S.M. 2002, c. 39
The City of Winnipeg Charter Act
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 |
Sections: 1 - 127 | 128 - 282 | 283 - 450 | 451 - 539 |