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S.M. 2006, c. 34: Table of Contents

S.M. 2006, c. 34

Bill 33, 5th Session, 38th Legislature

The Northern Affairs Act

PART 1
INTRODUCTORY PROVISIONS
DEFINITIONS
1 Definitions
2 Indian Reserves excluded
PURPOSES
3 Purposes of a settlement
4 Purposes of a community
PART 2
SETTLEMENTS AND COMMUNITIES
5 Definition: "board"
6 Designation of a settlement
7(1) Designation of a community
(2) Boundaries need not be contiguous
8 Corporate status
9(1) Principles, standards and criteria
(2) Regulations Act does not apply
10(1) Changing boundaries or withdrawing designation
(2) Effect of withdrawing designation
11(1) Change to be initiated by a proposal
(2) Initiating a settlement or community
(3) Initiating changes — settlement
(4) Initiating changes — community
12(1) Public consultations required
(2) Corrections of boundaries
13 Board to conduct public consultations
14 Reference to maps
NORTHERN MANITOBA COMMUNITY CONSULTATION BOARD
15 Board established
16(1) Appointment of board members
(2) Term of appointment
(3) After term expires
(4) Vacancies
(5) Remuneration and expenses
(6) Staff
17(1) Board may add residents as members
(2) Powers of board appointees
PUBLIC CONSULTATIONS
18(1) Referral to include description of proposal
(2) Copies of proposal to be provided
(3) Notice of proposal must be posted
(4) Content of notice
(5) Proposal must be made available on request
19(1) Board to give notice and hold meeting
(2) Notice of public meeting
(3) Location of public meeting
20 Public meeting re proposal
21(1) Board to submit report to minister
(2) Content of report
CHANGE IN DESIGNATION OF COMMUNITY
22(1) Effect of change of designation of community
(2) Extent of regulation-making under subsection (1)
(3) Receiver may be appointed if community dissolved
23(1) Continuation of council
(2) New community or material change in boundaries
24(1) Retroactivity and coming into force
(2) Limit on retroactivity
(3) Correction of errors in regulations
PART 3
COMMUNITY POWERS AND DUTIES
DIVISION 1
BY-LAW MAKING POWERS
GENERAL
25 Communities not incorporated require delegation
26 Geographic application of by-laws
27 By-law inconsistent with other legislation
28 Guide to interpreting power to pass by-laws
29(1) Spheres of jurisdiction
(2) Exercising by-law-making powers
30 Content of by-laws under clause 29(1)(c)
31 Content of by-laws under clause 29(1)(f)
32 Charge re local transportation system under clause 29(1)(m)
33(1) Content of by-laws under clause 29(1)(o)
(2) Application of clause 29(1)(o)
34 No licence required for sale of own produce
35 Fee in addition to business or other tax
ENFORCEMENT OF BY-LAWS
36(1) Community inspections and enforcement
(2) Identification
(3) Emergencies
37(1) Court authorized inspections and enforcement
(2) Court order
38(1) Inspection of meters
(2) Court order
39(1) Order to remedy contravention
(2) Content of order
40(1) Order to remedy dangers and unsightly property
(2) Further content of order
41(1) Review
(2) Powers of council
(3) Review if community not incorporated
42(1) Community remedying contraventions
(2) Closure of premises
(3) Costs
43(1) Remedying dangers and unsightly property
(2) Removal of occupants
(3) Costs
(4) Proceeds of sale
44(1) Emergencies
(2) Application
(3) Compliance with order
(4) Remuneration for service or materials
(5) Costs
45 Application to court to enforce by-law
46(1) Contravention of by-law is an offence
(2) Continuing offence
(3) Disposition of fines
DIVISION 2
CORPORATE POWERS
GENERAL POWERS
47(1) When community is a corporation
(2) General powers
48(1) Power to acquire property
(2) Exercising power to mortgage
49(1) Powers respecting works, services, utilities
(2) Collection of fees
(3) Rates for services and commodities
