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The City of Winnipeg Amendment, Municipal Amendment, Planning Amendment and Summary Convictions Amendment Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 1993, c. 2

The City of Winnipeg Amendment, Municipal Amendment, Planning Amendment and Summary Convictions Amendment Act

(Assented to June 30, 1993)

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

PART 1

THE CITY OF WINNIPEG ACT

S.M. 1989-90 c. 10 amended

1           The City of Winnipeg Act is amended by this Part.

2(1)        Subsection 4(1) is amended

(a) in clause (a), by striking out "or confirm";

(b) by striking out "and" at the end of clause (a); and

(c) by adding the following after clause (b):

(c) correct or clarify the description of the area or boundaries of the city, if the Lieutenant Governor in Council is of the opinion that there is an error or an ambiguity in the description;

(d) determine rights and liabilities with respect to any matter or thing  arising from an error or ambiguity in the description of the area or boundaries of the city that is subsequently corrected or clarified and may make any provision it considers advisable to give effect to that determination.

2(2)        The following is added after subsection 4(4):

Effective date of correction or clarification

4(5)        A regulation made under clause (1)(c) or (d) may be made effective on a date that is specified in the regulation and that is on or after the date on which the error occurred or ambiguity arose.

3(1)        Subsection 5(2) is repealed and the following is substituted:

Area and names of wards

5(2)        On application of council or recommendation of the minister following the report of the commission, the Lieutenant Governor in Council may by regulation

(a) establish the area or boundaries of each ward; and

(b) assign a name to each ward.

3(2)        The following is added after subsection 5(2):

Effect of alteration of wards on members

5(2.1)      A regulation made under subsection (2) that alters the area or boundaries of a ward does not affect the membership on, or the right to sit on or vote in, the council of any person elected to represent that ward before its alteration.

4           Subsection 6(10) is amended by adding "by regulation" after "shall".

5(1)        Subsection 27(1) is amended by striking out "shall elect from among the councillors," and substituting "shall appoint from among the councillors".

5(2)        Subsection 27(2) is amended by striking out "elected" and substituting "appointed".

5(3)        Subsection 27(3) is amended

(a) in the section heading, by striking out "for election" and substituting "for appointment"; and

(b) in the subsection, by striking out "elected" and substituting "appointed".

5(4)        Subsection 27(7) is amended by striking out "elect" and substituting "appoint".

6           Clauses 33(4)(b) and (c) are amended in the English version by striking out "elect" and substituting "appoint".

7           Subsection 34(3) is amended

(a) in the section heading, by striking out "Election" and substituting "Appointment"; and

(b) in the subsection, by striking out "elect" and substituting "appoint".

8(1)        Subsection 35(1) is amended by striking out "designated," and substituting "designated, by regulation made".

8(2)        The following is added after subsection 35(2):

Effect of alteration of wards on community committees

35(3)       A regulation made under subsection 5(2) that alters the area or boundaries of a ward does not affect the membership on, or the right to sit on or vote in, a community committee of any person elected to represent that ward before its alteration.

9           Subsection 38(3) is amended

(a) in the section heading, by striking out "Election" and substituting "Appointment"; and

(b) in the subsection, by striking out "elect" and substituting "appoint".

10(1)       Section 60 is renumbered as subsection 60(1) and the part preceding clause (a) is repealed and "The city auditor shall, within the time specified in subsection (2), report to council respecting the fiscal year," is substituted.

10(2)       The following is added after subsection 60(1):

Time of report

60(2)       A report on matters referred to in subsection (1) shall be made as follows:

(a) in the case of matters referred to in clauses (1)(a), (b), (c) and (f), not later than six months after the end of the fiscal year; and

(b) in the case of matters referred to in clauses (1)(d) and (e), not later than the completion of the report with respect to those matters, or six months after the end of the fiscal year, whichever is earlier.

11          Section 61 is amended by striking out "section 60" and substituting "subsection 60(1)".

12          Section 141 is repealed and the following is substituted:

Definition

141(1)      In this section, "procurement" means the acquisition by contract of

(a) goods, whether by purchase, hire-purchase, lease, rental or other agreement;

(b) services from an independent contractor; or

(c) goods and services from an independent contractor in respect of real or personal property, or both.

Procurement policy

141(2)      The council may establish a procurement policy for the city.

