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The Municipal Amendment Act

S.M. 1991-92, c. 12

Bill 18, 2nd Session, 35th Legislature

The Municipal Amendment Act

(Assented to July 26, 1991)

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

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

1           The Municipal Act is amended by this Act.

Clause 10(1)(b) rep. and sub.

2(1)        Clause 10(1)(b) is repealed and the following is substituted:

(b)has a total municipal assessment of not less than $3,000,000.; and

Clause 10(2)(b) rep. and sub.

2(2)        Clause 10(2)(b) is repealed and the following is substituted:

(b)has a total municipal assessment of not less than $6,000,000.; and

Subsection 45(2) amended

3           Subsection 45(2) is amended by adding "consecutive" after "at least two".

Section 47 amended

4           Section 47 is amended

(a)in clause (b), by adding "provincial judge," after "A";

(b)by repealing clause (d) and substituting the following:

(d)a treasurer, clerk or other paid officer of a municipality who is appointed by a by-law of the municipality;

(c) by repealing clause (e); and

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

(k) A member of the Legislative Assembly.

Subsections 52(2) and (3) rep. and sub.

5           Subsections 52(2) and (3) are repealed and the following is substituted:

Date of beginning of term

52(2)       The term of office of a member elected under this section commences on the first Tuesday in November in the year in which the member is elected.

Date of termination of term

52(3)       The term of office of a member elected under this section expires on the first Tuesday in November in the year in which the term of office ends.

Subsection 52(4) amended

6           Subsection 52(4) is amended by striking out "including The City of Winnipeg" and substituting "except The City of Winnipeg".

Subsection 53(1) rep. and sub.

7           Subsection 53(1) is repealed and the following is substituted:

Place for nominations

53(1)       Nominations shall be filed with the returning officer at the place at which the most recent meeting of the council of the municipality was held, or at such other place as the council by by-law appoints.

Subsection 55(1) rep. and sub

8           Subsection 55(1) is repealed and the following is substituted:

When nominations to be received

55(1)       The returning officer shall receive nominations in the seven days before the first Wednesday in October during the regular business hours of the municipality on the days the offices of the municipality are normally open.

Subsection 99(1) amended

9           Subsection 99(1) is amended

(a) in clause (a), by striking out "Schedule 1" and substituting "Schedule 2";

(b) in clause (b), by striking out "Schedules 2, 3, 4, and 5," and substituting "Schedules 3, 4, 5 and 6,".

Section 109 amended

10          Section 109 is amended by renumbering it as subsection 109(1) and by repealing the heading and substituting "Indemnities of members".

Subsection 110(1) amended

11(1)       Subsection 110(1) is amended by renumbering it as subsection 109(2) and

(a) by repealing the heading and substituting "Indemnities in rural municipalities";

(b) by striking out "Subject to section 111 and subsection (2), any", and substituting "Subject to sections 110 and 111, a".

Subsection 110(2) amended

11(2)       Subsection 110(2) is amended by renumbering it as section 110 and

(a) by repealing the heading and substituting "Expenses of member inside municipality";

(b) by striking out "subsection (1)" and substituting "subsection 109(2)";

(c) by striking out "rural".

Subsection 111(1) heading rep. and sub.

12          The heading preceding subsection 111(1) is repealed and "Expenses of member outside municipality" is substituted.

Subsection 115(1) rep. and sub

13          Subsection 115(1) is repealed and the following is substituted:

Annual organization meeting

115(1)      Each year, within 21 days after the fourth Wednesday in October, the council of a municipality shall hold a meeting at which the council shall be organized for the following 12 months.

Section 122.1 added

14          The following is added after section 122:

Limit on old council after election day

122.1       After the fourth Wednesday in October in the year of an election, the outgoing council of a municipality shall not, before the term of the new council commences,

(a) pass a by-law, except a by-law respecting an undertaking that is approved by the board;

(b) pass a resolution that involves the payment of money, other than money provided in the estimates for the current year;

(c) enter into a contract or obligation;

(d) appoint or dismiss an officer under the control of the council; or

(e) do any other act unless the act relates to an emergency, or is one that the council is required by law to do, or is authorized to do by a resolution or by-law that is passed before the election day or the day on which all candidates are declared elected by acclamation.

