Skip to main content
The Northern Affairs Amendment Act

S.M. 1991-92, c. 39

Bill 63, 2nd Session, 35th Legislature

The Northern Affairs 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. N100 amended

1           The Northern Affairs Act is amended by this Act.

Section 1 amended

2           Section 1 is amended

(a) by repealing the definition "community" and substituting the following:

"community" means an area in Northern Manitoba that is designated a community by the minister under subsection 13(6); («communauté»)

(b) by repealing the definition "district";

(c) in the definition of "incorporated community", by striking out "district" and substituting "community";

(d) in the definition "Northern Manitoba"

(i) by striking out "or" at the end of clauses (a) and (b);

(ii) by striking out the semi-colons at the end of clauses (a) to (c) and substituting commas;

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

"election" means an election held under this Act and the regulations; («élection»)

"elector" means a person eligible to vote in an election; («électeur»)

"member" means a member of a local committee, community council or incorporated community council; («membre»)

Section 2 amended

3           Section 2 is amended by striking out ""member" or "members", "minister"", and ""regulations"".

Subsection 4(2) amended

4           Subsection 4(2) is amended by adding "a community" after "an area in Northern Manitoba,".

Subsection 5(1) amended

5(1)        Subsection 5(1) is amended

(a) by striking out ", privileges and duties" wherever it occurs and substituting "and privileges";

(b) by striking out "shall" and substituting "may".

Subsection 5(2) rep. and sub.

5(2)        Subsection 5(2) is repealed and the following is substituted:

Regulations on assessment, taxes, grants

5(2)        Subject to regulations made by the Lieutenant Governor in Council, the minister may, on behalf of the residents of a community or an area of Northern Manitoba, provide by regulation for the assessment of property, the levying of taxes and, in lieu of taxes, the imposition of fees or acceptance of grants, and the provisions of The Municipal Act and The Municipal Assessment Act respecting the assessment of property, collection of taxes, and sale or disposal of property for non-payment of taxes apply with necessary modifications.

Subsection 5(4) rep. and sub.

5(3)        Subsection 5(4) is repealed and the following is substituted:

Tax not to exceed rate set by L.G.C.

5(4)        A rate of tax levied on an area or community by a regulation made under this section shall not exceed a rate determined by the Lieutenant Governor in Council by regulation.

Subsection 6(2) amended

6           Subsection 6(2) is amended

(a) by repealing the heading and substituting "Government contribution to cost of programs";

(b) by striking out "or for the benefit of" and substituting "a community or".

Subsection 7(4) amended

7(1)        Subsection 7(4) is amended

(a) by repealing the heading and substituting "Minister may make agreement re service";

(b) by striking out "and incorporated community, a local committee" and substituting "incorporated community, local committee".

Subsection 7(5) repealed

7(2)        Subsection 7(5) is repealed.

Subsection 10(2) rep. and sub.

8(1)        Subsection 10(2) is repealed and the following is substituted:

Subsection (1) not applicable

10(2)       Subsection (1) does not apply to Division I of Part XV (Tax Rolls) of The Municipal Act.

Subsection 10(5) repealed

8(2)        Subsection 10(5) is repealed.

Heading for Part III rep. and sub.

9           The heading for Part III is repealed and "LOCAL COMMITTEES, COMMUNITY COUNCILS, CONTACT PERSONS" is substituted.

Subsections 13(4) to (7) added

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

Local committees as of January 1, 1992

13(4)       A local committee elected before and existing on January 1, 1992 is deemed as of that date to be a community council, and the members of the local committee shall complete their terms of office as if their election to the local committee were to a community council.

Rights and obligations continued

13(5)       Where under subsection (4) a local committee becomes a community council, all existing rights and obligations of the local committee under contract or otherwise are continued in the name of the community council.

Minister may designate community

13(6)       Where the minister considers it advisable and in the interest of the residents of an area in Northern Manitoba, the minister may designate the area as a community to be known as "The Community of (name)", and may

(a) appoint a contact person for the community;

(b) appoint a local committee under subsection (1); or

(c) arrange for the election of a community council under section 15.

