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S.M. 2002, c. 39
The City of Winnipeg Charter
| Table of Contents |
| Sections: 1 - 127 | 128 - 282 | 283 - 450 | 451 - 539 |
PART 5
POWERS OF THE CITY
DIVISION 1
SPHERES OF JURISDICTION
Spheres of authority not mutually exclusive
128 If authority is granted to council under a provision of this Act to pass by-laws in respect of any matter, that authority shall not be construed to reduce or limit authority granted under any other provision of this Act
(a) to pass by-laws in respect of the same or a related matter; or
(b) to deal with the same or a related matter in a manner other than by by-law.
PUBLIC CONVENIENCE
129 Council may pass by-laws respecting
(a) subject to section 130, activities and things on private property;
(b) the naming of streets and buildings, the numbering of buildings and lots and the requirement to post names on public or private property and to affix numbers on buildings;
(c) property adjacent to streets, whether the property is publicly or privately owned;
(d) the operation of off-road vehicles on public or private property;
(e) the sale, display, offering for sale or use of fire balls, crackers and fireworks;
(f) the sale, display or offering for sale, possession or transportation of firearms and other guns — other than firearms or guns the sale, possession or transportation of which is controlled or regulated under an Act of Parliament — and the use of firearms and other guns;
(g) the sale, display, offering for sale or use of bows and arrows, slings and similar devices; and
(h) wild and domesticated animals and birds, and activities in relation to them.
Activities and things on private property
130 A by-law authorized by clause 129(a) (activities on private property) may only contain provisions respecting
(a) activities and things that in the opinion of council are or may become a nuisance or a detriment to persons or property, including noise, weeds, and activities and things that may cause fumes, odour or vibrations;
(b) unsightly buildings and premises;
(c) buildings and premises which, because of their condition or appearance, may substantially depreciate the value of other land and buildings in the vicinity;
(d) requirements for providing fences around, and for preventing entry onto or into, vacant property; and
(e) the storing of vehicles, including the number and type of vehicles that may be kept or stored and the manner of parking and storing them.
131 Without limiting the generality of clause 129(c) (property adjacent to streets), a by-law authorized under that clause may include provisions
(a) respecting signs, survey monuments, landscaping and setbacks and, in respect of those matters, the provisions may relate to
(i) the growing, control and removal of trees, shrubs, grass and weeds, and
(ii) the construction of buildings, including the construction, repair and removal of fences and snow fences;
(b) respecting the control and removal of snow, ice, litter and other accumulations; and
(c) requiring owners or occupants of adjoining land to remove snow and ice from sidewalks.
132 Without limiting the generality of clause 129(h) (animals and birds), a by-law authorized under that clause may include provisions
(a) that differentiate on the basis of sex, breed, size or weight of animals or birds;
(b) respecting the keeping or harbouring of animals or birds;
(c) respecting the running at large of animals; and
(d) respecting the impoundment and destruction of animals causing damage, running at large or suffering from disease.
133 Council may by by-law require the proprietors of businesses that sell food or drinks in containers or papers to collect and dispose of any containers and papers discarded on the premises, or on adjoining public or private land within a distance of the business prescribed in the by-law.
HEALTH, SAFETY AND WELL-BEING
134(1) Council may pass by-laws respecting
(a) health hazards;
(b) the protection, safety, health and well-being of people; and
(c) the protection and safety of property.
134(2) Without limiting the generality of subsection (1), a by-law authorized under that subsection may include provisions respecting
(a) the sale, use, consumption, possession or disposal of substances that may constitute a health hazard;
(b) the source, use, treatment and quality of water intended for drinking or domestic purposes;
(c) the occupation, use, condemnation or demolition of any building or land that is reported to be a health hazard by the medical officer of health; and
(d) the control of insects, plant diseases and pests.
By-laws inconsistent with Public Health Act
134(3) Council may pass by-laws providing procedures to be followed in respect of orders issued by a medical officer of health under The Public Health Act relating to premises within the city. If there is an inconsistency or a conflict between sections 17 to 22 of The Public Health Act and a provision of this Act or a by-law made under this section, the provision of this Act or the by-law, as the case may be, prevails.
ACTIVITIES IN PUBLIC PLACES
135(1) Council may pass by-laws respecting people, activities and things in, on or near public places or places open to the public.
Meaning of "public places" etc.
135(2) In this section, "public places and places open to the public" includes, without limiting the generality of that expression, parks, community clubs, recreation and leisure facilities, private clubs, streets, restaurants, stores, shopping and business malls, theatres and public facilities of all kinds.
STREETS
136 Subject to this and any other Act, the city has the control and management of streets within the city.
Possession and control vests in city
137 Where the city has the direction, control and management of a street and title to the land on which the street is situated is vested in the Crown, the title remains so vested but the possession and control of the street is vested in the city.
138 The city is the traffic authority under The Highway Traffic Act in respect of streets of which it has direction, control and management and, in respect of those streets, it has all the powers granted to, or enjoyed by, and the duties charged on, a traffic authority under that Act.
139 Council may pass by-laws respecting streets and the parking of vehicles in the city, including, without limiting the generality of the foregoing, by-laws respecting
(a) the surveying, settling and marking of boundary lines of streets;
(b) the opening and, subject to section 140, the closing of streets;
(c) subject to section 141, determining what persons, if any, will be considered to be injuriously affected by the closing of a street;
(d) subject to section 143, the designation of a street or a portion of a street as a limited access street;
(e) the process for determining and designating temporary street closings and detours;
(f) private works in streets;
(g) the installation and use of parking meters;
(h) agreements for the installation of parking meters on private land and the enforcement of by-laws respecting parking under such agreements;
(i) traffic on streets;
(j) the maintenance of boulevards;
(k) the distance from a street boundary within which a building shall not be constructed; and
(l) fixing an administration fee for the purposes of subclause 23.3(8)(b)(i) (expenses in respect of lien) of The Summary Convictions Act.
140(1) Council shall not, under the authority of clause 139(b), pass a by-law closing a street unless
(a) at least 14 days before passing the by-law, the city posts in 6 of the most prominent locations in the neighbourhood of the street a notice of the proposed closing indicating where and when
(i) any objections to the proposed closing must be filed, and
(ii) a designated committee of council will consider any objections;
(b) any person who filed an objection in accordance with the notice posted under clause (a) has been given an opportunity to appear before the designated committee of council, at a time and place set out in the notice, to present his or her objection, and the committee has forwarded its report and recommendations in respect of the objections, to council; and
(c) in respect of each parcel of land to which access is provided by the street, either
(i) the city provides another convenient means of access to the parcel, or
(ii) subject to section 141, the owner and occupant of the parcel elect in writing to be compensated for the loss of access instead of having the city provide another means of access.
140(2) If a by-law combines the closing of a street with the determination of persons considered to be injuriously affected by the closing, the notice required under clause (1)(a) in respect of the closing may be combined with the notice required under subsection 141(1).
Determining persons injuriously affected
141(1) Council must not, under the authority of clause 139(c), pass a by-law determining what persons are injuriously affected by the closing of a street unless
(a) at least 14 days before passing the by-law, the city posts in six of the most prominent locations in the neighbourhood of the street a notice of the proposed by-law indicating the persons or classes of persons who will be considered to be so affected; and
(b) when the by-law is passed, no persons or classes of persons other than those mentioned in the notice are entitled to compensation in respect of the closing, unless the determination is amended on appeal as provided in this section.
141(2) A person who is dissatisfied with a determination made in a by-law referred to in subsection (1) may, within 14 days after passage of the by-law, appeal the by-law by applying to the Court of Queen's Bench and providing the court with
(a) a certified copy of the by-law;
(b) an affidavit showing the person's interest in the by-law; and
(c) proof of service of the application on the city.
141(3) On hearing an application under subsection (2) from a by-law, the court may change, add to or reduce the number of persons or classes of persons determined by the by-law to be injuriously affected or may dismiss the application, and the decision of the judge is final and conclusive.
142(1) When a street is closed by a by-law passed under clause 139(b), the land previously occupied by the street
(a) may be dealt with in the same way as other land owned by the city; and
(b) if the land is conveyed by the city to an owner of adjoining land, upon being consolidated with the adjoining land, it becomes subject to any valid and subsisting mortgage, encumbrance, lien, or charge to which that adjoining land is subject.
