C.C.S.M. c. N100
The Northern Affairs Act
PART 1 | ||
INTRODUCTORY PROVISIONS | ||
DEFINITIONS | ||
1 | Definitions | |
2 | Indian Reserves excluded | |
PURPOSES | ||
3 | Purposes of a settlement | |
4 | Purposes of a community | |
PART 2 | ||
SETTLEMENTS AND COMMUNITIES | ||
5 | Definition: "board" | |
6 | Designation of a settlement | |
7 | (1) | Designation of a community |
(2) | Boundaries need not be contiguous | |
8 | Corporate status | |
9 | (1) | Principles, standards and criteria |
(2) | Statutes and Regulations Act does not apply | |
10 | (1) | Changing boundaries or withdrawing designation |
(2) | Effect of withdrawing designation | |
11 | (1) | Change to be initiated by a proposal |
(2) | Initiating a settlement or community | |
(3) | Initiating changes — settlement | |
(4) | Initiating changes — community | |
12 | (1) | Public consultations required |
(2) | Corrections of boundaries | |
13 | Board to conduct public consultations | |
14 | Reference to maps | |
NORTHERN MANITOBA COMMUNITY CONSULTATION BOARD | ||
15 | Board established | |
16 | (1) | Appointment of board members |
(2) | Term of appointment | |
(3) | After term expires | |
(4) | Vacancies | |
(5) | Remuneration and expenses | |
(6) | Staff | |
17 | (1) | Board may add residents as members |
(2) | Powers of board appointees | |
PUBLIC CONSULTATIONS | ||
18 | (1) | Referral to include description of proposal |
(2) | Copies of proposal to be provided | |
(3) | Notice of proposal must be posted | |
(4) | Content of notice | |
(5) | Proposal must be made available on request | |
19 | (1) | Board to give notice and hold meeting |
(2) | Notice of public meeting | |
(3) | Location of public meeting | |
20 | Public meeting re proposal | |
21 | (1) | Board to submit report to minister |
(2) | Content of report | |
CHANGE IN DESIGNATION OF COMMUNITY | ||
22 | (1) | Effect of change of designation of community |
(2) | Extent of regulation-making under subsection (1) | |
(3) | Receiver may be appointed if community dissolved | |
23 | (1) | Continuation of council |
(2) | New community or material change in boundaries | |
24 | (1) | Retroactivity and coming into force |
(2) | Limit on retroactivity | |
(3) | Correction of errors in regulations | |
PART 3 | ||
COMMUNITY POWERS AND DUTIES | ||
DIVISION 1 | ||
BY-LAW MAKING POWERS | ||
GENERAL | ||
25 | Communities not incorporated require delegation | |
26 | Geographic application of by-laws | |
27 | By-law inconsistent with other legislation | |
28 | Guide to interpreting power to pass by-laws | |
29 | (1) | Spheres of jurisdiction |
(2) | Exercising by-law-making powers | |
30 | Content of by-laws under clause 29(1)(c) | |
31 | Content of by-laws under clause 29(1)(f) | |
32 | Charge re local transportation system under clause 29(1)(m) | |
33 | (1) | Content of by-laws under clause 29(1)(o) |
(2) | Application of clause 29(1)(o) | |
34 | No licence required for sale of own produce | |
35 | Fee in addition to business or other tax | |
35.1 | Application of Acts to incorporated communities | |
ENFORCEMENT OF BY-LAWS | ||
36 | (1) | Community inspections and enforcement |
(2) | Identification | |
(3) | Emergencies | |
37 | (1) | Court authorized inspections and enforcement |
(2) | Court order | |
38 | (1) | Inspection of meters |
(2) | Court order | |
39 | (1) | Order to remedy contravention |
(2) | Content of order | |
40 | (1) | Order to remedy dangers and unsightly property |
(2) | Further content of order | |
41 | (1) | Review |
(2) | Powers of council | |
(3) | Review if community not incorporated | |
42 | (1) | Community remedying contraventions |
(2) | Closure of premises | |
(3) | Costs | |
43 | (1) | Remedying dangers and unsightly property |
(2) | Removal of occupants | |
(3) | Costs | |
(4) | Proceeds of sale | |
44 | (1) | Emergencies |
(2) | Application | |
(3) | Compliance with order | |
(4) | Remuneration for service or materials | |
