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The City of Winnipeg Amendment Act (2)

S.M. 1991-92, c. 42

Bill 68, 2nd Session, 35th Legislature

The City of Winnipeg Amendment Act (2)

(Assented to July 26, 1991)

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 is amended by this Act.

Section 1 amended

2           Section 1 is amended by adding the following in alphabetical order within the section:

"city auditor" means the city auditor appointed under section 58; («vérificateur de la Ville»)

"external auditor" means an external auditor appointed under subsection 63.1(1); («vérificateur externe»)

Subsection 5(1) amended

3(1)        Subsection 5(1) is amended by striking out "29" and substituting "15".

Subsection 5(4) rep. and sub.

3(2)        Subsection 5(4) is repealed and the following is substituted:

Report of commission

5(4)        In 1991 and at such future time as the minister may require, which shall be not less often than every nine years, the commission shall prepare and submit to the minister a report containing the recommendations of the commission respecting the boundaries and the name of each ward and community in the city.

Subsection 5(5) amended

3(3)        Subsection 5(5) is amended by striking out "Where," and substituting "Subject to subsection (6), where".

Subsection 5(6) rep. and sub.

3(4)        Subsection 5(6) is repealed and the following is substituted:

L.G. in C. may appoint person to act

5(6)        Where a person referred to in subsection (5) is unable for any reason to act in place of a member of the commission referred to in subsection (3), the Lieutenant Governor in Council may appoint a person to act in place of the member.

Subsection 5(9) amended

3(5)        Subsection 5(9) is amended by striking out "All remuneration" and substituting "Unless the minister otherwise orders, remuneration".

Subsection 6(2) amended

4           Subsection 6(2) is amended

(a) by striking out "In 1988, and in each ninth year thereafter, the commission shall proceed to establish" and substituting "For the purpose of preparing a report under subsection 5(4), the commission shall establish".

(b) by striking out "29" and substituting "15".

Subsection 22(1) amended

5           Subsection 22(1) is amended by striking out "eight" and substituting "five".

Subsection 28(3) rep. and sub.

6           Subsection 28(3) is repealed and the following is substituted:

Mayor's appointments at first meeting

28(3)       At the first meeting of council following an election, and in November of each year after that, the mayor shall appoint a deputy mayor, an acting deputy mayor and the chairpersons of the four standing committees of council.

Clause 29(1)(d) repealed

7(1)        Clause 29(l)(d) is repealed.

Subsections 29(3) and (4) repealed

7(2)        Subsections 29(3) and (4) are repealed.

Subsection 29(5) rep. and sub.

7(3)        Subsection 29(5) is repealed and the following is substituted:

Vacancy in E.P.C.

29(5)       Where a vacancy in the membership of executive policy committee occurs, the mayor shall fill the vacancy as soon as is practicable.

Subsection 33(3) repealed

8(1)        Subsection 33(3) is repealed.

Subsection 33(4) amended

8(2)        Subsection 33(4) is amended

(a) by striking out "Subject to subsections 28(2) (mayor is ex officio member), 23(3) (mayor's appointments) and 33(3)," and substituting "Subject to subsection 28(2),"; and

(b) in clause (b), by striking out "but shall not elect a member to more than one standing committee" and substituting "and each member must sit on at least one standing committee".

Subsection 35(1) amended

9           Subsection 35(1) is amended by striking out "six" and substituting "five".

Section 57 amended

10          Section 57 is amended by adding "city" before "auditor".

Subsection 58(1) heading amended

11(1)       The heading preceding subsection 58(1) is amended adding "city" before "auditor".

Subsection 58(1) amended

11(2)       Subsection 58(1) is amended by striking out "an auditor" and substituting "a city auditor".

Subsection 58(2) amended

11(3)       Subsection 58(2) is amended by striking out "appointed as auditor" and substituting "appointed as city auditor".

Subsections 58(3) to (5) amended

11(4)       Subsections 58(3) to (5) are amended by adding "city" before "auditor", wherever it occurs.