Heading preceding section 151 repealed

15          The heading "SECRETARY-TREASURER" preceding section 151 is repealed and the heading "SECRETARY-TREASURER AND MUNICIPAL ADMINISTRATOR" is substituted.

Section 150.1 added

16          The following is added after section 150 and the heading to Subdivision V11:

Municipal administrator and secretary treasurer

150.1       For the purposes of this Act, "municipal administrator" and "secretary-treasurer" have the same meaning.

Subsection 251(1) amended

17          Subsection 251(1) is amended by adding "closing," after "opening,".

Section 284 amended

18          Section 284 is amended by renumbering it as subsection 284(1) and by adding the following after subsection (1):

Reasonable excuse for lack of notice

284(2)      A person who fails to serve notice on a clerk, as required under subsection (1), is not barred from taking court action if the court before which the action is taken determines that

(a) there is a reasonable excuse for the person failing to serve notice; and

(b) the municipality is not prejudiced in its defence by the lack of notice.

Clause 306(3)(a) amended

19          Clause 306(3)(a) is amended by striking out "subsection (2)" and substituting "subsection (1)".

Section 339 amended

20          Section 339 is amended by striking out "Sections 335" and substituting "Sections 334".

Clause 380(1)(q) added

21          Subsection 380(1) is amended by adding the following after clause (p):

(q) for any other purpose that, in the opinion of the council, is in the interests or to the advantage of the municipality or the inhabitants of the municipality.

Subsection 490(2) amended

22          Subsection 490(2) is amended by striking out "or" at the end of the clause (a), by adding "or" at the end of clause (c) and by adding the following after clause (c):

(d) in securities that are unconditionally guaranteed by a bank as to repayment of principal and interest.

Subsection 574(5) amended

23          Subsection 574(5) is amended by striking out ", both in its books and in the bank,".

Clause 577(1)(d) rep. and sub.

24          Clause 577(1)(d) is repealed and the following is substituted:

(d) has a total municipal assessment of $850,000.;

Subsection 584(5) amended

25          Subsection 584(5) is amended

(a) by striking out the heading and substituting "Application of subsections 111(5) and (6)";

(b) by striking out "Subsection 111(5) applies" and substituting "Subsections 111(5) (rates of indemnities) and 111(6) (publication) apply".

Subsection 599(1) amended

26(1)       Subsection 599(1) is amended by adding ", subject to the approval of the minister," after "may".

Subsection 599(2) amended

26(2)       Subsection 599(2) is amended by adding ", subject to the approval of the minister," after "shall".

Section 667 and Subdivision heading rep.

27          Section 667 and the subdivision heading preceding it are repealed.

Subsection 687(7) rep. and sub.

28          Subsection 687(7) is repealed and the following is substituted:

Term of office

687(7)      Subject to subsection (8), a member of a board shall hold office for a term of not less than 1 year and not more than 3 years, as council shall specify at the time of the appointment, and thereafter until a successor is appointed.

Clause 713(3)(d) amended

29          Clause 713(3)(d) is amended by striking out "$100" and substituting "an amount prescribed by the Lieutenant Governor in Council by regulation".

Section 717.1 added

30          The following is added after section 717:

DIVISION III.1

MINING AND REMOVAL OF AGGREGATE

Definitions

717.1(1)    In this section

"aggregate" means a quarry mineral that is used solely for construction purposes or as a constituent of concrete other than in the manufacture of cement and includes sand, gravel and crushed stone or rock; («agrégat»)

"aggregate mining licence" means a licence issued under a by-law passed under clause (2)(a); («permis d'exploitation d'agrégat»)

"aggregate transport licence" means a licence issued under a by-law passed under clause (2)(b); («permis de transport d'agrégat»)

"highway" means a highway over which a municipality has jurisdiction. («route»)

By-laws on aggregate

717.1(2)    Subject to regulations made under subsection (3), the council of a municipality may pass by-laws

(a) respecting the issuance of aggregate mining licences for the mining of aggregate from land in the municipality, except in respect of aggregate owned by the Crown or a Crown agency, whether or not mined by a third party under a quarry permit, quarry lease or otherwise;