50(1) General authority re agreements
(2) Scope of agreements
(3) Power to enter agreements and use funds
51(1) Expropriation for community purpose
(2) Authority to enter upon land
52 Land acquired in a municipality
53 Community may not assert lack of authority
ECONOMIC DEVELOPMENT AND TAX SHARING AGREEMENTS
54(1) Definition
(2) Encouraging economic development
(3) Strategic plan
(4) Condition of grant
55 Tax sharing agreements
GRANTS
56(1) Power to make grants
(2) Benefit may be to only part of community
(3) Recipient may be outside community
(4) Grant to community or regional development corporation
(5) Condition of grant
(6) Definitions
COMMUNITIES NOT INCORPORATED
57 Communities not incorporated may only exercise delegated powers
58(1) Authorization required to dispose of property
(2) Authorization may contain directions re proceeds
(3) Terms, conditions and procedures
DIVISION 3
DUTIES OF COMMUNITIES
FIRE PROTECTION
59(1) Fire protection
(2) Method of providing services
60 Fire protection force
61 Agreement
62(1) Fees for false alarms
(2) Collection of fees
63 Services of fire protection force
64 Powers of fire protection force
COMMUNITY ROADS
65(1) Title to land — community roads
(2) Certain rights preserved
66 Control of community roads
67 Powers respecting community roads
68 Opening a community road
69(1) Closing a community road
(2) Notice of proposed closing
70(1) Sale or lease of land re community roads
(2) Mines and minerals
71 Sand and gravel
72 Maintenance of community roads and certain land after approval
73 Standard of construction and maintenance
74 Application: community that is not incorporated
DRAINS
75(1) Definition
(2) Jurisdiction over drains
(3) Duties re drains
(4) Community's power to clear drains
ROADS, BRIDGES AND DRAINS CROSSING COMMUNITY BOUNDARIES
76(1) Joint responsibility to maintain
(2) Standard of construction and maintenance
(3) Agreement to construct or maintain
(4) Joint jurisdiction over roads and bridges
(5) Reference to Municipal Board
(6) Reference to the minister
PART 4
ELECTIONS RE COMMUNITY COUNCILS
77 Conduct of elections
78(1) Four-year term
(2) Term — regular election
(3) Term — by-election
79(1) Timing of regular elections
(2) Staggered terms
80(1) Election of mayor
(2) Mayor's term if appointed
81 Wards or community vote may be prescribed
82(1) Qualifications of voters
(2) Residency
(3) Persons with no fixed address
(4) Oath conclusive in absence of other evidence
(5) New or expanded community
83 Qualification of members of council
84 Persons who are disqualified
85(1) Definition
(2)
86(1) When member becomes disqualified
(2) Deemed resignation
(3) Eligibility at next election
(4) Eligibility after disqualification under conflict provisions
87(1) Disqualified person must resign
(2) Application to court
(3) How application made
88(1) Only one office at a time
(2) Current member must resign to run in by-election
89(1) Vacancy in councillor position after regular election
(2) Vacancy in office of mayor after regular election
(3) Vacancy after by-election
(4) Section does not apply in case of a tie or death
90 Appointment of administrator if no council or quorum
91(1) Resignation of member
(2) Effective day of resignation
(3) C.A.O. to report resignation to council
92(1) By-election to fill vacancy on council
(2) Appointment of mayor by councillors
(3) By-election to be held on request of council
(4) Appointed, elected person to file oath of office
93 Election of first council
94(1) Appointment of prescribed election officials
(2) Qualifications
95(1) Appointment of principal electoral officer
(2) P.E.O. may delegate
(3) P.E.O. retains powers and duties
96(1) Powers and duties of P. E.O.
(2) Public education and information
(3) Notices by P.E.O.
(4) Special powers of P.E.O.
