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The City of Winnipeg Amendment Act (3)

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If you need an official copy, contact Statutory Publications.

S.M. 1992, c. 37

The City of Winnipeg Amendment Act (3)

(Assented to June 24, 1992)

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.

2           Subsection 25(3) is amended by adding the following after clause (c):

(c.1) the deputy presiding officer;

3           Subsection 33(4), as amended by S.M. 1991-92, c. 42, subsection 8(2), is repealed and the following is substituted:

Composition of standing committees

33(4)       Council

(a) shall by by-law establish the number of members, in addition to the mayor, who shall comprise each of the standing committees;

(b) shall, not later than the second meeting of council following an election, and in November of each year after that, elect each member, other than a member appointed to executive policy committee, to at least one standing committee; and

(c) if the by-law under clause (a) so provides, may elect any member of executive policy committee to any standing committee to which he or she is not appointed by the mayor.

4           Subsection 43(2) is repealed.

5           Part 3 is repealed and the following is substituted:

PART 3

OFFICIAL LANGUAGES OF MUNICIPAL SERVICES

Definitions

87.1(1)     In this Part,

"designated area" means the area of the Riel Community as described in the City of Winnipeg Wards and Communities Regulation on the coming into force of this section; («zone désignée»)

"municipal services" means services that are provided to the public by the city; («services municipaux»)

"St. Boniface Ward" means St. Boniface Ward as described in the City of Winnipeg Wards and Communities Regulation on the coming into force of this section. («Saint-Boniface»)

Meaning of "official languages"

87.1(2)     For the purposes of this part, English and French are official languages.

General obligation of city

87.2(1)     Except where a later date or series of dates is fixed by by-law under clause 87.11(1)(b) for compliance with a provision of this Part, the city shall ensure that all things necessary are provided or done to satisfy the requirements of this Part and to permit a person to do anything he or she is entitled to do under this Part.

Interpretation

87.2(2)     Nothing in this Part shall be interpreted so as to preclude the city from providing more municipal services in French than are required in this Part or from providing municipal services to persons in any language other than English or French.

Limitation of obligation

87.2(3)     The obligations of the city under this Part are subject to such limitations as circumstances make reasonable and necessary, if the city has taken all reasonable measures to comply with this Part.

PROCEEDINGS OF COUNCIL AND COMMUNITY COMMITTEE

Use of French in a proceeding of council

87.3(1)     In addition to English, every person is entitled, upon notice, to use French in a proceeding of or before council with respect to a matter and, where notice is given, the proceeding with respect to that matter shall be conducted or simultaneously interpreted in French.

Notice

87.3(2)     A notice referred to in subsection (1) shall be in writing, shall specify the matter and the proceeding and shall be given to the city clerk

(a) in the case of a regular meeting of council, not less than two working days before the proceeding; and

(b) in the case of a special or emergency meeting of council, within a reasonable time having regard to the period of notice that is given for the special or emergency meeting.

Use of official languages in proceedings of community committee

87.3(3)     Every person is entitled to use either official language in a proceeding of or before the community committee in the designated area with respect to a matter and the proceeding with respect to that matter shall be conducted or simultaneously interpreted in both official languages.

COMMUNICATION AT CITY OFFICES

Services in official languages at City Hall

87.4(1)     Every person is entitled, within a reasonable time of a request, to receive in the official language of his or her choice any municipal services that are available at any office of the city located at City Hall and in the course of the provision of those services to speak and be spoken to in the official language of his or her choice.

Services in official languages at the community committee office in designated area

87.4(2)     Every person is entitled to receive in either official language municipal services prescribed by by-law under subsection 87.11(1) for the purposes of this subsection at the community committee office in the designated area and in the course of the provision of those services to speak and be spoken to in the official language of his or her choice.

