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The City of Winnipeg Amendment and Consequential Amendments Act

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If you need an official copy, contact Statutory Publications.

S.M. 1996, c. 48

THE CITY OF WINNIPEG AMENDMENT AND CONSEQUENTIAL AMENDMENTS ACT


 

(Assented to November 19, 1996)

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2         Subsection 43(2) is repealed.

3         Subsection 387(2) is amended by striking out "362 or 363" and substituting "362, 363 or 392.1".

4         The following is added after section 392 and before Part 11:

LOCAL IMPROVEMENT DISTRICTS

Definitions

392.1(1)  In this section

"committee of council" means the executive policy committee, a standing committee, a community committee or any other committee of the council designated by by-law under clause (2)(b); (« comité du conseil »)

"district improvements by-law" means a by-law under clause (2)(a); (« arrêté d'amélioration de district »)

"district proposal" means a written proposal to establish a local improvement district and undertake one or more local improvements in the district; (« projet de district »)

"local improvement", in relation to a local improvement district, means a work or service for the benefit of lands within the district that is intended to be paid for by special assessments against all the lands within the district; (« amélioration locale »)

"owner", in relation to any land, means the person whose name appears on the latest revised assessment roll or the current tax roll as the owner of the land. (« propriétaire »)

By-laws

392.1(2)  The council may by by-law

(a) approve a district proposal, thereby

(i) establishing a local improvement district,

(ii) authorizing the undertaking of one or more local improvements in and for the district and approving the estimated cost of those improvements, and

(iii) approving a method of taxation to pay for the improvements;

(b) designate a committee of the council to conduct one or more public hearings under this section;

(c) establish the procedures for giving notice of and conducting public hearings under this section;

(d) after implementing a local improvement, establish the rate of taxation to pay for the improvement, using the method of taxation approved under subclause (a)(iii), and authorize the tax to be levied accordingly.

Methods of taxation

392.1(3)  For the purposes of subclause (2)(a)(iii), the council may approve different methods of taxation for different local improvements within the same district and different methods of taxation for similar improvements in different districts, but the method and rate of taxation for any local improvement shall be uniform for all the lands within the same district.

Entire cost to be paid by local improvement levies

392.1(4)  The council shall not pass a district improvements by-law unless the taxation provided for in the by-law is calculated to generate enough revenue to pay the entire cost of the proposed local improvements other than, where work in connection with a proposed improvement is to be carried out outside the district, the portion of the cost of that work that is attributable to lands outside the district.

Initiation of district proposal

392.1(5)  A district proposal may be initiated

(a) by the council; or

(b) by way of a petition to the council that

(i) includes all of the information required to be included in a district proposal, and

(ii) is signed by the owners of lands within the proposed local improvement district having a total area greater than 50% of the total area of all lands within the district.

Contents of district proposal

392.1(6)  A district proposal shall set out or describe

(a) the boundaries of the proposed local improvement district;

(b) each proposed local improvement;

(c) the estimated cost of each proposed local improvement, including, where work is to be carried out as part of the improvement outside the boundaries of the district for the benefit of lands within the district, the portion of the cost of the work that is attributable to the district;

(d) the lands against which the taxes to pay for the improvements are to be levied; and

(e) the method and estimated rate of taxation to be used in calculating the proposed local improvement levy and the number of years in which it is to be imposed.

Referral to committee for hearing

392.1(7)  Each district proposal, whether initiated by the council or by a petition under subsection (5), shall be referred to a committee of council to conduct a public hearing and provide its advice and recommendations to the council, and the committee shall give notice of and conduct the hearing as required by by-law under clause (2)(c).

Action of council after hearing

392.1(8)  After considering the advice and recommendations of the committee of council, the council may

(a) decide not to proceed with the district proposal; or

(b) give first reading to a district improvements by-law to approve the proposal, in whole or in part, with or without changes to any of the matters set out in the proposal.

Notice of proposed by-law

392.1(9)  After a district improvements by-law is given first reading and at least 30 days before it is given second reading, the city clerk shall

(a) publish a notice of the proposed by-law in at least one newspaper having general circulation in the city; and

(b) by registered mail, send a notice of the proposed by-law to each owner of land within the proposed district.

Contents of notice

392.1(10) A notice under subsection (9) shall

(a) include a copy or summary of the district proposal with any amendments that were made under subsection (8); and

(b) set out

(i) the owner's right to object to the proposal,

(ii) how to obtain a form of notice of objection, and

(iii) the date by which a notice of objection must be filed, which shall be at least 30 days after the day the notice under subsection (9) is published or sent.

Objection

392.1(11) An owner may object to a district proposal by completing and filing a notice of objection with the city treasurer on or before the date specified in the notice under subsection (9).

Contents of notice of objection

392.1(12) A notice of objection under subsection (11) shall be in a form approved by the city treasurer and shall

(a) state the name and address of the owner making the objection;

(b) identify the district proposal in respect of which the objection is made; and

(c) identify the lands in the proposed district in respect of which the person is an owner.

Sufficient objections

392.1(13) If owners of land within a proposed local improvement district having a total area greater than 50% of the total area of all lands within the district object under subsection (11) to the district proposal, the council shall not approve or proceed with the proposal and shall not approve or proceed with a similar proposal for a period of two years after the date of the notice under subsection (9).

Sufficiency of petition or objection

392.1(14) The sufficiency of a petition under subsection (5) or of objections made under subsection (11) shall be determined by the city treasurer, whose determination is final.

City as owner

392.1(15) In determining the sufficiency of a petition or of objections, if the city owns land within a proposed local improvement district, the city shall be regarded as an owner who is entitled to petition for or object against the establishment of the district, but has refrained from doing so.

Non-application

392.1(16) Sections 344, 345, subsection 346(1), sections 362 to 365, 370 to  376, 378 and 380 do not apply to the creation of a local improvement district, the undertaking of local improvements under this section or the levying of taxes to pay for the improvements, and the cost of a local improvement under this section shall not be taken into account in determining the rate or method of taxation in respect of any other local improvement under this Part.

Application of other provisions

392.1(17) Except as otherwise provided in subsection (16), the other provisions of this Part apply, with necessary modifications, to local improvements under this section.

5         Section 409 is repealed.

6         Subsection 577(1) is repealed and the following is substituted:

Periodic review

577(1)     Council shall review and, by by-law, re-adopt or replace Plan Winnipeg

(a) as and when required to do so by an order made under section 578; and

(b) at least once within five years after each re-adoption or replacement of Plan Winnipeg, subject to such extension of time as the minister allows.

7         Subsections 579(1) and (2) are repealed.

CONSEQUENTIAL AMENDMENTS

C.C.S.M. c. C60 amended

8(1)      The Charities Endorsement Act is amended by this section.

8(2)      The definition "authorized" in subsection 1(1) is amended by striking out everything after "authorized in writing" and substituting "by the mayor or reeve of a municipality or any other person or body appointed for the purpose by the council of the municipality".

8(3)      Subsection 2(5) is repealed.

C.C.S.M. c. P280 amended

9         Section 106 of The Public Utilities Board Act is amended by striking out "Save as in this Act otherwise provided" and substituting "Except as otherwise provided in this Act and in section 548 of The City of Winnipeg Act".

Coming into force

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