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The City of Winnipeg Charter Act

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

S.M. 2002, c. 39

Bill 39, 3rd Session, 37th Legislature

The City of Winnipeg Charter Act

Sections: 1 - 127 | 128 - 282 | 283 - 450 | 451 - 539

PART 5

POWERS OF THE CITY

DIVISION 1

SPHERES OF JURISDICTION

Spheres of authority not mutually exclusive

128         If authority is granted to council under a provision of this Act to pass by-laws in respect of any matter, that authority shall not be construed to reduce or limit authority granted under any other provision of this Act

(a) to pass by-laws in respect of the same or a related matter; or

(b) to deal with the same or a related matter in a manner other than by by-law.

PUBLIC CONVENIENCE

General authority

129         Council may pass by-laws respecting

(a) subject to section 130, activities and things on private property;

(b) the naming of streets and buildings, the numbering of buildings and lots and the requirement to post names on public or private property and to affix numbers on buildings;

(c) property adjacent to streets, whether the property is publicly or privately owned;

(d) the operation of off-road vehicles on public or private property;

(e) the sale, display, offering for sale or use of fire balls, crackers and fireworks;

(f) the sale, display or offering for sale, possession or transportation of firearms and other guns — other than firearms or guns the sale, possession or transportation of which is controlled or regulated under an Act of Parliament — and the use of firearms and other guns;

(g) the sale, display, offering for sale or use of bows and arrows, slings and similar devices; and

(h) wild and domesticated animals and birds, and activities in relation to them.

Activities and things on private property

130         A by-law authorized by clause 129(a) (activities on private property) may only contain provisions respecting

(a) activities and things that in the opinion of council are or may become a nuisance or a detriment to persons or property, including noise, weeds, and activities and things that may cause fumes, odour or vibrations;

(b) unsightly buildings and premises;

(c) buildings and premises which, because of their condition or appearance, may substantially depreciate the value of other land and buildings in the vicinity;

(d) requirements for providing fences around, and for preventing entry onto or into, vacant property; and

(e) the storing of vehicles, including the number and type of vehicles that may be kept or stored and the manner of parking and storing them.

Property adjacent to streets

131         Without limiting the generality of clause 129(c) (property adjacent to streets), a by-law authorized under that clause may include provisions

(a) respecting signs, survey monuments, landscaping and setbacks and, in respect of those matters, the provisions may relate to

(i) the growing, control and removal of trees, shrubs, grass and weeds, and

(ii) the construction of buildings, including the construction, repair and removal of fences and snow fences;

(b) respecting the control and removal of snow, ice, litter and other accumulations; and

(c) requiring owners or occupants of adjoining land to remove snow and ice from sidewalks.

Animals and birds

132         Without limiting the generality of clause 129(h) (animals and birds), a by-law authorized under that clause may include provisions

(a) that differentiate on the basis of sex, breed, size or weight of animals or birds;

(b) respecting the keeping or harbouring of animals or birds;

(c) respecting the running at large of animals; and

(d) respecting the impoundment and destruction of animals causing damage, running at large or suffering from disease.

Litter from businesses

133         Council may by by-law require the proprietors of businesses that sell food or drinks in containers or papers to collect and dispose of any containers and papers discarded on the premises, or on adjoining public or private land within a distance of the business prescribed in the by-law.

HEALTH, SAFETY AND WELL-BEING

General authority

134(1)      Council may pass by-laws respecting

(a) health hazards;

(b) the protection, safety, health and well-being of people; and

(c) the protection and safety of property.

Health and safety

134(2)      Without limiting the generality of subsection (1), a by-law authorized under that subsection may include provisions respecting

(a) the sale, use, consumption, possession or disposal of substances that may constitute a health hazard;

(b) the source, use, treatment and quality of water intended for drinking or domestic purposes;

(c) the occupation, use, condemnation or demolition of any building or land that is reported to be a health hazard by the medical officer of health; and

(d) the control of insects, plant diseases and pests.

By-laws inconsistent with Public Health Act

134(3)      Council may pass by-laws providing procedures to be followed in respect of orders issued by a medical officer of health under The Public Health Act relating to premises within the city. If there is an inconsistency or a conflict between sections 17 to 22 of The Public Health Act and a provision of this Act or a by-law made under this section, the provision of this Act or the by-law, as the case may be, prevails.

ACTIVITIES IN PUBLIC PLACES

General authority

135(1)      Council may pass by-laws respecting people, activities and things in, on or near public places or places open to the public.

Meaning of "public places" etc.

135(2)      In this section, "public places and places open to the public" includes, without limiting the generality of that expression, parks, community clubs, recreation and leisure facilities, private clubs, streets, restaurants, stores, shopping and business malls, theatres and public facilities of all kinds.

STREETS

Control of streets

136         Subject to this and any other Act, the city has the control and management of streets within the city.

Possession and control vests in city

137         Where the city has the direction, control and management of a street and title to the land on which the street is situated is vested in the Crown, the title remains so vested but the possession and control of the street is vested in the city.

City is traffic authority

138         The city is the traffic authority under The Highway Traffic Act in respect of streets of which it has direction, control and management and, in respect of those streets, it has all the powers granted to, or enjoyed by, and the duties charged on, a traffic authority under that Act.

General authority

139         Council may pass by-laws respecting streets and the parking of vehicles in the city, including, without limiting the generality of the foregoing, by-laws respecting

(a) the surveying, settling and marking of boundary lines of streets;

(b) the opening and, subject to section 140, the closing of streets;

(c) subject to section 141, determining what persons, if any, will be considered to be injuriously affected by the closing of a street;

(d) subject to section 143, the designation of a street or a portion of a street as a limited access street;

(e) the process for determining and designating temporary street closings and detours;

(f) private works in streets;

(g) the installation and use of parking meters;

(h) agreements for the installation of parking meters on private land and the enforcement of by-laws respecting parking under such agreements;

(i) traffic on streets;

(j) the maintenance of boulevards;

(k) the distance from a street boundary within which a building shall not be constructed; and

(l) fixing an administration fee for the purposes of subclause 23.3(8)(b)(i) (expenses in respect of lien) of The Summary Convictions Act.

Closing streets

140(1)      Council shall not, under the authority of clause 139(b), pass a by-law closing a street unless

(a) at least 14 days before passing the by-law, the city posts in 6 of the most prominent locations in the neighbourhood of the street a notice of the proposed closing indicating where and when

(i) any objections to the proposed closing must be filed, and

(ii) a designated committee of council will consider any objections;

(b) any person who filed an objection in accordance with the notice posted under clause (a) has been given an opportunity to appear before the designated committee of council, at a time and place set out in the notice, to present his or her objection, and the committee has forwarded its report and recommendations in respect of the objections, to council; and

(c) in respect of each parcel of land to which access is provided by the street, either

(i) the city provides another convenient means of access to the parcel, or

(ii) subject to section 141, the owner and occupant of the parcel elect in writing to be compensated for the loss of access instead of having the city provide another means of access.

Combined by-laws

140(2)      If a by-law combines the closing of a street with the determination of persons considered to be injuriously affected by the closing, the notice required under clause (1)(a) in respect of the closing may be combined with the notice required under subsection 141(1).

Determining persons injuriously affected

141(1)      Council must not, under the authority of clause 139(c), pass a by-law determining what persons are injuriously affected by the closing of a street unless

(a) at least 14 days before passing the by-law, the city posts in six of the most prominent locations in the neighbourhood of the street a notice of the proposed by-law indicating the persons or classes of persons who will be considered to be so affected; and

(b) when the by-law is passed, no persons or classes of persons other than those mentioned in the notice are entitled to compensation in respect of the closing, unless the determination is amended on appeal as provided in this section.

Appeal of by-law

141(2)      A person who is dissatisfied with a determination made in a by-law referred to in subsection (1) may, within 14 days after passage of the by-law, appeal the by-law by applying to the Court of Queen's Bench and providing the court with

(a) a certified copy of the by-law;

(b) an affidavit showing the person's interest in the by-law; and

(c) proof of service of the application on the city.

Decision on appeal

141(3)      On hearing an application under subsection (2) from a by-law, the court may change, add to or reduce the number of persons or classes of persons determined by the by-law to be injuriously affected or may dismiss the application, and the decision of the judge is final and conclusive.

Land from closed street

142         When a street is closed by a by-law passed under clause 139(b), the land previously occupied by the street

(a) may be dealt with in the same way as other land owned by the city; and

(b) if the land is conveyed by the city to an owner of adjoining land, upon being consolidated with the adjoining land, it becomes subject to any valid and subsisting mortgage, encumbrance, lien, or charge to which that adjoining land is subject.

Designation of limited access street

143(1)      A by-law authorized under clause 139(d) that designates a street or a portion of a street as a limited access street may prohibit anyone from constructing, using or allowing the use of any private road, entrance way or gate that opens onto, connects with or provides access to the street or portion except under the authority of and in accordance with the by-law.

Compensation for closing entrances

143(2)      Where a by-law authorized under clause 139(d) designates a street as a limited access street and the owner and occupant of land are required to close a private road, entrance way or gate that opens onto, is connected with or provides access to the street, the owner and occupant of the land are entitled to receive compensation from the city for the closure.

Determination of compensation

144         Where the city and an owner or occupant of land cannot agree on the amount of compensation to be paid under subclause 140(1)(c)(ii) or subsection 143(2), the compensation shall be determined as provided in The Expropriation Act.

Private works on streets

145         Without limiting the generality of clause 139(f) (private works in streets), a by-law authorized under that clause may include provisions respecting the type and construction of private works in streets.

Designated parking spaces for disabled

146(1)      Without limiting the generality of section 139, a by-law authorized under that clause may include provisions requiring owners and operators of parking facilities to which the public has access, whether on payment of a fee or otherwise, to provide designated parking spaces for the use of vehicles displaying, in accordance with The Highway Traffic Act and regulations made under that Act, physically disabled persons' parking permits issued under section 124.3 of that Act, and prohibiting the use of such spaces by other vehicles, and

(a) specifying the dimensions and locations of such designated parking spaces and the number of such spaces to be provided in each parking facility, and the number of such spaces may be based on a proportion of the total number of parking spaces in the parking facility; and

(b) specifying the requirements for the design, dimensions and location of signs or traffic control devices to identify such parking spaces.

Offence

146(2)      Council must pass a by-law making it an offence for a person to stop, stand or park a motor vehicle

(a) in a designated parking space; or

(b) in a way that makes a designated parking space inaccessible;

unless a permit is displayed in the vehicle and is used in accordance with The Highway Traffic Act and regulations made under that Act.

Penalty

146(3)      A by-law passed under subsection (2) must establish as a minimum penalty for an offence under the by-law a fine that is equal to or greater than the maximum fine for any other parking violation under a by-law.

Boulevards

147         Without limiting the generality of clause 139(j) (boulevard maintenance), a by-law authorized under that clause may include provisions

(a) requiring owners or occupants of land to maintain boulevards that abut the land; and

(b) designating boulevards or portions of boulevards that benefit the city at large and for the maintenance of which the city is responsible.

ACTIVITIES OF BUSINESSES

General authority

148         Council may, in the interest of the health, safety, welfare and protection of persons, or in the interest of preventing or minimizing nuisances, pass by-laws in respect of the following matters:

(a) businesses;

(b) the carrying on of businesses;

(c) persons carrying on businesses;

(d) premises in which businesses are carried on.

Business activities

149(1)       A by-law passed under the authority of section 148 may include provisions

(a) prohibiting businesses from dealing with minors or individuals under a specified age or from admitting minors or individuals under a specified age to premises in which the business is carried on;

(b) respecting standards and requirements for businesses in respect of the exhibiting, selling, offering for sale, providing and offering to provide goods, services and other activities;

(c) respecting requirements for certain classes of businesses

(i) to keep, and produce in prescribed circumstances or on demand, prescribed records and information in respect of business transactions,

(ii) to retain goods acquired in the business on the business premises or other prescribed premises for a prescribed period of time, and

(iii) to deliver to customers or other persons dealing with the business certain records or documents in respect of transactions; and

(d) respecting hours of operation of businesses.

Business licensing

149(2)      Without limiting the generality of section 148, a by-law passed under the authority of that section may include provisions respecting

(a) conditions that must be met before a licence is issued, including the character and fitness of the applicant or licensee;

(b) the designation of classes of businesses that council considers may be injurious to the interests of owners or occupants of property in the vicinity, and providing for conditions and procedures for approving licences for those businesses;

(c) conditions that a business may be carried on only in the premises specified in the licence; and

(d) the designation of parts of the city in which businesses or specified businesses or classes of businesses may not be carried on.

Restriction on licensing certain businesses

149(3)      A by-law passed under the authority of section 148 must not require a licence to be obtained for

(a) selling agricultural produce grown in Manitoba if the sale is made by the individual who produced it, a member of the immediate family of the individual or another individual employed by the individual;

(b) operating a public utility that is governed by statute or that is carried on under an agreement between the operator of the utility and the city; or

(c) carrying on a railway.

BUILDINGS, EQUIPMENT AND MATERIALS

General authority

150         Council may pass by-laws respecting

(a) construction and occupancy of buildings;

(b) construction activities;

(c) the installation and use of materials and equipment, other than equipment of Manitoba Hydro, in buildings;

(d) inspections of construction and construction activities;

(e) buildings that council considers to be of special architectural or historic interest; and

(f) the Winnipeg Building Commission.

Construction activities

151         Without limiting the generality of clauses 150(a) and (b), council may pass by-laws

(a) respecting requirements for plans relating to construction;

(b) respecting standards relating to construction;

(c) respecting standards relating to the design and appearance of buildings;

(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;

(e) respecting permitted degrees of non-conformity with the requirements of a by-law; and

(f) prescribing qualifications for individuals who are engaged in any work in construction.

Inspection of plans

152(1)      The city must cause all plans relating to any construction to be inspected to determine whether the construction will comply with the applicable by-laws.

Approval of plans

152(2)      The city must establish a procedure for approving plans under this section, and no permit or approval respecting the construction shall be issued by the city until the plans have been approved in accordance with that procedure.

Extent of inspections

152(3)      The inspection required under this section must relate to the materials and methods to be used, and the work to be done, in construction.

Report of offence to associations

153(1)      If an employee of the city believes, on reasonable grounds after inspection of a plan, or on the basis of other information relating to any construction, that an offence has been committed under The Engineering and Geoscientific Professions Act or The Architects Act, the employee may inform the Association of Professional Engineers and Geoscientists of the Province of Manitoba or The Manitoba Association of Architects of the circumstances leading to that belief.

Information given on request

153(2)      If the Association of Professional Engineers and Geoscientists of the Province of Manitoba or The Manitoba Association of Architects is investigating any work that a professional engineer or an architect has done, the city may make any information in its possession that relates to the work available to the association on its written request.

