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S.M. 2006, c. 34
Bill 33, 5th Session, 38th Legislature
The Northern Affairs Act
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(Assented to December 7, 2006)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
PART 1
INTRODUCTORY PROVISIONS
DEFINITIONS
1 The following definitions apply in this Act.
"affiliated body" means a body, all the members of which, or all the members of the board of management or board of directors of which, are appointed by the council of a community. (« organisme affilié »)
"area" means an area of land in northern Manitoba that is not within the boundaries of a settlement or community. (« région »)
"business" means
(a) a commercial, merchandising or industrial activity or undertaking;
(b) a profession, trade, occupation, calling or employment; or
(c) an activity providing goods or services;
whether or not carried on continuously or on an intermittent or one-time basis and whether or not for profit, and however organized or formed, and includes a co-operative and an association of persons. (« entreprise »)
"business tax" means a tax imposed by or under the authority of a by-law under section 158 or 162. (« taxe d'affaires »)
"by-election" means an election to fill a vacancy on the council of a community that is not conducted as part of a regular election. (« élection partielle »)
"community" means a community that is continued or designated under this Act. (« collectivité »)
"community administrative officer" means a person appointed as a community administrative officer under subsection 132(1). (« directeur de la collectivité »)
"community purposes" means the purposes set out in section 4. (« fins de la collectivité »)
"community record" means any kind of recorded information that is created or received by, or in the custody or control of, a community, regardless of physical form or characteristics, and includes
(a) information recorded on paper, photographic film, microfilm, sound or video tape or disk, and in a computer system;
(b) a copy of the record; and
(c) a part of the record. (« document de la collectivité »)
"community road" means land that
(a) has been opened under section 68, or opened, dedicated or reserved under any other Act, as a road for public use; and
(b) has not been closed under section 69 or any other Act;
and includes a road allowance, street, lane, thoroughfare, walkway, bridge and underpass, but does not include a departmental road as defined in The Highways and Transportation Act. (« chemin de la collectivité » ou « chemin relevant de la collectivité »)
"council" means the council of a community, and "community council" has the same meaning. (« conseil »)
"council committee" means a committee, or other body established by a council under subsection 125(1). (« comité du conseil »)
"council meeting" means a regular meeting or special meeting of a council, but does not include a public meeting held by a council. (« réunion du conseil »)
"court" means the Court of Queen's Bench. (« tribunal »)
"designated officer" means a person appointed to a position established under section 137. (« cadre désigné »)
"election" means an election for an office on the council of a community. (« élection »)
"improvement" means an improvement as defined in The Municipal Assessment Act. (« amélioration »)
"incorporated community" means a community that has been incorporated by a regulation made under section 8, and includes an incorporated community continued by this Act. (« collectivité constituée »)
"land" means land as defined in The Municipal Assessment Act. (« bien-fonds »)
"local authority" means
(a) a planning district established under The Planning Act;
(b) a school district or school division established under The Public Schools Act;
(c) a conservation district established under The Conservation Districts Act;
(d) a health and social services district board established under The District Health and Social Services Act;
(e) the governing board of a hospital district established under The Health Services Act;
(f) a community development corporation incorporated under Part XXI of The Corporations Act;
(g) a regional development corporation incorporated under Part XXII of The Corporations Act; or
(h) a body prescribed as a local authority by the minister. (« autorité locale »)
"local body" means
(a) any board, committee or other body that is established or appointed by a council and that administers funds of a community; and
(b) any organization or other body
(i) to which a community has made a grant or loan of money of $5,000. or more, and
(ii) on which a community is represented by one or more persons appointed by the council of the community. (« organisme local »)
"member", in relation to members of council, includes the mayor. (« membre »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)
"non-profit organization" means
(a) a corporation that is prohibited from paying dividends to its members, and distributing the assets to its members on a winding-up; or
(b) any other entity established under a law of Manitoba or Canada for a purpose other than to make a profit;
but does not include a credit union, caisse populaire or co-operative established under a law of Manitoba or Canada. (« organisme sans but lucratif »)
"northern Manitoba" means all that part of Manitoba north of the northern boundary of Township 21 that is not included in
(a) a wildlife management area or refuge designated as such under The Wildlife Act;
(b) a provincial forest designated as such under The Forest Act;
(c) a provincial park designated as such under The Provincial Parks Act;
(d) a municipality or local government district; or
(e) any area prescribed by the Lieutenant Governor in Council as not being within northern Manitoba for the purposes of this Act. (« Nord »)
"prescribed" means, unless otherwise indicated, prescribed by regulation under this Act.
"real property" means real property as defined in The Municipal Assessment Act. (« bien réel »)
"regular election" means an election held in a community under subsection 79(1). (« élections ordinaires »)
"regulation" means a regulation made under this Act. (« règlement »)
"requisition" means an amount that is required to be to levied and collected by or within a community on behalf of another entity. (« réquisition »)
"settlement" means a settlement that is continued or designated under this Act. (« localité »)
"taxes" means
(a) the following taxes imposed under Division 5 (Imposing and Collecting Taxes) of Part 7:
(i) real property taxes,
(ii) business taxes and fees in lieu of business taxes,
(iii) personal property taxes,
(iv) local improvement taxes;
(b) any other taxes, levies and charges imposed under this Act which may be added to or collected in the same manner as real property or personal property taxes or business taxes; and
(c) any taxes, levies or charges imposed under another Act which a community or the minister is required to collect and which may be added to or collected in the same manner as real property or personal property taxes or business taxes. (« taxes »)
"taxpayer" means a person liable to pay a tax imposed by or on behalf of a community. (« contribuable »)
"The Municipal Board" means The Municipal Board established under The Municipal Board Act. (« Commission municipale »)
"voter" means person who is qualified under Part 4 to vote in an election of members of council. (« électeur »)
2 Despite any Act of the Legislature,
(a) land within an Indian Reserve is not part of the area of a settlement or community;
(b) persons residing within an Indian Reserve are not residents of a settlement or community; and
(c) a description of the boundaries of a settlement or community, or the area within a settlement or community, is deemed to provide that land within an Indian Reserve is excluded from the settlement or community.
PURPOSES
3 The purposes of a settlement are
(a) providing for stewardship of public assets within the boundaries of the settlement;
(b) fostering economic, social and environmental well-being of the settlement; and
(c) delivering and participating in provincial programs and initiatives.
4 The purposes of a community are
(a) providing for good government;
(b) providing for services, facilities and other matters for community benefit;
(c) providing for stewardship of its public assets;
(d) fostering economic, social and environmental well-being of its community; and
(e) delivering and participating in provincial programs and initiatives.
PART 2
SETTLEMENTS AND COMMUNITIES
5 In this Part, "board" means the Northern Manitoba Community Consultation Board established in section 15.
6 The minister may by regulation designate an area as a settlement. The regulation must name the settlement and describe its boundaries.
7(1) The minister may by regulation designate a settlement or an area as a community. The regulation must name the community and describe its boundaries.
Boundaries need not be contiguous
7(2) The boundaries of a community need not be contiguous.
8 The minister may by regulation incorporate or unincorporate a community.
Principles, standards and criteria
9(1) The minister may establish and publish principles, standards and criteria that are to be considered in deciding whether to designate, change the corporate status of or dissolve a community.
Regulations Act does not apply
9(2) The Regulations Act does not apply to the principles, standards and criteria established under this section.
Changing boundaries or withdrawing designation
10(1) The minister may by regulation
(a) change the boundaries of a settlement or a community; or
(b) withdraw the designation of a settlement or community.
Effect of withdrawing designation
10(2) If the designation of a settlement or community is withdrawn, the territory previously within the boundaries of the settlement or community reverts to unorganized territory.
