Third Session, Thirty-Seventh Legislature
This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.
Bill 39
THE CITY OF WINNIPEG CHARTER ACT
| Section | Table of Contents |
| PART 1 | |
| INTERPRETATION, PURPOSES AND GENERAL AUTHORITY | |
| 1 | Definitions |
| 2 | Determination of person responsible |
| 3(1) | Geographic application of by-laws |
| (2) | Application of by-law of another municipality |
| 4 | By-laws or resolution inconsistent with Acts |
| 5(1) | Purposes of city |
| (2) | City is responsible and accountable |
| 6(1) | Broad authority |
| (2) | General powers not limited by specific |
| 7(1) | Natural person powers |
| (2) | Specific powers |
| PART 2 | |
| CITY BOUNDARIES | |
| CONTINUATION | |
| 8 | City continued |
| AREA | |
| 9(1) | Boundaries and area |
| (2) | Reference to maps |
| (3) | Time of effect of regulation |
| WARDS | |
| 10 | Number of wards |
| 11(1) | Establishment of wards commission |
| (2) | Substitute members of commission |
| (3) | Appointment of other acting members |
| (4) | Duty of acting member |
| (5) | Remuneration and assistance for commission |
| 12 | Report of commission |
| 13(1) | Population of city |
| (2) | Criteria for boundaries |
| (3) | Variation in population base |
| 14(1) | Initial hearing |
| (2) | Preparation of draft report |
| (3) | Notice of hearing on draft report |
| (4) | Publication of notices |
| (5) | Final report |
| (6) | Effect of report |
| 15(1) | Changing names of wards |
| (2) | Effect of alteration of wards on councillors |
| PART 3 | |
| COUNCIL | |
| DIVISION 1 | |
| COMPOSITION AND TERM OF OFFICE | |
| 16(1) | Composition of council |
| (2) | Council a continuing body |
| 17(1) | Changing number of wards |
| (2) | By-law applying to next general election |
| (3) | By-law applying after next general election |
| (4) | Public hearing required |
| (5) | Second reading of proposed by-law |
| (6) | By-law to be read at different meetings |
| (7) | Requirement re ward boundaries commission |
| 18(1) | Term of office |
| (2) | Term after by-election |
| DIVISION 2 | |
| ELECTIONS | |
| 19 | General elections |
| 20 | Election of mayor |
| 21 | Election of councillors |
| 22 | Nomination to two offices invalid |
| QUALIFICATIONS | |
| 23(1) | Qualifications of candidates |
| (2) | Individuals disqualified |
| EMPLOYEES' RIGHTS IN ELECTIONS | |
| 24(1) | Definitions |
| (2) | Employees rights in elections |
| (3) | Statutory officers and certain employees excepted |
| (4) | Leave of absence for city election |
| (5) | Period of leave |
| (6) | Candidate in other elections |
| (7) | Nature of leave of absence |
| (8) | Election to council |
| (9) | Election as M.L.A. or M.P. |
| (10) | Reinstatement of defeated candidate |
| (11) | Reinstatement of elected employee |
| (12) | Where no notice before end of leave |
| (13) | Rights during leave of absence |
| (14) | Other benefits |
| NOMINATIONS AND VOTING | |
| 25 | Local Authorities Election Act to apply |
| 26 | Nominations |
| 27 | Computerized list of electors |
| 28 | Electors lists for polling subdivisions |
| 29(1) | Advance polls |
| (2) | Additional advance polls |
| (3) | Ease of access |
| (4) | Publication of dates and places of advance polls |
| 30(1) | Use of devices for voting and counting votes |
| (2) | Regulation respecting use of devices at elections |
| (3) | Recount |
| CAMPAIGN EXPENSES AND CONTRIBUTIONS | |
| 31(1) | Definitions |
| (2) | Value of donation in kind |
| 32(1) | Registration of prospective candidates |
| (2) | Report of change in information |
| 33 | No contribution until registration |
| 34 | By-law on expenses and contributions |
| 35(1) | Candidate to file audited statement |
| (2) | Time for filing statement |
| 36 | Appointment and qualifications of auditor |
| 37 | Duties of official agent |
| 38 | Candidate to issue receipts |
| 39 | Candidate's own funds |
| 40 | Contributions by organizations |
| 41 | Claims for election expenses |
| 42 | Prohibitions |
| 43(1) | Surplus payable to city |
| (2) | Release of surplus |
| 44(1) | Failure by elected candidate to file statement |
| (2) | Forfeiture of seat |
| (3) | Failure of other registered candidates to file |
| 45(1) | Offence and penalty |
| (2) | Time limits on prosecution |
| TAX CREDIT AND REBATE PROGRAM | |
| 46(1) | By-law establishing program |
| (2) | Contents of by-law |
| (3) | Regulations by L.G. in C. |
| FORFEITURE OF SEAT | |
| 47(1) | Forfeiture of seat |
| (2) | Nomination of M.L.A. to council |
| (3) | Vacating seat |
| (4) | Proceedings to unseat member |
| 48(1) | Eligibility at next election |
| (2) | No stay |
| (3) | Reinstatement on appeal |
| RESIGNATIONS AND FILLING VACANCIES | |
| 49 | Resignation |
| 50(1) | Direction to returning officer to hold election |
| (2) | Vacancy near end of term of councillor |
| (3) | Vacancy near end of term of mayor |
| 51 | Election to fill vacancy |
| DIVISION 3 | |
| DUTIES AND POWERS | |
| DECLARATION OF OFFICE | |
| 52 | Declaration to be made and filed |
| DELEGATION | |
| 53(1) | Restriction on delegation by council |
| (2) | Authority of council after delegation |
| BY-LAWS AND RESOLUTIONS | |
| 54(1) | How council may act |
| (2) | Where by-law required |
| (3) | Where resolution authorized |
| (4) | Where by-law used instead of resolution |
| 55(1) | Three readings of by-laws |
| (2) | Readings at one meeting |
| (3) | Text of proposed by-law before first reading |
| (4) | Text available before third reading |
| (5) | Procedure at readings |
| CONSOLIDATION OF BY-LAWS | |
| 56(1) | Authority for consolidation of by-laws |
| (2) | Duties and powers of designated employee |
| (3) | Adoption of consolidated by-law |
| (4) | Judicial notice provision applies |
| MAYOR | |
| 57 | Mayor as head of council |
| 58 | Mayor as ex officio member of committees |
| 59(1) | Mayor's appointments |
| (2) | Other appointments |
| (3) | Vacancy in executive policy committee |
| (4) | Terminating or altering appointments |
| (5) | Duties of deputy mayor |
| (6) | Duties of acting deputy mayor |
| 60 | Suspension of by-law or resolution |
| EXECUTIVE POLICY COMMITTEE AND OTHER COMMITTEES | |
| 61(1) | Executive policy committee established |
| (2) | Size of executive policy committee |
| 62(1) | Duties of executive policy committee |
| (2) | Subcommittees of executive policy committee |
| 63(1) | Establishment of standing committees |
| (2) | Members of standing committee |
| (3) | Subcommittees of standing committees |
| (4) | Composition of subcommittee |
| 64 | Establishing other committees |
| 65 | Delegation to committees |
