Skip to main content
The Northern Affairs Act

REPEALED
Date: January 1, 2007

C.C.S.M. c. N100

The Northern Affairs Act

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART I

INTERPRETATION

Definitions

1           In this Act

"auditor" means a person appointed under this Act to audit the books and accounts of a community council, local committee or an incorporated community; (« vérificateur »)

"bank" includes a credit union and trust company; (« banque »)

"community" means an area in Northern Manitoba that is designated a community by the minister under subsection 13(6); (« communauté »)

"community council" means the community council, elected under this Act and includes the mayor of the community; (« conseil communautaire »)

"election" means an election held under this Act and the regulations; (« élection »)

"elector" means a person eligible to vote in an election; (« électeur »)

"fund" means The Northern Affairs Fund continued by this Act; (« Fonds »)

"incorporated community" means a community the residents of which have been incorporated pursuant to this Act and "incorporated community council" means its council; (« communauté constituée »)

"local committee" means a local committee of residents of an area of Northern Manitoba for which there is not a community council and which is not in an incorporated community elected under this Act and includes the chairperson thereof; (« comité local »)

"local services" means services of a type that may be provided in a municipality at the expense, either wholly or partly, of a municipality or of a school district, school division, or school area, and without limiting the generality of the foregoing includes

(a) water supply and water distribution systems,

(b) sewage systems and sewage disposal plants,

(c) garbage and waste disposal facilities,

(d) local roads and sidewalks,

(e) local drains and drainage systems,

(f) fire and police protection,

(g) street lighting,

(h) planning,

(i) recreation facilities including parks,

(j) transportation facilities including ferries, wharves, docks and facilities for the landing of aircraft,

(k) libraries,

(l) weed control, and

(m) schools; (« services locaux »)

"member" means a member of a local committee, community council or incorporated community council; (« membre »)

"members of an incorporated community council" include the mayor; (« membre du conseil de la communauté constituée »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

"Northern Manitoba" means all that part of Manitoba north of the northern boundary of township 21 that is not included in

(a) a wildlife management area or refuge designated as such under The Wildlife Act,

(b) a provincial forest designated as such under The Forest Act,

(b.1) a provincial park designated as such under The Provincial Parks Act,

(c) a municipality or local government district, or

(d) any area designated by the Lieutenant Governor in Council for the purposes of this Act. (« Nord »)

S.M. 1991-92, c. 39, s. 2; S.M. 1997, c. 12, s. 2; S.M. 2000, c. 29, s. 2.

Further definitions

2           In this Act, or in a provision of The Municipal Act incorporated by reference into this Act, the following words or terms have the same meaning as they have in The Municipal Act:

"assessment", "assessment roll" "business", "business assessment", "business tax", "Canadian citizen", "charge", "charter", "corporation", "the Crown", "Crown agency", "highway", "householder", "land", "municipality", "officer" or "officer of the municipality" or "officer of a municipality", "owner", "personal estate" or "personal property", "prescribed", "rate", "real estate" and "real property", "real owner", "registered owner", "running at large" or "run at large", "treasurer", and "urban polling subdivision".

S.M. 1991-92, c. 39, s. 3; S.M. 1997, c. 12, s. 3; S.M. 2005, c. 8, s. 20.

PART II

MINISTER'S POWERS

Successor of commissioner

3           The minister is the successor of the Commissioner of Northern Affairs for all purposes.

Co-ordination of programs

4(1)        The minister shall co-ordinate the activities of the government in Northern Manitoba.

Provision of services

4(2)        Any department of the Executive Government of the province, and any agency of the Crown, with the consent of the minister in charge of the department or the chief officer in charge of the agency of the Crown may do such things, or provide such services, in or in respect of Northern Manitoba, an area in Northern Manitoba, a community or an incorporated community, as the minister may request.

Powers of minister

4(3)        In addition to his other powers, rights, duties and responsibilities under this Act, the minister may assist communities and incorporated communities in providing, maintaining and improving local services in the communities and incorporated communities or any one or more of them, by such means as he deems appropriate, and without restricting the generality of the foregoing, he may assist in planning, organizing, developing, carrying out, administering and financing programs for the provision of local services in the communities and incorporated communities, or any one or more of them.

S.M. 1991-92, c. 39, s. 4.

Powers, similar to municipality

5(1)        Subject to subsection (3), and the other provisions of the Act, in Northern Manitoba except in the incorporated communities, the minister has the powers, rights and privileges that a municipality has within its boundaries and the minister may exercise and perform these powers, rights and privileges.

Regulations on assessment, taxes, grants

5(2)        Subject to regulations made by the Lieutenant Governor in Council, the minister may, on behalf of the residents of a community or an area of Northern Manitoba, provide by regulation for the assessment of property, the levying of taxes and, in lieu of taxes, the imposition of fees or acceptance of grants, and the provisions of The Municipal Act, S.M. 1996, c. 58, and The Municipal Assessment Act respecting the assessment of property, collection of taxes, and sale or disposal of property for non-payment of taxes apply with necessary modifications.

Minister's additional powers

5(3)        Subject to the other provisions of this Act, to the extent that they have not been delegated to incorporated communities under this Act, the minister may exercise the powers, rights, privileges and duties that a municipality has within its boundaries, in each incorporated community.

Tax not to exceed rate set by L.G.C.

5(4)         A rate of tax levied on an area or community by a regulation made under this section shall not exceed a rate determined by the Lieutenant Governor in Council by regulation.

Power to make by-laws

5(5)        Subject to subsections (1) and (3), where the exercise or performance of the powers, rights, privileges or duties referred to in those subsections require the passing of a by-law, or the making of a resolution, the minister may make the by-law or the resolution for or on behalf of the residents of Northern Manitoba, a community or an incorporated community.

Application of by-laws

5(6)        The by-law or resolution may be made to apply to the whole or any part of Northern Manitoba except an incorporated community, to one or more incorporated communities, or to an area in an incorporated community, as the case may be, and may define an area in Northern Manitoba by reference to a photogrammetric survey.

Delegation of power by regulation

5(7)        The minister may make regulations

(a) delegating, upon such terms and conditions as the minister considers advisable, to a community council or local committee for exercise within its boundaries a power to pass by-laws or make resolutions granted to the minister under this Act; and

(b) respecting the filing of by-laws and resolutions with the minister.

Effective date of by-laws

5(8)        Notwithstanding anything in this Act, a by-law passed or resolution made by a community council or local committee under subsection (7) comes into force upon filing with the minister.

Disallowance by minister

5(9)        The minister may in writing disallow any by-law or resolution of a community council or local committee at any time after filing, and the by-law or resolution ceases to be in force and is deemed to be repealed.

S.M. 1988-89, c. 15, s. 2; S.M. 1991-92, c. 39, s. 5; S.M. 1997, c. 12, s. 4.

Programs and projects

6(1)        The residents of Northern Manitoba, a community, and where subsection 5(3) applies, an incorporated community, may, through the minister, carry out projects and programs that may be required in Northern Manitoba or the community.

Government contribution to cost of programs

6(2)        The government may pay for or contribute to the cost of providing maintaining, or improving a local service, or the cost of carrying out any program for the benefit of the residents of Northern Manitoba, an area of Northern Manitoba, a community or an incorporated community.

S.M. 1991-92, c. 39, s. 6.

Agreements with Canada

7(1)        Without limiting the rights and powers of the minister under section 6, but subject to the other provisions of this Act, the minister may, with the approval of the Lieutenant Governor in Council, enter into agreements on behalf of the Government of Manitoba, on such terms as he may deem appropriate, with the Government of Canada, an agency thereof, or any person

(a) for the purpose of establishing and developing new townsites and encouraging the establishment or expansion of industry in Northern Manitoba;

(b) for the purpose of providing, maintaining, or improving local services for the benefit of the residents of Northern Manitoba, a community or an incorporated community; or

(c) for the purpose of assisting any community or incorporated community in Northern Manitoba in any matter and in the planning, organizing, developing, carrying out, administering, and financing of any program for the benefit of the residents thereof;

and, without limiting the generality of the foregoing, any incorporated community, municipality, municipal district, local government district, school district, school division, or school area, may be a party to any such agreement.

Terms of agreement

7(2)        Without limiting the generality of the foregoing, an agreement made under subsection (1) may provide

(a) for the payment of grants in lieu of taxes by any party to the agreement; and

(b) for the payment, by any party to such an agreement, of such monetary or other contribution to the province, community council, an incorporated community, local committee, municipality, municipal district, local government district, school district, school division, or school area as may be appropriate.

Tax exemption under agreements

7(3)        Notwithstanding any other provision of this Act, any tax exemption conferred by the minister in an agreement entered into under this Act applies only to taxes imposed by an incorporated community, a municipality, a local government district, a school district, school division, or school area, that has jurisdiction or that assumes jurisdiction from the minister or to taxes for which the minister has made provision under section 5.

Minister may make agreement re service

7(4)        The minister may make arrangements or agreements with a community council, incorporated community, local committee or any person, respecting

(a) the provision, maintenance, or improvement of a local service;

(b) the provision of planning and management services;

(c) the carrying out of any program in Northern Manitoba, a community, an incorporated community, or an area in Northern Manitoba;

(d) the establishment, acquisition and operation of a commercial or industrial business or activity by an incorporated community; or

(e) any one or more of them; and

any such arrangement or agreement with a community council or an incorporated community may provide for the sharing of costs between the government and the community council, or the incorporated community, as the case may be.

7(5)        Repealed, S.M. 1991-92, c. 39, s. 7.

S.M. 1991-92, c. 39, s. 7.

Minister acquiring real property

8(1)        The minister may acquire by purchase, lease, expropriation or otherwise real property in Northern Manitoba which is necessary to provide local services, to carry out a program, or to perform any of his powers, rights, privileges and duties under this Act.

Minister acquiring personal property

8(2)        The minister may acquire, by purchase, lease or otherwise such personal property including but not so as to restrict the generality of the foregoing, machinery, equipment and supplies, as in his opinion is required for the provision of local services, the carrying out of a program or the performance of any of his powers, rights, privileges and duties under this Act.

Disposal of real property

8(3)        All real property so acquired is Crown land within the meaning of The Crown Lands Act and vests in, and shall be in the name of, the Crown in right of Manitoba; subject to the provisions of this Act it may be disposed of as provided in The Crown Lands Act.

Disposal of personal property

8(4)        The ownership of all machinery, equipment, supplies and personal property acquired pursuant to subsection (2), vests in, and shall be in the name of the minister and he may transfer, lease or otherwise dispose of such property when no longer required.

Approval of minister

9(1)        Notwithstanding The Crown Lands Act, no disposition of any Crown land in Northern Manitoba, shall be made without the prior approval of the minister.

Minister to consult

9(2)        Subject to subsection (2.1), where the land referred to in subsection (1) is located in a community, an incorporated community, or within eight kilometres from the boundaries of any of them, before approving the disposition, the minister shall consult the community council, the local commitee or the incorporated community council, as the case may be, as to the desirability of approving the disposition.

Application of subsection (2) to renewal of permit

9(2.1)      Subsection (2) does not apply to a renewal of a permit of occupation or use.

9(3)        Repealed.

S.M. 1993, c. 6, s. 2; S.M. 2000, c. 29, s. 3.

Minister's approval delegated to I.C.