Change to be initiated by a proposal
11(1) A change in designation or corporate status must be initiated by a proposal.
Initiating a settlement or community
11(2) A proposal to have land designated as a settlement or a community may be initiated by
(a) the minister, if he or she is satisfied that the proposal is in the best interests of the residents of the area or settlement; or
(b) a petition signed by at least 15 residents of the land who are 18 years of age or older.
Initiating changes — settlement
11(3) A proposal to change the designation or boundaries of a settlement may be initiated by the minister, if he or she is satisfied that the proposal is in the best interests of the residents of the settlement.
Initiating changes — community
11(4) A proposal to change the designation, boundaries or corporate status of a community may be initiated
(a) by the minister, if he or she is satisfied that the proposal is in the best interests of the residents of the community; or
(b) by a resolution of the council of the community.
12(1) Subject to subsection (2), before making a regulation under this Part, the minister must
(a) refer the subject matter of the regulation to the board;
(b) receive the board's report and recommendations in respect of the matter; and
(c) consider the principles, standards and criteria established under section 9.
12(2) The minister may by regulation correct an error or clarify an ambiguity in the description of the boundaries of a settlement or community.
Board to conduct public consultations
13 Only the minister can refer a proposal to the board, but the minister is not obligated to refer every proposal he or she receives to the board.
14 The boundaries of a settlement or community described in a regulation made under this Part are sufficiently described if the boundaries are indicated on, or described by reference to, a map adopted, incorporated or referred to in the regulation.
NORTHERN MANITOBA COMMUNITY CONSULTATION BOARD
15 The Northern Manitoba Community Consultation Board is hereby established.
16(1) The board is to consist of three members appointed by the minister, one of whom must be the nominee of the Northern Association of Community Councils.
16(2) The term of office of a member must not be more than three years, but a member may be re-appointed.
16(3) A member whose term expires continues to hold office until he or she is re-appointed or a successor is appointed.
16(4) The minister may fill a vacancy on the board by appointing a person to fill the former member's unexpired term.
16(5) The minister may determine the amount of any remuneration and reimbursement for expenses that may be paid to members.
16(6) The minister may provide the board with any staff that it requires to carry out its functions under this Act.
Board may add residents as members
17(1) Despite subsection 16(1), to assist it in its consultations regarding a specific proposal, the board may, with the written approval of the minister, appoint one or two residents of the area, settlement or community affected by the proposal.
17(2) A resident appointed by the board has all the powers and duties of a member of the board for the proposal that affects his or her area, settlement or community.
PUBLIC CONSULTATIONS
Referral to include description of proposal
18(1) When referring a proposal to the board, the minister must include a general description of the proposal and the reasons for it.
Copies of proposal to be provided
18(2) The minister must give a copy of the proposal to the following:
(a) if a community is affected by the proposal, the community's council;
(b) if a settlement is affected by the proposal, the settlement's contact person.
Notice of proposal must be posted
18(3) The council or contact person must post notice in the following places that a proposal has been received:
(a) in the case of a community,
(i) in the community office,
(ii) the place of the regular meetings of council, if other than the community office, and
(iii) at least one other location in the community designated by council;
(b) in the case of a settlement, in at least one location in the settlement that is accessible to the public.
18(4) The notice must state that interested persons may obtain access to the proposal by contacting the following persons:
(a) in the case of a community, the community administrative officer;
(b) in the case of a settlement, the contact person.
Proposal must be made available on request
18(5) The community administrative officer or contact person must, on the request, provide access to the proposal within a reasonable time.
Board to give notice and hold meeting
19(1) Upon receiving a proposal from the minister, the board must hold at least one public meeting about it.
19(2) The board must give public notice of the meeting at least 30 days before it is held.
19(3) The board may hold the public meeting at any location that is suitable and, in its opinion, convenient for residents who may be affected by the proposal.
20 The board must
(a) at the time and place set out in the notice that was posted, begin the meeting;
(b) hear any person who may be affected by the proposal and who wishes to make a submission, ask a question or register an objection on his or her own behalf or on behalf of others;
(c) keep a record of its proceedings; and
(d) prepare a report.
Board to submit report to minister
21(1) Unless otherwise specified by the minister, not earlier than 30 days or later than 120 days after all the public meetings in respect of a proposal are completed, the board must give its report to the minister.
21(2) The board's report must contain
(a) a summary of the public consultations that were held, including the dates and locations of the public meetings;
(b) a summary of the submissions, questions and objections received; and
(c) the recommendations of the board respecting the proposal.
CHANGE IN DESIGNATION OF COMMUNITY
Effect of change of designation of community
22(1) A regulation changing the designation of a community or its corporate status may contain provisions dealing with one or more of the following in relation to the area, settlement or community affected by the regulation:
(a) assessment and taxation, which may include phasing in increases or decreases in taxes or licence fees that are directly attributable to the change in designation;
(b) property;
(c) employees;
(d) by-laws being continued, including by-laws that, as a result of the change in designation, the community no longer has the authority to make;
(e) collection of taxes, and fees in lieu of taxes;
(f) any matter required to deal with the change in designation, whether transitional of otherwise;
(g) the application, addition, change or substitution of an Act of the Legislature or any regulation under an Act of the Legislature to give effect to the regulation.
Extent of regulation-making under subsection (1)
22(2) The provisions referred to in subsection (1) may deal with rights, obligations, liabilities, assets and any other thing that the minister considers is appropriate to be dealt with in the regulation.
Receiver may be appointed if community dissolved
22(3) The minister may appoint a receiver for a community dissolved by regulation under this Part, and sections 200 to 202 apply, with necessary changes, to the receiver.
23(1) If a regulation under this Part changes the corporate status of a community but does not change its boundaries in a material way, each member of council of the community continues to hold office on the council until his or her term of office expires.
New community or material change in boundaries
23(2) If a regulation under this Part designates a new community or alters the boundaries of an existing community in a material way,
(a) each member of council of the community ceases to hold office; and
(b) the regulation must deal with the matters set out in section 93 (election of first council).
Retroactivity and coming into force
24(1) A regulation made under this Part may provide
(a) for the retroactive application of the regulation or any of its provisions; and
(b) for different provisions of the regulation to come into force on different dates.
24(2) A regulation or any of its provisions may be made retroactive only to a date in the year immediately before the calendar year in which the regulation is made.
Correction of errors in regulations
24(3) An error in any regulation made under this Part may be corrected by subsequent regulation, and the correcting regulation may be made effective as of the date of the original regulation or on some other later date that is specified in the regulation.
PART 3
COMMUNITY POWERS AND DUTIES
DIVISION 1
BY-LAW MAKING POWERS
GENERAL
Communities not incorporated require delegation
25 Except as delegated to it by the minister under section 175, a community that is not incorporated may not exercise any of the powers or functions in this Division.
Geographic application of by-laws
26 A by-law of a community applies only within its boundaries unless
(a) the community agrees with another community or municipality that a by-law passed by one has effect within the boundaries of the other and the council of each passes a by-law approving the agreement; or
(b) this or any other Act provides that the by-law applies outside the boundaries of the community.
By-law inconsistent with other legislation
27 A by-law that is inconsistent with an enactment in force in the province is of no effect to the extent of the inconsistency.
Guide to interpreting power to pass by-laws
28 The power given to a council under this Division to pass by-laws is stated in general terms
(a) to give broad authority to the council and to respect its right to govern the community in whatever way the council considers appropriate, within the jurisdiction given to it under this and other Acts; and
(b) to enhance the ability of the council to respond to present and future issues in the community.
