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The Municipal Amendment and Consequential Amendments Act

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S.M. 1998, c. 33

THE MUNICIPAL AMENDMENT AND CONSEQUENTIAL AMENDMENTS ACT


 

(Assented to June 29, 1998)

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

C.C.S.M. c. M225 amended

1 The Municipal Act is amended by this Act.

2         Subsection 8(1) is repealed and the following is substituted:

Joint proposal to annex non-contiguous land

8(1)      A proposal to annex to a municipality land that is not contiguous to any portion of the municipality's boundary must be made jointly by the municipality that seeks to annex the land and the municipality that seeks to surrender the land for annexation.

3(1)      Subsection 11(4) of the English version is amended in the part preceding clause (a) by striking out "the" before "30%".

3(2) Subsection 11(6) of the English version is amended by striking out "and" after "is so named".

4         Subsection 30(2) is amended by striking out "and" after clause (d) and by adding the following after clause (d):

(d.1) in the case of a municipality that is formed by the amalgamation of a rural municipality and an urban municipality, give it the name of "The Municipality of [insert name]", or such other name as may be approved by the minister; and

5 The following is added after subsection 46(2):

Amalgamation within three months after election

46(3)     Notwithstanding sections 86 and 99, where an amalgamation takes place within three months after a general election, a regulation to amalgamate municipalities may provide that

(a) the members of the council of the amalgamated municipality are to be elected at the general election prior to the amalgamation, but their terms of office do not begin until the date of the amalgamation; and

(b) the terms of office of the members of the councils of the municipalities from which the amalgamated municipality is to be formed are extended to the date of the amalgamation, without those members being re-elected.

6         Clause 52(1)(a) is amended by adding ", including, in the case of an amalgamation, annexation or dissolution, the phasing in of tax increases or decreases directly attributable to the amalgamation, annexation or dissolution" at the end of the clause.

7 Subsection 86(1) is amended

(a) in the section heading, by striking out "three" and substituting "four"; and

(b) in the subsection, by striking out "third year" and substituting "fourth year".

8         Subsection 92(1) is amended by adding ", but does not include a person who volunteers services to the municipality, whether or not the person receives reasonable compensation or expense money from the municipality for his or her voluntary service" at the end of the subsection.

9 Subsection 98(2) is amended by striking out "by by-law".

10 Clause 134(1)(a) is amended by striking out "by by-law".

11 Clause 139(1)(a) is amended by striking out "and agree to reconsider and vote again".

12 Subsection 160(3) is amended by striking out "(5)" and substituting "(4)".

13 Subsection 164(4) is repealed and the following is substituted:

Utilities expenditures not to exceed transfers and revenue

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

14 Section 165 is amended by renumbering it as subsection 165(1) and by adding the following as subsection 165(2):

Council to obtain approval for anticipated deficiency in utility

165(2)    When a council determines during a fiscal year that expenditures of a utility are likely to exceed the revenue and transfers provided for in the utility budget, the council must immediately advise The Public Utilities Board in writing and may incur a deficiency with the Board's written approval, which may include any condition the Board considers necessary or advisable.

15(1)     Clause 169(1)(d) is amended by striking out "subsection (2)" and substituting "this section".

15(2) The following is added after subsection 169(4):

Expenditures exceeding budgets

169(5)    A council may authorize an expenditure for an amount not provided for in an operating budget or capital budget, and may fund the expenditure

(a) subject to subsection 164(5), by transfer from the municipality's accumulated surplus or its reserve funds; or

(b) subject to section 174, by borrowing.

Public hearing necessary for some expenditures

169(6)    Subject to subsection (7), a council must give public notice and hold a public hearing in respect of a proposed expenditure under subsection (5).

No public hearing if specific purpose reserve is used

169(7)    No public notice or public hearing is required under subsection (6) for an expenditure funded by a transfer from a specific purpose reserve unless the expenditure is for a purpose other than that for which the reserve fund was established.

Content of notice

169(8)    A notice under subsection (6) must include

(a) the amount and purpose of the expenditure; and

(b) the expenditure's sources of funding and the portion of its cost that will be paid by each source.

16        Clause 174(1)(b) is amended by adding "or it is made to fund an expenditure authorized under subsection 169(5)" after "capital budget".

17 Subsection 183(2) is repealed and the following is substituted:

Annual financial information returns

183(2)    A municipality must, no later than March 15 in each year, submit to the minister a financial information return, in a form approved by the minister, respecting the financial affairs of the municipality for the preceding year.

