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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)

PART 8
CORPORATE POWERS
DIVISION 1
GENERAL POWERS
250(1) Municipality is corporation
(2) General powers
251(1) Power to acquire property
(2) Exercising power to mortgage
252(1) Powers respecting works, services, utilities
(2) Collection of fees
253(1) Scope of agreements
(2) Power to enter agreements and use funds
254(1) Expropriation for municipal purpose
(2) Authority to enter upon land
255 Land acquired in other municipality
256 Maintenance of municipal cemeteries
257 Municipality may not assert lack of authority
DIVISION 2
ECONOMIC DEVELOPMENT
258(1) Definition
(2) Encouraging economic development
(3) Strategic plan
(4) Condition of grant
DIVISION 3
TAX SHARING AGREEMENTS
259 Agreements
259.1 Application to City of Winnipeg
DIVISION 4
SERVICES IN OTHER MUNICIPALITIES
260(1) Providing service to other municipality
(2) Terms and conditions
(3) Municipality may pay charges
DIVISION 5
GRANTS, TAX CREDITS AND TAX INCREMENT FINANCING
261(1) Power to make grants
(2) Benefit may be to only part of municipality
(3) Recipient may be outside municipality
(4) Grant to regional development corporation
(5) Condition of grant to regional development corporation
(6) Definition
261.1 Definitions
261.2(1) Establishing financial assistance programs
(2) Provisions of financial assistance programs
261.3(1) Establishing tax increment financing programs
(2) Provisions of tax increment financing programs
PART 9
DUTIES OF MUNICIPALITIES
DIVISION 1
RETENTION AND DISPOSITION OF MUNICIPAL RECORDS
262(1) Retention of municipal records
(2) Certain documents not to be destroyed
DIVISION 2
ACCESS TO INFORMATION
263(1) Municipal records to be provided on request
(2) Council may authorize access to other records
(3) Copy of municipal record
(4) Copying fees
(5) Certain information not available
DIVISION 3
FIRE PROTECTION SERVICES AND POLICE SERVICES
FIRE PROTECTION SERVICES
264 Fire protection services
265 Fire protection force
266 Agreement
267(1) Fees for false alarms
(2) Collection of fees
268 Services of fire protection force
269
270 Powers of fire protection force
POLICE SERVICES
271(1) Certain urban municipalities
(2) Other urban municipalities, and rural municipalities
(3) Amalgamated municipalities
272(1) Agreements respecting policing
(2) Effect of agreement
(3) Powers and duties of constables
DIVISION 4
273 to 278
279
280 and 281
DIVISION 5
PHYSICALLY DISABLED PERSONS' PARKING
282 Definitions
283(1) Parking by-law for physically disabled persons
(2) Fine
(3) Vehicle towed
(4) Transitional
284(1) By-law for designated parking spaces
(2) Content of by-law
DIVISION 6
MUNICIPAL ROADS
285 Definition of "municipal road"
286(1) Title to land
(2) Certain rights preserved
287 Control of municipal roads
288 Powers respecting municipal roads
289 Opening a municipal road
290(1) Closing a municipal road
(2) Notice of proposed closing
291(1) Leasing land with closed municipal road
(2) Sale of land used for municipal road
(3) Mines and minerals in land with closed municipal road
(4) Sale of land shown as road allowance
292 Sand and gravel
293 Maintenance of municipal roads and certain land after approval
294 Standard of construction and maintenance
DIVISION 6.1
DRAINS
294.1(1) Definition
(2) Jurisdiction over drains
(3) Duties re drains
(4) Municipality's power to clear drains
DIVISION 7
INTER-MUNICIPAL ROADS, BRIDGES, AND DRAINS
295(1) Joint responsibility to maintain
(2) Standard of construction and maintenance
(3) Agreement to construct or maintain
(4) Joint jurisdiction over municipal roads and bridges
(5) Reference to Municipal Board
(6) Application to City of Winnipeg
