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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 12
LIABILITY OF MUNICIPALITIES AND OTHER LEGAL MATTERS
DIVISION 1
CHALLENGING BY-LAWS AND RESOLUTIONS
Application for declaration of invalidity
382(1) A person may make an application to the court for a declaration that a by-law or resolution is invalid on the ground that
(a) the council acted in excess of its jurisdiction;
(b) the council acted in bad faith;
(c) the by-law is discriminatory; or
(d) the council failed to comply with a requirement of this or any other Act or the municipality's procedures by-law.
382(2) A by-law is discriminatory if it operates unfairly and unequally between different classes of persons without reasonable justification.
382(3) Upon hearing an application under subsection (1), a judge may make the requested declaration and any other order he or she considers appropriate.
Time limit for action under clause 382(1)(d)
383(1) Subject to subsection (2), an application under clause 382(1)(d) must be filed within one year after the by-law or the resolution is passed.
Validity relating to public participation
383(2) The limitation period in subsection (1) does not apply if the ground for the application is that
(a) the by-law is required to be put to a vote of voters, and the vote has not been conducted or the by-law was not given the required approval in the vote;
(b) notice of an intention to pass the by-law was required but not given; or
(c) a public hearing was required in respect of the by-law but was not held.
No challenge on certain grounds
384 No by-law, resolution or proceeding of a council and no resolution or proceeding of a council committee may be challenged on the ground that
(a) the by-law is unreasonable or not in the public interest;
(b) a person sitting or voting as a councillor
(i) was not qualified when elected, or
(ii) after being elected, ceased to be qualified or became disqualified;
(c) a person sitting or voting as a member of a council committee
(i) was not qualified when appointed or elected, or
(ii) after being appointed or elected, ceased to be qualified, or became disqualified;
(d) the election of one or more councillors or members of the committee of a local urban district is invalid;
(e) a councillor or a member of the committee of a local urban district has resigned because of disqualification;
(f) a person has been declared disqualified from being a councillor or a member of a committee of a local urban district;
(g) a councillor or a member of a committee of a local urban district does not take the oath of office; or
(h) there was a defect in the appointment of a councillor or other person to a council committee.
DIVISION 2
LIABILITY OF MUNICIPALITIES
385 In this Division,
"building standard" means
(a) a building construction standard adopted, established, prescribed or varied under The Buildings and Mobile Homes Act, and
(b) a standard adopted, established, prescribed or varied under a regulation under The Fires Prevention and Emergency Response Act; (« norme de construction »)
"inspection" means an examination, review, survey or other action permitted or required to enforce a building standard; (« inspection »)
"public facility" means a place that is subject to the direction, control and management of a municipality, and includes playgrounds, arenas, swimming pools, recreation centres, offices and libraries operated by a municipality; (« installations collectives »)
"public work" means any work that is constructed or maintained by a municipality for a municipal purpose, but does not include a public facility. (« ouvrage public »)
S.M. 1998, c. 33, s. 37; S.M. 2002, c. 26, s. 22.
MUNICIPAL ROADS
No liability unless municipal road
386(1) A municipality is not liable for loss or damage sustained in respect of a road in the municipality unless the road is a municipal road.
386(2) A municipality is not liable for loss or damage in respect of a municipal road
(a) for failing to construct or maintain the road beyond the standard required under section 294 and subsection 295(2);
(b) caused by installing, failing to install, or the choice of a wall, fence, guardrail, railing, curb, pavement marking, traffic control device, illumination device or barrier adjacent to or in, along or on the road, except where the loss is caused by the municipality's failing to replace or repair a guardrail, railing, traffic control device, illumination device or barrier adjacent to, or in, along or on, the road and the municipality
(i) knew or ought to have known of the state of disrepair, and
(ii) failed to take reasonable steps to correct the state of disrepair within a reasonable period of time;
(c) caused by
(i) any construction, obstruction or erection, or
(ii) the situation, arrangement or disposition of any earth, rock, tree or other material or thing,
adjacent to or in, along or on the portion of the road that is not designed for vehicle use; or
(d) caused by rain, hail, snow, ice, sleet or slush on the road or on a sidewalk adjacent to or along the road, unless the municipality is grossly negligent.
