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The Municipal and Various Acts Amendment Act

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

S.M. 1996, c. 58

THE MUNICIPAL AND VARIOUS ACTS AMENDMENT ACT


 

(Assented to November 19, 1996)

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

PART 1

DEFINITIONS AND MUNICIPAL PURPOSES

DEFINITIONS

Definitions

1(1)      In this Act,

"assessment" means an assessment prepared under The Municipal Assessment Act for the purpose of municipal taxation of property; (« évaluation »)

"assessment roll" means an assessment roll as defined in The Municipal Assessment Act; (« rôle d'évaluation »)

"borrowing" means a borrowing as defined in section 172; (« emprunt »)

"business" means

(a) a commercial, merchandising or industrial activity or undertaking,

(b) a profession, trade, occupation, calling or employment, or

(c) an activity providing goods or services,

whether or not carried on continuously or on an intermittent or one time basis and whether or not for profit, and however organized or formed, and includes a co-operative and an association of persons; (« entreprise »)

"by-election" means an election to fill a vacancy on a council other than at a general election; (« élection partielle »)

"capital property" means property that

(a) is used in the production or supply of goods and services or is used for a municipal purpose,

(b) has a useful life extending beyond 12 months and is intended to be used on a continuing basis, and

(c) is not intended for sale in the ordinary course of operations; (« immobilisations »)

"chief administrative officer" means a person appointed as a chief administrative officer under subsection 125(1); (« directeur général »)

"council" means the council of a municipality; (« conseil »)

"council committee" means a committee, or other body established by a council under subsection 148(2), and includes the committee of a local urban district; (« comité du conseil »)

"council meeting" means a regular meeting or special meeting of a council, but does not include a public hearing held by a council; (« réunion du conseil »)

"court" means the Court of Queen's Bench; (« tribunal »)

"designated officer" means a person appointed to a position established under section 130; (« cadre désigné »)

"elector" means an elector as defined in The Local Authorities Election Act; (« électeur »)

"general election" means an election held in a municipality under section 86 (general election of council every three years); (« élections générales »)

"improvement" means an improvement as defined in The Municipal Assessment Act; (« amélioration »)

"land" means land as defined in The Municipal Assessment Act; (« bien-fonds »)

"local authority" means

(a) a planning district established under The Planning Act,

(b) a school district or school division established under The Public Schools Act,

(c) a conservation district established under The Conservation Districts Act,

(d) a health and social services district board established under The District Health and Social Services Act,

(e) the governing board of a hospital district established under The Health Services Act,

(f) a community development corporation incorporated under Part XXI of The Corporations Act, or

(g) a body designated as a local authority by regulation made by the minister under clause 7(a); (« autorité locale »)

"local improvement" means a local improvement under Division 4 of Part 10; (« amélioration locale »)

"local urban district" means a local urban district established under section 46 or Division 5 (Local Urban Districts) of Part 3; (« district urbain local »)

"members" means, when referring to a council, the councillors and the head of council; (« conseillers »)

"minister" means the member of the Executive Council who is charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

"municipal participation corporation" means a corporation or entity in which all the members or shareholders are municipalities and which is controlled by the municipalities; (« corporation à participation municipale »)

"municipal purposes" means the purposes set out in section 3; (« fins municipales »)

"municipal record" means any kind of recorded information that is created or received by, or in the custody or control of, a municipality, regardless of physical form or characteristics, and includes

(a) information recorded on paper, photographic film, microfilm, sound or video tape or disk, and in a computer system,

(b) a copy of the record, and

(c) a part of the record; (« document municipal »)

"municipal road" means a municipal road as defined in section 285; (« chemin municipal »)

"municipality" means a municipality that is continued or formed under this Act; (« municipalité »)

"non-profit organization" means

(a) a corporation that is prohibited from paying dividends to its members and distributing the assets to its members on a winding-up, or

(b) any other entity established under a law of Manitoba or Canada for a purpose other than to make a profit,

but does not include a credit union, caisse populaire or co-operative established under a law of Manitoba or Canada; (« organisme sans but lucratif »)

"real property" means real property as defined in The Municipal Assessment Act; (« biens réels »)

"requisition" means an amount that a municipality is required to levy and collect on behalf of another entity; (« réquisition »)

"resident" means, other than in Division 4 (Municipal Assistance) of Part 9, a person whose ordinary place of residence is within the municipality; (« résident »)

"tax arrears" means tax arrears as defined in section 339; (« arriéré de taxes »)

"taxpayer" means a person liable to pay a tax imposed by a municipality; (« contribuable »)

"The Municipal Board" means The Municipal Board established under The Municipal Board Act; (« Commission municipale »)

"youth member" means a person appointed by a council under section 81. (« jeune conseiller »)

Meaning of "must" and "shall"

1(2)      Whenever this Act provides that a thing "shall" be done or "must" be done, the obligation is imperative.

References to population

1(3)      A reference in this Act to the population of a municipality or other area means the population of the municipality or area as shown by the most recent census taken and available under the Statistics Act (Canada).

Indian Reserves excluded

2         Despite any Act of the Legislature,

(a) land within an Indian Reserve is not part of the area of any municipality;

(b) persons residing within an Indian Reserve are not residents of any municipality; and

(c) any description of the boundaries of a municipality or the area within a municipality is deemed to provide that land within an Indian Reserve is excluded from the municipality.

MUNICIPAL PURPOSES

Municipal purposes

3         The purposes of a municipality are

(a) to provide good government;

(b) to provide services, facilities or other things that, in the opinion of the council of the municipality, are necessary or desirable for all or a part of the municipality; and

(c) to develop and maintain safe and viable communities.

End of Part 1

PART 2

FORMATION, FUNDAMENTAL CHANGES AND DISSOLUTION

DIVISION 1

TYPES OF MUNICIPALITIES

Types of municipalities that may be formed

4(1)      The following types of municipalities may be formed under this Part:

(a) an urban municipality;

(b) a rural municipality.

Urban municipality

4(2)      An urban municipality may be formed for an area with at least 1,000 residents and a population density of at least 400 residents per square kilometre.

Rural municipality

4(3)      A rural municipality may be formed for an area with at least 1,000 residents and a population density of less than 400 residents per square kilometre.

Exception for amalgamation of municipalities

4(4)      A municipality may be formed by the amalgamation of two or more municipalities even though the municipality formed may have a population of less than 1,000 residents.

DIVISION 2

MUNICIPALITIES OUTSIDE THE BOUNDARIES OF WINNIPEG

SUBDIVISION 1

GENERAL

Definitions

5(1)      In this Division,

"contiguous" in the case of land means that the land

(a)  forms a continuous and unbroken piece, or

(b) is comprised of two or more parcels or areas that would form a continuous and unbroken piece of land but for their being separated by

(i) a public road allowance,

(ii) a railway right-of-way,

(iii) a transmission or distribution line right-of-way for a power, telephone or gas utility, or

(iv) a municipal road or highway; (« contigu »)

"unorganized territory" means that part of Northern Manitoba as defined in The Northern Affairs Act in respect of which the Minister of Northern Affairs has the powers, rights and privileges that a municipality has within its boundaries under subsection 6(1) of The Northern Affairs Act. (« territoire non organisé »)

Application of Division to Winnipeg and to land in Winnipeg

5(2)      This Division does not apply to land within the boundaries of The City of Winnipeg, but for the purposes of this Division The City of Winnipeg is deemed to be a municipality in relation to land outside the boundaries of The City of Winnipeg to the following extent:

(a) the council of The City of Winnipeg may initiate a proposal and make application under this Division to annex land outside the boundaries of The City of Winnipeg and annexation regulations may be made in relation to the proposal and application;

(b) The City of Winnipeg is entitled to receive notice of a proposal that affects it and to participate in proceedings arising from the proposal;

(c) regulations annexing land from a municipality to The City of Winnipeg may be made under section 48.

Application of Division to unorganized territory

6(1)      This Division applies to unorganized territory and to the Minister of Northern Affairs to the extent described in this section.

Formation and annexation proposals

6(2)      Land in unorganized territory is deemed to be in a municipality for the purpose of a proposal, application or regulation under this Division for

(a) the formation of a municipality from unorganized territory; or

(b) the annexation by a municipality of land in unorganized territory.

Minister of Northern Affairs as a municipality

6(3)      The Minister of Northern Affairs is a municipality in relation to a proposal or application that may have the result of including land that was formerly in a municipality in unorganized territory.

Regulations by minister

7         The minister may by regulation

(a) designate bodies as local authorities for the purpose of clause (g) of the definition "local authority" in subsection 1(1); and

(b) establish principles, standards or criteria to be taken into account in considering the formation, dissolution, change of name or amalgamation of municipalities or the annexation of land from municipalities under this Division.

No proposal or application for non-contiguous municipality

8(1)      A proposal that would result in including in a municipality land that is not contiguous to the rest of the municipality must not be initiated or continued and an application that would have that result must not be considered by The Municipal Board.

Only one proposal or application permitted

8(2)      A person must not be the proponent or applicant of more than one proposal or application concerning the same land at the same time, but a person may make a proposal or application in the alternative for the amalgamation of municipalities or for annexation from a municipality of land that is included in an amalgamation proposal or application.

SUBDIVISION 2

FORMATION AND DISSOLUTION

Application

9         This Subdivision does not apply

(a) to the formation of a municipality by amalgamation; or

(b) to the dissolution of a municipality as a result of annexation.

PROPOSALS

Proponents

10(1)     A proposal to form or dissolve a municipality may be initiated by

(a) the minister;

(b) the council of a municipality; or

(c) at least 30% of the persons

(i) who would be electors of the municipality proposed to be formed, or

(ii) who are electors of the municipality proposed to be dissolved.

Formation proposal for unorganized territory

10(2)     Despite clause (1)(a), a proposal to form a municipality from unorganized territory must be initiated jointly by the minister and the Minister of Northern Affairs.

Initiating a proposal

10(3)     A proponent may initiate a proposal to form or dissolve a municipality by filing a written proposal with The Municipal Board.

Proposal by electors

10(4)     A proposal by persons who would be electors of the municipality proposed to be formed or who are electors of the municipality proposed to be dissolved must be accompanied by a sufficient petition.

Sufficiency of petition

11(1)     A petition is sufficient if it complies with this section.

Information about each petitioner

11(2)     A petition must include the following:

(a) in printed form, the surname and given name or initials of each petitioner;

(b) each petitioner's signature;

(c) the date on which each petitioner signs the petition;

(d) the address of each petitioner's residence;

(e) in the case of a petition to form a municipality, a statement that each petitioner is eligible to be an elector of the proposed municipality;

(f) in the case of a petition to dissolve a municipality, a statement that each petitioner is an elector of the municipality.

Manner of witnessing signature on a petition

11(3)     Each signature on the petition must be witnessed by an adult person who must

(a) sign opposite the signature of the petitioner; and

(b) make a statutory declaration that to the best of the witness's knowledge the signature witnessed is that of a person eligible to sign the petition.

Number of petitioners required

11(4)     A petition must be signed by not less than the 30% of the persons

(a) who would be electors of the municipality proposed to be formed; or

(b) who are electors of the municipality proposed to be dissolved.

Counting the number of petitioners

11(5)     In determining whether the required number of persons have signed the petition, a person's name is not to be counted if

(a) the information required under subsection (2) about the petitioner is not provided or the information, other than the signature, is not legible and cannot easily be determined by the secretary of The Municipal Board;

(b) the person's signature is not witnessed, or the witness has not made the statutory declaration required under clause (3)(b); or

(c) the person signed the petition more than 90 days before the petition was filed under subsection 10(3) or more than 150 days before the petition was re-filed with The Municipal Board under subsection (10).

Representative of petitioners

11(6)      The petition must have attached to it a signed statement of the individual named as the representative of the petitioners under clause 12(e) that he or she is so named and and that any inquiry or notice respecting the petition may be directed to the individual at an address that is set out in the statement.

Filing of petition

11(7)     A petition must be filed with the secretary of The Municipal Board.

Secretary to determine sufficiency of petition

11(8)     The secretary must determine the sufficiency of the petition not later than 30 days after it is filed.

Process where petition is not sufficient

11(9)      If in the opinion of the secretary a filed petition is not sufficient, the secretary must within the time set out in subsection (8) give written notice of the manner in which the petition is not sufficient to the representative named in the petition under subsection (6).

Re-filing of petition

11(10)    The petition may be re-filed, with or without changes, with the secretary within 30 days after notice is given under subsection (9), and subsections (2) to (8) apply to the re-filed petition.

No change in petition after filing or re-filing

11(11)    No name may be added to or removed from a petition after it is filed under subsection (7) or re-filed under subsection (10), except an addition or removal made after a notice is given under subsection (9) and before the petition is re-filed.

Content of proposal

12        A proposal must include

(a) a statement that the proposal is

(i) to form a municipality with the status, name and boundaries set out, or

(ii) to dissolve a specified municipality;

(b) the reasons for the proposal;

(c) the name of each municipality and local authority that could be affected by the formation or dissolution of the proposed municipality;

(d) a description of a process for consulting about the proposal with

(i) local authorities that could be affected by the formation or dissolution of the municipality, and

(ii) the public; and

(e) the name of the representative of the petitioning electors if the proposal is initiated by persons who would be electors of the municipality proposed to be formed or who are electors of the municipality proposed to be dissolved.

Notice when minister is proponent

13(1)     When the minister is the proponent, he or she must without delay give a copy of the proposal to every municipality and local authority that could be affected by it.

Notice when council is proponent

13(2)     When the council of a municipality is the proponent, it must without delay give a copy of the proposal to

(a) the minister; and

(b) every other municipality and every local authority that could be affected by it.

Notice when electors are proponents

13(3)     When a proposal is initiated by persons who would be electors of the municipality proposed to be formed or are electors of the municipality proposed to be dissolved, the representative of the persons must without delay give a copy of the proposal to

(a) the minister; and

(b) every municipality and local authority that could be affected by it.

REPORT BY PROPONENT

Application of section

14(1)     This section does not apply to a proposal to form a municipality made by the council of the municipality in which all the land to be included in the proposed municipality is located.

Negotiations and consultations

14(2)     Without delay after the proposal is filed with The Municipal Board and copies of the proposal are given under section 13, the proponent must

(a) meet with affected municipalities to discuss the proposal and to negotiate it in good faith; and

(b) consult about the proposal with local authorities and the public in a manner that substantially accords with the process for consultation set out in the proposal.

Report on negotiations and consultations

14(3)     Without delay after concluding the negotiations and consultations, the proponent must prepare a report that describes the results of the negotiations and consultations and that includes

(a) a description of the negotiations undertaken and a summary of the views expressed;

(b) a description of matters agreed on and those not agreed on by the proponent and affected municipalities;

(c) a description of the consultations undertaken and a summary of the views expressed;

(d) a statement of the content of the original proposal and particulars of any amendments to the proposal made in the report and the reasons for them;

(e) a list of studies prepared by or for the proponent respecting the proposal and a summary of their findings; and

(f) a statement as to whether the proponent intends to proceed with the proposal at all or as initiated or in an amended form.

Report to Municipal Board

14(4)     The proponent must without delay file with The Municipal Board the report and a copy of each study prepared by or for the proponent.

Consultations and report when no negotiations

15        A municipality that initiates a proposal for the formation of a municipality from land all of which is located in the proponent municipality must without delay

(a) consult about the proposal with local authorities and the public in a manner that substantially accords with the process for consultation set out in the proposal;

(b) prepare a report that includes the matters described in clauses 14(3)(c) to (f); and

(c) file with The Municipal Board the report and a copy of each study prepared by or for the proponent.

Notice and public availability of report

16(1)     The proponent must without delay

(a) give a copy of the report filed with The Municipal Board under subsection 14(4) or clause 15(c) to every person to whom the proponent was required to give a copy of a proposal under section 13; and

(b) when requested by any person,

(i) make a copy of the report or any study prepared by or for the proponent available for inspection by the person, and

(ii) provide a copy of the report or study to the person on payment of an amount not exceeding the charge for copies of documents under Division 2 (Access to Information) of Part 9 or make a copy available for copying by the person.

Response when report inaccurate

16(2)     Within 30 days after the report is submitted to The Municipal Board, any person who believes that the report does not accurately or completely satisfy the requirements of subsection 14(3) or clause 15(b), as the case may be, may file with the Board a response to the report, setting out the areas of the report that the person alleges to be inaccurate or insufficient and particulars of those matters.

Giving copies of response

16(3)     The person must without delay after filing the response

(a)  give a copy of the response to the proponent and any person to whom the proponent was required to give a copy of the proposal under section 13; and

(b) make a copy of the response available for inspection and copying by any person who requests it.

When report or consultation insufficient

17        If The Municipal Board determines

(a) that the report

(i) does not accurately or sufficiently meet the requirements of subsection 14(3) or clause 15(b), as the case may be, or

(ii) is inadequate in form; or

(b) that the consultation about the proposal was not sufficient in the circumstances,

it may require the proponent to remedy the deficiency in the report or consultation.

Notice when report not to be considered

18        When

(a) a proponent indicates in the report that he or she does not wish to proceed with the formation of the municipality; and

(b) The Municipal Board decides not to consider the application;

The Municipal Board must without delay give notice to the proponent, every person to whom the proponent was required to give a copy of the proposal under section 13 and anyone else the Board considers should be notified.

CONSIDERATION BY MUNICIPAL BOARD

Report to be application

19        If the proponent indicates in the report that he or she wishes to proceed with the formation or dissolution of the municipality, the report becomes the proponent's application to The Municipal Board for formation or dissolution of the municipality.

Procedure on general agreement

20(1)     If the proponent wishes the formation or dissolution to proceed and The Municipal Board is satisfied that there is general agreement among the persons to whom the proponent is required to give a copy of the proposal under section 13 and the public, the Board must notify those persons, the public and anyone else the Board considers should be notified, that

(a) there appears to be general agreement with the proposal; and

(b) unless an objection is filed with The Municipal Board by a specified date by

(i) a person to whom the proponent is required to give a copy of the proposal under section 13, or

(ii) at least 25 persons who would be electors if the municipality were formed or who are electors of the municipality proposed to be dissolved,

the Board will make its recommendation to the minister without holding a public hearing.

When no objection

20(2)     The Municipal Board is not required to hold a hearing unless an objection is filed by the date specified in the notice by a person referred to in subclause (1)(b)(i) or at least the number of persons referred to in subclause (1)(b)(ii).

When hearing required

21(1)     The Municipal Board must hold a hearing if

(a) the Board is satisfied that there is general agreement with the application but an objection is filed with it within the specified time by

(i) a person to whom the proponent is required to give a copy of the proposal under section 13, or

(ii) at least 25 persons who would be electors if the municipality were formed or who are electors of the municipality proposed to be dissolved; or

(b) the Board is not satisfied that there is general agreement with the application by persons to whom the proponent is required to give a copy of the proposal under section 13.

When hearing may be held

21(2)     The Municipal Board may hold a hearing even though the proponent does not wish the formation or dissolution to proceed and may make any order it considers necessary as to the nature of the application and the conduct of the matter before the Board.

Notice and conduct of hearing

22(1)     When The Municipal Board is to hold a hearing, the Board must

(a) notify the proponent, all persons to whom the proponent is required to give a copy of the proposal under section 13, anyone who filed an objection and anyone else the Board considers should be notified, as to why the Board will hold a hearing; and

(b) hold a hearing to consider the application and allow any affected person to appear before the Board at a hearing.

Notice of hearing

22(2)     The Municipal Board must give notice of the day, time and place of the hearing in accordance with The Municipal Board Act.

Duties and powers in making decision

23(1)     In deciding whether to recommend a formation or dissolution application, The Municipal Board

(a) must consider the application in relation to the principles, standards and criteria established under clause 7(b) on the formation or dissolution of municipalities;

(b) must consider the evidence and submissions made at any public hearing the Board holds;

(c) may investigate, analyse and make findings of fact about the formation or dissolution and its potential effect on each affected municipality and local authority and on the residents and property owners of the municipality proposed to be formed or dissolved;

(d) may

(i) in the case of a formation application, consider the viability, including the financial viability, of

(A) the proposed municipality operating as a separate entity, and

(B) any remaining part of a municipality continuing to operate as a separate entity, and

(ii) in the case of a dissolution application, consider the viability, including the financial viability, of the municipality continuing to operate as a municipality;

(e) may request a person, municipality, local authority or the minister to conduct such studies and seek such advice to support their position as the Board considers appropriate;

(f) may require an affected municipality or may request the minister to hold a vote of those persons who would be electors of the municipality proposed to be formed or are electors of the municipality proposed to be dissolved and may consider its results; and

(g) may do any other thing that the Board considers advisable.

Failure to conduct study

23(2)     Despite anything in this Division, The Municipal Board may decline to consider the position of a person, municipality or local authority that fails to comply with a request under clause (1)(e).

Vote held by municipality

23(3)     If a municipality holds a vote, the vote must be held in accordance with The Local Authorities Election Act as modified by the directions given by The Municipal Board.

Vote held by minister

23(4)     If the minister holds a vote, the vote must be held in accordance with The Local Authorities Election Act as modified by the directions of the minister.

Regulations Act does not apply

23(5)     The Regulations Act does not apply to a direction under subsection (4).

REPORT OF MUNICIPAL BOARD

Report by Municipal Board

24(1)     The Municipal Board must prepare a written report of its findings, its recommendations and the reasons for the recommendations and send the report to the minister.

Content of report

24(2)     A report by The Municipal Board to the minister

(a) must include a summary of the matters considered or actions taken under subsection 23(1);

(b) must make a recommendation as to whether the proposed municipality should be formed or the municipality should be dissolved and the reasons for the recommendation;

(c) if the Board recommends the formation of the proposed municipality, must set out

(i) the status of the proposed municipality as an urban or rural municipality, its name and a description of its boundaries, and

(ii) any terms, conditions and other things the Board considers necessary or desirable to implement the formation.

Notice of report

24(3)     The Municipal Board must without delay

(a) give a copy of its report to the proponent and any person to whom the proponent is required to give a copy of the proposal under section 13;

(b) notify every affected municipality that it must make a copy of the report available for inspection at the municipal office on request; and

(c) notify each person who filed an objection to, or who in writing indicated support for, the application that a copy of the report is available for inspection on request at the municipal office of every affected municipality.

Availability of report

24(4)     An affected municipality must make a copy of the report available for inspection at its municipal office for a reasonable period after receipt of the notice.

Copy of report to be provided on payment of fee

24(5)     The chief administrative officer must provide a copy of the report to a person who pays any fee set for the report by the council.

Fee

24(6)     The fee must not exceed a comparable fee payable under The Freedom of Information Act.

Referral of report by minister

25        The minister must refer a report of The Municipal Board to the Lieutenant Governor in Council.

Reference to Municipal Board

26        If the minister has referred a report of The Municipal Board to the Lieutenant Governor in Council, the Lieutenant Governor in Council, whether or not it has made a regulation in relation to the report, may

(a) refer any matter relating to the formation or dissolution of the municipality to The Municipal Board for its consideration and recommendations; and

(b) request the Board to make recommendations on any other matter that the Lieutenant Governor in Council considers relevant.

Notice when no regulation is made

27        If no formation or dissolution regulation is to be made in relation to a report of The Municipal Board, the minister must notify

(a) the proponent and every affected municipality and local authority; and

(b) each person who filed with the Board a document indicating support for or objection to the application.

No further proposals for one year

28        A person, other than the minister, who initiates a proposal to form or dissolve a municipality may not initiate another proposal with respect to substantially the same land for a period of one year

(a) from the date a regulation is made in relation to the proposal; or

(b) from the date of the last notice under section 27.

FORMATION AND DISSOLUTION REGULATIONS

Validity of formation or dissolution regulation

29        A formation or dissolution regulation is not invalid by reason only that it

(a) varies or does not give effect to a recommendation or is not recommended in a report; or

(b) varies or does not give effect to one or more of the other terms, conditions or things in the report.

Formation regulation

30(1)     The Lieutenant Governor in Council may form a municipality by regulation.

Requirements of regulation

30(2)     A formation regulation must

(a) describe the boundaries of the municipality to be formed;

(b) give the municipality the status of an urban municipality or a rural municipality;

(c) in the case of a rural municipality, give it the name of "The Rural Municipality of [insert name]";

(d) in the case of an urban municipality, give it the name of "The City of [insert name]", "The Town of [insert name]","The Village of [insert name]" or "The Urban Municipality of [insert name]"; and

(e) state the number of members of the council.

Limitation on naming cities

30(3)     No regulation may name an urban municipality as a city unless it has a population of at least 7,500 residents.

Additional regulation-making powers

30(4)     A formation regulation may

(a) establish wards and describe their boundaries;

(b) appoint an official administrator or chief administrative officer until the first council is sworn into office; and

(c) subject to any conditions the Lieutenant Governor in Council considers appropriate, permit the council of a municipality from which a municipality is formed or the official administrator or chief administrative officer to exercise all of the powers of the council of the municipality.

Repeal of regulation under clause (2)(e) or (4)(a)

30(5)     Unless a provision of a regulation made under clause (2)(e) or (4)(a) specifies that it is repealed on an earlier day, any provision of a regulation made under clause (2)(e) or (4)(a) is deemed to be repealed on the day the council of the municipality passes a by-law under section 79 (number of councillors) or section 87 (election on basis of wards).

Dissolution regulation

31(1)     The Lieutenant Governor in Council may dissolve a municipality by regulation.

Requirements of regulation

31(2)     A dissolution regulation may

(a) direct that all or part of the land in the dissolved municipality becomes part of another municipality; and

(b) provide for the winding up of the municipality.

SUBDIVISION 3

PROCEDURE FOR CHANGE OF NAME

Change of name regulation

32        The Lieutenant Governor in Council may, on the request of the council of a municipality and on the recommendation of the minister, change the name of the municipality by amending the regulation forming the municipality.

Effect of name change

33(1)     The change of a name of a municipality does not affect any obligation, right, action or property of the municipality.

Use of former name

33(2)     The use of the former name of the municipality in any proceedings, agreements, notices or documents after the name is changed does not affect their validity.

SUBDIVISION 4

AMALGAMATION AND ANNEXATION PROPOSALS

Proponents

34(1)     A proposal to amalgamate two or more municipalities or for the annexation by a municipality of land from another municipality may be initiated by

(a) the minister; or

(b) the council of a municipality.

Initiating a proposal

34(2)     A proponent may initiate a proposal under subsection (1) by filing a written proposal with The Municipal Board.

Content of proposal

35        A proposal must include

(a) a statement that the proposal is for the amalgamation of two or more municipalities or for the annexation by a municipality of land from another municipality;

(b) the names of the municipalities proposed to be amalgamated or a description of the area of land to be annexed and the municipality in which it is located;

(c) the reasons for the proposal;

(d) the name of each municipality and local authority that could be affected by the proposed amalgamation or annexation;

(e) if a local urban district is proposed to be formed in connection with an amalgamation, a description of the area of the proposed local urban district; and

(f) a description of a process for consulting about the proposal with

(i) local authorities that could be affected by the proposed amalgamation or annexation, and

(ii) the public.

Notice when minister is proponent

36(1)      When the minister is the proponent, he or she must without delay give a copy of the proposal to every municipality and local authority that could be affected by it.

Notice when council is proponent

36(2)     When the council of a municipality is the proponent, it must without delay give a copy of the proposal to

(a) the minister; and

(b) every other municipality and every local authority that could be affected by it.

REPORT BY PROPONENT

Negotiations and consultations

37(1)     Without delay after the proposal is filed with The Municipal Board and copies of the proposal are given under section 36, the proponent must

(a) meet with affected municipalities to discuss the proposal and to negotiate it in good faith; and

(b) consult about the proposal with local authorities and the public in a manner that substantially accords with the process for consultation set out in the proposal.

Report on negotiations and consultations

37(2)     Without delay after concluding the negotiations and consultations, the proponent must prepare a report that describes the results of the negotiations and consultations and that includes

(a) a description of the negotiations undertaken and a summary of the views expressed;

(b) a description of matters agreed on and not agreed on by the proponent and affected municipalities;

(c) a description of the consultations undertaken and a summary of the views expressed;

(d) a statement of the content of the original proposal and particulars of any amendments to the proposal made in the report and the reasons for them;

(e) a list of studies prepared by or for the proponent respecting the proposal and a summary of their findings; and

(f) a statement as to whether the proponent intends to proceed with the proposal at all or as initiated or in an amended form.

Report to Municipal Board

37(3)     The proponent must without delay file with The Municipal Board the report and a copy of each study prepared by or for the proponent.

Application of sections 16 to 22

38        Sections 16 to 22 apply with such modifications as the circumstances require to a proposal for the amalgamation of two or more municipalities or to the annexation by a municipality of land in another municipality.

Duties and powers in making decision

39(1)     In deciding whether to recommend an amalgamation or annexation application, The Municipal Board

(a) must consider the application in relation to the principles, standards and criteria established under clause 7(b) on the amalgamation of municipalities or the annexation of land from municipalities;

(b) must consider the evidence and submissions made at any public hearing the Board holds;

(c) may investigate, analyse and make findings of fact about the amalgamation or annexation and its potential effect on each affected municipality and local authority and on the residents and property owners of the proposed municipality or area proposed to be annexed;

(d) in the case of an annexation, may consider the viability, including the financial viability, of the municipality from which the land is annexed continuing to operate as a separate entity;

(e) may request a person, municipality, local authority or the minister to conduct such studies and seek such advice to support their position as the Board considers appropriate;

(f) in the case of an amalgamation, may request the minister to hold a vote or may require any one or more of the municipalities that are proposed to be amalgamated to hold a vote of the persons who would be electors of the municipality proposed to be formed;

(g) in the case of an annexation, may request the minister to hold a vote or may require a municipality to hold a vote of those persons who are electors of the area of the municipality proposed to be annexed or a vote of those persons who are electors of the municipality in which the area proposed to be annexed is located;

(h) may consider the results of a vote; and

(i) may do any other thing that the Board considers advisable.

Failure to conduct study

39(2)     Despite anything in this Division, The Municipal Board may decline to consider the position of a person, municipality or local authority that fails to comply with a request under clause (1)(e).

Vote held by municipality

39(3) If a municipality holds a vote, the vote must be held in accordance with The Local Authorities Election Act as modified by the directions given by The Municipal Board.

Vote held by minister

39(4)     If the minister holds a vote, the vote must be held in accordance with The Local Authorities Election Act as modified by the directions given by the minister.

Regulations Act does not apply

39(5)      The Regulations Act does not apply to a direction under subsection (4).

REPORT OF MUNICIPAL BOARD

Report of Municipal Board

40(1)     The Municipal Board must prepare a written report of its findings, its recommendations and the reasons for the recommendations and send the report to the minister.

Content of report

40(2)     A report by The Municipal Board to the minister

(a) must include a summary of the matters considered or actions taken under section 39;

(b) must set out a recommendation as to whether the proposed municipality should be formed or the land should be annexed by the municipality and the reasons for the recommendation;

(c) if the Board recommends the formation of the proposed municipality, must set out

(i) the status of the proposed municipality as an urban or rural municipality, its name and a description of its boundaries, and

(ii) any terms, conditions and other things the Board considers necessary or desirable to implement the formation; and

(d) if the Board recommends the annexation of land from the municipality, must set out

(i) a description of the land, and

(ii) any terms, conditions and other things the Board considers necessary or desirable to implement the annexation.

Notice of report

40(3)     The Municipal Board must without delay

(a) give a copy of its report to the proponent and any person to whom the proponent is required to give a copy of the proposal under section 36;

(b) notify every affected municipality that it must make a copy of the report available for inspection at the municipal office on request; and

(c) notify each person who filed an objection to, or who in writing indicated support for, the application that a copy of the report is available for inspection on request at the municipal office of every affected municipality.

Availability of report

40(4)     An affected municipality must make a copy of the report available for inspection at its municipal office for a reasonable period after receipt of the notice.

Copy of report to be provided on payment of fee

40(5)     The chief administrative officer must provide a copy of the report to a person who pays any fee set for the report by the council.

Fee

40(6)     The fee must not exceed a comparable fee payable under The Freedom of Information Act.

Referral of report by minister

41        The minister must refer a report of The Municipal Board to the Lieutenant Governor in Council.

Reference to Municipal Board

42        If the minister has referred a report to the Lieutenant Governor in Council, the Lieutenant Governor in Council, whether or not it has made a regulation in relation to the report, may

(a) refer any matter relating to the amalgamation of municipalities or the annexation of land from a municipality to The Municipal Board for its consideration and recommendations; and

(b) request the Board to make recommendations on any other matter that the Lieutenant Governor in Council considers relevant.

Notice when no regulation is made

43        If no amalgamation or annexation regulation is made in relation to a report of The Municipal Board, the minister must notify

(a) the proponent and every affected municipality and local authority; and

(b) each person who filed with the Board a document indicating support for or objection to the application.