Services in official languages at designated locations

87.4(3)     Where a municipal service is not available in both official languages in the designated area, every person is entitled, within a reasonable time of a request, to receive that municipal service in the official language of his or her choice at an office at any location designated by council by by-law under subsection 87.11(1) for the purposes of this subsection and in the course of the provision of those services to speak and be spoken to in the official language of his or her choice.

Written communications

87.4(4)     Every person who communicates in writing with the city with respect to a matter is entitled with respect to that matter to be communicated with in writing in the official language of his or her choice.

Subsequent communications

87.4(5)     If a person initiates a communication with respect to a matter in an official language, whether spoken or written, in circumstances where that person is entitled to do so under this section, that person is entitled to use and to require the use of that official language in all subsequent communications, whether spoken or written, with respect to that matter.

St. Boniface office

87.4(6)     The city shall provide an office in historic St. Boniface where the municipal services in both official languages prescribed by by-law under subsection 87.11(1) for the purposes of this subsection are provided.

Definition

87.4(7)     In subsection (6), "historic St. Boniface" means the area bounded on the east by the centre line of Panet Road, extending north from the Canadian National Railway Right of Way to the centre line of Mission Street, thence north along the centre line of Panet Road to the northern limit of River Lot 72 in the Parish of St. Boniface; on the west by the eastern bank of the Red River; on the north by the northern limit of River Lot 72 in the Parish of St. Boniface and on the south by a line drawn south-easterly from the eastern bank of the Red River along the northern limit of Lots 37, 36, 33 and 32, Plan Number 4709 to the centre line of St. Mary's Road and thence south-east along the centre line of St. Mary's Road to the centre line of Enfield Crescent and its straight projection east to the centre line of Kenny Street and its straight projection north to the back lane between Berry Street and Goulet Street and its straight projection east to the eastern limit of Plan No. 692, thence northerly to the centre line of Bertand Street and its straight projection east to the centre line of the Seine River, thence north along this line to the northern limit of Plan No. 1507 extending to the eastern limit of the land taken for the Right of Way of the Canadian Pacific Railway (Emerson Branch) thence northerly along the eastern limit of the land taken for the said Right of Way to the north-eastern limit of the land taken for the Right of Way of the Canadian National Railway according to registered Plan No. 6705; thence south-easterly along the said north eastern limit to the northern limit of Parcel 4 in Plan Number 6737 and its straight north-easterly projection along the Canadian National Railway spurline to the North limit of the Canadian National Railway spurline known as the MacArthur cut-off; thence easterly to the centre line of Panet Road.

MUNICIPAL SERVICES

Application

87.5(1)     This section applies in respect of municipal services other than those available at an office.

Receipt of municipal services in St. Boniface Ward

87.5(2)     Every person resident in St. Boniface Ward is entitled to receive in the official language of his or her choice at a facility of the city within that Ward or at his or her place of residence all municipal services that are ordinarily provided at that facility or place of residence.

Municipal services for designated area

87.5(3)     Every person who is resident in the designated area and who goes to a facility of the city where a municipal service is ordinarily provided is entitled to have that municipal service provided in either official language within the designated area or at any location designated by council by by-law under subsection 87.11(1) for the purposes of this subsection.

Subsequent communications

87.5(4)     A person who is entitled to a municipal service in the official language of his or her choice under this section and who initiates communication respecting that service in the official language of his or her choice is entitled to use or to require the use of that official language in all subsequent communications, whether spoken or written, with respect to that service.

BILINGUAL DOCUMENTS

Notices, statements etc.

87.6(1)     All notices, statements of account, certificates, demands in writing and other documents sent or given by the city to persons resident in the designated area shall be in both official languages.

Forms and brochures

87.6(2)     All application forms provided by the city to the general public and all brochures, pamphlets and similar printed documents distributed by the city to the general public shall be available to the general public in both official languages in the designated area.

Publication of notices and advertisements

87.7(1)     Any public notice respecting a matter that affects the designated area generally, whether or not it also affects the rest of the city, and any advertisement for the employment of a person with competence in both official languages shall be published by the city in both official languages.