Liability for location of municipal road
386(3) Where a municipality in good faith constructs a municipal road, but the road is located other than according to the plan for the road, the municipality is liable to the owner of the land on which the road was constructed only to the same extent as if that land had been expropriated.
BUILDING INSPECTIONS
387(1) A municipality is not liable for a loss related to
(a) the manner or extent of an inspection; or
(b) the frequency, infrequency or absence of inspection;
unless the inspection was requested at the appropriate stage of construction and with reasonable advance notice before the inspection was required, and the municipality failed to conduct the inspection or conducted it in a negligent manner.
387(2) An inspection is conducted in a negligent manner only if it fails to disclose a defect or deficiency that
(a) could be reasonably expected to be detected; and
(b) falls within the scope of the inspection being conducted.
Certification by professionals
387(3) For the purpose of an inspection, a municipality may rely on a certification or representation by an engineer, architect, surveyor or other person with expertise respecting the thing being certified or represented, and a municipality that relies on such a certification or representation is not liable for any loss or damage caused by the negligence of the engineer, architect, surveyor or other person in making the certification or representation.
Matters outside scope of inspection
387(4) An inspection by a municipality to enforce a building standard does not create or impose a duty on the municipality with respect to any matter not being inspected.
Failure to comply with conditions
387(5) If conditions are imposed by the municipality in respect of or in the course of an inspection, the municipality is not liable to any person for loss or damage as a result of the conditions not being complied with, unless the municipality
(a) knew of the failure to comply with the conditions;
(b) had the power to order that the conditions be complied with; and
(c) failed to order compliance.
Failure to prevent or limit loss
387(6) A municipality is not liable for loss or damage resulting from an inspection or a failure to inspect if the person claiming the loss knew or ought to have known of the thing or matter that caused the loss and failed to take reasonable steps to limit or prevent the loss.
387(7) An inspection or a system of inspections by a municipality is not a representation, guarantee, warranty or insurance of the quality or standard of construction of, or of any other thing respecting, the property, building, utility, structure or other thing inspected.
388(1) Repealed, S.M. 1998, c. 33, s. 38.
Limited liability for public facility
388(2) A municipality is not liable for failing to maintain a public facility in a reasonable state of repair unless the municipality knew or ought to have known of the state of disrepair and failed to take steps to rectify the state of disrepair within a reasonable period of time.
Limited liability for utilities or services
389 Where a municipality operates a utility or provides a service, it is not liable for loss or damage as a result of
(a) the breaking of a pipe, service line, conduit, pole, wire, cable or other part of the utility or service; or
(b) the discontinuance or interruption of a service or connection;
by reason of
(c) accident;
(d) disconnection for non-payment or non-compliance with a term or condition of service; or
(e) necessity to repair or replace a part of the utility or service.
Limited liability for water overflow
390 Where an overflow of water from a sewer, drain, ditch or watercourse is a consequence of excessive snow, ice or rain, a municipality is not liable for a loss as a result of the overflow.
Limitation on standard of care for protective fire services
391 For the purpose of determining the standard of care of a municipality in an action or proceeding relating to the provision by the municipality of a protective fire service, the court shall consider all relevant factors that might reasonably have affected the ability of the municipality to provide the fire protection services, including, but not limited to,
(a) the population density of the municipality;
(b) geographic limitations to the provision of the service;
(c) whether the service provided is volunteer or partly volunteer;
(d) the amount of the total municipal assessment against which taxes may be imposed; and
(e) any other criteria specified by the minister by regulation.
392 A municipality that has the discretion to do something is not liable for deciding in good faith not to do that thing or for not doing it.
Liability for remedying contravention of by-law
393 A municipality is not liable for loss or damage caused by it in remedying, or attempting to remedy, a contravention of a by-law, unless the municipality is grossly negligent.
No liability for negligent supervision by others
394 Where a municipality entrusts the construction of a public work or a public facility to the supervision of an engineer, architect, surveyor or other person with relevant expertise to supervise the construction, the municipality is not liable for loss or damage arising from any negligence on the part of the supervisor.