Duties of contact person

13(7)       A contact person appointed under subsection (6) shall act in an advisory and consultative capacity to the minister, on behalf of the community.

Subsection 15(1) amended

11(1)       Subsection 15(1) is amended by striking out "community councils and members of local committees" and substituting "a community council".

Subsection 15(2) rep. and sub.

11(2)       Subsection 15(2) is repealed and the following is substituted:

Term of office

15(2)       Each member of a community council shall hold office for a term prescribed by the Lieutenant Governor in Council by regulation.

Subsection 15(3) amended

11(3)       Subsection 15(3) is amended by striking out "maintain, and improve, local services in the community", and substituting "maintain and improve local services, and carry out programs and projects in the community".

Section 16 rep. and sub.

12          Section 16 is repealed and the following is substituted:

Remuneration and expenses of community council

16          Members of a community council may be paid from the funds of the community council, in accordance with the regulations, an indemnity or other remuneration and expenses incurred in the performance of duties as members.

Section 17 rep. and sub.

13          Section 17 is repealed and the following is substituted:

Expenses, meetings, disclosure and translation

17          Sections 38 and 41 to 54, except clauses 47(3)(a) and (b), apply with necessary modifications to a local committee and community council.

Subsection 18(1) amended

14(1)       Subsection 18(1) is amended by striking out "The members" and substituting "Subject to section 47, except clauses (3)(a) and (b), the members".

Subsection 18(3) added

14(2)       The following is added after subsection 18(2):

Minister to approve debts carried over

18(3)       No community council or local committee shall carry over a debt from one fiscal year to the next, except with the written approval of the minister, or a person designated by the minister for the purpose, but where the approval is not obtained, the debt is not invalidated by this provision.

Section 20 amended

15          Section 20 is amended

(a) by adding "or she" after "he", wherever it occurs;

(b) by adding "or her" after "his";

(c) by renumbering it as subsection 20(1) and adding the following after subsection (1):

Dissolution for other reasons

20(2) Where the minister is satisfied that a local committee or community council is no longer required, owing to a decrease in the population of the community or for any other reason, the minister may recommend to the Lieutenant Governor in Council that the local committee or community council, and the boundaries of the community, be dissolved, and the Lieutenant Governor in Council may do any of the following:

(a) dismiss the members of the local committee or community council;

(b) alter or dissolve the boundaries of the community;

(c) dissolve the local committee or community council;

(d) take over, administer or dispose of the assets.

Minister may change status of community

20(3) The minister may, with the approval of the Lieutenant Governor in Council, by regulation dissolve a community council or local committee without dissolving the boundaries of the community and may appoint a local committee or contact person for the area.

Subsections 21(1) and (2) rep. and sub.

16(1)       Subsections 21(1) and (2) are repealed and the following is substituted:

Area or community may be incorporated

21(1)       On receipt of a petition signed by not fewer than 15 adult residents of an area or community, the minister may recommend to the Lieutenant Governor in Council that the residents be incorporated as an incorporated community.

Content of petition

21(2)       The petition referred to in subsection (1)

(a) and the signatures on it, shall be verified by the statutory declaration of a person who has knowledge of the facts; and

(b) shall describe the proposed boundaries of the area or community that the petition proposes be incorporated by reference to a survey, landmarks, photogrammetric drawings or maps.

Subsection 21(3) amended

16(2)       Subsection 21(3) is amended

(a) by adding "or community" after "area";

(b) by striking out "he" and substituting "the minister".

Subsection 21(4) rep. and sub.

16(3)       Subsection 21(4) is repealed and the following is substituted:

Content of notice

21(4)       The notice referred to in subsection (3) shall describe the proposed boundaries of the area or community that the petition proposes be incorporated, and shall invite any person objecting to the petition or the proposed incorporation to submit his or her objection in writing, with a brief statement of the reasons for the objection, to the minister by a date specified by the minister and set out in the notice.

Subsections 22(1) and (2) rep. & sub.

17(1)       Subsections 22(1) and (2) are repealed and the following is substituted:

Defining area or community boundary

22(1)       With the approval of the Lieutenant Governor in Council, the minister may define the boundaries of the area or community referred to in subsection 21(1), or such other area as the minister considers appropriate, by reference to a survey based on astronomic bearings or, where such a survey is not available, to a photogrammetric survey.

