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C.C.S.M. c. M225

The Municipal Act

File 1: s. 1 to 249 (Parts 1 to 7)
File 2: s. 250 to 480 (Parts 8 to 17)

(Assented to November 19, 1996)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

DEFINITIONS AND MUNICIPAL PURPOSES

DEFINITIONS

Definitions

1(1)        In this Act,

"assessment" means an assessment prepared under The Municipal Assessment Act for the purpose of municipal taxation of property; (« évaluation »)

"assessment roll" means an assessment roll as defined in The Municipal Assessment Act; (« rôle d'évaluation »)

"borrowing" means a borrowing as defined in section 172; (« emprunt »)

"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 »)

"by-election" means an election to fill a vacancy on a council other than at a general election; (« élection partielle »)

"capital property" means property that

(a) is used in the production or supply of goods and services or is used for a municipal purpose,

(b) has a useful life extending beyond 12 months and is intended to be used on a continuing basis, and

(c) is not intended for sale in the ordinary course of operations; (« immobilisations »)

"chief administrative officer" means a person appointed as a chief administrative officer under subsection 125(1); (« directeur général »)

"common-law partner" of a person means a person who, not being married to the other person, is cohabiting with him or her in a conjugal relationship of some permanence; (« conjoint de fait »)

"council" means the council of a municipality; (« conseil »)

"council committee" means a committee, or other body established by a council under subsection 148(2), and includes the committee of a local urban district; (« comité du conseil »)

"council meeting" means a regular meeting or special meeting of a council, but does not include a public hearing 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 130; (« cadre désigné »)

"family" includes a common-law partner; (« famille »)

"general election" means an election held in a municipality under section 86 (general election of council every three years); (« élections générales »)

"improvement" means an improvement as defined in The Municipal Assessment Act; (« amélioration »)

"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, or

(g) a body designated as a local authority by regulation made by the minister under clause 7(a); (« autorité locale »)

"local improvement" means a local improvement under Division 4 of Part 10; (« amélioration locale »)

"local urban district" means a local urban district established under section 46 or Division 5 (Local Urban Districts) of Part 3; (« district urbain local »)

"members" means, when referring to a council, the councillors and the head of council; (« conseillers »)

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

"municipal participation corporation" means a corporation or entity in which all the members or shareholders are municipalities and which is controlled by the municipalities; (« corporation à participation municipale »)

"municipal purposes" means the purposes set out in section 3; (« fins municipales »)

"municipal record" means any kind of recorded information that is created or received by, or in the custody or control of, a municipality, 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 municipal »)

"municipal road" means a municipal road as defined in section 285; (« chemin municipal »)

"municipality" means a municipality that is continued or formed under this Act; (« municipalité »)

"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 »)

"real property" means real property as defined in The Municipal Assessment Act; (« biens réels »)

"requisition" means an amount that a municipality is required to levy and collect on behalf of another entity; (« réquisition »)

"resident" means a person whose ordinary place of residence is within the municipality; (« résident »)

"tax arrears" means tax arrears as defined in section 339; (« arriéré de taxes »)

"taxpayer" means a person liable to pay a tax imposed by a municipality; (« contribuable »)

"The Municipal Board" means The Municipal Board established under The Municipal Board Act; (« Commission municipale »)

"voter" means a person eligible under The Municipal Councils and School Boards Elections Act to vote at an election of members of a council; (« électeur »)

"youth member" means a person appointed by a council under section 81. (« jeune conseiller »)

Meaning of "must" and "shall"

1(2)        Whenever this Act provides that a thing "shall" be done or "must" be done, the obligation is imperative.

References to population

1(3)        A reference in this Act to the population of a municipality or other area means the population of the municipality or area as shown by the most recent census taken and available under the Statistics Act (Canada).

Registered common-law relationship

1(4)        For the purposes of this Act, while they are cohabiting, persons who have registered their common-law relationship under section 13.1 of The Vital Statistics Act are deemed to be cohabiting in a conjugal relationship of some permanence.

S.M. 2002, c. 24, s. 42; S.M. 2002, c. 48, s. 28; S.M. 2004, c. 2, s. 31; S.M. 2005, c. 27, s. 158.

Indian Reserves excluded

2           Despite any Act of the Legislature,

(a) land within an Indian Reserve is not part of the area of any municipality;

(b) persons residing within an Indian Reserve are not residents of any municipality; and

(c) any description of the boundaries of a municipality or the area within a municipality is deemed to provide that land within an Indian Reserve is excluded from the municipality.

MUNICIPAL PURPOSES

Municipal purposes

3           The purposes of a municipality are

(a) to provide good government;

(b) to provide services, facilities or other things that, in the opinion of the council of the municipality, are necessary or desirable for all or a part of the municipality; and

(c) to develop and maintain safe and viable communities.

PART 2

FORMATION, FUNDAMENTAL CHANGES AND DISSOLUTION

DIVISION 1

TYPES OF MUNICIPALITIES

Types of municipalities that may be formed

4(1)        The following types of municipalities may be formed under this Part:

(a) an urban municipality;

(b) a rural municipality.

Urban municipality

4(2)        An urban municipality may be formed for an area with at least 1,000 residents and a population density of at least 400 residents per square kilometre.

Rural municipality

4(3)        A rural municipality may be formed for an area with at least 1,000 residents and a population density of less than 400 residents per square kilometre.

Exception for amalgamation of municipalities

4(4)        A municipality may be formed by the amalgamation of two or more municipalities even though the municipality formed may have a population of less than 1,000 residents.

Municipality in remote area

4(5)        A municipality may be formed for an area that is part of an existing municipality where that area is

(a) remote; and

(b) not contiguous to another municipality.

S.M. 1999, c. 28, s. 2.

DIVISION 2

MUNICIPALITIES OUTSIDE THE BOUNDARIES OF WINNIPEG

SUBDIVISION 1

GENERAL

Definitions

5(1)        In this Division,

"contiguous" in the case of land means that the land

(a)  forms a continuous and unbroken piece, or

(b) is comprised of two or more parcels or areas that would form a continuous and unbroken piece of land but for their being separated by

(i) a public road allowance,

(ii) a railway right-of-way,

(iii) a transmission or distribution line right-of-way for a power, telephone or gas utility, or

(iv) a municipal road or highway; (« contigu »)

"unorganized territory" means any part of the province that is not in a municipality, and includes unorganized territory in Northern Manitoba; (« territoire non organisé »)

"unorganized territory in Northern Manitoba" means that part of Northern Manitoba as defined in The Northern Affairs Act in respect of which the Minister of Aboriginal and Northern Affairs has the powers, rights and privileges that an incorporated community has within its boundaries under The Northern Affairs Act. (« territoire non organisé du Nord »)

Application of Division to Winnipeg and to land in Winnipeg

5(2)        This Division does not apply to land within the boundaries of The City of Winnipeg, but for the purposes of this Division The City of Winnipeg is deemed to be a municipality in relation to land outside the boundaries of The City of Winnipeg to the following extent:

(a) the council of The City of Winnipeg may initiate a proposal and make application under this Division to annex land outside the boundaries of The City of Winnipeg and annexation regulations may be made in relation to the proposal and application;

(b) The City of Winnipeg is entitled to receive notice of a proposal that affects it and to participate in proceedings arising from the proposal;

(c) regulations annexing land from a municipality to The City of Winnipeg may be made under section 48.

S.M. 1999, c. 28, s. 3; S.M. 2000, c. 35, s. 59; S.M. 2006, c. 34, s. 262.

Application of Division to unorganized territory

6(1)        This Division applies to unorganized territory and to the Minister of Aboriginal and Northern Affairs to the extent described in this section.

Formation and annexation proposals

6(2)        Land in unorganized territory is deemed to be in a municipality for the purpose of a proposal, application or regulation under this Division for

(a) the formation of a municipality from unorganized territory; or

(b) the annexation by a municipality of land in unorganized territory.

Minister of Aboriginal and Northern Affairs as a municipality

6(3)        The Minister of Aboriginal and Northern Affairs is a municipality in relation to a proposal or application that may have the result of including land that was formerly in a municipality in unorganized territory in Northern Manitoba.

S.M. 1999, c. 28, s. 4; S.M. 2000, c. 35, s. 59.

Regulations by minister

7           The minister may by regulation

(a) designate bodies as local authorities for the purpose of clause (g) of the definition "local authority" in subsection 1(1); and

(b) establish principles, standards or criteria to be taken into account in considering the formation, dissolution, change of name or amalgamation of municipalities or the annexation of land from municipalities under this Division.

Joint proposal to annex non-contiguous land

8(1)        A proposal to annex to a municipality land that is not contiguous to any portion of the municipality's boundary must be made jointly by the municipality that seeks to annex the land and the municipality that seeks to surrender the land for annexation.

Only one proposal or application permitted

8(2)        A person must not be the proponent or applicant of more than one proposal or application concerning the same land at the same time, but a person may make a proposal or application in the alternative for the amalgamation of municipalities or for annexation from a municipality of land that is included in an amalgamation proposal or application.

S.M. 1998, c. 33, s. 2.

SUBDIVISION 2

FORMATION AND DISSOLUTION

Application

9           This Subdivision does not apply

(a) to the formation of a municipality by amalgamation; or

(b) to the dissolution of a municipality as a result of annexation.

PROPOSALS

Proponents

10(1)       A proposal to form or dissolve a municipality may be initiated by

(a) the minister;

(b) the council of a municipality; or

(c) at least 30% of the persons

(i) who would be voters of the municipality proposed to be formed, or

(ii) who are voters of the municipality proposed to be dissolved.

Formation proposal for Northern Manitoba

10(2)       Despite clause (1)(a), the minister and the Minister of Aboriginal and Northern Affairs must jointly initiate a proposal to form a municipality from unorganized territory in Northern Manitoba.

Initiating a proposal

10(3)       A proponent may initiate a proposal to form or dissolve a municipality by filing a written proposal with The Municipal Board.

Proposal by voters

10(4)       A proposal by persons who would be voters of the municipality proposed to be formed or who are voters of the municipality proposed to be dissolved must be accompanied by a sufficient petition.

S.M. 1999, c. 28, s. 5; S.M. 2000, c. 35, s. 59; S.M. 2005, c. 27, s. 158.

Sufficiency of petition

11(1)       A petition is sufficient if it complies with this section.

Information about each petitioner

11(2)       A petition must include the following:

(a) in printed form, the surname and given name or initials of each petitioner;

(b) each petitioner's signature;

(c) the date on which each petitioner signs the petition;

(d) the address of each petitioner's residence;

(e) in the case of a petition to form a municipality, a statement that each petitioner is eligible to be a voter of the proposed municipality;

(f) in the case of a petition to dissolve a municipality, a statement that each petitioner is a voter of the municipality.

Manner of witnessing signature on a petition

11(3)       Each signature on the petition must be witnessed by an adult person who must

(a) sign opposite the signature of the petitioner; and

(b) make a statutory declaration that to the best of the witness's knowledge the signature witnessed is that of a person eligible to sign the petition.

Number of petitioners required

11(4)       A petition must be signed by not less than 30% of the persons

(a) who would be voters of the municipality proposed to be formed; or

(b) who are voters of the municipality proposed to be dissolved.

Counting the number of petitioners

11(5)       In determining whether the required number of persons have signed the petition, a person's name is not to be counted if

(a) the information required under subsection (2) about the petitioner is not provided or the information, other than the signature, is not legible and cannot easily be determined by the secretary of The Municipal Board;

(b) the person's signature is not witnessed, or the witness has not made the statutory declaration required under clause (3)(b); or

(c) the person signed the petition more than 90 days before the petition was filed under subsection 10(3) or more than 150 days before the petition was re-filed with The Municipal Board under subsection (10).

Representative of petitioners

11(6)        The petition must have attached to it a signed statement of the individual named as the representative of the petitioners under clause 12(e) that he or she is so named and that any inquiry or notice respecting the petition may be directed to the individual at an address that is set out in the statement.

Filing of petition

11(7)       A petition must be filed with the secretary of The Municipal Board.

Secretary to determine sufficiency of petition

11(8)       The secretary must determine the sufficiency of the petition not later than 30 days after it is filed.

Process where petition is not sufficient

11(9)       If in the opinion of the secretary a filed petition is not sufficient, the secretary must within the time set out in subsection (8) give written notice of the manner in which the petition is not sufficient to the representative named in the petition under subsection (6).

Re-filing of petition

11(10)      The petition may be re-filed, with or without changes, with the secretary within 30 days after notice is given under subsection (9), and subsections (2) to (8) apply to the re-filed petition.

No change in petition after filing or re-filing

11(11)      No name may be added to or removed from a petition after it is filed under subsection (7) or re-filed under subsection (10), except an addition or removal made after a notice is given under subsection (9) and before the petition is re-filed.

S.M. 1998, c. 33, s. 3; S.M. 2005, c. 27, s. 158.

Content of proposal

12          A proposal must include

(a) a statement that the proposal is

(i) to form a municipality with the status, name and boundaries set out, or

(ii) to dissolve a specified municipality;

(b) the reasons for the proposal;

(c) the name of each municipality and local authority that could be affected by the formation or dissolution of the proposed municipality;

(d) a description of a process for consulting about the proposal with

(i) local authorities that could be affected by the formation or dissolution of the municipality, and

(ii) the public; and

(e) the name of the representative of the petitioning voters if the proposal is initiated by persons who would be voters of the municipality proposed to be formed or who are voters of the municipality proposed to be dissolved.

S.M. 2005, c. 27, s. 158.

Notice when minister is proponent

13(1)       When the minister is the proponent, he or she must without delay give a copy of the proposal to every municipality and local authority that could be affected by it.

Notice when council is proponent

13(2)       When the council of a municipality is the proponent, it must without delay give a copy of the proposal to

(a) the minister; and

(b) every other municipality and every local authority that could be affected by it.

Notice when voters are proponents

13(3)       When a proposal is initiated by persons who would be voters of the municipality proposed to be formed or are voters of the municipality proposed to be dissolved, the representative of the persons must without delay give a copy of the proposal to

(a) the minister; and

(b) every municipality and local authority that could be affected by it.

S.M. 2005, c. 27, s. 158.

REPORT BY PROPONENT

Application of section

14(1)       This section does not apply to a proposal to form a municipality made by the council of the municipality in which all the land to be included in the proposed municipality is located.

Negotiations and consultations

14(2)       Without delay after the proposal is filed with The Municipal Board and copies of the proposal are given under section 13, the proponent must

(a) meet with affected municipalities to discuss the proposal and to negotiate it in good faith; and

(b) consult about the proposal with local authorities and the public in a manner that substantially accords with the process for consultation set out in the proposal.

Report on negotiations and consultations

14(3)       Without delay after concluding the negotiations and consultations, the proponent must prepare a report that describes the results of the negotiations and consultations and that includes

(a) a description of the negotiations undertaken and a summary of the views expressed;

(b) a description of matters agreed on and those not agreed on by the proponent and affected municipalities;

(c) a description of the consultations undertaken and a summary of the views expressed;

(d) a statement of the content of the original proposal and particulars of any amendments to the proposal made in the report and the reasons for them;

(e) a list of studies prepared by or for the proponent respecting the proposal and a summary of their findings; and

(f) a statement as to whether the proponent intends to proceed with the proposal at all or as initiated or in an amended form.

Report to Municipal Board

14(4)       The proponent must without delay file with The Municipal Board the report and a copy of each study prepared by or for the proponent.

Consultations and report when no negotiations

15          A municipality that initiates a proposal for the formation of a municipality from land all of which is located in the proponent municipality must without delay

(a) consult about the proposal with local authorities and the public in a manner that substantially accords with the process for consultation set out in the proposal;

(b) prepare a report that includes the matters described in clauses 14(3)(c) to (f); and

(c) file with The Municipal Board the report and a copy of each study prepared by or for the proponent.

