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The City of Winnipeg Amendment Act (3)

S.M. 1989-90, c. 52

Bill 62, 2nd Session, 34th Legislature

The City of Winnipeg Amendment Act (3)

(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. 9 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 by repealing the definition "additional zone".

Section 4 amended

3           Section 4 is amended by striking out subsection (2) and re-numbering subsection 4(1) as section 4.

Section 144 repealed

4           Section 144 is repealed.

Clause 149(1)(b) amended

5           Clause 149(1)(b) is amended by striking out "or by the council or an officer or employee of a municipality in the additional zone".

Subsection 212(1) rep. and sub.

6           Subsection 212(1) is struck out and the following is substituted:

Council may set penalties

212(1)      Notwithstanding sections 772 to 777 of The Municipal Act, council may by by-law prescribe the rate of penalties to be added to taxes remaining due and unpaid.

Various provisions amended

7           The following provisions are amended by striking out "and the additional zone" wherever it appears:

(a) sections 160, 416, 449, 471, 472, 478 and 542;

(b) subsections 159(1) and (3);

(c) clause 538(1)(a).

Subsection 346(5) added

8           The following is added after subsection 346(4):

Special assessments under old agreement

346(5)      Notwithstanding any other provision of this Part, where before January 1, 1972 an area municipality entered into an agreement with owners, or persons entitled to be owners, of land within an area municipality that provided for the construction of a local improvement, and for a manner of levying special assessments in respect of the local improvement that was different than the manner required under this Part, but which would have been valid if The City of Winnipeg Act, S.M. 1971, chapter 105, had not been enacted, the city may, to the extent necessary to comply with the agreement, levy special assessments, including interest at a rate not exceeding the rate levied by the city in respect of other local improvements during the year, for the local improvement in the manner provided by the agreement; and the provisions of this Part that are not inconsistent with the provisions of the agreement apply, with such modifications as the circumstances require; and the city is deemed to have had this power from the date of the agreement.

Subsection 412(1) amended

9           Subsection 412(1) is amended by striking out "or the additional zone", where it twice appears, and "and the additional zone".

Various provisions amended

10          The following provisions are amended by striking out "or the additional zone" wherever it appears:

(a) sections 491, 613 and 623;

(b) subsections 642(3), (5) and (34).

Section 571 amended

11          Section 571 is amended:

(a) in the heading, by striking out "in additional zone" and substituting "outside the city";

(b) by striking out "that is wholly or partly within the additional zone";

(c) by striking out "to any part of the municipality that is within the additional zone" and substituting "to a municipality or part thereof".

Section 574 amended

12          Section 574 is amended:

(a) in the definition of "action area", by striking out "or any area within the boundaries of the land of a municipality in the additional zone,";

(b) in the definition of "community plan", by striking out "or all that part of a municipality that is within the additional zone," and "or all that part of the municipality that is within the additional zone", and "or within all that part of the municipality that is within the additional zone";

(c) in the definition of "Winnipeg development plan", by striking out "and the additional zone".

Subsection 575(1) amended

13          Subsection 575(1) is amended by striking out ", and any area of a municipality that is within the additional zone,".

Subsection 576(3) amended

14          Subsection 576(3) is amended by striking out "and in the additional zone".

Section 577 amended

15          Section 577 is amended:

(a) in clauses (a) and (b), by striking out "and the additional zone";

(b) in clause (c), by striking out "and in the additional zone".

Subsection 579(2) amended

16          Subsection 579(2) is amended by striking out "and each council of a municipality in the additional zone".

Subsection 585(1) rep. & sub.

17(1)       Subsection 585(1) is repealed and the following is substituted:

Preparation and adoption

585(1)      The minister may, after consulting council, in writing order council to cause to be prepared and to adopt a community plan for each community.

Subsection 585(2) rep. & sub.

17(2)       Subsection 585(2) is repealed and the following is substituted:

Amendment to community plan

585(2)      Where the council adopts a community plan for a community, the minister may, after consulting council, order council to prepare and to adopt an amendment, repeal or replacement of the community plan or plans.

Section 588 amended

18          Section 588 is amended by striking out "and where the plan covers the land of a municipality in the additional zone, after the council consults with the council of the municipality,".

Subsection 589(1) amended

19(1)       Subsection 589(1) is amended by striking out all the words after "each community".

Subsection 589(2) amended

19(2)       Subsection 589(2) is amended by striking out all the words after "that community".

Subsection 589(3) amended

19(3)       Subsection 589(3) is amended by striking out all the words before clause (a) and substituting "When the draft community plan is reviewed by a community committee under subsection (2), the community committee shall cause a public notice to be given".

Subsection 589(5) amended

19(4)        Subsection 589(5) is amended by striking out clauses (a) and (b) and substituting the following:

(a) by publishing a copy in at least two newspapers having a general circulation in the city once each week for at least two weeks before the meeting;

(b) in any other manner that council considers advisable.

Subsection 589(6) amended

19(5)       Subsection 589(6) is amended by striking out ", or where the land is in the additional zone, the council of the municipality in which the land is situated,".

Subsections 589(7) & (10) amended

19(6)       Subsections 589(7) and (10) are amended by striking out ", or the council of the municipality, as the case may be,".

Subsection 589(8) amended

19(7)       Subsection 589(8) is amended by striking out ", or the council of the municipality, as the case may be," and "or council of the municipality".

