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
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| 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
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| 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
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| 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
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| 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
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| Where non-conforming use not permitted
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| 238
| (1)
| Effect of zoning by-law on caveats
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|
| (2)
| Development scheme is a restriction
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| 239
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| 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
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| 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
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| 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
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| 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)
| Repealed
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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
|
| 271
|
| Zoning by-laws in airport vicinity protection area
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| 272
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| 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
|
| 275
| (1)
| Initiation of development proposals
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|
| (2)
| Rejection of applications
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| ERRORS AND CORRECTIONS
|
| 276
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| Amendments for errors or corrections
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| NOTICE OF HEARING
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| 277
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| 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
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| 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
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| Consideration of recommendation re by-law
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| 282
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| 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
|
| 283
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| 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
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| Grants to city
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| DIVISION 2
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| EXPENDITURES
|
| 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
|
| 290
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| 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
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| Definition of "relevant sinking fund account"
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| GENERAL AUTHORITY
|
| 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
|
| 295
| (1)
| Reference to Municipal Board
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|
| (2)
| Report of Municipal Board
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| 296
|
| Notification to city
|
| 297
|
| Borrowing must complies with conditions
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| CITY SECURITIES
|
| 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
|
| 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
|
| 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
|
| 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
|
| 304
| (1)
| Limitation on use of sinking funds
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|
| (2)
| Deficiency in sinking fund
|
| 305
|
| Chief financial officer's duties re sinking funds
|
| 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
|
| 308
| (1)
| Borrowing in foreign currencies
|
|
| (2)
| Calculation of amount
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| LIABILITY
|
| 309
| (1)
| Restrictions
|
|
| (2)
| Unused borrowing authority may be rescinded
|
| 310
|
| Liability on local improvement securities
|
| 311
|
| Defect in form
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| MISCELLANEOUS
|
| 312
|
| Application of section 86 of Municipal Board Act
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| 313
|
| Evidence respecting city securities
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| FINANCIAL STATEMENTS
|
| 314
|
| Annual financial statements
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| PART 8
