SM 2002, c. 39
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| PART 6
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| PLANNING AND DEVELOPMENT
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| DIVISION 1
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| PLANS
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| PLAN WINNIPEG
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| 224
| Adoption of Plan Winnipeg
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| 225(1)
| Initiation of amendments to Plan Winnipeg
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| (2)
| Right to hearing
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| (3)
| Application may be refused
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| 226(1)
| Periodic review
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| (2)
| Minister's order to review
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| (3)
| Method of review
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| (4)
| By-law to be re-enacted, amended or replaced
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| (5)
| Conformance with provincial land use policies
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| PLAN WINNIPEG BY-LAWS
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| 227(1)
| Hearings on Plan Winnipeg by-laws
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| (2)
| Second reading of proposed by-law
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| 228(1)
| Submission to minister
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| (2)
| Notice of second reading
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| MINISTER'S ACTIONS
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| 229(1)
| Decision of minister
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| (2)
| Referral to Municipal Board
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| (3)
| Where by-law approved by minister
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| 230(1)
| Hearing by Municipal Board
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| (2)
| Adoption after Municipal Board report
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| 231
| Forwarding copy of by-law to minister
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| 232(1)
| Referral of Plan Winnipeg by-law to L. G. in C.
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| (2)
| Enactment of by-law by L. G. in C.
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| 233
| Public notice of Plan Winnipeg by-law
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| SECONDARY PLANS
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| 234(1)
| Adoption of secondary plans
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| (2)
| Conformity with Plan Winnipeg
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| (3)
| Hearing on secondary plan by-law
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| EFFECT OF PLAN BY-LAWS
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| 235
| Compliance with plan by-laws
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| DIVISION 2
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| DEVELOPMENT
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| 236(1)
| Council to pass zoning by-laws
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| (2)
| Content of zoning by-law
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| (3)
| Hearing on zoning by-law
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| 237
| Where non-conforming use not permitted
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| 238
| Effect of zoning by-law on caveats
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| 239
| Amendment required by Municipal Board
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| DEVELOPMENT AGREEMENTS
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| 240(1)
| Authority for development agreements
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| (2)
| Registration of agreement in L.T.O.
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| (3)
| Agreement binding on successors
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| (4)
| Timing of agreement and by-law
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| NON-CONFORMING USES
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| 241(1)
| Previously conforming building and use continued
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| (2)
| What constitutes existing building
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| 242
| Certificate may be issued
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| 243(1)
| Limitation on alteration or addition
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| (2)
| Damaged non-conforming building
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| 244(1)
| Non-conforming use ending after 12 months
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| (2)
| Effect of change of ownership on use
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| 245(1)
| Cancellation of permits
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| (2)
| Expenses where permit cancelled
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| (3)
| Arbitration
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| 246(1)
| Withholding permit
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| (2)
| Extension of withholding
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| (3)
| Compensation
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| VARIANCES
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| 247(1)
| Approval of variances
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| (2)
| Authority respecting variances
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| (3)
| Criteria for approving variances
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| (4)
| Restrictions on variances
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| 248(1)
| Disposition of applications for variances
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| (2)
| Submissions before setting conditions
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| 249
| Procedure by planning commission
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| 250(1)
| Notice of decision
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| (2)
| Notice of decision by planning commission
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| 251(1)
| Appeals on variances
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| (2)
| Appeals to committee of council
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| (3)
| Procedure for appeal
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| 252
| Termination of variances
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| CONDITIONAL USES
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| 253(1)
| Approval of conditional uses
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| (2)
| Authority respecting conditional uses
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| 254
| Procedure for applications for conditional uses
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| SUBDIVISION STANDARDS
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| 255(1)
| Subdivision standards by-law
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| (2)
| Content of standards by-law
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| (3)
| Referral of proposed subdivision standards by-law for report
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| SUBDIVISION APPROVALS
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| 256(1)
| Delegation to committee of council
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| (2)
| Hearing on certain applications
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| 257(1)
| Restriction on approvals of plans of subdivision
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| (2)
| Submission before setting conditions
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| 258
| Effect of approval by committee or employee
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| 259(1)
| Conditions for plans of subdivision
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| (2)
| Effect of agreement
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| CONSENTS FOR REGISTRATION OF INSTRUMENTS
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| 260(1)
| Authority to grant consents
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| (2)
| Consent to dealing with land
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| (3)
| Submission before setting conditions
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| 261(1)
| Certificate of consent
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| (2)
| Expiry of consent
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| DISPOSITION OF CONVEYED LAND
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| 262(1)
| Land conveyed to city
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| (2)
| Money received by city
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| RESTRICTION ON INSTRUMENTS EFFECTING SUBDIVISION
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| 263(1)
| Instruments not to be accepted
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| (2)
| Instruments void
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| (3)
| Exceptions to subsections (1) and (2)
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| (4)
| Contiguity of land
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| (5)
| Easement not a subdivision
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| 264
| Unregistered instrument effecting subdivision
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| OBSOLETE PLANS OF SUBDIVISION
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| 265(1)
| Declaration respecting expiry of plans
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| (2)
| Notice of by-law
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| (3)
| Registration of by-law
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| (4)
| Coming into force of by-law
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| EXPIRY OF APPROVAL
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| 266(1)
| Registration of plan of subdivision in L.T.O.