29(1) A council may pass by-laws for community purposes respecting the following matters:
(a) the safety, health, protection and well-being of people, and the safety and protection of property;
(b) people, activities and things in, on or near a public place or a place open to the public, including parks, community roads, recreation centres, restaurants, facilities, retail stores, malls, and private clubs and facilities that are exempt from taxes imposed by the community;
(c) subject to section 30, activities or things in or on private property;
(d) community roads, including naming the roads, posting the names on public or private property, and numbering lots and buildings along the roads;
(e) private works on, over, along or under community roads;
(f) property adjacent to highways or community roads, whether the property is publicly or privately owned;
(g) the operation of off-road vehicles on public or private property;
(h) drains and drainage on private or public property;
(i) preventing and fighting fires;
(j) the sale and use of firecrackers and other fireworks, the use of rifles, guns and other firearms, and the use of bows and arrows and other devices;
(k) wild and domestic animals and activities in relation to them, including by-laws differentiating on the basis of sex, breed, size or weight;
(l) public utilities;
(m) local transportation systems;
(n) businesses, business activities and persons engaged in business;
(o) the enforcement of by-laws.
Exercising by-law-making powers
29(2) Without limiting the generality of subsection (1), a council may in a by-law passed under this Division
(a) regulate or prohibit;
(b) adopt by reference in whole or in part, with any changes the council considers necessary or advisable, a code or standard made or recommended by the Government of Canada or a province or a recognized technical or professional organization, and require compliance with the code or standard;
(c) deal with any development, activity, industry, business, or thing in different ways, or divide any of them into classes and deal with each class in different ways;
(d) establish fees or other charges for services, activities or things provided or done by the community or for the use of property under the ownership, direction, management or control of the community;
(e) subject to the regulations, provide for a system of licences, permits or approvals, including any or all of the following:
(i) establishing fees, and terms for payment of fees, for inspections, licences, permits and approvals, including fees related to recovering the costs of regulation,
(ii) establishing fees for licences, permits and approvals that are higher for persons or businesses who do not reside or maintain a place of business in the community,
(iii) prohibiting a development, activity, industry, business or thing until a licence, permit or approval is granted,
(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 who may impose them,
(v) providing for the duration of licences, permits and approvals and their suspension or cancellation or any other remedy, including undertaking remedial action, and charging and collecting the costs of such action, for failure to pay a fee or to comply with a term or condition or with the by-law or for any other reason specified in the by-law,
(vi) providing for the posting of a bond or other security to ensure compliance with a term or condition;
(f) except where a right of appeal is already provided in this or any other Act, provide for an appeal and the body that is to decide the appeal, and related matters;
(g) require persons who do not reside or have a place of business in the community to report to the community office before conducting business in the community; and
(h) require pawnbrokers to report all transactions by pawn or purchase to the mayor or to the police.
Content of by-laws under clause 29(1)(c)
30 A by-law under clause 29(1)(c) (activities or things in or on private property) may contain provisions only in respect of
(a) the requirement that land and improvements be kept and maintained in a safe and clean condition;
(b) the parking and storing of vehicles, including the number and type of vehicles that may be kept or stored and the manner of parking and storing;
(c) the removal of top soil; and
(d) activities or things that in the opinion of the council are or could become a nuisance, which may include noise, weeds, odours, unsightly property, fumes and vibrations.
Content of by-laws under clause 29(1)(f)
31 Without limiting the generality of clause 29(1)(f) (property adjacent to highways or community roads), a by-law passed under that clause may include provisions respecting signs, survey monuments, landscaping and setbacks, including
(a) the growing of trees and shrubs and the construction of improvements;
(b) the control and removal of trees, shrubs, weeds, grass, snow, ice and obstructions; and
(c) the construction, repair and removal of fences and snow fences.
Charge re local transportation system under clause 29(1)(m)
32 Despite The Public Utilities Board Act, including section 106 (conflict of laws) of that Act, a rate, toll, fare or other charge established by a council in respect of a local transportation system referred to in clause 29(1)(m) is not subject to that Act.
Content of by-laws under clause 29(1)(o)
33(1) Without limiting the generality of clause 29(1)(o) (enforcement of by-laws), a by-law passed under that clause may include provisions
(a) providing for procedures, including inspections, for determining whether by-laws are being complied with; and
(b) remedying contraventions of by-laws, including
(i) creating offences,
(ii) subject to the regulations, providing for fines and penalties, including the imposition of a penalty for an offence that is in addition to a fine or imprisonment, so long as the penalty relates to a fee, rate, toll, charge or cost that is associated with the conduct that gives rise to the offence, or related to enforcing the by-law,
(iii) providing that an amount owing under subclause (ii) may be collected in any manner in which a tax may be collected or enforced under this Act,
(iv) seizing, removing, impounding, confiscating and selling or otherwise disposing of plants, animals, vehicles, or other things related to a contravention, and
(v) charging and collecting costs incurred in respect of acting under subclause (iv).
Application of clause 29(1)(o)
33(2) Clause 29(1)(o) applies only in respect of a by-law passed under this Part.
No licence required for sale of own produce
34 Despite clause 29(2)(e) (by-laws respecting licences, permits, approvals), a community may not require that a licence, permit or approval be obtained to sell produce grown in Manitoba if the sale is by the individual who produced it or an immediate family member or employee of the individual.
Fee in addition to business or other tax
35 A fee imposed under this Division is in addition to, and not in lieu of, a business or other tax imposed under Division 5 of Part 7.
ENFORCEMENT OF BY-LAWS
Community inspections and enforcement
36(1) If this or any other Act, a regulation or a by-law authorizes or requires anything to be inspected, remedied, enforced or done by a community, a designated officer of the community may, after giving reasonable notice to the owner or occupier of land or the building or other structure to be entered to carry out the inspection, remedy, enforcement or action,
(a) enter the land or structure at any reasonable time, and carry out the inspection, remedy, enforcement or action authorized or required by the Act, regulation or by-law;
(b) request that anything be produced to assist in the inspection, remedy, enforcement or action; and
(c) make copies of anything related to the inspection, remedy, enforcement or action.
36(2) The designated officer must display or produce on request identification showing that he or she is authorized to make the entry.
36(3) In an emergency, or in extraordinary circumstances, the designated officer need not give reasonable notice or enter at a reasonable hour and may do the things referred to in clauses (1)(a) and (c) without the consent of the owner or occupant.
Court authorized inspections and enforcement
37(1) The community may apply to the court for an order under subsection (2) if a person
(a) refuses to allow or interferes with the entry, remedy, inspection, enforcement or action referred to in section 36; or
(b) refuses to produce anything to assist in the inspection, remedy, enforcement or action referred to in section 36.
37(2) On an application under subsection (1), the court may issue any order it considers appropriate, including
(a) restraining a person from preventing or interfering with the entry, remedy, inspection, enforcement or action; or
(b) requiring the production of anything to assist in the inspection, remedy, enforcement or action.
38(1) If a designated officer of a community believes that a meter or other device that measures a utility or other service has been tampered with, the designated officer may apply to the court for an order authorizing
(a) entry of the land or structure in which the device is located; and
(b) inspection and testing of the device.
38(2) The judge may issue the order on being satisfied by evidence of the designated officer under oath that he or she has reasonable grounds to believe the meter has been tampered with.
39(1) If a designated officer finds that a person is contravening a by-law or this or any other Act that the community is authorized to enforce, the designated officer may by written order require the person responsible for the contravention to remedy it if, in the opinion of the officer, the circumstances so require.
39(2) The order may
(a) direct a person to stop doing something, or to change the way in which the person is doing it;
(b) direct a person to take any action or measure necessary to remedy the contravention of the Act or by-law, including the removal or demolition of a structure that has been erected or placed in contravention of a by-law and, if necessary, to prevent a re-occurrence of the contravention;
(c) state a time within which the person must comply with the directions; and
(d) state that if the person does not comply with the directions within a specified time, the community will take the action or measure at the expense of the person.
