C.C.S.M. c. M225
| |
|
| PART 1
|
| DEFINITIONS AND MUNICIPAL PURPOSES
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| DEFINITIONS
|
| 1
| (1)
| Definitions
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|
| (2)
| Meaning of "must" and "shall"
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|
| (3)
| References to population
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|
| (4)
| Registered common-law relationship
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| 2
|
| Indian Reserves excluded
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| MUNICIPAL PURPOSES
|
| 3
|
| Municipal purposes
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| PART 2
|
| FORMATION, FUNDAMENTAL CHANGES AND DISSOLUTION
|
| DIVISION 1
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| TYPES OF MUNICIPALITIES
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| 4
| (1)
| Types of municipalities that may be formed
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|
| (2)
| Urban municipality
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|
| (3)
| Rural municipality
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|
| (4)
| Exception for amalgamation of municipalities
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|
| (5)
| Municipality in remote area
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| DIVISION 2
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| MUNICIPALITIES OUTSIDE THE BOUNDARIES OF WINNIPEG
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| SUBDIVISION 1
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| GENERAL
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| 5
| (1)
| Definitions
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|
| (2)
| Application of Division to Winnipeg and to land in Winnipeg
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| 6
| (1)
| Application of Division to unorganized territory
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|
| (2)
| Formation and annexation proposals
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|
| (3)
| Minister of Aboriginal and Northern Affairs as a municipality
|
| 7
|
| Regulations by minister
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| 8
| (1)
| Joint proposal to annex non-contiguous land
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|
| (2)
| Only one proposal or application permitted
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| SUBDIVISION 2
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| FORMATION AND DISSOLUTION
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| 9
|
| Application
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| PROPOSALS
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| 10
| (1)
| Proponents
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|
| (2)
| Formation proposal for Northern Manitoba
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|
| (3)
| Initiating a proposal
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|
| (4)
| Proposal by voters
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| 11
| (1)
| Sufficiency of petition
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|
| (2)
| Information about each petitioner
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|
| (3)
| Manner of witnessing signature on a petition
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|
| (4)
| Number of petitioners required
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|
| (5)
| Counting the number of petitioners
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|
| (6)
| Representative of petitioners
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|
| (7)
| Filing of petition
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|
| (8)
| Secretary to determine sufficiency of petition
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|
| (9)
| Process where petition is not sufficient
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|
| (10)
| Re-filing of petition
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|
| (11)
| No change in petition after filing or re-filing
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| 12
|
| Content of proposal
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| 13
| (1)
| Notice when minister is proponent
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|
| (2)
| Notice when council is proponent
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|
| (3)
| Notice when voters are proponents
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| REPORT BY PROPONENT
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| 14
| (1)
| Application of section
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|
| (2)
| Negotiations and consultations
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|
| (3)
| Report on negotiations and consultations
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|
| (4)
| Report to Municipal Board
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| 15
|
| Consultations and report when no negotiations
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| 16
| (1)
| Notice and public availability of report
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|
| (2)
| Response when report inaccurate
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|
| (3)
| Giving copies of response
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| 17
|
| When report or consultation insufficient
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| 18
|
| Notice when report not to be considered
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| CONSIDERATION BY MUNICIPAL BOARD
|
| 19
|
| Report to be application
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| 20
| (1)
| Procedure on general agreement
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|
| (2)
| When no objection
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| 21
| (1)
| When hearing required
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|
| (2)
| When hearing may be held
