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The City of Winnipeg Amendment and Consequential Amendments Act

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

S.M. 1998, c. 37

THE CITY OF WINNIPEG 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:

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

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

2         Section 1 is amended

(a) by repealing the definitions "city administrator", "community", "designated city administrator" and "designated committee"; and

(b) by adding the following definitions in alphabetical order:

"committee of council" means a committee of members of council formed for the purpose of carrying out a specific responsibility as directed by council, and includes a standing committee; (« comité du conseil municipal »)

"employee" means a person employed by the city and includes a statutory officer; (« employé »)

"statutory officer" means an employee of the city who occupies a position created by this Act and has duties defined by this Act; (« titulaire d'un poste statutaire »)

3(1)      Subsections 5(2) and (2.1) are repealed.

3(2)      Subsection 5(4) is repealed and the following is substituted:

Report of commission

5(4)      The commission shall prepare a report establishing the boundaries and the name of each ward in the city at the following times:

(a) in 1999;

(b) whenever the boundaries of the city are altered;

(c) at such time as council may require which shall be at least once every ten years after the preceding report was prepared.

3(3)       The following is added after subsection 5(4):

Effect of alteration of wards on members

5(4.1)    Alteration of the boundaries of a ward does not affect the membership on, or the right to sit on or vote in, the council of any person elected to represent that ward before its alteration.

3(4)      Subsection 5(6) is amended

(a) in the section heading, by striking out "L.G. in C. may" and substituting "Council shall"; and

(b) in the subsection, by striking out "the Lieutenant Governor in Council may" and substituting "council shall".

3(5)      Subsections 5(8) and (9) are repealed and the following is substituted:

Council's responsibilities re commission

5(8)      Council shall

(a) remunerate or grant honoraria to members of the commission; and

(b) provide city advisers, clerks and assistants to the commission as required by the commission to discharge its duties.

4(1)      Subsection 6(4) is repealed.

4(2)      Subsection 6(5) is amended

(a) by repealing the section heading and substituting "Notice of public hearings prior to report"; and

(b) by striking out "and communities"; and

(c) by striking out "or community".

4(3)      The following is added after subsection 6(5):

Public hearing prior to report

6(5.1)    On the day, and at the place and time stated in the notice under subsection (5), the commission shall sit and hear representations by any persons regarding the boundaries and names of any ward.

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

Preparation of commission's report

6(6)      Upon completion of the hearing under subsection (5.1), the commission shall prepare and send to the returning officer a report of its proposals for ward boundaries and ward names.

4(5)      Subsection 6(7) is amended by striking out "After the report has been published, the returning officer" and substituting "The returning officer".

4(6)      Subsection 6(9) is repealed and the following is substituted:

Commission's duties on completion of hearing

6(9)      On the completion of the hearing in subsection (8), the commission shall

(a) prepare its report, which shall include the date on which the ward boundaries and ward names come into force; and

(b) send the report to the city clerk, who shall ensure that it is placed before council at its next meeting.

Effect of commission's report

6(9.1)    Ward boundaries and ward names in the report filed under subsection (9) come into force on the date specified in the report.

4(7)      Subsection 6(10) is repealed.

5         Section 9 is amended by striking out "three" and substituting "four".

6         Subsection 12(1) is amended by striking out "at 8:00 p.m.,".

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

Council may establish committees of council

15(1.1)   Council may establish committees of council and, subject to section 105 (limit on delegation), council may by by-law or resolution delegate a power, duty or function to a committee of council.

Committees of council processes

15(1.2)   A committee of council may establish such processes as it deems necessary to

(a) conduct its delegated authority under subsection (1.1); and

(b) facilitate public consultation in any matter.

8         Subsection 16(1) is amended by striking out "The meetings" and substituting "Subject to section 17, the meetings".

9(1)      Subsection 17(1) is amended

(a) in the section heading of the English version, by adding "council and" before "committees"; and

(b) in the subsection,

(i) by striking out "a standing committee or executive policy committee" and substituting "council, executive policy committee, a committee of council or a subcommittee", and

(ii) by striking out "the committee may do so" and substituting "council, executive policy committee, a committee of council or a subcommittee may do so".

