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S.M. 2002, c. 39

The City of Winnipeg Charter Act

Back to the ActSchedule(s)

Back to the ActSchedule(s)

Table of Contents

INTERPRETATION, PURPOSES AND GENERAL AUTHORITY
1 Definitions
2 Determination of person responsible
3(1) Geographic application of by-laws
(2) Application of by-law of another municipality
4 By-laws or resolution inconsistent with Acts
5(1) Purposes of city
(2) City is responsible and accountable
6(1) Broad authority
(2) General powers not limited by specific
7(1) Natural person powers
(2) Specific powers
PART 2
CITY BOUNDARIES
CONTINUATION
8 City continued
AREA
9(1) Boundaries and area
(2) Reference to maps
(3) Time of effect of regulation
WARDS
10 Number of wards
11(1) Establishment of wards commission
(2) Substitute members of commission
(3) Appointment of other acting members
(4) Duty of acting member
(5) Remuneration and assistance for commission
12 Report of commission
13(1) Population of city
(2) Criteria for boundaries
(3) Variation in population base
14(1) Initial hearing
(2) Preparation of draft report
(3) Notice of hearing on draft report
(4) Publication of notices
(5) Final report
(6) Effect of report
15(1) Changing names of wards
(2) Effect of alteration of wards on councillors
PART 3
COUNCIL
DIVISION 1
COMPOSITION AND TERM OF OFFICE
16(1) Composition of council
(2) Council a continuing body
17(1) Changing number of wards
(2) By-law applying to next general election
(3) By-law applying after next general election
(4) Public hearing required
(5) Second reading of proposed by-law
(6) By-law to be read at different meetings
(7) Requirement re ward boundaries commission
18(1) Term of office
(2) Term after by-election
DIVISION 2
ELECTIONS
19 General elections
20 Election of mayor
21 Election of councillors
22 Nomination to two offices invalid
QUALIFICATIONS
23(1) Qualifications of candidates
(2) Individuals disqualified
EMPLOYEES' RIGHTS IN ELECTIONS
24(1) Definitions
(2) Employees rights in elections
(3) Statutory officers and certain employees excepted
(4) Leave of absence for city election
(5) Period of leave
(6) Candidate in other elections
(7) Nature of leave of absence
(8) Election to council
(9) Election as M.L.A. or M.P.
(10) Reinstatement of defeated candidate
(11) Reinstatement of elected employee
(12) Where no notice before end of leave
(13) Rights during leave of absence
(14) Other benefits
NOMINATIONS AND VOTING
25 Local Authorities Election Act to apply
26 Nominations
27 Computerized list of electors
28 Electors lists for polling subdivisions
29(1) Advance polls
(2) Additional advance polls
(3) Ease of access
(4) Publication of dates and places of advance polls
30(1) Use of devices for voting and counting votes
(2) Regulation respecting use of devices at elections
(3) Recount
CAMPAIGN EXPENSES AND CONTRIBUTIONS
31(1) Definitions
(2) Value of donation in kind
32(1) Registration of prospective candidates
(2) Report of change in information
33 No contribution until registration
34 By-law on expenses and contributions
35(1) Candidate to file audited statement
(2) Time for filing statement
36 Appointment and qualifications of auditor
37 Duties of official agent
38 Candidate to issue receipts
39 Candidate's own funds
40 Contributions by organizations
41 Claims for election expenses
42 Prohibitions
43(1) Surplus payable to city
(2) Release of surplus
44(1) Failure by elected candidate to file statement
(2) Forfeiture of seat
(3) Failure of other registered candidates to file
45(1) Offence and penalty
(2) Time limits on prosecution
TAX CREDIT AND REBATE PROGRAM
46(1) By-law establishing program
(2) Contents of by-law
(3) Regulations by L.G. in C.
FORFEITURE OF SEAT
47(1) Forfeiture of seat
(2) Nomination of M.L.A. to council
(3) Vacating seat
(4) Proceedings to unseat member
48(1) Eligibility at next election
(2) No stay
(3) Reinstatement on appeal
RESIGNATIONS AND FILLING VACANCIES
49 Resignation
50(1) Direction to returning officer to hold election
(2) Vacancy near end of term of councillor
(3) Vacancy near end of term of mayor
51 Election to fill vacancy
DIVISION 3
DUTIES AND POWERS
DECLARATION OF OFFICE
52 Declaration to be made and filed
DELEGATION
53(1) Restriction on delegation by council
(2) Authority of council after delegation
BY-LAWS AND RESOLUTIONS
54(1) How council may act
(2) Where by-law required
(3) Where resolution authorized
(4) Where by-law used instead of resolution
55(1) Three readings of by-laws
(2) Readings at one meeting
(3) Text of proposed by-law before first reading
(4) Text available before third reading
(5) Procedure at readings
CONSOLIDATION OF BY-LAWS
56(1) Authority for consolidation of by-laws
(2) Duties and powers of designated employee
(3) Adoption of consolidated by-law
(4) Judicial notice provision applies
MAYOR
57 Mayor as head of council
58 Mayor as ex officio member of committees
59(1) Mayor's appointments
(2) Other appointments
(3) Vacancy in executive policy committee
(4) Terminating or altering appointments
(5) Duties of deputy mayor
(6) Duties of acting deputy mayor
60 Suspension of by-law or resolution
EXECUTIVE POLICY COMMITTEE AND OTHER COMMITTEES
61(1) Executive policy committee established
(2) Size of executive policy committee
62(1) Duties of executive policy committee
(2) Subcommittees of executive policy committee
63(1) Establishment of standing committees
(2) Members of standing committee
(3) Subcommittees of standing committees