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| 22
| (1)
| Notice and conduct of hearing
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|
| (2)
| Notice of hearing
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| 23
| (1)
| Duties and powers in making decision
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|
| (2)
| Failure to conduct study
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|
| (3)
| Vote held by municipality
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|
| (4)
| Vote held by minister
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|
| (5)
| Regulations Act does not apply
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| REPORT OF MUNICIPAL BOARD
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| 24
| (1)
| Report by Municipal Board
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|
| (2)
| Content of report
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|
| (3)
| Notice of report
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|
| (4)
| Availability of report
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|
| (5)
| Copy of report to be provided on payment of fee
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|
| (6)
| Fee
|
| 25
|
| Referral of report by minister
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| 26
|
| Reference to Municipal Board
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| 27
|
| Notice when no regulation is made
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| 28
|
| No further proposals for one year
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| FORMATION AND DISSOLUTION REGULATIONS
|
| 29
|
| Validity of formation or dissolution regulation
|
| 30
| (1)
| Formation regulation
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|
| (2)
| Requirements of regulation
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|
| (3)
| Limitation on naming cities
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|
| (4)
| Additional regulation-making powers
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|
| (5)
| Repeal of regulation under clause (2)(e) or (4)(a)
|
| 31
| (1)
| Dissolution regulation
|
|
| (2)
| Requirements of regulation
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| SUBDIVISION 3
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| PROCEDURE FOR CHANGE OF NAME
|
| 32
|
| Change of name regulation
|
| 33
| (1)
| Effect of name change
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|
| (2)
| Use of former name
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| SUBDIVISION 4
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| AMALGAMATION AND ANNEXATION PROPOSALS
|
| 34
| (1)
| Proponents
|
|
| (2)
| Initiating a proposal
|
| 35
|
| Content of proposal
|
| 36
| (1)
| Notice when minister is proponent
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|
| (2)
| Notice when council is proponent
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| REPORT BY PROPONENT
|
| 37
| (1)
| Negotiations and consultations
|
|
| (2)
| Report on negotiations and consultations
|
|
| (3)
| Report to Municipal Board
|
| 38
|
| Application of sections 16 to 22
|
| 39
| (1)
| Duties and powers in making decision
|
|
| (2)
| Failure to conduct study
|
|
| (3)
| Vote held by municipality
|
|
| (4)
| Vote held by minister
|
|
| (5)
| Regulations Act does not apply
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| REPORT OF MUNICIPAL BOARD
|
| 40
| (1)
| Report of Municipal Board
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|
| (2)
| Content of report
|
|
| (3)
| Notice of report
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|
| (4)
| Availability of report
|
|
| (5)
| Copy of report to be provided on payment of fee
|
|
| (6)
| Fee
|
| 41
|
| Referral of report by minister
|
| 42
|
| Reference to Municipal Board
|
| 43
|
| Notice when no regulation is made
|
| 44
|
| No further proposals for one year
|
| AMALGAMATION AND ANNEXATION REGULATIONS
|
| 45
|
| Validity of amalgamation or annexation regulation
|
| 46
| (1)
| Amalgamation regulation
|
|
| (2)
| Requirements of regulation
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|
| (3)
| Amalgamation within three months after election
|
| 47
|
| Annexation regulation
|
| 48
|
| Minor annexation
|
| 49
|
| Requirements of annexation regulation
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| SUBDIVISION 5
|
| GENERAL PROVISIONS RELATING TO REGULATIONS
|
| 50
| (1)
| Effect of certain regulations
|
|
| (2)
| When public reserve sold
|
|
| (3)
| Use of proceeds or money
|
|
| (4)
| Powers of minister
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| 51
|
| Power to transfer land and other property
|
| 52
| (1)
| Additional matters under certain regulations
|
|
| (2)
| Extent of regulation-making under subsection (1)
|
|
| (3)
| Amendment or repeal of regulation
|
| 53
| (1)
| Retroactivity and coming into force
|
|
| (2)
| Limit on retroactivity
|
|
| (3)
| Correction of errors in regulations
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| DIVISION 3
|
| LOCAL URBAN DISTRICTS: FORMATION, FUNDAMENTAL CHANGES AND DISSOLUTION
|
| 54
|
| Interpretation of sufficient petition
|
| 55
|
| Repealed
|
| 56
|
| Requirements to form local urban district
|
| 57
| (1)
| Initiating a petition
|
|
| (2)
| Content of petition
|
| 58
|
| Direct negotiations
|
| 59
|
| Procedure on agreement
|
| 60
| (1)
| Procedure when no agreement
|
|
| (2)
| Municipal Board
|
| 61
|
| Referral of request or recommendation to L.G. in C.
|
| 62
|
| Notice when no regulation is made
|
| 63
|
| Validity of regulation
|
| 64
| (1)
| Formation regulation
|
|
| (2)
| Requirements of regulation
|
| 65
| (1)
| Initiating amendment
|
|
| (2)
| Amending formation regulation
|
|
| (3)
| Amendment of boundaries only once a year
|
| 66
| (1)
| Initiating a dissolution of local urban district
|
|
| (2)
| Referral of petition to minister
|
|
| (3)
| Referral of petition or request to L.G. in C.