9(2)      Subsection 17(2) is amended by striking out "a standing committee or executive policy committee" and substituting "council, executive policy committee, a committee of council or a subcommittee".

10        Subsection 18(3) is amended by striking out "Every" and substituting "Subject to section 17, every".

11        Section 21 is amended by striking out "a committee of council or a community committee" and substituting "or a committee of council".

12(1)     Subsection 25(2) is amended

(a) in the section heading, by adding "may be" after "Amount of indemnity"; and

(b) in the subsection, by striking out "Where a member" and substituting "Council may pass a by-law to provide that where a member".

12(2)     Clause 25(3)(e) is amended by striking out "standing committees" and substituting "committees of council".

12(3)     Clause 25(3)(f) is amended by striking out "members" and substituting "chairpersons or members".

13(1)     Subsection 28(2) is amended by striking out "except community committees".

13(2) Subsection 28(3) is repealed and the following is substituted:

Mayor's appointments at first meeting

28(3)     At the first meeting of council following an election, and in November of each year after that, the mayor shall appoint

(a) a deputy mayor;

(b) an acting deputy mayor;

(c) the chairpersons of the standing committees of council, if standing committees are established by council; and

(d) members of executive policy committee under clause 29(1)(c).

13(3)     The following is added after subsection 28(3):

Other appointments

28(3.1)   The mayor or the mayor's designate shall appoint members of council to serve as chairpersons or members of

(a) subcommittees of standing committees established by council under section 34; or

(b) committees of council other than standing committees.

13(4)     Subsections 28(4) and (5) are repealed and the following is substituted:

Absence of mayor

28(4)     Where the mayor is absent or unavailable for any reason, the deputy mayor shall perform the duties and exercise the powers of the mayor including those under subsection (2).

Absence of deputy mayor

28(5)     Where the mayor and the deputy mayor are absent or unavailable for any reason, the acting deputy mayor shall perform the duties and exercise the powers of the mayor including those under subsection (2).

14        Subsection 29(1) is repealed and the following is substituted:

E.P.C. established

29(1)     There shall be an executive policy committee composed of

(a) the mayor;

(b) the chairpersons of the standing committees, if standing committees are established by council; and

(c) any other members of council appointed by the mayor.

Number of members of E.P.C.

29(1.1)   The mayor shall decide the number of members of executive policy committee, but the number of members shall not exceed seven.

15(1)     Subsection 30(1) is amended

(a) by repealing clauses (c) and (d) and substituting the following:

(c) recommend to council an administrative structure for the city, for adoption by by-law under subsection 43(1);

(d) recommend to council

(i) persons for appointment as statutory officers, and

(ii) the suspension or dismissal of statutory officers;

(b) in clause (e), by striking out "city administrators; and" and substituting "chief administrative officer";

(c) by repealing clause (f); and

(d) by adding the following after clause (f);

(g) except as otherwise determined by council, co-ordinate the work of committees of council; and

(h) except as otherwise determined by council, receive the reports of committees of council and forward them to council with its own recommendations.

15(2)     Subsection 30(2) is repealed.

15(3)     The following is added after subsection 30(2):

E.P.C. may establish subcommittee

30(2.1)   Executive policy committee may establish a subcommittee to investigate and report on a matter within the responsibility of executive policy committee, and if such a subcommittee is established, the mayor shall appoint the members and the chairperson of the subcommittee.

15(4)     Subsection 30(3) is amended by striking out ", by by-law, delegate powers and duties" and substituting "by by-law or resolution delegate a power,  duty or function".

16        Section 31 is repealed.

17        Section 32 is amended by striking out "A report" and substituting "Subject to the exemptions in  a by-law passed under section 81.1, a report".

18 Section 33 is repealed and the following is substituted:

Establishment of standing committees

33(1)     Council may by by-law establish standing committees and set out their respective duties and powers.

Delegation to standing committees

33(2)     Subject to section 105 (limit on delegation), council may by by-law or resolution delegate a power, duty or function of council to a standing committee.

Composition of standing committees

33(3)     For every standing committee established, council shall determine the number of members and shall, subject to subsection 28(3), make appointments to it not later than at the second meeting of council following an election, and in November of each subsequent year.