Notice and public availability of report

16(1)       The proponent must without delay

(a) give a copy of the report filed with The Municipal Board under subsection 14(4) or clause 15(c) to every person to whom the proponent was required to give a copy of a proposal under section 13; and

(b) when requested by any person,

(i) make a copy of the report or any study prepared by or for the proponent available for inspection by the person, and

(ii) provide a copy of the report or study to the person on payment of an amount not exceeding the charge for copies of documents under Division 2 (Access to Information) of Part 9 or make a copy available for copying by the person.

Response when report inaccurate

16(2)       Within 30 days after the report is submitted to The Municipal Board, any person who believes that the report does not accurately or completely satisfy the requirements of subsection 14(3) or clause 15(b), as the case may be, may file with the Board a response to the report, setting out the areas of the report that the person alleges to be inaccurate or insufficient and particulars of those matters.

Giving copies of response

16(3)       The person must without delay after filing the response

(a)  give a copy of the response to the proponent and any person to whom the proponent was required to give a copy of the proposal under section 13; and

(b) make a copy of the response available for inspection and copying by any person who requests it.

When report or consultation insufficient

17          If The Municipal Board determines

(a) that the report

(i) does not accurately or sufficiently meet the requirements of subsection 14(3) or clause 15(b), as the case may be, or

(ii) is inadequate in form; or

(b) that the consultation about the proposal was not sufficient in the circumstances,

it may require the proponent to remedy the deficiency in the report or consultation.

Notice when report not to be considered

18          When

(a) a proponent indicates in the report that he or she does not wish to proceed with the formation of the municipality; and

(b) The Municipal Board decides not to consider the application;

The Municipal Board must without delay give notice to the proponent, every person to whom the proponent was required to give a copy of the proposal under section 13 and anyone else the Board considers should be notified.

CONSIDERATION BY MUNICIPAL BOARD

Report to be application

19          If the proponent indicates in the report that he or she wishes to proceed with the formation or dissolution of the municipality, the report becomes the proponent's application to The Municipal Board for formation or dissolution of the municipality.

Procedure on general agreement

20(1)       If the proponent wishes the formation or dissolution to proceed and The Municipal Board is satisfied that there is general agreement among the persons to whom the proponent is required to give a copy of the proposal under section 13 and the public, the Board must notify those persons, the public and anyone else the Board considers should be notified, that

(a) there appears to be general agreement with the proposal; and

(b) unless an objection is filed with The Municipal Board by a specified date by

(i) a person to whom the proponent is required to give a copy of the proposal under section 13, or

(ii) at least 25 persons who would be voters if the municipality were formed or who are voters of the municipality proposed to be dissolved,

the Board will make its recommendation to the minister without holding a public hearing.

When no objection

20(2)       The Municipal Board is not required to hold a hearing unless an objection is filed by the date specified in the notice by a person referred to in subclause (1)(b)(i) or at least the number of persons referred to in subclause (1)(b)(ii).

S.M. 2005, c. 27, s. 158.

When hearing required

21(1)       The Municipal Board must hold a hearing if

(a) the Board is satisfied that there is general agreement with the application but an objection is filed with it within the specified time by

(i) a person to whom the proponent is required to give a copy of the proposal under section 13, or

(ii) at least 25 persons who would be voters if the municipality were formed or who are voters of the municipality proposed to be dissolved; or

(b) the Board is not satisfied that there is general agreement with the application by persons to whom the proponent is required to give a copy of the proposal under section 13.

When hearing may be held

21(2)       The Municipal Board may hold a hearing even though the proponent does not wish the formation or dissolution to proceed and may make any order it considers necessary as to the nature of the application and the conduct of the matter before the Board.

S.M. 2005, c. 27, s. 158.

Notice and conduct of hearing

22(1)       When The Municipal Board is to hold a hearing, the Board must

(a) notify the proponent, all persons to whom the proponent is required to give a copy of the proposal under section 13, anyone who filed an objection and anyone else the Board considers should be notified, as to why the Board will hold a hearing; and

(b) hold a hearing to consider the application and allow any affected person to appear before the Board at a hearing.

Notice of hearing

22(2)       The Municipal Board must give notice of the day, time and place of the hearing in accordance with The Municipal Board Act.

Duties and powers in making decision

23(1)       In deciding whether to recommend a formation or dissolution application, The Municipal Board

(a) must consider the application in relation to the principles, standards and criteria established under clause 7(b) on the formation or dissolution of municipalities;

(b) must consider the evidence and submissions made at any public hearing the Board holds;

(c) may investigate, analyse and make findings of fact about the formation or dissolution and its potential effect on each affected municipality and local authority and on the residents and property owners of the municipality proposed to be formed or dissolved;

(d) may

(i) in the case of a formation application, consider the viability, including the financial viability, of

(A) the proposed municipality operating as a separate entity, and

(B) any remaining part of a municipality continuing to operate as a separate entity, and

(ii) in the case of a dissolution application, consider the viability, including the financial viability, of the municipality continuing to operate as a municipality;

(e) may request a person, municipality, local authority or the minister to conduct such studies and seek such advice to support their position as the Board considers appropriate;

(f) may require an affected municipality or may request the minister to hold a vote of those persons who would be voters of the municipality proposed to be formed or are voters of the municipality proposed to be dissolved and may consider its results; and

(g) may do any other thing that the Board considers advisable.

Failure to conduct study

23(2)       Despite anything in this Division, The Municipal Board may decline to consider the position of a person, municipality or local authority that fails to comply with a request under clause (1)(e).

Vote held by municipality

23(3)       If a municipality holds a vote, the vote must be held in accordance with The Municipal Councils and School Boards Elections Act as modified by the directions given by The Municipal Board.

Vote held by minister

23(4)       If the minister holds a vote, the vote must be held in accordance with The Municipal Councils and School Boards Elections Act as modified by the directions of the minister.

Regulations Act does not apply

23(5)       The Regulations Act does not apply to a direction under subsection (4).

S.M. 2005, c. 27, s. 158.

REPORT OF MUNICIPAL BOARD

Report by Municipal Board

24(1)       The Municipal Board must prepare a written report of its findings, its recommendations and the reasons for the recommendations and send the report to the minister.

Content of report

24(2)       A report by The Municipal Board to the minister

(a) must include a summary of the matters considered or actions taken under subsection 23(1);

(b) must make a recommendation as to whether the proposed municipality should be formed or the municipality should be dissolved and the reasons for the recommendation;

(c) if the Board recommends the formation of the proposed municipality, must set out

(i) the status of the proposed municipality as an urban or rural municipality, its name and a description of its boundaries, and

(ii) any terms, conditions and other things the Board considers necessary or desirable to implement the formation.

Notice of report

24(3)       The Municipal Board must without delay

(a) give a copy of its report to the proponent and any person to whom the proponent is required to give a copy of the proposal under section 13;

(b) notify every affected municipality that it must make a copy of the report available for inspection at the municipal office on request; and

(c) notify each person who filed an objection to, or who in writing indicated support for, the application that a copy of the report is available for inspection on request at the municipal office of every affected municipality.

Availability of report

24(4)       An affected municipality must make a copy of the report available for inspection at its municipal office for a reasonable period after receipt of the notice.

Copy of report to be provided on payment of fee

24(5)       The chief administrative officer must provide a copy of the report to a person who pays any fee set for the report by the council.

Fee

24(6)       The fee must not exceed a comparable fee payable under The Freedom of Information and Protection of Privacy Act.

S.M. 2001, c. 30, s. 2.

Referral of report by minister

25          The minister must refer a report of The Municipal Board to the Lieutenant Governor in Council.

Reference to Municipal Board

26          If the minister has referred a report of The Municipal Board to the Lieutenant Governor in Council, the Lieutenant Governor in Council, whether or not it has made a regulation in relation to the report, may

(a) refer any matter relating to the formation or dissolution of the municipality to The Municipal Board for its consideration and recommendations; and

(b) request the Board to make recommendations on any other matter that the Lieutenant Governor in Council considers relevant.

Notice when no regulation is made

27          If no formation or dissolution regulation is to be made in relation to a report of The Municipal Board, the minister must notify

(a) the proponent and every affected municipality and local authority; and

(b) each person who filed with the Board a document indicating support for or objection to the application.

No further proposals for one year

28          A person, other than the minister, who initiates a proposal to form or dissolve a municipality may not initiate another proposal with respect to substantially the same land for a period of one year

(a) from the date a regulation is made in relation to the proposal; or

(b) from the date of the last notice under section 27.

FORMATION AND DISSOLUTION REGULATIONS

Validity of formation or dissolution regulation

29          A formation or dissolution regulation is not invalid by reason only that it

(a) varies or does not give effect to a recommendation or is not recommended in a report; or

(b) varies or does not give effect to one or more of the other terms, conditions or things in the report.

Formation regulation

30(1)       The Lieutenant Governor in Council may form a municipality by regulation.

Requirements of regulation

30(2)       A formation regulation must

(a) describe the boundaries of the municipality to be formed;

(b) give the municipality the status of an urban municipality or a rural municipality;

(c) in the case of a rural municipality, give it the name of "The Rural Municipality of [insert name]";

(d) in the case of an urban municipality, give it the name of "The City of [insert name]", "The Town of [insert name]", "The Village of [insert name]" or "The Urban Municipality of [insert name]";

(d.1) in the case of a municipality that is formed by the amalgamation of a rural municipality and an urban municipality, give it the name of "The Municipality of [insert name]", or such other name as may be approved by the minister; and

(e) state the number of members of the council.

Limitation on naming cities

30(3)       No regulation may name an urban municipality as a city unless it has a population of at least 7,500 residents.

Additional regulation-making powers

30(4)       A formation regulation may

(a) establish wards and describe their boundaries;

(b) appoint an official administrator or chief administrative officer until the first council is sworn into office; and

(c) subject to any conditions the Lieutenant Governor in Council considers appropriate, permit the council of a municipality from which a municipality is formed or the official administrator or chief administrative officer to exercise all of the powers of the council of the municipality.

Repeal of regulation under clause (2)(e) or (4)(a)

30(5)       Unless a provision of a regulation made under clause (2)(e) or (4)(a) specifies that it is repealed on an earlier day, any provision of a regulation made under clause (2)(e) or (4)(a) is deemed to be repealed on the day the council of the municipality passes a by-law under section 79 (number of councillors) or section 87 (election on basis of wards).

S.M. 1998, c. 33, s. 4.

Dissolution regulation

31(1)       The Lieutenant Governor in Council may dissolve a municipality by regulation.

Requirements of regulation

31(2)       A dissolution regulation may

(a) direct that all or part of the land in the dissolved municipality becomes part of another municipality; and

(b) provide for the winding up of the municipality.

SUBDIVISION 3

PROCEDURE FOR CHANGE OF NAME

Change of name regulation

32          The Lieutenant Governor in Council may, on the request of the council of a municipality and on the recommendation of the minister, change the name of the municipality by amending the regulation forming the municipality.

Effect of name change

33(1)       The change of a name of a municipality does not affect any obligation, right, action or property of the municipality.

Use of former name

33(2)       The use of the former name of the municipality in any proceedings, agreements, notices or documents after the name is changed does not affect their validity.

SUBDIVISION 4

AMALGAMATION AND ANNEXATION PROPOSALS

Proponents

34(1)       A proposal to amalgamate two or more municipalities or for the annexation by a municipality of land from another municipality may be initiated by

(a) the minister; or

(b) the council of a municipality.

Initiating a proposal

34(2)       A proponent may initiate a proposal under subsection (1) by filing a written proposal with The Municipal Board.

Content of proposal

35          A proposal must include

(a) a statement that the proposal is for the amalgamation of two or more municipalities or for the annexation by a municipality of land from another municipality;

(b) the names of the municipalities proposed to be amalgamated or a description of the area of land to be annexed and the municipality in which it is located;

(c) the reasons for the proposal;

(d) the name of each municipality and local authority that could be affected by the proposed amalgamation or annexation;

(e) if a local urban district is proposed to be formed in connection with an amalgamation, a description of the area of the proposed local urban district; and

(f) a description of a process for consulting about the proposal with

(i) local authorities that could be affected by the proposed amalgamation or annexation, and

(ii) the public.

Notice when minister is proponent

36(1)       When the minister is the proponent, he or she must without delay give a copy of the proposal to every municipality and local authority that could be affected by it.

Notice when council is proponent

36(2)       When the council of a municipality is the proponent, it must without delay give a copy of the proposal to

(a) the minister; and

(b) every other municipality and every local authority that could be affected by it.

REPORT BY PROPONENT

Negotiations and consultations

37(1)       Without delay after the proposal is filed with The Municipal Board and copies of the proposal are given under section 36, the proponent must

(a) meet with affected municipalities to discuss the proposal and to negotiate it in good faith; and

(b) consult about the proposal with local authorities and the public in a manner that substantially accords with the process for consultation set out in the proposal.

Report on negotiations and consultations

37(2)       Without delay after concluding the negotiations and consultations, the proponent must prepare a report that describes the results of the negotiations and consultations and that includes

(a) a description of the negotiations undertaken and a summary of the views expressed;

(b) a description of matters agreed on and not agreed on by the proponent and affected municipalities;

(c) a description of the consultations undertaken and a summary of the views expressed;

(d) a statement of the content of the original proposal and particulars of any amendments to the proposal made in the report and the reasons for them;

(e) a list of studies prepared by or for the proponent respecting the proposal and a summary of their findings; and

(f) a statement as to whether the proponent intends to proceed with the proposal at all or as initiated or in an amended form.

Report to Municipal Board

37(3)       The proponent must without delay file with The Municipal Board the report and a copy of each study prepared by or for the proponent.

Application of sections 16 to 22

38          Sections 16 to 22 apply with such modifications as the circumstances require to a proposal for the amalgamation of two or more municipalities or to the annexation by a municipality of land in another municipality.

Duties and powers in making decision

39(1)       In deciding whether to recommend an amalgamation or annexation application, The Municipal Board

(a) must consider the application in relation to the principles, standards and criteria established under clause 7(b) on the amalgamation of municipalities or the annexation of land from municipalities;

(b) must consider the evidence and submissions made at any public hearing the Board holds;

(c) may investigate, analyse and make findings of fact about the amalgamation or annexation and its potential effect on each affected municipality and local authority and on the residents and property owners of the proposed municipality or area proposed to be annexed;

(d) in the case of an annexation, may consider the viability, including the financial viability, of the municipality from which the land is annexed continuing to operate as a separate entity;

(e) may request a person, municipality, local authority or the minister to conduct such studies and seek such advice to support their position as the Board considers appropriate;

(f) in the case of an amalgamation, may request the minister to hold a vote or may require any one or more of the municipalities that are proposed to be amalgamated to hold a vote of the persons who would be voters of the municipality proposed to be formed;

(g) in the case of an annexation, may request the minister to hold a vote or may require a municipality to hold a vote of those persons who are voters of the area of the municipality proposed to be annexed or a vote of those persons who are voters of the municipality in which the area proposed to be annexed is located;

(h) may consider the results of a vote; and

(i) may do any other thing that the Board considers advisable.

Failure to conduct study

39(2)       Despite anything in this Division, The Municipal Board may decline to consider the position of a person, municipality or local authority that fails to comply with a request under clause (1)(e).

Vote held by municipality

39(3)       If a municipality holds a vote, the vote must be held in accordance with The Municipal Councils and School Boards Elections Act as modified by the directions given by The Municipal Board.

Vote held by minister

39(4)       If the minister holds a vote, the vote must be held in accordance with The Municipal Councils and School Boards Elections Act as modified by the directions given by the minister.

Regulations Act does not apply

39(5)       The Regulations Act does not apply to a direction under subsection (4).

S.M. 2005, c. 27, s. 158.

REPORT OF MUNICIPAL BOARD

Report of Municipal Board

40(1)       The Municipal Board must prepare a written report of its findings, its recommendations and the reasons for the recommendations and send the report to the minister.