(5) | Costs | |
45 | Application to court to enforce by-law | |
46 | (1) | Contravention of by-law is an offence |
(2) | Continuing offence | |
(3) | Disposition of fines | |
DIVISION 2 | ||
CORPORATE POWERS | ||
GENERAL POWERS | ||
47 | (1) | When community is a corporation |
(2) | General powers | |
48 | (1) | Power to acquire property |
(2) | Exercising power to mortgage | |
49 | (1) | Powers respecting works, services, utilities |
(2) | Collection of fees | |
(3) | Rates for services and commodities | |
50 | (1) | General authority re agreements |
(2) | Scope of agreements | |
(3) | Power to enter agreements and use funds | |
51 | (1) | Expropriation for community purpose |
(2) | Authority to enter upon land | |
52 | Land acquired in a municipality | |
53 | Community may not assert lack of authority | |
ECONOMIC DEVELOPMENT AND TAX SHARING AGREEMENTS | ||
54 | (1) | Definition |
(2) | Encouraging economic development | |
(3) | Strategic plan | |
(4) | Condition of grant | |
55 | Tax sharing agreements | |
GRANTS | ||
56 | (1) | Power to make grants |
(2) | Benefit may be to only part of community | |
(3) | Recipient may be outside community | |
(4) | Grant to community or regional development corporation | |
(5) | Condition of grant | |
(6) | Definitions | |
COMMUNITIES NOT INCORPORATED | ||
57 | Communities not incorporated may only exercise delegated powers | |
58 | (1) | Authorization required to dispose of property |
(2) | Authorization may contain directions re proceeds | |
(3) | Terms, conditions and procedures | |
DIVISION 3 | ||
DUTIES OF COMMUNITIES | ||
FIRE PROTECTION | ||
59 | (1) | Fire protection |
(2) | Method of providing services | |
60 | Fire protection force | |
61 | Agreement | |
62 | (1) | Fees for false alarms |
(2) | Collection of fees | |
63 | Services of fire protection force | |
64 | Powers of fire protection force | |
COMMUNITY ROADS | ||
65 | (1) | Title to land — community roads |
(2) | Certain rights preserved | |
66 | Control of community roads | |
67 | Powers respecting community roads | |
68 | Opening a community road | |
69 | (1) | Closing a community road |
(2) | Notice of proposed closing | |
70 | (1) | Sale or lease of land re community roads |
(2) | Mines and minerals | |
71 | Sand and gravel | |
72 | Maintenance of community roads and certain land after approval | |
73 | Standard of construction and maintenance | |
74 | Application: community that is not incorporated | |
DRAINS | ||
75 | (1) | Definition |
(2) | Jurisdiction over drains | |
(3) | Duties re drains | |
(4) | Community's power to clear drains | |
ROADS, BRIDGES AND DRAINS CROSSING COMMUNITY BOUNDARIES | ||
76 | (1) | Joint responsibility to maintain |
(2) | Standard of construction and maintenance | |
(3) | Agreement to construct or maintain | |
(4) | Joint jurisdiction over roads and bridges | |
(5) | Reference to Municipal Board | |
(6) | Reference to the minister | |
PART 4 | ||
ELECTIONS RE COMMUNITY COUNCILS | ||
77 | Conduct of elections | |
78 | (1) | Four-year term |
(2) | Term — regular election | |
(3) | Term — by-election | |
79 | (1) | Timing of regular elections |
(2) | Staggered terms | |
80 | (1) | Election of mayor |
(2) | Mayor's term if appointed | |
81 | Wards or community vote may be prescribed | |
82 | (1) | Qualifications of voters |
(2) | Residency | |
(3) | Persons with no fixed address | |
(4) | Oath conclusive in absence of other evidence | |
(5) | New or expanded community | |
83 | Qualification of members of council | |
84 | Persons who are disqualified | |
85 | (1) | Definition |
(2) | ||
86 | (1) | When member becomes disqualified |
(2) | Deemed resignation | |
(3) | Eligibility at next election | |
(4) | Eligibility after disqualification under conflict provisions | |
87 | (1) | Disqualified person must resign |
(2) | Application to court | |
(3) | How application made | |
88 | (1) | Only one office at a time |
