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S.M. 1989-90, c. 10
The City of Winnipeg Act
(Assented to December 22, 1989)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"area municipality" means all cities, towns and municipalities and includes The Metropolitan Corporation of Greater Winnipeg, which, immediately before January 1, 1972, were established, constituted and existed within the boundaries of the city; («municipalité locale»)
"additional zone" means the area established under subsection 4(2); («zone périphérique»)
"bank" includes a credit union; («banque»)
"boulevard" means that portion of a highway, on either side or in the centre thereof, that is adjacent to the travelled portion thereof and is levelled and maintained, for the purpose of improving the appearance of the highway,
(a) by the planting thereon of grass, flowers, trees, or shrubs, or all or any of those things;
(b) by paving or otherwise surfacing it; or
(c) by treating part thereof as stated in clause (a), and part thereof as stated in clause (b);
and by regularly cutting the grass thereon, if any, and trimming, pruning, or otherwise caring for the trees, shrubs, and flowers; («terre-plein»)
"board of revision" means the Board of Revision of the city, appointed under Part III of The Municipal Assessment Act; («Conseil de révision»)
"building" includes any well, pipe line, excavation, cut, fill, transmission line or, an erection or structure, or any part thereof, and also includes an addition to or extension of a building and a chattel that is attached to a structure or land or that is installed therein or thereon; («bâtiment»)
"by-law" means a by-law of the city, or a section, clause or provision of a by-law of the city; («arrêté»)
"citizen" means an inhabitant of the city; («habitant»)
"city" means The City of Winnipeg; («Ville»)
"community" means one of the communities established under section 22; («district»)
"council" means the council of the city; («conseil municipal»)
"councillor" means a member of the council, but does not include the mayor; («conseiller municipal»)
"the Crown" includes both Her Majesty in right of Manitoba and Her Majesty in right of Canada; («la Couronne»)
"declaration" where used of a declaration of office or qualification, means the oath, affirmation or declaration; («déclaration»)
"designated commissioner" means a commissioner, appointed by the council, who is designated by the council to carry out a specific responsibility; («commissaire désigné»)
"designated committee" means a committee designated by the council to carry out a specific responsibility but does not apply to a community committee; («comité désigné»)
"district registrar" means the district registrar for the Winnipeg Land Titles Office; («registraire de district»)
"election" means an election of a member of the council and includes the nomination and also includes a vote on any by-law or referendum submitted by the council to the electors qualified to vote thereon; («élection»)
"elector" means a person entitled to vote at an election of members of the council; («électeur»)
"highway" means any place or way, including any structure forming part thereof, which or any part of which the public is ordinarily entitled or permitted to use for the passage of vehicles or pedestrians, with or without fee or charge therefor, and includes all the space between the boundary lines thereof whether or not used for vehicular or pedestrian traffic; and includes roads, road allowances, streets and other means of communication dedicated to the public use as highways, or opened or made as highways under this Act or any other Act, and any part of a highway as so defined, and includes all underpasses, grade separations, piers and ferries, and the road improvements thereon, dedicated to the public use; but does not include any area designed or intended, and primarily used, for the parking of vehicles and the necessary passageways thereon; («route»)
"in" as applied to a street whether used by itself or as part of the word "therein", includes "on", "under", or "over"; («dans»)
"jurisdiction over" includes possession and control; («compétence sur»)
"land" includes land, messuages, tenements, and hereditaments, corporeal or incorporeal, of every kind and description, whatever the estate or interest therein, whether legal or equitable; and includes a unit specified in a plan to which The Condominium Act applies; but in Part 8 does not include mines and minerals; («bien-fonds»)
"land" and "real property" and "building" in all sections of this Act referring to assessment and taxation includes the interest of a lessee or occupier in the land; («bien-fonds», «bien réel» et «bâtiment»)
"lane" means a street not over 33 feet in width; («ruelle»)
"latest revised assessment roll" means that assessment roll that is the latest that under this Act is held to be finally revised; («dernier rôle d'évaluation révisé»)
"list of electors" means a list of electors prepared under The Local Authorities Election Act; («liste électorale»)
"member" when referring to a member of council, includes the mayor; («membre»)
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; («ministre»)
"occupier" used in relation to Crown or tax exempt land includes any person who is in occupation of the land or who is using the land or who is entitled to occupy or use the land, and whose right is referred to herein as the "interest of the occupier"; («occupant»)
"open" in the sense of "opening" a street, includes not only the opening of a new street but also the extending, widening, diverting, or otherwise altering of an existing street whereby land that was not part of the street is added to it or made part of it; («ouvrir»)
"owner" means a person who is an owner of a freehold estate in the city and includes a person who is an owner jointly with another person, and a person who is registered under The Condominium Act as the owner, as defined in that Act, of a unit under that Act; («propriétaire»)
"park" means an area or grounds set aside and used, or principally used, for the purpose of recreation or sports or both, together with the buildings and other structures and facilities, if any, situated therein or thereon, and includes zoological gardens, botanical gardens and recreational areas together with the buildings and other structures and facilities situated therein or thereon; («parc»)
"pedestrian deck" means a bridge, platform or deck in a street provided for the use of pedestrians as a place of public resort or as a means of public thoroughfare, together with the places and means of access thereto and exit therefrom; («passerelle piétonnière»)
"person" includes firm, partnership, association, corporation or company; («personne»)
"personal estate" and "personal property" include all goods, chattels, shares in companies, dividends from bank stock, money, notes, accounts and debts and other property, except land and real estate; («bien personnel»)
"rate" when used with reference to a rate of taxation means
(a) a percentage of the assessed value of property, or a specified number of mills for each dollar of the assessed value of property, or a percentage of the business rental value of premises; or
(b) a specified amount in dollars or cents, or both, in respect of
(i) each foot of frontage or flankage of designated subdivided lands; or
(ii) each acre or other unit of area of designated unsubdivided land; («taux»)
"real estate" and "real property" each has the same meaning as "land"; («bien réel»)
"real owner" when used in respect of land means
(a) a purchaser of the land under an agreement for sale;
(b) a person who is entitled to become the owner of land at some future date under a trust;
(c) a person on whose behalf the registered owner holds the land as agent; or
(d) any person who is entitled to have the land registered in his or her name; («véritable propriétaire»)
"registered owner" means a person
(a) who is the registered owner of land that is subject to The Real Property Act, as that expression is defined in that Act;
(b) who is the owner of a freehold estate in land that is not subject to The Real Property Act and who is the grantee named in a valid conveyance of the land that is registered under The Registry Act; or
(c) who is registered under The Condominium Act as the owner, as defined in that Act, of a unit under that Act; («propriétaire inscrit»)
"regulation" means regulations or orders made under the authority of this Act; («règlement»)
"resolution" includes any report or part of a report adopted by the council; («résolution»)
"running at large" as applied to an animal, means that it is not under the direct and continuous charge and effective control of a person competent to control it; («errant»)
"sinking fund trustees" means the sinking fund trustees of the city; («fiduciaires du fonds d'amortissement »)
"street" means any public highway, lane, square, subway, bridge, wharf, thoroughfare or way or any part thereof; («rue»)
"tax collector" means the city treasurer or the designate of the city treasurer; («percepteur»)
"works" includes buildings, walls, bridges, trestlework, dams, canals, locks, tunnels, subways, wharfs, piers, ferries, viaducts, aqueducts, embankments of streams, ditches, culverts, drains, sewers, vaults, mines, wells, roads, pavements, sidewalks, pathways, pedestrian decks or tunnels, street railways, the towers, poles, lines, and equipment of transportation or transit systems, harbours, docks, booms, excavations, and fabrics made, built, constructed, erected, extended, enlarged, repaired, improved, formed or excavated by means of, or with the aid of, human skill and human, animal, or mechanical labour. («ouvrages» ou «travaux»)
In reckoning time for the purposes of this Act, holidays, as defined by The Interpretation Act, shall be excluded from the computation when the lime is eight days or any shorter period, and shall be included in the computation when the time is any longer than eight days.
In computing the time from or after the happening of an event within which according to this Act something may or shall be done, or the converse, the day on which the event happened shall be excluded.
Where a vote of a specified proportion of the members "of the council" is referred to in this Act, as distinguished from a vote of the members present at a meeting, the expression "the members of the council" or other expression to the like effect means the number of members required by this Act to constitute a complete council without any vacancies.
By-laws conflicting with statutes
If a by-law passed under this Act conflicts with a statute of the province or any regulation passed thereunder, the by-law is invalid to the extent that it so conflicts, provided that a by-law of the city passed under this Act, imposing duties or obligations that are in addition to, and not inconsistent with, those imposed by another Act, or a regulation passed under the other Act, shall not be regarded as conflicting with the other Act or regulation, and compliance by a person with that Act or regulation shall not excuse the person from compliance with the by-law.
INCORPORATION AND POLITICAL ORGANIZATION
The City of Winnipeg, as constituted on the coming into force of this Act, is continued.
The city comprises the land in the province situated, lying, and being within a boundary line described as follows:
Commencing at the intersection of the centre of the Red River with the production west of the north limit of River Lot 120 of the Parish of St. Pauls; thence east along said production and north limits of Lot 120 in the Inner and Outer Two Miles of the Parish and the production of the north limit to the north limit of Section 16, Township 11, Range 4 East of the Principal Meridian in Manitoba; thence west along the north limit of Section 16, its production and the north limit of Section 17 in the Township and Range to the west limit of Section 17; thence south along the west limit of Section 17 to the south limit thereof; thence east along the south limits of Sections 17, 16 and 15 in the Township and Range and their productions to the west limit of the Greater Winnipeg Floodway; thence south along the west limit of the Floodway to the north limit of Section 35, Township 10, Range 4 East; thence west along the north limit, its production and the north limit of Section 34, Township 10, Range 4 East to the west limit of Section 34; thence south along the west limit and its production to the production east of the south limit of Saint Boniface Road, as the same is shown on a plan registered in the Winnipeg Land Titles Office as No. 433; thence west along the south limit and its production to the east limit of Plessis Road as same is shown on Plan No. 433; thence south along the east limit and its production to the north limit of River Lot 122 of the Parish of St. Boniface; thence east along the north limit to the east limit of River Lot 122; thence south along said east limit and the east limit of River Lot 121 of the Parish to the south limit thereof; thence west along said south limit to the east limit of Plessis Road; thence south along said east limit to the production west of the north limit of fractional Section 8, Township 10, Range 4 East; thence east along said production to the west limit of said fractional Section 8; thence south along said west limit, its production and the west limit of Section 5, Township 10, Range 4 East and its production to the production east of the north limit of Section 31, Township 9, Range 4 East; thence west along said production and north limit of said Section 31 to the north-west limit of the Greater Winnipeg Floodway; thence south-west along said north-west limit of said Floodway to the west limit of said Section 31, Township 9, Range 4 East; thence south along said west limit to the south limit of said Section 31; thence east along said south limit to the production north of the west limit of fractional Section 30, Township 9, Range 4 East; thence south along said production and west limit of Section 30 to the south limit of Lot 180 in the Outer Two Miles of the Parish of St. Norbert; thence west along said south limit to the east limit of the Two Mile Road in the Parish; thence south and east along the east and north limits of the Two Mile Road to the production east of the south limit of River Lot 188 of the Parish of St. Norbert; thence west along said production and south limit of said River Lot 188 and its production to the centre of the Red River; thence north downstream along the centre of said Red River to the production east of the south limit of River Lot 70 of said Parish of St. Norbert; thence west along said production and south limits of Lot 70 in the Inner and Outer Two Miles of said Parish and the production of said Lot in the Outer Two Miles of said Parish to the west limit of the Four Mile Road lying west of and adjoining said Parish of St. Norbert; thence in a general north direction along the west and north limits of said Four Mile Road and the west and south limits of the Four Mile Road lying west of and adjoining the Parish of St. Vital to the south limit of the Four Mile Road lying south of and adjoining the Parish of St. Charles; thence in a general west direction following the south and east limits of the Four Mile Road lying south of and adjoining the Parishes of St. Charles and Headingly to the production south of the east limit of Lot 1 in the Outer Two Miles of the Parish of St. Francois Xavier; thence north along said production and east limit of said Lot 1 in the Inner and Outer Two Miles of said Parish and its production to the centre of the Assiniboine River; thence west upstream along said centre of the Assiniboine River to the production south of the east limit of River Lot 227 of said Parish of St. Francois Xavier; thence north along said production, the east limit of Lot 227 in the Inner and Outer Two Miles of said Parish and the production of said east limit to the north limit of the Four Mile Road lying north of and adjoining said Parish; thence in a general east direction following the north and west limits of the Four Mile Road lying north of and adjoining the Parishes of Headingly, St. Charles and St James to the production north of the west limit of Lot 8 as the same is shown on a plan of subdivision of part of Lot 12 in the Outer Two Miles of the said Parish of St. James registered in the Winnipeg Land Titles Office as No. 450; thence south along said production and west limit to the production west of the south limit of fractional Section 15, Township 11, Range 2 East; thence east along said production and south limit of said fractional Section 15 to the east limit of said Section 15; thence north along the east limit of said fractional Section 15, its production and the east limit of Section 22 in said Township and Range to the north-east limit of the Oak Point Highway as same is shown on a plan filed in said Office as No. 476; thence north-west along said north-east limit to the west limit of the Public Road as the same is shown on a plan deposited in said Office as No. 5323; thence north along said west limit and its productions to the south limit of Section 3, Township 12, Range 2 East; thence east along the productions and south limits of Sections 3, 2 and 1 in said Township and Range and the south limit of Section 6, Township 12, Range 3 East to the west limit of the Four Mile Road lying west of and adjoining the Parish of Kildonan; thence north and east along the west and north limits of said Four Mile Road to the production west of the south limit of Lot 1 in the Outer Two Miles of the Parish of St. Pauls; thence east along said production and the south limit of said Lot 1 in the Outer and Inner Two Miles of said Parish and its production to the centre of the Red River; thence north downstream along the centre of said Red River to the point of commencement.