| 66 | Committee process |
| PRESIDING OFFICER | |
| 67(1) | Appointment of presiding officer |
| (2) | Mayor to chair first meeting |
| (3) | Duties of presiding officer |
| (4) | Absence of presiding officer |
| (5) | Acting presiding officer |
| (6) | Participation in debates |
| DIVISION 4 | |
| MEETINGS OF COUNCIL AND ITS COMMITTEES | |
| 68(1) | First meeting of a council |
| (2) | Regular meetings of council |
| (3) | Effect of meeting not taking place |
| 69 | Adjournment |
| 70 | Minutes |
| 71 | Quorum |
| 72(1) | Decisions by majority |
| (2) | Tie votes |
| 73(1) | Number of votes required may be increased |
| (2) | Review of by-law in fourth year |
| 74 | Procedures by-law |
| 75(1) | Open meetings |
| (2) | Expulsion for disorderly conduct |
| (3) | Reports etc. available to members |
| 76(1) | By-law re in camera consideration |
| (2) | In camera consideration |
| (3) | Record of in camera decision in minutes |
| 77(1) | Voting obligatory |
| (2) | Voting to be open |
| 78(1) | Council seminars |
| (2) | Convened members of council |
| SPECIAL MEETINGS | |
| 79(1) | Special meetings of council |
| (2) | Notice of special meeting |
| (3) | Effect of failure to notify |
| (4) | Agenda at special meeting |
| EMERGENCY MEETINGS | |
| 80(1) | Emergency meetings |
| (2) | Place of emergency meeting |
| (3) | Agenda of emergency meeting |
| USE OF COMMUNICATION DEVICES | |
| 81(1) | Meeting through communication devices |
| (2) | Participating member deemed present |
| (3) | Meetings of committees |
| DIVISION 5 | |
| HEARING BODIES FOR APPEALS | |
| 82 | Establishment of hearing bodies for appeals |
| 83(1) | By-law respecting hearing body |
| (2) | Composition of hearing bodies for appeals |
| (3) | Criteria for membership |
| (4) | Panels |
| (5) | Powers of panels |
| DIVISION 6 | |
| COMPENSATION | |
| 84(1) | Setting indemnity and expenses |
| (2) | Portion of indemnity may be deemed expense |
| (3) | Members may accept payments |
| 85(1) | Pensions |
| (2) | Contracts for pensions and insurance |
| 86 | Members not employees |
| 87 | Review of indemnities and expenses |
| PART 4 | |
| ADMINISTRATION | |
| DIVISION 1 | |
| STRUCTURE | |
| 88(1) | Administrative structure of the city |
| (2) | Delegation to employees |
| (3) | Delegation by employees |
| EMPLOYEES | |
| 89(1) | Conditions of employment |
| (2) | Change of titles to positions |
| EMPLOYEE PENSION PLAN | |
| 90(1) | Pension plan by-laws |
| (2) | Benefit boards and committees |
| (3) | Composition of benefit boards |
| (4) | Investment committees |
| (5) | Combination of funds for investment |
| 91(1) | Admission into pension plan |
| (2) | Definition of "area municipality" |
| (3) | Pensions exempt from process |
| (4) | City may refuse power of attorney |
| 92 | Admission of other employees to plan |
| 93(1) | By-law to merge pension plans |
| (2) | Powers of council |
| (3) | No adverse effect on pension credits |
| (4) | Amendments |
| (5) | Application of other statutes |
| EMPLOYEE BENEFITS PROGRAM | |
| 94(1) | Definitions |
| (2) | Implementation of amending agreement |
| (3) | Application for court approval |
| (4) | Non-application of Trustee Act |
| (5) | Court order |
| (6) | Effect of implementation with court approval |
| (7) | Designation as a multi-unit pension plan |
| (8) | Interpretation |
| 95 | Payments to city to pay other employee benefits |
| STATUTORY OFFICERS | |
| 96 | Appointment of statutory officers |
| CHIEF ADMINISTRATIVE OFFICER | |
| 97 | Powers etc. of chief administrative officer |
| 98(1) | Suspension of chief administrative officer |
| (2) | EPC powers on suspension |
| CITY CLERK | |
| 99 | Duties etc. of city clerk |
| CHIEF FINANCIAL OFFICER | |
| 100 | Duties etc. of chief financial officer |
| 101 | Liability of chief financial officer |
| CITY AUDITOR | |
| 102(1) | Qualifications of city auditor |
| (2) | Restrictions on holding public office |
| 103 | Dismissal or suspension |
| 104(1) | Responsible for office of city auditor |
| (2) | Delegation by city auditor |
| 105(1) | Duties re annual audit |
| (2) | Duties re operations |
| (3) | Audits of trusts and grantees |
| (4) | Special audits and examinations |
| (5) | Powers of auditor |
| (6) | Reliance on other audits |
| 106(1) | Powers under Part V of Evidence Act |
| (2) | Report to council re examination |
| 107(1) | Appointment and qualifications of external auditor |
| (2) | Responsibilities of external auditor |
| (3) | City auditor and external auditor |
| (4) | Powers and duties of external auditor |
| (5) | Report of external auditor on statements |
| MEDICAL OFFICER OF HEALTH | |
| 108 | Medical officer of health is a designated employee |
| DIVISION 2 | |
| RECORDS MANAGEMENT | |
| 109 | By-law respecting records |
| 110(1) | City archivist |
| (2) | Records committee established |
| 111 | Approval for destruction or removal of record |
| 112(1) | Records available on request |
| (2) | Certified copies of by-laws |
| (3) | Personal security protection |
| DIVISION 3 | |
| NOTICES AND SERVICE OF DOCUMENTS | |
| 113(1) | Public notices of hearings and other matters |
| (2) | Multiple publications of public notices |
| (3) | Copies of published notices |
| (4) | Exceptions to newspaper notice |
| 114 | Notice to persons of hearing |
| 115(1) | Content of notice of hearing |
| (2) | Content of notice of other matters |
| 116(1) | Service of order or decision |
| (2) | Notice of appeal with order or decision |
| 117(1) | Service of notices, orders and documents |
| (2) | Notice by mail |
| (3) | Where service not possible |
| 118 | Posting notices etc. |
| 119 | Council may vary notice requirements |
| 120 | Evidence of notice or service |
| 121 | Service on city |
| DIVISION 4 | |
| HEARINGS | |
| 122(1) | By-law re procedures at hearings |
| (2) | Preliminary meeting |
| (3) | Conduct of hearing |
| 123(1) | Adjournment of hearings |
| (2) | New matters on continuation |
| DIVISION 5 | |
| PETITIONS AND OBJECTIONS | |
| 124(1) | Form and content of petitions |
| (2) | Determination of sufficiency of petition |
| (3) | Counting of signatories |
| 125(1) | Form and content of objection |
| (2) | Determination of sufficiency of objections |
| (3) | Counting of signatories |
| 126 | Signatures after filing |
| 127 | Determination final |
| PART 5 | |
| POWERS OF THE CITY | |
| DIVISION 1 | |
| SPHERES OF JURISDICTION | |
| 128 | Spheres of authority not mutually exclusive |
| PUBLIC CONVENIENCE | |
| 129 | General authority |
| 130 | Activities and things on private property |