Subsection 58(6) amended

11(5)       Subsection 58(6) is amended

(a) in the heading preceding it, by adding "city" before "auditor"; and

(b) by adding "city" before "auditor", wherever it occurs.

Subsections 58(7) to (10) amended

11(6)       Subsections 58(7) to (10) are amended by adding "city" before "auditor", wherever it occurs.

Subsections 58(11) to (13) repealed

11(7)       Subsections 58(11) to (13) are repealed.

Section 59 amended

12          Section 59 is amended

(a) by repealing the heading preceding it and substituting "Accounts and operations";

(b) by adding "and in accordance with such terms of reference as council may establish from time to time" after "considers necessary"; and

(c) by adding "city" before "auditor", wherever it occurs.

Section 60 amended

13          Section 60 is amended

(a) in subclause (b)(iii), by adding ", on a basis consistent with the preceding year," after "fairly";

(b) in clause (e) in the French version, by striking out "que ces méthodes aient été ou non recommandées par le vérificateur" and substituting "qu'il ait ou non recommandé ces méthodes"; and

(c) by adding "city" before "auditor", wherever it occurs.

Section 61 amended

14          Section 61 is amended by adding "city" before "auditor" wherever it occurs.

Section 62 repealed

15          Section 62 is repealed.

Section 63 amended

16          Section 63 is amended by adding "city" before "auditor".

Sections 63.1 to 63.4 added

17          The following is added after section 63:

Appointment of external auditor

63.1(1)     Council may appoint one or more accountants or a partnership of accountants as external auditors to examine and report to council on the annual financial statements of

(a) the city; or

(b) a board or commission established under this Act.

Accountants not eligible for appointment

63.1(2)     No accountant or partnership of accountants shall be appointed under subsection (1) as an external auditor where the accountant, or an accountant employed in or by the partnership, is, or was in the immediately preceding year, a member of council or an official or employee, other than an auditor, of the city.

By-law respecting external auditor

63.1(3)     Council may by by-law

(a) set the term of appointment of an external auditor; and

(b) establish terms and conditions respecting the appointment of an external auditor.

Council to set fees of external auditor

63.1(4)     Council shall from time to time set a fee or establish a schedule of fees payable for an audit under this Act by an external auditor.

City auditor and external auditor

63.1(5)     The city auditor shall provide an external auditor with such information, records, documents and other assistance as is required by the external auditor for the purpose of the audit conducted by the external auditor.

Report of external auditor

63.2(1)     An external auditor may report to council at any time on a matter arising during an audit and shall report any irregularity that comes to his or her attention, including any failure on the part of an employee to comply with a request of the external auditor.

Report of external auditor on statements

63.2(2)     An external auditor appointed under subsection 63.1(1) shall report the results of the audit to council within six months after the end of the fiscal year and the report shall include the matters set out in clauses 60(a), (b), (c) and (f), and section 61.

Report of city auditor

63.2(3)     Notwithstanding any provision of this Act to the contrary, where an external auditor is appointed under subsection 63.1(1), the city auditor is not required to report to council on the matters referred to in subsection (2).

Powers and duties of external auditor

63.3        Subsections 58(6) to (8) apply to an external auditor, with necessary modifications.

Duties of external auditor

63.4        Notwithstanding the provisions of this Act respecting the duties of the city auditor, an external auditor appointed under clause 63.1(l)(a) shall, for the fiscal year in which the external auditor is appointed, perform the duties of the city auditor referred to in the following provisions:

(a) section 57 (annual report to minister);

(b) subsection 338(5) (reserve fund);

(c) subsection 417(8) (parking authority).

Section 75 repealed and substituted

18          Section 75 is repealed and the following is substituted:

Definitions

75(1)       In this section,

"benefit board" means a benefit board established by a by-law passed under subsection 74(1);

"committee" means a committee of a benefit board.