The zone known as the "additional zone" is continued being the area lying between the boundary of the city and a line described as follows:
Commencing at the intersection of the centre of the Red River with the production west of the north limit of River Lot 60 of the Parish of St. Pauls in Manitoba; thence east along the productions and north limits of River Lot 60 and Lot 60 in the Outer Two Miles of the Parish to the east limit of the Lots in the Outer Two Miles of the Parish; thence south along the east limits of Lots 60 to 64 in the Outer Two Miles of the Parish and the production south of the east limit of Lot 64 to the production west of the north limit of Section 2, Township 12, Range 4 East of the Principal Meridian in Manitoba; thence east along said production and north limits of Sections 2 and 1 in the Township and Range, their productions and north limit of Section 6, its production and the north limit of Section 5, Township 12, Range 5 East to the east limit of Section 5; thence south along said east limit of Section 5, Township 12, Range 5 East and its production to the production west of the north limit of Section 33, Township 11, Range 5 East; thence east along said production, the north limit of Section 33, its production and the north limit of Section 34, Township 11, Range 5 East to the east limit of Section 34; thence south along the east limits and their productions of Sections 34, 27, 22, 15, 10 and 3, Township 11, Range 5 East to the south limit of Section 3; thence west along said south limit of Section 3 to the production north of the east limit of Section 34, Township 10, Range 5 East; thence south along the east limits and their productions of Sections 34, 27, 22, 15, 10 and 3, Township 10, Range 5 East and Sections 34 and 27, Township 9, Range 5 East to the north limit of Section 22, Township 9, Range 5 East; thence west along the north limit of Section 22 and its production to the east limit of fractional Section 21, Township 9, Range 5 East; thence south along said east limit of fractional Section 21 and its production to the north limit of River Lot 59 in the Parish of Lorette; thence west, north and west along the north limits of the River Lots in the Parish to the east limit of River Lot 47 of the Parish; thence south along said east limit of River Lot 47 of the Parish of Lorette to the production east of the most north limit of fractional Section 12, Township 9, Range 4 East; thence west along said production and most north limit of said fractional Section 12, and the north limits of Sections 11, 10, 9, 8 and 7, Township 9, Range 4 East and the productions of said north limits to the south limit of Lot 209 in the Outer Two Miles of the Parish of St. Norbert; thence west along said south limit and its production to the east limit of the River Lots in the Parish; thence south along said east limits to the south limit of River Lot 215 of the Parish; thence west along said south limit of River Lot 215 to the east limit of River Lot 216 of said Parish; thence south along said east limit and its production to the centre of the Red River; thence in a south direction upstream along said centre of the Red River to the production east of the south limit of River Lot 31 of said Parish; thence west along said production and said south limit of River Lot 31 to the south limit of River Lot 35 of said Parish; thence west along said south limit of said River Lot 35 to the west limit of said River Lot 35; thence north along the west limits of the River Lots in said Parish to the production east of the north limit of Section 30, Township 8, Range 3 East; thence west along said production, the north limit of said Section 30, and its production and the north limits of Sections 25, 26, and 27, Township 8, Range 2 East and their productions to the north-east comer of Section 28 in said Township and Range; thence north along the production of the east limit of said Section 28 and the east limit of Section 33 in said Township and Range to the centre of the La Salle River; thence west upstream along the centre of said River to its first intersection with the east limit of Section 30, Township 8, Range 2 East; thence north along said east limit to the north limit of said Section 30; thence west along the north limit of said Section 30, its production and the north limits of Sections 25, 26, 27 and 28, Township 8, Range 1 East and their productions to the north-east corner of Section 29 in said Township and Range; thence north along the production of die east limit of said Section 29, the east limit of Section 32 in said Township and Range, its production and the east limits of Sections 5 and 8, Township 9, Range 1 East and their productions to the north limit of said Section 8; thence west along said north limit of Section 8, its production, the north limit of Section 7 in said Township and Range and its production to the Principal Meridian; thence north along said Principal Meridian to the north limit of the Four Mile Road allowance south of the Parish of St. Francois Xavier; thence east along said north limit to the east limit of Lot 1 in the Outer Two Miles of said Parish; thence north along said east limit of Lot 1 in the Outer and Inner Two Miles of said Parish and its production to the centre of the Assiniboine River; thence west upstream along said centre of the Assiniboine River to the production south of the east limit of River Lot 227 of said Parish; thence north along said production, the east limit of Lot 227 in the Inner and Outer Two Miles of said Parish to the north limits of the Lots in the Outer Two Miles of said Parish; thence west along said north limits to the Principal Meridian; thence north along said Principal Meridian to the north limit of Section 36, Township 12, Range 1 West; thence east along the north limit of Township 12, Ranges 1, 2 and 3 East to the east limit of fractional Section 34, Township 12, Range 3 East; thence south along said east limit to the production west of the south limit of Lot 1 in the Outer Two Miles of the Parish of St Andrews; thence east along said production and south limits of said Lot 1 in the Outer and Inner Two Miles of said Parish and its production to the centre of the Red River; thence north along said centre of the Red River to the point of commencement.
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 on 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 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.
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 a 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.
Publication of commission report
On receipt of the commission's report under subsection 5(4) the minister shall send a copy 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.
Powers of city exercised by council
The powers of the city under this Act shall be exercised by the council.
Members and quorum for council
The council for the city consists of the mayor and such total number of councillors as are elected for the wards referred to in subsection 22(1), and 15 members constitute a quorum for the council.
The mayor shall be elected by the electors of the city.
One councillor shall be elected by the electors of each ward.
The mayor and each councillor shall hold office for a term of three years.
The mayor is the head of the council and the chief officer of the city.
Council shall hold its meetings and transact the business of the city at a place within the city unless, in any particular case, otherwise provided by resolution of the council.
The first meeting of each council shall be held on the first Tuesday in November following the declaration of the result of the latest election of the members of the council, at 8: 00 p. m. and at the place fixed for meetings of the council by by-law of the city or, if no such place is fixed, at the place of the last meeting of the retiring council.
Subsequent meetings of council
Subsequent meetings of each council shall be held on days, and at times and places, that the council, by by-law, decides; but the council may, by resolution, decide to adopt as the days, times and places of its regular meetings the days, times and places that have been fixed by a by-law previously enacted by the council or by a former council.
The council may make rules to regulate its own procedure.
The council shall hold all its meetings openly; but meetings of any committee other than a community committee may be held in camera if the committee so decides.
At all meetings of the council or of a committee of council, the mayor, the deputy mayor or the chairperson or the acting chairperson of a committee shall maintain order and decorum and shall decide questions of order, subject to an appeal to the council or the committee.
Expulsion of disorderly persons
The mayor, the deputy mayor, or the chairperson or the acting chairperson of a committee may expel and exclude, or cause to be expelled and excluded, from any meeting of the council or of the committee any person guilty of improper conduct at the meeting; but, except as in this subsection provided, no person shall be excluded from any meeting of the council, or excluded from a meeting of a committee that is not being held in camera.
Where, at a meeting of the council, no quorum is present at the end of half an hour, the council shall stand adjourned; and the clerk shall enter in the minutes the names of the members present.
Subject to section 18, every member of council present when a question is put, except the mayor or acting mayor, shall vote thereon unless a majority of the council then present excuse the member, or the member is prohibited from doing so by this Act.
Every vote shall be taken by open voting and, if required by any member or by any by-law of the city, shall be recorded in the minutes of the proceedings of council.
Council, subject to subsection 580(3), is bound to receive any petition sent to it and to have it read in council by the clerk, or by a member of the council, or by any elector of the city.
Every person being heard before council or any committee of council may be heard in person or through another person acting on behalf of the person.
Council is not dissolved by reason of any meeting of council not having taken place.
Special meetings of the council may be convened at any time by the mayor, the acting mayor, or by 1/4 of its members, by giving, before the meeting, a reasonable notice of the meeting to all the members of the council.
The notice of a special meeting shall be in writing, shall contain notice of the subject to be taken into consideration, and shall be delivered to the members or mailed to their addresses.
Special meetings of the council shall be held at the ordinary place of meetings of the council at the hour fixed for ordinary meetings unless otherwise determined in the notice of meeting, by an adjournment, or by by-law of the council.
If notice of a special meeting has been given to all members of council who were not present at the meeting in conformity with the requirements of this section, the council shall, before proceeding to business at the meeting, direct that a statement of that fact be set out in the minutes of the meeting.
Where on the opening of a special meeting of council it appears that the notice of the meeting has not been given to all the absent members, no business shall be transacted at the meeting; but the presence of any member of the council shall have the effect of waiving the requirement of notice so far as that member is concerned.
At a special meeting of council no subject or matter other than those mentioned in the notice of the meeting shall be taken into consideration.
Any ordinary or special meeting of council at which a quorum is present may be adjourned by the council to any other hour of the same day or to the next day without giving any notice of the adjournment to members who are not present; but notice of an adjournment other than an adjournment from day to day shall be given to all members of council in the same manner as notice of a special meeting.
Attendance at environment meetings
Where a public meeting, including a meeting to consider an application or appeal in respect of a variance or conditional use is required to be conducted by a committee of council under Part 20 of the Act, the meeting, including any adjournment, may be conducted by any members of the committee forming a quorum from time to time, and members who do not hear all representations at the meeting shall, at the direction of the committee, take steps that the committee considers necessary to inform themselves from the record of the meeting, and may participate in formulation of the committee's recommendations or the making of its order, as the case may be.
Adjournment of environment meetings
Where a public meeting, including a meeting to consider an application or appeal in respect of a variance or conditional use, is required to be conducted by a committee of council under Part 20 of this Act and no quorum is present at the end of one-half an hour or a quorum is lost during the meeting, the public meeting stands adjourned to a date, time and place announced by the clerk of the committee or notified by the clerk in writing to persons who affix their names and addresses to a notice prominently posted for the purpose of ascertaining those present and requiring notice.
Where emergency, a civil disaster, or a state of emergency is proclaimed or declared under any Act of the Legislature or Act of Parliament, or where, in the opinion of the mayor, an emergency exists due to strike, civil disorder, or disaster, real or apprehended, an emergency meeting of the council may be called at any time by the mayor after giving such notice as the mayor considers reasonable under the circumstances.
An emergency meeting need not be held at the ordinary place of meeting of the council.
At an emergency meeting only business that arises out of or is incidental to the emergency shall be transacted.
Procedures for special meetings
Except as in this section otherwise provided, the provisions of this Act and of the by-laws of the city applicable to a special meeting of council apply to any emergency meeting of council.
At the first meeting of each council following its election, the council shall proceed to elect from the councillors a deputy mayor and an acting deputy mayor, and as soon thereafter as practicable, the chairperson of the executive policy committee, the members of the executive policy committee and the standing committees.
The deputy mayor, in the absence of the mayor from any cause, shall act in the place of the mayor in all matters relating to regular, special or emergency meetings of the council, and in all matters requiring the signature of the mayor, and the deputy mayor, in carrying out those duties in the place of the mayor, has all the powers of the mayor.
Absence of mayor and deputy mayor
The acting deputy mayor, in the absence of both the mayor and the deputy mayor from any cause, shall act in the place of the mayor in all matters relating to regular, special or emergency meetings of the council, and in all matters requiring the signature of the mayor, and the acting deputy mayor, in carrying out those duties in the place of the mayor, has all the powers of the mayor.
If at any meeting of the council, the mayor, the deputy mayor and the acting deputy mayor are absent, the council shall elect a presiding officer to preside over that meeting, and the presiding officer, while so acting, has all the powers and duties of the mayor.
Mayor ex officio on committees
The mayor shall be an ex officio member of each committee of the council, except the community committees, but shall not be the chairperson of any committee, including the executive policy committee.
The deputy mayor and the acting deputy mayor shall hold office for the term that the council may fix for each of them.
Where the mayor, deputy mayor, acting deputy mayor or presiding officer presides over a council meeting, he is entitled to cast a vote as a member of council but in the event of a tie vote, the mayor, deputy mayor, acting deputy mayor or presiding officer, as the case may be, has a casting or deciding vote.
Subject to subsection (2),
(a) where a resolution is adopted or passed by a vote of the council, without a notice in writing given at a previous regular meeting of the council; or
(b) where the rules of the council are suspended for the purpose of giving second and third readings to a by-law at any one meeting; or
(c) where, in the opinion of the mayor, there is an error or omission in any by-law or resolution adopted by the council authorizing the expenditure of money; the mayor may, at any time within 48 hours after the resolution or by-law is passed or adopted by the council, suspend the implementation of the resolution or by-law by giving the clerk notice in writing, and the resolution or by-law shall have no force or effect unless the council exercises the power mentioned in subsection (2).
Where the mayor exercises the power mentioned in subsection (1), a majority of the members of the council present loans any subsequent meeting of the council, may remove or overrule the
Each member of council shall be paid an annual indemnity for carrying out the member's responsibilities, including responsibilities as a member of a community committee and the council, in such amount as may be fixed by council and council may provide an additional indemnity to any member of council who has additional responsibilities for which no additional remuneration has been provided in this section.
In addition to the indemnity of councillors referred to in subsection (1), the council may, by by-law, provide additional indemnities to a member of council who has responsibilities as
(a) deputy mayor;
(b) chairperson of the executive policy committee;
(c) an elected member of the executive policy committee;
(d) chairperson of a standing committee; and
(e) a member of a subcommittee.
The mayor of the council shall be paid an annual indemnity fixed by the council but subsections (1) and (2) do not apply to the mayor.
Where council passes a by-law under subsection 21(3), the amount of a councillor's indemnity that is deemed to be for expenses incident to the discharge of a councillor's duties shall also be deemed to be expenses of the mayor incident to the discharge of the mayor's duties.
Council may appoint an independent review board from time to time to review the indemnities paid to members of council, and may pay the costs of the board.
Payment of expenses of councillors
The council may authorize payment of the actual out-of-pocket travelling expenses of any member of the council who is authorized by the council to go on a journey beyond the limits of the city on the business of the city.
No member of the council is entitled to any payment, mileage, or indemnity, except as is provided in this Act.