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| (2)
| Time of approval
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| SUBDIVISION IN FLOODWAY AREAS
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| 267(1)
| Restriction on subdivisions in floodway area
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| (2)
| Agreements re land in floodway areas
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| (3)
| Registration and amendment of agreement
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| FILING OF CAVEATS
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| 268(1)
| Caveat respecting agreements
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| (2)
| Withdrawal of caveats
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| DIVISION 3
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| AIRPORT VICINITY PROTECTION AREA
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| ESTABLISHMENT AND REGULATIONS
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| 269(1)
| Regulations re protection of airport vicinity
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| (2)
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| (3)
| Compliance with regulations under subsection (1)
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| 270(1)
| Referral to Municipal Board
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| (2)
| Hearing by Municipal Board
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| (3)
| Restriction on adoption of by-law
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| DEVELOPMENT IN AIRPORT AREA
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| 271
| Zoning by-laws in airport vicinity protection area
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| 272
| Application of section 270
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| DIVISION 4
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| PLANNING COMMISSION
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| 273(1)
| Establishment of planning commission
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| (2)
| Application
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| 274(1)
| Powers, duties and functions of commission
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| (2)
| Committee of council duties assigned to commission
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| (3)
| Planning commission to act by resolution
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| DIVISION 5
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| PROCEDURES
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| DEVELOPMENT
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| 275(1)
| Initiation of development proposals
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| (2)
| Rejection of applications
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| ERRORS AND CORRECTIONS
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| 276
| Amendments for errors or corrections
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| NOTICE OF HEARING
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| 277
| Notices of hearings
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| COMBINED HEARINGS
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| 278(1)
| Combined hearings and notices
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| (2)
| Combinations of hearings
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| (3)
| Exercise of powers where hearings combined
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| AVAILABILITY OF MATERIALS
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| 279
| Material available for inspection
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| HEARING BODIES
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| 280(1)
| Recommendations by hearing body
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| (2)
| Decisions by hearing body
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| (3)
| Notice of report to council
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| PASSING OR REJECTING BY-LAWS
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| 281
| Consideration of recommendation re by-law
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| 282
| Notice respecting by-law
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| PART 7
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| FINANCIAL ADMINISTRATION
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| DIVISION 1
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| BUDGETS
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| 283
| Fiscal year
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| 284(1)
| Annual operating budget
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| (2)
| Capital budget and forecast
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| (3)
| Manner and form
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| 285(1)
| Content of operating budget
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| (2)
| Expenditures not to exceed revenues
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| 286
| Content of capital budget and capital forecast
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| 287
| Grants to city
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| DIVISION 2
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| EXPENDITURES
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| 288(1)
| Expenditures
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| (2)
| Expenditures before budget adopted
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| (3)
| Expenditures for purposes not set out in budget
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| 289(1)
| Reserve funds
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| (2)
| Definition of "financial institution"
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| (3)
| Investment of reserve funds
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| (4)
| Restriction on use of reserve funds
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| DIVISION 3
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| INVESTMENTS
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| 290
| Investment of money
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| 291(1)
| Financial agreements
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| (2)
| Policy for financial agreements
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| (3)
| Changes in the policy must be approved
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| DIVISION 4
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| BORROWING
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| 292
| Definition of "relevant sinking fund account"
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| GENERAL AUTHORITY
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| 293
| Temporary borrowing
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| 294(1)
| Long-term borrowing authority
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| (2)
| Approval of Minister of Finance required
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| (3)
| Details in application
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| (4)
| Consideration by Minister of Finance
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| 295(1)
| Reference to Municipal Board
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| (2)
| Report of Municipal Board
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| 296
| Notification to city
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| 297
| Borrowing must complies with conditions
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| CITY SECURITIES
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| 298(1)
| Powers and duties of chief financial officer re city securities
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| (2)
| Terms and conditions of city securities
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| (3)
| Other powers respecting city securities
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| (4)
| No preferences
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| 299(1)
| Chief financial officer to report
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| (2)
| Payments under city securities
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| (3)
| Application re obligation to levy and raise amounts
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| (4)
| Payments into sinking fund
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| 300(1)
| Policy for variable interest rate securities
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| (2)
| Changes in the policy must be approved
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| 301(1)
| Use of money received
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| (2)
| Money not required
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| (3)
| Reduction of levies etc.
