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The City of Winnipeg Amendment Act (2)

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

S.M. 1995, c. 20

The City of Winnipeg Amendment Act (2)

(Assented to November 3, 1995)

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 heading preceding section 418 is amended by striking out "RELATED" and substituting "OTHER".

3           Subsection 418(1) is amended by adding the following after clause (i):

(j) prohibiting or regulating the sale, display or offering for sale, possession or transportation of guns or firearms other than guns or firearms that are prohibited weapons or restricted weapons for the purposes of Part III of the Criminal Code (Canada).

4            Section 474 is amended by renumbering it as subsection 474(1) and by adding the following as subsections 474(2) and (3):

By-law re grants and tax credits

474(2)     The council may by by-law establish a program of grants or tax credits to encourage and assist in the renovation of buildings listed in a by-law under subsection (1).

Contents of by-law

474(3)      A by-law under subsection (2) may, without limiting the generality of that subsection,

(a) specify the taxes against which there may be a tax credit;

(b) determine the types of renovations and costs associated with renovations that are eligible for a grant or tax credit;

(c) impose terms and conditions on the entitlement to a tax credit or grant;

(d) provide for the amount, or means of determining the amount, of a grant or tax credit;

(e) establish a maximum annual grant or tax credit for each building;

(f) fix the period of time during which a tax credit may be applied to taxes or a grant may be paid;

(g) make provision for any other matter that council considers necessary or advisable.

5           The definition "variance" in subsection 574(1) is amended by adding "or (5)" after "subsection 608(4)".

6(1)        Clause 581(1)(b) is amended by striking out "amendment" and substituting "conditions".

6(2)        Subsection 581(3) is amended

(a) by striking out "subject to amendment" and substituting "subject to conditions" ; and

(b) by striking out "make any amendment requested by the minister" and substituting ", if it complies with any conditions on the approval".

6(3)        Subsection 581(5) is amended by striking out ", or approves it subject to amendment, council may make any amendment requested by the minister," and substituting "or approves it subject to conditions, council may, if it complies with any conditions on the approval,".

7           Subsection 607(1) is repealed and the following is substituted:

By-law on review and disposition of applications

607(1)      Council may by by-law provide for

(a) the review by a designated city employee of applications for orders of variance to determine if an application is the proper application in relation to the applicant's proposed undertaking;

(b) the rejection by a designated city employee of applications that are determined not to be proper;

(c) an appeal of a rejection to a committee of council;

(d) the referral of applications for orders of variance that are determined to be proper to a designated city administrator or the board of adjustment.

8(1)        Subsection 608(2) is amended by adding "or (5)" after "subsection (4)".

8(2)        Subsection 608(3) is amended

(a) in the English version by repealing the section heading and substituting "Representation before setting conditions"; and

(b) by striking out everything after "subsection (2)" and substituting "without giving the applicant a reasonable opportunity to make representations respecting the variance."

8(3)        The following is added after subsection 608(4):

Variance permitting substantially similar use

608(5)      If the designated city administrator or board of adjustment determines that the use of the property for which application is made is prohibited by the development by-law but would, if a variance order were granted, be substantially similar to the use of the property permitted under the development by-law, an order of variance of the use of the property may be granted for a period specified in the order.

By-law re authority to terminate variances

608.1(1)    Council may by by-law authorize a designated city administrator to terminate orders of variance under subsection (2).

Termination of variance

608.1(2)    Notwithstanding anything in this Act,  the designated city administrator may terminate an order of variance with the written consent of every person who is an owner as defined in The Real Property Act in respect of which the order of variance was granted.

9           Section 609 is amended by adding "unless pursuant to a by-law under section 609.1 the application is rejected"  after "board of adjustment".

10          The following is added after section 609:

By-law on review and disposition of applications

609.1        Council may by by-law provide for

(a) the review by a designated city employee of applications for a conditional use or to amend an approved conditional use to determine if the application is the proper application in relation to the applicant's proposed undertaking;

(b) the rejection by a designated city employee of applications that are determined not to be proper;

(c) an appeal of a rejection to a committee of council.

11          The following is added after section 612 and before the heading "SUBDIVISION OF LAND":

By-law re authority to terminate conditional uses

612.1(1)    Council may by by-law authorize a designated city administrator to terminate approved conditional uses under subsection (2).

Termination of conditional use

612.1(2)    Notwithstanding anything in this Act,  the designated city administrator may terminate an approved conditional use with the written consent of every person who is an owner as defined in The Real Property Act of the property in respect of which the conditional use was approved.

12(1)       Subsection 618(1) is amended by striking out "which" and substituting "unless pursuant to a by-law under subsection 618(1.1) the application is rejected, and the committee of council".

12(2)       The following is added after subsection 618(1):

By-law on review and disposition of application

618(1.1)    Council may by by-law provide for

(a) the review by a designated city employee of applications for approval of subdivision to determine if the application is the proper application in relation to the applicant's proposed undertaking;

(b) the rejection by a designated city employee of applications that are determined not to be proper;

(c) an appeal of a rejection to a committee of council.

13           Subsection 629(2) is amended by adding "without a public hearing" after"may be refused".

14          The following is added after section 630:

By-law re review and disposition of certain applications

630.1       Council may by by-law provide for

(a) the review by a designated city employee of applications for a development by-law or approval of a plan of subdivision to determine if the application conforms with Plan Winnipeg and any secondary plan for the area in which the land or building is located;

(b) the rejection by a designated city employee of applications that are determined not to conform;

(c) an appeal of a rejection of an application to a committee of council.

15          Subsection 641(1) is amended by adding the following after clause (f):

(g) an application for a consent.

16          Subsection 643(3) is repealed  and the following is substituted:

Notice of decision by designated city administrator

643(3)      A designated city administrator who makes a decision that is subject to appeal under this Part shall, in addition to the notice requirements set out in a by-law passed under clause 628(1)(e),  give notice as soon as practicable of the decision and of the right to appeal the decision to the committee of council designated by by-law

(a) to the applicant by mail in accordance with a by-law passed under section 628; and

(b) to the owners of land adjoining the property in respect of which the variance is granted by posting in accordance with a by-law passed under clause 628(1)(d)

(i) in the case of variance of a side yard, if the variance exceeds 5% of the requirement set out in the development by-law or 0.3 metres, whichever is greater, or

(ii) in any other case, if the variance exceeds 5% of the requirement set out in the development by-law.

Section 624.1 to remain in force

17          Notwithstanding section 23 of The City of Winnipeg Amendment Act, S.M. 1991-92, c. 15, section 624.1 (buildings spanning water courses) remains in force until the day section 9 of The City of Winnipeg Amendment Act (3), S.M. 1992, c. 37 is proclaimed.

Coming into force

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