Establishment of benefit boards and committees

75(2)       In a by-law passed under subsection 74(1), council may establish such benefit boards and committees as it considers necessary or advisable to operate and administer any pension plan or group insurance plan established under the by-law, and the by-law shall, with respect to any such benefit board or committee,

(a) provide for the method of election of members;

(b) provide for the method of appointment of officers;

(c) provide for its powers and duties;

(d) fix the terms of the members and officers;

(e) provide for the payment of the expenses of members and officers, and of remuneration to some or all members and officers;

(f) establish procedure governing the conduct of meetings;

(g) provide for the manner in which it shall keep a complete and accurate set of accounts for each fund; and

(h) provide for such other matters as council considers necessary or advisable.

Composition of benefit boards

75(3)       Each benefit board shall be composed of

(a) individuals elected as members by employees participating in the pension plan or group insurance plan, in such number as council may fix in a by-law passed under subsection 74(1);

(b) individuals appointed by council as members, equal in number to those elected under clause (a); and

(c) a city administrator or an employee of the city designated by council.

Composition of investment committee

75(4)       For the purpose of a benefit board established under a by-law passed under subsection 74(1), council may provide in the by-law for the establishment of an investment committee which shall be composed of

(a) two persons appointed by the elected members of the benefit board; and

(b) four persons appointed by council, at least three of whom shall be chosen for their experience in investment.

Admission of other employees to plan

75(5)       A by-law passed under subsection 74(1) to establish a pension plan or group insurance plan may provide for the admission to the plan of employees of an employer whose function

(a) is conducted within the boundaries of the city; and

(b) is, in the opinion of council, related to the operations of the city under this Act;

subject to such terms and conditions as council may determine, and the city may for that purpose enter into an agreement with the employer.

Limitation of liability

75(6)       A by-law passed under subsection 74(1) may provide that no member of a benefit board or committee established under the by-law is personally liable for anything done by him or her in good faith under the authority of this Act.

Combination of funds for investment

75(7)       A benefit board established by a by-law passed under subsection 74(1) may combine any funds that it administers with the funds of another such benefit board for the purpose of investment if

(a) council by by-law authorizes the combination of such funds;

(b) the manner of the investment of the combined funds is authorized by each benefit board; and

(c) accounts are kept to show the share of each benefit board in the combined fund.

Subsection 81.3(1) amended

19          Subsection 81.3(1) is amended

(a) by repealing the section heading preceding it and substituting "Records available on request"; and

(b) in clause (e), by striking out "auditor" and substituting "city auditor and any report of an external auditor appointed under subsection 63.1(1)".

Section 85.1 added

20          The following is added after section 85:

Continuation of language services

85.1        Notwithstanding any change to the boundaries or names of community committees, the boundaries of the St. Boniface-St. Vital community, as they are immediately before this section comes into force, are deemed to remain in force for the purpose of providing within those boundaries the services set out under this Part.

Subsection 95(1) amended

21(1)       The definition of "contribution" in subsection 95(1) is amended by adding "by a contributor" after "provided".

Subsection 95(1) further amended

21(2)       The definition of "contributor" in subsection 95(1) is repealed and the following is substituted:

"contributor" means an individual, organization, corporation or trade union, but does not include

(a) a political party registered under the Canada Elections Act, or a constituency association of such a registered party, or

(b) a political party registered under The Elections Finances Act, or a constituency association of a registered political party;

Subsection 98(8) rep. and sub.

22(1)       Subsection 98(8) is repealed and the following is substituted:

Prohibitions re contributors and contributions

98(8)       A registered candidate shall not

(a) solicit or accept a contribution or incur expenses in excess of the limits established in a by-law passed under section 96; or

(b) accept a contribution from a person who is not a contributor, as defined in subsection 95(1).