(2) | Current member must resign to run in by-election | |
89 | (1) | Vacancy in councillor position after regular election |
(2) | Vacancy in office of mayor after regular election | |
(3) | Vacancy after by-election | |
(4) | Section does not apply in case of a tie or death | |
90 | Appointment of administrator if no council or quorum | |
91 | (1) | Resignation of member |
(2) | Effective day of resignation | |
(3) | C.A.O. to report resignation to council | |
92 | (1) | By-election to fill vacancy on council |
(2) | Appointment of mayor by councillors | |
(3) | By-election to be held on request of council | |
(4) | Appointed, elected person to file oath of office | |
93 | Election of first council | |
94 | (1) | Appointment of prescribed election officials |
(2) | Qualifications | |
95 | (1) | Appointment of principal electoral officer |
(2) | P.E.O. may delegate | |
(3) | P.E.O. retains powers and duties | |
96 | (1) | Powers and duties of P. E.O. |
(2) | Public education and information | |
(3) | Notices by P.E.O. | |
(4) | Special powers of P.E.O. | |
(5) | Direct appointment of election officials | |
(6) | Community must comply | |
(7) | P.E.O. may appoint | |
(8) | Order to deliver material | |
97 | (1) | Postponing an election |
(2) | Terms extended | |
(3) | Effect of order | |
(4) | When order may be made | |
98 | Protection from liability | |
PART 5 | ||
GOVERNANCE | ||
DIVISION 1 | ||
SETTLEMENTS — CONTACT PERSONS | ||
99 | (1) | Appointment of contact person |
(2) | Role of contact person | |
DIVISION 2 | ||
COMMUNITIES — COUNCILS | ||
100 | Council is governing body | |
101 | (1) | Council is continuing body |
(2) | Composition | |
(3) | Establishing the number of councillors | |
102 | Role of council | |
103 | Role of mayor | |
OATH | ||
104 | (1) | Oath of office |
(2) | Failure to comply | |
CONFLICT PROVISIONS | ||
105 | Municipal Councils Conflict of Interest Act applies | |
DELEGATION BY COUNCIL | ||
106 | (1) | Matters that a council may delegate |
(2) | Matters that a council may not delegate | |
BY-LAWS AND RESOLUTIONS | ||
107 | (1) | How council may act |
(2) | Where by-law required | |
(3) | Where resolution authorized | |
(4) | Where by-law used instead of resolution | |
108 | Passing a resolution | |
109 | (1) | Proposed by-law to be given three readings |
(2) | Limit of two readings at one meeting | |
(3) | Text to be available before first reading | |
(4) | Text to be available before third reading | |
(5) | Procedure at each reading | |
110 | Rescission of previous by-law readings | |
111 | When a by-law is passed | |
112 | (1) | Coming into force — by-laws |
(2) | Where approval required | |
(3) | No retroactivity without specific authority | |
113 | Coming into force — resolutions | |
COUNCIL COMMITTEES | ||
114 | Composition of council committees | |
115 | When committee resolution binds council | |
116 | Application of council provisions to committees | |
MEETINGS OF COUNCIL | ||
117 | Council to designate community office | |
118 | First meeting after regular election | |
119 | Effect of meeting not taking place | |
120 | Minutes | |
121 | (1) | Quorum for council meetings |
(2) | Number required for quorum | |
(3) | Minimum number for quorum | |
(4) | When member not to be counted | |
122 | (1) | Voting obligatory |
(2) | Voting to be open | |
123 | (1) | Decisions by majority |
(2) | Tie votes | |
ORGANIZATION AND PROCEDURE | ||
124 | (1) | Deputy and acting mayor |
(2) | When deputy mayor may act as mayor | |
125 | (1) | Organization of council |
(2) | Application — incorporated communities | |
(3) | Term of appointments — committees and bodies | |
126 | (1) | Council to establish procedures |
(2) | Council bound by procedures | |
(3) | Content of procedures | |
(4) | Further procedures | |
(5) | Application — incorporated communities | |
127 | (1) | Meeting through electronic communications |