19        Subsections 34(2) and (3) are repealed and the following is substituted:

Composition of subcommittees

34(2)     The chairperson and members of a subcommittee of a standing committee shall be appointed

(a) by the standing committee, where the subcommittee is established by a standing committee; and

(b) by the mayor or the mayor's designate, where the subcommittee is established by council.

20        Sections 35 to 40 and the centered heading "COMMUNITY COMMITTEES" preceding section 35 are repealed.

21        Section 41 and the centered heading "RESIDENTS' ADVISORY GROUPS" preceding it are repealed.

22        Section 42 is repealed.

23 Subsection 43(1) and the centered heading "GENERAL PROVISIONS" preceding it are repealed and the following is substituted:

Council to pass administrative by-law

43(1)     Council shall by by-law establish and maintain the city's administrative structure and, subject to section 105, (limit on delegation) may by by-law delegate any of its administrative powers, duties or functions to an employee.

Delegation by employee

43(1.1)   An employee may delegate to another employee a power, duty or function given to the employee under a by-law, this Act or any other Act, unless the by-law or Act prohibits the delegation.

24         Section 44 is repealed and the following is substituted:

Conditions of employment

44        Council shall

(a) establish a code of conduct for employees; and

(b) establish classifications, rates, standards and conditions for employee remuneration and benefits.

25        The centered heading "CITY ADMINISTRATORS" preceding section 45 is repealed and "CHIEF ADMINISTRATIVE OFFICER" is substituted.

26        Sections 45 to 49 are repealed and the following is substituted:

Appointment of chief administrative officer

45(1)     Council shall appoint a chief administrative officer.

Council may change title

45(2)     Council may change the title of the chief administrative officer.

Powers, duties and functions of chief administrative officer

46(1)     The chief administrative officer's powers, duties and functions include the following:

(a) to carry out the powers, duties and functions  assigned by council, executive policy committee or this or any other Act;

(b) to inform executive policy committee on the affairs and operation of the city;

(c) to ensure that the city's policies and programs are implemented;

(d) except as council may otherwise direct, to manage and supervise employees;

(e) except as council may otherwise direct, and subject to an employee's contract or terms of employment, to appoint, suspend or dismiss employees other than statutory officers;

(f) to ensure the preparation of annual current and capital budgets;

(g) to ensure that the resolutions and by-laws of council are implemented and enforced.

Chief administrative officer may delegate

46(2)     The chief administrative officer may delegate a power, duty or function under subsection (1) to an employee.

Mayor may suspend chief administrative officer

47(1)     The mayor may suspend the chief administrative officer for a period of no more than three working days.

Executive policy committee's duties re suspension

47(2)     Where a chief administrative officer is suspended under subsection (1), the executive policy committee shall, during the period of suspension,

(a) recommend to council the dismissal of the chief administrative officer;

(b) reinstate the chief administrative officer immediately; or

(c) extend the suspension for a period of no more than 30 days and during that period

(i) recommend to council the dismissal of the chief administrative officer, or

(ii) reinstate the chief administrative officer.

27        Subsection 58(6) is amended

(a) by striking out "a department" and substituting "the city"; and

(b) by striking out "city administrators and".

28        Section 63 is amended by striking out "a department" and substituting "the city, or a".

29        Subsection 68(3) is amended by striking out ", a committee of council or a community committee;" and substituting "or a committee of council,".

30        Section 73 is amended in the part following clause (c) by striking out everything after "is guilty of an offence" and substituting "and liable to a penalty under section 149".

31        Clause 75(3)(c) is repealed and the following is substituted:

(c) a designated employee;

32        Clause 81.1(c) is amended by striking out "city administrators" and substituting "employees".

33(1)     Subsection 81.3(1) is amended in clause (f), by striking out "a council meeting" and substituting "an open council meeting".

33(2)     The following is added after subsection 81.3(4):

Personal security information in city records

81.3(5)   Despite this section, the name, address or other personal information of an individual shall be omitted or obscured from an assessment or tax roll if the individual applies in writing to the city clerk to have that information omitted or obscured to protect the individual's personal security.

34        Section 81.6 is amended in the part preceding clause (a) by striking out "a city administrator" and substituting "an employee".

35(1)     Subsection 81.7(2) is amended in the section heading and in the subsection by striking out "city administrator" and substituting "designated employee".