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| (4)
| Full amount recoverable
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| 302
| Refinancing city securities
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| 303(1)
| Consolidating securities by-laws
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| (2)
| Contents of by-law
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| SINKING FUNDS
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| 304(1)
| Limitation on use of sinking funds
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| (2)
| Deficiency in sinking fund
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| 305
| Chief financial officer's duties re sinking funds
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| 306(1)
| Management of sinking funds
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| (2)
| Payments from sinking fund account
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| (3)
| Surpluses in sinking fund account
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| 307(1)
| Establishment of Sinking Fund Committee
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| (2)
| Powers and duties of Sinking Fund Committee
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| (3)
| Chief financial officer may not delegate
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| FOREIGN CURRENCIES
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| 308(1)
| Borrowing in foreign currencies
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| (2)
| Calculation of amount
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| LIABILITY
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| 309(1)
| Restrictions
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| (2)
| Unused borrowing authority may be rescinded
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| 310
| Liability on local improvement securities
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| 311
| Defect in form
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| MISCELLANEOUS
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| 312
| Application of section 86 of Municipal Board Act
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| 313
| Evidence respecting city securities
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| FINANCIAL STATEMENTS
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| 314
| Annual financial statements
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| PART 8
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| ASSESSMENT, TAXATION AND OTHER LEVIES ON PROPERTY
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| 315(1)
| Definitions
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| (2)
| Definitions in Municipal Assessment Act apply
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| DIVISION 1
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| ASSESSMENT
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| BUSINESS ASSESSMENT
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| 316(1)
| Municipal Assessment Act applies
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| (2)
| All businesses to be assessed
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| (3)
| Exception
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| 317
| Specific exemptions
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| 318(1)
| Annual rental value to include cost of services
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| (2)
| Basis of annual rental value
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| (3)
| Determining annual rental value
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| 319(1)
| Subtenants and assessment
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| (2)
| Filling stations
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| (3)
| Gas distribution system
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| LICENCE IN LIEU OF BUSINESS TAX
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| 320(1)
| By-law requiring licence
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| (2)
| Collection of licence in lieu fees
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| MOBILE HOME LICENCES
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| 321(1)
| By-law requiring licence of mobile homes
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| (2)
| No licence for tourists
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| (3)
| Collection of mobile home licence fees
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| ADJUSTMENTS IN BUSINESS TAX
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| 322(1)
| Adjustment of business tax on reassessment
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| (2)
| Limitation on by-law under subsection (1)
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| UTILITY CORPORATIONS' PROPERTY
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| 323(1)
| Utility corporations' property assessments
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| (2)
| Liability of corporation for other tax
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| 324
| Telephone companies
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| ASSESSMENT ROLLS
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| 325(1)
| Completion of assessment rolls
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| (2)
| Form of rolls
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| 326
| Certification of rolls
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| 327
| Defects do not invalidate
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| 328
| Assessment rolls valid and binding
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| REVISION OF ASSESSMENT
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| 329
| Rolls subject to revision
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| 330(1)
| Change in taxes payable
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| (2)
| Change in tax after revision
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| 331
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| DIVISION 2
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| TAXATION
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| LIABILITY FOR TAXES
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| 332(1)
| Liability for real property taxes
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| (2)
| Liability for business tax or fee
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| (3)
| Liability of owner for business tax
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| (4)
| Partnerships
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| (5)
| Joint liability
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| (6)
| Business tax not a charge on real property
