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The City of Winnipeg Amendment and Consequential Amendments Act

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

S.M. 1994, c. 15

The City of Winnipeg Amendment and Consequential Amendments Act

(Assented to July 5, 1994)

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           The French version of subsection 5(3) is amended in the part preceding clause (a) by striking out "la Commission des limites des quartiers de Winnipeg" and substituting "la Commission de délimitation des quartiers électoraux de Winnipeg"

3           The following is added after section 15:

Quorum of committee

15(3)       A by-law under subsection (2) may provide that an ex officio member of a committee may be counted for the purpose of constituting a quorum.

4(1)        Subsection 28(3) is amended by striking out "four".

4(2)        Subsection 28(4) is amended by adding "including exercising the right of the mayor under subsection (2)" at the end.

4(3)        Subsection 28(5) is amended by adding "including exercising the right of the mayor under subsection (2)" at the end.

5           Clause 29(1)(c) is amended by striking out "four".

6           Subsection 33(1) is amended by adding "not more than" after "establish".

7           Subsection 50(2) is repealed.

8           Subsection 51(2) is repealed.

9           Section 87 is renumbered as section 87.15.

10(1)       Subsection 89.2(1) is amended by striking out "first Wednesday in October" and substituting "last Wednesday in September".

10(2)       Subsection 89.2(2) is amended by striking out "Each nomination" and substituting "Subject to subsection (4), each nomination".

10(3)       The following is added after subsection 89.2(3):

Nomination for mayor

89.2(4)     A nomination for mayor filed under subsection (1) shall be made in writing and signed by not less than 250 electors.

11          Section 89.3 is amended

(a) by repealing the section heading and substituting "List of electors for each polling subdivision"; and

(b) by renumbering it as subsection 89.3(1) and adding the following as subsection 89.3(2):

By-law re computerized list of electors

89.3(2)     The council may pass a by-law respecting the enumeration of voters and the preparation and use of lists of electors on computer, including the sale of the lists for a fee that is not more than the cost of providing them.

Candidate entitled to two free copies

89.3(3)     Subsection (2) does not affect the right of a candidate to apply for copies of the list of electors under clause 31(5)(a) of The Local Authorities Election Act.

12          The following is added after section 89.3:

Advance polls and mail vote

89.3.1      For the purpose of accommodating electors at an election, the returning officer

(a) shall open and keep open an advance polling place at City Hall, during regular office hours and such other hours as the council may prescribe by by-law, between the last day on which a candidate may withdraw under section 51 of The Local Authorities Election Act and the day before election day;

(b) shall open and keep open additional advance polling places at such central locations as the council may prescribe by by-law

(i) on such days other than holidays as may be prescribed by the by-law, between the last day on which a candidate may withdraw under section 51 of The Local Authorities Election Act and the day before election day, and

(ii) during such hours as may be prescribed by the by-law, which shall include 5:00 to 9:00 p.m. on at least one day in the three days before the day preceding election day, and on any other of the three days on which the advance polls are prescribed under the by-law;

(c) shall accept, between the last day on which a candidate may withdraw under section 51 of The Local Authorities Election Act and the seventh day before election day, an application to vote by mail from any elector who wishes to vote at the election by mail; and

(d) shall ensure that ballot papers are available for the purpose of advance polling places and mail votes, with such modification of section 63 (printing of ballot papers) of The Local Authorities Election Act as is necessary, until the forms required under section 63 are available.

By-law re devices for voting and counting votes

89.3.2(1)   The council may pass a by-law respecting the use at elections of voting machines, voting recorders, optical scanning vote tabulators, or other devices, and any such by-law shall include provisions

(a) prescribing the form of ballot;

(b) respecting procedure for voting and for counting votes;

(c) respecting any other matter that the council considers necessary or advisable.

Regulation

89.3.2(2)   If the council passes a by-law under subsection (1), the Lieutenant Governor in Council may by regulation provide for any matter the Lieutenant Governor in Council considers necessary or advisable for the purpose of conducting an election with the devices referred to in subsection (1), including any matter referred to in the by-law, and in the event of any conflict between the regulation and the by-law, or the regulation and The Local Authorities Election Act, the regulation shall prevail.

Recount

89.3.2(3)   Subject to a regulation made under subsection (2), a judge who determines under subsection 102(1) of The Local Authorities Election Act that a recount is required of ballots counted by a device referred to in subsection (1), shall determine whether the recount or any part of it shall be conducted manually or by using the device, or both.