Application — streets closed under former Acts
142(2) Clause (1)(b) also applies to land previously occupied by a street that was closed by a by-law under
(a) The City of Winnipeg Act, S.M. 1989-90, c. 10;
(b) The City of Winnipeg Act, S.M. 1971, c. 105; or
(c) any other Act referred to in subsection 662(1) of The City of Winnipeg Act, S.M. 1971, c. 105, that applied to a portion of the city.
Designation of limited access street
143(1) A by-law authorized under clause 139(d) that designates a street or a portion of a street as a limited access street may prohibit anyone from constructing, using or allowing the use of any private road, entrance way or gate that opens onto, connects with or provides access to the street or portion except under the authority of and in accordance with the by-law.
Compensation for closing entrances
143(2) Where a by-law authorized under clause 139(d) designates a street as a limited access street and the owner and occupant of land are required to close a private road, entrance way or gate that opens onto, is connected with or provides access to the street, the owner and occupant of the land are entitled to receive compensation from the city for the closure.
144 Where the city and an owner or occupant of land cannot agree on the amount of compensation to be paid under subclause 140(1)(c)(ii) or subsection 143(2), the compensation shall be determined as provided in The Expropriation Act.
145 Without limiting the generality of clause 139(f) (private works in streets), a by-law authorized under that clause may include provisions respecting the type and construction of private works in streets.
Designated parking spaces for disabled
146(1) Without limiting the generality of section 139, a by-law authorized under that clause may include provisions requiring owners and operators of parking facilities to which the public has access, whether on payment of a fee or otherwise, to provide designated parking spaces for the use of vehicles displaying, in accordance with The Highway Traffic Act and regulations made under that Act, physically disabled persons' parking permits issued under section 124.3 of that Act, and prohibiting the use of such spaces by other vehicles, and
(a) specifying the dimensions and locations of such designated parking spaces and the number of such spaces to be provided in each parking facility, and the number of such spaces may be based on a proportion of the total number of parking spaces in the parking facility; and
(b) specifying the requirements for the design, dimensions and location of signs or traffic control devices to identify such parking spaces.
146(2) Council must pass a by-law making it an offence for a person to stop, stand or park a motor vehicle
(a) in a designated parking space; or
(b) in a way that makes a designated parking space inaccessible;
unless a permit is displayed in the vehicle and is used in accordance with The Highway Traffic Act and regulations made under that Act.
146(3) A by-law passed under subsection (2) must establish as a minimum penalty for an offence under the by-law a fine that is equal to or greater than the maximum fine for any other parking violation under a by-law.
147 Without limiting the generality of clause 139(j) (boulevard maintenance), a by-law authorized under that clause may include provisions
(a) requiring owners or occupants of land to maintain boulevards that abut the land; and
(b) designating boulevards or portions of boulevards that benefit the city at large and for the maintenance of which the city is responsible.
ACTIVITIES OF BUSINESSES
148 Council may, in the interest of the health, safety, welfare and protection of persons, or in the interest of preventing or minimizing nuisances, pass by-laws in respect of the following matters:
(a) businesses;
(b) the carrying on of businesses;
(c) persons carrying on businesses;
(d) premises in which businesses are carried on.
149(1) A by-law passed under the authority of section 148 may include provisions
(a) prohibiting businesses from dealing with minors or individuals under a specified age or from admitting minors or individuals under a specified age to premises in which the business is carried on;
(b) respecting standards and requirements for businesses in respect of the exhibiting, selling, offering for sale, providing and offering to provide goods, services and other activities;
(c) respecting requirements for certain classes of businesses
(i) to keep, and produce in prescribed circumstances or on demand, prescribed records and information in respect of business transactions,
(ii) to retain goods acquired in the business on the business premises or other prescribed premises for a prescribed period of time, and
(iii) to deliver to customers or other persons dealing with the business certain records or documents in respect of transactions; and
(d) respecting hours of operation of businesses.
149(2) Without limiting the generality of section 148, a by-law passed under the authority of that section may include provisions respecting
(a) conditions that must be met before a licence is issued, including the character and fitness of the applicant or licensee;
(b) the designation of classes of businesses that council considers may be injurious to the interests of owners or occupants of property in the vicinity, and providing for conditions and procedures for approving licences for those businesses;
(c) conditions that a business may be carried on only in the premises specified in the licence; and
(d) the designation of parts of the city in which businesses or specified businesses or classes of businesses may not be carried on.
Restriction on licensing certain businesses
149(3) A by-law passed under the authority of section 148 must not require a licence to be obtained for
(a) selling agricultural produce grown in Manitoba if the sale is made by the individual who produced it, a member of the immediate family of the individual or another individual employed by the individual;
(b) operating a public utility that is governed by statute or that is carried on under an agreement between the operator of the utility and the city; or
(c) carrying on a railway.
BUILDINGS, EQUIPMENT AND MATERIALS
150 Council may pass by-laws respecting
(a) construction and occupancy of buildings;
(b) construction activities;
(c) the installation and use of materials and equipment, other than equipment of Manitoba Hydro, in buildings;
(d) inspections of construction and construction activities;
(e) buildings that council considers to be of special architectural or historic interest; and
(f) the Winnipeg Building Commission.
151 Without limiting the generality of clauses 150(a) and (b), council may pass by-laws
(a) respecting requirements for plans relating to construction;
(b) respecting standards relating to construction;
(c) respecting standards relating to the design and appearance of buildings;
(d) establishing a system to regulate the condition and maintenance of vacant dwellings or non-residential buildings, or classes of them, which may include provisions respecting
(i) the manner in which the dwellings or buildings must be secured by owners or, on default, may be secured by the city,
(ii) inspections by the city of the condition of the dwellings or buildings, including their interior condition, and
(iii) the length of time that dwellings or buildings may remain boarded up;
(e) respecting permitted degrees of non-conformity with the requirements of a by-law; and
(f) prescribing qualifications for individuals who are engaged in any work in construction.
152(1) The city must cause all plans relating to any construction to be inspected to determine whether the construction will comply with the applicable by-laws.
152(2) The city must establish a procedure for approving plans under this section, and no permit or approval respecting the construction shall be issued by the city until the plans have been approved in accordance with that procedure.
152(3) The inspection required under this section must relate to the materials and methods to be used, and the work to be done, in construction.
Report of offence to associations
153(1) If an employee of the city believes, on reasonable grounds after inspection of a plan, or on the basis of other information relating to any construction, that an offence has been committed under The Engineering and Geoscientific Professions Act or The Architects Act, the employee may inform the Association of Professional Engineers and Geoscientists of the Province of Manitoba or The Manitoba Association of Architects of the circumstances leading to that belief.
153(2) If the Association of Professional Engineers and Geoscientists of the Province of Manitoba or The Manitoba Association of Architects is investigating any work that a professional engineer or an architect has done, the city may make any information in its possession that relates to the work available to the association on its written request.
No action for providing information
153(3) No action lies against the city or an employee or agent of the city for providing information under subsection (1) or (2).
154 Without limiting the generality of clause 150(c), council may pass by-laws respecting the use of materials, methods and equipment in construction that council considers injurious or potentially injurious to health and safety.
Exception for certain electrical inspections
155 Without limiting the generality of clause 150(d) (inspection of construction), and despite The Electricians' Licence Act and The Manitoba Hydro Act, council may pass by-laws permitting electrical inspections of one- or two-family dwellings, row housing and related buildings and equipment, to be made by an inspector who holds
(a) an electrician's journeyperson licence;
(b) a journeyperson's certificate in another related trade; or
(c) other qualifications acceptable to the city.
156 Without limiting the generality of clause 150(e) (buildings of special interest), council may pass by-laws respecting
(a) the establishment and maintenance of a list of buildings that council considers to be of special architectural or historic interest;
(b) the establishment of criteria and procedures to determine
(i) which buildings should be added to the list, and
(ii) which buildings should be deleted from the list; and
(c) limits and conditions on construction and occupancy in respect of buildings on the list.
157(1) Without limiting the generality of clause 150(f) (Winnipeg Building Commission), council may pass by-laws
(a) establishing a Winnipeg Building Commission;
(b) respecting rules governing the commission and its practice and procedures;
(c) providing for the appointment of members of the commission and remuneration of such members who are not members of council; and
(d) authorizing the commission to modify or vary a requirement of a by-law passed under section 150 in so far as it applies to the construction of a building, if the commission considers it advisable and expedient because of the proposed use of new methods or materials in the construction.