9.1         A regulation made under section 22 (incorporating an area or community) may delegate the minister's power of approval under subsection 9(1) to the incorporated community in respect of Crown land within the boundaries of the community, subject to such terms and conditions as the Lieutenant Governor in Council considers necessary or advisable.

S.M. 2000, c. 29, s. 4.

Minister's role under Acts applying to I.C.s

10(1)       Whenever, under a provision of The Municipal Act that is incorporated by reference into this Act, or under a provision of The Housing and Renewal Corporation Act, The Municipal Board Act, The Real Property Act, or any other Act which is made applicable in whole or in part to incorporated communities, the approval, consent, authorization, direction or certificate of a minister, The Municipal Board, or The Public Utilities Board is required to be given before,

(a) a by-law or resolution may be passed or made;

(b) a by-law or resolution comes into effect; or

(c) a plan of subdivision may be registered;

the requirement shall be deemed to be a requirement that the minister charged with the administration of this Act gives his or her approval, consent, authorization, direction, or certificate, as the case may be; but the minister is not required to conduct a hearing in any case, before giving or refusing his or her approval, consent, authorization, direction or certificate.

Minister to act for P.U.B. re by-law of local committee or community council

10(1.1)     Where an Act that applies in whole or in part to a local committee or community council provides that the approval, consent, authorization, direction or certificate of The Public Utilities Board is required before

(a) a by-law or resolution may be passed or made; or

(b) a by-law or resolution comes into effect;

the provision shall be deemed to be a requirement that the minister give his or her approval, consent, authorization, direction or certificate, but the minister is not required to conduct a hearing before giving or refusing the approval, consent, authorization, direction or certificate.

Subsection (1) not applicable

10(2)       Subsection (1) does not apply to Division I of Part XV (Tax Rolls) of The Municipal Act.

Application to Public Utilities Board

10(2.1)     Subsections (1) and (1.1) apply to The Public Utilities Board notwithstanding section 106 of The Public Utilities Board Act.

Inquiry

10(3)       Wherever the approval of the minister is required, before giving his approval, the minister may appoint a person who, in his opinion, is suitable and qualified to conduct an inquiry into the matter or thing in respect of which the minister's approval is sought and to report thereon to the minister in writing together with his recommendations, if any.

Remuneration

10(4)       The minister may remunerate persons appointed to conduct inquiries pursuant to subsection (3) and may pay all costs of the inquiries from the fund.

10(5)       Repealed, S.M. 1991-92, c. 39, s. 8.

Power to compel attendance of witnesses

10(6)       The person appointed to conduct an inquiry under subsection (3) may require any person to appear before him and give evidence on oath, and for that purpose he has the same power to summon persons to attend as witnesses, to enforce their attendance, and to compel them to produce books and documents, and to give evidence, as is possessed by a commissioner appointed under Part V of The Manitoba Evidence Act.

Copy of report

10(7)       On receipt of the report of a person appointed to conduct an inquiry pursuant to subsection (3) and before accepting or rejecting his recommendations in whole or in part the minister shall send a copy of the report by registered mail to the clerk of the incorporated community, or to the community council and to any person who notified him of his desire to receive it and gave the minister his address; but the requirements of this subsection shall be deemed to be satisfied if copies of the report are delivered to the address of the person notifying the minister, and to the offices of the incorporated community, or community council, as the case may be.

Copy of report to be posted

10(8)       On receipt of the copy of the report referred to in subsection (7) the clerk of the incorporated community or the mayor of the community council shall post it for at least two consecutive days in the community centre, if any, located in the incorporated community or community and the offices of the incorporated community or community council, if any.

S.M. 1991-92, c. 39, s. 8; S.M. 1993, c. 6, s. 3; S.M. 2000, c. 29, s. 5.

Fund continued

11(1)       The Northern Affairs Fund is continued as and the minister may open or continue, and maintain bank accounts for the operation of the fund.

Deposit of receipts for fund

11(2)       All receipts of the fund shall be promptly deposited in a bank account.

Credits to fund

11(3)       The minister shall credit to the fund

(a) moneys advanced to the minister from the Consolidated Fund on the requisition of the minister, including any grants payable to the minister under The Unconditional Grants Act;

(b) moneys advanced or paid to the minister by the Government of Canada or any agency thereof pursuant to any agreement or arrangement made between the minister and the Government of Canada or any agency thereof;

(c) moneys advanced or paid to the minister by the government, or any agency thereof, under any arrangement or agreement between the minister and the government, a minister thereof, or an agency thereof;

(d) moneys advanced or paid to the minister by any person under any agreement made between the minister and that other person;

(e) all taxes collected by the minister under this Act;

(f) all moneys donated or granted to the minister for the purposes of this Act; and

(g) all proceeds from the sale or rental of property acquired by the minister for the purposes of this Act.

Payments from fund

11(4)       Except as provided in section 12, all payments required to be made by the minister for the purposes of this Act, or for the purposes of any agreement or arrangement made under this Act, shall be made from the fund by cheque and upon requisition signed by the minister, or a person designated by him.

Accounts of fund

11(5)       The minister shall maintain accounts for the fund satisfactory to the Auditor General.

Fiscal year of fund

11(6)       The fiscal year of the fund shall be the same as the fiscal year of the government.

Not part of Consolidated Fund

11(7)       Subject to subsection (8), the moneys in the fund do not form part of the Consolidated Fund but are the property of Her Majesty in right of Manitoba.

Investment of surplus

11(8)       The minister may pay to the Minister of Finance for investment for and on behalf of the fund any moneys not immediately required for the purposes of this Act, and the moneys so paid shall form part of the Consolidated Fund and the interest earnings thereon shall be credited to the account of the fund in the Consolidated Fund; and all moneys credited to the account of the fund in the Consolidated Fund shall be paid to the minister on his requisition.

Audit

11(9)       The accounts of the fund shall be audited at least once a year by the Auditor General and his report and financial statements for each fiscal year of the fund shall include a balance sheet and a statement of revenue and expenditure.

Auditor's report in Public Accounts

11(10)      The report of the Auditor General and financial statements in respect of the fund shall be included in the Public Accounts of the government.

S.M. 1996, c. 59, s. 101; S.M. 2001, c. 39, s. 31.

Grants to community councils

12(1)       Where a community council is functioning in an area, the minister may pay any grants received by him under The Unconditional Grants Act in respect of the residents of that area to the community council for its use absolutely.

Grants to local committee

12(2)       Where a local committee is functioning in an area, the minister may pay all or part of any grants received by him under The Unconditional Grants Act in respect of the residents of that area to the local committee for its use absolutely.

Definition of "person"

12.1(1)     In this section, "person" includes a local committee, community council, Indian Band or unincorporated association.

Powers of minister re money owing to incorporated community etc.

12.1(2)     When

(a) an amount of money is payable by the government to a person; and

(b) the minister is satisfied that the person owes a specific amount of money (the "amount of indebtedness") to a local committee, community council or incorporated community;

the minister may

(c) deduct the amount of indebtedness from the amount of money payable to the person by the government; and

(d) pay the amount deducted to the local committee, community council or incorporated community.

Powers of minister re money owing by incorporated community etc.

12.1(3)     When

(a) an amount of money is payable by the government to a local committee, community council or incorporated community; and

(b) the minister is satisfied that the local committee, community council or incorporated community owes a specific amount of money (the "amount of indebtedness") to a person;

the minister may

(c) deduct the amount of indebtedness from the amount of money payable to the local committee, community council or incorporated community by the government; and

(d) pay the amount deducted to the person.

Notice of deduction

12.1(4)     The minister shall without delay after deducting the amount of indebtedness under subsection (2) or (3) send a notice setting out particulars of the deduction by ordinary mail to the person or local committee, community council or incorporated community, as the case may be, from whom the deduction was made, at the address last known to the minister.

Effect of deduction

12.1(5)     The amount of the indebtedness deducted by the minister and paid in accordance with subsection (2) or (3) is deemed to have been paid to the person or the local committee, community council or incorporated community to whom it was payable by the government.

S.M. 1996, c. 47, s. 2.

PART III

LOCAL COMMITTEES, COMMUNITY COUNCILS, CONTACT PERSONS

Establishment of local committees

13(1)        Where the minister deems it advisable in the interests of the residents of an area in Northern Manitoba, other than an area in respect of which a community council is functioning, or which is included in an incorporated community, he may appoint a local committee composed of residents of the area, to assist him,

(a) in providing, maintaining and improving local services in the area; and

(b) by acting in an advisory and consultative capacity to him; and

subject to the written approval of the minister, a local committee may enter into agreements and make arrangements necessary to provide, maintain, and improve local services in the relevant area of Northern Manitoba.

Boundaries

13(2)       The minister may determine the boundaries of the area in which a local committee is to function in such manner and by such means, including the use of photogrammetric surveys, as he considers appropriate.

Remuneration of local committees

13(3)       The minister shall pay the members of local committees such out-of-pocket expenses and remuneration for the performance of their duties as members as provided in regulations and may pay them out of the funds allocated to the local committee.

Local committees as of January 1, 1992

13(4)       A local committee elected before and existing on January 1, 1992 is deemed as of that date to be a community council, and the members of the local committee shall complete their terms of office as if their election to the local committee were to a community council.

Rights and obligations continued

13(5)       Where under subsection (4) a local committee becomes a community council, all existing rights and obligations of the local committee under contract or otherwise are continued in the name of the community council.

Minister may designate community

13(6)       Where the minister considers it advisable and in the interest of the residents of an area in Northern Manitoba, the minister may designate the area as a community to be known as "The Community of (name)", and may

(a) appoint a contact person for the community;

(b) appoint a local committee under subsection (1); or

(c) arrange for the election of a community council under section 15.

Duties of contact person

13(7)       A contact person appointed under subsection (6) shall act in an advisory and consultative capacity to the minister, on behalf of the community.

S.M. 1991-92, c. 39, s. 10.

Community councils continued

14          Subject to the other provisions of this Act, community councils established before this Act comes into force, are continued, and the minister, from time to time, may determine the boundaries of the area in respect of which a community council functions in such manner and by such means including the use of photogrammetric surveys, as he considers appropriate.

Elections

15(1)       The election of members of a community council shall be held in accordance with the regulations.

Term of office

15(2)       Each member of a community council shall hold office for a term prescribed by the Lieutenant Governor in Council by regulation.

Powers of community councils

15(3)       Each community council, may do all things necessary to achieve its purposes; and, subject to the written approval of the minister, it may enter into agreements and make arrangements necessary to provide, maintain and improve local services, and carry out programs and projects in the community.

S.M. 1991-92, c. 39, s. 11.

Remuneration and expenses of community council

16          Members of a community council may be paid from the funds of the community council, in accordance with the regulations, an indemnity or other remuneration and expenses incurred in the performance of duties as members.

S.M. 1991-92, c. 39, s. 12.

Application of certain provisions of Parts V and VI

17          The following apply with the necessary modifications to a local committee or community council:

(a) section 38;

(b) sections 41 to 54, except clauses 47(3)(a) and (b);

(c) section 59 and sections 63 to 65.

S.M. 1991-92, c. 39, s. 13; S.M. 1996, c. 47, s. 3.

Personal liability of members

18(1)       Subject to section 47, except clauses (3)(a) and (b), the members of a community council or a local committee are not personally liable for the debts of the community council or the local committee, as the case may be.