(5) Direct appointment of election officials
(6) Community must comply
(7) P.E.O. may appoint
(8) Order to deliver material
97(1) Postponing an election
(2) Terms extended
(3) Effect of order
(4) When order may be made
98 Protection from liability
PART 5
GOVERNANCE
DIVISION 1
SETTLEMENTS — CONTACT PERSONS
99(1) Appointment of contact person
(2) Role of contact person
DIVISION 2
COMMUNITIES — COUNCILS
100 Council is governing body
101(1) Council is continuing body
(2) Composition
(3) Establishing the number of councillors
102 Role of council
103 Role of mayor
OATH
104(1) Oath of office
(2) Failure to comply
CONFLICT PROVISIONS
105 Municipal Councils Conflict of Interest Act applies
DELEGATION BY COUNCIL
106(1) Matters that a council may delegate
(2) Matters that a council may not delegate
BY-LAWS AND RESOLUTIONS
107(1) How council may act
(2) Where by-law required
(3) Where resolution authorized
(4) Where by-law used instead of resolution
108 Passing a resolution
109(1) Proposed by-law to be given three readings
(2) Limit of two readings at one meeting
(3) Text to be available before first reading
(4) Text to be available before third reading
(5) Procedure at each reading
110 Rescission of previous by-law readings
111 When a by-law is passed
112(1) Coming into force — by-laws
(2) Where approval required
(3) No retroactivity without specific authority
113 Coming into force — resolutions
COUNCIL COMMITTEES
114 Composition of council committees
115 When committee resolution binds council
116 Application of council provisions to committees
MEETINGS OF COUNCIL
117 Council to designate community office
118 First meeting after regular election
119 Effect of meeting not taking place
120 Minutes
121(1) Quorum for council meetings
(2) Number required for quorum
(3) Minimum number for quorum
(4) When member not to be counted
122(1) Voting obligatory
(2) Voting to be open
123(1) Decisions by majority
(2) Tie votes
ORGANIZATION AND PROCEDURE
124(1) Deputy and acting mayor
(2) When deputy mayor may act as mayor
125(1) Organization of council
(2) Application — incorporated communities
(3) Term of appointments — committees and bodies
126(1) Council to establish procedures
(2) Council bound by procedures
(3) Content of procedures
(4) Further procedures
(5) Application — incorporated communities
127(1) Meeting through electronic communications
(2) Participating member deemed to be present
SPECIAL MEETINGS
128(1) Mayor convening special meeting
(2) Notice according to procedures adopted
(3) Procedures for calling special meetings
(4) Effect of notice given to absent member
(5) Member may waive notice
(6) Agenda at special meeting
PUBLIC PARTICIPATION
129(1) Open meetings
(2) Expulsion for disorderly conduct
(3) When council or council committee may close meeting
(4) Resolution to re-open a closed meeting
PUBLIC MEETINGS
130(1) Application
(2) Attendance of members at public meeting
(3) Procedure at public meeting
(4) Council may establish procedure in by-law
(5) Notice of continuation of adjourned meeting
COMPENSATION
131(1) Definitions
(2) Setting indemnity and expenses
(3) Application — incorporated communities
(4) Prescribed terms and conditions — unincorporated communities
(5) Portion of indemnity may be deemed expense
(6) Members may accept payments
(7) Report to show payments to members
(8) Timing of report
PART 6
ADMINISTRATIVE ORGANIZATION
COMMUNITY ADMINISTRATIVE OFFICER
132(1) Establishment of position of C.A.O.
(2) Incorporated community to act by by-law
(3) Majority required for suspension or revocation
(4) Council may give title other than "C.A.O."