Substitution of different type of survey

22(2)       Where under subsection (1) boundaries are defined by reference to a photogrammetric survey, the minister may at any time thereafter substitute for all purposes boundaries defined by reference to a survey based on astronomic bearings.

Subsection 22(3) amended

17(2)       Subsection 22(3) is amended

(a) by adding "Cooperative," after "Minister of".

area or community defined under;

Subsection 22(4) amended

17(3)       Subsection 22(4) is amended by adding "Cooperative," after "Minister of".

Section 23 amended

18          Section 23 is amended

(a) by repealing the heading and substituting "Minister to name day of incorporation";

(b) by striking out "which includes the whole of" and substituting "or";

(c) by striking out "he" and substituting "the minister";

(d) by striking out ", as the case may be,".

Section 30 amended

19          Section 30 is amended

(a) by repealing the heading and substituting "Content of letters patent";

(b) by striking out "The letters patent" and substituting "Subject to regulations made by the Lieutenant Governor in Council, the letters patent";

(c) in clause (a), by striking out "district" and substituting "area or community";

(d) in clause (c), by striking out "if subsection 34(1) applies" and substituting "if the mayor is to be elected by electors";

(e) in clause (l), by striking out "his" and substituting "the minister's".

Section 31 rep. and sub.

20          Section 31 is repealed and the following is substituted:

Alteration of boundaries

31(1)       Subject to subsections 22(1) and (2) and the approval of the Lieutenant Governor in Council, the minister may by regulation alter the boundaries of an incorporated community after consulting, in such manner as the minister considers appropriate, with

(a) the council of the incorporated community; and

(b) the adult residents of any area that the minister considers might be added to or removed from the incorporated community.

Review of boundaries

31(2)       The minister shall, within five years after the incorporation of a community, review the boundaries of the incorporated community, after consulting with the council of the incorporated community and with such other persons as he or she considers appropriate.

Sections 32 amended

21          Section 32 is amended

(a) by repealing the heading preceding it and substituting "Number of members of incorporated community council";

(b) by striking out "either in the letters patent incorporating the incorporated community or regulations made pursuant to section 109" and substituting "in the letters patent of the incorporated community or by a regulation of the Lieutenant Governor in Council amending the letters patent".

Section 33 rep. and sub.

22          Section 33 is repealed and the following is substituted:

Election and term of members

33(1)       Subject to the letters patent of an incorporated community council, its members shall be elected in accordance with the regulations, and shall hold office for terms prescribed by regulation.

First election and terms

33(2)       All members of an incorporated community council shall be elected at the first election and, where a system of overlapping terms of office applies, the Lieutenant Governor in Council may by regulation prescribe the terms of office of the members.

Subsection 34(1) rep. and sub.

23(1)       Subsection 34(1) is repealed and the following is substituted:

Term of office of mayor

34(1)       Subject to the regulations, the mayor of an incorporated community shall hold office for such term as is provided in the letters patent of the incorporated community.

Subsection 34(2) repealed

23(2)       Subsection 34(2) is repealed.

Subsection 34(3) amended

23(3)       Subsection 34(3) is amended

(a) by striking out "Where subsection (2) applies" and substituting "Where letters patent or the regulations provide that the mayor of the incorporated community is to be elected by the members of the incorporated community council, the following provisions apply:";

(b) in clause (a), by adding "or, where the one year expires in a year in which an election is not held, until the day on which an election would be held if there were an election in that year" after "next election";

(c) in clause (b), by adding "or she" after "he".

Section 35 rep. and sub.

24          Section 35 is repealed and the following is substituted:

Minister to consult within 5 years of incorporation

35(1)       Within five years after letters patent are issued to a community, the minister shall consult with the incorporated community council and such residents as he or she considers advisable and, after such consultations, may recommend to the Lieutenant Governor in Council that the letters patent be amended or revoked.

Letters patent amended or revoked

35(2)       After receiving a recommendation from the minister under subsection (1), the Lieutenant Governor in Council may direct the Minister of Cooperative, Consumer and Corporate Affairs to revoke the letters patent or to amend the letters patent in such manner as the Lieutenant Governor in Council considers advisable or necessary, and the Minister of Cooperative, Consumer and Corporate Affairs shall revoke or amend the letters patent in accordance with the direction.