Accounts

18(2)       Each community council and each local committee shall keep books of account of their receipts and expenditures which shall be audited by an auditor appointed by the minister; and the auditor shall send a copy of the report to the community council or local committee concerned.

Minister to approve debts carried over

18(3)       No community council or local committee shall carry over a debt from one fiscal year to the next, except with the written approval of the minister, or a person designated by the minister for the purpose, but where the approval is not obtained, the debt is not invalidated by this provision.

S.M. 1991-92, c. 39, s. 14.

Acquiring property

19          A community council and a local committee may accept donations, grants, and gifts, may acquire personal property necessary for its purposes and may dispose of such personal property when it is not required for its purposes.

Misuse of powers

20(1)       Where the minister is satisfied that a community council or a local committee is misusing its funds or is not looking after its affairs in a proper and straight forward manner or cannot or is unlikely to be able to meet its obligations as they fall due, he or she may

(a) take over the assets, including any cash or credits of the community council or a local committee;

(b) assume the obligations of the community council or local committee; and

(c) take possession of the books of account, records and other documents of the community council or local committee;

or appoint a person to do those things on his or her behalf; and he or she may, with the approval of the Lieutenant Governor in Council, dissolve the community council or local committee.

Dissolution for other reasons

20(2)       Where the minister is satisfied that a local committee or community council is no longer required, owing to a decrease in the population of the community or for any other reason, the minister may recommend to the Lieutenant Governor in Council that the local committee or community council, and the boundaries of the community, be dissolved, and the Lieutenant Governor in Council may do any of the following:

(a) dismiss the members of the local committee or community council;

(b) alter or dissolve the boundaries of the community;

(c) dissolve the local committee or community council;

(d) take over, administer or dispose of the assets.

Minister may change status of community

20(3)       The minister may, with the approval of the Lieutenant Governor in Council, by regulation dissolve a community council or local committee without dissolving the boundaries of the community and may appoint a local committee or contact person for the area.

S.M. 1991-92, c. 39, s. 15; S.M. 1997, c. 12, s. 5.

PART IV

INCORPORATION

Area or community may be incorporated

21(1)       On receipt of a petition signed by not fewer than 15 adult residents of an area or community, the minister may recommend to the Lieutenant Governor in Council that the residents be incorporated as an incorporated community.

Content of petition

21(2)        The petition referred to in subsection (1)

(a) and the signatures on it, shall be verified by the statutory declaration of a person who has knowledge of the facts; and

(b) shall describe the proposed boundaries of the area or community that the petition proposes be incorporated by reference to a survey, landmarks, photogrammetric drawings or maps.

Notice of petition

21(3)       Prior to making the recommendation referred to in subsection (1), the minister shall direct that notice of the petition be given to the adult residents of the area or community referred to in clause (2)(b), in such manner as the minister considers to be appropriate.

Content of notice

21(4)       The notice referred to in subsection (3) shall describe the proposed boundaries of the area or community that the petition proposes be incorporated, and shall invite any person objecting to the petition or the proposed incorporation to submit his or her objection in writing, with a brief statement of the reasons for the objection, to the minister by a date specified by the minister and set out in the notice.

S.M. 1991-92, c. 39, s. 16.

Minister may initiate consultation re incorporation

21.1(1)     Where the minister considers it in the best interests of the residents of an area or community to incorporate the area or community, the minister may, in such manner as the minister considers appropriate,

(a) give notice to the adult residents of the area or community of the possibility of his or her recommending its incorporation; and

(b) consult with the adult residents of the area or community respecting incorporation.

Content of notice

21.1(2)     The notice referred to in clause (1)(a) must

(a) describe the probable boundaries of the area or community if it were incorporated; and

(b) invite any person objecting to incorporation to submit his or her objection in writing, with a brief statement of the person's reasons for objecting, to the minister before a date specified in the notice.

Change of boundaries described in notice

21.1(3)     If at any time the minister determines that the boundaries described in the notice should be changed to an extent that he or she considers significant, the minister shall consult with the adult residents within the boundaries described in the notice and within the proposed boundaries in such manner as he or she considers appropriate.

Minister may recommend incorporation

21.1(4)     After consulting with the adult residents and considering any objections to incorporation, the minister may recommend to the Lieutenant Governor in Council that the area or community be incorporated.

S.M. 1997, c. 12, s. 6.

Regulation to incorporate

22(1)       The Lieutenant Governor in Council may incorporate an area or community by regulation.

Requirements of regulation

22(2)       A regulation under subsection (1) shall

(a) describe the boundaries of the incorporated community and give it a name;

(b) specify whether the mayor is to be elected by the electors of the incorporated community or by the members of the incorporated community council; and

(c) specify the number of members of the incorporated community council

(i) including the mayor, if the mayor is to be elected by the council from its members, or

(ii) in addition to the mayor if the mayor is to be elected by electors.

Additional regulation-making powers

22(3)       A regulation under subsection (1) may

(a) provide

(i) for the election of the first members of an incorporated community council, or

(ii) that the members of a community council or a local committee functioning in the area to be included in the boundaries of the incorporated community constitute the council of the incorporated community on the date specified in the regulation;

(b) if a regulation is made under subclause (a)(i), notwithstanding any regulation made under section 109,

(i) designate the first enumerator, the first revising officer and the first returning officer and assistants to them or any one or more of them, for the incorporated community,

(ii) specify the date by which the preparation and revision of the first voters list shall be completed,

(iii) specify the date and time when, and the place where, nominations of candidates for members of the first incorporated community council shall be made,

(iv) specify the date and time when elections shall be held for the members of the first council of the incorporated community;

(c) subject to regulations made under section 109, fix the terms of office of the members of the first incorporated community council;

(d) specify the date, time and place of the first meeting of the first incorporated community council;

(e) designate the person to act as clerk of the incorporated community until the incorporated community council appoints a clerk;

(f) notwithstanding subsection 89(1), specify the commencement and termination dates of the incorporated community's first fiscal year;

(g) make such additional provisions as in the opinion of the Lieutenant Governor in Council are necessary or advisable for the establishment of the incorporated community and the election or constitution and the operation of its first incorporated community council.

Defining boundaries of incorporated community

22(4)       A regulation under subsection (1) may define the boundaries of an incorporated community by reference to a survey based on astronomical bearings, or, if such a survey is not available, to a photogrammetric survey.

S.M. 1991-92, c. 39, s. 17; S.M. 1993, c. 6, s. 4; S.M. 1996, c. 47, s. 4; S.M. 1997, c. 12, s. 7.

When community council etc. ceases to exist

23          When a regulation under subsection 22(1) makes a provision described in subclause 22(3)(a)(ii) (members of a community council or a local committee constitute the council of an incorporated community), the community council or local committee ceases to exist when the regulation comes into force.

S.M. 1991-92, c. 39, s. 18; S.M. 1996, c. 47, s. 4.

Successor to property

24          When a regulation under subsection 22(1) makes a provision described in subclause 22(3)(a)(ii), the incorporated community is the successor to and the continuation of the former community council or local committee for all purposes and all the property and assets in which the community council or local committee had an interest and all the liabilities incurred in the name of the community council or local committee are vested in and are the responsibility of the incorporated community.

S.M. 1996, c. 47, s. 5.

Employees

25          When a regulation under subsection 22(1) makes a provision described in subclause 22(3)(a)(ii), the incorporated community council shall offer to employ every person who immediately before such incorporation was employed by the former community council or local committee on the same terms and conditions as he was employed by that community council or local committee.

S.M. 1996, c. 47, s. 5.

Employee benefits

26          Where an incorporated community employs a person theretofore employed by a former community council or local committee pursuant to section 25,

(a) the employee shall be deemed to remain an employee of the former employer for the purposes of any sick leave credit plan of that former employer until a sick leave credit plan for the incorporated community employees is established;

(b) the incorporated community shall, during the first year of his employment by the incorporated community provide for that employee vacation and holidays with pay equivalent to those to which he would have been entitled if he had continued to be employed by the former employer; and

(c) all the other terms of employment of that employee, including the amount of his remuneration and pension or superannuation rights and group insurance benefits, if any, shall not be less favourable to him than those he enjoyed in the employment of the former employer.

Inordinate increase in benefit

27          Notwithstanding clause 26(c), where a community council or local committee gives to an employee an inordinate increase in benefits or salary, the minister may reduce the increase in benefits or salary to a level which, in the opinion of the minister, recognizes the training, experience and length of service of the employee and the benefit or salary so reduced shall be deemed the benefits or salary received by the employee from the community council or local committee for the purposes of section 25.

Continuation of actions against

28(1)       When a regulation under subsection 22(1) makes a provision described in subclause 22(3)(a)(ii) and an action is pending against the former community council or local committee, the action may be continued against the incorporated community as the successor of the community council or local committee, as the case may be.

Continuation of actions by

28(2)       When a regulation under subsection 22(1) makes a provision described in subclause 22(3)(a)(ii) and an action commenced by the former community council or local committee is pending, the action may be continued by the incorporated community as the successor of the community council or local committee, as the case may be; but the law and procedure applicable to the action immediately before the former community council or local committee ceased to exist remains applicable until completion of the action.

S.M. 1996, c. 47, s. 5.

Transfer and vesting of rights

29          All rights, claims, estates, property, obligations and liabilities, of, against, vested in, due or payable to or owing or payable by each former community council or former local committee before it ceased to exist pursuant to section 23 become, on the day it ceases to exist, and are rights, claims, estates, property, debts, obligations and liabilities of, vested in, due or payable by, the successor incorporated community.

30          Repealed.

S.M. 1991-92, c. 39, s. 19; S.M. 1993, c. 6, s. 5; S.M. 1996, c. 47, s. 6.

Consultation before amending regulation

31(1)       Before amending a regulation made under section 22, the minister shall consult in such manner as he or she considers appropriate with

(a) the council of the incorporated community;

(b) in the case of an amendment that would add an area to or remove an area from the incorporated community, the adult residents of the area; and

(c) in the case of any other amendment, with the adult residents of the incorporated community.

Review of boundaries

31(2)       The minister shall, within five years after the incorporation of a community, review the boundaries of the incorporated community, after consulting with the council of the incorporated community and with such other persons as he or she considers appropriate.

S.M. 1991-92, c. 39, s. 20; S.M. 1996, c. 47, s. 7.

PART V

POLITICAL ORGANIZATION

Number of members of incorporated community council

32          Each incorporated community council comprises the mayor and such number of other members of council as is specified in the regulations.

S.M. 1991-92, c. 39, s. 21; S.M. 1993, c. 6, s. 6; S.M. 1996, c. 47, s. 8.

Election and term of members

33(1)       The members of the council of an incorporated community shall be elected in accordance with the regulations, and shall hold office for terms prescribed by regulation.

First election and terms

33(2)       All members of an incorporated community council shall be elected at the first election and, where a system of overlapping terms of office applies, the Lieutenant Governor in Council may by regulation prescribe the terms of office of the members.

S.M. 1991-92, c. 39, s. 22; S.M. 1993, c. 6, s. 6; S.M. 1996, c. 47, s. 9.

Term of office of mayor

34(1)       The mayor of an incorporated community shall hold office for such term as is provided in the regulations.

34(2)       Repealed, S.M. 1991-92, c. 39, s. 23.