No further proposals for one year

44        A person, other than the minister, who initiates a proposal to amalgamate municipalities or to annex land from a municipality must not initiate another proposal with respect to substantially the same land for a period of one year

(a) from the date a regulation is made in relation to proposal; or

(b) from the date the last notice under section 43 is given.

AMALGAMATION AND ANNEXATION REGULATIONS

Validity of amalgamation or annexation regulation

45        An amalgamation or annexation regulation is not invalid by reason only that it

(a) varies or does not give effect to a recommendation or is not recommended in a report; or

(b) varies or does not give effect to one or more of the other terms, conditions or things in the report.

Amalgamation regulation

46(1)     The Lieutenant Governor in Council may by regulation amalgamate municipalities to form a new municipality.

Requirements of regulation

46(2)     A regulation to amalgamate municipalities may

(a) dissolve one or more of the councils of the municipalities that are amalgamated;

(b) provide for an interim council;

(c) deal with any of the matters referred to in section 30;

(d) if the amalgamated municipality is a rural municipality, form a local urban district in the municipality and deal with any of the matters referred to in sections 64 and 69 (formation of local urban districts).

Annexation regulation

47        The Lieutenant Governor in Council, on the recommendation of the minister, may by regulation annex land from a municipality to another municipality.

Minor annexation

48        Despite any provision of this Act, the Lieutenant Governor in Council may by regulation annex land from a municipality to another municipality if the minister believes that

(a) the proposed annexation is of a minor nature; and

(b) there is no dispute about the proposed annexation.

Requirements of annexation regulation

49        A regulation to annex land from a municipality to another municipality may

(a) dissolve a municipality as a result of the annexation;

(b) deal with any of the matters referred to in sections 30 and 31.

SUBDIVISION 5

GENERAL PROVISIONS RELATING TO REGULATIONS

Effect of certain regulations

50(1)     When a regulation under this Division has the effect of including or placing an area of land that was in one municipality (in this section called the "old municipality") in another municipality (in this section called the "new municipality") as a result of formation, dissolution, amalgamation or annexation then, unless the regulation otherwise provides,

(a) the new municipality becomes the successor of the old municipality respecting that land and the old municipality ceases to have any jurisdiction respecting that land;

(b) the assets, liabilities, rights and obligations of the old municipality that relate to that land pass to the new municipality and cease to be those of the old municipality;

(c) if at the time when the proposal is initiated under section 10 (formation or dissolution) or 34 (amalgamation or annexation) or after the proposal but before a regulation in relation to it is made, any land or any portion of it is designated or required to be provided as a public reserve under The Planning Act, the ownership of the land becomes vested in the new municipality in place of the old municipality; and

(d) by-laws and resolutions of the old municipality continue to apply to the new municipality until repealed or others are made in their place by the new municipality.

When public reserve sold

50(2)     If the land referred to in clause (1)(c) is sold or money instead of land is received by the old municipality after the proposal is initiated under section 10 (formation or dissolution) or 34 (amalgamation or annexation) or after the proposal but before a regulation is made is received, the proceeds of the sale or the money received must be paid to the new municipality.

Use of proceeds or money

50(3)     The new municipality may use the proceeds of the sale or the money received only for a purpose for which the old municipality could have used it.

Powers of minister

50(4)     The minister may

(a) authorize the council of the new municipality to impose an additional tax under Part 10 (Powers of Taxation) on the land to meet obligations under a borrowing made by the old municipality in respect of that land;

(b) make any provision necessary to protect any rights that any person has in relation to the land; or

(c) direct the transfer of assets and liabilities from one municipality to another.

Power to transfer land and other property

51        When a regulation or direction under this Division requires the ownership of land or other property to be transferred to a municipality, the minister may do whatever is necessary to give effect to subsection 50(1) or a direction under clause 50(4)(c).

Transitional and other matters

52(1)     A regulation for formation, dissolution, change of name, amalgamation or annexation may, in relation to any municipality affected by the regulation, contain provisions dealing with one or more of the following:

(a) assessment and taxation;

(b) property;

(c) employees;

(d) any matter required to properly deal with the formation, dissolution, change of name, amalgamation or annexation, whether transitional or otherwise;

(e) the application, addition, change or substitution of an Act of the Legislature or any regulation under an Act of the Legislature to give effect to the regulation.

Extent of regulation-making under subsection (1)

52(2)     The provisions referred to in subsection (1) may deal with rights, obligations, liabilities, assets and any other thing that the Lieutenant Governor in Council considers is appropriate to be dealt with in the regulation.

Amendment or repeal of regulation

52(3)     The Lieutenant Governor in Council may amend or repeal a provision referred to in subsection (1) that is contained in a formation, dissolution, change of name, amalgamation or annexation regulation without having to comply with the requirements for passing the original regulation.

Retroactivity and coming into force

53(1)     A regulation of the Lieutenant Governor in Council under this Division may provide

(a) for the retroactive application of the regulation or any of its provisions; and

(b) that the regulation or any of its provisions come into force on different dates.

Limit on retroactivity

53(2)     A regulation or any of its provisions may be made retroactive only to a date in the year immediately before the calendar year in which the regulation is made.

Correction of errors in regulations

53(3)     An error in any regulation made under this Division may be corrected by subsequent regulation, and the correcting regulation may be made effective as of the date of the original regulation or on some other later date that is specified in the regulation.

DIVISION 3

LOCAL URBAN DISTRICTS: FORMATION, FUNDAMENTAL CHANGES AND DISSOLUTION

Interpretation of sufficient petition

54        In this Division, a sufficient petition means a sufficient petition within the meaning of Division 3 of Part 5.

Application to the Local Urban District of Ninette

55        In the case of the Local Urban District of Ninette, in any provision of this Division relating to the amendment of the regulation forming it or to initiating, or making a regulation for, its dissolution, a reference to

(a) "municipality" is to be read as a reference to the "municipalities of Strathcona and Riverside"; and

(b) "council of a municipality" is to be read as a reference to the "the councils of the municipalities of Strathcona and Riverside".

Requirements to form local urban district

56        A local urban district may be formed for a locality in a municipality if the locality

(a) has at least 250 residents and a population density of at least 400 residents per square kilometre or such other density as the minister may in a specific case consider sufficient for the type and level of services to be provided in the local urban district;

(b) is wholly within the boundary of a rural municipality; and

(c) is contiguous with the rest of the locality and there is no area within the boundary of the local urban district that is not part of it.

Initiating a petition

57(1)     A majority of the electors of a locality in a rural municipality may initiate the formation of a local urban district by submitting to the council of the municipality a sufficient petition to form a local urban district.

Content of petition

57(2)     A petition to form a local urban district

(a) must include a description of the area and the name of the proposed local urban district; and

(b) may include a proposed effective date for the formation.

Direct negotiations

58        Without delay after a sufficient petition is submitted, the council of the municipality must meet with the representative of the petitioners to discuss the petition and to negotiate it in good faith.

Procedure on agreement

59        If the council of the municipality and the representative of the petitioners agree on the description of the area and the name of the proposed local urban district, the council must submit to the minister a request to form the local urban district.

Procedure when no agreement

60(1)     If the council of the municipality and the representative of the petitioners do not agree on the description of the area and the name of the proposed local urban district, the council or the representative may refer the formation petition to The Municipal Board for its recommendation.

Municipal Board

60(2)     The Municipal Board must consider a petition to form a local urban district referred to it and must make a recommendation to the minister.

Referral of request or recommendation to L.G. in C.

61        The minister must refer the request of a municipality to form a local urban district or a recommendation of The Municipal Board in relation to the formation of a local urban district to the Lieutenant Governor in Council.

Notice when no regulation is made

62        If a regulation forming a local urban district is not made in relation to a request by the council of a municipality or a recommendation of The Municipal Board,

(a) the minister must without delay notify the council and the representative of the electors named in the petition; and

(b) the electors must not initiate a petition to form a local urban district that includes substantially the same land as that described in the petition for a period of one year from the date of the notice under clause (a).

Validity of regulation

63        A formation regulation is not invalid by reason only that it varies or does not give effect to a request or recommendation or is not requested or recommended.

Formation regulation

64(1)     The Lieutenant Governor in Council may make a regulation forming a local urban district.

Requirements of regulation

64(2)     A formation regulation must state the name of the district and describe its area.

Initiating amendment

65(1)     A committee of a local urban district may initiate an amendment to a formation regulation by submitting a request setting out the amendment to the council of the municipality in which the local urban district is located.

Amending formation regulation

65(2)     Sections 58 to 61, clause 62(a) and sections 63 and 64 apply with necessary modifications to the amendment of a formation regulation.

Amendment of boundaries only once a year

65(3)     The boundaries of a local urban district must not be amended more than once a year.

Initiating a dissolution of local urban district

66(1)     The dissolution of a local urban district may be initiated

(a) by a sufficient petition of 2/3 of the electors of the district submitted to the council of the municipality in which the local urban district is located; or

(b) by a request to the minister from the council of the municipality in which the local urban district is located if in two consecutive general elections, there are not at least two persons nominated as members of the committee of the local urban district.

Referral of petition to minister

66(2)     The council of the municipality that receives a petition under clause (1)(a) must submit the petition to the minister.

Referral of petition or request to L.G. in C.

66(3)     The minister must refer a petition or request to dissolve a local urban district to the Lieutenant Governor in Council.

Dissolution regulation

67(1)     The Lieutenant Governor in Council may make a regulation dissolving a local urban district.

Limitation on forming local urban district again

67(2)     A local urban district that is dissolved may not be reformed for a period of six years.

Notice when no regulation made

68        If a regulation dissolving a local urban district is not made in relation to a petition or request, the minister must without delay notify the council and the representative of the petitioners, in the case of a petition, and the council, in the case of a request.

Transitional and other matters

69        A regulation forming a local urban district, a regulation amending a formation regulation or a regulation dissolving a local urban district may contain a provision dealing with one or more of the following:

(a) any matter required to properly deal with the formation, amendment or dissolution of the local urban district, whether transitional or otherwise;

(b) the application, addition, change or substitution of a provision of this Act or any regulation under this Act.

DIVISION 4

FORMATION OF RURAL MUNICIPALITIES AND ANNEXATION OF LAND FROM THE CITY OF WINNIPEG

Application of Division

70        This Division applies to

(a)  the formation of a rural municipality from land in The City of Winnipeg; and

(b) the annexation of land within the boundaries of The City of Winnipeg by a municipality.

Study required before making regulation

71        The Lieutenant Governor in Council must not make a regulation for the formation of a rural municipality from the land in The City of Winnipeg or for the annexation of land within the boundaries of The City of Winnipeg by a municipality unless a study of the impact of the proposed formation or the proposed annexation is conducted and made public.

Boundary alteration referred to Municipal Board

72        When the Lieutenant Governor is of the opinion that it may be advisable to alter the area or boundaries of the city

(a) by forming a rural municipality from land within the city; or

(b) by the annexation of land within the boundaries of Winnipeg by a municipality;

the Lieutenant Governor in Council may refer the matter to The Municipal Board for its consideration and recommendations and may request the Board to consider and make special recommendations on matters that the Lieutenant Governor in Council considers relevant to the proposed alteration.

Vote may be held

73(1)     The Lieutenant Governor in Council may direct the Minister of Urban Affairs to hold any vote that the Lieutenant Governor in Council considers appropriate about the formation of a rural municipality from land in The City of Winnipeg or about the annexation of land within the boundaries of The City of Winnipeg by a municipality.

Application of The Local Authorities Election Act

73(2)     A vote directed by the Lieutenant Governor in Council must be held in accordance with The Local Authorities Election Act as modified by the directions given by the Lieutenant Governor in Council.

Regulations Act does not apply

73(3)     The Regulations Act does not apply to a direction under subsection (2).

Application of Division 2 to formation regulations

74(1)     Section 30 (formation regulations) and Subdivision 5 (General Provisions Relating to Regulations) of Division 2 apply with necessary modifications to the formation of a rural municipality from land within the boundaries of The City of Winnipeg.

Interpretation

74(2)     The powers of the minister under Subdivision 5 (General Provisions Relating to Regulations) of Division 2 are to be read as powers of the Lieutenant Governor in Council.

Initiating an annexation

75(1)     The council of a municipality may request the annexation of land from The City of Winnipeg by making a request to the minister that describes the area of land to be annexed.

Annexation regulation

75(2)     The Lieutenant Governor in Council may make an annexation regulation with or without a request from the council of a municipality.

Application of Division 2 to annexation regulations

75(3)     Section 49 (annexation regulations) and Subdivision 5 (General Provisions Relating to Regulations) of Division 2 apply with necessary modifications to the annexation by a municipality of land within the boundaries of The City of Winnipeg.

Interpretation

75(4)     The powers of the minister under Subdivision 5 (General Provisions Relating to Regulations) of Division 2 are to be read as powers of the Lieutenant Governor in Council.

Minor annexation

76        Despite any provision of this Act or The City of Winnipeg Act, the Lieutenant Governor in Council may by regulation annex land from The City of Winnipeg to a municipality if the minister believes that

(a) the proposed annexation is of a minor nature; and

(b) there is no dispute about the proposed annexation.

End of Part 2

PART 3

COUNCILS

DIVISION 1

GENERAL

Council is governing body

77(1)     Each municipality is governed by a council.

Council is continuing body

77(2)     A council is a continuing body.

Composition

78        A council is composed of

(a) the head of the council; and

(b) not fewer than four and not more than 10 councillors.

Number of councillors

79(1)     A council may by by-law change the number of councillors.

By-law applying to next general election

79(2)     If the by-law is passed 180 or more days before the next general election, it takes effect at the election.

By-law applying after next general election

79(3)     If the by-law is passed fewer than 180 days before the next general election, it takes effect at the second general election after the by-law is passed.

Public notice required

79(4)     The council must give public notice of the proposed by-law before third reading.

Titles of councillors and head of council

80        A councillor is to have the title "councillor" and the head of a council is to have the title "mayor", "reeve" or "head of council" as the council may designate in its organizational by-law.

Youth member

81(1)     A council may appoint a person with the title "youth member" to sit with the council and to participate in its deliberations, for a term and on conditions that the council may decide.

Qualification

81(2)     A youth member must be less than 18 years of age or enrolled as a full-time student in a school.

Youth member not counted for quorum or vote

81(3)      A youth member is not counted for the purpose of determining a quorum or deciding a vote of the council.

Council's role

82        A council is responsible

(a) for developing and evaluating the policies and programs of the municipality;

(b) for ensuring that the powers, duties and functions of the municipality are appropriately carried out; and

(c) for carrying out the powers, duties and functions expressly given to the council under this or any other Act.

General duties of members

83(1)     Each member of a council has the following duties:

(a) to consider the well-being and interests of the municipality as a whole and to bring to the council's attention anything that would promote the well-being or interests of the municipality;

(b) to participate generally in developing and evaluating the policies and programs of the municipality;

(c) to participate in meetings of the council and of council committees and other bodies to which the member is appointed by the council;

(d) to keep in confidence a matter that is discussed at a meeting closed to the public under subsection 152(3) and that the committee decides to keep confidential until the matter is discussed at a meeting of the council or of a committee conducted in public;

(e) to perform any other duty or function imposed on the member by the council or this or any other Act.

Duties of the head of council

83(2)     In addition to performing the duties of a member of a council, the head of council has a duty

(a) to preside when in attendance at a council meeting, except where the procedures by-law or this or any other Act otherwise provides;

(b) to provide leadership and direction to the council; and

(c) to perform any other duty or function assigned to a head of council by the council or by this or any other Act.

Member may discuss confidential matter with C.A.O.

84        Despite clause 83(1)(d), a member may discuss with the chief administrative officer or a designated officer a matter referred to in that clause before the matter is made public as provided in that clause.

Matters that a council may delegate

85(1)     A council may by by-law delegate any of its powers, duties or functions under a by-law or this or any other Act to the head of council, a council committee, the chief administrative officer or a designated officer, unless the by-law or Act otherwise provides.

Matters that a council may not delegate

85(2)     A council may not delegate

(a) its power or duty to pass a resolution or by-law;

(b) its power to make, suspend or revoke the appointment of a person to the position of chief administrative officer;

(c) its duty to hold a public hearing under this Act; or

(d) a duty to decide appeals imposed on it by a by-law or this or any other Act, whether generally or on a case by case basis, unless the delegation is to a council committee and authorized by by-law.

DIVISION 2

ELECTIONS

General election of council every three years

86(1)     Each municipality must hold a general election on the fourth Wednesday of October in the year 1998 and in each third year thereafter.

Conduct of general election

86(2)     A general election must be conducted in accordance with The Local Authorities Election Act.

General election in Dunnottar, Victoria Beach and Winnipeg Beach

86(3)     In respect of a general election in the Village of Dunnottar, the Rural Municipality of Victoria Beach or the Town of Winnipeg Beach,

(a) despite subsection 14(1) (completion of list of electors) of The Local Authorities Election Act, the list of electors must be completed not later than the fourth Friday in May, and the references to the first Wednesday in September in subsection 17(5) (list of electors), subsection 19(1) (notice of revision) and section 30 (return of lists to enumerator) of that Act shall be read as a reference to the first Friday in June;

(b) the returning officer must receive nominations in the seven days before the first Friday in July during the regular business hours of the municipality on the days the municipal office is normally open, at a place or places the council determines by by-law, which must include at least one place within the municipality; and

(c) despite subsection (1), the election must be held on the fourth Friday in July.

Election by whole municipality or by wards

87(1)      Every member of a council is to be elected by a vote of the electors of the whole municipality unless the council by by-law provides that the councillors are to be elected on the basis of wards.

By-law for election by wards

87(2)     If, on the day this Act comes into force, the councillors of a municipality are elected on the basis of wards, the council must pass a by-law under this section to continue elections on the basis of wards.

By-law effective for next general election

87(3)     A by-law under this section must

(a) take effect only at a general election; and

(b) be passed at least 180 days before the general election at which it is to take effect.

Public notice required

87(4)     The council must give public notice of the proposed by-law before third reading.

Content of by-law

87(5)     A by-law under this section must

(a) divide the municipality into wards and establish their boundaries; and

(b) give each ward a name or number, or both.

Criteria for division into wards

88        In dividing a municipality into wards and establishing ward boundaries, or in making a change in the number of wards or ward boundaries, a council

(a) must try to achieve an approximately equal number of residents in each ward; and

(b) may take into consideration

(i) community or diversity of interests,

(ii) topographical features,

(iii) settlement patterns, and

(iv) population trends.

Review by Municipal Board

89(1)     If requested in writing by at least 25 electors of the municipality, The Municipal Board may review a by-law that divides a municipality into wards and establishes ward boundaries or a by-law that eliminates wards or changes the number of wards or the ward boundaries.

Hearing

89(2)     The Municipal Board must hold a hearing when it conducts a review.

Power on review

89(3)     If on a review The Municipal Board is not satisfied that the by-law is appropriate, the Board may

(a) refer the by-law back to the council for further consideration; or

(b) require the council to amend the by-law as directed by the Board.

Eligibility for nomination and election

90(1)     A person is eligible to be nominated as a candidate and elected as a member of a council if the person is

(a) at least 18 years of age on the day of the election;

(b) a Canadian citizen;

(c) a resident of the province;

(d) an elector of the municipality; and

(e) not subject to any disqualification under this or any other Act.

Application to Flin Flon

90(2)     Despite clause (1)(c), a person who is a resident of the boundary area defined in The Flin Flon Extension of Boundaries Act, S.M. 1989-90, c. 73, is eligible to be nominated and elected as a member of the council of the City of Flin Flon.

Persons who are disqualified

91        The following persons are disqualified from being nominated for, being elected to, and from membership on, a council:

(a) a judge of the Court of Queen's Bench or The Court of Appeal;

(b) a provincial judge or justice of the peace;

(c) a member of the Legislative Assembly of Manitoba or the Senate or House of Commons of Canada; or

(d) subject to section 92, an employee of the municipality.

Definition

92(1)     In this section "employee" means a person employed by a municipality or by a body, all the members of which, or all the members of the board of management or board of directors of which, are appointed by the council of a municipality.

Rights of employees in elections

92(2)     An employee may

(a) subject to subsection (3), seek nomination as, and be, a candidate in a municipal, provincial or federal election and, if elected, serve; and

(b) support, speak or write on behalf of a candidate or a political party in an election, if in doing so the employee does not reveal any information or matter concerning the municipality or body by which the employee is employed, or any information that the employee procures or that comes to the employee's knowledge solely because of the employment.

Exception of chief administrative officer

92(3)     Clause (2)(a) does not apply to a chief administrative officer in respect of the municipality by which the officer is employed.

Leave of absence for municipal election

92(4)     An employee who proposes to become a candidate for election as a member of the council of the municipality by which he or she is employed may apply to the chief administrative officer, on or before the last day for the nomination of candidates, for a leave of absence for a period starting on the last day on which nomination papers may be filed and ending not later than 30 days after the day on which the results of the election are officially declared, or for any part of that period, and every such application must be granted.

Candidacy in other elections

92(5)     An employee who proposes to become a candidate for election as a member of the Legislative Assembly or the House of Commons may apply to the chief administrative officer for leave of absence for a period starting on the day on which the writ for the election is issued and ending

(a) where the employee is nominated as a candidate, not later than 30 days after the day on which the results of the election are officially declared; and

(b) where the employee is not nominated as a candidate, not earlier than the day fixed by law for the nomination of candidates in the election;

or a part of the applicable period of time, as requested by the employee; and every such application must be granted.

Nature of leave of absence

92(6)     A leave of absence granted under subsections (4) and (5) must be granted

(a) where the employee is entitled to vacation leave with pay, and the employee so requests, as vacation leave with pay until the vacation leave with pay expires and after that time as leave without pay; or

(b) as leave without pay.

Election as member of council or committee of L.U.D.

92(7)     An employee who is elected as a member of the council or the committee of a local urban district in the municipality by which the employee is employed must be placed on a leave of absence without pay for a period starting on the date of the election and ending on the earlier of

(a) the expiry of six years and one month after the day of the election; and

(b) one month after the employee ceases to be a member of the council or committee.

Election as M.L.A. or M.P.

92(8)     An employee who is elected to the Legislative Assembly or the House of Commons may apply to the municipality for a leave of absence without pay for a period starting on the day of the election and ending on the earlier of

(a) the expiry of five years and four months after the day of the election; and

(b) three months after the employee ceases for any reason to be a member of the Legislative Assembly or House of Commons;

and every such application must be granted.

Reinstatement of defeated candidate

92(9)     An employee who is granted a leave of absence under subsection (4) or (5) and who is not elected must, on application before the expiry of the leave of absence, be reinstated to the position held immediately before the date of the leave of absence.

Reinstatement of elected candidate

92(10)    An employee who is placed on or granted a leave of absence under subsection (7) or (8) may, before the expiry of the leave of absence, apply to the municipality to be reinstated and, as long as the employee is not a member of the council, the employee must, within 60 days, be reinstated to the position held immediately before the date the leave of absence is granted or to a reasonably equivalent position.

Rights during leave of absence

92(11)    Where a person is placed on or granted a leave of absence under this section,

(a) the period of service before the leave of absence begins, and the period of service after the leave of absence ends, is deemed for all purposes to be unbroken; and

(b) the period of the leave of absence, for the purpose of determining the seniority of the employee in relation to other persons in that employment, is deemed to be a period of service in the employment of the municipality.

Other benefits

92(12)    The rights of an employee to benefits to which employees are entitled during the period of a leave of absence must be determined in accordance with the terms of the collective agreement or other agreement or a policy of the municipality under which the benefits are provided, and the period of the leave of absence must be treated, for the purpose of qualification for a benefit, in accordance with the agreement or policy.

Person eligible for only one office

93(1)     Subject to subsection (3), a person is not eligible to be nominated for or elected to more than one office on a council at any one time.

Person eligible for only one council

93(2)     A person is not eligible to be nominated for or elected to an office on more than one council at any one time.

Exception for by-election to elect head of council

93(3)     Subject to subsection 104(3), a councillor may be nominated for head of council at a by-election and continue to hold the office of councillor.

When member becomes disqualified

94(1)     A member of a council is disqualified from council if he or she

(a) is absent for the full duration of three consecutive regular council meetings unless the absences are with the leave of the council, granted by a resolution passed at any of the three meetings, a prior meeting or the next meeting following the third absence;

(b) is the councillor appointed to the committee of a local urban district under clause 112(1)(a) and is absent for the full duration of three consecutive regular committee meetings unless the absences are with the leave of the committee granted by a resolution of the committee passed at any one of the three meetings, a prior meeting or the next meeting following the third absence;

(c) when nominated or elected, was not eligible as a candidate under this Act;

(d) is liable to the municipality under a judgment in an action under section 171;

(e) is convicted of an offence under this or any other Act and has not paid a fine imposed on conviction within 120 days after the fine was imposed or such time as the court has permitted for payment;

(f) is convicted of

(i) an offence punishable by imprisonment for five or more years, or

(ii) an offence under section 122 (breach of trust by public officer), 123 (municipal corruption), 124 (selling or purchasing office) or 125 (influencing or negotiating appointments or dealings in office) of the Criminal Code (Canada);

(g) ceases to be qualified as an elector; or

(h) breaches the requirement of confidentiality under clause 83(1)(d).

Eligibility at next election

94(2)     A member of a council who is disqualified under this section is eligible to be elected at the next general election in the municipality if the person is then otherwise eligible for nomination under section 90.

Eligibility after disqualification under Conflict of Interest Act

94(3)     A member of a council who is disqualified under The Municipal Council Conflict of Interest Act is eligible to be elected at the next general election in the municipality if the person is then otherwise eligible for nomination under section 90.

Disqualified person must resign

95(1)     A member of a council who is disqualified under this Act must resign immediately.

Application to court

95(2)     If the member of a council does not resign immediately upon disqualification, the court may, on application, declare the member to be disqualified and his or her position on the council to be vacant.

How application made

95(3)     An application for a declaration that alleges that the member

(a) is disqualified as of the day of the election must be made under Division II (Controverted Elections) of Part III of The Local Authorities Election Act; and

(b) is disqualified as of a date that is after the day of the election must be made in accordance with this section.

Who may apply

95(4)     An application for a declaration under this section may be made by the council or by 10 or more electors.

When application may be made

95(5)     An application under this section must be made during the member's term of office.

Powers of court on application

95(6)     After hearing an application under this section, the court may

(a) declare the member to be disqualified and the member's position on the council to be vacant; or

(b) dismiss the application.

Appeal

96(1)     The decision of a court under section 95 may be appealed to The Court of Appeal.

No stay

96(2)     A person who is declared to be disqualified under section 95 remains disqualified until the appeal is finally determined.

Reinstatement

96(3)     If, on the final determination of the appeal, the disqualification is set aside, The Court of Appeal may reinstate the person as a member of the council for any unexpired portion of the term of office for which he or she was elected and require any person who has been elected to fill the balance of that term to vacate the office.

No reinstatement if term has expired

96(4)     If, on the final determination of the appeal, the disqualification is set aside but the term of office for which the person was elected has expired, the person must not be reinstated but is eligible to be elected at the next election in the municipality if otherwise qualified.

Reimbursement of costs and expenses

97        If an application under section 95 is dismissed, the council may reimburse the person in respect of whom the application was made for any costs and expenses that the council considers reasonable, other than costs awarded to the person by the court.

Nominations for a general election

98(1)     The returning officer must receive nominations in the seven days before the first Wednesday in October, during the regular business hours of the municipality on the days that the municipal offices are normally open.

Place for nominations

98(2)     Nominations must be filed with the returning officer at the place the council by by-law determines.

Local Authorities Election Act applies

98(3)     A nomination must be made in accordance with The Local Authorities Election Act.

Term of office after general election

99(1)     The term of office of a member of a council elected at a general election starts at 12 noon on the day following the election and ends at 12 noon on the day following the next general election.

Powers of outgoing council after election day

99(2)     After a general election, the outgoing council may exercise only the powers that are required to be exercised under The Emergency Measures Act before the first meeting of the new council.

First meeting of new council after election

100       The first meeting of an incoming council after a general election must be held within 30 days after the day of the election.

Oath of office

101(1)    A person elected as a member of a council must make and file with the chief administrative officer an oath of office in the form approved by the minister, and the person may not carry out a power, duty or function as a member of the council until the oath of office is filed.

Failure to comply

101(2)    If an elected person does not, within 30 days after being elected, comply with subsection (1), the position to which the person was elected is deemed to be vacant and the person is disqualified from being nominated for, being elected to and from membership on the council until the next general election.

Vacancy in councillor position after general election

102(1)    If a councillor position is not filled at a general election, the members who are elected may fill the vacancy by appointing as councillor a person who was eligible to be nominated for the position at the election, and any person so appointed is deemed to have been elected at a by-election.

Vacancy in head of council position after general election

102(2)    If the position of head of council is not filled at a general election, the councillors who are elected may appoint one of their number as the head of council, in which case the appointed councillor is deemed to have been elected as the head of council at the election and a by-election must be held to fill the councillor position.

Vacancy after by-election

102(3)    If no person is elected at a by-election held to fill a vacancy on a council, subsections (1) and (2) apply with necessary modifications.

Appointment of administrator if no council or quorum

103       Despite section 102, if the number of members of a council is fewer than is required for a quorum or if a council resigns, the Lieutenant Governor in Council may appoint an administrator for the municipality, in which case the provisions of Division 6 (Municipalities in Financial Difficulties) of Part 6 relating to administrators apply with necessary modifications.

Resignation of member

104(1)    The resignation of a member must be in writing and given to the chief administrative officer.

Effective day of resignation

104(2)    A resignation is effective and a vacancy on the council occurs at the time the resignation is given to the chief administrative officer despite any other date set out in the resignation, and the resignation may not thereafter be revoked.

Councillor elected as head of council in by-election

104(3)    A councillor who is elected as head of council at a by-election is deemed to have resigned as a councillor upon being declared elected as the head of council.

C.A.O. to report resignation to council

104(4)    The chief administrative officer must report a resignation at the first meeting of the council after the resignation is received.

By-election to fill vacancy on council

105(1)    Subject to section 102 (vacancy after election), a council must hold a by-election to fill a vacancy on the council as soon as is reasonably possible unless

(a) the vacancy occurs in the six months before the next general election; or

(b)  the vacancy occurs in the 12 months before the next general election and the remaining members

(i)  are a majority of the number of members comprising the council, and

(ii) decide not to hold a by-election.

Appointment of head of council by councillors

105(2)    If the position of head of council becomes vacant and a by-election is not required under subsection (1), the council may appoint one of their number as the head of council.

By-election to be held on request of council

105(3)    Upon a request by a council for a by-election, the returning officer must hold a by-election in accordance with The Local Authorities Election Act.

Term of office of appointed member

106(1)    The term of office of a member of a council who is appointed by the council starts when the appointment is made and ends at 12 noon on the day following the next general election.

Term of office of member elected at by-election

106(2)    The term of office of a person who is elected at a by-election as a member of a council starts at 12 noon on the day following the by-election and ends at 12 noon on the day following the next general election.

Appointed, elected person to file oath of office

106(3)    Section 101 (oath of office) applies with necessary modifications to a person appointed by a council or elected at a by-election.

DIVISION 3

COUNCIL COMMITTEES

Composition of council committees

107(1)    A council committee, other than the committee of a local urban district, may be composed

(a) entirely of members of the council;

(b) of a combination of members and other persons; or

(c) entirely of persons who are not members of the council.

Head of council is member of all committees

107(2)    The head of council is a member of all council committees referred to in subsection (1) unless the council expressly provides otherwise in its organizational by-law.

When committee resolution binds council

108       A resolution of a council committee is not binding upon the council unless it is passed by the council as a resolution of the council.

Application of council provisions to committees

109(1)    The following provisions apply to council committees, with necessary modifications:

(a) section 133 (minutes);

(b) subsections 135(1), (2) and (4) (quorum);

(c) sections 136 and 138 (voting).

Council may exempt employee committee

109(2)    A council that establishes a committee composed entirely of municipal employees may exempt the committee from the application of subsection (1).

DIVISION 4

CONFLICT OF INTEREST

Application of Conflict of Interest Act to member of L.U.D. committee

110(1)    The Municipal Council Conflict of Interest Act, except subsections 3(1) and 7(4) (application to Winnipeg), as that Act applies to a councillor, applies with necessary modifications to a person who

(a) is a member of the committee of a local urban district; and

(b) is not a councillor.

Application of Conflict of Interest Act to member of committee other than L.U.D. committee

110(2)    The Municipal Council Conflict of Interest Act, except subsections 3(1) and 7(4) (application to Winnipeg), sections 9 to 13 (disclosure of assets) and subsection 18(2) (disqualification for failure to file statement), as that Act applies to a councillor, applies with necessary modifications to a person who

(a) is a member of a council committee other than the committee of a local urban district; and

(b) is not a councillor.