No action for providing information

153(3)      No action lies against the city or an employee or agent of the city for providing information under subsection (1) or (2).

Equipment and materials

154         Without limiting the generality of clause 150(c), council may pass by-laws respecting the use of materials, methods and equipment in construction that council considers injurious or potentially injurious to health and safety.

Exception for certain electrical inspections

155         Without limiting the generality of clause 150(d) (inspection of construction), and despite The Electricians' Licence Act and The Manitoba Hydro Act, council may pass by-laws permitting electrical inspections of one- or two-family dwellings, row housing and related buildings and equipment, to be made by an inspector who holds

(a) an electrician's journeyperson licence;

(b) a journeyperson's certificate in another related trade; or

(c) other qualifications acceptable to the city.

Buildings conservation list

156         Without limiting the generality of clause 150(e) (buildings of special interest), council may pass by-laws respecting

(a) the establishment and maintenance of a list of buildings that council considers to be of special architectural or historic interest;

(b) the establishment of criteria and procedures to determine

(i) which buildings should be added to the list, and

(ii) which buildings should be deleted from the list; and

(c) limits and conditions on construction and occupancy in respect of buildings on the list.

Winnipeg Building Commission

157(1)      Without limiting the generality of clause 150(f) (Winnipeg Building Commission), council may pass by-laws

(a) establishing a Winnipeg Building Commission;

(b) respecting rules governing the commission and its practice and procedures;

(c) providing for the appointment of members of the commission and remuneration of such members who are not members of council; and

(d) authorizing the commission to modify or vary a requirement of a by-law passed under section 150 in so far as it applies to the construction of a building, if the commission considers it advisable and expedient because of the proposed use of new methods or materials in the construction.

Powers of commission re existing buildings

157(2)      Where a by-law passed under section 150 requires an alteration to be made to, or equipment to be installed in, an existing building, the Winnipeg Building Commission, on application of any person, or on its own initiative, may decide, subject to The Buildings and Mobile Homes Act, whether the alteration must be made or the equipment installed.

CONSTRUCTION IN FLOODWAY AND FLOODWAY FRINGE AREAS

Regulations by Lieutenant Governor in Council

158(1)      The Lieutenant Governor in Council may make regulations

(a) designating areas of the city as designated floodway areas or designated floodway fringe areas;

(b) establishing floodproofing criteria for buildings constructed in designated floodway areas and designated floodway fringe areas;

(c) designating buildings or classes of buildings that are exempt from complying with floodproofing criteria; and

(d) respecting the circumstances in which an order under subsection (6) to vary floodproofing criteria may be made and the extent to which those criteria may be varied.

Restricted construction in floodway areas

158(2)      Subject to subsection (3), no person shall construct, and the city shall not issue a permit for construction of, works within a designated floodway area unless the works are public service works.

Exception for construction in floodway area

158(3)      If, immediately before a regulation designating a designated floodway area came into force, a person was entitled to a permit for the construction of a building on land within the area,

(a) the city may issue a permit to the person for construction of a building on the land;

(b) the person may construct the building in conformity with the permit; and

(c) all construction done under the permit is subject to all restrictions applicable in a designated floodway fringe area.

Restricted construction in floodway fringe areas

158(4)      Subject to subsection (6), no person shall construct, and the city shall not issue a permit for construction or occupancy of, a building within a designated floodway fringe area unless the building complies with floodproofing criteria.

Permit for superstructure

158(5)      The city shall not issue a permit for construction of the superstructure of a building in a designated floodway area or a designated floodway fringe area until

(a) the foundation of the building is completed; and

(b) a surveyor's certificate, or similar document approved by a designated employee, is filed with the city showing that the elevation of the foundation complies with floodproofing criteria.

Variation of floodproofing criteria

158(6)      Subject to the regulations, an owner of land within a designated floodway fringe area may apply to a designated employee for an order varying the floodproofing criteria in respect of proposed construction of a building on the land.

Order varying floodproofing criteria

158(7)      Subject to the regulations, on receiving an application under subsection (6), a designated employee, if reasonably satisfied that it is impossible or impractical to comply with the floodproofing criteria, may make an order varying the floodproofing criteria in respect of

(a) a new building to be constructed on one of a small number of remaining building sites or the only remaining building site, or on a newly subdivided building site, in an area that is almost fully developed with buildings;

(b) proposed construction in respect of an existing building; or

(c) the replacement of a building that has been destroyed by fire or other peril.

Conditions respecting flood protection

158(8)      An order under subsection (7) may be made subject to terms and conditions that are prescribed in the regulations and that the designated employee considers necessary or desirable, including a prohibition of any payment by the city for flood protection assistance or flood damage assistance.

Province to receive order

158(9)      The city must file with the minister, or a person designated by the minister, a copy of every order made under subsection (7).

WATERWAYS

General authority

159(1)      Council may pass by-laws respecting waterways.

Waterways

159(2)      Without limiting the generality of subsection (1), council may pass by-laws

(a) designating waterways or portions of them, and areas adjacent thereto, as regulated areas and respecting

(i) actions and measures that may alter or maintain

(A) drainage and water flow within the regulated areas, or

(B) stability of banks of waterways and land within the regulated areas, and

(ii) materials and methods used in construction within the regulated areas;

(b) respecting flood control works and other measures considered by council to be necessary to protect persons and property from flooding or the risk of flooding;

(c) subject to subsection (3), respecting construction of buildings spanning waterways; and

(d) respecting activities on the frozen surfaces of waterways.

Construction spanning waterways

159(3)      The city must not permit the construction of any building in a waterway or spanning a waterway, except

(a) public service works; or

(b) if a by-law has been passed under clause(2)(c), buildings that conform with the by-law.

WATER

City to ensure water supply

160(1)      Subject to the provisions of this Act, the city must ensure a supply of water for its citizens.

Powers respecting water

160(2)      For the purpose of carrying out its responsibility under subsection (1), the city may provide water from sources within or outside the province and, for that purpose

(a) has exclusive possession and control of land, works and equipment that form part of, or are used for, its waterworks; and

(b) may, subject to obtaining any necessary rights, licences or approvals from Her Majesty in right of Canada or a province, carry on its operations and exercise its rights in respect of that responsibility outside Manitoba.

Application of by-laws to waterworks system

160(3)       By-laws of the city apply to land, works and equipment that form part of, or are used for, the city's waterworks, whether they are within or outside the city.

By-laws respecting water supply

160(4)      For the purpose of carrying out the city's responsibility and powers under subsections (1) and (2) and without limiting the powers set out in subsection (2), council may pass by-laws respecting

(a) the protection of the city's water supply from health hazards;

(b) the manner, extent and nature of the supply of water from its waterworks to properties;

(c) the installation, movement, connection, disconnection and maintenance of meters and service pipes between properties and water mains and the persons responsible for payment of the costs thereof;

(d) standards and specifications of design for, and maintenance of, connections with waterworks, including requiring measures to be taken or devices to be installed to cut off or control the connection between property and the waterworks; and

(e) the individuals authorized to do the work or make the connections set out in clauses (c) and (d).

WASTE

General authority

161(1)      Council may pass by-laws respecting

(a) the collection, handling, recycling and disposal of solid waste;

(b) the collection, handling, treatment and disposal of wastewater; and

(c) securing the proper drainage of land in the city.

Solid waste

161(2)      Without limiting the generality of clause (1)(a), a by-law authorized under that clause may include provisions

(a) specifying the location where, and manner in which, owners and occupants of property are required to provide receptacles for solid waste;

(b) specifying and authorizing persons who may collect and handle solid waste;

(c) respecting the removal and disposal of solid waste by owners and occupants of property on which the waste originates; and

(d) respecting the establishment and use of sanitary landfill sites, inorganic materials disposal grounds and other facilities for the disposal of solid waste within or outside the city.

Drainage and wastewater

161(3)      Without limiting the generality of clauses (1)(b) and (c), by-laws authorized under those clauses may include provisions respecting

(a) the placing, depositing or discharging of anything in or into a wastewater system or watercourse or on or onto land;

(b) the control, diversion or altering of watercourses, whether covered or not, including watercourses passing through private land;

(c) requirements for owners or occupants of property to construct and maintain works and equipment that council considers necessary for the treatment of wastewater or other health hazard before it is discharged into a wastewater system or watercourse or onto land;

(d) the installation, movement, connection, disconnection and maintenance of meters and service pipes between properties and wastewater systems and the persons responsible for payment of the costs thereof; and

(e) standards and specifications of design for, and maintenance of, connections with wastewater systems, including requiring measures to be taken or devices to be installed to cut off or control the connection between property and the wastewater system and the persons authorized to make the connections.

PUBLIC TRANSPORTATION

General authority

162(1)      Council may pass by-laws respecting local transportation systems and chartered bus services.

Transit and transportation

162(2)      Without limiting the generality of subsection (1), council may pass by-laws

(a) establishing fare zones for transit service;

(b) prescribing the types of chartered bus services that the city may provide;

(c) respecting the provision of transportation services to Birds Hill Provincial Park; and

(d) respecting the provision of transportation to any facility or site owned or operated by the city whether within or outside the city.

Exclusive authority

163(1)      The city has exclusive authority to operate local fixed-fare passenger transportation services within the city except

(a) railways;

(b) taxicabs and school buses as those expressions are defined in The Highway Traffic Act;

(c) motor vehicles operated by a school division or private school for school purposes;

(d) buses operated as a chartered bus service; and

(e) buses owned and operated by a corporation or organization solely for the purposes of the corporation or organization if no fare or fee is charged for transportation in the buses.

Vehicles operated for school purposes

163(2)      Despite any provision of The Highway Traffic Act, motor vehicles operated by a school division or a private school are not, while they are operated within the city, public service vehicles as that expression is defined in subsection 1(1) of that Act.

Agreement for private operation

163(3)      Despite subsection (1), where a person wishes to provide a local transportation service that falls under the exclusive authority of the city under subsection (1) and the person is not providing the service for or on behalf of the city, the city may, at the person's request, enter into an agreement with the person under which the person will operate a local passenger transportation service of such kind and in such part of the city as is specified in the agreement; but

(a) before beginning to operate the service the person must obtain from The Public Utilities Board approval of the agreement and be authorized by that board to operate a local transportation service in the city; and

(b) the operation of the service is, in all respects, subject to the authority and supervision of that board.

AMBULANCE SERVICES

General authority

164         Council may pass by-laws respecting ambulance services.

FIRE PROTECTION

General authority

165(1)      Council may pass by-laws respecting

(a) the prevention and suppression of fires; and

(b) the protection of persons and property endangered by fires.

Fire protection

165(2)      Without limiting the generality of subsection (1), council may pass by-laws respecting

(a) the demolition of buildings adjacent to a fire to prevent the fire from spreading;

(b) acts, practices, conditions or things that may cause or aggravate fires; and

(c) the prevention of fires or reducing the danger of damage, injury or loss of life from fires.

POLICE

General authority

166(1)      Council may establish, and pass by-laws respecting, a police service.

Composition of police service

166(2)      The police service of the city consists of a chief of the police service and such other members as council may authorize.

Restrictions on by-laws

166(3)      A by-law passed under the authority of subsection (1) may only contain provisions

(a) prescribing the ranks, positions and duties of the members of the police service;

(b) for the organization, government, administration, control, discipline, well-being and efficiency of the police service; and

(c) respecting punishment for offences and breaches of discipline by members of the police service.

Duties of members of police service

166(4)      Subject to by-laws passed under the authority of subsection (1), every peace officer who is a member of the police service must

(a) perform all duties assigned to the officer in relation to the preservation of peace, the prevention of crime and offences against laws in force in Manitoba and the apprehension of criminals and offenders and others who may lawfully be taken into custody;

(b) execute all warrants and perform all duties that under the laws in force in Manitoba may lawfully be executed or performed by peace officers; and

(c) perform such other duties and functions as may from time to time be assigned to them by the chief of the police service.

Committee for investigation of conduct of police

167         Council may appoint a committee of individuals who are not members of council to investigate conduct of a member of the police service, and on being appointed the committee has the powers and protection of a commissioner appointed under The Manitoba Evidence Act.

Lock-ups

168         The city may establish lock-ups for the detention of individuals

(a) charged with an offence and ordered by a court of competent jurisdiction to be remanded in custody;

(b) sentenced to imprisonment for a term of not more than 30 days for a contravention of a by-law; or

(c) waiting to be conveyed to a correctional institution or penitentiary.

ARBITRATION IN COLLECTIVE BARGAINING WITH POLICE SERVICES

Definitions

169(1)      In this section and sections 170 to 173, and in applying any provision of The Fire Departments Arbitration Act that applies for the purposes of this Act,

"arbitration board" means an arbitration board established under section 171; (« conseil d'arbitrage »)

"bargaining agent" means the Winnipeg Police Association; (« agent négociateur »)

"collective agreement" means a collective agreement entered into between the city and the bargaining agent in respect of members of the police department; (« convention collective »)

"members of the police department" means the members of the police service of the city who are members of the bargaining unit in respect of which the bargaining agent is certified under the principal Act; (« policiers »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of the principal Act; (« ministre »)

"principal Act" means The Labour Relations Act. (« loi principale »)

Words and expressions in principal Act

169(2)      Except where the context otherwise requires, and subject to subsection (1), words and expressions used in this section and sections 170 to 173 have the same meaning as they have in the principal Act.

Application of principal Act

170         Except as provided in sections 171 to 173, the provisions of the principal Act respecting collective bargaining apply to collective bargaining between the city and the bargaining agent and, where in any situation there is a conflict between any of those sections and a provision of the principal Act, the section of this Act prevails.

Application for arbitration board

171(1)      Where

(a) the city or the bargaining agent has given notice to the other to commence collective bargaining with a view to the conclusion of a collective agreement;

(b) three months have elapsed since the notice was given;

(c) any collective agreement in effect at the time the notice was given would, but for subsection 173(3), have ceased to be in effect; and

(d) the city and the bargaining agent have not concluded a new collective agreement or a renewal or revision of an existing or former collective agreement;

either or both of them may apply to the minister to appoint an arbitration board.

Establishment of arbitration board

171(2)      Where the minister receives an application under subsection (1), the minister may establish an arbitration board

(a) to deal with the dispute that has arisen in the collective bargaining between the city and the bargaining agent; and

(b) to formulate a collective agreement, or the renewal or revision of an existing or former collective agreement.