Election of mayor from members

34(3)       Where the regulations provide that the mayor of the incorporated community is to be elected by the members of the incorporated community council, the following provisions apply:

(a) the mayor shall be elected by a majority of the members of the whole council from its members at its first meeting following an election for a term of one year and shall hold office until the first meeting of the council following the next election or, where the one year expires in a year in which an election is not held, until the day on which an election would be held if there were an election in that year;

(b) where the members of the council are unable to elect a mayor, the chairman may adjourn the meeting to the third following day that is not a holiday, and if the mayor is not then elected, he or she shall forthwith report that fact to the minister, who shall thereupon appoint a member of the council to be the mayor;

(c) should the mayor die, resign, or be removed from office, the council shall by a vote of the majority of the members of the whole council, at the first regular meeting of the council held after the office becomes vacant, elect a new mayor to hold office for the unexpired balance of the former mayor's term and clause (b) applies with such modifications as the circumstances require; and

(d) the mayor may be removed from office by the vote of a majority of the whole council at any time, following 30 days written notice of motion.

S.M. 1991-92, c. 39, s. 23; S.M. 1993, c. 6, s. 6; S.M. 1996, c. 47, s. 10.

Consultation within five years of incorporation

35(1)       Within five years after a regulation incorporating an incorporated community is made under section 22, the minister shall consult with the incorporated community council and such adult members of the incorporated community as he or she considers advisable and, after the consultations, may recommend to the Lieutenant Governor in Council that the regulation incorporating the incorporated community be amended or repealed.

35(2)       Repealed, S.M. 1996, c. 47, s. 11.

35(3) to (7)Repealed, S.M. 1991-92, c. 39, s. 24.

S.M. 1991-92, c. 39, s. 24; S.M. 1993, c. 6, s. 7; S.M. 1996, c. 47, s. 11.

36 and 37   Repealed.

S.M. 1991-92, c. 39, s. 25.

Remuneration

38(1)       No member of an incorporated community council is entitled to any payment, mileage, or indemnity except as is provided in this section and the regulations.

Portion for expenses

38(2)       Subject to the regulations, where a member of an incorporated community council is, under a by-law or a resolution of the council, paid an indemnity, or other remuneration, 1/3 of the amount shall be deemed to be for expenses incident to the discharge of his or her duties as a member of the council.

Condition as to indemnities

38(3)       The by-law of an incorporated community fixing the amount of the indemnity to be paid to the mayor and other members of the council may fix the terms and conditions

(a) as to their attendance at meetings of the council and the committees thereof; and

(b) as to their performing additional duties in connection with the carrying on of the business and affairs and the discharge of the duties and the responsibilities, of the incorporated community.

Indemnities

38(4)       Subject to regulations made pursuant to section 109, an incorporated community may, if a by-law of the council so provides, in lieu of all other indemnities, pay to the mayor and to each other member of council, monthly or annually, such indemnity as the council determines.

Expenses outside incorporated community

38(5)       Subject to the regulations, an incorporated community may pay the travelling expenses and living expenses of a member of the incorporated community council, or of an officer or employee authorized by resolution of the incorporated community council, specifying the purpose of the journey, to go on a special journey beyond the limits of the incorporated community on the business thereof, together with an indemnity of such amount per day as may be fixed by by-law for each day a person is engaged in such business.

Expenses for course of instruction

38(6)       Subject to the regulations, an incorporated community may, if authorized by a resolution of the incorporated community council thereof, pay the registration, tuition, living and travel expenses of a member of the incorporated community council, or of an officer or employee authorized by resolution of the incorporated community council, in attending a course of instruction in municipal administration or public finance, or in taking such a course by correspondence, if the course is one approved by the minister or his or her designate.

Closing office during course

38(7)       Where an officer attending a course of instruction is the only officer who works in the incorporated community office, the incorporated community council may by resolution provide that the incorporated community office be closed while the officer attends the course.

Expenses attending certain meetings

38(8)       Subject to the regulations, an incorporated community may pay the travelling and living expenses of a member of the incorporated community council, or of an officer or employee authorized by a resolution of the incorporated community council, to attend a meeting of

(a) the Northern Association of Community Councils; or

(b) any other organization that, in the opinion of the incorporated community council, it is in its interests to belong;

together with an indemnity to the member of such amount per day as is fixed by by-law of the incorporated community council, for each day the member is engaged in travelling to and from, and attending, any such meeting.

Rates not to exceed government levels

38(9)       Subject to the regulations, the rates fixed by an incorporated community council for indemnities or expenses, including allowances based on distance travelled, payable under this section shall not exceed the amounts or rates payable to persons in the service of, or performing services on behalf of, the government.

Rates paid for irregular meeting

38(10)      No member of an incorporated community council is liable to a fine or penalty or disqualification for receiving an indemnity in respect of a meeting of the community council held at the call of the mayor but without the formalities required to make the meeting lawful.

S.M. 1991-92, c. 39, s. 26.

39          Repealed.

S.M. 1991-92, c. 39, s. 27.

Organization and general powers

40          Subsection 4(1) and subsections 4(3) to (8), sections 81 and 82, subsection 83(1), sections 84 to 86, sections 88 to 92, and sections 96 to 99 of The Municipal Act apply with such modifications as the circumstances require to incorporated communities.

S.M. 1996, c. 47, s. 12.

Meetings

41(1)       Every incorporated community council shall hold its meetings openly at the community centre in the incorporated community, or if there is none, at a suitable building in the incorporated community to which the public has access, where all business shall be transacted.

First meeting of new council

41(2)       In each year, not earlier than the 14th day or later than the 21st day after the second Wednesday in February, an incorporated community council shall hold an organizational meeting to assign duties to its members for the following 12 months, but no duties shall be assigned unless

(a) a quorum of the incorporated community council is present; and

(b) each member present has taken the declaration of election and qualification in accordance with the regulations.

Time of first meeting

41(3)       The meeting referred to in subsection (2) shall be held at 7:00 p.m. or such other time as is fixed by by-law for the holding of regular meetings of the incorporated community council.

Council to meet not less than monthly

41(4)       An incorporated community council shall hold regular meetings as often as it may decide by by-law or resolution, but not less often than once in each month.

Failure to hold meeting

41(5)       An incorporated community council is not dissolved by the fact that a meeting does not take place as required under a by-law, resolution or this Act.

Special meeting

41(6)       A special meeting of an incorporated community council may be convened at any time by the mayor or not fewer than three other members by giving reasonable notice thereof in writing, including a statement of the subjects to be considered, and the notice shall be delivered to the residence of each member in the incorporated community and posted before the special meeting for at least three hours in the office of the incorporated community and in any community centre located in the incorporated community.

Place of special meeting

41(7)       A special meeting of an incorporated community council shall be held at its regular place of meeting and at the hour fixed for regular meetings, unless otherwise stated in the notice of the meeting or in a motion to adjourn a previous meeting or a by-law or resolution of the incorporated community council respecting special meetings.

Participation by residents in public meeting

41(8)       Each incorporated community council shall, in addition to its regular meetings,

(a) at least once in each year invite the residents of the incorporated community to attend a public meeting and participate in a discussion with the members of the incorporated community council of current and proposed programs for the incorporated community;

(b) conduct at least one public meeting of residents and encourage discussion by them respecting preparation of the annual estimates;

(c) at least once in each quarter, conduct a public meeting to consider reports on programs and projects in the incorporated community; and

(d) at a public meeting referred to in clauses (a) to (c), present for discussion the annual statement of revenues and expenditures of the incorporated community.

S.M. 1988-89, c. 13, s. 31; S.M. 1991-92, c. 39, s. 28.

Quorum of community council

42(1)       A majority of the number of members required to constitute an incorporated community council is a quorum for the incorporated community council.

Adjournment where no quorum

42(2)       Where the quorum of an incorporated community council is not present

(a) at the time set for a meeting, or within such further time as is prescribed by the incorporated community council by resolution or by-law; or

(b) during a meeting;

the meeting shall be adjourned, and the clerk shall record in the minute book the names of the members present at the time of the adjournment.

S.M. 1991-92, c. 39, s. 29.

Clerk to give notice of meeting

43(1)       Subject to subsection (2), the clerk shall give written notice to each member of the incorporated community council of the date, time and place of each meeting, unless the council has passed a resolution or by-law under subsection (1.1), in which event the clerk shall give notice in accordance with the resolution or by-law.

By-law or resolution re notice of meetings

43(1.1)     An incorporated community council may by resolution or by-law provide that notice of the date, time and place of meetings of council be given other than in writing.

Where notice not required

43(2)       A regular or special meeting of an incorporated community council may be adjourned to later the same day or to the next day without notice being given to any member not present at the time of the adjournment.

Recording of notice re special meeting

43(3)       An incorporated community council shall cause to be recorded in the minutes of a special meeting whether notice of the meeting was given in accordance with the provisions of this Act to any member of the incorporated community council who is not present at the opening of the special meeting.

Effect of lack of notice of special meeting

43(4)       Where at a special meeting it appears that notice of a special meeting was not given to a member who is not present, no business shall be transacted at the meeting, but notice is deemed to have been given to any member who attends the special meeting.

Notice of public meetings

43(5)        Notice of a public meeting referred to in subsection 41(8) shall be given by posting a notice of the date, time and place of the public meeting for not less than 14 consecutive days before the meeting in the office of the incorporated community and in any community centre in the incorporated community.

S.M. 1991-92, c. 39, s. 29; S.M. 1996, c. 47, s. 13.

Voting by members

44(1)       Each member of an incorporated community council who is present when a question is put shall vote on it, unless the member is excused from voting by a majority of the members who are present, or the member is prohibited from voting by this Act, the regulations or any provision respecting conflict of interest that is adopted by, or applicable to, the incorporated community council.

Voting by mayor

44(2)       When an equal number of votes is cast inclusive of the vote of the mayor, the mayor shall not cast a second vote.

Voting to be open

44(3)       The vote on each question put to an incorporated community council shall be taken by open voting.

Majority to decide

44(4)       A question before an incorporated community council shall be decided by a majority of the votes of the members present except in respect of a matter for which, under this Act or any other Act of the Legislature, another number of votes is required.

Clerk to record result of vote

44(5)       Subject to subsection (9), the clerk shall record, in the minutes of the proceedings, the result of each vote taken at a meeting of an incorporated community council.

Recorded vote

44(6)       Where a member of an incorporated community council requests, immediately after a vote of the members, that the vote of each member be recorded, the clerk shall record in the minutes of the proceedings the names of members who vote in favour of, and those who vote against, the matter in question, and of any members who do not vote.

Limitation on reversing a decision

44(7)       Subject to subsection (8), a question voted on by an incorporated community council shall not be voted on again by the incorporated community council during a period of one year after the decision, unless

(a) written notice that a proposal to reverse the decision will be made at a future meeting is given by a member at a meeting of the incorporated community council; and

(b) a majority of the whole incorporated community council vote in favour of reversing the decision.

Reversing decision at same meeting

44(8)       A decision of an incorporated community council may be reversed at the same meeting at which the decision is made, by unanimous consent of the members who were present when the decision was made.

Recording of reversed decision

44(9)       Where a decision is reversed under subsection (8), the incorporated community council may direct

(a) the manner in which the making and reversal of the decision shall be recorded in the minutes; or

(b) that no record of the making and reversal of the decision appear in the minutes.

