.png){kind=small}
S.M. 1987-88, c. 38
An Act to amend The City of Winnipeg Act 2
(Assented to July 17, 1987)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
Sections 5 and 6 of The City of Winnipeg Act, chapter 105 of the Statutes of Manitoba, 1971, are repealed and the following sections are substituted therefor:
For electoral purposes, the city is divided into 29 wards.
Each ward shall comprise such part of the city and shall bear such name as may be determined by the Lieutenant Governor in Council upon application of council or recommendation of the minister following the report of the commission.
There is hereby established "The Winnipeg Wards Boundaries Commission" consisting of
(a) the Chief Justice of the Court of Queen's Bench of Manitoba;
(b) the President of the University of Winnipeg; and
(c) the returning officer of the city.
In the year 1988, and each ninth year thereafter, the commission shall prepare and file a report with the minister containing its recommendations as to the boundaries and the name of each of the wards in the city and the boundaries and the name of each of the communities.
Temporary members of commission.
Where, at a time when the commission is required to perform any duties under this Act, there is a vacancy in any of the offices mentioned in clauses (3)(a), (b) and (c) or any member of the commission is unable to act for any cause, the following persons shall act
(a) the Associate Chief Justice of the Queen's Bench in place of the Chief Justice of the Queen's Bench;
(b) the vice-president (academic) of the University of Winnipeg in place of the president of the University of Winnipeg; and
(c) the enumerator of the city in place of the returning officer of the city.
Where, at a time when the commission is required to perform any duties under this Act, a vacancy in the membership of the commission occurs and cannot be filled under subsection (5), the Lieutenant Governor in Council may appoint a person to fill the vacancy.
A person who becomes a member of the commission under subsection (5) or (6) shall act as a member of the commission until its next report is made under subsection (4).
Such advisers, clerks, and assistants as may be required to enable the commission to discharge its duties may be appointed as provided in The Civil Service Act.
All remuneration paid to the members of the commission or its advisers, clerks and assistants and all other expenses properly incurred by or on behalf of the commission shall be paid by the city.
Subject to subsection (3), each ward of the city shall, as nearly as is reasonably practicable, contain the same number of residents.
In the year 1988, and in each ninth year thereafter, the commission shall proceed to establish a quotient for each ward in the city by dividing the total population of the city as determined by the latest census taken under The Statistics Act (Canada) by 29.
Variation in population basis.
In fixing the boundaries of any ward, the commission shall consider
(a) the community or diversity of interests of the population;
(b) the means of communication between the various parts thereof;
(c) the physical features thereof; and
(d) all other similar and relevant factors; and may allow a variation in the population requirement of any ward where, in its opinion, these considerations render a variation desirable; but in no case shall the number of residents of any ward in the city be 10% more or 10% less than the quotient obtained under subsection (2).
In determining the boundaries of the communities, the commission shall consider
(a) the community or diversity of interests of the population;
(b) the means of communication between the various parts thereof;
(c) the physical features thereof; and
(d) all other similar and relevant factors.
Before making any final determination of the boundaries of the wards and communities, the commission shall appoint such times and places as it considers necessary to hear representations from any person as to the boundaries of any ward or community and it shall give reasonable public notice of the hearings.
Returning officer to publish commission report.
Upon receipt of the commission's report pursuant to subsection 5(4) the minister shall send a copy thereof to the returning officer who shall cause the report to be published in such manner and as often as, in the opinion of the minister, is necessary to ensure general public distribution to the inhabitants of the city.
After the report has been published, the returning officer shall cause to be published, in at least two newspapers having a general circulation in the city, once each week in two successive weeks with not more than seven days between each publication, a notice signed by the returning officer stating
(a) that a copy of the commission's report may be obtained from the returning officer at a place, at times, and in a manner stated in the notice; and
(b) that the commission will sit on a day, not earlier than 15 days after the first publication of the notice, and at a place and time, stated in the notice, to hear any person desiring to make a representation with respect to the commission's report.
On the day and at the place and time stated in the notice, the commission shall sit and hear any person desiring to make a representation with respect to the commission's report.
The returning officer shall
(a) record the proceedings of the hearing in subsection (8);
(b) ensure that the minister receives a copy of that record of the proceedings; and
(c) forward to the minister any recommendations of the commission.
Where boundaries of city altered.
Notwithstanding any other provision of this Act, where the boundaries of the city are altered, the Lieutenant Governor in Council shall alter the boundaries of one or more of the wards and communities to correspond with the altered boundaries of the city.
Subsection 20(4) of the Act is repealed.
Subsection 52(1) of the Act is amended by striking out "and subsection 54(3)".
Subsection 54(3) of the Act is repealed.