Content of report

40(2)       A report by The Municipal Board to the minister

(a) must include a summary of the matters considered or actions taken under section 39;

(b) must set out a recommendation as to whether the proposed municipality should be formed or the land should be annexed by the municipality and the reasons for the recommendation;

(c) if the Board recommends the formation of the proposed municipality, must set out

(i) the status of the proposed municipality as an urban or rural municipality, its name and a description of its boundaries, and

(ii) any terms, conditions and other things the Board considers necessary or desirable to implement the formation; and

(d) if the Board recommends the annexation of land from the municipality, must set out

(i) a description of the land, and

(ii) any terms, conditions and other things the Board considers necessary or desirable to implement the annexation.

Notice of report

40(3)       The Municipal Board must without delay

(a) give a copy of its report to the proponent and any person to whom the proponent is required to give a copy of the proposal under section 36;

(b) notify every affected municipality that it must make a copy of the report available for inspection at the municipal office on request; and

(c) notify each person who filed an objection to, or who in writing indicated support for, the application that a copy of the report is available for inspection on request at the municipal office of every affected municipality.

Availability of report

40(4)       An affected municipality must make a copy of the report available for inspection at its municipal office for a reasonable period after receipt of the notice.

Copy of report to be provided on payment of fee

40(5)       The chief administrative officer must provide a copy of the report to a person who pays any fee set for the report by the council.

Fee

40(6)       The fee must not exceed a comparable fee payable under The Freedom of Information and Protection of Privacy Act.

S.M. 2001, c. 30, s. 3.

Referral of report by minister

41          The minister must refer a report of The Municipal Board to the Lieutenant Governor in Council.

Reference to Municipal Board

42          If the minister has referred a report to the Lieutenant Governor in Council, the Lieutenant Governor in Council, whether or not it has made a regulation in relation to the report, may

(a) refer any matter relating to the amalgamation of municipalities or the annexation of land from a municipality to The Municipal Board for its consideration and recommendations; and

(b) request the Board to make recommendations on any other matter that the Lieutenant Governor in Council considers relevant.

Notice when no regulation is made

43          If no amalgamation or annexation regulation is made in relation to a report of The Municipal Board, the minister must notify

(a) the proponent and every affected municipality and local authority; and

(b) each person who filed with the Board a document indicating support for or objection to the application.

No further proposals for one year

44          A person, other than the minister, who initiates a proposal to amalgamate municipalities or to annex land from a municipality must not initiate another proposal with respect to substantially the same land for a period of one year

(a) from the date a regulation is made in relation to proposal; or

(b) from the date the last notice under section 43 is given.

AMALGAMATION AND ANNEXATION REGULATIONS

Validity of amalgamation or annexation regulation

45          An amalgamation or annexation regulation is not invalid by reason only that it

(a) varies or does not give effect to a recommendation or is not recommended in a report; or

(b) varies or does not give effect to one or more of the other terms, conditions or things in the report.

Amalgamation regulation

46(1)       The Lieutenant Governor in Council may by regulation amalgamate municipalities to form a new municipality.

Requirements of regulation

46(2)       A regulation to amalgamate municipalities may

(a) dissolve one or more of the councils of the municipalities that are amalgamated;

(b) provide for an interim council;

(c) deal with any of the matters referred to in section 30;

(d) if the amalgamated municipality is a rural municipality, form a local urban district in the municipality and deal with any of the matters referred to in sections 64 and 69 (formation of local urban districts).

Amalgamation within three months after election

46(3)       Notwithstanding sections 86 and 99, where an amalgamation takes place within three months after a general election, a regulation to amalgamate municipalities may provide that

(a) the members of the council of the amalgamated municipality are to be elected at the general election prior to the amalgamation, but their terms of office do not begin until the date of the amalgamation; and

(b) the terms of office of the members of the councils of the municipalities from which the amalgamated municipality is to be formed are extended to the date of the amalgamation, without those members being re-elected.

S.M. 1998, c. 33, s. 5.

Annexation regulation

47          The Lieutenant Governor in Council, on the recommendation of the minister, may by regulation annex land from a municipality to another municipality.

Minor annexation

48          Despite any provision of this Act, the Lieutenant Governor in Council may by regulation annex land from a municipality to another municipality if the minister believes that

(a) the proposed annexation is of a minor nature; and

(b) there is no dispute about the proposed annexation.

Requirements of annexation regulation

49          A regulation to annex land from a municipality to another municipality may

(a) dissolve a municipality as a result of the annexation;

(b) deal with any of the matters referred to in sections 30 and 31.

SUBDIVISION 5

GENERAL PROVISIONS RELATING TO REGULATIONS

Effect of certain regulations

50(1)       When a regulation under this Division has the effect of including or placing an area of land that was in one municipality (in this section called the "old municipality") in another municipality (in this section called the "new municipality") as a result of formation, dissolution, amalgamation or annexation then, unless the regulation otherwise provides,

(a) the new municipality becomes the successor of the old municipality respecting that land and the old municipality ceases to have any jurisdiction respecting that land;

(b) the assets, liabilities, rights and obligations of the old municipality that relate to that land pass to the new municipality and cease to be those of the old municipality;

(c) if at the time when the proposal is initiated under section 10 (formation or dissolution) or 34 (amalgamation or annexation) or after the proposal but before a regulation in relation to it is made, any land or any portion of it is designated or required to be provided as a public reserve under The Planning Act, the ownership of the land becomes vested in the new municipality in place of the old municipality; and

(d) by-laws and resolutions of the old municipality continue to apply to the new municipality until repealed or others are made in their place by the new municipality.

When public reserve sold

50(2)       If the land referred to in clause (1)(c) is sold or money instead of land is received by the old municipality after the proposal is initiated under section 10 (formation or dissolution) or 34 (amalgamation or annexation) or after the proposal but before a regulation is made is received, the proceeds of the sale or the money received must be paid to the new municipality.

Use of proceeds or money

50(3)       The new municipality may use the proceeds of the sale or the money received only for a purpose for which the old municipality could have used it.

Powers of minister

50(4)       The minister may

(a) authorize the council of the new municipality to impose an additional tax under Part 10 (Powers of Taxation) on the land to meet obligations under a borrowing made by the old municipality in respect of that land;

(b) make any provision necessary to protect any rights that any person has in relation to the land; or

(c) direct the transfer of assets and liabilities from one municipality to another.

Power to transfer land and other property

51          When a regulation or direction under this Division requires the ownership of land or other property to be transferred to a municipality, the minister may do whatever is necessary to give effect to subsection 50(1) or a direction under clause 50(4)(c).

Additional matters under certain regulations

52(1)       A regulation made under section 30 (formation), 31 (dissolution), 32 (change of name), 46 (amalgamation), 47 or 48 (annexation) may, in relation to any municipality affected by the regulation, contain provisions dealing with one or more of the following:

(a) assessment and taxation — in the case of a formation, amalgamation, annexation or dissolution — which may include

(i) phasing in increases or decreases in taxes that are directly attributable to the formation, amalgamation, annexation or dissolution, and

(ii) setting different rates of taxation for areas within the municipality based on their access to services provided by the municipality;

(b) property;

(c) employees;

(d) any matter required to properly deal with the formation, dissolution, change of name, amalgamation or annexation, whether transitional or otherwise;

(e) 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)

52(2)       The provisions referred to in subsection (1) may deal with rights, obligations, liabilities, assets and any other thing that the Lieutenant Governor in Council considers is appropriate to be dealt with in the regulation.

Amendment or repeal of regulation

52(3)       The Lieutenant Governor in Council may amend or repeal a provision referred to in subsection (1) that is contained in a formation, dissolution, change of name, amalgamation or annexation regulation without having to comply with the requirements for passing the original regulation.

S.M. 1998, c. 33, s. 6; S.M. 2001, c. 30, s. 4.

Retroactivity and coming into force

53(1)       A regulation of the Lieutenant Governor in Council under this Division may provide

(a) for the retroactive application of the regulation or any of its provisions; and

(b) that the regulation or any of its provisions come into force on different dates.

Limit on retroactivity

53(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

53(3)       An error in any regulation made under this Division 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.

DIVISION 3

LOCAL URBAN DISTRICTS: FORMATION, FUNDAMENTAL CHANGES AND DISSOLUTION

Interpretation of sufficient petition

54          In this Division, a sufficient petition means a sufficient petition within the meaning of Division 3 of Part 5.

55          Repealed.

S.M. 1999, c. 28, s. 6.

Requirements to form local urban district

56          A local urban district may be formed for a locality in a municipality if the locality

(a) has at least 250 residents and a population density of at least 400 residents per square kilometre or such other density as the minister may in a specific case consider sufficient for the type and level of services to be provided in the local urban district;

(b) is wholly within the boundary of a rural municipality; and

(c) is contiguous with the rest of the locality and there is no area within the boundary of the local urban district that is not part of it.

Initiating a petition

57(1)       A majority of the voters of a locality in a rural municipality may initiate the formation of a local urban district by submitting to the council of the municipality a sufficient petition to form a local urban district.

Content of petition

57(2)       A petition to form a local urban district

(a) must include a description of the area and the name of the proposed local urban district; and

(b) may include a proposed effective date for the formation.

S.M. 2005, c. 27, s. 158.

Direct negotiations

58          Without delay after a sufficient petition is submitted, the council of the municipality must meet with the representative of the petitioners to discuss the petition and to negotiate it in good faith.

Procedure on agreement

59          If the council of the municipality and the representative of the petitioners agree on the description of the area and the name of the proposed local urban district, the council must submit to the minister a request to form the local urban district.

Procedure when no agreement

60(1)       If the council of the municipality and the representative of the petitioners do not agree on the description of the area and the name of the proposed local urban district, the council or the representative may refer the formation petition to The Municipal Board for its recommendation.

Municipal Board

60(2)       The Municipal Board must consider a petition to form a local urban district referred to it and must make a recommendation to the minister.

Referral of request or recommendation to L.G. in C.

61          The minister must refer the request of a municipality to form a local urban district or a recommendation of The Municipal Board in relation to the formation of a local urban district to the Lieutenant Governor in Council.

Notice when no regulation is made

62          If a regulation forming a local urban district is not made in relation to a request by the council of a municipality or a recommendation of The Municipal Board,

(a) the minister must without delay notify the council and the representative of the voters named in the petition; and

(b) the voters must not initiate a petition to form a local urban district that includes substantially the same land as that described in the petition for a period of one year from the date of the notice under clause (a).

S.M. 2005, c. 27, s. 158.

Validity of regulation

63          A formation regulation is not invalid by reason only that it varies or does not give effect to a request or recommendation or is not requested or recommended.

Formation regulation

64(1)       The Lieutenant Governor in Council may make a regulation forming a local urban district.

Requirements of regulation

64(2)       A formation regulation must state the name of the district and describe its area.

Initiating amendment

65(1)       A committee of a local urban district may initiate an amendment to a formation regulation by submitting a request setting out the amendment to the council of the municipality in which the local urban district is located.

Amending formation regulation

65(2)       Sections 58 to 61, clause 62(a) and sections 63 and 64 apply with necessary modifications to the amendment of a formation regulation.

Amendment of boundaries only once a year

65(3)       The boundaries of a local urban district must not be amended more than once a year.

Initiating a dissolution of local urban district

66(1)       The dissolution of a local urban district may be initiated

(a) by a sufficient petition of 2/3 of the voters of the district submitted to the council of the municipality in which the local urban district is located; or

(b) by a request to the minister from the council of the municipality in which the local urban district is located if in two consecutive general elections, there are not at least two persons nominated as members of the committee of the local urban district.

Referral of petition to minister

66(2)       The council of the municipality that receives a petition under clause (1)(a) must submit the petition to the minister.

Referral of petition or request to L.G. in C.

66(3)       The minister must refer a petition or request to dissolve a local urban district to the Lieutenant Governor in Council.

S.M. 2005, c. 27, s. 158.

Dissolution regulation

67(1)       The Lieutenant Governor in Council may make a regulation dissolving a local urban district.

Limitation on forming local urban district again

67(2)       A local urban district that is dissolved may not be reformed for a period of six years.

Notice when no regulation made

68          If a regulation dissolving a local urban district is not made in relation to a petition or request, the minister must without delay notify the council and the representative of the petitioners, in the case of a petition, and the council, in the case of a request.

Transitional and other matters

69          A regulation forming a local urban district, a regulation amending a formation regulation or a regulation dissolving a local urban district may contain a provision dealing with one or more of the following:

(a) any matter required to properly deal with the formation, amendment or dissolution of the local urban district, whether transitional or otherwise;

(b) the application, addition, change or substitution of a provision of this Act or any regulation under this Act.

DIVISION 4

FORMATION OF RURAL MUNICIPALITIES AND ANNEXATION OF LAND FROM THE CITY OF WINNIPEG

Application of Division

70          This Division applies to

(a)  the formation of a rural municipality from land in The City of Winnipeg; and

(b) the annexation of land within the boundaries of The City of Winnipeg by a municipality.

Study required before making regulation

71          The Lieutenant Governor in Council must not make a regulation for the formation of a rural municipality from the land in The City of Winnipeg or for the annexation of land within the boundaries of The City of Winnipeg by a municipality unless a study of the impact of the proposed formation or the proposed annexation is conducted and made public.

Boundary alteration referred to Municipal Board

72          When the Lieutenant Governor is of the opinion that it may be advisable to alter the area or boundaries of the city

(a) by forming a rural municipality from land within the city; or

(b) by the annexation of land within the boundaries of Winnipeg by a municipality;

the Lieutenant Governor in Council may refer the matter to The Municipal Board for its consideration and recommendations and may request the Board to consider and make special recommendations on matters that the Lieutenant Governor in Council considers relevant to the proposed alteration.

Vote may be held

73(1)       The Lieutenant Governor in Council may direct the minister to hold any vote that the Lieutenant Governor in Council considers appropriate about the formation of a rural municipality from land in The City of Winnipeg or about the annexation of land within the boundaries of The City of Winnipeg by a municipality.

Application of The Municipal Councils and School Boards Elections Act

73(2)       A vote directed by the Lieutenant Governor in Council must be held in accordance with The Municipal Councils and School Boards Elections Act as modified by the directions given by the Lieutenant Governor in Council.

Regulations Act does not apply

73(3)       The Regulations Act does not apply to a direction under subsection (2).

S.M. 2000, c. 35, s. 59; S.M. 2005, c. 27, s. 158.

Application of Division 2 to formation regulations

74(1)       Section 30 (formation regulations) and Subdivision 5 (General Provisions Relating to Regulations) of Division 2 apply with necessary modifications to the formation of a rural municipality from land within the boundaries of The City of Winnipeg.

Interpretation

74(2)       The powers of the minister under Subdivision 5 (General Provisions Relating to Regulations) of Division 2 are to be read as powers of the Lieutenant Governor in Council.

Initiating an annexation

75(1)       The council of a municipality may request the annexation of land from The City of Winnipeg by making a request to the minister that describes the area of land to be annexed.

Annexation regulation

75(2)       The Lieutenant Governor in Council may make an annexation regulation with or without a request from the council of a municipality.

Application of Division 2 to annexation regulations

75(3)       Section 49 (annexation regulations) and Subdivision 5 (General Provisions Relating to Regulations) of Division 2 apply with necessary modifications to the annexation by a municipality of land within the boundaries of The City of Winnipeg.

Interpretation

75(4)       The powers of the minister under Subdivision 5 (General Provisions Relating to Regulations) of Division 2 are to be read as powers of the Lieutenant Governor in Council.

Minor annexation

76          Despite any provision of this Act or The City of Winnipeg Charter, the Lieutenant Governor in Council may by regulation annex land from The City of Winnipeg to a municipality if the minister believes that

(a) the proposed annexation is of a minor nature; and

(b) there is no dispute about the proposed annexation.

S.M. 2002, c. 39, s. 535.

PART 3

COUNCILS

DIVISION 1

GENERAL

Council is governing body

77(1)       Each municipality is governed by a council.

Council is continuing body

77(2)       A council is a continuing body.