S.M. 1991-92, c. 39, s. 29.

Minutes to be kept

45(1)       Each incorporated community council shall cause minutes to be kept of its meetings and the meetings of its committees.

Dispensing with reading of minutes

45(2)       An incorporated community council may by resolution waive the reading of the minutes of a previous meeting if a copy of the minutes is delivered to the residence of every member at least 24 hours before the meeting at which the resolution is proposed.

Minutes to be posted

45(3)       Notwithstanding subsection (1), a copy of the minutes of each meeting of an incorporated community council shall be posted by the clerk in any community centre located in the incorporated community and in the incorporated community office for at least two days before the meeting at which the minutes are to be adopted by the incorporated community council.

S.M. 1991-92, c. 39, s. 29.

Order of business

46(1)       Subject to subsection 45(2), when the mayor or the chairperson takes the chair, the minutes of the preceding meeting shall be read by the clerk in order that any error therein may be corrected by the incorporated community council, and after the minutes are read and any corrections made, the minutes shall be adopted and signed by the mayor or chairperson and by the clerk, and the incorporated community council shall, after any petition received under section 48 has been read, proceed to the business listed in the agenda for the meeting.

Business at special meeting

46(2)       At a special meeting of an incorporated community council, no subject or matter other than is mentioned in the notice of the meeting shall be considered.

46(3)       Repealed, S.M. 1991-92, c. 39, s. 30.

S.M. 1988-89, c. 13, s. 31; S.M. 1991-92, c. 39, s. 30.

Unauthorized expenses an offence

47(1)       A member of an incorporated community council who

(a) expends or authorizes the expenditure of any money of the incorporated community without first being empowered to do so by by-law or resolution of the incorporated community council passed under the authority of an Act of the Legislature; or

(b) accepts or votes in favour of paying to a person, including a member of the incorporated community council, an amount not authorized by this Act or any other Act, or an amount for any purpose greater than is permitted by this Act or any other Act;

is guilty of an offence and is liable to a fine of not more than $500. and, in default of payment, to imprisonment for a term not exceeding six months.

Civil liability

47(2)       In addition to any penalty incurred under subsection (1), a member of an incorporated community council who commits an offence under subsection (1) is liable for the amount of the expenditure or payment in a civil action instituted against the member by the incorporated community or a ratepayer thereof on behalf of, and for the benefit of, the incorporated community.

Exceptions to subsection (1)

47(3)       Subsection (1) does not apply to an expenditure that is authorized in advance by the mayor or, in the absence of the mayor, the deputy mayor, and that

(a) is for an amount not exceeding $750. and is necessary and urgent to repair a public work of the incorporated community, or to aid a person in need in the incorporated community;

(b) is made in respect of an emergency or disaster where a proclamation issues under The Emergency Measures Act proclaiming that a state of emergency exists in an area that includes the incorporated community or the part of it in respect of which the expediture is made; or

(c) is required to meet regular recurring periodic obligations, for the payment of which the incorporated community council has given general authority.

S.M. 1991-92, c. 39, s. 31.

Petitions

48          An incorporated community council shall receive a petition sent or submitted to it or the clerk by any person, including a member of the incorporated community council, and the incorporated community council shall cause every petition received by it or the clerk to be read at the next meeting of the incorporated community council following the receipt of the petition, or at a future meeting requested in the petition.

S.M. 1991-92, c. 39, s. 31.

Hearing of parties

48.1        A person entitled to be heard before an incorporated community council or any committee thereof may be heard in person or through another person acting on his or her behalf.

S.M. 1991-92, c. 39, s. 31.

Delegation by council to committees

48.2(1)     An incorporated community council may appoint committees comprised of as many of its members as it considers necessary or advisable, and may delegate to a committee

(a) the examination of a question;

(b) the management of any business of the incorporated community council; and

(c) after adopting a report from a committee under subsection (4), the execution of any duty except the revision of the assessment roll and the making of a contract.

Committee may meet in camera

48.2(2)      Meetings of a committee of an incorporated community council may be held in camera.

Report of committee to council

48.2(3)     A committee appointed under subsection (1) shall, after each of its meetings, report to the incorporated community council, either in writing or by an oral statement made by the convenor or a member of the committee authorized by the committee for the purpose.

Effect of committee report

48.2(4)     A report or order of a committee of an incorporated community council has no force or effect until it is adopted by the incorporated community council at a regular meeting or special meeting.

S.M. 1991-92, c. 39, s. 31.

Proposed by-laws to be posted

49          Notwithstanding any other provision of this Act, no by-law shall be finally enacted unless a notice describing the substance and effect of the by-law is posted for at least seven consecutive days in the community centre, if any, in the incorporated community and in the offices of the incorporated community.

Inspection of books and documents

50(1)       The clerk of an incorporated community, on demand by any person when the office of the incorporated community is open, shall without delay produce for examination by the person

(a) the latest assessment roll;

(b) the latest list of electors;

(c) any monthly financial statement for the then current year prepared by the treasurer;

(d) any report of the auditor;

(e) the minutes of any meeting of the incorporated community council; or

(f) any by-law or resolution of the incorporated community council.

Inspection of other documents

50(2)       With the approval by resolution of the incorporated community council, the clerk of an incorporated community, on demand by any person when the office of the incorporated community is open, shall without delay produce for examination by the person any other record or document of the incorporated community in the possession or under the control of the clerk.

Furnishing of copies

50(3)       The clerk, on demand by a person and on payment of the fee set under subsection (4), shall within a reasonable time furnish to any person a copy, certified under the clerk's hand and under the corporate seal of the incorporated community, of any record or document

(a) referred to in subsection (1); or

(b) that the clerk is required to produce for examination under subsection (2).

Fee for copies

50(4)       The council of an incorporated community may by by-law or resolution set a fee per page for copies of records and documents described in subsection (3).

Offence and penalty

50(5)       Any clerk who contravenes this section is guilty of an offence and is liable on summary conviction to a fine of not more than $500.

S.M. 1991-92, c. 39, s. 32; S.M. 1996, c. 47, s. 14.

51 to 53    Repealed.

S.M. 1996, c. 47, s. 14.

Translation of council debates

54          Any member of an incorporated community council at any regular or special meeting, may require that the motion, debate, resolution, or by-law be translated into a language which he declares that he understands; but the chairman of the meeting may require him to make his declaration under oath.

Chairman of meetings

55(1)       The mayor shall preside at all meetings of the incorporated community council whenever he is present and he or the other chairman shall,

(a) maintain order; and

(b) decide questions of order, subject to an appeal to the council.

Removal of persons from meetings

55(2)       Where, at a meeting of the incorporated community council, any person other than a member of the council is, in the opinion of the mayor or other chairman, guilty of disorderly or improper conduct, the mayor or other chairman may require that person to leave the meeting forthwith and, if he fails to do so, may cause him to be removed.

Removal of councillor from meeting

55(3)       Where, at a meeting of the council, a member of the incorporated community council is guilty of disorderly or improper conduct, the council by a resolution passed by a majority of the other members present, may require him to leave the meeting forthwith, and if he fails to do so may cause him to be removed.

Duties of mayor

56(1)       Subject to subsection 55(1), the incorporated community council may, by by-law, define the duties and the responsibilities of the mayor.

Mayor may administer oath

56(2)       The mayor may administer an oath, affirmation, or declaration to any person concerning any account or other matter submitted to the council.

Appointment of deputy mayor

57(1)       An incorporated community council may, by resolution, appoint from among its members a deputy mayor; provided that the deputy mayor may be removed from office by a majority of the members of the council following at least seven days written notice of motion given by at least two members of the council.

Duties and powers of deputy mayor

57(2)       While acting as the chairman of the incorporated community council, the deputy mayor shall perform and exercise the duties and powers of the mayor.

When deputy mayor to act

57(3)       Where the office of the mayor is vacant by reason of the death or resignation of the mayor or of his refusal to act, the deputy mayor shall continue as acting mayor, until a new mayor is appointed or elected pursuant to this Act.

Other chairman of meetings

58(1)       Where, at any meeting of the incorporated community council, the mayor and the deputy mayor are absent, the members present may, if they constitute a quorum of the incorporated community council, fifteen minutes after the hour fixed for the meeting, appoint a chairman from among themselves who shall preside until the mayor or deputy mayor is present.

Powers of chairman

58(2)       A chairman appointed under subsection (1) has the same authority, and shall exercise the same functions in presiding at the meeting as the mayor might have had or exercised if present.

Authority to administer oaths

59(1)       Except where otherwise specifically provided in this Act, any oath, affirmation, affidavit, statutory declaration, or other declaration that is required or authorized to be administered, sworn, affirmed, taken, made or declared under this Act may be administered by, or sworn, affirmed, taken, made or declared before,

(a) a person by or before whom an oath, affirmation, affidavit, or statutory declaration may be administered, sworn, affirmed, taken, made, or declared within the province under The Manitoba Evidence Act; or

(b) an enumerator, revising officer, returning officer or poll clerk, or the mayor.

Oath of official not to be taken before himself

59(2)       A person required or authorized under this Act to take, affirm, make or declare an oath, affirmation, affidavit, statutory declaration or other declaration shall not administer the oath or affirmation to himself, or take, affirm, make or declare the affirmation, affidavit, statutory declaration or other declaration before himself.

No fee to be charged

59(3)       A person referred to in subsection (1) who administers an oath or affirmation or takes or receives an affirmation, affidavit, statutory declaration or other declaration under this Act shall do so without fee or charge.

Affirmation of witness instead of oath

59(4)       A person who is about to give evidence or who takes an affidavit shall be permitted to make a solemn affirmation or declaration in the manner provided in The Manitoba Evidence Act instead of taking an oath, and, when the person makes the solemn affirmation or declaration, the evidence or affidavit shall be given or taken and has the same effect as if taken or made under oath.

Form of affirmation

59(5)        Where a person to whom subsection (4) applies is about to give evidence on affirmation or declaration, it shall be in the following form:

I (you) A.B. solemnly affirm (or declare) that the evidence to be given by me (you) shall be the truth, the whole truth, and nothing but the truth.

References to taking an oath

59(6)       In this Act, a reference to the taking or swearing of an oath or affidavit includes the making of an affirmation or a declaration.

S.M. 1996, c. 47, s. 15.

Authentication of by-laws

60          Every by-law of an incorporated community council shall be authenticated by,

(a) the seal of the incorporated community;

(b) the signature of the mayor, the deputy mayor, or the chairman presiding at the meeting of the council at which the by-law was passed; and

(c) the signature of one other member of the incorporated community council.

Procedure

61(1)       Sections 188 to 191 and 194 to 202 of The Municipal Act apply with such modifications as the circumstances require to the enactment of by-laws by an incorporated community council.

Promulgation of by-law

61(2)       A by-law enacted by an incorporated community council may be promulgated by posting a copy of it for at least two weeks in the community centre, if any, in the incorporated community and in the offices of the incorporated community and by publishing a notice of it once in the Manitoba Gazette which copy and notice sets forth concisely the object of the by-law and the following statement:

"All persons are hereby required to take notice that any one desiring to apply to have the by-law, or any part thereof, quashed, or declared invalid or void, must make his application for that purpose to a judge of the Court of Queen's Bench on or before (here state last date on which applications to quash by-law may be made which is not to be earlier than five weeks from the date the by-law was first posted)."