13          Subsection 95(1) is amended by repealing clause (a) in the definition "campaign period" and substituting the following:

(a) in a regular election

(i) in the case of a candidate for mayor, commencing on May 1 in the year of the election, and ending on March 31 of the year following the election, and

(ii) in the case of other candidates, commencing 120 days before election day, and ending on March 31 of the year following the election; and

14(1)       Subsection 96(2) is amended in the part preceding clause (a) by striking out "with the returning officer, within 120 days after the date of the election," and substituting "with the person designated under clause 96(1)(f)".

14(2)       The following is added after subsection 96(2):

Time for filing audited statement

96(2.1)     A registered candidate shall file an audited statement under subsection (2)

(a) if he or she is nominated as a candidate in the election and does not withdraw, not later than May 31 in the year following the election; and

(b) if he or she is not nominated as a candidate in the election or is nominated but withdraws, not later than 60 days after election day.

15          Subsection 97(1) is amended by striking out "solicit or".

16          Clause 98(1)(d) is repealed and the following is substituted:

(d) the audited statement required under subsection 96(2) is prepared; and

17(1)       Subsection 100(1) is amended

(a) by striking out "within 120 days of the date of the election, the returning officer" and substituting "within the time specified in clause 96(2.1)(a), the person designated under clause 96(1)(f)"; and

(b) by striking out "with the returning officer" and substituting "with the designated person".

17(2)       Subsection 100(3) is repealed and the following is substituted:

Failure to file by other candidates

100(3)      A person who, as a registered candidate in an election, is not nominated as a candidate in the election or is nominated and is defeated or withdraws and fails to comply with subsection 96(2.1) (time for filing audited statement) is not eligible to be nominated as a candidate in an election until he or she files an audited statement.

18          The following is added after section 138:

By-law re home renovation tax credit program

138.1(1)    The council may by by-law establish a program of property tax credits to encourage and assist in the renovation of residential premises, and any such by-law shall include provisions

(a) prescribing types or classes of premises eligible for tax credits, which types or classes may be based on the age, assessed value or occupancy of eligible premises, or other criteria;

(b) prescribing the types of renovations and costs associated with renovations eligible for tax credits;

(c) establishing terms and conditions under which tax credits may be provided and terminated;

(d) respecting the amounts of tax credits, including the maximum annual tax credit for each premises and the period of time in which a tax credit may be applied to taxes; and

(e) respecting any other matter that the council considers necessary or advisable.

Review of program in fifth year

138.1(2)    A by-law passed under subsection (1) expires five years after the day it is passed unless the council, in the fifth year, reviews the program and approves continuation of the by-law.

19          Clause 155(1)(b) is amended by striking out "subsection 424(6)" and substituting "subsection 418(5)".

20          Subsection 181(2) is repealed and the following is substituted:

Form of roll

181(2)      The council may, by by-law, provide that the business assessment and tax rolls be in any form, including an electronic form.

21(1)       Subsection 206(3) is amended by striking out everything after "general rate".

21(2)       Subsection 206(4) is amended by striking out "only one" and substituting "a".

21(3)       Subsection 206(5) is repealed and the following is substituted:

Form of tax roll

206(5)      The council may, by by-law, provide that the realty assessment and tax rolls be in any form, including an electronic form.

22(1)       Subsection 207(4) is amended by adding "a copy of" after "The production of".

22(2)       The following is added after subsection 207(4):

Definition of "copy"

207(4.1)    In this section, "copy" includes a paper reproduction of a roll that is in a form other than on paper.

23(1)       Subsection 208(1) is amended by striking out "or" at the end of clauses (b) and (d), and by repealing everything after clause (d) and substituting the following:

(e) a change has been made in classification of property under The Municipal Assessment Act or a regulation under that Act; or

(f) land has been improved and subdivided;

the tax collector shall forthwith make the necessary changes to the current tax roll so as to levy those taxes that would have been levied in the current year if the assessment roll had reflected the liability to assessment in clause (a) or the occurrence of an event described in clause (b), (c), (d), (e) or (f).