Public notices may be published separately

87.7(2)     The English and French versions of a public notice or an advertisement referred to in subsection (1) may be published in separate publications.

Cost of publication

87.7(3)     Where a public notice referred to in subsection (1) is given under Part 20 with respect to land in the designated area, the person on whose behalf it is published shall pay the cost of publication in the official language of his or her choice and the city shall pay the cost of publication in the other official language.

BILINGUAL SIGNS

Signs respecting municipal services

87.8(1)     The city shall, inside and outside each location where municipal services are available in both official languages, erect and maintain signs bearing information in both official languages respecting the particular municipal services that are available in both official languages at that location.

General information signs

87.8(2)     In addition to the signs referred to in subsection (1), all signs that are inside or outside each location where municipal services are available in both official languages and that provide information to the public shall be erected and maintained in both official languages.

Street and traffic signs

87.8(3)     All street signs and the words on all traffic signs erected or maintained in the St. Boniface Ward and, where feasible, elsewhere in the designated area shall be in both official languages.

ACCESS GUIDE

Contents of access guide

87.9(1)     The city shall cause to be prepared and published in both official languages an access guide to municipal services in French that shall include

(a) a statement of the requirements to be satisfied by the city and the things that a person is entitled to do under this Part;

(b) details of the actions the city has taken to satisfy those requirements, including, without limitation, a list of the offices, together with their addresses and telephone numbers, where municipal services are available in French and particulars of whether the municipal services are available during normal business hours or within a reasonable time of request; and

(c) such information respecting the organizational structure of the city and of each of its departments as is reasonably necessary to enable a person to take advantage of what he or she is entitled to under this Part.

Availability of access guide

87.9(2)     The city shall ensure that copies of the access guide are available

(a) in every office or facility of the city in the designated area;

(b) in every office or facility at every location designated by council by by-law under subsection 87.11(1) for the purposes of any provision of this Part; and

(c) at any other location considered appropriate by the city.

Updating access guide

87.9(3)     The city shall prepare and publish an updated access guide

(a) if the information becomes substantially inaccurate, within a reasonable period after that occurs; and

(b) at least every three years.

COMPLAINTS

Complaint to ombudsman

87.10       Any person who feels that the city has failed to meet its obligations under this Part may make a complaint to the ombudsman for the city.

IMPLEMENTATION

By-law for implementation

87.11(1)    The City of Winnipeg shall, not later than September 1, 1993, pass a by-law establishing a plan to implement this Part that shall include provisions

(a) prescribing the municipal services that are to be provided by the city for the purposes of subsections 87.4(2) and (6);

(b) where, on the coming into force of this Part, any further actions are required to be taken by the city to comply with its obligations under subsections 87.4(3), 87.5(2), 87.5(3), 87.6(1), 87.6(2), 87.8(1) and 87.8(2), fixing with respect to each of those subsections

(i) the date or dates by which those further actions are required to be taken, or

(ii) where the city elects to phase in compliance with an obligation, a series of dates upon which a series of specified further actions are required to be taken; and

(c) designating locations for the purposes of subsections 87.4(3) and 87.5(3).

Priority services

87.11(2)    The city shall, in the by-law referred to in subsection (1), give priority to providing in both official languages fire, police and ambulance services, social services, library services and leisure and recreational programming to persons in St. Boniface Ward.

ADMINISTRATION

French language coordinator

87.12       The city shall appoint a French language coordinator

(a) to assist in the development  and coordination of the implementation of the plan described in section 87.11; and

(b) to advise on, coordinate, oversee and monitor the provision of municipal services in accordance with, and in satisfaction of the requirements of, this Part.

Annual report to minister

87.13       The council shall annually, not later than four months after the end of the fiscal year of the city, make a report in English and French to the minister respecting the compliance by the city with its obligations under this Part and that report shall include particulars of any complaints under this Part filed with the ombudsman and the disposition of each of those complaints.

