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The City of Winnipeg Amendment and Municipal Amendment Act

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

S.M. 1997, c. 34

THE CITY OF WINNIPEG AMENDMENT AND MUNICIPAL 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:

S.M. 1989-90, c. 10 amended

1         The City of Winnipeg Act is amended by this Act.

2         Subsection 50(1) is amended by striking out "and" at the end of clause (c) and by adding the following after clause (c):

(c.1) subject to any exemptions from access provided in a by-law under section 81.1, ensure that any information requested of the city by the minister is provided within a reasonable time; and

3         Clause 58(2)(a) is repealed and the following is substituted:

(a) is, or was in the immediately preceding year, a member of council; or

4         The section heading for the English version of subsection 101(3) is amended by striking out "adminstrators" and substituting "administrators".

5         Section 113 is repealed and the following is substituted:

Insurance against loss

113       The council may provide for comprehensive insurance to protect the city or a member of council against loss through damage to real or personal property, or both, from any cause, and may provide insurance against claims for loss or damage for which the city or a member of council may become liable.

6         The following is added after section 113:

Insurance policies on employees and members of council

113.1(1)  The city may enter into a contract of accidental death, accident or disability insurance to cover employees or members of council while they are performing their duties as employees or members of council.

Payment of legal expenses

113.1(2)  The city may pay for, or purchase insurance to cover the legal expenses of an employee or member of council incurred as a result of anything done or omitted to be done by him or her in the course of employment or the performance of duty.

7         The following is added after section 138.1:

By-laws re unserviced residential premises tax credit program

138.2     The council may by by-law establish a program of property tax credits for residential premises that are not serviced by the city's sewer and water system, and any such by-law shall include provisions

(a) prescribing types or classes of premises eligible for tax credits;

(b) prescribing the amount of the tax credit for each premises;

(c) establishing terms and conditions under which tax credits may be provided and terminated; and

(d) respecting any other matter that the council considers necessary or advisable.

By-laws re new home grants, credits or refunds to property owners

138.3(1)  The council may by by-law establish a program of grants, property tax credits or refunds to encourage and assist in the construction or purchase of new dwellings, and any such by-law shall include provisions

(a) prescribing types or classes of premises eligible for a grant, tax credit or refund;

(b) establishing terms and conditions under which a grant, tax credit or refund may be provided or terminated;

(c) establishing criteria for determining

(i) the amount of a grant, tax credit or refund,

(ii) the maximum annual grant, tax credit or refund, and

(iii) the period of time in which a grant, tax credit or refund may be paid out to an owner or applied to taxes;

(d) respecting eligibility criteria for recipients of grants, tax credits or refunds; and

(e) respecting any other matter that the council considers necessary or advisable.

Review of program in fifth year

138.3(2)  A by-law passed under subsection (1) expires five years after the day it is passed unless the council, in the fifth year, reviews the program and approves continuation of the by-law.

8         Section 180.1 is repealed.

9(1)      Subsection 197(1) is amended by adding "at least" before "10%" wherever it occurs.

9(2)      Subsection 197(3) is amended by striking out "one third" wherever it occurs and substituting "at least 1/3".

9(3)      Subsection 197(4) is amended

(a) in clause (a), by adding "at least" before "10%" wherever it occurs; and

(b) in clause (b), by striking out "one third" wherever it occurs and substituting "at least 1/3".

10(1)     Subsection 200(1) is repealed and the following is substituted:

Budget meeting

200(1)    Before submitting to the community committee its proposed program, zone levy and budget estimates, the board shall

(a) meet to consider them and receive submissions and representations thereon; and

(b) obtain approval of the proposed program, zone levy and budget estimates by the majority of businesses from the zone that are represented at the budget meeting.

10(2)     Subsection 200(3) is repealed.

10(3)     Subsection 200(4) is repealed and the following is substituted:

Budget considered at community meeting

200(4)    Upon receiving approval of the proposals as set out in subsection (1), the board shall request the community committee in which the zone is located to conduct a public meeting to discuss the board's proposed program, zone levy and budget estimates, and to provide recommendations to council.