No liability for certain nuisances
395 A municipality is not liable for a nuisance as a result of
(a) the construction, operation or maintenance of a system or facility for collection, conveyance, treatment or disposal of sewage or storm water, or both sewage and storm water, unless the municipality is negligent; or
(b) the construction or operation of a public work, regardless of whether the authority to construct or operate the work is mandatory or permissive, unless the nuisance could have been prevented by another practicable method of constructing or operating the public work.
396(1) To claim against a municipality for loss or damage as a result of the municipality's failure to maintain a municipal road or a public facility, the claimant must, in writing, notify the chief administrative officer of the municipality of the event on which the claim is based within three days after the event.
396(2) Failure to notify the municipality within the time required by subsection (1) bars the action unless
(a) the claimant has a reasonable excuse for the lack of notice and the municipality is not prejudiced by the lack of notice;
(b) the claim relates to the death of a person as the result of the event complained of; or
(c) the municipality waives the notice requirement.
DIVISION 3
JUDGMENTS AGAINST MUNICIPALITIES
397(1) A judgment creditor may serve a judgment issued against a municipality by serving it on the chief administrative officer of the municipality, who must bring the judgment to the attention of the council at the next council meeting.
397(2) A municipality must pay money owing by it to a judgment creditor from its surplus funds or a reserve fund that is not designated for a special purpose.
397(3) If there is not sufficient money in a surplus or reserve fund to satisfy a judgment, the municipality must
(a) borrow sufficient money to pay the balance of the money owing; and
(b) subject to subsection (4), in its annual tax by-laws for the next year and later years, levy an additional tax sufficient to repay the amount borrowed.
397(4) A tax levied under clause (3)(b) must not exceed, in any one year, the greater of
(a) a rate of two mills on the portioned assessment of all taxable property in the municipality; and
(b) the minimum amount necessary to pay the interest and principal of the borrowing over the longest term for which the loan could be obtained.
398 Where a municipality fails, in whole or in part, to satisfy a judgment owed by it, the minister may do one or both of the following:
(a) request the Minister of Finance to pay the amount owing on the judgment to the judgment creditor and deduct the amount of the payment from any amount of money payable to the municipality by the government, including money payable under an agreement or an Act of the Legislature;
(b) request the Lieutenant Governor in Council to appoint a supervisor, administrator, or receiver under Division 6 (Municipalities in Financial Difficulties) of Part 6.
399 An amount of money paid to a judgment creditor and deducted by the Minister of Finance from money payable to the municipality by the government is deemed to have been paid to the municipality.
Liens against municipal property
400(1) A judgment creditor of a municipality does not have and never had a lien or charge on land or personal property of the municipality unless the lien was created as a specific charge on the land or property.
400(2) The registration of a certificate of judgment against a municipality in a land titles office, or any other place, for the purpose of collecting the judgment is void unless the judgment was made under a security agreement specifically charging the land or property.
Prohibition of execution against municipality
401 No execution, attachment or process of a similar nature shall be issued out of any court to enforce payment of money by a municipality under a judgment.
DIVISION 4
INDEMNIFICATION OF MEMBERS OF COUNCIL, MUNICIPAL EMPLOYEES, AND VOLUNTEERS
402 In this Division,
"costs" means any costs, charges, fees and expenses, reasonably incurred in respect of a civil, criminal, or administrative action or proceeding, including an amount paid to settle an action or satisfy a judgment; (« frais »)
"municipal officer" means
(a) the chief administrative officer,
(b) a designated officer, and
(c) any other employee of the municipality; (« fonctionnaire municipal »)
"volunteer worker" means a voluntary member of a fire or ambulance service or local emergency response control group established by a municipality, or any other volunteer performing duties authorized by a municipality. (« travailleur bénévole »)
403(1) A member of a council or council committee, or a municipal officer or volunteer worker is not liable for any loss or damage suffered by a person by reason of anything said or done or omitted to be done by the member, officer or volunteer worker in good faith in the performance or intended performance of powers, duties or functions under this or any other Act.
403(2) Subsection (1) is not a defence to an action in defamation.
403(3) Subsection (1) does not relieve a municipality of liability to which it would otherwise be subject in respect of the actions of the persons referred to in subsection (1).
