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The City of Winnipeg Charter

S.M. 2002, c. 39

The City of Winnipeg Charter

PART 1
INTERPRETATION, PURPOSES AND GENERAL AUTHORITY
1 Definitions
2 Determination of person responsible
3 (1) Geographic application of by-laws
(2) Application of by-law of another municipality
4 By-laws or resolution inconsistent with Acts
5 (1) Purposes of city
(2) City is responsible and accountable
6 (1) Broad authority
(2) General powers not limited by specific
7 (1) Natural person powers
(2) Specific powers
PART 2
CITY BOUNDARIES CONTINUATION
8 City continued
AREA
9 (1) Boundaries and area
(2) Reference to maps
(3) Time of effect of regulation
WARDS
10 Number of wards
11 (1) Establishment of wards commission
(2) Substitute members of commission
(3) Appointment of other acting members
(4) Duty of acting member
(5) Remuneration and assistance for commission
12 Report of commission
13 (1) Population of city
(2) Criteria for boundaries
(3) Variation in population base
14 (1) Initial hearing
(2) Preparation of draft report
(3) Notice of hearing on draft report
(4) Publication of notices
(5) Final report
(6) Effect of report
15 (1) Changing names of wards
(2) Effect of alteration of wards on councillors
PART 3
COUNCIL
DIVISION 1
COMPOSITION AND TERM OF OFFICE
16 (1) Composition of council
(2) Council a continuing body
17 (1) Changing number of wards
(2) By-law applying to next general election
(3) By-law applying after next general election
(4) Public hearing required
(5) Second reading of proposed by-law
(6) By-law to be read at different meetings
(7) Requirement re ward boundaries commission
18 (1) Term of office
(2) Term after by-election
DIVISION 2
ELECTIONS
19 General elections
20 Election of mayor
21 Election of councillors
22 Repealed
QUALIFICATIONS
23 (1) Qualifications of candidates
(2) Individuals disqualified
EMPLOYEES' RIGHTS IN ELECTIONS
24 (1) Definitions
(2) Employees rights in elections
(3) Statutory officers and certain employees excepted
(4) Leave of absence for city election
(5) Period of leave
(6) Candidate in other elections
(7) Nature of leave of absence
(8) Election to council
(9) Election as M.L.A. or M.P.
(10) Reinstatement of defeated candidate
(11) Reinstatement of elected employee
(12) Where no notice before end of leave
(13) Rights during leave of absence
(14) Other benefits
25 to 30 Repealed
CAMPAIGN EXPENSES AND CONTRIBUTIONS
31 (1) Definitions
(2) Value of donation in kind
32 (1) Registration of prospective candidates
(2) Report of change in information
32.1 Registered candidate entitled to copy of voters list
33 No contribution, expenses or borrowing until registered
33.1 (1) Only individual residents may contribute
(2) Limit on contributions by individuals
(3) Prohibited contributions not to be accepted
(4) Return of contribution
33.2 (1) Candidate's personal contributions
(2) Limit applies to contributions of candidate
33.3 (1) Loans only from financial institutions
(2) Prohibition making loan
(3) Loans to registered candidates
(4) Loan must be paid into campaign account
(5) Loan payments must be made from campaign account
(6) Loan payments made in different manner
33.4 No loans from registered candidates to others
34 By-law on expenses and contributions
35 (1) Candidate to file audited statement
(2) Time for filing statement
36 Appointment and qualifications of auditor
37 Duties of official agent
38 Candidate to issue receipts
39 and 40 Repealed
41 Claims for election expenses
42 Repealed
43 (1) Surplus payable to city
(2) Release of surplus
44 (1) Failure by elected candidate to file statement
(2) Forfeiture of seat
(3) Failure of other registered candidates to file
45 (1) Offence and penalty
(2) Time limits on prosecution
TAX CREDIT AND REBATE PROGRAMS
46 (1) By-law establishing tax credits or rebates for contributions
(2) Contents of by-law
(3) Regulations by L.G. in C.
