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S.M. 1985-86, c. 32
An Act to amend The Special Survey Act
(Assented to July 11, 1985)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
Section 2 of The Special Survey Act, being chapter S190 of the Revised Statutes is repealed and the following section is substituted therefor:
"Attorney-General", "Registrar-General" and the "Municipal Board", wherever used in this Act mean, respectively, the Attorney-General of Manitoba, the Registrar-General appointed under The Real Property Act and the Municipal Board established under The Municipal Board Act.
Section 5 of the Act is repealed and the following section is substituted therefor:
Notice of time and place for hearing objections to plan.
The Attorney-General shall
(a) cause to be published, at the expense of the applicant, in the Manitoba Gazette and, if the Attorney-General thinks it proper to so direct, in any other newspaper or publication, a notice for the information of all interested parties stating that the plan is to be submitted for the approval of the Lieutenant Governor in Council and also setting forth the object of the special survey, and a day, hour, place, fixed for the hearing by the Attorney-General of any complaints that may be made against the special survey or plan by any person interested in the property thereby affected; and
(b) send or cause to be sent a copy of the plan of special survey to the office of the local government authority in which the lands referred to in the plan of special survey are located.
Section 6 of the Act is repealed and the following section is substituted therefor:
Appointment of Municipal Board to hear complaints.
The Attorney-General may appoint the Municipal Board to hear complaints under this Act, and for that purpose the Municipal Board has the same powers as the Attorney-General.
Section 7 of the Act is amended by numbering the section as subsection (1) thereof and by adding thereto, immediately after renumbered subsection (1) thereof the following subsection:
Attorney-General to remit matter to Municipal Board for hearing.
Where the Attorney-General receives a written statement as mentioned under subsection (1), the Attorney-General shall remit the matter to the Municipal Board for a hearing.
Section 8 of the Act is amended by striking out the words "person so appointed acting on his behalf" immediately after the word "the" in the 2nd line thereof and substituting therefor the words "Municipal Board acting on behalf of the Attorney-General;".
Section 9 of the Act is amended
(a) by striking out the words "Attorney-General" in the 1st line thereof and substituting therefor the words "Municipal Board"; and
(b) by striking out the word "he" in the 1st line thereof and the word "him" in the 3rd line thereof and substituting therefor, in each case, the word "it".
Section 12 of the Act is repealed and the following section is substituted therefor :
Disposition of complaints by Municipal Board.
Upon the completion of the hearing of a complaint the Municipal Board may dispose of the complaint in such manner as is deemed just and equitable under the circumstances and in particular it may, by order, uphold or vary the plan of the special survey in such manner as it decides.
Submission of order and survey to L. G. in C.
The Municipal Board shall give written notice of its order made under subsection (1) by certified mail to any person who is or appears to be affected by the plan of special survey, and shall, thereafter, submit the order and the plan of special survey to the Lieutenant Governor in Council for approval.
Section 14 of the Act is amended
(a) by adding thereto, immediately after the word "Gazette" in the 2nd line thereof the words "and in a local newspaper"; and
(b) by striking out the word "twenty" in the 3rd line thereof and substituting therefor the word "thirty".
Section 15 of the Act is repealed and the following section is substituted therefor:
Appeal from Municipal Board order.
Any person affected by an order of the Municipal Board made under section 12 may, within 30 days from the date of the order appeal the order to the Court of Queen's Bench.
Notwithstanding subsection (1), a judge of the Court of Queen's Bench may, upon application therefor made before or after the expiration of the time for filing an appeal, extend the time within which an appeal may be made under that subsection.
Application to court for hearing date.
Upon the filing of a notice of appeal under subsection (1) or within such extended period of time as may be granted under subsection (2), the appellant shall apply to a judge of the Court of Queen's Bench to fix a date for the hearing of the appeal.
SPECIAL SURVEY
Service of notice of appeal on parties.
Not less than 7 clear days prior to the date fixed for the hearing of the appeal, the appellant shall by personal service or certified mail serve upon the Registrar-General, the Municipal Board and every person who has or appears to have an interest in the land affected by the special survey, a copy of the notice of appeal together with a copy of the notice of the date fixed for the hearing of the appeal.
The hearing of an appeal in the Court of Queen's Bench shall be a trial de novo and upon completion of the hearing the court may
(a) dismiss the appeal; or
(b) order that the special survey and plan be varied in such manner as the court directs; or
(c) order that any parcel of land vest in such person as the circumstances of the case may require; and
(d) order the payment of such costs or compensation as to the court considers just and reasonable.
Variation of special survey to be approved by L. G. in C.
Where the Court of Queen's Bench orders a variation of the plan of the special survey, the variation shall be submitted for the approval of the Lieutenant Governor in Council.
Section 16 of the Act is repealed and the following section is substituted therefor:
Filing of varied plan and new order in council.
Upon approval of the varied plan of special survey under subsection 15(6), the Municipal Board shall file a certified copy thereof together with a certified copy of the order of the Court of Queen's Bench with the Registrar-General.
Section 17 of the Act is amended by striking out the word "twenty" in the 2nd line thereof and substituting therefor the word "thirty"
Subsection 18(1) of the Act is amended
(a) by striking out the words "registrar general shall, after such inquiry and on such evidence as he deems sufficient" in the 2nd and 3rd lines thereof and substituting therefor the words "Municipal Board shall"; and
(b) by striking out the word "he" where it appears in the 6th and 7th lines thereof and substituting therefor, in each case, the word "it".
Section 19 of the Act is repealed and the following section is substituted therefor:
Municipal Board to prepare statement.
The Municipal Board shall prepare or cause to be prepared a statement signed by the Municipal Board setting out the proportionate amounts that it has fixed under subsection 18(1) and charged against each parcel of land included in the survey.
Subsection 20(1) of the Act is amended by striking out the words and figures "The Registrar-General shall forward the statement to which reference is made in section 19, signed by him and under the seal of his office" in the 1st and 2nd lines thereof and substituting therefor the words and figures "The Municipal Board shall forward the statement under section 19".
Subsection 20(5) of the Act is amended by striking out the words
"Registrar-General" in the 5th line thereof and substituting therefor the words "Minister of Finance".
Subsection 20(7) of the Act is amended by striking out the words
"Registrar-General" where they appear in the 2nd, 3rd, 4th and 5th lines thereof and substituting therefor in each case, the words, "Minister of Finance".
Sections 21 and 23 of the Act are repealed.
This Act comes into force on the day it receives the royal assent.