35(2)     Subsection 81.7(4) is amended

(a) in the section heading, by striking out "city administrator" and substituting "designated employee"; and

(b) in the subsection, by striking out "city adminstrator" and substituting "designated employee".

36        Subsections 81.8(1) and (4) are amended by striking out "city administrator" and substituting "designated employee".

37        The following is added after section 81.9:

SPECIAL SERVICE UNITS

Special service units established

81.10     Council may establish special service units to provide a commodity or service inside or outside the boundaries of the city, and any activity engaged in by a special service unit established under this section is deemed to be an exercise of the powers granted under this Act for the attainment of a municipal purpose.

Council's powers re special service units

81.11     In establishing a special service unit, council

(a) shall approve an operating charter for the unit, which shall include

(i) the unit's operating terms and conditions,

(ii) the unit's sources of financing,  

(iii) the unit's authority to enter into contracts or agreements,

(iv) any activities listed in section 81.13 that council authorizes the unit to perform, and

(v) other requirements to fulfill the unit's purpose; and

(b) shall approve an annual or multi-year budget for the unit; and

(c) may establish the percentage of council votes necessary to do the following:

(i) dissolve the unit,

(ii) change the unit's operating charter,

(iii) despite section 338, use a reserve fund of the unit for any purpose other than that for which the fund was established.

Council's powers of delegation re special service units

81.12     Council may delegate the following functions or responsibilities with respect to a special service unit to a committee of council or to a subcommittee:

(a) establishing policies, guidelines, and procedures for evaluating proposals to designate a commodity or service to be provided by a unit;

(b) evaluating proposals to establish units and submitting to Council those proposals that the committee recommends;

(c) approving a multi-year business plan for a unit;

(d) establishing operating requirements for a unit;

(e) establishing the requirements for a unit's annual report which shall include an audited financial statement;

(f) any other function or responsibility deemed necessary by council.

Financing of special service units

81.13     Notwithstanding any other provisions of this Act, but subject to section 81.14, council may authorize a special service unit to do the following:

(a) borrow on terms and from sources approved by the city to finance its operating and capital requirements;

(b) give security for its borrowing;

(c) invest the unit's funds and carry forward such funds to be used for the unit's future operating or capital requirements;

(d) establish and maintain reserves;

(e) maintain accounts, collect and deposit revenues and conduct banking;

(f) enter into multi-year operational agreements;

(g) fix and charge a price, rate or fee for its commodity or service which may be sufficient to raise revenue for the special service unit or the general purpose of the city;

(h) appoint one or more accountants to audit its accounts and financial records.

Consistency with city's debenture and financial agreement policy

81.14     Council shall not authorize an action under section 81.13 that is not consistent with its debenture policy under section 284.2 and its financial agreement policy under section 333.2.

Annual report

81.15     A special service unit shall prepare and submit to council within 120 days after the end of the fiscal year an annual report containing an audited financial statement.

Review of special service units

81.16     Not later than January 1, 2003, and every five years after that date, council shall arrange for a review of the process for developing, implementing, operating and evaluating special service units.

38        The centered heading preceding section 87.3 is amended by striking out "COMMUNITY COMMITTEE" and substituting "ITS COMMITTEES".

39(1)     Subsection 87.3(1) is amended

(a) in the section heading, by striking out "a proceeding of council" and substituting "proceedings of council and its committees"; and

(b) in the subsection, by adding "or a committee of council" after "council".

39(2)     Subsection 87.3(3) is repealed.

40        Subsection 87.4(2) is repealed.

41        Section 89 is amended

(a) by striking out "1989" and substituting "1998"; and

(b) by striking out "third" and substituting "fourth".

42        Subsection 101(3) is repealed and the following is substituted:

Exemptions

101(3)    Subsection (2) does not apply to statutory officers or any class or group of employees as may be designated by by-law.

43        Section 105 is amended by striking out "and to appoint city administrators." and substituting "to enter into a collective agreement, or to appoint statutory officers."