Interpretation of subsection (2)

110(3)    For greater certainty, in relation to a member of a council committee described in subsection (2), a reference in subsection 18(1) (disqualification for violation) and clause 21(2)(a) (penalty for violation) of The Municipal Council Conflict of Interest Act

(a) to a councillor's disqualification from office is to be read as a reference to the disqualification of a member of the council committee from sitting on a committee of the council; and

(b) to a councillor's seat becoming vacant is to be read as revocation of the membership of the member on the council committee.

Eligibility of elected member of L.U.D. committee after disqualification

111       An elected member of the committee of a local urban district who is disqualified under The Municipal Conflict of Interest Act is eligible to be elected at the next general election in the municipality if the person is then otherwise eligible for nomination under this Act.

DIVISION 5

LOCAL URBAN DISTRICTS

Status and membership of committee

112(1)    The committee of a local urban district is a committee of the council of the municipality in which the district is located and consists of

(a)  a councillor of the municipality appointed by the council; and

(b) not more than three members elected by the electors of the local urban district.

Status and membership of committee

112(2)    Despite subsection (1), the committee of the Local Urban District of Ninette is a committee of the councils of the Rural Municipalities of Strathcona and Riverside and consists of

(a) one councillor from each of the Rural Municipalities of Strathcona and Riverside appointed by council; and

(b) not more than three members elected by the electors of the Local Urban District.

Councillor when municipality has wards

112(3)    If the councillors of the municipality are elected from wards, the council must appoint the councillor elected for the ward in which the local urban district, or most of the local urban district, is located.

District to vote in election of committee members

113(1)    Every elected member of the committee of a local urban district is to be elected by a vote of the whole of the district.

Provisions applicable to election

113(2)    The following provisions apply with necessary modifications to the election of members of the committee of a local urban district who are to be elected:

(a) section 86 (general elections);

(b) section 90 (eligibility for nomination);

(c) section 91 (persons who are disqualified);

(d) section 92 (leave of absence);

(e) section 93 (eligibility for nomination);

(f) section 94 (disqualification);

(g) section 95 (disqualified person must resign);

(h) section 96 (appeal);

(i) section 97 (reimbursement);

(j) section 98 (nominations);

(k) section 99 (term of office):

(l) section 100 (first meeting of new council);

(m) section 101 (oath of office);

(n) subsections 102(1) (vacancy after election) and (3) (vacancy after by-election);

(o) section 104 (resignation);

(p) subsections 105(1) and (3) (by-election);

(q) subsections 106(2) (term of office of member elected at by-election) and (3) (oath of office).

Appointment when no quorum

113(3)    If the number of members of the committee of a local urban district elected is fewer than is required for a quorum, the council of the municipality in which the local urban district is located may appoint as a member of the committee a person, other than a councillor, who would be qualified to be nominated for election to the local urban district.

Committee of L.U.D. to pass procedures resolution

114(1)    The committee of a local urban district must by resolution establish rules of procedure and every committee must review the resolution at least once during its term of office.

Committee bound by procedures resolution

114(2)    The committee must govern itself in accordance with its procedures resolution.

Application of procedures by-law

114(3)    Subsection 149(3) (content of procedures by-law) applies with necessary modifications to a procedures resolution of the committee of a local urban district.

Duties of committee members

115       Subsection 83(1) (general duties of members of council) applies with necessary modifications to the members of the committee of a local urban district.

Compensation and expenses of committee members

116(1)     Subject to subsection (3), section 124 applies with necessary modifications to the committee of a local urban district and its members.

Interpretation of compensation provisions

116(2)    For greater certainty,

(a) a reference to a council acting by by-law is to be read as a reference to the committee of a local urban district acting by resolution; and

(b) a reference to a member of a council is to be read as a reference to the committee of the local urban district.

Limit on compensation and expenses

116(3)    A local urban committee must not set a rate for a type of payment that is greater than the rate set for councillors for that type of payment under section 124.

Compensation and expenses of appointed councillor

116(4)    A councillor appointed to the committee of a local urban district may accept payment under a by-law of the council under section 124 or the resolution of the committee under this section, but not both.

Responsibilities of committee

117(1)    The committee of a local urban district is responsible for

(a) preparing and adopting a service plan for the local urban district;

(b) submitting the service plan to the council before it adopts its operating and capital budgets; and

(c) the exercise of those powers delegated to it by the council of the municipality.

Restriction on delegation

117(2)    A council must not delegate to the committee of a local urban district or a member of a committee the power to enter into on behalf of, or administer, any contract of the municipality or to deliver any service on the municipality's behalf.

Definition

118(1)    In this section, "service" means

(a) the acquisition, development, upgrading or renewal of

(i) sewage collection, treatment and disposal facilities,

(ii) water supply, treatment and distribution facilities,

(iii) waste management facilities,

(iv) municipal roads,

(v) sidewalks,

(vi) street lights, or

(vii) a public park; or

(b) the maintenance and operation of anything described in clause (a).

Content of service plan

118(2)    A service plan must annually

(a) describe the proposed type and level of services to be provided in the local urban district;

(b) describe the area of the local urban district to which each of the types of service will be provided;

(c) specify that the services that are to be paid for by a tax imposed on property within the local urban district;

(d) contain an operating budget and a capital budget for the costs of the services, including the costs of the operation of the committee; and

(e) propose any local improvement or special service to be initiated in the local urban district under Division 4 (Local Improvements and Special Services) of Part 10 (Powers of Taxation).

Application of Part 6, Division 1

119(1)    Division 1 (Financial Plans) of Part 6 (Financial Administration) applies with necessary modifications to the operating and capital budgets of the committee.

Consultation with council

119(2)    Before adopting its service plan, the local urban committee must consult with the council.

Reserve fund

119(3)    When requested by the committee of a local urban district, the council must establish one or more reserve funds under section 168 into which the money received by the municipality for the purpose of the service plan or the part of that money specified in the request is to be deposited.

Administration of fund

119(4)    Despite subsection 168(2), no money may be paid out of a fund established at the request of the committee of a local urban district except

(a) in accordance with the service plan; or

(b) with the consent of the committee.

Duties of council

120(1)    The council in which a local urban district is located must

(a) consult with the local urban district before adopting its annual financial plan;

(b) adopt by resolution the service plan as submitted by the local urban committee;

(c) levy in each year against the property in the local urban district the taxes as specified in the services plan;

(d) provide the services and pay the costs of the committee by expending the revenue from the taxes referred to in clause (c) in accordance with the service plan;

(e) make a separate record of all money received and disbursed for the services covered by the plan; and

(f) on request, but not more frequently than once per month, provide to the committee a current statement of money received and disbursed in relation to the service plan for the local urban district.

When tax revenue insufficient

120(2)    If the tax revenue under the service plan is not sufficient to provide the services in accordance with the service plan, the council

(a) must notify the committee and meet with it to discuss the matter; and

(b) may, if the committee agrees, do one or more of the following

(i) cease to provide a type of service or reduce the level of a type of service, or

(ii) levy an additional tax against the property in the local urban district to raise the money in succeeding years, not to exceed three.

Excess tax revenue

120(3)    If in any year the taxes collected by a municipality under a service plan exceed its actual cost of providing the services, the municipality must

(a) place the excess in a fund that may be used only for the benefit of the properties in the local urban district in respect of which the taxes were imposed; or

(b) refund the excess to the taxpayers.

Prohibition re taxes

121       The council of a municipality in which a local urban district is situated must not levy in any year, in the district, a tax imposed in the rest of the municipality to provide a service that is already being levied for within the district.

Resolution of disputes by Municipal Board

122       If a committee and a council disagree about any matter relating to the type, level or delivery of services or the amount or sufficiency of a tax levy for services, the committee or the council may refer the matter to the minister who may request The Municipal Board to hear and determine the matter.

Regulations about Local Urban District of Ninette

123       The Lieutenant Governor in Council may in relation to the Local Urban District of Ninette, the Committee of the Local Urban District of Ninette and the Rural Municipalities of Strathcona and Riverside make any regulation that the minister considers necessary to give effect to the intention of this Part.

DIVISION 6

COMPENSATION

Definitions

124(1)    In this section,

"compensation" includes a fee, salary, wage or any other payment for labour or services, however determined; (« rémunération »)

"expense" means an expense incurred by a member of a council or council committee in attending to municipal business, and includes automobile expenses or mileage, travel expenses, living expenses, registration and tuition fees, the costs of materials for a meeting, conference or course, out-of-pocket expenditures and any other expense provided for in a by-law passed under subsection (2); (« dépenses »)

"municipal business" means a duty or function that a member of a council or council committee is required to carry out under this or any other Act or a by-law or resolution, and includes attending a meeting, conference or course of instruction that relates to municipal purposes. (« travaux de la municipalité »)

Council may set compensation and expenses

124(2)    A council may by by-law set the types, rates and conditions of payments to be made to or on behalf of members of the council and council committees, other than the committee of a local urban district,

(a) as compensation for attending to municipal business;

(b) for expenses incurred while attending to municipal business; and

(c) for any other purpose relating to municipal business that the council considers appropriate.

Member may accept payment

124(3)    A member of a council or council committee may be paid and may accept an amount paid under a by-law passed under subsection (2).

Financial statements to show payments to members

124(4)    The annual financial statements of a municipality must show the amount of compensation, expenses and any other payment made to each person who is a member of the council or a council committee in sufficient detail that the type of each payment and the total amount of payments made to or on behalf of each member can be determined.

End of Part 3

PART 4

CHIEF ADMINISTRATIVE OFFICER AND DESIGNATED OFFICERS

CHIEF ADMINISTRATIVE OFFICER

Establishment of position of C.A.O.

125(1)    Every council must establish by by-law the position of chief administrative officer and must appoint a person to the position.

Majority of number of members required

125(2)    The appointment of a person as chief administrative officer and any suspension or revocation of the appointment must be approved by a majority of the number of members comprising the council.

Council may give title other than "C.A.O."

125(3)    A council may give the position of chief administrative officer any title the council considers appropriate.

C.A.O. entitlement in certain circumstances

126       A chief administrative officer whose appointment is revoked without cause is, subject to any written agreement between the council and the officer, entitled to reasonable notice or to compensation instead of reasonable notice.

C.A.O.'s responsibilities

127(1)    The chief administrative officer

(a) is the administrative head of the municipality;

(b) is responsible for ensuring that the policies and programs of the municipality are implemented;

(c) is responsible for advising and informing the council on the operation and affairs of the municipality;

(d) except as the council may decide otherwise, is responsible for the management and supervision of the employees of the municipality;

(e) carries out the powers, duties and functions assigned to a chief administrative officer by the council or by this or any other Act; and

(f) must notify the council if money of the municipality is spent or invested contrary to a by-law or resolution or this or any other Act.

C.A.O.'s administrative duties

127(2)    The chief administrative officer must ensure that

(a)  the minutes of every council meeting are made without note or comment;

(b)  the by-laws and minutes of council meetings and all other records and books of account of the municipality are kept safe and in accordance with Division 1 (Retention and Disposition of Municipal Records) of Part 9;

(c) the revenues of the municipality are collected;

(d) money belonging to or held by the municipality is deposited in the bank, credit union, caisse populaire, or trust corporation designated by the council;

(e) the accounts for authorized expenditures of the municipality are paid;

(f) accurate records and books of account are kept of the financial affairs of the municipality; and

(g) any information requested of the municipality by the minister is provided within a reasonable time.

C.A.O. duties re council committees

127(3)    Except as the council may otherwise decide, the chief administrative officer must carry out, with necessary modifications, the duties referred to under in subsection (2) in respect of council committees.

Duty of C.A.O. if money not lawfully used

128(1)    If a chief administrative officer gives notice to the council under clause 127(1)(f) and the council does not within a reasonable time rectify the matter, the officer must give the minister written notice of the matter as soon as is reasonably possible.

Minister's powers after receiving notice

128(2)    The minister may take such action as he or she considers necessary or advisable in respect of the notice, and may charge the cost of any action to the municipality.

Delegation by C.A.O.

129       A chief administrative officer may delegate to a designated officer or other employee of the municipality a power, duty or function given to the chief administrative officer under a by-law or this or any other Act, unless the by-law or Act prohibits the delegation.

DESIGNATED OFFICERS

Establishment of designated officer positions

130       A council may by by-law establish one or more positions to carry out the powers, duties and functions of a designated officer under a by-law or this or any other Act, and may give each such position any title the council considers appropriate.

Delegation by designated officer

131       A designated officer may delegate to an employee of the municipality a power, duty or function given to the officer under a by-law or this or any other Act, unless the by-law or Act prohibits the delegation.

End of Part 4.

PART 5

PRACTICE AND PROCEDURES

DIVISION 1

COUNCILS

Council to designate municipal office

132       A council must designate a place as its municipal office.

Minutes of council meetings

133       Minutes must be made of each council meeting and signed by the person presiding at the meeting and a designated officer.

Signing agreements, cheques, instruments

134(1)    Agreements and cheques and other negotiable instruments and agreements must be signed or authorized by

(a) the head of council or any other person authorized by the council by by-law; and

(b) a designated officer.

Reproduction of signature

134(2)    A council may authorize a signature required under subsection (1) to be printed, lithographed or otherwise reproduced.

QUORUM

Quorum for council meetings

135(1)    A quorum is required for and during each council meeting.

Number of councillors required for quorum

135(2)    Subject to subsection (3), the quorum of a council is

(a) a majority of the number of members comprising the council; or

(b) if a position is vacant, a majority of the remaining members of the council.

Minimum number for quorum

135(3)    Subject to The Municipal Council Conflict of Interest Act, the minimum number for a quorum of a council is three.

When member not to be counted

135(4)    For the purpose of a quorum, a member is not counted if the member is required to abstain from voting under The Municipal Council Conflict of Interest Act.

VOTING

One vote per member

136       A member of a council has one vote each time a vote is held at a council meeting at which the member is present.

Minutes of vote on third reading of a by-law

137       The minutes of a meeting at which a council votes on the third reading of a by-law must show the name of each member present, the vote or abstention of each member, and the reason given for any abstention.

Tie vote defeats by-law or resolution

138       If an equal number of members vote for and against a resolution or by-law, the resolution or by-law is defeated.

Council reconsidering decision

139(1)    A council may not reconsider or reverse a decision within one year after it is made unless

(a) at the same meeting at which the decision is made, all the members who voted are present and agree to reconsider and vote again; or

(b) a member gives written notice to the council, from at least one regular meeting to the next regular meeting, of a proposal to review and reverse the decision.

Record of reconsideration in minutes

139(2)    A council that reconsiders and reverses a decision under clause (1)(a) may direct that the minutes show

(a) the original decision and the decision made on reconsideration; or

(b) only the decision made on reconsideration.

BY-LAWS AND RESOLUTIONS

Methods by which a council may act

140(1)    A council may act only by resolution or by-law.

Where council must act by by-law

140(2)    A council that is expressly required or authorized under a by-law or this or any other Act to do something by by-law may do it only by by-law.

Where council may act by resolution

140(3)    A council that is required or authorized under a by-law or this or any other Act to do something by resolution or to do something without specifying that it be done by by-law or resolution, may do it by resolution.

Effect of acting by by-law when resolution is sufficient

140(4)    Anything a council does by by-law that may be done by resolution is not invalid by reason of the council doing it by by-law.

Passing a resolution

141       A resolution of a council is not valid unless it is passed at a council meeting.

Proposed by-law to be given three readings

142(1)    Every proposed by-law must be given three separate readings at meetings of the council, and each reading must be put to a vote.

Limit of two readings at one meeting

142(2)    A council may not give a proposed by-law more than two readings at the same council meeting.

Text to be available before first reading

142(3)    Each member present at the meeting at which first reading is to take place must be given, or have had, the opportunity to review the full text of the proposed by-law before the by-law receives first reading.

Text to be available before third reading

142(4)    Each member present at the meeting at which third reading is to take place must, before the proposed by-law receives third reading, be given, or have had, the opportunity to review the full text of the proposed by-law and any amendment passed after first reading.

Procedure at each reading

142(5)    Only the title or an identifying number must be read at each reading of a proposed by-law.

When public hearing on by-law is to be held

143       When this or any other Act requires a council to hold a public hearing on a proposed by-law, the public hearing must be held before the by-law is given third reading.

Rescission of previous by-law readings

144       The previous readings of a proposed by-law are rescinded if the proposed by-law

(a) does not receive third reading within two years after first reading; or

(b) is defeated on second or third reading.

When a by-law is passed

145       A by-law is passed when it receives third reading and is signed by

(a) the head of council or another person authorized by the council; and

(b) a designated officer.

When a by-law comes into force

146(1)    Subject to subsections (2) and (3), a by-law comes into force on the day after the day it is passed unless a later date is specified in the by-law.

Where approval required

146(2)    If this or any other Act requires a by-law to be approved, the by-law does not come into force until the approval is given.

No retroactivity without specific authority

146(3)    No by-law may come into force on a day before it is passed unless the Act that authorizes it provides that the by-law may come into force on a day before it is passed.

Power to amend and repeal a by-law

147(1)    The power to pass a by-law under this or any other Act includes the power to amend or repeal the by-law.

Manner of repeal or amendment

147(2)    The amendment or repeal of a by-law is subject to the same requirements that apply to passing the by-law, unless this or any other Act expressly provides otherwise.

ORGANIZATION AND PROCEDURE

Council to pass an organizational by-law

148(1)    A council must establish by by-law an organizational structure for the municipality and review the by-law at least once during its term of office.

Content of organizational by-law

148(2)    An organizational by-law must provide for the following:

(a) the establishment of council committees, other than committees of local urban districts, and other bodies of the council, including their duties and functions;

(b) the appointment of a deputy head of the council to act in place of the head of council when he or she is unable to carry out the powers, duties and functions of the head; and

(c) the manner of appointment of persons to council committees and other bodies.

Council to pass procedures by-law

149(1)    A council must establish by by-law rules of procedure and review the by-law at least once during its term of office.

Council bound by procedures by-law

149(2)    The council must govern itself in accordance with its procedures by-law.

Content of procedures by-law

149(3)    The council must in its procedures by-law provide for

(a) regular meetings of the council, and the day, time and place of the meetings;

(b) the type and amount of notice to be given of regular meetings of the council;

(c) the procedure to be followed and the type and amount of notice to be given to change the day, time or place of a regular meeting of the council;

(d) rules respecting the conduct of council meetings;

(e) rules respecting public participation at council meetings;

(f) a procedure for the appointment of a member to act as head of council if the head and deputy head are unable to act or the offices are vacant;

(g) the type and amount of notice to be given of a special meeting of the council; and

(h) the time within which a special meeting of the council requested under clause 151(1)(b) must be called by the head of council and must take place.

Further content of procedures by-law

149(4)    The council may in its procedures by-law provide for such other matters as the council considers necessary or desirable, including, subject to Division 5 (Local Urban Districts) of Part 3, the conduct of meetings of council committees.

Meeting through electronic communications

150(1)    A council may conduct a meeting by means of an electronic or other communication facility if the facility enables the members to hear and speak to each other and the public to hear the members.

Participating member deemed to be present

150(2)     A member participating in a meeting conducted by means of a communication facility is deemed to be present at the meeting.

SPECIAL MEETINGS

Head of council convening special meeting

151(1)    The head of a council

(a) may call a special meeting of the council whenever he or she considers it appropriate to do so; and

(b) must call a special meeting of the council if the head receives a written request for the meeting, stating its purpose, from at least two councillors.

Notice according to procedures by-law

151(2)    Notice of a special meeting must be given in accordance with the procedures by-law.

Meeting to be called under procedures by-law

151(3)    If the head of council does not call a special meeting as requested under clause (1)(b) within the time required under the procedures by-law, the chief administrative officer must call the meeting in the manner provided in the by-law.

Effect of notice given to absent member

151(4)    A special meeting must not be held in the absence of a member unless the member has been given notice of the meeting in accordance with the procedures by-law.

Member may waive notice

151(5)    A member who waives the right to be given notice of a special meeting is deemed to have been given notice of the meeting.

Agenda at special meeting

151(6)    Only a matter stated in the notice of a special meeting may be transacted at the meeting unless all members of the council are present and unanimously agree to deal with other matters.

DIVISION 2

PUBLIC PRESENCE AT MEETINGS

Meetings to be conducted in public

152(1)    Every meeting of a council or council committee must be conducted in public.

Public's right to be present at meetings

152(2)    Everyone has a right to be present at a meeting of a council or council committee unless the person chairing the meeting expels a person for improper conduct.

When council or council committee may close meeting

152(3)    Despite subsections (1) and (2), a council or council committee may close a meeting to the public

(a) if

(i) in the case of a council, the council decides during the meeting to meet as a committee to discuss a matter, and

(ii) the decision and general nature of the matter are recorded in the minutes of the meeting; and

(b) if the matter to be discussed relates to

(i) municipal assistance,

(ii) an employee, including the employee's salary, duties and benefits and any appraisal of the employee's performance,

(iii) a matter that is in its preliminary stages and respecting which discussion in public could prejudice a municipality's ability to carry out its activities or negotiations,

(iv) the conduct of existing or anticipated legal proceedings,

(v) the conduct of an investigation under, or enforcement of, an Act or by-law,

(vi) the security of documents or premises, or

(vii) a report of the Ombudsman received by the head of the council under clause 36(1)(e) of The Ombudsman Act.

Resolution to re-open a closed meeting

152(4)    No resolution or by-law may be passed at a meeting that is closed to the public, except a resolution to re-open the meeting to the public.

DIVISION 3

PETITIONS AND PUBLIC HEARINGS

PETITIONS

Petitions must conform to this Division

153       Where a petition is required under this Act, other than in Part 2, the petition must meet the requirements of this Division before it is presented to the council.

Sufficiency of petition

154(1)    A petition is sufficient if it complies with this section.

Petition's purpose to be stated on each page

154(2)    A petition must contain a statement of purpose, and the statement must appear on every page.

Information about each petitioner

154(3)    A petition must include the following:

(a) in printed form, the surname and given name or initials of each petitioner;

(b) each petitioner's signature;

(c) the date on which each petitioner signs the petition;

(d) the address of each petitioner's residence;

(e) in the case of a petition under section 57 to form a local urban district, a statement that each petitioner is an elector, or is eligible to be an elector, of the locality;

(f) in the case of a petition under clause 66(1)(a) (dissolution of a local urban district), a statement that each petitioner is an elector of the local urban district;

(g) in the case of a petition under clause 313(c) (local improvement or special service), the address of the property in respect of which each petitioner is liable to pay the tax.

Manner of witnessing signature on a petition

154(4)    Each signature on the petition must be witnessed by an adult person who must

(a) sign opposite the signature of the petitioner; and

(b) in the case of a petition under section 57 (formation of a local urban district), clause 66(1)(a) (dissolution of a local urban district) or clause 313(c) (local improvement or special service), make a statutory declaration that to the best of the witness's knowledge the signature witnessed is that of a person eligible to sign the petition.

Number of petitioners required

154(5)    Where a minimum number of petitioners is required, a petition must be signed by at least that number of petitioners.

Petitioners for local improvement or special service

154(6)    In determining the number of petitioners required on a petition under clause 313(c),

(a) where a parcel of land or a business is owned by more than one person, only one person is counted; and

(b) a municipality, school division, school district or hospital district that is eligible to be a petitioner is not counted if it gives written notice to the chief administrative officer, not later than the day the petition is filed with the officer under section 155, that it is not to be counted.

Entity may authorize individual to sign

154(7)    A petition under clause 313(c) (local improvement or special service) may be signed on behalf of a corporation, church, organization, estate or other entity by an adult person who on request produces proof that he or she is authorized by the entity to sign the petition on its behalf.

Counting the number of petitioners

154(8)    In determining whether the required number of persons have signed the petition, a person's name is not to be counted if

(a) the information required under subsection (3) about the petitioner is not provided or the information, other than the signature, is not legible and cannot easily be determined by the chief administrative officer;

(b) the person's signature is not witnessed, or the witness has not made the statutory declaration required, under subsection (4);

(c) the petition is restricted to certain persons and the person is not one of those persons, or the person's qualifications are not set out or are incorrectly set out; or

(d) the person signed the petition more than 90 days before the petition was filed under section 155 or more than 150 days before the petition was re-filed under subsection 156(3).

Petition must name representative

154(9)    The petition must have attached to it a signed statement of an individual that

(a) the individual is the representative of the petitioners; and

(b) any inquiry or notice respecting the petition may be directed to the individual at an address that is set out in the statement.

Filing

155       A petition must be filed with the chief administrative officer.

C.A.O. to determine sufficiency of certain petitions

156(1)    In the case of a petition that is required under this or any other Act to have a minimum number of petitioners, the chief administrative officer must determine the sufficiency of the petition not later than 30 days after it is filed.

Process where petition is not sufficient

156(2)    If in the opinion of the chief administrative officer a filed petition is not sufficient, the officer must within the time set out in subsection (1) give written notice of the manner in which the petition is not sufficient to the person named in the petition under subsection 154(9) (representative's name and address).

Re-filing of petition

156(3)    The petition may be re-filed, with or without changes, with the chief administrative officer within 30 days after the notice is given, and sections 154 and 155 apply to the re-filed petition.

C.A.O. to advise council of notice given

156(4)    If a petition is not re-filed within 30 days after the day a notice is given under subsection (2), the chief administrative officer must advise the council at the first council meeting following the expiration of the 30 days that the petition was filed and the notice given.

Presentation of petition to council

157(1)    The chief administrative officer must present each petition to the council at a council meeting, with his or her opinion respecting the sufficiency of the petition,

(a) where the petition is sufficient, within 30 days after the day the petition is filed; and

(b) where the petition is not sufficient and is re-filed, within 30 days after the day the petition is re-filed.

No change in petition after presentation

157(2)    No name may be added to or removed from a petition after it is filed under section 155 or re-filed under subsection 156(3), except an addition or removal made after a notice is given under subsection 156(2) and before the petition is re-filed.

Petition is received on presentation

158       A petition is received by a council on the day it is presented to the council.

Council's consideration of petition

159       A council may disregard a petition that the council decides is not sufficient, and is not required to take action in respect of a petition unless this or any other Act requires that action be taken.

PUBLIC HEARINGS

Application

160(1)    This section applies in respect of a public hearing that a council is required under this Act to hold.

Attendance of members at public hearing

160(2)    Each member of the council must attend the public hearing unless the member

(a) is excused by the other members from attending the hearing;

(b) is unable to attend owing to illness; or

(c) is required under The Municipal Council Conflict of Interest Act to withdraw from the hearing.

Procedure at public hearing

160(3)    Subject to procedures established under subsection (5), the council must hear any person who wishes to make a presentation, ask questions or register an objection on his or her own behalf or on behalf of others.

Council may establish procedure in by-law

160(4)    A council may in its procedures by-law establish procedures for public hearings, which may include

(a) prescribing a reasonable time limit for presentations, questions or objections;

(b) providing that the council may decline to hear a presentation, question or objection where the council is satisfied that the matter has been addressed at the hearing;

(c) deciding which presenters the council will hear where it is satisfied that presentations will be the same or similar;

(d) expelling a person from a hearing for improper conduct; and

(e) adjourning a hearing from time to time.

Notice of continuation of adjourned hearing

160(5)    If a public hearing is adjourned, the council must give public notice of the date, time and place of the continuation of the hearing, unless that information is announced at the time the adjournment is announced at the hearing.

End of Part 5

PART 6

FINANCIAL ADMINISTRATION

DIVISION 1

FINANCIAL PLANS

Fiscal year is calendar year

161       The fiscal year of a municipality is the calendar year.

Council must adopt financial plan for each fiscal year

162(1)    Every council must adopt a financial plan for each fiscal year in a form approved by the minister and consisting of

(a) an operating budget;

(b) a capital budget;

(c) an estimate of operating revenue and expenditures for the following fiscal year; and

(d) a five year capital expenditure program.

Council to hold public hearing on financial plan

162(2)    Before adopting the financial plan, the council must give public notice, and hold a public hearing, in respect of the plan.

New public hearing when certain items revised

162(3)    A council may revise its financial plan after the public hearing, but public notice must be given and another public hearing conducted if the revision

(a) increases the estimated amount of a transfer referred to in clause 164(2)(a) or the estimated revenue from a tax referred to in clause 164(2)(c) (operating budget); or

(b) increases any of the amounts referred to in section 166 (capital budget).

Financial plan to be filed with minister

162(4)    A copy of the financial plan of a municipality for a fiscal year must be filed with the minister by May 15 of that year.

Council may request extension of time

162(5)    A council that is unable for any reason to file its financial plan in accordance with subsection (4) may in writing request an extension of time, and the minister may extend the time subject to any condition the minister considers necessary or advisable.

Council may adopt interim operating budget

163       A council may adopt an interim operating budget to have effect only until the council adopts the operating budget for the fiscal year.

Expenditures to be estimated in operating budget

164(1)    A council must include in its operating budget for a fiscal year the estimated amount of money required for all purposes, including amounts

(a) to provide for the council's policies and programs;

(b) to pay debt obligations in respect of any borrowings;

(c) to pay a requisition or any other amount that the municipality is required under an Act to collect;

(d) to be transferred to the capital budget or a reserve fund;

(e) to reduce or eliminate any deficiency incurred in respect of a previous fiscal year; and

(f) in respect of any uncollected tax or any debt or grant in lieu of tax that is not collectible.

Revenue and transfers to be estimated

164(2)    A council must include in its operating budget the estimated amount of money from transfers and each source of revenue, including

(a) transfers from the municipality's accumulated surplus or its reserve funds;

(b) revenue from grants and transfers from other governments;

(c) revenue from taxes, including

(i) real property tax,

(ii) business tax,

(iii) personal property tax,

(iv) special services tax, and

(v) local improvement tax; and

(d) revenue from all other sources, including fees or other charges in respect of the operation of any works, improvements, services, facilities and utilities.

Expenditures not to exceed transfers and revenue

164(3)    The council must ensure that the total amount of the estimated transfers and revenue is not less than the total amount of estimated expenditures unless, before adopting the operating budget, the council obtains the minister's written approval of the proposed budget, which may include any condition the minister considers necessary or advisable.

Utilities

164(4)    The council must ensure that the amount of estimated revenue from a utility is not less than the amount of estimated expenditures in respect of the utility unless, before adopting the operating budget, the council obtains the minister's written approval, which may include any condition the minister considers necessary or advisable, including referring the matter to The Public Utilities Board.

Transfer from accumulated surplus or reserve fund

164(5)    An operating budget or capital budget may provide for the transfer of money from an accumulated surplus or a reserve fund established for a general purpose, but the transfer of an amount that exceeds the maximum amount provided for by regulation may be made only if, before adopting the budget, the council obtains the minister's written approval, which may include any condition the minister considers necessary or advisable.

Council to obtain approval for anticipated deficiency

165       When a council determines during a fiscal year that expenditures are likely to exceed the revenue and transfers provided for in its budget, the council must immediately advise the minister in writing and may incur a deficiency with the minister's written approval, which may include any condition the minister considers necessary or advisable.

Content of capital budget

166       A council must include in its capital budget the estimates of

(a) the amount of money required to acquire, construct, remove or improve capital property;

(b) the anticipated sources and the amounts of money to pay the costs referred to in clause (a); and

(c) the amount of money to be transferred from the operating budget.

Content of capital expenditure program

167       A council must include in its five year capital expenditure program each proposed expenditure for the next five years and the source of the money required to implement the program.

Council may establish reserve funds

168(1)    A council may by by-law establish reserve funds for any general or specific purpose.

Expenditure from reserve fund with specific purpose

168(2)    A council that establishes a reserve fund for a specific purpose may provide in its operating budget or capital budget for an expenditure from the fund only for that purpose unless, before making the expenditure,

(a) the council gives public notice, and holds a public hearing, in respect of the proposed expenditure; and

(b) in the case of a reserve fund that is supplemented with the approval of The Public Utilities Board, the Board approves the proposed expenditure.

Expenditures

169(1)    A municipality may make an expenditure only if it is

(a) provided for in the council's interim operating budget, operating budget or capital budget;

(b) made in respect of a disaster or emergency declared by the council or head of council under The Emergency Measures Act;

(c)  ordered by a court or The Municipal Board to be paid; or

(d) authorized by the council under subsection (2).

Expenditure for purpose not set out in budgets

169(2)    A council may authorize the expenditure of an amount provided for in an operating budget or capital budget, other than an expenditure referred to in subsection 168(2), for a purpose other than is set out in the budget if the expenditure does not affect the total of the amounts estimated under subsection 164(1) (operating budget) and section 166 (capital budget).

Expenditure or transfer of revenue exceeding estimate

169(3)    A council may authorize expenditures from its operating budget, or transfer amounts from its operating budget to the capital budget, that are not provided for in the operating budget if the total of the expenditures and transfers does not exceed the total of

(a) the amount of revenue from grants and transfers in excess of the amount estimated under clause 164(2)(b); and

(b) the amount of revenue from sources referred to in clause 164(2)(d) in excess of the amount estimated under that clause.