23(2)       Subsection 208(3) is amended

(a) by repealing the section heading and substituting "Notice of change in tax"; and

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

(a) shall issue a statement and demand for payment of taxes to the person liable to assessment and taxation, together with information on

(i) the amount at which the property has been newly assessed,

(ii) the portion of the year or years applicable, and

(iii) the reason for the change; and

24          Sections 209, 210 and 210.1 are repealed and the following is substituted:

By-laws re payment of taxes

209(1)      The council may pass by-laws in relation to realty and business taxes levied in a year

(a) fixing a date or dates, in the year in which the taxes are levied, as the date or dates on which the taxes are due, when the taxes are paid other than by instalments;

(b) providing that, in the year in which they are levied, taxes may be paid in instalments as permitted in the by-law, subject to such terms and conditions as are specified, and, when so provided, fixing the date or dates on which taxes are due, or prescribing the manner in which the date or dates are to be fixed;

(c) providing that, when taxes are paid other than by instalments, discounts at the rates prescribed in the by-law may be allowed on taxes that are prepaid by the dates specified in the by-law;

(d) providing that, when taxes are paid by instalments, discounts at the rates determined in the by-law may be allowed on instalments that are prepaid.

By-law may specify purpose of instalment

209(2)      A by-law under clause (1)(b) may provide that each instalment consist of the whole or part of the taxes levied for a particular purpose specified in the by-law and, if it does so, may authorize the tax collector to mail before July 31 of the year for which the taxes are payable, notices containing a statement and demand for payment of the instalment of taxes levied for the particular purpose specified in the by-law.

Restriction on discounts

209(3)      A prepayment under clause (1)(c) or (d) shall

(a) not be accepted with respect to a tax account if there are taxes in arrears on that account; and

(b) be applied to taxes for the current year only.

Application of prepayment

209(4)      A person who prepays taxes shall specify the tax account to which the prepayment is to be applied and the tax collector shall not apply the prepayment to any other account.

Mailing of tax notice

210(1)      On or before July 31 in each year, the tax collector shall mail a notice containing a statement and demand for payment of the taxes levied for that year and any arrears of taxes.

Form of notice

210(2)      A notice referred to in subsection (1) shall be in a form approved by the minister responsible for The Municipal Assessment Act.

To whom notice sent

210(3)       A notice referred to in subsection (1) shall be sent to each person whose name appears on the tax roll or to that person's agent if the person whose name appears on a tax roll has given the name and address of an agent to the tax collector.

Contents of notice

210(4)      The statement and demand for payment of taxes shall contain or be accompanied by information as to when the taxes are required to be paid, when the discounts are allowed and when penalties are charged.

Entry of date of notice

210(5)      The tax collector shall enter the date of mailing the statement and demand for payment of taxes in the tax roll opposite the property or the name of the person taxed.

25          Subsections 212(1) to (4) are repealed and the following is substituted:

Application

212(1)      This section applies to all taxes, including, without limitation, business tax and frontage tax for street improvements and other taxes levied by special rate.

Council may set penalties

212(2)      Council may by by-law

(a) fix the rate of interest to be paid as a penalty on taxes that are due and unpaid or prescribe the manner in which the rate of interest is to be fixed;

(b) provide for compounding the interest and prescribing the manner of compounding it;

(c) provide that the penalties be added to the taxes at a specified time or times.

26          The following is added after section 225:

Building not to be removed if taxes unpaid

225.1(1)    No person shall, without the prior consent of the tax collector, remove a building from land on which it is situated if the taxes on the building or land and penalties are unpaid.

Transfer of taxes

225.1(2)    If

(a) the taxes and penalties are unpaid on a building or on the land on which it is situated; and

(b) it is removed from that land to other land without the prior consent of the tax collector;

the tax collector may transfer the unpaid taxes and accrued penalties to the other land, and this Act applies as if the taxes had originally been levied on that other land with such modifications as the circumstances require.

27          Section 226 is repealed and the following is substituted:

Taxes imposed on January 1

226         Taxes or rates levied for a year are imposed on January 1 of that year.

28           The French version of section 242 is amended by striking out "dus" and substituting "dues".

29          Subsection 277(4) is repealed and the following is substituted:

Fee for statement without certificate

277(4)      The council may fix the fees payable by a person, other than the owner of land charged with the taxes, or may prescribe the manner in which the fees are to be fixed, for a summary or detailed statement of current or past taxes or arrears of taxes for land described in a certificate of title and shown as a separate entry on the tax collector's roll.