Review by minister

87.14(1)     The minister shall, not later than five years after the coming into force of this section, review the compliance by the city with its obligations under this Part for the purpose of determining whether further legislative or other action is required or advisable.

Consultations

87.14(2)    In the course of the review referred to in subsection (1), the minister may consult with the public with respect to such matters as the minister considers advisable.

6           The following is added after section 126:

MUNICIPAL CODE

By-law enacting municipal code

126.1(1)    Council may, in accordance with this section, by by-law pass a municipal code that revises and consolidates those by-laws that were previously passed by council and that council considers desirable to include in the municipal code.

Conditions and approvals deemed to be satisfied

126.1(2)    Any condition precedent or subsequent or the approval of any authority external to council required by law before the original by-law came into force shall, if that condition was satisfied or that approval was obtained in respect of the original by-law, be deemed to have been satisfied or obtained in respect of the corresponding provision of the municipal code.

Contents of municipal code

126.1(3)    The municipal code shall include a schedule listing the by-laws or parts of by-laws that are repealed or repealed and replaced by the municipal code.

Appointment of revising officer

126.1(4)    Council shall appoint a revising officer who shall be responsible for ensuring that the municipal code is prepared in accordance with this section.

Powers of revising officer

126.1(5)    In the preparation of the municipal code, the following powers may be exercised by or under the authority of the revising officer:

(a) the omission of any spent, expired or repealed by-laws or parts of by-laws;

(b) the alteration of the numbering and arrangement of the by-laws or parts of by-laws;

(c) the revision of the language of a by-law in order to express better its intention and meaning, but not so as to change that intention or meaning;

(d) the revision of the language of the by-laws to the extent required to achieve a uniform mode of expression in the municipal code;

(e) the making of such amendments as are necessary to reconcile inconsistent by-laws or parts of by-laws and to correct grammatical or clerical errors.

Report of revising officer

126.1(6)    The revising officer shall, upon completion of the preparation of the municipal code, prepare and submit a report to council setting out a summary of the revisions and amendments made in the exercise of the powers set out in clauses (5)(c), (d) and (e) and certifying that, in the preparation of the municipal code, to the best of his or her knowledge none of the powers referred to in subsection (5) has been exceeded.

Consideration of report

126.1(7)    Council shall consider the report of the revising officer before passing the municipal code.

Operation of code

126.1(8)    Subject to subsection (9), the municipal code shall not operate as new law, but shall be construed and have effect as a consolidation and as declaratory of the law contained in the by-laws or portions of by-laws repealed and for which the municipal code is substituted.

Construction where code differs from previous by-law

126.1(9)    If any provisions of the municipal code are not in their effect the same as the provisions of the repealed by-law for which they are substituted, the following rules shall apply:

(a) in respect of transactions, matters and things arising after the coming into force of the municipal code, the provisions of the municipal code prevail;

(b) in respect of transactions, matters and things arising before the coming into force of the municipal code, the provisions of the repealed by-law prevail.

7           Clause 149(1)(b) is amended by striking out "or an officer or employee of the city," and substituting ", an officer or employee of the city or the Board of Adjustment".

8(1)        Clause 494.1(2)(c), as enacted by S.M. 1991-92, c. 15, s. 17  is repealed.

8(2)        Subsections 494.1(3) and (4), as enacted by S.M. 1991-92, c. 15, s. 17 are amended by striking out "or (c)".

9           The following is added after section 494.7:

By-laws on construction over waterways

494.71(1)   Subject to subsection (2), council

(a) shall pass a by-law

(i) prohibiting the construction of any building or classes of building, or

(ii) regulating the construction of any buildings or class of building,

in, on or over any waterway or class of waterway;

(b) may in the by-law referred to in clause (a) provide that any class of building is exempted from any provision of the by-law; and

(c) may amend the by-law passed under clause (a) or repeal it and substitute another.