Composition

78          A council is composed of

(a) the head of the council; and

(b) not fewer than four and not more than 10 councillors.

Number of councillors

79(1)       A council may by by-law change the number of councillors.

By-law applying to next general election

79(2)       If the by-law is passed 180 or more days before the next general election, it takes effect at the election.

By-law applying after next general election

79(3)       If the by-law is passed fewer than 180 days before the next general election, it takes effect at the second general election after the by-law is passed.

Public notice required

79(4)       The council must give public notice of the proposed by-law before third reading.

Titles of councillors and head of council

80          A councillor is to have the title "councillor" and the head of a council is to have the title "mayor", "reeve" or "head of council" as the council may designate in its organizational by-law.

Youth member

81(1)       A council may appoint a person with the title "youth member" to sit with the council and to participate in its deliberations, for a term and on conditions that the council may decide.

Qualification

81(2)       A youth member must be less than 18 years of age or enrolled as a full-time student in a school.

Youth member not counted for quorum or vote

81(3)       A youth member is not counted for the purpose of determining a quorum or deciding a vote of the council.

Council's role

82          A council is responsible

(a) for developing and evaluating the policies and programs of the municipality;

(b) for ensuring that the powers, duties and functions of the municipality are appropriately carried out; and

(c) for carrying out the powers, duties and functions expressly given to the council under this or any other Act.

General duties of members

83(1)       Each member of a council has the following duties:

(a) to consider the well-being and interests of the municipality as a whole and to bring to the council's attention anything that would promote the well-being or interests of the municipality;

(b) to participate generally in developing and evaluating the policies and programs of the municipality;

(c) to participate in meetings of the council and of council committees and other bodies to which the member is appointed by the council;

(d) to keep in confidence a matter that is discussed at a meeting closed to the public under subsection 152(3) and that the committee decides to keep confidential until the matter is discussed at a meeting of the council or of a committee conducted in public;

(e) to perform any other duty or function imposed on the member by the council or this or any other Act.

Duties of the head of council

83(2)       In addition to performing the duties of a member of a council, the head of council has a duty

(a) to preside when in attendance at a council meeting, except where the procedures by-law or this or any other Act otherwise provides;

(b) to provide leadership and direction to the council; and

(c) to perform any other duty or function assigned to a head of council by the council or by this or any other Act.

Member may discuss confidential matter with C.A.O.

84           Despite clause 83(1)(d), a member may discuss with the chief administrative officer or a designated officer a matter referred to in that clause before the matter is made public as provided in that clause.

Matters that a council may delegate

85(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 head of council, a council committee, the chief administrative officer or a designated officer, unless the by-law or Act otherwise provides.

Matters that a council may not delegate

85(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 chief administrative officer;

(c) its duty to hold a public hearing under this Act; or

(d) a duty to decide appeals imposed on it by a by-law or this or any other Act, whether generally or on a case by case basis, unless the delegation is to a council committee and authorized by by-law.

DIVISION 2

ELECTIONS

General election of council every four years

86(1)       Each municipality must hold a general election on the fourth Wednesday of October in the year 1998 and in each fourth year thereafter.

86(2)       Repealed, S.M. 2005, c. 27, s. 158.

General election in Dunnottar, Victoria Beach and Winnipeg Beach

86(3)       Despite subsection (1), the following municipalities must hold a general election on the fourth Friday of July in the year  2006 and in each fourth year after that:

(a) the Village of Dunnottar;

(b) the Rural Municipality of Victoria Beach;

(c) the Town of Winnipeg Beach.

S.M. 1998, c. 33, s. 7; S.M. 2005, c. 27, s. 158.

Election by whole municipality or by wards

87(1)       Every member of a council is to be elected by a vote of the voters of the whole municipality unless the council by by-law provides that the councillors are to be elected on the basis of wards.

By-law for election by wards

87(2)       If, on the day this Act comes into force, the councillors of a municipality are elected on the basis of wards, the council must pass a by-law under this section to continue elections on the basis of wards.

By-law effective for next general election

87(3)       A by-law under this section must

(a) take effect only at a general election; and

(b) be passed at least 180 days before the general election at which it is to take effect.

Public notice required

87(4)       The council must give public notice of the proposed by-law before third reading.

Content of by-law

87(5)       A by-law under this section must

(a) divide the municipality into wards and establish their boundaries; and

(b) give each ward a name or number, or both.

S.M. 2005, c. 27, s. 158.

Criteria for division into wards

88          In dividing a municipality into wards and establishing ward boundaries, or in making a change in the number of wards or ward boundaries, a council

(a) must try to achieve an approximately equal number of residents in each ward; and

(b) may take into consideration

(i) community or diversity of interests,

(ii) topographical features,

(iii) settlement patterns, and

(iv) population trends.

Review by Municipal Board

89(1)       If requested in writing by at least 25 voters of the municipality, The Municipal Board may review a by-law that divides a municipality into wards and establishes ward boundaries or a by-law that eliminates wards or changes the number of wards or the ward boundaries.

Hearing

89(2)       The Municipal Board must hold a hearing when it conducts a review.

Power on review

89(3)       If on a review The Municipal Board is not satisfied that the by-law is appropriate, the Board may

(a) refer the by-law back to the council for further consideration; or

(b) require the council to amend the by-law as directed by the Board.

S.M. 2005, c. 27, s. 158.

Eligibility for nomination and election

90(1)       A person is eligible to be nominated as a candidate and elected as a member of a council if the person is

(a) at least 18 years of age on the day of the election;

(b) a Canadian citizen;

(c) a resident of the province;

(d) a voter of the municipality; and

(e) not subject to any disqualification under this or any other Act.

Application to Flin Flon

90(2)       Despite clause (1)(c), a person who is a resident of the boundary area defined in The Flin Flon Extension of Boundaries Act, S.M. 1989-90, c. 73, is eligible to be nominated and elected as a member of the council of the City of Flin Flon.

S.M. 2005, c. 27, s. 158.

Persons who are disqualified

91          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 or the Senate or House of Commons of Canada; or

(d) subject to section 92, an employee of the municipality.

Definition

92(1)       In this section "employee" means a person employed by a municipality or by 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 municipality, but does not include a person who volunteers services to the municipality, whether or not the person receives reasonable compensation or expense money from the municipality for his or her voluntary service.

Rights of employees in elections

92(2)       An employee may

(a) subject to subsection (3), seek nomination as, and be, a candidate in a municipal, provincial or federal election and, if elected, serve; and

(b) support, speak or write on behalf of a candidate or a political party in an election, if in doing so the employee does not reveal any information or matter concerning the municipality or body by which the employee is employed, or any information that the employee procures or that comes to the employee's knowledge solely because of the employment.

Exception of chief administrative officer

92(3)       Clause (2)(a) does not apply to a chief administrative officer in respect of the municipality by which the officer is employed.

Leave of absence for municipal election

92(4)       An employee who proposes to become a candidate for election as a member of the council of the municipality by which he or she is employed may apply to the chief administrative officer, on or before the last day for the nomination of candidates, for a leave of absence for a period starting on the last day on which nomination papers may be filed and ending not later than 30 days after the day on which the results of the election are officially declared, or for any part of that period, and every such application must be granted.

Candidacy in other elections

92(5)       An employee who proposes to become a candidate for election as a member of the Legislative Assembly or the House of Commons may apply to the chief administrative officer for leave of absence for a period starting on the day on which the writ for the election is issued and ending

(a) where the employee is nominated as a candidate, not later than 30 days after the day on which the results of the election are officially declared; and

(b) where the employee is not nominated as a candidate, not earlier than the day fixed by law for the nomination of candidates in the election;

or a part of the applicable period of time, as requested by the employee; and every such application must be granted.

Nature of leave of absence

92(6)       A leave of absence granted under subsections (4) and (5) must be granted

(a) where the employee is entitled to vacation leave with pay, and the employee so requests, as vacation leave with pay until the vacation leave with pay expires and after that time as leave without pay; or

(b) as leave without pay.

Election as member of council or committee of L.U.D.

92(7)       An employee who is elected as a member of the council or the committee of a local urban district in the municipality by which the employee is employed must be placed on a leave of absence without pay for a period starting on the date of the election and ending on the earlier of

(a) the expiry of eight years and one month after the day of the election; and

(b) one month after the employee ceases to be a member of the council or committee.

Election as M.L.A. or M.P.

92(8)       An employee who is elected to the Legislative Assembly or the House of Commons may apply to the municipality for a leave of absence without pay for a period starting on the day of the election and ending on the earlier of

(a) the expiry of five years and four months after the day of the election; and

(b) three months after the employee ceases for any reason to be a member of the Legislative Assembly or House of Commons;

and every such application must be granted.

Reinstatement of defeated candidate

92(9)       An employee who is granted a leave of absence under subsection (4) or (5) and who is not elected must, on application before the expiry of the leave of absence, be reinstated to the position held immediately before the date of the leave of absence.

Reinstatement of elected candidate

92(10)      An employee who is placed on or granted a leave of absence under subsection (7) or (8) may, before the expiry of the leave of absence, apply to the municipality to be reinstated and, as long as the employee is not a member of the council, the employee must, within 60 days, be reinstated to the position held immediately before the date the leave of absence is granted or to a reasonably equivalent position.

Rights during leave of absence

92(11)      Where a person is placed on or granted a leave of absence under this section,

(a) the period of service before the leave of absence begins, and the period of service after the leave of absence ends, is deemed for all purposes to be unbroken; and

(b) the period of the leave of absence, for the purpose of determining the seniority of the employee in relation to other persons in that employment, is deemed to be a period of service in the employment of the municipality.

Other benefits

92(12)      The rights of an employee to benefits to which employees are entitled during the period of a leave of absence must be determined in accordance with the terms of the collective agreement or other agreement or a policy of the municipality under which the benefits are provided, and the period of the leave of absence must be treated, for the purpose of qualification for a benefit, in accordance with the agreement or policy.

S.M. 1998, c. 33, s. 8; S.M. 1999, c. 28, s. 7.

93          Repealed.

S.M. 2005, c. 27, s. 158.

When member becomes disqualified

94(1)       A member of a council is disqualified from council if he or she

(a) is absent for the full duration of three consecutive regular council meetings 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;

(b) is the councillor appointed to the committee of a local urban district under clause 112(1)(a) and is absent for the full duration of three consecutive regular committee meetings unless the absences are with the leave of the committee granted by a resolution of the committee passed at any one of the three meetings, a prior meeting or the next meeting following the third absence;

(c) when nominated or elected, was not eligible as a candidate under this Act;

(d) is liable to the municipality under a judgment in an action under section 171;

(e) 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;

(f) 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);

(g) ceases to be qualified as a voter; or

(h) breaches the requirement of confidentiality under clause 83(1)(d).

Eligibility at next election

94(2)       A member of a council who is disqualified under this section is eligible to be elected at the next general election in the municipality if the person is then otherwise eligible for nomination under section 90.

Eligibility after disqualification under Conflict of Interest Act

94(3)       A member of a council who is disqualified under The Municipal Council Conflict of Interest Act is eligible to be elected at the next general election in the municipality if the person is then otherwise eligible for nomination under section 90.

S.M. 2005, c. 27, s. 158.

Disqualified person must resign

95(1)       A member of a council who is disqualified under this Act must resign immediately.

Application to court

95(2)       If the member of a council does not resign immediately upon disqualification, the court may, on application, declare the member to be disqualified and his or her position on the council to be vacant.

How application made

95(3)       An application for a declaration that alleges that the member

(a) is disqualified as of the day of the election must be made under Part 9 (Challenging Results of Election or Vote) of The Municipal Councils and School Boards Elections Act; and

(b) is disqualified as of a date that is after the day of the election must be made in accordance with this section.

Who may apply

95(4)       An application for a declaration under this section may be made by the council or by 10 or more voters.

When application may be made

95(5)       An application under this section must be made during the member's term of office.

Powers of court on application

95(6)       After hearing an application under this section, the court may

(a) declare the member to be disqualified and the member's position on the council to be vacant; or

(b) dismiss the application.

S.M. 2005, c. 27, s. 158.

Appeal

96(1)       The decision of a court under section 95 may be appealed to The Court of Appeal.

No stay

96(2)       A person who is declared to be disqualified under section 95 remains disqualified until the appeal is finally determined.

Reinstatement

96(3)       If, on the final determination of the appeal, the disqualification is set aside, The Court of Appeal may reinstate the person as a member of the council for any unexpired portion of the term of office for which he or she was elected and require any person who has been elected to fill the balance of that term to vacate the office.

No reinstatement if term has expired

96(4)       If, on the final determination of the appeal, the disqualification is set aside but the term of office for which the person was elected has expired, the person must not be reinstated but is eligible to be elected at the next election in the municipality if otherwise qualified.

Reimbursement of costs and expenses

97          If an application under section 95 is dismissed, the council may reimburse the person in respect of whom the application was made for any costs and expenses that the council considers reasonable, other than costs awarded to the person by the court.

98          Repealed.

S.M. 1998, c. 33, s. 9.

Term of office after general election

99(1)       The term of office of a member of a council elected at a general election starts at 12 noon on the day following the election and ends at 12 noon on the day following the next general election.

Powers of outgoing council after election day

99(2)       After a general election, the outgoing council may exercise only the powers that are required to be exercised under The Emergency Measures Act before the first meeting of the new council.

First meeting of new council after election

100         The first meeting of an incoming council after a general election must be held within 30 days after the day of the election.

Oath of office

101(1)      A person elected as a member of a council must make and file with the chief 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.

Failure to comply

101(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 general election.

Vacancy in councillor position after general election

102(1)      If a councillor position is not filled at a general election, 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 head of council position after general election

102(2)      If the position of head of council is not filled at a general election, the councillors who are elected may appoint one of their number as the head of council, in which case the appointed councillor is deemed to have been elected as the head of council at the election and a by-election must be held to fill the councillor position.

Vacancy after by-election

102(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 modifications.

Section does not apply in case of a tie or death

102(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.

S.M. 2005, c. 27, s. 158.

Appointment of administrator if no council or quorum

103         Despite section 102, if the number of members of a council is fewer than is required for a quorum or if a council resigns, the Lieutenant Governor in Council may appoint an administrator for the municipality, in which case the provisions of Division 6 (Municipalities in Financial Difficulties) of Part 6 relating to administrators apply with necessary modifications.

Resignation of member

104(1)      The resignation of a member must be in writing and given to the chief administrative officer.

Effective day of resignation

104(2)      A resignation is effective and a vacancy on the council occurs at the time the resignation is given to the chief administrative officer despite any other date set out in the resignation, and the resignation may not thereafter be revoked.

104(3)      Repealed, S.M. 2005, c. 27, s. 158.

C.A.O. to report resignation to council

104(4)      The chief administrative officer must report a resignation at the first meeting of the council after the resignation is received.

S.M. 2005, c. 27, s. 158.

By-election to fill vacancy on council

105(1)      Subject to section 102 (vacancy after election), a council must hold a by-election to fill a vacancy on the council as soon as is reasonably possible unless

(a) the vacancy occurs in the six months before the next general election; or

(b)  the vacancy occurs in the 12 months before the next general election 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 head of council by councillors

105(2)      If the position of head of council becomes vacant and a by-election is not required under subsection (1), the council may appoint one of their number as the head of council.

By-election to be held on request of council

105(3)      The 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.

S.M. 2005, c. 27, s. 158.

Term of office of appointed member

106(1)      The term of office of a member of a council who is appointed by the council starts when the appointment is made and ends at 12 noon on the day following the next general election.

Term of office of member elected at by-election

106(2)      The term of office of a person who is elected at a by-election as a member of a council starts at 12 noon on the day following the by-election and ends at 12 noon on the day following the next general election.

Appointed, elected person to file oath of office

106(3)      Section 101 (oath of office) applies with necessary modifications to a person appointed by a council or elected at a by-election.

DIVISION 3

COUNCIL COMMITTEES

Composition of council committees

107(1)      A council committee, other than the committee of a local urban district, 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.

