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S.M. 1985-86, c. 28

An Act to amend The Municipal Act

(Assented to July 11, 1985)

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

Subsec. 22(2) am.

1

Subsection 22(2) of The Municipal Act, being chapter 100 of the Statutes of Manitoba, 1970 (chapter M225 of the Continuing Consolidation of the Statutes of Manitoba), is amended by striking out the word and letter "or (e)" in the 1st line of clause (b) thereof and substituting therefor the word and letters "(e) or (f)".

Subsec. 41(3) am.

2

Subsection 41(3) of the Act is amended

(a) by striking out the words "or in" and the words and letter "clause (c) of" where they appear in the 6th line thereof; and

(b) by striking out the figure "(2)" in the 7th line thereof and substituting therefor the figure "(1)".

Sec. 88 am.

3

Section 88 of the Act is amended by adding thereto, immediately after the word "municipality" in the 5th line thereof, the words "or the council thereof or any member of the council thereof".

Secs. 88.2 and 88.3 added.

4

The Act is amended by adding thereto, immediately after section 88.1 thereof, the following sections:

Indemnity.

88.2

No council of a municipality or member thereof, and no employee of a municipality, and no person acting under the lawful instructions of the council of a municipality or of a member thereof or of an employee of the municipality, is personally liable for any loss or damage suffered by any person by reason of anything done or omitted to be done, lawfully and without negligence, pursuant to or in the exercise of powers conferred by this Act.

Payment of legal expenses.

88.3

The council of each municipality, including The City of Winnipeg, may expend funds of the municipality to pay the legal expenses of any member thereof or any employee of the municipality necessarily incurred by the member or employee in defending or prosecuting any court action initiated against or by the member or employee and arising out of anything done or omitted to be done pursuant to or in the exercise of powers conferred by this Act or any other Act; and the council may expend funds of the municipality to provide insurance coverage for the payment of such legal expenses.

Sec. 97 am.

5

Section 97 of the Act is amended by adding thereto, immediately after the word "foregoing" in the 3rd line thereof, the words "shall make regulations".

Subsec. 115(1) am.

6

Subsection 115(1) of the Act is amended by adding thereto, immediately after the word "year" in the 1st line thereof, the words and figure "not earlier than on the 7th day nor later than".

Subsec. 115(5) rep. and sub.

7

Subsection 115(5) of the Act is repealed and the following subsection is substituted therefor:

Delayed meeting.

115(5)

Subject to subsection (1), if there is not a quorum present at the time fixed in the notice, the meeting may be held on the same day at any later time when a quorum is present or, if no quorum is present on that day, at any time on the earliest day thereafter when a quorum is present.

Subsec. 121(1) am.

8

Subsection 121(1) of the Act is amended by adding thereto, immediately after the word "Act" in the last line thereof, the words "or The Municipal Council Conflict of Interest Act".

Subsec. 369(1) am.

9

Subsection 369(1) of the Act is amended

(a) by striking out the words "The Water Supply Board Act" in the 1st line thereof and substituting therefor the words "The Manitoba Water Services Board Act"; and

(b) by striking out the words "The Manitoba Water Supply Board" in the 3rd line thereof and substituting therefor the words "The Manitoba Water Services Board".

Subsec. 433(10) am.

10

Subsection 433(10) of the Act is amended by striking out the word and figure "subsection (1)" in the 1st line thereof and substituting therefor the word, figure and letter "clause (1)(f)".

Subsec. 561(4) am.

11

Subsection 561(4) of the Act is amended by striking out the words "Municipal Budgets and Finance" in the 3rd line thereof and substituting therefor the words "Municipal Advisory and Financial Services".

Subsec. 568(9.1) added.

12

The Act is amended by adding thereto, immediately after subsection 568(9) thereof, the following subsection:

Application of by-law to unincorporated village district.

568(9.1)

A by-law under subsection (1) may provide that the special tax levied pursuant thereto shall be levied only in the area of the unincorporated village district if the reserve fund is created for the purpose of rendering a service to which clause 586(b) refers, including the acquisition of equipment to perform that service.

Sec. 586 am.

13

Section 586 of the Act is amended

(a) by striking out the word "and" at the end of sub-clause (b)(iii) thereof;

(b) by adding thereto, at the end of sub-clause (b)(iv) thereof, the word "and"; and

(c) by adding thereto, immediately after sub-clause (b)(iv) thereof, the following sub-clause:

(v) any special taxes applicable to the area of the district to raise the amounts required for reserve funds for purposes of the unincorporated village district as established by by-law of the municipality pursuant to subsection 568(9.1).

Sec. 592 am.

14

Section 592 of the Act is amended by adding thereto, immediately after the word "district" where it appears for the 1st time in the 4th line thereof, the words "but subject to The Municipal Council Conflict of Interest Act".

Sec. 593 rep.

15

Section 593 of the Act is repealed.

Subsec. 598(1) am.

16

Subsection 598(1) of the Act is amended by striking out the words "Municipal Budgets and Finance" where they appear in the 3rd line thereof and again in the 4th and 5th lines thereof and substituting therefor, in each case, the words "Municipal Advisory and Financial Services".

Subsec. 600(3) am.

17

Subsection 600(3) of the Act is amended

(a) by striking out the words, letter and figure "clause (d) of subsection (1)" in the 4th line thereof and substituting therefor the words, figure and letters "clause (1)(b), (c) or (d)"; and

(b) by striking out the word "eaxmination" in the 2nd last line thereof and substituting therefor the word "examination".

Sec. 682 am.

18

Section 682 of the Act is amended by striking out the words "The Water Supply Board Act" in the 3rd and 4th lines thereof and substituting therefor the words "The Manitoba Water Services Board Act".

Subsec. 707.1(5) am.

19

Subsection 707.1(5) of the Act is amended by adding thereto, immediately after the word "passed" in the 2nd line thereof, the word "or".

Sec. 795 am.

20

Section 795 of the Act is amended

(a) by striking out the word "and" at the end of sub-clause (c)(iv) thereof;

(b) by adding thereto, at the end of sub-clause (c) (v) thereof, the word "and"; and

(c) by adding thereto, immediately after sub-clause (c)(v) thereof as amended, the following sub-clause:

(vi) lands owned by Manitoba Properties Inc.;.

Commencement of Act.

21

This Act comes into force on the day it receives the royal assent.