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The City of Winnipeg Amendment Act (2)

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If you need an official copy, contact Statutory Publications.

S.M. 2000, c. 19

THE CITY OF WINNIPEG AMENDMENT ACT (2)


 

(Assented to August 18, 2000)

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 437.1 is amended

(a) by repealing subsection (1) and substituting the following:

BUILDINGS OR LAND NOT CONFORMING WITH THE PUBLIC HEALTH ACT OR BY-LAW

Definitions

Definitions

437.1     In sections 437.2 to 441.6,

"by-law" means a by-law passed under section 437.2; (« arrêté »)

"health officer" means a medical officer of health or deputy medical officer of health appointed under The Public Health Act; (« médecin hygiéniste »)

"order" means an order issued under section 438; (« ordre » )

"owner" has the same meaning as it has in section 470; (« propriétaire »)

"The Public Health Act" means The Public Health Act and includes regulations made under that Act. (« Loi sur la santé publique »)

(b) by renumbering subsection (2) as section 437.2.

3         Sections 438 to 441 are repealed and the following is substituted:

Order by Health Officer

Order to comply with Public Health Act or by-law

438       If a health officer is satisfied that a building or land does not conform to the requirements of The Public Health Act or a by-law, the officer may issue an order requiring, within a time period specified in the order,

(a) that the owner bring the building or land into conformity with the requirements of that Act or by-law to the satisfaction of the officer; and

(b) that, if the officer considers the land or building unfit for human habitation, it be vacated by any occupant and not occupied until the officer is satisfied that there is compliance with the Act or by-law.

Certain notice and service required if demolition possible

439       A building that is the subject of an order under section 438 shall not be demolished by the city unless the order

(a) includes notice that the health officer could authorize the city to demolish the building if the order is not complied with; and

(b) is served on the owner of the building personally or by such substitutional service as the Court of Queen's Bench may order on application by the city.

Service of orders not relating to demolition

440(1)    An order, other than an order that is required to be served under section 439, must be served on the owner and, if the order requires an occupant to vacate, on the occupant. The order must be served

(a) personally, or by mail in a manner that provides the city with an acknowledgment of receipt; or

(b) if the person cannot be served by one of the methods described in clause (a) after a reasonable effort has been made, by sending a copy of it to the person's address, as determined in a manner provided by by-law, by facsimile transmission or any other type of mail or communication that provides confirmation of delivery.

Deemed date of service

440(2)    An order sent in accordance with clause (1)(b) is deemed to have been properly served on the day it is confirmed to have been delivered.

Appeal

Definition of "committee"

441(1)    In this section, "committee" means a committee of council designated by council to hear appeals under this section.

Owner may appeal time period

441(2)    An owner of a building or land may appeal a time period specified in an order issued under clause 438(a) in respect of the building or land by filing an appeal with the committee within 14 days after being served with the order.

Owner or occupant may appeal time for vacating

441(3)     An owner or occupant of a building or land may appeal the time period that an order issued under clause 438(b) specifies for vacating the building or land by filing an appeal with the committee within time specified for compliance.

Order that is not appealed is final

441(4)    An order that is not appealed under this section is final.

Stay of action by city to remove occupant or repair

441(5)    No action may be taken by the city under section 441.1 or 441.2 until an appeal is decided.

Committee's power on appeal

441(6)    The committee may confirm or vary the time period specified in the order. The committee's decision is final and no appeal may be taken in respect of it.

City May Carry Out Requirements of Order

Officer may authorize city to repair or demolish

441.1(1)  If an owner does not comply with an order, a health officer may authorize the city to bring the building or land into conformity with the requirements of The Public Health Act or a by-law, which may include, subject to section 439 (requirements re demolition), proceeding with the demolition of a building.

City may collect costs

441.1(2)  The reasonable costs incurred by the city under subsection (1) and sections 439 and 440 are an amount owing to the city by the owner and may be added to, and collected in the same manner as, taxes on the land.

Removal of occupants from building or land

441.2     If an occupant does not comply with an order that requires a building or land to be vacated, a health officer may authorize the city to use reasonable force to remove the occupant from the building or land.

Placarding

Health officer may placard certain buildings or land

441.3     A health officer may at any time after making an order under clause 438(b) (building or land unfit for habitation) place placards on the building or land stating that

(a) it is unfit for human habitation; and

(b) occupancy of the building or land is forbidden until it conforms to the requirements of The Public Health Act or by-law.

Offences

Offence to deface or remove placard

441.4(1)  A person who defaces or removes a placard placed on a building or land under section 441.3 is guilty of an offence and liable to a penalty under section 149.

Offence re allowing occupancy of building or land

441.4(2)  The owner of a building or land who allows it to be occupied after the expiry of the time period specified in the order for vacating the building or land is guilty of an offence and liable to a penalty under section 149.

Filing Order in Land Titles Office

City may file orders against land at L.T.O.

441.5(1)  The city may file a certified copy of an order in the Winnipeg Land Titles Office against the land that is the subject of the order.

Content of order

441.5(2)  The order must include

(a) a description of the land that is the subject of the order; and

(b) a statement that the land, or a building on the land, does not comply with The Public Health Act or a by-law.

District registrar to register order

441.5(3)  The district registrar shall register the order against the title or abstract of title of the land described in the order.

Subsequent purchasers are deemed served

441.5(4)  A person who acquires an interest in land on or after the date on which an order is registered under subsection (3) is deemed to have been personally served with the order on the date of registration.

City to discharge registration upon compliance

441.5(5)  Where a health officer determines that an order registered under subsection (3) has been complied with, the city shall register a notice of discharge in the Winnipeg Land Titles Office in the form prescribed under The Real Property Act.