Head of council is member of all committees

107(2)      The head of council is a member of all council committees referred to in subsection (1) unless the council expressly provides otherwise in its organizational by-law.

When committee resolution binds council

108         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

109(1)      The following provisions apply to council committees, with necessary modifications:

(a) section 133 (minutes);

(b) subsections 135(1), (2) and (4) (quorum);

(c) sections 136 and 138 (voting).

Council may exempt employee committee

109(2)      A council that establishes a committee composed entirely of municipal employees may exempt the committee from the application of subsection (1).

DIVISION 4

CONFLICT OF INTEREST

Application of Conflict of Interest Act to member of L.U.D. committee

110(1)      The Municipal Council Conflict of Interest Act, except subsections 3(1) and 7(4) (application to Winnipeg), as that Act applies to a councillor, applies with necessary modifications to a person who

(a) is a member of the committee of a local urban district; and

(b) is not a councillor.

Application of Conflict of Interest Act to member of committee other than L.U.D. committee

110(2)      The Municipal Council Conflict of Interest Act, except subsections 3(1) and 7(4) (application to Winnipeg), sections 9 to 13 (disclosure of assets) and subsection 18(2) (disqualification for failure to file statement), as that Act applies to a councillor, applies with necessary modifications to a person who

(a) is a member of a council committee other than the committee of a local urban district; and

(b) is not a councillor.

Interpretation of subsection (2)

110(3)      For greater certainty, in relation to a member of a council committee described in subsection (2), a reference in subsection 18(1) (disqualification for violation) and clause 21(2)(a) (penalty for violation) of The Municipal Council Conflict of Interest Act

(a) to a councillor's disqualification from office is to be read as a reference to the disqualification of a member of the council committee from sitting on a committee of the council; and

(b) to a councillor's seat becoming vacant is to be read as revocation of the membership of the member on the council committee.

Eligibility of elected member of L.U.D. committee after disqualification

111         An elected member of the committee of a local urban district who is disqualified under The Municipal Conflict of Interest Act is eligible to be elected at the next general election in the municipality if the person is then otherwise eligible for nomination under this Act.

DIVISION 5

LOCAL URBAN DISTRICTS

Status and membership of committee

112(1)      The committee of a local urban district is a committee of the council of the municipality in which the district is located and consists of

(a)  a councillor of the municipality appointed by the council; and

(b) not more than three members elected by the voters of the local urban district.

112(2)      Repealed, S.M. 1999, c. 28, s. 8.

Councillor when municipality has wards

112(3)      If the councillors of the municipality are elected from wards, the council must appoint the councillor elected for the ward in which the local urban district, or most of the local urban district, is located.

S.M. 1999, c. 28, s. 8; S.M. 2005, c. 27, s. 158.

District to vote in election of committee members

113(1)      Every elected member of the committee of a local urban district is to be elected by a vote of the whole of the district.

Provisions applicable to election

113(2)      The following provisions apply with necessary modifications to the election of members of the committee of a local urban district who are to be elected:

(a) section 86 (general elections);

(b) section 90 (eligibility for nomination);

(c) section 91 (persons who are disqualified);

(d) section 92 (leave of absence);

(e) repealed, S.M. 2005, c. 27, s. 158;

(f) section 94 (disqualification);

(g) section 95 (disqualified person must resign);

(h) section 96 (appeal);

(i) section 97 (reimbursement);

(j) repealed, S.M. 2005, c. 27, s. 158;

(k) section 99 (term of office):

(l) section 100 (first meeting of new council);

(m) section 101 (oath of office);

(n) section 102, except subsection (2) (vacancy after election);

(o) section 104 (resignation);

(p) subsections 105(1) and (3) (by-election);

(q) subsections 106(2) (term of office of member elected at by-election) and (3) (oath of office).

Appointment when no quorum

113(3)      If the number of members of the committee of a local urban district elected is fewer than is required for a quorum, the council of the municipality in which the local urban district is located may appoint as a member of the committee a person, other than a councillor, who would be qualified to be nominated for election to the local urban district.

Person eligible for only one office

113(4)      A person is not eligible to be nominated for or elected

(a) to more than one office on the committee of a local urban district at any one time; or

(b) to an office on the committee of more than one local urban district.

Municipal Councils and School Boards Elections Act applies

113(5)      Subject to this section, the election of members of the committee of a local urban district must be conducted in accordance with The Municipal Councils and School Boards Elections Act.

S.M. 2005, c. 27, s. 158.

Committee of L.U.D. to pass procedures resolution

114(1)      The committee of a local urban district must by resolution establish rules of procedure and every committee must review the resolution at least once during its term of office.

Committee bound by procedures resolution

114(2)      The committee must govern itself in accordance with its procedures resolution.

Application of procedures by-law

114(3)      Subsection 149(3) (content of procedures by-law) applies with necessary modifications to a procedures resolution of the committee of a local urban district.

Duties of committee members

115         Subsection 83(1) (general duties of members of council) applies with necessary modifications to the members of the committee of a local urban district.

Compensation and expenses of committee members

116(1)      Subject to subsection (3), section 124 applies with necessary modifications to the committee of a local urban district and its members.

Interpretation of compensation provisions

116(2)      For greater certainty,

(a) a reference to a council acting by by-law is to be read as a reference to the committee of a local urban district acting by resolution; and

(b) a reference to a member of a council is to be read as a reference to the committee of the local urban district.

Limit on compensation and expenses

116(3)      A local urban committee must not set a rate for a type of payment that is greater than the rate set for councillors for that type of payment under section 124.

Compensation and expenses of appointed councillor

116(4)      A councillor appointed to the committee of a local urban district may accept payment under a by-law of the council under section 124 or the resolution of the committee under this section, but not both.

Responsibilities of committee

117(1)      The committee of a local urban district is responsible for

(a) preparing and adopting a service plan for the local urban district;

(b) submitting the service plan to the council before it adopts its operating and capital budgets; and

(c) the exercise of those powers delegated to it by the council of the municipality.

Restriction on delegation

117(2)      A council must not delegate to the committee of a local urban district or a member of a committee the power to enter into on behalf of, or administer, any contract of the municipality or to deliver any service on the municipality's behalf.

Definition

118(1)      In this section, "service" means

(a) the acquisition, development, upgrading or renewal of

(i) sewage collection, treatment and disposal facilities,

(ii) water supply, treatment and distribution facilities,

(iii) waste management facilities,

(iv) municipal roads,

(v) sidewalks,

(vi) street lights, or

(vii) a public park; or

(b) the maintenance and operation of anything described in clause (a).

Content of service plan

118(2)      A service plan must annually

(a) describe the proposed type and level of services to be provided in the local urban district;

(b) describe the area of the local urban district to which each of the types of service will be provided;

(c) specify that the services that are to be paid for by a tax imposed on property within the local urban district;

(d) contain an operating budget and a capital budget for the costs of the services, including the costs of the operation of the committee; and

(e) propose any local improvement or special service to be initiated in the local urban district under Division 4 (Local Improvements and Special Services) of Part 10 (Powers of Taxation).

Application of Part 6, Division 1

119(1)      Division 1 (Financial Plans) of Part 6 (Financial Administration) applies with necessary modifications to the operating and capital budgets of the committee.

Consultation with council

119(2)      Before adopting its service plan, the local urban committee must consult with the council.

Reserve fund

119(3)      When requested by the committee of a local urban district, the council must establish one or more reserve funds under section 168 into which the money received by the municipality for the purpose of the service plan or the part of that money specified in the request is to be deposited.

Administration of fund

119(4)      Despite subsection 168(2), no money may be paid out of a fund established at the request of the committee of a local urban district except

(a) in accordance with the service plan; or

(b) with the consent of the committee.

Duties of council

120(1)      The council in which a local urban district is located must

(a) consult with the local urban district before adopting its annual financial plan;

(b) adopt by resolution the service plan as submitted by the local urban committee;

(c) levy in each year against the property in the local urban district the taxes as specified in the services plan;

(d) provide the services and pay the costs of the committee by expending the revenue from the taxes referred to in clause (c) in accordance with the service plan;

(e) make a separate record of all money received and disbursed for the services covered by the plan; and

(f) on request, but not more frequently than once per month, provide to the committee a current statement of money received and disbursed in relation to the service plan for the local urban district.

When tax revenue insufficient

120(2)      If the tax revenue under the service plan is not sufficient to provide the services in accordance with the service plan, the council

(a) must notify the committee and meet with it to discuss the matter; and

(b) may, if the committee agrees, do one or more of the following

(i) cease to provide a type of service or reduce the level of a type of service, or

(ii) levy an additional tax against the property in the local urban district to raise the money in succeeding years, not to exceed three.

Excess tax revenue

120(3)      If in any year the taxes collected by a municipality under a service plan exceed its actual cost of providing the services, the municipality must

(a) place the excess in a fund that may be used only for the benefit of the properties in the local urban district in respect of which the taxes were imposed; or

(b) refund the excess to the taxpayers.

Prohibition re taxes

121         The council of a municipality in which a local urban district is situated must not levy in any year, in the district, a tax imposed in the rest of the municipality to provide a service that is already being levied for within the district.

Resolution of disputes by Municipal Board

122         If a committee and a council disagree about any matter relating to the type, level or delivery of services or the amount or sufficiency of a tax levy for services, the committee or the council may refer the matter to the minister who may request The Municipal Board to hear and determine the matter.

123         Repealed.

S.M. 1999, c. 28, s. 9.

DIVISION 6

COMPENSATION

Definitions

124(1)      In this section,

"compensation" includes a fee, salary, wage or any other payment for labour or services, however determined; (« rémunération »)

"expense" means an expense incurred by a member of a council or council committee in attending to municipal business, and includes automobile expenses or mileage, travel expenses, living expenses, registration and tuition fees, the costs of materials for a meeting, conference or course, out-of-pocket expenditures and any other expense provided for in a by-law passed under subsection (2); (« dépenses »)

"municipal business" means a duty or function that a member of a council or council committee is required to carry out under this or any other Act or a by-law or resolution, and includes attending a meeting, conference or course of instruction that relates to municipal purposes. (« travaux de la municipalité »)

Council may set compensation and expenses

124(2)      A council may by by-law set the types, rates and conditions of payments to be made to or on behalf of members of the council and council committees, other than the committee of a local urban district,

(a) as compensation for attending to municipal business;

(b) for expenses incurred while attending to municipal business; and

(c) for any other purpose relating to municipal business that the council considers appropriate.

Member may accept payment

124(3)      A member of a council or council committee may be paid and may accept an amount paid under a by-law passed under subsection (2).

Financial statements to show payments to members

124(4)      The annual financial statements of a municipality must show the amount of compensation, expenses and any other payment made to each person who is a member of the council or a council committee in sufficient detail that the type of each payment and the total amount of payments made to or on behalf of each member can be determined.

PART 4

CHIEF ADMINISTRATIVE OFFICER AND DESIGNATED OFFICERS

CHIEF ADMINISTRATIVE OFFICER

Establishment of position of C.A.O.

125(1)      Every council must establish by by-law the position of chief administrative officer and must appoint a person to the position.

Majority of number of members required

125(2)      The appointment of a person as chief administrative officer and any suspension or revocation of the appointment must be approved by a majority of the number of members comprising the council.

Council may give title other than "C.A.O."

125(3)      A council may give the position of chief administrative officer any title the council considers appropriate.

C.A.O. entitlement in certain circumstances

126         A chief administrative officer whose appointment is revoked without cause is, subject to any written agreement between the council and the officer, entitled to reasonable notice or to compensation instead of reasonable notice.

C.A.O.'s responsibilities

127(1)      The chief administrative officer

(a) is the administrative head of the municipality;

(b) is responsible for ensuring that the policies and programs of the municipality are implemented;

(c) is responsible for advising and informing the council on the operation and affairs of the municipality;

(d) except as the council may decide otherwise, is responsible for the management and supervision of the employees of the municipality;

(e) carries out the powers, duties and functions assigned to a chief administrative officer by the council or by this or any other Act; and

(f) must notify the council if money of the municipality is spent or invested contrary to a by-law or resolution or this or any other Act.

C.A.O.'s administrative duties

127(2)      The chief administrative officer must ensure that

(a)  the minutes of every council meeting are made without note or comment;

(b)  the by-laws and minutes of council meetings and all other records and books of account of the municipality are kept safe and in accordance with Division 1 (Retention and Disposition of Municipal Records) of Part 9;

(c) the revenues of the municipality are collected;

(d) money belonging to or held by the municipality is deposited in the bank, credit union, caisse populaire, or trust corporation designated by the council;

(e) the accounts for authorized expenditures of the municipality are paid;

(f) accurate records and books of account are kept of the financial affairs of the municipality; and

(g) any information requested of the municipality by the minister is provided within a reasonable time.

C.A.O. duties re council committees

127(3)      Except as the council may otherwise decide, the chief administrative officer must carry out, with necessary modifications, the duties referred to under in subsection (2) in respect of council committees.

Duty of C.A.O. if money not lawfully used

128(1)      If a chief administrative officer gives notice to the council under clause 127(1)(f) and the council does not within a reasonable time rectify the matter, the officer must give the minister written notice of the matter as soon as is reasonably possible.

Minister's powers after receiving notice

128(2)      The minister may take such action as he or she considers necessary or advisable in respect of the notice, and may charge the cost of any action to the municipality.

Delegation by C.A.O.

129         A chief administrative officer may delegate to a designated officer or other employee of the municipality a power, duty or function given to the chief administrative officer under a by-law or this or any other Act, unless the by-law or Act prohibits the delegation.

DESIGNATED OFFICERS

Establishment of designated officer positions

130         A council may by by-law establish one or more positions to carry out the powers, duties and functions of a designated officer under a by-law or this or any other Act, and may give each such position any title the council considers appropriate.

Delegation by designated officer

131         A designated officer may delegate to an employee of the municipality a power, duty or function given to the officer under a by-law or this or any other Act, unless the by-law or Act prohibits the delegation.

PART 5

PRACTICE AND PROCEDURES

DIVISION 1

COUNCILS

Council to designate municipal office

132         A council must designate a place as its municipal office.

Minutes of council meetings

133         Minutes must be made of each council meeting and signed by the person presiding at the meeting and a designated officer.

Signing agreements, cheques, instruments

134(1)      Agreements and cheques and other negotiable instruments and agreements must be signed or authorized by

(a) the head of council or any other person authorized by the council; and

(b) a designated officer.

Reproduction of signature

134(2)      A council may authorize a signature required under subsection (1) to be printed, lithographed or otherwise reproduced.

S.M. 1998, c. 33, s. 10.

QUORUM

Quorum for council meetings

135(1)      A quorum is required for and during each council meeting.

Number of councillors required for quorum

135(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.

Minimum number for quorum

135(3)      Subject to The Municipal Council Conflict of Interest Act, the minimum number for a quorum of a council is three.

When member not to be counted

135(4)      For the purpose of a quorum, a member is not counted if the member is required to abstain from voting under The Municipal Council Conflict of Interest Act.

VOTING

One vote per member

136         A member of a council has one vote each time a vote is held at a council meeting at which the member is present.

Minutes of vote on third reading of a by-law

137         The minutes of a meeting at which a council votes on the third reading of a by-law must show the name of each member present, the vote or abstention of each member, and the reason given for any abstention.

Tie vote defeats by-law or resolution

138         If an equal number of members vote for and against a resolution or by-law, the resolution or by-law is defeated.

Council reconsidering decision

139(1)      A council may not reconsider or reverse a decision within one year after it is made unless

(a) at the same meeting at which the decision is made, all the members who voted are present; or

(b) a member gives written notice to the council, from at least one regular meeting to the next regular meeting, of a proposal to review and reverse the decision.

Record of reconsideration in minutes

139(2)      A council that reconsiders and reverses a decision under clause (1)(a) may direct that the minutes show

(a) the original decision and the decision made on reconsideration; or

(b) only the decision made on reconsideration.

S.M. 1998, c. 33, s. 11.