Contents of policy

141(3)      Without limiting the generality of subsection (2), a procurement policy may

(a) require classes of procurements to be made by way of competitive bids, competitive proposals or requests for quotations;

(b) permit classes of procurements to be made from a single source or in an emergency situation;

(c) provide for the exemption of classes of procurements from the policy;

(d) establish forms of contract and determine when they are required or permitted to be used;

(e) establish procedures for soliciting procurements by competitive bids, competitive proposals or requests for quotations or from a single source or in an emergency situation;

(f) govern securities to be provided with respect to a bid, proposal or quotation or an offer from a sole source or emergency supplier;

(g) govern securities for the performance of contracts of procurement that are to be provided and maintained by contractors;

(h) govern the award of contracts;

(i) establish ethical standards for persons involved in procurement by the city.

13          Section 176 is amended by renumbering it as subsection 176(1) and by adding the following as subsection 176(2):

Exception

176(2)      Subsection (1) does not apply to premises used by a person carrying on business if the assessor finds it impractical to determine the annual rental value of the premises.

14(1)       Subsection 180(1) is repealed and the following is substituted:

Business tax

180(1)      Every person who uses or occupies premises with a business assessment, other than premises referred to in section 183, shall in each year pay to the city business tax in an amount based on the assessed annual rental value of the premises at the rate prescribed under subsection (2).

14(2)       Subsection 180(3) is repealed.

15          The following is added after subsection 180.1(4):

Phase-in of single rate of business tax

180.1(5)    Notwithstanding any provision of this Act to the contrary, the City may, by by-law, on such terms and conditions as it considers appropriate, limit the increase or decrease in the amount of business tax or a licence fee payable in a year in respect of the premises of any class or group of businesses that results from the difference between

(a) the amount of business tax that was or would have been payable under subsection 180(1) or the licence fee for a licence in lieu of business tax under subsection 183(2) in that year in respect of those premises at the level of value shown on the 1993 assessment roll; and

(b) the amount of business tax or the licence fee that would have been payable in that year in respect of those premises at the level of value shown on the 1993 assessment roll if the provisions of Schedule D to this Act had continued to apply to those premises.

Limitation on by-law under subsection (5)

180.1(6)    A by-law under subsection (5) may apply so as to limit the amount of an increase or decrease in any one or more of the years 1993, 1994 and 1995.

16          The heading "LICENCE IN LIEU OF BUSINESS TAX" preceding section 183 is amended by adding "WHERE PREMISES ASSESSED" after "TAX".

17          Subsection 183(1) is amended

(a) by striking out "No business assessment shall be made or business tax" and substituting "No business tax shall be"; and

(b) by adding "under this section" after "licensed in lieu of business tax".

18          The following is added after section 183:

LICENCE IN LIEU OF BUSINESS TAX WHERE NO ASSESSMENT

Power to require licence

183.1(1)    The city may by by-law

(a) require a person or class of persons

(i) to have a licence in lieu of business tax for premises or a class of premises for which the assessor finds it impractical to determine the annual rental value, or

(ii) who do not occupy premises in the city for the purpose of carrying on business to have a licence in lieu of business tax; and

(b) fix the licence fees payable for a licence referred to in clause (a) in respect of a person or class of persons or premises or any class of premises.

Licence inspector to have powers of tax collector

183.1(2)    The inspector of licences shall have the same powers for, and there shall be the same priority in, collecting licence fees imposed under subsection (1) as the tax collector has in collecting, and as exists for, business tax.

Advertisement or announcement is evidence

183.1(3)    In any proceeding with respect to a licence in lieu of business tax under subsection (1), the publication in a newspaper, magazine or other periodical of an advertisement or announcement

(a) giving the name of a person, the street address of premises or the number of a telephone; and

(b) mentioning the type of work or service, the performance or supply of which, or information concerning which, may be obtained by applying to the person, or at the address, or by calling the telephone number so published;

is evidence, that the person named, or occupying the premises that are described or at which the telephone referred to is situated, are carrying on the business of doing the work or supplying the service at the premises.

19          Section 195.1 is repealed and the following is substituted:

Adjustment of business tax on reassessment

195.1(1)    Council may by by-law, on such terms and conditions as it considers appropriate, limit the amount of the increase or decrease in business tax or licence fee for a licence in lieu of business tax issued under subsection 183(2) in respect of the premises of any class or group of businesses that council determines has resulted from a change in the business tax or licence fee for a licence in lieu of business tax imposed on the premises by reason of a reassessment.