Amount of indemnity deemed expenses
Where a member of council is, under a by-law of the council, paid an indemnity, up to one-third of the amount shall be deemed to be for expenses incident to the discharge of duties as a member of the council.
COMMUNITIES
The city shall be divided into six communities and each community shall be named by, and consist of the wards designated by, the Lieutenant Governor in Council on the recommendation of the minister
(a) following a report of The Winnipeg Wards Boundaries Commission, or
(b) on the application of council.
For each community established under subsection (1), there shall be a community committee composed of the councillors that represent the wards in the community.
Quorum for community committees
The Lieutenant Governor in Council shall establish a quorum for each community committee.
Notwithstanding subsection (1), the Lieutenant Governor in Council, by order in council, may from time to time change the name of a community on application therefor by the community committee concerned.
A residents' advisory group may be elected at any community conference referred to in subsection 26(1), by the residents of the community who are present, from their number.
The number of members of the residents' advisory group, the manner of their election, the procedure for filling vacancies and augmenting the number of members and the period for which they are to serve, may be determined by the residents present at the community conference during which the group is elected.
Notwithstanding subsection (1), the residents at the community conference, may accept nominations for election to the membership of the residents' advisory group where the nomination is forwarded to the conference in advance, in writing, and the written nomination is received at the place where the community conference is to be held, up to two days prior to the conference.
Election notwithstanding absence
Where a nomination is accepted in advance under subsection (3) that person nominated may be elected as a member of the residents' advisory group at the community conference, notwithstanding the absence of that person from that conference.
Any member of a residents' advisory group may be recalled by the residents present at a community conference for the community at any time.
Role of residents' advisory group
The role of a residents' advisory group is to advise and assist the members of the community committee for the community at whose conference they were elected, as to the performance of their functions under this Act.
Preparation of annual estimates
Subject to the other provisions of this Act, each community committee shall prepare and submit the annual capital and current estimates of the costs of operating the community committee and the expenditures budgeted for libraries, parks and recreation, recreation commission, the St. Boniface Museum Board, or community centres, during the year in respect of which the community committee participates under Part 22, to the executive policy committee.
Duties of community committees
Each community committee shall,
(a) develop and implement techniques to maintain the closest possible communication between the city and the residents of the community, and shall carry out and ensure that those residents are given full opportunity to represent their views on policies, programs, budgets and delivery of services, and the community committee shall communicate the representations that it considers advisable to the council, the committee of the council, or the boards and commissions, as the community committee may determine:
(b) develop and implement techniques to provide the residents of the community with information concerning existing and potential city policies, programs and budgets so as to facilitate residents in discussing and developing views concerning these matters; and
(c) develop and implement techniques to make the fullest and best use of the resident advisory group for the community, in providing advice and assistance to the community committee in the committee's considerations of the Greater Winnipeg development plan, the community plan, the action area plan, zoning changes or proposed plans of subdivision or any amendment, alteration, repeal or replacement or any one or more of them.
Meetings of community committees
Each community committee shall,
(a) at least once a month at a regular time and place, meet to consider the business of the community;
(b) conduct a meeting or meetings to facilitate participation by residents of the community in the preparation of submissions concerning the annual current and capital budgets, including the community committee budget, and make submissions respecting the budgets to the executive policy committee;
(c) conduct a meeting or meetings at least quarterly to consider progress reports on the programs and projects of the city; and
(d) at least one each year, hold a community conference which all residents of the community shall be invited to attend and participate in discussions of city programs, and at one of which shall be presented for discussion, the annual statement of revenues and expenditures of the community committee.
Community committee subcommittees
The council or a community committee may establish subcommittees of a community committee to perform the powers or duties delegated to the community committees by this Act or the council and report the action taken to the appropriate community committee.
Where a community committee establishes a subcommittee of the committee, the council shall approve the terms of reference of each subcommittee established under this section.
A subcommittee of a community committee shall comprise such members of that community committee as the council or the committee which establishes it considers fit and may include one or more residents of the community concerned; but in each case a majority of the members of the subcommittee shall be members of the community committee.
If a subcommittee of a community committee comprises more than one member, at the first meeting, the members shall elect one of them as chairperson.
The council shall make available for inspection or reproduction at a reasonable charge, loans the offices of each community committee, copies of the budgets, statements, reports and other documents referred to in subsection (1).
A majority of the members of the community committee constitutes a quorum for any meeting and all meetings of the community committees are open to the public.
The time, place and a general statement of the matters to be discussed at the community committee meetings referred to in clauses 26(1)(b) and (d) shall be advertised in at least one issue of two newspapers having general circulation in the city or in the community not less than three days or more than 10 days prior to the holding of any such meeting.
Residents of each community shall be notified of the time, place and the general subject of the community committee meetings referred to in clauses 26(1)(a) and (c) by general advertisement conducted in such a manner as to the council seems suitable.
Facilities for community committees
The council shall provide suitable facilities within each community for use by the community committees in discharging their functions under this Act.
Within each community the council shall provide and maintain administration and operating facilities for use by such of the departments and services as the council considers advisable.
The community budgets shall be included in the city's annual current and capital budget, and shall disclose, for each community, the identifiable costs of operating the community committee and the expenditures budgeted for libraries, parks and recreation, recreation commission, the St. Boniface Museum Board, or community centres, during the year in respect of which the community committee participates under Part 22.
Review by community committees
Each community committee shall review the annual capital and current budgets prepared pursuant to clause 49(1)(d) and also the budgets in respect of which the community committees participate during that year under Part 22, for libraries, parks and recreation, recreation commission, the St. Boniface Museum Board, or community centres and shall make recommendations thereon to the executive policy committee.
During any year, a community committee may apply to the council for approval of a supplementary current or capital budget.
Expenditure accounts shall be kept for each community committee.
The expenditure accounts referred to in subsection (1) shall be made available for inspection at any reasonable time at the appropriate community committee offices.
EXECUTIVE POLICY COMMITTEE
There shall be an executive policy committee composed of such number of persons as may be determined by council but including, at all times the chairperson of the executive policy committee, the mayor, and the chairperson of each standing committee established by by-law of the council.
At the first meeting of each council, in each year or as soon thereafter as is practicable and subject to subsection (1), the council shall, from the members of the council, elect the chairperson of the executive policy committee and the members of the executive policy committee.
Subject to subsection (1),
(a) a member of a standing committee who is elected to the executive policy committee ceases to be a member of that standing committee and, subject to section 38, that vacancy to the standing committee may be filled by the council;
(b) a member of a subcommittee who is elected to the executive policy committee shall cease to be a member of that subcommittee; and
(c) a member of the executive policy committee who is elected to a standing committee shall cease to be a member of the executive policy committee.
Where a vacancy in the membership of the executive policy committee occurs, including the position of the chairperson of the executive policy committee, the council shall forthwith elect another member of the council in accordance with this section.
Election of temporary chairperson
In the absence of the chairperson of the executive policy committee the members present at the meeting of the executive policy committee shall elect a chairperson from their membership for that meeting.
Where a tie vole occurs in the executive policy committee, the mayor shall have a casting or deciding vote in addition to his vote as a member of the committee.
Where a tie vote occurs in the executive policy committee on any matter or thing, and the mayor is absent from the meeting, the matter or thing shall not pass or be adopted.
The executive policy committee shall
(a) formulate policies for recommendation to the council;
(b) co-ordinate the implementation of city policies;
(c) recommend to the council the number and the powers and duties of the departments, administrative divisions, and of the board of commissioners for the city; and
(d) recommend to the council the names for appointments of the department heads, commissioners and of the chief commissioner.
Delegation to E. P. C. by council
Subject to section 105 the council may, by by-law, delegate powers or duties to the executive policy committee as it considers fit.
None of the duties of the executive policy committee under subsection (1) is a condition precedent to the exercise by the council of any of its powers under this Act.
No report, order or decision of the executive policy committee, except a report, order or decision that is authorized by a by-law of the council, has any effect unless it is adopted by the council.
Reports from board of commissioners
The executive policy committee shall receive and consider reports and recommendations from the board of commissioners; but in the case of the annual capital and current budgets including the community budgets, the committee shall forward the reports and recommendations of the board of commissioners to the council with or without its own recommendations.
Referral to board of commissioners
The executive policy committee, after receiving the annual capital and current budgets, including the community budgets, the submissions referred to in clause 26(1)(b) and the recommendations referred to in subsection 29(2), shall refer the budgets, submissions and recommendations to the board of commissioners for review under clause 49(1)(e).
Recommendations to be considered
After it receives the evaluation and recommendations of the board of commissioners referred to in clause 49(1)(e), the executive policy committee shall give each community committee an opportunity to be heard in respect of them and shall consider and forward them to council with the executive policy committee's recommendations thereon.
Reference back to commissioners
Notwithstanding subsection (2), the executive policy committee may refer either or both the annual capital and current budgets, including the community budgets, back to the board of commissioners in whole or in part for further consideration and report to the committee, before the executive policy committee forwards it or them to council.
After the passage by council of the annual current budget, the executive policy committee may require from the board of commissioners quarterly or more frequently than quarterly, statements of the city's revenues and expenditures in relation to the current budget and progress reports on the projects included in the budget with relevant explanations.
After the passage by council of the annual capital budget, the executive policy committee may require from the board of commissioners quarterly or more frequently than quarterly progress reports on the projects included in the capital budget.
The executive policy committee shall co-ordinate the work of the standing committees; and
(a) shall receive, and consider, reports and recommendations from the standing committees;
(b) may refer in whole or in part any such reports and recommendations to any of the standing committees and the board of commissioners; and
(c) may forward to council with the executive policy committee's recommendations the whole or any part of any report or recommendation received from a standing committee.
Minutes of proceedings, reports and agenda of the executive policy committee shall be made available to any member of council on request to the chairperson.
STANDING COMMITTEES
Establishment of standing committee
The council may by by-law
(a) establish standing committees; and
(b) subject to section 105, delegate to them or any of them its powers or duties respecting
(i) the examination of any question,
(ii) the management of any business,
(iii) the execution of specified duties, including the conduct of public meetings and inquiries, or any of those powers or duties.
Composition of standing committee
Where the council establishes standing committees
(a) it shall establish the number of members who shall comprise the standing committee and shall name the chairperson; and
(b) subject to section 16 and excepting the mayor and the chairperson of the executive policy committee, it shall appoint each member of the council to a standing committee but shall not appoint a member of the council to more than one standing committee.
In addition to the duties delegated to a standing committee under clause 37(b), each standing committee may advise the council and concurrently the executive policy committee on policies for the city.
No report, order or decision of a standing committee, except such report, order or decision as has been authorized by a by-law of the council, has any effect unless it has been adopted by the council.
Subcommittees of standing committees
The council may establish subcommittees of a standing committee to investigate a question within the responsibility assigned by this Act or the council to the standing committee, make recommendations thereon and report to the committee.
When a subcommittee is established under subsection (1), the council shall designate the standing committee to which it shall report.
Subcommittees of standing committees
A standing committee may establish one or more subcommittees and subsection (1) applies with such modifications as the circumstances require; but the council shall approve the terms of reference of each subcommittee established under this subsection.
A subcommittee may comprise one or more members of council as the council or the standing committee which establishes the subcommittee considers fit.
If a subcommittee comprises more than one member, at the first meeting, the members shall elect one of them as chairperson.
ADMINISTRATIVE ORGANIZATION
In this Act,
"annual current and capital budgets" means the city budgets and the community committee budgets, including both capital and current components; («budget annuel de fonctionnement et budget annuel des immobilisations»)
"appointed commissioner" means a member of the board of commissioners other than the mayor and the chairperson of the executive policy committee; («commissaire»)
"board of commissioners" means The Board of Commissioners of The City of Winnipeg. («Conseil des commissaires»)
Members of board of commissioners
There shall be a board known as The Board of Commissioners of The City of Winnipeg consisting of
(a) the chief commissioner, who is chairperson of the board of commissioners; and
(b) each commissioner appointed to be responsible for an administrative division under this Act.
The mayor and chairperson of the executive policy committee shall also be members of The Board of Commissioners and as such may participate in the deliberations, but are not entitled to vote at a meeting of The Board of Commissioners.
The council shall appoint a commissioner to head up and be responsible for each administrative division established under section 57 and the city may enter into a contract with a person who is, or is to be an appointed commissioner, for such period and on such terms or conditions as the council considers fit.
Interest in contract prohibited
No person having an interest in a contract with the city other than contract referred to in subsection (1), shall be appointed a commissioner and no commissioner shall, during the commissioner's term of office, have an interest, direct or indirect, in such a contract.
Dismissal for interest in contract
If a commissioner knowingly acquires such an interest, the commissioner may be dismissed without notice and without compensation.
No person is disqualified from holding the office of commissioner by reason of being a user or consumer of a utility or service supplied by the city or by reason of any dealing or contract with the city with reference to the city of any utility or service to him.
Appointing substitute commissioner
When a commissioner is incapable, through illness, absence or other reason, of performing the duties of the office, the council may appoint a substitute who during the period of the incapacity or absence, has and may exercise all the powers of the commissioner.
Delegation by council to board
The council may delegate to the board of commissioners any of its duties or powers respecting the administration of the city provided for under this or any other Act.
The board of commissioners may delegate any of its duties or powers, including any duty or power delegated to the board by the council, to any of the commissioners or employees of the city.
Not less than 1/2 of the appointed commissioners including the chief commissioner constitutes a quorum at any meeting of the board of commissioners.
When present at a meeting of the board of commissioners, the chief commissioner shall act as chairperson of the board, and in the absence of the chief commissioner, a commissioner designated by the chief commissioner shall act as chairperson.
The board of commissioners shall meet for the transaction of business when directed by the chairperson of the board.
All decisions and recommendations of the board of commissioners shall be made on the vote of a majority of the appointed commissioners present loans the meeting; but the chief commissioner may vote as a member of the board and in the event of a tie has a casting or deciding vole.
The board of commissioners shall appoint a secretary who shall keep accurate minutes of all formal meetings and proceedings of the board.
The board of commissioners may determine its procedure, not inconsistent with any provision of this Act.