|
| 67
| (1)
| Dissolution regulation
|
|
| (2)
| Limitation on forming local urban district again
|
| 68
|
| Notice when no regulation made
|
| 69
|
| Transitional and other matters
|
| DIVISION 4
|
| FORMATION OF RURAL MUNICIPALITIES AND ANNEXATION OF LAND FROM THE CITY OF WINNIPEG
|
| 70
|
| Application of Division
|
| 71
|
| Study required before making regulation
|
| 72
|
| Boundary alteration referred to Municipal Board
|
| 73
| (1)
| Vote may be held
|
|
| (2)
| Application of The Municipal Councils and School Boards Elections Act
|
|
| (3)
| Regulations Act does not apply
|
| 74
| (1)
| Application of Division 2 to formation regulations
|
|
| (2)
| Interpretation
|
| 75
| (1)
| Initiating an annexation
|
|
| (2)
| Annexation regulation
|
|
| (3)
| Application of Division 2 to annexation regulations
|
|
| (4)
| Interpretation
|
| 76
|
| Minor annexation
|
| PART 3
|
| COUNCILS
|
| DIVISION 1
|
| GENERAL
|
| 77
| (1)
| Council is governing body
|
|
| (2)
| Council is continuing body
|
| 78
|
| Composition
|
| 79
| (1)
| Number of councillors
|
|
| (2)
| By-law applying to next general election
|
|
| (3)
| By-law applying after next general election
|
|
| (4)
| Public notice required
|
| 80
|
| Titles of councillors and head of council
|
| 81
| (1)
| Youth member
|
|
| (2)
| Qualification
|
|
| (3)
| Youth member not counted for quorum or vote
|
| 82
|
| Council's role
|
| 83
| (1)
| General duties of members
|
|
| (2)
| Duties of the head of council
|
| 84
|
| Member may discuss confidential matter with C.A.O.
|
| 85
| (1)
| Matters that a council may delegate
|
|
| (2)
| Matters that a council may not delegate
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| DIVISION 2
|
| ELECTIONS
|
| DATE OF ELECTIONS
|
| 86
| (1)
| General election of council every four years
|
|
| (2)
| Repealed
|
|
| (3)
| General election in Dunnottar, Victoria Beach and Winnipeg Beach
|
| WARDS
|
| 87
| (1)
| Election by whole municipality or by wards
|
|
| (2)
| By-law for election by wards
|
|
| (3)
| By-law effective for next general election
|
|
| (4)
| Public notice required
|
|
| (5)
| Content of by-law
|
| 88
|
| Criteria for division into wards
|
| 89
| (1)
| Review by Municipal Board
|
|
| (2)
| Hearing
|
|
| (3)
| Power on review
|
| ELIGIBILITY FOR NOMINATION AND ELECTION
|
| 90
| (1)
| Eligibility for nomination and election
|
|
| (2)
| Application to Flin Flon
|
| 91
|
| Persons who are disqualified
|
| RIGHTS OF EMPLOYEES IN ELECTIONS
|
| 92
| (1)
| Definition
|
|
| (2)
|
|
|
| (3)
| Exception of chief administrative officer
|
|
| (4)
| Leave of absence for municipal election
|
|
| (5)
| Candidacy in other elections
|
|
| (6)
|
|
|
| (7)
| Election as member of council or committee of L.U.D.
|
|
| (8)
|
|
|
| (9)
| Reinstatement of defeated candidate
|
|
| (10)
| Reinstatement of elected candidate
|
|
| (11)
|
|
|
| (12)
| Other benefits
|
| 93
|
| Repealed
|
| CAMPAIGN FINANCING
|
| 93.1
| (1)
| Definitions
|
|
| (2)
| Value of non-monetary contribution
|
| 93.2
|
| By-law on expenses and contributions
|
| 93.3
| (1)
| Registration of prospective candidates
|
|
| (2)
| Information that must be provided
|
|
| (3)
| Report of change in information
|
| 93.4
|
| No contribution, expenses or borrowing until registered
|
| 93.5
|
| Registered candidate entitled to copy of voters list
|
| 93.6
| (1)
| Only individual residents may contribute
|
|
| (2)
| Application to Flin Flon
|
|
| (3)
| Limit on contributions by individuals
|
|
| (4)
| Prohibited contributions not to be accepted
|
|
| (5)
| Return of contribution
|
| 93.7
| (1)
| Candidate's personal contributions
|
|
| (2)
| Limit applies to contributions of candidate
|
| 93.8
|
| Anonymous contributions
|
| 93.9
| (1)
| Loans only from financial institutions
|
|
| (2)
| Prohibition making loan
|
|
| (3)
| Loans to registered candidates
|
|
| (4)
| Loan must be paid into campaign account
|
|
| (5)
| Loan payments must be made from campaign account