30          Section 400 is repealed.

31          Section 405 is repealed.

32          Section 415 is repealed.

33          Part 12 is repealed and the following is substituted:

PART 12

PUBLIC CONVENIENCE AND WELFARE

NUISANCES, NOISE AND RELATED MATTERS

Nuisances, noise and related matters

418(1)      The council may pass by-laws

(a) prohibiting nuisances and requiring nuisances to be abated, and for the purpose of prohibiting, regulating and remedying untidy and unsightly premises;

(b) prohibiting or regulating noises that in the opinion of the council are unnecessary or may be prejudicial to the rest, comfort or health of the public;

(c) requiring the removal or pruning of trees or shrubs on private or other property that interfere with or endanger the lines, poles, conduits, pipes, sewers or other works of a municipal or other public utility;

(d) requiring owners, agents of owners and occupiers of land to keep grass and other groundcover cut;

(e) requiring owners, agents of owners and occupiers of land to remove snow and ice from the roofs of premises on the land;

(f) preventing injury to or destruction of trees or shrubs planted for shade or ornament;

(g) preventing cruelty to animals and preventing the destruction of birds;

(h) prohibiting or regulating the firing of guns or other firearms, and the firing or setting off of fire balls, squibs, crackers or fireworks, and for prohibiting the sale within the city of fireworks to any person;

(i) requiring the proprietors of businesses that sell food or refreshments in containers or papers that are discarded in the vicinity by patrons of the business to

(i) keep the premises and the adjoining public and private land, streets and lanes, within a distance that the council may prescribe, free of discarded containers and papers, and

(ii) collect and dispose of the discarded containers and papers at a time and in a manner that is satisfactory to the health officer of the city.

Presumption as to discarded cartons

418(2)      For the purpose of a by-law made under clause (1)(i), discarded containers and papers of a kind used in a business described in that clause, that are found within the distance from the place prescribed in the by-law, are presumed to have been used for the sale of goods sold in that business and to have been discarded by its patrons.

Order requiring owner to remedy defect

418(3)      A by-law under subsection (1) may

(a) permit the city to make an order requiring the owner, agent of the owner or occupier of land to remedy any condition on the land that contravenes the by-law;

(b) provide for the way in which notice of an order is to be given to the owner, agent of the owner or occupier, and the by-law may provide that notice may be given in a different manner for different types of orders;

(c) impose penalties for contravention of the by-law;

(d) provide that if the owner, agent of the owner or occupier does not comply with an order to remedy the condition, the city may cause such work to be done as it considers necessary to remedy the condition;

(e) require the cost of the work done to remedy the condition to be paid by the owner, agent of the owner or occupier and, in default of payment, permitting the city

(i) to recover the cost as a debt in a civil proceeding, or

(ii) to charge the cost against the affected land as taxes due and owing in respect of that land and to recover the cost as such; and

(f) contain any other provision that the council considers necessary to carry out the purpose of the by-law.

Appeal from order

418(4)      An owner, agent of the owner or occupier who is ordered to remedy a condition under a by-law passed under this section may appeal the order to the Court of Queen's Bench within 10 days after notice is given and, if the Court is satisfied that the city has acted unreasonably or unjustly or in a manner contrary to the intent and meaning of this Part, the Court may set aside or vary the order.

Right to enter and inspect

418(5)      A person authorized by the council may, with the consent of the owner or occupier but subject to subsection 155(1)(warrant), enter and inspect any land, building or premises to determine compliance with a by-law passed under subsection (1) and to enforce the by-law.

SIGNS AND NOTICES

Signs and notices

419         The council may pass by-laws

(a) prohibiting the removing or defacing of signs, notices and other advertising devices that are lawfully affixed;

(b) prohibiting the defacing of private or other property by printed or other notices.

FENCES

Fences

420         The council may pass by-laws

(a) requiring vacant lots to be properly enclosed;

(b) prescribing the height and description of fences;

(c) prescribing the height and description of and the manner of maintaining, keeping up or laying down fences along highways, and for compensating persons required to maintain, keep up or lay down those fences for any of their increased expenses;

(d) prescribing the height, extent and description of division fences, and for determining how the cost of them is to be apportioned, and for directing that any amount that is apportioned is to be recovered in the same way as a general penalty is recovered under this Act, other than those for which a specific method of collection is prescribed under this Act;

(e) prohibiting or regulating barbed wire, buckthorn and other similar fences along or near streets and highways, and requiring the removal of such fences.

