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C.C.S.M. c. M225

The Municipal Act

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Sections: 1 - 124 | 125 - 249 | 250 - 381 | 382 - 480
PART 4
CHIEF ADMINISTRATIVE OFFICER AND DESIGNATED OFFICERS
CHIEF ADMINISTRATIVE OFFICER
125(1) Establishment of position of C.A.O.
(2) Majority of number of members required
(3) Council may give title other than "C.A.O."
126 C.A.O. entitlement in certain circumstances
127(1) C.A.O.'s responsibilities
(2) C.A.O.'s administrative duties
(3) C.A.O. duties re council committees
128(1) Duty of C.A.O. if money not lawfully used
(2) Minister's powers after receiving notice
129 Delegation by C.A.O.
DESIGNATED OFFICERS
130 Establishment of designated officer positions
131 Delegation by designated officer
PART 5
PRACTICE AND PROCEDURES
DIVISION 1
COUNCILS
132 Council to designate municipal office
133 Minutes of council meetings
134(1) Signing agreements, cheques, instruments
(2) Reproduction of signature
QUORUM
135(1) Quorum for council meetings
(2) Number of councillors required for quorum
(3) Minimum number for quorum
(4) When member not to be counted
VOTING
136 One vote per member
137 Minutes of vote on third reading of a by-law
138 Tie vote defeats by-law or resolution
139(1) Council reconsidering decision
(2) Record of reconsideration in minutes
BY-LAWS AND RESOLUTIONS
140(1) Methods by which a council may act
(2) Where council must act by by-law
(3) Where council may act by resolution
(4) Effect of acting by by-law when resolution is sufficient
141 Passing a resolution
142(1) Proposed by-law to be given three readings
(2) Limit of two readings at one meeting
(3) Text to be available before first reading
(4) Text to be available before third reading
(5) Procedure at each reading
143 When public hearing on by-law is to be held
144 Rescission of previous by-law readings
145 When a by-law is passed
146(1) When a by-law comes into force
(2) Where approval required
(3) No retroactivity without specific authority
147(1) Power to amend and repeal a by-law
(2) Manner of repeal or amendment
ORGANIZATION AND PROCEDURE
148(1) Council to pass an organizational by-law
(2) Content of organizational by-law
149(1) Council to pass procedures by-law
(2) Council bound by procedures by-law
(3) Content of procedures by-law
(4) Further content of procedures by-law
150(1) Meeting through electronic communications
(2) Participating member deemed to be present
SPECIAL MEETINGS
151(1) Head of council convening special meeting
(2) Notice according to procedures by-law
(3) Meeting to be called under procedures by-law
(4) Effect of notice given to absent member
(5) Member may waive notice
(6) Agenda at special meeting
DIVISION 2
PUBLIC PRESENCE AT MEETINGS
152(1) Meetings to be conducted in public
(2) Public's right to be present at meetings
(3) When council or council committee may close meeting
(4) Resolution to re-open a closed meeting
DIVISION 3
PETITIONS AND PUBLIC HEARINGS
PETITIONS
153 Petitions must conform to this Division
154(1) Sufficiency of petition
(2) Petition's purpose to be stated on each page
(3) Information about each petitioner
(4) Manner of witnessing signature on a petition
(5) Number of petitioners required
(6) Petitioners for local improvement or special service
(7) Entity may authorize individual to sign
(8) Counting the number of petitioners
(9) Petition must name representative
155 Filing
156(1) C.A.O. to determine sufficiency of certain petitions
(2) Process where petition is not sufficient
(3) Re-filing of petition
(4) C.A.O. to advise council of notice given
157(1) Presentation of petition to council
(2) No change in petition after presentation
158 Petition is received on presentation
159 Council's consideration of petition
PUBLIC HEARINGS
160(1) Application
(2) Attendance of members at public hearing
(3) Procedure at public hearing
(4) Council may establish procedure in by-law
(5) Notice of continuation of adjourned hearing
PART 6
FINANCIAL ADMINISTRATION
FINANCIAL PLANS
161 Fiscal year is calendar year
162(1) Council must adopt financial plan for each fiscal year
(2) Council to hold public hearing on financial plan
(3) New public hearing when certain items revised
(3.1) Increase in requisition only
(4) Financial plan to be filed with minister
(5) Council may request extension of time
163 Council may adopt interim operating budget
164(1) Expenditures to be estimated in operating budget
(2) Revenue and transfers to be estimated
(3) Expenditures not to exceed transfers and revenue
(4) Utilities expenditures not to exceed transfers and revenue
(5) Transfer from accumulated surplus or reserve fund
165(1) Council to obtain approval for anticipated deficiency
(2) Council to obtain approval for anticipated deficiency in utility
166 Content of capital budget
167 Content of capital expenditure program
168(1) Council may establish reserve funds
(2) Expenditure from reserve fund with specific purpose
169(1) Expenditures
(2) Expenditure for purpose not set out in budgets
(3) Expenditure or transfer of revenue exceeding estimate
(4) Expenditure from capital budget
(5) Expenditures exceeding budgets
(6) Public hearing necessary for some expenditures
(7) No public hearing if specific purpose reserve is used