Indemnification on successful defence
404(1) Subject to subsection (3), a municipality must indemnify a current or former member of a council or council committee, or a municipal officer or volunteer worker, or the heirs and legal representatives of such a person, for reasonable costs incurred in a civil, criminal or administrative action or proceeding commenced as a result of anything said or done or omitted to be done in the performance or intended performance of their functions, duties or powers if the person was substantially successful on the merits of the defence of the action or proceedings.
404(2) Subject to subsection (3), the municipality may indemnify a current or former member of a council or council committee, or a municipal officer or volunteer worker, or the heirs and legal representatives of such a person, in whole or in part, for reasonable costs incurred in a civil, criminal or administrative action or proceeding commenced as a result of anything said or done or omitted to be done in the performance or intended performance of their functions, duties or powers if
(a) the person acted in good faith; and
(b) in the case of a criminal or administrative action or proceeding that is enforced by a monetary penalty, the person had reasonable grounds for believing the conduct in question was lawful.
Costs incurred under Conflict of Interest Act
404(3) A municipality may indemnify a current or former member of a council or council committee, a municipal officer or volunteer worker, or the heirs and legal representatives of such a person, in whole or in part, for costs incurred in defending an application by or on behalf of the municipality under The Municipal Council Conflict of Interest Act only if the person, on making an application to the court, satisfies the court that he or she acted in good faith.
PART 13
MUNICIPAL EMPLOYEES PENSIONS
DIVISION 1
PENSIONS AND GRATUITIES
405(1) Where an employee of a municipality, while in its service,
(a) becomes incapable, through illness or infirmity of discharging his or her duties efficiently; or
(b) reaches retirement age and then ceases to be an employee;
and will not, in the judgment of the council, be reasonably provided for under section 406, the council may by by-law grant to the employee, on ceasing to be employed by the municipality,
(c) as a gratuity, an amount not exceeding the aggregate of the employee's salary or other remuneration during the last preceding three years of his or her service; or
(d) an annual retiring allowance of such amount as the majority of the members of the council consider reasonable in the circumstances,
(i) during the remaining years of the employee's life, or
(ii) during the remaining years between the employee's retirement and the date upon which he or she becomes entitled to a retirement pension under the Canada Pension Plan or a pension under the Old Age Security Act (Canada);
but in either case not exceeding 3/5 of the employee's annual salary or other remuneration calculated on the average over the last preceding three years of his or her service, and the retiring allowance may be payable semi-monthly or otherwise, as the council considers proper.
405(2) A by-law under subsection (1) may not be amended or repealed without the consent of the minister.
406(1) In this section, "employee" means a person who
(a) is employed by a municipality; and
(b) meets the compulsory eligibility criteria for participation in a pension plan as set out in The Pension Benefits Act.
406(2) Every municipality must, by by-law, establish or participate in a pension plan for its employees.
406(2.1) In addition to pension benefits, a municipality may provide other benefits for employees, their dependents or their survivors through the same or separate plans.
406(3) Where before January 1, 1971 a municipality had complied with section 176 of The Municipal Act, as it then was, in respect of employees of the municipality, the municipality may with the written consent of the employees continue to comply with that section and not comply with this section.
406(4) Where a plan or scheme to provide pension or superannuation allowances for employees of municipalities is established under Division 2, participation in the plan or scheme by a municipality is in compliance with subsection (2).
406(5) A municipality must not terminate a plan established under this section, or cease to participate in a plan that it has participated in under this section, or pass a by-law to that effect, without the consent of
(a) the collective bargaining agent of the members of the plan who are also employees of the municipality, or if there is no collective bargaining agent, at least 2/3 of the members of the plan who are also employees of the municipality; and
(b) the board, as defined in section 407, if the board is in existence at the time of the proposed termination.
S.M. 1997, c. 44, s. 3; S.M. 1998, c. 33, s. 39.