Order to remedy dangers and unsightly property
40(1) If, in the opinion of a designated officer, a structure, excavation or hole is dangerous to public safety or property, or because of its unsightly condition, is detrimental to the surrounding area, the designated officer may by written order
(a) in the case of a structure, require the owner
(i) to eliminate the danger to public safety in the manner specified, or
(ii) to remove or demolish the structure and level the site;
(b) in the case of land that contains the excavation or hole, require the owner
(i) to eliminate the danger to public safety in the manner specified, or
(ii) to fill in the excavation or hole and level the site; or
(c) in the case of property that is in an unsightly condition, require the owner
(i) to improve the appearance of the property in the manner specified, or
(ii) if the property is a building or other structure, to remove or demolish the structure and level the site.
40(2) The order may
(a) state a time within which the person must comply with the order; and
(b) state that if the person does not comply with the order within the specified time, the community will take the action or measure at the expense of the person.
41(1) A person who receives a written order under section 39 or 40 may, if the community is incorporated, request the council to review the order by written notice within 14 days after the date the order is received, or such longer period as a by-law specifies.
41(2) After reviewing the order, the council of an incorporated community may confirm, vary, substitute or cancel the order.
Review if community not incorporated
41(3) In a community that is not incorporated, a person who receives a written order under section 39 or 40 may request the minister review the order, as provided for under section 194 (appeals to minister).
Community remedying contraventions
42(1) A community may take whatever action or measures are necessary to remedy a contravention of a by-law or this or any other Act that the community is authorized to enforce or to prevent a re-occurrence of the contravention, if
(a) the designated officer has given a written order under section 39;
(b) the order contains a statement referred to in clause 39(2)(b);
(c) the person to whom the order is directed has not complied with the order within the time specified in the order; and
(d) the appeal period respecting the order has passed or, if an appeal has been made, the appeal has been decided, and it allows the community to take the action or measures.
42(2) If the order under section 39 directs that premises be put and maintained in a sanitary condition, the community may, under this section, close the premises and use reasonable force to remove occupants.
42(3) The costs of an action or measure taken by a community under this section are an amount owing to the community by the person who contravened the Act or by-law.
Remedying dangers and unsightly property
43(1) A community may take whatever actions or measures it considers necessary to eliminate the danger to public safety caused by a structure, excavation or hole or to deal with the unsightly condition of property if
(a) the community has given a written order under section 40;
(b) the order contains a statement referred to in clause 40(2)(b);
(c) the person to whom the order is directed has not complied with the order within the time specified in the order; and
(d) the appeal period respecting the order has passed or, if an appeal has been made, the appeal has been decided and it allows the community to take the action or measures.
43(2) If a structure is being removed or demolished by a community under this section, the community may use reasonable force to remove occupants.
43(3) The costs of an action or measure taken by a community under this section are an amount owing to the community by the person who was required to do something by the order under section 40.
43(4) If the community sells all or part of a structure that is removed under this section, the proceeds of the sale must be used to pay the expenses and costs of the removal, and any excess proceeds must be paid to the person entitled to them.
44(1) Despite sections 40, 42 and 43, in an emergency a community may take whatever actions or measures are necessary to eliminate the emergency.
44(2) This section applies whether or not the emergency involves a contravention of this or any other Act that the community is authorized or required to enforce, or a by-law.
44(3) A person who receives an oral or written order under this section requiring him or her to provide labour, services, equipment or materials must comply with the order.
Remuneration for service or materials
44(4) A person who provides labour, services, equipment or materials under this section and who did not cause the emergency is entitled to reasonable remuneration from the community.
44(5) The costs of actions or measures taken to eliminate an emergency, including the remuneration referred to in subsection (4), are an amount owing to the community by the person who caused the emergency and may be collected by the community in the same manner as a tax may be collected or enforced under this Act.
Application to court to enforce by-law
45 A community may apply to the court for an injunction or other order to enforce a by-law of the community or to restrain a contravention of it, and the court may grant or refuse the injunction or other order or make any other order that it considers fair and just.
Contravention of by-law is an offence
46(1) A person who contravenes a by-law of a community is guilty of an offence and, if the by-law imposes no other penalty, is liable on summary conviction to a fine of not more than $500. or to imprisonment for a term of not more than three months, or both.
46(2) Where a contravention continues for more than one day, the person is guilty of a separate offence for each day it continues.
46(3) A fine imposed for contravening a by-law of a community must be paid to the community.
DIVISION 2
CORPORATE POWERS
GENERAL POWERS
When community is a corporation
47(1) A community that has been incorporated under this Act is a corporation and, subject to this Act, has the rights and is subject to the liabilities of a corporation and may exercise its powers for community purposes.
47(2) Without limiting the generality of subsection (1), an incorporated community may for its purposes do the following:
(a) acquire, hold, mortgage and dispose of land, improvements and personal property, or an interest in land, improvements and personal property;
(b) construct, operate, repair, improve and maintain works and improvements;
(c) acquire, establish, maintain and operate services, facilities and utilities;
(d) use community equipment, materials and labour to carry out private works on private property.
48(1) The power of a community referred to in clause 47(2)(a) to acquire land, improvements and personal property includes
(a) acquisition by purchase, lease, gift or otherwise, on any terms or conditions acceptable to the council;
(b) acquisition for any purpose, including resale;
(c) acquisition of options on land; and
(d) acquisition of land and improvements outside the community.
48(2) The power of a community referred to in clause 47(2)(a) to mortgage land includes
(a) subject to the approval of the minister, mortgaging land as security for part of the purchase price or for any other purpose; and
(b) accepting and registering a mortgage on land sold by it as security for the whole or part of the purchase price.
Powers respecting works, services, utilities
49(1) A community exercising powers in the nature of those referred to in clauses 47(2)(b), (c) and (d) may set terms and conditions in respect of users, including
(a) setting the rates or amounts of deposits, fees and other charges, and charging and collecting them;
(b) providing for a right of entry onto private property to determine compliance with other terms and conditions, to determine the amount of deposits, fees or other charges, or to disconnect a service; and
(c) discontinuing or disconnecting a service and refusing to provide the service to users who fail to comply with the terms and conditions.
49(2) A charge referred to in clause (1)(a) may be collected by the community in the same manner as a tax may be collected or enforced under this Act.
Rates for services and commodities
49(3) Despite The Public Utilities Board Act, a community may, as provided in this Act, establish prices, rates, fees, deposits or other charges for any commodity or service that the community supplies and, for that purpose, the community need not obtain any approval from The Public Utilities Board, the intention being that the amounts established by the community may be different than the amount necessary for the purposes of offsetting any costs related to supplying the commodity or service.
General authority re agreements
50(1) An incorporated community 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 local authority or another community, or with any person
(a) to obtain property or services required for the operations of the community;
(b) to provide property or services in the community or outside the community; or
(c) to do any of those things jointly with the other parties to the agreements.
50(2) The power of a community to enter into agreements includes the power to enter into agreements pertaining to land, improvements, personal property, works, services, facilities, utilities or private works within or outside the boundaries of the community.
Power to enter agreements and use funds
50(3) No community has the power to enter into an agreement or to use its funds in a manner that is contrary to this or any other Act or a by-law of the community.
Expropriation for community purpose
51(1) Subject to the approval of the minister, a community may, by expropriation in accordance with The Expropriation Act, acquire land and improvements that the council considers necessary or advisablefor a community purpose.