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| LIABILITY OF CITY FOR TAXES
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| 333(1)
| Exemption from taxation
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| (2)
| Agreements regarding taxes
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| (3)
| Taxes payable in certain cases
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| IMPOSING TAXES
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| 334(1)
| Fixing property, personal and business tax rates
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| (2)
| Fixing local improvement and frontage tax rates
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| (3)
| By-laws re payment of taxes
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| (4)
| By-law may specify purpose of instalment
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| (5)
| Restriction on discounts
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| (6)
| Application of prepayment
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| 334.1(1)
| Establishing classes for purposes of business tax
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| (2)
| Different rates for different classes
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| (3)
| Corrections — business tax rate
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| (4)
| Provisions that apply to corrections
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| (5)
| Appeal
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| 335
| Taxes imposed on January 1
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| TAX ROLLS
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| 336
| Preparation of tax rolls
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| 337(1)
| Tax rolls may be combined
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| (2)
| Tax roll may be combined with assessment roll
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| 338
| Form of rolls
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| 339(1)
| Content of tax roll
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| (2)
| Assessed value re community revitalization property
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| 340(1)
| Cancellation or reduction of taxes
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| (2)
| Amended tax notice
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| (3)
| Refunds
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| (4)
| Period of refunds
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| 341(1)
| Supplementary taxes
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| (2)
| Rates of supplementary taxes
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| (3)
| Period of supplementary taxes
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| (4)
| Liable for supplementary taxes only while owner
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| 342
| Supplementary tax notice
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| 343(1)
| Validity of tax rolls
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| (2)
| Adjustments to tax rolls
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| TAX NOTICES AND COLLECTION
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| 344(1)
| Issuing tax notices
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| (2)
| Entry of date of notice
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| (3)
| Material with tax notices
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| TAXES RE SUBDIVISIONS
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| 345(1)
| If land in tax arrears subdivided
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| (2)
| If plans of subdivision cancelled
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| TAXES PAID BY MISTAKE
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| 346
| Refund and charging
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| CANCELLATION OF TAXES
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| 347
| Council may cancel taxes
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| PENALTIES AND INTEREST
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| 348(1)
| Council may set penalties
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| (2)
| Collection of penalties
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| (3)
| Penalty applies in spite of appeal
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| 349
| Interest on refunds
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| DIVISION 3
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| COLLECTION OF TAX ARREARS AND DEBTS
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| GENERAL
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| 350
| Payments on tax arrears
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| 351(1)
| Collection remedies
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| (2)
| Debt owing to city
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| (3)
| Evidence of taxes payable
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| 352(1)
| Tax certificate
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| (2)
| Certificate binding
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| LIENS FOR TAXES
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| 353(1)
| Special lien on land and improvements
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| (2)
| Special lien on personal property
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| (3)
| No registration and priority of lien
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| (4)
| No lien on land for business tax etc.
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| (5)
| No lien on goods on consignment or in storage
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| 354(1)
| Priority in bankruptcy
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| (2)
| Personal property of bankrupt liable
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| DISTRAINT AND SALE OF PERSONAL PROPERTY
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| 355
| Sale or distraint for lien under subsection 353(2)
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| 356(1)
| Distress and sale for taxes
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| (2)
| Sale and right of distraint
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| (3)
| Distress and sale to be by tax collector
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| (4)
| Right of entry of person levying distress
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| 357(1)
| Restriction on distraint
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| (2)
| Where subsection (1) not to apply
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| 358(1)
| Persons in possession to pay taxes
