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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
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 »)
1(2) Whenever this Act provides that a thing "shall" be done or "must" be done, the obligation is imperative.
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).
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
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.
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.
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
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.
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
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
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.
10(3) A proponent may initiate a proposal to form or dissolve a municipality by filing a written proposal with The Municipal Board.
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.
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).
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.
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).
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.
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
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.
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.
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
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.
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).
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.
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.
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.
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.
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).
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.
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
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.
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.
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.
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.
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.
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.
30(1) The Lieutenant Governor in Council may form a municipality by 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.
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).
31(1) The Lieutenant Governor in Council may dissolve a municipality by 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
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.
33(1) The change of a name of a municipality does not affect any obligation, right, action or property of the municipality.
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
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.
34(2) A proponent may initiate a proposal under subsection (1) by filing a written proposal with The Municipal Board.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
46(1) The Lieutenant Governor in Council may by regulation amalgamate municipalities to form a new municipality.
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).
47 The Lieutenant Governor in Council, on the recommendation of the minister, may by regulation annex land from a municipality to another municipality.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
64(1) The Lieutenant Governor in Council may make a regulation forming a local urban district.
64(2) A formation regulation must state the name of the district and describe its area.
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.
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.
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
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.
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.
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.
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.
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.
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.
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
77(1) Each municipality is governed by a council.
77(2) A council is a continuing body.
78 A council is composed of
(a) the head of the council; and
(b) not fewer than four and not more than 10 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.
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.
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.
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.
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.
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.
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.
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.
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.
87(4) The council must give public notice of the proposed by-law before third reading.
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.
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.
89(2) The Municipal Board must hold a hearing when it conducts a 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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
95(4) An application for a declaration under this section may be made by the council or by 10 or more electors.
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.
96(1) The decision of a court under section 95 may be appealed to The Court of Appeal.
96(2) A person who is declared to be disqualified under section 95 remains disqualified until the appeal is finally determined.
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.
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.
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.
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.
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.
104(1) The resignation of a member must be in writing and given to the chief administrative officer.
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) &n