S.M. 1996, c. 47, s. 16.

PART VI

ADMINISTRATIVE ORGANIZATION

Officers of incorp. communities

62          The officers of an incorporated community are the mayor, the deputy mayor, the manager, if any, the clerk, the treasurer, the secretary-treasurer, if any, and also any full time employee of the incorporated community who is designated as an officer thereof by by-law enacted by the council.

Clerk

63(1)       Every incorporated community council shall by by-law, appoint a clerk of the incorporated community who may be paid an annual salary.

Administrative duties of clerk.

63(2)       The clerk of an incorporated community shall

(a) subject to subsections 44(8) and (9), truly record in a minute book, without note or comment, all resolutions, decisions and other proceedings of the incorporated community council;

(b) if required by any member of the incorporated community council as provided in subsection 44(6), record the name and vote of every member voting on any matter submitted;

(c) enter in the minutes of every meeting the names of the members of the incorporated community council present at the meeting;

(d) transcribe into a suitable register, and have custody of, all by-laws and, having seen to their proper completion, preserve and keep safe the original by-laws;

(e) subject to any by-laws regarding the retention of documentation, take charge of and keep on record all other books, papers, accounts, plans, maps, correspondence and other documents committed to his charge by the incorporated community council and deliver them to his successor or such other person as the council may designate upon his ceasing to hold office;

(f) prepare and transmit to the minister such statements and reports and such other information in regard to the incorporated community as may be required by the minister and in such form as the minister may direct;

(g) when required to do so by the auditor or the minister or any person authorized by the minister for the purpose, produce the minute and other books and all papers and records of any kind in his possession that the auditor or the minister is entitled to examine under this Act;

(h) advise the minister of the names and addresses of the persons elected as councillors or mayor without delay after the holding of any regular election or by-election;

(i) have custody of the corporate seal of the incorporated community; and

(j) perform such other duties as the incorporated community council may prescribe.

S.M. 1996, c. 47, s. 17.

Appointment of acting clerk

63.1(1)     Where the clerk of an incorporated community is absent from the incorporated community, or is incapable, through illness or other cause, of performing his duties, or where the office of clerk is vacant, the incorporated community council may, by resolution, appoint another person, who is not a member of the council, as acting clerk to act in the stead of the clerk.

Duties of acting clerk

63.1(2)     A person appointed under subsection (1) has all the powers, and shall perform all the duties, of the clerk, and is subject to all the penalties to which the clerk is liable.

S.M. 1996, c. 47, s. 17.

Financial duties of clerk

64(1)        The clerk of every incorporated community shall

(a) collect, receive, and safely keep all money belonging to, or accruing to, the incorporated community, and issue or cause to be issued receipts for the money;

(b) at least once in each week deposit, or cause to be deposited, all money of the incorporated community received by him, in a bank designated by the incorporated community council, to the credit of the incorporated community in an account kept in the name of the incorporated community;

(c) deposit, in a separate trust account or trust accounts in a bank designated by the incorporated community council, to the credit of the incorporated community, all trust money of the incorporated community;

(d) pay all accounts that are a proper charge against the incorporated community and payment of which has been properly authorized by the incorporated community council as provided herein;

(e) subject to subsection (2), sign all necessary cheques;

(f) keep the money of the incorporated community entirely separate from his own money; and

(g) prepare and transmit to the minister such statements, reports and other information in regard to the incorporated community as may be required by the minister and in such form as the minister may direct.

Co-signing of cheques

64(2)       The mayor, or such other person as the incorporated community council by resolution appoints, shall sign all cheques with the clerk.

S.M. 1996, c. 47, s. 18; S.M. 1997, c. 12, s. 8.

Notice by clerk to minister

64.1        A clerk, within five days after his appointment to office, shall inform the minister of the appointment and of his full name and post office address, and the name of the bank and its branch in which the incorporated community for which he is clerk keeps its account.

S.M. 1996, c. 47, s. 18.

Statement by clerk

64.2        At the first meeting of the incorporated community council in each year the clerk shall make a written statement to the council showing therein all occupations in which he is engaged, that involve the receipt by him of money other than that belonging to the incorporated community, and the clerk shall subsequently report any such additional occupation or any discontinuance thereof as and when it occurs.

S.M. 1996, c. 47, s. 18.

Monthly statement to council

64.3        A clerk shall on or before the 20th day of each month prepare and deliver to the mayor of the incorporated community a statement showing

(a) the revenue and expenditure of the incorporated community for the period from the beginning of the year in which that month occurs up to the last day of the last preceding month;

(b) the standing of general ledger balances as at the last day of the last preceding month; and

(c) the standing of all accounts as at the last day of the last preceding month;

and any other information that may be required, in a form prescribed by the minister; and the statement shall be read at the next meeting of the incorporated community council and handed to the finance committee to examine and report thereon.

S.M. 1996, c. 47, s. 18.

Certain payments forbidden

64.4(1)     Except as permitted by this Act, no member of the council of an incorporated community shall receive any money from the clerk for any work or services performed or to be performed by the member or any other person, or for any material supplied, or to be supplied, by the member or any other person.

Indemnity

64.4(2)     The clerk is not liable to any action at law for any money paid by him in accordance with any by-law or resolution passed by the incorporated community council, unless another disposition of the money is expressly made or the payment thereof is expressly forbidden by statute.

S.M. 1996, c. 47, s. 18.

By-laws affecting clerk

64.5        Every clerk is responsible for conducting the business and performing the duties of his office in accordance with this Act and the regulations and any by-laws and resolutions of the incorporated community.

S.M. 1996, c. 47, s. 18.

Appointment of administrator

65          The council of an incorporated community may by resolution appoint an administrator.

S.M. 1996, c. 47, s. 19.

Where community has both administrator and clerk

65.1        The council of an incorporated community that has an administrator and a clerk may by resolution determine which of the functions of the clerk in sections 63 and 64 are to be carried out by the administrator and thereupon the functions of the clerk are deemed to be those of the administrator and cease to be those of the clerk.

S.M. 1996, c. 47, s. 19.

66          Repealed.

S.M. 1996, c. 47, s. 20.

Inspections and enforcement officers

67          An incorporated community council may appoint an inspection and enforcement officer or officers and section 161 of The Municipal Act applies with such modifications as the circumstances require.

Officers and employees generally

68          Subject to the other provisions of this Act, incorporated community councils have the same power to appoint, designate the duties and powers of, fix the remuneration of, and suspend or dismiss an officer or employee of the community, as a council of a municipality has pursuant to The Municipal Act, and sections 162 to 176 of The Municipal Act apply with such modifications as the circumstances require.

Auditor and book-keeping

69          The minister shall,

(a) prescribe the manner in which the auditor shall prepare the statements and schedules which accompany the report required under section 77; and

(b) prescribe the number and form of books of account to be kept and the system of book-keeping to be adopted and maintained by the treasurers of all incorporated communities.

Furnishing information to minister

70          The auditor and the treasurer of each incorporated community shall furnish to the minister such information, returns, statements, and reports as he may require and the auditor shall make for the minister such further examinations and reports as the minister may require.

Treasurer and auditor to comply

71          The treasurer and auditor of each incorporated community shall comply with all matters and things prescribed by, and all the requirements of, the minister under sections 69 and 70.

Appointment of auditors

72          The minister may

(a) appoint such suitable and qualified persons as auditors as the minister deems necessary to carry out the duties of auditors imposed under this Act; and

(b) specify the person or persons to whom each auditor shall report.

S.M. 1996, c. 47, s. 21.

Remuneration of auditors

73          The minister shall fix the remuneration of the auditors and that of the assistant auditors; and that remuneration, together with the expenses incurred by them in auditing the accounts of an incorporated community shall be paid by that incorporated community.

Qualifications of auditors

74          In determining whether a person is qualified to be appointed as an auditor, the minister shall have regard to,

(a) his education;

(b) his training in accounting and auditing; and

(c) his practical experience in auditing.

Appointment of partnership

75          A firm of accountants who are partners may be appointed as an auditor if each of the members of the partnership possesses, in the opinion of the minister, the qualifications for appointment as an auditor having regard to the matters set out in section 74.

Assignment of auditors

76          Each year the minister shall assign to each incorporated community an auditor appointed under section 72 or 75 and a certificate of the assignment of an auditor purporting to be under the hand of the minister is sufficient evidence, in any prosecution under this Act of the due appointment and assignment of the auditor under this Act.

Annual audit and report

77          Sections 604 to 615 of The Municipal Act apply to incorporated communities with such modifications as the circumstances require except that a reference to the "director" shall be read as a reference to the person or persons to whom an auditor is required to report under clause 72(b).

S.M. 1996, c. 47, s. 22.

Minister may make orders

78          For the purpose of carrying out the provisions of this section according to their intent, the minister may make such orders as are ancillary thereto and are not inconsistent therewith; and every order made under, and in accordance with the authority granted by, this section has the force of law, and without restricting the generality of the foregoing, the minister may make orders respecting,

(a) the manner in which receipts, moneys, and securities of an incorporated community shall be kept to preserve and protect the assets of the incorporated community;

(b) the use of assistants in connection with the making of an incorporated community audit; and

(c) such other matters and things as, in his opinion, are conducive to a thorough and systematic conduct of the affairs of an incorporated community, or any of them, by the treasurers and officers thereof.

Offences and penalties

79          Sections 617 to 620 of The Municipal Act apply with such modifications as the circumstances require to incorporated communities.

PART VII

POWERS OF INCORPORATED COMMUNITY

Regulatory powers

80(1)       Subject to the other provisions of this Act, the Lieutenant Governor in Council may make regulations which make applicable with such modifications as the circumstances require to an incorporated community, its council, officers, employees and individuals, of The Municipal Act,

(a) Subdivisions I, to VII, XIII, XIV, and XVI of Division I of Part V;

(b) Subdivisions I, II, IV, and V of Division II of Part V;

(c) section 287 and Subdivisions II, V and VI of Division III of Part V;

(d) Subdivisions II to VIII of Division IV of Part V;

(e) Subdivisions I to III, V to VII, IX and XI of Division V of Part V;

(f) Subdivisions I and IV of Division VI of Part V;

(g) Subdivisions II, and VII to X of Division VII of Part V;

(h) subsections 442(1), (2), (6) and Divisions I, III, VI and VII of Part VI; and

(i) Part XIII.

Rights and restrictions of individuals

80(2)       Where regulations have been made pursuant to subsection (1), an individual affected by an act or omission for which an incorporated community is responsible, has the same rights and is subject to the same limitations and restrictions as if the act or omission had been one for which a municipality is responsible pursuant to the provisions of The Municipal Act referred to in subsection (1).

Municipal Act

80(3)       Notwithstanding subsection (1),

(a) subsection 212(2);

(b) clauses 245(1)(c) to (e) and (h) and (p) and subsections 245(2) and (4) to (6);

(c) subsection 345(3);

(d) sections 360 and 361;

(e) subsection 363(2);

(f) clause 368(b);

(g) subsection 380(2);

(h) section 381;

(i) sub-clause 386(1)(c)(ii); and

(j) section 387;

of The Municipal Act, do not apply to incorporated communities.