| 131 | Property adjacent to streets |
| 132 | Animals and birds |
| 133 | Litter from businesses |
| HEALTH, SAFETY AND WELL-BEING | |
| 134(1) | General authority |
| (2) | Health and safety |
| (3) | By-laws inconsistent with Public Health Act |
| ACTIVITIES IN PUBLIC PLACES | |
| 135(1) | General authority |
| (2) | Meaning of "public places" etc. |
| STREETS | |
| 136 | Control of streets |
| 137 | Possession and control vests in city |
| 138 | City is traffic authority |
| 139 | General authority |
| 140(1) | Closing streets |
| (2) | Combined by-laws |
| 141(1) | Determining persons injuriously affected |
| (2) | Appeal of by-law |
| (3) | Decision on appeal |
| 142 | Land from closed street |
| 143(1) | Designation of limited access street |
| (2) | Compensation for closing entrances |
| 144 | Determination of compensation |
| 145 | Private works on streets |
| 146(1) | Designated parking spaces for disabled |
| (2) | Offence |
| (3) | Penalty |
| 147 | Boulevards |
| ACTIVITIES OF BUSINESSES | |
| 148 | General authority |
| 149(1) | Business activities |
| (2) | Business licensing |
| (3) | Restriction on licensing certain businesses |
| BUILDINGS, EQUIPMENT AND MATERIALS | |
| 150 | General authority |
| 151 | Construction activities |
| 152(1) | Inspection of plans |
| (2) | Approval of plans |
| (3) | Extent of inspections |
| 153(1) | Report of offence to associations |
| (2) | Information given on request |
| (3) | No action for providing information |
| 154 | Equipment and materials |
| 155 | Exception for certain electrical inspections |
| 156 | Buildings conservation list |
| 157(1) | Winnipeg Building Commission |
| (2) | Powers of commission re existing buildings |
| CONSTRUCTION IN FLOODWAY AND FLOODWAY FRINGE AREAS | |
| 158(1) | Regulations by Lieutenant Governor in Council |
| (2) | Restricted construction in floodway areas |
| (3) | Exception for construction in floodway area |
| (4) | Restricted construction in floodway fringe areas |
| (5) | Permit for superstructure |
| (6) | Variation of floodproofing criteria |
| (7) | Order varying floodproofing criteria |
| (8) | Conditions respecting flood protection |
| (9) | Province to receive order |
| WATERWAYS | |
| 159(1) | General authority |
| (2) | Waterways |
| (3) | Construction spanning waterways |
| WATER | |
| 160(1) | City to ensure water supply |
| (2) | Powers respecting water |
| (3) | Application of by-laws to waterworks system |
| (4) | By-laws respecting water supply |
| WASTE | |
| 161(1) | General authority |
| (2) | Solid waste |
| (3) | Drainage and wastewater |
| PUBLIC TRANSPORTATION | |
| 162(1) | General authority |
| (2) | Transit and transportation |
| 163(1) | Exclusive authority |
| (2) | Vehicles operated for school purposes |
| (3) | Agreement for private operation |
| AMBULANCE SERVICES | |
| 164 | General authority |
| FIRE PROTECTION | |
| 165(1) | General authority |
| (2) | Fire protection |
| POLICE | |
| 166(1) | General authority |
| (2) | Composition of police service |
| (3) | Restrictions on by-laws |
| (4) | Duties of members of police service |
| 167 | Committee for investigation of conduct of police |
| 168 | Lock-ups |
| ARBITRATION IN COLLECTIVE BARGAINING WITH POLICE SERVICES | |
| 169(1) | Definitions |
| (2) | Words and expressions in principal Act |
| 170 | Application of principal Act |
| 171(1) | Application for arbitration board |
| (2) | Establishment of arbitration board |
| (3) | Appointment of members of arbitration board |
| (4) | Failure to appoint chairperson |
| 172(1) | Work of arbitration board |
| (2) | Changes in applying provisions |
| 173(1) | Commencement of agreement or award |
| (2) | Term of agreement |
| (3) | Continuation of agreement and award |
| DIVISION 2 | |
| EXERCISING BY-LAW MAKING AUTHORITY | |
| 174 | General powers in exercise of authority |
| DIVISION 3 | |
| ENFORCEMENT AND BY-LAWS RESPECTING ENFORCEMENT | |
| 175 | General powers respecting enforcement |
| SPECIAL CONSTABLES AND ENFORCEMENT OFFICERS | |
| 176(1) | Appointment of enforcement officers |
| (2) | Appointment of special constables |
| (3) | Status of special constables |
| OFFENCES AND PENALTIES | |
| 177(1) | Offences |
| (2) | Separate offences |
| (3) | Directors and officers of corporations |
| 178(1) | General penalty |
| (2) | Consent payments |
| (3) | Orders in addition to penalty |
| (4) | Conditions for fine payment |
| 179 | Limitation on penalty fixing |
| INSPECTIONS AND ORDERS | |
| 180(1) | Inspections |
| (2) | Identification of designated employee |
| 181 | No notice in emergencies |
| 182(1) | Inspection programs conducted by public notice |
| (2) | Public notice of inspections |
| (3) | Council may reappoint employee |
| (4) | Entry for inspection under public notice |
| (5) | Liability for damages |
| 183(1) | Application for warrant |
| (2) | Application before entry attempted |
| (3) | Daytime execution of warrant |
| 184(1) | Order to remedy contravention |
| (2) | Content of order |
| (3) | Registration of order |
| (4) | Content of registered order |
| (5) | District registrar to register order |
| (6) | Subsequent purchasers are deemed served |
| (7) | Discharge of order |
| 185(1) | City remedying contravention etc. |
| (2) | Closure of building and removal of occupants |
| (3) | Notice before removal or demolition |
| 186(1) | Emergencies |
| (2) | Application |
| (3) | Compliance with order |
| (4) | Remuneration for compliance |
| 187(1) | Costs |
| (2) | Proceeds of sale |
| 188 | Application to court to enforce by-law |
| APPEALS | |
| 189(1) | Appeals to designated hearing bodies |
| (2) | Notice of appeal |
| (3) | Where decision or order not appealed |
| (4) | Notice of appeal hearing |
| (5) | Hearing date |
| (6) | Powers of hearing body |
| (7) | Decision final |
| (8) | Application of section 58 |
| DIVISION 4 | |
| DERELICT PROPERTY | |
| 190(1) | Definitions |
| (2) | Interpretation: evidence property is derelict |
| 191(1) | By-law re derelict building certificates |
| (2) | Public hearing required |
| (3) | Content of by-law |
| (4) | Appeals to committee of council |
| 192(1) | Orders must be served and filed |
| (2) | Content of registered orders |
| (3) | District registrar to register order |
| (4) | Subsequent purchasers are deemed served |
| (5) | Change in ownership does not affect process |
| 193(1) | Application for derelict building certificate |
| (2) | Application to EPC or standing committee |
| (3) | Issuance of derelict building certificate |
| (4) | Registration of derelict building certificate |