OVERHANGING SHRUBBERY

Overhanging shrubbery

421(1)      When it considers it necessary for the convenient use of a street, the city may enter any land to trim or remove a tree or shrub that is growing on land adjacent to the street, and the city is not liable in damages or for compensation for doing so.

Notice

421(2)      Before entering land under subsection (1), the city shall give at least seven days written notice to the owner, agent of the owner or occupier of the land.

Content of notice

421(3)      The notice shall set out

(a) the time within which the city will exercise its authority;

(b) a reference to the statutory authority under which the city is proceeding; and

(c) a brief summary of the reason for exercising the authority.

How notice to be given

421(4)      The notice shall be

(a) sent by registered mail or served personally on the owner, agent of the owner or occupier; or

(b) if no owner, agent of the owner or occupier can be located, posted in at least two conspicuous places on the affected land.

No notice required in emergency

421(5)      A notice is not required to be given under this section in the case of an emergency or apparent danger to a person or to property.

MOTOR VEHICLE RACE TRACKS

Motor vehicle race tracks

422         The council may pass by-laws

(a) prescribing construction and operational standards for motor vehicle race tracks, motor vehicle speedways and other similar motor vehicle courses, to protect persons attending them;

(b) requiring the operator of a race track, speedway or course to obtain a licence;

(c) imposing penalties for contravention of the by-law.

PARKING VEHICLES ON

PRIVATE PROPERTY

Parking vehicles on private property

423(1)      The council may pass by-laws, which may apply to the whole or any part of the city,

(a) prohibiting a person from parking or leaving a vehicle on private property without the permission of the owner or occupier of the property;

(b) requiring the owner or occupier of private property who wishes to take advantage of a by-law under this section to erect and maintain a clear and legible sign, in a form prescribed in the by-law, indicating that

(i) parking of vehicles on the property is prohibited,

(ii) unauthorized parking of vehicles is prohibited, or

(iii) unauthorized parking during specific periods is prohibited;

(c) providing that the owner and the driver of the vehicle are subject to a penalty imposed for contravention of the by-law;

(d) appointing garage keepers as vehicle pound keepers;

(e) providing for the removal of vehicles parked or left in contravention of a by-law under this section and for their impoundment;

(f) fixing the charges for removing, impounding and storing a vehicle removed under the authority of a by-law under this section;

(g) providing for the release of a vehicle from a vehicle pound on payment of the removal, impoundment and storage charges payable to the pound keeper.

Lien in favour of garage keeper

423(2)      The charges for removing, impounding and storing a vehicle under this section are a debt owed by the owner of the vehicle, and create a lien in favour of the person removing, impounding or storing the vehicle to the same extent, and in the same manner, as if the debt were incurred under The Garage Keepers Act.

Refund of improper charges

423(3)      Where

(a) in a prosecution of an owner of a vehicle or any other person for parking or leaving the vehicle contrary to a by-law under subsection (1);

(b) in a prosecution of a person for an offence involving the unlawful removal or impoundment of a vehicle; or

(c) in an action or proceeding brought by the owner of a vehicle to recover the charges for removing, impounding or storing the vehicle;

the justice finds that the removal and impoundment of the vehicle in supposed compliance with a by-law under subsection (1) was not in compliance with the by-law, the justice may order that any charges for removing, impounding or storing the vehicle paid by or on behalf of the owner of the vehicle be refunded to the owner by the person to whom the charges were paid.

PARKING BY THE PHYSICALLY DISABLED

Interpretation

424(1)      In this section and in section 425,

"designated parking space" means a parking space, designated by signs or pavement markings as being for the sole use of motor vehicles displaying a permit, and that is located

(a) on a highway,

(b) in a public parking lot or facility, or

(c) in a private parking lot or facility to which the public has access; (« aire de stationnement désignée »)

"motor vehicle" means a motor vehicle as defined in The Highway Traffic Act; (« véhicule automobile »)

"permit" means a physically disabled person's parking permit issued under section 124.3 of The Highway Traffic Act. (« permis »)

By-law required for parking for physically disabled persons

424(2)      The council shall, by by-law, make it an offence for a person to stop, stand or park a motor vehicle

(a) in a designated parking space; or

(b) in a manner that makes a designated parking space inaccessible;

unless a permit is displayed in the vehicle and is used in accordance with The Highway Traffic Act and the regulations under that Act.