CAMPAIGN EXPENSE REIMBURSEMENT PROGRAM
46.1 (1) By-law establishing reimbursement of campaign expenses
(2) Contents of by-law
FORFEITURE OF SEAT
47 (1) Forfeiture of seat
(2) Nomination of M.L.A. to council
(3) Vacating seat
(4) Proceedings to unseat member
48 (1) Eligibility at next election
(2) No stay
(3) Reinstatement on appeal
RESIGNATIONS AND FILLING VACANCIES
49 Resignation
50 (1) Direction to senior election official to hold election
(2) Vacancy near end of term of councillor
(3) Vacancy near end of term of mayor
51 By-election to fill vacancy
DIVISION 3
DUTIES AND POWERS
DECLARATION OF OFFICE
52 Declaration to be made and filed
DELEGATION
53 (1) Restriction on delegation by council
(2) Authority of council after delegation
BY-LAWS AND RESOLUTIONS
54 (1) How council may act
(2) Where by-law required
(3) Where resolution authorized
(4) Where by-law used instead of resolution
55 (1) Three readings of by-laws
(2) Readings at one meeting
(3) Text of proposed by-law before first reading
(4) Text available before third reading
(5) Procedure at readings
CONSOLIDATION OF BY-LAWS
56 (1) Authority for consolidation of by-laws
(2) Duties and powers of designated employee
(3) Adoption of consolidated by-law
(4) Judicial notice provision applies
MAYOR
57 Mayor as head of council
58 Mayor as ex officio member of committees
59 (1) Mayor's appointments
(2) Other appointments
(3) Vacancy in executive policy committee
(4) Terminating or altering appointments
(5) Duties of deputy mayor
(6) Duties of acting deputy mayor
60 Suspension of by-law or resolution
EXECUTIVE POLICY COMMITTEE AND OTHER COMMITTEES
61 (1) Executive policy committee established
(2) Size of executive policy committee
62 (1) Duties of executive policy committee
(2) Subcommittees of executive policy committee
63 (1) Establishment of standing committees
(2) Members of standing committee
(3) Subcommittees of standing committees
(4) Composition of subcommittee
64 Establishing other committees
65 Delegation to committees
66 Committee process
PRESIDING OFFICER
67 (1) Appointment of presiding officer
(2) Mayor to chair first meeting
(3) Duties of presiding officer
(4) Absence of presiding officer
(5) Acting presiding officer
(6) Participation in debates
DIVISION 4
MEETINGS OF COUNCIL AND ITS COMMITTEES
68 (1) First meeting of a council
(2) Regular meetings of council
(3) Effect of meeting not taking place
69 Adjournment
70 Minutes
71 Quorum
72 (1) Decisions by majority
(2) Tie votes
73 (1) Number of votes required may be increased
(2) Review of by-law in fourth year
74 Procedures by-law
75 (1) Open meetings
(2) Expulsion for disorderly conduct
(3) Reports etc. available to members
76 (1) By-law re in camera consideration
(2) In camera consideration
(3) Record of in camera decision in minutes
77 (1) Voting obligatory
(2) Voting to be open
78 (1) Council seminars
(2) Convened members of council
SPECIAL MEETINGS
79 (1) Special meetings of council
(2) Notice of special meeting
(3) Effect of failure to notify
(4) Agenda at special meeting
EMERGENCY MEETINGS
80 (1) Emergency meetings
(2) Place of emergency meeting
(3) Agenda of emergency meeting
USE OF COMMUNICATION DEVICES
81 (1) Meeting through communication devices
(2) Participating member deemed present
(3) Meetings of committees
DIVISION 5
HEARING BODIES FOR APPEALS
82 Establishment of hearing bodies for appeals
83 (1) By-law respecting hearing body
(2) Composition of hearing bodies for appeals
(3) Criteria for membership
(4) Panels
(5) Powers of panels
DIVISION 6
COMPENSATION
84 (1) Setting indemnity and expenses
(2) Portion of indemnity may be deemed expense
(3) Members may accept payments
85 (1) Pensions
(2) Contracts for pensions and insurance
86 Members not employees
87 Review of indemnities and expenses
PART 4
ADMINISTRATION
DIVISION 1
STRUCTURE
88 (1) Administrative structure of the city
(2) Delegation to employees
(3) Delegation by employees
EMPLOYEES
89 (1) Conditions of employment
