C.C.S.M. c. M225
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| PART 8
|
| CORPORATE POWERS
|
| DIVISION 1
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| GENERAL POWERS
|
| 250
| (1)
| Municipality is corporation
|
|
| (2)
| General powers
|
| 251
| (1)
| Power to acquire property
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|
| (2)
| Exercising power to mortgage
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| 252
| (1)
| Powers respecting works, services, utilities
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|
| (2)
| Collection of fees
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| 253
| (1)
| Scope of agreements
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|
| (2)
| Power to enter agreements and use funds
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| 254
| (1)
| Expropriation for municipal purpose
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|
| (2)
| Authority to enter upon land
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| 255
|
| Land acquired in other municipality
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| 256
|
| Maintenance of municipal cemeteries
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| 257
|
| Municipality may not assert lack of authority
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| DIVISION 2
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| ECONOMIC DEVELOPMENT
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| 258
| (1)
| Definition
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|
| (2)
| Encouraging economic development
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|
| (3)
| Strategic plan
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|
| (4)
| Condition of grant
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| DIVISION 3
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| TAX SHARING AGREEMENTS
|
| 259
|
| Agreements
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| 259.1
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| Application to City of Winnipeg
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| DIVISION 4
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| SERVICES IN OTHER MUNICIPALITIES
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| 260
| (1)
| Providing service to other municipality
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|
| (2)
| Terms and conditions
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|
| (3)
| Municipality may pay charges
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| DIVISION 5
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| GRANTS, TAX CREDITS AND TAX INCREMENT FINANCING
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| 261
| (1)
| Power to make grants
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|
| (2)
| Benefit may be to only part of municipality
|
|
| (3)
| Recipient may be outside municipality
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|
| (4)
| Grant to regional development corporation
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|
| (5)
| Condition of grant to regional development corporation
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|
| (6)
| Definition
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| 261.1
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| Definitions
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| 261.2
| (1)
| Establishing financial assistance programs
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|
| (2)
| Provisions of financial assistance programs
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| 261.3
| (1)
| Establishing tax increment financing programs
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|
| (2)
| Provisions of tax increment financing programs
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| PART 9
|
| DUTIES OF MUNICIPALITIES
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| DIVISION 1
|
| RETENTION AND DISPOSITION OF MUNICIPAL RECORDS
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| 262
| (1)
| Retention of municipal records
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|
| (2)
| Certain documents not to be destroyed
|
| DIVISION 2
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| ACCESS TO INFORMATION
|
| 263
| (1)
| Municipal records to be provided on request
|
|
| (2)
| Council may authorize access to other records
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|
| (3)
| Copy of municipal record
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|
| (4)
| Copying fees
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|
| (5)
| Certain information not available
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| DIVISION 3
|
| FIRE PROTECTION SERVICES AND POLICE SERVICES
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| FIRE PROTECTION SERVICES
|
| 264
|
| Fire protection services
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| 265
|
| Fire protection force
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| 266
|
| Agreement
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| 267
| (1)
| Fees for false alarms
|
|
| (2)
| Collection of fees
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| 268
|
| Services of fire protection force
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| 269
|
| Repealed
|
| 270
|
| Powers of fire protection force
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| POLICE SERVICES
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| 271
| (1)
| Certain urban municipalities
|
|
| (2)
| Other urban municipalities, and rural municipalities
|
|
| (3)
| Amalgamated municipalities
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| 272
| (1)
| Agreements respecting policing
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|