Sections 36 and 37 repealed

25          Sections 36 and 37 are repealed.

Subsection 38(1) amended

26(1)       Subsection 38(1) is amended by adding "and the regulations" after "in this section".

Subsection 38(2) amended

26(2)       Subsection 38(2) is amended

(a) by striking out "Where a member" and substituting "Subject to the regulations, where a member";

(b) by adding "or her" after "his".

Subsection 38(5) rep. and sub.

26(3)       Subsection 38(5) is repealed and the following is substituted:

Expenses outside incorporated community

38(5)       Subject to the regulations, an incorporated community may pay the travelling expenses and living expenses of a member of the incorporated community council, or of an officer or employee authorized by resolution of the incorporated community council, specifying the purpose of the journey, to go on a special journey beyond the limits of the incorporated community on the business thereof, together with an indemnity of such amount per day as may be fixed by by-law for each day a person is engaged in such business.

Expenses for course of instruction

38(6)       Subject to the regulations, an incorporated community may, if authorized by a resolution of the incorporated community council thereof, pay the registration, tuition, living and travel expenses of a member of the incorporated community council, or of an officer or employee authorized by resolution of the incorporated community council, in attending a course of instruction in municipal administration or public finance, or in taking such a course by correspondence, if the course is one approved by the minister or his or her designate.

Closing office during course

38(7)       Where an officer attending a course of instruction is the only officer who works in the incorporated community office, the incorporated community council may by resolution provide that the incorporated community office be closed while the officer attends the course.

Expenses attending certain meetings

38(8)       Subject to the regulations, an incorporated community may pay the travelling and living expenses of a member of the incorporated community council, or of an officer or employee authorized by a resolution of the incorporated community council, to attend a meeting of

(a) the Northern Association of Community Councils; or

(b) any other organization that, in the opinion of the incorporated community council, it is in its interests to belong;

together with an indemnity to the member of such amount per day as is fixed by by-law of the incorporated community council, for each day the member is engaged in travelling to and from, and attending, any such meeting.

Rates not to exceed government levels

38(9)       Subject to the regulations, the rates fixed by an incorporated community council for indemnities or expenses, including allowances based on distance travelled, payable under this section shall not exceed the amounts or rates payable to persons in the service of, or performing services on behalf of, the government.

Rates paid for irregular meeting

38(10)      No member of an incorporated community council is liable to a fine or penalty or disqualification for receiving an indemnity in respect of a meeting of the community council held at the call of the mayor but without the formalities required to make the meeting lawful.

Section 39 repealed

27          Section 39 is repealed.

Subsection 41(1) amended

28(1)       Subsection 41(1) is amended by striking out "and committee thereof".

Subsections 41(2) to (4) rep. and sub.

28(2)       Subsections 41(2) to (4) are repealed and the following is substituted:

First meeting of new council

41(2)       In each year, not earlier than the 14th day or later than the 21st day after the second Wednesday in February, an incorporated community council shall hold an organizational meeting to assign duties to its members for the following 12 months, but no duties shall be assigned unless

(a) a quorum of the incorporated community council is present; and

(b) each member present has taken the declaration of election and qualification in accordance with the regulations.

Time of first meeting

41(3)       The meeting referred to in subsection (2) shall be held at 7:00 p.m. or such other time as is fixed by by-law for the holding of regular meetings of the incorporated community council.

Council to meet not less than monthly

41(4)       An incorporated community council shall hold regular meetings as often as it may decide by by-law or resolution, but not less often than once in each month.

Failure to hold meeting

41(5)       An incorporated community council is not dissolved by the fact that a meeting does not take place as required under a by-law, resolution or this Act.

Special meeting

41(6)       A special meeting of an incorporated community council may be convened at any time by the mayor or not fewer than three other members by giving reasonable notice thereof in writing, including a statement of the subjects to be considered, and the notice shall be delivered to the residence of each member in the incorporated community and posted before the special meeting for at least three hours in the office of the incorporated community and in any community centre located in the incorporated community.