|
| ASSESSMENT, TAXATION AND OTHER LEVIES ON PROPERTY
|
| 315
| (1)
| Definitions
|
|
| (2)
| Definitions in Municipal Assessment Act apply
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| DIVISION 1
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| ASSESSMENT
|
| BUSINESS ASSESSMENT
|
| 316
| (1)
| Municipal Assessment Act applies
|
|
| (2)
| All businesses to be assessed
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|
| (3)
| Exception
|
| 317
|
| Specific exemptions
|
| 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
|
| 320
| (1)
| By-law requiring licence
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|
| (2)
| Collection of licence in lieu fees
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| MOBILE HOME LICENCES
|
| 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
|
| 322
| (1)
| Adjustment of business tax on reassessment
|
|
| (2)
| Limitation on by-law under subsection (1)
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| UTILITY CORPORATIONS' PROPERTY
|
| 323
| (1)
| Utility corporations' property assessments
|
|
| (2)
| Liability of corporation for other tax
|
| 324
|
| Telephone companies
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| ASSESSMENT ROLLS
|
| 325
| (1)
| Completion of assessment rolls
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|
| (2)
| Form of rolls
|
| 326
|
| Certification of rolls
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| 327
|
| Defects do not invalidate
|
| 328
|
| Assessment rolls valid and binding
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| REVISION OF ASSESSMENT
|
| 329
|
| Rolls subject to revision
|
| 330
| (1)
| Change in taxes payable
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|
| (2)
| Change in tax after revision
|
| 331
|
| Repealed
|
| DIVISION 2
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| TAXATION
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| LIABILITY FOR TAXES
|
| 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
|
|
| (6)
| Business tax not a charge on real property
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| LIABILITY OF CITY FOR TAXES
|
| 333
| (1)
| Exemption from taxation
|
|
| (2)
| Agreements regarding taxes
|
|
| (3)
| Taxes payable in certain cases
|
| IMPOSING TAXES
|
| 334
| (1)
| Fixing property, personal and business tax rates
|
|
| (2)
| Fixing local improvement and frontage tax rates
|
|
| (3)
| By-laws re payment of taxes
|
|
| (4)
| By-law may specify purpose of instalment
|
|
| (5)
| Restriction on discounts
|
|
| (6)
| Application of prepayment
|
| 334.1
| (1)
| Establishing classes for purposes of business tax
|
|
| (2)
| Different rates for different classes
|
|
| (3)
| Corrections — business tax rate
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|
| (4)
| Provisions that apply to corrections
|
|
| (5)
| Appeal
|
| 335
|
| Taxes imposed on January 1
|
| TAX ROLLS
|
| 336
|
| Preparation of tax rolls
|
| 337
| (1)
| Tax rolls may be combined
|
|
| (2)
| Tax roll may be combined with assessment roll
|
| 338
|
| Form of rolls
|
| 339
| (1)
| Content of tax roll
|
|
| (2)
| Assessed value re community revitalization property
|
| 340
| (1)
| Cancellation or reduction of taxes
|
|
| (2)
| Amended tax notice
|
|
| (3)
| Refunds
|
|
| (4)
| Period of refunds
|
| 341
| (1)
| Supplementary taxes
|
|
| (2)
| Rates of supplementary taxes
|
|
| (3)
| Period of supplementary taxes
|
|
| (4)
| Liable for supplementary taxes only while owner
|
| 342
|
| Supplementary tax notice
|
| 343
| (1)
| Validity of tax rolls
|
|
| (2)
| Adjustments to tax rolls
|
| TAX NOTICES AND COLLECTION
|
| 344
| (1)
| Issuing tax notices
|
|
| (2)
| Entry of date of notice
|
|
| (3)
| Material with tax notices
|
| TAXES RE SUBDIVISIONS
|
| 345
| (1)
| If land in tax arrears subdivided
|
|
| (2)
| If plans of subdivision cancelled
|
| TAXES PAID BY MISTAKE
|
| 346
|
| Refund and charging
|
| CANCELLATION OF TAXES
|
| 347
|
| Council may cancel taxes
|
| PENALTIES AND INTEREST
|
| 348
| (1)
| Council may set penalties
|
|
| (2)
| Collection of penalties
|
|
| (3)
| Penalty applies in spite of appeal
|
| 349
|
| Interest on refunds
|
| DIVISION 3
|
| COLLECTION OF TAX ARREARS AND DEBTS
|
| GENERAL
|
| 350
|
| Payments on tax arrears
|
| 351
| (1)
| Collection remedies
|
|
| (2)
| Debt owing to city
|
|
| (3)
| Evidence of taxes payable
|
| 352
| (1)
| Tax certificate
|
|
| (2)
| Certificate binding
|
| LIENS FOR TAXES
|
| 353
| (1)
| Special lien on land and improvements
|
|
| (2)
| Special lien on personal property
|
|
| (3)
| No registration and priority of lien
|
|
| (4)
| No lien on land for business tax etc.
|
|
| (5)
| No lien on goods on consignment or in storage
|
| 354
| (1)
| Priority in bankruptcy
|
|
| (2)
| Personal property of bankrupt liable
|