| 194(1) | Discharge of orders and certificates |
| (2) | Process must recommence |
| 195(1) | City's application for title |
| (2) | How application to be treated |
| (3) | Failure to make application |
| 196(1) | Notice to interested persons of application for title |
| (2) | Contents of notice |
| (3) | Application for substitutional service |
| 197(1) | Directions for substitutional service |
| (2) | Compliance with order |
| 198 | No claim in respect of property |
| 199(1) | Issue of title |
| (2) | Validity of title |
| 200(1) | District registrar not obliged to inquire |
| (2) | No action against district registrar |
| 201(1) | Setting aside derelict building certificate |
| (2) | Action to set aside derelict building certificate |
| DIVISION 5 | |
| CORPORATE POWERS | |
| GENERAL POWERS | |
| 202 | Rights and liabilities of a corporation |
| 203 | Ancillary powers |
| PROPERTY | |
| 204 | General powers |
| 205(1) | Dealing with property |
| (2) | Restriction on disposal of park land |
| (3) | Lease of land held for street |
| (4) | Acquiring and assembling land |
| (5) | Dealing with assembled or acquired land |
| 206(1) | Entry for expropriation purposes |
| (2) | Entry for locating works |
| (3) | Liability for damages |
| 207 | Land owned in other municipalities |
| 208 | Use of city works |
| PUBLIC SERVICES AND FACILITIES | |
| 209(1) | General authority |
| (2) | Powers under subsection (1) |
| 210(1) | Fees and charges |
| (2) | Application of section 348 |
| (3) | Free use of libraries by residents |
| (4) | Collection of fees and charges |
| (5) | Rates for services and commodities |
| AGREEMENTS | |
| 211 | General authority |
| CONTROL OF CORPORATIONS | |
| 212(1) | Interpretation: "control" |
| (2) | Regulations re: establishing corporations |
| (3) | Incorporation of corporations |
| (4) | Scope of regulation |
| 213 | Restrictions re corporate matters |
| PROCUREMENT POLICY | |
| 214(1) | Definition |
| (2) | Procurement policy |
| (3) | Contents of policy |
| SPECIAL SERVICE UNITS | |
| 215(1) | Establishing special service units |
| (2) | Council's powers re special service units |
| (3) | Delegation to special service units |
| (4) | Financing special service units |
| (5) | Consistency with other policies respecting finances |
| (6) | Annual report |
| (7) | Unit is affiliated body |
| 216 | Review of special service units |
| FINANCIAL ASSISTANCE | |
| 217(1) | Definition of "taxes" |
| (2) | Tax credits |
| (3) | Tax rebates |
| 218(1) | Financial assistance |
| (2) | Forms of financial assistance |
| (3) | Council may require an agreement |
| (4) | Economic and cultural development |
| GRANT, LOAN, TAX REBATE AND TAX CREDIT PROGRAMS | |
| 219(1) | General authority |
| (2) | Grant, loan and tax credit programs |
| (3) | Provisions re terms and conditions of loans |
| 220(1) | Regulations respecting loans and loan guarantees |
| (2) | Limits re loans and loan guarantees |
| 221 | Reduced tax rate on agricultural land |
| TAX INCREMENT FINANCING | |
| 222(1) | Establishing tax increment financing programs |
| (2) | Provisions re tax increment financing programs |
| EMERGENCY PREPAREDNESS | |
| 223 | General powers and duties of city |
| PART 6 | |
| PLANNING AND DEVELOPMENT | |
| DIVISION 1 | |
| PLANS | |
| PLAN WINNIPEG | |
| 224 | Adoption of Plan Winnipeg |
| 225(1) | Initiation of amendments to Plan Winnipeg |
| (2) | Right to hearing |
| (3) | Application may be refused |
| 226(1) | Periodic review |
| (2) | Minister's order to review |
| (3) | Method of review |
| (4) | By-law to be re-enacted, amended or replaced |
| (5) | Conformance with provincial land use policies |
| PLAN WINNIPEG BY-LAWS | |
| 227(1) | Hearings on Plan Winnipeg by-laws |
| (2) | Second reading of proposed by-law |
| 228(1) | Submission to minister |
| (2) | Notice of second reading |
| MINISTER'S ACTIONS | |
| 229(1) | Decision of minister |
| (2) | Referral to Municipal Board |
| (3) | Where by-law approved by minister |
| 230(1) | Hearing by Municipal Board |
| (2) | Adoption after Municipal Board report |
| 231 | Forwarding copy of by-law to minister |
| 232(1) | Referral of Plan Winnipeg by-law to L. G. in C. |
| (2) | Enactment of by-law by L. G. in C. |
| 233 | Public notice of Plan Winnipeg by-law |
| SECONDARY PLANS | |
| 234(1) | Adoption of secondary plans |
| (2) | Conformity with Plan Winnipeg |
| (3) | Hearing on secondary plan by-law |
| EFFECT OF PLAN BY-LAWS | |
| 235 | Compliance with plan by-laws |
| DIVISION 2 | |
| DEVELOPMENT | |
| 236(1) | Council to pass zoning by-laws |
| (2) | Content of zoning by-law |
| (3) | Hearing on zoning by-law |
| 237 | Where non-conforming use not permitted |
| 238 | Effect of zoning by-law on caveats |
| 239 | Amendment required by Municipal Board |
| DEVELOPMENT AGREEMENTS | |
| 240(1) | Authority for development agreements |
| (2) | Registration of agreement in L.T.O. |
| (3) | Agreement binding on successors |
| (4) | Timing of agreement and by-law |
| NON-CONFORMING USES | |
| 241(1) | Previously conforming building and use continued |
| (2) | What constitutes existing building |
| 242 | Certificate may be issued |
| 243(1) | Limitation on alteration or addition |
| (2) | Damaged non-conforming building |
| 244(1) | Non-conforming use ending after 12 months |
| (2) | Effect of change of ownership on use |
| 245(1) | Cancellation of permits |
| (2) | Expenses where permit cancelled |
| (3) | Arbitration |
| 246(1) | Withholding permit |
| (2) | Extension of withholding |
| (3) | Compensation |
| VARIANCES | |
| 247(1) | Approval of variances |
| (2) | Authority respecting variances |
| (3) | Criteria for approving variances |
| (4) | Restrictions on variances |
| 248(1) | Disposition of applications for variances |
| (2) | Submissions before setting conditions |
| 249 | Procedure by planning commission |
| 250(1) | Notice of decision |
| (2) | Notice of decision by planning commission |
| 251(1) | Appeals on variances |
| (2) | Appeals to committee of council |
| (3) | Procedure for appeal |
| 252 | Termination of variances |
| CONDITIONAL USES | |
| 253(1) | Approval of conditional uses |
| (2) | Authority respecting conditional uses |
| 254 | Procedure for applications for conditional uses |
| SUBDIVISION STANDARDS | |
| 255(1) | Subdivision standards by-law |
| (2) | Content of standards by-law |
| (3) | Referral of proposed subdivision standards by-law for report |
| SUBDIVISION APPROVALS | |
| 256(1) | Delegation to committee of council |
| (2) | Hearing on certain applications |
| 257(1) | Restriction on approvals of plans of subdivision |