10(4)      Subsection 200(6) is repealed and the following is substituted:

Notice of objection

200(6)    The board's proposed program, zone levy and budget estimates shall not be forwarded to council if the community committee receives written notice of objection on or before the date specified under subsection 200(5)(b) from at least 1/3 of the businesses in the zone that represent at least 1/3 of the total business assessment in the zone.

10(5)     Subsection 200(7) is amended by striking out "one third" wherever it occurs and substituting "at least 1/3".

11        The following is added after section 284:

Variable interest rates on debentures

284.1     Notwithstanding any other provision in this Part, the city may pass by-laws providing for the issue of debentures bearing a variable rate of interest, and a bylaw passed under this section

(a)  need not recite the amount required to be raised annually by special rate for paying interest;

(b) shall recite the amount required to be raised annually by special rate for paying the debt; and

(c) shall provide for levying and raising such sums of money to pay the debt and interest on the debentures as are estimated to be required, which sums may vary from year to year.  

Debenture policy

284.2(1)  The council shall establish a policy for

issuing debentures bearing a variable rate of interest under section 284.1.

Content of policy

284.2(2)  Without limiting the generality of the subsection (1), a policy established under this section

(a) may delegate to a committee established by council or to city administrators the authority to make decisions relating to the issue of debentures under section 284.1;

(b) shall outline the procedure to be followed in exercising delegated authority under clause (a); and

(c) shall establish a system of accountability to council for any delegated authority under clause (a).

12        The following is added after section 333:

Financial Agreements

333.1(1)  Notwithstanding any other provision in this Part, the city may enter into agreements respecting the investment of monies of the city or the management of debt of the city including, but not limited to, agreements for the management of risks relating to currency and interest rates, swap agreements, futures agreements, option agreements and rate agreements.

Statement in agreement

333.1(2)  A statement in an agreement that it is made under subsection (1) is proof of that fact.

Financial agreement policy

333.2(1)  The council shall establish a policy for

entering into agreements under section 333.1.

Content of policy

333.2(2)  Without limiting the generality of the subsection (1), a policy established under this section

(a) may delegate to a committee established by council or to city administrators the authority to make decisions or enter into agreements under section 333.1;

(b) shall outline the procedure to be followed in exercising authority under section 333.1 or clause (a); and

(c) shall establish a system of accountability to council for decisions under section 333.1 or clause (a).

13        The following is added after section 417:

Definition of private works

417.1(1)  In this section, "private works" includes

(a) the clearing of snow from sidewalks, driveways, curbs, gutters, approaches, sewers or drains on private property; or

(b) the construction, alteration, or repair of sidewalks, driveways, curbs, gutters, approaches, sewers or drains on private property.

Use of equipment for private works

417.1(2)  The council may authorize private works to be carried out, or may authorize the use of its equipment, materials and labour to carry out private works inside or outside the boundaries of the city.

Conditions respecting private works

417.1(3)  Where the council authorizes private works under subsection (2), the council

(a) shall specify the rates and charges, or the method of fixing the rates and charges, to be charged for private works; and

(b) may, before undertaking the private works, require the person requesting the private works to enter into an agreement with the city respecting private works.

City may charge interest

417.1(4)  Where the city carries out private works on private property located in the city and the costs incurred remain unpaid 30 days past the due date on the invoice, the city may charge interest on the unpaid costs at a rate fixed by by-law.

City may collect the cost of work

417.1(5)  The cost of private works and any accrued interest may be added to the taxes on the property and collected in the same manner as other taxes assessed against the property.

Ambulance service

417.2(1)  The city may

(a) acquire, operate, regulate or abolish  ambulance services in all or part of the city;

(b) acquire necessary vehicles and equipment for its ambulance services;

(c) contract with a municipality or person for the provision of ambulance services.

Council may fix fees or charges

417.2(2)  The council may fix a fee or charge, or prescribe a method for determining a fee or charge, for  ambulance services.

Service outside the city

417.2(3)  The city may provide ambulance services outside the city.