Place of special meeting

41(7)       A special meeting of an incorporated community council shall be held at its regular place of meeting and at the hour fixed for regular meetings, unless otherwise stated in the notice of the meeting or in a motion to adjourn a previous meeting or a by-law or resolution of the incorporated community council respecting special meetings.

Participation by residents in public meeting

41(8)       Each incorporated community council shall, in addition to its regular meetings,

(a) at least once in each year invite the residents of the incorporated community to attend a public meeting and participate in a discussion with the members of the incorporated community council of current and proposed programs for the incorporated community;

(b) conduct at least one public meeting of residents and encourage discussion by them respecting preparation of the annual estimates;

(c) at least once in each quarter, conduct a public meeting to consider reports on programs and projects in the incorporated community; and

(d) at a public meeting referred to in clauses (a) to (c), present for discussion the annual statement of revenues and expenditures of the incorporated community.

Sections 42 to 45 rep. and sub.

29          Sections 42 to 45 are repealed and the following is substituted:

Quorum of community council

42(1)       A majority of the number of members required to constitute an incorporated community council is a quorum for the incorporated community council.

Adjournment where no quorum

42(2)       Where the quorum of an incorporated community council is not present

(a) at the time set for a meeting, or within such further time as is prescribed by the incorporated community council by resolution or by-law; or

(b) during a meeting;

the meeting shall be adjourned, and the clerk shall record in the minute book the names of the members present at the time of the adjournment.

Clerk to give written notice of meeting

43(1)       Subject to subsection (2), the clerk shall give written notice to each member of the incorporated community council of the date, time and place of each meeting.

Where notice not required

43(2)       A regular or special meeting of an incorporated community council may be adjourned to later the same day or to the next day without notice being given to any member not present at the time of the adjournment.

Recording of notice re special meeting

43(3)       An incorporated community council shall cause to be recorded in the minutes of a special meeting whether notice of the meeting was given in accordance with the provisions of this Act to any member of the incorporated community council who is not present at the opening of the special meeting.

Effect of lack of notice of special meeting

43(4)       Where at a special meeting it appears that notice of a special meeting was not given to a member who is not present, no business shall be transacted at the meeting, but notice is deemed to have been given to any member who attends the special meeting.

Notice of public meetings

43(5)       Notice of a public meeting referred to in subsection 41(8) shall be given by posting a notice of the date, time and place of the public meeting for not less than 14 consecutive days before the meeting in the office of the incorporated community and in any community centre in the incorporated community.

Voting by members

44(1)       Each member of an incorporated community council who is present when a question is put shall vote on it, unless the member is excused from voting by a majority of the members who are present, or the member is prohibited from voting by this Act, the regulations or any provision respecting conflict of interest that is adopted by, or applicable to, the incorporated community council.

Voting by mayor

44(2)       When an equal number of votes is cast inclusive of the vote of the mayor, the mayor shall not cast a second vote.

Voting to be open

44(3)       The vote on each question put to an incorporated community council shall be taken by open voting.

Majority to decide

44(4)       A question before an incorporated community council shall be decided by a majority of the votes of the members present except in respect of a matter for which, under this Act or any other Act of the Legislature, another number of votes is required.

Clerk to record result of vote

44(5)       Subject to subsection (9), the clerk shall record, in the minutes of the proceedings, the result of each vote taken at a meeting of an incorporated community council.

Recorded vote

44(6)       Where a member of an incorporated community council requests, immediately after a vote of the members, that the vote of each member be recorded, the clerk shall record in the minutes of the proceedings the names of members who vote in favour of, and those who vote against, the matter in question, and of any members who do not vote.

Limitation on reversing a decision

44(7)       Subject to subsection (8), a question voted on by an incorporated community council shall not be voted on again by the incorporated community council during a period of one year after the decision, unless

(a) written notice that a proposal to reverse the decision will be made at a future meeting is given by a member at a meeting of the incorporated community council; and

(b) a majority of the whole incorporated community council vote in favour of reversing the decision.

Reversing decision at same meeting

44(8)       A decision of an incorporated community council may be reversed at the same meeting at which the decision is made, by unanimous consent of the members who were present when the decision was made.