All reports and recommendations from the board of commissioners shall be sent to the executive policy committee.
A commissioner who disagrees with a report or recommendation referred to in subsection (7) may send a minority report or recommendation to the executive policy committee.
Subject to the powers and duties delegated by this Act to specific members of the board of commissioners, or by this Act or the council to the executive policy committee, or a standing committee, the board of commissioners is responsible
(a) for the supervision of all employees and the operation of all departments and services; and
(b) for the implementation of policies and programs.
In addition to any powers and duties delegated under this Act, or delegated to them by the council, the board of commissioners shall
(a) consider and make recommendations to the executive policy committee on policy matters and on all matters concerning the carrying out of the administration of the government of the city;
(b) cause to be carried out and enforced within a reasonable time all orders, resolutions and by-laws of the council;
(c) investigate and report to the executive policy committee and the council in writing from time to time on all matters referred by the executive policy committee or the council, respectively, to it for report;
(d) cause the annual current and capital budgets, including the community budgets, to be prepared;
(e) review and present the annual capital and current budgets including the community budgets, and the recommendations and submissions referred to in subsection 34(1), to the executive policy committee, with its evaluations and recommendations thereon;
(f) submit to the executive policy committee and the council
(i) after the passage of the annual current budget, quarterly or more frequently as the executive policy committee or council may require, statements of the city's revenues and expenditures in relation to such current budget, and progress reports on the projects included in it; and
(ii) after the passage of the annual capital budget, quarterly or more frequently as the executive policy committee or council may require, progress reports on the projects included in such capital budget;
(g) recommend to the executive policy committee for approval the appointment of heads of departments.
The council may, by by-law, amend, alter, repeal or substitute any of the powers and duties of the board of commissioners.
Suspension and dismissal of employee
Subject to the other provisions of this Act and to any collective agreements or contracts made by the city, the board of commissioners may suspend or dismiss any employee except a head or assistant head of a department.
Suspension of senior employees
The board of commissioners may suspend any head or assistant head of a department but the board of commissioners shall report any such suspension to the next regular meeting of council and council shall review the report.
The council may either dismiss or reinstate a head or assistant head of a department suspended by the board of commissioners.
Subject to section 48, specific responsibility for the supervision and operation of an administrative division including each of the departments which comprise that division, shall be assigned by the council to an appointed commissioner, as the council may designate; and the council may prescribe the duties and powers of that appointed commissioner in relation to that division and those departments.
The council may vary the assignment of any responsibility in the delegation of any duty or power under subsection (1), at any time; but the responsibility for each administrative division, including each department which comprises that division, shall always be assigned to one of the appointed commissioners.
Commissioner to attend meetings
The council shall designate an appointed commissioner to attend the meetings of the standing committee designated by the council, and the commissioner shall attend the meetings of that committee and shall advise and provide information to that committee; but (hat committee may excuse or exclude the commissioner from its meetings.
The board of commissioners and each appointed commissioner through the board of commissioners is responsible to the executive policy committee.
The chief commissioner is responsible for the co-ordination and implementation of all policies and programs, and may direct any other appointed commissioner or employee in the performance of the duties and responsibilities assigned to the person by this Act, or by the council, subject to any agreement made by an area municipality before January 1, 1972.
The chief commissioner shall report to the executive policy committee.
Power to transfer responsibilities
Subject to the prior approval of the council, the chief commissioner may transfer responsibility for the supervision and operation of any department or service from any of the appointed commissioners to whom it is assigned by the council, to another appointed commissioner.
Delegation to officer or employee
Any of the powers or duties delegated by the Act or the council to any appointed member of the board of commissioners, may be delegated by that person to any officer or employee of the city.
The council and unless otherwise directed by council, the executive policy committee, a standing committee, a subcommittee of a standing committee or a community committee, may require the attendance of a representative of the board of commissioners or any department, board or commission at a meeting of the council, a committee, subcommittee, board or commission, and the representatives shall provide such information as may be required by the council, committee or subcommittee.
Attendance of chief commissioner
Notwithstanding subsection (1), the chief commissioner shall attend all meetings of the executive policy committee, unless excused or excluded by the committee, and may attend any meeting of a standing committee or a subcommittee of a standing committee, unless excluded by the committee or subcommittee.
The council, shall by by-law
(a) establish administrative divisions of the city; and
(b) designate the departments of the city that shall compose each administrative division.
The council in the by-law passed under subsection (1) shall describe the duties and responsibilities of each department of the city and each administrative division of the city.
Subject as herein otherwise expressly provided, where under this Act, the power, duties and responsibilities, or any one or more of them, of a standing committee, commissioner or department of the city are repealed, altered or substituted, the power, duties and responsibilities of that standing committee, commissioner or department shall continue until the council, by by-law determines otherwise.
A budget bureau, comprised of a director and such other employees of the city as the designated commissioner may direct, is continued.
Responsibility of budget bureau
The budget bureau is responsible to the board of commissioners for determining the form and manner of presentation of the annual estimates of revenues and expenditures of all departments, services, boards and commissions, and the community committees.
Evaluation of annual estimates
The budget bureau shall provide the board of commissioners with an analysis and evaluation in relation to city policies, programs, and management of the annual estimates referred to in subsection (2).
Long term capital work forecasts
The budget bureau shall advise the board of commissioners on the form and manner of presentation of the annual capital and current budgets and long term capital works forecasts.
The budget bureau shall provide the board of commissioners with an analysis and evaluation, in relation to city policies, programs and management, of the annual capital and current budgets.
Appointment and duties of clerk
The council shall appoint a clerk who shall
(a) truly record in a book, without note or comment, all resolutions, decisions and other proceedings of the council;
(b) if required by any councillor present record the name and vote of every councillor voting on any matter submitted; and
(c) keep the books, records and reports acted on by the council, and also the originals or certified copies of all by-laws and of all minutes of the proceedings of the council; all of which the clerk shall keep in the clerk's office, or in the place appointed by the council.
The council shall appoint a deputy clerk who shall perform such duties as the clerk shall require and who in case of a vacancy in the office of clerk, or of the clerk's absence from the city or inability from sickness or other cause to perform duties, shall during the vacancy, absence, or inability, have and exercise all the powers and be subject to all the duties and obligations of the clerk.
The council may appoint an acting deputy clerk and, on the happening of any of the contingencies mentioned in subsection (3), and in the event at the same time of a vacancy in the office of deputy clerk, or of the deputy clerk's absence from the city or inability from sickness or other cause to perform duties, the acting deputy clerk shall, during the time both the clerk and deputy clerk are unable to act, exercise all the powers, and be subject to all the duties and obligations of the clerk.
The council shall appoint a city treasurer who
(a) shall maintain such accounts and statistical records and books of account as shall at all times reflect the true state of affairs in respect of the fiscal affairs of the city and all departments of the city;
(b) is responsible for the collection of all civic revenues and shall see that they are deposited in a chartered bank or other financial institution to be designated by council, and shall pay out monies belonging to the city to such persons and in such manner, as provided in this Act and as directed by council;
(c) is responsible for the payment of accounts due and payable by the city, including the payment of salaries and wages, and if there is a credit balance remaining in the account to which an account due is to be charged, the treasurer shall pay it;
(d) shall be the custodian of all vouchers, agreements, title deeds and other documents, except when the custody of the documents is by by-law placed elsewhere;
(e) shall attend to the placing of such insurance as may be decided on by council on the recommendation of the board of commissioners; and
(f) shall receive and safely keep all monies belonging to the city, and all bonds and debentures issued by the city and undelivered to purchasers or unsold, and shall pay out or deliver them to such persons and in the manner as provided in this Act, and as the by-laws or resolutions of the council direct;
(g) may make accountable advances from time to time for the purposes of the city from its funds, subject to such terms and conditions as council may impose, for the purpose of facilitating the discharge of the functions and responsibilities of the city; and
(h) on or before June 30 in each year, shall submit to the council a report on the financial position of the city at the end of the previous fiscal year including balance sheets, statements of revenue and expenditure for that previous numerical year and other financial statements necessary to provide full and proper disclosure of the financial position of the city.
Appointment of deputy city treasurer
The council shall appoint a deputy city treasurer, who shall perform such duties as the city treasurer shall require, and who, in case of vacancy in the office of the city treasurer, or of the city treasurer's absence from the city or inability from sickness or other cause to perform duties, shall during the vacancy, absence or inability, have and exercise all the powers and be subject to all duties and obligations of the city treasurer.
Mechanical execution of cheques
The council may by by-law authorize the execution of cheques by the use of mechanical means of reproducing thereon, facsimile signatures.
No councillor shall receive any money from the city treasurer for work performed or to be performed except the indemnity and expenses lawfully authorized.
The city treasurer is not liable to any action at law for any monies paid by him in accordance with any by-law or resolution passed by the council, except where another disposition is expressly made of such monies by statute.
Where an approved budget of a project or program has been fully expended, no further expenditure or commitment shall be made which would be chargeable to that project or program until an additional appropriation has been provided by council.
Payments to persons indebted to city
The city treasurer shall not make a disbursement in favour of a person indebted to the city or an assignee of such person except for the balance which may appear to be due to such person over and above the debt due to the city.
The treasurer shall, on or before June 30 in each year, send to the minister financial statements in respect of the last preceding fiscal year of the city, together with a copy of the auditor's report respecting the fiscal year and such statistical and other information, in such form and containing such particulars, as the minister may require.
The council shall appoint an auditor who shall hold office during good behaviour and shall be dismissed only by resolution of council approved by a vote of at least 2/3 of the councillors.
Before entering upon the duties of the office, the auditor shall take an oath or affirmation to perform the duties of the office.
Persons not eligible for appointment
No person who, at the time of the person's appointment or during the immediately preceding year, is or was a councillor, or is or was an official of the city, or has or had, directly or indirectly, alone or with any other person, a share or interest in any contract or employment with or on behalf of the city, except as an auditor, shall be appointed as an auditor.
The auditor shall supervise and is responsible for all matters relating to the conduct of the internal business of the office and of persons employed under him or her.
The auditor may suspend from duty any person employed under the auditor, and shall report the suspension to the board of commissioners and council, and the council may either dismiss, discipline or reinstate the employee.
The auditor may delegate to any person employed under him any duty, act or function that by this Act the auditor is required to do, other than reporting to the board of commissioners and the council.
The auditor has free access at all convenient times to all files, documents and other records relating to the accounts of every department and service and may require and receive from the board of commissioners, officers and employees of the city and any board or commission, information, reports and explanations that the auditor considers necessary for the proper performance of his duties.
The auditor may station in any department, board or commission any person employed under him to enable the auditor more effectively to carry out the duties of the auditor, and the department, board or commission shall provide the necessary office accommodation for any person so stationed.
The auditor shall require every person employed under him who is to examine the accounts of a department, board or commission under this Act to comply with any security requirements applicable to persons employed in that department, board or commission.
The auditor may examine and audit the accounts of any person, institution or agency to which the city makes a financial contribution.
Subject to the approval of council, the auditor, or where approved by council, a representative of the auditor, may examine any person on oath touching any matter which by this Act the auditor is required to check, examine, audit or control; and for the purposes of the examination the auditor, or the representative of the auditor, has all the powers and protection of a commissioner appointed under Part V of The Manitoba Evidence Act.
Without limiting or restricting the responsibility of the members of the board of commissioners, any officer or employee of the city or board or commission charged with the administration of city monies, the auditor shall examine on behalf of the council the accoun(s of the city and the expenditure of money whether held in trust or otherwise.
Accounts in accord with grants
The auditor shall satisfy himself that accounts requisitioned for payment are in accordance with the terms and conditions of the authorization to which the accounts relate.
The auditor shall satisfy himself that accounts have been examined and certified correct by the responsible fiscal official in the department, board or commission concerned.
The auditor shall examine, in any manner that the auditor considers necessary, the accounts of the city and boards and commissions and shall ascertain whether, in the opinion of the auditor,
(a) the accounts have been faithfully and properly kept;
(b) all monies have been fully accounted for, and the rules and procedures applied are sufficient to secure an effective check on the levy, collection and proper allocation of the revenue;
(c) money has been expended for the purposes for which it was appropriated by the council and the expenditures have been properly authorized;
(d) essential records are maintained and the rules and procedures applied are sufficient to safeguard and control city property.
(e) money has been expended with due regard for economy and efficiency; and
(f) satisfactory procedures have been established by the city to measure and report to council on the achievement of the objective set out in clause (e).
Within six months of the end of each fiscal year, the auditor shall make a report to the council respecting the fiscal year,
(a) as to the examination of accounts of receipts and payments of monies;
(b) as to the auditor's examination of the balance sheet and related schedules shown in the accounts of the city and boards and commissions, in which the auditor shall state whether,
(i) they were compared with the books of account and financial records,
(ii) all the information and explanations required by the auditor were obtained, and (iii) in the opinion of the auditor, they are properly drawn up so as to present fairly the financial position of the city;
(c) as to any important change in the extent or character of any examination made by him or her;
(d) setting out cases where money was not expended in accordance with clause 71(e);
(e) setting out cases where satisfactory procedures were not established in accordance with clause 71(f), whether or not the procedures were recommended by the auditor; and
(f) on such matters as the auditor desires to bring to the a((en(ion of the council.
The auditor shall examine and report in accordance with the outcome of his examination on,
(a) the statements of the expenditures and revenues of the city and for each board and commission for the fiscal year; and
(b) the statements of assets and liabilities required to show the financial position of the city and boards and commissions loans the end of their respective fiscal years.
The auditor's report shall state,
(a) whether all the information and explanations required by the auditor have been obtained; and
(b) whether, in the opinion of the auditor, the statements present fairly, on a basis consistent with that of the preceding year, the financial position of the city and the boards and commissions at the end of their respective fiscal years, and the results of their operations for those fiscal years.
The council may, loans any time, direct the auditor (o make an examination and audit of the accounts of any of its departments or boards or commissions in any way receiving, paying or accounting for, city monies and report thereon to the council and the auditor shall forthwith make the examination, audit and report as directed.