BY-LAWS AND RESOLUTIONS

Methods by which a council may act

140(1)      A council may act only by resolution or by-law.

Where council must act by by-law

140(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.

Where council may act by resolution

140(3)      A council that is required or authorized under a by-law or this or any other Act to do something by resolution or to do something without specifying that it be done by by-law or resolution, may do it by resolution.

Effect of acting by by-law when resolution is sufficient

140(4)      Anything a council does by by-law that may be done by resolution is not invalid by reason of the council doing it by by-law.

Passing a resolution

141         A resolution of a council is not valid unless it is passed at a council meeting.

Proposed by-law to be given three readings

142(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

142(2)      A council may not give a proposed by-law more than two readings at the same council meeting.

Text to be available before first reading

142(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

142(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.

Procedure at each reading

142(5)      Only the title or an identifying number must be read at each reading of a proposed by-law.

When public hearing on by-law is to be held

143         When this or any other Act requires a council to hold a public hearing on a proposed by-law, the public hearing must be held before the by-law is given third reading.

Rescission of previous by-law readings

144         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.

When a by-law is passed

145         A by-law is passed when it receives third reading and is signed by

(a) the head of council or another person authorized by the council; and

(b) a designated officer.

When a by-law comes into force

146(1)      Subject to subsections (2) and (3), a by-law comes into force on the day after the day it is passed unless a later date is specified in the by-law.

Where approval required

146(2)      If this or any other Act requires a by-law to be approved, the by-law does not come into force until the approval is given.

No retroactivity without specific authority

146(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.

Power to amend and repeal a by-law

147(1)      The power to pass a by-law under this or any other Act includes the power to amend or repeal the by-law.

Manner of repeal or amendment

147(2)      The amendment or repeal of a by-law is subject to the same requirements that apply to passing the by-law, unless this or any other Act expressly provides otherwise.

ORGANIZATION AND PROCEDURE

Council to pass an organizational by-law

148(1)      A council must establish by by-law an organizational structure for the municipality and review the by-law at least once during its term of office.

Content of organizational by-law

148(2)      An organizational by-law must provide for the following:

(a) the establishment of council committees, other than committees of local urban districts, and other bodies of the council, including their duties and functions;

(b) the appointment of a deputy head of the council to act in place of the head of council when he or she is unable to carry out the powers, duties and functions of the head; and

(c) the manner of appointment of persons to council committees and other bodies.

Council to pass procedures by-law

149(1)      A council must establish by by-law rules of procedure and review the by-law at least once during its term of office.

Council bound by procedures by-law

149(2)      The council must govern itself in accordance with its procedures by-law.

Content of procedures by-law

149(3)      The council must in its procedures by-law provide for

(a) regular meetings of the council, and the day, time and place of the meetings;

(b) the type and amount of notice to be given of regular meetings of the council;

(c) the procedure to be followed and the type and amount of notice to be given to change the day, time or place of a regular meeting of the council;

(d) rules respecting the conduct of council meetings;

(e) rules respecting public participation at council meetings;

(f) a procedure for the appointment of a member to act as head of council if the head and deputy head are unable to act or the offices are vacant;

(g) the type and amount of notice to be given of a special meeting of the council; and

(h) the time within which a special meeting of the council requested under clause 151(1)(b) must be called by the head of council and must take place.

Further content of procedures by-law

149(4)      The council may in its procedures by-law provide for such other matters as the council considers necessary or desirable, including, subject to Division 5 (Local Urban Districts) of Part 3, the conduct of meetings of council committees.

Meeting through electronic communications

150(1)      A council may conduct a meeting by means of an electronic or other communication facility if the facility enables the members to hear and speak to each other and the public to hear the members.

Participating member deemed to be present

150(2)      A member participating in a meeting conducted by means of a communication facility is deemed to be present at the meeting.

SPECIAL MEETINGS

Head of council convening special meeting

151(1)      The head of a council

(a) may call a special meeting of the council whenever he or she considers it appropriate to do so; and

(b) must call a special meeting of the council if the head receives a written request for the meeting, stating its purpose, from at least two councillors.

Notice according to procedures by-law

151(2)      Notice of a special meeting must be given in accordance with the procedures by-law.

Meeting to be called under procedures by-law

151(3)      If the head of council does not call a special meeting as requested under clause (1)(b) within the time required under the procedures by-law, the chief administrative officer must call the meeting in the manner provided in the by-law.

Effect of notice given to absent member

151(4)      A special meeting must not be held in the absence of a member unless the member has been given notice of the meeting in accordance with the procedures by-law.

Member may waive notice

151(5)      A member who waives the right to be given notice of a special meeting is deemed to have been given notice of the meeting.

Agenda at special meeting

151(6)      Only a matter stated in the notice of a special meeting may be transacted at the meeting unless all members of the council are present and unanimously agree to deal with other matters.

DIVISION 2

PUBLIC PRESENCE AT MEETINGS

Meetings to be conducted in public

152(1)      Every meeting of a council or council committee must be conducted in public.

Public's right to be present at meetings

152(2)      Everyone has a right to be present at a meeting of a council or council committee unless the person chairing the meeting expels a person for improper conduct.

When council or council committee may close meeting

152(3)      Despite subsections (1) and (2), a council or council committee may close a meeting to the public

(a) if

(i) in the case of a council, the council decides during the meeting to meet as a committee to discuss a matter, and

(ii) the decision and general nature of the matter are recorded in the minutes of the meeting; and

(b) if the matter to be discussed relates to

(i) repealed, S.M. 2004, c. 2, s. 31,

(ii) an employee, including the employee's salary, duties and benefits and any appraisal of the employee's performance,

(iii) a matter that is in its preliminary stages and respecting which discussion in public could prejudice a municipality's ability to carry out its activities or negotiations,

(iv) the conduct of existing or anticipated legal proceedings,

(v) the conduct of an investigation under, or enforcement of, an Act or by-law,

(vi) the security of documents or premises, or

(vii) a report of the Ombudsman received by the head of the council under clause 36(1)(e) of The Ombudsman Act.

Resolution to re-open a closed meeting

152(4)      No resolution or by-law may be passed at a meeting that is closed to the public, except a resolution to re-open the meeting to the public.

S.M. 2004, c. 2, s. 31.

DIVISION 3

PETITIONS AND PUBLIC HEARINGS

PETITIONS

Petitions must conform to this Division

153         Where a petition is required under this Act, other than in Part 2, the petition must meet the requirements of this Division before it is presented to the council.

Sufficiency of petition

154(1)      A petition is sufficient if it complies with this section.

Petition's purpose to be stated on each page

154(2)      A petition must contain a statement of purpose, and the statement must appear on every page.

Information about each petitioner

154(3)      A petition must include the following:

(a) in printed form, the surname and given name or initials of each petitioner;

(b) each petitioner's signature;

(c) the date on which each petitioner signs the petition;

(d) the address of each petitioner's residence;

(e) in the case of a petition under section 57 to form a local urban district, a statement that each petitioner is a voter, or is eligible to be a voter, of the locality;

(f) in the case of a petition under clause 66(1)(a) (dissolution of a local urban district), a statement that each petitioner is a voter of the local urban district;

(g) in the case of a petition under clause 313(c) (local improvement or special service), the address of the property in respect of which each petitioner is liable to pay the tax.

Manner of witnessing signature on a petition

154(4)      Each signature on the petition must be witnessed by an adult person who must

(a) sign opposite the signature of the petitioner; and

(b) in the case of a petition under section 57 (formation of a local urban district), clause 66(1)(a) (dissolution of a local urban district) or clause 313(c) (local improvement or special service), make a statutory declaration that to the best of the witness's knowledge the signature witnessed is that of a person eligible to sign the petition.

Number of petitioners required

154(5)      Where a minimum number of petitioners is required, a petition must be signed by at least that number of petitioners.

Petitioners for local improvement or special service

154(6)      In determining the number of petitioners required on a petition under clause 313(c),

(a) where a parcel of land or a business is owned by more than one person, only one person is counted; and

(b) a municipality, school division, school district or hospital district that is eligible to be a petitioner is not counted if it gives written notice to the chief administrative officer, not later than the day the petition is filed with the officer under section 155, that it is not to be counted.

Entity may authorize individual to sign

154(7)      A petition under clause 313(c) (local improvement or special service) may be signed on behalf of a corporation, church, organization, estate or other entity by an adult person who on request produces proof that he or she is authorized by the entity to sign the petition on its behalf.

Counting the number of petitioners

154(8)      In determining whether the required number of persons have signed the petition, a person's name is not to be counted if

(a) the information required under subsection (3) about the petitioner is not provided or the information, other than the signature, is not legible and cannot easily be determined by the chief administrative officer;

(b) the person's signature is not witnessed, or the witness has not made the statutory declaration required, under subsection (4);

(c) the petition is restricted to certain persons and the person is not one of those persons, or the person's qualifications are not set out or are incorrectly set out; or

(d) the person signed the petition more than 90 days before the petition was filed under section 155 or more than 150 days before the petition was re-filed under subsection 156(3).

Petition must name representative

154(9)      The petition must have attached to it a signed statement of an individual that

(a) the individual is the representative of the petitioners; and

(b) any inquiry or notice respecting the petition may be directed to the individual at an address that is set out in the statement.

S.M. 2005, c. 27, s. 158.

Filing

155         A petition must be filed with the chief administrative officer.

C.A.O. to determine sufficiency of certain petitions

156(1)      In the case of a petition that is required under this or any other Act to have a minimum number of petitioners, the chief administrative officer must determine the sufficiency of the petition not later than 30 days after it is filed.

Process where petition is not sufficient

156(2)      If in the opinion of the chief administrative officer a filed petition is not sufficient, the officer must within the time set out in subsection (1) give written notice of the manner in which the petition is not sufficient to the person named in the petition under subsection 154(9) (representative's name and address).

Re-filing of petition

156(3)      The petition may be re-filed, with or without changes, with the chief administrative officer within 30 days after the notice is given, and sections 154 and 155 apply to the re-filed petition.

C.A.O. to advise council of notice given

156(4)      If a petition is not re-filed within 30 days after the day a notice is given under subsection (2), the chief administrative officer must advise the council at the first council meeting following the expiration of the 30 days that the petition was filed and the notice given.

Presentation of petition to council

157(1)      The chief administrative officer must present each petition to the council at a council meeting, with his or her opinion respecting the sufficiency of the petition,

(a) where the petition is sufficient, within 30 days after the day the petition is filed; and

(b) where the petition is not sufficient and is re-filed, within 30 days after the day the petition is re-filed.

No change in petition after presentation

157(2)      No name may be added to or removed from a petition after it is filed under section 155 or re-filed under subsection 156(3), except an addition or removal made after a notice is given under subsection 156(2) and before the petition is re-filed.

Petition is received on presentation

158         A petition is received by a council on the day it is presented to the council.

Council's consideration of petition

159         A council may disregard a petition that the council decides is not sufficient, and is not required to take action in respect of a petition unless this or any other Act requires that action be taken.

PUBLIC HEARINGS

Application

160(1)      This section applies in respect of a public hearing that a council is required under this Act to hold.

Attendance of members at public hearing

160(2)      Each member of the council must attend the public hearing unless the member

(a) is excused by the other members from attending the hearing;

(b) is unable to attend owing to illness; or

(c) is required under The Municipal Council Conflict of Interest Act to withdraw from the hearing.

Procedure at public hearing

160(3)      Subject to procedures established under subsection (4), the council must hear any person who wishes to make a presentation, ask questions or register an objection on his or her own behalf or on behalf of others.

Council may establish procedure in by-law

160(4)      A council may in its procedures by-law establish procedures for public hearings, which may include

(a) prescribing a reasonable time limit for presentations, questions or objections;

(b) providing that the council may decline to hear a presentation, question or objection where the council is satisfied that the matter has been addressed at the hearing;

(c) deciding which presenters the council will hear where it is satisfied that presentations will be the same or similar;

(d) expelling a person from a hearing for improper conduct; and

(e) adjourning a hearing from time to time.

Notice of continuation of adjourned hearing

160(5)      If a public hearing is adjourned, the council must give public notice of the date, time and place of the continuation of the hearing, unless that information is announced at the time the adjournment is announced at the hearing.

S.M. 1998, c. 33, s. 12.

PART 6

FINANCIAL ADMINISTRATION

DIVISION 1

FINANCIAL PLANS

Fiscal year is calendar year

161         The fiscal year of a municipality is the calendar year.

Council must adopt financial plan for each fiscal year

162(1)      Every council must adopt a financial plan for each fiscal year in a form approved by the minister and consisting of

(a) an operating budget;

(b) a capital budget;

(c) an estimate of operating revenue and expenditures for the following fiscal year; and

(d) a five year capital expenditure program.

Council to hold public hearing on financial plan

162(2)      Before adopting the financial plan, the council must give public notice, and hold a public hearing, in respect of the plan.

New public hearing when certain items revised

162(3)      A council may revise its financial plan after the public hearing, but public notice must be given and another public hearing conducted if the revision

(a) increases the estimated amount of a transfer referred to in clause 164(2)(a) or the estimated revenue from a tax referred to in clause 164(2)(c) (operating budget); or

(b) increases any of the amounts referred to in section 166 (capital budget).

Increase in requisition only

162(3.1)    In each fiscal year ending before January 1, 2006, the requirement in clause (3)(a) to give notice and hold a public hearing does not apply if the increase in estimated revenue results solely from the municipality's requirement to levy and collect a requisition.

Financial plan to be filed with minister

162(4)      A copy of the financial plan of a municipality for a fiscal year must be filed with the minister by May 15 of that year.

Council may request extension of time

162(5)      A council that is unable for any reason to file its financial plan in accordance with subsection (4) may in writing request an extension of time, and the minister may extend the time subject to any condition the minister considers necessary or advisable.

S.M. 2002, c. 8, s. 27.

Council may adopt interim operating budget

163         A council may adopt an interim operating budget to have effect only until the council adopts the operating budget for the fiscal year.

Expenditures to be estimated in operating budget

164(1)      A council must include in its operating budget for a fiscal year the estimated amount of money required for all purposes, including amounts

(a) to provide for the council's policies and programs;

(b) to pay debt obligations in respect of any borrowings;

(c) to pay a requisition or any other amount that the municipality is required under an Act to collect;

(d) to be transferred to the capital budget or a reserve fund;

(e) to reduce or eliminate any deficiency incurred in respect of a previous fiscal year; and

(f) in respect of any uncollected tax or any debt or grant in lieu of tax that is not collectible.

Revenue and transfers to be estimated

164(2)      A council must include in its operating budget the estimated amount of money from transfers and each source of revenue, including

(a) transfers from the municipality's accumulated surplus or its reserve funds;

(b) revenue from grants and transfers from other governments;

(c) revenue from taxes, including

(i) real property tax,

(ii) business tax,

(iii) personal property tax,

(iv) special services tax, and

(v) local improvement tax; and

(d) revenue from all other sources, including fees or other charges in respect of the operation of any works, improvements, services, facilities and utilities.

Expenditures not to exceed transfers and revenue

164(3)      The council must ensure that the total amount of the estimated transfers and revenue is not less than the total amount of estimated expenditures unless, before adopting the operating budget, the council obtains the minister's written approval of the proposed budget, which may include any condition the minister considers necessary or advisable.

Utilities expenditures not to exceed transfers and revenue

164(4)      The council must ensure that the amount of estimated revenue and transfers provided for in the utility budget is not less than the amount of estimated expenditures in respect of the utility unless, before adopting the operating budget, the council obtains The Public Utilities Board's written approval, which may include any condition the Board considers necessary or advisable.

Transfer from accumulated surplus or reserve fund

164(5)      An operating budget or capital budget may provide for the transfer of money from an accumulated surplus or a reserve fund established for a general purpose, but the transfer of an amount that exceeds the maximum amount provided for by regulation may be made only if, before adopting the budget, the council obtains the minister's written approval, which may include any condition the minister considers necessary or advisable.