Appointment of members of arbitration board

171(3)      Except as otherwise provided in this section,

(a) the provisions of the principal Act respecting the membership and appointment of the members and chairperson of a conciliation board apply, with necessary changes, to and in respect of the membership and appointment of members and chairperson of an arbitration board; and

(b) on appointment of an arbitration board under this section, the provisions of the principal Act respecting the procedures, powers, duties, privileges and awards of an arbitration board appointed under that Act apply to and in respect of the arbitration board.

Failure to appoint chairperson

171(4)      Where the two members of an arbitration board nominated by the city and the bargaining agent fail or neglect to nominate a third individual to be a member and chairperson of the arbitration board within the time prescribed under subsection 98(4) (chairperson nominated by other members) of the principal Act, the minister shall report that fact to the Chief Justice of Manitoba who shall

(a) select an individual willing and ready to act as a member and chairperson of the arbitration board; and

(b) shall notify the minister of the individual selected.

Work of arbitration board

172(1)      Subsections 10(2) and (3) (terms of reference) and sections 11 (awards), 13 (lockouts and strikes prohibited), 14 (expenses and assistance) and 15 (penalties) of The Fire Departments Arbitration Act apply, with necessary changes, as though those provisions were set out in this Act.

Changes in applying provisions

172(2)      In applying provisions of The Fire Departments Arbitration Act referred to in subsection (1),

(a) all references to "a municipality" or "the municipality" shall be read as references to "the city"; and

(b) all references to "firemen" shall be read as references to "members of the police department".

Commencement of agreement or award

173(1)      Every collective agreement, and every award made by an arbitration board, has effect on and after the first day after the day that any collective agreement in effect at the time the notice to commence collective bargaining was given by the city or the bargaining agent to the other would, but for subsection (3), have ceased to be in effect, whether or not the city has made, or can make, provision for any additional expenditures arising from the agreement or award for the year in which it comes into effect or any part of that year.

Term of agreement

173(2)      Subject to subsection (3), every collective agreement remains in effect for the term specified in the agreement.

Continuation of agreement and award

173(3)      After the end of the period during which a collective agreement or an award by an arbitration board remains in effect as provided in subsection (2), the agreement or award continues in effect until it is replaced by a new collective agreement or award, as the case may be.

DIVISION 2

EXERCISING BY-LAW MAKING AUTHORITY

General powers in exercise of authority

174         Without limiting the generality of any other provision of this Act, council may, in a by-law passed under this Act,

(a) regulate or prohibit;

(b) adopt by reference, in whole or in part, with or without changes or additions, any code or standard made or recommended by the Government of Canada or a province or by a recognized technical or professional organization, and require compliance with the code or standard;

(c) deal with any activity, development, construction, industry, business, property, animal or thing in different ways, or divide any of them into classes and deal with each class differently;

(d) provide for a system of licences, permits or approvals, and procedures for making and dealing with applications for licences, permits and approvals, including any or all of the following:

(i) the form and content of applications for licences, permits or approvals,

(ii) prohibiting an activity, business, development, construction, industry or thing until a licence, permit or approval is granted in respect of it,

(iii) providing for the duration of licences, permits and approvals,

(iv) providing that terms and conditions may be imposed on any licence, permit or approval and providing for the nature of the terms and conditions and when, how and by whom they may be imposed,

(v) providing for the refusal to grant licences, permits or approvals,

(vi) providing for the suspension, cancellation or revocation of licences, permits or approvals and other remedial actions in respect of them,

(vii) the charging, including the method of calculating the charges, and collection of the costs of inspections made and remedial actions taken in respect of licences, permits and approvals or in respect of codes or standards adopted under clause (b),

(viii) requiring persons to whom licences, permits or approvals are granted to obtain and keep in effect policies of insurance for public liability for the protection of persons who might suffer loss or damage directly or indirectly from the business or activity, or the use of the property, to which a licence, permit or approval relates,

(ix) providing for the posting of a bond or the deposit of other securities

(A) to ensure compliance with the terms and conditions of a licence, permit or approval, or

(B) to protect and indemnify the city or any other person against any loss or damage that the city or the other person may suffer arising directly or indirectly from the business or activity, or the use of the property, to which a licence, permit or approval relates;

(e) require the person responsible to produce prescribed information and documents for the purpose of

(i) administering or enforcing any provision of this Act or any by-law respecting businesses, construction, development or property or any activity,

(ii) an application in respect of a licence, permit or approval, or

(iii) determining the cost of construction; and

(f) except where a right of appeal is provided by this or any other Act, provide for appeals.

DIVISION 3

ENFORCEMENT AND BY-LAWS RESPECTING ENFORCEMENT

General powers respecting enforcement

175         Council may pass by-laws

(a) providing for the enforcement of the provisions of this Act and of by-laws, including inspections, for determining whether persons are complying with the provisions of this Act and of by-laws;

(b) authorizing remedies for contraventions of by-laws, including seizing, removing, destroying, impounding, detaining on premises, confiscating and selling or otherwise disposing of food, drinks, plants, animals, birds, vehicles, substances or other chattels related to a contravention;

(c) establishing penalties for offences under section 177 (offences) and, subject to section 179 (limitation on penalty fixing), establishing

(i) minimum and maximum penalties for offences,

(ii) minimum and maximum penalties for second or subsequent offences, and

(iii) a progressive fine structure for voluntary payment of fines;

(d) providing other remedies for contraventions of by-laws, including, without limiting the foregoing,

(i) the imposition of a monetary penalty for a contravention of a by-law that is in addition to a fine or imprisonment if the penalty relates to a fee, rate, charge or cost that is associated with the conduct that gives rise to the contravention, or is related to the enforcement of the by-law,

(ii) the collection of monetary penalties mentioned in subclause (i) in any manner in which a tax imposed by the city may be collected under this Act,

(iii) without affecting any other remedy for the contravention of a by-law, the seizure and sale of the goods, wherever found, of a person carrying on an activity or business without a licence, permit or approval contrary to a by-law, to enforce payment of the fee or charge for the licence and the costs of the seizure and sale, and

(iv) the method of calculating and the charging and collecting costs incurred in respect of any action taken to enforce a by-law, including, where the person responsible for the contravention of a by-law in respect of which such action is taken is the owner of real property in the city, adding the amount of those costs to real property taxes on the property to be collected in the same manner as, and with the same priorities as, those taxes.

SPECIAL CONSTABLES AND ENFORCEMENT OFFICERS

Appointment of enforcement officers

176(1)      Council may designate enforcement officers and prescribe their powers, duties and functions.

Appointment of special constables

176(2)      Council may, for the purposes of the city, appoint employees or other individuals as special constables, who have the powers and privileges and are subject to the same liabilities as a constable appointed under The Provincial Police Act.

Status of special constables

176(3)      For the purposes of The Law Enforcement Review Act, special constables appointed under subsection (2) are not police officers and are not members of a police department.

OFFENCES AND PENALTIES

Offences

177(1)      Every person is guilty of an offence who contravenes

(a) a provision of this Act or a regulation made under this Act;

(b) a by-law or resolution made under this Act;

(c) an order made under this Act or a by-law;

(d) a provision of another Act which, by this Act, is made applicable to the city or to proceedings taken or things done under this Act; or

(e) a development agreement that the city has entered into with the person under section 240 (development agreements).

Separate offences

177(2)      Where a contravention mentioned in subsection (1) continues for more than one day, the person is guilty of a separate offence for each day the contravention continues.

Directors and officers of corporations

177(3)      Where a corporation commits an offence under subsection (1), a director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of the offence.

General penalty

178(1)      Where no other penalty is established under this Act or a by-law for an offence under section 177, every person who is guilty of the offence is liable on summary conviction

(a) in the case of an individual, to a fine of not more than $1,000., or imprisonment for a term of not more than six months, or both; and

(b) in the case of a corporation, to a fine of not more than $5,000.

Consent payments

178(2)      A by-law establishing a penalty under subsection (1) may provide that a person who contravenes a provision described in subsection 177(1) may pay an amount established by by-law and if the amount is paid, the person will not be prosecuted for the contravention.

Orders in addition to penalty

178(3)      Where a person is convicted of a contravention of a provision of this Act or a by-law, a justice may, in addition to imposing a penalty established under this Act or a by-law, order the person to do one or both of the following:

(a) comply with the provision that the person contravened;

(b) pay to the city the amount of costs incurred by the city as a result of the contravention.

Conditions for fine payment

178(4)      When imposing a fine established under this Act or a by-law, a justice

(a) shall set a time limit for payment of the fine; and

(b) may

(i) where the fine is imposed on an individual, impose a term of imprisonment to be served if the fine is not paid within the time limit, or

(ii) where the fine is imposed on a corporation, order that the city may distrain goods and chattels of the corporation if the fine is not paid within the time limit.

Limitation on penalty fixing

179         Council does not have authority under section 175 (power respecting enforcement) to establish

(a) a term of imprisonment as a minimum penalty for an offence; or

(b) a term of imprisonment greater than six months as a maximum penalty for an offence.

INSPECTIONS AND ORDERS

Inspections

180(1)      If this Act, another enactment or a by-law authorizes or requires anything to be inspected, remedied, enforced or done by the city, a designated employee may, after giving reasonable notice to the owner or occupant of the land or building to be inspected or tested, or in which the thing to be inspected or tested or in respect of which the remedy, enforcement or action is authorized or required is located,

(a) enter the land or building at any reasonable time, and carry out the inspection, enforcement or action authorized or required by the Act or by-law;

(b) request that anything be produced to assist in the inspection, remedy, enforcement or action;

(c) make copies of a record, document, or thing related to the inspection, remedy, enforcement or action; and

(d) on providing a receipt, remove a record, document, or thing, if it is relevant to the inspection.

Identification of designated employee

180(2)      A designated employee exercising any authority under subsection (1) or section 182 must, upon request, display or produce identification showing that he or she has been designated as an employee who may exercise that authority.

No notice in emergencies

181         In an emergency, or in extraordinary circumstances, a designated employee need not give reasonable or any notice to enter land or a building and may do any of the things referred to in subsection 180(1) without the consent of the owner or occupier of the land or building and without a warrant.

Inspection programs conducted by public notice

182(1)      Council may by by-law appoint designated employees who may, at reasonable times, and in accordance with a public notice of an inspection program, enter on and inspect land in the city to determine whether by-laws authorized by the following provisions are being complied with:

(a) clause 130(a) (nuisance);

(b) section 131 (property adjacent to streets);

(c) section 134 (health, safety and well-being);

(d) clause 150(d) (inspections of construction and construction activity);

(e) section 159 (waterways);

(f) subsection 160(4) (by-law respecting water supply);

(g) section 161 (waste);

(h) section 165 (fire protection).

Public notice of inspections

182(2)      A public notice of an inspection program must include a general description of

(a) the purpose of the inspection;

(b) when the inspections may take place; and

(c) the neighbourhood, district or area of the city in which the inspections will occur.

Council may reappoint employee

182(3)      A by-law appointing an employee under subsection (1) expires one year after it is passed, but council may by by-law reappoint the employee.

Entry for inspection under public notice

182(4)      In accordance with a public notice under this section, a designated employee may enter and inspect land.

Liability for damages

182(5)      The city is liable for any damage arising from the entry of a designated employee upon land under the authority of this section.

Application for warrant

183(1)      If the owner or occupier refuses to allow or interferes with the entry, inspection, enforcement or action referred to in section 180 or 182, a justice who is satisfied by information under oath that entry to the land or building is necessary in the circumstances shall, on application of the city, issue a warrant authorizing the individual named in the warrant to enter the land or building.

Application before entry attempted

183(2)      The city may apply for, and a justice may issue, a warrant under this section before any attempt is made to enter the land or building affected.

Daytime execution of warrant

183(3)      A warrant issued under subsection (1) shall be executed during daylight hours unless the warrant authorizes it to be executed during the night.

Order to remedy contravention

184(1)      A designated employee who finds that this Act, another enactment that the city is authorized or required to enforce, or a by-law is being contravened, may, by written order, require the person responsible for the contravention to remedy it and shall serve the order on the person.

Content of order

184(2)       An order under subsection (1) may

(a) direct the person to stop doing something, or to change the way in which the person is doing it;

(b) direct the person to take any action or measure necessary to remedy the contravention, including the demolition or removal of a building;

(c) direct the person to vacate a premises and forbid its use or occupancy;

(d) specify a time within which the person must comply with the order; and

(e) state that if the person does not comply with the order within the specified time, the city will take the action or measure ordered at the expense of the person.

Registration of order

184(3)      If an order made under subsection (1) or 158(7) (variation of floodproofing criteria) relates to a parcel of land or to a building on a parcel of land, the city may register the order by way of caveat against the parcel in the land titles office.

Content of registered order

184(4)      An order under this section may be registered only if it includes

(a) a description of the parcel of land that the order relates to; and

(b) a statement that the land, or a building or structure on the land, does not comply with this Act, another enactment that the city is authorized or required to enforce, or a by-law.

District registrar to register order

184(5)      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

184(6)      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.

Discharge of order

184(7)      Where an order registered under this section is no longer relevant, the city shall register a notice of discharge in the land titles office in a form prescribed under The Real Property Act.

City remedying contravention etc.

185(1)      Where

(a) a person has been served with an order under section 184;

(b) the person to whom the order was directed has not complied with the order within the time specified in it; and

(c) the time within which an appeal against the order may be taken has expired or, if an appeal against the order was taken, the appeal has been decided and the decision

(i) confirms the order, or

(ii) varies the order, but the person has not complied with the order as varied;

the city may, subject to subsection (3), take any action or measure that is referred to in the order and that is reasonable to remedy the contravention, and in so doing the city may do any work on adjoining land or buildings that is necessitated by the city remedying the contravention.

Closure of building and removal of occupants

185(2)      If the actions or measures taken by the city under subsection (1) are for the purpose of removing or demolishing a building, eliminating a danger to public safety or property or putting a building into a sanitary or a safe condition, the city may close the building and use reasonable force to remove the occupants of the building and restrict entry to the building except for the purpose of carrying out the actions and measures.

Notice before removal or demolition

185(3)      The city must not remove or demolish a habitable building, or a structure that is an accessory to a habitable building, under subsection (1) unless

(a) the order is issued under clause 184(2)(b) and includes a statement that the building or structure could be removed or demolished if the order is not complied with; and

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

Emergencies

186(1)      Despite any other provision of this Act, when an emergency arises that affects the health or safety of persons or affects property,

(a) the city may take whatever actions and measures are necessary to meet the emergency and to eliminate or reduce its effects; and

(b) no appeal may be taken under section 189 from a decision made to enforce or carry out any action or measure taken under this section or from an order mentioned in subsection (3).

Application

186(2)      This section applies whether or not the emergency involves a contravention of this Act, another enactment or a by-law that the city is authorized or required to administer or enforce.

Compliance with order

186(3)      A person who receives an oral or written order under this section requiring the person to provide labour, services, equipment or materials must comply with the order.