Penalty

424(3)      A by-law under subsection (2) shall impose a fine for its contravention which shall be an amount equal to or greater than the maximum fine for any other parking violation imposed by by-law under this Act.

Designated parking spaces for the disabled

425(1)      The council may pass by-laws requiring owners or operators of parking lots or other parking facilities to which the public has access, whether on payment of a fee or otherwise, to provide designated parking spaces for the use of motor vehicles displaying a permit in accordance with The Highway Traffic Act and the regulations under that Act and for prohibiting the use of such spaces by other vehicles.

Contents of by-law

425(2)      A by-law under subsection (1) may

(a) specify the dimensions of designated parking spaces and the number of such spaces to be provided by each owner or operator, and the number of spaces may be based on a proportion of the total number of parking spaces in the parking lot or parking facility; and

(b) specify the requirements for the design, dimensions and location of signs or traffic control devices for designated parking spaces.

DERELICT VEHICLES

Meaning of "derelict vehicle"

426(1)      A vehicle is deemed to be a derelict vehicle for the purpose of this section if it is not a new and unused vehicle, and if

(a) it is not in operating condition;

(b) it does not have attached to it one or more number plates issued under The Highway Traffic Act for the current registration year under that Act;

(c) it is kept in the open; and

(d) its owner has either abandoned it or is keeping it primarily to salvage or sell parts from it or to sell it as scrap metal;

and includes the body or chassis of a used motor vehicle all or some of the parts of which have been removed and to which clauses (b), (c), and (d) apply.

Determination of abandonment

426(2)      Unless the owner of a vehicle establishes the contrary to the satisfaction of the city or to a court if the matter is before the court, an object to which subsection (1) otherwise applies shall be deemed to have been abandoned within the meaning of clause (1)(d) if, for a period of at least one month,

(a) it has been left in the open; and

(b) in the opinion of the city or the court, it has been deserted.

Derelict vehicles

426(3)      The council may pass by-laws

(a) prohibiting a person from parking or leaving a derelict vehicle on private property with or without the consent of the owner or occupier of the property;

(b) requiring an owner or occupier of private property who wishes to keep derelict vehicles on the property to obtain a licence to do so from the city, and fixing the amount of the licence fee;

(c) providing for the removal from private property of any derelict vehicle parked or left on the property in contravention of a by-law under this section, and providing for the impoundment, storage, destruction or disposal of that vehicle;

(d) fixing the charges for the removal, impoundment, storage, destruction or disposal of a derelict vehicle removed from private property under a by-law under this section;

(e) imposing penalties for contravention of a by-law under this section.

Charges recoverable by city

426(4)      The charges incurred for the removal, impoundment, storage, destruction or disposal of a derelict vehicle removed by the city under a by-law under this section is a debt owed to the city by the owner of the derelict vehicle and the owner of the property from which it was removed, jointly and severally, and may be recovered by the city as a debt in a civil proceeding.

Protection from liability

426(5)      The city is not liable for damages for anything done by it under this section if it satisfies the court that it had reasonable cause to believe that the vehicle in respect of which the action was taken was in fact a derelict vehicle.

UNLICENSED VEHICLES

Operation of unlicensed vehicles

427         The council may pass by-laws, not inconsistent with The Highway Traffic Act or The Off-Road Vehicles Act, respecting the operation within the city of motorized vehicles not required to be registered under those Acts, including

(a) prescribing the periods of the day, and of the year, during which the vehicles are not to be operated;

(b) prescribing areas in which the vehicles shall not be operated;

(c) prohibiting operators of the vehicles from allowing them to make excessive noise; and

(d) imposing penalties for contravention of the by-law.

KEEPING OF BICYCLES

Keeping of bicycles

428         The council may pass by-laws for licensing and regulating the keeping of bicycles, other than new bicycles kept for sale.

MOSQUITO CONTROL

Mosquito control

429(1)      The city may carry out any work that it considers necessary within the city, or within a distance of 15 miles of the city, to suppress mosquitoes, flies and other insects.

Work in other municipalities

429(2)      Work that is done by the city under subsection (1) within another municipality may be done only with the consent of the council of the other municipality.

Power to assist other municipalities

429(3)      The city may donate money to a municipality situated wholly or partly within an area 15 miles from the city to assist in defraying the cost of mosquito control carried out by that municipality, and such a municipality is authorized to carry out mosquito control work or donate sums to the city for that purpose.