(8) Content of notice
170 Employees who handle money to be bonded
171(1) Certain use of municipal money an offence
(2) Civil liability of the member
(3) Joint and several liability
(4) Municipality or voter may take action
(5) Exception of declared state of emergency
DIVISION 2
BORROWING
172 Definitions
173(1) Council may borrow for operating expenses
(2) Application to borrowing
174(1) Borrowing must be authorized by by-law
(2) Council may exclude certain borrowing from budgets
(3) Content of borrowing by-law
175 Repeal or amendment of borrowing by-law
176 Every proposed borrowing to be approved by board
177 Use of borrowed money restricted to stated purpose
178 Application of money borrowed
179 Term of borrowing for capital property
DIVISION 3
LOANS
180(1) Municipality may make loans
(2) Content of by-law authorizing loan
DIVISION 4
INVESTMENTS
181(1) Definition
(2) Authorized investments
(3) Membership in non-profit organization
DIVISION 5
ANNUAL FINANCIAL STATEMENTS AND AUDITOR'S REPORT
182 Definition
183(1) Annual financial statements
(2) Annual financial information returns
184(1) Council to appoint an auditor for each year
(2) Member or employee not to be appointed
(3) Council to inform minister of appointment
(4) Minister may appoint if council does not appoint
(5) Qualifications for appointment as auditor
185(1) Municipality to pay auditor's fees and expenses
(2) Certain bodies to pay auditor's fees and expenses
186(1) Scope of auditor's examination
(2) Auditor not required to audit certain bodies
187(1) Auditor's entitlement to access
(2) Auditor's entitlement to information
188(1) Financial institution to provide information
(2) Information from land titles offices and courts
189 Auditor must report failure to comply
190(1) Timing and content of auditor's report
(2) Auditor to submit supplement with report
191 Auditor to provide minister with information
192 Council to provide minister with information
193(1) Auditor to give report to head of council and minister
(2) Head of council to table report at next regular meeting
194 Public notice of auditor's report
195 Auditor to give report to head of audited body
196(1) Council to advise minister of action taken
(2) Minister may take action
197(1) Auditor or minister may act as commissioner
(2) Auditor or minister may retain counsel
198 Offence and penalty
DIVISION 6
MUNICIPALITIES IN FINANCIAL DIFFICULTIES
SUPERVISION
199 Definition
200(1) Order of supervision
(2) Submission of program by municipality
(3) Directions and approval by supervisor
(4) Notice of orders
(5) Effect of Municipal Board Act
201 Minister may prescribe program
202 Amendment of program
203 Current borrowings
204 Ministerial directions
205 Borrowing in contravention of order
206 Municipality remains subject to Act
207 Payment of expenses
ADMINISTRATION
208(1) Appointment of administrator
(2) Notice in Manitoba Gazette
(3) Effect of appointment
209 Powers of administrator
210 Administrator may demand books
211 Administrator to be bonded
212 Administrator under control of minister
213 Advisory committee
214 Supervision by minister
215 Approval of administrator's by-laws
216 Payment of expenses
217 Restoration of municipal status
218 Dissolution of municipality
219(1) Effect of dissolution
(2) Publication in Manitoba Gazette
220 Receiver under control of minister
221 Receiver may demand books
222 Powers to realize upon assets
223 Receiver to be bonded
224 Application of money
225 Payment of expenses
226 Distribution of assets for school purposes
GENERAL
227 Regulations
228 Offence and penalty
PART 7
BY-LAWS: GENERAL JURISDICTION
DIVISION 1
APPLICATION
229 Geographic application of by-laws
230 By-law inconsistent with other legislation
DIVISION 2
SPHERES OF JURISDICTION
231 Guide to interpreting power to pass by-laws
232(1) Spheres of jurisdiction
(2) Exercising by-law-making powers
233 Content of by-laws under clause 232(1)(c)
234 Content of by-laws under clause 232(1)(f)
235 Charge re local transportation system under clause 232(1)(m)
235.1(1) Requirements prior to passing by-law under clause 232(1)(n.1)
(2) Content of heritage tax credit by-law
236(1) Content of by-laws under clause 232(1)(o)
(2) Application of clause 232(1)(o)
237 No licence required for sale of own produce
238 Fee in addition to business or amusement tax
DIVISION 3
ENFORCEMENT OF BY-LAWS
239(1) Municipal inspections and enforcement
(2) Identification
(3) Emergencies
240(1) Court authorized inspections and enforcement
(2) Court order
241(1) Inspection of meters
(2) Court order
242(1) Order to remedy contravention
(2) Content of order
243(1) Order to remedy dangers and unsightly property
(2) Further content of order
244(1) Review by council
(2) Powers of council
245(1) Municipality remedying contraventions
(2) Closure of premises
(3) Costs
246(1) Remedying dangers and unsightly property
(2) Removal of occupants
(3) Costs
(4) Proceeds of sale
247(1) Emergencies
(2) Application
(3) Compliance with order
(4) Remuneration for service or materials
(5) Costs
248 Application to court to enforce by-law
249(1) Contravention of by-law is an offence
(2) Continuing offence
(3) Disposition of fines

Sections: 1 - 124 | 125 - 249 | 250 - 381 | 382 - 480

 

 
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