S.M. 2002, c. 39
The City of Winnipeg Charter
PART 6 | ||
PLANNING AND DEVELOPMENT | ||
DIVISION 1 | ||
PLANS | ||
PLAN WINNIPEG | ||
224 | Adoption of Plan Winnipeg | |
225 | (1) | Initiation of amendments to Plan Winnipeg |
(2) | Right to hearing | |
(3) | Application may be refused | |
226 | (1) | Periodic review |
(2) | Minister's order to review | |
(3) | Method of review | |
(4) | By-law to be re-enacted, amended or replaced | |
(5) | Conformance with provincial land use policies | |
PLAN WINNIPEG BY-LAWS | ||
227 | (1) | Hearings on Plan Winnipeg by-laws |
(2) | Second reading of proposed by-law | |
228 | (1) | Submission to minister |
(2) | Notice of second reading | |
MINISTER'S ACTIONS | ||
229 | (1) | Decision of minister |
(2) | Referral to Municipal Board | |
(3) | Where by-law approved by minister | |
230 | (1) | Hearing by Municipal Board |
(2) | Adoption after Municipal Board report | |
231 | Forwarding copy of by-law to minister | |
232 | (1) | Referral of Plan Winnipeg by-law to L. G. in C. |
(2) | Enactment of by-law by L. G. in C. | |
233 | Public notice of Plan Winnipeg by-law | |
SECONDARY PLANS | ||
234 | (1) | Adoption of secondary plans |
(2) | Conformity with Plan Winnipeg | |
(3) | Hearing on secondary plan by-law | |
EFFECT OF PLAN BY-LAWS | ||
235 | Compliance with plan by-laws | |
DIVISION 2 | ||
DEVELOPMENT | ||
236 | (1) | Council to pass zoning by-laws |
(2) | Content of zoning by-law | |
(2.1) | "Affordable housing" to be defined | |
(3) | Hearing on zoning by-law | |
237 | Where non-conforming use not permitted | |
238 | (1) | Effect of zoning by-law on caveats |
(2) | Development scheme is a restriction | |
239 | Amendment required by Municipal Board | |
DEVELOPMENT AGREEMENTS | ||
240 | (1) | Authority for development agreements |
(2) | Registration of agreement in L.T.O. | |
(3) | Agreement binding on successors | |
(4) | Timing of agreement and by-law | |
240.1 | Development agreements for affordable housing | |
NON-CONFORMING USES | ||
241 | (1) | Previously conforming building and use continued |
(2) | What constitutes existing building | |
242 | Certificate may be issued | |
243 | (1) | Limitation on alteration or addition |
(2) | Damaged non-conforming building | |
244 | (1) | Non-conforming use ending after 12 months |
(2) | Effect of change of ownership on use | |
245 | (1) | Cancellation of permits |
(2) | Expenses where permit cancelled | |
(3) | Arbitration | |
246 | (1) | Withholding permit |
(2) | Extension of withholding | |
(3) | Compensation | |
VARIANCES | ||
247 | (1) | Approval of variances |
(2) | Authority respecting variances | |
(3) | Criteria for approving variances | |
(4) | Restrictions on variances | |
248 | (1) | Disposition of applications for variances |
(2) | Submissions before setting conditions | |
249 | Procedure by planning commission | |
250 | (1) | Notice of decision |
(2) | Notice of decision by planning commission | |
251 | (1) | Appeals on variances |
(2) | Appeals to committee of council | |
(3) | Procedure for appeal | |
252 | Termination of variances | |
CONDITIONAL USES | ||
253 | (1) | Approval of conditional uses |
(2) | Authority respecting conditional uses | |
254 | Procedure for applications for conditional uses | |
SUBDIVISION STANDARDS | ||
255 | (1) | Subdivision standards by-law |
(2) | Content of standards by-law | |
(3) | Referral of proposed subdivision standards by-law for report | |
SUBDIVISION APPROVALS | ||
256 | (1) | Delegation to committee of council |
(2) | Hearing on certain applications | |
257 | (1) | Restriction on approvals of plans of subdivision |
(2) | Submission before setting conditions | |