Section 55 is amended by striking out
"Subject to subsection (3) of section 54".Clause 56.1(1)(b) of the Act is amended by striking out "subject to subsection 54(3)".
Subsecs. 138(1.1) and (1.2) rep. and sub.
Subsections 138(1.1) and (1.2) of the Act are repealed and the following subsections are substituted therefor:
Offence-engaging in business without licence.
Any person who engages in a business, trade or calling or who does any act or thing for which a licence is required without having the appropriate license commits an offence and is liable
(a) in the case of an individual, to a fine of $1, 000 or to imprisonment for six months, or both; and
(b) in the case of a corporation, to a fine of $5, 000.
The magistrate imposing a penalty upon any person under subsection (1) or (1.1) may, in addition to imposing the penalty, order the person to observe the provision that was breached or to apply for the appropriate licence.
Subsection 144(2) of the Act is amended by inserting the words "or cemetery" immediately after the word "park" in both places where it appears in the subsection.
The Act is amended by adding immediately after section 187 the following sections:
In this section and sections 189 to 195,
"board" means a management board, established pursuant to section 190; ("conseil de direction")
"business" means a business located in a zone and listed on the latest revised taxable business assessment roll and any business located in a zone and licensed for business for the year as provided in section 176; ("entreprise")
"zone" means an area of the city, designated by the council as a business improvement zone established pursuant to section 189; ("zone")
"zone levy" means an extra charge on the business assessment of all businesses located in a zone. ("taxe de zone")
Establishment of a business improvement zone.
Subject to subsections (2), (3) and (4), the council may, by by-law, establish a business improvement zone when a petition signed by 10% of businesses that represent 10% of the total business assessment in the proposed zone is received by the council requesting that an area defined by the petitioners be designated as a zone.
The council shall give notice by mail to each business located in a proposed zone of the petition received under subsection (1) and shall in the notice set a final date for the reception of written objections to the proposed zone.
No zone shall be established if notice of objection to the proposed zone is received by the council by the set date, from one third of the businesses that represent one third of the total business assessment in the proposed zone.
The treasurer shall certify to council whether
(a) the petitioners under subsection (1) constitute 10% of businesses that represent 10% of the total business assessment in the proposed zone;
(b) objectors under subsection (3) constitute one third of the businesses that represent one third of the total business assessment in the proposed zone.
The council shall, in any by-law passed pursuant to section 189,
(a) establish a management board for the zone;
(b) establish the number of members of the board, being not less than three, of which one shall be a member of council
(c) establish the procedure for the nomination by the businesses in the zone of the persons to be appointed by council as members of the board and for filling vacancies;
(d) provide that each person nominated for appointment to the board, other than the member of council, shall be from a business that is located in the zone;
(e) establish the term of office of each board member;
(f) provide guidelines for the conduct of the affairs of the board;
(g) require the board to conduct at least one general budget meeting each year;
(h) establish procedures for the board to submit to the council
(i) the proposed program, zone levy and budget estimates of the board for the next budget year, and
(ii) any request for moneys required to carry out its duties;
(i) establish procedures for the board to follow in mailing notices under subsection 192(2).
Removal from management board.
The council may by resolution remove any member appointed pursuant to subsection (1) and, subject to the provisions of clauses (1)(c) and (d), may appoint another person to replace that member.
The objects of a board are
(a) to beautify, improve and maintain lands of the city in its zone subject to authorization by council; and
(b) to promote its zone as a place for retail and commercial activity.
A board may
(a) conduct or commission any studies and prepare any designs that may be necessary to attain its objects;
(b) recommend the establishment of parking facilities within the zone;
(c) establish the internal management procedures of the board;
(d) do all other things necessary or incidental to the carrying out of its objects.
Prior to the submission for approval to the council of its proposed program, zone levy and budget estimates, the board shall
(a) meet to consider them and receive submissions and representations thereon; and
(b) submit them to the businesses represented at the meeting for approval.
At least two weeks prior to the meeting under subsection (1), the board shall
(a) notify by mail every business located in the zone of the time, date and place of the meeting;
(b) publish in a daily newspaper having a general circulation in the city a notice stating the time, date, agenda and place of the meeting; and
(c) file with council proof of compliance with the procedures prescribed under clause 190(1)(i).
The board may not submit to council its proposed program, zone levy and budget estimates, if they have not been approved by the majority of businesses from the zone that are represented at the budget meeting.
Budget referred to community meeting.
Upon receipt of the board's proposals, the council shall request the committee for the community in which the zone is located to conduct a public meeting to discuss the board's proposed program, zone levy and budget estimates and to provide recommendations to council.
Notice of community committee meeting.