18        Clause 232(1)(h) of the French version is amended by striking out "egouts" and substituting "canaux de drainage".

19        Clause 250(2)(d) is repealed and the following is substituted:

(d) enter into agreements with one or more of the following regarding anything the municipality has power to do within the municipality:

(i) a person,

(ii) the Government of Canada or one of its agencies,

(iii) the Government of Manitoba or one of its agencies,

(iv) a local authority,

(v) a band as defined in the Indian Act (Canada),

(vi) another municipality in Manitoba or a municipality in another province;

20        The following is added after section 259 as part of Division 3:

Application to City of Winnipeg

259.1     This Division applies to The City of Winnipeg.

21 Clause 286(2)(b) is amended by striking out

(a) ", The Manitoba Telephone System,"; and

(b) ", The Manitoba Telephone Act".

22        Section 289 is repealed and the following is substituted:

Opening a municipal road

289       A municipality may open land for public use as a municipal road by

(a) passing a by-law opening the road; and

(b) registering the by-law and a plan at the appropriate land titles office.

23(1)     Subsection 290(1) is repealed and the following is substituted:

Closing a municipal road

290(1)    Subject to subsection (2), a municipality may close a municipal road by

(a) passing a by-law closing the road;

(b) obtaining written approval of the by-law from the minister; and

(c) registering the approved by-law and a plan at the appropriate land titles office.

23(2)     Subsection 290(2) is amended by striking out "The Crown Lands Act" and substituting "The Highways and Transportation Department Act".

24 The following is added after section 294:

DIVISION 6.1

DRAINS

Definition

294.1(1)  In this section, "drain" means a culvert, drain, drainage ditch, dyke or floodway, constructed or maintained by a municipality but does not include a provincial waterway as defined by The Water Resources Administration Act.

Jurisdiction over drains

294.1(2)  Subject to the rights vested in any other party under The Water Resources Administration Act  or The Water Rights Act, a municipality has jurisdiction over every drain within its boundaries.

Duties re drains

294.1(3)  A municipality must maintain every drain within its boundaries to a standard that is appropriate for the use to which the municipality expects the drain to be put.

Municipality's power to clear drains

294.1(4)  A municipality may require a person who without written authority from the municipality obstructs a drain to remove the obstruction, and if the person fails to do so, the municipality may remove the obstruction and recover any expense it incurs from the person who caused the obstruction

(a) by levying and collecting the amount of the expense as a tax; or

(b) by any other means.

25 The heading preceding section 295 of the French version is amended by striking out "ÉGOUTS" and substituting "CANAUX DE DRAINAGE".

26(1)     Subsections 295(1), (2) and (4) of the French version are amended by striking out "égouts" wherever it occurs and substituting "canaux de drainage".

26(2)     Subsections 295(3) and (5) of the French version are amended by striking out "égout" and substituting "canal de drainage" wherever it occurs.

27        Subsections 300(6) and (7) are repealed and the following is substituted:

Cancellation or reduction of taxes re property

300(6)    A municipality may correct its tax roll and cancel or reduce taxes in respect of a property if, after the tax roll has been completed, the assessor reports to the municipality that

(a) the property is entitled to exemption from taxation due to change in ownership or use;

(b) the assessment of the property requires reduction because of a change in the physical condition of the property; or  

(c) a change has been made in the classification of the property under The Municipal Assessment Act or a regulation under that Act.

Cancellation or reduction of taxes re business

300(6.1)  A municipality may correct its tax roll and cancel or reduce taxes in respect of a business if, after the tax roll has been completed, the assessor reports to the municipality that

(a) the business is entitled to exemption from taxation due to change in ownership or use; or

(b) the business has ceased to operate and is no longer subject to a business assessment.

Amended tax notice

300(7)    If a correction to a tax roll results in a decrease in the taxes imposed for a year, the municipality must send the taxpayer an amended tax notice showing the taxes payable after the correction.

28 Section 312 is repealed and the following is substituted:

Special service

312       If approved by by-law, a municipality may provide, as a special service to all or part of a municipality, one or more of the following:

(a) highway construction and maintenance;

(b) snow removal and dust control;

(c) tree planting or control of a plant or tree disease;

(d) grass and weed cutting and control;

(e) the collection and transportation of waste or recyclable materials;

(f) incentives to health care professionals to practise their professions in the municipality;

(g) recreation support services;

(h) street lighting;

(i) fire and police protection services;

(j) business improvement area services;

(k) drainage construction and maintenance;

(l) maintenance or operation of a local improvement.