258 | Effect of approval by committee or employee | |
259 | (1) | Conditions for plans of subdivision |
(2) | Effect of agreement | |
CONDITION OF SUBDIVISION APPROVAL — LAND FOR SCHOOL SITES | ||
259.1 | ||
259.2 | (1) | Prohibition — advertising future school buildings |
(2) | Exception | |
(3) | Definitions | |
259.3 | Offence | |
CONSENTS FOR REGISTRATION OF INSTRUMENTS | ||
260 | (1) | Authority to grant consents |
(2) | Consent to dealing with land | |
(3) | Submission before setting conditions | |
261 | (1) | Certificate of consent |
(2) | Expiry of consent | |
DISPOSITION OF CONVEYED LAND | ||
262 | (1) | Land conveyed to city |
(2) | Money received by city | |
RESTRICTION ON INSTRUMENTS EFFECTING SUBDIVISION | ||
263 | (1) | Instruments not to be accepted |
(2) | Instruments void | |
(3) | Exceptions to subsections (1) and (2) | |
(4) | Contiguity of land | |
(5) | Easement not a subdivision | |
264 | Unregistered instrument effecting subdivision | |
OBSOLETE PLANS OF SUBDIVISION | ||
265 | (1) | Declaration respecting expiry of plans |
(2) | Notice of by-law | |
(3) | Registration of by-law | |
(4) | Coming into force of by-law | |
EXPIRY OF APPROVAL | ||
266 | (1) | Registration of plan of subdivision in L.T.O. |
(2) | Time of approval | |
SUBDIVISION IN FLOODWAY AREAS | ||
267 | (1) | Restriction on subdivisions in floodway area |
(2) | Agreements re land in floodway areas | |
(3) | Registration and amendment of agreement | |
FILING OF CAVEATS | ||
268 | (1) | Caveat respecting agreements |
(2) | Withdrawal of caveats | |
DIVISION 3 | ||
AIRPORT VICINITY PROTECTION AREA | ||
ESTABLISHMENT AND REGULATIONS | ||
269 | (1) | Regulations re protection of airport vicinity |
(2) | Repealed | |
(3) | Compliance with regulations under subsection (1) | |
270 | (1) | Referral to Municipal Board |
(2) | Hearing by Municipal Board | |
(3) | Restriction on adoption of by-law | |
DEVELOPMENT IN AIRPORT AREA | ||
271 | Zoning by-laws in airport vicinity protection area | |
272 | Application of section 270 | |
DIVISION 4 | ||
PLANNING COMMISSION | ||
273 | (1) | Establishment of planning commission |
(2) | Application | |
274 | (1) | Powers, duties and functions of commission |
(2) | Committee of council duties assigned to commission | |
(3) | Planning commission to act by resolution | |
DIVISION 5 | ||
PROCEDURES | ||
DEVELOPMENT | ||
275 | (1) | Initiation of development proposals |
(2) | Rejection of applications | |
ERRORS AND CORRECTIONS | ||
276 | Amendments for errors or corrections | |
NOTICE OF HEARING | ||
277 | Notices of hearings | |
COMBINED HEARINGS | ||
278 | (1) | Combined hearings and notices |
(2) | Combinations of hearings | |
(3) | Exercise of powers where hearings combined | |
AVAILABILITY OF MATERIALS | ||
279 | Material available for inspection | |
HEARING BODIES | ||
280 | (1) | Recommendations by hearing body |
(2) | Decisions by hearing body | |
(3) | Notice of report to council | |
PASSING OR REJECTING BY-LAWS | ||
281 | Consideration of recommendation re by-law | |
282 | Notice respecting by-law | |
PART 7 | ||
FINANCIAL ADMINISTRATION | ||
DIVISION 1 | ||
BUDGETS | ||
283 | Fiscal year | |
284 | (1) | Annual operating budget |
(2) | Capital budget and forecast | |
(3) | Manner and form | |
285 | (1) | Content of operating budget |
(2) | Expenditures not to exceed revenues | |
286 | Content of capital budget and capital forecast | |
287 | Grants to city | |
DIVISION 2 | ||
EXPENDITURES | ||
288 | (1) | Expenditures |
(2) | Expenditures before budget adopted | |
(3) | Expenditures for purposes not set out in budget | |
289 | (1) | Reserve funds |
(2) | Definition of "financial institution" | |
(3) | Investment of reserve funds | |