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| (2)
| Distraint for real property taxes
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| (3)
| Exception
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| 359
| Acknowledgment
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| 360
| Release not to prejudice city
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| 361
| Limit on liability for distrained property
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| 362(1)
| Sale of distrained goods
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| (2)
| Notice of sale
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| 363(1)
| Proceeds of sale of seized property
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| (2)
| Where person entitled not known
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| 364(1)
| Application to court re seizure
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| (2)
| Order on application
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| MISCELLANEOUS REMEDIES
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| 365
| Assets insufficient to cover taxes
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| 366(1)
| Building not to be removed if taxes unpaid
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| (2)
| Transfer of taxes
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| 367(1)
| Tenant required to pay rent to city
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| (2)
| Effect of payment by tenant
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| 368
| Action by tenant to recover taxes paid
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| 369(1)
| Insurance money applied to taxes
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| (2)
| Limitation on application of subsection (1)
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| (3)
| Application of insurance money
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| (4)
| Insurers to notify tax collector
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| DIVISION 4
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| TAX SALES FOR REAL PROPERTY TAXES
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| 370
| Definitions
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| 371
| Land liable to tax sale
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| 372
| Description of land
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| 373
| Tax arrears list
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| 374
| Preliminary steps to tax sale
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| 375
| Where title vested in Crown
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| 376(1)
| First notice to registered owner
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| (2)
| Second notice to registered owner
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| (3)
| Manner of giving notice
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| 377(1)
| Prior right of city to purchase
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| (2)
| Purchase money not needed
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| 378(1)
| Sale by auction
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| (2)
| Auction may be adjourned
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| (3)
| Where bidder doesn't pay immediately
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| 379
| Restriction on bidders
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| 380
| Return to district registrar
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| 381
| Purchaser to pay all unpaid taxes
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| 382(1)
| Tax sale certificate
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| (2)
| Modified certificate
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| 383(1)
| Statement of payment of balance
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| (2)
| Where balance not paid
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| 384(1)
| Rights of tax purchaser
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| (2)
| Right of city to enter unoccupied real property
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| 385(1)
| Assignment of tax sale certificate
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| (2)
| Rights of assignee
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| (3)
| Tax purchaser may be required to assign
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| (4)
| Priorities of rights
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| (5)
| No requisition to person with prior right
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| (6)
| Application to court
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| REDEMPTION THROUGH CITY
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| 386(1)
| Redeeming by payment to city
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| (2)
| Actions on redemption
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| (3)
| Payment without tax sale certificate
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| 387
| Continuing assessment and taxation
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| 388
| When rights of tax purchaser cease
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| REDEMPTION THROUGH LAND TITLES OFFICE
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| 389
| Return to L.T.O.
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| 390
| Redeeming by payment to district registrar
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| 391(1)
| District registrar's duties
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| (2)
| Money not subject to attachment
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| 392
| Payment by city to tax purchaser
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| REDEMPTION BY INSTALMENTS
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| 393(1)
| Authority for instalments
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| (2)
| Copy of agreement to district registrar
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| (3)
| Agreement not to affect other remedies
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| (4)
| Default under agreement
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| (5)
| Power of city to assign tax sale certificate
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| (6)
| Effect of agreement on tax purchaser
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| TRANSFER OF TITLE
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| 394(1)
| Tax purchaser's application for title
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| (2)
| How application to be treated
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| (3)