44        The following is added after section 105:

City purposes

105.1     The purposes of the city are

(a) to provide good government;

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

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

45        Section 138 is amended

(a) by repealing clause (b); and

(b) by striking out "and" at the end of clause (c) and by adding the following after clause (c):

(c.1) to support economic development; and

46(1)     Subsection 149(1) is repealed and the following is substituted:

OFFENCES AND PENALTIES

Offences

149(1)    A person is guilty of an offence who contravenes

(a) a provision of this Act;

(b) a by-law or resolution made under this Act;

(c) an order made under a by-law or this Act;

(d) a regulation made under Part 15.1;

(e) a provision of another Act which by this Act is made applicable to the city or to proceedings taken or things done under this Act; or

(f) a development agreement that the person entered into under section 591.

Separate offences

149(1.1)  Where a contravention referred to in subsection (1) continues for more than one day, the person is guilty of a separate offence for each day it continues.

Penalty by-law

149(1.2)  Council may by by-law establish penalties for contravention of the following:

(a) a by-law or resolution made under this Act;

(b) an order made under a by-law or this Act;

(c) a regulation made under Part 15.1;

(d) a development agreement entered into under section 591;

(e) a provision of this Act for which no penalty has been established by this or any other Act.

Penalty power

149(1.3)  In passing a by-law under subsection (1.2), council has, subject to subsection (1.4), the following powers regarding penalties:

(a) to establish a minimum and maximum penalty for an offence;

(b) to establish a minimum and maximum penalty for a second or subsequent offence;

(c) to establish a progressive fine structure for voluntary payment of fines.

Limitation on council's penalty powers

149(1.4)  Council shall not

(a) establish a term of imprisonment as a minimum penalty for an offence; or

(b) establish a term of imprisonment greater than six months as a maximum penalty for an offence.

General penalty provision

149(1.5)  Where no other penalty is established in this Act or in a by-law, a person who is guilty of an offence under this section is liable on summary conviction

(a) in the case of an individual, to a fine of not more than $1000., or to imprisonment for a term of not more than six months, or both; and

(b) in the case of a corporation, to a fine of not more than $5000.

46(2)     Subsection 149(2) is repealed.

46(3)     Subsection 149(3) is repealed and the following is substituted:

Orders in addition to penalty

149(3)    In addition to imposing a penalty under this Act or a by-law passed under subsection (1.2), a justice may order the offender to do one or both of the following:

(a) comply with the provision that was breached within a specified time;

(b) pay to the city the amount of costs incurred by the city as a result of the offence.

46(4)     The following is added after subsection 149(3):

Conditions for fine payment

149(3.1)  When imposing a fine under this Act or a by-law passed under subsection (1.2), the justice

(a) shall set a time limit for payment of the fine; and

(b) may

(i) in the case of an individual, impose a term of imprisonment to be served if the fine is not paid within the time limit, or

(ii) in the case of a corporation, order that the city may distrain goods or chattels of the corporation if the fine is not paid within the time limit.

46(5)     Subsection 149(4) is repealed and the following is substituted:

Application of penalty section

149(4)    This section applies in place of a penalty established by a by-law, regulation, resolution, order or plan continued in force under subsection 674(3).

46(6)     Subsection 149(5) is repealed.

46(7)     Subsection 149(6) is repealed and the following is substituted:

Director and officer of corporation

149(6)    Where a corporation is guilty of an offence under subsection (1), a director or officer of the corporation who authorized, permitted or acquiesced in the offence is also guilty of an offence and is liable to a penalty under this section.

46(8)     Subsection 149(7) is repealed.

47(1)     Subsection 155(3) is amended by striking out "city administrator" and substituting " employee".

47(2)     Subsection 155(4) is amended

(a) by striking out "city administrator" and substituting "employee"; and

(b) by striking out "city administator" and substituting "employee".

48        Sections 184 and 185 are repealed.

49        The following is added after section 199:

Committee of council

199.1     Council shall establish a committee of council to perform duties under section 200.

50(1)     Subsection 200(1) is amended in the part preceding clause (a) by striking out "the community committee" and substituting "the committee of council".

50(2)     Subsection 200(4) is amended

(a) in the section heading of the English version, by striking out "community" and substituting "committee"; and

(b) in the subsection, by striking out "community committee in which the zone is located" and substituting "committee of council".

50(3)     Subsection 200(5) is amended by striking out "community committee" wherever it occurs and substituting "committee of council".