(4) | Restriction on use of reserve funds | |
DIVISION 3 | ||
INVESTMENTS | ||
290 | Investment of money | |
291 | (1) | Financial agreements |
(2) | Policy for financial agreements | |
(3) | Changes in the policy must be approved | |
DIVISION 4 | ||
BORROWING | ||
292 | Definition of "relevant sinking fund account" | |
GENERAL AUTHORITY | ||
293 | Temporary borrowing | |
294 | (1) | Long-term borrowing authority |
(2) | Approval of Minister of Finance required | |
(3) | Details in application | |
(4) | Consideration by Minister of Finance | |
295 | (1) | Reference to Municipal Board |
(2) | Report of Municipal Board | |
296 | Notification to city | |
297 | Borrowing must complies with conditions | |
CITY SECURITIES | ||
298 | (1) | Powers and duties of chief financial officer re city securities |
(2) | Terms and conditions of city securities | |
(3) | Other powers respecting city securities | |
(4) | No preferences | |
299 | (1) | Chief financial officer to report |
(2) | Payments under city securities | |
(3) | Application re obligation to levy and raise amounts | |
(4) | Payments into sinking fund | |
300 | (1) | Policy for variable interest rate securities |
(2) | Changes in the policy must be approved | |
301 | (1) | Use of money received |
(2) | Money not required | |
(3) | Reduction of levies etc. | |
(4) | Full amount recoverable | |
302 | Refinancing city securities | |
303 | (1) | Consolidating securities by-laws |
(2) | Contents of by-law | |
SINKING FUNDS | ||
304 | (1) | Limitation on use of sinking funds |
(2) | Deficiency in sinking fund | |
305 | Chief financial officer's duties re sinking funds | |
306 | (1) | Management of sinking funds |
(2) | Payments from sinking fund account | |
(3) | Surpluses in sinking fund account | |
307 | (1) | Establishment of Sinking Fund Committee |
(2) | Powers and duties of Sinking Fund Committee | |
(3) | Chief financial officer may not delegate | |
FOREIGN CURRENCIES | ||
308 | (1) | Borrowing in foreign currencies |
(2) | Calculation of amount | |
LIABILITY | ||
309 | (1) | Restrictions |
(2) | Unused borrowing authority may be rescinded | |
310 | Liability on local improvement securities | |
311 | Defect in form | |
MISCELLANEOUS | ||
312 | Application of section 86 of Municipal Board Act | |
313 | Evidence respecting city securities | |
FINANCIAL STATEMENTS | ||
314 | Annual financial statements | |
PART 8 | ||
ASSESSMENT, TAXATION AND OTHER LEVIES ON PROPERTY | ||
315 | (1) | Definitions |
(2) | Definitions in Municipal Assessment Act apply | |
DIVISION 1 | ||
ASSESSMENT | ||
BUSINESS ASSESSMENT | ||
316 | (1) | Municipal Assessment Act applies |
(2) | All businesses to be assessed | |
(3) | Exception | |
317 | Specific exemptions | |
318 | (1) | Annual rental value to include cost of services |
(2) | Basis of annual rental value | |
(3) | Determining annual rental value | |
319 | (1) | Subtenants and assessment |
(2) | Filling stations | |
(3) | Gas distribution system | |
LICENCE IN LIEU OF BUSINESS TAX | ||
320 | (1) | By-law requiring licence |
(2) | Collection of licence in lieu fees | |
MOBILE HOME LICENCES | ||
321 | (1) | By-law requiring licence of mobile homes |
(2) | No licence for tourists | |
(3) | Collection of mobile home licence fees | |
ADJUSTMENTS IN BUSINESS TAX | ||
322 | (1) | Adjustment of business tax on reassessment |
(2) | Limitation on by-law under subsection (1) | |
UTILITY CORPORATIONS' PROPERTY | ||
323 | (1) | Utility corporations' property assessments |
(2) | Liability of corporation for other tax | |
324 | Telephone companies | |
ASSESSMENT ROLLS | ||
325 | (1) | Completion of assessment rolls |
(2) | Form of rolls | |