| Failure to make application
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| 395(1)
| Notice to interested persons of application for title
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| (2)
| Contents of notice
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| (3)
| Proof of service
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| (4)
| Directions for substitutional service
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| (5)
| Compliance with directions
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| (6)
| Fixing date of service
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| 396
| Persons entitled to redeem
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| 397(1)
| Issue of title
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| (2)
| Validity of title
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| 398(1)
| District registrar not obliged to inquire
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| (2)
| No action against district registrar
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| 399
| Withdrawal by city
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| CHANGING BUILDING RESTRICTION COVENANTS
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| 400(1)
| Effect on building restriction covenants
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| (2)
| Notice of by-law
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| PROCEEDS OF TAX SALE
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| 401(1)
| Surplus proceeds
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| (2)
| Priority of claims to excess
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| (3)
| Proceeds of a tax sale to city
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| (4)
| Excess not paid out
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| SETTING ASIDE TAX SALE
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| 402(1)
| Grounds for setting aside tax sale
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| (2)
| Where sale set aside
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| 403
| Action to set aside tax sale
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| MISCELLANEOUS
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| 404
| Forms and fees for land titles office
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| 405
| Application of Real Property Act
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| DIVISION 5
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| LOCAL AND DISTRICT IMPROVEMENTS
|
| 406
| Definitions
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| LOCAL IMPROVEMENTS
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| 407(1)
| Determination of real property benefited
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| (2)
| Different determination for different improvements
|
| 408
| Initiation of local improvement
|
| 409(1)
| Notice of proposal
|
| (2)
| Property not fronting on improvement
|
| (3)
| Contents of notice
|
| (4)
| When notice and hearing not required
|
| 410(1)
| Where city's real property benefited
|
| (2)
| Where real property benefited is exempt
|
| 411
| Effect of objections
|
| 412(1)
| By-law authorizing local improvement
|
| (2)
| Calculating local improvement taxes
|
| (3)
| Exceptional cases
|
| 413(1)
| Appeal in exceptional cases
|
| (2)
| Powers on appeal
|
| (3)
| Adding real property for local improvement
|
| (4)
| Notice to owner
|
| 414
| Determining local improvement taxes
|
| 415
| Cost borne by city
|
| 416
| Effect of subdivisions and other property changes
|
| 417
| Improvement in middle of street
|
| 418
| Eligible costs
|
| 419
| Adjustment for property needed for improvement
|
| 420
| Additional charges
|
| 421(1)
| Reconstruction of private works
|
| (2)
| Costs collected in same manner
|
| 422(1)
| Consolidated by-laws
|
| (2)
| Provisions of consolidating by-law
|
| 423(1)
| Power to defer charges
|
| (2)
| Notice of deferment
|
| 424
| Commuting charges
|
| 425
| Collection of local improvement taxes
|
|
| LOCAL IMPROVEMENT DISTRICTS
|
| 426(1)
| Initiation of district proposal
|
| (2)
| Contents of district proposal
|
| 427
| Referral to committee
|
| 428(1)
| Action by council after hearing
|
| (2)
| Notice of proposed by-law
|
| (3)
| Contents of notice
|
| 429
| Effect of objections
|
| 430(1)
| District improvements by-laws
|
| (2)
| Methods of levying
|
| (3)
| Entire cost paid by local improvement taxes
|
| 431
| Application of certain provisions
|
|
| DIVISION 6
|
|
| FRONTAGE TAXES
|
| 432(1)
| By-laws for frontage taxes
|
| (2)
| Uniform rate established
|
| (3)
| Application of uniform rate
|
| (4)
| How frontage taxes may be used
|
| 433
| Collection of frontage taxes
|
|
| DIVISION 7
|
|
| BUSINESS IMPROVEMENT ZONES
|
| 434
| Definitions
|
| 435
| Purpose of business improvement zone
|
| 436(1)
| Establishment of business improvement zones
|
| (2)
| Content of by-law establishing a zone
|
| 437
| Policies and procedures for zones
|
| 438(1)
| Annual budgets must be approved by by-law
|
| (2)
| Circumstance where budget may not be approved
|
| 439(1)
| Tax in zone
|
| (2)
| Collection of charges
|
| 440(1)
| Expenditures by boards
|
| (2)
| Indebtedness
|
| (3)
| Unexpended funds
|
|
| DIVISION 8
|
|
| ELECTRICITY AND GAS TAX
|
| 441(1)
| Definitions
|
| (2)
| Determination of base load
|
| 442(1)
| Tax on electricity and gas
|
| (2)
| Exceptions
|
| 443(1)
| Due date for payment
|
| (2)
| Seller is collector
|
| (3)
| Part of cent
|
| 444
| Refund of money paid as tax
|
| 445
| Recovery of tax from collector
|
| 446
| Remedies
|
| 447
| Seller not to remit tax to purchaser
|
| 448
| Disclosure of tax
|
| 449(1)
| Reports and remission of tax by sellers
|
| (2)
| Powers for collector
|
| (3)
| Estimates if no return by seller
|
| (4)
| Compensation to sellers
|
| (5)
| Purchaser to assume duties of seller
|
| (6)
| Owner of distribution system
|
| 450
| Liability for acts of employees
|
|
| PART 9
|
|
| OFFICIAL LANGUAGES OF MUNICIPAL SERVICES
|
| 451(1)
| Definitions
|
| (2)
| Meaning of "official languages"
|
| 452(1)
| General obligation of city
|
| (2)
| Interpretation
|
| (3)
| Limitation of obligation
|
|
| PROCEEDINGS OF COUNCIL AND ITS COMMITTEES
|
| 453(1)
| Use of French in council and its committees
|
| (2)
| Notice
|
|
| COMMUNICATION AT CITY OFFICES
|
| 454(1)
| Official languages at City Hall
|
| (2)
| Official languages at designated locations
|
| (3)
| Written communications
|
| (4)
| Subsequent communications
|
| (5)
| St. Boniface office
|
|
| MUNICIPAL SERVICES
|
| 455(1)
| Application
|
| (2)
| Receipt of municipal services in St. Boniface Ward
|
| (3)
| Municipal services for designated area
|
| (4)
| Subsequent communications
|
|
| BILINGUAL DOCUMENTS
|
| 456(1)
| Notices, statements etc.