| (2) | Submission before setting conditions |
| 258 | Effect of approval by committee or employee |
| 259(1) | Conditions for plans of subdivision |
| (2) | Effect of agreement |
| CONSENTS FOR REGISTRATION OF INSTRUMENTS | |
| 260(1) | Authority to grant consents |
| (2) | Consent to dealing with land |
| (3) | Submission before setting conditions |
| 261(1) | Certificate of consent |
| (2) | Expiry of consent |
| DISPOSITION OF CONVEYED LAND | |
| 262(1) | Land conveyed to city |
| (2) | Money received by city |
| RESTRICTION ON INSTRUMENTS EFFECTING SUBDIVISION | |
| 263(1) | Instruments not to be accepted |
| (2) | Instruments void |
| (3) | Exceptions to subsections (1) and (2) |
| (4) | Contiguity of land |
| (5) | Easement not a subdivision |
| 264 | Unregistered instrument effecting subdivision |
| OBSOLETE PLANS OF SUBDIVISION | |
| 265(1) | Declaration respecting expiry of plans |
| (2) | Notice of by-law |
| (3) | Registration of by-law |
| (4) | Coming into force of by-law |
| EXPIRY OF APPROVAL | |
| 266(1) | Registration of plan of subdivision in L.T.O. |
| (2) | Time of approval |
| SUBDIVISION IN FLOODWAY AREAS | |
| 267(1) | Restriction on subdivisions in floodway area |
| (2) | Agreements re land in floodway areas |
| (3) | Registration and amendment of agreement |
| FILING OF CAVEATS | |
| 268(1) | Caveat respecting agreements |
| (2) | Withdrawal of caveats |
| DIVISION 3 | |
| AIRPORT VICINITY PROTECTION AREA | |
| ESTABLISHMENT AND REGULATIONS | |
| 269(1) | Regulations re protection of airport vicinity |
| (2) | Regulations under subsection (1) |
| (3) | Compliance with regulations under subsection (1) |
| 270(1) | Referral to Municipal Board |
| (2) | Hearing by Municipal Board |
| (3) | Restriction on adoption of by-law |
| DEVELOPMENT IN AIRPORT AREA | |
| 271 | Zoning by-laws in airport vicinity protection area |
| 272 | Application of section 270 |
| DIVISION 4 | |
| PLANNING COMMISSION | |
| 273(1) | Establishment of planning commission |
| (2) | Application |
| 274(1) | Powers, duties and functions of commission |
| (2) | Committee of council duties assigned to commission |
| (3) | Planning commission to act by resolution |
| DIVISION 5 | |
| PROCEDURES | |
| DEVELOPMENT | |
| 275(1) | Initiation of development proposals |
| (2) | Rejection of applications |
| ERRORS AND CORRECTIONS | |
| 276 | Amendments for errors or corrections |
| NOTICE OF HEARING | |
| 277 | Notices of hearings |
| COMBINED HEARINGS | |
| 278(1) | Combined hearings and notices |
| (2) | Combinations of hearings |
| (3) | Exercise of powers where hearings combined |
| AVAILABILITY OF MATERIALS | |
| 279 | Material available for inspection |
| HEARING BODIES | |
| 280(1) | Recommendations by hearing body |
| (2) | Decisions by hearing body |
| (3) | Notice of report to council |
| PASSING OR REJECTING BY-LAWS | |
| 281 | Consideration of recommendation re by-law |
| 282 | Notice respecting by-law |
| PART 7 | |
| FINANCIAL ADMINISTRATION | |
| DIVISION 1 | |
| BUDGETS | |
| 283 | Fiscal year |
| 284(1) | Annual operating budget |
| (2) | Capital budget and forecast |
| (3) | Manner and form |
| 285(1) | Content of operating budget |
| (2) | Expenditures not to exceed revenues |
| 286 | Content of capital budget and capital forecast |
| 287 | Grants to city |
| DIVISION 2 | |
| EXPENDITURES | |
| 288(1) | Expenditures |
| (2) | Expenditures before budget adopted |
| (3) | Expenditures for purposes not set out in budget |
| 289(1) | Reserve funds |
| (2) | Definition of "financial institution" |
| (3) | Investment of reserve funds |
| (4) | Restriction on use of reserve funds |
| DIVISION 3 | |
| INVESTMENTS | |
| 290 | Investment of money |
| 291(1) | Financial agreements |
| (2) | Policy for financial agreements |
| (3) | Changes in the policy must be approved |
| DIVISION 4 | |
| BORROWING | |
| 292 | Definition of "relevant sinking fund account" |
| GENERAL AUTHORITY | |
| 293 | Temporary borrowing |
| 294(1) | Long-term borrowing authority |
| (2) | Approval of Minister of Finance required |
| (3) | Details in application |
| (4) | Consideration by Minister of Finance |
| 295(1) | Reference to Municipal Board |
| (2) | Report of Municipal Board |
| 296 | Notification to city |
| 297 | Borrowing must complies with conditions |
| CITY SECURITIES | |
| 298(1) | Powers and duties of chief financial officer re city securities |
| (2) | Terms and conditions of city securities |
| (3) | Other powers respecting city securities |
| (4) | No preferences |
| 299(1) | Chief financial officer to report |
| (2) | Payments under city securities |
| (3) | Application re obligation to levy and raise amounts |
| (4) | Payments into sinking fund |
| 300(1) | Policy for variable interest rate securities |
| (2) | Changes in the policy must be approved |
| 301(1) | Use of money received |
| (2) | Money not required |
| (3) | Reduction of levies etc. |
| (4) | Full amount recoverable |
| 302 | Refinancing city securities |
| 303(1) | Consolidating securities by-laws |
| (2) | Contents of by-law |
| SINKING FUNDS | |
| 304(1) | Limitation on use of sinking funds |
| (2) | Deficiency in sinking fund |
| 305 | Chief financial officer's duties re sinking funds |
| 306(1) | Management of sinking funds |
| (2) | Payments from sinking fund account |
| (3) | Surpluses in sinking fund account |
| 307(1) | Establishment of Sinking Fund Committee |
| (2) | Powers and duties of Sinking Fund Committee |
| (3) | Chief financial officer may not delegate |
| FOREIGN CURRENCIES | |
| 308(1) | Borrowing in foreign currencies |
| (2) | Calculation of amount |
| 309(1) | Restrictions |
| (2) | Unused borrowing authority may be rescinded |
| 310 | Liability on local improvement securities |
| 311 | Defect in form |
| MISCELLANEOUS | |
| 312 | Application of section 86 of Municipal Board Act |
| 313 | Evidence respecting city securities |
| FINANCIAL STATEMENTS | |
| 314 | Annual financial statements |
| PART 8 | |
| ASSESSMENT, TAXATION AND OTHER LEVIES ON PROPERTY | |
| 315(1) | Definitions |
| (2) | Definitions in Municipal Assessment Act apply |
| DIVISION 1 | |
| ASSESSMENT | |
| BUSINESS ASSESSMENT | |
| 316(1) | Municipal Assessment Act applies |
| (2) | All businesses to be assessed |
| (3) | Exception |
| 317 | Specific exemptions |
| 318(1) | Annual rental value to include cost of services |
| (2) | Basis of annual rental value |
| (3) | Determining annual rental value |
| 319(1) | Subtenants and assessment |
| (2) | Filling stations |
| (3) | Gas distribution system |
| LICENCE IN LIEU OF BUSINESS TAX | |