326 | Certification of rolls | |
327 | Defects do not invalidate | |
328 | Assessment rolls valid and binding | |
REVISION OF ASSESSMENT | ||
329 | Rolls subject to revision | |
330 | (1) | Change in taxes payable |
(2) | Change in tax after revision | |
331 | Repealed | |
DIVISION 2 | ||
TAXATION | ||
LIABILITY FOR TAXES | ||
332 | (1) | Liability for real property taxes |
(2) | Liability for business tax or fee | |
(3) | Liability of owner for business tax | |
(4) | Partnerships | |
(5) | Joint liability | |
(6) | Business tax not a charge on real property | |
LIABILITY OF CITY FOR TAXES | ||
333 | (1) | Exemption from taxation |
(2) | Agreements regarding taxes | |
(3) | Taxes payable in certain cases | |
IMPOSING TAXES | ||
334 | (1) | Fixing property, personal and business tax rates |
(2) | Fixing local improvement and frontage tax rates | |
(3) | By-laws re payment of taxes | |
(4) | By-law may specify purpose of instalment | |
(5) | Restriction on discounts | |
(6) | Application of prepayment | |
334.1 | (1) | Establishing classes for purposes of business tax |
(2) | Different rates for different classes | |
(3) | Corrections — business tax rate | |
(4) | Provisions that apply to corrections | |
(5) | Appeal | |
335 | Taxes imposed on January 1 | |
TAX ROLLS | ||
336 | Preparation of tax rolls | |
337 | (1) | Tax rolls may be combined |
(2) | Tax roll may be combined with assessment roll | |
338 | Form of rolls | |
339 | (1) | Content of tax roll |
(2) | Assessed value re community revitalization property | |
340 | (1) | Cancellation or reduction of taxes |
(2) | Amended tax notice | |
(3) | Refunds | |
(4) | Period of refunds | |
341 | (1) | Supplementary taxes |
(2) | Rates of supplementary taxes | |
(3) | Period of supplementary taxes | |
(4) | Liable for supplementary taxes only while owner | |
342 | Supplementary tax notice | |
343 | (1) | Validity of tax rolls |
(2) | Adjustments to tax rolls | |
TAX NOTICES AND COLLECTION | ||
344 | (1) | Issuing tax notices |
(2) | Entry of date of notice | |
(3) | Material with tax notices | |
TAXES RE SUBDIVISIONS | ||
345 | (1) | If land in tax arrears subdivided |
(2) | If plans of subdivision cancelled | |
TAXES PAID BY MISTAKE | ||
346 | Refund and charging | |
CANCELLATION OF TAXES | ||
347 | Council may cancel taxes | |
PENALTIES AND INTEREST | ||
348 | (1) | Council may set penalties |
(2) | Collection of penalties | |
(3) | Penalty applies in spite of appeal | |
349 | Interest on refunds | |
DIVISION 3 | ||
COLLECTION OF TAX ARREARS AND DEBTS | ||
GENERAL | ||
350 | Payments on tax arrears | |
351 | (1) | Collection remedies |
(2) | Debt owing to city | |
(3) | Evidence of taxes payable | |
352 | (1) | Tax certificate |
(2) | Certificate binding | |
LIENS FOR TAXES | ||
353 | (1) | Special lien on land and improvements |
(2) | Special lien on personal property | |
(3) | No registration and priority of lien | |
(4) | No lien on land for business tax etc. | |
(5) | No lien on goods on consignment or in storage | |
354 | (1) | Priority in bankruptcy |
(2) | Personal property of bankrupt liable | |
DISTRAINT AND SALE OF PERSONAL PROPERTY | ||
355 | Sale or distraint for lien under subsection 353(2) | |
356 | (1) | Distress and sale for taxes |
(2) | Sale and right of distraint | |
(3) | Distress and sale to be by tax collector | |
(4) | Right of entry of person levying distress | |
357 | (1) | Restriction on distraint |
(2) | Where subsection (1) not to apply | |
358 | (1) | Persons in possession to pay taxes |
(2) | Distraint for real property taxes | |
(3) | Exception | |
359 | Acknowledgment | |
360 | Release not to prejudice city | |
361 | Limit on liability for distrained property | |