| (2)
| Effect of agreement
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|
| (3)
| Powers and duties of constables
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| DIVISION 4
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| 273 to 278
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| Repealed
|
| 279
|
| Repealed
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| 280 and 281
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| Repealed
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| DIVISION 5
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| PHYSICALLY DISABLED PERSONS' PARKING
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| 282
|
| Definitions
|
| 283
| (1)
| Parking by-law for physically disabled persons
|
|
| (2)
| Fine
|
|
| (3)
| Vehicle towed
|
|
| (4)
| Transitional
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| 284
| (1)
| By-law for designated parking spaces
|
|
| (2)
| Content of by-law
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| DIVISION 6
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| MUNICIPAL ROADS
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| 285
|
| Definition of "municipal road"
|
| 286
| (1)
| Title to land
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|
| (2)
| Certain rights preserved
|
| 287
|
| Control of municipal roads
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| 288
|
| Powers respecting municipal roads
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| 289
|
| Opening a municipal road
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| 290
| (1)
| Closing a municipal road
|
|
| (2)
| Notice of proposed closing
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| 291
| (1)
| Leasing land with closed municipal road
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|
| (2)
| Sale of land used for municipal road
|
|
| (3)
| Mines and minerals in land with closed municipal road
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|
| (4)
| Sale of land shown as road allowance
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| 292
|
| Sand and gravel
|
| 293
|
| Maintenance of municipal roads and certain land after approval
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| 294
|
| Standard of construction and maintenance
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| DIVISION 6.1
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| DRAINS
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| 294.1
| (1)
| Definition
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|
| (2)
| Jurisdiction over drains
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|
| (3)
| Duties re drains
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|
| (4)
| Municipality's power to clear drains
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| DIVISION 7
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| INTER-MUNICIPAL ROADS, BRIDGES, AND DRAINS
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| 295
| (1)
| Joint responsibility to maintain
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|
| (2)
| Standard of construction and maintenance
|
|
| (3)
| Agreement to construct or maintain
|
|
| (4)
| Joint jurisdiction over municipal roads and bridges
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|
| (5)
| Reference to Municipal Board
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|
| (6)
| Application to City of Winnipeg
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| DIVISION 8
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| DROWNINGS AND UNCLAIMED BODIES
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| 296
| (1)
| Recovery of body of drowned person
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|
| (2)
| Municipality to bury unclaimed body
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|
| (3)
| Recovery of costs
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|
| (4)
| Recovery of costs from estate
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| 297
|
| Application to City of Winnipeg
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| PART 10
|
| POWERS OF TAXATION
|
| DIVISION 1
|
| GENERAL
|
| 298
| (1)
| Definitions
|
|
| (2)
| Interpretation
|
| 299
| (1)
| Liability for taxes in respect of property
|
|
| (2)
| Liability for taxes in respect of business
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|
| (3)
| Joint liability
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|
| (4)
| No charge on land
|
| 300
| (1)
| Annual tax roll
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|
| (2)
| Tax rolls may be separate
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|
| (3)
| Tax roll may be part of assessment roll
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|
| (4)
| Content of tax roll
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|
| (4.1)
| Assessed value re community revitalization property
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|
| (5)
| Error or omission in tax roll
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|
| (6)
| Cancellation or reduction of taxes re property
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|
| (6.1)
| Cancellation or reduction of taxes re business
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|
| (7)
| Amended tax notice
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| 301
| (1)
| Error or omission based on false information
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|
| (2)
| No liability on innocent purchaser
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| 302
| (1)
| Annual tax notices
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|
| (2)
| Tax notices may be combined
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|
| (3)
| Content of tax notice