51(2) A council may, for the purpose of determining whether to expropriate, authorize an employee or other person to enter upon land to conduct surveys, appraisals and tests, and a person so authorized may enter upon the land for that purpose.
Land acquired in a municipality
52 Where a community acquires land in a municipality, the land remains in all respects subject to the jurisdiction of the municipality in which the land is situated unless the community and the municipality otherwise agree.
Community may not assert lack of authority
53 A community may not assert any of the following in respect of its dealings with a person, unless the person has or ought to have knowledge to the contrary:
(a) that the community did not follow its own procedures;
(b) that a person held out by the community as having the authority to carry out certain powers or duties was not authorized to carry them out;
(c) that a document that is issued by an employee who has the authority to issue it is not valid or genuine.
ECONOMIC DEVELOPMENT AND TAX SHARING AGREEMENTS
54(1) In this section,"economic development" means the establishment, expansion or continuation of a business or industry.
Encouraging economic development
54(2) A council may encourage economic development in any manner it considers appropriate and, for that purpose, may enter into an agreement with a person, with an agency of the Government of Manitoba or the Government of Canada, or with another community, including a community in another province.
54(3) A council may adopt a strategic plan for economic development in the community.
54(4) A council may make a grant for the purpose of economic development in the community, but the grant must not be used directly or indirectly to reduce the amount of community or school taxes payable to the community or to reimburse a person for community or school taxes that are paid or payable to the community.
55 A community may enter into an agreement with another community or a municipality to share taxes or grants in lieu of taxes paid or payable to them or any of them.
GRANTS
56(1) A council may make a grant to or otherwise assist
(a) a charitable or non-profit organization, association or corporation;
(b) another community; or
(c) a municipality or local authority;
if in its opinion the purpose for which the grant is made is in the interest or to advantage of the community or its residents.
Benefit may be to only part of community
56(2) A council may make a grant under this section even though only a part of the community or only some of the residents may benefit from the grant.
Recipient may be outside community
56(3) A council may make a grant under this section even though the recipient, or any of its facilities, programs or activities, is primarily or solely located or carried on outside the community, if the residents of the community, or some of them, will or could benefit from the grant.
Grant to community or regional development corporation
56(4) A community may enter into an agreement with a community or regional development corporation for the making of a grant to the community or regional development corporation, but such an agreement must not provide for
(a) a grant to be made after the council's term of office expires; or
(b) any renewal or continuation of the agreement by reason of the failure of a party to give notice.
56(5) A grant under subsection (4) must not be used directly or indirectly to reduce the amount of community or school taxes payable to a community or to reimburse a person for community or school taxes paid or payable to a community.
56(6) The following definitions apply in this section.
"community development corporation" means a corporation incorporated under Part XXI (Community Development Corporations) of The Corporations Act. (« corporation de développement local »)
"regional development corporation" means a corporation incorporated under Part XXII (Corporations Without Share Capital) of The Corporations Act. (« corporation de développement régional »)
COMMUNITIES NOT INCORPORATED
Communities not incorporated may only exercise delegated powers
57 Except as delegated to it by the minister under section 175, a community that is not incorporated may not exercise any of the powers or functions in this Division.
Authorization required to dispose of property
58(1) In exercising a power, duty or function under this Division that has been delegated to it, a community
(a) that uses any funds it receives under this Act to acquire property, or an interest in property, holds that property, or interest in, it in trust for the minister; and
(b) must not dispose of any property that it holds in trust for the minister, or any interest or right in it, by way of sale, lease or other disposition, unless it first obtains the written authorization of the minister.
Authorization may contain directions re proceeds
58(2) When authorizing a disposition, the minister may provide directions regarding the proceeds, and a community must comply with the directions.
Terms, conditions and procedures
58(3) In authorizing a community to dispose of property, the minister may establish different procedures, depending on the type and value of the property that is to be disposed of, that a community must follow when disposing of property.
DIVISION 3
DUTIES OF COMMUNITIES
FIRE PROTECTION
59(1) Every community must
(a) establish a program in the community which must include public education with respect to fire safety and fire prevention; and
(b) provide such other fire protection services as it determines may be necessary in accordance with its needs and circumstances.
59(2) In discharging its responsibilities under subsection (1), a community
(a) must appoint a community fire safety officer; and
(b) may establish fire protection services, which may include inspections of property, the installation of alarms, instructions on fighting fires, the provision of fire fighting equipment and a fire protection force.
60 Fire protection services may be provided by a fire protection force comprised wholly or partly of volunteers.
61 For the purpose of providing fire protection services, a community may enter into an agreement with a person or, subject to the prior approval of the minister, a municipality, another community or an agency or department of the Government of Manitoba or the Government of Canada.
62(1) A community or a party to an agreement under section 61 may fix a fee or other charge, or a method for determining a charge, for responses by its fire protection force to false alarms caused by automatic fire detection systems.
62(2) A fee or charge under subsection (1) is a debt due the community and may be collected by the community in the same manner as a tax may be collected or enforced under this Act.
Services of fire protection force
63 A fire protection force may, with the approval of the council, provide other services, including the prevention and relief of illness and injury and the preservation of life and property.
Powers of fire protection force
64 A fire protection force may take such action as it considers reasonably necessary, including using any real or personal property, entering a building or upon land and demolishing or removing a building, tree, structure or crop to provide fire protection services and, subject to the council's approval under section 63, to prevent injury and to preserve life and property.
COMMUNITY ROADS
Title to land — community roads
65(1) Despite this or any other Act or any title issued to a community, the title to land on which a community road is situated, or on which was situated a community road that has been closed under section 69, is vested in the Government of Manitoba.
65(2) Subsection (1) does not affect the rights of
(a) a person who conveys title to land to be used as a community road or part of a community road, but reserves the ownership of mines and minerals in the land or an easement or right in the nature of an easement;
(b) The Manitoba Hydro-Electric Board or any other Crown agency under The Manitoba Hydro Act or any other Act; or
(c) a person claiming under a person referred to in clause (a) or an agency referred to in clause (b).
66 Subject to this and any other Act, a community has the direction, control and management of community roads within its boundaries.
Powers respecting community roads
67 A community may
(a) subject to section 68, open a community road;
(b) subject to section 69, close a community road;
(c) subject to section 70, authorize
(i) the lease of land on which was located a community road that has been closed,
(ii) the sale of land on which was situated a community road that has been closed, and
(iii) the sale of land shown as a road allowance in the Dominion Government Survey;
(d) subject to section 71, remove and sell sand and gravel found on or under a community road;
(e) construct, improve, alter or divert a community road;
(f) use private land as a temporary community road, subject to the payment of compensation for the use of the land and any damage caused by the use; and
(g) subject to The Water Rights Act and the prior approval of the minister, acquire, enter upon or use land in or adjacent to the community for the purpose of providing drainage for a community road or an outlet for the drainage, subject to the payment of compensation for the use of the land and any damage caused by the use.
68 A community may open land for public use as a community road by
(a) passing a by-law opening the road; and
(b) registering the by-law and a plan at the appropriate land titles office.
69(1) Subject to subsection (2), a community may close a community road by
(a) passing a by-law closing the road;
(b) obtaining written approval of the by-law from the minister; and
(c) registering the approved by-law and a plan at the appropriate land titles office.
69(2) A community proposing to close a community road must give public notice and hold a public meeting in respect of the proposed closure and must serve notice of the proposal and meeting on the member of the Executive Council charged with the administration of The Highways and Transportation Act.
Sale or lease of land re community roads
70(1) With the agreement of the council of a community, the member of the Executive Council charged with the administration of The Crown Lands Act may do the following:
(a) lease land on which was located a community road that has been closed;
(b) sell land on which was situated a community road that has been or is to be closed under section 69;
(c) sell land shown as a road allowance in the Dominion Government Survey.