The council shall appoint a medical officer of health who shall have the same powers and duties as a medical officer of health under The Public Health Act in addition to any powers and duties under this Act.
Officers and employees generally
The city may engage, employ and pay such other officers and employees as it considers necessary in the exercise and discharge of its powers and duties, and except as otherwise provided in this Act, all officers and employees of the city shall hold their offices at the pleasure of the council or as shall be determined by by-law or resolution or as provided in any collective agreement or contract made by the city.
The city may pass by-laws for establishing, maintaining and regulating a pension plan and group insurance plan for officers and employees of the city and may, in addition to all other rates and assessments for city purposes, levy and assess in every year a special rate sufficient to furnish the amount required during the year for the purpose of establishing and maintaining the funds for the plans and may guarantee the solvency thereof.
The city shall pass by-laws to maintain pension plans in existence in any area municipality before the coming into force of this Act and, subject to the provisions of any agreement under which the pension plan was established, council may make arrangements for alterations in pension programs over which it jurisdiction as, in the opinion of council, will be in the best interests of city employees or any group of its employees.
Monies owing to deceased employee
Money, to the amount of $2,500., in the hands of the city or the Sinking Fund Trustees at the credit of a former employee or pensioner who leaving a surviving spouse, may be paid to the surviving spouse without requiring the issue of letters of administration of the estate of the deceased or grant of probate of the will of the deceased, and a receipt for the money signed by the surviving spouse is a full release and discharge of the city from any further liability in respect thereof.
Where the amount in the hands of the city or the Sinking Fund Trustees at the credit of the former employee or pensioner who has died leaving a surviving spouse exceeds $2, 500., the whole amount shall be paid to the administrator of the estate of the deceased or to the executor of the will of the deceased, and $2, 500. of the amount is free from any claim for debt against the deceased, and this subsection shall be deemed to apply to money at the credit of the deceased employee or pensioner, whether as contributions to the pension, accrued wages or otherwise.
Council may establish by by-law a benefits board to be known as "The Employee Benefits Board", referred to in this section as the "benefits board".
Where the benefits board is established it shall
(a) operate and administer the benefits program for the employees of the city; and
(b) act in accordance with the powers, duties and responsibilities mentioned in this section.
The benefits board shall consist of
(a) the number of representatives elected by the members of the benefits program for the employees of the city that council may, by by-law. determine;
(b) an equal number of representatives appointed by the council; and
(c) the designated commissioner or the designate of that person who shall be a member of the benefits program for employees of the city.
Where the council establishes the benefits board, the by-law shall
(a) provide the method of election of the representatives of the members of the benefits board;
(b) provide the method of appointment of the officers of the benefits board;
(c) fix the terms of the members and officers of the benefits board;
(d) provide rules and regulations governing the proceedings of the benefits board and the conduct of its meeting; and
(e) establish the advisory committees to the benefits board.
The council may establish, by by-law, a committee to be known as "The Employee Benefits Investment Committee" referred to in this section as the "investment committee".
Composition of investment committee
Where the investment committee is established it shall comprise
(a) two persons appointed by the representatives on the benefits board, for such term as may be fixed by the benefits board; and
(b) four persons appointed by the council, at least three of whom shall be chosen for their investment experience and competence and each of the four persons shall be appointed for such term as may be fixed by council.
Responsibility for other plans
The council may, by by-law, authorize the benefits board to accept certain powers and duties in regard to some or all of the other pension plans or group insurance plans the city maintains.
Where a board or committee exists and is administering a plan mentioned in subsection (7) acceptance by the benefits board of any powers or duties under subsection (7) shall be subject to approval of the existing board or committee.
Where no board or committee exists to administer a plan mentioned in subsection (7) acceptance by the benefits board shall be subject to the approval of the council.
The benefits board may charge the plan for the necessary expenses in carrying out its responsibilities.
Powers and duties of benefits board
In respect of the pension plan and group insurance plan it operates and administers, the benefits board shall
(a) establish a separate fund for each pension plan and a separate fund for each group insurance plan, and each fund shall consist of the contributions and payments made into the respective fund, together with such earnings, profits and increments thereto that occur as a result of the investment and reinvestment of contributions and payments;
(b) administer and interpret the intent of each plan consistent with the requirements of the applicable by-law of the city;
(c) recommend to the council the appointment or re-appointment of one or more investment institutions or investment counsellors, each with such power to manage the investment of a fund, or as is specified in the recommendation, or the termination of any such appointment or re-appointment already made, but such a recommendation shall be submitted only when it concurs with a recommendation most recently received from the investment committee;
(d) recommend to the council the appointment of one or more insurance companies to provide all or some of the benefits mentioned in each group insurance plan;
(e) subject to the approval of the board of commissioners
(i) appoint such persons to provide services as the benefits board considers necessary in the performance of its powers, duties and responsibilities; and
(ii) rent premises, purchase supplies and equipment and employ such personnel as are required for the efficient administration of the program;
(f) determine as frequently as necessary the amounts which are available for investment;
(g) allocate the amount of money which in each fund is available for investment or is already invested in accordance with directions it receives from the investment committee;
(h) ensure that each recipient of the money allocated under clause (g) is held in trust for the fund or that the money is credited to the fund;
(i) submit the accounts of each fund at least yearly for examination, checking and audit by the city auditor;
(j) on recommendation of the investment committee, establish accounts for each fund in a bank or other financial institution in Canada;
(k) as soon as possible after January 1 in each year, submit a report to the council which contains audited financial statements for the previous year, including for each fund a balance sheet, a statement of income and expenditures, a statement of changes in each fund and a schedule of the investments of each fund;
(l) keep a complete and accurate set of accounts for each fund and where necessary for a portion of each fund;
(m) ensure that an actuarial report is made on the status of each fund as often as the council may establish by by-law and at such other times as the benefits board may consider advisable;
(n) make all disbursements and allocations from each fund by cheque or authorization signed as the benefits board may by resolution determine from time to time; and
(o) allocate to each fund on an equitable basis all costs and expenses of the benefits board in the operation and administration of the funds including any remuneration paid to the members of the benefits board and the investment committee as determined by the benefits board and the amounts so allocated shall be paid from each respective fund.
Where the benefits board has recommended that an appointment be made to the benefits board by the council, that appointment shall be made only if the council concurs with the recommendation made by the benefits board.
Establishment of benefits boards
The council may establish, by by-law, other benefits boards for any pension plans and group insurance plans which the benefits board does not operate and administer and those other benefits boards may be given some or all of the powers, duties and responsibilities conferred on the benefits board this section.
Where the council establishes other benefits boards under subsection (13), it shall, by by-law, determine the composition of and the procedures applicable to the benefits boards.
Duties of investment committee
In respect of the funds established as a result of the pension plan and group insurance plan which are being operated and administered by the benefits board, the investment committee shall
(a) recommend to the benefits board the bank or other financial institution in Canada in which the accounts of each fund are to be established or re-established;
(b) recommend to the benefits board the appointment or re-appointment of one or more investment institutions or investment counsellors to manage the investments of each fund or portion thereof and specify the terms and conditions to apply in each case;
(c) recommend to the benefits board termination of the appointment or re-appointment of any investment institution or investment counsellor;
(d) direct the benefits board to allocate the amounts which may become available for investment or are already invested between the investment institutions and the investment counsellors appointed by the council in such proportions as may be determined by the investment committee; and
(e) establish and review regularly the investment policy for each fund and the performance of each organization which is managing the investments of that fund or portion thereof.
Duties of an investment committee
The council, may, by by-law, authorize the investment committee to accept the duties mentioned in subsection (15) for some or all of the other pension plans or group insurance plans which the city maintains but which are not operated and administered by the benefits board.
Where a board or committee exists and is administering a plan mentioned in subsection (16) acceptance by the investment committee of the duties mentioned in subsection (16) shall be subject to the approval of that board or committee.
Where no board or committee exists to operate and administer a plan mentioned in subsection (16) acceptance by the investment committee shall be subject to the approval of the council.
Each fund operated or administered by the benefits board or other benefits boards established hereunder shall be invested in such investments as are permitted by both the by-law applicable to the fund and The Pension Benefits Act and the regulations thereunder and the securities issued by The Manitoba Hospital Capital Financing Authority established under The Hospital Capital Financing Authority Act but in no other securities or investments.
Some or all of the funds being operated or administered by the benefits board or other benefits boards established hereunder may be combined for investment purposes if
(a) the council, by by-law, authorizes this combination;
(b) the permitted investments are the same in each fund being combined;
(c) the investment committee has the same duties with respect to each such fund as it has with those other funds; and
(d) accounts are maintained which show each fund's share of the combined fund.
A by-law enacted under subsection (1) may provide for the admission of the employees of
(a) Winnipeg Enterprises Corporation;
(b) The Convention Centre Corporation;
(c) The Sinking Fund Trustees of the City of Winnipeg;
(d) The Winnipeg Ambulance Commission established under subsection 525(5);
(e) the St. Boniface Museum Board; and
(f) the Transcona Historical Museum; on such terms and conditions as may be recommended by the benefits board, into the benefits program for the employees of the city, and the city may for that purpose enter into agreements with any of those bodies.
The council is deemed always to have had the powers contained in both subsection 77(1) and in this section.
Subject to The Garnishment Act, the right of a retired employee of the city or the retired employee of any board or commission or of a retired member of the police department, to receive payments out of a pension fund heretofore or hereafter created by the city, or out of the police pension fund shall not be capable, and no money payable to a person under the city's pension scheme or out of any such fund, or as advance by way of gratuity, whether made in periodic payments or otherwise, shall be capable of being assigned, charged or anticipated or given as security or of being seized, attached or levied upon by or under the process of any court.
City may reject power of attorney
The city may in its discretion refuse to recognize any power of attorney granted by a person with reference to any right, money or payment to which reference is made in subsection (1).
Declaration by certain officers
Every councillor and every officer appointed by the council and every constable appointed under this Act shall, before entering the duties of office, make a statutory declaration to the following effect;
I, A. B., do solemnly promise and declare that I will truly, faithfully, and impartially, to the best of my knowledge and ability, execute the office of (insert the name of the office) to which I have been elected (or appointed) in the city, and that I have not received and will not receive any payment or reward, or promise thereof for the execution of any partiality or corruption or other undue execution of the office.
The clerk shall, at any time when the offices of the city are open for the transaction of business, on the demand of any person, produce to the person and permit the person to examine
(a) the latest assessment roll;
(b) the latest tax roll;
(c) the latest list of electors;
(d) any monthly financial statement for the then current year prepared by the treasurer;
(e) any report of the auditor;
(f) the minutes of any council meeting or of any open committee meeting;
(g) all attachments to the minutes of any council meeting and open committee meetings;
(h) any by-law of the city or resolution of the council; and
(i) the agenda of any open committee meeting.
Inspection of records by any person
Without limiting the generality of subsection (1), but subject to the provisions of The Local Authorities Election Act, any person may inspect lists of electors, poll books and other documents pertaining to an election in the possession of or under the control of the clerk, at all reasonable times, and the clerk shall within reasonable time furnish copies to any applicant at a charge to be determined by council.
The clerk shall, on payment of the proper fee, furnish within reasonable time to any elector of the city, or any other person interested in any by-law, order or resolution, a copy of the by-law, order or resolution certified under the hand of the clerk, and under the corporate seal of the city.
With the approval of the council, as shown by a resolution, the clerk shall produce for the examination of any person, on demand, as provided in subsection (1), any other record or document of the city in the possession of, or under the control of, the clerk.
Nothing in this section restricts the city from producing or allowing the inspection or examination of any other documents or records in its possession.
OFFICIAL LANGUAGES OF CANADA
In this Part "Historic St. Boniface" means that part of the St. Boniface-St. Vital Community described as Tache Ward in Order in Council 656/71.
Persons who are able to communicate in the two official languages of Canada, English and French, shall be available at the city's central offices so that residents and visitors may communicate with city employees or may be received in the English or French languages.
Major information signs in the city's central offices shall be in both the English and French languages.
In order that residents of the St. Boniface-St. Vital community may communicate in either of the two official languages of Canada, English or French, with city employees concerning the work of any department or the delivery of any service, there shall be available during any ordinary business hours at the St. Boniface-St. Vital community committee office referred to in subsection 28(2), employees able to communicate in either English or French.
If any service referred to in subsection (1) is not available in the St. Boniface-St. Vital community but is being provided to residents of the St. Boniface-St. Vital community from any other community area, the requirement for availability of the French language shall apply to the other community facility as set out in section 83.
All notices, bills or statements sent or demands made to any of the residents of that part of the St. Boniface-St. Vital community described under the ward names Winakwa, Norwood, Tache and Langevin in Order in Council 656/71 in connection with the delivery of any service, or the payment of a tax, shall be written in English and in French.
All city street and traffic signs in that part of the St. Boniface-St. Vital community described under the ward names Winakwa, Norwood, Tache and Langevin in Order in Council 656/71 shall be in English and in French.
Offices in Historic St. Boniface
In the event the community committee office in Historic St. Boniface is moved out of Historic St. Boniface or is disestablished the council shall continue an office located in Historic St. Boniface, staffed by employees fluent in French and English
(a) to handle inquiries made in either the French or the English language respecting assessments, by-laws, licences, regulations and other services', (b) to accept the payment on account of business taxes, licence fees, property taxes, water and waste billings, and similar payments due to the city;
(c) to translate into French public notices that under this section are required to be issued bilingually in the St. Boniface-St. Vital community;
(d) to translate into English any correspondence that is received in French;
(e) to conduct any other business that the City Clerk and the City Treasurer may assign to them; and
(f) to provide other services which the council considers advisable.
The city may make available at its central offices or any other city office or department, persons who can communicate in languages other than the official languages of Canada.
ELECTIONS
The election of the members of council shall be held on the fourth Wednesday of October, 1989, and in each third year thereafter; and the members so elected shall take office, and the council shall be constituted, on the first Tuesday next following the declaration by the reluming officer of the result of the election of members of the council.
The term of office of members of the council shall be three years and each member of the council shall hold office from the date the member takes office until the beginning of the first Tuesday in November following the declaration by the returning officer of the result of the election of members of the next council elected thereafter.