(2) | Participating member deemed to be present | |
SPECIAL MEETINGS | ||
128 | (1) | Mayor convening special meeting |
(2) | Notice according to procedures adopted | |
(3) | Procedures for calling special meetings | |
(4) | Effect of notice given to absent member | |
(5) | Member may waive notice | |
(6) | Agenda at special meeting | |
PUBLIC PARTICIPATION | ||
129 | (1) | Open meetings |
(2) | Expulsion for disorderly conduct | |
(3) | When council or council committee may close meeting | |
(4) | Resolution to re-open a closed meeting | |
PUBLIC MEETINGS | ||
130 | (1) | Application |
(2) | Attendance of members at public meeting | |
(3) | Procedure at public meeting | |
(4) | Council may establish procedure in by-law | |
(5) | Notice of continuation of adjourned meeting | |
COMPENSATION | ||
131 | (1) | |
(2) | Setting indemnity and expenses | |
(3) | Application — incorporated communities | |
(4) | Prescribed terms and conditions — unincorporated communities | |
(5) | Portion of indemnity may be deemed expense | |
(6) | Members may accept payments | |
(7) | Report to show payments to members | |
(8) | Timing of report | |
PART 6 | ||
ADMINISTRATIVE ORGANIZATION | ||
COMMUNITY ADMINISTRATIVE OFFICER | ||
132 | (1) | Establishment of position of C.A.O. |
(2) | Incorporated community to act by by-law | |
(3) | Majority required for suspension or revocation | |
(4) | Council may give title other than "C.A.O." | |
133 | C.A.O. entitlement in certain circumstances | |
134 | (1) | C.A.O.'s responsibilities |
(2) | C.A.O.'s administrative duties | |
(3) | C.A.O. duties re council committees | |
135 | (1) | Duty of C.A.O. if money not lawfully used |
(2) | Minister's powers after receiving notice | |
136 | Delegation by C.A.O. | |
DESIGNATED OFFICERS | ||
137 | (1) | Establishment of designated officer positions |
(2) | Delegation by designated officer | |
(3) | Employees who handle money to be bonded | |
PENSIONS AND BENEFITS | ||
138 | Pensions and benefits program | |
COMMUNITY RECORDS | ||
139 | (1) | Retention of community records |
(2) | Certain documents not to be destroyed | |
(3) | Records to be provided on request | |
(4) | Council may authorize access to other records | |
(5) | Copy of community record | |
(6) | Copying fees | |
(7) | Certain information not available | |
PART 7 | ||
FINANCIAL ADMINISTRATION | ||
DIVISION 1 | ||
APPLICATION TO COMMUNITIES THAT ARE NOT INCORPORATED | ||
140 | (1) | Application to unincorporated communities |
(2) | Application | |
(3) | Community must assist | |
DIVISION 2 | ||
MANAGEMENT PLAN WITH ESTIMATES | ||
141 | Fiscal year | |
142 | (1) | Annual management plan |
(2) | Council may request extension of time | |
(3) | Content of management plan | |
(4) | Form approved by the minister | |
143 | (1) | Content of operating budget |
(2) | Expenditures not to exceed revenues | |
(3) | Minister may impose terms and conditions | |
144 | Content of capital budget | |
145 | Content of capital expenditure program | |
146 | (1) | Reserve funds |
(2) | Surplus may be transferred to reserve fund | |
(3) | Expenditure from reserve with specific purpose | |
147 | (1) | Public consultations |
(2) | New public meeting when certain items revised | |
(3) | Increase in requisition only | |
DIVISION 3 | ||
FINANCIAL OPERATIONS | ||
148 | (1) | Council may borrow for operating expenses |
(2) | Repayment | |
(3) | Ministerial approval required | |
149 | Council to obtain approval for anticipated deficiency | |
150 | (1) | Expenditures |
(2) | Expenditures not set out in operating budget | |
(3) | Expenditure not set out in capital budget | |
(4) | If revenue exceeds estimates | |
(5) | Interpretation — "excess revenue" | |
151 | Investments | |
DIVISION 4 | ||
ANNUAL FINANCIAL STATEMENTS AND AUDITOR'S REPORT | ||
152 | (1) | Annual financial statements |
(2) | Form of statements | |
(3) | Variation in form | |
(4) | Annual financial statements and other financial information | |