Remuneration for compliance

186(4)      A person who, in compliance with an order received under this section, provides labour, services, equipment or materials and who did not cause or contribute to the emergency is entitled to reasonable remuneration from the city.

Costs

187(1)      The costs incurred by the city in taking actions or measures under section 185 or 186, including remuneration referred to in subsection 186(4), are a debt due and owing to the city

(a) in the case of actions and measures taken under section 185 to remedy a contravention of an Act or by-law, by the person contravening the Act or by-law or responsible for the contravention; and

(b) in the case of actions or measures taken under section 186 to meet or eliminate an emergency, by the person, if any, who caused the emergency;

and, if that person is the owner of real property in the city, may be added to the real property taxes on the property and collected by the city in the same manner and with the same priorities as those taxes.

Proceeds of sale

187(2)       Where the city takes actions or measures to remove or demolish a building and sells all or part of the building or any equipment or materials that remain after the removal or demolition, the proceeds of the sale must be used to offset the costs incurred by the city in taking the actions or measures, and any balance remaining must be paid

(a) to the person who would be liable under subsection (1) to pay those costs; or

(b) if another person claims the balance, into the Court of Queen's Bench to be paid out as the court orders.

Application to court to enforce by-law

188         The city may apply to the Court of Queen's Bench for an injunction or other order to enforce a by-law or to restrain a contravention of a by-law or of this or any other Act without initiating a prosecution in respect thereof, and the court may grant or refuse to grant the injunction or other order or make any other order that the court considers fair and just.

APPEALS

Appeals to designated hearing bodies

189(1)      A person

(a) to whom an order under section 184 (order to remedy contravention) is directed; or

(b) who is aggrieved by

(i) an order or decision of the Winnipeg Building Commission or a planning commission, or

(ii) an order or decision of a designated employee in respect of the issuance, suspension, or cancellation, or refusal to issue or grant, a licence, permit, approval or consent;

may appeal the order or decision to a hearing body designated by council by filing a written notice of appeal.

Notice of appeal

189(2)      A notice of an appeal under subsection (1) shall identify the order or decision being appealed and must be served on the city

(a) where the appeal is from an order made under section 184 (order to remedy contravention) and the time specified therein for complying with the order is less than 14 days, within the time so specified; and

(b) in any other case, within 14 days, or such longer period as is specified in a by-law, after the day the person received or is deemed to have received the order or notice of the decision, as the case may be.

Where decision or order not appealed

189(3)      Where a decision or order is not appealed within the time specified in subsection (2), the decision or order is final.

Notice of appeal hearing

189(4)      If the order appealed under subsection (1)

(a) sets out the hearing body, and the date, time and place for hearing any appeal, no further notice of the hearing need be given; and

(b) does not set out the information in clause (a), the appellant must be served with notice of the hearing of the appeal in accordance with section 114.

Hearing date

189(5)      The date of a hearing set out in an order referred to in clause (4)(a) may be less than 14 days after the person is served if the time for compliance specified in the order is also less than 14 days.

Powers of hearing body

189(6)      A designated hearing body to which an appeal is taken must hold a hearing on the appeal and may confirm, vary or cancel the order or decision or substitute a new order or decision for it.

Decision final

189(7)      Unless there is a further right of appeal provided for, every decision of a designated hearing body made in an appeal under this section is final and no appeal may be taken in respect of the decision.

Application of section 58

189(8)      Section 58 (mayor as ex officio member of committees) does not apply to a hearing body that holds a hearing under this section.

DIVISION 4

DERELICT PROPERTY

Definitions

190(1)      In this Division,

"derelict building by-law" means a by-law passed under clause 151(d) that regulates the condition and maintenance of vacant dwellings or non-residential buildings; (« règlement municipal sur les bâtiments abandonnés »)

"derelict property" means real property under the operation of The Real Property Act upon which is located a vacant dwelling or non-residential building that is not in compliance with the derelict building by-law. (« bien abandonné »)

Interpretation: evidence property is derelict

190(2)      For the purposes of this Division, a property is a derelict property only if

(a) the registered owner of the property has been found guilty of contravening a derelict building by-law; and

(b) a designated employee certifies by statutory declaration that the property continues to be in contravention of the derelict building by-law.

By-law re derelict building certificates

191(1)      Council may by by-law establish a process for issuing derelict building orders and derelict building certificates in respect of derelict properties.

Public hearing required

191(2)      A public hearing must be held before a by-law is passed under subsection (1), and for that purpose, subsections 17(4) to (6) apply, with necessary changes.

Content of by-law

191(3)      A by-law made under subsection (1) must include provisions respecting

(a) the issuance of preliminary derelict building orders by designated employees, including

(i) the form and content of the order, which must include a statement that the property is a derelict property and that it may be transferred to the city if it is not brought into compliance with the derelict building by-law,

(ii) the minimum time period within which the registered owner must bring the property into compliance with the derelict building by-law, which must be at least 60 days,

(iii) the right of a person served with an order to appeal the order, or the time period set out in it for bringing the property into compliance, and

(iv) the time period for filing an appeal, which must be at least 30 days after the order is served;

(b) the process to be followed by designated employees in making applications for derelict building certificates; and

(c) the form and content of statutory declarations made by designated employees under this Division.

Appeals to committee of council

191(4)      An appeal in respect of a preliminary derelict building order must be heard by a designated committee of council.

Orders must be served and filed

192(1)      A preliminary derelict building order must be

(a) promptly registered by way of caveat against the derelict property in the land titles office; and

(b) served on the registered owner of the derelict property and every person who appears from the records in the land titles office to have an interest in the property, personally or by such substitutional service as the district registrar may order on application by the city.

Content of registered orders

192(2)      An order may be registered only if it includes a legal description of the land that the order or certificate relates to and a statement that it is a derelict property.

District registrar to register order

192(3)      The district registrar must register the order against the title of the land described in the order.

Subsequent purchasers are deemed served

192(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.

Change in ownership does not affect process

192(5)      If a person acquires an interest in derelict property on or after the date on which a preliminary derelict building order has been registered under this Division, the property does not cease to be a derelict property because the person acquiring an interest has not been convicted of contravening the derelict building by-law.

Application for derelict building certificate

193(1)      A designated employee may make an application for a derelict building certificate only if

(a) a preliminary derelict property order was issued in respect of the property;

(b) the time period provided in the preliminary derelict building order for bringing the property into compliance with the derelict building by-law has expired; and

(c) the time within which an appeal against the order may be taken has expired or, if an appeal against the order was taken, the appeal has been decided and the decision

(i) confirms the order, or

(ii) varies the order, but the person has not complied with the order as varied.

Application to EPC or standing committee

193(2)      An application for a derelict building certificate is to be made to a designated committee of council, which must be the executive policy committee or a standing committee of council.

Issuance of derelict building certificate

193(3)      On receiving an application for a derelict building certificate, the designated committee of council may by resolution issue the certificate if

(a) there is evidence that the property continues to be a derelict property; and

(b) in the opinion of the designated committee of council, there is a satisfactory plan for redeveloping the property.

Registration of derelict building certificate

193(4)       A derelict building certificate must be promptly registered by way of caveat against the derelict property in the land titles office, and subsections 192(2) to (5) apply, with necessary changes, to the registration of the certificate.

Discharge of orders and certificates

194(1)      If at any time a designated employee is satisfied that a property against which an order or certificate has been registered under this Division has been brought into compliance with the derelict building by-law, the city must promptly register a discharge of

(a) the order in the land titles office in a form prescribed under The Real Property Act; and

(b) any application for transfer commenced under subsection 195(1).

Process must recommence

194(2)      If, in respect of a property, an order registered by the city is discharged, no new order may be registered against it unless the registered owner is again found guilty of contravening the derelict building by-law.

City's application for title

195(1)      Within the period of not less than 30 days and not more than 120 days after a derelict building certificate has been registered against a derelict property, the city may apply to the district registrar for a certificate of title to the property to be issued in the name of the city.

How application to be treated

195(2)      An application under subsection (1) must be dealt with as an application for transmission under The Real Property Act.

Failure to make application

195(3)      If the city fails to make an application under subsection (1) in respect of the property within the period provided in that subsection,

(a) the property ceases to be affected by the derelict property certificate; and

(b) the district registrar may, without notice to the city, vacate the registration of the derelict property certificate on any subsequent registration affecting the property.

Notice to interested persons of application for title

196(1)      If the city makes an application under subsection 195(1) for title to the property, the district registrar must require the city to give notice of the application to

(a) the registered owner of the property, by personal service; and

(b) every person who appears from the land titles records to have an interest in the property, by any delivery service whereby the sender is provided with an acknowledgment of receipt.

Contents of notice

196(2)      Each notice given under this section in respect of an application for title to derelict property must indicate that unless the property is brought into compliance with the derelict building by-law within 90 days after the notice is given to the registered owner and the interested persons, a certificate of title to the property will be issued in the name of the city.

Application for substitutional service

196(3)      If the city is unable serve a person or obtain an acknowledgement of receipt, the city may apply to the district registrar for an order of substitutional service.

Directions for substitutional service

197(1)      If the city makes application for an order of substitutional service under clause 192(1)(b) or subsection 196(3), the district registrar may grant the order of substitutional service of the order or notice on any person required to be served with it.

Compliance with order

197(2)      Proof of compliance with directions for substitutional service on a person of an order or notice required under this Division is deemed to be proof of service of the notice on the person.

No claim in respect of property

198         Every person required under subsection 196(1) to be served with a notice in respect of an application for title to the derelict property who does not, before the expiry of 90 days after receiving the notice under section 196, challenge the derelict building certificate under section 201, is forever estopped and debarred from setting up any claim to or in respect of the property.

Issue of title

199(1)      On an application for title to derelict property made by the city and on the expiry of the 90 day period in section 198, the district registrar must issue a certificate of title under The Real Property Act vesting the property in the name of the city, if

(a) the city has filed with the district registrar acknowledgments of receipt or other evidence of service of the notices required under this Division;

(b) the district registrar has received evidence that the property does not comply with the derelict building by-law; and

(c) a pending litigation order under section 201 has not been filed in the land titles office in respect of the property.

Validity of title

199(2)      A certificate of title to real property issued under subsection (1) has, in every respect, the same effect as any other certificate of title issued under The Real Property Act and, except as otherwise provided in that Act, extinguishes every interest in, and right in respect of, the property that arose or existed in the property before it was transferred to the city.

District registrar not obliged to inquire

200(1)      The district registrar is not obliged to ascertain or inquire into the designation of an employee or the regularity or lawfulness of any proceedings in respect of

(a) a preliminary derelict building order or derelict building certificate issued under a by-law passed under this Division; or

(b) evidence that the property does not comply with the derelict building by-law.

No action against district registrar

200(2)      An action does not lie and is not maintainable against the district registrar, the land titles office or the government for damages that may accrue because of an action by the district registrar or the land titles office under this Division.

Setting aside derelict building certificate

201(1)      A derelict building certificate shall not be annulled, set aside or declared illegal except on the grounds that

(a) the preliminary derelict building order was not served and filed in accordance with section 192;

(b) the derelict building certificate was not registered in accordance with subsection 193(4); or

(c) the property is not a derelict property.

Action to set aside derelict building certificate

201(2)      A person wishing to challenge a derelict property certificate under subsection (1) must, within 30 days after the date the derelict building certificate was registered or within 90 days after receiving notice under section 196,

(a) bring an action in the Court of Queen's Bench to set aside the derelict building certificate; and

(b) obtain a pending litigation order and file it in the land titles office.

DIVISION 5

CORPORATE POWERS

GENERAL POWERS

Rights and liabilities of a corporation

202         Subject to this Act, the city has all the rights and is subject to all the liabilities of a corporation.

Ancillary powers

203         Where a power is expressly given under this Act to the city or council to do, or enforce the doing of, any act or thing,

(a) all powers that are necessary or convenient to enable the city or council to do, or enforce the doing of, the act or thing are deemed also to have been given to the city or council, as the case may be; and

(b) if the doing by the city or council of any act or thing expressly authorized is dependent on the doing of any other act or thing not expressly authorized, the city or council, as the case may be, has the power to do that other act or thing.

PROPERTY

General powers

204         Without limiting the generality of any other provision of this Act, the city may, for its purposes,

(a) acquire, hold, encumber, mortgage, lease, dispose of, and otherwise deal with, land, improvements and personal property, or interests in land, improvements and personal property, whether within or outside the city; and

(b) lease or otherwise authorize the use of space or air rights above or below the established grade level of a street.

Dealing with property

205(1)      Without limiting the generality of clause 204(a), the city may, for its purposes

(a) acquire property by lease, purchase, exchange or gift, and on terms and conditions acceptable to the city;

(b) expropriate land and improvements in accordance with The Expropriation Act;

(c) acquire and grant options to purchase, lease or sell property;

(d) dispose of, by sale, assignment, lease, exchange or gift, and on terms and conditions acceptable to council, property of the city, or any interest in or right to property, that council considers no longer necessary for the purposes of the city, or in the case of leasing the property, not needed immediately for the purposes of the city;

(e) accept a mortgage or other encumbrance as security for the sale price of property disposed of by the city; and

(f) acquire property offered or transferred to it in partial or full settlement or payment of, or as security for, any indebtedness owing to the city, or any lien or charge on property or any right to such a lien or charge.

Restriction on disposal of park land

205(2)      Despite clause (1)(d), no land owned by the city and used for park or cemetery purposes on the day this Act came into force or acquired after that date by the city for park or cemetery purposes may be disposed of without approval by a vote of 2/3 of all members of council.

Lease of land held for street

205(3)      Where title to land is vested in the Crown or in the name of the city for the purpose of a street and the possession and control of the land are vested in the city and it is not expedient to construct a street on the land immediately, the city may lease or use the land until it is required for the construction of the street.

Acquiring and assembling land

205(4)      The powers referred to in section 204 and subsections (1) and (3) may be exercised by the city for the purpose of

(a) assembling or assisting in the assembly of land for residential, recreational, commercial or industrial development or redevelopment and for rights-of-way for future streets and land abutting them; and

(b) acquiring additional land as part of a lease, purchase, exchange, gift or expropriation, if for any reason the city considers it advantageous to do so.

Dealing with assembled or acquired land

205(5)      The power to assemble or acquire land under subsection (4) includes the power to hold, lease, sell, exchange or otherwise dispose of the land, or any part of it, on such terms and conditions as the city considers advisable.

Entry for expropriation purposes

206(1)      Council may, for the purposes of determining whether to expropriate land, authorize an employee or other person to enter upon the land to conduct surveys, appraisals and tests, and a person so authorized may enter upon the land for that purpose.