(2) Change of titles to positions
89.1 (1) Employee code of conduct
(2) Content: conflict of interest rules
EMPLOYEE PENSION PLAN
90 (1) Pension plan by-laws
(2) Benefit boards and committees
(3) Composition of benefit boards
(4) Investment committees
(5) Combination of funds for investment
91 (1) Admission into pension plan
(2) Definition of "area municipality"
(3) Pensions exempt from process
(4) City may refuse power of attorney
92 Admission of other employees to plan
93 (1) By-law to merge pension plans
(2) Powers of council
(3) No adverse effect on pension credits
(4) Amendments
(5) Application of other statutes
EMPLOYEE BENEFITS PROGRAM
94 (1) Definitions
(2) Implementation of amending agreement
(3) Application for court approval
(4) Non-application of Trustee Act
(5) Court order
(6) Effect of implementation with court approval
(7) Designation as a multi-unit pension plan
(8) Interpretation
95 Payments to city to pay other employee benefits
STATUTORY OFFICERS
96 Appointment of statutory officers
CHIEF ADMINISTRATIVE OFFICER
97 Powers etc. of chief administrative officer
98 (1) Suspension of chief administrative officer
(2) EPC powers on suspension
CITY CLERK
99 Duties etc. of city clerk
CHIEF FINANCIAL OFFICER
100 Duties etc. of chief financial officer
101 Liability of chief financial officer
CITY AUDITOR
102 (1) Qualifications of city auditor
(2) Restrictions on holding public office
103 Dismissal or suspension
104 (1) Responsible for office of city auditor
(2) Delegation by city auditor
105 (1) Duties re annual audit
(2) Duties re operations
(3) Audits of trusts and grantees
(4) Special audits and examinations
(5) Powers of auditor
(6) Reliance on other audits
106 (1) Powers under Part V of Evidence Act
(2) Report to council re examination
107 (1) Appointment and qualifications of external auditor
(2) Responsibilities of external auditor
(3) City auditor and external auditor
(4) Powers and duties of external auditor
(5) Report of external auditor on statements
MEDICAL OFFICER OF HEALTH
108 (1) Agreement to enforce by-law under The Public Health Act
(2) Medical officer of health's powers to enforce this Act
DIVISION 2
RECORDS MANAGEMENT
109 By-law respecting records
110 (1) City archivist
(2) Records committee established
111 Approval for destruction or removal of record
112 (1) Records available on request
(2) Certified copies of by-laws
(3) Personal security protection
DIVISION 3
NOTICES AND SERVICE OF DOCUMENTS
113 (1) Public notices of hearings and other matters
(2) Multiple publications of public notices
(3) Copies of published notices
(4) Exceptions to newspaper notice
114 Notice to persons of hearing
115 (1) Content of notice of hearing
(2) Content of notice of other matters
116 (1) Service of order or decision
(2) Notice of appeal with order or decision
117 (1) Service of notices, orders and documents
(2) Notice by mail
(3) Where service not possible
118 Posting notices etc.
119 Council may vary notice requirements
120 Evidence of notice or service
121 Service on city
DIVISION 4
HEARINGS
122 (1) By-law re procedures at hearings
(2) Preliminary meeting
(3) Conduct of hearing
123 (1) Adjournment of hearings
(2) New matters on continuation
DIVISION 5
PETITIONS AND OBJECTIONS
124 (1) Form and content of petitions
(2) Determination of sufficiency of petition
(3) Counting of signatories
125 (1) Form and content of objection
(2) Determination of sufficiency of objections
(3) Counting of signatories
126 Signatures after filing
127 Determination final
PART 5
POWERS OF THE CITY
DIVISION 1
SPHERES OF JURISDICTION
128 Spheres of authority not mutually exclusive
PUBLIC CONVENIENCE
129 General authority
130 Activities and things on private property
131 Property adjacent to streets
132 Animals and birds
133 Litter from businesses
HEALTH, SAFETY AND WELL-BEING
134 (1) General authority
(2) Health and safety
(3) Repealed
ACTIVITIES IN PUBLIC PLACES
135 (1) General authority
(2) Meaning of "public places" etc.