S.M. 1998, c. 33, s. 13.

Council to obtain approval for anticipated deficiency

165(1)      When a council determines during a fiscal year that expenditures are likely to exceed the revenue and transfers provided for in its budget, the council must immediately advise the minister in writing and may incur a deficiency with the minister's written approval, which may include any condition the minister considers necessary or advisable.

Council to obtain approval for anticipated deficiency in utility

165(2)      When a council determines during a fiscal year that expenditures of a utility are likely to exceed the revenue and transfers provided for in the utility budget, the council must immediately advise The Public Utilities Board in writing and may incur a deficiency with the Board's written approval, which may include any condition the Board considers necessary or advisable.

S.M. 1998, c. 33, s. 14.

Content of capital budget

166         A council must include in its capital budget the estimates of

(a) the amount of money required to acquire, construct, remove or improve capital property;

(b) the anticipated sources and the amounts of money to pay the costs referred to in clause (a); and

(c) the amount of money to be transferred from the operating budget.

Content of capital expenditure program

167         A council must include in its five year capital expenditure program each proposed expenditure for the next five years and the source of the money required to implement the program.

Council may establish reserve funds

168(1)      A council may by by-law establish reserve funds for any general or specific purpose.

Expenditure from reserve fund with specific purpose

168(2)      A council that establishes a reserve fund for a specific purpose may provide in its operating budget or capital budget for an expenditure from the fund only for that purpose unless, before making the expenditure,

(a) the council gives public notice, and holds a public hearing, in respect of the proposed expenditure; and

(b) in the case of a reserve fund that is supplemented with the approval of The Public Utilities Board, the Board approves the proposed expenditure.

Expenditures

169(1)      A municipality may make an expenditure only if it is

(a) provided for in the council's interim operating budget, operating budget or capital budget;

(b) made in respect of a disaster or emergency declared by the council or head of council under The Emergency Measures Act;

(c)  ordered by a court or The Municipal Board to be paid; or

(d) authorized by the council under this section.

Expenditure for purpose not set out in budgets

169(2)      A council may authorize the expenditure of an amount provided for in an operating budget or capital budget, other than an expenditure referred to in subsection 168(2), for a purpose other than is set out in the budget if the expenditure does not affect the total of the amounts estimated under subsection 164(1) (operating budget) and section 166 (capital budget).

Expenditure or transfer of revenue exceeding estimate

169(3)      A council may authorize expenditures from its operating budget, or transfer amounts from its operating budget to the capital budget, that are not provided for in the operating budget if the total of the expenditures and transfers does not exceed the total of

(a) the amount of revenue from grants and transfers in excess of the amount estimated under clause 164(2)(b); and

(b) the amount of revenue from sources referred to in clause 164(2)(d) in excess of the amount estimated under that clause.

Expenditure from capital budget

169(4)      A council may authorize expenditures from its capital budget that are not provided for in the capital budget if the total of the expenditures does not exceed the amounts transferred from the operating budget under subsection (3).

Expenditures exceeding budgets

169(5)      A council may authorize an expenditure for an amount not provided for in an operating budget or capital budget, and may fund the expenditure

(a) subject to subsection 164(5), by transfer from the municipality's accumulated surplus or its reserve funds; or

(b) subject to section 174, by borrowing.

Public hearing necessary for some expenditures

169(6)      Subject to subsection (7), a council must give public notice and hold a public hearing in respect of a proposed expenditure under subsection (5).

No public hearing if specific purpose reserve is used

169(7)      No public notice or public hearing is required under subsection (6) for an expenditure funded by a transfer from a specific purpose reserve unless the expenditure is for a purpose other than that for which the reserve fund was established.

Content of notice

169(8)      A notice under subsection (6) must include

(a) the amount and purpose of the expenditure; and

(b) the expenditure's sources of funding and the portion of its cost that will be paid by each source.

S.M. 1998, c. 33, s. 15.

Employees who handle money to be bonded

170         Each municipality must ensure that every employee of the municipality who handles or could handle money of the municipality is bonded or otherwise insured for the faithful performance of duties.

Certain use of municipal money an offence

171(1)      A member of a council is guilty of an offence under this Act who

(a) spends or invests or authorizes the expenditure or investment of money of the municipality without authorization or contrary to the authorization given under a by-law or resolution or this or any other Act; or

(b) accepts, or votes in favour of paying to a person, including a member of the council, an amount not authorized by a by-law or resolution or this or any other Act, or an amount greater than is authorized.

Civil liability of the member

171(2)      In addition to any penalty imposed under subsection (1), a member of a council who is guilty of an offence under subsection (1) is liable to the municipality for the amount spent, invested or paid.

Joint and several liability

171(3)      If more than one member is liable under subsection (2), those members are jointly and severally liable to the municipality.

Municipality or voter may take action

171(4)      The liability under this section may be enforced by action by the municipality or by a voter of the municipality.

Exception of declared state of emergency

171(5)      This section does not apply to an expenditure made in respect of a disaster or emergency declared by a council or head of council under The Emergency Measures Act.

S.M. 2005, c. 27, s. 158.

DIVISION 2

BORROWING

Definitions

172         In this Division,

"borrowing" means the borrowing of money, and includes

(a) borrowing to refinance, redeem or restructure existing debt,

(b) borrowing to pay for a local improvement under Division 4 (Local Improvements and Special Services) of Part 10,

(c) a lease of capital property with a fixed term beyond three years or a fixed term of less than three years but with a right of renewal that would, if exercised, extend the original term beyond three years,

(d) an agreement to purchase capital property that creates an interest in the capital property to secure payment of the capital property's purchase price if payment of the purchase price under the agreement exceeds three years, and

(e) issuing debentures; (« emprunt »)

"borrowing by-law" means a by-law referred to in clause 174(1)(a). (« règlement d'emprunt »)

Council may borrow for operating expenses

173(1)      A council may by resolution borrow money for operating expenses during a fiscal year, but the amount borrowed must not exceed the amount collected in taxes and grants in lieu of taxes in the previous fiscal year.

Application to borrowing

173(2)      This Division does not apply to money borrowed under subsection (1).

Borrowing must be authorized by by-law

174(1)      A municipality may make a borrowing only if

(a) the borrowing is authorized by a by-law; and

(b) subject to subsection (2), the borrowing is set out as a debt obligation in the operating budget or capital budget or it is made to fund an expenditure authorized under subsection 169(5).

Council may exclude certain borrowing from budgets

174(2)      A council is not required to include a proposed borrowing in its operating budget or capital budget if

(a) the borrowing refinances, redeems or restructures existing borrowings; and

(b) the amount and term of the borrowing does not exceed the unpaid principal and the longest remaining term of the existing borrowing.

Content of borrowing by-law

174(3)      A borrowing by-law must set out

(a) the amount of money to be borrowed and, in general terms, the purpose for which the money is to be borrowed;

(b) the anticipated maximum rate of interest, the term and the terms of repayment of the borrowing;

(c) the source or sources of money to pay the principal and interest owing under the borrowing; and

(d) the source of any interim financing.

S.M. 1998, c. 33, s. 16.

Repeal or amendment of borrowing by-law

175         After money is advanced under a borrowing by-law, the council may not repeal the by-law until the advance is repaid, and may not in any amendment reduce the amount authorized by the by-law to less than the amount advanced.

Every proposed borrowing to be approved by board

176         A municipality may not make a borrowing unless the council obtains the approval of The Municipal Board before third reading of the borrowing by-law.

Use of borrowed money restricted to stated purpose

177         A council must use money obtained under a borrowing only for the purpose for which the money is borrowed, as stated in the borrowing by-law.

Application of money borrowed

178         A person lending money to a municipality does not have to verify that the money is applied to the purpose for which it is borrowed.

Term of borrowing for capital property

179         The term of a borrowing for a capital property must not exceed the probable lifetime of the capital property.

DIVISION 3

LOANS

Municipality may make loans

180(1)      A municipality may lend money only if

(a) the council considers that the money loaned will be used for a purpose that will benefit the municipality;

(b) the loan is made to a non-profit organization or municipal participation corporation;

(c) the loan is authorized by by-law; and

(d) the amount of money to be loaned, together with the unpaid principal of any other loan, does not exceed the maximum amount established by the minister by regulation.

Content of by-law authorizing loan

180(2)      A by-law authorizing a loan must set out

(a) the amount of money to be loaned and, in general terms, the purpose for which it is to be used;

(b) the name of the organization or corporation to which the loan is to be made;

(c) the minimum rate of interest, the term and the terms of repayment of the loan; and

(d) the source or sources of the money to be loaned.

DIVISION 4

INVESTMENTS

Definition

181(1)      In this section, "securities" includes bonds, debentures, treasury bills, trust certificates, guaranteed investment certificates or receipts, certificates of deposit, deposit receipts, bills, notes and mortgages of real estate or leaseholds and rights or interests in respect of a security.

Authorized investments

181(2)      A municipality may invest its money only in the following:

(a) securities issued or guaranteed by

(i) the Government of Canada or an agency of the Government of Canada, or

(ii) the government of a province or an agency of the government of a province;

(b) securities the payment of which is a charge on the Consolidated Revenue Fund of the Government of Canada or a province of Canada;

(c) securities of a municipality in Canada;

(d) securities of a Canadian municipal participation corporation;

(e) securities issued or guaranteed by a bank, credit union or trust corporation;

(f) securities that are insured by the Canada Deposit Insurance Corporation Act;

(g) investments authorized by the minister by regulation; and

(h) units in pooled funds of all or any of the investments described in clauses (a) to (g).

Membership in non-profit organization

181(3)      Nothing in this section prevents a municipality from acquiring a share or membership in a non-profit organization.

DIVISION 5

ANNUAL FINANCIAL STATEMENTS AND AUDITOR'S REPORT

Definition

182         In this Division, "auditor" means a person appointed under section 184 to audit the records and books of account of a municipality for a fiscal year.

Annual financial statements

183(1)      A municipality must in each year prepare annual financial statements of the municipality for the immediately preceding year in accordance with the generally accepted accounting principles for municipal governments recommended from time to time by the Canadian Institute of Chartered Accountants and any modification of those principles or any supplementary accounting standards or principles approved by the minister.

Annual financial information returns

183(2)      A municipality must, no later than March 15 in each year, submit to the minister a financial information return, in a form approved by the minister, respecting the financial affairs of the municipality for the preceding year.

S.M. 1998, c. 33, s. 17.

Council to appoint an auditor for each year

184(1)      The council of a municipality must, not later than August 31 in each year, appoint an auditor to carry out the duties of an auditor under this Act in respect of the municipality for that fiscal year.

Member or employee not to be appointed

184(2)      The council may not appoint a member of the council or an employee as auditor.

Council to inform minister of appointment

184(3)      The council must inform the minister of the name of the auditor within 40 days after the appointment.

Minister may appoint if council does not appoint

184(4)      If a council fails to appoint an auditor in accordance with subsection (1), the minister may make the appointment.

Qualifications for appointment as auditor

184(5)      To qualify to be appointed as an auditor, a person must be entitled to practise as an accountant under The Chartered Accountants Act, The Certified General Accountants Act or The Certified Management Accountants Act.

S.M. 2004, c. 21, s. 60.

Municipality to pay auditor's fees and expenses

185(1)      Subject to subsection (2), a municipality must pay its auditor's fees and expenses, including any fee or expense relating to a request of the minister under section 191.

Certain bodies to pay auditor's fees and expenses

185(2)      The auditor's fees and expenses relating to the audit of a body referred to in clause 186(1)(b) or (c), including any fee or expense relating to a request of the minister under section 191 in respect of the body, must be paid by the body.

Scope of auditor's examination

186(1)      An auditor must examine the financial statements, financial information returns, records, books of account and other information relating to the financial affairs of the municipality for the fiscal year, including

(a) any funds of the municipality held in trust by an officer or employee of the municipality;

(b) any board, committee or other body that is established or appointed by the council and that administers funds of the municipality; and

(c) any organization or other body

(i) to which the municipality has made a grant or loan of money of $5,000. or more, and

(ii) on which the municipality is represented by one or more persons appointed by the council.

Auditor not required to audit certain bodies

186(2)      Despite clauses (1)(b) and (c), the auditor is not required to examine the financial affairs of a body referred to in those clauses if the auditor is satisfied that a person who has the qualifications referred to in subsection 184(5) has audited or is auditing the financial affairs of the body for the fiscal year.

Auditor's entitlement to access

187(1)      The auditor is, at all reasonable times and for any purpose related to an audit, entitled to access to the records and books of account and any other document, matter or thing relating to the financial affairs of the municipality in the fiscal year or a previous year.

Auditor's entitlement to information

187(2)      The auditor is entitled to receive, for the purpose of the audit, any information that is required from a member of the council, an employee of the municipality and the members and employees of a body referred to in clauses 186(1)(b) and (c).

Financial institution to provide information

188(1)      A bank, credit union, caisse populaire or trust corporation must, on the written request of the minister or the auditor, provide in writing any information in its possession or control relating to the financial affairs of the municipality.

Information from land titles offices and courts

188(2)      The district registrar for a land titles district and the officer of a court must, on the written request of the minister or the auditor, provide in writing any information in their possession or control relating to the financial affairs of the municipality.

Auditor must report failure to comply

189         The auditor must without delay report to the minister and the head of the council any failure of a person or institution to comply with section 187 or 188.

Timing and content of auditor's report

190(1)      The auditor must submit a report to the council not later than June 30 in the year following the fiscal year for which the audit is prepared

(a) outlining the scope of the audit;

(b) identifying the financial statements audited; and

(c) expressing an opinion as to whether the municipality's financial statements present fairly the financial position of the municipality as at the end of the fiscal year and the results of its operations for the fiscal year.

Auditor to submit supplement with report

190(2)      The auditor must submit with the report a supplement containing the following:

(a) a statement of opinion as to whether the accounting procedures and systems of control employed by the municipality are adequate to preserve and protect its assets;

(b) a statement of opinion as to whether the funds of the municipality have been disbursed only under an authority granted by an Act, or by a resolution or by-law passed or an authority granted under an Act;

(c) a statement as to whether any irregularity or discrepancy came to the auditor's attention during the audit;

(d) a statement as to any matters not referred to in clauses (a) to (c) that the auditor considers the minister or council should be aware of; and

(e) any recommendation the auditor considers necessary or advisable regarding the proper performance of duties and the keeping of records and books of account by the chief administrative officer or other employees.

Auditor to provide minister with information

191         The auditor must make any further examination and submit any additional report requested by the minister.

Council to provide minister with information

192         A council must provide the minister with any information or document requested by the minister respecting the financial affairs of the municipality.

Auditor to give report to head of council and minister

193(1)      The auditor must ensure that a copy of the report is given to the head of council and the minister.

Head of council to table report at next regular meeting

193(2)      The head of council must table the auditor's report at the first regular meeting of the council after receiving the report.

Public notice of auditor's report

194         The municipality must without delay, after the report is tabled, give public notice that the report and the municipality's financial statements are available for inspection by any person at the municipal office during regular business hours.

Auditor to give report to head of audited body

195         If the auditor audits a body referred to in clauses 186(1)(b) and (c), he or she must ensure that a copy of the report on the body is given to the head of the body and the head of council.

Council to advise minister of action taken

196(1)      If the auditor's report or the council's review of the report indicates that immediate action is required in respect of a matter, the council must

(a) take such action as it considers necessary or advisable to address the matter; and

(b) advise the minister of the matter and the action it has taken or proposes to take.

Minister may take action

196(2)      If the council takes no action or the action that is taken or proposed is not satisfactory to the minister, the minister may take action that, in his or her opinion, best protects the interests of the municipality, and the municipality must pay any cost incurred in taking the action.

Auditor or minister may act as commissioner

197(1)      The minister and the auditor each have, in respect of the audit, the powers of a commissioner appointed under Part V of The Manitoba Evidence Act, including the power to require persons to give evidence and to produce documents relating to the financial affairs of the municipality.