Expenditure from capital budget

169(4)    A council may authorize expenditures from its capital budget that are not provided for in the capital budget if the total of the expenditures does not exceed the amounts transferred from the operating budget under subsection (3).

Employees who handle money to be bonded

170       Each municipality must ensure that every employee of the municipality who handles or could handle money of the municipality is bonded or otherwise insured for the faithful performance of duties.

Certain use of municipal money an offence

171(1)    A member of a council is guilty of an offence under this Act who

(a) spends or invests or authorizes the expenditure or investment of money of the municipality without authorization or contrary to the authorization given under a by-law or resolution or this or any other Act; or

(b) accepts, or votes in favour of paying to a person, including a member of the council, an amount not authorized by a by-law or resolution or this or any other Act, or an amount greater than is authorized.

Civil liability of the member

171(2)    In addition to any penalty imposed under subsection (1), a member of a council who is guilty of an offence under subsection (1) is liable to the municipality for the amount spent, invested or paid.

Joint and several liability

171(3)    If more than one member is liable under subsection (2), those members are jointly and severally liable to the municipality.

Municipality or elector may take action

171(4)    The liability under this section may be enforced by action by the municipality or by an elector of the municipality.

Exception of declared state of emergency

171(5)    This section does not apply to an expenditure made in respect of a disaster or emergency declared by a council or head of council under The Emergency Measures Act.

DIVISION 2

BORROWING

Definitions

172       In this Division,

"borrowing" means the borrowing of money, and includes

(a) borrowing to refinance, redeem or restructure existing debt,

(b) borrowing to pay for a local improvement under Division 4 (Local Improvements and Special Services) of Part 10,

(c) a lease of capital property with a fixed term beyond three years or a fixed term of less than three years but with a right of renewal that would, if exercised, extend the original term beyond three years,

(d) an agreement to purchase capital property that creates an interest in the capital property to secure payment of the capital property's purchase price if payment of the purchase price under the agreement exceeds three years, and

(e) issuing debentures; (« emprunt »)

"borrowing by-law" means a by-law referred to in clause 174(1)(a). (« règlement d'emprunt »)

Council may borrow for operating expenses

173(1)    A council may by resolution borrow money for operating expenses during a fiscal year, but the amount borrowed must not exceed the amount collected in taxes and grants in lieu of taxes in the previous fiscal year.

Application to borrowing

173(2)    This Division does not apply to money borrowed under subsection (1).

Borrowing must be authorized by by-law

174(1)    A municipality may make a borrowing only if

(a) the borrowing is authorized by a by-law; and

(b) subject to subsection (2), the borrowing is set out as a debt obligation in the operating budget or capital budget.

Council may exclude certain borrowing from budgets

174(2)    A council is not required to include a proposed borrowing in its operating budget or capital budget if

(a) the borrowing refinances, redeems or restructures existing borrowings; and

(b) the amount and term of the borrowing does not exceed the unpaid principal and the longest remaining term of the existing borrowing.

Content of borrowing by-law

174(3)    A borrowing by-law must set out

(a) the amount of money to be borrowed and, in general terms, the purpose for which the money is to be borrowed;

(b) the anticipated maximum rate of interest, the term and the terms of repayment of the borrowing;

(c) the source or sources of money to pay the principal and interest owing under the borrowing; and

(d) the source of any interim financing.

Repeal or amendment of borrowing by-law

175       After money is advanced under a borrowing by-law, the council may not repeal the by-law until the advance is repaid, and may not in any amendment reduce the amount authorized by the by-law to less than the amount advanced.

Every proposed borrowing to be approved by board

176       A municipality may not make a borrowing unless the council obtains the approval of The Municipal Board before third reading of the borrowing by-law.

Use of borrowed money restricted to stated purpose

177       A council must use money obtained under a borrowing only for the purpose for which the money is borrowed, as stated in the borrowing by-law.

Application of money borrowed

178       A person lending money to a municipality does not have to verify that the money is applied to the purpose for which it is borrowed.

Term of borrowing for capital property

179       The term of a borrowing for a capital property must not exceed the probable lifetime of the capital property.

DIVISION 3

LOANS

Municipality may make loans

180(1)    A municipality may lend money only if

(a) the council considers that the money loaned will be used for a purpose that will benefit the municipality;

(b) the loan is made to a non-profit organization or municipal participation corporation;

(c) the loan is authorized by by-law; and

(d) the amount of money to be loaned, together with the unpaid principal of any other loan, does not exceed the maximum amount established by the minister by regulation.

Content of by-law authorizing loan

180(2)    A by-law authorizing a loan must set out

(a) the amount of money to be loaned and, in general terms, the purpose for which it is to be used;

(b) the name of the organization or corporation to which the loan is to be made;

(c) the minimum rate of interest, the term and the terms of repayment of the loan; and

(d) the source or sources of the money to be loaned.

DIVISION 4

INVESTMENTS

Definition

181(1)    In this section, "securities" includes bonds, debentures, treasury bills, trust certificates, guaranteed investment certificates or receipts, certificates of deposit, deposit receipts, bills, notes and mortgages of real estate or leaseholds and rights or interests in respect of a security.

Authorized investments

181(2)    A municipality may invest its money only in the following:

(a) securities issued or guaranteed by

(i) the Government of Canada or an agency of the Government of Canada, or

(ii) the government of a province or an agency of the government of a province;

(b) securities the payment of which is a charge on the Consolidated Revenue Fund of the Government of Canada or a province of Canada;

(c) securities of a municipality in Canada;

(d) securities of a Canadian municipal participation corporation;

(e) securities issued or guaranteed by a bank, credit union or trust corporation;

(f) securities that are insured by the Canada Deposit Insurance Corporation Act;

(g) investments authorized by the minister by regulation; and

(h) units in pooled funds of all or any of the investments described in clauses (a) to (g).

Membership in non-profit organization

181(3)    Nothing in this section prevents a municipality from acquiring a share or membership in a non-profit organization.

DIVISION 5

ANNUAL FINANCIAL STATEMENTS AND AUDITOR'S REPORT

Definition

182       In this Division, "auditor" means a person appointed under section 184 to audit the records and books of account of a municipality for a fiscal year.

Annual financial statements

183(1)    A municipality must in each year prepare annual financial statements of the municipality for the immediately preceding year in accordance with the generally accepted accounting principles for municipal governments recommended from time to time by the Canadian Institute of Chartered Accountants and any modification of those principles or any supplementary accounting standards or principles approved by the minister.

Annual financial information returns

183(2)    A municipality must in each year prepare a financial information return respecting the financial affairs of the municipality for the immediately preceding year, in a form approved by the minister.

Council to appoint an auditor for each year

184(1)    The council of a municipality must, not later than August 31 in each year, appoint an auditor to carry out the duties of an auditor under this Act in respect of the municipality for that fiscal year.

Member or employee not to be appointed

184(2)    The council may not appoint a member of the council or an employee as auditor.

Council to inform minister of appointment

184(3)    The council must inform the minister of the name of the auditor within 40 days after the appointment.

Minister may appoint if council does not appoint

184(4)    If a council fails to appoint an auditor in accordance with subsection (1), the minister may make the appointment.

Qualifications for appointment as auditor

184(5)    To qualify to be appointed as an auditor, a person must be entitled to practise as an accountant under The Chartered Accountants Act, The Certified General Accountants Act or The Society of Management Accountants of Manitoba Incorporation Act.

Municipality to pay auditor's fees and expenses

185(1)    Subject to subsection (2), a municipality must pay its auditor's fees and expenses, including any fee or expense relating to a request of the minister under section 191.

Certain bodies to pay auditor's fees and expenses

185(2)    The auditor's fees and expenses relating to the audit of a body referred to in clause 186(1)(b) or (c), including any fee or expense relating to a request of the minister under section 191 in respect of the body, must be paid by the body.

Scope of auditor's examination

186(1)    An auditor must examine the financial statements, financial information returns, records, books of account and other information relating to the financial affairs of the municipality for the fiscal year, including

(a) any funds of the municipality held in trust by an officer or employee of the municipality;

(b) any board, committee or other body that is established or appointed by the council and that administers funds of the municipality; and

(c) any organization or other body

(i) to which the municipality has made a grant or loan of money of $5,000. or more, and

(ii) on which the municipality is represented by one or more persons appointed by the council.

Auditor not required to audit certain bodies

186(2)    Despite clauses (1)(b) and (c), the auditor is not required to examine the financial affairs of a body referred to in those clauses if the auditor is satisfied that a person who has the qualifications referred to in subsection 184(5) has audited or is auditing the financial affairs of the body for the fiscal year.

Auditor's entitlement to access

187(1)    The auditor is, at all reasonable times and for any purpose related to an audit, entitled to access to the records and books of account and any other document, matter or thing relating to the financial affairs of the municipality in the fiscal year or a previous year.

Auditor's entitlement to information

187(2)    The auditor is entitled to receive, for the purpose of the audit, any information that is required from a member of the council, an employee of the municipality and the members and employees of a body referred to in clauses 186(1)(b) and (c).

Financial institution to provide information

188(1)    A bank, credit union, caisse populaire or trust corporation must, on the written request of the minister or the auditor, provide in writing any information in its possession or control relating to the financial affairs of the municipality.

Information from land titles offices and courts

188(2)    The district registrar for a land titles district and the officer of a court must, on the written request of the minister or the auditor, provide in writing any information in their possession or control relating to the financial affairs of the municipality.

Auditor must report failure to comply

189       The auditor must without delay report to the minister and the head of the council any failure of a person or institution to comply with section 187 or 188.

Timing and content of auditor's report

190(1)    The auditor must submit a report to the council not later than June 30 in the year following the fiscal year for which the audit is prepared

(a) outlining the scope of the audit;

(b) identifying the financial statements audited; and

(c) expressing an opinion as to whether the municipality's financial statements present fairly the financial position of the municipality as at the end of the fiscal year and the results of its operations for the fiscal year.

Auditor to submit supplement with report

190(2)    The auditor must submit with the report a supplement containing the following:

(a) a statement of opinion as to whether the accounting procedures and systems of control employed by the municipality are adequate to preserve and protect its assets;

(b) a statement of opinion as to whether the funds of the municipality have been disbursed only under an authority granted by an Act, or by a resolution or by-law passed or an authority granted under an Act;

(c) a statement as to whether any irregularity or discrepancy came to the auditor's attention during the audit;

(d) a statement as to any matters not referred to in clauses (a) to (c) that the auditor considers the minister or council should be aware of; and

(e) any recommendation the auditor considers necessary or advisable regarding the proper performance of duties and the keeping of records and books of account by the chief administrative officer or other employees.

Auditor to provide minister with information

191       The auditor must make any further examination and submit any additional report requested by the minister.

Council to provide minister with information

192       A council must provide the minister with any information or document requested by the minister respecting the financial affairs of the municipality.

Auditor to give report to head of council and minister

193(1)    The auditor must ensure that a copy of the report is given to the head of council and the minister.

Head of council to table report at next regular meeting

193(2)    The head of council must table the auditor's report at the first regular meeting of the council after receiving the report.

Public notice of auditor's report

194       The municipality must without delay, after the report is tabled, give public notice that the report and the municipality's financial statements are available for inspection by any person at the municipal office during regular business hours.

Auditor to give report to head of audited body

195       If the auditor audits a body referred to in clauses 186(1)(b) and (c), he or she must ensure that a copy of the report on the body is given to the head of the body and the head of council.

Council to advise minister of action taken

196(1)    If the auditor's report or the council's review of the report indicates that immediate action is required in respect of a matter, the council must

(a) take such action as it considers necessary or advisable to address the matter; and

(b) advise the minister of the matter and the action it has taken or proposes to take.

Minister may take action

196(2)    If the council takes no action or the action that is taken or proposed is not satisfactory to the minister, the minister may take action that, in his or her opinion, best protects the interests of the municipality, and the municipality must pay any cost incurred in taking the action.

Auditor or minister may act as commissioner

197(1)    The minister and the auditor each have, in respect of the audit, the powers of a commissioner appointed under Part V of The Manitoba Evidence Act, including the power to require persons to give evidence and to produce documents relating to the financial affairs of the municipality.

Auditor or minister may retain counsel

197(2)    The minister or the auditor may retain counsel for the purpose of subsection (1), and the municipality must pay the fees and expenses of the counsel.

Offence and penalty

198       A person who contravenes this Division is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000., and in default of payment, to imprisonment for not more than three years.

DIVISION 6

MUNICIPALITIES IN FINANCIAL DIFFICULTIES

SUPERVISION

Definition

199       In sections 200 to 204, "municipality" includes a school district or school division for which a municipality collects taxes.

Order of supervision

200(1)    Where the Lieutenant Governor in Council believes that a municipality is in financial difficulty and considers it to be in the best interests of the municipality, its electors and creditors that the affairs of the municipality be supervised, the Lieutenant Governor in Council may by order

(a) place the affairs of the municipality under supervision; and

(b) authorize the minister to appoint a supervisor of the affairs of the municipality.

Submission of program by municipality

200(2)    Where a supervisor is appointed by the minister under subsection (1), the municipality must submit to the supervisor for approval, particulars of the following matters which constitute the program of the municipality:

(a) its financial plan;

(b) proposed taxation of the municipality;

(c) any other matter affecting the administration of the affairs of the municipality.

Directions and approval by supervisor

200(3)    The municipality and its officers and officials must comply with the directions of the supervisor, and the council of the municipality must not finalize its program or pass any by-law respecting it until the program has been approved, or revised and approved, by the supervisor.

Notice of orders

200(4)    Notice of an order made by the Lieutenant Governor in Council under subsection (1) must be published in The Manitoba Gazette.

Effect of Municipal Board Act

200(5)    Nothing in this Division limits or otherwise affects the powers or authority of The Municipal Board under The Municipal Board Act, and if The Municipal Board, as authorized under that Act, at any time assumes supervision of a municipality or appoints a supervisor for it, from that time

(a) The Municipal Board has all the power and authority with respect to the municipality that is, or may be, given to it under that Act; and

(b) the minister ceases to have the powers and authority given to him or her under this Division.

Minister may prescribe program

201       Where a municipality fails to obtain the approval of the supervisor or fails in whole or in part to conduct its affairs in accordance with the program, the minister may prescribe a program for the municipality, which becomes effective and is binding upon the municipality, its council, the chief administrative officer, and all persons interested in or affected by it.

Amendment of program

202       The minister may amend in whole or in part a program approved by the supervisor or prescribed by the minister and the amendment is effective and binding immediately upon notice being given to the municipality.

Current borrowings

203       The minister may direct that every borrowing by the municipality is subject to the minister's approval and that no money may be borrowed for purposes other than, or in amounts greater than, those approved from time to time, and the municipality must comply with the direction.

Ministerial directions

204       In appointing a supervisor the minister may

(a) give directions respecting approval of the program set out in subsection 200(2);

(b) give directions for the deposit and disbursement of all money of, or received on account of, the municipality;

(c) give directions regarding the approval and execution of all by-laws, security documents and other documents; and

(d) impose such terms or conditions or give such other directions as the minister considers advisable.

Borrowing in contravention of order

205       Where a municipality that is under supervision borrows or applies money in contravention of a direction made by the minister or a supervisor under this Division, or under The Municipal Board Act, the members of the council who vote for the borrowing or misapplication are jointly and severally liable to repay the amount so borrowed or misapplied and the liability may, with the consent of the minister, be enforced by an action by the municipality, an elector, a person holding security issued by the municipality, or any creditor of the municipality.

Municipality remains subject to Act

206       Subject to this Part, the members of the council and the chief administrative officer of a municipality the affairs of which are under supervision remain subject to this and any other Act.

Payment of expenses

207       The minister may require that the expenses incurred under this Division be paid wholly or in part by the municipality under supervision and included in the operating budget of the municipality.

ADMINISTRATION

Appointment of administrator

208(1)     Where the Lieutenant Governor in Council believes that a municipality is in serious financial difficulty and considers it to be in the best interests of the municipality, its electors and creditors, that the affairs of the municipality be administered by an independent administrator, the Lieutenant Governor in Council may by order

(a) place the affairs of the municipality under supervision; and

(b) appoint an administrator of the affairs of the municipality.

Notice in Manitoba Gazette

208(2)    Notice of an order made by the Lieutenant Governor in Council under subsection (1) must be published in The Manitoba Gazette.

Effect of appointment

208(3)    When an administrator is appointed under subsection (1), the then existing council and chief administrative officer of the municipality are deemed to have resigned from office and are no longer qualified to act for or on behalf of the municipality or to exercise the powers, duties or functions given to councils, members of council or a chief administrative officer under this or any other Act.

Powers of administrator

209       Subject to this Part, an administrator has the powers and authority and is subject to the restrictions and responsibilities of the council of a municipality under this or any other Act or a by-law.

Administrator may demand books

210       The administrator may demand from the chief administrative officer of the municipality all money, securities, evidences of title, and municipal records.

Administrator to be bonded

211       The administrator must be bonded as determined by the minister for the faithful performance of his or her duties.

Administrator under control of minister

212       The administrator must consult the minister and be guided by his or her advice and directions.

Advisory committee

213       The minister may

(a) appoint or make provision for the election of a local committee of electors whom the administrator may consult respecting the affairs of the municipality; and

(b)  fix the remuneration of the members of the local committee, to be paid from the funds of the municipality.

Supervision by minister

214       Section 204 (ministerial directions) applies with necessary modifications to the supervision of the administrator by the minister.

Approval of administrator's by-laws

215       No by-law passed by the administrator is effective until approved by the minister.

Payment of expenses

216       Section 207 (payment of expenses) applies with necessary modifications to the expenses of the administrator.

Restoration of municipal status

217       Where the Lieutenant Governor in Council considers it advisable to provide that the affairs of the municipality again be conducted by a council, the Lieutenant Governor in Council may by order

(a) make suitable provisions for the election of a new council for the municipality;

(b) revoke the appointment of the administrator effective upon such election; and

(c) authorize the minister to require the municipality and its chief administrative officer to submit annually to the minister particulars of its program as set out in clauses 200(2)(a) to (c).

RECEIVERSHIP

Dissolution of municipality

218       Where the Lieutenant Governor in Council believes that a municipality is insolvent or is in imminent danger of insolvency and considers it to be in the best interests of the municipality, its electors and creditors that the municipality be dissolved and its affairs wound up, the Lieutenant Governor in Council may by order

(a) dissolve the municipality; and

(b) authorize the minister to appoint a receiver.

Effect of dissolution

219(1)    When a receiver is appointed under section 218, the municipality is deemed to be dissolved and the then existing council and chief administrative officer of the municipality are deemed to have resigned from office and are no longer qualified to act for or on behalf of the municipality or to exercise the powers, duties or functions given to councils, members of council or a chief administrative officer under this or any other Act.

Publication in Manitoba Gazette

219(2)    Notice of an order made by the Lieutenant Governor in Council under section 218 must be published in The Manitoba Gazette.

Receiver under control of minister

220       The receiver must consult the minister and be guided by his or her advice and directions.

Receiver may demand books

221       The receiver may demand from the chief administrative officer of the municipality, all money, securities, evidences of title, and municipal records.

Powers to realize upon assets

222       The receiver may

(a) realize upon the assets of the municipality; and

(b) with the approval of the minister, sell the assets of the municipality and execute, in the name of and on behalf of the municipality, all documents.

Receiver to be bonded

223       The receiver must be bonded as determined by the minister for the faithful performance of his or her duties.

Application of money

224       The receiver must apply all money received by him or her in payment of the liabilities of the municipality as far as circumstances permit, in the following order of priority:

(a) costs and expenses incidental to the receivership, including expenses of the receiver;

(b) salaries owing to employees of the municipality;

(c) amounts owing by the municipality to the Crown and to the several school districts or school divisions for which the municipality collects taxes;

(d) other just debts of the municipality, rateably and without preference or priority.

Payment of expenses

225       Section 207 (payment of expenses) applies with necessary modifications to the expenses of the receiver.

Distribution of assets for school purposes

226       The minister may order the receiver of a dissolved municipality to assign and transfer all or any portion of the assets of the dissolved municipality to the respective school districts or school divisions for which the municipality collects taxes, or to a trustee of them, in the manner provided in the order, in settlement of all claims of the respective school districts or school divisions against the municipality.

GENERAL

Regulations

227       The Lieutenant Governor in Council may make regulations respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent and purpose of this Division.

Offence and penalty

228       A member of a council or a chief administrative officer who fails to comply with a demand of a supervisor, administrator or receiver of the municipality that he or she is authorized to make is guilty of an offence and is liable on summary conviction to a fine of not more than $500. or to imprisonment for a term of not more than three months, or both.

End of Part 6

PART 7

BY-LAWS:  GENERAL JURISDICTION

DIVISION 1

APPLICATION

Geographic application of by-laws

229       A by-law of a municipality applies only within its boundaries unless

(a) the municipality agrees with another municipality that a by-law passed by one has effect within the boundaries of the other and the council of each municipality passes a by-law approving the agreement; or

(b) this or any other Act provides that the by-law applies outside the boundaries of the municipality.

By-law inconsistent with other legislation

230       A by-law that is inconsistent with an Act or regulation in force in the province is of no effect to the extent of the inconsistency.

DIVISION 2

SPHERES OF JURISDICTION

Guide to interpreting power to pass by-laws

231        The power given to a council under this Division to pass by-laws is stated in general terms

(a) to give broad authority to the council and to respect its right to govern the municipality in whatever way the council considers appropriate, within the jurisdiction given to it under this and other Acts; and

(b) to enhance the ability of the council to respond to present and future issues in the municipality.

Spheres of jurisdiction

232(1)    A council may pass by-laws for municipal purposes respecting the following matters:

(a) the safety, health, protection and well-being of people, and the safety and protection of property;

(b) people, activities and things in, on or near a public place or a place open to the public, including parks, municipal roads, recreation centres, restaurants, facilities, retail stores, malls, and private clubs and facilities that are exempt from municipal taxation;

(c) subject to section 233, activities or things in or on private property;

(d) municipal roads, including naming the roads, posting the names on public or private property, and numbering lots and buildings along the roads;

(e) private works on, over, along or under municipal roads;

(f) property adjacent to highways or municipal roads, whether the property is publicly or privately owned;

(g) the operation of off-road vehicles on public or private property;

(h) drains and drainage on private or public property;

(i) preventing and fighting fires;

(j) the sale and use of firecrackers and other fireworks, the use of rifles, guns, and other firearms, and the use of bows and arrows and other devices;

(k) wild and domestic animals and activities in relation to them, including by-laws differentiating on the basis of sex, breed, size or weight;

(l) public utilities;

(m) local transportation systems;

(n) businesses, business activities and persons engaged in business;

(o) the enforcement of by-laws.

Exercising by-law-making powers

232(2)    Without limiting the generality of subsection (1), a council may in a by-law passed under this Division

(a) regulate or prohibit;

(b) adopt by reference in whole or in part, with any changes the council considers necessary or advisable, a code or standard made or recommended by the Government of Canada or a province or a recognized technical or professional organization, and require compliance with the code or standard;

(c) deal with any development, activity, industry, business, or thing in different ways, or divide any of them into classes and deal with each class in different ways;

(d) establish fees or other charges for services, activities or things provided or done by the municipality or for the use of property under the ownership, direction, management or control of the municipality;

(e) subject to the regulations, provide for a system of licences, permits or approvals, including any or all of the following:

(i)  establishing fees, and terms for payment of fees, for inspections, licences, permits and approvals, including fees related to recovering the costs of regulation,

(ii) establishing fees for licences, permits and approvals that are higher for persons or businesses who do not reside or maintain a place of business in the municipality,

(iii) prohibiting a development, activity, industry, business or thing until a licence, permit or approval is granted,

(iv) providing that terms and conditions may be imposed on any licence, permit or approval, and providing for the nature of the terms and conditions and who may impose them,

(v) providing for the duration of licences, permits and approvals and their suspension or cancellation or any other remedy, including undertaking remedial action, and charging and collecting the costs of such action, for failure to pay a fee or to comply with a term or condition or with the by-law or for any other reason specified in the by-law, and

(vi) providing for the posting of a bond or other security to ensure compliance with a term or condition;

(f)  except where a right of appeal is already provided in this or any other Act, provide for an appeal and the body that is to decide the appeal, and related matters;

(g) require persons who do not reside or have a place of business in the municipality to report to the municipal office before conducting business in the municipality; and

(h) require pawnbrokers to report all transactions by pawn or purchase to the head of council or to the police.

Content of by-laws under clause 232(1)(c)

233       A by-law under clause 232(1)(c) (activities or things in or on private property) may contain provisions only in respect of

(a) the requirement that land and improvements be kept and maintained in a safe and clean condition;

(b) the parking and storing of vehicles, including the number and type of vehicles that may be kept or stored and the manner of parking and storing;

(c) the removal of top soil; and

(d) activities or things that in the opinion of the council are or could become a nuisance, which may include noise, weeds, odours, unsightly property, fumes and vibrations.

Content of by-laws under clause 232(1)(f)

234       Without limiting the generality of clause 232(1)(f) (property adjacent to highways or municipal roads), a by-law passed under that clause may include provisions respecting signs, survey monuments, landscaping and setbacks, including

(a) the growing of trees and shrubs and the construction of improvements;

(b) the control and removal of trees, shrubs, weeds, grass, snow, ice and obstructions; and

(c) the construction, repair and removal of fences and snow fences.

Charge re local transportation system under clause 232(1)(m)

235       Despite The Public Utilities Board Act, including section 106 (conflict of interest) of that Act, a rate, toll, fare or other charge established by a council in respect of a local transportation system referred to in clause 232(1)(m) is not subject to that Act.

Content of by-laws under clause 232(1)(o)

236(1)    Without limiting the generality of clause 232(1)(o) (enforcement of by-laws), a by-law passed under that clause may include provisions

(a) providing for procedures, including inspections, for determining whether by-laws are being complied with; and

(b) remedying contraventions of by-laws, including

(i) creating offences,

(ii) subject to the regulations, providing for fines and penalties, including the imposition of a penalty for an offence that is in addition to a fine or imprisonment, so long as the penalty relates to a fee, rate, toll, charge or cost that is associated with the conduct that gives rise to the offence, or related to enforcing the by-law,

(iii) providing that an amount owing under subclause (ii) may be collected in any manner in which a tax may be collected or enforced under this Act,

(iv) seizing, removing, impounding, confiscating and selling or otherwise disposing of plants, animals, vehicles, or other things related to a contravention,

(v) charging and collecting costs incurred in respect of acting under subclause (iv),

(vi) imposing a sentence of imprisonment for not more than six months for the commission of offences or nonpayment of fines.

Application of clause 232(1)(o)

236(2)    Clause 232(1)(o) applies only in respect of a by-law passed under this Part.

No licence required for sale of own produce

237       Despite clause 232(2)(e) (by-laws respecting licences, permits, approvals), a municipality may not require that a licence, permit or approval be obtained to sell produce grown in Manitoba if the sale is by the individual who produced it or an immediate family member or employee of the individual.

Fee in addition to business or amusement tax

238       A fee imposed under this Division is in addition to, and not in lieu of, a business tax imposed under Division 3 of Part 10 or an amusement tax imposed under Division 6 of Part 10.

DIVISION 3

ENFORCEMENT OF BY-LAWS

Municipal inspections and enforcement

239(1)    If this or any other Act or a by-law authorizes or requires anything to be inspected, remedied, enforced or done by a municipality, a designated officer of the municipality may, after giving reasonable notice to the owner or occupier of land or the building or other structure to be entered to carry out the inspection, remedy, enforcement or action,

(a) enter the land or structure at any reasonable time, and carry out the inspection, enforcement or action authorized or required by the Act or by-law;

(b) request that anything be produced to assist in the inspection, remedy, enforcement or action; and

(c) make copies of anything related to the inspection, remedy, enforcement or action.

Identification

239(2)    The designated officer must display or produce on request identification showing that he or she is authorized to make the entry.

Emergencies

239(3)    In an emergency, or in extraordinary circumstances, the designated officer need not give reasonable notice or enter at a reasonable hour and may do the things referred to in clauses (1)(a) and (c) without the consent of the owner or occupant.

Court authorized inspections and enforcement

240(1)    The municipality may apply to the court for an order under subsection (2) if a person

(a) refuses to allow or interferes with the entry, inspection, enforcement or action referred to in section 239; or

(b) refuses to produce anything to assist in the inspection, remedy, enforcement or action referred to in section 239.

Court order

240(2)    On an application under subsection (1), the court may issue any order it considers appropriate, including

(a) restraining a person from preventing or interfering with the entry, inspection, enforcement or action; or

(b) requiring the production of anything to assist in the inspection, remedy, enforcement or action.

Inspection of meters

241(1)    If a designated officer of a municipality believes that a meter or other device that measures a utility or other service has been tampered with, the designated officer may apply to the court for an order authorizing

(a) entry of the land or structure in which the device is located; and

(b) inspection and testing of the device.

Court order

241(2)    The judge may issue the order on being satisfied by evidence of the designated officer under oath that he or she has reasonable grounds to believe the meter has been tampered with.

Order to remedy contravention

242(1)    If a designated officer finds that a person is contravening a by-law or this or any other Act that the municipality is authorized to enforce, the designated officer may by written order require the person responsible for the contravention to remedy it if, in the opinion of the officer, the circumstances so require.

Content of order

242(2)    The order may

(a) direct a person to stop doing something, or to change the way in which the person is doing it;

(b) direct a person to take any action or measure necessary to remedy the contravention of the Act or by-law, including the removal or demolition of a structure that has been erected or placed in contravention of a by-law and, if necessary, to prevent a reoccurrence of the contravention;

(c) state a time within which the person must comply with the directions; and

(d) state that if the person does not comply with the directions within a specified time, the municipality will take the action or measure at the expense of the person.

Order to remedy dangers and unsightly property

243(1)    If, in the opinion of a designated officer, a structure, excavation or hole is dangerous to public safety or property, or because of its unsightly condition, is detrimental to the surrounding area, the designated officer may by written order

(a) in the case of a structure, require the owner

(i) to eliminate the danger to public safety in the manner specified, or

(ii) remove or demolish the structure and level the site;

(b) in the case of land that contains the excavation or hole, require the owner

(i) to eliminate the danger to public safety in the manner specified, or

(ii) fill in the excavation or hole and level the site;

(c) in the case of property that is in an unsightly condition, require the owner

(i) to improve the appearance of the property in the manner specified, or

(ii) if the property is a building or other structure, remove or demolish the structure and level the site.

Further content of order

243(2)    The order may

(a) state a time within which the person must comply with the order; and

(b) state that if the person does not comply with the order within the specified time, the municipality will take the action or measure at the expense of the person.

Review by council

244(1)    A person who receives a written order under section 242 or 243 may request the council to review the order by written notice within 14 days after the date the order is received, or such longer period as a by-law specifies.

Powers of council

244(2)    After reviewing the order, the council may confirm, vary, substitute or cancel the order.

Municipality remedying contraventions

245(1)    A municipality may take whatever action or measures are necessary to remedy a contravention of a by-law or this or any other Act that the municipality is authorized to enforce or to prevent a re-occurrence of the contravention, if

(a) the designated officer has given a written order under section 242;

(b) the order contains a statement referred to in clause 242(2)(b);

(c) the person to whom the order is directed has not complied with the order within the time specified in the order; and

(d) the appeal period respecting the order has passed or, if an appeal has been made, the appeal has been decided, and it allows the municipality to take the action or measures.

Closure of premises

245(2)    If the order under section 242 directs that premises be put and maintained in a sanitary condition, the municipality may, under this section, close the premises and use reasonable force to remove occupants.

Costs

245(3)    The costs of an action or measure taken by a municipality under this section are an amount owing to the municipality by the person who contravened the Act or by-law.

Remedying dangers and unsightly property

246(1)    A municipality may take whatever actions or measures it considers necessary to eliminate the danger to public safety caused by a structure, excavation or hole or to deal with the unsightly condition of property if

(a) the municipality has given a written order under section 243;

(b) the order contains a statement referred to in clause 243(2)(b);

(c) the person to whom the order is directed has not complied with the order within the time specified in the order; and

(d) the appeal period respecting the order has passed or, if an appeal has been made, the appeal has been decided and it allows the municipality to take the action or measures.

Removal of occupants

246(2)    If a structure is being removed or demolished by a municipality under this section, the municipality may use reasonable force to remove occupants.

Costs

246(3)    The costs of an action or measure taken by a municipality under this section are an amount owing to the municipality by the person who was required to do something by the order under section 243.

Proceeds of sale

246(4)    If the municipality sells all or part of a structure that is removed under this section, the proceeds of the sale must be used to pay the expenses and costs of the removal, and any excess proceeds must be paid to the person entitled to them.