362 | (1) | Sale of distrained goods |
(2) | Notice of sale | |
363 | (1) | Proceeds of sale of seized property |
(2) | Where person entitled not known | |
364 | (1) | Application to court re seizure |
(2) | Order on application | |
MISCELLANEOUS REMEDIES | ||
365 | Assets insufficient to cover taxes | |
366 | (1) | Building not to be removed if taxes unpaid |
(2) | Transfer of taxes | |
367 | (1) | Tenant required to pay rent to city |
(2) | Effect of payment by tenant | |
368 | Action by tenant to recover taxes paid | |
369 | (1) | Insurance money applied to taxes |
(2) | Limitation on application of subsection (1) | |
(3) | Application of insurance money | |
(4) | Insurers to notify tax collector | |
DIVISION 4 | ||
TAX SALES FOR REAL PROPERTY TAXES | ||
370 | Definitions | |
371 | Land liable to tax sale | |
372 | Description of land | |
373 | Tax arrears list | |
374 | Preliminary steps to tax sale | |
375 | Where title vested in Crown | |
376 | (1) | First notice to registered owner |
(2) | Second notice to registered owner | |
(3) | Manner of giving notice | |
377 | (1) | Prior right of city to purchase |
(2) | Purchase money not needed | |
378 | (1) | Sale by auction |
(2) | Auction may be adjourned | |
(3) | Where bidder doesn't pay immediately | |
379 | Restriction on bidders | |
380 | Return to district registrar | |
381 | Purchaser to pay all unpaid taxes | |
382 | (1) | Tax sale certificate |
(2) | Modified certificate | |
383 | (1) | Statement of payment of balance |
(2) | Where balance not paid | |
384 | (1) | Rights of tax purchaser |
(2) | Right of city to enter unoccupied real property | |
385 | (1) | Assignment of tax sale certificate |
(2) | Rights of assignee | |
(3) | Tax purchaser may be required to assign | |
(4) | Priorities of rights | |
(5) | No requisition to person with prior right | |
(6) | Application to court | |
REDEMPTION THROUGH CITY | ||
386 | (1) | Redeeming by payment to city |
(2) | Actions on redemption | |
(3) | Payment without tax sale certificate | |
387 | Continuing assessment and taxation | |
388 | When rights of tax purchaser cease | |
REDEMPTION THROUGH LAND TITLES OFFICE | ||
389 | Return to L.T.O. | |
390 | Redeeming by payment to district registrar | |
391 | (1) | District registrar's duties |
(2) | Money not subject to attachment | |
392 | Payment by city to tax purchaser | |
REDEMPTION BY INSTALMENTS | ||
393 | (1) | Authority for instalments |
(2) | Copy of agreement to district registrar | |
(3) | Agreement not to affect other remedies | |
(4) | Default under agreement | |
(5) | Power of city to assign tax sale certificate | |
(6) | Effect of agreement on tax purchaser | |
TRANSFER OF TITLE | ||
394 | (1) | Tax purchaser's application for title |
(2) | How application to be treated | |
(3) | Failure to make application | |
395 | (1) | Notice to interested persons of application for title |
(2) | Contents of notice | |
(3) | Proof of service | |
(4) | Directions for substitutional service | |
(5) | Compliance with directions | |
(6) | Fixing date of service | |
396 | Persons entitled to redeem | |
397 | (1) | Issue of title |
(2) | Validity of title | |
398 | (1) | District registrar not obliged to inquire |
(2) | No action against district registrar | |
399 | Withdrawal by city | |
CHANGING BUILDING RESTRICTION COVENANTS | ||
400 | (1) | Effect on building restriction covenants |
(2) | Notice of by-law | |
PROCEEDS OF TAX SALE | ||
401 | (1) | Surplus proceeds |
(2) | Priority of claims to excess | |
(3) | Proceeds of a tax sale to city | |
(4) | Excess not paid out | |
SETTING ASIDE TAX SALE | ||
402 | (1) | Grounds for setting aside tax sale |