DIVISION 8
DROWNINGS AND UNCLAIMED BODIES
296(1) Recovery of body of drowned person
(2) Municipality to bury unclaimed body
(3) Recovery of costs
(4) Recovery of costs from estate
297 Application to City of Winnipeg
PART 10
POWERS OF TAXATION
DIVISION 1
GENERAL
298(1) Definitions
(2) Interpretation
299(1) Liability for taxes in respect of property
(2) Liability for taxes in respect of business
(3) Joint liability
(4) No charge on land
300(1) Annual tax roll
(2) Tax rolls may be separate
(3) Tax roll may be part of assessment roll
(4) Content of tax roll
(4.1) Assessed value re community revitalization property
(5) Error or omission in tax roll
(6) Cancellation or reduction of taxes re property
(6.1) Cancellation or reduction of taxes re business
(7) Amended tax notice
301(1) Error or omission based on false information
(2) No liability on innocent purchaser
302(1) Annual tax notices
(2) Tax notices may be combined
(3) Content of tax notice
(4) If mailing address not shown
(5) Retained notice deemed to be sent
(6) Certificate
303 Receipt for taxes paid
DIVISION 2
PROPERTY TAXES
304(1) Property tax by-law
(2) By-law to be filed
(3) Amendment of by-law
(4) Imposition of tax on part of municipality
DIVISION 3
BUSINESS TAX
305 Application
306(1) Business tax by-law
(2) Maximum tax rate
307 Part year use or occupancy
308 Fees in lieu of business taxes
309 Tax or fee in addition to other taxes
DIVISION 3.1
MOBILE HOMES
309.1(1) Definitions
(2) Amending mobile home licence fees
(3) Phasing out mobile home licences
DIVISION 4
LOCAL IMPROVEMENTS AND SPECIAL SERVICES
310 Definition
311 Local improvement
312 Special service
313 Plan or proposal
314 Content of proposal
315(1) Content of plan
(2) Estimated cost of local improvement
(3) Costs to be paid by municipality
(4) Calculation of tax rates
(5) Apportionment of estimated cost
316(1) Basis for calculating taxes
(2) Corner and irregular lots
(3) Reduction for lands abutting a road
(4) Property subject to tax
317(1) Local improvement districts and special services areas
(2) Reference to local improvement district or special services area
318(1) Notice of plan or proposal and public hearing
(1.1) Time to send notice
(2) Content of notice
(3) Notice to railway company
(4) Notice where tax to be levied on all taxpayers
319(1) Objection to plan or proposal
(2) Content of notice
(3) Construction of sewer
320(1) By-law to approve plan or proposal
(2) Objection by 2/3 of potential taxpayers
(3)
(4) Requirements before third reading
(5) Taxpayer objection to third reading
(6) Requirements of objection
321(1) Hearing by Municipal Board
(2) Municipal Board decision
(3) Notice and opportunity to be heard
(4) Limitation on third reading
322(1) Amendment after subdivision, consolidation or change in plan
(2) Reduction in local improvement taxes
323 Agreement re land required for local improvement
324 Excess taxes
325 Prepayment of local improvement taxes
DIVISION 5
SUPPLEMENTARY TAXES
326(1) Supplementary taxes re property
(1.1) Supplementary taxes re business
(2) Supplementary taxes based on set rates
(3) Period for which supplementary taxes are payable
327(1) Supplementary tax notice
(2) Content of notice
328(1) Application to board of revision
(2) Requirements of application
(3) Requirements of Municipal Assessment Act
DIVISION 6
AMUSEMENT TAX
329 Definitions
330(1) Amusement tax by-law
(2) Rates of tax
(3) Collection of tax
331 Payment in lieu of tax
332 Exemption from tax
333 Application to City of Winnipeg
DIVISION 7
GRANTS IN LIEU OF TAXES
334 Definitions
335(1) Grants payable in lieu of taxes
(2) Liability for grant
(3) Amount of grant
(4) Exceptions
(5) Application of subsection (4)