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|
| (4)
| If mailing address not shown
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|
| (5)
| Retained notice deemed to be sent
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|
| (6)
| Certificate
|
| 303
|
| Receipt for taxes paid
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| DIVISION 2
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| PROPERTY TAXES
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| 304
| (1)
| Property tax by-law
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|
| (2)
| By-law to be filed
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|
| (3)
| Amendment of by-law
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|
| (4)
| Imposition of tax on part of municipality
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| DIVISION 3
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| BUSINESS TAX
|
| 305
|
| Application
|
| 306
| (1)
| Business tax by-law
|
|
| (2)
| Maximum tax rate
|
| 307
|
| Part year use or occupancy
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| 308
|
| Fees in lieu of business taxes
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| 309
|
| Tax or fee in addition to other taxes
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| DIVISION 3.1
|
| MOBILE HOMES
|
| 309.1
| (1)
| Definitions
|
|
| (2)
| Amending mobile home licence fees
|
|
| (3)
| Phasing out mobile home licences
|
| DIVISION 4
|
| LOCAL IMPROVEMENTS AND SPECIAL SERVICES
|
| 310
|
| Definition
|
| 311
|
| Local improvement
|
| 312
|
| Special service
|
| 313
|
| Plan or proposal
|
| 314
|
| Content of proposal
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| 315
| (1)
| Content of plan
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|
| (2)
| Estimated cost of local improvement
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|
| (3)
| Costs to be paid by municipality
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|
| (4)
| Calculation of tax rates
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|
| (5)
| Apportionment of estimated cost
|
| 316
| (1)
| Basis for calculating taxes
|
|
| (2)
| Corner and irregular lots
|
|
| (3)
| Reduction for lands abutting a road
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|
| (4)
| Property subject to tax
|
| 317
| (1)
| Local improvement districts and special services areas
|
|
| (2)
| Reference to local improvement district or special services area
|
| 318
| (1)
| Notice of plan or proposal and public hearing
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|
| (1.1)
| Time to send notice
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|
| (2)
| Content of notice
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|
| (3)
| Notice to railway company
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|
| (4)
| Notice where tax to be levied on all taxpayers
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| 319
| (1)
| Objection to plan or proposal
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|
| (2)
| Content of notice
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|
| (3)
| Construction of sewer
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| 320
| (1)
| By-law to approve plan or proposal
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|
| (2)
| Objection by 2/3 of potential taxpayers
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|
| (3)
| Repealed
|
|
| (4)
| Requirements before third reading
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|
| (5)
| Taxpayer objection to third reading
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|
| (6)
| Requirements of objection
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| 321
| (1)
| Hearing by Municipal Board
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|
| (2)
| Municipal Board decision
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|
| (3)
| Notice and opportunity to be heard
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|
| (4)
| Limitation on third reading
|
| 322
| (1)
| Amendment after subdivision, consolidation or change in plan
|
|
| (2)
| Reduction in local improvement taxes
|
| 323
|
| Agreement re land required for local improvement
|
| 324
|
| Excess taxes
|
| 325
|
| Prepayment of local improvement taxes
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| DIVISION 5
|
| SUPPLEMENTARY TAXES
|
| 326
| (1)
| Supplementary taxes re property
|
|
| (1.1)
| Supplementary taxes re business
|
|
| (2)
| Supplementary taxes based on set rates
|
|
| (3)
| Period for which supplementary taxes are payable
|
| 327
| (1)
| Supplementary tax notice
|
|
| (2)
| Content of notice
|
| 328
| (1)
| Application to board of revision
|
|
| (2)
| Requirements of application
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|
| (3)
| Requirements of Municipal Assessment Act
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| DIVISION 6
|
| AMUSEMENT TAX
|
| 329
|
| Definitions
|
| 330
| (1)
| Amusement tax by-law
|
|
| (2)
| Rates of tax
|
|
| (3)
| Collection of tax
|
| 331
|
| Payment in lieu of tax
|
| 332
|
| Exemption from tax
|
| 333
|
| Application to City of Winnipeg
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| DIVISION 7
|
| GRANTS IN LIEU OF TAXES
|
| 334
|
| Definitions
|
| 335
| (1)
| Grants payable in lieu of taxes
|
|
| (2)
| Liability for grant
|
|
| (3)
| Amount of grant
|
|
| (4)
| Exceptions
|
|
| (5)
| Application of subsection (4)
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|
| (6)
| Delayed exemption
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|
| (7)
| Local improvement taxes payable before acquisition
|
|
| (8)
| Grant in respect of Legislative Building, Government House
|
| 336
|
| M.P.I.C.
|
| 337
|
| Leaf Rapids Town Properties Ltd.