Entry for locating works

206(2)      A designated employee may enter upon land at a reasonable time for the purpose of making surveys, examinations and tests for locating and setting out the site of proposed works.

Liability for damages

206(3)      The city is liable for any damage arising from the entry under authority of subsection (2) by a designated employee upon land.

Land owned in other municipalities

207         Subject to the provisions of this Act, where the city holds land in another municipality, the land remains subject to the jurisdiction of that other municipality unless

(a) the city and that other municipality otherwise agree; or

(b) where the land is acquired by expropriation, The Municipal Board otherwise orders under subsection 8(4) of The Expropriation Act.

Use of city works

208         Where works are operated or constructed by the city, the city may grant to any person the right to use the works subject to conditions specified by the city.

PUBLIC SERVICES AND FACILITIES

General authority

209(1)      Without limiting the generality of any other provision of this Act, the city may for its purposes

(a) acquire, establish, extend, construct, improve, maintain, operate, provide and equip works, services, facilities and utilities within or outside the city;

(b) deal in any by-products resulting from, or incidental to, the operation of any undertaking mentioned in clause (a);

(c) acquire, deal in and use intellectual property, licences, privileges, water power, water power rights and licences and rights and licences to use and extract water;

(d) do all things necessary or required to join any of the city's works to privately owned property and to seal or weatherproof the works;

(e) authorize persons to operate or carry on a commercial or other activity on land owned or controlled by the city; and

(f) use city equipment, materials and labour to provide services or to do work on private property.

Powers under subsection (1)

209(2)      For the purpose of exercising the city's powers under subsection (1), the city may

(a) set terms and conditions under which commodities or services are supplied to consumers or property;

(b) prescribe the method of determining the amount of use or consumption of any of the commodities or services mentioned in clause (a), including the estimating of the use or consumption;

(c) without limiting the generality of section 210, establish, charge and collect prices, rates, fees, deposits and other charges

(i) for the use, consumption by consumers, or provision by the city, of commodities, equipment, works, services or things provided by the city, or

(ii) for the use of, or connection to, works or property owned by, or under the direction, control and management of, the city;

(d) regulate or prohibit the reselling or giving away of any of the commodities or services mentioned in clause (a) or disposing of them in any manner other than consuming them on the property to which they are supplied;

(e) regulate or prohibit the use or the waste of any of the commodities or services mentioned in clause (a), or the taking or using of them fraudulently or in a quantity or at a rate that is greater than is specified in a by-law;

(f) subject to section 183 (warrant for entry), provide for a right of entry by designated employees onto private property for the purpose of connecting, disconnecting or maintaining a service or the means of delivering any of the commodities or services mentioned in clause (a) or for the purpose of reading meters in respect thereof;

(g) provide for the connections that may be made to pipes, wires or equipment belonging to the city for the purpose of obtaining any of the commodities or services mentioned in clause (a) including, without limiting the generality of the foregoing, the number of such connections, the individuals authorized to make the connections, the standards to be met in making the connections and the type of equipment or apparatus to be used in making the connections; and

(h) provide for the discontinuance or the disconnecting of a service or the means of delivering any of the commodities or services mentioned in clause (a) and refusing to provide a service or to deliver those commodities to users or consumers who fail to comply with terms and conditions.

Fees and charges

210(1)      The city may, if authorized by council, establish

(a) the method of calculating the prices, rates, fees, deposits or other charges, which may vary depending on the type of use or consumption, the quantity used or consumed, or the type of property in which use or consumption takes place; and

(b) fees, and the method of calculating and the terms of payment of fees, for

(i) applications,

(ii) filing appeals under this Act or a by-law,

(iii) permits, licences, consents and approvals,

(iv) inspections,

(v) copies of by-laws and other city records including records of hearings, and

(vi) other matters in respect of the administration of this Act or the administration of the affairs of the city.

Application of section 348

210(2)      Section 348 (setting penalties) applies, with the necessary modifications, in respect of prices, rates, fees, deposits and other charges established under this section.

Free use of libraries by residents

210(3)      Despite any other provision of this Act, the city must permit residents of the city to have free use of the circulating and reference books of every public library and branch that it maintains.

Collection of fees and charges

210(4)      A price, rate, fee, deposit or other charge established under this section for the use or consumption of any commodity or service supplied by the city to any person, and any respective penalty or interest prescribed by by-law, is a debt due to the city by the person and

(a) where there is a failure or refusal to pay the debt, payment of the debt may be enforced by the discontinuance or disconnection of the service or the means of delivery of the commodity or service;

(b) is a lien on the property to which the commodity or service was supplied and may be registered in the land titles office by way of caveat against the property; and

(c) may be recovered

(i) in a court of competent jurisdiction,

(ii) by distress and sale of the personal property of the occupant of the property to which it was supplied, wherever the personal property may be found, such distress and sale to be carried out in the same manner, as far as possible, as a distress and sale of personal property of a tenant for unpaid rent, or

(iii) in the case of any such amounts for water supplied or services in connection with water works or wastewater, by adding the amount thereof to real property taxes imposed by the city on the real property to which the water was supplied, and collected in the same manner and with the same priorities as those real property taxes.

Rates for services and commodities

210(5)      Despite The Public Utilities Board Act, the city may, as provided in this Act, establish prices, rates, fees, deposits or other charges for any commodity or service that the city supplies and, for that purpose, the city need not obtain any approval from The Public Utilities Board, the intention being that the city may establish such amounts and use the revenues therefrom for the general purposes of the city and not solely for the purposes of offsetting any costs related to supplying the commodity or service.

AGREEMENTS

General authority

211         The city may enter into agreements with the Government of Manitoba or the Government of Canada, or an agency of either of those governments, with a band as defined in the Indian Act (Canada), with a school authority or another municipality either in Manitoba or in any other province, or with any person

(a) to obtain property or services required for the operations of the city;

(b) to provide property or services in the city or outside the city; or

(c) to do any of those things jointly with the other parties to the agreements.

CONTROL OF CORPORATIONS

Interpretation: "control"

212(1)      For the purposes of this section, the city controls a corporation if

(a) it is incorporated by the city;

(b) the majority of the members of which, or the majority of the members of the board of management or board of directors of which,

(i) are appointed by council, or

(ii) if not appointed by council, are in the discharge of their duties, employees of the city or are, directly or indirectly, responsible to the city; or

(c) that is controlled by the city through direct or indirect ownership of 50% or more of the shares in its capital stock that carry the right to vote.

Regulations re: establishing corporations

212(2)      The minister may make regulations

(a) respecting information that must be provided to the minister before the city may control a corporation;

(b) governing the control of a corporation by the city, including

(i) the purposes for which it may carry on activities, and

(ii) terms and conditions that apply when the city controls a corporation; and

(c) providing that certain corporations may not be controlled by the city unless the minister's approval is first obtained.

Incorporation of corporations

212(3)      In accordance with the regulations, the city may incorporate or control a corporation.

Scope of regulation

212(4)      A regulation under this section may apply to one corporation or one approval or may be general.

Restrictions re corporate matters

213         Nothing in subsection 7(1) authorizes the city to

(a) incorporate a corporation or nominate or authorize a person to act as an incorporator of a corporation;

(b) acquire any interest in, or guarantee or exercise any power as a holder of, a security of a corporation; or

(c) indemnify or guarantee the liability of another person.

PROCUREMENT POLICY

Definition

214(1)      In this section "procurement" means the acquisition by contract of goods or services by purchase, hire-purchase, lease, rental or other agreement.

Procurement policy

214(2)      Council may establish a procurement policy for the city.

Contents of policy

214(3)      Without limiting the generality of subsection (2), a procurement policy may

(a) establish criteria for soliciting procurements by competitive bids;

(b) establish forms of contract and determine when they are to be used;

(c) govern awards of contracts of procurement; and

(d) establish ethical standards for persons involved in procurement by the city.

SPECIAL SERVICE UNITS

Establishing special service units

215(1)      Council may establish special service units to provide a commodity or service within or outside the city, and any activity engaged in by such a special service unit is deemed to be an exercise of the powers granted under this Act for the attainment of the purposes of the city.

Council's powers re special service units

215(2)      In establishing a special service unit, council

(a) must approve an operating charter for the unit which shall include

(i) the unit's operating terms and conditions,

(ii) the unit's sources of financing,

(iii) the unit's authority to enter into contracts or agreements,

(iv) any activities mentioned in subsection (4) that council authorizes the unit to perform, and

(v) other requirements to fulfill the unit's purposes;

(b) must approve an annual or multi-year budget for the unit; and

(c) may establish the percentage of council votes necessary

(i) to dissolve the unit,

(ii) to change the unit's operating charter, or

(iii)  despite subsection 289(4) (restriction on use of reserve funds) to use a reserve fund of the unit for a purpose other than that for which the fund was established.

Delegation to special service units

215(3)      Council may delegate to a committee of council, or a subcommittee of a committee of council, the power or duty

(a) to establish policies, guidelines and procedures for evaluating proposals to designate a commodity or service to be provided by a special service unit;

(b) to evaluate proposals to establish special service units and submit to council those proposals that the committee or subcommittee recommends;

(c) to approve a multi-year business plan for a special service unit;

(d) to establish operating requirements for a special service unit;

(e) to establish the requirements for a special service unit's annual report; and

(f) to perform any other function or responsibility that council considers necessary or appropriate in respect of a special service unit.

Financing special service units

215(4)       Despite any other provision of this Act, but subject to subsection (5), council may authorize a special service unit

(a) to borrow, on terms and from sources approved by council, to finance the unit's operating and capital requirements;

(b) to give security for the unit's borrowing;

(c) to invest the unit's funds and carry forward such funds to be used for the unit's future operating or capital requirements;

(d) to establish and maintain reserves;

(e) to maintain accounts, collect and deposit revenues and conduct banking arrangements with banks;

(f) to enter into multi-year operational agreements;

(g) to fix and charge for the commodity or service that it provides a price, rate or fee in respect of which subsection 210(5) (rates for services and commodities) applies, with necessary changes; and

(h) to appoint one or more accountants to audit its accounts and financial records.

Consistency with other policies respecting finances

215(5)      Council shall not authorize an action under subsection (4) that is inconsistent with a policy established under subsection 291(2) (policy for financial agreements) or 300(1) (policy for variable rate securities).

Annual report

215(6)      Each special service unit shall prepare and submit to council within 120 days after the end of each of its fiscal years an annual report containing an audited financial statement.

Unit is affiliated body

215(7)      For the purposes of this Act, every special service unit established by council is an affiliated body.

Review of special service units

216         Not later than January 1, 2005 and of every fifth year thereafter, council must arrange for a review of the process for developing, implementing, operating and evaluating special service units.

FINANCIAL ASSISTANCE

Definition of "taxes"

217(1)      In sections 218 to 222, "taxes" means real property taxes, personal property taxes, business taxes and licence fees for licence in lieu of business tax imposed under Part 8 (Assessment and Taxation).

Tax credits

217(2)      For the purposes of sections 218 to 222, a tax credit may be given or applied only in respect of the taxes listed in subsection (1).

Tax rebates

217(3)      For the purpose of section 219, a tax rebate may be given or applied only in respect of the taxes listed in subsection (1).

Financial assistance

218(1)      Council may provide financial assistance

(a) to assist a charitable or non-profit organization, association or corporation;

(b) to aid sports and recreation;

(c) to support economic and cultural development;

(d) to improve, preserve, repair, maintain, convert or develop any property in the city; or

(e) for any other purpose that council considers may be in the interests or to the advantage of the city or its citizens.

Forms of financial assistance

218(2)      Financial assistance may be in the form of one or more of the following:

(a) a grant;

(b) a tax credit;

(c) a loan;

(d) a loan guarantee.

Council may require an agreement

218(3)      Before providing financial assistance, council may require the recipient to enter into an agreement with the city, and the agreement may include any term or condition council considers appropriate.

Economic and cultural development

218(4)      Council may establish terms and conditions under which financial assistance to support economic and cultural development may be provided, including determining the year or years during which the financial assistance may be paid.

GRANT, LOAN, TAX REBATE AND TAX CREDIT PROGRAMS

General authority

219(1)      Council may pass by-laws establishing programs of grants, loans, tax rebates and tax credits.

Grant, loan and tax credit programs

219(2)      Without limiting the generality of subsection (1), a by-law authorized under that subsection may include provisions

(a) prescribing the types, locations or classes of premises eligible for grants, loans, tax rebates or tax credits, which types, locations or classes may be based on the age, assessed value or occupancy of the premises, or other criteria;

(b) prescribing the amount, or the manner of calculating the amount, of grants, loans, tax rebates or tax credits for each premises or each type, location or class of premises;

(c) prescribing the types of renovations and costs associated that are eligible for a grant, loan, tax rebate or tax credit;

(d) establishing terms and conditions under which a grant, loan, tax rebate or tax credit may be provided or terminated, including establishing criteria for determining

(i) the amount, or the manner of calculating the amount, of a grant, loan, tax rebate or tax credit,

(ii) the maximum annual grant, loan, tax rebate or tax credit, and

(iii) the year or years during which a grant, loan, tax rebate or tax credit may be paid out, given or applied to taxes;

(e) respecting criteria for eligibility of recipients of grants, loans, tax rebates or tax credits; and

(f) respecting any other matter that council considers necessary or advisable in respect of a program of grants, loans, tax rebates or tax credits.

Provisions re terms and conditions of loans

219(3)      Council must determine the terms and conditions of loans made under clause 218(2)(c), or a program of loans established under this section, including the manner of repayment, the rate of interest and the manner of compounding and calculating interest on the loans.

Regulations respecting loans and loan guarantees

220(1)      The Lieutenant Governor in Council may make regulations prescribing limits on

(a) loans and loan guarantees under section 218; and

(b) programs of loans under section 219.

Limits re loans and loan guarantees

220(2)      Council may not make a loan or guarantee the repayment of a loan if making the loan or guarantee will cause the city to exceed a limit prescribed under subsection (1).

Reduced tax rate on agricultural land

221         Council may by by-law provide that, because of the use for agricultural purposes to which real property described in the by-law is put and the services and facilities that are or are not available to the owners or occupants of the real property, the taxes imposed in respect of the real property must be calculated by imposing a rate reduced by the amount specified in the by-law against the assessed value of the real property, and it is not necessary for council to specify in the by-law the services or facilities that are available to the owners or occupants of the real property.

TAX INCREMENT FINANCING

Establishing tax increment financing programs

222(1)      Council may by by-law establish tax increment financing programs in designated areas of the city for the purpose of encouraging investment or development in those areas.