(6) Delayed exemption
(7) Local improvement taxes payable before acquisition
(8) Grant in respect of Legislative Building, Government House
336 M.P.I.C.
337 Leaf Rapids Town Properties Ltd.
338 Application to City of Winnipeg
PART 11
TAX AND DEBT COLLECTION
DIVISION 1
GENERAL
339 Definitions
340(1) Application of payments
(2) Application to tax on specific property or business
341(1) Tax certificate
(2) Certificate binding
342(1) Collection remedies
(2) Debt to municipality
343(1) Repayment of taxes paid under protest
(2) Limited entitlement to repayment
(3) Appeal constitutes payment under protest
(4) No further assessment appeal
DIVISION 2
INCENTIVES AND PENALTIES
344 Discount for prepayment
345 Instalments
346(1) "Tax arrears" excludes current year's penalties
(2) Penalties
(3) Penalty imposed monthly
(4) Limitations
(5) Penalties added to taxes
DIVISION 3
LIENS FOR TAXES
347(1) Special lien on land and improvements
(2) Special lien on personal property
(3) Priority of lien
(4) Priority of lien for taxes
(5) Effect of bankruptcy or winding-up
DIVISION 4
SEIZURE AND SALE OF GOODS
348 Definition
349(1) Seizure for taxes
(2) Warrant for seizure
(3) Exemption from seizure
(4) Limitation on exemption
350 Entry to seize goods
351 Service of warrant
352 Acknowledgement
353 Release not to prejudice municipality
354 Limited liability for seized goods
355(1) Growing crops
(2) Sale of crops
356(1) Sale by public auction
(2) Notice of auction
(3) Surplus proceeds of sale
357(1) Order for seizure and sale before taxes due
(2) Application without notice
358(1) Application for restitution
(2) Order for restitution
(3) No further assessment appeal
DIVISION 5
MISCELLANEOUS REMEDIES
359 Removal of improvements
360(1) Demand to tenant
(2) Copy of notice to landlord
(3) Discharge of tenant's liability
361(1) Notification of insurance proceeds
(2) Content of notice
(3) Demand for payment
(4) Application of subsection (3)
(5) Waiver
362(1) Demand to purchaser of oil or natural gas
(2) Content of notice
(3) Copy of notice to taxpayer
(4) Purchaser to remit
(5) Discharge of purchaser's liability
DIVISION 6
TAX SALES OF REAL PROPERTY
363(1) Definitions
(2) Interpretation
(3) Non-application of Real Property Act
364 Tax arrears list
365(1) Mandatory auction
(2) Council may designate year
(3) Sale by public auction
(4) Limitation
366(1) Notice of tax sale
(2) Registration of notice
(3) Directions for service of notice
(4) Different directions for different properties
367(1) First notice of auction
(2) Second notice of auction
(3) Application for substitutional service of notice
(4) District registrar may grant substitutional service
(5) Compliance with directions for service
(6) Content of notice of auction
(7) Public notice of auction
(8) Content of public notice of auction
368(1) Municipality entitled to possession
(2) Order for possession
369(1) Cancellation or adjournment of auction
(1.1) Outstanding balance remains owing
(2) Notice of cancellation or adjournment
(3) Continuing in possession
(4) Application of money
370(1) Declaratory relief
(2) Time limit
(3) Adjournment of tax sale pending outcome of application
371(1) Time for payment of arrears and costs
(2) Tax arrears paid
372 Conditions of sale, reserve bid
373 Prohibited bidders, purchasers and agents
374 Municipality may bid
375(1) Sale of property
(2) Sale for reserved bid
(3) Sale for less than tax arrears and costs
(4) No sale
376(1) Tax sale application
(2) Application in name of municipality
377(1) Challenge to tax sale
(2) Time for challenge to tax sale
(3) Registration of tax sale purchaser as owner
(4) Title of purchaser
(5) Application to bring property under new system
(6) Invalid tax sale does not invalidate purchaser's title
378(1) Failure to give proper notice
(2) Incompleted tax sale
379 No action against district registrar
380(1) Surplus proceeds
(2) Priority of claim to excess
(3) Proceeds of sale to municipality
(4) Application of surplus proceeds
381 Registrar General
PART 12
LIABILITY OF MUNICIPALITIES AND OTHER LEGAL MATTERS
DIVISION 1
CHALLENGING BY-LAWS AND RESOLUTIONS
382(1) Application for declaration of invalidity
(2) When by-law is discriminatory
(3) Order
383(1) Time limit for action under clause 382(1)(d)
(2) Validity relating to public participation
384 No challenge on certain grounds
DIVISION 2
LIABILITY OF MUNICIPALITIES
385 Definitions
MUNICIPAL ROADS
386(1) No liability unless municipal road
(2) Liability for municipal roads