Emergencies

247(1)    Despite sections 243, 245 and 246, in an emergency a municipality may take whatever actions or measures are necessary to eliminate the emergency.

Application

247(2)    This section applies whether or not the emergency involves a contravention of this or any other Act that the municipality is authorized or required to enforce, or a by-law.

Compliance with order

247(3)    A person who receives an oral or written order under this section requiring him or her to provide labour, services, equipment or materials must comply with the order.

Remuneration for service or materials

247(4)    A person who provides labour, services, equipment or materials under this section and who did not cause the emergency is entitled to reasonable remuneration from the municipality.

Costs

247(5)    The costs of actions or measures taken to eliminate an emergency, including the remuneration referred to in subsection (4), are an amount owing to the municipality by the person who caused the emergency and may be collected by the municipality in the same manner as a tax may be collected or enforced under this Act.

Application to court to enforce by-law

248       A municipality may apply to the court for an injunction or other order to enforce a by-law of the municipality or to restrain a contravention of it, and the court may grant or refuse the injunction or other order or make any other order that it considers fair and just.

Contravention of by-law is an offence

249(1)    A person who contravenes a by-law of a municipality is guilty of an offence and, if the by-law imposes no other penalty, is liable on summary conviction to a fine of not more than $500. or to imprisonment for a term of not more than three months, or both.

Continuing offence

249(2)    Where a contravention continues for more than one day, the person is guilty of a separate offence for each day it continues.

Disposition of fines

249(3)    A fine imposed for contravening a by-law of a municipality must be paid to the municipality.

End of Part 7

PART 8

CORPORATE POWERS

DIVISION 1

GENERAL POWERS

Municipality is corporation

250(1)    A municipality is a corporation and, subject to this Act, has the rights and is subject to the liabilities of a corporation and may exercise its powers for municipal purposes.

General powers

250(2)    Without limiting the generality of subsection (1), a municipality may for municipal purposes do the following:

(a) acquire, hold, mortgage and dispose of land, improvements and personal property, or an interest in land, improvements and personal property;

(b) construct, operate, repair, improve and maintain works and improvements;

(c) acquire, establish, maintain and operate services, facilities and utilities;

(d) enter into agreements with a person, with an agency of the Government of Manitoba or the Government of Canada, or with another municipality, including a municipality in another province, to do with or on behalf of the municipality anything the municipality has the power to do within the municipality;

(e) use municipal equipment, materials and labour to carry out private works on private property.

Power to acquire property

251(1)    The power of a municipality referred to in clause 250(2)(a) to acquire land, improvements and personal property includes

(a) acquisition by purchase, lease, gift or otherwise, on any terms or conditions acceptable to the council;

(b)  acquisition for any purpose, including resale;

(c) acquisition of options on land; and

(d) acquisition of land and improvements outside the municipality.

Exercising power to mortgage

251(2)    The power of a municipality referred to in clause 250(2)(a) to mortgage land includes

(a) subject to section 176 (approval of Municipal Board), mortgaging land as security for part of the purchase price or for any other purpose; and

(b) accepting and registering a mortgage on land sold by it as security for the whole or part of the purchase price.

Powers respecting works, services, utilities

252(1)    A municipality exercising powers in the nature of those referred to in clauses 250(2)(b), (c) and (e) may set terms and conditions in respect of users, including

(a) setting the rates or amounts of deposits, fees and other charges, and charging and collecting them;

(b) providing for a right of entry onto private property to determine compliance with other terms and conditions, to determine the amount of deposits, fees or other charges, or to disconnect a service; and

(c) discontinuing or disconnecting a service and refusing to provide the service to users who fail to comply with the terms and conditions.

Collection of fees

252(2)    A charge referred to in clause (1)(a) may be collected by the municipality in the same manner as a tax may be collected or enforced under this Act.

Power to enter agreements and use funds

253       No municipality has the power to enter into an agreement or to use its funds in a manner that is contrary to this or any other Act or a by-law of the municipality.

Expropriation for municipal purpose

254(1)    A municipality may, by expropriation in accordance with The Expropriation Act, acquire land and improvements that the council considers necessary or advisable to acquire for a municipal purpose.

Authority to enter upon land

254(2)    A council may, for the purpose of determining whether to expropriate, authorize an employee or other person to enter upon land to conduct surveys, appraisals and tests, and a person so authorized may enter upon the land for that purpose.

Land acquired in other municipality

255       Where a municipality acquires land in another municipality, the land remains in all respects subject to the jurisdiction of the municipality in which the land is situated unless

(a) the municipalities otherwise agree; or

(b) where the land is acquired by expropriation, The Municipal Board otherwise orders under subsection 8(4) of The Expropriation Act.

Maintenance of municipal cemeteries

256       A municipality that operates a cemetery must keep the money received from the sale of plots in a separate account and use the money only for the maintenance of the cemetery.

Municipality may not assert lack of authority

257       A municipality may not assert any of the following in respect of its dealings with a person, unless the person has or ought to have knowledge to the contrary:

(a) that the municipality did not follow its own procedures;

(b) that a person held out by the municipality as having the authority to carry out certain powers or duties was not authorized to carry them out;

(c) that a document that is issued by an employee who has the authority to issue it is not valid or genuine.

DIVISION 2

ECONOMIC DEVELOPMENT

Definition

258(1)    In this section,"economic development" means the establishment, expansion or continuation of a business or industry.

Encouraging economic development

258(2)    A council may encourage economic development in any manner it considers appropriate and, for that purpose, may enter into an agreement with a person, with an agency of the Government of Manitoba or the Government of Canada, or with another municipality, including a municipality in another province.

Strategic plan

258(3)    A council may adopt a strategic plan for economic development in the municipality.

Condition of grant

258(4)    A council may make a grant for the purpose of economic development in the municipality, but the grant must not be used to directly or indirectly reduce the amount of municipal or school taxes payable to the municipality or to reimburse a person for municipal or school taxes that are paid or payable to the municipality.

DIVISION 3

TAX SHARING AGREEMENTS

Agreements

259       Two or more municipalities may enter into an agreement to share taxes or grants in lieu of taxes paid or payable to them or any of them.

DIVISION 4

SERVICES IN OTHER MUNICIPALITIES

Providing service to other municipality

260(1)    A municipality that provides a service or other thing within its own boundaries may provide it in or to another municipality, with the agreement of the other municipality.

Terms and conditions

260(2)    The municipality providing a service or thing under subsection (1) may set terms and conditions, including fees or other charges, for providing the service or thing, but is not required to apply the same terms and conditions that apply in the municipality.

Municipality may pay charges

260(3)    The agreement may provide that the municipality in which the service or thing is provided will pay for it and charge the amount of the payment to the persons who receive the service or thing, in which case the municipality may collect the payments from the persons as if it were itself providing the service or thing.

DIVISION 5

GRANTS OF MONEY

Power to make grants

261(1)    A council may make a grant to or otherwise assist

(a) a charitable or non-profit organization, association or corporation;

(b) another municipality;

(c) a local authority; or

(d) a municipal participation corporation;

if in its opinion the purpose for which the grant is made is in the interest of or to advantage of the municipality or its residents.

Benefit may be to only part of municipality

261(2)    A council may make a grant under this section even though only a part of the municipality or only some of the residents may benefit from the grant.

Recipient may be outside municipality

261(3)    A council may make a grant under this section even though the recipient, or any of its facilities, programs or activities, is primarily or solely located or carried on outside the municipality, if the residents of the municipality or some of them, will or could benefit from the grant.

Grant to regional development corporation

261(4)    A municipality may enter into an agreement with a regional development corporation for the making of a grant to the corporation, but such an agreement must not provide for

(a) a grant to be made after the council's term of office expires; or

(b)  any renewal or continuation of the agreement by reason of the failure of a party to give notice.

Condition of grant to regional development corporation

261(5)    A grant under subsection (4) must not be used directly or indirectly to reduce the amount of municipal or school taxes payable to a municipality or to reimburse a person for municipal or school taxes paid or payable to a municipality.

Definition

261(6)    In this section, "regional development corporation" means a corporation incorporated under Part XXII (corporations without share capital) of The Corporations Act and that is subject to subsection 267(2) (incorporation requires minister's approval) of that Act.

End of Part 8

PART 9

DUTIES OF MUNICIPALITIES

DIVISION 1

RETENTION AND DISPOSITION OF MUNICIPAL RECORDS

Retention of municipal records

262(1)    A council must retain municipal records for at least the minimum retention period specified in the regulations.

Certain documents not to be destroyed

262(2)     A council must not destroy municipal records that are specified in the regulations as requiring archival disposition.

DIVISION 2

ACCESS TO INFORMATION

Municipal records to be provided on request

263(1)    A chief administrative officer must, on the request of a person and within a reasonable time, provide access to any of the following municipal records that the municipality is required by regulation to keep at the municipal office:

(a) assessment rolls;

(b) financial plans;

(c) financial statements;

(d) reports of the auditor;

(e) subject to subsection (5), lists of electors;

(f) the minutes of meetings of the council and council committees, except the minutes for any part of a committee meeting that was closed under subsection 152(3);

(g) by-laws and resolutions of the council and resolutions of council committees;

(h) a report of the Ombudsman received by the council under clause 37(2)(b) of The Ombudsman Act.

Council may authorize access to other records

263(2)    The chief administrative officer must provide access to any other municipal record in the possession of the municipality if he or she is authorized by the council to provide access to the record.

Copy of municipal record

263(3)    On payment of a fee that the council may set by by-law, the chief administrative officer must provide a copy of a record to which access has been provided under subsection (1) or (2).

Copying fees

263(4)    A fee must not exceed a comparable fee payable under The Freedom of Information Act.

Certain information not available

263(5)    Information about an elector that is omitted or obscured from a list of electors or other record under section 36.1 of The Local Authorities Election Act (personal security protection on lists and records) must not be made available for inspection or copying under this section.

DIVISION 3

FIRE PROTECTION SERVICES AND POLICE SERVICES

FIRE PROTECTION SERVICES

Fire protection services

264       Every municipality must provide fire protection services within its boundaries to reduce the danger of fire, which may include education programs, inspections of property, the installation of alarms, instructions on fighting fires, the provision of fire fighting equipment and a fire protection force.

Fire protection force

265       Fire protection services may be provided by a fire protection force comprised wholly or partly of volunteers.

Agreement

266       For the purpose of providing fire protection services, a municipality may enter into an agreement with a person, another municipality or an agency or department of the Government of Manitoba or the Government of Canada.

Fees for false alarms

267(1)    A municipality or a party to an agreement under section 266 may fix a fee or other charge, or a method for determining a charge, for responses by the fire protection force to false alarms caused by automatic fire detection systems.

Collection of fees

267(2)    A fee or charge under subsection (1) may be collected by the municipality in the same manner as a tax may be collected or enforced under this Act.

Services of fire protection force

268       A fire protection force may, with the approval of the council, provide other services, including the prevention and relief of illness and injury and the preservation of life and property.

Designated officer

269       A designated officer who is appointed as a local assistant under The Fires Prevention Act must enforce in the municipality any regulation that the Fire Commissioner of Manitoba directs him or her to enforce.

Powers of fire protection force

270       A fire protection force may take such action as it considers reasonably necessary, including using any real or personal property, entering a building or upon land and demolishing or removing a building, tree, structure or crop to provide fire protection services and, subject to the council's approval under section 268, to prevent injury and to preserve life and property.

POLICE SERVICES

Certain urban municipalities

271(1)    Every urban municipality having a population of 750 or more inhabitants must appoint a chief constable and may in addition appoint one or more constables for the municipality.

Other urban municipalities, and rural municipalities

271(2)    An urban municipality having a population of less than 750 inhabitants, and a rural municipality, may appoint a chief constable and one or more constables.

Agreements respecting policing

272(1)    A municipality may enter into an agreement with another municipality or an agency or department of the Government of Manitoba or the Government of Canada by which

(a) the duties assigned by law to the police of the municipality are carried out by a police force that is under the control or supervision of the other municipality or the government of the province or Canada; and

(b) the municipality pays the cost of providing the service.

Effect of agreement

272(2)    A municipality that enters into an agreement under subsection (1) is in compliance with section 271.

Powers and duties of constables

272(3)    A constable has the powers and privileges, and is subject to the same liability and limits, as a constable appointed by the Lieutenant Governor in Council under The Provincial Police Act.

DIVISION 4

MUNICIPAL ASSISTANCE

Definitions

273       In this Division,

"municipal assistance" means municipal assistance as defined in The Social Allowances Act; (« aide municipale »)

"resident" means a person who has established residency in a municipality as determined under Schedule 7 (rules respecting residence) of The Municipal Act, R.S.M. 1988, c. M225, as it read immediately before the coming into force of this Act. (« résident »)

Powers under The Social Allowances Act

274       Every municipality has the powers and authority set out in section 2 of The Social Allowances Act.

Municipal assistance

275       A municipality must provide municipal assistance to a person within the municipality who is eligible for municipal assistance in accordance with The Social Allowances Act and regulations, whether or not the person is a resident of the municipality.

Residence disputes determined by Municipal Board

276(1)    A municipality may request The Municipal Board to determine whether a person is a resident.

Notice to minister

276(2)    A municipality must give the minister responsible for the administration of The Social Allowances Act notice of a request under subsection (1).

Municipal assistance by-laws

277(1)    Subject to the approval of the minister responsible for the administration of The Social Allowances Act, a municipality may, in accordance with that Act and the regulations, by by-law, make provision for payments to persons described in section 275 that are greater than the amount otherwise payable under The Social Allowances Act

(a) by making exemptions from financial resources in addition to those specified in the regulations, or by increasing the value of those exemptions; or

(b) by establishing a cost of basic necessities that is greater than that which is established in the regulations.

By-laws re regulation under Social Allowances Act

277(2)    Where a municipality passes a by-law in accordance with a regulation under The Social Allowances Act, the minister responsible for the administration of that Act must approve the by-law.

Where municipality fails to assist

278(1)    Where a municipality responsible for providing municipal assistance to a person fails or refuses to do so, the person may apply to the director under The Social Allowances Act who may provide assistance under that Act in place of municipal assistance.

Debt due by municipality

278(2)    An amount paid under subsection (1) is a debt due to the government by the municipality and may be recovered by the government from the municipality by withholding the amount from grants payable to the municipality.

By-law inconsistent

279       If a by-law or resolution of a council conflicts with a provision of

(a) this Division;

(b) The Social Allowances Act or a regulation under it; or

(c)  an Act of Parliament or an agreement between the province and the Government of Canada respecting the Government of Canada's contributions in support of social programs;

the by-law or resolution is invalid and of no force or effect to the extent of the conflict.

Limitation on recovery of municipal assistance

280       Despite Part 11 (Tax and Debt Collection), where under The Social Allowances Act a municipality is entitled to recover municipal assistance from a person, it may do so only in accordance with that Act.

Application to City of Winnipeg

281       This Division applies to The City of Winnipeg.

DIVISION 5

PHYSICALLY DISABLED PERSONS' PARKING

Definitions

282       In this Division,

"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 or municipal road,

(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 The Highway Traffic Act. (« permis »)

Parking by-law for physically disabled persons

283(1)    An urban municipality with at least 1,000 residents must, and any other municipality may, by by-law, make it an offence for a person to stop, stand or park a motor vehicle in a designated parking space, or 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.

Fine

283(2)    A by-law made under subsection (1) must impose a fine for its contravention, which must be an amount equal to or greater than the maximum fine for any other parking violation imposed in the municipality.

Vehicle towed

283(3)    A by-law made under subsection (1) may provide that instead of or in addition to a fine, a vehicle parked in contravention of the by-law may be towed, at the owner's expense.

Transitional

283(4)    If it has not already done so, a municipality required to pass a by-law under subsection (1) must do so within six months after this section comes into force.

By-law for designated parking spaces

284(1)    A municipality may, by by-law, require owners or operators of parking lots or other parking facilities to which the public has access to provide designated parking spaces for the use of motor vehicles displaying a permit in accordance with The Highway Traffic Act and for prohibiting the use of such spaces by other vehicles.

Content of by-law

284(2)    A by-law made under subsection (1) may

(a) specify the dimensions of designated parking spaces and the number of the designated parking 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 pavement markings for designated parking spaces.

DIVISION 6

MUNICIPAL ROADS

Definition

285       In this Division, "municipal road" means land that

(a) has been opened by a municipality under section 289, or constructed or maintained by a municipality, as a road for public use; and

(b) has not been closed under section 290;

but does not include a provincial road or a provincial trunk highway, as those terms are defined in The Highways and Transportation Department Act.

Title to land

286(1)    Despite this or any other Act or any title issued to a municipality, the title to land on which a municipal road is situated, or on which was situated a municipal road that has been closed under section 290, is vested in the Government of Manitoba.

Certain rights preserved

286(2)    Subsection (1) does not affect the rights of

(a) a person who conveys title to land to be used as a municipal road or part of a municipal road, but reserves the ownership of mines and minerals in the land or an easement or right in the nature of an easement;

(b) The Manitoba-Hydro Electric Board, The Manitoba Telephone System, or any other Crown agency under The Manitoba Hydro Act, The Manitoba Telephone Act or any other Act; or

(c) a person claiming under a person referred to in clause (a) or an agency referred to in clause (b).

Control of municipal roads

287       Subject to this and any other Act, a municipality has the direction, control and management of municipal roads within its boundaries.

Powers respecting municipal roads

288       A municipality may

(a) subject to section 289, open a municipal road;

(b) subject to section 290, close a municipal road;

(c) subject to section 291, lease land on which was located a municipal road that has been closed under section 290;

(d) subject to subsections 291(2) and (3), authorize the sale of land on which was located a municipal road that has been closed under section 290;

(e) subject to section 292, remove and sell sand and gravel found on or under a municipal road;

(f) construct, improve, alter or divert a municipal road;

(g) use private land as a temporary municipal road, subject to the payment of compensation for the use of the land and any damage caused by the use; and

(h) subject to The Water Rights Act, acquire, enter upon or use land in or adjacent to the municipality for the purpose of providing drainage for a municipal road or an outlet for the drainage, subject to the payment of compensation for the use of the land and any damage caused by the use.

Opening a municipal road

289       A municipality may open land for public use as a municipal road by registering a plan at the appropriate land titles office.

Closing a municipal road

290(1)    Subject to subsection (2), a municipality may close a municipal road by registering a plan, by-law or resolution at the appropriate land titles office.

Notice of proposed closing

290(2)    A municipality proposing to close a municipal road must give public notice and hold a public hearing in respect of the proposed closure and must serve notice of the proposal and hearing on the member of the Executive Council charged with the administration of The Crown Lands Act.

Leasing land with closed municipal road

291(1)    A municipality may lease land on which was located a municipal road that has been closed, if the lease is in a form approved by the minister and filed with the member of the Executive Council charged with the administration of The Crown Lands Act.

Sale of land used for municipal road

291(2)    A municipality may authorize the sale of land on which was situated a municipal road that has been or is to be closed under section 290 only with the written approval of the minister.

Mines and minerals in land with closed municipal road

291(3)    Where a municipality authorizes the sale of land on which was situated a municipal road that has been closed under section 290, a transfer of the land to a person vests in the person the fee simple, but the title to the mines and minerals remains vested in the Government of Manitoba unless their sale is approved in writing by the member of the Executive Council charged with the administration of The Crown Lands Act.

Sale of land shown as road allowance

291(4)    A municipality may authorize the sale of land shown as a road allowance in the Dominion Government Survey only with the written approval of the member of the Executive Council charged with the administration of The Crown Lands Act.

Sand and gravel

292       A municipality may, subject to The Mines and Minerals Act, remove sand and gravel found on or under a municipal road and

(a) use it for the construction, maintenance or repair of a municipal road; or

(b) with the written consent of the Minister of Natural Resources, sell it.

Maintenance of municipal roads and certain land after approval

293       A municipality must maintain

(a) municipal roads within its boundaries; and

(b) land within its boundaries that is shown on a plan of subdivision registered by an applicant at a land titles office under The Planning Act as dedicated for public use as a municipal road, upon compliance by the applicant with any condition that is related to the road and required for approval of the plan.

Standard of construction and maintenance

294       A municipality is required to construct or maintain a municipal road only to a standard that is appropriate for the use to which the municipality expects the road to be put.

DIVISION 7

INTER-MUNICIPAL ROADS, BRIDGES, AND DRAINS

Joint responsibility to maintain

295(1)    Municipalities are jointly responsible to maintain every municipal road, bridge and drain that crosses or runs along their boundaries.

Standard of construction and maintenance

295(2)    Municipalities are required to construct or maintain a municipal road, bridge or drain referred to in subsection (1) only to a standard that is appropriate for the use to which the municipalities agree they expect the road, bridge or drain is to be put.

Agreement to construct or maintain

295(3)    A municipality may request another municipality to enter into an agreement to construct or maintain or to share the costs of constructing or maintaining a municipal road, bridge or drain that crosses or runs along their boundaries or is located within either of their boundaries.

Joint jurisdiction over municipal roads and bridges

295(4)    Municipalities that have joint responsibility for a municipal road, bridge or drain under subsection (1) have joint jurisdiction over it but must enter into an agreement respecting which of their respective by-laws are to apply to the municipal road or bridge, and which police force is to enforce the by-laws.

Reference to Municipal Board

295(5)    A municipality that is not able to agree with another municipality on a matter relating to a municipal road, bridge or drain may refer the matter to The Municipal Board for determination, including

(a) whether a road, bridge or drain is needed;

(b) a standard of construction or maintenance;

(c) each municipality's share of construction or maintenance costs;

(d) which municipality's by-laws are to be enforced and by which police force; and

(e) each municipality's share of the costs of enforcing a by-law.

DIVISION 8

DROWNINGS AND UNCLAIMED BODIES

Recovery of body of drowned person

296(1)    A municipality must take reasonable steps to recover the body of a person who drowns in the municipality.

Municipality to bury unclaimed body

296(2)    Subject to The Anatomy Act, a municipality is responsible for the burial of a dead person found in the municipality if the body is not claimed.

Recovery of costs

296(3)    The municipality must pay the costs incurred in complying with subsections (1) and (2) and may recover the costs from the municipality in which the person was a resident immediately before his or her death.

Recovery of costs from estate

296(4)    A municipality that pays costs under this section may recover the costs from the estate of the deceased person.

Application to City of Winnipeg

297       This Division applies to The City of Winnipeg.

End of Part 9

PART 10

POWERS OF TAXATION

DIVISION 1

GENERAL

Definitions

298(1)    In this Part,

"business tax" means a tax imposed by or under the authority of a by-law under subsection 306(1); (« taxe d'affaires »)

"local improvement by-law" means a by-law made under subsection 320(1) to approve a local improvement plan; (« règlement sur les améliorations locales »)

"property tax" means a tax imposed in respect of real or personal property by or under the authority of a by-law under subsection 304(1); (« taxe sur les biens »)

"special services by-law" means a by-law under subsection 320(1) to approve a special services proposal; (« règlement sur les services spéciaux »)

"supplementary tax" means a tax imposed under Division 5 in respect of a business or property; (« taxe supplémentaire »)

Interpretation

298(2)     Terms and expressions that

(a) are used but not defined in this Act; and

(b) are defined in The Municipal Assessment Act or the regulations under that Act

have the same meaning in this Part as they have in that Act or the regulations under that Act.

Liability for taxes in respect of property

299(1)    Each person in whose name property is assessed or who later becomes the assessed owner of the property is liable to pay the taxes imposed under this Part in respect of the property.

Liability for taxes in respect of business

299(2)    Each person carrying on a business in a municipality is liable to pay the taxes or fees imposed in respect of the business.

Joint liability

299(3)    If a tax or fee imposed under this Part in respect of a property or business is payable by two or more taxpayers, payment by any one of them on account of the tax or fee discharges the liability of the others for the tax or fee to the extent of the payment.

No charge on land

299(4)    Nothing in this Act makes a tax or fee imposed under this Part in respect of a business a charge on the land or premises on or in which the business is carried on.

Annual tax roll

300(1)    No later than August 31 of each year, a municipality must prepare a tax roll in a form approved by the minister.

Tax rolls may be separate

300(2)    A tax roll may consist of one roll for all taxes under this Part or a separate roll for each of the taxes.

Tax roll may be part of assessment roll

300(3)    A tax roll may be combined with, or separate from, the corresponding assessment roll.

Content of tax roll

300(4)    The tax roll must show the following for each property or business in respect of which a tax is imposed:

(a) the roll number;

(b) a description sufficient to identify the location of the property or business;

(c) the name and mailing address of the taxpayer;

(d) the total of all taxes imposed in respect of the property or business; and

(e) the amount of any tax arrears.

Error or omission in tax roll

300(5)    The fact that information required to be shown on a tax roll is omitted or that the information shown contains an error does not invalidate the roll or any other information shown on the roll.

Correction of tax roll

300(6)    A municipality must correct its tax roll to reflect

(a) supplementary property taxes imposed; and

(b) any change in taxes resulting from a revision to an assessment roll under The Municipal Assessment Act.

Change in taxes payable

300(7)    If a revision to an assessment roll results in an increase or decrease in the taxes imposed for a year, the municipality must send the taxpayer an amended tax notice showing the taxes payable after the revision.

Error or omission based on false information

301(1)    If an error or omission in a tax or assessment roll

(a) resulted from a taxpayer knowingly providing false information to the assessor; and

(b) resulted in no tax being imposed or in the imposition of less tax than would have been imposed if the taxpayer had provided the correct information to the assessor;

the municipality may, for each year in which the assessment or the imposition of or exemption from tax was based on the false information, correct the tax roll, impose taxes and impose penalties at the rate or rates set by by-law and send an amended tax notice to the taxpayer.

No liability on innocent purchaser

301(2)    Despite subsection 299(1), a person who becomes the assessed owner of property as a result of an arm's-length purchase of the property made in good faith is not liable for the taxes and penalties imposed or charged under subsection (1) against a former owner of the property.

Annual tax notices

302(1)    No later than August 31 of each year, a municipality must

(a) prepare, in a form approved by the minister, tax notices for all properties and businesses shown on its tax roll; and

(b) subject to subsection (4), send each tax notice by mail to the mailing address of the taxpayer as shown in the tax roll.

Tax notices may be combined

302(2)    Tax notices for a number of properties or businesses may be combined in one tax notice if the same person is the taxpayer in respect of each of them.

Content of tax notice

302(3)    A tax notice in respect of a business or property must show

(a) the same information that is required to be shown on the tax roll in respect of the business or property;

(b) the date by which the taxes must be paid; and

(c) the applicable tax rate or rates set by by-law, or one tax rate that combines all the applicable rates.

If mailing address not shown

302(4)    If a taxpayer's mailing address is not shown in the tax roll, the municipality must

(a) send the taxpayer's tax notice to the mailing address of a business or property identified in the notice; or

(b) retain the notice, if the mailing address of the business or property is not known to the municipality.

Retained notice deemed to be sent

302(5)    A tax notice that is retained under clause (4)(b) by a municipality is deemed to have been sent to the taxpayer.

Certificate

302(6)    A certificate signed by a designated officer and stating that tax notices were sent in accordance with this section is evidence that taxes have been imposed as set out in the notices and that the notices were sent.

Receipt for taxes paid

303       If a receipt is requested at the time of payment, a municipality must provide a receipt for the amount paid to it on account of taxes.

DIVISION 2

PROPERTY TAXES

Property tax by-law

304(1)    No later than May 15 of each year, after adopting its operating budget for the year, a council must by by-law

(a) set a rate or rates of tax sufficient to raise

(i)  the revenue to be raised by property taxes as set out in the operating budget, and

(ii) the revenue to be raised in the year to pay for a local improvement or special service and to pay the requisitions payable by the municipality;

(b) impose taxes

(i) in accordance with the tax rate or rates set under clause (a) on the portioned value of each assessable property in the municipality that is liable under The Municipal Assessment Act to that tax, and

(ii) where the tax is in respect of a local improvement or special service, in accordance with the local improvement or special services by-law; and

(c) set a due date for payment of the taxes.

By-law to be filed

304(2)    A municipality must file with the minister by June 15 a copy of each by-law made under subsection (1).

Amendment of by-law

304(3)    A by-law under subsection (1) must not be amended to change a tax rate after tax notices have been sent to taxpayers.

Imposition of tax on part of municipality

304(4)    If a requisition applies to only part of a municipality, the taxes required to raise the revenue to pay the requisition must be imposed only on property in that part of the municipality.

DIVISION 3

BUSINESS TAX

Application

305       This Division does not apply to an organization or association referred to in section 30 of The Municipal Assessment Act or to its business or business premises.

Business tax by-law

306(1)    If a council has authorized business assessments to be made, it must in each year by by-law, after adopting its operating budget and no later than May 15,

(a) set a business tax rate for the year, to be applied to the annual rental value of premises as assessed;

(b) impose a tax for the year on each business for which a business assessment was made; and

(c) set a due date for payment of the tax.

Maximum tax rate

306(2)    A municipality's business tax rate cannot exceed 15%.

Part year use or occupancy

307       A person who, for the purpose of carrying on a business, uses or occupies premises for part of a year is liable to pay, for each month of use or occupation, 1/12 of the business tax imposed in respect of the premises for the year and, for this purpose, use or occupation for any 1/2 or greater part of a month is deemed to be use or occupation for the month.

Fees in lieu of business taxes

308       If a council has not authorized business assessments to be made, it may, after adopting its operating budget of the year, by by-law

(a) set a fee, subject to any limitation prescribed by the minister by regulation, and impose it on each business carried on in the municipality; and

(b) set a due date for payment of the fee.

Tax or fee in addition to other taxes

309       An owner of premises on whom a tax or fee is imposed under this Division is liable for the tax or fee despite the fact that he or she is liable, as owner of the premises, to pay other taxes imposed under this Part.

DIVISION 4

LOCAL IMPROVEMENTS AND SPECIAL SERVICES

Definition

310       In this Division, "potential taxpayer", in relation to a local improvement plan or by-law or a special services proposal or by-law, means a person who would, if the local improvement or special service were approved by by-law, be liable to pay for the local improvement or special service.

Local improvement

311       If approved by by-law, a municipality may undertake, as a local improvement for the benefit of all or part of the municipality,

(a) the acquisition, development, upgrading or replacement of one or more of the following:

(i) sewage collection and treatment facilities,

(ii) water supply, treatment and distribution facilities,

(iii) waste management facilities,

(iv) highways,

(v) drainage systems; or

(b) any other project the cost of which includes a capital component.

Special service

312       If approved by by-law, a municipality may provide, as a special service to all or part of the municipality, one or more of the following:

(a) tree planting;

(b) dust control;

(c) control of a plant or tree disease;

(d) grass and weed cutting and control;

(e) the collection and transportation of waste or recyclable materials;

(f) incentives to health care professionals to practise their professions in the municipality;

(g) recreation support services;

(h) street lighting;

(i) fire protection services;

(j) business improvement area services;

(k) maintenance or operation of a local improvement.

Plan or proposal

313       A municipality must prepare a local improvement plan or special service proposal if the local improvement or special service has been

(a) proposed by the council;

(b) requested by the committee of a local urban district; or

(c) requested in a petition to the council signed by at least 2/3 of the potential taxpayers under the plan or proposal.

Content of proposal

314       A special service proposal must

(a) describe the proposed service;

(b) describe the area of the municipality to which the service is to be provided and in respect of which the special services tax is to be imposed;

(c) state the estimated cost of the service; and

(d) state the proposed method and rate to be used for calculating the special service tax.

Content of plan

315(1)    A local improvement plan must

(a) describe the proposed local improvement;

(b) identify the local improvement district or the lands or businesses in respect of which the local improvement tax is to be imposed;

(c) identify the potential taxpayers under the plan;

(d) state the method and rate to be used for calculating the proposed local improvement tax, the number of years in which it is to be imposed and, if the tax can be prepaid under section 325, the estimated discount or rate of discount for prepayment;

(e) state the estimated cost of the local improvement and the period of years over which the cost is to be spread, which must not exceed the projected useful life of the improvement;

(f) identify the anticipated sources of funding to pay for the local improvement and the portion of the estimated cost to be paid by each source;

(g) state the estimated amount of money to be borrowed, and the maximum rate of interest, the term and the terms of repayment of the borrowing; and

(h) state how the annual operation or maintenance of the local improvement is to be funded.

Estimated cost of local improvement

315(2)    For the purpose of clause (1)(e), the estimated cost of a local improvement includes

(a) all capital costs to be incurred for the purpose of the improvement, including the cost of acquiring land that the council considers necessary for the improvement;

(b) the cost of professional services needed to undertake the improvement;

(c) the amount required to repay any existing debt on a local improvement that is to be upgraded or replaced;

(d) the costs of financing the improvement; and

(e) other expenses incidental to the undertaking of the improvement or to the raising of revenue to pay for it.