DIVISION 2
MUNICIPAL EMPLOYEES BENEFITS PROGRAM
407 In this Division,
"board" means The Municipal Employees Benefits Board continued under section 408; (« Commission »)
"board of trustees" means those persons appointed as trustees under a trust agreement; (« conseil de fiducie »)
"employee" means an employee as defined in subsection 406(1); (« employé »)
"fund" means the Municipal Employees Benefits Fund continued under section 409; (« Fonds »)
"plan" means the Manitoba Municipal Employees Pension Plan continued under section 409; (« Régime »)
"trust agreement" means an agreement described in subsection 410(2). (« accord de fiducie »)
408(1) The Municipal Employees Benefits Board is continued as a corporation consisting of the following persons appointed by the Lieutenant Governor in Council:
(a) one person who is not a representative of either municipalities or employees, who must be the chairperson;
(b) two representatives of municipalities;
(c) two representatives of employees.
408(2) The board shall have all the powers and duties it possessed immediately prior to the enactment of this Act and shall administer the plan in accordance with this Act.
408(3) Each member of the board holds office for a term fixed by the Lieutenant Governor in Council and thereafter until his or her successor is appointed.
Application of Corporations Act
408(4) The Corporations Act does not apply to the board, but the board has the capacity and, subject to this Act, the rights, powers and privileges of a natural person.
409 The fund and the plan are continued and nothing in this Act shall be deemed to wind up or terminate the plan or fund in whole or in part.
410(1) With the approval of the Lieutenant Governor in Council, the board may vary or amend the plan.
410(2) The two representatives of municipalities referred to in clause 408(1)(b), or their successors, may, on behalf of the municipalities participating in the plan, enter into a trust agreement with a board of trustees, which board of trustees shall be constituted so that the number of trustees representing members of the plan is not less than the number of trustees representing participating municipalities or associations of municipalities, or their agents.
Plan and fund administration after execution of trust agreement
410(3) Upon execution of the trust agreement referred to in subsection (2),
(a) the assets of the fund shall vest in the board of trustees;
(b) the board of trustees shall administer the plan and fund in accordance with the trust agreement and The Pension Benefits Act; and
(c) the board shall cease to exist, and the Lieutenant Governor in Council shall have no power to administer, amend, vary or terminate the plan or fund.
410(4) In addition to pension benefits, the board of trustees may provide other benefits for employees, their dependants or their survivors through the same or separate plans or trust funds.
411 All municipalities and their employees participating in the plan shall be bound by the plan and the trust agreement.
412 All contributions of municipalities and employees under the plan must be paid to and deposited in the fund in accordance with the plan and the trust agreement.
413 The board of trustees may extend plan membership to its employees.
414 to 416 Repealed.
PART 14
MISCELLANEOUS
REGULATIONS
417(1) The Lieutenant Governor in Council may make regulations
(a) respecting any matter that the minister considers is not provided for or is not sufficiently provided for in this Act;
(b) restricting the power or duty of a council to pass by-laws.
417(2) A regulation made under subsection (1) may be made retroactive to a date not earlier than the day this Act comes into force.
417(3) A regulation made under subsection (1) is repealed on the earliest of
(a) the coming into force of an amendment that adds the matter to this Act;
(b) the coming into force of a regulation that repeals the regulation made under subsection (1); and
(c) two years after the regulation made under subsection (1) is made.
418(1) The minister may make regulations
(a) for the purpose of subsection 164(5), respecting the maximum amount of money a municipality may transfer in a fiscal year from an accumulated surplus or a reserve fund established for a general purpose to an operating budget or capital budget;
(b) for the purpose of clause 180(1)(d), respecting the maximum amount of money a municipality may lend;
(c) for the purpose of clause 181(2)(g), authorizing investments;
(d) for the purpose of clause 232(2)(e), respecting terms, conditions and fees that may be imposed in respect of licences, permits and approvals and agreements related to licences, permits and approvals;
(e) for the purpose of subclause 236(1)(b)(ii), respecting fines and penalties;
(f) for the purpose of section 262 (municipal records), respecting the retention and disposition of municipal records;
(g) for the purpose of subsection 263(1) (municipal records to be provided on request), respecting municipal records to be kept at municipal offices;
(h) for the purpose of section 308, prescribing limitations on fees set on businesses in lieu of taxes;
(i) for the purpose of clause 343(1)(c), prescribing the annual rate of interest to be paid on excess taxes;
(j) for the purpose of section 344, prescribing limitations on discounts allowed for the prepayment of taxes;
(k) for the purpose of subsection 346(2), prescribing limitations on penalties set in respect of tax arrears;
(l) for the purpose of the definition "costs" in subsection 363(1), respecting administration fees payable to municipalities in respect of tax sales;
(l.1) for the purpose of clause 365(1)(b), establishing the criteria which make a property subject to sale by auction;
(m) for the purpose of clause 391(e), respecting criteria to be considered in determining a standard of care for protective fire services;
(n) respecting the form or content of anything required to be done by a municipality under this Act;
(o) defining words or phrases used in this Act or in a regulation for which no definition is given in this Act;
(p) enlarging or restricting the meaning of a word or expression used in this Act;
(q) respecting any other matter the minister considers necessary or advisable to carry out the intent and purpose of this Act.