Limitation on by-law under subsection (1)

195.1(2)    A by-law under subsection (1) may apply so as to limit the amount of an increase or decrease in any one or more years beginning in the year of a general assessment and ending in the year preceding the next general assessment.

20          Subsection 255(1) is amended

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

(b) a penalty at a rate per month fixed by by-law of council for each month elapsed since the date of sale to the date of redemption on the original amount and on the subsequent taxes paid by the tax purchaser on the land;

(b) in clause (c), by adding "and redemption, including those amounts that may be deducted by the district registrar under subsection 257(1)," after "with respect to the application".

21(1)       Subsection 314(2) is amended by striking out "by the Lieutenant Governor in Council on the recommendation of council" and substituting "by council".

21(2)       Subsection 314(3) is amended by striking out "Lieutenant Governor in Council" wherever it occurs and substituting "council".

22          Section 402 is amended

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

(b) by striking out the section heading and substituting "Public facilities and services";

(c) by striking out clause (a) and substituting the following:

(a) establish and regulate public facilities and services, including, without limiting the generality of the foregoing, swimming pools, arenas, leisure centres and gymnasiums, and may prescribe the fee or charge for the use of any public facility or the provision of any service to the public and may authorize the use of any facility or provision of any service on any day of the week;

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

Free use of library by residents and electors

402(2)      Notwithstanding any other provision of this Act, the city shall permit the residents of the city to have free use of the circulating and reference books of every public library and branch it maintains.

23          Subsection 445(2) is amended

(a) in the section heading, by adding ", rights and immunities" after "powers";

(b) in the subsection, by adding "rights and immunities" after "all the powers"; and

(c) by striking out "and rights" and substituting ", rights and immunities".

24          The following is added after section 510:

Fee re collection of unpaid parking fines

510.1       Council may by by-law fix an administration fee for the purposes of subclause 23.3(8)(a)(i) of The Summary Convictions Act.

25          Section 544 is amended by adding "or" at the end of clause (c) and by adding the following after clause (c):

(d) for the collection and disposal of solid waste and refuse.

26          Subsection 574(1) is amended by adding the following definition in alphabetical order:

"airport vicinity protection area" means the area adjoining the Winnipeg International Airport established as an airport protection area in a Plan Winnipeg by-law; (« zone tampon de l'aéroport »)

27          The following is added after section 574:

Regulations re airport vicinity protection area

574.1(1)    The Lieutenant Governor in Council may make regulations

(a) respecting the establishment by council of an area of the city adjoining the Winnipeg International Airport to be included in the airport vicinity protection area;

(b) establishing policies for the use of land and buildings and for development in the airport vicinity protection area so as to ensure that the use of land and buildings and development are compatible with the operations of the Winnipeg International Airport and requiring that any Plan Winnipeg by-law be consistent with those policies;

(c) requiring a development by-law to control or prohibit any use of land or buildings or any development in the airport vicinity protection area or any part of it so as to ensure that the use of land or buildings and development are compatible with the operations of the Winnipeg International Airport.

Regulations under clause (1)(a)

574.1(2)    In a regulation under clause (1)(a), the Lieutenant Governor in Council may require such steps to be taken as the Lieutenant Governor in Council considers necessary to ensure the coordination of the establishment under this Act of the area of the airport vicinity protection area in the city and the determination under The Planning Act of the area of an airport vicinity protection area.

28(1)       Subsection 576(2) is amended

(a) in the section heading, by striking out "Plan Winnipeg" and substituting "a Plan Winnipeg by-law"; and

(b) in the part of the subsection preceding clause (a), by striking out "Plan Winnipeg" and substituting "A Plan Winnipeg by-law".

28(2)       The following is added after subsection 576(2):

Plan Winnipeg by-law for airport vicinity protection area

576(3)      A Plan Winnipeg by-law shall

(a) in conformity with the regulations, if any, made under clause 574.1(1)(a), establish an area in the city adjoining the airport as an airport vicinity protection area; and

(b) in conformity with the regulations, if any, made under clause 574.1(1)(b), contain plans and policies, in addition to those described in subsection (2), for the use of land and buildings and for development in the airport vicinity protection area so as to ensure that the use of land and buildings and development are compatible with the operations of the airport.