|
| (2)
| Forms and brochures
|
| 457(1)
| Publication of notices and advertisements
|
| (2)
| Public notices may be published separately
|
| (3)
| Cost of publication
|
|
| BILINGUAL SIGNS
|
| 458(1)
| Signs respecting municipal services
|
| (2)
| General information signs
|
| (3)
| Street and traffic signs
|
|
| ACCESS GUIDE
|
| 459(1)
| Contents of access guide
|
| (2)
| Availability of access guide
|
| (3)
| Updating access guide
|
|
| IMPLEMENTATION
|
| 460(1)
| By-law for implementation
|
| (2)
| Priority services
|
|
| ADMINISTRATION
|
| 461
| French language co-ordinator
|
| 462
| Annual report to minister
|
|
| COMPLAINTS
|
| 463
| Complaint to ombudsman
|
|
| PART 10
|
|
| LEGAL MATTERS
|
|
| DIVISION 1
|
|
| CHALLENGING BY-LAWS, RESOLUTIONS AND ORDERS
|
| 464
| "By-law" defined
|
| 465(1)
| Application for declaration of invalidity
|
| (2)
| Applicant's requirements
|
| (3)
| Order
|
| (4)
| No declaration on certain grounds
|
| 466(1)
| Limit on application re securities by-law
|
| (2)
| Effect of application re securities by-law
|
| 467
| Application of section 465 to committees
|
|
| DIVISION 2
|
|
| PROPERTY AND LIABILITY OF CITY
|
|
| GENERAL
|
| 468
| "Public facility" defined
|
| 469
| City's assets not subject to seizure
|
| 470
| Payments to persons indebted to city
|
| 471
| Effect of formal defects
|
| 472
| Exercise of discretion
|
| 473
| Liability for remedying contraventions
|
| 474
| Negligent supervision by others
|
|
| STREETS
|
| 475(1)
| Streets to be kept in repair
|
| (2)
| Restriction on responsibility
|
| (3)
| Restrictions on liability
|
| 476
| Nuisance on street
|
| 477(1)
| Liability for private works
|
| (2)
| No interference with liability and no vested rights
|
| (3)
| Rights of city respecting private works in streets
|
| 478
| Persons obstructing to indemnify city
|
| 479
| Agreement has no effect on city's liability
|
| 480
| Claim for change in street level
|
| 481
| Registering changes in street names
|
|
| PUBLIC FACILITIES
|
| 482
| Limited liability for public facilities
|
|
| BUILDING INSPECTIONS
|
| 483(1)
| Requests for inspections
|
| (2)
| Negligent inspections
|
| (3)
| Certification by professionals
|
| (4)
| Matters beyond scope of inspection
|
| (5)
| Failure to comply with conditions
|
| (6)
| Failure to prevent or limit loss
|
| 484
| Inspection not a guarantee
|
|
| DELIVERY OF COMMODITIES OR SERVICES
|
| 485(1)
| Discontinuance or interruption
|
| (2)
| Interrupted supplies
|
| (3)
| Damages caused by quality of water
|
| 486
| No liability for certain water overflows
|
| 487
| No liability for certain nuisances
|
|
| DERELICT VEHICLES
|
| 488
| Protection from liability
|
|
| COMPUTATION OF TIME AND LIMITATION PERIODS FOR ACTIONS AGAINST CITY
|
| 489
| Holidays
|
| 490(1)
| Limitation on actions respecting streets
|
| (2)
| Falls due to snow or ice
|
| 491
| Limitation on actions respecting public facilities
|
| 492(1)
| Notice not required in case of death
|
| (2)
| Requirement of notice
|
| 493(1)
| Limitation of actions respecting works
|
| (2)
| Limitation of actions respecting signs
|
| 494
| Limitation of actions respecting taxes
|
| 495(1)
| Appeals re planning or development
|
| (2)
| Time for appeal
|
| (3)
| Proceedings on appeal
|
|
| DIVISION 3
|
|
| LIABILITY AND INDEMNIFICATION OF MEMBERS OF COUNCIL, EMPLOYEES, VOLUNTEERS AND MEMBERS OF AFFILIATED BODIES