Consultation with Municipal Advisory Committee
418(2) Except in circumstances considered by the minister to be an emergency, the minister must in the formulation or review of regulations under this Act provide an opportunity for consultation with, and seek the advice and recommendations of, a committee to be appointed by the minister and to be known as the Municipal Advisory Committee.
Publication is proof of compliance
419 Publication in The Manitoba Gazette of a regulation made under this Act is conclusive proof of compliance with any condition required to make the regulation.
NOTICE
420(1) When this Act requires public notice to be given of a public hearing, the municipality must
(a) publish the notice at least twice in a newspaper or other publication having general circulation in the municipality, during the period starting 40 days before the hearing and ending seven days before it, and the publications being at least six days apart; and
(b) post the notice in the municipal office for at least 14 days in the period described in clause (a).
420(2) A notice of a public hearing under subsection (1) must set out
(a) the date, time and place of the public hearing;
(b) a general description of the matter to be considered;
(c) that the purpose of the hearing is to allow any interested person to make a representation, ask questions or register an objection; and
(d) that any information and documents concerning the matter and the procedures to be followed at the hearing are available for review at the municipal office or other place in the municipality.
420(3) When this Act requires public notice of a matter other than a public hearing, the municipality must
(a) publish the notice at least once in a newspaper or other publication having general circulation in the municipality, at least seven days before any proposed action in respect of the matter is to be taken; and
(b) post the notice in the municipal office for at least 14 days .
Content of other public notices
420(4) A notice under subsection (3) must set out
(a) a general description of the matter;
(b) the nature of any proposed action and when and where the action could be taken; and
(c) that any information and documents about the matter and the procedures to be followed concerning any proposed action are available for review at the municipal office or other place in the municipality.
Certification of public notice
420(5) A certificate of a designated officer certifying that public notice has been given in accordance with this section is prima facie proof of the matters set out in the certificate and is admissible in evidence without proof of the appointment or signature of the person who signed it.
Service of notices and other documents
421(1) Except when this Act provides otherwise, where a notice or other document is required to be given, sent to, or served on a person, service may be effected
(a) by delivering a copy of it personally; or
(b) by sending a copy of it to the person by registered or certified mail or by other type of mail, delivery or facsimile transmission or other type of communication facility, for which confirmation of the notice having been sent may be obtained.
421(2) When a municipality is required to give notice to a person about a public hearing, the notice must set out the same content, and be given at the same time, as public notice is given under subsections 420(1) and (3).
421(3) If for any reason notice cannot be given in accordance with subsection (1), notice may instead be given by posting it in the municipal office for at least 15 days.
Service of documents on a municipality
422 Any person may serve a notice or other document on a municipality
(a) by serving it personally on the chief administrative officer or the head of council; or
(b) by sending it by certified or registered mail to the chief administrative officer at the municipal office.
CERTIFIED COPIES OF MUNICIPAL RECORDS
Admissibility of certified copy in evidence
423(1) A copy of a municipal record certified by a designated officer to be a true copy of the original record is, in the absence of evidence to the contrary, proof of the record.
Admissibility of record in converted form
423(2) A copy of a municipal record that has been converted from one form to another and stored in accordance with the regulations is, in the absence of evidence to the contrary, proof of the record if a designated officer certifies that
(a) the record was converted and stored in accordance with the regulations; and
(b) the copy is a true copy of the record as converted.