Subsections 98(9) to (12) added

22(2)       The following is added after subsection 98(8):

Contribution exceeding contribution limit

98(9)       Where a registered candidate receives a contribution for an amount that exceeds the contribution limit prescribed by a by-law passed under clause 96(1)(a), the official agent of the registered candidate shall return to the contributor the portion of the contribution that exceeds the prescribed contribution limit.

Payment of surplus money to city

98(10)      Where the audited statement of a registered candidate filed under subsection 96(2) shows a surplus, the official agent of the registered candidate shall immediately pay the surplus to the city which shall hold it in trust on behalf of the registered candidate for use by the registered candidate in the next election.

Release of surplus money to candidate

98(11)      The city shall not release any money held in trust under subsection (10) until the person on whose behalf the money is held is registered under section 97 for the next election.

Disposal of surplus money held in trust

98(12)      Where the person on whose behalf money is held in trust under subsection (10),

(a) advises the returning officer in writing that he or she will not seek nomination;

(b) is not nominated; or

(c) does not register as a candidate under section 97;

in the next election, the money shall be paid into the general funds of the city.

Section 195 amended

23          The English version of section 195 is amended by striking out "apply" and substituting "applies".

Section 210.1 added

24          The following is added after section 210:

Payment of taxes by instalments

210.1(1)    Notwithstanding section 772 of The Municipal Act, council may by by-law provide that taxes may, subject to such terms and conditions as may be specified in the by-law, be paid by such instalments as are stated in the by-law at times not later than December 31 of the year for which they are levied.

By-law may specify purpose of instalment

210.1(2)    In a by-law passed under subsection (1), council may provide that each instalment consists of the whole or a portion of the taxes imposed for any one or more particular purposes specified in the by-law.

Subsection 259(7) amended

25          Subsection 259(7) is amended by striking out "$2,000." and substituting "$10,000.".

Subsection 303(3) amended

26(1)       Subsection 303(3) is amended by striking out "The treasurer and auditor of the city" and substituting "The city treasurer and the city auditor".

Subsection 303(8) amended

26(2)       Subsection 303(8) is amended by adding "city" before "auditor".

Subsection 336(1) amended

27(1)       Subsection 336(1) is amended by adding "and adopt" after "prepare".

Subsection 336(3) amended

27(2)       Subsection 336(3) is amended

(a) in the heading preceding it, by striking out "Director" and substituting "minister"; and

(b) by striking out "Director of Municipal Budgets and Finance" and substituting "minister".

Subsection 338(2) amended

28(1)       Subsection 338(2) is amended by striking out "61(l)(b)" and substituting "51(l)(b)".

Subsection 338(5) amended

28(2)       Subsection 338(5) is amended

(a) in the heading, by adding "city" before "auditor"; and

(b) by striking out "The auditor in his" and substituting "The city auditor in his or her".

Subsection 668(17) repealed and substituted

29           Subsection 668(17) is repealed and the following is substituted:

Compensation of seller for services

668(17)     The city shall compensate sellers for services they render under this section at the same rate or in the same amount as is paid to dealers as remuneration for collecting and remitting taxes under The Revenue Act.

Subsection 670(1) amended

30          Subsection 670(1) is amended by striking out "Subject to" and substituting "Notwithstanding any other Act of the Legislature, and subject to".

Transitional re wards and boundaries

31          Notwithstanding subsection 32(2) of this Act, for the purpose of the election on October 28, 1992, subsection 3(1) is deemed to come into force on October 7, 1992.

Coming into force

32(1)       Subject to subsections (2) to (5), this Act comes into force on the day it receives royal assent.

Subsection 3(1) and sections 5 to 9: November 3, 1992

32(2)       Subsection 3(1) and sections 5 to 9 come into force on November 3, 1992.

Section 18: proclamation

32(3)       Section 18 comes into force on a day fixed by proclamation.

Section 29: January 1, 1992

32(4)       Section 29 comes into force on January 1, 1992.

Section 30: retroactive

32(5)       Section 30 is retroactive and is deemed to have come into force on January 1, 1990.