Provisions re tax increment financing programs

222(2)      A tax increment financing program may provide

(a) that some or all of the incremental taxes coming from the designated area be placed into a reserve fund;

(b) that money in a reserve fund is to be used

(i) to give financial assistance to persons who invest in developing or constructing property in the area,

(ii) to fund a grant, loan or tax credit program in the area for persons who invest in developing or constructing property, and

(iii) to benefit the area by acquiring, establishing, constructing, improving, maintaining, operating, providing and equipping works, services, facilities and utilities of the city; and

(c) for any other matter that council considers necessary or advisable.

EMERGENCY PREPAREDNESS

General powers and duties of city

223         The city may do everything that council considers possible, practicable and within the means of the city to reduce the consequences to persons and property within the city of floods or other disasters and to provide continuity of local government.

PART 6

PLANNING AND DEVELOPMENT

DIVISION 1

PLANS

PLAN WINNIPEG

Adoption of Plan Winnipeg

224         Council must, by by-law, adopt a development plan, in this Part referred to as "Plan Winnipeg", which must set out

(a) the city's long-term plans and policies respecting

(i) its purposes,

(ii) its physical, social, environmental and economic objectives, and

(iii) sustainable land uses and development;

(b) measures for implementing the plan; and

(c) such other matters as the minister or council considers necessary or advisable.

Initiation of amendments to Plan Winnipeg

225(1)      An amendment to Plan Winnipeg may be initiated by

(a) council; or

(b) an application

(i) made by the owner of real property to which the application refers, and

(ii) filed with a designated employee.

Right to hearing

225(2)      Subject to subsection (3), where an owner of property applies under clause (1)(b) for an amendment to Plan Winnipeg, the person is entitled to have the application dealt with at a hearing under subsection 227(1).

Application may be refused

225(3)      An application made under clause (1)(b) may be refused without a hearing if,

(a) in the opinion of executive policy committee, it is without merit; or

(b) in the opinion of a designated employee, it is the same as or substantially similar to an earlier application that was rejected under subsection 227(2) within one year before the day when the new application is made.

Periodic review

226(1)      Council must begin a review of Plan Winnipeg

(a) when required to do so by an order made under subsection (2); and

(b) at least once within five years after each re-adoption or replacement of the plan.

Minister's order to review

226(2)      After consulting with council the minister may, in writing, order council to review Plan Winnipeg or to pass a by-law to replace, re-adopt or amend it within a time specified in the order, or such extension of that time as the minister may by further order allow.

Method of review

226(3)      A review of Plan Winnipeg must include a comprehensive examination of the plans and policies in Plan Winnipeg, and public meetings to obtain representations from citizens, organizations and agencies respecting the review of Plan Winnipeg.

By-law to be re-enacted, amended or replaced

226(4)      On completing a review of Plan Winnipeg, council shall pass a by-law to re-enact, amend, or replace it, in accordance with the process set out in sections 227 to 233.

Conformance with provincial land use policies

226(5)      Plan Winnipeg, as it is re-enacted, amended or replaced, must conform with provincial land use policies that apply to the city.

PLAN WINNIPEG BY-LAWS

Hearings on Plan Winnipeg by-laws

227(1)      After council gives first reading to a proposed Plan Winnipeg by-law, and before second reading,

(a) the city must give notice of a hearing by the executive policy committee of council respecting the proposed by-law; and

(b) the executive policy committee must conduct a hearing and submit its report respecting the proposed by-law to council.

Second reading of proposed by-law

227(2)      After receiving a report from the executive policy committee of council respecting a Plan Winnipeg by-law, council may, without further notice,

(a) proceed to give second reading to the by-law as originally proposed or with amendments; or

(b) reject the by-law either in whole or in part.

Submission to minister

228(1)      As soon as practicable after a proposed Plan Winnipeg by-law is given second reading, the city must submit to the minister

(a) a certified copy of the proposed by-law, or such greater number of certified copies of the proposed by-law as the minister may request;

(b) a copy of the report of the executive policy committee of council respecting the proposed by-law; and

(c) such other information and material as the minister may request;

and council must not pass the proposed by-law until the minister approves it in writing.

Notice of second reading

228(2)      As soon as practicable after complying with subsection (1) in respect of the proposed by-law, the city must give notice by ordinary mail to every person who made submissions at the hearing conducted by the executive policy committee of council respecting the proposed by-law, stating that

(a) council has given second reading to the proposed by-law;

(b) a copy of the proposed by-law has been submitted to the minister for approval; and

(c) any person who made submissions at the hearing respecting the proposed by-law may file an objection, with stated reasons, with the minister within 14 days after the day the notice is given.

MINISTER'S ACTIONS

Decision of minister

229(1)      On receiving a copy of a proposed Plan Winnipeg by-law and any objections to the proposed by-law, the minister may

(a) approve or reject the proposed by-law; or

(b) approve the proposed by-law subject to conditions.

Referral to Municipal Board

229(2)      Before making a decision under subsection (1), the minister may refer a proposed Plan Winnipeg by-law to The Municipal Board.

Where by-law approved by minister

229(3)      Where, under subsection (1), the minister approves a proposed Plan Winnipeg by-law or approves it subject to conditions, the minister must forward the proposed by-law, as approved, to council which may, if it complies with any conditions on the approval, pass the by-law as approved.

Hearing by Municipal Board

230(1)      Where the minister refers a proposed Plan Winnipeg by-law to The Municipal Board, the board must

(a) give notice of a hearing respecting the proposed by-law by ordinary mail to

(i) the city,

(ii) every person who made submissions at the hearing conducted by the executive policy committee of council respecting the proposed by-law,

(iii) every person who filed with the minister an objection to the proposed by-law, and

(iv) such other persons as the board considers advisable,

and give such other notice of the hearing and in such other manner as the board considers advisable;

(b) conduct a hearing respecting the proposed by-law; and

(c) submit a report, with recommendations, to the minister in respect of the proposed by-law.

Adoption after Municipal Board report

230(2)      After a report of The Municipal Board is submitted under subsection (1) to the minister, the minister must give written notice to the city of the minister's decision to approve the proposed by-law, to approve it subject to conditions or reject it and, if the minister approves it or approves it subject to conditions, council may, if it complies with any conditions on the approval, pass the by-law as approved.

Forwarding copy of by-law to minister

231         As soon as practicable after council passes a Plan Winnipeg by-law, the city must forward to the minister a certified copy of the by-law or such greater number of certified copies of the by-law as the minister may request.

Referral of Plan Winnipeg by-law to L. G. in C.

232(1)      Where council fails

(a) to re-adopt, replace or amend Plan Winnipeg as ordered by the minister under subsection 226(2) (minister's order to review); or

(b) to comply with any condition to which an approval of a proposed Plan Winnipeg by-law by the minister is made subject under subsection 229(1) (decision of minister) or 230(2) (adoption after Municipal Board report);

the minister may refer a proposed Plan Winnipeg by-law to the Lieutenant Governor in Council.

Enactment of by-law by L. G. in C.

232(2)      Where the minister refers a proposed Plan Winnipeg by-law to the Lieutenant Governor in Council under subsection (1), the Lieutenant Governor in Council may by order enact it, or an amended form of it, and any such Plan Winnipeg by-law so enacted has the same force and effect as if it had been passed by council under this Division.

Public notice of Plan Winnipeg by-law

233         After a Plan Winnipeg by-law is passed, the city must give public notice of the by-law.

SECONDARY PLANS

Adoption of secondary plans

234(1)      Council may by by-law adopt a secondary plan to provide such objectives and actions as council considers necessary or advisable to address, in a neighbourhood, district or area of the city, any matter within a sphere of authority of the city, including, without limitation, any matter

(a) dealt with in Plan Winnipeg; or

(b) pertaining to economic development or the enhancement or special protection of heritage resources or sensitive lands.

Conformity with Plan Winnipeg

234(2)      A secondary plan by-law must be consistent with Plan Winnipeg.

Hearing on secondary plan by-law

234(3)      After council gives first reading to a proposed secondary plan by-law,

(a) the city must give notice of a hearing by a committee of council respecting the proposed by-law; and

(b) the committee of council designated for the purpose must conduct a hearing respecting the proposed by-law and submit its report respecting the proposed by-law to council.

EFFECT OF PLAN BY-LAWS

Compliance with plan by-laws

235         The passing of a Plan Winnipeg by-law or a secondary plan by-law does not require council, any person, or any department or agency of the government, to undertake a proposal contained in the by-law, but public works, undertakings and development in the city must be consistent with Plan Winnipeg or any secondary plan.

DIVISION 2

DEVELOPMENT

Council to pass zoning by-laws

236(1)      Council must pass zoning by-laws to control or prohibit the use of real property and development in the city or parts of the city.

Content of zoning by-law

236(2)      A zoning by-law may provide for any of the following:

(a) classifications of uses of land and buildings;

(b) permitted and conditional uses of real property;

(c) the number and dimensions of dwelling units or non-residential buildings permitted on a lot or other land;

(d) the area and dimensions of lots or other units of land;

(e) the number, lot coverage, floor area, dimensions and locations of buildings on units of land;

(f) the location, height and maintenance of fences and walls;

(g) open space around and between buildings and minimum distances between buildings;

(h) landscaping and buffers between buildings, units of land, and different uses of real property;

(i) establishment and maintenance of parking and loading facilities;

(j) the design details of buildings and building sites, including vacant sites, and the establishment of committees or boards to approve designs;

(k) the location, dimensions and number of access points from a unit of land to a street;

(l) the use and placement of exterior lighting on land and the exterior of buildings;

(m) the outdoor storage of goods, including machinery, building materials and waste materials;

(n) the removal, deposit or movement of soil, gravel or other material;

(o) the cutting and removal of vegetation;

(p) the placement of pedestrian walkways;

(q) the kind, number, nature, location and dimensions of outdoor signs and displays;

(r) the protection of scenic areas, heritage resources and sensitive land;

(s) the protection of waterways, including setbacks of buildings from a waterway;

(t) the protection of a water or sewage treatment facility, waste disposal facility or any other utility or public work from incompatible uses;

(u) the sequence in which development is undertaken;

(v) such other matters as council consider necessary or advisable.

Hearing on zoning by-law

236(3)      Subsection 234(3) (hearing on secondary plan by-law) applies with necessary changes to proposed zoning by-laws.

Where non-conforming use not permitted

237         Where a zoning by-law provides

(a) that it is to have force and effect for a period of time or until the occurrence of a specified event; and

(b) that, on the expiry of the period or the occurrence of the event, real property affected by the by-law will become subject to other provisions set out or referred to in the by-law;

subsection 241(1) (previously conforming buildings and uses) does not apply to development existing before the adoption of the by-law or established after, and in conformity with, the by-law unless the by-law so provides.

Effect of zoning by-law on caveats

238         A zoning by-law does not rescind or affect the right of any person to enforce a restriction, interest or covenant affecting land if the restriction, interest or covenant is registered against the land in the land titles office.

Amendment required by Municipal Board

239         An order of The Municipal Board made under subsection 95(1) (application for cancellation of plans) of The Municipal Board Act may require the amendment of a zoning by-law to co-ordinate the zoning by-law with a new plan of subdivision in a case in which the Registrar General imposes a requirement that affects the new plan of subdivision if, in the opinion of The Municipal Board, the amendment does not constitute a significant change in the zoning by-law.

DEVELOPMENT AGREEMENTS

Authority for development agreements

240(1)      Where an application is made under subsection 275(1) (initiation of development proposals) for adoption of, or amendment to, a zoning by-law, the city may, as a condition of adopting the proposed zoning by-law, require the owner of real property affected by the application to enter into a development agreement with the city respecting the development and any adjacent real property owned or leased by the owner, and such agreements may provide for any of the following:

(a) the use of the land and any existing or proposed building;

(b) the timing of construction of a proposed building;

(c) the siting and design of a proposed building, including the materials to be used for the exterior of the building;

(d) traffic control and parking facilities;

(e) landscaping, open space, and grading of land;

(f) any condition described in subsection 259(1).

Registration of agreement in L.T.O.

240(2)      An agreement referred to in subsection (1) may provide that it runs with the land referred to in the agreement, and an instrument that indicates the existence of the agreement may be registered against the land in the land titles office.

Agreement binding on successors

240(3)      When an instrument in respect of a development agreement is registered under subsection (2), the agreement binds the owner of the land referred to in the agreement and the owner's heirs, executors, administrators, successors and assigns without special mention in the instrument of the details of the agreement.

Timing of agreement and by-law

240(4)      Council may authorize the execution of a development agreement before passing a zoning by-law, but such a development agreement is subject to the approval of council and to the adoption of a zoning by-law.

NON-CONFORMING USES

Previously conforming building and use continued

241(1)      A building, or a use of real property, that complies with zoning by-laws before the adoption of a new zoning by-law may continue notwithstanding that the building or use does not conform with the provisions of the new zoning by-law.

What constitutes existing building

241(2)      Subsection (1) applies to a building that, on the day a new zoning by-law comes into force, is lawfully under construction, or for which a permit for its construction is in force.

Certificate may be issued

242         On application of a person who has an interest in real property that does not conform, or the use of which does not conform, with a zoning by-law, a designated employee may issue a certificate respecting the existence or use of the real property, and the certificate is conclusive proof of the facts stated in it.

Limitation on alteration or addition

243(1)      Construction may be carried out in respect of a building that does not conform with a zoning by-law if the construction

(a) does not increase the non-conformity; and

(b) otherwise conforms with the zoning by-law, other by-laws and any variance approved under this Part.

Damaged non-conforming building

243(2)      Where

(a) a building that does not conform with a zoning by-law is damaged or destroyed; and

(b) a designated employee determines that the cost of repairing or rebuilding the building is more than 50%, or such greater percentage as may be specified in the zoning by-law, of the cost of constructing an equivalent new building;

the building must not be repaired or rebuilt except in conformity with the zoning by-law and any variance approved under this Part.

Non-conforming use ending after 12 months

244(1)      Where

(a) the use of real property does not conform with a zoning by-law; and

(b) the real property is abandoned or not so used for 12 consecutive months;

the real property must not be used after that except in conformity with the by-law.

Effect of change of ownership on use

244(2)      A change of owners, tenants or occupants of real property is not in itself a change of use of the real property for the purpose of this section.

Cancellation of permits

245(1)      Council may cancel a permit issued under this Act if the development authorized by the permit has not begun before the passing of a zoning by-law that prohibits the issuance of such a permit.

Expenses where permit cancelled

245(2)      If a permit is cancelled under subsection (1), the city must pay the permit holder such expenses for preparation of plans and any promotion in respect of the development or building for which the permit was issued as may be agreed upon by the city and the person and, if they are unable to agree upon the expenses, the person may require the city to submit the person's claim to arbitration by serving a written notice to that effect on the city.