133 C.A.O. entitlement in certain circumstances
134(1) C.A.O.'s responsibilities
(2) C.A.O.'s administrative duties
(3) C.A.O. duties re council committees
135(1) Duty of C.A.O. if money not lawfully used
(2) Minister's powers after receiving notice
136 Delegation by C.A.O.
DESIGNATED OFFICERS
137(1) Establishment of designated officer positions
(2) Delegation by designated officer
(3) Employees who handle money to be bonded
PENSIONS AND BENEFITS
138 Pensions and benefits program
COMMUNITY RECORDS
139(1) Retention of community records
(2) Certain documents not to be destroyed
(3) Records to be provided on request
(4) Council may authorize access to other records
(5) Copy of community record
(6) Copying fees
(7) Certain information not available
PART 7
FINANCIAL ADMINISTRATION
DIVISION 1
APPLICATION TO COMMUNITIES THAT ARE NOT INCORPORATED
140(1) Application to unincorporated communities
(2) Application
(3) Community must assist
DIVISION 2
MANAGEMENT PLAN
WITH ESTIMATES
141 Fiscal year
142(1) Annual management plan
(2) Council may request extension of time
(3) Content of management plan
(4) Form approved by the minister
143(1) Content of operating budget
(2) Expenditures not to exceed revenues
(3) Minister may impose terms and conditions
144 Content of capital budget
145 Content of capital expenditure program
146(1) Reserve funds
(2) Surplus may be transferred to reserve fund
(3) Expenditure from reserve with specific purpose
147(1) Public consultations
(2) New public meeting when certain items revised
(3) Increase in requisition only
DIVISION 3
FINANCIAL OPERATIONS
148(1) Council may borrow for operating expenses
(2) Repayment
(3) Ministerial approval required
149 Council to obtain approval for anticipated deficiency
150(1) Expenditures
(2) Expenditures not set out in operating budget
(3) Expenditure not set out in capital budget
(4) If revenue exceeds estimates
(5) Interpretation — "excess revenue"
151 Investments
DIVISION 4
ANNUAL FINANCIAL STATEMENTS
AND AUDITOR'S REPORT
152(1) Annual financial statements
(2) Form of statements
(3) Variation in form
(4) Annual financial statements and other financial information
153(1) Auditor
(2) Qualifications of auditor
(3) Minister may appoint if council does not
(4) Community to pay auditor's fees and expenses
(5) Payment of fees
154(1) Auditor's entitlement to access
(2) Auditor's entitlement to information
(3) Financial institution to provide information
(4) Information from land titles offices and courts
(5) Powers under Part V of Evidence Act
(6) Auditor may attend meetings
(7) Auditor must report failure to comply
155(1) Scope of auditor's examination
(2) Consolidated statements
(3) When auditor not required to audit local bodies
156(1) Timing and content of auditor's report
(2) Auditor to submit supplement with report
(3) Auditor to provide minister with information
(4) Extension of time
(5) Council to advise minister of action taken
(6) Minister may take action
DIVISION 5
IMPOSING AND COLLECTING TAXES IN INCORPORATED COMMUNITIES
WITHOUT ASSISTANCE OF THE MINISTER
157(1) Property tax by-law
(2) By-law to be filed
(3) Notification by minister
(4) When property tax by-law to be passed and filed
(5) Amendment of by-law
158(1) Business tax by-law if no agreement with minister
(2) Maximum tax rate
(3) By-law to be filed
(4) Notification by minister
(5) When business tax by-law to be passed and filed
(6) Amendment of by-law
159 Fees in lieu of business taxes
WITH ASSISTANCE OF THE MINISTER
160(1) Minister to help impose and collect taxes
(2) Application
161(1) Property tax by-law if agreement with minister
(2) Rates
(3) By-law to be filed
(4) Amendment of by-law
162(1) Business tax by-law if agreement with minister
(2) Maximum tax rate
(3) By-law to be filed
163 Effect of agreement
GENERAL
164(1) Application of Municipal Act
(2) Changes to provisions
165 Tax or fee in addition to other taxes
166 Application — business taxes
167 Part year use or occupancy
TAX AND DEBT COLLECTION
168(1) Part 11 of Municipal Act applies
(2) If agreement between minister and community
(3) Changes to provisions
169(1) Notice provisions re tax sale and auction
(2) Notice of tax sale
(3) Registration of notice
(4) Directions for service of notice
(5) Different directions for different properties
(6) Notice of proposed sale
(7) Content of notice
(8) Public notice