70(2) Where land on which was situated a community road that has been closed under section 69 is sold, a transfer of the land to a person vests in the person the fee simple, but the title to the mines and minerals remains vested in the Government of Manitoba unless their sale is expressly approved in writing by the member of the Executive Council charged with the administration of The Crown Lands Act.
71 A community may, subject to The Mines and Minerals Act, remove sand and gravel found on or under a community road and
(a) use it for the construction, maintenance or repair of a community road; or
(b) with the written consent of the Minister of Conservation, sell it.
Maintenance of community roads and certain land after approval
72 A community must maintain
(a) community roads within its boundaries; and
(b) land within its boundaries that is shown on a plan of subdivision registered by an applicant at a land titles office under The Planning Act as dedicated for public use as a community road, upon compliance by the applicant with any condition that is related to the road and required for approval of the plan.
Standard of construction and maintenance
73 A community is required to construct or maintain a community road only to a standard that is appropriate for the use to which the community expects the road to be put.
Application: community that is not incorporated
74 A community that is not incorporated may not remove and sell sand and gravel found on or under a community road, as provided for in clause 67(d), without the prior written approval of the minister.
DRAINS
75(1) In this section, "drain" means a culvert, drain, drainage ditch, dyke or floodway, constructed or maintained by a community, but does not include a provincial waterway as defined by The Water Resources Administration Act.
75(2) Subject to the rights vested in any other party under The Water Resources Administration Act or The Water Rights Act, a community has jurisdiction over every drain within its boundaries.
75(3) A community must maintain every drain within its boundaries to a standard that is appropriate for the use to which the community expects the drain to be put.
Community's power to clear drains
75(4) A community may require a person who without written authority from the community obstructs a drain to remove the obstruction, and if the person fails to do so, the community may remove the obstruction and recover any expense it incurs from the person who caused the obstruction
(a) by levying and collecting the amount of the expense as a tax; or
(b) by any other means.
ROADS, BRIDGES AND DRAINS CROSSING COMMUNITY BOUNDARIES
Joint responsibility to maintain
76(1) Where a community road, bridge or drain crosses or runs along the boundaries of a community and another community or municipality, the community and the neighbouring community or municipality are jointly responsible for maintaining the road, bridge or drain.
Standard of construction and maintenance
76(2) Communities are required to construct or maintain a road, bridge or drain referred to in subsection (1) only to a standard that is appropriate for the use to which the community and the other community or municipality agree they expect the road, bridge or drain is to be put.
Agreement to construct or maintain
76(3) A community may request another community or a municipality to enter into an agreement to construct or maintain or to share the costs of constructing or maintaining a road, bridge or drain that crosses or runs along their boundaries or is located within either of their boundaries.
Joint jurisdiction over roads and bridges
76(4) Communities or communities and municipalities that have joint responsibility for a road, bridge or drain under subsection (1) have joint jurisdiction over it but must enter into an agreement respecting which of their respective by-laws are to apply to the road or bridge, and who is to enforce the by-laws.
76(5) A community that is not able to agree with a municipality on a matter relating to a road, bridge or drain may refer the matter to The Municipal Board for determination, including
(a) whether a road, bridge or drain is needed;
(b) a standard of construction or maintenance;
(c) the share of construction or maintenance costs to be borne by each;
(d) whose by-laws are to be enforced and by whom; and
(e) the share of the costs of enforcing a by-law to be borne by each.
76(6) A community that is not able to agree with another community on any matter described in subsection (5) may refer the matter to the minister for determination.
PART 4
ELECTIONS RE COMMUNITY COUNCILS
77 The election of members of a council is to be in accordance with this Part and the regulations.
78(1) A member of council elected at a regular election holds office for a term of four years.
78(2) The term of office of a member of a council elected at a regular election starts 14 days after the day of the election and ends 14 days after the next regular election held to fill the position.
78(3) An individual elected to fill a vacancy on council holds office from the day the senior election officer declares the results of the by-election and ends 14 days after the next regular election held to fill the position.
79(1) Regular elections must be held on the fourth Wednesday of October in the year prescribed by the minister.
79(2) A regulation under this Part may provide staggered terms for members of a council.
80(1) The mayor of a community is to be elected by a vote of the voters of the whole community unless the regulation establishing the community provides that the mayor is to be appointed from among the councillors.
80(2) A mayor appointed from among the councillors holds office as mayor for a term of one year, but is eligible for reappointment.
Wards or community vote may be prescribed
81 A regulation under this Part may provide for the election of councillors by a vote of the voters of the whole community or on the basis of wards. If wards are prescribed, a different number of members may be prescribed for different wards.
82(1) A person is qualified to vote in an election of members of the council of a community if on the day of the election he or she is
(a) a Canadian citizen who is 18 years of age or older; and
(b) a resident of the community, and has been so for at least six months before election day.
82(2) Under this Act, the following rules apply in determining the residency of a person:
1.
A person is a resident of the place where he or she has his or her ordinary residence, and to which he or she intends to return when away from it.
2.
A person may be a resident of only one place at a time.
3.
A person does not change residence until he or she has a new residence.
82(3) A person who does not have an ordinary residence is deemed to reside at the shelter, hostel or similar institution that most frequently provides lodging, food or other social services to the person.
Oath conclusive in absence of other evidence
82(4) A person's oath regarding the place that most frequently provides lodging, food or other social services to the person is conclusive, in the absence of evidence to the contrary.
82(5) When a community is formed or the boundaries of a community are extended, a person is deemed to have satisfied the residency requirement in clause (1)(b) if, for at least the six months before election day, the person has been a resident within the area that becomes included in the community.
Qualification of members of council
83 A person is qualified to be nominated for and elected as a member of council if the person is
(a) a Canadian citizen;
(b) at least 18 years of age on the day of the election;
(c) a voter of the community;
(d) in a community with wards, a resident in the ward in which the person is or may be nominated; and
(e) not subject to any disqualification under this or any other Act.
84 The following persons are disqualified from being nominated for, being elected to, and from membership on, a council:
(a) a judge of the Court of Queen's Bench or The Court of Appeal;
(b) a provincial judge or justice of the peace;
(c) a member of the Legislative Assembly of Manitoba, the Senate or House of Commons of Canada, or of a band council;
(d) subject to section 85, an employee of the community or an affiliated body of the community.
85(1) In this section, "employee" means a person employed by a community or by an affiliated body, but does not include a person who volunteers services to the community, whether or not the person receives reasonable compensation or expense money from the community for his or her voluntary service.
Rights of employees in elections
85(2) Section 92 of The Municipal Act applies, with necessary changes, to an employee.
When member becomes disqualified
86(1) A member of a council is disqualified from council if he or she
(a) when nominated or elected, was not eligible as a candidate under this Act;
(b) is liable to the community under a judgment in an action under section 227 (unauthorized expenditures);
(c) is convicted of an offence under this or any other Act and has not paid a fine imposed on conviction within 120 days after the fine was imposed or such time as the court has permitted for payment;
(d) is convicted of
(i) an offence punishable by imprisonment for five or more years, or
(ii) an offence under section 122 (breach of trust by public officer), 123 (municipal corruption), 124 (selling or purchasing office) or 125 (influencing or negotiating appointments or dealings in office) of the Criminal Code (Canada);
(e) receives from the community or an affiliated body of a community, a fee, salary, wage or any other payment for labour or services
(i) in an amount that is greater than the amount prescribed by the minister, or
(ii) in a manner other than a manner prescribed by the minister;
(f) ceases to be qualified as a voter; or
(g) in the case of members elected on the basis of wards, ceases to be a resident of the ward that the person is elected to represent.