Recording of reversed decision

44(9)       Where a decision is reversed under subsection (8), the incorporated community council may direct

(a) the manner in which the making and reversal of the decision shall be recorded in the minutes; or

(b) that no record of the making and reversal of the decision appear in the minutes.

Minutes to be kept

45(1)       Each incorporated community council shall cause minutes to be kept of its meetings and the meetings of its committees.

Dispensing with reading of minutes

45(2)       An incorporated community council may by resolution waive the reading of the minutes of a previous meeting if a copy of the minutes is delivered to the residence of every member at least 24 hours before the meeting at which the resolution is proposed.

Minutes to be posted

45(3)       Notwithstanding subsection (1), a copy of the minutes of each meeting of an incorporated community council shall be posted by the clerk in any community centre located in the incorporated community and in the incorporated community office for at least two days before the meeting at which the minutes are to be adopted by the incorporated community council.

Subsection 46(1) rep. and sub.

30(1)       Subsection 46(1) is repealed and the following is substituted:

Order of business

46(1)       Subject to subsection 45(2), when the mayor or the chairperson takes the chair, the minutes of the preceding meeting shall be read by the clerk in order that any error therein may be corrected by the incorporated community council, and after the minutes are read and any corrections made, the minutes shall be adopted and signed by the mayor or chairperson and by the clerk, and the incorporated community council shall, after any petition received under section 48 has been read, proceed to the business listed in the agenda for the meeting.

Subsection 46(2) rep. and sub.

30(2)       Subsection 46(2) is repealed and the following is substituted:

Business at special meeting

46(2)       At a special meeting of an incorporated community council, no subject or matter other than is mentioned in the notice of the meeting shall be considered.

Subsection 46(3) repealed

30(3)       Subsection 46(3) is repealed.

Sections 47 and 48 rep. and sub.

31          Sections 47 and 48 are repealed and the following is substituted:

Unauthorized expenses an offence

47(1)       A member of an incorporated community council who

(a) expends or authorizes the expenditure of any money of the incorporated community without first being empowered to do so by by-law or resolution of the incorporated community council passed under the authority of an Act of the Legislature; or

(b) accepts or votes in favour of paying to a person, including a member of the incorporated community 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 is liable to a fine of not more than $500. and, in default of payment, to imprisonment for a term not exceeding six months.

Civil liability

47(2)       In addition to any penalty incurred under subsection (1), a member of an incorporated community council who commits an offence under subsection (1) is liable for the amount of the expenditure or payment in a civil action instituted against the member by the incorporated community or a ratepayer thereof on behalf of, and for the benefit of, the incorporated community.

Exceptions to subsection (1)

47(3)       Subsection (1) does not apply to an expenditure that is authorized in advance by the mayor or, in the absence of the mayor, the deputy mayor, and that

(a) is for an amount not exceeding $750. and is necessary and urgent to repair a public work of the incorporated community, or to aid a person in need in the incorporated community;

(b) is made in respect of an emergency or disaster where a proclamation issues under The Emergency Measures Act proclaiming that a state of emergency exists in an area that includes the incorporated community or the part of it in respect of which the expediture is made; or

(c) is required to meet regular recurring periodic obligations, for the payment of which the incorporated community council has given general authority.

Petitions

48          An incorporated community council shall receive a petition sent or submitted to it or the clerk by any person, including a member of the incorporated community council, and the incorporated community council shall cause every petition received by it or the clerk to be read at the next meeting of the incorporated community council following the receipt of the petition, or at a future meeting requested in the petition.

Hearing of parties

48.1        A person entitled to be heard before an incorporated community council or any committee thereof may be heard in person or through another person acting on his or her behalf.

Delegation by council to committees

48.2(1)     An incorporated community council may appoint committees comprised of as many of its members as it considers necessary or advisable, and may delegate to a committee

(a) the examination of a question;

(b) the management of any business of the incorporated community council; and

(c) after adopting a report from a committee under subsection (4), the execution of any duty except the revision of the assessment roll and the making of a contract.

Committee may meet in camera

48.2(2)     Meetings of a committee of an incorporated community council may be held in camera.