|
|
| (6)
| Loan payments made in different manner
|
| 93.10
|
| No loans from registered candidates to others
|
| 93.11
|
| Duties of registered candidate
|
| 93.12
| (1)
| Candidate to file election finance statement
|
|
| (2)
| Further statement
|
| 93.13
| (1)
| Audit may be required
|
|
| (2)
| Qualifications of auditor
|
|
| (3)
| Appointment of auditor
|
|
| (4)
| Audit expenses are not campaign expense
|
|
| (5)
| Effective date of by-law
|
| 93.14
|
| Claims for campaign expenses
|
| 93.15
| (1)
| Surplus payable to municipality
|
|
| (2)
| Release of surplus
|
| 93.16
| (1)
| Failure by elected candidate to file statement
|
|
| (2)
| Forfeiture of seat
|
|
| (3)
| Failure of other registered candidates to file
|
| 93.17
| (1)
| By-law establishing tax credits and rebates for contributions
|
|
| (2)
| Contents of by-law
|
| 93.18
| (1)
| By-law establishing reimbursement of campaign expenses
|
|
| (2)
| Contents of by-law
|
| 93.19
| (1)
| Offence and penalty
|
|
| (2)
| Time limits on prosecution
|
| DISQUALIFICATION OF MEMBERS
|
| 94
| (1)
| When member becomes disqualified
|
|
| (2)
| Eligibility at next election
|
|
| (3)
| Eligibility after disqualification under Conflict of Interest Act
|
| 95
| (1)
| Disqualified person must resign
|
|
| (2)
| Application to court
|
|
| (3)
| How application made
|
|
| (4)
| Who may apply
|
|
| (5)
| When application may be made
|
|
| (6)
| Powers of court on application
|
| 96
| (1)
| Appeal
|
|
| (2)
| No stay
|
|
| (3)
| Reinstatement
|
|
| (4)
| No reinstatement if term has expired
|
| 97
|
| Reimbursement of costs and expenses
|
| 98
|
| Repealed
|
| TERM OF OFFICE, FIRST COUNCIL MEETING, OATH OF OFFICE
|
| 99
| (1)
| Term of office after general election
|
|
| (2)
| Powers of outgoing council after election day
|
| 100
|
| First meeting of new council after election
|
| 101
| (1)
| Oath of office
|
|
| (2)
| Failure to comply
|
| VACANCIES AND BY-ELECTIONS
|
| 102
| (1)
| Vacancy in councillor position after general election
|
|
| (2)
| Vacancy in head of council position after general election
|
|
| (3)
| Vacancy after by-election
|
|
| (4)
| Section does not apply in case of a tie or death
|
| 103
|
| Appointment of administrator if no council or quorum
|
| 104
| (1)
| Resignation of member
|
|
| (2)
| Effective day of resignation
|
|
| (3)
| Repealed
|
|
| (4)
| C.A.O. to report resignation to council
|
| 105
| (1)
| By-election to fill vacancy on council
|
|
| (2)
| Appointment of head of council by councillors
|
|
| (3)
| By-election to be held on request of council
|
| TERM OF OFFICE
|
| 106
| (1)
| Term of office of appointed member
|
|
| (2)
| Term of office of member elected at by-election
|
|
| (3)
| Appointed, elected person to file oath of office
|
| DIVISION 3
|
| COUNCIL COMMITTEES
|
| 107
| (1)
| Composition of council committees
|
|
| (2)
| Head of council is member of all committees
|
| 108
|
| When committee resolution binds council
|
| 109
| (1)
| Application of council provisions to committees
|
|
| (2)
| Council may exempt employee committee
|
| DIVISION 4
|
| CONFLICT OF INTEREST
|
| 110
| (1)
| Application of Conflict of Interest Act to member of L.U.D. committee
|
|
| (2)
| Application of Conflict of Interest Act to member of committee other than L.U.D. committee
|
|
| (3)
| Interpretation of subsection (2)
|
| 111
|
| Eligibility of elected member of L.U.D. committee after disqualification
|
| DIVISION 5
|
| LOCAL URBAN DISTRICTS
|
| 112
| (1)
| Status and membership of committee
|
|
| (2)
| Repealed
|
|
| (3)
| Councillor when municipality has wards
|
| 113
| (1)
| District to vote in election of committee members
|
|
| (2)
| Provisions applicable to election
|
|
| (3)
| Appointment when no quorum
|
|
| (4)
| Person eligible for only one office
|
|
| (5)
| Municipal Councils and School Boards Elections Act applies
|
| 114
| (1)
| Committee of L.U.D. to pass procedures resolution