Costs to be paid by municipality

315(3)    A local improvement plan may propose that some or all of the cost of a local improvement be paid by the municipality and that, to raise revenue for that purpose, local improvement taxes be imposed, in each year over which the cost will be spread, on all properties in the municipality other than property described in section 21 of The Municipal Assessment Act.

Calculation of tax rates

315(4)    Unless otherwise authorized by The Municipal Board on an application to it by a municipality before third reading of a local improvement by-law, the tax rates proposed in the local improvement plan must be calculated to raise the same amount of revenue in each year during the period over which the cost of the local improvement is proposed to be spread.

Apportionment of estimated cost

315(5)    If in the opinion of the council a proposed local improvement would benefit some lands or businesses for a period and additional or other lands or businesses for another period, the local improvement plan may propose that

(a) the estimated cost of the improvement be apportioned among all the lands or businesses according to the period or periods in which they are expected to benefit from the improvement; and

(b) the local improvement taxes be imposed on those lands or businesses accordingly.

Basis for calculating taxes

316(1)    Local improvement taxes or special services taxes must be calculated on the basis of one or more of the following:

(a) the portioned value of assessable property;

(b) the annual rental value of premises as assessed for the purpose of a business tax;

(c) an amount for each unit of area of the lands benefited by the improvement or service;

(d) an amount for each unit of frontage of the lands benefited by the improvement or service;

(e) an amount for each business;

(f) an amount for each parcel of land.

Corner and irregular lots

316(2)    If a tax under this Division in respect of land is to be based in whole or in part on units of measurement in respect of land, a council may assign to corner or irregular parcels of land such number of units as it considers appropriate in order to ensure that the taxpayer will be liable for a fair share of the tax.

Reduction for lands abutting a road

316(3)    A local improvement tax may be reduced or eliminated for lands abutting a road

(a)  if the local improvement is a sanitary or storm sewer or a water main along the road;

(b) the local improvement is constructed

(i) to reach some other area of the municipality,

(ii) in addition to or as a replacement of an existing local improvement, or

(iii) in order to provide capacity for future development; and

(c) the existing sanitary or storm sewer or water main is sufficient for the existing development in the area.

Property subject to tax

316(4)    Despite the provisions of The Municipal Assessment Act, local improvement taxes and special services taxes may be imposed in respect of any assessable property other than property described in section 21 of that Act.

Local improvement districts and special services areas

317(1)    A council may by by-law designate as a local improvement district or special services area the area or areas in which the businesses or properties that are expected to benefit from a local improvement or special service are located.

Reference to local improvement district or special services area

317(2)    A local improvement district or special services area must be designated by a name or number, and a reference in a local improvement plan or by-law to a local improvement district, or in a special services proposal or by-law to a special services area, by its name or number is deemed to be a reference to the properties or businesses situated within the district or area.

Notice of plan or proposal

318(1)    After preparing a local improvement plan or a special services proposal, a municipality must send a notice of the plan or proposal by mail to each potential taxpayer under the plan or proposal.

Content of notice

318(2)    A notice under this section must include

(a) a summary of the information included in the local improvement plan or special service proposal; and

(b) information regarding the potential taxpayer's right to object to the plan or proposal.

Notice to railway company

318(3)    A notice under subsection (1) to a railway company must be sent by registered mail.

Notice where tax to be levied on all taxpayers

318(4)    Despite subsection (1) but subject to subsection (3), if all the taxpayers in the municipality are potential taxpayers under a local improvement plan or special services proposal, the municipality may give public notice of the plan or proposal instead of mailing a notice to each potential taxpayer.

Objection to plan or proposal

319(1)    Subject to subsection (2), potential taxpayers under a local improvement plan or special services proposal may, by filing a notice of objection with the chief administrative officer within 30 days after notices are sent under subsection 318(1), object to the plan or proposal.

Content of notice

319(2)    A notice of objection under subsection (1) must

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

(b) identify the local improvement plan or special services proposal in respect of which the objection is made;

(c) identify the business or property in respect of which the person is a potential taxpayer under the plan or proposal; and

(d) state the grounds for the objection.

Construction of sewer

319(3)    A potential taxpayer is not entitled to object to the construction, as a local improvement, of

(a) a sewer that is recommended by the Minister of Health or the municipality's medical officer of health appointed under The Public Health Act; or

(b) a private connection of a street sewer or water line to a building on land otherwise serviced with water.

By-law to approve plan or proposal

320(1)    Subject to subsections (2) to (6) and subsection 321(4), a council may by by-law

(a) approve the local improvement or special service as set out in the plan or proposal; and

(b) authorize the municipality to impose taxes as set out in the plan or proposal.

Objection by 2/3 of potential taxpayers

320(2)    If 2/3 or more of the potential taxpayers under a local improvement plan or special services proposal have objected under subsection 319(1) to the plan or proposal, the council may not

(a) approve the plan or proposal; or

(b) propose a similar plan or proposal for a period of two years after sending the notices under subsection 318(1).

Hearing by council

320(3)    If one or more but fewer than 2/3 of the potential taxpayers under a local improvement plan or special services proposal object under subsection 319(1) to the plan or proposal, the council must

(a) give public notice of and hold a public hearing in respect of the plan or proposal before considering a by-law to approve it; and

(b) send notice of the hearing by mail to each potential taxpayer who objected to the plan or proposal.

Requirements before third reading

320(4)    Before giving third reading to a proposed by-law to approve a local improvement plan or special services proposal, a council must

(a) give notice of its intention to do so, and of the person's right to object under subsection (5), to each person who

(i) filed an objection under subsection 319(1) to the plan or proposal, or

(ii) registered a written objection to the plan or proposal at a public hearing held under subsection (3); and

(b) submit the by-law to The Municipal Board for its review and approval.

Taxpayer objection to third reading

320(5)    A potential taxpayer under a proposed local improvement or special services by-law may, by filing a notice of objection with The Municipal Board within 30 days after notices are sent under clause (4)(a), object to the by-law being given third reading.

Requirements of objection

320(6)    Subsections 319(2) and (3) apply to notices of objection under subsection (5).

Hearing by Municipal Board

321(1)    If at least 25, or 10%, of the potential taxpayers under a proposed local improvement or special services by-law object under subsection 320(5) to the by-law being given third reading, The Municipal Board must hold a public hearing regarding the by-law before making an order under subsection (2).

Municipal Board decision

321(2)    The Municipal Board must consider each proposed by-law submitted to it under subsection 320(4) and by written order

(a) approve the by-law as submitted, with or without conditions;

(b) refuse to approve the by-law; or

(c) require that the by-law be amended in one or more of the following ways:

(i) subject to subsection (3), by adding or removing one or more businesses or properties to or from the businesses or properties to be taxed under the by-law,

(ii) by changing

(A) the amount or rate of tax, or

(B) the method of calculating the tax,

to be levied in respect of one or more businesses or properties.

Notice and opportunity to be heard

321(3)    Before ordering a change under subclause (2)(c)(i), The Municipal Board must

(a) direct the municipality to give notice of the proposed change to the potential taxpayers who would be affected by the change; and

(b) give those taxpayers and the municipality an opportunity to be heard by the Board.

Limitation on third reading

321(4)    A council may give third reading to a local improvement or special services by-law only as amended or approved by The Municipal Board.

Amendment after subdivision, consolidation or change in plan

322(1)    If, after a local improvement or special service is approved by by-law,

(a) there is a subdivision or consolidation of a parcel or parcels of land or a change in a plan of subdivision; and

(b) in the opinion of the council, a property resulting from or affected by the subdivision, consolidation or change would not bear its appropriate share of the cost of the local improvement or special service;

the council must amend the by-law to ensure that each such property bears an appropriate share of the cost of the local improvement or special service.

Reduction in local improvement taxes

322(2)    If, after a local improvement has been approved by by-law, the municipality

(a) receives more financial assistance for the local improvement than is provided for in the by-law; or

(b) obtains financing for the local improvement at a lower cost than is provided for in the by-law;

the council must amend the by-law to reduce the cost or portion of the cost to be paid by local improvement taxes.

Agreement re land required for local improvement

323       If a municipality requires a parcel of land in order to proceed with a local improvement, the municipality may enter into an agreement with the owner of the parcel under which, in consideration of

(a) a dedication or gift of the parcel to the municipality; or

(b) a release by the owner of all or part of his or her claim for compensation for the parcel;

the local improvement tax that would otherwise be imposed in respect of the remainder of the owner's land is reduced by an amount not exceeding the fair market value of the owner's interest in the parcel.

Excess taxes

324       If the taxes collected by a municipality to pay for a local improvement or special service exceed its actual cost of undertaking the improvement or providing the service, the municipality must

(a) place the excess in a fund that may be used only for the benefit of the properties and businesses in respect of which they were imposed; or

(b) refund the excess to the taxpayers.

Prepayment of local improvement taxes

325       A taxpayer whose local improvement taxes are not based in whole or in part on an assessment may prepay the taxes by the date set by the council in the local improvement by-law.

DIVISION 5

SUPPLEMENTARY TAXES

Imposition of supplementary taxes

326(1)    A council may by resolution impose supplementary taxes in respect of a property or business for all or part of a year if

(a) after completion of the tax roll for the year, an amending entry is made in the corresponding assessment roll; and

(b) the amount that would, if the taxes in respect of the property or business were based on the information shown in the assessment roll as amended, be payable as taxes in respect of the business or property is greater than the amount shown in the tax roll as the taxes payable in respect of the property or business.

Supplementary taxes based on set rates

326(2)    Supplementary taxes in respect of a property or business for a year or part of a year must be calculated using the applicable tax rate or rates set by by-law for the year.

Period for which supplementary taxes are payable

326(3)    Supplementary taxes in respect of a business or property are payable for the period

(a) beginning the day specified in the resolution imposing the taxes, which must not be earlier than the later of

(i) the day the amending entry referred to in subsection (1) could have been made, and

(ii) January 1 of the year preceding the year in which the amending entry was made; and

(b) ending December 31 of the year in which the amending entry was made.

Supplementary tax notice

327(1)    If supplementary taxes are imposed, the municipality must send a supplementary tax notice to the taxpayer.

Content of notice

327(2)    A supplementary tax notice must include, in addition to the information required to be shown in a regular tax notice, a reference to the taxpayer's right of appeal under subsection 328(1).

Application to board of revision

328(1)    A taxpayer named in a supplementary tax notice may apply to the board of revision for a revision of the assessment roll in respect of any aspect of the amending entry that resulted in the imposition of the supplementary taxes.

Requirements of application

328(2)    An application under subsection (1) must

(a) be made in writing;

(b) be filed with the chief administrative officer within 30 days after the day of mailing of the supplementary tax notice;

(c) set out the roll number and description of the property or business for which a revision is sought; and

(d) state the grounds on which the application is based.

Requirements of Municipal Assessment Act

328(3)    An application that meets the requirements of subsection (2) is deemed to be an application that satisfies the requirements of subsection 43(1) of The Municipal Assessment Act.

DIVISION 6

AMUSEMENT TAX

Definitions

329       In this Division,

"admission price" means

(a) the greater of the face value of the ticket and the amount paid for entrance or admission to a place of amusement,

(b) the amount paid for

(i) a ride or the use of a thing, or

(ii) participation in an amusement, and

(c) the amount paid for the right to sit in or use any seat, box or stand in a place of amusement; (« prix d'entrée » )

"amusement" means a contest, dance, entertainment, exhibition, game, performance, program, show, riding device or amusement ride; (« divertissement »)

"place of amusement" means a place where

(a) an amusement is given, held or played or takes place, and

(b) an admission price is charged or collected. (« lieu de divertissement »)

Amusement tax by-law

330(1)    A council may by by-law impose taxes on the admission price.

Rates of tax

330(2)    A by-law under subsection (1) may set different rates for different categories of amusement or places of amusement.

Collection of tax

330(3)    A council may by by-law

(a) require the owners or operators of places of amusement to

(i) collect the amusement tax, and

(ii) remit the tax after each performance or at any time and in any manner;

(b) make rules for the collection and proper accounting of the tax, including audits; and

(c) authorize inspectors, police constables or auditors to conduct inspections or audits related to compliance with this Division and, for that purpose, to enter places of amusement and any other places where records relating to amusements might be kept.

Payment in lieu of tax

331       A council may accept money in lieu of tax on the admission price to a place of amusement from its owner or operator.

Exemption from tax

332       A council may exempt persons or classes of persons from amusement tax on the admission price for certain amusements or places of amusement or classes of amusements or places of amusement.

Application to City of Winnipeg

333       This Division applies to The City of Winnipeg.

DIVISION 7

GRANTS IN LIEU OF TAXES

Definitions

334       In this Division,

"Crown" means Her Majesty the Queen in right of Manitoba; (« Couronne »)

"Crown lands" means lands that are vested in the Crown and includes lands referred to as "provincial lands" in an Act of the Legislature; (« terres domaniales »)

"institutional lands" means

(a) lands that are

(i) exempt from municipal taxation,

(ii) owned or leased by the Crown, Manitoba Properties Inc., a university or a college established under The Colleges Act, and

(iii) used as the site of an educational institution,

(b) lands that are contiguous to the lands described in clause (a) and are reasonably or necessarily used for the purposes of the educational institution, including use as its campus or for its recreational purposes, and

(c) lands that are owned by a university and used or occupied by any person under a lease or permit for grazing or hay-making purposes, or under a general permit for use or occupancy; (« terrains d'établissements d'enseignement »)

"land", unless expressly provided otherwise, includes improvements on the land. (« bien-fonds »)

Grants payable in lieu of taxes

335(1)    Grants must be paid in each year to each municipality with respect to Crown lands or institutional lands in the municipality in lieu of the taxes that would be payable with respect to the lands if they were not exempt from municipal taxation.

Liability for grant

335(2)    A grant under subsection (1) is payable

(a) if the grant is in respect of institutional lands owned or leased by a university or by a college established under The Colleges Act, by the university or college; and

(b) in any other case, on the minister's written request, by the Minister of Finance out of the Consolidated Fund.

Amount of grant

335(3)    The amount payable as a grant under subsection (1) in respect of a property is the amount that would be payable as taxes under this Part in respect of the property if it were not exempt from municipal taxation.

Exceptions

335(4)    Despite subsection (1), no grant is payable in respect of

(a) unimproved lands in respect of which

(i) no grant or transfer has been issued from, or made by, the Crown, or

(ii) no registration has been made under The Real Property Act;

(b) lands in a provincial forest to which The Forest Act applies;

(c) Crown lands in public highways or road allowances;

(d) lands used for the purposes of a water control work, a natural water channel or lake that has been designated as a provincial waterway under The Water Resources Administration Act;

(e) lands leased to, or occupied by, a person who, respecting the lands, is liable to municipal taxation;

(f) lands designated as provincial park lands under The Provincial Park Lands Act;

(g) lands owned by or used by or for a Crown agency;

(h) lands occupied by a person who, respecting the lands, is exempt under The Municipal Assessment Act from municipal taxation;

(i) mines, minerals, sand, gravel, petroleum, natural gas or other hydrocarbons in, on, or under Crown lands;

(j) lands within community pastures;

(k) lands designated under The Wildlife Act and used as public shooting grounds and wildlife refuges;

(l) lands designated as a Crown or public reserve on a plan of subdivision under The Planning Act; or

(m) Crown lands within a municipality that in whole or in part are used or intended for use by the municipality as a public park or a public recreational area.

Application of subsection (4)

335(5)    Subsection (4) does not apply to the right or interest of an employee of the government in Crown lands that the employee occupies as his or her residence.

Delayed exemption

335(6)    Despite subsection (4), where the province has acquired land in a municipality for the purposes referred to in clause (4)(d), a grant in lieu of taxes must be paid to the municipality in each of the three years after the year in which the lands are acquired.

Local improvement taxes payable before acquisition

335(7)    Despite subsection (4), where

(a) land is acquired for any purpose referred to in clause (4)(b), (c), (f) or (k); and

(b) the land would otherwise be subject to tax in respect of a local improvement that was approved by by-law before the date of the acquisition;

a grant must be paid to the municipality in lieu of the tax in each year equal to the tax that would have been imposed in respect of the property for the year in accordance with the by-law.

Grant in respect of Legislative Building, Government House

335(8)    Despite subsection (3), the grant payable in each year to The City of Winnipeg

(a) in respect of the land bounded by the streets known as Broadway, Kennedy Street, and Osborne Street and by the Assiniboine River, is the amount that would be payable as taxes under this Part in respect of the land alone, without improvements, if it were not exempt from municipal taxation; and

(b) in respect of the improvements on that land, is $100,000.

M.P.I.C.

336       The Manitoba Public Insurance Corporation must, in each year, pay to each municipality in which real property owned by the corporation is situated a grant in lieu of taxes on the real property equal to the taxes that would, if the property were not exempt from municipal taxation, be payable to the municipality for the year in respect of the property.

Leaf Rapids Town Properties Ltd.

337       Leaf Rapids Town Properties Ltd. must, in each year, pay to each municipality in which property of the corporation, other than property that would be exempt under subsection 22(1) of The Municipal Assessment Act if it were owned by another person, is situated a grant in lieu of taxes on the property equal to the taxes that would, if the property were not exempt from municipal taxation, be payable to the municipality for the year in respect of the property.

Application to City of Winnipeg

338       This Division applies to The City of Winnipeg.

End of Part 10

PART 11

TAX AND DEBT COLLECTION

DIVISION 1

GENERAL

Definitions

339       In this Part,

"taxes" means

(a) taxes or fees imposed under Part 10 (Powers of Taxation), and

(b) all other amounts, including penalties, that under this or any other Act are or may be added to taxes or may be collected in the same manner as taxes may be collected; (« taxes »)

"tax arrears" means taxes that remain unpaid after the day on which they are due. (« arriéré de taxes »)

Application of payments

340(1)    An amount paid on account of taxes in respect of a business or property must be applied first to the payment of tax arrears, in the order in which they arose, in respect of the business or property.

Application to tax on specific property or business

340(2)    An amount paid on account of taxes must be applied to the taxes payable in respect of

(a) the property or business designated by the taxpayer; or

(b) if no property or business is designated by the taxpayer, one or more properties or businesses of the taxpayer designated by the designated officer.

Tax certificate

341(1)    On request and payment of a fee prescribed by by-law, a designated officer must issue a tax certificate showing

(a) the taxes for the year in respect of the property or business specified in the request, and any amount paid;

(b) any tax arrears owing in respect of the property or business as of the date of the certificate;

(c) whether the lands are assessed for farming purposes under section 17 of The Municipal Assessment Act.

Certificate binding

341(2)    Subject to subsection 301(1) (error or omission based on false information), a tax certificate issued under subsection (1) is binding on a municipality but does not prevent the municipality from imposing supplementary taxes after the date of the certificate for a period before that date.

Collection remedies

342(1)    A municipality may attempt to collect or to enforce the payment of taxes in accordance with any or all remedies provided for in this or any other Act, and, except as otherwise provided, the use of one remedy does not prevent the use of another remedy in respect of the same taxes.

Debt to municipality

342(2)    Each amount payable to a municipality under this Part or Part 10 (Powers of Taxation), whether it is a tax, a penalty, a recoverable cost of seizure or sale payable by a taxpayer or an amount payable by a third party in respect of the tax arrears of a taxpayer, is a debt owing to the municipality by the person liable to pay the amount and is recoverable in a court of competent jurisdiction.

Repayment of taxes paid under protest

343(1)    If taxes in respect of a property or business are paid under protest and the assessment roll is later amended to reflect a reduction in the assessed value for the year in respect of which the taxes were paid, the municipality must

(a) redetermine the taxes payable based on the revised assessed value and amend the tax roll for the year accordingly;

(b) refund to the taxpayer the excess taxes that were paid under protest; and

(c) pay interest on the excess taxes to the taxpayer, from the date they were paid, at an annual rate prescribed by regulation by the minister for each calendar year, or any part thereof, which rate must be prescribed at least once in the year.

Limited entitlement to repayment

343(2)    No person is entitled to the repayment of amounts paid on account of taxes except under the circumstances described in subsection (1).

Appeal constitutes payment under protest

343(3)    Where a taxpayer appeals an assessment under The Municipal Assessment Act and, before the final disposition of the appeal, pays the taxes based on the assessment under appeal, the taxes shall be considered to have been paid under protest.

No further assessment appeal

343(4)    Nothing in this section enlarges or extends the rights of any person to appeal an assessment under The Municipal Assessment Act.

DIVISION 2

INCENTIVES AND PENALTIES

Discount for prepayment

344       A council may by by-law allow a discount, subject to any limitation prescribed by the minister by regulation, for the prepayment of taxes on or before a date specified in the by-law.

Instalments

345       A council may by by-law

(a) allow taxes to be paid in instalments; or

(b) require taxes imposed in respect of mobile homes located in mobile home parks to be paid in instalments.

"Tax arrears" excludes current year's penalties

346(1)    For the purpose of this section, "tax arrears" at any time in a year excludes penalties imposed under this section at any time in that year.

Penalties

346(2)    A council may by by-law

(a) set a rate, subject to any limitation prescribed by the minister by regulation, at which penalties may be imposed in respect of tax arrears; and

(b) impose penalties at that rate.

Penalty imposed monthly

346(3)    Subject to subsection (4), a penalty under subsection (2) may be imposed at the beginning of the month whether or not the tax arrears are paid at any time during the month.

Limitations

346(4)    No penalty may be imposed in respect of unpaid taxes

(a) in the case of supplementary taxes, for the first 90 days; and

(b) in any other case, for the first 30 days;

after the tax notice regarding the taxes is sent to the taxpayer.

Penalties added to taxes

346(5)    Penalties imposed under subsection (2) and remaining unpaid at the end of a year must be added to and form part of the tax arrears in respect of which they were imposed.

DIVISION 3

LIENS FOR TAXES

Special lien on land and improvements

347(1)    A municipality has a lien on land and improvements for the amount of the taxes in respect of the land and improvements.

Special lien on personal property

347(2)    A municipality has a lien on all the personal property of a taxpayer for the amount of the taxes in respect of any personal property or business of the taxpayer.

Priority of lien

347(3)    A lien under this section

(a) does not require registration to preserve it;

(b) is not defeated by a change in ownership of property; and

(c) unless otherwise provided in this or any other Act, is payable in priority over the claims, liens or encumbrances of every person except the Crown and, for greater certainty, that priority extends over every registered mortgage, encumbrance, assignment, debenture or other security interest made, given, accepted, issued or arising before or after the coming into force of this Act or before or after the lien arose.

Priority of lien for taxes

347(4)    A lien for taxes is payable in priority over all other fees, charges, liens or claims, except

(a) the costs of a seizure and sale, or of any proceedings to recover possession, of property covered by the lien;

(b) claims for wages or salary, not exceeding three months, for which provision is made in The Executions Act, the Bankruptcy Act (Canada) or any applicable law relating to winding-up;

(c) a thresher's lien under The Threshers' Liens Act; and

(d) a claim under a valid seed grain mortgage registered under The Personal Property Security Act or the claim of a mortgagee or vendor having effect as a seed grain mortgage under The Mortgage Act.

Effect of bankruptcy or winding-up

347(5)    Where property that is subject to seizure and sale for taxes was held by a trustee in bankruptcy or a liquidator under a winding-up order, the priority of the lien for taxes extends to all taxes that became due in respect of the property before

(a) in the case of a bankruptcy, the date of the authorized assignment in bankruptcy or order in bankruptcy; or

(b) in the case of a winding-up order, the date of the order.

DIVISION 4

SEIZURE AND SALE OF GOODS

Definition

348       In this Division, "goods" includes chattels and growing crops.

Seizure for taxes

349(1)    A municipality may recover

(a) tax arrears; and

(b) the costs of seizure and sale payable under The Distress Act;

by seizing and selling goods found on the lands or in the premises in respect of which the taxes were imposed or in the possession of the taxpayer, wherever found.

Warrant for seizure

349(2)    A council may authorize the chief administrative officer to

(a) issue a warrant for the seizure and sale of goods under subsection (1); and

(b) name in the warrant a person or persons to make the seizure and sale;

and the person or persons so named may make the seizure and sale.

Exemption from seizure

349(3)    Despite subsection (1), a municipality may not seize or sell

(a) goods exempt from seizure under The Landlord and Tenant Act;

(b) subject to subsection (4), goods that are the property of a person, other than the taxpayer, who purchased them in good faith and claims the goods before the seizure or sale; or

(c) a vendor's or lessor's share of a crop grown upon lands other than the lands in respect of which the taxes in arrears were imposed.

Limitation on exemption

349(4)    Clause (3)(b) does not exempt from seizure or sale

(a) goods in which the taxpayer has an interest as purchaser or under an agreement by which the taxpayer may become the owner of the goods upon the performance of a condition; or

(b) goods that are the property of the spouse or a parent, child, son-in-law, daughter-in-law, brother, brother-in-law, sister or sister-in-law of the taxpayer.

Entry to seize goods

350       A person authorized by a warrant to seize and sell goods may enter the land and break open and enter a building, yard or place where the goods liable to seizure may be situated, and the person may seize the goods and remove them.

Service of warrant

351       A person seizing goods under the authority of a warrant must give a copy of the warrant to the taxpayer by personal service or by leaving a copy of the warrant with an adult at the taxpayer's residence in the municipality, or, if the taxpayer does not reside in the municipality or there is no adult at the taxpayer's residence in the municipality, by posting a copy of the warrant on a conspicuous part of the land, building, yard or place from which the goods were seized.

Acknowledgement

352       An acknowledgement by a taxpayer that his or her goods are under seizure for the non-payment of taxes is of the same force and effect as an actual seizure of the goods.

Release not to prejudice municipality

353       A municipality may release some or all of a taxpayer's seized goods on payment of part of the tax arrears without prejudice to its right to use any remedy, including seizure and sale, to recover the balance of the arrears.

Limited liability for seized goods

354        A municipality is not liable for the loss or destruction of goods under seizure except to the extent that the loss or destruction resulted from the negligence of the municipality or its employees or agents.

Growing crops

355(1)    Where a municipality seizes growing crops, it may cut, gather, cure, thresh, carry, store or remove them, and may recover, in addition to the amounts recoverable under clause 349(1)(b), the related expenses as part of the costs of the seizure.

Sale of crops

355(2)    Seized crops may be sold at current market prices without notice and without holding a public auction.

Sale by public auction

356(1)    Seized goods, other than growing crops, may be sold only by public auction.

Notice of auction

356(2)    At least 30 days before an auction of goods seized for taxes, the chief administrative officer must post a notice in the municipal office setting out

(a) the time and place of the proposed auction; and

(b) a list of the goods to be sold at the auction.

Surplus proceeds of sale

356(3)    If the proceeds of a sale of seized goods are greater than the total of the tax arrears and recoverable costs of the seizure and sale, the municipality must pay the surplus

(a) to the person in whose possession the goods were when they were seized; or

(b) if another person claims the surplus, into court to be paid out as the court orders.

Order for seizure and sale before taxes due

357(1)    Where the court is satisfied, on the application of a municipality, that there are reasonable and probable grounds to believe that, after a tax notice has been sent to a taxpayer and before the due date specified in the notice, the taxpayer intends to remove from the municipality goods that may be liable to seizure under this Division, the court may issue an order permitting a person or persons to collect the taxes, and the related costs of seizure and sale, by seizing and selling goods in accordance with this Division.

Application without notice

357(2)    An application under subsection (1) may be made without notice.

Application for restitution

358(1)    A person whose goods have been seized under this Division may, within 30 days after the seizure or such additional time as the court allows, apply to the court for an order under this section.

Order for restitution

358(2)    Where, upon hearing an application under subsection (1), the court is satisfied that the applicant does not owe tax arrears to the municipality in the amount alleged by the municipality, the court may order

(a) the municipality to

(i) return, if possible, some or all of the seized goods to the applicant, or

(ii) make restitution to the applicant in an appropriate amount, including the applicant's costs of obtaining the order; or

(b) such other relief as is just in the circumstances.

No further assessment appeal

358(3)    Nothing in this section enlarges or extends the rights of any person to appeal an assessment under The Municipal Assessment Act.

DIVISION 5

MISCELLANEOUS REMEDIES

Removal of improvements

359       If improvements are removed from particular lands within a municipality to other lands within the municipality

(a) without the prior written consent of the municipality; and

(b) before taxes imposed in respect of the particular lands or the improvements have been paid;

the municipality may add all or any part of those taxes to the taxes imposed in respect of the other lands and may collect them in the manner that taxes on the other lands may be collected.

Demand to tenant

360(1)    If a landlord's taxes are in arrears, a municipality may, by written notice to the landlord's tenant, require the tenant to pay his or her rent, as it becomes due, to the municipality until the tax arrears are paid.

Copy of notice to landlord

360(2)    The municipality must send a copy of each notice under subsection (1) to the landlord by regular mail.

Discharge of tenant's liability

360(3)    The payment by a tenant to a municipality of an amount demanded under subsection (1) discharges the tenant's liability for the payment of rent to the landlord to the extent of the payment.

Notification of insurance proceeds

361(1)    Before paying out any insurance proceeds payable in respect of the loss or destruction of or damage to property subject to tax under this Part, the insurer must notify the municipality that insurance proceeds are payable.

Content of notice

361(2)    A notice under subsection (1) must specify or include

(a) the location and a description of the property in respect of which the insurance proceeds are payable;

(b) the name and mailing address of the insured and of any other person otherwise entitled to receive the insurance proceeds; and

(c) the amount of the insurance proceeds payable.

Demand for payment

361(3)    If a property is destroyed or damaged and taxes in respect of the property or lands on which the property was located are in arrears, the municipality may, by written notice sent to the insurer within seven days after receiving the notice under subsection (1), require the insurer to pay the insurance proceeds to the municipality to the extent of the tax arrears, and the insurer shall pay the insurance proceeds to the municipality accordingly.

Application of subsection (3)

361(4)    Subsection (3) applies despite any provision to the contrary in this or any other Act or in any agreement made or entered into before or after the coming into force of this Act or before or after the taxes became due.

Waiver

361(5)    Where a municipality is satisfied that property in respect of which insurance proceeds are payable will be rebuilt, repaired or replaced and that the municipality will have a lien under this Act on the repaired or replacement property for the tax arrears, the municipality may

(a) waive its right under subsection (3) to receive the insurance proceeds; or

(b) pay the insurance proceeds to the person or persons otherwise entitled to receive them.

Demand to purchaser of oil or natural gas

362(1)    If taxes imposed by a municipality on a taxpayer in respect of oil, natural gas or salt production equipment are in arrears, the municipality may, by written notice sent to a purchaser of oil or natural gas originating in a well owned or operated by the taxpayer, require the purchaser to remit to the municipality all amounts that are or become due and payable to the taxpayer in respect of the oil or natural gas, to the extent of the tax arrears.

Content of notice

362(2)    A notice under subsection (1) must

(a) state the name and address of the taxpayer;

(b) identify the well or wells that are owned or operated by the taxpayer and from which the purchased oil or natural gas originated; and

(c) specify the amount of the tax arrears.

Copy of notice to taxpayer

362(3)    The municipality must send a copy of each notice under subsection (1), by regular mail, to the taxpayer in respect of whom the notice was sent.

Purchaser to remit

362(4)    A purchaser of oil or natural gas who has received a notice under subsection (1) must remit amounts to the municipality in accordance with the notice as they become due and payable.

Discharge of purchaser's liability

362(5)    The payment by a purchaser to a municipality of an amount required under subsection (1) to be paid in respect of a taxpayer discharges the purchaser's liability to the taxpayer to the extent of the payment.

DIVISION 6

TAX SALES OF REAL PROPERTY

Definitions

363(1)    In this Division,

"costs", in relation to a property, means the total of

(a) the expenses incurred by a municipality in connection with the collection of tax arrears in respect of the property, including a sale or proposed sale of the property for taxes, and

(b) an administration fee as prescribed by the minister by regulation; (« frais »)

"designated year" means

(a) the fifth year preceding the current year, or

(b) such later year as is designated by the council under subsection 365(2); (« année désignée »)

"district registrar" means a person appointed under The Civil Service Act as district registrar for a land titles district under The Real Property Act; (« registraire de district »)

"property" means land other than Crown lands as defined in section 334 and includes improvements on the land. (« bien »)

Interpretation

363(2)    For the purpose of this Division,

(a) taxes in respect of a property are in arrears for a particular year if a portion of the tax arrears was due before the year; and

(b) the tax arrears for the designated year is that portion of all the tax arrears in respect of the property that was due before the year.

Non-application of Real Property Act

363(3)    Subsections 45(1) to (4) of The Real Property Act do not apply to tax sale applications made under this Division.

Tax arrears list

364       Each municipality must maintain and keep posted in the municipal office a list, in a form approved by the minister, that

(a) identifies each property in the municipality the taxes in respect of which are in arrears for the current year; and

(b) for each such property, shows the tax arrears for the current year and for each preceding year for which taxes are in arrears.

