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The Municipal Amendment Act

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

S.M. 1994, c. 18

The Municipal Amendment Act

(Assented to July 5, 1994)

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

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

1           The Municipal Act is amended by this Act.

2           Subsection 140(2) of the French version is amended by striking out "ceut" and substituting "ceux".

3           The subdivision heading preceding section 239 of the French version is amended by striking out "I" and substituting "VI".

4           Section 273 of the French version is amended by adding "routier" after "transport"

(a) in subsection (5), wherever it occurs; and

(b) in clause (6)(e).

5           The division heading preceding section 287 of the French version is amended by striking out "DIVISION" and substituting "SECTION".

6           The subdivision heading preceding section 409 of the French version is amended by striking out "D'UNE" and substituting "DE LA".

7           The heading preceding section 468 of the French version is amended by striking out "II" and substituting "VII".

8           Subsection 490(1) of the English version is amended by striking out "or" at the end of clause (c.1).

9           The section heading for subsection 530(4) of the French version is amended by striking out "l'odre" and substituting "l'ordre".

10          Section 565 of the French version is amended by striking out "lietenant-gouverneur" and substituting "lieutenant-gouverneur".

11          The subdivision heading preceding section 743 of the French version is amended by striking out "Sous-section I" and substituting "Sous-section II".

12          Subsection 765(1) of the French version is amended by adding "et" after "établissements d'affaires".

13          The following is added after section 795:

Notice of tax arrears to purchaser

795.1(1)    Where taxes levied by a municipality in any year upon oil, natural gas or salt production equipment remain unpaid after December 31 of that year, the municipality may cause to be served, upon any person who purchases oil or natural gas originating in a well with respect to which the equipment is being used, a notice containing the information set out in subsection (4).

Copy of notice to be served on owner

795.1(2)    Where a municipality causes to be served a notice under subsection (1), it shall also cause to be served a copy of the notice upon the owner or operator of the well.

Method of service

795.1(3)    A notice under subsection (1) and a copy of a notice under subsection (2) may be served by registered or certified mail.

Contents of notice

795.1(4)    A notice under subsection (1) shall

(a) identify the well with respect to which the equipment subject to tax is being used;

(b) specify the amount of the unpaid taxes; and

(c) state the name and address of the owner or operator of the well.

Purchaser to pay municipality

795.1(5)    From the time of service of a notice upon a purchaser under subsection (1), the purchaser shall remit to the municipality any money owing on purchases of oil or natural gas from the purchaser to the owner or operator of the well identified in the notice, up to the amount of the unpaid taxes, as it becomes due and payable.

Payment to municipality deemed payment to owner

795.1(6)    Payment by a purchaser to a municipality under subsection (5) is deemed to be, as between the purchaser and the owner or operator of the well, for all purposes, payment of or on account of any purchase price of oil or natural gas due and owing from the purchaser to the owner or operator.

Recovery of payment due

795.1(7)    Any money payable by a purchaser of oil or natural gas to a municipality under this section is a debt due and owing from the purchaser to the municipality and is recoverable in a court of competent jurisdiction.

Other remedies saved

795.1(8)    The remedy provided in this section for the recovery of unpaid taxes is in addition to and not in substitution for any other remedy available under the law for the recovery of the unpaid taxes.

14          Section 798 of the English version is amended in clause (d) of the definition "institutional lands" by striking out "college, or other educational institution" and substituting "a college or another educational institution".

15          Subsection 859(3) of the French version is amended by striking out "régistres" and substituting "registres".

Coming into force

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