Conflict of Laws

This Act prevails over The Public Health Act

441.6     If a conflict exists between a provision of The Public Health Act and sections 438 to 441.5 of this Act, the provision of this Act prevails.

4(1)      Subsection 467(1.2) is repealed and the following is substituted:

Service of orders

467(1.2)  An order issued under a by-law must be served on the owner, the owner's agent or the occupier

(a) personally, or by mail in a manner that provides the city with an acknowledgment of receipt; or

(b) if the person cannot be served by one of the methods described in clause (a) after a reasonable effort has been made, by sending a copy of it to the person's address, as determined in a manner provided by by-law, by facsimile transmission or any other type of mail or communication that provides confirmation of delivery.

4(2) The following is added after subsection 467(1.2):

Deemed date of service

467(1.2.1) An order sent in accordance with clause 1.2(b) is deemed to have been properly served on the day it is confirmed to have been delivered.

5(1)      Subsection 477(1) is amended

(a) by repealing the section heading and substituting "By-law on unsafe buildings and properties";

(b) in the part before clause (a),

(i) by striking out "by-laws" and substituting "a by-law", and

(ii) by adding "or property" after "building";

(c) in clause (a), by striking out "it is" and substituting "in the case of a building, it is";

(d) by repealing the part after clause (b) and substituting the following:

the employee may issue an order requiring the owner to put the building or property in a safe condition to the satisfaction of the employee, and within a time period specified in the order.

5(2)      Subsection 477(2) is repealed and the following is substituted:

Certain notice and service required if demolition possible

477(2)    A building that is the subject of an order under subsection (1) shall not be demolished by the city unless the order

(a) includes notice that the building could be demolished if the order is not complied with; and

(b) is served on the owner of the building personally or by such substitutional service as the Court of Queen's Bench may order on application by the city.

Service of orders not relating to demolition

477(2.1)  An order, other than an order that is required to be served under subsection (2), must be served on the owner and, if the order requires an occupant to vacate, the occupant,

(a) personally, or by mail in a manner that provides the city with an acknowledgment of receipt; or

(b) if the person cannot be served by one of the methods described in clause (a) after a reasonable effort has been made, by sending a copy of it to the person's address, as determined in a manner provided by by-law, by facsimile transmission or any other type of mail or communication that provides confirmation of delivery.

Deemed date of service

477(2.2)  An order sent in accordance with clause (2.1)(b) is deemed to have been properly served on the day it is confirmed to have been delivered.

5(3)      Subsection 477(3) is amended by striking out "a notice given" and substituting "an order issued".

5(4)      Subsection 477(4) is repealed and the following is substituted:

Action when dangerous condition is an emergency

477(4)    Despite subsections (1) to (2.1), if the designated employee considers that the dangerous condition of a building or property constitutes an emergency, the city may immediately take any action necessary to eliminate the emergency, which may include a remedy referred to in subsection (3) and the use of reasonable force to remove any occupant, without issuing or serving an order.

City may collect costs

477(4.1)  The reasonable costs incurred by the city under this section are an amount owing to the city by the owner of the building or property and may be added to, and collected in the same manner as, taxes on the land.

6         Clause 483(d) is repealed and the following is substituted:

(d) establishing a system to regulate the condition and maintenance of vacant dwellings or non-residential buildings, or classes of them, which may include provisions respecting

(i) the manner in which the dwellings or buildings must be secured by owners or, on default, may be secured by the city,

(ii) inspections by the city of the condition of the dwellings or buildings, including their interior condition, and

(iii) the length of time that dwellings or buildings may remain boarded up;

7         The following is added after section 483:

Proof of boarding up

483.1     Where, in any proceeding relating to the enforcement of a by-law passed under clause 483(d), there is evidence that a building was boarded up on two separate dates, the onus is on the owner to prove that the building was not continuously boarded up between those dates.

8         Subsection 485(1) is amended by striking out "Subject to section 489, where" and substituting "Where".

9         Subsection 487(1) is amended by striking out "Subject to section 489, if" and substituting "If".

10        Subsection 488(1) is amended by striking out "Subject to section 489, where" and substituting "Where".

11        Subsection 489(1) is repealed.

12        Section 490 is repealed and the following is substituted:

Certain notice and service required if demolition possible

490(1)    A building that is the subject of an order issued under section 484 shall not be demolished by the city unless the order

(a) includes notice that the building could be demolished if the order is not complied with; and

(b) is served on the owner of the building personally or by such substitutional service as the Court of Queen's Bench may order on application by the city.

Service of orders not relating to demolition

490(2)    An order issued under section 484 or 485, other than an order that is required to be served under subsection (1), must be served on the owner and, if the order requires an occupant to vacate, on the occupant. The order must be served,

(a) personally, or by mail in a manner that provides the city with an acknowledgment of receipt; and

(b) if the person cannot be served by one of the methods described in clause (a) after a reasonable effort has been made, by sending a copy of it to the person's address, as determined in a manner provided by by-law, by facsimile transmission or any other type of mail or communication that provides confirmation of delivery.

Deemed date of service

490(3)    An order sent in accordance with clause (2)(b) is deemed to have been properly served on the day it is confirmed to have been delivered.

13        Subsection 494.2(7) is amended by striking out "personally on the person to whom it is directed; and subsection 490(3) (substitutional service) applies, with any necessary modification" and substituting "on the person personally or by such substitutional service as the Court of Queen's Bench may order on application by the city".

14        Subsection 494.4(9) is amended by striking out "served immediately on the owner of the building; and subsection 490(3) (substitutional service) applies, with any necessary modification" and substituting "immediately served on the owner personally or by such substitutional service as the Court of Queen's Bench may order on application by the city".

Coming into force

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