| 320(1) | By-law requiring licence |
| (2) | Collection of licence in lieu fees |
| MOBILE HOME LICENCES | |
| 321(1) | By-law requiring licence of mobile homes |
| (2) | No licence for tourists |
| (3) | Collection of mobile home licence fees |
| ADJUSTMENTS IN BUSINESS TAX | |
| 322(1) | Adjustment of business tax on reassessment |
| (2) | Limitation on by-law under subsection (1) |
| UTILITY CORPORATIONS' PROPERTY | |
| 323(1) | Utility corporations' property assessments |
| (2) | Liability of corporation for other tax |
| 324 | Telephone companies |
| ASSESSMENT ROLLS | |
| 325(1) | Completion of assessment rolls |
| (2) | Form of rolls |
| 326 | Certification of rolls |
| 327 | Defects do not invalidate |
| 328 | Assessment rolls valid and binding |
| REVISION OF ASSESSMENT | |
| 329 | Rolls subject to revision |
| 330(1) | Change in taxes payable |
| (2) | Change in tax after revision |
| VARYING PORTIONS | |
| 331 | Regulations re varying portions |
| DIVISION 2 | |
| TAXATION | |
| LIABILITY FOR TAXES | |
| 332(1) | Liability for real property taxes |
| (2) | Liability for business tax or fee |
| (3) | Liability of owner for business tax |
| (4) | Partnerships |
| (5) | Joint liability |
| (6) | Business tax not a charge on real property |
| LIABILITY OF CITY FOR TAXES | |
| 333(1) | Exemption from taxation |
| (2) | Agreements regarding taxes |
| (3) | Taxes payable in certain cases |
| IMPOSING TAXES | |
| 334(1) | Fixing property, personal and business tax rates |
| (2) | Fixing local improvement and frontage tax rates |
| (3) | By-laws re payment of taxes |
| (4) | By-law may specify purpose of instalment |
| (5) | Restriction on discounts |
| (6) | Application of prepayment |
| 335 | Taxes imposed on January 1 |
| TAX ROLLS | |
| 336 | Preparation of tax rolls |
| 337(1) | Tax rolls may be combined |
| (2) | Tax roll may be combined with assessment roll |
| 338 | Form of rolls |
| 339 | Content of tax roll |
| 340(1) | Cancellation or reduction of taxes |
| (2) | Amended tax notice |
| (3) | Refunds |
| (4) | Period of refunds |
| 341(1) | Supplementary taxes |
| (2) | Rates of supplementary taxes |
| (3) | Period of supplementary taxes |
| (4) | Liable for supplementary taxes only while owner |
| 342 | Supplementary tax notice |
| 343(1) | Validity of tax rolls |
| (2) | Adjustments to tax rolls |
| TAX NOTICES AND COLLECTION | |
| 344(1) | Issuing tax notices |
| (2) | Entry of date of notice |
| (3) | Material with tax notices |
| TAXES RE SUBDIVISIONS | |
| 345(1) | If land in tax arrears subdivided |
| (2) | If plans of subdivision cancelled |
| TAXES PAID BY MISTAKE | |
| 346 | Refund and charging |
| CANCELLATION OF TAXES | |
| 347 | Council may cancel taxes |
| PENALTIES AND INTEREST | |
| 348(1) | Council may set penalties |
| (2) | Collection of penalties |
| (3) | Penalty applies in spite of appeal |
| 349 | Interest on refunds |
| DIVISION 3 | |
| COLLECTION OF TAX ARREARS AND DEBTS | |
| GENERAL | |
| 350 | Payments on tax arrears |
| 351(1) | Collection remedies |
| (2) | Debt owing to city |
| (3) | Evidence of taxes payable |
| 352(1) | Tax certificate |
| (2) | Certificate binding |
| LIENS FOR TAXES | |
| 353(1) | Special lien on land and improvements |
| (2) | Special lien on personal property |
| (3) | No registration and priority of lien |
| (4) | No lien on land for business tax etc. |
| (5) | No lien on goods on consignment or in storage |
| 354(1) | Priority in bankruptcy |
| (2) | Personal property of bankrupt liable |
| DISTRAINT AND SALE OF PERSONAL PROPERTY | |
| 355 | Sale or distraint for lien under subsection 353(2) |
| 356(1) | Distress and sale for taxes |
| (2) | Sale and right of distraint |
| (3) | Distress and sale to be by tax collector |
| (4) | Right of entry of person levying distress |
| 357(1) | Restriction on distraint |
| (2) | Where subsection (1) not to apply |
| 358(1) | Persons in possession to pay taxes |
| (2) | Distraint for real property taxes |
| (3) | Exception |
| 359 | Acknowledgment |
| 360 | Release not to prejudice city |
| 361 | Limit on liability for distrained property |
| 362(1) | Sale of distrained goods |
| (2) | Notice of sale |
| 363(1) | Proceeds of sale of seized property |
| (2) | Where person entitled not known |
| 364(1) | Application to court re seizure |
| (2) | Order on application |
| MISCELLANEOUS REMEDIES | |
| 365 | Assets insufficient to cover taxes |
| 366(1) | Building not to be removed if taxes unpaid |
| (2) | Transfer of taxes |
| 367(1) | Tenant required to pay rent to city |
| (2) | Effect of payment by tenant |
| 368 | Action by tenant to recover taxes paid |
| 369(1) | Insurance money applied to taxes |
| (2) | Limitation on application of subsection (1) |
| (3) | Application of insurance money |
| (4) | Insurers to notify tax collector |
| DIVISION 4 | |
| TAX SALES FOR REAL PROPERTY TAXES | |
| 370 | Definitions |
| 371 | Land liable to tax sale |
| 372 | Description of land |
| 373 | Tax arrears list |
| 374 | Preliminary steps to tax sale |
| 375 | Where title vested in Crown |
| 376(1) | First notice to registered owner |
| (2) | Second notice to registered owner |
| (3) | Manner of giving notice |
| 377(1) | Prior right of city to purchase |
| (2) | Purchase money not needed |
| 378(1) | Sale by auction |
| (2) | Auction may be adjourned |
| (3) | Where bidder doesn't pay immediately |
| 379 | Restriction on bidders |
| 380 | Return to district registrar |
| 381 | Purchaser to pay all unpaid taxes |
| 382(1) | Tax sale certificate |
| (2) | Modified certificate |
| 383(1) | Statement of payment of balance |
| (2) | Where balance not paid |
| 384(1) | Rights of tax purchaser |
| (2) | Right of city to enter unoccupied real property |
| 385(1) | Assignment of tax sale certificate |
| (2) | Rights of assignee |
| (3) | Tax purchaser may be required to assign |
| (4) | Priorities of rights |
| (5) | No requisition to person with prior right |
| (6) | Application to court |
| REDEMPTION THROUGH CITY | |
| 386(1) | Redeeming by payment to city |
| (2) | Actions on redemption |
| (3) | Payment without tax sale certificate |
| 387 | Continuing assessment and taxation |
| 388 | When rights of tax purchaser cease |
| REDEMPTION THROUGH LAND TITLES OFFICE | |
| 389 | Return to L.T.O. |
| 390 | Redeeming by payment to district registrar |
| 391(1) | District registrar's duties |
| (2) | Money not subject to attachment |
| 392 | Payment by city to tax purchaser |
| REDEMPTION BY INSTALMENTS | |
| 393(1) | Authority for instalments |
| (2) | Copy of agreement to district registrar |