(3) Liability for location of municipal road
BUILDING INSPECTIONS
387(1) Requests for inspections
(2) Negligent inspections
(3) Certification by professionals
(4) Matters outside scope of inspection
(5) Failure to comply with conditions
(6) Failure to prevent or limit loss
(7) Inspection not a guarantee
OTHER MATTERS
388(1)
(2) Limited liability for public facility
389 Limited liability for utilities or services
390 Limited liability for water overflow
391 Limitation on standard of care for protective fire services
392 Exercise of discretion
393 Liability for remedying contravention of by-law
394 No liability for negligent supervision by others
395 No liability for certain nuisances
396(1) Notice requirement
(2) Limitation of actions
DIVISION 3
JUDGMENTS AGAINST MUNICIPALITIES
397(1) Service of judgment
(2) Payment by municipality
(3) Borrowing to pay judgment
(4) Amount of tax
398 Failure to pay judgment
399 Effect of deduction
400(1) Liens against municipal property
(2) Registration of judgment
401 Prohibition of execution against municipality
DIVISION 4
INDEMNIFICATION OF MEMBERS OF COUNCIL, MUNICIPAL EMPLOYEES, AND VOLUNTEERS
402 Definitions
403(1) Protection from liability
(2) No protection re defamation
(3) No protection re municipality
404(1) Indemnification on successful defence
(2) Discretion to indemnify
(3) Costs incurred under Conflict of Interest Act
PART 13
MUNICIPAL EMPLOYEES PENSIONS
DIVISION 1
PENSIONS AND GRATUITIES
405(1) Retiring grant or annuity
(2) Repeal or amendment of by-law
406(1) Definition
(2) Pension plan required
(2.1) Additional benefits
(3) Plans before January 1, 1971
(4) Plan under Division 2
(5) Termination of pension plan
DIVISION 2
MUNICIPAL EMPLOYEES BENEFITS PROGRAM
407 Definitions
408(1) Board continued
(2) Powers of board
(3) Term of members of the board
(4) Application of Corporations Act
409 Fund and plan continued
410(1) Board may amend plan
(2) Trust agreement
(3) Plan and fund administration after execution of trust agreement
(4) Additional benefits
411 Municipalities bound
412 Deposits to fund
413 Plan membership
414 to 416
PART 14
MISCELLANEOUS
REGULATIONS
417(1) L.G. in C. regulations
(2) Retroactive regulation
(3) Time limitation on regulation
418(1) Regulations by minister
(2) Consultation with Municipal Advisory Committee
419 Publication is proof of compliance
NOTICE
420(1) Notice of a public hearing
(2) Content of the notice
(3) Other public notices
(4) Content of other public notices
(5) Certification of public notice
421(1) Service of notices and other documents
(2) Notice of public hearing
(3) Posting of notice
422 Service of documents on a municipality
CERTIFIED COPIES OF MUNICIPAL RECORDS
423(1) Admissibility of certified copy in evidence
(2) Admissibility of record in converted form
(3) Certificate
(4) Judicial notice
424 Deemed change of certain terms
PART 15
TRANSITIONAL PROVISIONS
425 Definitions
426 Continuation of certain Acts
427(1) Towns, villages and cities continued as urban municipalities
(2) Rural municipalities continued as rural municipalities
428(1) L.G.D.s continued as towns
(2) L.G.D.s continued as rural municipalities
429 Effect of continuation of municipality or L.G.D
430 Annexation in process under former Act
431(1) Councils of municipalities continued
(2) Members continue as if elected under this Act
(3) Application of clause 91(d) and subsection 92(7)
432(1) Elected committees and councils of L.G.D.s continued
(2) Members of committees and councils continued
433 Resident administrator of L.G.D.
434(1) Continuation of unincorporated village districts
(2) Continuation of unincorporated urban districts
(3) Committees of U.V.D.s and U.U.D.s continued
(4) Members of committees continued
(5) Effect of continuation of U.V.D.s and U.U.D.s
(6) By-elections before first general election
435(1) By-laws, resolutions, appointments and other decisions
(2) Organizational by-law and procedures by-law
436 Licences, permits, approvals and authorizations
437 Agreements and contracts
438
439 Funds and reserves under former Act
440 Borrowing
441 Continuation of tax and penalty
442 Tax rolls and tax notices
443 Tax sales and redemptions
444 Application of former Municipal Act to City of Winnipeg
445 Transitional regulations
PART 16
446 to 477
PART 17
REPEAL, C.C.S.M. REFERENCE, COMING INTO FORCE
478 Repeal
479 C.C.S.M. reference
480 Coming into force

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

 

 
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