29(1)       Clause 589(2)(t) is amended by striking out "an airport," and substituting "a".

29(2)       The following is added after subsection 589(2):

Development by-law for airport vicinity protection area

589(2.1)    In addition to matters described in subsection (2), a development by-law with respect to an airport vicinity protection area shall, in conformity with the regulations, if any, made under clause 574.1(1)(c), control or prohibit the use of land and buildings and any development in the airport vicinity protection area or any part of it so as to ensure that the use of land and buildings and development are compatible with the operations of the airport.

30          Subsection 596(2) is amended by adding "the Plan Winnipeg by-law, a secondary plan by-law and" after "conforms with".

31           Section 644 is amended by striking out "Council" and substituting "Except where the circumstances described in clauses 644.1(a), (b) and (c) exist, council".

32          The following is added after section 644:

Referral of report to Municipal Board

644.1       When

(a) a report of a committee of council respecting a secondary plan by-law or a development plan by-law concerning an airport vicinity protection area or an application for approval of a plan of subdivision in an airport vicinity protection area is made to council;

(b) notice has been given under subsection 643(1) in respect of the report; and

(c) the council of a municipality or the board of a planning district established under The Planning Act that adjoins the airport vicinity protection area or the government of Canada or the government of Manitoba objects to the report to council in writing before, or in writing or in person at, the meeting at which council is to consider the report;

council shall, before it makes a decision, refer the matter to The Municipal Board for its report and recommendations.

33(1)       Subsection 645(1) is repealed and the following is substituted:

Decision of council

645(1)      Council shall

(a) before making a decision respecting a proposed secondary plan by-law or development by-law or an application for approval of a plan of subdivision, other than a proposed secondary plan by-law or development by-law concerning an airport vicinity protection area or an application for approval of a plan of subdivision in an airport vicinity protection area, consider the report submitted under subsection 642(2) (Committee decision or recommendation) and any report of the board of adjustment submitted under section 644; and

(b) decide with stated reasons to approve the proposed by-law or application, reject it or approve it with conditions.

33(2)       The following is added after subsection 645(1):

Decision of council re airport vicinity protection area

645(1.1)     Council shall

(a) before making a decision respecting a proposed secondary plan by-law or development by-law concerning an airport vicinity protection area or an application for approval of a plan of subdivision in an airport vicinity protection area, consider the report and recommendations of The Municipal Board under section 644.1; and

(b) subject to subsection (1.2), decide with stated reasons

(i) to approve the proposed by-law or application, with or without conditions, or

(ii) to reject the proposed by-law or application.

Restriction re decision on airport vicinity protection area

645(1.2)    Council shall not approve the proposed by-law or application unless it conforms to the report and recommendations of The Municipal Board.

33(3)       Subsection 645(2) is repealed and the following is substituted:

Notice of decision of council

645(2)      Council shall as soon as practicable give notice by mail of its decision

(a) under subsection (1) to each person who made a representation at the public hearing; and

(b) under subsection (1.1) to each person who made a representation before The Municipal Board.

PART 2

THE MUNICIPAL ACT

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

34          The Municipal Act is amended by this Part.

35(1)       Subsection 38.7(1) is amended

(a) in clause (a),

(i) by striking out "and confirm the area or boundaries", and

(ii) by striking out "and" at the end; and

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

(b) correct or clarify the description of the area or boundaries of a town, village or rural municipality or any city other than The City of Winnipeg, if the Lieutenant Governor in Council is of the opinion that there is an error or an ambiguity in the description;

(c) determine rights and liabilities with respect to any matter or thing arising from an error or ambiguity in the description of the area or boundaries of a town, village or rural municipality or any city other than The City of Winnipeg that is subsequently corrected or clarified and may make any provision it considers advisable to give effect to that determination.

35(2)       The following is added after subsection 38.7(1):

Effective date of correction or clarification

38.7(1.1)   A regulation made under clause (1)(b) or (c) may be made effective on a date that is specified in the regulation and that is on or after the date on which the error occurred or ambiguity arose.

36          The following is added after section 215:

Fee re collection of unpaid parking fines

215.1       Council may by by-law fix an administration fee for the purposes of subclause 23.3(8)(a)(ii) of The Summary Convictions Act.