| (3) | Agreement not to affect other remedies |
| (4) | Default under agreement |
| (5) | Power of city to assign tax sale certificate |
| (6) | Effect of agreement on tax purchaser |
| TRANSFER OF TITLE | |
| 394(1) | Tax purchaser's application for title |
| (2) | How application to be treated |
| (3) | Failure to make application |
| 395(1) | Notice to interested persons of application for title |
| (2) | Contents of notice |
| (3) | Proof of service |
| (4) | Directions for substitutional service |
| (5) | Compliance with directions |
| (6) | Fixing date of service |
| 396 | Persons entitled to redeem |
| 397(1) | Issue of title |
| (2) | Validity of title |
| 398(1) | District registrar not obliged to inquire |
| (2) | No action against district registrar |
| 399 | Withdrawal by city |
| CHANGING BUILDING RESTRICTION COVENANTS | |
| 400(1) | Effect on building restriction covenants |
| (2) | Notice of by-law |
| PROCEEDS OF TAX SALE | |
| 401(1) | Surplus proceeds |
| (2) | Priority of claims to excess |
| (3) | Proceeds of a tax sale to city |
| (4) | Excess not paid out |
| SETTING ASIDE TAX SALE | |
| 402(1) | Grounds for setting aside tax sale |
| (2) | Where sale set aside |
| 403 | Action to set aside tax sale |
| MISCELLANEOUS | |
| 404 | Forms and fees for land titles office |
| 405 | Application of Real Property Act |
| DIVISION 5 | |
| LOCAL AND DISTRICT IMPROVEMENTS | |
| 406 | Definitions |
| LOCAL IMPROVEMENTS | |
| 407(1) | Determination of real property benefited |
| (2) | Different determination for different improvements |
| 408 | Initiation of local improvement |
| 409(1) | Notice of proposal |
| (2) | Property not fronting on improvement |
| (3) | Contents of notice |
| 410(1) | Where city's real property benefited |
| (2) | Where real property benefited is exempt |
| 411 | Effect of objections |
| 412(1) | By-law authorizing local improvement |
| (2) | Calculating local improvement taxes |
| (3) | Exceptional cases |
| 413(1) | Appeal in exceptional cases |
| (2) | Powers on appeal |
| (3) | Adding real property for local improvement |
| (4) | Notice to owner |
| 414 | Determining local improvement taxes |
| 415 | Cost borne by city |
| 416 | Effect of subdivisions and other property changes |
| 417 | Improvement in middle of street |
| 418 | Eligible costs |
| 419 | Adjustment for property needed for improvement |
| 420 | Additional charges |
| 421(1) | Reconstruction of private works |
| (2) | Costs collected in same manner |
| 422(1) | Consolidated by-laws |
| (2) | Provisions of consolidating by-law |
| 423(1) | Power to defer charges |
| (2) | Notice of deferment |
| 424 | Commuting charges |
| 425 | Collection of local improvement taxes |
| LOCAL IMPROVEMENT DISTRICTS | |
| 426(1) | Initiation of district proposal |
| (2) | Contents of district proposal |
| 427 | Referral to committee |
| 428(1) | Action by council after hearing |
| (2) | Notice of proposed by-law |
| (3) | Contents of notice |
| 429 | Effect of objections |
| 430(1) | District improvements by-laws |
| (2) | Methods of levying |
| (3) | Entire cost paid by local improvement taxes |
| 431 | Application of certain provisions |
| DIVISION 6 | |
| FRONTAGE TAXES | |
| 432(1) | By-laws for frontage taxes |
| (2) | Uniform rate established |
| (3) | Application of uniform rate |
| (4) | How frontage taxes may be used |
| 433 | Collection of frontage taxes |
| DIVISION 7 | |
| BUSINESS IMPROVEMENT ZONES | |
| 434 | Definitions |
| 435 | Purpose of business improvement zone |
| 436(1) | Establishment of business improvement zones |
| (2) | Content of by-law establishing a zone |
| 437 | Policies and procedures for zones |
| 438(1) | Annual budgets must be approved by by-law |
| (2) | Circumstance where budget may not be approved |
| 439(1) | Tax in zone |
| (2) | Collection of charges |
| 440(1) | Expenditures by boards |
| (2) | Indebtedness |
| (3) | Unexpended funds |
| DIVISION 8 | |
| ELECTRICITY AND GAS TAX | |
| 441(1) | Definitions |
| (2) | Determination of base load |
| 442(1) | Tax on electricity and gas |
| (2) | Exceptions |
| 443(1) | Due date for payment |
| (2) | Seller is collector |
| (3) | Part of cent |
| 444 | Refund of money paid as tax |
| 445 | Recovery of tax from collector |
| 446 | Remedies |
| 447 | Seller not to remit tax to purchaser |
| 448 | Disclosure of tax |
| 449(1) | Reports and remission of tax by sellers |
| (2) | Powers for collector |
| (3) | Estimates if no return by seller |
| (4) | Compensation to sellers |
| (5) | Purchaser to assume duties of seller |
| (6) | Owner of distribution system |
| 450 | Liability for acts of employees |
| PART 9 | |
| OFFICIAL LANGUAGES OF MUNICIPAL SERVICES | |
| 451(1) | Definitions |
| (2) | Meaning of "official languages" |
| 452(1) | General obligation of city |
| (2) | Interpretation |
| (3) | Limitation of obligation |
| PROCEEDINGS OF COUNCIL AND ITS COMMITTEES | |
| 453(1) | Use of French in council and its committees |
| (2) | Notice |
| COMMUNICATION AT CITY OFFICES | |
| 454(1) | Official languages at City Hall |
| (2) | Official languages at designated locations |
| (3) | Written communications |
| (4) | Subsequent communications |
| (5) | St. Boniface office |
| MUNICIPAL SERVICES | |
| 455(1) | Application |
| (2) | Receipt of municipal services in St. Boniface Ward |
| (3) | Municipal services for designated area |
| (4) | Subsequent communications |
| BILINGUAL DOCUMENTS | |
| 456(1) | Notices, statements etc. |
| (2) | Forms and brochures |
| 457(1) | Publication of notices and advertisements |
| (2) | Public notices may be published separately |
| (3) | Cost of publication |
| BILINGUAL SIGNS | |
| 458(1) | Signs respecting municipal services |
| (2) | General information signs |
| (3) | Street and traffic signs |
| ACCESS GUIDE | |
| 459(1) | Contents of access guide |
| (2) | Availability of access guide |
| (3) | Updating access guide |
| IMPLEMENTATION | |
| 460(1) | By-law for implementation |
| (2) | Priority services |
| ADMINISTRATION | |
| 461 | French language co-ordinator |
| 462 | Annual report to minister |
| COMPLAINTS | |
| 463 | Complaint to ombudsman |
| PART 10 | |
| LEGAL MATTERS | |
| DIVISION 1 | |
| CHALLENGING BY-LAWS, RESOLUTIONS AND ORDERS | |
| 464 | "By-law" defined |
| 465(1) | Application for declaration of invalidity |
| (2) | Applicant's requirements |
| (3) | Order |
| (4) | No declaration on certain grounds |
| 466(1) | Limit on application re securities by-law |
| (2) | Effect of application re securities by-law |
| 467 | Application of section 465 to committees |