Power to levy taxes

80(4)       An incorporated community's power to levy annual taxes pursuant to a regulation made under subsection (1), is deemed to be a power to levy annual taxes upon all taxable property in the incorporated community only.

No power to issue debentures

80(5)       Notwithstanding subsection (1), where an incorporated community has power to contract a debt not payable within the year in which it is contracted pursuant to a regulation made under subsection (1), it does not have power to issue debentures.

Police services

81(1)       The Lieutenant Governor in Council may make regulations authorizing an incorporated community council to appoint a chief constable and one or more constables and may make applicable section 291 and sections 293 to 295 of The Municipal Act with such modifications as the circumstances require.

Agreements re policing

81(2)       Where regulations have been made pursuant to subsection (1), subject to the approval of the minister, an incorporated community may enter into an agreement with,

(a) The Government of Canada or any ministry or agency thereof;

(b) The Province of Manitoba;

(c) a municipality, a local government district, or another incorporated community; or

(d) any one or more of them;

whereby

(e) the duties assigned by by-law passed by the council to the police of the incorporated community will be undertaken and carried out by the members of a police force that is under the control or supervision of the Government of Canada, or a municipality, local government district, or other incorporated community, as the case may be; and

(f) the incorporated community undertakes to pay part of the cost thereof.

Agreements re facilities

81(3)       An incorporated community, subject to the approval of the minister, may enter into an agreement with the Government of Canada or any ministry or agency thereof, the Government of Manitoba, a municipality, a local government district or an incorporated community, or any one or more of them, whereby one of the parties to the agreement will do one or more of the things referred to in clauses 291(a) to (c) of The Municipal Act and the other party or parties to the agreement will share the payment of the cost thereof.

Provincial Police Act

81(4)       Incorporated communities are deemed to be rural municipalities for the purposes of The Provincial Police Act.

Nuisance grounds

82(1)       The Lieutenant Governor in Council may make regulations authorizing an incorporated community council, subject to the approval of the minister, to pass by-laws for acquiring and holding for the use of the incorporated community, lands situated within or outside the incorporated community to be used for the purpose of a nuisance ground, disposal area, or land fill disposal area and clauses 346(1)(b) and (c) and subsection 346(2) of The Municipal Act apply with such modifications as the circumstances require.

Scavenging system

82(2)       Subsections 347(1) and (2) of The Municipal Act apply with such modifications as the circumstances require to incorporated communities.

Utilities

83          Sections 693 to 712 of The Municipal Act apply with such modifications as the circumstances require to incorporated communities.

Power to acquire property

84(1)       An incorporated community may acquire, use, lease and dispose of personal property and acquire, use and lease real property and sections 203 to 205, subsections 206(1), (3) and (4) and sections 207 to 210 of The Municipal Act apply with such modifications as the circumstances require.

Power to develop land

84(2)       An incorporated community may develop or redevelop land acquired by it, and, without limiting the generality of the foregoing, may provide services for the land.

Power to establish business

85(1)       An incorporated community may,

(a) establish, acquire, own, operate and manage a commercial or industrial business or activity in Northern Manitoba, on its own account, with the Government of Manitoba, a ministry or agency thereof, an incorporated community, or any one or more of them;

(b) acquire, develop, redevelop, use and lease real and personal property in connection therewith; and

(c) enter into agreement in exercising its powers under clauses (a) and (b) with the Government of Canada, ministry or agency thereof, the Government of Manitoba, a ministry or agency thereof, an incorporated community, municipality or local government, or any one or more of them.

Mortgage of property

85(2)       Notwithstanding any other provision of this Act, where real or personal property is acquired pursuant to subsection (1), with the prior approval of the minister, the incorporated community may make a mortgage of such property to the vendor of it, to secure the whole or any part of its purchase price.

Disposal of property

85(3)       Subsection 84(1) applies to the disposal of property acquired pursuant to subsection (1).

Homes for elderly persons

86(1)       An incorporated community council may enter into agreements into all or any acts or things that are necessary under The Elderly and Infirm Persons' Housing Act or The Manitoba Housing and Renewal Corporation Act or both of these Acts to provide housing for elderly persons as defined in The Elderly and Infirm Persons' Housing Act.

Acquisition of housing for rent

86(2)       Subject to The Housing and Renewal Corporation Act, an incorporated community may acquire, take, and expropriate land with or without the consent of the owner, whether or not there are dwellings thereon, and may construct dwellings on land acquired by it and rent the dwellings so acquired or constructed at such rentals as the council fixes; and the power of an incorporated community under this section is not less than its power to acquire and lease lands generally.

PART VIII

APPEALS

Appeal to minister

87(1)       Wherever a person requires a licence or permit to be issued or renewed by an incorporated community before he may carry on, or continue to carry on a trade or occupation and the incorporated community or an officer thereof, has refused to issue or renew the licence or permit, has neglected or refused to deal with the application for 30 days, or more, or has revoked the licence or permit, the person may appeal to the minister,

(a) by sending him a written notice of appeal by registered mail, or delivering it to him, within 90 days following receipt by the appellant of the decision; and

(b) by delivering a copy of it to the clerk of the incorporated community within the same period.

Contents of notice of appeal

87(2)       The notice of appeal referred to in subsection (1) shall,

(a) identify the by-law or other statutory authority under which licence or permit was required;

(b) state the date on which the decision to refuse to issue the licence or permit or the renewal or revocation of a licence or permit was received by the appellant;

(c) in the case of an appeal from a refusal to issue a licence or permit or a renewal thereof, briefly state the grounds in support of the appeal;

(d) in the case of an appeal from a decision revoking a licence or permit, briefly state the grounds in support of the appeal;

and there shall be appended thereto,

(e) a copy of the application for the licence, permit, or the renewal thereof;

(f) a copy certified, pursuant to this Act, of the by-law, if any, under which the licence, permit or renewal thereof was required; and

(g) a copy of the written notification, if any, received by the appellant that his application for a licence, permit or renewal thereof was refused, or his licence or permit was revoked.

Minister to invite response

87(3)       The minister shall invite a written response to be made to the appeal by the incorporated community, within a period specified by him and the incorporated community shall send a copy of its response, if any, to the appellant by registered mail or cause it to be delivered to his residence, forthwith.

Minister's powers

87(4)       The minister may dismiss the appeal, or may make any decision that the incorporated community or an officer thereof could have made on the original application or at the time when the decision was made to revoke the licence or permit as the case may be.

Appointment of person to inquire

87(5)       Before acting pursuant to subsection (4), the minister may appoint a person who in his opinion is suitable and qualified to conduct an inquiry into the matter and report thereon to the minister in writing together with his recommendation, if any, and subsections 10(3) to (7) apply with such modifications as the circumstances require.

Copy of report

87(6)       In addition to the requirements of subsection (5) on receipt of the report of the person appointed to conduct the inquiry, before accepting or rejecting his recommendations in whole or in part, the minister shall send copies of the report to the appellant and to the clerk of the incorporated community by registered mail; provided that the requirements of this subsection are satisfied, if copies of the report are delivered to the appellant's residence or the offices of the incorporated community, as the case may be.

Effect of minister's decision

87(7)       The decision of the minister pursuant to subsection (4) is final and binding on the incorporated community and all persons.

Judicial proceedings

88          Where an incorporated community has been incorporated pursuant to this Act, Part XIV of The Municipal Act applies with such modifications as the circumstances require.

PART IX

FINANCE

Fiscal year

89(1)       The fiscal year of an incorporated community begins on April 1 in each year and ends on March 31 of the next succeeding year.

Annual estimates

89(2)       Each incorporated community council, shall in each year, make estimates, (hereinafter called "the annual estimates")

(a) of all amounts required for the lawful purposes of the incorporated community for operating expenditures for that year, including, without restricting the generality of the foregoing, all amounts required to pay the debts of the incorporated community, whether of principal or interest, becoming due and payable during that year;

(b) of all amounts that it will be required to raise or spend in that year for capital purposes;

(c) of all amounts that come under this Act, or any other Act, it is required by the levying of taxes;

(d) of the amount of any operating deficit incurred in the last previous year;

(e) of the amount required to defray the cost of collection of taxes, and the abatement and losses which may occur in the collection of taxes, whether incorporated community taxes, school taxes, or other taxes, making due allowance for taxes unpaid on lands purchased by the incorporated community at tax sale and deemed by the council to be uncollectable; and

(f) an amount equal to the amount of the levies made by the minister for the fiscal year pursuant to The Public Schools Act which in his opinion are properly apportioned to the incorporated community; provided that the Lieutenant Governor in Council may exempt any incorporated community from the requirement of this clause; and

(g) an amount equal to the amount of the premium, if any, which the minister is requested to add to the tax roll pursuant to The Health Services Insurance Act.

Manner and form of estimates

89(3)       The annual estimates shall be made in the manner, and the form, prescribed by the minister.

89(4)       Repealed, S.M. 1997, c. 12, s. 9.

S.M. 1997, c. 12, s. 9.

Source of capital expenditures

90          All amounts expended by an incorporated community for capital purposes shall be paid from,

(a) moneys paid to the incorporated community as a grant or subsidy; or

(b) moneys raised as an operating revenue.

Operating expenditures

91          Subject as in this Part provided, the operating expenditures of an incorporated community shall not exceed the operating revenues of the incorporated community for that year.

Approval of excess expenditures

92(1)       Where an incorporated community council proposes to incur an operating deficit in any year by authorizing or making expenditures in excess of operating revenues for that year, it shall not incur that operating deficit unless it has first obtained the written approval of the minister, or unless it has first made provision to incur that operating deficit by including in its annual estimates an equivalent transfer from surplus cash available at the end of the immediately preceding year, and subsections 570(4) to (7) to The Municipal Act apply with such modifications as the circumstances require.

Taxes for operating deficits

92(2)       In a case to which subsection (1) applies, the minister may, by written order require the incorporated community to levy taxes,

(a) for the operating deficit so authorized; or

(b) if the operating deficit actually incurred is less than that so authorized, for the actual operating deficit;

over such number of years not exceeding three, as he considers appropriate.

Borrowing for current expenses

93(1)       An incorporated community council except as in this Act otherwise provided, may authorize the mayor with the treasurer or the secretary-treasurer, under the seal of the incorporated community, to borrow such amounts as the council deems necessary to meet the then current or capital expenditures and obligations of the incorporated community, until such time as the taxes levied therefor are collected.

Limitation

93(2)       Except with the written approval of the minister, the total of the amounts borrowed under subsection (1) in any year shall not exceed an amount equal to the amount of the total amount of the taxes collected in the last preceding year.

Regulation of amounts borrowed

93(3)       An incorporated community council shall by by-law, regulate and control the amounts to be borrowed in any year under subsection 458(1) and subsections 458(3) to (7) of The Municipal Act apply with such modifications as the circumstances require.

Guarantee of repayment

94          The Minister of Finance, with the approval of the Lieutenant Governor in Council may guarantee on behalf of the Government of Manitoba, the repayment of money borrowed by an incorporated community from any person pursuant to this Act.

Tax by-law to be given first reading by April 15

95(1)       The council of each incorporated community shall, not later than April 15 of each year, give first reading to one or more by-laws levying taxes of such number of mills on each dollar of the assessed value of the property in the community as the council considers sufficient to raise the money required under the annual estimates adopted by the council, and the estimates shall be attached to each of the by-laws as a schedule.