Local Authorities Election Act
The provisions of The Local Authorities Election Act apply to the city.
The ballot paper shall be in the form set out in Form 21 (First Paper) of The Local Authorities Election Act.
Nominations shall be filed with the returning officer not later than the first Wednesday in October of the year in which an election is to be held.
Time for receiving nominations
The returning officer shall receive nominations before 2: 00 p. m. of the day on which nominations are required to be filed.
Each nomination shall be made as required under The Local Authorities Election Act.
Declaration to accompany nomination
Every nomination paper shall include, or be accompanied by, a statutory declaration in the form prescribed in The Local Authorities Election Act, signed by the candidate and declared before a person authorized to administer a declaration under The Manitoba Evidence Act or The Local Authorities Election Act.
The returning officer shall reject a nomination paper that is not in compliance with subsection (4).
The following persons and no others are eligible to be nominated for election or to be elected as members of the council; namely any person who is
(a) a Canadian citizen;
(b) of the full age of 18 years;
(c) an elector;
(d) a resident who has resided in the city, for a period of six months immediately before being nominated; and is not subject to any disqualification under this Act.
None of the following persons is qualified to be nominated for election to, or to be, or remain a member of, the council:
(a) a judge of the Court of Queen's Bench or The Court of Appeal;
(b) a provincial judge, magistrate or justice of the peace;
(c) a member of the council of another municipality;
(d) a member of the Senate or House of Commons of the Parliament of Canada;
(e) a person who, having been convicted of an offence under a provision of this Act, or any other Act, has not paid any fine imposed for commission of the offence.
(f) a person who, after nomination, ceases to be, or to be deemed to be, a resident of the city.
Election to two offices invalid
If a person has been nominated in an election for election as the mayor, the person may not be nominated in that election for election as a councillor and, if a person is nominated in an election for election as councillor in a ward, the person may not be nominated in that election as mayor or as councillor in another ward.
Election of M. L. A. to council
If a member of the Legislative Assembly is elected as a member of the council, the member forfeits the seat in the assembly and is disqualified from sitting and voting in the assembly.
Election of councillor as M. L. A.
If a member of the council is elected to the Legislative Assembly, the member forfeits the seat on the council and is disqualified from sitting on and voting in the council.
If a member of the Legislative Assembly is elected as mayor, the member forfeits the seat in the assembly and is disqualified from sitting and voting in the assembly.
If elected to the Legislative Assembly, the mayor forfeits the position of mayor.
A member of the council who, personally or by, with or through another person, is counsel or solicitor in the prosecution of any claim, action or proceeding against the city or in opposing or defending any claim, action or proceeding by the city, shall thereby forfeit the seat on council.
In this section and in section 93, "city" includes any board, commission, association or other body, whether incorporated or unincorporated, all the members of which, or all the members of the board of management or board of directors of which, are appointed by by-law or resolution of the council.
Rights of employees in elections
Subject to subsection (3), a person employed by the city may, if otherwise qualified,
(a) seek nomination as or be a candidate or support a candidate or political party in a municipal, provincial or federal election, and, if elected, serve as an elected representative on the council of a municipality, in the Legislative Assembly or the House of Commons; and
(b) speak or write on behalf of a candidate or a political party in any election, if in doing so the person does not reveal any information or matter concerning the department, branch or agency in which the person is employed or any information that the person has procured or which conies to the knowledge of the person solely by virtue of the employment or position.
Subsection (2) does not apply to commissioners and such other classes or groups of employees of the city as may be designated or set out in a by-law.
An employee of the city who proposes to become a candidate for election as a member of council shall apply to the employee's supervisor for a leave of absence for a period commencing on the day on which the writ for the election is issued and ending
(a) where the person is nominated as a candidate, not later than 90 days after the day on which the results of the election are officially declared; and
(b) where the person is not nominated as a candidate, not earlier than the day fixed by law for the nomination of candidates in the election; and every such application shall be granted.
Leave of absence for candidacy
An employee of the city who proposes to be a candidate for election as a member of the Legislative Assembly or the House of Commons may apply to the employee's supervisor for leave of absence for a period commencing on the day on which the writ for the election is issued and ending
(a) where the person is nominated as a candidate, not later than 90 days after the day on which the results of the election are officially declared; and
(b) where the person is not nominated as a candidate, not earlier than the day fixed by law for the nomination of candidates in the election; and every such application shall be granted.
Leave of absence granted under subsection (4) or (5) shall
(a) where the employee is entitled to vacation leave with pay and the employee requests that the leave be granted as vacation leave with pay, be granted as vacation leave with pay until the vacation leave with pay has expired and thereafter be granted as leave without pay; or
(b) otherwise, be granted as leave without pay.
An employee of the city who is elected as a member of council shall be placed on leave of absence without pay for a period commencing on the date of the election and ending on the earlier of
(a) the expiry of six years and three months after the day of election; or
(b) three months after the employee ceases, for any reason, to be a member of council.
An employee of the city who is elected to the Legislative Assembly or the House of Commons may apply to the city for a leave of absence without pay for a period commencing on the day of the election and ending on the earlier of
(a) the expiry of five years and four months after the day of the election; or
(b) three months after the employee ceases for any reason to be a member of the Legislative Assembly or of the House of Commons, as the case may be; and every such application shall be granted.
Reinstating unsuccessful candidate
Where a person who has been granted leave of absence under subsection (4) or (5) is not elected at the election in respect of which the leave of absence was granted and, before the expiry of the leave of absence, the person applies to the city, the person shall be reinstated to the position held immediately before the leave of absence.
Reinstating successful candidate
A person who has been placed on or granted leave of absence under subsection (7) or (8) may, before the expiry of the leave of absence, apply to the city to be reinstated and, as long as the person is not a member of council, the person shall, within 60 days, be reinstated to the position that was held immediately before the date the leave of absence was granted, or to a reasonably equivalent position.
Rights during leave of absence
Where a person is placed on or granted leave of absence under this section,
(a) the period of service before the leave of absence began and the period of service after the leave of absence ends shall be deemed to be unbroken for all purposes; and
(b) the period of the leave of absence shall for the purposes only of determining the seniority of the person in the employment with the city in relation to other persons in that employment be deemed to be a period of service in the employment of the city; but all other rights of the person to any fringe benefits to which employees of the city are entitled during the period of leave of absence shall be determined in accordance with the terms of the collective agreement, or other agreement, or a policy of the city under which the fringe benefits are provided and the period of the leave of absence shall be treated, for the purposes of qualification for any fringe benefit provided under a collective agreement, or other agreement, or a policy of the city in accordance with that collective agreement or other agreement or the policy.
Coercion or intimidation prohibited
No person who is in a supervisory capacity over an employee of the city, or who is authorized to employ, promote or reclassify a person in the employment of the city, shall coerce or intimidate the employee or person into supporting or not supporting a candidate or political party.
Unauthorized expenditure an offence
Any member of the council who
(a) expends or authorizes the expenditure of any monies of the city without having first been empowered so to do by by-law or resolution of the council passed under the authority of an Act of the Legislature; or
(b) accepts, or votes in favour of paying to any person, including a member of the council, any amount not authorized by this Act or any other Act, or any amount for any purpose greater than is permitted by this Act or any other Act; is guilty of an offence, and for each such offence is liable to a fine of not more than $500. and, in default of payment, to imprisonment for not more than six months.
A member of council who commits an offence under subsection (1) is, in addition to any penalty the member may incur under that subsection, liable to the city for the full amount of the expenditure or payment in a civil action instituted against the member by the city or by any elector on behalf of, and for the benefit of, the city.
Clause (1)(a) does not apply
(a) to any case where the expenditure of an amount not exceeding $1, 000. is necessary and urgent
(i) to repair any public work of the city; or (ii) for aiding any person in need within the city; or
(b) to any expenditure made in respect of a civil disaster where, under The Emergency Measures Act, a proclamation has issued proclaiming that a stale of civil disaster exists in an area that comprises or includes the city or that part of the city in respect of which the expenditure is made.
An expenditure shall not be made in a case to which subsection (3) applies, unless, before the expenditure is made, the head of the council authorizes the expenditure.
Disqualification on court matters
Any person convicted under section 94 of this Act or convicted of municipal corruption under the Criminal Code (Canada), or against whom a judgment is obtained in a civil action instituted under section 94, from the dale of the conviction, or of the judgment against the person in a civil action, forfeits his seat on the council, and is disqualified from holding any municipal office or voting at a municipal election for a period of three years from the date of the conviction or judgment.
Disqualification on election offence
Any candidate elected who, on the trial of an election petition, is found guilty by the judge of an election offence is ineligible as a candidate at any election for three years thereafter.
The returning officer may divide any ward into polling subdivisions, and a list of electors for each such polling subdivision shall be prepared in accordance with The Local Authorities Election Act.
No person elected as a member of council shall be permitted to enter upon duties as a member of council until he
(a) makes and subscribes the declaration of qualification in Form 2 of The Municipal Act; and
(b) thereafter makes and subscribes a statutory declaration to the like effect as the form set out in section 80.
Deposit of declaration with clerk
Every person who makes the declarations mentioned in subsection (1) shall deposit them with the Clerk of the Council.
Where, after the election of a person as member of council, the person
(a) is convicted of an indictable offence, on conviction of which a person is liable to imprisonment for five years; or
(b) fails to attend three consecutive regular meetings of the council without being authorized so to do by resolution of the council entered in its minutes; or
(c) becomes, under this Act or The Municipal Council Conflict of Interest Act, disqualified for election as, or from being or remaining, a member of council; the person thereby forfeits the seat on the council.
Disclaimer on forfeiture of seat
Where a member of the council forfeits the seat on the council or the member's right to the seat, or becomes disqualified to hold the seat, the member shall forthwith vacate the seat by disclaimer.
Where a person to whom subsection (1) applies fails to comply with that subsection at any time after his or her election, proceedings to unseat the person may be taken by an election petition presented to a judge at any time during the term for which the person is elected, after the date of the alleged disqualification or forfeiture.
Any member of council may resign his or her seat as a member.
A resignation by a member of council shall be in writing, dated, and signed by the member; and shall be delivered to the clerk.
A resignation under subsection (1) takes effect from the time of its receipt by the clerk unless a later effective date is specified in the resignation.
Subject to section 101, proceedings to fill a vacancy caused by a resignation shall be taken at the same time as the proceedings for the election then next ensuing.
Subject to subsection (2), where
(a) a person elected as a member of council neglects or refuses to accept office or to make any declaration required under this Act or The Municipal Council Conflict of Interest Act within the time allowed for making the declaration; or
(b) a vacancy occurs in the council caused by resignation of one of the members of council, by death, by judicial decision or otherwise; the mayor, or, in the case of the absence of the mayor, the deputy mayor, or in the absence of the deputy mayor, the clerk, or, in the case of the absence or a vacancy in the office of the clerk, one of the members of the council, shall, forthwith by warrant, under the signature of the mayor, deputy mayor, clerk, or member, require the returning officer to hold a new election to fill the place of the person so neglecting or refusing to fill the vacancy.
Where the office of mayor or a councillor of the city becomes vacant within 12 months of the expiration of the term of office of the mayor or councillor, the council may resolve not to hold an election to fill the vacancy for the balance of the term of office.
Where the office of mayor of the city becomes vacant and the council resolves not to hold an election to fill the vacancy, the council shall appoint one of their number to fill the vacancy and that person shall hold office as mayor during the balance of the term.
The new election shall be held not later than six weeks after the issue of the warrant, and the returning officer shall appoint a day and a place for the nomination of candidates; and a day on which the election shall be held; and the election shall, in respect to notices and other matters, be conducted in the same manner as the regular elections of the city.
JURISDICTION, GENERAL POWERS AND BY-LAWS
Council shall be deemed as always continuing and existing notwithstanding any election of its members in each third year or other election; and on and after any such election, and having been organized and held its first meeting, every council may take up and carry on to completion all by-laws, reports, and proceedings begun, or under consideration, by the council prior thereto, and it is not necessary to begin anew with any by-law, proceeding, report, matter or thing, entertained by the council prior thereto.
Without restricting the authority of the council to consider resolutions on any subject or matter, the powers of the city may be exercised either by by-law or by resolution of the council, except where, by this Act or any other Act of the Legislature or by a general by-law of the city regulating the proceedings of the council, a power is specifically required to be exercised by by-law.
Notwithstanding anything contained in this Act the council shall not delegate any of its powers or duties which by this Act it is required to enact, approve or authorize by by-law, and it shall not delegate its powers or duties to approve the annual capital and current budget, the annual estimates, or to appoint department heads, commissioners, or the chief commissioner.
Subject as herein otherwise provided, the city may exercise the powers and discharge the duties conferred or charged upon it under this Act and may enter into any contract or agreement necessary to enable it to exercise its powers or discharge its duties under this Act and in general shall have all the rights and be subject to all the liabilities of a corporation and, without restricting the generality of the foregoing,
(a) it may acquire in any manner, and hold and alienate, both real and personal property for the purposes for which the municipality is constituted;
(b) by its name, it and its successors have perpetual succession;
(c) it may sue and be sued, implead and be impleaded, answer and be answered unto, in all courts and in all actions, causes, proceedings, and suits whatsoever;
(d) it shall have a common seal and may alter or change its seal at its pleasure;
(e) it may contract and be contracted with its corporate name, and may become a party to any contract or agreement in the management of its business;
(f) it may enter into any contract or agreement with any person for the purpose of the development of land and the provision of municipal services;
(g) it may enter into an agreement with any other municipality or with any other person or with both a municipality and a person, for the doing jointly with that municipality or person of any act or thing that it has power to do within the city;
(h) it may enter into an agreement with
(i) the government or any agency of the government; or
(ii) a school district, school division, or school area, under which the city undertakes to perform any work or function, or provide any service, or to use or allow the use of any building or facility on terms and conditions set out in the agreement;
(i) it may enter into an agreement with any school district, school division or school area for the joint construction, ownership, operation, use, and maintenance of any public work or building;
(j) it may construct any works and charge the costs of such construction either to the city at large or as a local improvement as provided in Part 10.
