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The Municipal Amendment Act

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

S.M. 1999, c. 28

THE MUNICIPAL AMENDMENT ACT


 

(Assented to July 14, 1999)

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         The following is added after subsection 4(4):

Municipality in remote area

4(5)      A municipality may be formed for an area that is part of an existing municipality where that area is

(a) remote; and

(b) not contiguous to another municipality.

3(1)      The definition "unorganized territory" in subsection 5(1) is repealed and the following is substituted:

"unorganized territory" means any part of the province that is not in a municipality, and includes unorganized territory in Northern Manitoba; (« territoire non organisé »)

3(2)      Subsection 5(1) is amended by adding the following in alphabetical order:

"unorganized territory in Northern Manitoba" 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 The Northern Affairs Act. (« territoire non organisé du Nord »)

4         Subsection 6(3) is repealed and the following is substituted:

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 in Northern Manitoba.

5         Subsection 10(2) is repealed and the following is substituted:

Formation proposal for Northern Manitoba

10(2)     Despite clause (1)(a), the minister and the Minister of Northern Affairs must jointly initiate a proposal to form a municipality from unorganized territory in Northern Manitoba.

6         Section 55 is repealed.

7         Clause 92(7)(a) is amended by striking out "six" and substituting "eight".

8         Subsection 112(2) is repealed.

9         Section 123 is repealed.

10        Section 334 is amended in subclause (a)(ii) of the definition "institutional lands" by adding ", Le Collège de Saint-Boniface" after "The University of Winnipeg".

11 Clause 335(2)(a) is amended by adding ", Le Collège de Saint-Boniface" after "The University of Winnipeg".

12        Subsection 365(1) is repealed and the following is substituted:

Mandatory auction

365(1)    In each year, a council must offer for sale by auction every property in the municipality that

(a) has taxes in arrears for the designated year; and

(b) meets the criteria for sale by auction established by regulation.

13        Section 367 is repealed and the following is substituted:

First notice of auction

367(1)    At least 90 days before the auction of a property, the municipality must give notice of the auction to

(a) the registered owner of the property at the address shown on the most recent tax notice issued in respect of the property, by personal service on the registered owner or an adult person residing at that address;

(b) the persons for whom the district registrar has provided addresses under clause 366(3)(a), by any delivery service whereby the sender is provided with an acknowledgement of receipt; and

(c) the persons for whom the district registrar has provided directions for substitutional service under clause 366(3)(b), in accordance with those directions.

Second notice of auction

367(2)    Between 30 and 50 days before the auction of a property, the municipality must give a second notice of the auction to

(a) the registered owner of the property at the address shown on the most recent tax notice issued in respect of the property, by any delivery service whereby the sender is provided with an acknowledgement of receipt;

(b) the persons for whom the district registrar has provided addresses under clause 366(3)(a), by any delivery service whereby the sender is provided with an acknowledgement of receipt; and

(c) the persons for whom the district registrar has provided directions for substitutional service under clause 366(3)(b), in accordance with those directions.

Application for substitutional service of notice

367(3)    If the municipality is unable to obtain an acknowledgement of receipt under subsection (1) or (2), it may apply to the district registrar for directions for substitutional service of a first or second notice of auction, or both.

District registrar may grant substitutional service

367(4)    When a municipality applies under subsection (3), the district registrar may grant directions for substitutional service of a first or second notice of auction, or both, on any person eligible to receive notice under this section.

Compliance with directions for service

367(5)    Compliance with the district registrar's directions for substitutional service of a first or second notice of auction on a person is deemed to be compliance with notice requirements for a first or second notice of auction on that person.

Content of notice of auction

367(6)    A first or second notice of auction must be in a form approved by the minister and state that unless the tax arrears for the designated year and costs are paid to the municipality before the auction begins, or an agreement to pay the arrears and costs is made under clause 369(1)(b) before the auction begins,

(a) the municipality may offer the property for sale at the auction;

(b) the property may be sold at the auction for less than the amount of the tax arrears; and

(c) if the property is sold, the sale is final and any interest the person had in the property before the sale is extinguished.

Public notice of auction

367(7)    A municipality must give public notice of the properties to be offered for sale at the auction by

(a) posting a notice of auction in the municipal office, on or near the affected property, and at two other public places in the municipality at least 30 days before the auction; and

(b) publishing a notice of auction on two occasions, the first at least 21 days and the second at least 14 days before the auction, in a newspaper or other publication having general circulation in the municipality.

Content of public notice of auction

367(8)    The public notice of auction must state

(a) the date, time and location of the auction;

(b) a description of each property to be offered for sale;

(c) the assessed value of each property; and

(d) the amount of arrears and costs owed to the municipality for which each property may be offered for sale.

14        Subsection 369(1) is repealed and the following is substituted:

Cancellation or adjournment of auction

369(1)    A municipality may cancel or adjourn an auction of a particular property at any time before it begins if

(a) the outstanding balance of tax arrears and costs is reduced to such an amount that the property is no longer subject to sale by auction according to regulation;

(b) the property owner enters into an agreement with the municipality for payment of the arrears and costs; or

(c) the municipality cancels or adjourns the auction of all properties offered for sale.

Outstanding balance remains owing

369(1.1)  Any outstanding balance of tax arrears and costs on a property that remains owing after an auction is cancelled under subsection (1) must be added to that property's taxes in the next year.

15        Section 373 is repealed and the following is substituted:

Prohibited bidders, purchasers and agents

373       Unless acting as an agent of a municipality in a purchase by a municipality under section 374, the following persons must not bid for, buy, or act as an agent in buying a property offered for sale at an auction:

(a) the auctioneer;

(b) a member of council;

(c) the chief administrative officer, or at the discretion of the municipality, a designated officer of the municipality;

(d) a spouse or dependant family member residing with any of the persons described in clauses (a) to (c);

(e) a person in which any of the individuals mentioned in clauses (a) to (c) has a pecuniary interest.

16        Subsection 418(1) is amended by adding the following after clause (l):

(l.1) for the purpose of clause 365(1)(b), establishing the criteria which make a property subject to sale by auction.

Transitional re tax sales

17        A tax sale commenced but not completed before this Act comes into force shall be completed as if this Act had not come into force.

Coming into force

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