Powers of commission re existing buildings
157(2) Where a by-law passed under section 150 requires an alteration to be made to, or equipment to be installed in, an existing building, the Winnipeg Building Commission, on application of any person, or on its own initiative, may decide, subject to The Buildings and Mobile Homes Act, whether the alteration must be made or the equipment installed.
CONSTRUCTION IN FLOODWAY AND FLOODWAY FRINGE AREAS
Regulations by Lieutenant Governor in Council
158(1) The Lieutenant Governor in Council may make regulations
(a) designating areas of the city as designated floodway areas or designated floodway fringe areas;
(b) establishing floodproofing criteria for buildings constructed in designated floodway areas and designated floodway fringe areas;
(c) designating buildings or classes of buildings that are exempt from complying with floodproofing criteria; and
(d) respecting the circumstances in which an order under subsection (6) to vary floodproofing criteria may be made and the extent to which those criteria may be varied.
Restricted construction in floodway areas
158(2) Subject to subsection (3), no person shall construct, and the city shall not issue a permit for construction of, works within a designated floodway area unless the works are public service works.
Exception for construction in floodway area
158(3) If, immediately before a regulation designating a designated floodway area came into force, a person was entitled to a permit for the construction of a building on land within the area,
(a) the city may issue a permit to the person for construction of a building on the land;
(b) the person may construct the building in conformity with the permit; and
(c) all construction done under the permit is subject to all restrictions applicable in a designated floodway fringe area.
Restricted construction in floodway fringe areas
158(4) Subject to subsection (6), no person shall construct, and the city shall not issue a permit for construction or occupancy of, a building within a designated floodway fringe area unless the building complies with floodproofing criteria.
158(5) The city shall not issue a permit for construction of the superstructure of a building in a designated floodway area or a designated floodway fringe area until
(a) the foundation of the building is completed; and
(b) a surveyor's certificate, or similar document approved by a designated employee, is filed with the city showing that the elevation of the foundation complies with floodproofing criteria.
Variation of floodproofing criteria
158(6) Subject to the regulations, an owner of land within a designated floodway fringe area may apply to a designated employee for an order varying the floodproofing criteria in respect of proposed construction of a building on the land.
Order varying floodproofing criteria
158(7) Subject to the regulations, on receiving an application under subsection (6), a designated employee, if reasonably satisfied that it is impossible or impractical to comply with the floodproofing criteria, may make an order varying the floodproofing criteria in respect of
(a) a new building to be constructed on one of a small number of remaining building sites or the only remaining building site, or on a newly subdivided building site, in an area that is almost fully developed with buildings;
(b) proposed construction in respect of an existing building; or
(c) the replacement of a building that has been destroyed by fire or other peril.
Conditions respecting flood protection
158(8) An order under subsection (7) may be made subject to terms and conditions that are prescribed in the regulations and that the designated employee considers necessary or desirable, including a prohibition of any payment by the city for flood protection assistance or flood damage assistance.
158(9) The city must file with the minister, or a person designated by the minister, a copy of every order made under subsection (7).
WATERWAYS
159(1) Council may pass by-laws respecting waterways.
159(2) Without limiting the generality of subsection (1), council may pass by-laws
(a) designating waterways or portions of them, and areas adjacent thereto, as regulated areas and respecting
(i) actions and measures that may alter or maintain
(A) drainage and water flow within the regulated areas, or
(B) stability of banks of waterways and land within the regulated areas, and
(ii) materials and methods used in construction within the regulated areas;
(b) respecting flood control works and other measures considered by council to be necessary to protect persons and property from flooding or the risk of flooding;
(c) subject to subsection (3), respecting construction of buildings in or spanning waterways; and
(d) respecting activities on the frozen surfaces of waterways.
Construction spanning waterways
159(3) The city must not permit the construction of any building in a waterway or spanning a waterway, except
(a) public service works; or
(b) if a by-law has been passed under clause(2)(c), buildings that conform with the by-law.
WATER
160(1) Subject to the provisions of this Act, the city must ensure a supply of water for its citizens.
160(2) For the purpose of carrying out its responsibility under subsection (1), the city may provide water from sources within or outside the province and, for that purpose
(a) has exclusive possession and control of land, works and equipment that form part of, or are used for, its waterworks; and
(b) may, subject to obtaining any necessary rights, licences or approvals from Her Majesty in right of Canada or a province, carry on its operations and exercise its rights in respect of that responsibility outside Manitoba.
Application of by-laws to waterworks system
160(3) By-laws of the city apply to land, works and equipment that form part of, or are used for, the city's waterworks, whether they are within or outside the city.
By-laws respecting water supply
160(4) For the purpose of carrying out the city's responsibility and powers under subsections (1) and (2) and without limiting the powers set out in subsection (2), council may pass by-laws respecting
(a) the protection of the city's water supply from health hazards;
(b) the manner, extent and nature of the supply of water from its waterworks to properties;
(c) the installation, movement, connection, disconnection and maintenance of meters and service pipes between properties and water mains and the persons responsible for payment of the costs thereof;
(d) standards and specifications of design for, and maintenance of, connections with waterworks, including requiring measures to be taken or devices to be installed to cut off or control the connection between property and the waterworks; and
(e) the individuals authorized to do the work or make the connections set out in clauses (c) and (d).
WASTE
161(1) Council may pass by-laws respecting
(a) the collection, handling, recycling and disposal of solid waste;
(b) the collection, handling, treatment and disposal of wastewater; and
(c) securing the proper drainage of land in the city.
161(2) Without limiting the generality of clause (1)(a), a by-law authorized under that clause may include provisions
(a) specifying the location where, and manner in which, owners and occupants of property are required to provide receptacles for solid waste;
(b) specifying and authorizing persons who may collect and handle solid waste;
(c) respecting the removal and disposal of solid waste by owners and occupants of property on which the waste originates; and
(d) respecting the establishment and use of sanitary landfill sites, inorganic materials disposal grounds and other facilities for the disposal of solid waste within or outside the city.
161(3) Without limiting the generality of clauses (1)(b) and (c), by-laws authorized under those clauses may include provisions respecting
(a) the placing, depositing or discharging of anything in or into a wastewater system or watercourse or on or onto land;
(b) the control, diversion or altering of watercourses, whether covered or not, including watercourses passing through private land;
(c) requirements for owners or occupants of property to construct and maintain works and equipment that council considers necessary for the treatment of wastewater or other health hazard before it is discharged into a wastewater system or watercourse or onto land;
(d) the installation, movement, connection, disconnection and maintenance of meters and service pipes between properties and wastewater systems and the persons responsible for payment of the costs thereof; and
(e) standards and specifications of design for, and maintenance of, connections with wastewater systems, including requiring measures to be taken or devices to be installed to cut off or control the connection between property and the wastewater system and the persons authorized to make the connections.
PUBLIC TRANSPORTATION
162(1) Council may pass by-laws respecting local transportation systems and chartered bus services.
162(2) Without limiting the generality of subsection (1), council may pass by-laws
(a) establishing fare zones for transit service;
(b) prescribing the types of chartered bus services that the city may provide;
(c) respecting the provision of transportation services to Birds Hill Provincial Park; and
(d) respecting the provision of transportation to any facility or site owned or operated by the city whether within or outside the city.
163(1) The city has exclusive authority to operate local fixed-fare passenger transportation services within the city except
(a) railways;
(b) taxicabs and school buses as those expressions are defined in The Highway Traffic Act;
(c) motor vehicles operated by a school division or private school for school purposes;
(d) buses operated as a chartered bus service; and
(e) buses owned and operated by a corporation or organization solely for the purposes of the corporation or organization if no fare or fee is charged for transportation in the buses.
Vehicles operated for school purposes
163(2) Despite any provision of The Highway Traffic Act, motor vehicles operated by a school division or a private school are not, while they are operated within the city, public service vehicles as that expression is defined in subsection 1(1) of that Act.