PART 3

THE PLANNING ACT

C.C.S.M. c. P80 amended

37          The Planning Act is amended by this Part.

38          Section 1 is amended by adding the following definition in alphabetical order:

"airport vicinity protection area" means the area established as an airport vicinity protection area in a development plan under section 24; (« zone tampon d'un aéroport »)

39          Section 6 is amended

(a) by renumbering it as subsection 6(1);

(b) by repealing clause (a); and

(c) by adding the following as subsections 6(2), (3) and (4):

Regulations

6(2)        The Lieutenant Governor in Council may make regulations

(a) establishing provincial land use policies;

(b) respecting the determination of the area to be included in an airport vicinity protection area;

(c) establishing policies for the use of land and buildings and for development in the airport vicinity protection area so as to ensure that the use of land and buildings and development are compatible with the operations of an airport or proposed airport in respect of which the minister makes an order under subsection 24(5) and requiring that a development plan be consistent with those policies;

(d) requiring a zoning by-law to control or prohibit any use of land or buildings or any development in an airport vicinity protection area or any part of it so as to ensure that the use of land or buildings and development are compatible with the operations of the airport or proposed airport in the airport vicinity protection area.

Scope of regulations

6(3)        A regulation made under clause (2)(b), (c) or (d) may be specific or general in its application.

Regulations under clause (2)(b)

6(4)        In a regulation under clause (2)(b), the Lieutenant Governor in Council may require such steps to be taken as the Lieutenant Governor in Council considers necessary to ensure the coordination of the determination of the area of the airport vicinity protection area that will be established in more than one planning district or municipality, including the determination under The City of Winnipeg Act of the area of an airport vicinity protection area.

40          Subsection 22(4) is repealed and the following is substituted:

Hearing of objections by board

22(4)       Subject to subsection 48(7), the district board shall hear an objection to a zoning by-law or a planning scheme to which a member municipality has given second reading, other than an objection described in subsection 48(6).

41          The following is added after subsection 24(4):

Plan where minister orders airport vicinity protection area

24(5)       If the minister is of the opinion that the operations of an airport or proposed airport may be adversely affected by the use of land and buildings and development in the vicinity, the minister may, after consultation with any board of a district or council of a municipality, order the board of any planning district or the council of a municipality, to prepare a development plan or an amendment to a development plan under subsection (1), (2) or (4), as the case may be, to comply with subsection 25(5).

No airport vicinity protection area except on order of minister

24(6)       An airport vicinity protection area may be established only pursuant to an order of the minister under subsection (5).

42          The following is added after subsection 25(4):

Development plan for airport vicinity protection area

25(5)       A development plan of a planning district or municipality in respect of which an order under subsection 24(5) is made shall

(a) in conformity with the regulations, if any, made under clause 6(2)(b), establish an area in the planning district or municipality as an airport vicinity protection area; and

(b) in conformity with the regulations, if any, made under clause 6(2)(c), contain plans and policies, in addition to those described in subsection (4), for the use of land and buildings and for development in the airport vicinity protection area so as to ensure that the use and development are compatible with the operations of the airport or proposed airport.

43          The following is added after subsection 43(3):

Zoning by-law for airport vicinity protection area

43(3.1)     In addition to matters described in subsections (1), (2) and (3), a zoning by-law with respect to an airport vicinity protection area shall, in conformity with the regulations, if any, made under clause 6(2)(d), control or prohibit the use of land and buildings and any development in the airport vicinity protection area or any part of it to ensure that the use of land or buildings and development are compatible with the operations of the airport or proposed airport.

44          Section 44 is amended

(a) by renumbering it as subsection 44(1);

(b) by striking out "In" and substituting "Subject to subsection (2), in"; and

(c) by adding the following as subsection 44(2):

Establishing development standards for airport vicinity protection area

44(2)       In establishing and adopting development standards for an airport vicinity protection area, the council shall ensure that those development standards are consistent with the development plan and in compliance with subsection 43(3.1).

