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The City of Winnipeg Charter Act

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
128 Spheres of authority not mutually exclusive
PUBLIC CONVENIENCE
129 General authority
130 Activities and things on private property
131 Property adjacent to streets
132 Animals and birds
133 Litter from businesses
HEALTH, SAFETY AND WELL-BEING
134 (1) General authority
(2) Health and safety
(3) By-laws inconsistent with Public Health Act
ACTIVITIES IN PUBLIC PLACES
135 (1) General authority
(2) Meaning of "public places" etc.
STREETS
136 Control of streets
137 Possession and control vests in city
138 City is traffic authority
139 General authority
140 (1) Closing streets
(2) Combined by-laws
141 (1) Determining persons injuriously affected
(2) Appeal of by-law
(3) Decision on appeal
142 Land from closed street
143 (1) Designation of limited access street
(2) Compensation for closing entrances
144 Determination of compensation
145 Private works on streets
146 (1) Designated parking spaces for disabled
(2) Offence
(3) Penalty
147 Boulevards
ACTIVITIES OF BUSINESSES
148 General authority
149 (1) Business activities
(2) Business licensing
(3) Restriction on licensing certain businesses
BUILDINGS, EQUIPMENT AND MATERIALS
150 General authority
151 Construction activities
152 (1) Inspection of plans
(2) Approval of plans
(3) Extent of inspections
153 (1) Report of offence to associations
(2) Information given on request
(3) No action for providing information
154 Equipment and materials
155 Exception for certain electrical inspections
156 Buildings conservation list
157 (1) Winnipeg Building Commission
(2) Powers of commission re existing buildings
CONSTRUCTION IN FLOODWAY AND FLOODWAY FRINGE AREAS
158 (1) Regulations by Lieutenant Governor in Council
(2) Restricted construction in floodway areas
(3) Exception for construction in floodway area
(4) Restricted construction in floodway fringe areas
(5) Permit for superstructure
(6) Variation of floodproofing criteria
(7) Order varying floodproofing criteria
(8) Conditions respecting flood protection
(9) Province to receive order
WATERWAYS
159 (1) General authority
(2) Waterways
(3) Construction spanning waterways
WATER
160 (1) City to ensure water supply
(2) Powers respecting water
(3) Application of by-laws to waterworks system
(4) By-laws respecting water supply
WASTE
161 (1) General authority
(2) Solid waste
(3) Drainage and wastewater
PUBLIC TRANSPORTATION
162 (1) General authority
(2) Transit and transportation
163 (1) Exclusive authority
(2) Vehicles operated for school purposes
(3) Agreement for private operation
AMBULANCE SERVICES
164 General authority
FIRE PROTECTION
165 (1) General authority
(2) Fire protection
POLICE
166 (1) General authority
(2) Composition of police service
(3) Restrictions on by-laws
(4) Duties of members of police service
167 Committee for investigation of conduct of police
168 Lock-ups
ARBITRATION IN COLLECTIVE BARGAINING WITH POLICE SERVICES
169 (1) Definitions
(2) Words and expressions in principal Act
170 Application of principal Act
171 (1) Application for arbitration board
(2) Establishment of arbitration board
(3) Appointment of members of arbitration board
(4) Failure to appoint chairperson
172 (1) Work of arbitration board
(2) Changes in applying provisions
173 (1) Commencement of agreement or award
(2) Term of agreement
(3) Continuation of agreement and award
DIVISION 2
EXERCISING BY-LAW MAKING AUTHORITY
174 General powers in exercise of authority
DIVISION 3
ENFORCEMENT AND BY-LAWS RESPECTING ENFORCEMENT
175 General powers respecting enforcement
SPECIAL CONSTABLES AND ENFORCEMENT OFFICERS
176 (1) Appointment of enforcement officers
(2) Appointment of special constables
(3) Status of special constables
OFFENCES AND PENALTIES
177 (1) Offences
(2) Separate offences
(3) Directors and officers of corporations
178 (1) General penalty
(2) Consent payments
(3) Orders in addition to penalty
(4) Conditions for fine payment
179 Limitation on penalty fixing
INSPECTIONS AND ORDERS
180 (1) Inspections
(2) Identification of designated employee
181 No notice in emergencies
182 (1) Inspection programs conducted by public notice
(2) Public notice of inspections
(3) Council may reappoint employee
(4) Entry for inspection under public notice
(5) Liability for damages
183 (1) Application for warrant
(2) Application before entry attempted
(3) Daytime execution of warrant
184 (1) Order to remedy contravention
(2) Content of order
(3) Registration of order
(4) Content of registered order
(5) District registrar to register order
(6) Subsequent purchasers are deemed served
(7) Discharge of order
185 (1) City remedying contravention etc.