Mandatory auction

365(1)    A council must in each year offer for sale by auction all properties in the municipality the taxes in respect of which are in arrears for the designated year.

Council may designate year

365(2)    The council may in any year designate the immediately preceding year or any earlier year as the year for which properties the taxes in respect of which are in arrears for the year must be offered for sale by auction to recover the tax arrears and costs.

Sale by public auction

365(3)    A municipality may not sell a property for taxes except by public auction under this Division.

Limitation

365(4)    Subject to subsection 370(3), a municipality may sell a property for taxes at an auction only if each other property in the municipality the taxes in respect of which are in arrears for the designated year is offered for sale at the auction.

Notice of tax sale

366(1)    At least 120 days before conducting an auction, the municipality must present to the Land Titles Office for registration a notice of tax sale, in a form approved by the Registrar-General, for each property to be offered for sale at the auction.

Registration of notice

366(2)    Upon receipt of a notice of tax sale for a property, the district registrar must accept it for registration and enter it on the title to the property or, if the property is under the old system as defined under The Real Property Act, in the abstract book for the property.

Directions for service of notice

366(3)    If a person has, at the time of registration of a notice of tax sale in respect of a property, a registered interest in the property that would be affected by the sale, the district registrar must provide to the municipality the person's name and

(a) the person's most recent address for service shown on the records of the Land Titles Office; or

(b) if no address for service is shown on the records of the Land Titles Office, directions for substitutional service.

Idem

366(4)    For the purpose of clause (3)(b), the district registrar may provide different directions for substitutional service for different properties and may

(a) allow the municipality to dispense with service of the notice if the property has an assessed value, for the year in which the notice is presented for registration, of less than $1,000.; or

(b) direct the municipality to make efforts to ascertain an address for service, and following those efforts, provide further directions for service.

Notice of proposed sale

367(1)    At least 90 days before the auction of a property, the municipality must give notice of the auction to

(a) the registered owner of the property at the address shown on the most recent tax notice issued in respect of the property, by certified mail;

(b) the persons for whom addresses are provided under clause 366(3)(a), by certified mail;

(c) the persons for whom directions for service are provided under clause 366(3)(b), in accordance with those directions.

Content of notice

367(2)    A notice under subsection (1) must be in a form approved by the minister and state that if the tax arrears for the designated year and costs are not paid to the municipality before the auction

(a) the municipality may offer the property for sale at the auction;

(b) the property may be sold at the auction for less than the amount of the tax arrears; and

(c) if sold, the sale is final and any interest the person had in the property before the sale will be extinguished.

Public notice

367(3)    At least 30 days before an auction, the chief administrative officer must post in the municipal office a list, in a form approved by the minister, of the properties to be offered for sale at the auction.

Municipality entitled to possession

368(1)    From the date on which a notice is posted under subsection 367(3) in respect of a property, the municipality is entitled to possession of the property.

Order for possession

368(2)    To obtain possession of a property, a designated officer of the municipality may enter and take possession of it for and in the name of the municipality and, if resistance is encountered, the municipality may apply to the court for an order for possession.

Cancellation or adjournment

369(1)    A municipality may cancel or adjourn an auction of a particular property at any time before its commencement if it cancels or adjourns, as the case may be, the auction of all properties the taxes in respect of which are in arrears for the same year or years as the taxes in respect of the particular property.

Notice of cancellation or adjournment

369(2)    If an auction is adjourned or cancelled, the municipality must

(a) post a notice of the adjournment or cancellation at the time and place for which the auction was originally scheduled; and

(b) where the auction is rescheduled,

(i) post a notice of the rescheduled auction in the municipal office at least 14 days before the new date, and

(ii) if known at the time of posting the notice under clause (a), include in that notice a notice of the rescheduled auction.

Continuing in possession

369(3)    If an auction of a property is adjourned or cancelled and the taxes in respect of the property remain in arrears, the municipality continues to be entitled to possession of the property and, if the property is unoccupied, the municipality may grant a lease, licence or permit in respect of the property for a term of not more than one year and may renew the lease, licence or permit for periods totalling not more than one year.

Application of money

369(4)    Money paid to a municipality under a lease, licence or permit under subsection (3) in respect of a property must be applied against the tax arrears and costs in respect of the property.

Declaratory relief

370(1)    A person who

(a) has an interest in property that is to be sold for taxes; and

(b) claims that taxes in respect of the property are not in arrears for the designated year;

may apply to the court for an order declaring that taxes in respect of the property are not in arrears for the designated year.

Time limit

370(2)    An application under subsection (1) in respect of a property to be auctioned must be filed in the court and served on the municipality before the date of the proposed auction.

Adjournment of tax sale pending outcome of application

370(3)    Despite subsections 365(1) and (4) and 369(1), the auction of a property in respect of which an application is made under subsection (1) must be adjourned pending the outcome of the application.

Time for payment of arrears and costs

371(1)    Any person may pay the tax arrears for the designated year and costs in respect of a property before the commencement of the auction at which the property is offered for sale.

Tax arrears paid

371(2)    If before the commencement of an auction the tax arrears for the designated year and costs in respect of a property are paid to the municipality,

(a) the property must not be sold at the auction; and

(b) the chief administrative officer must present to the district registrar for registration a discharge of the notice of tax sale in respect of the property.

Conditions of sale, reserve bid

372       A municipality may set any terms or conditions for the sale of a property to be sold for taxes, and may set a reserve bid in the amount of the tax arrears and costs in respect of the property.

Conflict of interest

373       For the purpose of The Municipal Council Conflict of Interest Act, a member of a council is deemed to have and to have had, at the time of each meeting of the council at which any matter relating to the recovery of tax arrears in respect of a property is considered, a direct or indirect pecuniary interest in the property or the sale of the property if

(a) the member;

(b)  a nominee or spouse or child of the member; or

(c) any person in which the member has a pecuniary interest;

bids for or purchases the property at an auction under this Division.

Municipality may bid

374       A municipality may bid on and purchase property at a public auction and may direct a designated officer of the municipality to bid on or purchase property on its behalf.

Sale of property

375(1)    A property is sold at a public auction when the auctioneer declares it sold.

Sale for reserved bid

375(2)    If a municipality has set a reserve bid in respect of a property and no person bids more than the amount of the reserve bid, the auctioneer must declare the property sold to the municipality for the amount of the reserve bid.

Sale for less than tax arrears and costs

375(3)    If a property is sold at an auction for less than all of the tax arrears and costs in respect of the property, the balance of the arrears and costs is deemed to be cancelled.

No sale

375(4)    If a property offered for sale at a public auction is not sold, the ownership of the property remains unchanged, the tax arrears in respect of the property remain due and owing and the property must remain on the tax arrears list maintained under section 364.

Tax sale application

376(1)    After a purchaser has satisfied the terms and conditions of a sale of property under this Division, the municipality must provide to the purchaser for filing in the Land Titles Office

(a) a tax sale application; and

(b) evidence satisfactory to the district registrar regarding service of the notice of tax sale under section 367.

Application in name of municipality

376(2)    If the municipality is the purchaser of property it may issue a tax sale application in its own name.

Challenge to tax sale

377(1)    No tax sale may be challenged or set aside except on the grounds that the sale was not conducted in a fair and open manner or that notice of the sale was not served in accordance with section 367.

Time for challenge to tax sale

377(2)    A person wishing to challenge the tax sale of a property must, within 30 days after the date of the auction at which it was sold,

(a)  bring an action in the court to set aside the sale; and

(b) obtain and file a pending litigation order in the Land Titles Office.

Registration of tax sale purchaser as owner

377(3)    The district registrar must register the purchaser of property at a tax sale as owner of the property if

(a) the purchaser presents a tax sale application, accompanied by evidence satisfactory to the district registrar that notice of the sale was served as required by section 367, for registration at the Land Titles Office; and

(b) no pending litigation order is filed under subsection (2) in respect of the sale within 30 days after the date of the auction.

Title of purchaser

377(4)    Except as otherwise provided in The Real Property Act, the registration of title to a property sold for taxes in the name of the tax sale purchaser extinguishes every interest in the property that arose or existed before the property was sold for taxes.

Application to bring property under new system

377(5)     A tax sale application in respect of property that is under the system of registration provided by The Registry Act is deemed to be an application to bring the property under the system of registration provided for in The Real Property Act.

Invalid tax sale does not invalidate purchaser's title

377(6)    If a tax sale of a property is found by a court to be invalid after title to the property is registered in the name of the tax sale purchaser, no person who held an interest in the property before the sale is entitled to a return of that interest.

Failure to give proper notice

378(1)    If the district registrar refuses to register a tax sale purchaser as owner on the grounds that the municipality has failed to properly give notice of the tax sale to a person entitled to notice under section 367,

(a) the municipality must notify the person that, if the tax arrears and costs are not paid to the municipality within 90 days after the date of the notice,

(i) the tax sale may be completed, or

(ii) the property may be sold at another auction; and

(b) if the tax arrears and costs have not been paid within the 90-day period, the tax sale purchaser may, at his or her option, complete or refuse to complete the tax sale.

Incompleted tax sale

378(2)    If a tax sale purchaser refuses under clause (1)(b) to complete a tax sale,

(a) all rights of the purchaser arising out of the tax sale are extinguished, except his or her right to a refund of any amount paid to the municipality on account of the purchase price; and

(b) the municipality may offer the property for sale at another public auction and the provisions of this Division, other than section 365 and subsections 366(1) and (2), apply with necessary modifications to that auction.

No action against district registrar

379       No action lies or is maintainable against a district registrar or a Land Titles Office for damages that accrue by reason of any action by the district registrar or the Land Titles Office under this Division.

Surplus proceeds

380(1)    If the proceeds of a tax sale exceed the tax arrears and costs by more than $200.,

(a) the municipality must notify each person entitled to notice of the tax sale, in the manner that notice must be given under subsection 367(2), of the excess and that the person may make an application under clause (b) in respect of the excess; and

(b) each person entitled to notice of the tax sale may apply to the court within three years after the auction for an order for the payment to the applicant of all or part of the excess.

Priority of claim to excess

380(2)    In making an order under clause (1)(b) in respect of the excess proceeds from the tax sale of a property, the court must have regard to the priority of the applicant's interest in the property in relation to all interests in the property immediately before the sale.

Proceeds of sale to municipality

380(3)    For the purpose of this section, the proceeds of a tax sale of a property to a municipality are the amount bid by the municipality, or by another person on its behalf, for the property.

Application of surplus proceeds

380(4)    A municipality may apply the excess proceeds of a tax sale to its general revenue to the extent that they are not required by a court order under clause (1)(b) to be paid out.

Registrar General

381       The Registrar-General may

(a) approve the form and content of any notice, application, form or evidence of service that may be filed at the Land Titles Office under this Division; and

(b) set and charge reasonable fees to municipalities and tax sale purchasers for the filing of notices and applications under this Division in a Land Titles Office.

End of Part 11

PART 12

LIABILITY OF MUNICIPALITIES AND OTHER LEGAL MATTERS

DIVISION 1

CHALLENGING BY-LAWS AND RESOLUTIONS

Application for declaration of invalidity

382(1)    A person may make an application to the court for a declaration that a by-law or resolution is invalid on the ground that

(a) the council acted in excess of its jurisdiction;

(b) the council acted in bad faith;

(c) the by-law is discriminatory; or

(d) the council failed to comply with a requirement of this or any other Act or the municipality's procedures by-law.

When by-law is discriminatory

382(2)    A by-law is discriminatory if it operates unfairly and unequally between different classes of persons without reasonable justification.

Order

382(3)    Upon hearing an application under subsection (1), a judge may make the requested declaration and any other order he or she considers appropriate.

Time limit for action under clause 382(1)(d)

383(1)    Subject to subsection (2), an application under clause 382(1)(d) must be filed within one year after the by-law or the resolution is passed.

Validity relating to public participation

383(2)    The limitation period in subsection (1) does not apply if the ground for the application is that

(a) the by-law is required to be put to a vote of electors, and the vote has not been conducted or the by-law was not given the required approval in the vote;

(b) notice of an intention to pass the by-law was required but not given; or

(c) a public hearing was required in respect of the by-law but was not held.

No challenge on certain grounds

384       No by-law, resolution or proceeding of a council and no resolution or proceeding of a council committee may be challenged on the ground that

(a) the by-law is unreasonable or not in the public interest;

(b) a person sitting or voting as a councillor

(i) was not qualified when elected, or

(ii) after being elected, ceased to be qualified or became disqualified;

(c) a person sitting or voting as a member of a council committee

(i) was not qualified when appointed or elected, or

(ii) after being appointed or elected, ceased to be qualified, or became disqualified;

(d) the election of one or more councillors or members of the committee of a local urban district is invalid;

(e) a councillor or a member of the committee of a local urban district has resigned because of disqualification;

(f) a person has been declared disqualified from being a councillor or a member of a committee of a local urban district;

(g) a councillor or a member of a committee of a local urban district does not take the oath of office; or

(h) there was a defect in the appointment of a councillor or other person to a council committee.

DIVISION 2

LIABILITY OF MUNICIPALITIES

Definitions

385       In this Division,

"building standard" means

(a) a building construction standard adopted, established, prescribed or varied under The Buildings and Mobile Homes Act, and

(b) a standard adopted, established, prescribed or varied under a regulation under The Fires Prevention Act; (« norme de construction »)

"inspection" means an examination, review, survey or other action permitted or required to enforce a building standard. (« inspection »)

MUNICIPAL ROADS

No liability unless municipal road

386(1)    A municipality is not liable for loss or damage sustained in respect of a road in the municipality unless the road is a municipal road.

Liability for municipal roads

386(2)    A municipality is not liable for loss or damage in respect of a municipal road

(a) for failing to construct or maintain the road beyond the standard required under section 294 and subsection 295(2);

(b) caused by installing, failing to install, or the choice of a wall, fence, guardrail, railing, curb, pavement marking, traffic control device, illumination device or barrier adjacent to or in, along or on the road, except where the loss is caused by the municipality's failing to replace or repair a guardrail, railing, traffic control device, illumination device or barrier adjacent to, or in, along or on, the road and the municipality

(i) knew or ought to have known of the state of disrepair, and

(ii) failed to take reasonable steps to correct the state of disrepair within a reasonable period of time;

(c) caused by

(i) any construction, obstruction or erection, or

(ii) the situation, arrangement or disposition of any earth, rock, tree or other material or thing,

adjacent to or in, along or on the portion of the road that is not designed for vehicle use; or

(d) caused by rain, hail, snow, ice, sleet or slush on the road or on a sidewalk adjacent to or along the road, unless the municipality is grossly negligent.

Liability for location of municipal road

386(3)    Where a municipality in good faith constructs a municipal road, but the road is located other than according to the plan for the road, the municipality is liable to the owner of the land on which the road was constructed only to the same extent as if that land had been expropriated.

BUILDING INSPECTIONS

Requests for inspections

387(1)    A municipality is not liable for a loss related to

(a) the manner or extent of an inspection; or

(b) the frequency, infrequency or absence of inspection;

unless the inspection was requested at the appropriate stage of construction and with reasonable advance notice before the inspection was required, and the municipality failed to conduct the inspection or conducted it in a negligent manner.

Negligent inspections

387(2)    An inspection is conducted in a negligent manner only if it fails to disclose a defect or deficiency that

(a) could be reasonably expected to be detected; and

(b) falls within the scope of the inspection being conducted.

Certification by professionals

387(3)    For the purpose of an inspection, a municipality may rely on a certification or representation by an engineer, architect, surveyor or other person with expertise respecting the thing being certified or represented, and a municipality that relies on such a certification or representation is not liable for any loss or damage caused by the negligence of the engineer, architect, surveyor or other person in making the certification or representation.

Matters outside scope of inspection

387(4)    An inspection by a municipality to enforce a building standard does not create or impose a duty on the municipality with respect to any matter not being inspected.

Failure to comply with conditions

387(5)    If conditions are imposed by the municipality in respect of or in the course of an inspection, the municipality is not liable to any person for loss or damage as a result of the conditions not being complied with, unless the municipality

(a) knew of the failure to comply with the conditions;

(b) had the power to order that the conditions be complied with; and

(c) failed to order compliance.

Failure to prevent or limit loss

387(6)    A municipality is not liable for loss or damage resulting from an inspection or a failure to inspect if the person claiming the loss knew or ought to have known of the thing or matter that caused the loss and failed to take reasonable steps to limit or prevent the loss.

Inspection not a guarantee

387(7)    An inspection or a system of inspections by a municipality is not a representation, guarantee, warranty or insurance of the quality or standard of construction of, or of any other thing respecting, the property, building, utility, structure or other thing inspected.

OTHER MATTERS

Definition

388(1)    In this section, "public facility" means a place that is subject to the direction, control and management of a municipality, and includes playgrounds, arenas, swimming pools, recreation centres, offices and libraries operated by a municipality.

Limited liability for public facility

388(2)    A municipality is not liable for failing to maintain a public facility in a reasonable state of repair unless the municipality knew or ought to have known of the state of disrepair and failed to take steps to rectify the state of disrepair within a reasonable period of time.

Limited liability for utilities or services

389        Where a municipality operates a utility or provides a service, it is not liable for loss or damage as a result of

(a) the breaking of a pipe, service line, conduit, pole, wire, cable or other part of the utility or service; or

(b) the discontinuance or interruption of a service or connection;

by reason of

(c) accident;

(d) disconnection for non-payment or non-compliance with a term or condition of service; or

(e) necessity to repair or replace a part of the utility or service.

Limited liability for water overflow

390       Where an overflow of water from a sewer, drain, ditch or watercourse is a consequence of excessive snow, ice or rain, a municipality is not liable for a loss as a result of the overflow.

Limitation on standard of care for protective fire services

391       For the purpose of determining the standard of care of a municipality in an action or proceeding relating to the provision by the municipality of a protective fire service, the court shall consider all relevant factors that might reasonably have affected the ability of the municipality to provide the fire protection services, including, but not limited to,

(a) the population density of the municipality;

(b) geographic limitations to the provision of the service;

(c) whether the service provided is volunteer or partly volunteer;

(d) the amount of the total municipal assessment against which taxes may be imposed; and

(e) any other criteria specified by the minister by regulation.

Exercise of discretion

392       A municipality that has the discretion to do something is not liable for deciding in good faith not to do that thing or for not doing it.

Liability for remedying contravention of by-law

393       A municipality is not liable for loss or damage caused by it in remedying, or attempting to remedy, a contravention of a by-law, unless the municipality is grossly negligent.

No liability for negligent supervision by others

394       Where a municipality entrusts the construction of a public work or a public facility to the supervision of an engineer, architect, surveyor or other person with relevant expertise to supervise the construction, the municipality is not liable for loss or damage arising from any negligence on the part of the supervisor.

No liability for certain nuisances

395       A municipality is not liable for a nuisance as a result of

(a) the construction, operation or maintenance of a system or facility for collection, conveyance, treatment or disposal of sewage or storm water, or both sewage and storm water, unless the municipality is negligent; or

(b) the construction or operation of a public work, regardless of whether the authority to construct or operate the work is mandatory or permissive, unless the nuisance could have been prevented by another practicable method of constructing or operating the public work.

Notice requirement

396(1)    To claim against a municipality for loss or damage as a result of the municipality's failure to maintain a municipal road or a public facility, the claimant must, in writing, notify the chief administrative officer of the municipality of the event on which the claim is based within three days after the event.

Limitation of actions

396(2)    Failure to notify the municipality within the time required by subsection (1) bars the action unless

(a) the claimant has a reasonable excuse for the lack of notice and the municipality is not prejudiced by the lack of notice;

(b) the claim relates to the death of a person as the result of the event complained of; or

(c) the municipality waives the notice requirement.

DIVISION 3

JUDGMENTS AGAINST MUNICIPALITIES

Service of judgment

397(1)    A judgment creditor may serve a judgment issued against a municipality by serving it on the chief administrative officer of the municipality, who must bring the judgment to the attention of the council at the next council meeting.

Payment by municipality

397(2)    A municipality must pay money owing by it to a judgment creditor from its surplus funds or a reserve fund that is not designated for a special purpose.

Borrowing to pay judgment

397(3)    If there is not sufficient money in a surplus or reserve fund to satisfy a judgment, the municipality must

(a) borrow sufficient money to pay the balance of the money owing; and

(b) subject to subsection (4), in its annual tax by-laws for the next year and later years, levy an additional tax sufficient to repay the amount borrowed.

Amount of tax

397(4)    A tax levied under clause (3)(b) must not exceed, in any one year, the greater of

(a) a rate of two mills on the portioned assessment of all taxable property in the municipality; and

(b) the minimum amount necessary to pay the interest and principal of the borrowing over the longest term for which the loan could be obtained.

Failure to pay judgment

398       Where a municipality fails, in whole or in part, to satisfy a judgment owed by it, the minister may do one or both of the following:

(a) request the Minister of Finance to pay the amount owing on the judgment to the judgment creditor and deduct the amount of the payment from any amount of money payable to the municipality by the government, including money payable under an agreement or an Act of the Legislature;

(b) request the Lieutenant Governor in Council to appoint a supervisor, administrator, or receiver under Division 6 (Municipalities in Financial Difficulties) of Part 6.

Effect of deduction

399       An amount of money paid to a judgment creditor and deducted by the Minister of Finance from money payable to the municipality by the government is deemed to have been paid to the municipality.

Liens against municipal property

400(1)    A judgment creditor of a municipality does not have and never had a lien or charge on land or personal property of the municipality unless the lien was created as a specific charge on the land or property.

Registration of judgment

400(2)    The registration of a certificate of judgment against a municipality in a land titles office, or any other place, for the purpose of collecting the judgment is void unless the judgment was made under a security agreement specifically charging the land or property.

Prohibition of execution against municipality

401       No execution, attachment or process of a similar nature shall be issued out of any court to enforce payment of money by a municipality under a judgment.

DIVISION 4

INDEMNIFICATION OF MEMBERS OF COUNCIL, MUNICIPAL EMPLOYEES, AND VOLUNTEERS

Definitions

402       In this Division,

"costs" means any costs, charges, fees and expenses, reasonably incurred in respect of a civil, criminal, or administrative action or proceeding, including an amount paid to settle an action or satisfy a judgment; (« frais »)

"municipal officer" means

(a) the chief administrative officer,

(b) a designated officer, and

(c) any other employee of the municipality; (« fonctionnaire municipal »)

"volunteer worker" means a voluntary member of a fire or ambulance service or local emergency response control group established by a municipality, or any other volunteer performing duties authorized by a municipality. (« travailleur bénévole »)

Protection from liability

403(1)    A member of a council or council committee, or a municipal officer or volunteer worker is not liable for any loss or damage suffered by a person by reason of anything said or done or omitted to be done by the member, officer or volunteer worker in good faith in the performance or intended performance of powers, duties or functions under this or any other Act.

No protection re defamation

403(2)    Subsection (1) is not a defence to an action in defamation.

No protection re municipality

403(3)    Subsection (1) does not relieve a municipality of liability to which it would otherwise be subject in respect of the actions of the persons referred to in subsection (1).

Indemnification on successful defence

404(1)    Subject to subsection (3), a municipality must indemnify a current or former member of a council or council committee, or a municipal officer or volunteer worker, or the heirs and legal representatives of such a person, for reasonable costs incurred in a civil, criminal or administrative action or proceeding commenced as a result of anything said or done or omitted to be done in the performance or intended performance of their functions, duties or powers if the person was substantially successful on the merits of the defence of the action or proceedings.

Discretion to indemnify

404(2)    Subject to subsection (3), the municipality may indemnify a current or former member of a council or council committee, or a municipal officer or volunteer worker, or the heirs and legal representatives of such a person, in whole or in part, for reasonable costs incurred in a civil, criminal or administrative action or proceeding commenced as a result of anything said or done or omitted to be done in the performance or intended performance of their functions, duties or powers if

(a) the person acted in good faith; and

(b) in the case of a criminal or administrative action or proceeding that is enforced by a monetary penalty, the person had reasonable grounds for believing the conduct in question was lawful.

Costs incurred under Conflict of Interest Act

404(3)    A municipality may indemnify a current or former member of a council or council committee, a municipal officer or volunteer worker, or the heirs and legal representatives of such a person, in whole or in part, for costs incurred in defending an application by or on behalf of the municipality under The Municipal Council Conflict of Interest Act only if the person, on making an application to the court, satisfies the court that he or she acted in good faith.

End of Part 12

PART 13

MUNICIPAL EMPLOYEES PENSIONS

DIVISION 1

PENSIONS AND GRATUITIES

Retiring grant or annuity

405(1)    Where an employee of a municipality, while in its service,

(a) becomes incapable, through illness or infirmity of discharging his or her duties efficiently; or

(b) reaches retirement age and then ceases to be an employee;

and will not, in the judgment of the council, be reasonably provided for under section 406, the council may by by-law grant to the employee, on ceasing to be employed by the municipality,

(c) as a gratuity, an amount not exceeding the aggregate of the employee's salary or other remuneration during the last preceding three years of his or her service; or

(d) an annual retiring allowance of such amount as the majority of the members of the council consider reasonable in the circumstances,

(i) during the remaining years of the employee's life, or

(ii) during the remaining years between the employee's retirement and the date upon which he or she becomes entitled to a retirement pension under the Canada Pension Plan or a pension under the Old Age Security Act (Canada);

but in either case not exceeding 3/5 of the employee's annual salary or other remuneration calculated on the average over the last preceding three years of his or her service, and the retiring allowance may be payable semi-monthly or otherwise, as the council considers proper.

Repeal or amendment of by-law

405(2)    A by-law under subsection (1) may not be amended or repealed without the consent of the minister.

Pension plan required

406(1)    Every municipality must by by-law establish or participate in a plan or scheme to provide pensions or superannuation allowances for its full-time and part-time employees who have been employed by the municipality for 1600 hours or 200 days employment in each of two successive calendar years ending on or after a date to be determined by the Lieutenant Governor in Council.

Additional benefits

406(2)    A plan or scheme referred to in subsection (1) that a municipality establishes or in which it participates may provide, in addition to pensions and superannuation allowances, other benefits for employees or their surviving dependants including, without limiting the generality of the foregoing, insurance on the lives of employees or their dependants or both, disability allowances, surviving dependants allowances and surviving spouse allowances.

Plans before January 1, 1971

406(3)    Where before January 1, 1971 a municipality had complied with section 176 of The Municipal Act, as it then was, in respect of employees of the municipality, the municipality may with the written consent of the employees continue to comply with that section and not comply with this section.

Plan under Division 2

406(4)    Where a plan or scheme to provide pension or superannuation allowances for employees of municipalities is established under Division 2, participation in the plan or scheme by a municipality is in compliance with subsection (1).

Termination of pension plan or scheme

406(5)    A municipality must not disestablish a plan or scheme established under this section, or cease to participate in a plan or scheme that it has participated in under this section, or pass a by-law to that effect, unless it has received the minister's consent to disestablish the plan or scheme or to cease to participate in the plan or scheme.

DIVISION 2

MUNICIPAL EMPLOYEES BENEFITS PROGRAM

Definitions

407       In this Division,

"board" means The Municipal Employees Benefits Board continued under section 408; (« Commission »)

"employee" means an employee or officer of a municipality employed by the municipality on a full-time basis or employed by the municipality on a part-time basis for 1600 hours or 200 days of employment in each of two successive calendar years ending on or after December 31, 1983; (« employé »)

"fund" means The Municipal Employee Benefits Fund; (« Fonds »)

"municipality" includes a local government district and any organization that the Lieutenant Governor in Council by order includes in the plan;  (« municipalité »)

"plan" means a plan established under section 409.  (« régime »)

Board continued

408(1)    The Municipal Employees Benefits Board is continued as a corporation consisting of

(a) one person who is not representative of either municipalities or employees, who must be the chairperson;

(b) two representatives of municipalities; and

(c) two representatives of employees;

appointed by the Lieutenant Governor in Council.

Term of members of the board

408(2)    Each member of the board holds office for a term fixed by the Lieutenant Governor in Council and thereafter until his or her successor is appointed.

Application of Corporations Act

408(3)    The Corporations Act does not apply to the board, but the board has the capacity and, subject to this Act, the rights, powers and privileges of a natural person.

Remuneration and expenses

408(4)    The remuneration of the members of the board, as fixed by the Lieutenant Governor in Council, and the expenses of the members of the board incurred in performing their duties as members must be paid from and out of the fund.

Establishment of pension plan

409(1)    With the approval of the Lieutenant Governor in Council, the board may establish and vary a plan for providing pensions or superannuation allowances for employees.

Additional benefits under plan

409(2)    In addition to pensions or superannuation allowances, a plan established under subsection (1) may provide other benefits for employees or their dependants or survivors, or any of them, including disability allowances, life insurance, and allowances for surviving dependants or surviving spouses, or both, of deceased employees or deceased pensioners.

Establishment of fund

410(1)    A plan established under section 409 must provide for the establishment of a fund to be known as "The Municipal Employee Benefits Fund".

Deposits to fund

410(2)    All contributions of municipalities and employees under a plan established under section 409 must be paid to and deposited in the fund in accordance with the provisions of the plan.

Custody of fund

410(3)    The board has custody of the fund and must administer it under the direction of the chairperson.

Authority for temporary borrowing

410(4)    The board may borrow or raise money for temporary purposes by way of overdraft, line of credit, loan or otherwise upon the credit of the board in such amounts, not exceeding in the aggregate an amount fixed by the Lieutenant Governor in Council, upon such terms, for such periods, and upon such other conditions, as the board may determine.

Audit

411       The fund and the accounts of the board must be examined, checked and audited by the Provincial Auditor from time to time and at least annually.

Investments

412       Money in the fund may be invested in the securities in which funds for pension plans are authorized to be invested under The Pension Benefits Act or the regulations made under that Act.

Appointment of actuary

413(1)    With the approval of the minister, the board may appoint an actuary and may fix his or her remuneration.

Triennial actuarial report

413(2)    The board must cause an actuarial report to be made on the status of the fund in every third year after the establishment of a plan under section 409 and at such other times as the board considers necessary or advisable.

Submission of report to minister

413(3)    The board must submit a copy of each actuarial report made under this section to the minister who must cause the report to be laid before the assembly, if the Legislature is then in session without delay, or if the Legislature is not in session, within 15 days after the beginning of the next session.

Administration of plan by board

414(1)     After the establishment of a plan under section 409, the board must administer it, including determining benefits to be granted under the plan.

Staff for board

414(2)    With the approval of the minister, the board may employ staff required for the purposes of the board.

Costs of board

414(3)    The costs of the board shall be paid from and out of the fund.

Advances by government

414(4)    The Minister of Finance may advance money to the board from the Consolidated Fund from and out of money authorized under an Act of the Legislature to be paid and applied for the purpose of the administration of this Act, and the money from time to time advanced under this subsection, together with interest at the rate that, in the opinion of the Minister of Finance, the government would be required to pay on money borrowed by the government on the date of each advance, over the period of time that the minister may determine.

Regulations

415       The board may make regulations

(a) respecting the administration of a plan established under section 409;

(b) prescribing forms for use under the plan;

(c) respecting procedure at its meetings.

Extension of time limits

416       Despite any regulation made under section 415 or the provisions of any plan established under section 409, the board may extend a time limit within which a person is required or permitted under the regulations or the plan to take any action or make an election where the delay is, in the opinion of the board, of a minor nature.

End of Part 13

PART 14

MISCELLANEOUS

REGULATIONS

L.G. in C. regulations

417(1)    The Lieutenant Governor in Council may make regulations

(a) respecting any matter that the minister considers is not provided for or is not sufficiently provided for in this Act;

(b) restricting the power or duty of a council to pass by-laws.

Retroactive regulation

417(2)    A regulation made under subsection (1) may be made retroactive to a date not earlier than the day this Act comes into force.

Time limitation on regulation

417(3)    A regulation made under subsection (1) is repealed on the earliest of

(a) the coming into force of an amendment that adds the matter to this Act;

(b) the coming into force of a regulation that repeals the regulation made under subsection (1); and

(c) two years after the regulation made under subsection (1) is made.

