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S.M. 1986-87, c. 47
An Act to amend The City of Winnipeg Act
(Assented to September 10, 1986)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
Clause 85(d) of The City of Winnipeg Act, being chapter 105 of the Statutes of Manitoba, 1971, is amended by striking out the words "or in the case of the election of the first council, in an area municipality" in the 1st and 2nd lines thereof.
Subsection 123(2) of the Act is amended by striking out the words and figures "Notwithstanding anything contained in section 618 where" in the 1st line thereof and substituting therefor the word "Where".
Clause 138(1)(b) of the Act is amended by adding thereto, immediately after the word "city" in the 4th line thereof, the words "or by the council or an officer or employee of a municipality in the additional zone".
Section 156 of the Act is repealed and the following section is substituted therefor:
Exemption of certain buildings.
Notwithstanding any other provision of this Act or any other Act of the Legislature, but subject to subsections (2), (3) and (4), where in any year, at the time the assessment of any parcel of land for that year is being made, there is on that parcel of land
(a) construction of a new building or an addition to a building; or
(b) substantial renovations being made to a building listed on the buildings conservation list referred to in clause 483(c); the assessor shall not in making his assessment
(c) where clause (a) applies, include the value of the new construction; and
(d) where clause (b) applies and where a by-law is passed pursuant to clause (4)(b), include the value of the exemption provided for under that by-law.
The exemption from assessment referred to in subsection (1) applies only until the earlier of
(a) that building, addition or renovation or a part thereof being substantially completed and
(i) capable of being and reasonably fit to be occupied and used for purposes other than the renovation or construction thereof, or
(ii) occupied or used for purposes other than the renovation or construction thereof, or
(b) the expiration of two years from the date on which the construction of the new building, or the addition or the renovation began.
Fixing date of term of termination of exemption.
Where the assessor in assessing the parcel of land on the expiration of the period referred to in clause (2)(a) or (b) includes in the assessment the value of the new construction, addition or renovation, the assessor shall report that value to the tax collector in writing and shall state the date when the new construction, addition or renovation became liable to assessment.
The city may, by by-law,
(a) define "substantial renovations"; "substantial completion"; and "reasonably fit" for the purposes of this section; and
(b) provide for the temporary removal from the city taxable assessment roll in whole or in part, of the building assessment of a building on the building conservation list.
Section 157 of the Act is repealed.
Clause 161(1)(a) of the Act is amended by striking out the figures "$1,200,000" in the 2nd line thereof and substituting therefor the figures "$1,200,000".
Clause 223(1)(c) of the Act is repealed and the following clause is substituted therefor:
(c) construction has been completed
(i) of a new building,
(ii) of an addition to an existing building,
(iii) of a substantial renovation of a building listed on the buildings conservation list or a part of that building, or
(iv) of the alteration or repair to an existing building; or.
Clause 303(2)(c) of the Act is amended by striking out the word "five" in the 4th line thereof and substituting therefor the word "ten".
Subsection 345(2) of the Act is repealed.
Subsection 350.2(2) of the Act is repealed.
Clause 381(4)(c) of the Act is amended by adding thereto immediately before the word "assessment" in the 8th line thereof the words "the proposed".
Clause 381(4)(f) of the Act is amended by adding thereto immediately before the word "assessment" in the 2nd line thereof the word "proposed".
Subsection 448(4) of the Act is amended
(a) by striking out the word "five" in the 8th line thereof and substituting therefor the word "fifty"; and
(b) by striking out the word "ten" in the 8th line thereof and substituting therefor the words "one hundred".
Subsection 448(6) of the Act is amended by striking out the word "ten" in the 3rd line thereof and substituting therefor the word "fifty".
Subsection 448(8) of the Act is repealed and the following substituted therefor:
On default being made in complying with a notice issued under subsection (7), the engineer, when authorized by the health officer, may cause the building or terrace to be demolished.
Section 448 of the Act is amended by adding immediately after subsection (9) thereof the following subsection:
All costs, charges, fees and disbursements related to or arising out of the exercise by the city of its powers as set out in this section and section 449 and 450
(a) may be recovered by summary process;
(b) shall be a lien upon
(i) the building or terrace and the materials thereof, and
(ii) the lot or parcel of land occupied thereby; and
(c) may be collected in the same manner and with the same priorities as the ordinary municipal rates of the city and for that purpose the provisions of Part VIII apply with such modifications as the circumstances require.
Secs. 462 to 471 rep. and sub.
Sections 462 to 471 of the Act are repealed and the following sections are substituted therefor:
City may establish police department.
The city may
(a) establish a police department and engage such persons and purchase and maintain such things as council may consider necessary for the efficient operation of the department;
(b) pass by-laws to regulate the government of the police department, including the conduct and duties of members of the department, for preventing neglect or abuse, and for rendering the department efficient in the discharge of its duties and fixing penalties including dismissal, probation, loss of promotion, reduction in rank or classification with proportionate reduction in pay, fines, additional duty, or deprivation of off-duty time for the infraction thereof;
(c) delegate to the chief of police the right to maintain discipline in the department by applying and enforcing the penalties set out in the by-law against members of the department guilty of breaches of duty or discipline or of the requirements of any rules applicable to the members of the police department.
The police department shall consist of a chief of police and such other officers and such constables, assistants and civilians as council may consider necessary from time to time.