(4) Composition of subcommittee
64 Establishing other committees
65 Delegation to committees
66 Committee process
PRESIDING OFFICER
67(1) Appointment of presiding officer
(2) Mayor to chair first meeting
(3) Duties of presiding officer
(4) Absence of presiding officer
(5) Acting presiding officer
(6) Participation in debates
DIVISION 4
MEETINGS OF COUNCIL AND ITS COMMITTEES
68(1) First meeting of a council
(2) Regular meetings of council
(3) Effect of meeting not taking place
69 Adjournment
70 Minutes
71 Quorum
72(1) Decisions by majority
(2) Tie votes
73(1) Number of votes required may be increased
(2) Review of by-law in fourth year
74 Procedures by-law
75(1) Open meetings
(2) Expulsion for disorderly conduct
(3) Reports etc. available to members
76(1) By-law re in camera consideration
(2) In camera consideration
(3) Record of in camera decision in minutes
77(1) Voting obligatory
(2) Voting to be open
78(1) Council seminars
(2) Convened members of council
SPECIAL MEETINGS
79(1) Special meetings of council
(2) Notice of special meeting
(3) Effect of failure to notify
(4) Agenda at special meeting
EMERGENCY MEETINGS
80(1) Emergency meetings
(2) Place of emergency meeting
(3) Agenda of emergency meeting
USE OF COMMUNICATION DEVICES
81(1) Meeting through communication devices
(2) Participating member deemed present
(3) Meetings of committees
DIVISION 5
HEARING BODIES FOR APPEALS
82 Establishment of hearing bodies for appeals
83(1) By-law respecting hearing body
(2) Composition of hearing bodies for appeals
(3) Criteria for membership
(4) Panels
(5) Powers of panels
DIVISION 6
COMPENSATION
84(1) Setting indemnity and expenses
(2) Portion of indemnity may be deemed expense
(3) Members may accept payments
85(1) Pensions
(2) Contracts for pensions and insurance
86 Members not employees
87 Review of indemnities and expenses
PART 4
ADMINISTRATION
DIVISION 1
STRUCTURE
88(1) Administrative structure of the city
(2) Delegation to employees
(3) Delegation by employees
EMPLOYEES
89(1) Conditions of employment
(2) Change of titles to positions
EMPLOYEE PENSION PLAN
90(1) Pension plan by-laws
(2) Benefit boards and committees
(3) Composition of benefit boards
(4) Investment committees
(5) Combination of funds for investment
91(1) Admission into pension plan
(2) Definition of "area municipality"
(3) Pensions exempt from process
(4) City may refuse power of attorney
92 Admission of other employees to plan
93(1) By-law to merge pension plans
(2) Powers of council
(3) No adverse effect on pension credits
(4) Amendments
(5) Application of other statutes
EMPLOYEE BENEFITS PROGRAM
94(1) Definitions
(2) Implementation of amending agreement
(3) Application for court approval
(4) Non-application of Trustee Act
(5) Court order
(6) Effect of implementation with court approval
(7) Designation as a multi-unit pension plan
(8) Interpretation
95 Payments to city to pay other employee benefits
STATUTORY OFFICERS
96 Appointment of statutory officers
CHIEF ADMINISTRATIVE OFFICER
97 Powers etc. of chief administrative officer
98(1) Suspension of chief administrative officer
(2) EPC powers on suspension
CITY CLERK
99 Duties etc. of city clerk
CHIEF FINANCIAL OFFICER
100 Duties etc. of chief financial officer
101 Liability of chief financial officer
CITY AUDITOR
102(1) Qualifications of city auditor
(2) Restrictions on holding public office
103 Dismissal or suspension
104(1) Responsible for office of city auditor
(2) Delegation by city auditor
105(1) Duties re annual audit
(2) Duties re operations
(3) Audits of trusts and grantees
(4) Special audits and examinations
(5) Powers of auditor
(6) Reliance on other audits
106(1) Powers under Part V of Evidence Act
(2) Report to council re examination
107(1) Appointment and qualifications of external auditor
(2) Responsibilities of external auditor
(3) City auditor and external auditor
(4) Powers and duties of external auditor
(5) Report of external auditor on statements
MEDICAL OFFICER OF HEALTH
108 Medical officer of health is a designated employee
DIVISION 2
RECORDS MANAGEMENT
109 By-law respecting records
110(1) City archivist
(2) Records committee established
111 Approval for destruction or removal of record
112(1) Records available on request
(2) Certified copies of by-laws
(3) Personal security protection
DIVISION 3
NOTICES AND SERVICE OF DOCUMENTS
113(1) Public notices of hearings and other matters
(2) Multiple publications of public notices
(3) Copies of published notices
(4) Exceptions to newspaper notice
114 Notice to persons of hearing
115(1) Content of notice of hearing
(2) Content of notice of other matters
116(1) Service of order or decision
(2) Notice of appeal with order or decision
117(1) Service of notices, orders and documents
(2) Notice by mail
(3) Where service not possible
118 Posting notices etc.
119 Council may vary notice requirements
120 Evidence of notice or service
121 Service on city
DIVISION 4
HEARINGS
122(1) By-law re procedures at hearings
(2) Preliminary meeting
(3) Conduct of hearing
123(1) Adjournment of hearings
(2) New matters on continuation
DIVISION 5
PETITIONS AND OBJECTIONS
124(1) Form and content of petitions
(2) Determination of sufficiency of petition
(3) Counting of signatories
125(1) Form and content of objection
(2) Determination of sufficiency of objections
(3) Counting of signatories
126 Signatures after filing
127 Determination final

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