commissioner to one of the commissioners of a standing committee" and substituting "by the designated city administrator to another city administrator".

Various provisions amended

9           In the following provisions, "commissioner of works and operations" is struck out wherever it occurs and "designated city administrator" is substituted: subsections 353(1), 363(1), 384(1) and 501(1).

Subsection 424(4) amended

10          Subsection 424(4) is amended by striking out "an appointed commissioner" and substituting "the designated city administrator".

Subsection 456(1) amended

11(1)       Subsection 456(1) is amended by striking out "the board of commissioners" and substituting "a committee that council shall appoint to deal with the suspension of a member of the police department; and no member of council shall be a member of the committee."

Subsection 456(2) amended

11(2)       Subsection 456(2) is amended by striking out "The board of commissioners" and substituting "The committee that is appointed by council under subsection (1),".

Subsection 456(3) amended

11(3)       Subsection 456(3) is amended

(a) by deleting "by board of commissioners" from the heading;

(b) by striking out "or the board of commissioners acts under subsection (2), the board shall" and substituting ", or where a person is suspended under subsection (2), the committee that is appointed under subsection (1) shall";

(c) in clause (c), by striking out "to the board of commissioners".

Subsection 456(4) amended

11(4)       Subsection 456(4) is amended

(a) by striking out "of Board" from the heading;

(b) by striking out "The board of commissioners has in conducting a hearing under subsection (3) all" and substituting "In conducting a hearing under subsection (3), the committee appointed under subsection (1) has".

Subsection 456(5) amended

11(5)       Subsection 456(5) is amended by striking out "the board of commissioners" and substituting "the committee that conducts a hearing under subsection (3)".

Subsection 456(6) amended

11(6)       Subsection 456(6) is amended

(a) by striking out "board of commissioners" in the heading and substituting "appointed committee";

(b) by striking out "board of commissioners" and substituting "the committee that conducts the hearing".

Subsection 456(7) amended

11(7)       Subsection 456(7) is repealed and the following is substituted:

Report of suspension

456(7)      Where the committee takes action under subsection (6), it shall forthwith report the action to executive policy committee.

Section 459 amended

12          Section 459 is amended

(a) by striking out "the board of commissioners" where it first appears and substituting "a committee appointed by council under subsection 456(1)";

(b) by striking out "and the board of commissioners" where it appears a second time, and substituting ", and the committee".

Subsections 474(4) to (6) added

13          The following is added after subsection 474(3):

Report of offence

474(4)      Notwithstanding subsection (3), where the supervisor of building inspections believes on reasonable and probable grounds, following an inspection of plans, specifications or other information provided to the city under this Part, that an offence has been committed under The Engineering Profession Act or The Architects Act, he or she may bring the plans, specifications or other information to the attention of the Association of Professional Engineers or The Manitoba Association of Architects.

Information to be made available

474(5)      Where the Association of Professional Engineers or The Manitoba Association of Architects commences an investigation of the work of a professional engineer or architect submitted to the city under this Part, the city shall make the work available to the Association on its request.

No action against city or employees

474(6)      No action lies against the city, the supervisor of building inspections or any agent or employee of the city for providing information under subsections (4) or (5).

Subsection 525(7) added

14          The following is added after subsection 525(6):

Council may fix fees and charges

525(7)      Council may fix a fee or charge, or prescribe a method for determining a fee or charge, for ambulance service.

Various provisions amended

15          In the following provisions, "designated commissioner" is struck out wherever it appears and "designated city administrator" is substituted:

(a) section 603;

(b) subsections 614(2) to (4), 625(3), 642(12) to (14), (40) and (41);

(c) clause 666(6)(b); and

(d) subclause 642(16)(c)(iii).

Section 626 amended

16          Section 626 is amended:

(a) by deleting the heading above subsection (1) and substituting "Granting of variances";

(b) by striking out "designated commissioner" and "commissioner" wherever they appear in subsections (1) and (2), and substituting "designated city administrator";

(c) by deleting "from decision of commissioner" from the heading above subsection (3);

(d) by striking out "designated commissioner" in subsections (3) and (4) and substituting "designated city administrator".

Subsection 668(1) amended

17(1)       Subsection 668(1) is amended by striking out the definition "purchase price" and substituting the following:

"purchase price" means the price at which electricity or gas is sold to a consumer before the allowance or deduction of any discount for prompt payment, and includes

(a) where the electricity or gas is purchased, manufactured or otherwise acquired outside the province and is later received in the city for use or consumption in the city, any costs to the purchaser related to the electricity or gas, including the cost of transportation,

(b) any tax, levy or duty that is imposed by the Government of Canada in respect of the electricity or gas, or its purchase, sale or importation, and that is paid or collected by the seller,

whether or not the costs, tax, levy or duty are shown separately on any invoice or in the books of the seller or purchaser; but does not include any tax or levy imposed by the Province of Manitoba in respect of the electricity or gas; («prix d'achat»)

Subsections 668(22) & (23) added

17(2)       The following is added after subsection 668(21):

Purchaser to assume duties of seller

668(22)     Where the seller does not carry on business in the city, the purchaser shall assume the duties, responsibilities and liabilities of the seller, in which case subsection (17) does not apply.

Owner of system to advise city

668(23)     An owner of a distribution system that transports or distributes in the city gas that the owner of the distribution system does not own shall advise the city monthly of the amounts of such gas, and the name of each owner of the gas.

Transitional re section 48 & subsection 49(4)

18          Notwithstanding the repeal of section 48 and subsection 49(4) under section 4 of this Act, those provisions remain in force until a proclamation is issued under section 16(4) of Bill 32, The City of Winnipeg Amendment Act.

Coming into force

19(1)       Subject to subsections (2) and (3), this Act comes into force on the day it receives royal assent.

Retroactive provisions

19(2)       Sections 1 and 18 are deemed to have come into force on November 1, 1989.

Proclamation

19(3)       Section 3 comes into force on the day that section 41 is proclaimed under section 15.1 of The City of Winnipeg Amendment Act, S.M. 1989-90, chapter 8.