29(1)     Clause 316(1)(a) is amended by adding  "that is real property" after "assessable property".

29(2) Subsection 316(4) is amended by adding "that is real property," after "assessable property".

30(1) Subsection 318(1) is amended

(a) by adding "and public hearing" at the end of the section heading; and

(b) by adding "and hold a public hearing with regard to the plan or proposal" at the end of the subsection.

30(2) The following is added after subsection 318(1):

Time to send notice

318(1.1)  A notice under subsection (1) must be sent to each potential taxpayer at least 21 days before the date of the public hearing.

31 Subsection 319(1) is repealed and the following is substituted:

Objection to plan or proposal

319(1)    Subject to subsection (2), a potential taxpayer under a local improvement plan or special services proposal may object to the plan or proposal by filing a notice of objection, by mail or in person, with the chief administrative officer before the public hearing.

32(1) Subsection 320(3) is repealed.

32(2) Subsection 320(4) is repealed and the following is substituted:

Requirements before third reading

320(4)    Before giving third reading to a proposed by-law to approve a local improvement plan or special services proposal, a council must

(a) give notice to each person who filed an objection under subsection 319(1) of its intention to give third reading, and of that person's right to object under subsection (5); and

(b) submit the by-law to The Municipal Board for its review and approval.

33(1)     Subsection 326(1) is repealed and the following is substituted:

Supplementary taxes re property

326(1)    A municipality may correct its tax roll in respect of a property and impose supplementary taxes if, after the tax roll has been completed, the assessor reports to the municipality that

(a) the property is liable to taxation but was not assessed;

(b) the property is liable to taxation due to change in ownership or use;

(c) the assessment of an improvement on the property requires an increase because of a change in the physical condition of the improvement;  

(d) a change has been made in the classification of the property under The Municipal Assessment Act or a regulation under that Act; or

(e) the land has been improved or subdivided.

Supplementary taxes re business

326(1.1)  A municipality may correct its tax roll in respect of a business and impose supplementary taxes if, after the tax roll has been completed, the assessor reports to the municipality that

(a) the business is liable to taxation but was not assessed;

(b) the business is liable to taxation due to change in ownership or use; or

(c) the assessment of an improvement in which the business is carried on requires an increase because of a change in the physical condition of the improvement.

33(2)     Subsection 326(3) is repealed the following is substituted:

Period for which supplementary taxes are payable

326(3)    Supplementary taxes imposed under subsection (1) or (1.1) are payable for the period

(a) beginning on the date

(i) the property or business is liable to taxation under clause 326(1)(a) or (1.1)(a),

(ii) the change to the property or business occurred, under clause 326(1)(b),(c) or (d) or clause 326(1.1) (b) or (c), or

(iii) the land was improved or subdivided under clause 326(1)(e);

but not earlier than January 1 of the year preceding the year in which the assessor's report was received by the municipality; and

(b) ending December 31 of the year in which the assessor's report was received by the municipality.

34        Subsection 328(1) is repealed and the following is substituted:

Application to board of revision

328(1)    A taxpayer named in a supplementary tax notice may apply to the board of revision for a revision with respect to any of the following matters which caused the imposition of supplementary taxes:

(a) the liability to taxation of property or business;

(b) the assessment of property or business;

(c) the classification of property.

35        Subsection 335(5) is repealed and the following is substituted:

Application of subsection (4)

335(5)    Subsection (4) does not apply to

(a) the right or interest of an employee of the government in Crown lands that the employee occupies as his or her residence; or

(b) lands designated as a wildlife management area under The Wildlife Act.

36 Section 364 is amended

(a) in clause (a), by striking out "the current year" and substituting "more than one year";

(b) by repealing clause (b), and substituting the following:

(b) for each such property, shows the tax arrears for each year.

37 Section 385 is amended by adding the following definitions: in alphabetical order:

"public facility" means a place that is subject to the direction, control and management of a municipality, and includes playgrounds, arenas, swimming pools, recreation centres, offices and libraries operated by a municipality; (« installations collectives »)

"public work" means any work that is constructed or maintained by a municipality for a municipal purpose, but does not include a public facility; (« ouvrage public »)

38 Subsection 388(1) is repealed.

39 Subsection 406(4) is amended by striking out "subsection (1)" and substituting "subsection (2)".

40 Subsection 431(3) is amended by striking out "the term of office for which the employee was elected expires or".

Consequential amendment, C.C.S.M. c. L180

41 Clause 11(1)(c) of The Local Authorities Election Act is amended by striking out "third" and substituting "fourth".

Coming into force

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