Arbitration

245(3)      An arbitration of a claim under subsection (2) must be conducted by an arbitrator appointed under The Arbitration Act by the parties to the arbitration or, if they are unable to agree on an appointment, by the minister.

Withholding permit

246(1)      Despite any other provision of this Act, council may require a permit under this Act to be withheld for not more than 60 days after the day the application for the permit is made.

Extension of withholding

246(2)      Within the period for which the issuance of a permit is withheld under subsection (1), council must consider the application for the permit and may

(a) reject the application if council considers that the proposed development for which it is intended does not conform with a Plan Winnipeg by-law or a secondary plan by-law;

(b) require the permit to be withheld for a further period of not more than 90 days if council considers that the proposed development for which it is intended does not conform with

(i) a proposed Plan Winnipeg by-law or secondary plan by-law that is not in force but, before the application was made, had been initiated under subsection 225(1) (initiation of amendment to Plan Winnipeg) or proposed under section 234 (adoption of secondary plans), or

(ii) a proposed zoning by-law that, before the application was made, had been referred under subsection 236(3) (hearing on zoning by-law) to a committee of council or a planning commission; and

(c) where the issuance of the permit has been withheld for a further period under clause (b), require the permit to be withheld for a further period of not more than 35 days if

(i) the proposed Plan Winnipeg by-law was submitted to the minister in accordance with this Part before the application was made or before the expiry of the period for which the permit was withheld under clause (b) and the decision of the minister under section 229 (decision of minister) or an order of the Lieutenant Governor in Council under section 232 (referral to L. G. in C.) is received before the expiry of that period, or

(ii) the report of the committee of council or the planning commission to which the proposed secondary plan by-law or zoning by-law had been referred was not received by council before the expiry of the period for which the permit was withheld under clause (b), or was received before the expiry of that period but the report recommended amendments to the proposed by-law.

Compensation

246(3)      Where a Plan Winnipeg by-law, secondary plan by-law or zoning by-law comes into force within the periods for which the issuance of a permit is withheld under subsections (1) and (2), the application for the permit may be refused if the development for which the permit is intended does not conform with the by-law, but where council does not pass such a by-law within those periods,

(a) the permit must not be further withheld; and

(b) the owner of the land in respect of which the permit is withheld under clause (2)(b) or (c) is entitled to compensation for damages resulting from the withholding of the permit, and subsections 245(2) and (3) (where permit cancelled) apply, with necessary changes, in respect of the withholding.

VARIANCES

Approval of variances

247(1)      Subject to this section, variances which modify provisions of zoning by-laws may be approved.

Authority respecting variances

247(2)      Council may by by-law authorize a designated employee or a planning commission to consider, and make decisions in respect of, applications for variances or specified types of variances and applications for variances may be referred to either the designated employee or the planning commission in accordance with the by-law.

Criteria for approving variances

247(3)      An application for a variance with respect to a property may be approved if the variance

(a) is consistent with Plan Winnipeg and any applicable secondary plan;

(b) does not create a substantial adverse effect on the amenities, use, safety and convenience of the adjoining property and adjacent area, including an area separated from the property by a street or waterway;

(c) is the minimum modification of a zoning by-law required to relieve the injurious effect of the zoning by-law on the applicant's property; and

(d) is compatible with the area in which the property to be affected is situated.

Restrictions on variances

247(4)      A variance must not be approved if it makes a change of land use other than

(a) a temporary change of land use for a period of not more than five years; or

(b) a change of land use to a use that is substantially similar to a use permitted under the zoning by-law being modified by the variance.

Disposition of applications for variances

248(1)      An application for a variance may be

(a) approved or rejected; or

(b) approved subject to conditions that will ensure that any development to be carried out under the variance meets the criteria set out in subsection 247(3).

Submissions before setting conditions

248(2)      The approval of a variance must not be made subject to conditions unless the applicant for the variance has been given a reasonable opportunity to make submissions respecting the variance.

Procedure by planning commission

249         Where an application for a variance is referred to a planning commission,

(a) the city must give notice of a hearing by the planning commission respecting the application

(i) to the applicant, and

(ii) by posting the real property affected by the application in accordance with section 118 (posting notices); and

(b) the planning commission must conduct a hearing respecting the application and make a decision respecting the variance.

Notice of decision

250(1)      When a decision is made on an application for a variance to a zoning by-law,

(a) a copy of the decision must be sent by ordinary mail to the applicant in accordance with section 116 (service of decision); and

(b) if the decision was made by a designated employee, a notice of the decision, containing the information referred to in clauses 116(2)(b) to (d) (notice of right of appeal) must be posted in accordance with section 118 (posting notices) on the real property in respect of which the application was made if

(i) in the case of a variance of any yard or space separation, the variance exceeds 5% of the requirement set out in the by-law or 0.3 m, whichever is the greater, and

(ii) in any other case, if the variance exceeds 5% of the requirement set out in the by-law.

Notice of decision by planning commission

250(2)      When a decision is made by a planning commission on an application for a variance, in addition to the notice of the decision required under subsection (1), notice of the decision containing the information referred to in subsection 116(2) (notice of right of appeal) must be sent by ordinary mail to each person who made submissions at the hearing respecting the application.

Appeals on variances

251(1)      Any decision by a designated employee or a planning commission on an application for a variance may be appealed in accordance with section 189 (appeals) by

(a) the applicant;

(b) the owner of real property adjacent to the real property in respect of which the application was made; or

(c) any person who made submissions at any hearing conducted in respect of the application.

Appeals to committee of council

251(2)      Appeals taken under subsection (1) must be heard by the executive policy committee of council or a standing committee of council as may be designated by council for the purpose.

Procedure for appeal

251(3)      Where a decision on an application for a variance is appealed under subsection (1),

(a) the city must send notice of a hearing by ordinary mail

(i) to the appellant and the applicant, and

(ii) to each person who made submissions at any hearing held by the planning commission in respect of the application; and

(b) the committee of council designated under subsection (2) to hear the appeal must conduct a hearing on the appeal and give its decision on the appeal, and subsection 248(1) (disposition of applications for variance) applies as though the appeal were the original application.

Termination of variances

252         Despite any other provision of this Act, an employee designated by by-law may terminate an approval of a variance with the written consent of every person who is the owner of real property in respect of which the variance was approved.

CONDITIONAL USES

Approval of conditional uses

253(1)      Conditional uses of real property that are permitted under a zoning by-law may be approved.

Authority respecting conditional uses

253(2)      Council may, by by-law, authorize a designated employee or a planning commission to consider, and make decisions in respect of, applications for conditional uses of real property or specified types of conditional uses, and applications for conditional uses of real property may be referred to either the designated employee or a planning commission as determined in accordance with the by-law.

Procedure for applications for conditional uses

254         Subsection 247(3) and sections 248 to 252 apply with necessary changes to applications for conditional uses of land or buildings and approvals and rejections of such conditional uses.

SUBDIVISION STANDARDS

Subdivision standards by-law

255(1)      Council must pass by-laws establishing standards, criteria or requirements respecting the subdivision of land in the city.

Content of standards by-law

255(2)      A by-law passed under subsection (1) must conform with Plan Winnipeg, secondary plans and zoning by-laws, and may establish standards, criteria or requirements respecting

(a) the layout of, and access to, dedicated land, lots, blocks, and other units of land;

(b) the construction of streets;

(c) the width, grade and elevation of streets by reference to minimum or maximum standards, criteria or requirements, or to any other standard council considers appropriate;

(d) the provision and location of strips of land to act as buffers;

(e) the efficient use of energy, including the orientation of lots and parcels so as to obtain maximum benefit from solar energy;

(f) transportation systems, including their operation in a manner that is efficient and convenient for citizens;

(g) the determination of whether land is suitable for subdivision;

(h) the provision of works, services and utilities;

(i) sites for schools, parks and recreation areas;

(j) the protection of sensitive lands;

(k) flood control;

(l) the conveyance or dedication of land for purposes of the city other than streets; and

(m) such other matters as council may consider advisable.

Referral of proposed subdivision standards by-law for report

255(3)      After council gives first reading to a proposed by-law under this section respecting the subdivision of land in the city,

(a) the city must give notice of a hearing by a committee of council respecting the proposed by-law; and

(b) the committee of council must conduct a hearing respecting the proposed by-law and submit a report to council respecting the proposed by-law.

SUBDIVISION APPROVALS

Delegation to committee of council

256(1)      Council may by by-law

(a) authorize a committee of council or a designated employee to consider, and make decisions in respect of, applications for approval of plans of subdivision or specified types of plans of subdivision, and provide that applications for approval of plans of subdivision be referred to either the committee or the designated employee; and

(b) authorize the committee or the designated employee to approve plans of subdivision, or approve them with conditions that, under a by-law passed under subsection 259(1) (conditions for plans of subdivision), may be imposed in respect of plans of subdivision, except the conditions described in clause (d) of that subsection, without conducting a hearing respecting the application if the committee or the employee determines that the plan of subdivision conforms with section 257 and with other plans of subdivision of adjacent land.

Hearing on certain applications

256(2)      Before the approval of a plan of subdivision is made subject to conditions described in clause 259(1)(d),

(a) the city must give notice of a hearing by a committee of council respecting the application; and

(b) the committee of council must conduct a hearing respecting the application and submit a report to council respecting the application.

Restriction on approvals of plans of subdivision

257(1)      A plan of subdivision must not be approved unless

(a) the land that is proposed to be subdivided is suitable for the purpose for which the subdivision is intended; and

(b) the proposed plan of subdivision conforms with

(i) Plan Winnipeg,

(ii) any applicable secondary plan,

(iii) any applicable zoning by-law, and

(iv) the by-law passed under section 255 (subdivision standards by-law).

Submission before setting conditions

257(2)      The approval of a plan of subdivision must not be made subject to conditions unless the applicant for the approval has been given a reasonable opportunity to make submissions respecting the plan of subdivision.

Effect of approval by committee or employee

258         An approval of a plan of subdivision by a committee of council, planning commission or designated employee has the same effect as if council had approved the plan.

Conditions for plans of subdivision

259(1)      Council may, by by-law, provide that approval of proposed plans of subdivision be made subject to one or more of the following conditions:

(a) that at least 10% of the land be conveyed to the city for purposes of the city other than streets, without consideration or for nominal consideration;

(b) that instead of setting the condition under clause (a), money be paid to the city for the purchase of land for purposes of the city other than streets;

(c) that all outstanding taxes, including local improvement taxes, be paid;

(d) that streets within the proposed subdivision be dedicated as council considers necessary;

(e) that where land in the proposed subdivision abuts on an existing street, land in the proposed subdivision, other than land occupied by an existing building, be conveyed for the purposes of making the street conform with any provision respecting streets of a by-law passed under section 255 (subdivision standards by-law);

(f) that the owner of land within a proposed subdivision enter into one or more agreements with the city respecting such matters as council considers advisable or necessary, which agreements may include, without limiting the generality of the foregoing, requirements that

(i) the owner pay to the city some or all of the cost of existing or future public works, including the cost of any related environmental, engineering or other studies or reports, which benefit or will benefit the proposed subdivision,

(ii) the owner construct or pay for all or part of the capacity of the public works in excess of the capacity required for the proposed subdivision, and

(iii) the city reimburse the owner for the cost, including interest at such rate as is agreed on, of the excess capacity referred to in subclause (ii) when money is recovered by the city from owners of other lands benefited by the excess capacity or at some earlier time.

Effect of agreement

259(2)      Where the city enters into an agreement containing a requirement referred to in subclause (1)(f)(iii), the city may, when other land benefited by the public works is developed or subdivided, enter into an agreement with the owner of that other land requiring the owner to pay an amount, as determined by the city in respect of the public works, which may exceed the cost of improvements required for the development or subdivision of the other land, including interest at such rate as is agreed on.

CONSENTS FOR REGISTRATION OF INSTRUMENTS

Authority to grant consents

260(1)      Council may, by by-law, authorize a committee of council or a designated employee to grant consents to the registration or filing of

(a) leases, conveyances, grants, assignments, agreements or other instruments that must not be accepted for registration or filing without the consent because of section 263 (restriction on instruments); or

(b) specified types of such instruments.

Consent to dealing with land

260(2)      A committee of council or designated employee authorized under a by-law passed under subsection (1)

(a) may grant a consent to the registration or filing of an instrument in respect of land if the committee or employee, as the case may be, determines that a plan of subdivision is not necessary for the proper and orderly development of the land; and

(b) may make any consent granted subject to any of the conditions described in subsection 259(1) (conditions for plans of subdivision).

Submission before setting conditions

260(3)      The granting of a consent under this Part must not be made subject to conditions unless the applicant for the consent has been given a reasonable opportunity to make submissions respecting the conditions.

Certificate of consent

261(1)      Where consent is granted under this Part for the registration or filing of an instrument, the committee of council, planning commission or designated employee granting the consent must issue a certificate to the applicant stating that the consent has been given, and the certificate is conclusive proof that the consent has been granted in compliance with this Part.

Expiry of consent

261(2)      A consent granted under this Part expires two years after the earlier of

(a) the date of the certificate issued under subsection (1) in respect of the consent; and

(b) the day the instrument in respect of which the consent is granted is registered or filed in the land titles office.

DISPOSITION OF CONVEYED LAND

Land conveyed to city

262(1)      Land conveyed to the city under a development agreement or pursuant to a condition imposed under this Part may be disposed of by the city if council determines that it is not required for purposes of the city.

Money received by city

262(2)      Any money received by the city

(a) from the disposition of land under subsection (1); or

(b) instead of a conveyance of land under a development agreement or pursuant to a condition imposed under this Part;

must be deposited in a reserve fund and used to purchase land for purposes of the city other than streets, or, with the approval of council, used in whole or in part for a city purpose other than the purchase of land.

RESTRICTION ON INSTRUMENTS EFFECTING SUBDIVISION

Instruments not to be accepted

263(1)      Subject to subsection (3), the district registrar must not accept for registration or filing any instrument that has the effect of subdividing land in the city, including

(a) a plan of subdivision;

(b) a plan of survey;

(c) an order or judgement of a court; and

(d) a caveat;

unless the subdivision has been approved under this Part or consent has been granted under this Part to the registration of the instrument.

Instruments void

263(2)      Subject to subsection (3), any instrument, whether registered or filed in the land titles office or not, that purports to subdivide, or has the effect of subdividing, a parcel of land in the city is void to the extent of the effect of subdividing the land unless

(a) the subdivision has been approved under this Part; or

(b) consent has been granted under this Part to the registration or filing of the instrument in the land titles office.