Auditor or minister may retain counsel

197(2)      The minister or the auditor may retain counsel for the purpose of subsection (1), and the municipality must pay the fees and expenses of the counsel.

Offence and penalty

198         A person who contravenes this Division is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000., and in default of payment, to imprisonment for not more than three years.

DIVISION 6

MUNICIPALITIES IN FINANCIAL DIFFICULTIES

SUPERVISION

Definition

199         In sections 200 to 204, "municipality" includes a school district or school division for which a municipality collects taxes.

Order of supervision

200(1)      Where the Lieutenant Governor in Council believes that a municipality is in financial difficulty and considers it to be in the best interests of the municipality, its voters and creditors that the affairs of the municipality be supervised, the Lieutenant Governor in Council may by order

(a) place the affairs of the municipality under supervision; and

(b) authorize the minister to appoint a supervisor of the affairs of the municipality.

Submission of program by municipality

200(2)      Where a supervisor is appointed by the minister under subsection (1), the municipality must submit to the supervisor for approval, particulars of the following matters which constitute the program of the municipality:

(a) its financial plan;

(b) proposed taxation of the municipality;

(c) any other matter affecting the administration of the affairs of the municipality.

Directions and approval by supervisor

200(3)      The municipality and its officers and officials must comply with the directions of the supervisor, and the council of the municipality must not finalize its program or pass any by-law respecting it until the program has been approved, or revised and approved, by the supervisor.

Notice of orders

200(4)      Notice of an order made by the Lieutenant Governor in Council under subsection (1) must be published in The Manitoba Gazette.

Effect of Municipal Board Act

200(5)      Nothing in this Division limits or otherwise affects the powers or authority of The Municipal Board under The Municipal Board Act, and if The Municipal Board, as authorized under that Act, at any time assumes supervision of a municipality or appoints a supervisor for it, from that time

(a) The Municipal Board has all the power and authority with respect to the municipality that is, or may be, given to it under that Act; and

(b) the minister ceases to have the powers and authority given to him or her under this Division.

S.M. 2005, c. 27, s. 158.

Minister may prescribe program

201         Where a municipality fails to obtain the approval of the supervisor or fails in whole or in part to conduct its affairs in accordance with the program, the minister may prescribe a program for the municipality, which becomes effective and is binding upon the municipality, its council, the chief administrative officer, and all persons interested in or affected by it.

Amendment of program

202         The minister may amend in whole or in part a program approved by the supervisor or prescribed by the minister and the amendment is effective and binding immediately upon notice being given to the municipality.

Current borrowings

203         The minister may direct that every borrowing by the municipality is subject to the minister's approval and that no money may be borrowed for purposes other than, or in amounts greater than, those approved from time to time, and the municipality must comply with the direction.

Ministerial directions

204         In appointing a supervisor the minister may

(a) give directions respecting approval of the program set out in subsection 200(2);

(b) give directions for the deposit and disbursement of all money of, or received on account of, the municipality;

(c) give directions regarding the approval and execution of all by-laws, security documents and other documents; and

(d) impose such terms or conditions or give such other directions as the minister considers advisable.

Borrowing in contravention of order

205         Where a municipality that is under supervision borrows or applies money in contravention of a direction made by the minister or a supervisor under this Division, or under The Municipal Board Act, the members of the council who vote for the borrowing or misapplication are jointly and severally liable to repay the amount so borrowed or misapplied and the liability may, with the consent of the minister, be enforced by an action by the municipality, a voter, a person holding security issued by the municipality, or any creditor of the municipality.

S.M. 2005, c. 27, s. 158.

Municipality remains subject to Act

206         Subject to this Part, the members of the council and the chief administrative officer of a municipality the affairs of which are under supervision remain subject to this and any other Act.

Payment of expenses

207         The minister may require that the expenses incurred under this Division be paid wholly or in part by the municipality under supervision and included in the operating budget of the municipality.

ADMINISTRATION

Appointment of administrator

208(1)      Where the Lieutenant Governor in Council believes that a municipality is in serious financial difficulty and considers it to be in the best interests of the municipality, its voters and creditors, that the affairs of the municipality be administered by an independent administrator, the Lieutenant Governor in Council may by order

(a) place the affairs of the municipality under supervision; and

(b) appoint an administrator of the affairs of the municipality.

Notice in Manitoba Gazette

208(2)      Notice of an order made by the Lieutenant Governor in Council under subsection (1) must be published in The Manitoba Gazette.

Effect of appointment

208(3)      When an administrator is appointed under subsection (1), the then existing council and chief administrative officer of the municipality are deemed to have resigned from office and are no longer qualified to act for or on behalf of the municipality or to exercise the powers, duties or functions given to councils, members of council or a chief administrative officer under this or any other Act.

S.M. 2005, c. 27, s. 158.

Powers of administrator

209         Subject to this Part, an administrator has the powers and authority and is subject to the restrictions and responsibilities of the council of a municipality under this or any other Act or a by-law.

Administrator may demand books

210         The administrator may demand from the chief administrative officer of the municipality all money, securities, evidences of title, and municipal records.

Administrator to be bonded

211         The administrator must be bonded as determined by the minister for the faithful performance of his or her duties.

Administrator under control of minister

212         The administrator must consult the minister and be guided by his or her advice and directions.

Advisory committee

213         The minister may

(a) appoint or make provision for the election of a local committee of voters whom the administrator may consult respecting the affairs of the municipality; and

(b)  fix the remuneration of the members of the local committee, to be paid from the funds of the municipality.

S.M. 2005, c. 27, s. 158.

Supervision by minister

214         Section 204 (ministerial directions) applies with necessary modifications to the supervision of the administrator by the minister.

Approval of administrator's by-laws

215         No by-law passed by the administrator is effective until approved by the minister.

Payment of expenses

216         Section 207 (payment of expenses) applies with necessary modifications to the expenses of the administrator.

Restoration of municipal status

217         Where the Lieutenant Governor in Council considers it advisable to provide that the affairs of the municipality again be conducted by a council, the Lieutenant Governor in Council may by order

(a) make suitable provisions for the election of a new council for the municipality;

(b) revoke the appointment of the administrator effective upon such election; and

(c) authorize the minister to require the municipality and its chief administrative officer to submit annually to the minister particulars of its program as set out in clauses 200(2)(a) to (c).

RECEIVERSHIP

Dissolution of municipality

218         Where the Lieutenant Governor in Council believes that a municipality is insolvent or is in imminent danger of insolvency and considers it to be in the best interests of the municipality, its voters and creditors that the municipality be dissolved and its affairs wound up, the Lieutenant Governor in Council may by order

(a) dissolve the municipality; and

(b) authorize the minister to appoint a receiver.

S.M. 2005, c. 27, s. 158.

Effect of dissolution

219(1)      When a receiver is appointed under section 218, the municipality is deemed to be dissolved and the then existing council and chief administrative officer of the municipality are deemed to have resigned from office and are no longer qualified to act for or on behalf of the municipality or to exercise the powers, duties or functions given to councils, members of council or a chief administrative officer under this or any other Act.

Publication in Manitoba Gazette

219(2)      Notice of an order made by the Lieutenant Governor in Council under section 218 must be published in The Manitoba Gazette.

Receiver under control of minister

220         The receiver must consult the minister and be guided by his or her advice and directions.

Receiver may demand books

221         The receiver may demand from the chief administrative officer of the municipality, all money, securities, evidences of title, and municipal records.

Powers to realize upon assets

222         The receiver may

(a) realize upon the assets of the municipality; and

(b) with the approval of the minister, sell the assets of the municipality and execute, in the name of and on behalf of the municipality, all documents.

Receiver to be bonded

223         The receiver must be bonded as determined by the minister for the faithful performance of his or her duties.

Application of money

224         The receiver must apply all money received by him or her in payment of the liabilities of the municipality as far as circumstances permit, in the following order of priority:

(a) costs and expenses incidental to the receivership, including expenses of the receiver;

(b) salaries owing to employees of the municipality;

(c) amounts owing by the municipality to the Crown and to the several school districts or school divisions for which the municipality collects taxes;

(d) other just debts of the municipality, rateably and without preference or priority.

Payment of expenses

225         Section 207 (payment of expenses) applies with necessary modifications to the expenses of the receiver.

Distribution of assets for school purposes

226         The minister may order the receiver of a dissolved municipality to assign and transfer all or any portion of the assets of the dissolved municipality to the respective school districts or school divisions for which the municipality collects taxes, or to a trustee of them, in the manner provided in the order, in settlement of all claims of the respective school districts or school divisions against the municipality.

GENERAL

Regulations

227         The Lieutenant Governor in Council may make regulations respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent and purpose of this Division.

Offence and penalty

228         A member of a council or a chief administrative officer who fails to comply with a demand of a supervisor, administrator or receiver of the municipality that he or she is authorized to make is guilty of an offence and 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.

PART 7

BY-LAWS:  GENERAL JURISDICTION

DIVISION 1

APPLICATION

Geographic application of by-laws

229         A by-law of a municipality applies only within its boundaries unless

(a) the municipality agrees with another municipality that a by-law passed by one has effect within the boundaries of the other and the council of each municipality 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 municipality.

By-law inconsistent with other legislation

230         A by-law that is inconsistent with an Act or regulation in force in the province is of no effect to the extent of the inconsistency.

DIVISION 2

SPHERES OF JURISDICTION

Guide to interpreting power to pass by-laws

231         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 municipality 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 municipality.

Spheres of jurisdiction

232(1)      A council may pass by-laws for municipal 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, municipal roads, recreation centres, restaurants, facilities, retail stores, malls, and private clubs and facilities that are exempt from municipal taxation;

(c) subject to section 233, activities or things in or on private property;

(d) municipal 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 municipal roads;

(f) property adjacent to highways or municipal 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;

(n.1) the establishment of a program of property tax credits to encourage and assist in the renovation of buildings that have been designated as municipal heritage sites under The Heritage Resources Act;

(o) the enforcement of by-laws.

Exercising by-law-making powers

232(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 municipality or for the use of property under the ownership, direction, management or control of the municipality;

(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 municipality,

(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, and

(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 municipality to report to the municipal office before conducting business in the municipality; and

(h) require pawnbrokers to report all transactions by pawn or purchase to the head of council or to the police.

S.M. 2001, c. 30, s. 5.

Content of by-laws under clause 232(1)(c)

233         A by-law under clause 232(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 232(1)(f)

234         Without limiting the generality of clause 232(1)(f) (property adjacent to highways or municipal 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 232(1)(m)

235         Despite The Public Utilities Board Act, including section 106 (conflict of interest) 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 232(1)(m) is not subject to that Act.

Requirements prior to passing by-law under clause 232(1)(n.1)

235.1(1)    A council may pass a by-law under clause 232(1)(n.1) only after it has

(a) adopted a development plan under The Planning Act that includes objectives and policies respecting the preservation, protection or enhancement of buildings by reason of their historical significance; and

(b) passed a by-law under The Heritage Resources Act providing for the issuance, suspension and cancellation of municipal heritage permits.

Content of heritage tax credit by-law

235.1(2)    A by-law under clause 232(1)(n.1) (tax credits for heritage buildings) may, without limiting the generality of that clause,

(a) specify the taxes against which there may be a tax credit;

(b) determine the types of renovations and costs associated with renovations that are eligible for a tax credit;

(c) impose terms and conditions on the entitlement to a tax credit;

(d) provide for the amount, or the means of determining the amount, of a tax credit;

(e) establish a maximum annual tax credit for each building;

(f) fix the period of time during which a tax credit may be applied to taxes;

(g) make provision for any other matter that council considers necessary or advisable.

S.M. 2001, c. 30, s. 6.

Content of by-laws under clause 232(1)(o)

236(1)      Without limiting the generality of clause 232(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,

(v) charging and collecting costs incurred in respect of acting under subclause (iv),

(vi) imposing a sentence of imprisonment for not more than six months for the commission of offences or nonpayment of fines.

Application of clause 232(1)(o)

236(2)      Clause 232(1)(o) applies only in respect of a by-law passed under this Part.

No licence required for sale of own produce

237         Despite clause 232(2)(e) (by-laws respecting licences, permits, approvals), a municipality 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 amusement tax

238         A fee imposed under this Division is in addition to, and not in lieu of, a business tax imposed under Division 3 of Part 10 or an amusement tax imposed under Division 6 of Part 10.

DIVISION 3

ENFORCEMENT OF BY-LAWS

Municipal inspections and enforcement

239(1)      If this or any other Act or a by-law authorizes or requires anything to be inspected, remedied, enforced or done by a municipality, a designated officer of the municipality 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, enforcement or action authorized or required by the Act or by-law;

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

(c) make copies of anything related to the inspection, remedy, enforcement or action.

Identification

239(2)      The designated officer must display or produce on request identification showing that he or she is authorized to make the entry.

Emergencies

239(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

240(1)      The municipality may apply to the court for an order under subsection (2) if a person

(a) refuses to allow or interferes with the entry, inspection, enforcement or action referred to in section 239; or

(b) refuses to produce anything to assist in the inspection, remedy, enforcement or action referred to in section 239.

Court order

240(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, inspection, enforcement or action; or

(b) requiring the production of anything to assist in the inspection, remedy, enforcement or action.

Inspection of meters

241(1)      If a designated officer of a municipality 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.

Court order

241(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.

Order to remedy contravention

242(1)      If a designated officer finds that a person is contravening a by-law or this or any other Act that the municipality 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.

Content of order

242(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 reoccurrence 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 municipality will take the action or measure at the expense of the person.

Order to remedy dangers and unsightly property

243(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) 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) fill in the excavation or hole and level the site;

(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, remove or demolish the structure and level the site.

Further content of order

243(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 municipality will take the action or measure at the expense of the person.

Review by council

244(1)      A person who receives a written order under section 242 or 243 may 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.

Powers of council

244(2)      After reviewing the order, the council may confirm, vary, substitute or cancel the order.

Municipality remedying contraventions

245(1)      A municipality may take whatever action or measures are necessary to remedy a contravention of a by-law or this or any other Act that the municipality 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 242;

(b) the order contains a statement referred to in clause 242(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 municipality to take the action or measures.

Closure of premises

245(2)      If the order under section 242 directs that premises be put and maintained in a sanitary condition, the municipality may, under this section, close the premises and use reasonable force to remove occupants.

Costs

245(3)      The costs of an action or measure taken by a municipality under this section are an amount owing to the municipality by the person who contravened the Act or by-law.

Remedying dangers and unsightly property

246(1)      A municipality 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 municipality has given a written order under section 243;

(b) the order contains a statement referred to in clause 243(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 municipality to take the action or measures.

Removal of occupants

246(2)      If a structure is being removed or demolished by a municipality under this section, the municipality may use reasonable force to remove occupants.

Costs

246(3)      The costs of an action or measure taken by a municipality under this section are an amount owing to the municipality by the person who was required to do something by the order under section 243.

Proceeds of sale

246(4)      If the municipality 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.

Emergencies

247(1)      Despite sections 243, 245 and 246, in an emergency a municipality may take whatever actions or measures are necessary to eliminate the emergency.

Application

247(2)      This section applies whether or not the emergency involves a contravention of this or any other Act that the municipality is authorized or required to enforce, or a by-law.

Compliance with order

247(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

247(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 municipality.

Costs

247(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 municipality by the person who caused the emergency and may be collected by the municipality in the same manner as a tax may be collected or enforced under this Act.

Application to court to enforce by-law

248         A municipality may apply to the court for an injunction or other order to enforce a by-law of the municipality 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

249(1)      A person who contravenes a by-law of a municipality 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.

Continuing offence

249(2)      Where a contravention continues for more than one day, the person is guilty of a separate offence for each day it continues.

Disposition of fines

249(3)      A fine imposed for contravening a by-law of a municipality must be paid to the municipality.

File 1: s. 1 to 249 (Parts 1 to 7)
File 2: s. 250 to 480 (Parts 8 to 17)

 

 
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