423(3) The certificate of a designated officer is admissible in evidence without proof of the appointment or signature of the person who signed the certificate.
423(4) When a municipal by-law or resolution certified in accordance with this section is filed with the clerk of any court, the court must take judicial notice of it when an action is brought in the court.
Deemed change of certain terms
424 In any provision of an Act, regulation or by-law applicable to a municipality, a reference to a term listed in Column 1 of the following Table is deemed to be a reference to the corresponding term listed opposite in Column 2:
| Table | ||
| Column 1 | Column 2 | |
| clerk, municipal clerk, secretary, treasurer, secretary treasurer, or administrative officer | chief administrative officer | |
| mayor or reeve | head of council | |
| inspector, licence inspector | designated officer | |
| chief constable | chief of police |
PART 15
TRANSITIONAL PROVISIONS
425 In this Part,
"former Municipal Act" means The Municipal Act, R.S.M. 1988, c. M225, as amended to the day before this Act comes into force; and (« ancienne loi sur les municipalités »)
"special Act" means the Acts referred to in section 426. (« loi spéciale »)
426 The following Acts are continued to the extent that they are not inconsistent with this Act:
(a) The Brandon Charter, S.M. 1989-90, c. 71;
(b) The Flin Flon Charter, S.M. 1989-90, c. 72;
(c) The Portage la Prairie Charter, S.M. 1989-90, c. 77;
(d) The Thompson Charter, S.M. 1989-90, c. 83.
Towns, villages and cities continued as urban municipalities
427(1) A municipality incorporated or continued as a town or village under the former Municipal Act or as a city under a special Act is continued under this Act as an urban municipality.
Rural municipalities continued as rural municipalities
427(2) A municipality incorporated as a rural municipality under the former Municipal Act is continued under this Act as a rural municipality.
428(1) The local government districts of Churchill, Gillam, Grand Rapids and Lynn Lake are continued under this Act as urban municipalities, each under the name "The Town of [insert name]".
L.G.D.s continued as rural municipalities
428(2) The local government districts of Alexander, Alonsa, Armstrong, Consol, Fisher, Grahamdale, Mountain, Park, Piney, Reynolds and Stuartburn are continued under this Act as rural municipalities, each under the name "The Rural Municipality of [insert name]".
Effect of continuation of municipality or L.G.D
429 A municipality or local government district that is continued as a municipality under this Act is deemed for all purposes to have been formed as a municipality under this Act.
Annexation in process under former Act
430 An application for annexation or amalgamation commenced under section 20 of the former Municipal Act but not completed when this Act comes into force is to continue under the former Municipal Act.
Councils of municipalities continued
431(1) The council of a municipality referred to in section 427 is continued as a council under this Act.
Members continue as if elected under this Act
431(2) Each member of the council of a municipality referred to in section 427 continues to hold office as if elected a member of the council under this Act.
Application of clause 91(d) and subsection 92(7)
431(3) Clause 91(d) (municipal employees who are disqualified) and subsection 92(7) (employee elected as member of council or committee of L.U.D.) do not apply to an employee of a municipality who is a member of the council of the municipality or the committee of a local urban district in the municipality at the time this Act comes into force until the employee ceases to be a member of the council or committee.
Elected committees and councils of L.G.D.s continued
432(1) An elected committee or council of a local government district referred to in section 428 is continued as a council under this Act.
Members of committees and councils continued
432(2) Each member of a committee or council continued under subsection (1) continues to hold office as if elected a member of the council under this Act.
Resident administrator of L.G.D.
433 The resident administrator of a local government district continued as a municipality under section 428 is deemed to have been appointed as the chief administrative officer of the municipality under this Act.
Continuation of unincorporated village districts
434(1) An unincorporated village district formed under the former Municipal Act is continued under this Act as a local urban district.
Continuation of unincorporated urban districts
434(2) An unincorporated urban district formed under The Local Government Districts Act is continued under this Act as a local urban district.