Exceptions to subsections (1) and (2)

263(3)      Subsections (1) and (2) do not apply to instruments that have, or might have, the effect of subdividing a parcel of land where

(a) each parcel resulting from the subdivision is at least

(i) a quarter section,

(ii) a parish lot,

(iii) a settlement lot,

(iv) one or more whole lots or blocks as shown in a previously registered plan of subdivision, or

(v) one or more whole lots or blocks and any existing part or parts of a lot or block contiguous thereto in a previously registered plan of subdivision; or

(b) the land, or any part of or right in the land, is being acquired or disposed of by the city, the Crown or Manitoba Hydro.

Contiguity of land

263(4)      For the purpose of this section, land that is excepted from land described in a certificate of title for a street, railway line, transmission or distribution line, drain or right of way, or is acquired for any of those purposes, is deemed not to create a break in the contiguity of the land.

Easement not a subdivision

263(5)      For the purposes of this section, an easement on or over a parcel of land does not have the effect of subdividing the parcel and is deemed not to create a break in the contiguity of the land.

Unregistered instrument effecting subdivision

264         An interest in land is not created or conveyed by an unregistered instrument that purports to subdivide land or to have the effect of subdividing land contrary to this Part.

OBSOLETE PLANS OF SUBDIVISION

Declaration respecting expiry of plans

265(1)      Council may, by by-law, declare that a plan of subdivision, or any part thereof, of land in the city that was registered more than eight years before the by-law is passed, is not a registered plan of subdivision for the purposes of this Part.

Notice of by-law

265(2)      A notice of the passing of a by-law under subsection (1) must be sent to each person appearing on the real property assessment roll of the city as the owner of a parcel of land covered by the plan of subdivision to which the by-law applies.

Registration of by-law

265(3)      A certified copy of a by-law passed under subsection (1) must be registered in the land titles office.

Coming into force of by-law

265(4)      A by-law passed under subsection (1) does not come into force until subsections (2) and (3) have been complied with.

EXPIRY OF APPROVAL

Registration of plan of subdivision in L.T.O.

266(1)      A plan of subdivision that is not registered in the land titles office within one year after it is approved under this Part must not be accepted by the district registrar for registration unless the time for registration is extended by council.

Time of approval

266(2)      For the purpose of this section a plan of subdivision is approved on the day

(a) where the plan is approved by by-law, on the day the by-law is passed;

(b) where the plan is approved by a committee of council or a planning commission, on the day that the committee or commission passes a resolution to approve the plan; and

(c) where the plan is approved by a designated employee, on the day shown on the written decision of the employee approving the plan.

SUBDIVISION IN FLOODWAY AREAS

Restriction on subdivisions in floodway area

267(1)      Subject to subsection (2),

(a) a plan of subdivision of land wholly or partly in a designated floodway area shall not be approved; and

(b) a consent to the registration or filing of an instrument respecting land wholly or partly in a designated floodway area shall not be granted;

if the approval or consent would create or have the effect of creating a parcel of land in respect of which construction may be permitted under section 158 (construction in floodway and floodway fringe areas).

Agreements re land in floodway areas

267(2)      A plan of subdivision of land wholly or partly in a designated floodway area may be approved, or a consent to the registration or filing of an instrument respecting land wholly or partly in a designated floodway area may be granted, subject to an agreement that prohibits construction on the land in the designated floodway area except as permitted under section 158 (construction in floodway and floodway fringe areas).

Registration and amendment of agreement

267(3)      An agreement entered into under subsection (2) must be registered by way of caveat in the land titles office against the land to which it applies, and

(a) the agreement must not be amended to allow construction in the designated floodway area except as permitted under section 158 (construction in floodway and floodway fringe areas); and

(b) the registration of the caveat must not be withdrawn unless it is withdrawn and re-registered to accommodate procedures in the land titles office.

FILING OF CAVEATS

Caveat respecting agreements

268(1)      Where the city enters into an agreement pursuant to a condition imposed under this Part, a caveat giving notice of the agreement may be filed against land affected by the agreement in the land titles office and thereafter the agreement runs with the land and, without special mention in the caveat, binds the owner of the land, successors in title to the owner and heirs, executors, administrators and assigns of the owner.

Withdrawal of caveats

268(2)      The Crown in right of Manitoba or the city may, at any time, withdraw a caveat referred to in subsection (1).

DIVISION 3

AIRPORT VICINITY PROTECTION AREA

ESTABLISHMENT AND REGULATIONS

Regulations re protection of airport vicinity

269(1)      The Lieutenant Governor in Council may make regulations

(a) requiring the establishment by council in Plan Winnipeg of an area of the city adjacent to Winnipeg International Airport as an airport vicinity protection area;

(b) establishing policies for use of real property, and for development, in the airport vicinity protection area to ensure that the use of real property and development in the area are compatible with the operation of Winnipeg International Airport, and requiring any Plan Winnipeg by-law to be consistent with those policies;

(c) requiring a zoning by-law to be passed by council to control or prohibit any use of real property or development in the airport vicinity protection area, or in a part of it, to ensure that the use of real property and development are compatible with the policies established under clause (b).

Regulations under subsection (1)

269(2)      A regulation under subsection (1) may require such steps to be taken as the Lieutenant Governor in Council considers necessary to ensure coordination of the establishment under this Act of the area of the airport vicinity protection area in the city and the area of any airport vicinity protection area established under subsection 25(5) (development plan for airport vicinity protection area) of The Planning Act.

Compliance with regulations under subsection (1)

269(3)      Every Plan Winnipeg by-law must, in conformity with regulations, if any, made under subsection (1),

(a) establish an area in the city adjacent to Winnipeg International Airport as an airport vicinity protection area; and

(b) contain plans and policies for the use of real property and for development in the airport vicinity protection area to ensure that the use of real property and development in the area are compatible with the operations of the airport.

Referral to Municipal Board

270(1)      Where

(a) a proposed secondary plan by-law deals with the airport vicinity protection area; and

(b) a municipality, or the board of a planning district established under The Planning Act, that is adjacent to the area, or the Government of Canada or the Government of Manitoba objects to the proposed by-law by filing a notice of objection with the city clerk before the day of the meeting at which council is to consider the report of a committee of council or planning commission respecting the proposed by-law;

the city must, before council gives second reading to the proposed by-law, refer the proposed by-law to The Municipal Board.

Hearing by Municipal Board

270(2)      Where a proposed secondary plan by-law is referred under subsection (1) to The Municipal Board, the board must

(a) give notice of a hearing respecting the proposed by-law in accordance with clause 230(1)(a) (hearing by Municipal Board) which applies with necessary changes;

(b) conduct a hearing respecting the proposed by-law; and

(c) submit a report, with recommendations, to council in respect of the proposed by-law.

Restriction on adoption of by-law

270(3)      Council must not pass a proposed secondary plan by-law that has been referred to The Municipal Board unless the proposed by-law conforms to the recommendations that the board has made in its report to council in respect of the by-law.

DEVELOPMENT IN AIRPORT AREA

Zoning by-laws in airport vicinity protection area

271         The city must ensure that all zoning by-laws that apply to real property in the airport vicinity protection area conform with regulations, if any, made under subsection 269(1).

Application of section 270

272         Section 270 (referral to Municipal Board) applies, with necessary changes, to

(a) every proposed zoning by-law affecting real property in the airport vicinity protection area; and

(b) every application for approval of a plan of subdivision, or amendment to a plan of subdivision, affecting real property in the airport vicinity protection area, in which case,

(i) references in section 270 to a "proposed secondary plan by-law" or "proposed by-law" shall be read as references to an "application for approval of a plan of subdivision or amendment to a plan of subdivision",

(ii) the reference in section 270 to "the day of the meeting at which council is to consider the report of a committee of council or planning commission respecting the proposed by-law" shall be read as "the day the application for approval will be considered",

(iii) references in section 270 to "giving second reading" and "passing" shall be read as references to "approving", and

(iv) references in section 270 to "council" shall be read as references to "council or the committee of council, planning commission or employee authorized to approve the plan of subdivision or amendment".

DIVISION 4

PLANNING COMMISSION

Establishment of planning commission

273(1)      Council may by by-law establish a planning commission.

Application

273(2)      Section 83 (by-law respecting hearing body) applies, with necessary changes, to a planning commission established under this section.

Powers, duties and functions of commission

274(1)      A planning commission must

(a) consider and make decisions respecting applications for variances referred to the commission in accordance with a by-law passed under subsection 247(2) (authority respecting variances);

(b) consider and make decisions respecting applications for conditional use of land referred to the commission in accordance with a by-law passed under subsection 253(2) (authority respecting conditional uses); and

(c) report and make recommendations to council in respect of any planning or development matter referred to the commission by council.

Committee of council duties assigned to commission

274(2)      Council may by by-law assign one or more of the powers, duties and responsibilities of a committee of council under the following provisions to a planning commission:

(a) clause 227(1)(b), but only in relation to an amendment to Plan Winnipeg initiated by an application made under clause 225(1)(b);

(b) subsection 234(3) (hearing on secondary plan by-law);

(c) subsection 236(3) (hearing on zoning by-law);

(d) section 240, in relation to an amendment to a development agreement;

(e) subsection 255(3) (referral of proposed subdivisions standards by-law for report);

(f) subsection 256(1) (delegation to committee of council);

(g) section 260 (authority to grant consents);

(h) the conduct of a hearing in relation to a business licence under section 149.

Planning commission to act by resolution

274(3)      A planning commission may act only by resolution.

DIVISION 5

PROCEDURES

DEVELOPMENT

Initiation of development proposals

275(1)      An application for

(a) adoption of, or an amendment to, a zoning by-law;

(b) approval of a plan of subdivision, conditional use or variance; or

(c) consent to registration or filing of a conveyance;

may be made by the owner of real property to which the application refers.

Rejection of applications

275(2)      If, in the opinion of a designated employee, an application made under subsection (1)

(a) does not conform with Plan Winnipeg or a secondary plan for the area in which the real property to which it relates is situated, the application must be refused without a hearing; or

(b) is the same or substantially similar to an earlier application that was rejected within one year before the day that the new application is made, the application may be refused without a hearing.

ERRORS AND CORRECTIONS

Amendments for errors or corrections

276         Where council considers that a proposed amendment to a by-law passed under this Part is to correct an error or omission and does not prejudice the rights of any person, council may pass the amendment without

(a) giving notice of a hearing in respect of the proposed amendment;

(b) holding a hearing in respect of the proposed amendment; and

(c) receiving a report in respect of the proposed amendment from a hearing body.

NOTICE OF HEARING

Notices of hearings

277         Unless otherwise provided, where under this Part a notice is required to be given of a hearing, other than a hearing conducted by The Municipal Board under subsection 230(1) (hearing by Municipal Board) or 270(2) (hearing by Municipal Board), the notice must be given

(a) by public notice in two newspapers,

(i) in the case of a hearing respecting a proposal to adopt, re-adopt, replace or amend Plan Winnipeg, in not less than two consecutive weeks, and

(ii) in any other case, at least once;

(b) by serving a copy of the notice on

(i) the applicant, if there is one,

(ii) in the case of a hearing respecting a Plan Winnipeg by-law or a zoning by-law, on any municipality, or the board of any planning district, any part of which is within 1 km of any real property in respect of which the hearing is to be conducted, and

(iii) any other person that council considers advisable; and

(c) in the case of a hearing respecting a proposal to adopt, re-adopt, replace or amend Plan Winnipeg, by serving a copy of the notice on the minister at least 21 days before the day of the hearing.

COMBINED HEARINGS

Combined hearings and notices

278(1)      A hearing and notice of the hearing required under this Part in respect of a proposed development may be combined with another hearing and notice where the proposed development requires two or more of the following:

(a) an amendment to Plan Winnipeg;

(b) an amendment to a secondary plan;

(c) an amendment to a zoning by-law;

(d) an amendment to a development agreement;

(e) an application for approval of a variance;

(f) an application for approval of a conditional use of land;

(g) an application for approval of or amendment to a plan of subdivision;

(h) an application for consent to register or file an instrument;

(i) a business licence under section 149.

Combinations of hearings

278(2)      If a hearing provided for in this Part

(a) must be held by

(i) the executive policy committee of council, it may combine the hearing with the hearing of any matter listed in subsection (1), or

(ii) a standing committee of council or a committee of council, the committee may combine the hearing with the hearing of any matter listed in clauses (1)(b) to (i); or

(b) may be held by a planning commission, the planning commission may hold a combined hearing in respect of one or more of the following:

(i) one or more of the matters listed in subsection 274(1) (powers, duties and functions of planning commission), and

(ii) a business licence under section 149.

Exercise of powers where hearings combined

278(3)      Where a hearing body holds a combined hearing under subsection (2), the hearing body has all the powers and duties in respect of all matters dealt with at the combined hearing that the employee or hearing body designated to deal with any of those matters would have had if the matters were not dealt with at the combined hearing.

AVAILABILITY OF MATERIALS

Material available for inspection

279         Where a notice is given of a hearing under this Part, the city must make available, at a place and during hours specified in the notice, a copy of any proposed by-law or any application in respect of which the hearing is to be conducted, any document relating to the proposed by-law or application that is in the possession of the city, and must permit any person to inspect it and to make copies of it for a prescribed fee.

HEARING BODIES

Recommendations by hearing body

280(1)      Where a hearing body conducts a hearing under this Part for the purpose of making a recommendation to council respecting a proposed by-law or an application, the hearing body must, within 30 days after completing the hearing, or such further time as council may allow, prepare and submit to council a report containing

(a) a summary of the submissions made at the hearing;

(b) the recommendation of the body that council approve, reject, or approve with conditions, the proposed by-law or application;

(c) the reasons for the recommendation; and

(d) such other information as council may require.

Decisions by hearing body

280(2)      Where a hearing body conducts a hearing under this Part for the purpose of making a decision respecting an application under this Part, the hearing body must approve the application, reject it, or approve it with conditions.

Notice of report to council

280(3)      Where a hearing body submits a report to council under subsection (1), the city must, as soon as practicable after the report is submitted, send by ordinary mail to the applicant, if the report relates to an application, and to any person who made submissions at the hearing to which the report relates,

(a) a summary of the report and its recommendations; and

(b) notice of the date and time when, and place where, council is to consider the report.

PASSING OR REJECTING BY-LAWS

Consideration of recommendation re by-law

281         Where a hearing body has conducted a hearing respecting a by-law proposed under this Part, before passing or rejecting the proposed by-law, council must consider the recommendations of the hearing body and may then

(a) pass the by-law or pass it with amendments or subject to conditions; or

(b) reject the by-law.

Notice respecting by-law

282         Where council passes or rejects a by-law proposed under this Part, the city must, as soon as practicable, give notice of the decision by ordinary mail to

(a) the person who has applied for the proposed by-law; and

(b) every person who made submissions at any hearing conducted respecting the proposed by-law.