(2) | Where sale set aside | |
403 | Action to set aside tax sale | |
MISCELLANEOUS | ||
404 | Forms and fees for land titles office | |
405 | Application of Real Property Act | |
DIVISION 5 | ||
LOCAL AND DISTRICT IMPROVEMENTS | ||
406 | Definitions | |
LOCAL IMPROVEMENTS | ||
407 | (1) | Determination of real property benefited |
(2) | Different determination for different improvements | |
408 | Initiation of local improvement | |
409 | (1) | Notice of proposal |
(2) | Property not fronting on improvement | |
(3) | Contents of notice | |
(4) | When notice and hearing not required | |
410 | (1) | Where city's real property benefited |
(2) | Where real property benefited is exempt | |
411 | Effect of objections | |
412 | (1) | By-law authorizing local improvement |
(2) | Calculating local improvement taxes | |
(3) | Exceptional cases | |
413 | (1) | Appeal in exceptional cases |
(2) | Powers on appeal | |
(3) | Adding real property for local improvement | |
(4) | Notice to owner | |
414 | Determining local improvement taxes | |
415 | Cost borne by city | |
416 | Effect of subdivisions and other property changes | |
417 | Improvement in middle of street | |
418 | Eligible costs | |
419 | Adjustment for property needed for improvement | |
420 | Additional charges | |
421 | (1) | Reconstruction of private works |
(2) | Costs collected in same manner | |
422 | (1) | Consolidated by-laws |
(2) | Provisions of consolidating by-law | |
423 | (1) | Power to defer charges |
(2) | Notice of deferment | |
424 | Commuting charges | |
425 | Collection of local improvement taxes | |
LOCAL IMPROVEMENT DISTRICTS | ||
426 | (1) | Initiation of district proposal |
(2) | Contents of district proposal | |
427 | Referral to committee | |
428 | (1) | Action by council after hearing |
(2) | Notice of proposed by-law | |
(3) | Contents of notice | |
429 | Effect of objections | |
430 | (1) | District improvements by-laws |
(2) | Methods of levying | |
(3) | Entire cost paid by local improvement taxes | |
431 | Application of certain provisions | |
DIVISION 6 | ||
FRONTAGE TAXES | ||
432 | (1) | By-laws for frontage taxes |
(2) | Uniform rate established | |
(3) | Application of uniform rate | |
(4) | How frontage taxes may be used | |
433 | Collection of frontage taxes | |
DIVISION 7 | ||
BUSINESS IMPROVEMENT ZONES | ||
434 | Definitions | |
435 | Purpose of business improvement zone | |
436 | (1) | Establishment of business improvement zones |
(2) | Content of by-law establishing a zone | |
437 | Policies and procedures for zones | |
438 | (1) | Annual budgets must be approved by by-law |
(2) | Circumstance where budget may not be approved | |
439 | (1) | Tax in zone |
(2) | Collection of charges | |
440 | (1) | Expenditures by boards |
(2) | Indebtedness | |
(3) | Unexpended funds | |
DIVISION 8 | ||
ELECTRICITY AND GAS TAX | ||
441 | (1) | Definitions |
(2) | Determination of base load | |
442 | (1) | Tax on electricity and gas |
(2) | Exceptions | |
443 | (1) | Due date for payment |
(2) | Seller is collector | |
(3) | Part of cent | |
444 | Refund of money paid as tax | |
445 | Recovery of tax from collector | |
446 | Remedies | |
447 | Seller not to remit tax to purchaser | |
448 | Disclosure of tax | |
449 | (1) | Reports and remission of tax by sellers |
(2) | Powers for collector | |
(3) | Estimates if no return by seller | |
(4) | Compensation to sellers | |
(5) | Purchaser to assume duties of seller | |
(6) | Owner of distribution system | |
450 | Liability for acts of employees | |
PART 9 | ||
OFFICIAL LANGUAGES OF MUNICIPAL SERVICES | ||
451 | (1) | Definitions |
(2) | Meaning of "official languages" | |
452 | (1) | General obligation of city |