Where under this Act power is expressly given to the city or to the council to do, or enforce the doing, of any act or thing
(a) all such powers shall be deemed also to be given as are necessary to enable the city or the council to do, or enforce the doing, of the act or thing; and
(b) if the doing by the city or council of any such act expressly authorized is dependent on the doing of any act not expressly authorized, the city or the council, as the case may be, has the power to do the other act.
Execution of agreements of documents
The city may pass by-laws providing for the manner of or the necessity for the execution of any document, instrument or agreement by the city or by any person acting on behalf of the city and, unless otherwise specifically provided by this or any other Act of the Legislature, any document, instrument or agreement executed in the manner provided in the by-law is properly executed by the city.
Signing of documents where no by-law
Until a by-law under subsection (1) is in effect, the mayor, together with the clerk, shall sign all agreements entered into by the city and, unless otherwise provided in this Act, all documents and by-laws required to be executed by the city.
The jurisdiction of council is confined to the area the council represents, except where authority beyond its boundary is expressly given by this Act or any other Act.
No proceeding, act, matter, or thing, done or purporting to be done under this Act, is invalid on account of any formal defect or omission.
Where, under this Act or any other Act, council is authorized or required to do any act or thing, or is authorized or required to pass a by-law for any purpose, the council, subject as herein provided, may expend from its general fund such monies as are necessary to do the act or thing or to carry out the purpose of, or give effect to, the by-law unless other specific provision is herein made for the required expenditure.
Membership in municipal associations
The city may apply for membership in
(a) Union of Manitoba Municipalities;
(b) Manitoba Association of Urban Municipalities;
(c) The Canadian Federation of Mayors and Municipalities; and
(d) such other organizations that in the opinion of the council it is in the interests of the city to belong.
The council may provide for comprehensive insurance to protect the city against loss through damage to the real or personal property, or both, of the city by reason of fire or any other cause; and may provide insurance against claims for loss or damage for which the city may become liable.
Power of solicitor to settle claims
The council may, subject to such conditions as it may prescribe, delegate to its solicitor, or other employee of the city, the authority to settle any claim, or any specified kind of claim, against the city.
Where the city employs a barrister-at-law or a solicitor whose remuneration is wholly or partly by salary, annual or otherwise, the city may recover and collect lawful costs in all suits and proceedings in the same manner as if the barrister-at-law or solicitor were not receiving such a salary, whether or not the costs are, by the terms of the employment, payable to the barrister-at-law or solicitor as remuneration in addition to salary.
Where power is given to the city under this or any other Act to perform services or sell goods or lands, it shall be deemed to have, and always to have had the same right as a private individual to take security for any debt owing to it and arising out of matters transacted in the exercise of the power.
Property in settlement of debts
The city may acquire, hold, and dispose of, real or personal property offered or transferred to it in partial or complete settlement or payment of, or as security for, any lien or charge, or any right to a lien or charge, on any property, or any other indebtedness owing to the city.
Where council has power to make appointments to any board, commission or other body, the council may, and shall be deemed always to have had the power to make those appointments, and for each councillor or other person so appointed, to appoint a substitute or substitutes to act in the place and stead of the person in the event of his absence from the board, commission or other body due to his sickness or absence from the city.
Notices in Gazette not required
Unless herein specifically directed, it is not necessary to publish in The Manitoba Gazette notices or advertisements required or allowed by this Act.
The council may, by by-law, provide for taking a census of the inhabitants of the city, or of any part of the city, designated in the by-law.
The council may submit any question, within or without the powers of the council, to an expression of opinion of the electors or resident electors of the whole or any part of the city but the result of the expression of opinion is not binding on the council, and the council shall make such expenditures as it considers necessary and advisable for the purposes of holding the vote and for providing information to the electors or resident electors on the question that is submitted to an expression of opinion and the information provided may be favourable or unfavourable, or partly favourable and partly unfavourable, to the question to be submitted to the expression of opinion.
No lands, personal property, or other assets of the city are liable to execution, attachment, or garnishment, or to sale under a certificate of judgment.
The council may enact by-laws respecting the granting of permits to authorize the doing of any act that is within the jurisdiction of the council, the forms of permits, the issue and the signing of permits, applications for permits and the form of application, and the fees for permits, and respecting all other matters relating to the issue of permits for which it is necessary to make provision.
Subject to section 124, from the Consolidated Fund, with monies authorized by an Act of the Legislature to be so paid and applied, the Minister of Finance may, on the order of the Lieutenant Governor in Council, make grants to the city for any purpose stated in the order, of such amounts as may be fixed in the order up to a maximum of the total amount so authorized.
A grant shall not be made under section 123
(a) in aid of the conservation of a building listed on the buildings' conservation list; or
(b) as a contribution toward the cost of purchasing a building listed on the buildings' conservation list; unless, before the building being listed on the buildings' conservation list, the Lieutenant Governor in Council approves the listing and, in the case of a grant toward the purchase of a building before the execution of an agreement to purchase it, the Lieutenant Governor in Council approves the purchase.
A by-law shall be under the seal of the city, and shall be signed by the mayor or by the deputy mayor or other officer presiding at the meeting of the council at which the by-law is passed and by the clerk of the city.
A copy of
(a) a by-law, resolution, record, book or document, written or printed, without erasure or interlineation; or
(b) a contract executed by the city or other document in the possession of the clerk of the city; under the seal of the city and purporting to be certified by the clerk to be a true copy, shall be deemed authentic and may be filed and used in a court in lieu of the original, and shall be received in evidence without proof of the seal or of the signature or official character of the person appearing to have signed it, and without further proof, unless the court otherwise directs.
Printed documents purporting to be primed copies of by-laws passed by council, and purporting to be printed by authority of the council, shall be admitted as prima facie evidence in all courts in the province of the by-laws and of their due passing.
In this section "by-law" includes a by-law in force in a part of the city and "amendment" includes an amendment to a by-law, whether made before or after the coming into force of this Act.
Publication of consolidated by-law
The city may authorize the publication of a by-law, as amended, and any printed copy of the by-law printed with the amendments and purporting to be printed by authority of the council is admissible as prima facie proof in all courts in the province of the by-law as amended to a date indicated on the by-law, and of the due passing of the by-law and the amendments to it.
Certification of consolidated by-law
A copy of a by-law as amended under seal of the city and purporting to be certified by the clerk to be a true copy of the by-law as amended shall be deemed to be authentic and is admissible as prima facie proof in all courts in the province of the by-law as amended to the date indicated in the certificate and of the due passing of the by-law and the amendments, without proof of the seal or the signature or official appointment of the clerk.
The council may enact as a new by-law any by-law formerly passed and still in force with the amendments to it and, notwithstanding that any requirement of the Act as to notice, time, submission to or approval of a member of the Executive Council, or any board, commission or tribunal, or any committee of council, is not observed in the passing of the new by-law, if the new by-law reflects the state of the former by-law with amendments, without any new matter, the new by-law is valid and shall not be questioned in any court by reason of the failure to comply with the requirement, and the former by-law and the amendments brought forward in the new by-law may be repealed.
Subject as herein provided, a proposed by-law shall receive three separate readings before it is passed and becomes a by-law, and a proposed by-law may be amended on any reading of it.
No more than two readings of any by-law shall be given at any one meeting, unless, by the affirmative vote of 2/3 of the whole council, this requirement is suspended.
Unless the council, by a majority vole of the members present, dispenses with the reading of a proposed by-law in full at any reading of it, and subject to subsection (4), each proposed by-law shall be read aloud in full to the council, at each reading of it, by the clerk or a member of the council, with amendments made at any previous reading of it.
Where a proposed by-law or any schedule to a by-law, is typewritten, mimeographed, printed, or otherwise clearly set forth in some similar written form, and a copy of it is given to each member of the council before the meeting at which any reading of the by-law is to take place, it is not necessary that the proposed by-law or schedule be read aloud.
A by-law that is inconsistent with an Act in force in the province, or with a regulation made under an Act. is invalid in so far as the by-law is inconsistent with the Act or regulation.
Where any person interested in a by-law, order or resolution of the council applies to a judge of the Court of Queen's Bench and produces a copy of the by-law, order or resolution certified under the hand of the clerk and under the corporate seal of the city, and shows by affidavit that the copy was received by the person from the clerk, and that the applicant is so interested, the judge, not earlier than ten days after the applicant has served on the clerk a notice of motion to quash the by-law, order or resolution, may, by order, quash the by-law, order or resolution, in whole or in part, for want of jurisdiction on part of the council, or bad faith, and according to the result of the application, award costs for or against the city.
No quashing for unreasonableness
A by-law, order or resolution passed by the council in the exercise of any of the powers conferred by, and in accordance with this Act, and in good faith, is no( open to question, and shall not be quashed, set aside, or declared invalid or void, either wholly or partly, on account of the unreasonableness or alleged unreasonableness of its provisions or of any of them.
By-law, etc., obtained by bad faith
Subject to section 132, any by-law, order or resolution, the passing of which has been procured through, or by means of, bad faith, may be quashed on an application made as herein provided.
Limitation as to time for quashing
No application under section 129 or section 131, and no application to or any action in any court for a declaratory judgment respecting the validity of a by-law, order or resolution of the city shall be entertained unless it is made or commenced within three months from the passing of the by-law, order or resolution.
Acts done under invalid by-law
Where a by-law, order or resolution is invalid, in whole or in part, and anything has been done under it that, by reason of the invalidity, gives a person a right of action, no such action shall be brought until one month has elapsed after the by-law, order or resolution is quashed or repealed, and until one month's notice in writing of the intention to bring the action is given to the city; and such an action shall be brought against the city alone, and not against any person acting under the by-law.
Where the council in passing a by-law, order, or resolution, has acted fraudulently or in bad faith, a person who has suffered damage by reason of the by-law, order or resolution shall have a right of action against the city, to recover those damages, provided that no such action shall be brought until one month's notice in writing of the intention to bring the action is given to the city, and such an action shall be brought against the city alone, and not against any person acting under the by-law, order or resolution.
Application of sections 129 to 133
Sections 129 to 133 apply with such modifications as the circumstances require to any order or resolution of a committee of council.
Limitation on time to bring action
Except where otherwise provided herein, all suits for damages, or indemnity for any damage or injury, sustained by reason of the construction, operation, repair or maintenance of any works or undertakings of the city shall be instituted within two years next after the time the alleged damage was sustained, or if there is continuation of damage, then within two years next after the doing or committing of the damage ceases, and not afterwards.
Action arising from advertising sign
No action or proceeding shall be brought or instituted against the city in respect of any claim for loss or damage caused by or arising out of the erection, maintenance, or disrepair of any sign or other advertising device or otherwise arising in connection therewith, except within two years of the event giving rise to the claim, but nothing herein imposes or implies any liability on the part of the city in respect of any such loss or damage.
The council may, by by-law, make regulations respecting matters for which provision is not specifically made herein, and without restricting the generality of the foregoing may make such regulations for the health, safety, and welfare of the inhabitants and for the peace, order, and good government of the city as the council considers necessary.
The city may, by resolution of the council, make grants of money
(a) to any charitable or philanthropic institution (hat is authorized under The Charities Endorsement Act to canvass or solicit for funds;
(b) toward the capital cost of hospitals to be constructed, renovated or improved within the city, but any such grant shall not exceed 20% of the total cost approved by The Manitoba Hospital Commission for land acquisition, buildings to be constructed, renovated or improved and fixtures or other equipment to be installed;
(c) for aiding athletic or aquatic sports; and
(d) for any other purpose that, in the opinion of the council, may be in the interests or to the advantage of the city or the inhabitants of the city.
Notwithstanding any other Act of the Legislature or the rules or by-laws of the hospital, but subject to subsection (2), where the city makes a grant toward the capital costs of a hospital, the council shall have the right to appoint two representatives to sit as members of the governing board of the hospital to which the grant was made, and any member so appointed shall hold office until a successor is appointed by the council.
Where all the members of the governing board of a hospital that is owned and operated by a religious association and to which a grant is made toward the capital costs of the hospital are, by its Act of incorporation, required to be members of the religious association, the appointments to which reference is made in subsection (1) shall be to the advisory board of the hospital.
Where the city makes a grant under clause 138(b) none of the assets acquired for the hospital, either wholly or in part, through the expenditure of the grant shall be used for purposes other than the hospital for which the grant was made without the express approval of, and under such conditions as may be prescribed by, the Minister of Health.
Terms and conditions on tender
The council may prescribe such terms and conditions with respect to the calling for, submission of, and other matters relating to, tenders for the supply of materials or for the furnishing of labour to the city, or for both, as in the opinion of the council are expedient, including, but without restricting the generality of the foregoing
(a) a form of general conditions that shall form part of each tender;
(b) the fixing and requiring payment of deposits;
(c) the furnishing of bonds or other securities for the performance of any contract by persons contracting with the city; and
(d) the crediting, refunding, or forfeiture of deposits and the cancellation of bonds or other securities furnished; and a person submitting a tender to the city is bound by the terms and conditions so prescribed.
The city, under the authority of a by-law. may guarantee the payment of principal or interest, or both principal and interest that is or may become payable under any bonds, debentures, notes, or other securities issued by The Red River Exhibition Association.
The guarantee to which reference is made in subsection (1) shall be in such form as the council may, by by-law, approve and shall be signed by the mayor or a member of council or such officer of the city as the council may, by by-law, designate for the purpose, and the signature shall be conclusive proof for all purposes of the validity of the guarantee and that the relative provisions of this Act have been complied with.
Guarantee printed on each bond
The form of the guarantee shall be printed on each bond, debenture, note, or other security to be guaranteed and when the guarantee has been signed as provided in subsection (2) it is a valid obligation and liability of the city.
Monies to be paid out of city fund
Where the city has guaranteed the payment of principal or interest, or both principal and interest that is or may become payable under any bonds, debentures, notes, or other securities issued by The Red River Exhibition Association, the monies necessary to fulfil the requirements of the guarantee may be paid from and out of the funds of the city.