Committees of U.V.D.s and U.U.D.s continued
434(3) The committee of an unincorporated village district referred to in subsection (1) or an unincorporated urban district referred to in subsection (2) is continued as the committee of a local urban district and, until the first general election following the coming into force of this section, consists of
(a) those persons who were members of the committee of the unincorporated village district or the unincorporated urban district immediately before the coming into force of this subsection; and
(b) a councillor appointed by the council of the municipality in accordance with section 112.
Members of committees continued
434(4) Each member of a committee referred to in clause (2)(a) continues to hold office as if elected a member of the committee under this Act.
Effect of continuation of U.V.D.s and U.U.D.s
434(5) An unincorporated village district or unincorporated urban district that is continued as a local urban district under this Act is deemed for all purposes to have been formed as a local urban district under this Act.
By-elections before first general election
434(6) Despite anything in this Act, when the office of a member of a committee referred to in subsection (4) (in this subsection referred to as a "member who holds office as if elected") becomes vacant before the first general election following the coming into force of this section, a by-election is not required if
(a) the committee has remaining at least two members who hold office as if elected; and
(b) a majority of the members then on the committee request, not later than 30 days after the vacancy occurs, that council not hold a by-election.
By-laws, resolutions, appointments and other decisions
435(1) A by-law or resolution passed by a council or an appointment or other decision made by or in respect of a municipality under the former Municipal Act or a special Act, or under a provision of another Act amended or repealed by this Act, continues with the same effect as if it had been passed or made under this Act.
Organizational by-law and procedures by-law
435(2) The council of each municipality must pass an organizational by-law and a procedures by-law in accordance with sections 148 (organizational by-law) and 149 (procedures by-law) within six months after the coming into force of this Act.
Licences, permits, approvals and authorizations
436 Licences, permits, approvals and authorizations issued under by-laws or resolutions made under the former Municipal Act or a special Act, or under a provision of another Act amended or repealed by this Act, continue as if they had been issued or made or under this Act.
437 The agreements and contracts of a municipality under the former Municipal Act or a special Act, or under a provision of another Act amended or repealed by this Act, that are in force immediately before the coming into force of this Act are continued as if they were made under this Act, subject to any provision of this Act that affects them.
438 Repealed.
Funds and reserves under former Act
439 Where money has been paid into or required to be kept in a particular fund or a reserve fund under the former Municipal Act, the fund is continued and must be administered in accordance with this Act.
440 Nothing in this Act affects a borrowing made under the former Municipal Act or a special Act.
Continuation of tax and penalty
441 A tax and a penalty in respect of a tax imposed before the coming into force of this Act continues with the same effect as if imposed under this Act.
442 A tax roll and a tax notice prepared before the coming into force of this Act continue with the same effect as if prepared under this Act.
443 Where land within a municipality is sold for taxes before the coming into force of this Act, the provisions of the former Municipal Act respecting the rights, powers and obligations of the municipality, the tax purchaser and the person who owned the land before the sale continue to apply in respect of the land until the period for the redemption of the land provided for under that Act has expired.
Application of former Municipal Act to City of Winnipeg
444 Despite the repeal of the former Municipal Act, the provisions of that Act continue to apply to The City of Winnipeg to the extent that the former Act is made applicable to The City of Winnipeg by that Act or The City of Winnipeg Charter, but subject to the provisions of this Act that are expressly stated to apply to The City of Winnipeg.
445 The Lieutenant Governor in Council may make regulations
(a) respecting the transition or conversion to this Act of anything from the former Municipal Act, a special Act or any other Act amended by this Act; and
(b) to deal with any difficulty or impossibility resulting from this Act or the transition to this Act from the former Municipal Act, a special Act or any other Act amended by this Act.
NOTE: These sections contained consequential amendments to other Acts, which amendments are now included in those Acts.
PART 17
REPEAL, C.C.S.M. REFERENCE, COMING INTO FORCE
478 The Municipal Act, R.S.M. 1988, c. M225, is repealed.
479 This Act may be cited as The Municipal Act and referred to as chapter M225 of the Continuing Consolidation of the Statutes of Manitoba.
480 This Act comes into force on a day fixed by proclamation.
NOTE: S.M. 1996, c. 58 was proclaimed in force January 1, 1997.
| Sections: 1 - 124 | 125 - 249 | 250 - 381 | 382 - 480 |