153 | (1) | Auditor |
(2) | Qualifications of auditor | |
(3) | Minister may appoint if council does not | |
(4) | Community to pay auditor's fees and expenses | |
(5) | Payment of fees | |
154 | (1) | Auditor's entitlement to access |
(2) | Auditor's entitlement to information | |
(3) | Financial institution to provide information | |
(4) | Information from land titles offices and courts | |
(5) | Powers under Part V of Evidence Act | |
(6) | Auditor may attend meetings | |
(7) | Auditor must report failure to comply | |
155 | (1) | Scope of auditor's examination |
(2) | Consolidated statements | |
(3) | When auditor not required to audit local bodies | |
156 | (1) | Timing and content of auditor's report |
(2) | Auditor to submit supplement with report | |
(3) | Auditor to provide minister with information | |
(4) | Extension of time | |
(5) | Council to advise minister of action taken | |
(6) | Minister may take action | |
DIVISION 5 | ||
IMPOSING AND COLLECTING TAXES IN INCORPORATED COMMUNITIES | ||
WITHOUT ASSISTANCE OF THE MINISTER | ||
157 | (1) | Property tax by-law |
(2) | By-law to be filed | |
(3) | Notification by minister | |
(4) | When property tax by-law to be passed and filed | |
(5) | Amendment of by-law | |
158 | (1) | Business tax by-law if no agreement with minister |
(2) | Maximum tax rate | |
(3) | By-law to be filed | |
(4) | Notification by minister | |
(5) | When business tax by-law to be passed and filed | |
(6) | Amendment of by-law | |
159 | Fees in lieu of business taxes | |
WITH ASSISTANCE OF THE MINISTER | ||
160 | (1) | Minister to help impose and collect taxes |
(2) | Application | |
161 | (1) | Property tax by-law if agreement with minister |
(2) | Rates | |
(3) | By-law to be filed | |
(4) | Amendment of by-law | |
162 | (1) | Business tax by-law if agreement with minister |
(2) | Maximum tax rate | |
(3) | By-law to be filed | |
163 | Effect of agreement | |
GENERAL | ||
164 | (1) | Application of Municipal Act |
(2) | Changes to provisions | |
165 | Tax or fee in addition to other taxes | |
166 | Application — business taxes | |
167 | Part year use or occupancy | |
TAX AND DEBT COLLECTION | ||
168 | (1) | Part 11 of Municipal Act applies |
(2) | If agreement between minister and community | |
(3) | Changes to provisions | |
169 | (1) | Notice provisions re tax sale and auction |
(2) | Notice of tax sale | |
(3) | Registration of notice | |
(4) | Directions for service of notice | |
(5) | Different directions for different properties | |
(6) | Notice of proposed sale | |
(7) | Content of notice | |
(8) | Public notice | |
170 | (1) | Prior right of community to purchase |
(2) | Property may be redeemed from tax sale | |
(3) | Date of purchase | |
(4) | Notice of intent to purchase | |
(5) | Purchase money not needed | |
REGULATIONS | ||
171 | Application — regulation making powers under Municipal Act | |
PART 8 | ||
THE MINISTER | ||
GENERAL ROLE AND POWERS | ||
172 | (1) | Role — general |
(2) | Services — other departments and agencies | |
173 | (1) | Powers — communities that are not incorporated |
(2) | Powers — areas outside communities | |
(3) | Powers under other enactments continue | |
(4) | Application | |
(5) | Ministerial powers may be exercised differently | |
(6) | Providing services | |
174 | (1) | Regulations in place of by-laws |
(2) | Dates may be varied re tax regulation | |
175 | (1) | Delegation and assignment by regulation |
(2) | Community exercising delegated powers | |
FILING AND DISALLOWANCE OF BY-LAWS FOR COMMUNITIES THAT ARE NOT INCORPORATED | ||
176 | (1) | Filing requirement — by-laws |
(2) | Coming into force of by-law delayed | |
(3) | Disallowing by-law | |
177 | (1) | Filing requirement — resolutions |
(2) | Coming into force of resolution delayed | |
(3) | Disallowing resolution | |
(4) | Application | |
INFORMATION | ||
178 | (1) | Giving minister documents and information |