|
| 338
|
| Application to City of Winnipeg
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| PART 11
|
| TAX AND DEBT COLLECTION
|
| DIVISION 1
|
| GENERAL
|
| 339
|
| Definitions
|
| 340
| (1)
| Application of payments
|
|
| (2)
| Application to tax on specific property or business
|
| 341
| (1)
| Tax certificate
|
|
| (2)
| Certificate binding
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| 342
| (1)
| Collection remedies
|
|
| (2)
| Debt to municipality
|
| 343
| (1)
| Repayment of taxes paid under protest
|
|
| (2)
| Limited entitlement to repayment
|
|
| (3)
| Appeal constitutes payment under protest
|
|
| (4)
| No further assessment appeal
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| DIVISION 2
|
| INCENTIVES AND PENALTIES
|
| 344
|
| Discount for prepayment
|
| 345
|
| Instalments
|
| 346
| (1)
| "Tax arrears" excludes current year's penalties
|
|
| (2)
| Penalties
|
|
| (3)
| Penalty imposed monthly
|
|
| (4)
| Limitations
|
|
| (5)
| Penalties added to taxes
|
| DIVISION 3
|
| LIENS FOR TAXES
|
| 347
| (1)
| Special lien on land and improvements
|
|
| (2)
| Special lien on personal property
|
|
| (3)
| Priority of lien
|
|
| (4)
| Priority of lien for taxes
|
|
| (5)
| Effect of bankruptcy or winding-up
|
| DIVISION 4
|
| SEIZURE AND SALE OF GOODS
|
| 348
|
| Definition
|
| 349
| (1)
| Seizure for taxes
|
|
| (2)
| Warrant for seizure
|
|
| (3)
| Exemption from seizure
|
|
| (4)
| Limitation on exemption
|
| 350
|
| Entry to seize goods
|
| 351
|
| Service of warrant
|
| 352
|
| Acknowledgement
|
| 353
|
| Release not to prejudice municipality
|
| 354
|
| Limited liability for seized goods
|
| 355
| (1)
| Growing crops
|
|
| (2)
| Sale of crops
|
| 356
| (1)
| Sale by public auction
|
|
| (2)
| Notice of auction
|
|
| (3)
| Surplus proceeds of sale
|
| 357
| (1)
| Order for seizure and sale before taxes due
|
|
| (2)
| Application without notice
|
| 358
| (1)
| Application for restitution
|
|
| (2)
| Order for restitution
|
|
| (3)
| No further assessment appeal
|
| DIVISION 5
|
| MISCELLANEOUS REMEDIES
|
| 359
|
| Removal of improvements
|
| 360
| (1)
| Demand to tenant
|
|
| (2)
| Copy of notice to landlord
|
|
| (3)
| Discharge of tenant's liability
|
| 361
| (1)
| Notification of insurance proceeds
|
|
| (2)
| Content of notice
|
|
| (3)
| Demand for payment
|
|
| (4)
| Application of subsection (3)
|
|
| (5)
| Waiver
|
| 362
| (1)
| Demand to purchaser of oil or natural gas
|
|
| (2)
| Content of notice
|
|
| (3)
| Copy of notice to taxpayer
|
|
| (4)
| Purchaser to remit
|
|
| (5)
| Discharge of purchaser's liability
|
| DIVISION 6
|
| TAX SALES OF REAL PROPERTY
|
| 363
| (1)
| Definitions
|
|
| (2)
| Interpretation
|
|
| (3)
| Non-application of Real Property Act
|
| 364
|
| Tax arrears list
|
| 365
| (1)
| Mandatory auction
|
|
| (2)
| Council may designate year
|
|
| (3)
| Sale by public auction
|
|
| (4)
| Limitation
|
| 366
| (1)
| Notice of tax sale
|
|
| (2)
| Registration of notice
|
|
| (3)
| Directions for service of notice
|
|
| (4)
| Different directions for different properties
|
| 367
| (1)
| First notice of auction
|
|
| (2)
| Second notice of auction
|
|
| (3)
| Application for substitutional service of notice
|
|
| (4)
| District registrar may grant substitutional service
|
|
| (5)
| Compliance with directions for service
|
|
| (6)
| Content of notice of auction
|
|
| (7)
| Public notice of auction
|
|
| (8)
| Content of public notice of auction
|
| 368
| (1)
| Municipality entitled to possession
|
|
| (2)
| Order for possession
|
| 369
| (1)
| Cancellation or adjournment of auction
|
|
| (1.1)
| Outstanding balance remains owing
|
|
| (2)