50(4)     Subsection 200(6) is amended by striking out "community committee" and substituting "committee of council".

51        Subsection 284.2(2) is amended

(a) in the part preceding clause (a) of the English version, by striking out "the subsection (1)" and substituting "subsection (1)"; and

(b) in clause (a), by striking out "city administrators" and substituting "designated employees".

52        Subsection 333.2(2) is amended

(a) in the part preceding clause (a) of the English version, by striking out "the subsection (1)" and substituting "subsection (1)"; and

(b) in clause (a), by striking out "city administrators" and substituting "designated employees".

53        Subsection 353(1) is amended by striking out "city administrator" and substituting "employee".

54        Subsection 363(1) is amended by striking out "city administrator" and substituting "employee".

55        Subsection 384(1) is amended

(a) in the part preceding clause (a), by striking out "city administrator" and substituting "employee"; and

(b) in clause (b), by striking out "commissioner of works and operations" and substituting   "designated employee".

56        Subsection 392.1(1) is amended by repealing the definition "committee of council".

57(1)     Subsection 439(4) is amended by repealing the second sentence in the subsection.

57(2)     The following is added after subsection 439(5):

Offence

439(5.1)  A person who defaces or removes a placard affixed under subsection (4) or (5) is guilty of an offence and liable to a penalty under section 149.

57(3)     Subsection 439(6) is amended by striking out "of not less than $50. per day" and substituting   "under section 149".

58        Section 450 is amended in the part following clause (c) by striking out everything after "is guilty of an offence and liable" and substituting "to a penalty under section 149."

59        Clause 472(1)(g) is amended by striking out "designated committee" and substituting "committee of council designated by council".

60(1)     Subsection 480(1) is amended by striking out "designated committee" and substituting "committee of council designated by council".

60(2)     Subsection 480(2) is amended

(a) in the section heading, by striking out "designated committee" and substituting "committee of council"; and

(b) in the subsection, by striking out "designated committee" and substituting "committee of council designated by council".

60(3)     Subsection 480(3) is amended by striking out "designated committee" and substituting "committee of council designated by council".

61        Subsection 494.1(3) is amended by striking out "designated committee" and substituting "committee of council designated by council".

62        The following is added after section 494.7:

Construction in, on or over waterways

494.71    Except where council passes a by-law under section 494.72, the city shall not permit construction in, on or over a waterway except the construction of a highway or a utility.

63        Subsection 501(1) is amended by striking out "city administrator" and substituting "employee".

64        Subsection 514(6) is amended by striking out everything after "is guilty of an offence and liable" and substituting "to a penalty under section 149."

65(1)     Subsection 524(1) is amended by adding the following after clause (a):

(a.1) to establish a penalty under section 149 for engaging in a business or trade, or doing anything for which a licence is required, without being licensed to do so;

65(2)     Clause 524(1)(o) is repealed and the following is substituted:

(o) to establish a penalty under section 149 for engaging an unlicensed employee or agent to carry on a trade or business in which licensing of the employee or agent is required;

66        Clause 529(1)(k) is amended by striking out "not exceeding $25." and substituting "under section 149".

67(1)     Subsection 535(7) is amended by striking out "fine not exceeding $50." and substituting "penalty under section 149."

67(2)     Subsections 535(8), (9) and (10) are repealed.

68        Section 564 is amended by striking out everything after "without the consent of the city" and substituting "is guilty of an offence and liable to a penalty under section 149."

69        Section 565 is amended in the part following clause (c) by striking out everything after "is guilty of an offence and liable" and substituting "to a penalty under section 149."

70        Section 566 is amended in the part following clause (d) by striking out everything after "is guilty of an offence and liable" and substituting "to a penalty under section 149."

71        Subsection 574(2) is repealed.

72        Section 602 is amended by striking out "city administrator" and substituting "employee".

73(1)     Clause 607(1)(d) is amended by striking out "city administrator" and substituting "employee".

73(2)     Subsection 607(3) is amended

(a) in the section heading, by striking out "administrator" and substituting "employee"; and

(b) in the subsection, by striking out "city administrator" and substituting "employee".

74(1)     Subsection 608(1) is amended in the part preceding clause (a) by striking out "city administrator" and substituting "employee".