Regulations by minister

418(1)    The minister may make regulations

(a) for the purpose of subsection 164(5), respecting the maximum amount of money a municipality may transfer in a fiscal year from an accumulated surplus or a reserve fund established for a general purpose to an operating budget or capital budget;

(b) for the purpose of clause 180(1)(d), respecting the maximum amount of money a municipality may lend;

(c) for the purpose of clause 181(2)(g), authorizing investments;

(d) for the purpose of clause 232(2)(e), respecting terms, conditions and fees that may be imposed in respect of licences, permits and approvals and agreements related to licences, permits and approvals;

(e) for the purpose of subclause 236(1)(b)(ii), respecting fines and penalties;

(f) for the purpose of section 262 (municipal records), respecting the retention and disposition of municipal records;

(g) for the purpose of subsection 263(1) (municipal records to be provided on request), respecting municipal records to be kept at municipal offices;

(h) for the purpose of section 308, prescribing limitations on fees set on businesses in lieu of taxes;

(i) for the purpose of clause 343(1)(c), prescribing the annual rate of interest to be paid on excess taxes;

(j) for the purpose of section 344, prescribing limitations on discounts allowed for the prepayment of taxes;

(k) for the purpose of subsection 346(2), prescribing limitations on penalties set in respect of tax arrears;

(l) for the purpose of the definition "costs" in subsection 363(1), respecting administration fees payable to municipalities in respect of tax sales;

(m) for the purpose of clause 391(e), respecting criteria to be considered in determining a standard of care for protective fire services;

(n) respecting the form or content of anything required to be done by a municipality under this Act;

(o) defining words or phrases used in this Act or in a regulation for which no definition is given in this Act;

(p) enlarging or restricting the meaning of a word or expression used in this Act;

(q) respecting any other matter the minister considers necessary or advisable to carry out the intent and purpose of this Act.

Consultation with Municipal Advisory Committee

418(2)    Except in circumstances considered by the minister to be an emergency, the minister must in the formulation or review of regulations under this Act provide an opportunity for consultation with, and seek the advice and recommendations of, a committee to be appointed by the minister and to be known as the Municipal Advisory Committee.

Publication is proof of compliance

419       Publication in The Manitoba Gazette of a regulation made under this Act is conclusive proof of compliance with any condition required to make the regulation.

NOTICE

Notice of a public hearing

420(1)    When this Act requires public notice to be given of a public hearing, the municipality must

(a) publish the notice at least twice in a newspaper or other publication having general circulation in the municipality, during the period starting 40 days before the hearing and ending seven days before it, and the publications being at least six days apart; and

(b) post the notice in the municipal office for at least 14 days in the period described in clause (a).

Content of the notice

420(2)    A notice of a public hearing under subsection (1) must set out

(a) the date, time and place of the public hearing;

(b) a general description of the matter to be considered;

(c) that the purpose of the hearing is to allow any interested person to make a representation, ask questions or register an objection; and

(d) that any information and documents concerning the matter and the procedures to be followed at the hearing are available for review at the municipal office or other place in the municipality.

Other public notices

420(3)    When this Act requires public notice of a matter other than a public hearing, the municipality must

(a) publish the notice at least once in a newspaper or other publication having general circulation in the municipality, at least seven days before any proposed action in respect of the matter is to be taken; and

(b) post the notice in the municipal office for at least 14 days .

Content of other public notices

420(4)    A notice under subsection (3) must set out

(a) a general description of the matter;

(b) the nature of any proposed action and when and where the action could be taken; and

(c) that any information and documents about the matter and the procedures to be followed concerning any proposed action are available for review at the municipal office or other place in the municipality.

Certification of public notice

420(5)    A certificate of a designated officer certifying that public notice has been given in accordance with this section is prima facie proof of the matters set out in the certificate and is admissible in evidence without proof of the appointment or signature of the person who signed it.

Service of notices and other documents

421(1)    Except when this Act provides otherwise, where a notice or other document is required to be given, sent to, or served on a person, service may be effected

(a) by delivering a copy of it personally; or

(b) by sending a copy of it to the person by registered or certified mail or by other type of mail, delivery or facsimile transmission or other type of communication facility, for which confirmation of the notice having been sent may be obtained.

Notice of public hearing

421(2)    When a municipality is required to give notice to a person about a public hearing, the notice must set out the same content, and be given at the same time, as public notice is given under subsections 420(1) and (3).

Posting of notice

421(3)    If for any reason notice cannot be given in accordance with subsection (1), notice may instead be given by posting it in the municipal office for at least 15 days.

Service of documents on a municipality

422       Any person may serve a notice or other document on a municipality

(a) by serving it personally on the chief administrative officer or the head of council; or

(b) by sending it by certified or registered mail to the chief administrative officer at the municipal office.

CERTIFIED COPIES OF MUNICIPAL RECORDS

Admissibility of certified copy in evidence

423(1)    A copy of a municipal record certified by a designated officer to be a true copy of the original record is, in the absence of evidence to the contrary, proof of the record.

Admissibility of record in converted form

423(2)    A copy of a municipal record that has been converted from one form to another and stored in accordance with the regulations is, in the absence of evidence to the contrary, proof of the record if a designated officer certifies that

(a) the record was converted and stored in accordance with the regulations; and

(b) the copy is a true copy of the record as converted.

Certificate

423(3)    The certificate of a designated officer is admissible in evidence without proof of the appointment or signature of the person who signed the certificate.

Judicial notice

423(4)    When a municipal by-law or resolution certified in accordance with this section is filed with the clerk of any court, the court must take judicial notice of it when an action is brought in the court.

Deemed change of certain terms

424       In any provision of an Act, regulation or by-law applicable to a municipality, a reference to a term listed in Column 1 of the following Table is deemed to be a reference to the corresponding term listed opposite in Column 2:

Table

Column 1 Column 2

clerk, municipal clerk,

secretary, treasurer,

secretary treasurer, or chief administrative  administrative officer    officer

mayor or reeve head of council

inspector, licence inspector designated officer

chief constable chief of police

End of Part 14.

PART 15

TRANSITIONAL PROVISIONS

Definitions

425       In this Part,

"former Municipal Act" means The Municipal Act, R.S.M. 1988, c. M225, as amended to the day before this Act comes into force; and (« ancienne loi sur les municipalités »)

"special Act" means the Acts referred to in section 426. (« loi spéciale »)

Continuation of certain Acts

426        The following Acts are continued to the extent that they are not inconsistent with this Act:

(a) The Brandon Charter, S.M. 1989-90, c. 71;

(b) The Flin Flon Charter, S.M. 1989-90, c. 72;

(c) The Portage la Prairie Charter, S.M. 1989-90, c. 77;

(d) The Thompson Charter, S.M. 1989-90, c. 83.

Towns, villages and cities continued as urban municipalities

427(1)    A municipality incorporated or continued as a town or village under the former Municipal Act or as a city under a special Act is continued under this Act as an urban municipality.

Rural municipalities continued as rural municipalities

427(2)    A municipality incorporated as a rural municipality under the former Municipal Act is continued under this Act as a rural municipality.

L.G.D.s continued as towns

428(1)    The local government districts of Churchill, Gillam, Grand Rapids and Lynn Lake are continued under this Act as urban municipalities, each under the name "The Town of [insert name]".

L.G.D.s continued as rural municipalities

428(2)    The local government districts of Alexander, Alonsa, Armstrong, Consol, Fisher, Grahamdale, Mountain, Park, Piney, Reynolds and Stuartburn are continued under this Act as rural municipalities, each under the name "The Rural Municipality of [insert name]".

Effect of continuation of municipality or L.G.D

429       A municipality or local government district that is continued as a municipality under this Act is deemed for all purposes to have been formed as a municipality under this Act.

Annexation in process under former Act

430       An application for annexation or amalgamation commenced under section 20 of the former Municipal Act but not completed when this Act comes into force is to continue under the former Municipal Act.

Councils of municipalities continued

431(1)    The council of a municipality referred to in section 427 is continued as a council under this Act.

Members continue as if elected under this Act

431(2)    Each member of the council of a municipality referred to in section 427 continues to hold office as if elected a member of the council under this Act.

Application of clause 91(d) and subsection 92(7)

431(3)     Clause 91(d) (municipal employees who are disqualified) and subsection 92(7) (employee elected as member of council or committee of L.U.D.) do not apply to an employee of a municipality who is a member of the council of the municipality or the committee of a local urban district in the municipality at the time this Act comes into force until the term of office for which the employee was elected expires or the employee ceases to be a member of the council or committee.

Elected committees and councils of L.G.D.s continued

432(1)    An elected committee or council of a local government district referred to in section 428 is continued as a council under this Act.

Members of committees and councils continued

432(2)    Each member of a committee or council continued under subsection (1) continues to hold office as if elected a member of the council under this Act.

Resident administrator of L.G.D.

433       The resident administrator of a local government district continued as a municipality under section 428 is deemed to have been appointed as the chief administrative officer of the municipality under this Act.

Continuation of unincorporated village districts

434(1)    An unincorporated village district formed under the former Municipal Act is continued under this Act as a local urban district.

Continuation of unincorporated urban districts

434(2)    An unincorporated urban district formed under The Local Government Districts Act is continued under this Act as a local urban district.

Committees of U.V.D.s and U.U.D.s continued

434(3)    The committee of an unincorporated village district referred to in subsection (1) or an unincorporated urban district referred to in subsection (2) is continued as the committee of a local urban district and, until the first general election following the coming into force of this section, consists of

(a) those persons who were members of the committee of the unincorporated village district or the unincorporated urban district immediately before the coming into force of this subsection; and

(b) a councillor appointed by the council of the municipality in accordance with section 112.

Members of committees continued

434(4)    Each member of a committee referred to in clause (2)(a) continues to hold office as if elected a member of the committee under this Act.

Effect of continuation of U.V.D.s and U.U.D.s

434(5)    An unincorporated village district or unincorporated urban district that is continued as a local urban district under this Act is deemed for all purposes to have been formed as a local urban district under this Act.

By-elections before first general election

434(6)     Despite anything in this Act, when the office of a member of a committee referred to in subsection (4) (in this subsection referred to as a  "member who holds office as if elected") becomes vacant before the first general election following the coming into force of this section, a by-election is not required if

(a) the committee has remaining at least two members who hold office as if elected; and

(b) a majority of the members then on the committee request, not later than 30 days after the vacancy occurs, that council not hold a by-election.

By-laws, resolutions, appointments and other decisions

435(1)    A by-law or resolution passed by a council or an appointment or other decision made by or in respect of a municipality under the former Municipal Act or a special Act, or under a provision of another Act amended or repealed by this Act, continues with the same effect as if it had been passed or made under this Act.

Organizational by-law and procedures by-law

435(2)    The council of each municipality must pass an organizational by-law and a procedures by-law in accordance with sections 148 (organizational by-law) and 149 (procedures by-law) within six months after the coming into force of this Act.

Licences, permits, approvals and authorizations

436       Licences, permits, approvals and authorizations issued under by-laws or resolutions made under the former Municipal Act or a special Act, or under a provision of another Act amended or repealed by this Act, continue as if they had been issued or made or under this Act.

Agreements and contracts

437       The agreements and contracts of a municipality under the former Municipal Act or a special Act, or under a provision of another Act amended or repealed by this Act, that are in force immediately before the coming into force of this Act are continued as if they were made under this Act, subject to any provision of this Act that affects them.

Continuation of Schedule 7 of former Municipal Act

438       Despite the repeal of the former Municipal Act, Schedule 7 (rules respecting residence) of that Act is continued for the purpose of Division 4 (Municipal Assistance) of Part 9 (Duties of Municipalities) of this Act.

Funds and reserves under former Act

439       Where money has been paid into or required to be kept in a particular fund or a reserve fund under the former Municipal Act, the fund is continued and must be administered in accordance with this Act.

Borrowing

440       Nothing in this Act affects a borrowing made under the former Municipal Act or a special Act.

Continuation of tax and penalty

441       A tax and a penalty in respect of a tax imposed before the coming into force of this Act continues with the same effect as if imposed under this Act.

Tax rolls and tax notices

442       A tax roll and a tax notice prepared before the coming into force of this Act continue with the same effect as if prepared under this Act.

Tax sales and redemptions

443       Where land within a municipality is sold for taxes before the coming into force of this Act, the provisions of the former Municipal Act respecting the rights, powers and obligations of the municipality, the tax purchaser and the person who owned the land before the sale continue to apply in respect of the land until the period for the redemption of the land provided for under that Act has expired.

Application of former Municipal Act to City of Winnipeg

444       Despite the repeal of the former Municipal Act, the provisions of that Act continue to apply to The City of Winnipeg to the extent that the former Act is made applicable to The City of Winnipeg by that Act or The City of Winnipeg Act, but subject to the provisions of this Act that are expressly stated to apply to The City of Winnipeg.

Transitional regulations

445       The Lieutenant Governor in Council may make regulations

(a) respecting the transition or conversion to this Act of anything from the former Municipal Act, a special Act or any other Act amended by this Act; and

(b) to deal with any difficulty or impossibility resulting from this Act or the transition to this Act from the former Municipal Act, a special Act or any other Act amended by this Act.

End of Part 15

PART 16

CONSEQUENTIAL AMENDMENTS

The Animal Diseases Act

C.C.S.M. c. A85 amended

446(1)    The Animal Diseases Act is amended by this section.

446(2)    Subsection 15(1) is amended by striking out "Where the council of a municipality by by-law so provides, the municipality" and substituting "A municipality".

446(3)    Subsection 15(2) is amended by striking out "Where the council of a municipality by a by-law so provides, the municipality" and substituting "A municipality".

The Boundary Lines and Line Fences Act

C.C.S.M. c. B70 amended

447       Subsection 3(2) of The Boundary Lines and Line Fences Act is amended by striking out "under clause 371(1)(f) of The Municipal Act" and substituting "regulating or fixing the height, extent and description of line or boundary fences and for determining the apportionment of costs,".

The Corporations Act

C.C.S.M. c. C225 amended

448       Subsection 3(2)of The Corporations Act is amended by striking out "or" at the end of clause (a), by adding "or" at the end of clause (b), and by adding the following after clause (b):

(c) to a municipality that is formed or continued under The Municipal Act.

The Crop Payments Act

C.C.S.M. c. C320 amended

449       Section 5 of The Crop Payments Act is amended by striking out "or the preferential lien upon crops given to a municipality for amounts advanced for the purchase of seed grain,".

The Elderly and Infirm Persons' Housing Act

C.C.S.M. c. E20 amended

450(1)    The Elderly and Infirm Persons' Housing Act is amended by this section.

450(2)    Subsection 16(1) is amended by striking out ", and the grant may exceed three mills on the latest revised assessment of the municipality".

450(3)    Clause 17(1)(c) is amended by striking out "to which section 448 of The Municipal Act applies".

The Expropriation Act

C.C.S.M. c. E190 amended

451       The Expropriation Act is amended by adding the following after subsection 8(2):

Considerations in municipal expropriation

8(3)      In respect of the expropriation of land in a municipality by another municipality, The Municipal Board shall include in its considerations the interests of each municipality and the owner and occupier of the land, the need for the proposed expropriation, the availability of other land, and any alternative to expropriating the land.

Jurisdiction over expropriated land

8(4)      Land expropriated in a municipality by another municipality remains subject to the jurisdiction of the municipality in which it is situated and is subject to any tax levied by that municipality in respect of the land, unless the municipalities otherwise agree or The Municipal Board otherwise orders.

The Fires Prevention Act

C.C.S.M. c. F80 amended

452(1)    The Fires Prevention Act is amended by this section.

452(2)    The following is added after subsection 27(9):

Application to former L.G.D.

27(10)    This section does not apply to local government districts continued as municipalities under section 428 of The Municipal Act.

452(3)    Subclause 35(3)(d)(iv) is amended by striking out "as provided for under The Municipal Act and for" and substituting "and".

The Health Services Act

C.C.S.M. c. H30 amended

453       Section 80 of The Health Services Act is amended by repealing clauses (a) and (b) and substituting "by the latest census taken under the Statistics Act (Canada) for which the returns are available".

The Health Services Insurance Act

C.C.S.M. c. H35 amended

454        Subsection 2(2) of The Health Services Insurance Act is amended in the part following clause (b) by adding "Division 4 (Municipal Assistance) of Part 9 (Duties of Municipalities) of" after "as set out in".

The Highway Traffic Act

C.C.S.M. c. H60 amended

455(1)    The Highway Traffic Act is amended by this section.

455(2)    Subsection 1(1) is amended in clause (b) of the definition "traffic authority" by striking out "the Minister of Rural Development" and substituting "The Municipal Board".

455(3)    Subsection 105(2) is amended by striking out "the Minister of Rural Development" and substituting "The Municipal Board".

The Hospitals Act

C.C.S.M. c. H120 amended

456       Section 1 of The Hospitals Act is amended in the definition "resident" by adding "of Division 4 (Municipal Assistance) of Part 9 (Duties of Municipalities)" after "within the meaning".

The Interpretation Act

C.C.S.M. c. I80 amended

457(1)    The Interpretation Act is amended by this section.

457(2)    Subsection 22(1) is amended in the definitions "city", "rural municipality", "town", and "village", by striking out "as defined by" and substituting "as designated under".

457(3)    The definition ' "municipal clerk" or "clerk"' in subsection 22(1) is amended

(a) by adding "the chief administrative officer or" after "means"; and

(b) by adding "the acting chief administrative officer," after "are combined, and".

The Land Rehabilitation Act

C.C.S.M. c. L50 amended

458(1)    The Land Rehabilitation Act is amended by this section.

458(2)    Subsection 2(4) is amended by striking out "section 209 of The Municipal Act" and substituting "The Planning Act".

458(3)    Subsection 8(4) is amended by striking out "and submitted to a vote of the ratepayers of the municipality and approved by 3/5 of those voting thereon".

The Local Government Districts Act

C.C.S.M. c. L190 amended

459(1)    The Local Government Districts Act is amended by this section.

459(2)     The following is added after section 1:

Indian Reserves excluded

1.1       Despite any Act of the Legislature,

(a) land within an Indian Reserve is not part of the area of any local government district;

(b) persons residing within an Indian Reserve are not residents of any local government district; and

(c) any description of the boundaries of a local government district or the area within a local government district is deemed to provide that land within an Indian Reserve is excluded from the local government district.

459(3)    Clause 5(1)(b) is amended by striking out "subsection (2)" and substituting "subsections (2) and (2.2)".

459(4)    Clause 5(2)(a) is repealed and the following is substituted:

(a) to appoint, revoke or suspend the appointment of a chief administrative officer under Part 4 of The Municipal Act; and

459(5)    The following is added after subsection 5(2):

Resident administrator

5(2.1)    Subject to any limitation set out in an agreement authorized under this Act, the resident administrator may carry out the powers and duties under subsection (1), but before doing so shall consult with any local committee appointed under clause 9(1)(b).

459(6)    Subclause 9(1)(c)(i) is amended by striking out "Division 1 of Part II" and substituting "sections 90 (eligibility for nomination and election) and 91 (persons who are disqualified)".

459(7)    Subsection 9(8) is repealed.

459(8)    Subsection 9(9) is amended by striking out "Division III of Part I" and substituting "Subdivision 5 (Regulations) of Division 2 of Part 2 (Formation, Fundamental Changes and Dissolution)".

459(9)    The following provisions are repealed:

(a) subsection 12(4);

(b) subsection 14(4);

(c) subsection 15(1);

(d) section 16;

(e) section 18.

459(10)   Section 20 is repealed and the following is substituted:

Delegation of powers

20        The minister may delegate to any person employed in the administration of this Act a duty or power conferred or imposed on the minister under this Act.

459(11)   The following is added after subsection 22(3):

Certain names to be omitted from list of electors

22(4)     Section 36.1 (personal security protection on lists and records) of The Local Authorities Election Act applies with necessary modifications to a resident administrator and to the preparation of a list of electors by a resident administrator under this section.

459(12)   Subsection 33(1) is amended

(a) in clause (a), by striking out "all" in the part preceding subclause (i) and substituting "subject to clause (a.1), all"

(b) by adding "and" at the end of subclause (a)(ii) and by repealing subclauses (a)(iii) and (iv); and

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

(a.1) the provisions of The Municipal Act respecting the qualifications and nomination of candidates apply;

459(13)   The Schedule is amended by striking out "The Local Government District of Lynn Lake."

The Municipal Assessment Act

C.C.S.M. c. M226 amended

460(1)    The Municipal Assessment Act is amended by this section.

460(2)    Subsection 1(1) is amended in clause (b) of the definition"total municipal assessment" by striking out "section 798 of".

460(3)    Clause 25(2)(c) is amended by striking out "section 274 of The Municipal Act" and substituting "The Water Resources Administration Act".

460(4)    Clause 31(4)(j) is amended by striking out "section 717.1 of The Municipal Act" and substituting "The Mines and Minerals Act".

The Municipal Affairs Administration Act

C.C.S.M. c. M230 amended

461(1)    The Municipal Affairs Administration Act is amended by this section.

461(2)    Clause 8(1)(a) is repealed.

461(3)    Subsection 8(2) is repealed.

461(4)    Subsection 8(3) is amended

(a) in the English version, by adding "the" before "Union of Manitoba Municipalities"; and

(b) by striking out "Manitoba Urban Association" and substituting "the Manitoba Association of Urban Municipalities".

461(5)    The following is added after section 11:

Local government districts continued as municipalities

11.1      The minister shall apportion among, and levy against, municipalities that were local government districts that are continued as municipalities under section 428 of The Municipal Act such sums as the minister is required to apportion among them for the purpose of contributing to the cost of providing social allowances in the municipality.

461(6)    Section 12 is repealed.

The Municipal Council Conflict of Interest Act

C.C.S.M. c. M255 amended

462       Subsection 9(1) of The Municipal Council Conflict of Interest Act is repealed and the following is substituted:

Annual statement of assets and interests

9(1)      Not later than the last day in November of each year, and in the case of The City of Winnipeg, not later than the fourth Wednesday in November of each year, every councillor shall file with the clerk of the municipality a statement disclosing assets and interests in accordance with section 10.

The Northern Affairs Act

C.C.S.M. c.N100 amended

463       The Northern Affairs Act is amended by adding the following after section 110:

Application of the former Municipal Act

111       Notwithstanding the repeal of The Municipal Act, R.S.M. 1988, c. M225, the provisions of that Act continue to apply to Northern Manitoba to the extent provided for in this Act immediately before the repeal of that Act and until this Act otherwise provides.

The Noxious Weeds Act

C.C.S.M. c. N110 amended

464(1)    The Noxious Weeds Act is amended by this section.

464(2)    Subsection 27(1) is amended by striking out "placed upon the collectors roll" and substituting "entered in the tax roll".

464(3)    Subsection 27(2) is repealed and the following is substituted:

Expenses collected as taxes

27(2)     The sums entered in the tax roll shall be collected in the same manner as other taxes imposed by the municipality.

464(4)    Subsection 28(3) is amended by striking out "placed upon the collectors roll" and substituting "entered in the tax roll".

464(5)    Subsection 31(3) is amended by striking out ", by by-law,".

The Ombudsman Act

C.C.S.M. c. O45 amended

465(1)    The Ombudsman Act is amended by this section.

465(2)    Section 1 is amended by adding the following definitions in alphabetical order:

"chief administrative officer" has the same meaning as in The Municipal Act; (« directeur général »)

"council" has the same meaning as in The Municipal Act; (« conseil »)

"head of council" has the same meaning as in The Municipal Act; (« président du conseil »)

"municipality" has the same meaning as in The Municipal Act; (« municipalité »)

465(3)    Section 15 is repealed and the following is substituted:

Investigations

15        The Ombudsman may, on a written complaint or on his own initiative, investigate

(a) any decision or recommendation made, including any recommendation made to a minister, or any act done or omitted, relating to a matter of administration in or by any department or agency of the government, or by any officer, employee or member thereof, whereby any person is or may be aggrieved; or

(b) any decision or recommendation made, including any recommendation made to a council, or any act done or omitted, relating to a matter of administration in or by any municipality or by any officer or employee of a municipality, whereby any person is or may be aggrieved.

465(4)    Subsection 16(2) is amended in the part preceding clause (a) by striking out "or agency of the government" and substituting ", agency of the government or municipality,".

465(5)    Clause 17(c) is amended by adding "municipality," after "government,".

465(6)    Section 18 is amended by adding the following after clause (a):

(a.1) any resolution or by-law of a council of a policy nature;

465(7)    Subsection 23(2) is amended

(a) by striking out "or agency of the government" and substituting ", agency of the government or municipality"; and

(b) by adding "municipality," after "department, agency,".

465(8)    Section 25 is amended by adding ", or the chief administrative officer of the municipality affected," after "affected".

465(9)    Section 28 is amended

(a) by adding "municipality" after "agency of the government,"; and

(b) by adding "municipality" after "department, agency," wherever it occurs.

465(10)   Subsection 29(1) is amended by adding "or head of council" after "minister".

465(11)   Subsection 29(2) is amended

(a) by striking out "by a department or agency of the government" and substituting "by a department, agency of the government or municipality"; and

(b) by adding "or the chief administrative officer of the municipality"at the end of the subsection.

465(12)   Subsection 30(1) is amended in the part following clause (b) by striking out "department or agency of the government" wherever it occurs and substituting "department, agency of the government or municipality".

465(13)   Clause 30(2)(a) is amended by striking out "department or agency of the government" and substituting "department, agency of the government or municipality".

465(14)   Subsection 35(1) is amended by striking out "department or agency of the government" and substituting "department, agency of the government or municipality".

465(15)   Subsection 35(2) is amended by adding "or the chief administrative officer of the municipality" after "government".

465(16)   Subsection 36(1) is amended by striking out the part following clause (c) and substituting the following:

the Ombudsman shall report his opinion and his reasons and may make such recommendations as he thinks fit

(d) to the appropriate minister and to the department or agency of the government concerned; or

(e) to the appropriate head of council.

465(17)   The following is added after subsection 36(2):

Report considered at closed meeting

36(3)     Where the Ombudsman reports to a head of council under clause (1)(e), the head of council shall at the next meeting of council close the meeting to the public in accordance with The Municipal Act, and council shall meet as a committee to discuss the report.

465(18)   Subsection 37(1) is amended by striking out "or agency of the government" and substituting ", agency of the government or municipality".

465(19)   Subsection 37(2) is amended by striking out everything after "behalf" and substituting the following:

"of the department, agency of the government or municipality affected, may report the matter, including a copy of the report containing the recommendations,

(a) in the case of a report under clause 36(1)(d), to the Lieutenant Governor in Council; and

(b) in the case of a report under clause 36(1)(e),to the head of council;

and may mention the report in the Ombudsman's next annual report to the Assembly."

465(20)   Subsection 37(3) is amended by striking out "or agency of the government" and substituting ", agency of the government or municipality".

465(21)   The following is added after subsection 37(3):

Report tabled at council meeting

37(4)     Where the Ombudsman reports to the head of council under clause (2)(b), the head of council shall table the report at the next meeting of council.

465(22)   Section 43 is amended by striking out "or agency of the government" and substituting ", agency of the government or municipality,".

The Planning Act

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

466(1)    The Planning Act is amended by this section.

466(2)    Subsection 46(1) is amended by striking out ", notwithstanding the provisions of section 120 of The Municipal Act".

466(3)    Subclause 60(3)(f)(i) is amended by striking out "section 272 of".

466(4)    Subsection 63(2) is amended by striking out "section 120 of".

466(5)    Subsection 74(3) is amended by striking out "section 568 of".

466(6)    Subsection 75(7) is amended by striking out ", notwithstanding the provisions of section 120 of The Municipal Act".

The Public Libraries Act

C.C.S.M. c. P220 amended

467(1)    The Public Libraries Act is amended by this section.

467(2)    Section 1 is amended in the definition "elector" by striking out "under The Local Authorities Election Act".

467(3)    Subsection 22(6) is repealed.

467(4)    Section 32 is amended by striking out "under the provisions of its charter and".

The Public Schools Act

C.C.S.M. c. P250 amended

468(1)    The Public Schools Act is amended by this section.

468(2)    Subsection 212(9) is repealed and the following is substituted:

Board approval

212(9)    A by-law passed under subsection (8) is subject to the approval of The Municipal Board.

468(3)    Subsection 213(9) is amended by striking out "section 471" and substituting "Division 4 (Investments) of Part 6 (Financial Administration)".

The Public Utilities Board Act

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

469       Subsection 82(16) of The Public Utilities Board Act is repealed and the following is substituted:

Board authorization

82(16)    A by-law may not be passed under subsection (15) unless it is authorized by the board.

The Real Property Act

C.C.S.M. c. R30 amended

470       Clause 190(b) of The Real Property Act is amended by striking out "a corporation or the want of capacity in a corporation" and substituting "a corporation or a municipality, as defined in The Municipal Act, or the lack of capacity in a corporation or municipality".

The Regional Waste Management Authorities Act

C.C.S.M. c. R38 amended

471       Clause 11(2)(i) of The Regional Waste Management Authorities Act is amended by striking out "section 490 of".

The Seed and Fodder Relief Act

C.C.S.M. c. S80 amended

472       Section 8 of The Seed and Fodder Relief Act is repealed.

The Social Allowances Act

C.C.S.M. c. S160 amended

473(1)    The Social Allowances Act is amended by this section.

473(2)    The following is added after section 1:

Former local government districts

1.1       In this Act, "municipality", other than in clause 5.1(a), does not include a municipality that was a local government district and that is continued as a municipality under section 428 of The Municipal Act.

473(3)    Clause 5.1(a) is amended by striking out "or an unorganized territory" and substituting ", an unorganized territory or a municipality that was a local government district continued as a municipality under section 428 of The Municipal Act".

473(4)    Subsection 5.3(2) is amended by striking out "subsection 451(2)" and substituting "section 277".

473(5)    Subsection 11(1) is amended by striking out "subsection 451(2)" and substituting "section 277".

473(6)    Subsection 11(6) is amended

(a) in clause (b), by striking out "subsection 451(1)" and substituting "section 275"; and

(b) in clause (c), by striking out "subsection 451(2)" and substituting "section 277".

473(7)     Clause 19(1)(p) is amended by striking out "under subsection 451(2) of The Municipal Act" and substituting "made under The Municipal Act with respect to municipal assistance".

473(8)    Subsection 22(1) is amended

(a) in subclause (a)(i) by striking out "or a municipal by-law made under clause 451(2)(b) of The Municipal Act"; and

(b) in clause (b) by striking out "clause 451(2)(b)" and substituting "section 277".

The Soldiers' Taxation Relief Act

C.C.S.M. c. S180 amended

474       Section 1 of The Soldiers' Taxation Relief Act is amended in the definition "property" by striking out "Part XII of The Municipal Act" and substituting "The Municipal Assessment Act".

The Summary Convictions Act

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

475       Subclause 23.3(8)(b)(ii) of The Summary Convictions Act is amended by striking out "section 215.1 of".

The Water Supply Commissions Act

C.C.S.M. c. W100 amended

476(1)    The Water Supply Commissions Act is amended by this section.

476(2)    Clause 10(1)(d) is repealed.

476(3)    Section 12 is amended in the part preceding clause (a) by adding "for ratification" after "submit it".

476(4)    Sections 13 to 16 are repealed.

476(5)    Section 17 is amended by striking out "has been ratified by a by-law of" and substituting "is ratified by".

The City of Winnipeg Act

S.M. 1989-90 c. 10 amended

477(1)    The City of Winnipeg Act is amended by this section.

477(2)    Clause 4(1)(b) is repealed and the following is substituted:

(b) alter the area or boundaries of the city when

(i) a rural municipality is formed from land within the boundaries of the city under Division 4 of Part 2 of The Municipal Act,

(ii) land within the boundaries of the city is annexed by a municipality under Division 4 of Part 2 of The Municipal Act, or

(iii) the city has annexed land outside its boundaries under Division 2 of Part 2 of The Municipal Act;

477(3)    Subsections 4(3) and (4) are repealed.

477(4)    Section 4.1 is repealed.

477(5)    Clause 88(1)(c) is repealed and the following is substituted:

(c) a resident of the province;

(c.1) an elector as determined under The Local Authorities Election Act; and

477(6)    Subsection 88(2) is repealed.

477(7)    Clause 90(1)(f) is repealed and the following is substituted:

(f) a person who, after his or her nomination, ceases to be qualified as an elector under The Local Authorities Election Act.

477(8)    Subsection 90(5) is repealed.

477(9)    Subsection 212(5) is amended by striking out "at the same rate as is provided for in this section as a penalty" and substituting ", from the date they were paid, at the rate prescribed by regulation under clause 343(1)(c) of The Municipal Act".

477(10)   Section 543 is amended by striking out "of Part VI" and substituting"(Powers of Board) of Division II (Public Parks) of Part VI".

477(11)   The following is added after section 673:

References to The Municipal Act

673.1     Notwithstanding the repeal of The Municipal Act, R.S.M. 1988, c. M225, a reference to The Municipal Act in this Act, other than in clause 4(1)(b), is deemed to be a reference to that Act as it was immediately before its repeal, until an Act of the Legislature otherwise provides.

PART 17

REPEAL, C.C.S.M. REFERENCE, COMING INTO FORCE

Repeal

478       The Municipal Act, R.S.M. 1988, c. M225, is repealed.

C.C.S.M. reference

479       This Act may be cited as The Municipal Act and referred to as chapter M225 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

480       This Act comes into force on a day fixed by proclamation.