| Notice of cancellation or adjournment
|
|
| (3)
| Continuing in possession
|
|
| (4)
| Application of money
|
| 370
| (1)
| Declaratory relief
|
|
| (2)
| Time limit
|
|
| (3)
| Adjournment of tax sale pending outcome of application
|
| 371
| (1)
| Time for payment of arrears and costs
|
|
| (2)
| Tax arrears paid
|
| 372
|
| Conditions of sale, reserve bid
|
| 373
|
| Prohibited bidders, purchasers and agents
|
| 374
|
| Municipality may bid
|
| 375
| (1)
| Sale of property
|
|
| (2)
| Sale for reserved bid
|
|
| (3)
| Sale for less than tax arrears and costs
|
|
| (4)
| No sale
|
| 376
| (1)
| Tax sale application
|
|
| (2)
| Application in name of municipality
|
| 377
| (1)
| Challenge to tax sale
|
|
| (2)
| Time for challenge to tax sale
|
|
| (3)
| Registration of tax sale purchaser as owner
|
|
| (4)
| Title of purchaser
|
|
| (5)
| Application to bring property under new system
|
|
| (6)
| Invalid tax sale does not invalidate purchaser's title
|
| 378
| (1)
| Failure to give proper notice
|
|
| (2)
| Incompleted tax sale
|
| 379
|
| No action against district registrar
|
| 380
| (1)
| Surplus proceeds
|
|
| (2)
| Priority of claim to excess
|
|
| (3)
| Proceeds of sale to municipality
|
|
| (4)
| Application of surplus proceeds
|
| 381
|
| Registrar General
|
| PART 12
|
| LIABILITY OF MUNICIPALITIES AND OTHER LEGAL MATTERS
|
| DIVISION 1
|
| CHALLENGING BY-LAWS AND RESOLUTIONS
|
| 382
| (1)
| Application for declaration of invalidity
|
|
| (2)
| When by-law is discriminatory
|
|
| (3)
| Order
|
| 383
| (1)
| Time limit for action under clause 382(1)(d)
|
|
| (2)
| Validity relating to public participation
|
| 384
|
| No challenge on certain grounds
|
| DIVISION 2
|
| LIABILITY OF MUNICIPALITIES
|
| 385
|
| Definitions
|
| MUNICIPAL ROADS
|
| 386
| (1)
| No liability unless municipal road
|
|
| (2)
| Liability for municipal roads
|
|
| (3)
| Liability for location of municipal road
|
| BUILDING INSPECTIONS
|
| 387
| (1)
| Requests for inspections
|
|
| (2)
| Negligent inspections
|
|
| (3)
| Certification by professionals
|
|
| (4)
| Matters outside scope of inspection
|
|
| (5)
| Failure to comply with conditions
|
|
| (6)
| Failure to prevent or limit loss
|
|
| (7)
| Inspection not a guarantee
|
| OTHER MATTERS
|
| 388
| (1)
| Repealed
|
|
| (2)
| Limited liability for public facility
|
| 389
|
| Limited liability for utilities or services
|
| 390
|
| Limited liability for water overflow
|
| 391
|
| Limitation on standard of care for protective fire services
|
| 392
|
| Exercise of discretion
|
| 393
|
| Liability for remedying contravention of by-law
|
| 394
|
| No liability for negligent supervision by others
|
| 395
|
| No liability for certain nuisances
|
| 396
| (1)
| Notice requirement
|
|
| (2)
| Limitation of actions
|
| DIVISION 3
|
| JUDGMENTS AGAINST MUNICIPALITIES
|
| 397
| (1)
| Service of judgment
|
|
| (2)
| Payment by municipality
|
|
| (3)
| Borrowing to pay judgment
|
|
| (4)
| Amount of tax
|
| 398
|
| Failure to pay judgment
|
| 399
|
| Effect of deduction
|
| 400
| (1)
| Liens against municipal property
|
|
| (2)
| Registration of judgment
|
| 401
|
| Prohibition of execution against municipality
|
| DIVISION 4
|
| INDEMNIFICATION OF MEMBERS OF COUNCIL, MUNICIPAL EMPLOYEES, AND VOLUNTEERS
|
| 402
|
| Definitions
|
| 403
| (1)
| Protection from liability
|
|
| (2)
| No protection re defamation
|
|
| (3)
| No protection re municipality
|
| 404
| (1)
| Indemnification on successful defence
|
|
| (2)
| Discretion to indemnify
|
|
| (3)
| Costs incurred under Conflict of Interest Act
|
| PART 13
|
| MUNICIPAL EMPLOYEES PENSIONS
|
| DIVISION 1
|
| PENSIONS AND GRATUITIES
|
| 405
| (1)