Subsection 590(2) repealed

20          Subsection 590(2) is repealed.

Section 597 amended

21          Section 597 is amended by striking out all the words after "in a community".

Subsection 600(2) amended

22          Subsection 600(2) is amended by striking out all the words after "community affected".

Subsection 602(1) amended

23          Subsection 602(1) is amended by striking out the words before clause (a) and substituting "Council may enact by-laws with respect to".

Subsections 605(1) & (5) am.

24          Clause 605(1)(h) and subsection (5) are amended by striking out "or where the land is in a municipality in the additional zone to the municipality in which the land is located,".

Subsection 614(2) amended

25(1)       Subsection 614(2) is amended by striking out "if the land is in the city, and to the council of the municipality if it is located in the additional zone".

Subsections 614(3) & (4) amended

25(2)       Subsection 614(3) and clause 614(4)(b) are amended by striking out "or to the council of the municipality if the land affected is in the additional zone".

Subclause 614(6)(c)(ii) amended

25(3)       Subclause 614(6)(c)(ii) is amended by striking out everything after "rolls of the city".

Repeal of 618, 625(17) & 627(8)

26          Section 618 and subsections 625(17) and 627(8) are repealed.

Clause 620(2)(a) amended

27          Clause 620(2)(a) is amended by striking out "or, if the land affected is in the additional zone, the report of the council of the municipality".

Section 624.1 added

28          The following is added after section 624:

Buildings spanning water courses

624.1(1)    Notwithstanding any provision of this Act or The Rivers and Streams Act or any by-law, resolution or regulation, no permit shall be issued by or on behalf of the city or council under this Act or as an authority under The Rivers and Streams Act for the construction or placement in the city of a building or structure which would span a water course, other than a highway, a utility or a building or structure exempted from this section by regulation.

Regulations by L.G.in C.

624.1(2)    The Lieutenant Governor in Council may make regulations exempting buildings and structures or classes of buildings or structures from subsection (1).

Retroactive effect

624.1(3)    Where, before the coming into force of this section a permit is issued and is subsisting for the construction of a building or structure which spans a watercourse, other than a highway, a utility or building or structure exempted by regulation from subsection (1) the permit is deemed to be cancelled and compensation shall be paid to the holder of the permit according to law.

Subsections 642(1) & (2) amended

29(1)       Subsections 642(1) and (2) are amended by striking out "or in the additional zone" and "or by a municipality within the additional zone" wherever they appear.

Subsection 642(8) amended

29(2)       Subsection 642(8) is amended by striking out ", or the relevant municipality where the land is located in the additional zone, as the case may be,".

Subsection 642(13) amended

29(3)       Subsection 642(13) is amended by striking out "if the land is in the city or to the council of the municipality if the land is in the additional zone".

Subclause 642(16)(c)(ii) amended

29(4)       Subclause 642(16)(c)(ii) is amended by striking out everything after "rolls of the city".

Subsection 642(29) amended

29(5)       Subsection 642(29) is amended:

(a) in clauses (a) and (b), by striking out "or, where the land is in a municipality in the additional zone, to the municipality in which the land is located,";

(b) in clause (f), by striking out "or a municipality in the additional zone, or both,";

(c) in subclause (f)(ii) by striking out "or in the additional zone".

Subsection 642(46) amended

29(6)       Subsection 642(46) is amended by striking out "or in the additional zone".

Section 645 rep. & sub.

30          Section 645 is repealed and the following is substituted:

Money paid in lieu of conveyance

645         Notwithstanding any other provision of this Act, where council requires the payment of a sum of money in lieu of a conveyance of land to the city as a condition of the enactment of a zoning by-law, or the approval of a plan of subdivision, or the granting of a consent under this Part, or under subsection 642(45), council may by by-law declare that a part or all of the money shall be used for a public purpose other than the purchase of land.

Sections 665 & 666 repealed

31          Sections 665 and 666 are repealed.

Subsection 674(3) amended

32          Subsection 674(3) is amended by striking out "and the additional zone" where it twice appears.

Sections 686 to 688 added

33          The following is added after section 685:

By-laws, etc. continued in additional zone

686         Notwithstanding the provisions of this or any other Act, but subject to sections 687 and 688, a by-law, regulation, resolution, order or plan that comes into force or effect in any part of the additional zone under The City of Winnipeg Act, S.M. 1971, chapter 105, or The Municipal Act, continues in force or effect until the municipal council of an additional zone area to which it applies directs that it cease to have force and effect in the area; and subsections 149(1) and (3) to (5) (offences and penalties) of this Act continue to apply to the by-law, regulation, resolution, order or plan.

Winnipeg development plan continued

687         Notwithstanding the repeal of provisions in this Act relating to the additional zone, the Winnipeg development plan, as defined in Part 20, is deemed to be a development plan adopted under The Planning Act in any part of a municipality that was in the additional zone, and is subject to the provisions of that Act.

Development permissions

688         Where, before the repeal of provisions in this Act relating to the additional zone, council grants under section 637 a development permission that is subject to conditions, the development permission is deemed to be a conditional approval under subsection 64(2) of The Planning Act, and is subject to the provisions of that Act.

Coming into force

34(1)       Subject to subsection (2), this Act comes into force on a day fixed by proclamation.

Retroactive provision

34(2)       Section 8 is retroactive and is deemed to have come into force on December 22, 1989.

Royal assent

34(3)       Sections 6 and 28 come into force on the day this Act receives royal assent.