14        Section 466 is amended by adding "fire prevention officer," after "health officer,".

15        The following is added after subsection 467(1):

Order to owner or occupier

467(1.1)  The city may pass by-laws

(a) enabling a designated employee to issue an order addressed to the owner, the owner's agent or the occupier of premises to remedy a condition in the premises that could cause fire or to make the premises conform to city bylaws relating to fire prevention;

(b) providing for occupants to be forcibly removed from the premises and restricting access to the premises until the designated employee is satisfied that the premises conform to city by-laws relating to fire prevention;

(c) containing any other provision that the council considers necessary to carry out the purpose of the by-law.

Service of order

467(1.2)  An order issued under subsection (1.1) shall be

(a) personally served on the owner, the owner's agent or the occupier; or

(b) if the owner, the owner's agent or the occupier cannot be found after reasonable efforts have been made to locate them, the order shall be posted in at least two conspicuous places on the premises or land.

City may remove fire hazard

467(1.3)  If the owner, agent of the owner or occupier does not comply with an order issued under clause 467(1.1)(a), the city may

(a) cause such work to be done as the designated employee considers necessary to make the premises comply with city by-laws relating to fire prevention;

(b) require the cost of the work done to remedy the condition to be paid by the owner or occupier and, in default of payment

(i) recover the cost as a debt in a civil proceeding, or

(ii) add the cost to the taxes on the property, and collect it in the same manner as other taxes  assessed against the property.

16(1)     Subsection 473(2) is amended in the part preceding clause (a), by adding "subsection (3)," before "The Electricians' Licence Act".

16(2)     The following is added after subsection 473(2):

Exception for certain electrical inspections

473(3)    Notwithstanding The Electrician's Licence Act, council may pass by-laws authorizing electrical inspections of one or two family dwellings, row housing and related structures and equipment by an inspector who holds

(a) an electrician's journeyman licence;

(b) a journeyman's certificate in another related trade; or

(c) other qualifications acceptable to the city.

17        Subsection 495(4) is amended by striking out "and" at the end of clause (c), by adding "and" at the end of clause (d), and by adding the following after clause (d):

(e) permitting or contracting for private works on, over, along or under highways.

18        Subsections 525(4), (5) and (7) are repealed.

19        The following is added after section 537:

Definition of "community centre"

537.1     In this Part, "community centre" means any public land improved, or buildings equipped, to provide activities for public use.

20        Clause 538(1)(a) is amended by adding "or community centres" after "public parks".

21        Section 540 is amended by striking out "and" at the end of clause (c), by adding "and" at the end of clause (d) and by adding the following after clause (d):

(e) grant a person the right to operate a concession within a park.

22        The following is added after section 540:

Regulation of vehicles

540.1     The city may pass by-laws prohibiting or regulating the driving or parking of vehicles in a public park.

23        The following is added after section 541:

Park police

541.1     The city may appoint a peace officer to maintain order and protect public or private property in a park, and may vest the officer with the authority to cause any person to be removed from a park where the officer finds the person

(a) contravening a by-law that applies to the park; or

(b) disrupting order or causing damage to public or private property in the park.

24        Section 543 is repealed.

25        The following is added as section 543.1:

Community centres

543.1     The city may pass by-laws

(a) designating areas of the city for which a community centre is established and intended to serve;

(b) concerning the management and operation of a community centre;

(c) regarding anything necessary for the establishment, operation or closing of a community centre.

26        The following is added as section 543.2:

Recreation and education programs

543.2     The city may operate and fix fees for activities and recreation programs for the public.

27        Subclause 643(3)(b)(i) is amended by striking out "a side yard" and substituting "any yard or space separation".

28        Schedule D is repealed.

Consequential amendment, C.C.S.M. c. M225

29        The Municipal Act is amended by adding the following after subsection 295(5):

Application to City of Winnipeg

295(6)    This Division applies to The City of Winnipeg.

S.M. 1996, c. 58 amended

30        Section 444 of The Municipal and Various Acts Amendment Act is repealed.

Coming into force

31(1)     This Act, except section 7, comes into force on the day it receives royal assent.

Coming into force:  section 7

31(2)     Section 7 is retroactive and is deemed to have come into force on January 1, 1997.