Agreement for private operation
163(3) Despite subsection (1), where a person wishes to provide a local transportation service that falls under the exclusive authority of the city under subsection (1) and the person is not providing the service for or on behalf of the city, the city may, at the person's request, enter into an agreement with the person under which the person will operate a local passenger transportation service of such kind and in such part of the city as is specified in the agreement; but
(a) before beginning to operate the service the person must obtain from The Public Utilities Board approval of the agreement and be authorized by that board to operate a local transportation service in the city; and
(b) the operation of the service is, in all respects, subject to the authority and supervision of that board.
AMBULANCE SERVICES
164 Council may pass by-laws respecting ambulance services.
FIRE PROTECTION
165(1) Council may pass by-laws respecting
(a) the prevention and suppression of fires; and
(b) the protection of persons and property endangered by fires.
165(2) Without limiting the generality of subsection (1), council may pass by-laws respecting
(a) the demolition of buildings adjacent to a fire to prevent the fire from spreading;
(b) acts, practices, conditions or things that may cause or aggravate fires; and
(c) the prevention of fires or reducing the danger of damage, injury or loss of life from fires. POLICE
166(1) Council may establish, and pass by-laws respecting, a police service.
166(2) The police service of the city consists of a chief of the police service and such other members as council may authorize.
166(3) A by-law passed under the authority of subsection (1) may only contain provisions
(a) prescribing the ranks, positions and duties of the members of the police service;
(b) for the organization, government, administration, control, discipline, well-being and efficiency of the police service; and
(c) respecting punishment for offences and breaches of discipline by members of the police service.
Duties of members of police service
166(4) Subject to by-laws passed under the authority of subsection (1), every peace officer who is a member of the police service must
(a) perform all duties assigned to the officer in relation to the preservation of peace, the prevention of crime and offences against laws in force in Manitoba and the apprehension of criminals and offenders and others who may lawfully be taken into custody;
(b) execute all warrants and perform all duties that under the laws in force in Manitoba may lawfully be executed or performed by peace officers; and
(c) perform such other duties and functions as may from time to time be assigned to them by the chief of the police service.
Committee for investigation of conduct of police
167 Council may appoint a committee of individuals who are not members of council to investigate conduct of a member of the police service, and on being appointed the committee has the powers and protection of a commissioner appointed under The Manitoba Evidence Act.
168 The city may establish lock-ups for the detention of individuals
(a) charged with an offence and ordered by a court of competent jurisdiction to be remanded in custody;
(b) sentenced to imprisonment for a term of not more than 30 days for a contravention of a by-law; or
(c) waiting to be conveyed to a correctional institution or penitentiary.
ARBITRATION IN COLLECTIVE BARGAINING WITH POLICE SERVICES
169(1) In this section and sections 170 to 173, and in applying any provision of The Firefighters and Paramedics Arbitration Act that applies for the purposes of this Act,
"arbitration board" means an arbitration board established under section 171; (« conseil d'arbitrage »)
"bargaining agent" means the Winnipeg Police Association; (« agent négociateur »)
"collective agreement" means a collective agreement entered into between the city and the bargaining agent in respect of members of the police department; (« convention collective »)
"members of the police department" means the members of the police service of the city who are members of the bargaining unit in respect of which the bargaining agent is certified under the principal Act; (« policiers »)
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of the principal Act; (« ministre »)
"principal Act" means The Labour Relations Act. (« loi principale »)
Words and expressions in principal Act
169(2) Except where the context otherwise requires, and subject to subsection (1), words and expressions used in this section and sections 170 to 173 have the same meaning as they have in the principal Act.
170 Except as provided in sections 171 to 173, the provisions of the principal Act respecting collective bargaining apply to collective bargaining between the city and the bargaining agent and, where in any situation there is a conflict between any of those sections and a provision of the principal Act, the section of this Act prevails.
Application for arbitration board
171(1) Where
(a) the city or the bargaining agent has given notice to the other to commence collective bargaining with a view to the conclusion of a collective agreement;
(b) three months have elapsed since the notice was given;
(c) any collective agreement in effect at the time the notice was given would, but for subsection 173(3), have ceased to be in effect; and
(d) the city and the bargaining agent have not concluded a new collective agreement or a renewal or revision of an existing or former collective agreement;
either or both of them may apply to the minister to appoint an arbitration board.
Establishment of arbitration board
171(2) Where the minister receives an application under subsection (1), the minister may establish an arbitration board
(a) to deal with the dispute that has arisen in the collective bargaining between the city and the bargaining agent; and
(b) to formulate a collective agreement, or the renewal or revision of an existing or former collective agreement.
Appointment of members of arbitration board
171(3) Except as otherwise provided in this section,
(a) the provisions of the principal Act respecting the membership and appointment of the members and chairperson of a conciliation board apply, with necessary changes, to and in respect of the membership and appointment of members and chairperson of an arbitration board; and
(b) on appointment of an arbitration board under this section, the provisions of the principal Act respecting the procedures, powers, duties, privileges and awards of an arbitration board appointed under that Act apply to and in respect of the arbitration board.
Failure to appoint chairperson
171(4) Where the two members of an arbitration board nominated by the city and the bargaining agent fail or neglect to nominate a third individual to be a member and chairperson of the arbitration board within the time prescribed under subsection 98(4) (chairperson nominated by other members) of the principal Act, the minister shall report that fact to the Chief Justice of Manitoba who shall
(a) select an individual willing and ready to act as a member and chairperson of the arbitration board; and
(b) shall notify the minister of the individual selected.
172(1) Subsections 10(2) and (3) (terms of reference) and sections 11 (awards), 13 (lockouts and strikes prohibited), 14 (expenses and assistance) and 15 (penalties) of The Firefighters and Paramedics Arbitration Act apply, with necessary changes, as though those provisions were set out in this Act.
Changes in applying provisions
172(2) In applying provisions of The Firefighters and Paramedics Arbitration Act referred to in subsection (1),
(a) all references to "a municipality" or "the municipality" shall be read as references to "the city"; and
(b) all references to "firemen" shall be read as references to "members of the police department".
Commencement of agreement or award
173(1) Every collective agreement, and every award made by an arbitration board, has effect on and after the first day after the day that any collective agreement in effect at the time the notice to commence collective bargaining was given by the city or the bargaining agent to the other would, but for subsection (3), have ceased to be in effect, whether or not the city has made, or can make, provision for any additional expenditures arising from the agreement or award for the year in which it comes into effect or any part of that year.
173(2) Subject to subsection (3), every collective agreement remains in effect for the term specified in the agreement.
Continuation of agreement and award
173(3) After the end of the period during which a collective agreement or an award by an arbitration board remains in effect as provided in subsection (2), the agreement or award continues in effect until it is replaced by a new collective agreement or award, as the case may be.
DIVISION 2
EXERCISING BY-LAW MAKING AUTHORITY
General powers in exercise of authority
174 Without limiting the generality of any other provision of this Act, council may, in a by-law passed under this Act,
(a) regulate or prohibit;
(b) adopt by reference, in whole or in part, with or without changes or additions, any code or standard made or recommended by the Government of Canada or a province or by a recognized technical or professional organization, and require compliance with the code or standard;
(c) deal with any activity, development, construction, industry, business, property, animal or thing in different ways, or divide any of them into classes and deal with each class differently;
(d) provide for a system of licences, permits or approvals, and procedures for making and dealing with applications for licences, permits and approvals, including any or all of the following:
(i) the form and content of applications for licences, permits or approvals,
(ii) prohibiting an activity, business, development, construction, industry or thing until a licence, permit or approval is granted in respect of it,
(iii) providing for the duration of licences, permits and approvals,
(iv) providing that terms and conditions may be imposed on any licence, permit or approval and providing for the nature of the terms and conditions and when, how and by whom they may be imposed,
(v) providing for the refusal to grant licences, permits or approvals,
(vi) providing for the suspension, cancellation or revocation of licences, permits or approvals and other remedial actions in respect of them,
(vii) the charging, including the method of calculating the charges, and collection of the costs of inspections made and remedial actions taken in respect of licences, permits and approvals or in respect of codes or standards adopted under clause (b),
(viii) requiring persons to whom licences, permits or approvals are granted to obtain and keep in effect policies of insurance for public liability for the protection of persons who might suffer loss or damage directly or indirectly from the business or activity, or the use of the property, to which a licence, permit or approval relates,
(ix) providing for the posting of a bond or the deposit of other securities
(A) to ensure compliance with the terms and conditions of a licence, permit or approval, or
(B) to protect and indemnify the city or any other person against any loss or damage that the city or the other person may suffer arising directly or indirectly from the business or activity, or the use of the property, to which a licence, permit or approval relates;
(e) require the person responsible to produce prescribed information and documents for the purpose of
(i) administering or enforcing any provision of this Act or any by-law respecting businesses, construction, development or property or any activity,
(ii) an application in respect of a licence, permit or approval, or
(iii) determining the cost of construction; and
(f) except where a right of appeal is provided by this or any other Act, provide for appeals.