STREETS
136 Control of streets
137 Possession and control vests in city
138 City is traffic authority
139 General authority
140 (1) Closing streets
(2) Combined by-laws
141 (1) Determining persons injuriously affected
(2) Appeal of by-law
(3) Decision on appeal
142 (1) Land from closed street
(2) Application — streets closed under former Acts
143 (1) Designation of limited access street
(2) Compensation for closing entrances
144 Determination of compensation
145 Private works on streets
146 (1) Designated parking spaces for disabled
(2) Offence
(3) Penalty
147 Boulevards
ACTIVITIES OF BUSINESSES
148 General authority
149 (1) Business activities
(2) Business licensing
(3) Restriction on licensing certain businesses
BUILDINGS, EQUIPMENT AND MATERIALS
150 General authority
151 (1) Construction activities
(2) Restriction
152 (1) Inspection of plans
(2) Approval of plans
(3) Extent of inspections
153 (1) Report of offence to associations
(2) Information given on request
(3) No action for providing information
154 Equipment and materials
155 Exception for certain electrical inspections
156 Repealed
157 (1) Winnipeg Building Commission
(2) Powers of commission re existing buildings
HISTORIC BUILDINGS, LAND AND AREAS
157.1 (1) General authority
(2) Conservation list
(3) Notice re listing
(4) Timing of notice of listing being registered
CONDOMINIUM CONVERSIONS
157.2 (1) Approval of condominium conversions
(2) Application of Condominium Act definitions
(3) Content of condominium conversion by-law
(4) Additional content
(5) Considerations
CONSTRUCTION IN FLOODWAY AND FLOODWAY FRINGE AREAS
158 (1) Regulations by Lieutenant Governor in Council
(2) Restricted construction in floodway areas
(3) Exception for construction in floodway area
(4) Restricted construction in floodway fringe areas
(5) Permit for superstructure
(6) Variation of floodproofing criteria
(7) Order varying floodproofing criteria
(8) Conditions respecting flood protection
(9) Province to receive order
WATERWAYS
159 (1) General authority
(2) Waterways
(3) Construction spanning waterways
WATER
160 (1) City to ensure water supply
(2) Powers respecting water
(3) Application of by-laws to waterworks system
(4) By-laws respecting water supply
WASTE
161 (1) General authority
(2) Solid waste
(3) Drainage and wastewater
PUBLIC TRANSPORTATION
162 (1) General authority
(2) Transit and transportation
163 (1) Exclusive authority
(2) Vehicles operated for school purposes
(3) Agreement for private operation
AMBULANCE SERVICES
164 General authority
FIRE PROTECTION
165 (1) General authority
(2) Fire protection
POLICE
166 Repealed
167 Committee for investigation of conduct of police
168 Lock-ups
ARBITRATION IN COLLECTIVE BARGAINING WITH POLICE SERVICES
169 (1) Definitions
(2) Words and expressions in principal Act
170 Application of principal Act
171 (1) Application for arbitration board
(2) Establishment of arbitration board
(3) Appointment of members of arbitration board
(4) Failure to appoint chairperson
172 (1) Work of arbitration board
(2) Changes in applying provisions
173 (1) Commencement of agreement or award
(2) Term of agreement
(3) Continuation of agreement and award
DIVISION 2
EXERCISING BY-LAW MAKING AUTHORITY
174 General powers in exercise of authority
DIVISION 3
ENFORCEMENT AND BY-LAWS RESPECTING ENFORCEMENT
175 General powers respecting enforcement
SPECIAL CONSTABLES AND ENFORCEMENT OFFICERS
176 (1) Appointment of enforcement officers
(2) Appointment of special constables
(2.1) Additional powers
(3) Status of special constables
OFFENCES AND PENALTIES
177 (1) Offences
(2) Separate offences
(3) Directors and officers of corporations
178 (1) General penalty
(2) Consent payments
(3) Orders in addition to penalty
(4) Conditions for fine payment
178.1 Limit re matters enforced under Municipal By-law Enforcement Act
179 Limitation on penalty fixing
INSPECTIONS AND ORDERS
180 (1) Inspections
(2) Identification of designated employee
181 No notice in emergencies
182 (1) Inspection programs conducted by public notice
(2) Public notice of inspections
(3) Council may reappoint employee
(4) Entry for inspection under public notice
(5) Liability for damages
183 (1) Application for warrant
(2) Application before entry attempted
(3) Daytime execution of warrant
184 (1) Order to remedy contravention
(2) Content of order
(3) Registration of order
(4) Content of registered order
(5) District registrar to register order
(6) Subsequent purchasers are deemed served
(7) Discharge of order
185 (1) City remedying contravention etc.