Public consultation

494.71(2)   After council has given first, but before it has given second, reading to a proposed by-law under subsection (1), council shall refer the by-law to the designated committee which shall give notice of, and hold, a public hearing with respect to the proposed by-law and submit a report with recommendations to council.

Amendment of minor nature

494.71(3)   Notwithstanding subsection (2), council may amend a by-law passed under subsection (1) without proceeding in the manner set out in subsection (2) where, in the opinion of council, the amendment is of a minor nature and does not prejudice the rights of any person.

Restrictions on permits

494.72(1)   A permit with respect to the construction of a building in, on or over a waterway shall not be issued under Part 15 or Part 15.1 unless it conforms with the by-law passed under subsection 494.71(1).

Conformity with by-law

494.72(2)   No person shall begin or authorize construction of a building in, on or over a waterway unless it conforms with a by-law passed under subsection 494.71(1).

10          Section 494.82 is amended by striking out " in a regulated area, designated floodway area or a designated floodway fringe area to administer and enforce" and substituting "for the purpose of administering or enforcing".

11          Section 574 is amended

(a) by renumbering it as subsection 574(1);

(b) by repealing the definition "committee of council";

(c) by repealing the definition "variance" and substituting the following:

"variance" means the modification of a provision of a development by-law but does not include any change of use other than an order of variance of a use described in subsection 608(4); («dérogation»)

(d) by adding the following as subsection (2):

Meaning of "committee of council"

574(2)      In this Part, except in subsections 641(4), 643(2) or 643(3), "committee of council" means executive policy committee, a standing committee, or a community committee, designated under a by-law passed under this Part.

Meaning of "committee of council" in s. 641(4), 643(2) and (3)

574(3)      In subsection 641(4), 643(2) and 643(3), "committee of council" means executive policy committee or a standing committee designated for the purpose of those subsections under a by-law passed under this Part.

12(1)       Subsection 608(2) is amended by adding "to subsection (4) and" before "to any condition".

12(2)       The following is added after subsection 608(3):

Temporary variance of use

608(4)      An order of variance of the use of a property may authorize a temporary use of that property otherwise prohibited by a development by-law for a period of time that, together with the period or periods of time authorized in any previous order of variance of the use of that property made after July 26, 1991, does not exceed five years.

13(1)       Section 617, as enacted by The City of Winnipeg Amendment Act, S.M. 1991-92, c. 15, s. 18 and proclaimed in force on May 27, 1992, is repealed and is deemed never to have been in force.

13(2)       The following is added after section 616:

SUBDIVISION STANDARDS

Subdivision standards by-laws

617(1)      Council shall pass by-laws establishing standards, criteria or requirements respecting the subdivision of land in the city.

Content of standards by-laws

617(2)      A by-law passed under subsection (1) shall conform with this Act, Plan Winnipeg, secondary plans and development by-laws, and may establish standards, criteria or requirements respecting any of the following:

(a) the layout of, and access to, dedicated land, lots, blocks, and other units of land;

(b) the construction, reconstruction and alteration of highways;

(c) the width, grade and elevation of highways, by reference to minimum or maximum standards, criteria or requirements, or to any other standard council considers appropriate;

(d) the provision and location of strips of land to act as buffers;

(e) the efficient use of energy, including the orientation of lots and parcels so as to obtain maximum benefit from solar energy;

(f) transportation systems, including their operation in a manner that is efficient and convenient for citizens;

(g) the determination of whether land is suitable for subdivision;

(h) the provision of utilities and municipal services;

(i) sites for schools, parks and recreation areas;

(j) the protection of sensitive lands;

(k) flood control;

(l) the conveyance or dedication of land for public purposes other than highways;

(m) such other matters as council considers advisable.

Referral of proposed by-law for report

617(3)      Notwithstanding subsection 628(2), council shall, before giving second reading to a by-law proposed under subsection (2), refer the proposed by-law to a committee of council which shall give notice of, and conduct, a public hearing and submit a report to council in accordance with a by-law passed under subsection 628(1).