DIVISION 3
ENFORCEMENT AND BY-LAWS RESPECTING ENFORCEMENT
General powers respecting enforcement
175 Council may pass by-laws
(a) providing for the enforcement of the provisions of this Act and of by-laws, including inspections, for determining whether persons are complying with the provisions of this Act and of by-laws;
(b) authorizing remedies for contraventions of by-laws, including seizing, removing, destroying, impounding, detaining on premises, confiscating and selling or otherwise disposing of food, drinks, plants, animals, birds, vehicles, substances or other chattels related to a contravention;
(c) establishing penalties for offences under section 177 (offences) and, subject to section 179 (limitation on penalty fixing), establishing
(i) minimum and maximum penalties for offences,
(ii) minimum and maximum penalties for second or subsequent offences, and
(iii) a progressive fine structure for voluntary payment of fines;
(d) providing other remedies for contraventions of by-laws, including, without limiting the foregoing,
(i) the imposition of a monetary penalty for a contravention of a by-law that is in addition to a fine or imprisonment if the penalty relates to a fee, rate, charge or cost that is associated with the conduct that gives rise to the contravention, or is related to the enforcement of the by-law,
(ii) the collection of monetary penalties mentioned in subclause (i) in any manner in which a tax imposed by the city may be collected under this Act,
(iii) without affecting any other remedy for the contravention of a by-law, the seizure and sale of the goods, wherever found, of a person carrying on an activity or business without a licence, permit or approval contrary to a by-law, to enforce payment of the fee or charge for the licence and the costs of the seizure and sale, and
(iv) the method of calculating and the charging and collecting costs incurred in respect of any action taken to enforce a by-law, including, where the person responsible for the contravention of a by-law in respect of which such action is taken is the owner of real property in the city, adding the amount of those costs to real property taxes on the property to be collected in the same manner as, and with the same priorities as, those taxes.
SPECIAL CONSTABLES AND ENFORCEMENT OFFICERS
Appointment of enforcement officers
176(1) Council may designate enforcement officers and prescribe their powers, duties and functions.
Appointment of special constables
176(2) Council may, for the purposes of the city, appoint employees or other individuals as special constables, who have the powers and privileges and are subject to the same liabilities as a constable appointed under The Provincial Police Act.
176(3) For the purposes of The Law Enforcement Review Act, special constables appointed under subsection (2) are not police officers and are not members of a police department.
OFFENCES AND PENALTIES
177(1) Every person is guilty of an offence who contravenes
(a) a provision of this Act or a regulation made under this Act;
(b) a by-law or resolution made under this Act;
(c) an order made under this Act or a by-law;
(d) a provision of another Act which, by this Act, is made applicable to the city or to proceedings taken or things done under this Act; or
(e) a development agreement that the city has entered into with the person under section 240 (development agreements).
177(2) Where a contravention mentioned in subsection (1) continues for more than one day, the person is guilty of a separate offence for each day the contravention continues.
Directors and officers of corporations
177(3) Where a corporation commits an offence under subsection (1), a director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of the offence.
178(1) Where no other penalty is established under this Act or a by-law for an offence under section 177, every person who is guilty of the offence is liable on summary conviction
(a) in the case of an individual, to a fine of not more than $1,000., or imprisonment for a term of not more than six months, or both; and
(b) in the case of a corporation, to a fine of not more than $5,000.
178(2) A by-law establishing a penalty under subsection (1) may provide that a person who contravenes a provision described in subsection 177(1) may pay an amount established by by-law and if the amount is paid, the person will not be prosecuted for the contravention.
178(3) Where a person is convicted of a contravention of a provision of this Act or a by-law, a justice may, in addition to imposing a penalty established under this Act or a by-law, order the person to do one or both of the following:
(a) comply with the provision that the person contravened;
(b) pay to the city the amount of costs incurred by the city as a result of the contravention.
178(4) When imposing a fine established under this Act or a by-law, a justice
(a) shall set a time limit for payment of the fine; and
(b) may
(i) where the fine is imposed on an individual, impose a term of imprisonment to be served if the fine is not paid within the time limit, or
(ii) where the fine is imposed on a corporation, order that the city may distrain goods and chattels of the corporation if the fine is not paid within the time limit.
179 Council does not have authority under section 175 (power respecting enforcement) to establish
(a) a term of imprisonment as a minimum penalty for an offence; or
(b) a term of imprisonment greater than six months as a maximum penalty for an offence.
INSPECTIONS AND ORDERS
180(1) If this Act, another enactment or a by-law authorizes or requires anything to be inspected, remedied, enforced or done by the city, a designated employee may, after giving reasonable notice to the owner or occupant of the land or building to be inspected or tested, or in which the thing to be inspected or tested or in respect of which the remedy, enforcement or action is authorized or required is located,
(a) enter the land or building at any reasonable time, and carry out the inspection, enforcement or action authorized or required by the Act or by-law;
(b) request that anything be produced to assist in the inspection, remedy, enforcement or action;
(c) make copies of a record, document, or thing related to the inspection, remedy, enforcement or action; and
(d) on providing a receipt, remove a record, document, or thing, if it is relevant to the inspection.
Identification of designated employee
180(2) A designated employee exercising any authority under subsection (1) or section 182 must, upon request, display or produce identification showing that he or she has been designated as an employee who may exercise that authority.
181 In an emergency, or in extraordinary circumstances, a designated employee need not give reasonable or any notice to enter land or a building and may do any of the things referred to in subsection 180(1) without the consent of the owner or occupier of the land or building and without a warrant.
Inspection programs conducted by public notice
182(1) Council may by by-law appoint designated employees who may, at reasonable times, and in accordance with a public notice of an inspection program, enter on and inspect land in the city to determine whether by-laws authorized by the following provisions are being complied with:
(a) clause 130(a) (nuisance);
(b) section 131 (property adjacent to streets);
(c) section 134 (health, safety and well-being);
(d) clause 150(d) (inspections of construction and construction activity);
(e) section 159 (waterways);
(f) subsection 160(4) (by-law respecting water supply);
(g) section 161 (waste);
(h) section
165 (fire protection).
182(2) A public notice of an inspection program must include a general description of
(a) the purpose of the inspection;
(b) when the inspections may take place; and
(c) the neighbourhood, district or area of the city in which the inspections will occur.
Council may reappoint employee
182(3) A by-law appointing an employee under subsection (1) expires one year after it is passed, but council may by by-law reappoint the employee.
Entry for inspection under public notice
182(4) In accordance with a public notice under this section, a designated employee may enter and inspect land.
182(5) The city is liable for any damage arising from the entry of a designated employee upon land under the authority of this section.
183(1) If the owner or occupier refuses to allow or interferes with the entry, inspection, enforcement or action referred to in section 180 or 182, a justice who is satisfied by information under oath that entry to the land or building is necessary in the circumstances shall, on application of the city, issue a warrant authorizing the individual named in the warrant to enter the land or building.
Application before entry attempted
183(2) The city may apply for, and a justice may issue, a warrant under this section before any attempt is made to enter the land or building affected.
183(3) A warrant issued under subsection (1) shall be executed during daylight hours unless the warrant authorizes it to be executed during the night.
184(1) A designated employee who finds that this Act, another enactment that the city is authorized or required to enforce, or a by-law is being contravened, may, by written order, require the person responsible for the contravention to remedy it and shall serve the order on the person.
184(2) An order under subsection (1) may
(a) direct the person to stop doing something, or to change the way in which the person is doing it;
(b) direct the person to take any action or measure necessary to remedy the contravention, including the demolition or removal of a building;
(c) direct the person to vacate a premises and forbid its use or occupancy;
(d) specify a time within which the person must comply with the order; and
(e) state that if the person does not comply with the order within the specified time, the city will take the action or measure ordered at the expense of the person.