(2) | Community to comply | |
179 | Regulations re information to be distributed | |
DEALING WITH LAND AND OTHER PROPERTY | ||
180 | (1) | Minister may acquire property |
(2) | Exercising power to acquire land | |
181 | (1) | Land acquired becomes Crown land |
(2) | Dispositions: consultation and ministerial approval | |
(3) | No consultation re permits under Crown Lands Act | |
(4) | Delegation of approving land dispositions | |
FINANCIAL MATTERS | ||
182 | (1) | Fund continued |
(2) | Minister responsible for Fund | |
(3) | Bank account | |
(4) | Credits to Fund | |
(5) | Payments from Fund | |
183 | (1) | Fiscal year of Fund |
(2) | Accounts of Fund | |
(3) | Fund not part of Consolidated Fund | |
(4) | Investment of money in the Fund | |
184 | (1) | Audit of fund |
(2) | Auditor's report in Public Accounts | |
185 | Agreement re taxation | |
186 | (1) | Agreements with Canada and others |
(2) | Other parties | |
(3) | Agreement may provide for fees in lieu of taxes | |
187 | (1) | Fees in lieu of taxes |
(2) | Collection of fees | |
188 | (1) | Definition: "taxes" |
(2) | Application | |
189 | Grants — general | |
190 | (1) | Unconditional Grants Act |
(2) | Payment of money received to council | |
(3) | Determination of population | |
(4) | Exception | |
191 | Withholding financial assistance | |
192 | (1) | Set-off — money to be paid to community |
(2) | Set-off — money paid over to others | |
(3) | Notice | |
(4) | Effect of deduction | |
MINISTER'S ROLE UNDER OTHER ACTS | ||
193 | (1) | Minister assumes role in respect of approvals etc. |
(2) | Acting as P.U.B. for community not incorporated | |
(3) | Hearing not required | |
(4) | Investigation | |
APPEALS TO THE MINISTER | ||
194 | (1) | Appeals to minister — unincorporated communities |
(2) | Contents of notice of appeal | |
(3) | Where decision or order not appealed | |
(4) | Minister to invite response | |
(5) | Minister's powers to determine appeals | |
(6) | Investigation | |
(7) | Decision final | |
INVESTIGATIONS | ||
195 | (1) | Investigation |
(2) | Appointment and remuneration | |
(3) | Powers and duties of appointee | |
(4) | Report re investigation | |
(5) | Distribution of report | |
DIRECTIONS, DISMISSAL AND ADMINISTRATION | ||
196 | (1) | Directions in certain circumstances |
(2) | Dismissal | |
(3) | Election of new council | |
(4) | Application | |
197 | (1) | Appointment of administrator — financial difficulties |
(2) | Directions | |
(3) | Administrator under control of minister | |
(4) | Powers of administrator | |
(5) | Notice in Manitoba Gazette | |
(6) | Administrator may demand books | |
(7) | Administrator to be bonded | |
(8) | Approval of administrator's by-laws | |
(9) | Payment of expenses | |
198 | Restoration of community status | |
199 | Effect of appointment | |
RECEIVERSHIP | ||
200 | (1) | Dissolution of community |
(2) | Effect of dissolution | |
(3) | Publication in Manitoba Gazette | |
201 | (1) | Receiver under control of minister |
(2) | Receiver may demand books | |
(3) | Receiver to be bonded | |
(4) | Payment of expenses | |
202 | (1) | Powers to realize upon assets |
(2) | Application of money | |
(3) | Distribution of assets for school purposes | |
FEES | ||
203 | (1) | Fees |
(2) | Payment and collection | |
DELEGATION | ||
204 | Delegation | |
PART 9 | ||
LEGAL MATTERS | ||
DIVISION 1 | ||
CHALLENGING BY-LAWS AND RESOLUTIONS | ||
205 | (1) | Application for declaration of invalidity |
(2) | When by-law is discriminatory | |
(3) | Order | |
206 | (1) | Time limit for action under clause 205(1)(d) |
(2) | Validity relating to public participation | |
207 | No challenge on certain grounds | |
DIVISION 2 | ||
LIABILITY OF COMMUNITIES | ||
208 | Definitions | |
COMMUNITY ROADS | ||
209 | (1) | No liability unless community road |
(2) | Liability for community roads | |
(3) | Liability for location of community road | |
