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C.C.S.M. c. M225
The Municipal Act
| Table of Contents | Regulations |
| Sections: 1 - 124 | 125 - 249 | 250 - 381 | 382 - 480 |
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.
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.
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.
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.
134(2) A council may authorize a signature required under subsection (1) to be printed, lithographed or otherwise reproduced.
QUORUM
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.
135(3) Subject to The Municipal Council Conflict of Interest Act, the minimum number for a quorum of a council is three.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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
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.
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.
PART 6
FINANCIAL ADMINISTRATION
DIVISION 1
FINANCIAL PLANS
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
DIVISION 2
BORROWING
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.
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.
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.
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.
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
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
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.
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
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.
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.
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.
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.
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.
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
199 In sections 200 to 204, "municipality" includes a school district or school division for which a municipality collects taxes.
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.
200(4) Notice of an order made by the Lieutenant Governor in Council under subsection (1) must be published in The Manitoba Gazette.
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.
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.
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.
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.
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.
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.
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
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.
208(2) Notice of an order made by the Lieutenant Governor in Council under subsection (1) must be published in The Manitoba Gazette.
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.
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.
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.
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.
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.
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
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.
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.
221 The receiver may demand from the chief administrative officer of the municipality, all money, securities, evidences of title, and municipal records.
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.
223 The receiver must be bonded as determined by the minister for the faithful performance of his or her duties.
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.
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
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.
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.
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.
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.
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.
239(2) The designated officer must display or produce on request identification showing that he or she is authorized to make the entry.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
249(2) Where a contravention continues for more than one day, the person is guilty of a separate offence for each day it continues.
249(3) A fine imposed for contravening a by-law of a municipality must be paid to the municipality.
| Sections: 1 - 124 | 125 - 249 | 250 - 381 | 382 - 480 |