170(1) Prior right of community to purchase
(2) Property may be redeemed from tax sale
(3) Date of purchase
(4) Notice of intent to purchase
(5) Purchase money not needed
REGULATIONS
171 Application — regulation making powers under Municipal Act
PART 8
THE MINISTER
GENERAL ROLE AND POWERS
172(1) Role — general
(2) Services — other departments and agencies
173(1) Powers — communities that are not incorporated
(2) Powers — areas outside communities
(3) Powers under other enactments continue
(4) Application
(5) Ministerial powers may be exercised differently
(6) Providing services
174(1) Regulations in place of by-laws
(2) Dates may be varied re tax regulation
175(1) Delegation and assignment by regulation
(2) Community exercising delegated powers
FILING AND DISALLOWANCE OF BY-LAWS FOR COMMUNITIES THAT ARE NOT INCORPORATED
176(1) Filing requirement — by-laws
(2) Coming into force of by-law delayed
(3) Disallowing by-law
177(1) Filing requirement — resolutions
(2) Coming into force of resolution delayed
(3) Disallowing resolution
(4) Application
INFORMATION
178(1) Giving minister documents and information
(2) Community to comply
179 Regulations re information to be distributed
DEALING WITH LAND AND OTHER PROPERTY
180(1) Minister may acquire property
(2) Exercising power to acquire land
181(1) Land acquired becomes Crown land
(2) Dispositions: consultation and ministerial approval
(3) No consultation re permits under Crown Lands Act
(4) Delegation of approving land dispositions
FINANCIAL MATTERS
182(1) Fund continued
(2) Minister responsible for Fund
(3) Bank account
(4) Credits to Fund
(5) Payments from Fund
183(1) Fiscal year of Fund
(2) Accounts of Fund
(3) Fund not part of Consolidated Fund
(4) Investment of money in the Fund
184(1) Audit of fund
(2) Auditor's report in Public Accounts
185 Agreement re taxation
186(1) Agreements with Canada and others
(2) Other parties
(3) Agreement may provide for fees in lieu of taxes
187(1) Fees in lieu of taxes
(2) Collection of fees
188(1) Definition: "taxes"
(2) Application
189 Grants — general
190(1) Unconditional Grants Act
(2) Payment of money received to council
(3) Determination of population
(4) Exception
191 Withholding financial assistance
192(1) Set-off — money to be paid to community
(2) Set-off — money paid over to others
(3) Notice
(4) Effect of deduction
MINISTER'S ROLE UNDER OTHER ACTS
193(1) Minister assumes role in respect of approvals etc.
(2) Acting as P.U.B. for community not incorporated
(3) Hearing not required
(4) Investigation
APPEALS TO THE MINISTER
194(1) Appeals to minister — unincorporated communities
(2) Contents of notice of appeal
(3) Where decision or order not appealed
(4) Minister to invite response
(5) Minister's powers to determine appeals
(6) Investigation
(7) Decision final
INVESTIGATIONS
195(1) Investigation
(2) Appointment and remuneration
(3) Powers and duties of appointee
(4) Report re investigation
(5) Distribution of report
DIRECTIONS, DISMISSAL AND ADMINISTRATION
196(1) Directions in certain circumstances
(2) Dismissal
(3) Election of new council or new members
(4) Application
197(1) Appointment of administrator — financial difficulties
(2) Directions
(3) Administrator under control of minister
(4) Powers of administrator
(5) Notice in Manitoba Gazette
(6) Administrator may demand books
(7) Administrator to be bonded
(8) Approval of administrator's by-laws
(9) Payment of expenses
198 Restoration of community status
199 Effect of appointment
RECEIVERSHIP
200(1) Dissolution of community
(2) Effect of dissolution
(3) Publication in Manitoba Gazette
201(1) Receiver under control of minister
(2) Receiver may demand books
(3) Receiver to be bonded
(4) Payment of expenses
202(1) Powers to realize upon assets
(2) Application of money
(3) Distribution of assets for school purposes
FEES
203(1) Fees
(2) Payment and collection
DELEGATION
204 Delegation
PART 9
LEGAL MATTERS
DIVISION 1
CHALLENGING BY-LAWS AND RESOLUTIONS
205(1) Application for declaration of invalidity
(2) When by-law is discriminatory
(3) Order
206(1) Time limit for action under clause 205(1)(d)
(2) Validity relating to public participation
207 No challenge on certain grounds
DIVISION 2
LIABILITY OF COMMUNITIES
208 Definitions
COMMUNITY ROADS
209(1) No liability unless community road
(2) Liability for community roads
(3) Liability for location of community road