14          The following is added after subsection 641(2):

Exercise of powers where combined hearing

641(3)      Where a public hearing is conducted as provided in subsection (2),

(a) the board of adjustment has exclusive power to make an order of variance in respect of which it has held a hearing, notwithstanding any provision to the contrary in a by-law under subsection 607(1) providing for the referral of an application for an order of variance to a designated administrator; and

(b) the committee of council referred to in clause (2)(b) has all the powers and duties of the board of adjustment to approve a conditional use or make an order of variance.

Appeal

641(4)      The approval of a conditional use or an order of variance by the committee of council under clause (3)(b) may be appealed to the committee of council designated by by-law in accordance with the procedures set out in a by-law passed under section 628.

15(1)       Subsection 645(1) is amended by striking out "Planning Appeal Board" and substituting "board of adjustment".

15(2)       Subsection 645(2) is amended by striking out "registered".

16          Section 649 is amended by striking out "in accordance with subsection 650(2)".

17(1)       Subsection 650(2) is amended by striking out "and no member may hold a provincial or municipal office by appointment or election while a member of the board".

17(2)       The following is added after subsection 650(2):

Eligibility

650(2.1)    No person is eligible to be appointed or to remain a member of the board who

(a) holds a provincial or municipal office by appointment or election; or

(b) held a provincial or municipal office by appointment or election in the three year period before his or her appointment to the board.

Transitional

650(2.2)    Clause (2.1)(b) does not apply in respect of a person who, on the coming into force of this section, is a member of the board, until the expiration of the member's term, the member's resignation or the revocation of the member's appointment, whichever is the earliest.

18          The following is added after section 666.2:

Validation

666.3       Every act or thing done under subsections 625(1) to (9), 626(1) and (2) and 627(1) to (5) and 627(7) between July 26, 1991 and March 18, 1992, that would have been lawfully done if those subsections had not been repealed by The City of Winnipeg Amendment Act, S.M. 1991-92, c. 15, s. 18, is hereby validated and declared to have been lawfully done.

19(1)       Subsection 668(1) is amended

(a) in the definition "purchase price", by adding "by a seller" after "electricity or gas is sold"; and

(b) by repealing the definition "seller" and substituting the following:

"seller" means

(a) in the case of electricity, a person, including Manitoba Hydro, who has agreed to sell to a consumer electricity that the person supplies directly to that consumer, or

(b) in the case of gas, a person

(i) who has agreed to sell to a consumer gas that the person supplies directly to that consumer, or

(ii) who supplies gas to a consumer on behalf of a broker who has entered into an agreement to sell that gas to the consumer; («vendeur»)

19(2)       The following is added after subsection 668(6):

Refund of money paid as tax on gas

668(6.1)    A by-law passed under this section may, where a consumer has entered into an agreement with a broker for the purchase of gas at a price (referred to in this subsection as the "broker's price") that is less than the purchase price of the seller who supplies the gas,

(a) provide for a refund to the consumer of the difference between the amount of tax that

(i) the consumer paid to the seller on the purchase price of the gas, and

(ii) the consumer would have paid if the tax had been paid only on the broker's price of the gas;

(b) prescribe the amount below which no refund is required to be made; and

(c) require any application for a refund to be made before the expiration of such period as is prescribed.

Coming into force

20(1)       This Act, except sections 3, 4, 5, 9, 11, 12 and subsection 13(2), comes into force on the day it receives royal assent.

Coming into force: section 3

20(2)       Section 3 comes into force on November 3, 1992.

Coming into force: s. 4, 5, 9 and 13(2)

20(3)       The following provisions come into force on a day fixed by proclamation:

(a) section 4;

(b) section 5;

(c) section 9; and

(d) subsection 13(2).

Coming into force: clauses 11(a), (b) and (d)

20(4)       Clauses 11(a), (b) and (d) come into force on January 1, 1993.

Coming into force: cl. 11(c) and s. 12

20(5)       Clause 11(c) and section 12 are retroact