| DISTRAINT AND SALE OF PERSONAL PROPERTY
|
| 355
|
| Sale or distraint for lien under subsection 353(2)
|
| 356
| (1)
| Distress and sale for taxes
|
|
| (2)
| Sale and right of distraint
|
|
| (3)
| Distress and sale to be by tax collector
|
|
| (4)
| Right of entry of person levying distress
|
| 357
| (1)
| Restriction on distraint
|
|
| (2)
| Where subsection (1) not to apply
|
| 358
| (1)
| Persons in possession to pay taxes
|
|
| (2)
| Distraint for real property taxes
|
|
| (3)
| Exception
|
| 359
|
| Acknowledgment
|
| 360
|
| Release not to prejudice city
|
| 361
|
| Limit on liability for distrained property
|
| 362
| (1)
| Sale of distrained goods
|
|
| (2)
| Notice of sale
|
| 363
| (1)
| Proceeds of sale of seized property
|
|
| (2)
| Where person entitled not known
|
| 364
| (1)
| Application to court re seizure
|
|
| (2)
| Order on application
|
| MISCELLANEOUS REMEDIES
|
| 365
|
| Assets insufficient to cover taxes
|
| 366
| (1)
| Building not to be removed if taxes unpaid
|
|
| (2)
| Transfer of taxes
|
| 367
| (1)
| Tenant required to pay rent to city
|
|
| (2)
| Effect of payment by tenant
|
| 368
|
| Action by tenant to recover taxes paid
|
| 369
| (1)
| Insurance money applied to taxes
|
|
| (2)
| Limitation on application of subsection (1)
|
|
| (3)
| Application of insurance money
|
|
| (4)
| Insurers to notify tax collector
|
| DIVISION 4
|
| TAX SALES FOR REAL PROPERTY TAXES
|
| 370
|
| Definitions
|
| 371
|
| Land liable to tax sale
|
| 372
|
| Description of land
|
| 373
|
| Tax arrears list
|
| 374
|
| Preliminary steps to tax sale
|
| 375
|
| Where title vested in Crown
|
| 376
| (1)
| First notice to registered owner
|
|
| (2)
| Second notice to registered owner
|
|
| (3)
| Manner of giving notice
|
| 377
| (1)
| Prior right of city to purchase
|
|
| (2)
| Purchase money not needed
|
| 378
| (1)
| Sale by auction
|
|
| (2)
| Auction may be adjourned
|
|
| (3)
| Where bidder doesn't pay immediately
|
| 379
|
| Restriction on bidders
|
| 380
|
| Return to district registrar
|
| 381
|
| Purchaser to pay all unpaid taxes
|
| 382
| (1)
| Tax sale certificate
|
|
| (2)
| Modified certificate
|
| 383
| (1)
| Statement of payment of balance
|
|
| (2)
| Where balance not paid
|
| 384
| (1)
| Rights of tax purchaser
|
|
| (2)
| Right of city to enter unoccupied real property
|
| 385
| (1)
| Assignment of tax sale certificate
|
|
| (2)
| Rights of assignee
|
|
| (3)
| Tax purchaser may be required to assign
|
|
| (4)
| Priorities of rights
|
|
| (5)
| No requisition to person with prior right
|
|
| (6)
| Application to court
|
| REDEMPTION THROUGH CITY
|
| 386
| (1)
| Redeeming by payment to city
|
|
| (2)
| Actions on redemption
|
|
| (3)
| Payment without tax sale certificate
|
| 387
|
| Continuing assessment and taxation
|
| 388
|
| When rights of tax purchaser cease
|
| REDEMPTION THROUGH LAND TITLES OFFICE
|
| 389
|
| Return to L.T.O.
|
| 390
|
| Redeeming by payment to district registrar
|
| 391
| (1)
| District registrar's duties
|
|
| (2)
| Money not subject to attachment
|
| 392
|
| Payment by city to tax purchaser
|
| REDEMPTION BY INSTALMENTS
|
| 393
| (1)
| Authority for instalments
|
|
| (2)
| Copy of agreement to district registrar
|
|
| (3)
| Agreement not to affect other remedies
|
|
| (4)
| Default under agreement
|
|
| (5)
| Power of city to assign tax sale certificate
|
|
| (6)
| Effect of agreement on tax purchaser
|
| TRANSFER OF TITLE
|
| 394
| (1)
| Tax purchaser's application for title
|
|
| (2)
| How application to be treated
|
|
| (3)
| Failure to make application
|
| 395
| (1)
| Notice to interested persons of application for title
|
|
| (2)
| Contents of notice
|
|
| (3)
| Proof of service
|
|
| (4)
| Directions for substitutional service
|
|
| (5)
| Compliance with directions
|
|
| (6)
| Fixing date of service
|
| 396
|
| Persons entitled to redeem
|
| 397
| (1)
| Issue of title
|
|
| (2)
| Validity of title
|
| 398
| (1)
| District registrar not obliged to inquire
|
|
| (2)
| No action against district registrar
|
| 399
|
| Withdrawal by city
|
| CHANGING BUILDING RESTRICTION COVENANTS
|
| 400
| (1)
| Effect on building restriction covenants
|
|
| (2)
| Notice of by-law
|
| PROCEEDS OF TAX SALE
|
| 401
| (1)
| Surplus proceeds
|
|
| (2)
| Priority of claims to excess
|
|
| (3)
| Proceeds of a tax sale to city
|
|
| (4)
| Excess not paid out
|
| SETTING ASIDE TAX SALE
|
| 402
| (1)
| Grounds for setting aside tax sale
|
|
| (2)
| Where sale set aside
|
| 403
|
| Action to set aside tax sale
|
| MISCELLANEOUS
|
| 404
|
| Forms and fees for land titles office
|
| 405
|
| Application of Real Property Act
|
| DIVISION 5
|
| LOCAL AND DISTRICT IMPROVEMENTS
|
| 406
|
| Definitions
|
| LOCAL IMPROVEMENTS
|
| 407
| (1)
| Determination of real property benefited
|
|
| (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
|