BUILDING INSPECTIONS | ||
210 | (1) | Requests for inspections |
(2) | Negligent inspections | |
(3) | Certification by professionals | |
(4) | Matters outside scope of inspection | |
(5) | Failure to comply with conditions | |
(6) | Failure to prevent or limit loss | |
(7) | Inspection not a guarantee | |
OTHER MATTERS | ||
211 | Limited liability for public facility | |
212 | Limited liability for utilities or services | |
213 | Limited liability for water overflow | |
214 | Limitation on standard of care for protective fire services | |
215 | Exercise of discretion | |
216 | Liability for remedying contravention of by-law | |
217 | No liability for negligent supervision by others | |
218 | No liability for certain nuisances | |
219 | (1) | Notice requirement |
(2) | Limitation of actions | |
(3) | When notice must be forwarded to minister | |
DIVISION 3 | ||
JUDGMENTS AGAINST COMMUNITIES | ||
220 | (1) | Service of judgment |
(2) | Payment by community | |
221 | Failure to pay judgment | |
222 | (1) | Liens against community property |
(2) | Registration of judgment | |
223 | Prohibition of execution against community | |
DIVISION 4 | ||
INDEMNIFICATION OF MEMBERS OF COUNCIL, EMPLOYEES AND VOLUNTEERS | ||
224 | Definitions | |
225 | (1) | Protection from liability |
(2) | No protection re defamation | |
(3) | No protection re community | |
226 | (1) | Indemnification on successful defence |
(2) | Discretion to indemnify | |
(3) | Costs incurred under Conflict of Interest Act | |
DIVISION 5 | ||
UNAUTHORIZED EXPENDITURES | ||
227 | (1) | Offence |
(2) | Civil liability of members of council | |
(3) | Joint and several liability | |
(4) | Action by community or voter | |
(5) | Exceptions for expenditures | |
DIVISION 6 | ||
NOTICES AND SERVICE OF DOCUMENTS | ||
PUBLIC NOTICE | ||
228 | (1) | Public notice of by-laws and meetings |
(2) | Content of the notice of meeting | |
(3) | Certification of public notice | |
SERVICE OF NOTICES AND OTHER DOCUMENTS | ||
229 | (1) | Service of notices and other documents |
(2) | Service of documents on a community | |
DIVISION 7 | ||
CERTIFIED COPIES OF COMMUNITY RECORDS | ||
230 | (1) | Admissibility of certified copy in evidence |
(2) | Admissibility of record in converted form | |
(3) | Certificate | |
(4) | Judicial notice | |
231 | Deemed change of certain terms | |
PART 10 | ||
REGULATIONS | ||
232 | (1) | L.G. in C. regulations |
(2) | Retroactive regulation | |
(3) | Time limitation on regulation | |
233 | L.G. in C. regulations — northern Manitoba | |
234 | Regulations by minister | |
235 | Application | |
236 | Proof of compliance | |
PART 11 | ||
TRANSITIONAL PROVISIONS | ||
237 | Definition | |
238 | (1) | Community with contact person continued as settlement |
(2) | Communities continued as communities | |
(3) | Incorporated communities continued | |
239 | (1) | Effect of continuation — settlement |
(2) | Effect of continuation — community | |
240 | Contact persons | |
241 | (1) | Councils of communities continued |
(2) | Members continue as if elected under this Act | |
242 | (1) | Transition from February to October elections |
(2) | Regular election in October, 2008 | |
243 | Regular election to be held in February 2007 | |
244 | Provisions apply despite postponement of election | |
245 | (1) | By-laws, resolutions, appointments and other decisions |
(2) | Organizational by-law and procedures by-law | |
246 | Licences, permits, approvals and authorizations | |
247 | Agreements and contracts | |
248 | Funds and reserves under former Act | |
249 | Borrowing | |
250 | Continuation of tax and penalty | |
251 | Tax rolls and tax notices | |
252 | Tax sales and redemptions | |
253 | Transitional regulations | |
PART 12 | ||
CONSEQUENTIAL AMENDMENTS | ||
254 to 269 | ||
PART 13 | ||
REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE | ||
270 | Repeal | |
271 | C.C.S.M. reference | |
272 | Coming into force |