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S.M. 1992, c. 2
The City of Winnipeg Amendment, Municipal Amendment and Consequential Amendments Act
(Assented to April 22, 1992)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
AMENDMENTS TO THE CITY OF WINNIPEG ACT
The City of Winnipeg Act is amended by this Part.
The Part heading "INCORPORATION AND POLITICAL ORGANIZATION" preceding section 3 is repealed and "INCORPORATION, BOUNDARIES AND POLITICAL ORGANIZATION" is substituted.
Section 4 is repealed and the following is substituted:
The Lieutenant Governor in Council may by regulation
(a) establish or confirm the area or boundaries of the city; and
(b) alter the area or boundaries of the city where, under Part I of The Municipal Act,
(i) the inhabitants of a locality previously in the city are incorporated as a new rural municipality,
(ii) a part of the city is transferred to an adjoining municipality, or
(iii) the territory of an adjoining municipality or part of an adjoining municipality is transferred to the city.
The area or boundary of the city in a regulation referred to in subsection (1) is sufficiently described if it is indicated on a map adopted or incorporated by reference in the regulation.
Application of section 37 of C.C.S.M. c. M225
Section 37 of The Municipal Act applies to a regulation made under subsection (1) with such modifications as the circumstances require.
The Lieutenant Governor in Council shall not exercise the powers under subclause (1)(b)(i) or (ii) unless a study of the impact of the proposed incorporation or the proposed transfer of part of the city has been conducted and made public.
Alteration of boundaries referred to Municipal Board
Where the Lieutenant Governor in Council is of the opinion that it may be advisable to alter the area or boundaries of the city
(a) to incorporate the inhabitants of a locality of the city as a new rural municipality; or
(b) by transferring to an adjoining municipality a part of the city;
the Lieutenant Governor in Council may refer the matter to the Municipal Board for its consideration and recommendations and may request the board to consider and make special recommendations on matters that the Lieutenant Governor in Council deems relevant to the proposed alteration.
Section 88 is amended
(a) by renumbering it as subsection 88(1);
(b) in clause (c) by adding "subject to subsection (2)," before "a resident"; and
(c) by adding the following after subsection (1):
Deemed residency for certain candidates
A person is deemed to be a resident under clause (1)(c) if he or she was, immediately before being nominated for election, resident in the territory of an adjoining municipality or part of an adjoining municipality that, before the election, was transferred to the city for a period that, together with the period during which he or she was resident in the city, is not less than six months.
The following is added after subsection 90(4):
Effect on residency of altered boundaries
Notwithstanding clause (1)(f), a person who is a member of council is not disqualified as a member of council by reason of his or her ceasing to be a resident of the city as a consequence of the alteration of the area or boundaries of the city until the expiry of the member's term of office.
AMENDMENTS TO THE MUNICIPAL ACT
The Municipal Act is amended by this Part.
The following is added after section 6:
For the purposes of this Part, the area or boundary of a city, town, village or rural municipality in a regulation is sufficiently described if it is indicated on a map adopted or incorporated by reference in the regulation.
Sections 19 and 19.1 and the Division heading "ALTERATION AND CONTINUATION OF STATUS, BOUNDARIES, OR AREA" preceding section 19 are repealed and the following is substituted:
ALTERATION OF STATUS AND AREA OR BOUNDARIES
This Division applies to the alterations in the status, area or boundaries of a city, town, village or rural municipality referred to in section 20.
Subsection 26(1) is amended by adding "Division I or II of" before "this Part".
The following is added after section 38:
DIVISION III.1
NEW OR ENLARGED MUNICIPALITIES RESULTING FROM ALTERATION OF CITY OF WINNIPEG BOUNDARIES
Notwithstanding any other Division of this Part, the Lieutenant Governor in Council may make regulations
(a) incorporating the inhabitants of a locality previously in The City of Winnipeg as a new rural municipality and establishing its area or boundaries;
(b) altering the area or boundaries of a municipality adjoining The City of Winnipeg for the purpose of transferring a part of The City of Winnipeg to that municipality;
(c) where a regulation is made under clause (a) or (b), requiring The City of Winnipeg to continue to supply such services to the new rural municipality or the part of The City of Winnipeg transferred to the adjoining municipality or to persons in that new rural municipality or part of The City of Winnipeg as were provided before the incorporation or transfer, until such time or times and under such terms and conditions, including the obligation of the new rural municipality or the part of The City of Winnipeg transferred to the adjoining municipality or to persons in that new rural municipality or part of the City of Winnipeg to make payment for such services, as are specified;
(d) where a regulation is made under clause (a), respecting the obligation of The City of Winnipeg to the new rural municipality to continue, in addition to the supply of services required by regulation under clause (c), to exercise the powers and perform the duties under and in accordance with The City of Winnipeg Act, The Municipal Assessment Act and any other Act of the Legislature and any regulation under any of those Acts that were exercised or performed before the incorporation until such time or times and under such terms and conditions, including the obligation of the new rural municipality or its inhabitants to make payment in respect thereof, as are specified;
(e) where a regulation is made under clause (a) and notwithstanding anything to the contrary in this or any other Act,
(i) designating the first enumerator, the first revising officer, and the first returning officer,
(ii) fixing the date by which the preparation and revision of the first list of electors shall be completed,
(iii) specifying the date and time when, and the place where, nominations of candidates for reeve and councillors of the municipality shall be made,
(iv) designating the person to act as clerk of the municipality until the council appoints a clerk,
(v) fixing the date and time when, and the place where, elections shall be held for the members of the first council,
(vi) fixing the term of office of the members of the first council,
(vii) specifying the date and place of meeting of the first council of the new rural municipality, and
(viii) making such other provisions as are necessary for the establishment of the new rural municipality under this Act;
(f) where a regulation is made under clause (b), determining the by-laws or classes of by-laws in force in the adjoining municipality or The City of Winnipeg that
(i) apply in the territory transferred from The City of Winnipeg to that municipality, or
(ii) in the event of conflict, are deemed to prevail; and
(g) respecting any matter the Lieutenant Governor in Council considers necessary and advisable to carry out the purpose and intent of this Division.