86(2) A member of a council who is absent for the full duration of three consecutive regular council meetings is deemed to have resigned unless the absences are with the leave of the council, granted by a resolution passed at any of the three meetings, a prior meeting or the next meeting following the third absence.
86(3) A member of a council who is disqualified under this section is eligible to be elected at the next regular election in the community if the person is then otherwise eligible for nomination under section 83.
Eligibility after disqualification under conflict provisions
86(4) A member of a council who is disqualified under section 105 (conflict provisions) is eligible to be elected at the next regular election in the community if the person is then otherwise eligible for nomination under section 83.
Disqualified person must resign
87(1) A member of a council who is disqualified under this Act must resign immediately.
87(2) If the member of a council does not resign immediately upon disqualification, the court may, on an application, declare the member to be disqualified and his or her position on the council to be vacant.
87(3) An application for a declaration that alleges that the member is disqualified must be made in accordance with the regulations.
88(1) A person may not at any one time
(a) hold more than one office on a council; or
(b) be nominated for more than one office on a council.
Current member must resign to run in by-election
88(2) A person who holds office on a council may not be nominated in a by-election for an office on the same council.
Vacancy in councillor position after regular election
89(1) If a councillor position is not filled at a regular election, the remaining members and the members who are elected may fill the vacancy by appointing as councillor a person who was eligible to be nominated for the position at the election, and any person so appointed is deemed to have been elected at a by-election.
Vacancy in office of mayor after regular election
89(2) If the office of mayor is not filled at a regular election, the councillors who are elected may appoint one of their number as mayor, in which case the appointed councillor is deemed to have been elected as the mayor at the election and a by-election must be held to fill the councillor position.
89(3) If no person is elected at a by-election held to fill a vacancy on a council, subsections (1) and (2) apply with necessary changes.
Section does not apply in case of a tie or death
89(4) This section does not apply
(a) if two or more candidates in an election cannot be declared elected because the same number of votes were cast for each; or
(b) if a position on a council is not filled at an election because a candidate has died.
Appointment of administrator if no council or quorum
90 Despite section 89, if the number of members of a council is fewer than is required for a quorum or if a council resigns, the minister may appoint an administrator for the community, in which case section 197, except subsection 197(1), applies with necessary changes.
91(1) The resignation of a member must be in writing and given to the community administrative officer.
91(2) A resignation is effective and a vacancy on the council occurs at the time the resignation is given to the community administrative officer despite any other date set out in the resignation, and the resignation may not thereafter be revoked.
C.A.O. to report resignation to council
91(3) The community administrative officer must report a resignation at the first meeting of the council after the resignation is received.
By-election to fill vacancy on council
92(1) Subject to section 89 (vacancy after regular election), a council must hold a by-election to fill a vacancy on the council as soon as is reasonably practicable unless
(a) the vacancy occurs in the six months preceding the day on which the term of office for the vacant position expires; or
(b) the vacancy occurs in the 12 months preceding the day on which the term of office for the vacant position expires and the remaining members
(i) are a majority of the number of members comprising the council, and
(ii) decide not to hold a by-election.
Appointment of mayor by councillors
92(2) If the position of mayor becomes vacant and a by-election is not required under subsection (1), the council may appoint one of their number as the mayor.
By-election to be held on request of council
92(3) The community's senior election official must hold a by-election when requested to do so by a council. Election day for the election must be as soon as reasonably practicable, but in fixing the day the senior election official must consider
(a) voter participation; and
(b) availability of persons to serve as election officials, and facilities to be used as voting places.
Appointed, elected person to file oath of office
92(4) Section 104 (oath of office) applies, with necessary changes, to a person appointed by a council or elected at a by-election.
93 In a regulation that designates a community, the minister must make all necessary provisions for the election of the first council of the community, including, without limitation,
(a) providing for the appointment of one or more election officials for the community;
(b) establishing if the mayor is to be elected by a vote of the voters of the whole community or if the council is to appoint the mayor from among the councillors;
(c) establishing the number of councillors to be elected, and if they are to be elected by a vote of the voters of the whole community or by wards;
(d) specifying the date by which the first voters list must be completed;
(e) specifying the date and time when, and the place where, nominations of candidates for members of the first council must be filed;
(f) specifying the date and time when elections must be held for the members of the first council;
(g) specifying the date, time and place for the first meeting of the council;
(h) designating a person to act as community administrative officer until its council appoints a community administrative officer; and
(i) making any other provision that, in the opinion of the minister, is necessary or advisable for the establishment of the community and the election and operation of its first council.
Appointment of prescribed election officials
94(1) The council of a community must by by-law appoint, and fix and provide for the remuneration of prescribed election officials.
94(2) The minister may prescribe qualifications of person to be appointed as election officials.
Appointment of principal electoral officer
95(1) The minister may appoint a principal electoral officer for northern Manitoba.
95(2) The principal electoral officer may delegate any of his or her powers and duties to another person, subject to any restrictions or conditions specified in the delegation.
P.E.O. retains powers and duties
95(3) The principal electoral officer may continue to exercise the delegated powers and duties despite the delegation.
96(1) The principal electoral officer is to
(a) exercise general direction and supervision over the administrative conduct of elections in northern Manitoba communities;
(b) enforce fairness, impartiality and compliance with this Act and the regulations on the part of all election officials;
(c) issue to election officials the instructions he or she believes are necessary to ensure the effective conduct of elections in northern Manitoba; and
(d) perform such other duties as are prescribed by this or any other enactment.
Public education and information
96(2) The principal electoral officer may at any time, using any means that the principal electoral officer considers appropriate, provide residents of northern Manitoba with information about the electoral process, the democratic right to vote and the right to be a candidate at a election in a community.
96(3) The principal electoral officer may determine the form of notices and other documents under this Act and the regulations and the method of publishing them when they are required to be published.
96(4) The principal electoral officer may
(a) extend the time for doing anything under this Act or the regulations, other than extending the time for opening or closing an ordinary or advance poll;
(b) approve forms for the purposes of elections and may provide that the forms are to be used in particular cases or classes of cases or for prescribed purposes;
(c) modify a provision of this Act or the regulations to permit its use at a by-election; and
(d) generally adapt the provisions of this Act and the regulations to existing circumstances.
Direct appointment of election officials
96(5) The principal electoral officer may rescind an election official's appointment by a community and direct that the community appoint a replacement if he or she is satisfied that the official
(a) is unable, for any reason, to perform his or her duties;
(b) has failed to perform his or her duties satisfactorily;
(c) has not followed an instruction of the principal electoral officer; or
(d) after being appointed, has engaged in partisan political activities, whether or not this was done in the course of performing duties under this Act or the regulations.
96(6) The council of a community must comply with a direction to appoint a replacement election official as soon as practicable.
96(7) If, in the opinion of the principal electoral officer, there is insufficient time before an election for a council to appoint a replacement, the principal electoral officer may make the appointment.
96(8) An election official whose appointment is rescinded must deliver any election material in his or her possession to any person the principal electoral officer directs.
97(1) If for any reason it is impossible to close nominations or hold an election in a community on the day prescribed for a regular election or fixed for a by-election, the principal electoral officer may, by written order made to the community's senior election official, specify a new closing day for nominations, or a new election day, or both.
97(2) If a member holds a position that is to be filled at a regular election that is postponed under subsection (1), the member's term is extended until 14 days after the new election day.
97(3) An order made under this section is binding on the council of the community, its election officials and candidates.
97(4) An order may be made under this section at any time before voting begins on election day. For the purposes of this section, "election day" means the day fixed for voting in the election, other than a day fixed for advance voting.