(2) Closure of building and removal of occupants
(3) Notice before removal or demolition
186 (1) Emergencies
(2) Application
(3) Compliance with order
(4) Remuneration for compliance
187 (1) Costs
(2) Proceeds of sale
188 Application to court to enforce by-law
APPEALS
189 (1) Appeals to designated hearing bodies
(2) Notice of appeal
(3) Where decision or order not appealed
(4) Notice of appeal hearing
(5) Hearing date
(6) Powers of hearing body
(7) Decision final
(8) Application of section 58
DIVISION 4
DERELICT PROPERTY
190 (1) Definitions
(2) Interpretation: evidence property is derelict
191 (1) By-law re derelict building certificates
(2) Public hearing required
(3) Content of by-law
(4) Appeals to committee of council
192 (1) Orders must be served and filed
(2) Content of registered orders
(3) District registrar to register order
(4) Subsequent purchasers are deemed served
(5) Change in ownership does not affect process
193 (1) Application for derelict building certificate
(2) Application to EPC or standing committee
(3) Issuance of derelict building certificate
(4) Registration of derelict building certificate
194 (1) Discharge of orders and certificates
(2) Process must recommence
195 (1) City's application for title
(2) How application to be treated
(3) Failure to make application
196 (1) Notice to interested persons of application for title
(2) Contents of notice
(3) Application for substitutional service
197 (1) Directions for substitutional service
(2) Compliance with order
198 No claim in respect of property
199 (1) Issue of title
(2) Validity of title
200 (1) District registrar not obliged to inquire
(2) No action against district registrar
201 (1) Setting aside derelict building certificate
(2) Action to set aside derelict building certificate
DIVISION 5
CORPORATE POWERS
GENERAL POWERS
202 Rights and liabilities of a corporation
203 Ancillary powers
PROPERTY
204 General powers
205 (1) Dealing with property
(2) Restriction on disposal of park land
(3) Lease of land held for street
(4) Acquiring and assembling land
(5) Dealing with assembled or acquired land
206 (1) Entry for expropriation purposes
(2) Entry for locating works
(3) Liability for damages
207 Land owned in other municipalities
208 Use of city works
PUBLIC SERVICES AND FACILITIES
209 (1) General authority
(2) Powers under subsection (1)
210 (1) Fees and charges
(2) Application of section 348
(3) Free use of libraries by residents
(4) Collection of fees and charges
(5) Rates for services and commodities
AGREEMENTS
211 General authority
CONTROL OF CORPORATIONS
212 (1) Interpretation: "control"
(2) Regulations re: establishing corporations
(3) Incorporation of corporations
(4) Scope of regulation
213 Restrictions re corporate matters
PROCUREMENT POLICY
214 (1) Definition
(2) Procurement policy
(3) Contents of policy
SPECIAL SERVICE UNITS
215 (1) Establishing special service units
(2) Council's powers re special service units
(3) Delegation to special service units
(4) Financing special service units
(5) Consistency with other policies respecting finances
(6) Annual report
(7) Unit is affiliated body
216 Review of special service units
FINANCIAL ASSISTANCE
217 (1) Definition of "taxes"
(2) Tax credits
(3) Tax rebates
218 (1) Financial assistance
(2) Forms of financial assistance
(3) Council may require an agreement
(4) Economic and cultural development
GRANT, LOAN, TAX REBATE AND TAX CREDIT PROGRAMS
219 (1) General authority
(2) Grant, loan and tax credit programs
(3) Provisions re terms and conditions of loans
220 (1) Regulations respecting loans and loan guarantees
(2) Limits re loans and loan guarantees
221 Reduced tax rate on agricultural land
TAX INCREMENT FINANCING
222 (1) Establishing tax increment financing programs
(2) Provisions re tax increment financing programs
EMERGENCY PREPAREDNESS
223 General powers and duties of city
PART 6
PLANNING AND DEVELOPMENT
DIVISION 1
PLANS
PLAN WINNIPEG
224 Adoption of Plan Winnipeg
225 (1) Initiation of amendments to Plan Winnipeg
(2) Right to hearing
(3) Application may be refused
226 (1) Periodic review
(2) Minister's order to review
(3) Method of review
(4) By-law to be re-enacted, amended or replaced
(5) Conformance with provincial land use policies
PLAN WINNIPEG BY-LAWS
227 (1) Hearings on Plan Winnipeg by-laws
(2) Second reading of proposed by-law
228 (1) Submission to minister
(2) Notice of second reading
MINISTER'S ACTIONS
229 (1) Decision of minister
(2) Referral to Municipal Board
(3) Where by-law approved by minister
230 (1) Hearing by Municipal Board
(2) Adoption after Municipal Board report
231 Forwarding copy of by-law to minister
232 (1) Referral of Plan Winnipeg by-law to L. G. in C.
(2) Enactment of by-law by L. G. in C.