Repeal or amendment of former by-laws
A regulation made under clause (1)(f) shall not be interpreted so as to permit the repeal or amendment of any by-law by the adjoining municipality except where the council of the municipality that enacted it could have lawfully done so and subject to any conditions that were binding on that council.
Section 37 applies to a regulation made under clause (1)(a) or (b) with such modifications as the circumstances require.
Exemption from taxation continued
Where a part of The City of Winnipeg is transferred to an adjoining municipality, any by-law, deed or agreement in effect in that part of The City of Winnipeg by virtue of which any land in that part of The City of Winnipeg is or is to be exempted from taxation continues
(a) in the case of a by-law, to be in force until it is repealed or amended by the adjoining municipality; and
(b) in the case of a deed or agreement, to be binding on the adjoining municipality to the same extent as it was binding on The City of Winnipeg.
Subsection 38.1(2) applies in respect of a by-law referred to in clause (1)(a) with such modifications as the circumstances require.
Where the inhabitants of a part of The City of Winnipeg are incorporated as a new rural municipality, the by-laws in force in the territory of the new rural municipality immediately before its incorporation continue in force in the new municipality until repealed or amended by the council of that new municipality.
Repeal or amendment of former by-laws
Subsection (1) shall not be interpreted so as to permit the repeal or amendment of any by-law by the adjoining municipality except where the council of the municipality that enacted it could have lawfully done so and subject to any conditions that were binding on that council.
Exemption from taxation by agreement etc.
Where the inhabitants of a locality previously in The City of Winnipeg are incorporated as a new rural municipality, any deed or agreement in effect immediately before the incorporation, by virtue of which any land in the locality is or is to be exempted from taxation, continues to be binding on the new municipality to the same extent as it was binding on The City of Winnipeg.
Exception to sections 38.3 and 38.4
Notwithstanding subsection 38.3(1) and section 38.4, no by-law, deed or agreement made or entered into by The City of Winnipeg after February 17, l992, by virtue of which any land thereafter included in the area or boundaries first established for the Rural Municipality of Headingley is or is to be exempted from taxation, is binding on the Rural Municipality of Headingley upon its incorporation.
Reference of settlement to board
The Lieutenant Governor in Council
(a) shall refer to the board for its consideration and recommendations the matter of a settlement of the assets and liabilities as between The City of Winnipeg and a new rural municipality incorporating the inhabitants of a locality previously in The City of Winnipeg or an adjoining municipality to which a part of the territory of The City of Winnipeg has been transferred; and
(b) may refer to the board any matter that the Lieutenant Governor in Council deems relevant to the proposed settlement.
The Lieutenant Governor in Council may make such settlement of the assets and liabilities as between The City of Winnipeg and a new rural municipality or an adjoining municipality referred to in subsection (1) as the Lieutenant Governor in Council considers appropriate and, in doing so, may accept, reject or modify any recommendation made by the board.
Subsections 27(3) to (9), sections 28 to 30, sections 33 and 34, and section 38 of this Act apply, with such modifications as the circumstances require, to a settlement under this section.
The powers and duties of the board in the provisions referred to in subsection (3) shall
(a) in the case of a reference under subsection (1), be read as a power to recommend; and
(b) in the case of a settlement under subsection (2), be read as powers and duties exercisable by the Lieutenant Governor in Council.
DIVISION III.2
CONTINUATION OF STATUS AND CONFIRMATION OF BOUNDARIES
The Lieutenant Governor in Council may by regulation
(a) continue the status and confirm the area or boundaries of a town, village, or rural municipality; and
(b) confirm the area or boundaries of any city other than The City of Winnipeg.
The regulation entitled "Municipal Status and Boundaries Regulation" made by the Lieutenant Governor in Council on December 14, 1988 is validated and deemed to have been lawfully made.
CONSEQUENTIAL AMENDMENTS
The Local Authorities Election Act is amended by this section.
Section 8 is amended
(a) in clause (d) by adding "rural municipality," after "new"; and
(b) in that part of the section following clause (f), by adding "rural municipality," before "city, town or village".
COMING INTO FORCE
This Act comes into force on a day fixed by proclamation.