98 No action or proceeding may be brought against the principal electoral officer for anything done or not done, or for any neglect,
(a) in the performance or intended performance of a duty under this Act or the regulations; or
(b) in the exercise or intended exercise of a power under this Act or the regulations;
unless the principal electoral officer was acting in bad faith.
PART 5
GOVERNANCE
DIVISION 1
SETTLEMENTS — CONTACT PERSONS
99(1) The minister may appoint a contact person for a settlement.
99(2) A contact person is responsible for
(a) advising the minister on behalf of the settlement;
(b) arranging for settlement meetings when requested to do so by the minister; and
(c) carrying out the administrative duties that the minister requests.
DIVISION 2
COMMUNITIES — COUNCILS
100 As provided for in this Act, the council of a community is its governing body.
101(1) A council is a continuing body.
101(2) A council is composed of
(a) a mayor and not fewer than two and not more than six councillors; or
(b) if the mayor is appointed from among the councillors, not fewer than three and not more than seven councillors.
Establishing the number of councillors
101(3) The number of councillors to be elected for a community is the number prescribed by the minister.
102 The council of a community is responsible for
(a) advising the minister on behalf of the community; and
(b) carrying out the powers, duties and functions expressly given or assigned to the council under this or any other enactment, or by the minister.
103 The mayor has a duty
(a) to preside when in attendance at a council meeting, except where the procedures by-law or this or any other enactment otherwise provides;
(b) to provide leadership and direction to the council; and
(c) to perform any other duty or function assigned to a mayor by the council or by this or any other enactment.
OATH
104(1) A person elected as a member of a council must make and file with the community administrative officer an oath of office in the form approved by the minister, and the person may not carry out a power, duty or function as a member of the council until the oath of office is filed.
104(2) If an elected person does not, within 30 days after being elected, comply with subsection (1), the position to which the person was elected is deemed to be vacant and the person is disqualified from being nominated for, being elected to and from membership on the council until the next regular election.
CONFLICT PROVISIONS
Municipal Councils Conflict of Interest Act applies
105 The Municipal Council Conflict of Interest Act applies to members of council, subject to the changes prescribed by the minister and other changes necessary in order for that Act to operate in northern Manitoba.
DELEGATION BY COUNCIL
Matters that a council may delegate
106(1) A council may by by-law delegate any of its powers, duties or functions under a by-law or this or any other Act to the mayor, a council committee, the community administrative officer or a designated officer, unless the by-law or Act otherwise provides.
Matters that a council may not delegate
106(2) A council may not delegate
(a) its power or duty to pass a resolution or by-law;
(b) its power to make, suspend or revoke the appointment of a person to the position of community administrative officer; or
(c) its duty to hold a public meeting or public hearing under this or any other Act.
BY-LAWS AND RESOLUTIONS
107(1) A council may act only by by-law or resolution.
107(2) A council that is expressly required or authorized under a by-law or this or any other Act to do something by by-law may do it only by by-law.
107(3) If a council is required or authorized under this or any other Act or under a by-law to do something without specifying that it be done by by-law, the council may do it by resolution.
Where by-law used instead of resolution
107(4) Anything a council does by by-law that may be done by resolution is not invalid because the council does it by by-law.
108 A resolution of a council is not valid unless it is passed at a council meeting.
Proposed by-law to be given three readings
109(1) Every proposed by-law must be given three separate readings at meetings of the council, and each reading must be put to a vote.
Limit of two readings at one meeting
109(2) Not more than two readings of any by-law may be given at any one council meeting.
Text to be available before first reading
109(3) Each member present at the meeting at which first reading is to take place must be given or have had the opportunity to review the full text of the proposed by-law before the by-law receives first reading.
Text to be available before third reading
109(4) Each member present at the meeting at which third reading is to take place must, before the proposed by-law receives third reading, be given, or have had, the opportunity to review the full text of the proposed by-law and any amendment passed after first reading.
109(5) Only the title or an identifying number must be read at each reading of a proposed by-law.
Rescission of previous by-law readings
110 The previous readings of a proposed by-law are rescinded if the proposed by-law
(a) does not receive third reading within two years after first reading; or
(b) is defeated on second or third reading.
111 A by-law is passed when it receives third reading and is signed by
(a) the mayor or another person authorized by the council; and
(b) the community administrative officer.
112(1) Subject to subsections (2) and (3) and the provisions of this or any other Act,
(a) a by-law of an incorporated community comes into force on the day after the day it is passed, unless a later date is specified in the by-law; and
(b) a by-law of a community that is not incorporated comes into force as provided for in section 176.
112(2) If this or any other Act requires a by-law of a community to be approved, the by-law does not come into force until the approval is given.
No retroactivity without specific authority
112(3) No by-law may come into force on a day before it is passed unless the Act that authorizes it provides that the by-law may come into force on a day before it is passed.
Coming into force — resolutions
113 A resolution of an incorporated community comes into force on the day it is passed unless a later date is specified in the resolution. A resolution of a community that is not incorporated comes into force as provided for in section 177.
COUNCIL COMMITTEES
Composition of council committees
114 A council committee may be composed
(a) entirely of members of the council;
(b) of a combination of members and other persons; or
(c) entirely of persons who are not members of the council.
When committee resolution binds council
115 A resolution of a council committee is not binding upon the council unless it is passed by the council as a resolution of the council.
Application of council provisions to committees
116 The following provisions apply to council committees, with necessary changes:
(a) section 120 (minutes);
(b) section 121 (quorum);
(c) section 122 (voting).
MEETINGS OF COUNCIL
Council to designate community office
117 A council must designate a place as its community office.
First meeting after regular election
118 The first meeting of a council after a regular election must be held within 30 days after the day of the election.
Effect of meeting not taking place
119 A council is not dissolved by reason of any meeting of council not taking place.
120 Council and all committees of council must cause minutes of their meetings to be kept.
121(1) A quorum is required for and during each council meeting.
121(2) Subject to subsection (3), the quorum of a council is
(a) a majority of the number of members comprising the council; or
(b) if a position is vacant, a majority of the remaining members of the council.
121(3) Subject to section 105 (conflict provisions), the minimum number for a quorum of a council is two.
121(4) For the purpose of a quorum, a member is not counted if the member is required to abstain from voting under section 105 (conflict provisions).
122(1) When a question or motion is put to a vote at a meeting of council, every member of council present must vote on the question or motion unless the member
(a) is excused from voting by a majority of the other members present;
(b) is prohibited from voting by a provision of this Act or a regulation; or
(c) has, under the general law, a conflict of interest in respect of the question or motion.
122(2) Subject to section 129, every vote at a meeting of council or a committee of council must be taken by open voting, and, if requested by a member, the vote of each member present must be recorded in the minutes of the meeting.
123(1) All acts authorized or required by this Act to be done by council, and all questions and motions that are raised in a meeting of council, must, except where otherwise provided by this Act, be decided by a majority of the members of council who are present at the meeting.
123(2) At a meeting of council, a question or motion on which there is a tie vote is deemed to be defeated.
ORGANIZATION AND PROCEDURE
124(1) A council may appoint a councillor as deputy mayor.
When deputy mayor may act as mayor
124(2) A deputy mayor is to act as the mayor if
(a) the mayor is unable to perform the powers, duties and functions of the mayor; or
(b) the office of mayor is vacant.
125(1) A council may establish the organizational structure for the community, and may
(a) establish one or more council committees and other bodies of the council and define their duties and functions; and
(b) establish the manner of appointment of persons to council committees and other bodies.
Application — incorporated communities
125(2) Under this section, the council of an incorporated community must act by by-law, and it must review its by-law at least once during its term of office.
Term of appointments — committees and bodies