(2) Closure of building and removal of occupants
(3) Notice before removal or demolition
186 (1) Emergencies
(2) Application
(3) Compliance with order
(4) Remuneration for compliance
187 (1) Costs
(2) Proceeds of sale
188 Application to court to enforce by-law
APPEALS
189 (1) Appeals to designated hearing bodies
(2) Notice of appeal
(3) Where decision or order not appealed
(4) Notice of appeal hearing
(5) Hearing date
(6) Powers of hearing body
(7) Decision final
(8) Application of section 58
DIVISION 4
DERELICT PROPERTY
190 (1) Definitions
(2) Interpretation: evidence property is derelict
191 (1) By-law re derelict building certificates
(2) Public hearing required
(3) Content of by-law
(4) Appeals to committee of council
192 (1) Issuing preliminary derelict building orders
(2) Preliminary order must be registered and served
(3) Exception re service
193 (1) Second notice of preliminary order
(2) Content of second notice
(3) Registration and service of second notice
(4) Exception re service
194 (1) District registrar to register order or notice
(2) Subsequent purchasers are deemed served
(3) Change in ownership does not affect process
195 (1) Substitutional service
(2) Compliance with order for substitutional service
(3) Substitutional service orders may be made at the same time
196 (1) Application for derelict building certificate
(2) Application to EPC or standing committee
(3) Issuance of derelict building certificate
197 (1) Registration of certificate and application for title
(2) Content of application
(3) How application to be treated
(4) Deemed notice etc.
(5) Deadline for application
198 No claim in respect of property
199 (1) Issue of title
(2) Court action operates as stay
(3) Validity of title
200 (1) District registrar not obliged to inquire
(2) No action against district registrar
201 (1) Setting aside derelict building certificate
(2) Action to set aside derelict building certificate
201.1 (1) Discharge of orders and certificates by city
(2) Process must recommence
DIVISION 5
CORPORATE POWERS
GENERAL POWERS
202 Rights and liabilities of a corporation
203 Ancillary powers
PROPERTY
204 General powers
205 (1) Dealing with property
(2) Restriction on disposal of park land
(3) Lease of land held for street
(4) Acquiring and assembling land
(5) Dealing with assembled or acquired land
206 (1) Entry for expropriation purposes
(2) Entry for locating works
(3) Liability for damages
207 Land owned in other municipalities
208 Use of city works
PUBLIC SERVICES AND FACILITIES
209 (1) General authority
(2) Powers under subsection (1)
210 (1) Fees and charges
(2) Application of section 348
(3) Free use of libraries by residents
(4) Collection of fees and charges
(5) Rates for services and commodities
AGREEMENTS
211 General authority
CONTROL OF CORPORATIONS
212 (1) Interpretation: "control"
(2) Regulations re: establishing corporations
(3) Incorporation of corporations
(4) Scope of regulation
213 Restrictions re corporate matters
PROCUREMENT POLICY
214 (1) Definition
(2) Procurement policy
(3) Contents of policy
SPECIAL SERVICE UNITS
215 (1) Establishing special service units
(2) Council's powers re special service units
(3) Delegation to special service units
(4) Financing special service units
(5) Consistency with other policies respecting finances
(6) Annual report
(7) Unit is affiliated body
216 Review of special service units
FINANCIAL ASSISTANCE
217 (1) Definition of "taxes"
(2) Tax credits
(3) Tax rebates
218 (1) Financial assistance
(2) Forms of financial assistance
(3) Council may require an agreement
(4) Economic and cultural development
GRANT, LOAN, TAX REBATE AND TAX CREDIT PROGRAMS
219 (1) General authority
(2) Grant, loan and tax credit programs
(3) Provisions re terms and conditions of loans
220 (1) Regulations respecting loans and loan guarantees
(2) Limits re loans and loan guarantees
221 Reduced tax rate on agricultural land
TAX INCREMENT FINANCING
222 (1) Establishing tax increment financing programs
(2) Provisions re tax increment financing programs
EMERGENCY PREPAREDNESS
223 General powers and duties of city