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S.M. 1989-90, c. 71
The Brandon Charter
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(Assented to March 15, 1990)
WHEREAS the Minister of Justice has caused this Act to be prepared in English and French for re-enactment in accordance with a judgment dated June 13, 1985 and an order dated November 4, 1985 of the Supreme Court of Canada;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba enacts as follows:
This Act may be cited as "The Brandon Charter".
In this Act,
"city" means the City of Brandon; (« Ville »)
"corporation" means the municipal corporation of the City of Brandon; (« corporation »)
"council" means the municipal council of The City of Brandon; (« conseil »)
"district registrar" means the district registrar for the Brandon Land Titles District; (« registraire de district »)
"mayor", "councillor", "clerk", "treasurer", and "city engineer", means the "mayor", "councillor", "clerk", "treasurer", and "city engineer", of the city. (« maire », « conseiller », « secrétaire » et « ingénieur municipal »)
The City of Brandon, as constituted on the coming into force of this Act, is continued.
Note: The boundaries of the city are set out in the Municipal Status and Boundaries Regulation, a regulation under The Municipal Act.
The city shall have power to employ such persons as in its opinion may be necessary to carry out the objects of this Act, and to specify the duties and fix the compensation of such persons, who shall hold their offices at the pleasure of the city.
The powers of the city under this Act shall be exercised by council.
The mayor, members of council, and the officers, by-laws, contracts, property, assets and liabilities of the city, when this Act takes effect, shall be the mayor and members of council, and the officers, by-laws, contracts, property, assets and liabilities of the city, as continued under or altered by this Act, subject to the provisions of this Act.
For the purpose of the election of members of council, the city shall be divided into 10 wards, and council shall consist of the mayor, and 10 councillors, each of whom shall be elected from a separate ward.
Subclause 46(d)(ii) of The Municipal Act does not apply to councillors or candidates to become councillors of the city, and any resident of the city who meets the other qualifications set out in the other provisions of The Municipal Act for members of council and who is not disqualified from being a councillor under any other provision of The Municipal Act, is qualified to be a councillor in any ward of the city.
The city may pass by-laws for establishing, maintaining and regulating a contributory superannuation or pension plan or fund by means of an agreement between the city and its employees and to levy taxes for the purpose of making contributions to any such plan or fund as may be required by the city, or such contributions may be made from the general funds of the city.
In this section, "private works" means any structure or improvement or part thereof, that is constructed, erected, installed, placed or maintained in, on, under or over any street for the use or benefit of owners or occupiers of property adjoining it or connected with it.
Nothing in this section affects the rights granted under any other Act of the Legislature to a public utility, as defined in The Public Utilities Board Act, to use streets for, or to construct in, on or under streets, works pertaining to the operation of the public utility.
The city may
(a) permit private works in, on, under or over streets within the city;
(b) prescribe the terms and conditions under which private works may be installed, constructed, re-installed, reconstructed, maintained or used;
(c) make such annual or other charge for a permit and for the use of private works as council considers reasonable;
(d) enforce the payment of a charge by adding it to, and recovering it in like manner as, taxes payable in respect of land abutting the private works;
(e) require the owner of private works to comply with the requirements of a designated officer of the city as to the location, construction, materials, workmanship and other matters in connection with the installation, construction, re-installation, reconstruction or maintenance of the private works; and
(f) appoint a committee, board or other body to hear and determine an application by a person who has, in the opinion of the committee, board or other body, a sufficient interest, for an order to vary or cancel, temporarily or otherwise, a provision of a by-law or regulation relating to the location or size of any private works.
The owner of land abutting on a street on which any private works is constructed
(a) shall be liable to any person, including the city, for injuries, damages and costs; and
(b) shall indemnify and save harmless the city from any liability to any person for injuries, damages and costs;
caused by or on account of the installation, construction, reinstallation, reconstruction, maintenance, use or failure to protect or cover any private works.
The city may at any time reconstruct, alter or remove any private works, or any area, opening or structure relating to the private works that exist in any street.
The granting by the city of authority or permission to construct or maintain private works in, on, under or over streets, either before or after the coming into force of this Act
(a) does not limit or affect any liability arising in respect of the construction or maintenance of the private works; or
(b) does not grant to the owner or any other person any right, title, or interest in the street or the private works.
Council may by by-law or resolution make grants to The Brandon Chamber of Commerce.
A parking structure may be constructed, on land, in air rights or sub-surface rights that are owned, leased or sub-leased by the city, for a term of not less than 40 years from the date of commencement of its construction on such terms and conditions, including earlier termination provisions, as council may by by-law approve.