|
|
| (2)
| Committee bound by procedures resolution
|
|
| (3)
| Application of procedures by-law
|
| 115
|
| Duties of committee members
|
| 116
| (1)
| Compensation and expenses of committee members
|
|
| (2)
| Interpretation of compensation provisions
|
|
| (3)
| Limit on compensation and expenses
|
|
| (4)
| Compensation and expenses of appointed councillor
|
| 117
| (1)
| Responsibilities of committee
|
|
| (2)
| Restriction on delegation
|
| 118
| (1)
| Definition
|
|
| (2)
| Content of service plan
|
| 119
| (1)
| Application of Part 6, Division 1
|
|
| (2)
| Consultation with council
|
|
| (3)
| Reserve fund
|
|
| (4)
| Administration of fund
|
| 120
| (1)
| Duties of council
|
|
| (2)
| When tax revenue insufficient
|
|
| (3)
| Excess tax revenue
|
| 121
|
| Prohibition re taxes
|
| 122
|
| Resolution of disputes by Municipal Board
|
| 123
|
| Repealed
|
| DIVISION 6
|
| COMPENSATION
|
| 124
| (1)
| Definitions
|
|
| (2)
| Council may set compensation and expenses
|
|
| (3)
| Member may accept payment
|
|
| (4)
| Financial statements to show payments to members
|
| PART 4
|
| CHIEF ADMINISTRATIVE OFFICER, DESIGNATED OFFICERS AND CODE OF CONDUCT FOR EMPLOYEES
|
| 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
|
| EMPLOYEE CODE OF CONDUCT
|
| 131.1
| (1)
| Employee code of conduct
|
|
| (2)
| Content: conflict of interest rules
|
| 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
|
| DIVISION 1
|
| 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
|
| RECEIVERSHIP
|
| 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)
|
| 233.1
| (1)
| Content of by-laws under clause 232(1)(c.1)
|
|
| (2)
| Restriction
|
| 233.2
| (1)
| Content of by-laws under clause 232(1)(c.2)
|
|
| (2)
| Application of Condominium Act definitions
|
|
| (3)
| Content of by-law
|
|
| (4)
| Additional content
|
|
| (5)
| Considerations
|
| 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
|
| 247.1
| (1)
| Definitions
|
|
| (2)
| Interpretation: evidence property is derelict
|
| 247.2
| (1)
| By-law re derelict building orders, second notices and certificates
|
|
| (2)
| Public hearing required
|
|
| (3)
| Content of by-law
|
| 247.3
| (1)
| Issuing preliminary derelict building orders
|
|
| (2)
| Preliminary order must be registered and served
|
|
| (3)
| Exception re service
|
| 247.4
| (1)
| Second notice of preliminary order
|
|
| (2)
| Content of second notice
|
|
| (3)
| Registration and service of second notice
|
|
| (4)
| Exception re service
|
| 247.5
| (1)
| District registrar to register order or notice
|
|
| (2)
| Subsequent purchasers are deemed served
|
|
| (3)
| Change in ownership does not affect process
|
| 247.6
| (1)
| Substitutional service
|
|
| (2)
| Compliance with order for substitutional service
|
|
| (3)
| Substitutional service orders may be made at the same time
|
| 247.7
| (1)
| Application for derelict building certificate
|
|
| (2)
| Issuance of derelict building certificate
|
| 247.8
| (1)
| Registration of certificate and application for title
|
|
| (2)
| Content of application
|
|
| (3)
| How application to be treated
|
|
| (4)
| Deemed notice etc.
|
|
| (5)
| Deadline for application
|
| 247.9
|
| No claim in respect of property
|
| 247.10
| (1)
| Issue of title
|
|
| (2)
| Court application operates as stay
|
|
| (3)
| Validity of title
|
| 247.11
| (1)
| District registrar not obliged to inquire
|
|
| (2)
| No action against district registrar
|
| 247.12
| (1)
| Application to set aside derelict building certificate
|
|
| (2)
| Setting aside derelict building certificate
|
| 247.13
| (1)
| Discharge of orders and certificates by municipality
|
|
| (2)
| Process must recommence
|
| 248
|
| Application to court to enforce by-law
|
| 249
| (1)
| Contravention of by-law is an offence
|
|
| (2)
| Continuing offence
|
|
| (3)
| Disposition of fines
|
| 249.1
|
| Proof of boarding up
|
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