| DIVISION 2 | |
| PROPERTY AND LIABILITY OF CITY | |
| GENERAL | |
| 468 | "Public facility" defined |
| 469 | City's assets not subject to seizure |
| 470 | Payments to persons indebted to city |
| 471 | Effect of formal defects |
| 472 | Exercise of discretion |
| 473 | Liability for remedying contraventions |
| 474 | Negligent supervision by others |
| STREETS | |
| 475(1) | Streets to be kept in repair |
| (2) | Restriction on responsibility |
| (3) | Restrictions on liability |
| 476 | Nuisance on street |
| 477(1) | Liability for private works |
| (2) | No interference with liability and no vested rights |
| (3) | Rights of city respecting private works in streets |
| 478 | Persons obstructing to indemnify city |
| 479 | Agreement has no effect on city's liability |
| 480 | Claim for change in street level |
| 481 | Registering changes in street names |
| PUBLIC FACILITIES | |
| 482 | Limited liability for public facilities |
| BUILDING INSPECTIONS | |
| 483(1) | Requests for inspections |
| (2) | Negligent inspections |
| (3) | Certification by professionals |
| (4) | Matters beyond scope of inspection |
| (5) | Failure to comply with conditions |
| (6) | Failure to prevent or limit loss |
| 484 | Inspection not a guarantee |
| DELIVERY OF COMMODITIES OR SERVICES | |
| 485(1) | Discontinuance or interruption |
| (2) | Interrupted supplies |
| (3) | Damages caused by quality of water |
| 486 | No liability for certain water overflows |
| 487 | No liability for certain nuisances |
| DERELICT VEHICLES | |
| 488 | Protection from liability |
| COMPUTATION OF TIME AND LIMITATION PERIODS FOR ACTIONS AGAINST CITY | |
| 489 | Holidays |
| 490(1) | Limitation on actions respecting streets |
| (2) | Falls due to snow or ice |
| 491 | Limitation on actions respecting public facilities |
| 492(1) | Notice not required in case of death |
| (2) | Requirement of notice |
| 493(1) | Limitation of actions respecting works |
| (2) | Limitation of actions respecting signs |
| 494 | Limitation of actions respecting taxes |
| 495(1) | Appeals re planning or development |
| (2) | Time for appeal |
| (3) | Proceedings on appeal |
| DIVISION 3 | |
| LIABILITY AND INDEMNIFICATION OF MEMBERS OF COUNCIL, EMPLOYEES, | |
| UNAUTHORIZED EXPENDITURES | |
| 496(1) | Offence |
| (2) | Civil liability of members of council |
| (3) | Joint and several liability |
| (4) | Action by city or elector |
| (5) | Exception for expenditures in state of emergency |
| ACTS DONE IN GOOD FAITH | |
| 497(1) | Liability restricted |
| (2) | Exception for defamation |
| (3) | Liability of city |
| INSURANCE | |
| 498 | City may take out insurance |
| DIVISION 4 | |
| CITY RECORDS | |
| 499 | Authentication of by-law |
| 500(1) | Execution of documents |
| (2) | Execution of documents where no by-law in force |
| 501(1) | Definition of "city record" |
| (2) | Admissibility of certified copies |
| (3) | Admissibility of record in converted form |
| (4) | Certificate |
| (5) | Judicial notice |
| 502 | Proof of certain facts |
| DIVISION 5 | |
| SPECIFIC PROVISIONS RESPECTING PROSECUTIONS | |
| 503 | Prosecution of corporation |
| 504(1) | Proof of carrying on business |
| (2) | Advertisement or announcement as evidence |
| 505(1) | Definition of "transient trader" |
| (2) | Onus re carrying on business |
| 506 | Presumption re litter |
| 507 | Proof of by-law |
| BOARDED-UP BUILDINGS | |
| 508 | Proof of boarding up |
| ANIMALS | |
| 509(1) | Meaning of "running at large" |
| (2) | Offence re dogs running at large |
| (3) | Onus on prosecution |
| 510(1) | Animal causing damage |
| (2) | Procedure |
| DIVISION 6 | |
| EXEMPTION ORDERS | |
| 511 | Exemption by L.G. in C. |
| 512(1) | Hearing required |
| (2) | Purpose of hearing |
| (3) | Notice and adjournment of hearing and report |
| DIVISION 7 | |
| MISCELLANEOUS | |
| RECOVERY OF COSTS IN LEGAL PROCEEDINGS | |
| 513 | Authority to recover costs |
| NOXIOUS WEEDS ACT | |
| 514(1) | Application of Noxious Weeds Act |
| (2) | Costs of weed destruction |
| RESTRICTIONS ON FLOOD ASSISTANCE | |
| 515(1) | No right to flood assistance |
| (2) | Building in designated floodway area |
| (3) | Government assistance in floodway fringe area |
| (4) | City assistance in floodway fringe area |
| DISCHARGE OF BUILDING RESTRICTIONS | |
| 516(1) | Definitions |
| (2) | City may discharge instruments |
| (3) | Specific process |
| PART 11 | |
| TRANSITIONAL AND CONSEQUENTIAL AMENDMENTS | |
| MATTERS UNDER FORMER ACT | |
| 517 | Definition of "former Act" |
| 518(1) | Continuation of by-laws, resolutions |
| (2) | Restriction |
| 519(1) | Appointments and other decisions |
| (2) | Plans, licences, permits, approvals and authorizations |
| (3) | Agreements and contracts |
| (4) | Reserves funds under former Act |
| (5) | Borrowing |
| (6) | Continuation of tax and penalty |
| (7) | Tax rolls and tax notices |
| (8) | Tax sales and redemptions |
| (9) | Hearings and applications begun |
| ST. BONIFACE MUSEUM BOARD | |
| 520 | Museum board continues to operate museums |
| REGULATIONS | |
| 521(1) | L. G. in C. Regulations |
| (2) | Timing of regulations |
| CONSEQUENTIAL AMENDMENTS | |
| 522 | Consequential amendment, C.C.S.M. c. C225 |
| 523 | Consequential amendment, C.C.S.M. c. L10 |
| 524(1) | Consequential amendments, C.C.S.M. c. L180 |
| (2) | |
| (3) | |
| (2) | City of Winnipeg Charter to prevail |
| 525(1) | Consequential amendments, C.C.S.M. c. M226 |
| (2) | |
| (3) | |
| (4) | |
| (5) | |
| (3) | Notice, revision and appeal re corrections |
| 526(1) | Consequential amendments, C.C.S.M. c. M255 |
| (2) | |
| (3) | |
| (4) | Referral to city council |
| (4) | |
| 527(1) | Consequential amendments, C.C.S.M. c. O45 |
| (2) | |
| (3) | |
| 528 | Consequential amendment, C.C.S.M. c. P220 |
| 32.1 | Winnipeg libraries as municipal libraries |
| 529 | Consequential amendments, C.C.S.M. c. P265 |
| 530 | Consequential amendment, C.C.S.M. c. P280 |
| 531(1) | Consequential amendments, C.C.S.M. c. R30 |
| (2) | |
| 118 | Consents |
| (3) | |
| (4) | |
| (2) | Exception |
| 532 | Consequential amendment, C.C.S.M. c. S230 |
| 533 | Consequential amendments: references to the former Act |
| UNPROCLAIMED AMENDMENTS RESPECTING PENSIONS | |
| 534(1) | Pension provisions replaced |
| 90(1) | Pension plan by-laws |
| (2) | |
| (5) | Combination of funds for investment |
| (6) | Application of subsection (4) |
| (3) | |
| PART 12 | |
| REPEAL, CITATION AND COMING INTO FORCE | |
| 535 | Repeal |
| 536 | Citation |
| 537(1) | Coming into force |
| (2) | Coming into force: section 534 |