The city may enter into a contract with any person respecting the development of land, air rights or sub-surface rights on such terms and conditions as council may, from time to time, by by-law approve including terms and conditions dealing with the right to alter or terminate the contract as council sees fit.
Council shall engage one or more auditors to examine and audit the books and accounts of the city, and sections 604 to 607 of The Municipal Act apply to the auditors.
Land that is leased to, or purchased or acquired by, the city for the purpose of a public park which, at the time of the leasing, purchase or acquisition, is situated outside the limits of the city shall from and after that time be added to and form part of the city, and shall not afterwards be assessable for taxation purposes by the municipality of which it was a part.
Subject to the provisions of The Municipal Act with respect to the acquisition of property, the city may purchase, acquire or establish, and operate, a municipal golf course and other recreational facilities, either within or outside the limits of the city.
The city may borrow such sums of money as may be necessary for the purposes mentioned in subsection (1), subject to the procedures set out in The Municipal Act with respect to the borrowing of money by municipalities.
The city may annually spend such sums as may be authorized by council for the operation of a municipal golf course and other recreational facilities.
Notwithstanding the provisions of any other Act, a municipal golf course and other recreational facilities shall be under the control of and subject to the direction of council, and the city may operate them or may engage management for them, or may permit their operation by some other person or corporation under an agreement with the city.
If permitted under The Liquor Control Act, the city may apply for a licence to sell liquor at a municipal golf course or other recreational facilities, and the city may act under any such licence that is issued.
Council may pass by-laws
(a) for licensing palm readers, fortune tellers, card readers, bead readers or phrenologists, teacup readers or any person who holds himself or herself out as a person cable of foretelling the future for gain;
(b) for cancelling, with or without notice, a licence issued under a by-law passed under this section;
(c) prescribing a fee for the issuance of a licence under this section; and
(d) respecting the manner in which a person to whom a licence is issued under this section may operate.
Council may in its absolute discretion refuse to issue a licence under this section.
Notwithstanding the provisions of The Municipal Act or any other Act, the buildings and land within the city owned by the Keystone Agricultural and Recreational Centre Incorporated, shall not be liable to assessment or taxation for any purpose, and the temporary use of the land or buildings by tenants, lessees or permittees of the Keystone Agricultural and Recreational Centre Incorporated, shall not deprive the land and buildings from exemption from assessment and taxation for any purpose except business taxes and licenses.
Notwithstanding the provisions of The Public Schools Act and section 11 of The Municipal Assessment Act, the buildings and contiguous land within the city, owned by Brandon University and L'Institut de Notre-Dame-des-Missions, used as educational institutions or seminaries of learning shall not be liable to assessment and taxation for municipal or school purposes, but shall be liable to special assessments for local improvements in the manner provided in Part XI of The Municipal Act.
In any year, the tax roll shall be made and completed by the city treasurer or such other person as council designates.
In lieu of business tax, the city may pass by-laws for imposing on and collecting from persons doing business within the city, and who are not otherwise liable for business tax, an annual fee or tax not exceeding the sum of $100., and the fee or tax shall be deemed to be, and shall be collected in the same manner as, a licence, except that a fee or tax imposed under this section shall be payable on demand.
The city may provide by by-law that no person, firm or corporation shall in any year carry on a business that is subject to business tax where
(a) the person, firm or corporation is in default in the payment of a business tax assessed for the previous year or any part of it, or of a fee or tax in lieu of business tax for which the person, firm or corporation is liable in respect of the previous year or any part of it; and
(b) the city issued a warrant of distress for the tax or fee due, and no sufficient distress was found from which the amount owing, including the costs of distress and sale, could be levied.
The city may impose a penalty for a contravention of, or failure to comply with, a by-law passed under subsection (1) and, in a prosecution under the by-law, each day that a person or firm carries on business contrary to the by-law shall constitute a separate offence.
The city shall not be liable for damages caused by the breaking of any part of the water works system, or for any shutting off of the water to repair mains or to tap the pipes.
An action or suit that is brought against any person for anything done under sections 4 or 24 shall be brought within six calendar months after the act committed or, where there is a continuation of damage, within one year after the original cause of action arises.
The city may by by-law impose fines not exceeding $1,000. and costs for a contravention of, or failure to comply with, a by-law and, in case of non-payment of a fine or costs, for imprisonment for a period not exceeding 30 days.
Where no penalty is prescribed for a contravention or failure to comply with this Act or a by-law passed under it, the penalty shall be a fine not exceeding $1,000. and costs.
NOTE: The original Act is found at S.M. 1939, chapter 95.
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