| Retiring grant or annuity
|
|
| (2)
| Repeal or amendment of by-law
|
| 406
| (1)
| Definition
|
|
| (2)
| Pension plan required
|
|
| (2.1)
| Additional benefits
|
|
| (3)
| Plans before January 1, 1971
|
|
| (4)
| Plan under Division 2
|
|
| (5)
| Termination of pension plan
|
| DIVISION 2
|
| MUNICIPAL EMPLOYEES BENEFITS PROGRAM
|
| 407
|
| Definitions
|
| 408
| (1)
| Board continued
|
|
| (2)
| Powers of board
|
|
| (3)
| Term of members of the board
|
|
| (4)
| Application of Corporations Act
|
| 409
|
| Fund and plan continued
|
| 410
| (1)
| Board may amend plan
|
|
| (2)
| Trust agreement
|
|
| (3)
| Plan and fund administration after execution of trust agreement
|
|
| (4)
| Additional benefits
|
| 411
|
| Municipalities bound
|
| 412
|
| Deposits to fund
|
| 413
|
| Plan membership
|
| 414 to 416
|
| Repealed
|
| PART 14
|
| MISCELLANEOUS
|
| REGULATIONS
|
| 417
| (1)
| L.G. in C. regulations
|
|
| (2)
| Retroactive regulation
|
|
| (3)
| Time limitation on regulation
|
| 418
| (1)
| Regulations by minister
|
|
| (2)
| Consultation with Municipal Advisory Committee
|
| 419
|
| Publication is proof of compliance
|
| NOTICE
|
| 420
| (1)
| Notice of a public hearing
|
|
| (2)
| Content of the notice
|
|
| (3)
| Other public notices
|
|
| (4)
| Content of other public notices
|
|
| (5)
| Certification of public notice
|
| 421
| (1)
| Service of notices and other documents
|
|
| (2)
| Notice of public hearing
|
|
| (3)
| Posting of notice
|
| 422
|
| Service of documents on a municipality
|
| CERTIFIED COPIES OF MUNICIPAL RECORDS
|
| 423
| (1)
| Admissibility of certified copy in evidence
|
|
| (2)
| Admissibility of record in converted form
|
|
| (3)
| Certificate
|
|
| (4)
| Judicial notice
|
| 424
|
| Deemed change of certain terms
|
| PART 15
|
| TRANSITIONAL PROVISIONS
|
| 425
|
| Definitions
|
| 426
|
| Continuation of certain Acts
|
| 427
| (1)
| Towns, villages and cities continued as urban municipalities
|
|
| (2)
| Rural municipalities continued as rural municipalities
|
| 428
| (1)
| L.G.D.s continued as towns
|
|
| (2)
| L.G.D.s continued as rural municipalities
|
| 429
|
| Effect of continuation of municipality or L.G.D
|
| 430
|
| Annexation in process under former Act
|
| 431
| (1)
| Councils of municipalities continued
|
|
| (2)
| Members continue as if elected under this Act
|
|
| (3)
| Application of clause 91(d) and subsection 92(7)
|
| 432
| (1)
| Elected committees and councils of L.G.D.s continued
|
|
| (2)
| Members of committees and councils continued
|
| 433
|
| Resident administrator of L.G.D.
|
| 434
| (1)
| Continuation of unincorporated village districts
|
|
| (2)
| Continuation of unincorporated urban districts
|
|
| (3)
| Committees of U.V.D.s and U.U.D.s continued
|
|
| (4)
| Members of committees continued
|
|
| (5)
| Effect of continuation of U.V.D.s and U.U.D.s
|
|
| (6)
| By-elections before first general election
|
| 435
| (1)
| By-laws, resolutions, appointments and other decisions
|
|
| (2)
| Organizational by-law and procedures by-law
|
| 436
|
| Licences, permits, approvals and authorizations
|
| 437
|
| Agreements and contracts
|
| 438
|
| Repealed
|
| 439
|
| Funds and reserves under former Act
|
| 440
|
| Borrowing
|
| 441
|
| Continuation of tax and penalty
|
| 442
|
| Tax rolls and tax notices
|
| 443
|
| Tax sales and redemptions
|
| 444
|
| Application of former Municipal Act to City of Winnipeg
|
| 445
|
| Transitional regulations
|
| PART 16
|
| 446 to 477
|
|
|
| PART 17
|
| REPEAL, C.C.S.M. REFERENCE, COMING INTO FORCE
|
| 478
|
| Repeal
|
| 479
|
| C.C.S.M. reference
|
| 480
|
| Coming into force
|
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