45(1)       Subsection 48(6) is repealed and the following is substituted:

Objection heard by Municipal Board

48(6)       The Municipal Board shall hear an objection with respect to a zoning by-law under subsection 46(3) filed by

(a) the board of a district or the council of an adjoining municipality, if the objection is in respect of an area other than an airport vicinity protection area; and

(b) the board of a district or the council of an adjoining municipality or the government of Canada or the government of Manitoba, if the objection is in respect of an airport vicinity protection area.

45(2)       Subsection 48(7) is repealed and the following is substituted:

Transfer of objections to Municipal Board

48(7)       When an objection is filed with The Municipal Board under subsection 46(3) by

(a) the board of a district or the council of an adjoining municipality in respect of an area other than an airport vicinity protection area; or

(b) the board of a district or the council of an adjoining municipality or the government of Canada or the government of Manitoba in respect of an airport vicinity protection area;

all objections filed with a district board under subsection 46(3) shall be transferred by the district board to The Municipal Board for hearing in accordance with the provisions of this section; and, upon receiving an objection, The Municipal Board shall forthwith notify the district board, if any, that any objection filed with the district board is to be transferred in accordance with this subsection.

PART 4

THE SUMMARY CONVICTIONS ACT

C.C.S.M. c. S230 amended

46          The Summary Convictions Act is amended by this Part.

47          Section 1 is amended by adding the following definitions in alphabetical order:

"amendment statement" means an amendment to a financing statement; (« déclaration de modification »)

"authority" means

(a) the government of Manitoba,

(b) a municipality, or

(c) a local government district; (« autorité »)

"financing statement" means a financing statement as defined in The Personal Property Security Act; (« déclaration de financement »)

"lien" means a lien described in subsection 23.1(1) on a vehicle; (« privilège »)

"Personal Property Registry" means The Personal Property Registry established under The Personal Property Security Act; (« Bureau d'enregistrement des sûretés relatives aux biens personnels »)

"purchase-money security interest"  means a purchase-money security interest as defined in The Personal Property Security Act; (« sûreté en garantie du prix d'achat »)

48          The following is added after section 23:

Lien of authority

23.1(1)     In addition to every other remedy that an authority has for the recovery of the amount of a fine

(a) that was imposed as a result of a conviction for an offence referred to in subsection 16(2) for which an owner of a vehicle was liable;

(b) that is in default; and

(c) any portion of which is payable to the authority under an Act of the Legislature;

the authority has a lien on any vehicle of that owner for the amount of the fine.

Court costs included

23.1(2)     An authority has a lien for the whole amount of the fine even if that amount includes costs.

When lien takes effect

23.1(3)     A lien on a vehicle takes effect when the authority registers a financing statement in The Personal Property Registry in respect of the vehicle.

Extent of security

23.1(4)     A lien in respect of which a financing statement is registered in The Personal Property Registry by an authority secures the amount of the following fines for which the owner is liable to that authority:

(a) in respect of fines in default on the date of registration of the financing statement, the lesser of

(i) the sum of those fines, and

(ii) $1,000.;

(b) in respect of fines in default subsequent to the date of registration, all such fines for which the owner is liable before the discharge of the lien.

Transitional

23.1(5)     Despite clause (4)(a), if an authority registers a financing statement in respect of a lien within six months after the coming into force of this section, the lien secures all fines in default on the date of registration of the financing statement.

Notice of registration

23.2(1)     An authority shall, within 15 days after registering a financing statement with respect to a lien on a vehicle, give a notice to the owner of the vehicle containing the information described in subsection (2) by serving the notice personally upon the owner or by leaving a copy at the last known residence or place of business of the owner or by sending a copy by registered mail to the owner's last known postal address.

Contents of notice

23.2(2)     A notice under subsection (1) shall state

(a) that the authority has a lien with respect to unpaid parking fines under this Act and has registered a financing statement in The Personal Property Registry with respect to a vehicle of a specified make, model and year;

(b) if the vehicle is registered under The Highway Traffic Act, the name and address of the registered owner;

(c) if the vehicle is not registered under The Highway Traffic Act, that there is reason to believe that the vehicle is owned by a person whose name and address are specified;

(d) the amount of the unpaid parking fines as at the date of registration of the financing statement;

(e) that, if the amount of the lien is not paid within 15 days after the notice is given to the owner in accordance with subsection (1), the authority may take possession and dispose of the vehicle; and

(f) the address and telephone number of the place where further information can be obtained from the authority.