|
|
| UNAUTHORIZED EXPENDITURES
|
| 496(1)
| Offence
|
| (2)
| Civil liability of members of council
|
| (3)
| Joint and several liability
|
| (4)
| Action by city or voter
|
| (5)
| Exception for expenditures in state of emergency
|
|
| ACTS DONE IN GOOD FAITH
|
| 497(1)
| Liability restricted
|
| (2)
| Exception for defamation
|
| (3)
| Liability of city
|
|
| INSURANCE
|
| 498
| City may take out insurance
|
|
| DIVISION 4
|
|
| CITY RECORDS
|
| 499
| Authentication of by-law
|
| 500(1)
| Execution of documents
|
| (2)
| Execution of documents where no by-law in force
|
| 501(1)
| Definition of "city record"
|
| (2)
| Admissibility of certified copies
|
| (3)
| Admissibility of record in converted form
|
| (4)
| Certificate
|
| (5)
| Judicial notice
|
| 502
| Proof of certain facts
|
|
| DIVISION 5
|
|
| SPECIFIC PROVISIONS RESPECTING PROSECUTIONS
|
| 503
| Prosecution of corporation
|
| 504(1)
| Proof of carrying on business
|
| (2)
| Advertisement or announcement as evidence
|
| 505(1)
| Definition of "transient trader"
|
| (2)
| Onus re carrying on business
|
| 506
| Presumption re litter
|
| 507
| Proof of by-law
|
|
| BOARDED-UP BUILDINGS
|
| 508
| Proof of boarding up
|
|
| ANIMALS
|
| 509(1)
| Meaning of "running at large"
|
| (2)
| Offence re dogs running at large
|
| (3)
| Onus on prosecution
|
| 510(1)
| Animal causing damage
|
| (2)
| Procedure
|
|
| DIVISION 6
|
|
| EXEMPTION ORDERS
|
| 511
| Exemption by L.G. in C.
|
| 512(1)
| Hearing required
|
| (2)
| Purpose of hearing
|
| (3)
| Notice and adjournment of hearing and report
|
|
| DIVISION 7
|
|
| MISCELLANEOUS
|
|
| RECOVERY OF COSTS IN LEGAL PROCEEDINGS
|
| 513
| Authority to recover costs
|
|
| NOXIOUS WEEDS ACT
|
| 514(1)
| Application of Noxious Weeds Act
|
| (2)
| Costs of weed destruction
|
|
| RESTRICTIONS ON FLOOD ASSISTANCE
|
| 515(1)
| No right to flood assistance
|
| (2)
| Building in designated floodway area
|
| (3)
| Government assistance in floodway fringe area
|
| (4)
| City assistance in floodway fringe area
|
|
| DISCHARGE OF BUILDING RESTRICTIONS
|
| 516(1)
| Definitions
|
| (2)
| City may discharge instruments
|
| (3)
| Specific process
|
|
| PART 11
|
|
| TRANSITIONAL AND CONSEQUENTIAL AMENDMENTS
|
|
| MATTERS UNDER FORMER ACT
|
| 517
| Definition of "former Act"
|
| 518(1)
| Continuation of by-laws, resolutions
|
| (2)
| Restriction
|
| 519(1)
| Appointments and other decisions
|
| (2)
| Plans, licences, permits, approvals and authorizations
|
| (3)
| Agreements and contracts
|
| (4)
| Reserves funds under former Act
|
| (5)
| Borrowing
|
| (6)
| Continuation of tax and penalty
|
| (7)
| Tax rolls and tax notices
|
| (8)
| Tax sales and redemptions
|
| (9)
| Hearings and applications begun
|
| 520(1)
| Sinking Fund Trustees continued
|
| (2)
| Trustees continued
|
| (3)
| Limitation
|
| 521
| Investments and liabilities
|
|
| ST. BONIFACE MUSEUM BOARD
|
| 522
| Museum board continues to operate museums
|
|
| REGULATIONS
|
| 523(1)
| L. G. in C. Regulations
|
| (2)
| Timing of regulations
|
|
| CONSEQUENTIAL AMENDMENTS
|
| 524 to 535
|
|
|
| UNPROCLAIMED AMENDMENTS RESPECTING PENSIONS
|
| 536
|
|
|
| PART 12
|
|
| REPEAL, CITATION AND COMING INTO FORCE
|
| 537
| Repeal
|
| 538
| Citation
|
| 539(1)
| Coming into force
|
| (2)
| Coming into force: section 536
|