Report of committee to council

48.2(3)     A committee appointed under subsection (1) shall, after each of its meetings, report to the incorporated community council, either in writing or by an oral statement made by the convenor or a member of the committee authorized by the committee for the purpose.

Effect of committee report

48.2(4)     A report or order of a committee of an incorporated community council has no force or effect until it is adopted by the incorporated community council at a regular meeting or special meeting.

Section 50 amended

32          Section 50 is amended

(a) by striking out "produce to him and permit him" and substituting "produce to the person and permit him or her";

(b) by repealing clauses (b) and (g);

(c) by repealing "; and" at the end of clause (h) and substituting a period;

(d) by repealing clause (i).

Subsection 109(1) rep. and sub.

33(1)       Subsection 109(1) is repealed and the following is substituted:

Regulations by L.G. in C.

109(1)      The Lieutenant Governor in Council may make regulations respecting

(a) matters of procedure arising from the concurrent administration of this Act and any other Act of the Legislature;

(b) procedures and methods by which the minister may coordinate the activities of the government in Northern Manitoba;

(c) the determination of the extent to which land or property in an area of Northern Manitoba or in an incorporated community shall be subject to taxation under this Act;

(d) a maximum rate of taxation above which the minister or an incorporated community may not levy taxes on property;

(e) cases and circumstances that might arise in Northern Manitoba for which no provision or no adequate provision is made in this or any other Act;

(f) amendments to the letters patent of an incorporated community;

(g) remuneration and the maximum amount of indemnities and expenses payable to members of a local committee, community council or incorporated community council, to contact persons and to persons appointed to conduct an inquiry;

(h) the time for and manner of advertising for candidates for the offices of clerk, treasurer, secretary-treasurer and manager of incorporated communities;

(i) notwithstanding any provision in the letters patent of an incorporated community, the election of the mayor of an incorporated community by the electors of the incorporated community;

(j) the election of incorporated community councils and community councils, including the qualifications of candidates and electors, wards, the number of members, the manner and time of holding elections, the appointment of election officers and their powers and duties, the terms of office of mayors and other members, the election of the mayor of a community council, controverted elections, by-elections and procedures at a first meeting after an election;

(k) the remuneration and payment of the expenses of election officers and interpreters;

(l) rules and procedures applicable to members of incorporated community councils, community councils and local committees with respect to conflict of interest;

(m) disqualification of, and forfeiture of seats by, members of incorporated community councils, community councils and local committees;

(n) the bringing into application of such provisions as is considered necessary or advisable of The Local Authorities Election Act, The Municipal Act and The Municipal Council Conflict of Interest Act;

(o) the method for determining the population of Northern Manitoba, including incorporated communities, for the purpose of the Unconditional Grants Act;

(p) the deeming of the minister or an incorporated community to be a municipality or local authority for the purposes of an Act;

(q) the specification of additional requirements for the publication or delivery of the agenda, by-laws, minutes and notices of meetings of incorporated community councils;

(r) matters that are incidental to the purposes of this Act and for which no provision is made in this Act.

Subsections 109(3) and (4) added

33(2)       The following is added after subsection 109(2):

Regulations by minister

109(3)      The minister may, with respect to a community or incorporated community, make regulations not inconsistent with regulations made under subsection (1), respecting

(a) the assessment of property and the levying of taxes or fees under subsection 5(2);

(b) an alteration of the boundaries of a community or, subject to the approval of the Lieutenant Governor in Council, an incorporated community under subsection 31(1);

(c) the establishment and abolition of wards, and the alteration of ward boundaries;

(d) an election required as a result of vacancy on an incorporated community council or community council.

Delegation to minister respecting elections

109(4)      A regulation made under subsection (1) respecting elections may delegate such matters to the minister as the Lieutenant Governor in Council considers necessary or advisable.

Section 110 added

34          The following is added after section 109:

Offence and penalty

110         Any person who contravenes or fails to comply with a provision of this Act or a regulation made under this Act is guilty of an offence and is liable to a fine of not more than $500. and, on default of payment, to imprisonment for a term not exceeding six months.

Coming into force

35          This Act comes into force on the day it receives royal assent.