Sufficiency of certain notices

23.2(3)     A notice under subsection (1) that is given by leaving a copy at the last known residence or place of business of the owner or by sending a copy by registered mail to the owner's last postal address is sufficiently given if it is left at the last address of the residence or place of business, or sent to the last postal address, of the owner shown in the records of the Registrar of Motor Vehicles under The Highway Traffic Act.

Application of Personal Property Security Act

23.3(1)     Notwithstanding clause 3(1)(a) of The Personal Property Security Act but subject to subsections (2) to (8) of this Act, The Personal Property Security Act and the regulations under that Act apply in respect of a lien with such modifications as the circumstances require.

Interpretation

23.3(2)     For the purpose of this section,

(a) an authority is deemed to be a secured party under The Personal Property Security Act;

(b) an owner is deemed to be a debtor under that Act; and

(c) a lien is deemed to be a security interest under that Act.

Priority of lien

23.3(3)     A lien on a vehicle has priority over every security interest and every claim to or right in the vehicle under any Act other than

(a) a lien under subsection 7(1) of The Payment of Wages Act in respect of which a financing statement has been filed in The Personal Property Registry in accordance with the regulations made under The Personal Property Security Act;

(b) a purchase-money security interest in the vehicle if that purchase-money security interest was perfected

(i) prior to the registration of a financing statement in respect of the vehicle by the authority, or

(ii) at the time the debtor obtained possession of the vehicle or within 10 days thereafter; or

(c) a garage keeper's lien under The Garage Keepers Act on the vehicle.

Perfection upon registration

23.3(4)     Upon registration of a financing statement under subsection 23.1(3) by an authority, the lien of the authority is deemed to be a perfected security interest under The Personal Property Security Act.

Additional vehicles

23.3(5)     A lien in respect of which an authority has registered a financing statement extends to any vehicle of the owner the serial number of which is not included in that financing statement if an amendment statement adding that vehicle is registered in the Personal Property Registry by an authority.

Signature of owner not required

23.3(6)     A financing statement or an amendment statement may be registered by an authority even though it is not signed by the owner.

Administrative expenses

23.3(7)     In addition to the expenses permitted under The Personal Property Security Act for retaking, holding, repairing, processing, preparing for disposition of and disposing of a vehicle, an authority is entitled to be paid any reasonable expenses incurred by the authority and an administration fee.

Amount of administration fee

23.3(8)     An administration fee is

(a) if the authority is the government of Manitoba, the amount that is fixed by regulation under clause 30(j);

(b) if the authority is a municipality, the amount, not exceeding the maximum fixed by regulation under clause 30(k), that is fixed by by-law

(i) under section 510.1 of the City of Winnipeg Act in the case of the City of Winnipeg, and

(ii) under section 215.1 of The Municipal Act in the case of a municipality other than the City of Winnipeg; and

(c) if the authority is a local government district, the amount, not exceeding the maximum fixed by regulation under clause 30(k), that is fixed by by-law under The Local Government Districts Act.

Duty of municipality and L.G.D. re court costs

23.4        A municipality or local government district that collects a fine under section 23.1, 23.2 or 23.3 shall remit to the government of Manitoba the portion due to the government on account of costs.

49          Section 30 is amended by adding the following after clause (i):

(j) fixing the amount of the administration fee for the purpose of clause 23.3(8)(a);

(k) fixing the maximum administration fee for the purpose of clauses 23.3(8)(b) and (c);

(l) defining any word or phrase used, but not defined, in this Act;

(m) for the purpose of making sections 23.1 to 23.4 of this Act and The Personal Property Security Act consistent or clarifying their relationship.

PART 5

MISCELLANEOUS AND COMING INTO FORCE

50          Clause 11(d) of The City of Winnipeg Amendment Act (3), S.M. 1992, c. 37 is amended in the English version by striking out "as subsection (2)" and substituting "as subsections (2) and (3)".

Coming into force

51(1)       This Act, except sections13 to 19, Part 4 and section 50, comes into force on the day it receives royal assent.

Coming into force: s. 13 to 19  and s. 50

51(2)       Sections 13 to 19 and section 50 are retroactive and are deemed to have come into force on January 1, 1993.

Coming into force and application: Part 4

51(3)       Part 4 comes into force on a day fixed by proclamation and applies in respect of fines imposed before and after the coming into force of that Part.