(b) respecting the issuance of aggregate transport licences for transporting aggregate on a highway;

(c) subject to clause 713(3)(d), setting fees payable for aggregate mining licences and aggregate transport licences;

(d) fixing fees or establishing a schedule of fees payable by the holder of an aggregate mining licence based on the quantity of aggregate removed from land in the municipality by the holder;

(e) fixing fees or establishing a schedule of fees payable by the holder of an aggregate transport licence for the maintenance, repair and restoration of any highway used by the holder to transport aggregate;

(f) providing for an agreement, in lieu of the payment of fees fixed under clause (e), between the municipality and the holder of an aggregate transport licence respecting the maintainance, repair and restoration of any highway used or to be used by the holder to transport aggregate;

(g) fixing fees or establishing a schedule of fees payable by the holder of an aggregate transport licence for the shortening of the lifetime of a highway resulting from the transporting of aggregate;

(h) requiring the holder of an aggregate mining licence to pay any fee referred to in clauses (e) or (g) in respect of aggregate mined by the holder of the aggregate mining licence and transported by the holder or another person; and

(i) providing for an agreement, in lieu of an agreement under clause (f) or the collection of fees under clause (e), between the municipality and the holder of an aggregate mining licence respecting the maintenance, repair and restoration of any highway used or to be used by the holder of the aggregate mining licence or another person to transport aggregate mined by the holder of the aggregate mining licence.

Regulations re fees and agreements

717.1(3)    The Lieutenant Governor in Council may make regulations

(a) setting the maximum amount of a fee or schedule of fees in a by-law passed under subsection (2);

(b) respecting the content of an agreement under clause (2)(f).

Basis of fees in by-law and regulation

717.1(4)    A by-law passed under subsection (2) and a regulation made under clause (3)(a) may base the fees or schedule of fees on

(a) the weight of aggregate;

(b) the weight of a vehicle transporting aggregate;

(c) the distance aggregate is transported within a municipality;

(d) the time of year in which aggregate is transported;

(e) the nature of the construction of a highway on which aggregate is transported; or

(f) any other factors that the council or minister considers advisable or necessary.

Offence to mine or transport without licence

717.1(5)    Where a municipality passes a by-law under subsection (2), any person who

(a) mines aggregate from land in the municipality without first obtaining an aggregate mining licence; or

(b) transports aggregate on a highway in the municipality without first obtaining an aggregate transport licence

is guilty of an offence.

Section 769 amended

31          Section 769 is amended by striking out "$50." and substituting "an amount prescribed by the Lieutenant Governor in Council by regulation".

Subsection 856(1) amended

32          Subsection 856(1) is amended

(a) in clause (a), by striking out "the date of the tax sale" and substituting "the date that the land is advertised under section 804 in The Manitoba Gazette";

(b) by striking out "and" at the end of clause (c), by adding "and" at the end of clause (d), and by adding the following after clause (d):

(e) the amount of any fees paid or payable by the tax purchaser to the Land Titles Office in respect of the land.

Subsection 883(2) amended

33          Subsection 883(2) is amended by striking out "and" at the end of clause (e), and by adding the following:

(g) show any amount of money that the owner of the land owes to the municipality and that may be charged against the land and collected as a tax; and

(h) show the amount of tax levied for the current year.

Form 22 of Schedule 1 rep. and sub.

34          Form 22 of Schedule 1 is repealed and the form set out in the Schedule to this Act is substituted.

Consequential Amendment

C.C.S.M. c. M226 amended

35(1)       The Municipal Assessment Act is amended by this section.

Clause 31(4)(j) added

35(2)       Subsection 31(4) is amended by striking out "or" at the end of clause (h), by adding "or" at the end of clause (i), and by adding the following after clause 31(4)(i):

(j) is equipment used for the mining or removal of aggregate, as defined in section 717.1 of The Municipal Act.

Coming into force

36(1)       Subject to subsections (2) and (3), this Act comes into force on the day it receives royal assent.

Proclamation

36(2)       Sections 29 to 31 and 35 come into force on a day fixed by proclamation.

Section 19 retroactive

36(3)       Section 19 is retroactive and is deemed to have come into force on October 19, 1988.