184(3) If an order made under subsection (1) or 158(7) (variation of floodproofing criteria) relates to a parcel of land or to a building on a parcel of land, the city may register the order by way of caveat against the parcel in the land titles office.
184(4) An order under this section may be registered only if it includes
(a) a description of the parcel of land that the order relates to; and
(b) a statement that the land, or a building or structure on the land, does not comply with this Act, another enactment that the city is authorized or required to enforce, or a by-law.
District registrar to register order
184(5) The district registrar shall register the order against the title or abstract of title of the land described in the order.
Subsequent purchasers are deemed served
184(6) A person who acquires an interest in land on or after the date on which an order is registered under subsection (3) is deemed to have been personally served with the order on the date of registration.
184(7) Where an order registered under this section is no longer relevant, the city shall register a notice of discharge in the land titles office in a form prescribed under The Real Property Act.
City remedying contravention etc.
185(1) Where
(a) a person has been served with an order under section 184;
(b) the person to whom the order was directed has not complied with the order within the time specified in it; and
(c) the time within which an appeal against the order may be taken has expired or, if an appeal against the order was taken, the appeal has been decided and the decision
(i) confirms the order, or
(ii) varies the order, but the person has not complied with the order as varied;
the city may, subject to subsection (3), take any action or measure that is referred to in the order and that is reasonable to remedy the contravention, and in so doing the city may do any work on adjoining land or buildings that is necessitated by the city remedying the contravention.
Closure of building and removal of occupants
185(2) If the actions or measures taken by the city under subsection (1) are for the purpose of removing or demolishing a building, eliminating a danger to public safety or property or putting a building into a sanitary or a safe condition, the city may close the building and use reasonable force to remove the occupants of the building and restrict entry to the building except for the purpose of carrying out the actions and measures.
Notice before removal or demolition
185(3) The city must not remove or demolish a habitable building, or a structure that is an accessory to a habitable building, under subsection (1) unless
(a) the order is issued under clause 184(2)(b) and includes a statement that the building or structure could be removed or demolished if the order is not complied with; and
(b) the order is served on the owner of the building or structure personally or by such substitutional service as the Court of Queen's Bench may order on application by the city.
186(1) Despite any other provision of this Act, when an emergency arises that affects the health or safety of persons or affects property,
(a) the city may take whatever actions and measures are necessary to meet the emergency and to eliminate or reduce its effects; and
(b) no appeal may be taken under section 189 from a decision made to enforce or carry out any action or measure taken under this section or from an order mentioned in subsection (3).
186(2) This section applies whether or not the emergency involves a contravention of this Act, another enactment or a by-law that the city is authorized or required to administer or enforce.
186(3) A person who receives an oral or written order under this section requiring the person to provide labour, services, equipment or materials must comply with the order.
186(4) A person who, in compliance with an order received under this section, provides labour, services, equipment or materials and who did not cause or contribute to the emergency is entitled to reasonable remuneration from the city.
187(1) The costs incurred by the city in taking actions or measures under section 185 or 186, including remuneration referred to in subsection 186(4), are a debt due and owing to the city
(a) in the case of actions and measures taken under section 185 to remedy a contravention of an Act or by-law, by the person contravening the Act or by-law or responsible for the contravention; and
(b) in the case of actions or measures taken under section 186 to meet or eliminate an emergency, by the person, if any, who caused the emergency;
and, if that person is the owner of real property in the city, may be added to the real property taxes on the property and collected by the city in the same manner and with the same priorities as those taxes.
187(2) Where the city takes actions or measures to remove or demolish a building and sells all or part of the building or any equipment or materials that remain after the removal or demolition, the proceeds of the sale must be used to offset the costs incurred by the city in taking the actions or measures, and any balance remaining must be paid
(a) to the person who would be liable under subsection (1) to pay those costs; or
(b) if another person claims the balance, into the Court of Queen's Bench to be paid out as the court orders.
Application to court to enforce by-law
188 The city may apply to the Court of Queen's Bench for an injunction or other order to enforce a by-law or to restrain a contravention of a by-law or of this or any other Act without initiating a prosecution in respect thereof, and the court may grant or refuse to grant the injunction or other order or make any other order that the court considers fair and just.
APPEALS
Appeals to designated hearing bodies
189(1) A person
(a) to whom an order under section 184 (order to remedy contravention) is directed; or
(b) who is aggrieved by
(i) an order or decision of the Winnipeg Building Commission or a planning commission, or
(ii) an order or decision of a designated employee in respect of issuing, granting, suspending or cancelling, or refusing to issue or grant, a licence, permit, approval or consent;
may appeal the order or decision to a hearing body designated by council by filing a written notice of appeal.
189(2) A notice of an appeal under subsection (1) shall identify the order or decision being appealed and must be served on the city
(a) where the appeal is from an order made under section 184 (order to remedy contravention) and the time specified therein for complying with the order is less than 14 days, within the time so specified; and
(b) in any other case, within 14 days, or such longer period as is specified in a by-law, after the day the person received or is deemed to have received the order or notice of the decision, as the case may be.
Where decision or order not appealed
189(3) Where a decision or order is not appealed within the time specified in subsection (2), the decision or order is final.
189(4) If the order appealed under subsection (1)
(a) sets out the hearing body, and the date, time and place for hearing any appeal, no further notice of the hearing need be given; and
(b) does not set out the information in clause (a), the appellant must be served with notice of the hearing of the appeal in accordance with section 114.
189(5) The date of a hearing set out in an order referred to in clause (4)(a) may be less than 14 days after the person is served if the time for compliance specified in the order is also less than 14 days.
189(6) A designated hearing body to which an appeal is taken must hold a hearing on the appeal and may confirm, vary or cancel the order or decision or substitute a new order or decision for it.
189(7) Unless there is a further right of appeal provided for, every decision of a designated hearing body made in an appeal under this section is final and no appeal may be taken in respect of the decision.
189(8) Section 58 (mayor as ex officio member of committees) does not apply to a hearing body that holds a hearing under this section.
DIVISION 4
DERELICT PROPERTY
190(1) In this Division,
"derelict building by-law" means a by-law passed under clause 151(d) that regulates the condition and maintenance of vacant dwellings or non-residential buildings; (« règlement municipal sur les bâtiments abandonnés »)
"derelict property" means real property under the operation of The Real Property Act upon which is located a vacant dwelling or non-residential building that is not in compliance with the derelict building by-law. (« bien abandonné »)
Interpretation: evidence property is derelict
190(2) For the purposes of this Division, a property is a derelict property only if
(a) the registered owner of the property has been found guilty of contravening a derelict building by-law; and
(b) a designated employee certifies by statutory declaration that the property continues to be in contravention of the derelict building by-law.
By-law re derelict building certificates
191(1) Council may by by-law establish a process for issuing derelict building orders and derelict building certificates in respect of derelict properties.
191(2) A public hearing must be held before a by-law is passed under subsection (1), and for that purpose, subsections 17(4) to (6) apply, with necessary changes.
191(3) A by-law made under subsection (1) must include provisions respecting
(a) the issuance of preliminary derelict building orders by designated employees, including
(i) the form and content of the order, which must include a statement that the property is a derelict property and that it may be transferred to the city if it is not brought into compliance with the derelict building by-law,
(ii) the minimum time period within which the registered owner must bring the property into compliance with the derelict building by-law, which must be at least 60 days,
(iii) the right of a person served with an order to appeal the order, or the time period set out in it for bringing the property into compliance, and
(iv) the time period for filing an appeal, which must be at least 30 days after the order is served;
(b) the process to be followed by designated employees in making applications for derelict building certificates; and
(c) the form and content of statutory declarations made by designated employees under this Division.
Appeals to committee of council
191(4) An appeal in respect of a preliminary derelict building order must be heard by a designated committee of council.
Orders must be served and filed
192(1) A preliminary derelict building order must be
(a) promptly registered by way of caveat against the derelict property in the land titles office; and
(b) served on the registered owner of the derelict property and every person who appears from the records in the land titles office to have an interest in the property, personally or by such substitutional service as the district registrar may order on application by the city.
192(2) An order may be registered only if it includes a legal description of the land that the order or certificate relates to and a statement that it is a derelict property.
District registrar to register order
192(3) The district registrar must register the order against the title of the land described in the order.