Eavestroughs and drain pipes

429(4)      The council may pass bylaws requiring owners and occupiers of land to keep eavestroughs and drain pipes free of leaves, rubbish and other obstructions in order to prevent the retention of stagnant water.

Keeping of rainwater

429(5)      The council may pass by-laws for the prevention of mosquito breeding, including by-laws prohibiting or regulating the keeping of receptacles capable of holding rainwater out of doors.

DUTCH ELM DISEASE

Control of Dutch Elm Disease

430(1)      The council may, and when required under The Dutch Elm Disease Act shall, pass by-laws

(a) instituting or respecting the city's participation in programs and measures designed to control and eliminate Dutch Elm Disease, including programs and measures relating to the quarantine, destruction and chemical and other treatment of trees infected or suspected of being infected with Dutch Elm Disease;

(b) authorizing agreements to be made between the city and the government or between the city, the government and one or more municipalities, respecting steps to be taken by the parties to the agreement to further programs and measures of the type described in clause (a).

Apportionment of costs

430(2)      An agreement made under clause (1)(b) may provide that the costs to implement the agreement are to be apportioned between the parties.

BUILDING AND STREET NUMBERS AND NAMES

Numbered buildings

431         The city may authorize and regulate the numbering of buildings along streets and may require the owners and occupiers of the buildings to affix, and keep affixed, numbers on the buildings.

Record of streets and building numbers

432         The city shall keep for public inspection a record of all streets, showing the numbers of the buildings on them, the names and numbers of all multiple dwellings and business blocks, and divisions of the streets with the numbers allotted to each division.

Names of buildings

432.1       The council may pass by-laws prohibiting multiple dwellings and business blocks from having identical names or names that are so similar that they are likely to be confusing or misleading.

CENSUS

Census

432.2       The council may pass a by-law for the taking of a census of the residents of all or any part of the city.

FOOD AND FUEL IN EMERGENCIES

Food and fuel in emergencies

432.3(1)    The council may, if it is satisfied that extraordinary measures should be taken to provide food or fuel for the residents of the city, authorize the purchase of any quantities of food and fuel and hold them in reserve or sell them to the residents of the city in the manner, in the quantities, and on the terms and conditions that the council considers just.

Storage facilities

432.3(2)    For the purpose of subsection (1), the city may buy, lease or otherwise acquire any land, buildings or equipment necessary to store, handle, deliver or otherwise deal with the food or fuel.

34          The following is added after section 515:

Responsibility for boulevards

515.1(1)    Subject to subsection (2), the city is responsible for maintaining the boulevards in the city.

By-law requiring owner to maintain

515.1(2)    The council may, by by-law, require owners, agents of owners and occupiers of land to maintain boulevards that abut or flank the land.

Charge where owner neglects

515.1(3)    If an owner, agent of an owner or occupier does not comply with a by-law under subsection (2) to the satisfaction of the city, the city may maintain the boulevard and charge the cost of doing so against the affected land as taxes due and owing in respect of that land and recover the cost as such.

Boulevards that benefit the city

515.1(4)    A by-law under subsection (2) may designate boulevards or portions of boulevards that benefit the city at large and for which the city is responsible for maintaining.

Removal of snow and obstructions

515.2       The council may pass by-laws

(a) requiring owners, agents of owners and occupiers of land to remove snow, ice, dirt and other obstructions from sidewalks and streets adjoining the land;

(b) providing that if the owner, agent of the owner or occupier fails to comply with a by-law under this section to the satisfaction of the city, that the city may remove snow, ice, dirt and other obstructions from the sidewalks and streets at the expense of the owner or occupier and, in case of non-payment, charge the expense against the affected land as taxes due and owing in respect of that land and recover the cost as such;

(c) providing for snow, ice, dirt and other obstructions to be removed from the sidewalks and streets of the city, or in any area of the city, and for charging the expense of doing so as a special assessment against the land in the area according to the frontage of the land, to be recovered in the same way as other municipal rates.

35          Section 530 is repealed.

36          Subsection 591(1) is amended in the part preceding clause (a) by striking out "section 630" and substituting "subsection 629(1)".

Consequential amendments, C.C.S.M. c. M225

37(1)       The Municipal Act is amended by this section.

37(2)       The following is added after section 456:

Application to Winnipeg

456.1       This Division applies to all municipalities including The City of Winnipeg.

37(3)       Section 777 is repealed.

Coming into force

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