74(2)     Subsection 608(2) is amended by striking out "city administrator" and substituting "employee".

74(3)     Subsection 608(3) is amended by striking out "administrator" and substituting "employee".

74(4)     Subsection 608(5) is amended by striking out "city administrator" and substituting "employee".

75        In the following provisions, "city administrator" is struck out wherever it occurs and "employee" is substituted:

(a) subsections 608.1(1) and (2);

(b) subsections 612.1(1) and (2).

76        Subsection 619(3) is amended by striking out "city administrator" and substituting "employee".

77        Subsection 623(5) is amended in the section heading and in the subsection by striking out "city administrator" and substituting "employee".

78        Section 624 is amended by striking out "city administrator" and substituting "employee".

79        Section 624.1 is repealed.

80(1)     Clause 628(1)(g) is amended by striking out "and city administrators".

80(2)     Clause 628(1)(m) of the French version is amended by striking out "prodecure" and substituting "procedure".

81        Subsection 643(3) is amended in the section heading and in the subsection by striking out "city administrator" and substituting "employee".

82 Subsection 647(1) is amended by striking out "city administrator" and substituting "employee".

83        The following is added after section 648:

Time limit for appeal

648.1     Where an appeal is taken under section 648

(a) the registrar of the court shall fix a date for the appeal hearing, which shall be within 30 days after the date on which appeal documents are filed;

(b) a justice of the court may adjourn the appeal hearing for a period not exceeding 30 days and, if the justice is of the opinion that special circumstances warrant, for such additional period as the justice may consider appropriate; and

(c) the justice hearing the appeal shall render a decision on the appeal within 30 days after completion of the appeal hearing.

84        Subsection 653(3) is repealed and the following is substituted:

Notice of meeting

653(3)    A person appointed under subsection (2) shall cause at least one notice of the date, time and place of the public meeting to be published in a newspaper having a general circulation in the area which, in his or her opinion, is significantly affected by the proposed order.

85        Subsection 668(19) is repealed and the following is substituted:

Penalty

668(19)   A person guilty of an offence under this section or under a by-law passed under this section is liable to a penalty under section 149.

86        Subsection 674(3) is amended by striking out "subsections 149(1) and 149(3) to (5) (offences and penalties)" and substituting "section 149".

87        Subsection 683(3) is amended by striking out everything after "the councils of those area municipalities".

Amendments consequential to the proclamation of The Freedom of Information and Protection of Privacy Act

88(1)     Section 32 is amended by striking out "Subject to any exemptions in a by-law passed under section 81.1, a report" and substituting "A report".

88(2)     The centered heading "ACCESS TO INFORMATION" preceding section 81 is repealed and "ACCESS TO RECORDS" is substituted.

88(3)     Sections 81 to 81.2 are repealed.

88(4)     Sections 81.4 to 81.9 are repealed.

Unproclaimed provisions amended

89(1)     Section 494.71, as enacted by S.M. 1992, c. 37, s. 9, is amended  

(a) by renumbering it as section 494.72;

(b) in the part of clause (1)(a) preceding subclause (i), by striking out "shall" and substituting "may"; and

(c) in subsection (2), by striking out "designated committee" and substituting "committee of council designated by council".

89(2)     Section 494.72, as enacted by S.M. 1992, c.37, s. 9, is amended

(a) by renumbering it as section 494.73; and

(b) by striking out "494.71(1)" wherever it occurs and substituting "494.72(1)".

Consequential amendments, C.C.S.M. c. M226

90(1)     The Municipal Assessment Act is amended by this section.

90(2)     Clause 41(4)(a) is amended by striking out everything after "located".

90(3)     Subsection 57(7) is amended by striking out everything after "are located".

Coming into force

91(1)     This Act, except sections 37, 62, 79, 88 and 89 comes into force on the day it receives royal assent.

91(2)     Section 37 is retroactive and is deemed to have come into force on January 1, 1998.

91(3)     Section 88 comes into force on the day The Freedom of Information and Protection of Privacy Act and Consequential Amendments Act is proclaimed in relation to the City of Winnipeg under section 101 of that Act.

91(4)      Sections 62, 79, and 89 come into force on the day section 9 of The City of Winnipeg Amendment Act (3), S.M.1992, c. 37, is proclaimed in force.