Subsequent purchasers are deemed served
192(4) A person who acquires an interest in land on or after the date on which an order is registered under subsection (3) is deemed to have been personally served with the order on the date of registration.
Change in ownership does not affect process
192(5) If a person acquires an interest in derelict property on or after the date on which a preliminary derelict building order has been registered under this Division, the property does not cease to be a derelict property because the person acquiring an interest has not been convicted of contravening the derelict building by-law.
Application for derelict building certificate
193(1) A designated employee may make an application for a derelict building certificate only if
(a) a preliminary derelict property order was issued in respect of the property;
(b) the time period provided in the preliminary derelict building order for bringing the property into compliance with the derelict building by-law has expired; and
(c) the time within which an appeal against the order may be taken has expired or, if an appeal against the order was taken, the appeal has been decided and the decision
(i) confirms the order, or
(ii) varies the order, but the person has not complied with the order as varied.
Application to EPC or standing committee
193(2) An application for a derelict building certificate is to be made to a designated committee of council, which must be the executive policy committee or a standing committee of council.
Issuance of derelict building certificate
193(3) On receiving an application for a derelict building certificate, the designated committee of council may by resolution issue the certificate if
(a) there is evidence that the property continues to be a derelict property; and
(b) in the opinion of the designated committee of council, there is a satisfactory plan for redeveloping the property.
Registration of derelict building certificate
193(4) A derelict building certificate must be promptly registered by way of caveat against the derelict property in the land titles office, and subsections 192(2) to (5) apply, with necessary changes, to the registration of the certificate.
Discharge of orders and certificates
194(1) If at any time a designated employee is satisfied that a property against which an order or certificate has been registered under this Division has been brought into compliance with the derelict building by-law, the city must promptly register a discharge of
(a) the order in the land titles office in a form prescribed under The Real Property Act; and
(b) any application for transfer commenced under subsection 195(1).
194(2) If, in respect of a property, an order registered by the city is discharged, no new order may be registered against it unless the registered owner is again found guilty of contravening the derelict building by-law.
195(1) Within the period of not less than 30 days and not more than 120 days after a derelict building certificate has been registered against a derelict property, the city may apply to the district registrar for a certificate of title to the property to be issued in the name of the city.
195(2) An application under subsection (1) must be dealt with as an application for transmission under The Real Property Act.
195(3) If the city fails to make an application under subsection (1) in respect of the property within the period provided in that subsection,
(a) the property ceases to be affected by the derelict property certificate; and
(b) the district registrar may, without notice to the city, vacate the registration of the derelict property certificate on any subsequent registration affecting the property.
Notice to interested persons of application for title
196(1) If the city makes an application under subsection 195(1) for title to the property, the district registrar must require the city to give notice of the application to
(a) the registered owner of the property, by personal service; and
(b) every person who appears from the land titles records to have an interest in the property, by any delivery service whereby the sender is provided with an acknowledgment of receipt.
196(2) Each notice given under this section in respect of an application for title to derelict property must indicate that unless the property is brought into compliance with the derelict building by-law within 90 days after the notice is given to the registered owner and the interested persons, a certificate of title to the property will be issued in the name of the city.
Application for substitutional service
196(3) If the city is unable serve a person or obtain an acknowledgement of receipt, the city may apply to the district registrar for an order of substitutional service.
Directions for substitutional service
197(1) If the city makes application for an order of substitutional service under clause 192(1)(b) or subsection 196(3), the district registrar may grant the order of substitutional service of the order or notice on any person required to be served with it.
197(2) Proof of compliance with directions for substitutional service on a person of an order or notice required under this Division is deemed to be proof of service of the notice on the person.
No claim in respect of property
198 Every person required under subsection 196(1) to be served with a notice in respect of an application for title to the derelict property who does not, before the expiry of 90 days after receiving the notice under section 196, challenge the derelict building certificate under section 201, is forever estopped and debarred from setting up any claim to or in respect of the property.
199(1) On an application for title to derelict property made by the city and on the expiry of the 90 day period in section 198, the district registrar must issue a certificate of title under The Real Property Act vesting the property in the name of the city, if
(a) the city has filed with the district registrar acknowledgments of receipt or other evidence of service of the notices required under this Division;
(b) the district registrar has received evidence that the property does not comply with the derelict building by-law; and
(c) a pending litigation order under section 201 has not been filed in the land titles office in respect of the property.
199(2) A certificate of title to real property issued under subsection (1) has, in every respect, the same effect as any other certificate of title issued under The Real Property Act and, except as otherwise provided in that Act, extinguishes every interest in, and right in respect of, the property that arose or existed in the property before it was transferred to the city.
District registrar not obliged to inquire
200(1) The district registrar is not obliged to ascertain or inquire into the designation of an employee or the regularity or lawfulness of any proceedings in respect of
(a) a preliminary derelict building order or derelict building certificate issued under a by-law passed under this Division; or
(b) evidence that the property does not comply with the derelict building by-law.
No action against district registrar
200(2) An action does not lie and is not maintainable against the district registrar, the land titles office or the government for damages that may accrue because of an action by the district registrar or the land titles office under this Division.
Setting aside derelict building certificate
201(1) A derelict building certificate shall not be annulled, set aside or declared illegal except on the grounds that
(a) the preliminary derelict building order was not served and filed in accordance with section 192;
(b) the derelict building certificate was not registered in accordance with subsection 193(4); or
(c) the property is not a derelict property.
Action to set aside derelict building certificate
201(2) A person wishing to challenge a derelict property certificate under subsection (1) must, within 30 days after the date the derelict building certificate was registered or within 90 days after receiving notice under section 196,
(a) bring an action in the Court of Queen's Bench to set aside the derelict building certificate; and
(b) obtain a pending litigation order and file it in the land titles office.
DIVISION 5
CORPORATE POWERS
GENERAL POWERS
Rights and liabilities of a corporation
202 Subject to this Act, the city has all the rights and is subject to all the liabilities of a corporation.
203 Where a power is expressly given under this Act to the city or council to do, or enforce the doing of, any act or thing,
(a) all powers that are necessary or convenient to enable the city or council to do, or enforce the doing of, the act or thing are deemed also to have been given to the city or council, as the case may be; and
(b) if the doing by the city or council of any act or thing expressly authorized is dependent on the doing of any other act or thing not expressly authorized, the city or council, as the case may be, has the power to do that other act or thing.
PROPERTY
204 Without limiting the generality of any other provision of this Act, the city may, for its purposes,
(a) acquire, hold, encumber, mortgage, lease, dispose of, and otherwise deal with, land, improvements and personal property, or interests in land, improvements and personal property, whether within or outside the city; and
(b) lease or otherwise authorize the use of space or air rights above or below the established grade level of a street.
205(1) Without limiting the generality of clause 204(a), the city may, for its purposes
(a) acquire property by lease, purchase, exchange or gift, and on terms and conditions acceptable to the city;
(b) expropriate land and improvements in accordance with The Expropriation Act;
(c) acquire and grant options to purchase, lease or sell property;
(d) dispose of, by sale, assignment, lease, exchange or gift, and on terms and conditions acceptable to council, property of the city, or any interest in or right to property, that council considers no longer necessary for the purposes of the city, or in the case of leasing the property, not needed immediately for the purposes of the city;
(e) accept a mortgage or other encumbrance as security for the sale price of property disposed of by the city; and
(f) acquire property offered or transferred to it in partial or full settlement or payment of, or as security for, any indebtedness owing to the city, or any lien or charge on property or any right to such a lien or charge.
Restriction on disposal of park land
205(2) Despite clause (1)(d), no land owned by the city and used for park or cemetery purposes on the day this Act came into force or acquired after that date by the city for park or cemetery purposes may be disposed of without approval by a vote of 2/3 of all members of council.
205(3) Where title to land is vested in the Crown or in the name of the city for the purpose of a street and the possession and control of the land are vested in the city and it is not expedient to construct a street on the land immediately, the city may lease or use the land until it is required for the construction of the street.
205(4) The powers referred to in section 204 and subsections (1) and (3) may be exercised by the city for the purpose of
(a) assembling or assisting in the assembly of land for residential, recreational, commercial or industrial development or redevelopment and for rights-of-way for future streets and land abutting them; and
(b) acquiring additional land as part of a lease, purchase, exchange, gift or expropriation, if for any reason the city considers it advantageous to do so.