233 Public notice of Plan Winnipeg by-law
SECONDARY PLANS
234 (1) Adoption of secondary plans
(2) Conformity with Plan Winnipeg
(3) Hearing on secondary plan by-law
EFFECT OF PLAN BY-LAWS
235 Compliance with plan by-laws
DIVISION 2
DEVELOPMENT
236 (1) Council to pass zoning by-laws
(2) Content of zoning by-law
(3) Hearing on zoning by-law
237 Where non-conforming use not permitted
238 Effect of zoning by-law on caveats
239 Amendment required by Municipal Board
DEVELOPMENT AGREEMENTS
240 (1) Authority for development agreements
(2) Registration of agreement in L.T.O.
(3) Agreement binding on successors
(4) Timing of agreement and by-law
NON-CONFORMING USES
241 (1) Previously conforming building and use continued
(2) What constitutes existing building
242 Certificate may be issued
243 (1) Limitation on alteration or addition
(2) Damaged non-conforming building
244 (1) Non-conforming use ending after 12 months
(2) Effect of change of ownership on use
245 (1) Cancellation of permits
(2) Expenses where permit cancelled
(3) Arbitration
246 (1) Withholding permit
(2) Extension of withholding
(3) Compensation
VARIANCES
247 (1) Approval of variances
(2) Authority respecting variances
(3) Criteria for approving variances
(4) Restrictions on variances
248 (1) Disposition of applications for variances
(2) Submissions before setting conditions
249 Procedure by planning commission
250 (1) Notice of decision
(2) Notice of decision by planning commission
251 (1) Appeals on variances
(2) Appeals to committee of council
(3) Procedure for appeal
252 Termination of variances
CONDITIONAL USES
253 (1) Approval of conditional uses
(2) Authority respecting conditional uses
254 Procedure for applications for conditional uses
SUBDIVISION STANDARDS
255 (1) Subdivision standards by-law
(2) Content of standards by-law
(3) Referral of proposed subdivision standards by-law for report
SUBDIVISION APPROVALS
256 (1) Delegation to committee of council
(2) Hearing on certain applications
257 (1) Restriction on approvals of plans of subdivision
(2) Submission before setting conditions
258 Effect of approval by committee or employee
259 (1) Conditions for plans of subdivision
(2) Effect of agreement
CONSENTS FOR REGISTRATION OF INSTRUMENTS
260 (1) Authority to grant consents
(2) Consent to dealing with land
(3) Submission before setting conditions
261 (1) Certificate of consent
(2) Expiry of consent
DISPOSITION OF CONVEYED LAND
262 (1) Land conveyed to city
(2) Money received by city
RESTRICTION ON INSTRUMENTS EFFECTING SUBDIVISION
263 (1) Instruments not to be accepted
(2) Instruments void
(3) Exceptions to subsections (1) and (2)
(4) Contiguity of land
(5) Easement not a subdivision
264 Unregistered instrument effecting subdivision
OBSOLETE PLANS OF SUBDIVISION
265 (1) Declaration respecting expiry of plans
(2) Notice of by-law
(3) Registration of by-law
(4) Coming into force of by-law
EXPIRY OF APPROVAL
266 (1) Registration of plan of subdivision in L.T.O.
(2) Time of approval
SUBDIVISION IN FLOODWAY AREAS
267 (1) Restriction on subdivisions in floodway area
(2) Agreements re land in floodway areas
(3) Registration and amendment of agreement
FILING OF CAVEATS
268 (1) Caveat respecting agreements
(2) Withdrawal of caveats
DIVISION 3
AIRPORT VICINITY PROTECTION AREA
ESTABLISHMENT AND REGULATIONS
269 (1) Regulations re protection of airport vicinity
(2) Regulations under subsection (1)
(3) Compliance with regulations under subsection (1)
270 (1) Referral to Municipal Board
(2) Hearing by Municipal Board
(3) Restriction on adoption of by-law
DEVELOPMENT IN AIRPORT AREA
271 Zoning by-laws in airport vicinity protection area
272 Application of section 270
DIVISION 4
PLANNING COMMISSION
273 (1) Establishment of planning commission
(2) Application
274 (1) Powers, duties and functions of commission
(2) Committee of council duties assigned to commission
(3) Planning commission to act by resolution
DIVISION 5
PROCEDURES
DEVELOPMENT
275 (1) Initiation of development proposals
(2) Rejection of applications
ERRORS AND CORRECTIONS
276 Amendments for errors or corrections
NOTICE OF HEARING
277 Notices of hearings
COMBINED HEARINGS
278 (1) Combined hearings and notices
(2) Combinations of hearings
(3) Exercise of powers where hearings combined
AVAILABILITY OF MATERIALS
279 Material available for inspection
HEARING BODIES
280 (1) Recommendations by hearing body
(2) Decisions by hearing body
(3) Notice of report to council
PASSING OR REJECTING BY-LAWS
281 Consideration of recommendation re by-law
282 Notice respecting by-law