Copies of by-law to minister

95(2)       Forthwith after first reading of a by-law under subsection (1) the clerk of the incorporated community shall forward two copies of the by-law to the minister.

Notification to community by minister

95(3)       Where in the opinion of the minister, the by-law

(a) contains any provision that is contrary to, or is not in accord with, any provision of this Act; or

(b) is deficient in any matter of form;

he shall forthwith notify the incorporated community respecting those provisions or deficiencies, and the council shall correct the by-law in respect of those matters before giving second reading thereto.

Passing of by-law

95(4)       On or before June 15 in each year the council shall give second and third reading to, and pass each by-law to which reference is made in subsection (1).

S.M. 1997, c. 12, s. 10.

Amount charged is lien on land

96          Every amount authorized by this Act to be charged against any land is a lien and charge upon that land and shall be collected in the same manner in which ordinary taxes upon the land are collectable and with the like remedies.

Application of tax provisions in S.M. 1996, c. 58

97          Subject to this Part, Parts 10 (Powers of Taxation) and 11 (Tax and Debt Collection), except section 373 (conflict of interest), of The Municipal Act apply to an incorporated community, with necessary modifications.

S.M. 1997, c. 12, s. 11.

98 and 99   Repealed.

S.M. 1997, c. 12, s. 11.

Taxes are imposed for calendar year

100(1)      Taxes levied for a year are deemed to be imposed for the period January 1 to December 31 of that year.

By-law may fix date for payment of tax

100(2)      The council of an incorporated community may by by-law provide that taxes levied for a year are due and payable on a date between April 1 and October 31 in that year as fixed in the by-law and, subject to subsection (3), the taxes are due and payable accordingly.

Payment of tax by instalments

100(3)      The council of an incorporated community may by by-law provide that taxes may be paid by such instalments as are set out in the by-law, at times between April 1 and October 31 of the year for which the taxes are levied.

When tax is payable at par

100(4)      Subject to subsection (5) taxes are payable at par

(a) at any time during the year for which they are levied; or

(b) where a by-law is passed under subsection (3) at any time preceding the date fixed in the by-law is the date on which the taxes are due and payable.

Provision for discount

100(5)      An incorporated community council may, by by-law, provide that a discount shall be allowed for prepayment of taxes

(a) before March 1 of the year for which the taxes are levied; or

(b) before such other date in that year as is fixed in a by-law passed under subsection (3).

Amount of discount

100(6)      An incorporated community council may, by by-law, allow a discount, at a rate not exceeding 9% per year, for repayment of taxes before the day in which they are due and payable.

Discount for prepayment

100(7)      Where the incorporated community council has provided for payment of taxes by instalments pursuant to subsection (3), it may, in a by-law provide for discount for prepayment of any such instalment.

Imposition of penalty

100(8)      Upon all taxes remaining unpaid

(a) after December 31; or

(b) after such other date as is fixed in the by-law passed under subsection (2);

a penalty shall be added on the first day of each month thereafter.

Amount of penalty

100(9)      Subject to subsections (12) and (13), the penalty to which reference is made in subsection (8) is an amount calculated at the rate fixed by the by-law; and the rate shall not be less than 0.5%, or greater than 0.75% per month on the amount of the taxes so remaining unpaid.

Compounding of penalty

100(10)     On December 31 next following the date on which the penalties are added under subsection (8), the penalties incurred shall be compounded and added to the taxes in arrears; and shall be transferred to the tax roll for the next succeeding year as provided in section 97, and on the last day of each month in that year the penalty imposed by subsection (8) shall be computed on the total amount so compounded and added to that amount.

Compounding in succeeding years

100(11)     In like manner on December 31 in each year thereafter, until the taxes and penalties are paid or the land is sold for taxes by the incorporated community, the penalty shall be compounded and added to the amount compounded on the last previous December 31; and the penalty shall, as hereinbefore provided, be computed on the total amount so compounded.

Effect of appeal

100(12)     Notwithstanding an appeal from the assessment set forth in the assessment rolls, the penalty for which provision is made in this section applies to all unpaid realty or business taxes, whether paid before or after the final disposition of the appeal.

Interest where tax reduced

100(13)     Where a reduction in an assessment resulting from an appeal is made, the treasurer, in adjusting the taxes as a result of a decision of the board, minister, or the judgment of the court or an appeal with the respect of the assessment rolls of the incorporated community, pursuant to section 97 shall allow the taxpayer interest on any excess taxes paid at the same rate as that specified in this section as a penalty.

S.M. 1997, c. 12, s. 12.

101 to 105  Repealed.

S.M. 1997, c. 12, s. 13.

PART X

MISCELLANEOUS

Unconditional Grants Act

106(1)      Subject to the provisions of this section, an incorporated community is deemed to be a municipality for the purposes of The Unconditional Grants Act.

Determination of population

106(2)      Notwithstanding section 3 of The Unconditional Grants Act, for the purposes of that Act, the population of Northern Manitoba, including incorporated communities, in any year shall be determined in accordance with regulations and made pursuant to section 109.

Exception

106(3)      Section 4 of The Unconditional Grants Act does not apply to the determination of the population of Northern Manitoba, or the population of an incorporated community.

Application of Acts to incorporated communities

107(1)      An incorporated community is deemed to be a municipality for the purposes of The Elderly and Infirm Persons' Housing Act, The Health Services Insurance Act, The Highway Traffic Act, The Housing and Renewal Corporation Act, The Income Tax Act (Manitoba), The Liquor Control Act, and The Municipal Assessment Act.

107(2) and (3)   Repealed, S.M. 2000, c. 29, s. 6.

Regulations

107(4)      Subject to the other provision of this Act, the Lieutenant Governor in Council may make regulations deeming that an incorporated community has the rights, powers, duties and responsibilities of the minister for the purposes of an Act other than this Act.

S.M. 2000, c. 29, s. 6.

Application of The Planning Act

107.1       The Planning Act applies to Northern Manitoba in accordance with Part 10 (Northern Manitoba) of that Act.

S.M. 2000, c. 29, s. 7; S.M. 2005, c. 30, s. 214.

Order for supervision

108(1)       Where the Lieutenant Governor in Council has reason to believe that an incorporated community is in financial difficulty, and deems it in the best interests of the incorporated community, and of the ratepayers and creditors thereof, that the affairs of the incorporated community be supervised, he may, by order in council,

(a) place the affairs of the incorporated community under the supervision of the minister; and

(b) authorize the minister to appoint a supervisor of the affairs of the incorporated community;

and subsections 530(3) to (5) and sections 531 to 538 of The Municipal Act apply with such modifications as the circumstances require.

Appointment of administrator

108(2)      Where the Lieutenant Governor in Council has reason to believe that an incorporated community is in serious financial difficulty, and deems it in the best interest of the incorporated community, and of the ratepayers and creditors thereof, that the affairs of the incorporated community be administered by an independent administrator, he may, by order in council,

(a) place the affairs of the municipality under administration; and

(b) appoint a fit and proper person to be, and to act as administrator of the affairs of the incorporated community;

and subsection 539(2) and sections 540 to 553 of The Municipal Act apply with such modifications as the circumstances require.

Disorganization of incorp. community

108(3)      Where the Lieutenant Governor in Council has reason to believe that an incorporated community is insolvent or is in imminent danger of insolvency, and deems it in the best interest of the incorporated community and of the ratepayers and creditors thereof, that the incorporated community be disorganized and its affairs wound up, he may, in his discretion, by order in council, disorganize the incorporated community and appoint a fit and proper person to be and to act as receiver thereof; and sections 555 to 565 of The Municipal Act apply with such modifications as the circumstances require.

Regulations by L.G. in C.

109(1)      The Lieutenant Governor in Council may make regulations respecting

(a) matters of procedure arising from the concurrent administration of this Act and any other Act of the Legislature;

(b) procedures and methods by which the minister may coordinate the activities of the government in Northern Manitoba;

(c) the determination of the extent to which land or property in an area of Northern Manitoba or in an incorporated community shall be subject to taxation under this Act;

(d) a maximum rate of taxation above which the minister or an incorporated community may not levy taxes on property;

(e) cases and circumstances that might arise in Northern Manitoba for which no provision or no adequate provision is made in this or any other Act;

(f) repealed, S.M. 1996, c. 47, s. 23;

(g) remuneration and the maximum amount of indemnities and expenses payable to members of a local committee, community council or incorporated community council, to contact persons and to persons appointed to conduct an inquiry;

(h) the time for and manner of advertising for candidates for the offices of clerk, treasurer, secretary-treasurer and manager of incorporated communities;

(i) repealed, S.M. 1996, c. 47, s. 23.

(j) the election of incorporated community councils and community councils, including the qualifications of candidates and electors, wards, the number of members, the manner and time of holding elections, the appointment of election officers and their powers and duties, the terms of office of mayors and other members, the election of the mayor of a community council, controverted elections, by-elections and procedures at a first meeting after an election;

(k) the remuneration and payment of the expenses of election officers and interpreters;

(l) rules and procedures applicable to members of incorporated community councils, community councils and local committees with respect to conflict of interest;

(m) disqualification of, and forfeiture of seats by, members of incorporated community councils, community councils and local committees;

(n) the bringing into application of such provisions as is considered necessary or advisable of The Municipal Councils and School Boards Elections Act, The Municipal Act and The Municipal Council Conflict of Interest Act;

(o) the method for determining the population of Northern Manitoba, including incorporated communities, for the purpose of the Unconditional Grants Act;

(p) the deeming of the minister or an incorporated community to be a municipality or local authority for the purposes of an Act;

(q) the specification of additional requirements for the publication or delivery of the agenda, by-laws, minutes and notices of meetings of incorporated community councils;

(r) matters that are incidental to the purposes of this Act and for which no provision is made in this Act.

Application of regulations

109(2)      The Lieutenant Governor in Council may provide in a regulation made under subsection (1) that it applies to all or part only of Northern Manitoba, to an incorporated community, or to part of an incorporated community.

109(3)      Repealed, S.M. 1996, c. 47, s. 23.

Delegation to minister respecting elections

109(4)      A regulation made under subsection (1) respecting elections may delegate such matters to the minister as the Lieutenant Governor in Council considers necessary or advisable.

S.M. 1991-92, c. 39, s. 33; S.M. 1993, c. 6, s. 8; S.M. 1996, c. 47, s. 23; S.M. 2005, c. 27, s. 160.

Offence and penalty

110         Except as otherwise provided in this Act, any person who contravenes or fails to comply with a provision of this Act or a regulation made under this Act is guilty of an offence and is liable to a fine of not more than $500. and, on default of payment, to imprisonment for a term not exceeding six months.

S.M. 1991-92, c. 39, s. 34; S.M. 1996, c. 47, s. 24.

Application of the former Municipal Act

111         Notwithstanding the repeal of The Municipal Act, R.S.M. 1988, c. M225, the provisions of that Act continue to apply to Northern Manitoba to the extent provided for in this Act immediately before the repeal of that Act and until this Act otherwise provides.

S.M. 1996, c. 58, s. 463.

Application of former provisions of The Animal Husbandry Act

112         Notwithstanding their repeal sections 9 to 19, 27 and 28 of The Animal Husbandry Act, R.S.M. 1987, c. A90, continue to apply to Northern Manitoba.

S.M. 1998, c. 8, s. 13.