Each member of the police department who is to exercise the powers of a peace officer before entering upon his duties shall take and subscribe to the following oath:
I, A. B., do swear that I will well and truly serve Her Majesty the Queen, her heirs and successors according to law in the office of police constable (or as the case may be) for The City of Winnipeg with no favour or affection, malice or ill-will, and that I will to the best of my power cause the peace to be kept and preserved, and will prevent all offences against the persons and properties of Her Majesty's subjects, and that I will to the best of my skill and knowledge discharge all the duties thereof faithfully and according to law. So help me God. (In case of affirmation, the last four words may be omitted. )
Subject to any by-law or resolution passed by the council, the members of the police department
(a) shall obey all lawful directions and be subject to the orders of the chief of police; and
(b) excepting assistants and civilian employees, are charged with the duty of preserving the peace, the prevention of crime and offences, apprehending offenders and generally with the performance of all duties that by law devolve upon peace officers and have generally all the powers and privileges and are liable to all the duties and responsibilities that belong to constables.
May charge for accident reports.
Subject to The Highway Traffic Act, the chief of police may authorize the furnishing to members of the public of copies of accident reports made under The Highway Traffic Act under such circumstances as the chief of police may determine and may fix the fees to be charged therefor and such fees shall be paid to the chief of police and remitted by him to the treasurer.
The chief of police may suspend a member of the department until the next meeting of the board of commissioners.
The board of commissioners may suspend from office the chief of police or other member of the police department without considering the merits of the matter and may appoint another person to act in his stead during the period of the suspension.
Hearing by board of commissioners.
Where the chief of police acts under subsection (1) and the suspension has not been terminated or the board of commissioners acts under subsection (2), the board shall, within 60 days, conduct a hearing to consider the merits of the matter at which the chief of police or other member of the police department who was suspended is entitled,
(a) to appear and be heard in person or by counsel, or both, and to give evidence on oath;
(b) to produce witnesses and have them give evidence, and examine them, on oath, subject to their cross examination by any other person; and
(c) to require any person giving evidence to the board of commissioners to be sworn, and to cross examine him, or have him cross examined by counsel.
The board of commissioners has in conducting a hearing under subsection (3) all the powers and privileges of and the protection afforded to commissioners under Part V of The Manitoba Evidence Act.
Any member may administer oath.
Any member of the board of commissioners may administer the oath to any person authorized or required to give evidence before it.
Action by board of commissioners.
The board of commissioners may, after a hearing under subsection (3),
(a) extend the period of suspension referred to in subsection (2) for a fixed term; or
(b) terminate the suspension referred to in subsection (2) and reinstate the chief of police or member on such terms and conditions as it deems appropriate; or
(c) subject to section 468, dismiss the chief of police or member; or
(d) impose one or more of the penalties established pursuant to subsection 462(1).
The board of commissioners shall forthwith report any action taken under subsection (6) to the executive policy committee.
No person to act during suspension.
The chief of police or other member of the police department who is suspended pursuant to section 465 shall not act as such during the period of suspension.
Neither the chief of police nor any other member of the police department shall be dismissed, except for cause.
Investigation into conduct of member of department.
Subject to The Law Enforcement Review Act, the board of commissioners may institute an investigation into the conduct of a member of the police department or into charges of misconduct or wrong-doing made against any member in respect of the performance of the duties of the member and the board of commissioners has the same power to compel the attendance of witnesses and to require them to testify under oath as it has under subsection 465(4).
Act to prevail over the collective agreement.
Where the chief of police or other member of the police department is alleged to have committed an offence contrary to any by-law or regulation passed pursuant to subsection 462(1) or is suspended pursuant to subsection 465(2), the procedures and penalties established pursuant to this Act prevail over those in any collective agreement.
Clause 524(1)(c) of the Act is repealed and the following clause is substituted therefor:
(c) to reduce or remit entirely, the licence fee payable in respect of any specified trade if that trade is carried on by a person who is assessed for business tax by the city in respect of the premises in or from which the trade is carried on, or in respect of other premises located in the city.
Clause 524(1)(j) of the Act is amended by striking out the word "owner" in the 2nd line thereof and substituting therefor the word "owners".
Clause 528(c) of the Act is repealed and the following clauses are substituted therefor:
(c) apply to news vendors employed by a railway company if the employment is exclusively for the business of the company;
(d) apply to news stands in a railway station maintained by a railway company.
Section 609 of the Act is amended by adding thereto, immediately after subsection (2.1) thereof the following subsection:
Repeated application within one year.
Where the designated commissioner is of the opinion that an application for enactment of a zoning by-law is the same or substantially the same as a prior application refused by the council on a date 365 days or less prior to the date of that new application
(a) that new application shall be referred to the designated committee; and
(b) if, in the opinion of the designated committee, the new application is the same or substantially the same as the prior application, it shall not be referred to the community committee or to the council of the municipality if the land affected is in the additional zone unless, in the opinion of the designated committee, consideration of the new application is warranted before expiry of the 365 day period.
Clause 637(15)(a) of the Act is repealed and the following clause is substituted therefor:
(a) by publishing at least 10 days before the meeting, a copy thereof, wherever possible, in a publication having a general circulation in the community in which the land is located and in one other newspaper having a general circulation in the city, or by publishing a copy thereof in 2 newspapers having a general circulation in the city;.
Section 642 of the Act is amended by adding thereto immediately after subsection (5) thereof the following subsection:
Costs related to issuing an order.
All costs, charges, fees and disbursements, related to or arising out of the city exercising its powers as set out in this section
(a) may be recovered by summary process;
(b) shall be a lien upon
(i) the buildings or terrace and the materials thereof, and
(ii) the lot or parcel of land occupied thereby; and
(c) may be collected in the same manner and with the same priorities as the ordinary municipal rates of the city and for that purpose the provisions of Part VIII of this Act apply with such modifications as the circumstances require.
This Act except section 17 comes into force on the day it receives the royal assent.
Section 17 comes into force on November 4, 1986.