(2) | Interpretation | |
(3) | Limitation of obligation | |
PROCEEDINGS OF COUNCIL AND ITS COMMITTEES | ||
453 | (1) | Use of French in council and its committees |
(2) | Notice | |
COMMUNICATION AT CITY OFFICES | ||
454 | (1) | Official languages at City Hall |
(2) | Official languages at designated locations | |
(3) | Written communications | |
(4) | Subsequent communications | |
(5) | St. Boniface office | |
MUNICIPAL SERVICES | ||
455 | (1) | Application |
(2) | Receipt of municipal services in St. Boniface Ward | |
(3) | Municipal services for designated area | |
(4) | Subsequent communications | |
BILINGUAL DOCUMENTS | ||
456 | (1) | Notices, statements etc. |
(2) | Forms and brochures | |
457 | (1) | Publication of notices and advertisements |
(2) | Public notices may be published separately | |
(3) | Cost of publication | |
BILINGUAL SIGNS | ||
458 | (1) | Signs respecting municipal services |
(2) | General information signs | |
(3) | Street and traffic signs | |
ACCESS GUIDE | ||
459 | (1) | Contents of access guide |
(2) | Availability of access guide | |
(3) | Updating access guide | |
IMPLEMENTATION | ||
460 | (1) | By-law for implementation |
(2) | Priority services | |
ADMINISTRATION | ||
461 | French language co-ordinator | |
462 | Annual report to minister | |
COMPLAINTS | ||
463 | Complaint to ombudsman | |
PART 10 | ||
LEGAL MATTERS | ||
DIVISION 1 | ||
CHALLENGING BY-LAWS, RESOLUTIONS AND ORDERS | ||
464 | "By-law" defined | |
465 | (1) | Application for declaration of invalidity |
(2) | Applicant's requirements | |
(3) | Order | |
(4) | No declaration on certain grounds | |
466 | (1) | Limit on application re securities by-law |
(2) | Effect of application re securities by-law | |
467 | Application of section 465 to committees | |
DIVISION 2 | ||
PROPERTY AND LIABILITY OF CITY | ||
GENERAL | ||
468 | "Public facility" defined | |
469 | City's assets not subject to seizure | |
470 | Payments to persons indebted to city | |
471 | Effect of formal defects | |
472 | Exercise of discretion | |
473 | Liability for remedying contraventions | |
474 | Negligent supervision by others | |
STREETS | ||
475 | (1) | Streets to be kept in repair |
(2) | Restriction on responsibility | |
(3) | Restrictions on liability | |
476 | Nuisance on street | |
477 | (1) | Liability for private works |
(2) | No interference with liability and no vested rights | |
(3) | Rights of city respecting private works in streets | |
478 | Persons obstructing to indemnify city | |
479 | Agreement has no effect on city's liability | |
480 | Claim for change in street level | |
481 | Registering changes in street names | |
PUBLIC FACILITIES | ||
482 | Limited liability for public facilities | |
BUILDING INSPECTIONS | ||
483 | (1) | Requests for inspections |
(2) | Negligent inspections | |
(3) | Certification by professionals | |
(4) | Matters beyond scope of inspection | |
(5) | Failure to comply with conditions | |
(6) | Failure to prevent or limit loss | |
484 | Inspection not a guarantee | |
DELIVERY OF COMMODITIES OR SERVICES | ||
485 | (1) | Discontinuance or interruption |
(2) | Interrupted supplies | |
(3) | Damages caused by quality of water | |
486 | No liability for certain water overflows | |
487 | No liability for certain nuisances | |
DERELICT VEHICLES | ||
488 | Protection from liability | |
COMPUTATION OF TIME AND LIMITATION PERIODS FOR ACTIONS AGAINST CITY | ||
489 | Holidays | |
490 | (1) | Limitation on actions respecting streets |
(2) | Falls due to snow or ice | |
491 | Limitation on actions respecting public facilities | |
492 | (1) | Notice not required in case of death |
(2) | Requirement of notice | |