At least two weeks prior to the meeting referred to in subsection (4), the community committee shall publish in a daily newspaper having a general circulation in the city a notice of
(a) the time, date and place of the community committee meeting and the location where the documents and papers referred to in subsection (4) may be viewed; and
(b) the final date for filing with the community committee written objections with reasons from any person who wishes to make representations in respect of the board's proposals.
Council shall not approve the board's proposed program, zone levy and budget estimates, if written notice of objection is received from one third of the businesses in the zone that represent one third of the total business assessment in the zone.
The treasurer shall certify to council whether the objectors under subsection (6) constitute one third of the businesses that represent one third of the total business assessment in the zone.
Subject to subsection (6), council may pass a by-law approving all or part of the board's proposed program, zone levy and budget estimates and, upon that approval, may direct the payment to the board or on behalf of the board of an amount not exceeding the amount approved.
No board shall expend any amount of money that is in excess of the amount approved by council.
The board shall not incur any indebtedness or any other obligation that extends beyond the current fiscal year of the board.
The board may carry over any unexpended funds to its next fiscal year.
Business improvement zone levy.
Council shall levy on each business that is located in a zone, a zone levy at a uniform rate in accordance with the by-law passed under subsection 192(8).
Collection of business improvement zone levy.
A levy imposed under subsection (1) shall be deemed to be and may be collected in the same manner as a business tax.
The board shall, on or before a date specified in a by-law passed pursuant to section 189, prepare for submission to council and all businesses in the zone, an annual report which shall include:
(a) a complete audited statement of the board's affairs;
(b) an audited balance sheet;
(c) an audited revenue and expenditure statement.
All books, documents, records of transactions, minutes and accounts of a board shall at all times be open to inspection by the city auditor.
Subject to section 189, the council may, by by-law, alter the boundaries of a business improvement zone.
Subsection 223(7) of the Act is repealed and the following subsection is substituted therefor:
No assessment where certificate.
Where the tax collector has certified to any person that the taxes on land, a building or a part thereof have been paid, no further assessment shall be made and no additional taxes shall be levied during the year for which the certificate is issued against that land, building or part thereof except with respect to new construction, additions or repairs completed after the certificate was given and except where a change in ownership or use results in a change in liability to tax.
Section 312 of the Act is amended by striking out "officer" and substituting therefor "person".
Section 314 of the Act is amended by striking out "officer" and substituting therefor "person".
Subsection 315(8) of the Act is repealed and the following subsection is substituted therefor:
The council may provide that debenture registry books may be opened, maintained and kept outside of the city by any person and in such event, the treasurer shall, subject to the approval of the auditor, make such provisions for the registration, transfer, exchange, cancellation or destruction of debentures.
Subsection 351(1) of the Act is amended by adding immediately after clause (g), the following clause:
(g.1) "river" includes a stream, creek, canal, drainage ditch, water channel, and any other water course, whether natural or made or improved by man.
Clause 352(1)(f) rep. and sub.
Clause 352(1)(f) of the Act is repealed and the following clause is substituted therefor:
(f) the construction of:
(i) retaining walls, dikes or breakwaters along the banks of rivers,
(ii) works to stabilize the banks of rivers.
Section 377 of the Act is amended by adding, immediately after subsection (2) the following subsection:
Where an improvement is carried out over a period extending beyond December 31 of any year and a part of the improvement is completed and operational by that date the assessment for that part of the work may be made before the remainder of the work is completed and assessed.
Clause 434(1)(f) of the Act is repealed.
Subsec. 434(1.1) rep. and sub.
Subsection 434(1.1) of the Act is repealed and the following subsections are substituted therefor:
Responsibility to maintain boulevards.
Subject to subsection (1.2), the city is responsible for all boulevards in the city and it shall care for and maintain those boulevards or cause those boulevards to be cared for and maintained.
The council may, by by-law, require an owner, the agent, lessee or tenant of the owner to care for and maintain boulevards that abut or flank the land of that owner, or the land which that agent, lessee or tenant occupies.
Where a by-law is passed pursuant to subsection (1.2) and the person made responsible for the care and maintenance of the boulevard fails to perform that responsibility in the opinion of an appointed commissioner, the city may maintain and care for that boulevard and charge the cost related to or arising out of that care and maintenance against the subject land as taxes owing and for the purpose of collecting those costs Part VIII applies.
Boulevards which benefit the city.
A by-law passed pursuant to subsection (1.2) may designate boulevards or portions of boulevards that benefit the city at large and, in respect of those boulevards, the city shall carry out the responsibilities set out in subsection (1.1).
Clause 531(1)(a) of the Act is repealed and the following clause is substituted therefor:
(a) to regulate, control and licence the keeping or harbouring of any animal including
(i) the power to prevent the keeping or harbouring thereof in the whole or any part of the city;
(ii) the power to establish reduced licence fees for the animals owned by persons aged 65 and over.
This Act comes into force on royal assent.