Dealing with assembled or acquired land
205(5) The power to assemble or acquire land under subsection (4) includes the power to hold, lease, sell, exchange or otherwise dispose of the land, or any part of it, on such terms and conditions as the city considers advisable.
Entry for expropriation purposes
206(1) Council may, for the purposes of determining whether to expropriate land, authorize an employee or other person to enter upon the land to conduct surveys, appraisals and tests, and a person so authorized may enter upon the land for that purpose.
206(2) A designated employee may enter upon land at a reasonable time for the purpose of making surveys, examinations and tests for locating and setting out the site of proposed works.
206(3) The city is liable for any damage arising from the entry under authority of subsection (2) by a designated employee upon land.
Land owned in other municipalities
207 Subject to the provisions of this Act, where the city holds land in another municipality, the land remains subject to the jurisdiction of that other municipality unless
(a) the city and that other municipality otherwise agree; or
(b) where the land is acquired by expropriation, The Municipal Board otherwise orders under subsection 8(4) of The Expropriation Act.
208 Where works are operated or constructed by the city, the city may grant to any person the right to use the works subject to conditions specified by the city.
PUBLIC SERVICES AND FACILITIES
209(1) Without limiting the generality of any other provision of this Act, the city may for its purposes
(a) acquire, establish, extend, construct, improve, maintain, operate, provide and equip works, services, facilities and utilities within or outside the city;
(b) deal in any by-products resulting from, or incidental to, the operation of any undertaking mentioned in clause (a);
(c) acquire, deal in and use intellectual property, licences, privileges, water power, water power rights and licences and rights and licences to use and extract water;
(d) do all things necessary or required to join any of the city's works to privately owned property and to seal or weatherproof the works;
(e) authorize persons to operate or carry on a commercial or other activity on land owned or controlled by the city; and
(f) use city equipment, materials and labour to provide services or to do work on private property.
209(2) For the purpose of exercising the city's powers under subsection (1), the city may
(a) set terms and conditions under which commodities or services are supplied to consumers or property;
(b) prescribe the method of determining the amount of use or consumption of any of the commodities or services mentioned in clause (a), including the estimating of the use or consumption;
(c) without limiting the generality of section 210, establish, charge and collect prices, rates, fees, deposits and other charges
(i) for the use, consumption by consumers, or provision by the city, of commodities, equipment, works, services or things provided by the city, or
(ii) for the use of, or connection to, works or property owned by, or under the direction, control and management of, the city;
(d) regulate or prohibit the reselling or giving away of any of the commodities or services mentioned in clause (a) or disposing of them in any manner other than consuming them on the property to which they are supplied;
(e) regulate or prohibit the use or the waste of any of the commodities or services mentioned in clause (a), or the taking or using of them fraudulently or in a quantity or at a rate that is greater than is specified in a by-law;
(f) subject to section 183 (warrant for entry), provide for a right of entry by designated employees onto private property for the purpose of connecting, disconnecting or maintaining a service or the means of delivering any of the commodities or services mentioned in clause (a) or for the purpose of reading meters in respect thereof;
(g) provide for the connections that may be made to pipes, wires or equipment belonging to the city for the purpose of obtaining any of the commodities or services mentioned in clause (a) including, without limiting the generality of the foregoing, the number of such connections, the individuals authorized to make the connections, the standards to be met in making the connections and the type of equipment or apparatus to be used in making the connections; and
(h) provide for the discontinuance or the disconnecting of a service or the means of delivering any of the commodities or services mentioned in clause (a) and refusing to provide a service or to deliver those commodities to users or consumers who fail to comply with terms and conditions.
210(1) The city may, if authorized by council, establish
(a) the method of calculating the prices, rates, fees, deposits or other charges, which may vary depending on the type of use or consumption, the quantity used or consumed, or the type of property in which use or consumption takes place; and
(b) fees, and the method of calculating and the terms of payment of fees, for
(i) applications,
(ii) filing appeals under this Act or a by-law,
(iii) permits, licences, consents and approvals,
(iv) inspections,
(v) copies of by-laws and other city records including records of hearings, and
(vi) other matters in respect of the administration of this Act or the administration of the affairs of the city.
210(2) Section 348 (setting penalties) applies, with the necessary modifications, in respect of prices, rates, fees, deposits and other charges established under this section.
Free use of libraries by residents
210(3) Despite any other provision of this Act, the city must permit residents of the city to have free use of the circulating and reference books of every public library and branch that it maintains.
Collection of fees and charges
210(4) A price, rate, fee, deposit or other charge established under this section for the use or consumption of any commodity or service supplied by the city to any person, and any respective penalty or interest prescribed by by-law, is a debt due to the city by the person and
(a) where there is a failure or refusal to pay the debt, payment of the debt may be enforced by the discontinuance or disconnection of the service or the means of delivery of the commodity or service;
(b) is a lien on the property to which the commodity or service was supplied and may be registered in the land titles office by way of caveat against the property; and
(c) may be recovered
(i) in a court of competent jurisdiction,
(ii) by distress and sale of the personal property of the occupant of the property to which it was supplied, wherever the personal property may be found, such distress and sale to be carried out in the same manner, as far as possible, as a distress and sale of personal property of a tenant for unpaid rent, or
(iii) in the case of any such amounts for water supplied or services in connection with water works or wastewater, by adding the amount thereof to real property taxes imposed by the city on the real property to which the water was supplied, and collected in the same manner and with the same priorities as those real property taxes.
Rates for services and commodities
210(5) Despite The Public Utilities Board Act, the city may, as provided in this Act, establish prices, rates, fees, deposits or other charges for any commodity or service that the city supplies and, for that purpose, the city need not obtain any approval from The Public Utilities Board, the intention being that the city may establish such amounts and use the revenues therefrom for the general purposes of the city and not solely for the purposes of offsetting any costs related to supplying the commodity or service.
AGREEMENTS
211 The city may enter into agreements with the Government of Manitoba or the Government of Canada, or an agency of either of those governments, with a band as defined in the Indian Act (Canada), with a school authority or another municipality either in Manitoba or in any other province, or with any person
(a) to obtain property or services required for the operations of the city;
(b) to provide property or services in the city or outside the city; or
(c) to do any of those things jointly with the other parties to the agreements.
CONTROL OF CORPORATIONS
212(1) For the purposes of this section, the city controls a corporation if
(a) it is incorporated by the city;
(b) the majority of the members of which, or the majority of the members of the board of management or board of directors of which,
(i) are appointed by council, or
(ii) if not appointed by council, are in the discharge of their duties, employees of the city or are, directly or indirectly, responsible to the city; or
(c) that is controlled by the city through direct or indirect ownership of 50% or more of the shares in its capital stock that carry the right to vote.
Regulations re: establishing corporations
212(2) The minister may make regulations
(a) respecting information that must be provided to the minister before the city may control a corporation;
(b) governing the control of a corporation by the city, including
(i) the purposes for which it may carry on activities, and
(ii) terms and conditions that apply when the city controls a corporation; and
(c) providing that certain corporations may not be controlled by the city unless the minister's approval is first obtained.
212(3) In accordance with the regulations, the city may incorporate or control a corporation.
212(4) A regulation under this section may apply to one corporation or one approval or may be general.
Restrictions re corporate matters
213 Nothing in subsection 7(1) authorizes the city to
(a) incorporate a corporation or nominate or authorize a person to act as an incorporator of a corporation;
(b) acquire any interest in, or guarantee or exercise any power as a holder of, a security of a corporation; or
(c) indemnify or guarantee the liability of another person.
PROCUREMENT POLICY
214(1) In this section "procurement" means the acquisition by contract of goods or services by purchase, hire-purchase, lease, rental or other agreement.
214(2) Council may establish a procurement policy for the city.
214(3) Without limiting the generality of subsection (2), a procurement policy may
(a) establish criteria for soliciting procurements by competitive bids;
(b) establish forms of contract and determine when they are to be used;
(c) govern awards of contracts of procurement; and
(d) establish ethical standards for persons involved in procurement by the city.
SPECIAL SERVICE UNITS
Establishing special service units
215(1) Council may establish special service units to provide a commodity or service within or outside the city, and any activity engaged in by such a special service unit is deemed to be an exercise of the powers granted under this Act for the attainment of the purposes of the city.