493 | (1) | Limitation of actions respecting works |
(2) | Limitation of actions respecting signs | |
494 | Limitation of actions respecting taxes | |
495 | (1) | Appeals re planning or development |
(2) | Time for appeal | |
(3) | Proceedings on appeal | |
DIVISION 3 | ||
LIABILITY AND INDEMNIFICATION OF MEMBERS OF COUNCIL, EMPLOYEES, VOLUNTEERS AND MEMBERS OF AFFILIATED BODIES | ||
UNAUTHORIZED EXPENDITURES | ||
496 | (1) | Offence |
(2) | Civil liability of members of council | |
(3) | Joint and several liability | |
(4) | Action by city or voter | |
(5) | Exception for expenditures in state of emergency | |
ACTS DONE IN GOOD FAITH | ||
497 | (1) | Liability restricted |
(2) | Exception for defamation | |
(3) | Liability of city | |
INSURANCE | ||
498 | City may take out insurance | |
DIVISION 4 | ||
CITY RECORDS | ||
499 | Authentication of by-law | |
500 | (1) | Execution of documents |
(2) | Execution of documents where no by-law in force | |
501 | (1) | Definition of "city record" |
(2) | Admissibility of certified copies | |
(3) | Admissibility of record in converted form | |
(4) | Certificate | |
(5) | Judicial notice | |
502 | Proof of certain facts | |
DIVISION 5 | ||
SPECIFIC PROVISIONS RESPECTING PROSECUTIONS | ||
503 | Prosecution of corporation | |
504 | (1) | Proof of carrying on business |
(2) | Advertisement or announcement as evidence | |
505 | (1) | Definition of "transient trader" |
(2) | Onus re carrying on business | |
506 | Presumption re litter | |
507 | Proof of by-law | |
BOARDED-UP BUILDINGS | ||
508 | Proof of boarding up | |
ANIMALS | ||
509 | (1) | Meaning of "running at large" |
(2) | Offence re dogs running at large | |
(3) | Onus on prosecution | |
510 | (1) | Animal causing damage |
(2) | Procedure | |
DIVISION 6 | ||
EXEMPTION ORDERS | ||
511 | Exemption by L.G. in C. | |
512 | (1) | Hearing required |
(2) | Purpose of hearing | |
(3) | Notice and adjournment of hearing and report | |
DIVISION 7 | ||
MISCELLANEOUS | ||
RECOVERY OF COSTS IN LEGAL PROCEEDINGS | ||
513 | Authority to recover costs | |
NOXIOUS WEEDS ACT | ||
514 | (1) | Application of Noxious Weeds Act |
(2) | Costs of weed destruction | |
RESTRICTIONS ON FLOOD ASSISTANCE | ||
515 | (1) | No right to flood assistance |
(2) | Building in designated floodway area | |
(3) | Government assistance in floodway fringe area | |
(4) | City assistance in floodway fringe area | |
DISCHARGE OF BUILDING RESTRICTIONS | ||
516 | (1) | Definitions |
(2) | City may discharge instruments | |
(3) | Specific process | |
PART 11 | ||
TRANSITIONAL AND CONSEQUENTIAL AMENDMENTS | ||
MATTERS UNDER FORMER ACT | ||
517 | Definition of "former Act" | |
518 | (1) | Continuation of by-laws, resolutions |
(2) | Restriction | |
519 | (1) | Appointments and other decisions |
(2) | Plans, licences, permits, approvals and authorizations | |
(3) | Agreements and contracts | |
(4) | Reserves funds under former Act | |
(5) | Borrowing | |
(6) | Continuation of tax and penalty | |
(7) | Tax rolls and tax notices | |
(8) | Tax sales and redemptions | |
(9) | Hearings and applications begun | |
520 | (1) | Sinking Fund Trustees continued |
(2) | Trustees continued | |
(3) | Limitation | |
521 | Investments and liabilities | |
ST. BONIFACE MUSEUM BOARD | ||
522 | Museum board continues to operate museums | |
REGULATIONS | ||
523 | (1) | L. G. in C. Regulations |
(2) | Timing of regulations | |
CONSEQUENTIAL AMENDMENTS | ||
524 to 535 | ||
UNPROCLAIMED AMENDMENTS RESPECTING PENSIONS | ||
536 | ||
PART 12 | ||
REPEAL, CITATION AND COMING INTO FORCE | ||
537 | Repeal | |
538 | Citation | |
539 | (1) | Coming into force |
(2) | Coming into force: section 536 |