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The Northern Affairs Amendment Act

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If you need an official copy, contact Statutory Publications.

S.M. 1997, c. 12

THE NORTHERN AFFAIRS AMENDMENT ACT


 

(Assented to June 28, 1997)

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

C.C.S.M. c. N100 amended

1         The Northern Affairs Act is amended by this Act.

2         Section 1 is amended by adding the following definition in alphabetical order:

"bank" includes a credit union and trust company; (« banque »)

3         Section 2 is amended

(a) by striking out ""latest revised assessment roll""; and

(b) by adding ""assessment roll"" in alphabetical order.

4         Subsection 5(2) is amended by adding ", S.M. 1996, c. 58," after "The Municipal Act".

5         The part of subsection 20(1) preceding clause (a) is amended by striking out ", with the approval of the Lieutenant Governor in Council,".

6         The following is added after section 21:

Minister may initiate consultation re incorporation

21.1(1)   Where the minister considers it in the best interests of the residents of an area or community to incorporate the area or community, the minister may, in such manner as the minister considers appropriate,

(a) give notice to the adult residents of the area or community of the possibility of his or her recommending its incorporation; and

(b) consult with the adult residents of the area or community respecting incorporation.

Content of notice

21.1(2)   The notice referred to in clause (1)(a) must

(a) describe the probable boundaries of the area or community if it were incorporated; and

(b) invite any person objecting to incorporation to submit his or her objection in writing, with a brief statement of the person's reasons for objecting, to the minister before a date specified in the notice.

Change of boundaries described in notice

21.1(3)   If at any time the minister determines that the boundaries described in the notice should be changed to an extent that he or she considers significant, the minister shall consult with the adult residents within the boundaries described in the notice and within the proposed boundaries in such manner as he or she considers appropriate.

Minister may recommend incorporation

21.1(4)   After consulting with the adult residents and considering any objections to incorporation, the minister may recommend to the Lieutenant Governor in Council that the area or community be incorporated.

7         Subsection 22(1) is amended

(a) in the English version, by striking out the section heading and substituting "Regulation to incorporate"; and

(b) by striking out "an incorporated community" and substituting "an area or community".

8         Clause 64(1)(c) of the English version is amended by striking out "trust bank account or accounts in a bank" and substituting "trust account or trust accounts in a bank".

9         Subsection 89(4) is repealed.

10(1)     Subsection 95(1) is repealed and the following is substituted:

Tax by-law to be given first reading by April 15

95(1)     The council of each incorporated community shall, not later than April 15 of each year, give first reading to one or more by-laws levying taxes of such number of mills on each dollar of the assessed value of the property in the community as the council considers sufficient to raise the money required under the annual estimates adopted by the council, and the estimates shall be attached to each of the by-laws as a schedule.

10(2)     Subsection 95(4) is amended by striking out "September 15" and substituting "June 15".

11        Sections 97 to 99 are repealed and the following is substituted:

Application of tax provisions in S.M. 1996, c. 58

97        Subject to this Part, Parts 10 (Powers of Taxation) and 11 (Tax and Debt Collection), except section 373 (conflict of interest), of The Municipal Act apply to an incorporated community, with necessary modifications.

12(1)     Subsections 100(1) to 100(3) are repealed and the following is substituted:

Taxes are imposed for calendar year

100(1)    Taxes levied for a year are deemed to be imposed for the period January 1 to December 31 of that year.

By-law may fix date for payment of tax

100(2)    The council of an incorporated community may by by-law provide that taxes levied for a year are due and payable on a date between April 1 and October 31 in that year as fixed in the by-law and, subject to subsection (3), the taxes are due and payable accordingly.

Payment of tax by instalments

100(3)    The council of an incorporated community may by by-law provide that taxes may be paid by such instalments as are set out in the by-law, at times between April 1 and October 31 of the year for which the taxes are levied.

12(2)     Clause 100(8)(a) is amended by striking out "March 31" and substituting "December 31".

12(3)     Subsections 100(10) and (11) are amended by striking out "March 31" wherever it occurs and substituting "December 31".

13        Sections 101 to 105 are repealed.

Coming into force

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