BUILDING INSPECTIONS
210(1) Requests for inspections
(2) Negligent inspections
(3) Certification by professionals
(4) Matters outside scope of inspection
(5) Failure to comply with conditions
(6) Failure to prevent or limit loss
(7) Inspection not a guarantee
OTHER MATTERS
211 Limited liability for public facility
212 Limited liability for utilities or services
213 Limited liability for water overflow
214 Limitation on standard of care for protective fire services
215 Exercise of discretion
216 Liability for remedying contravention of by-law
217 No liability for negligent supervision by others
218 No liability for certain nuisances
219(1) Notice requirement
(2) Limitation of actions
(3) When notice must be forwarded to minister
DIVISION 3
JUDGMENTS AGAINST COMMUNITIES
220(1) Service of judgment
(2) Payment by community
221 Failure to pay judgment
222(1) Liens against community property
(2) Registration of judgment
223 Prohibition of execution against community
DIVISION 4
INDEMNIFICATION OF MEMBERS OF
COUNCIL, EMPLOYEES AND VOLUNTEERS
224 Definitions
225(1) Protection from liability
(2) No protection re defamation
(3) No protection re community
226(1) Indemnification on successful defence
(2) Discretion to indemnify
(3) Costs incurred under Conflict of Interest Act
DIVISION 5
UNAUTHORIZED EXPENDITURES
227(1) Offence
(2) Civil liability of members of council
(3) Joint and several liability
(4) Action by community or voter
(5) Exceptions for expenditures
DIVISION 6
NOTICES AND SERVICE OF DOCUMENTS
PUBLIC NOTICE
228(1) Public notice of by-laws and meetings
(2) Content of the notice of meeting
(3) Certification of public notice
SERVICE OF NOTICES AND OTHER DOCUMENTS
229(1) Service of notices and other documents
(2) Service of documents on a community
DIVISION 7
CERTIFIED COPIES OF
COMMUNITY RECORDS
230(1) Admissibility of certified copy in evidence
(2) Admissibility of record in converted form
(3) Certificate
(4) Judicial notice
231 Deemed change of certain terms
PART 10
REGULATIONS
232(1) L.G. in C. regulations
(2) Retroactive regulation
(3) Time limitation on regulation
233 L.G. in C. regulations — northern Manitoba
234 Regulations by minister
235 Application
236 Publication is proof of compliance
PART 11
TRANSITIONAL PROVISIONS
237 Definition
238(1) Community with contact person continued as settlement
(2) Communities continued as communities
(3) Incorporated communities continued
239(1) Effect of continuation — settlement
(2) Effect of continuation — community
240 Contact persons
241(1) Councils of communities continued
(2) Members continue as if elected under this Act
242(1) Transition from February to October elections
(2) Regular election in October, 2008
243 Regular election to be held in February 2007
244 Provisions apply despite postponement of election
245(1) By-laws, resolutions, appointments and other decisions
(2) Organizational by-law and procedures by-law
246 Licences, permits, approvals and authorizations
247 Agreements and contracts
248 Funds and reserves under former Act
249 Borrowing
250 Continuation of tax and penalty
251 Tax rolls and tax notices
252 Tax sales and redemptions
253 Transitional regulations
PART 12
CONSEQUENTIAL AMENDMENTS
The Animal Liability Act
254(1) C.C.S.M. c. A95 amended
(2)
(3)
(4)
The Archives and Recordkeeping Act
255 C.C.S.M. c. A132 amended
The Community Development Bonds Act
256 C.C.S.M. c. C160 amended
The Contaminated Sites Remediation Act
257 C.C.S.M. c. C205 amended
The Freedom of Information and Protection of Privacy Act
258 C.C.S.M. c. F175 amended
The Health and Post Secondary Education Tax Levy Act
259 C.C.S.M. c. H24 amended
The Human Rights Code
260 C.C.S.M. c. H175 amended
The Liquor Control Act
261(1) C.C.S.M. c. L160 amended
(2)
(3)
The Municipal Act
262 C.C.S.M. c. M225 amended
The Planning Act
263(1) C.C.S.M. c. P80 amended
(2)
(3)
(4)
(5)
The Public Sector Compensation Disclosure Act
264 C.C.S.M. c. P265 amended
The Public Utilities Board Act
265 C.C.S.M. c. P280 amended
The Regulations Act
266 C.C.S.M. c. R60 amended
The Residential Tenancies Act
267 C.C.S.M. c. R119 amended
180(1) Definition
The Retail Businesses Holiday Closing Act
268 C.C.S.M. c. R120 amended
The Workers Compensation Act
269 C.C.S.M. c. W200 amended
PART 13
REPEAL, C.C.S.M. REFERENCE
AND COMING INTO FORCE
270 Repeal
271 C.C.S.M. reference
272 Coming into force