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The Municipal Amendment Act

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

S.M. 2001, c. 30

THE MUNICIPAL AMENDMENT ACT


 

(Assented to July 6, 2001)

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 24(6) is amended by striking out "The Freedom of Information Act" and substituting "The Freedom of Information and Protection of Privacy Act".

3           Subsection 40(6) is amended by striking out "The Freedom of Information Act" and substituting "The Freedom of Information and Protection of Privacy Act".

4           The part of subsection 52(1) before clause (b) is replaced with the following:

Additional matters under certain regulations

52(1)       A regulation made under section 30 (formation), 31 (dissolution), 32 (change of name), 46 (amalgamation), 47 or 48 (annexation) may, in relation to any municipality affected by the regulation, contain provisions dealing with one or more of the following:

(a) assessment and taxation — in the case of a formation, amalgamation, annexation or dissolution — which may include

(i) phasing in increases or decreases in taxes that are directly attributable to the formation, amalgamation, annexation or dissolution, and

(ii) setting different rates of taxation for areas within the municipality based on their access to services provided by the municipality;

5           Subsection 232(1) is amended by adding the following after clause (n):

(n.1) the establishment of a program of property tax credits to encourage and assist in the renovation of buildings that have been designated as municipal heritage sites under The Heritage Resources Act;

6           The following is added after section 235:

Requirements prior to passing by-law under clause 232(1)(n.1)

235.1(1)    A council may pass a by-law under clause 232(1)(n.1) only after it has

(a) adopted a development plan under The Planning Act that includes objectives and policies respecting the preservation, protection or enhancement of buildings by reason of their historical significance; and

(b) passed a by-law under The Heritage Resources Act providing for the issuance, suspension and cancellation of municipal heritage permits.

Content of heritage tax credit by-law

235.1(2)    A by-law under clause 232(1)(n.1) (tax credits for heritage buildings) may, without limiting the generality of that clause,

(a) specify the taxes against which there may be a tax credit;

(b) determine the types of renovations and costs associated with renovations that are eligible for a tax credit;

(c) impose terms and conditions on the entitlement to a tax credit;

(d) provide for the amount, or the means of determining the amount, of a tax credit;

(e) establish a maximum annual tax credit for each building;

(f) fix the period of time during which a tax credit may be applied to taxes;

(g) make provision for any other matter that council considers necessary or advisable.

7           Section 253 is renumbered as subsection 253(2), and the following is added as subsection 253(1):

Scope of agreements

253(1)      The power of a municipality referred to in clause 250(2)(d) to enter into agreements includes the power to enter into agreements pertaining to land, improvements, personal property, works, services, facilities, utilities or private works within or outside the boundaries of the municipality.

8           Subsection 263(4) is amended by striking out "The Freedom of Information Act" and substituting "The Freedom of Information and Protection of Privacy Act".

9           Section 285 is replaced with the following:

Definition of "municipal road"

285         In this Division, "municipal road" means land that

(a) has been opened under section 289, or opened, dedicated or reserved under any other Act, as a road for public use; and

(b) has not been closed under section 290 or any other Act;

and includes a road allowance, street, lane, thoroughfare, walkway, bridge and underpass, but does not include a departmental road as defined in The Highways and Transportation Act.

10          Subsection 368(1) is amended by striking out "subsection 367(3)" and substituting "clause 367(7)(a)".

Coming into force

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