Contract for furnishing services
The city may enter into contracts with one or more municipalities and with the Provincial Government for the furnishing by any one or more of the parties to any one or more of the other parties of such services as may be specified in any such contract.
Fees for planning planning service
The city may charge a municipality that is wholly or partly within the additional zone, for planning services performed by the city in respect of any part of the municipality that is within the additional zone, a fee that is calculated in a manner approved by the minister as being equivalent to the manner in which the amount payable by municipalities to the government in respect of assistance rendered to municipalities by the government under agreements made under The Planning Act is calculated.
Pension and insurance plan for council
The city may
(a) by by-law establish, maintain and regulate a pension plan for members of council; and
(b) enter into contracts of group insurance providing for benefits for members of council and their dependants; and may, in addition to all other rates and assessments for city purposes, levy and assess in every year a special rate sufficient to furnish the amount required for the purpose of the pension plan and the contracts of group insurance.
For the purposes of any pension plan for members of council and for the purposes of The Pension Benefits Act. members of council are not employees of the city.
City may integrate pension plans
The city may provide for the integration of a pension plan of the council of an area municipality with any pension plan which the city establishes for the members of council.
Reception and entertainment expenses
The council may pay for the reception and entertainment of guests, and for expenses incurred in matters that, in the opinion of the council, may be in the interests or to the advantage of the council or the inhabitants of the city.
A by-law or resolution enacted or made by the council may be enforced, and contravention of a regulation therein restrained, by the Court of Queen's Bench on action brought by the city or an elector, whether or not a penalty is imposed by the contravention, and it shall be unnecessary for the Crown or the Attorney-General or any other officer of the Crown to be a party to the action.
Where the city has authority to direct, by by-law or otherwise, that any matter or thing be done by any person, it may also, by the same or another by-law, direct that, in default of its being so done, it shall be done by the city at the expense of the person in default; and the city may recover the expense thereof with costs by action, or may levy such expense against the property respecting which the matter or thing was done and recover the expense in the same manner as taxes in arrears.
Any person who contravenes or fails to comply with
(a) a provision of this Act or of the regulations made under Part 15, or a provision of any other Act that, by this Act. is made applicable to the city or made applicable to proceedings taken or things done under this Act; or
(b) a provision of a zoning agreement entered into under section 605, or a by-law, regulation or order enacted or made by council or a standing committee, a community committee or an officer or employee of the city or by the council or an officer or employee of a municipality in the additional zone, under this Act or under powers delegated by the council under this Act; for which no other penalty is provided in this Act, is guilty of an offence and liable to a fine not exceeding $1, 000. in the case of an individual, or $5, 000. in the case of a corporation, or, in the case of an individual, to imprisonment for a term not exceeding six months or to both.
Engaging in business without licence
A 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 justice imposing a penalty on a person under subsection (1) or (2) may, in addition to imposing the penalty, order the person to observe the provision that was breached or to apply for the appropriate licence.
Application of subsecs. (1) and (3)
Subject to subsection (5), the provisions of subsections (1) and (3) apply with respect to the breach of a provision of any by-law, regulation, resolution, order or plan continued in force under subsection 674(3).
Penalties in subsec. (1) to govern
Where a penalty, other than as provided in subsection (1), is provided for the breach of a provision of any by-law, regulation, resolution, order or plan referred to in subsection (4), the penalties provided in subsection (1) apply in the place and stead of that penalty.
Director and officer of corporation
Where a corporation commits an offence against this Act or against a by-law, each director or officer of the corporation who authorized, consented to, connived at, or knowingly permitted or acquiesced in, the doing of the act that constitutes the offence, is likewise guilty of the offence and liable to the penally for which provision is made in subsection (1).
Where the contravention, refusal, neglect, omission, or failure, continues for more than one day, the person is guilty of a separate offence for each day that it continues.
Unless otherwise provided in this Act, a line or other pecuniary penalty levied, under this Act or a by-law, for infraction of this Act or of a by-law, regulation or order enacted by the council, shall be paid to the city.
Jurisdiction of justice of the peace
A justice of the peace may hear, try, determine, and adjudge prosecutions, charges, matters, and proceedings in cases arising under this Act.
Neither any member of the council, nor any employee of the city, nor any person acting under the lawful instructions of any one of them or under the authority of this Act or the regulations, is personally liable for any loss or damage suffered by a person by reason of anything lawfully done or omitted to be done under, or in the exercise of, powers given by this Act or the regulations.
Where the carrying on of a trade as defined in Part 17 hereof consists of the selling or offering for sale of goods or services, or consists partly of going about from place to place soliciting orders or for other similar purposes in connection with the sale of goods or services, in any prosecution for breach of a by-law respecting such trade, evidence of one sale or offer or one delivery of goods or the performance of one act of service or one call at a place for the purpose of soliciting an order or other similar purpose, shall be prima facie evidence of the carrying on of a trade.
A conviction for breach of a by-law shall not be quashed for want of proof of the by-law before the convicting justice, but the court or judge hearing the motion to quash may dispense with any such proof or may permit the by-law to be proved by affidavit or otherwise.
Subject to subsections (2), (3), (4) and (5), where any consent required by
(a) section 186 (inspection by assessor);
(b) subsection 424(6) (inspection for nuisance);
(c) clause 446(1)(e) (sewers);
(d) section 466 (by-law violation);
(e) section 484 (building inspections);
(f) clause 524(1)(y) (trades);
(g) clause 549(c) (utilities);
(h) section 603 (zoning); or
(i) clause 651(k) (building standards);
is refused by an owner or occupier, or the exercise of a power authorized by any section, subsection or clause set out in clauses (a) to (i) is prevented by the owner or occupier, a justice who is satisfied by information on oath that the circumstances requiring the exercise of that power exist, shall issue a warrant authorizing the person named in the warrant to exercise the power.
The city may apply for a warrant under subsection (1) without first attempting to obtain consent from the owner or occupier.
When an emergency or danger to person, or property arises or is apparently about to arise, the chief commissioner may grant the authority to enter any land, building or premises, to the persons described in, and authorize the exercise of the powers set out in the clauses, sections, and subsections described in subsection (1), and consent to enter and exercise that authority is not required from any other person.
The powers set out under subsection (3) may be delegated by the chief commissioner to one of the commissioners of a standing committee.
A warrant given under subsection (1) shall be executed by day, unless the warrant specifically authorizes execution during the night.
ACQUISITION AND DISPOSAL OF LAND
Power to acquire and dispose of land
The city may
(a) acquire by lease, purchase, expropriation, gift or otherwise
(i) any lands or interest therein, and
(ii) any personal property that the city may consider necessary for its purposes; and
(b) lease or, if found to be no longer required for its purposes, sell by private sale, tender or auction, for cash, on terms or in exchange for other land or other consideration, any land or interests herein, building or personal property owned by the city and any sale or exchange may be made on such terms as the council may decide, and the city may accept and register mortgages on land disposed of as security for the whole or part of the consideration thereof, and may specify by by-law the manner of execution of a lease, transfer, agreement for sale, notice of cancellation or other document required in the exercise of powers herein granted and may specify cases in respect of which a by-law is or is not required as authority therefor;
(c) take options in its own name or in the name of an agent for the acquisition of lands and the city may or may not exercise such options, as the council decides;
(d) acquire, hold and dispose of real or personal property offered or transferred to it in part or whole settlement or payment of or as security for any lien or charge, or any right thereto, or any relief or gratuity given or furnished by the city.
Notwithstanding subsection (1), no land owned by the city and used for park or cemetery purposes on the day this Act came into operation or acquired thereafter by the city for park or cemetery purposes shall be disposed of without the approval of at least 2/3 of the members of the council.
Right of entry for survey, etc.
The city has, subject to liability for damages occasioned by the exercise of its power, the right, with or without the consent of the owner, to enter into and upon land and make such surveys, examinations, and other arrangements, as are necessary for locating and setting out the site of the works and the boundaries thereof; provided that reasonable notice shall be given to the owner and occupant of the land in advance of entry and provided further that entry shall be made only loans reasonable times.
Where a declaration has been registered in the land titles office under The Expropriation Act, any person authorized in writing in that behalf by the city may, loans any reasonable time on notice to a person in actual occupation of the land to which the declaration relates, enter upon the land for the purpose of making an appraisal of the value of the land or any interest therein.
Power to acquire additional land
The city may acquire by lease, purchase, expropriation, gift or otherwise, the land required for any of the purposes of the city, and any land in addition thereto, hereafter referred to as "additional land", that the city considers advantageous to acquire in connection therewith.
Where the city acquires land for any of its purposes, if it finds that by acquiring a quantity larger than is required and disposing of the excess it can acquire the amount of land required at a lower net price or otherwise with more advantage to the city, the city may acquire the extra land and dispose of it.
The city may
(a) acquire land within the city and the additional zone by purchase, lease, exchange, donation or expropriation; and
(b) sell, mortgage, lease or otherwise dispose of land acquired by the city to any person for the purpose of development on such terms and conditions as the council may consider advisable.
The city may develop or redevelop land acquired by the city, and may
(a) subdivide and zone the land in any manner in which the council considers in the best interests of development or redevelopment;
(b) provide services for the land;
(c) construct buildings and structures on the land and lease them on such terms and conditions as the council may consider advisable;
(d) provide and develop parks; and
(e) provide recreational and cultural facilities on the land; and may operate and manage the services, buildings, structures, parks, and facilities.
Power to acquire land for assembly
The city may acquire lands within the city and the additional zone by purchase, lease, exchange, donation or expropriation for the purpose of assisting in the assembly of land for residential, park and recreational, commercial or industrial development or redevelopment, and for rights-of-way of future streets, together with lands abutting them, and for those purposes, hold, lease, sell, exchange or otherwise dispose of the land on such terms and conditions as the council may consider advisable, and may lease air rights above such land.
Notwithstanding any other Act, but subject to the rights of Her Majesty, and subject to paying due compensation therefor, the city may expropriate and use, without the consent of the owner or any person interested therein, any lands or interests therein that are within the city and the additional zone and that the city may consider necessary for its purposes; and the authority granted by this subsection may be exercised in priority to the rights of any corporation or person other than Her Majesty.
Application of Expropriation Act
For the purposes of expropriation, The Expropriation Act applies to the city.
ASSESSMENT
Notwithstanding The Municipal Assessment Act or any other Act of the Legislature, the assessment of lands in the city shall be carried out and made in accordance with the provisions of this Act.
In this Part
"assessor" means the assessor appointed under this Act; («évaluateur»)
"cemetery" means land that is set aside or used as a place for the burial of dead human bodies or other human remains or in which dead human bodies or other human remains have been buried; («cimetière»)
"farm stock" means
(a) cattle,
(b) sheep,
(c) goats,
(d) swine,
(e) poultry,
(f) fur bearing animals kept in captivity for the production of fur,
(g) bees, and
(h) horses other than horses boarded for another person or kept or raised for showing, riding, racing, or amusement; («animaux de ferme»)
"gas" includes gas whether manufactured or natural and both before and after it has been subjected to an treatment or process by absorption, purification, scrubbing or otherwise, and includes liquefied petroleum gas; («gaz»)
"gas distribution system" means a system
(a) that includes the works, structures, erections, equipment, pipes, machinery, tools, appliances, compression stations, gate valves, check valves, gasometers, regulator stations, terminal facilities, appurtenances, and other things that are used on or in connection with the system; and
(b) that is used for the distribution, delivery, furnishing, or sale of natural or manufactured gas directly to consumer inhabitants of a municipal corporation;
but does not include
(c) a pipeline; or
(d) a building, plant, warehouse, or storage yard used for the purpose of obtaining and producing natural gas underlying the surface of the land; or
(e) a building, plant, warehouse, or storage yard used for the manufacture, refining or marketing of gas; or
(f) similar equipment, machinery, pipes, tools and appliances stored in such a building, plant, warehouse or storage yard; («réseau de distribution de gaz»)
"land" means land, messuages, tenements and hereditaments, corporeal and incorporeal, of every kind and description, whatever the estate or interest therein and whether legal or equitable (but not including mines and minerals) and all trees and timber thereon; and also all paths, passages, waters or watercourses, liberties, privileges, and easements, (but not including the right, interest or estate, of an occupier under a hay permit or a grazing permit issued by the Minister of Mines and Natural Resources with respect to Crown Lands), and includes
(a) all improvements, structures, and fixtures thereon, save those included in the definition of personal property;
(b) except as above provided, the right, interest, or estate, of an occupier to or in Crown or lax exempted land, or in any building thereon whether or not it is affixed to the land; but excepting also the right or interest of an employee of the government in Crown lands that the employee is occupying as his residence;
(c) elevators, warehouses, and other buildings, situated on land under lease, where such buildings do not form part of the land or where the lessee has the right to remove them from the land; and
(d) plant, machinery, equipment, and containers, used in the retail marketing of oil and oil products; («bien-fonds»)
"occupier" as used with relation to Crown land includes lessee, licensee, permittee, purchaser, homesteader, pre-emption entrant, and squatter and a person claiming through or under any of these; and as used with relation to other land exempt from taxation, includes any such person and also the employee of any of them who is in occupation of the lands; («occupant»)
"oil, natural gas, or salt production equipment" includes all equipment, structures, and erections whether affixed to the land or not, together with all machinery, flow lines, tools, pipes, appliances, appurtenances, and other things located on any parcel of land and owned and used by any person owning the surface or holding a lease or licence from the owner of the surface of the parcel of land for the purpose of obtaining and producing oil, natural gas, or salt underlying the surface of the land, or for the purpose of injecting gas or water, including salt water, into any formation underlying the surface or in the vicinity of the parcel of land, but does not include
(a) a building, plant, warehouse, or storage yard used by any such person for such a purpose; or
(b) a building, plant, warehouse, or storage yard used for the refining or marketing of oil or oil products or salt; or
(c) a building, plant, warehouse, or storage yard used for the manufacture, refining or marketing of gas; or
(d) similar machinery, tools, pipes and appliances stored in such a building, plant, warehouse, or storage yard; («équipement de production de sel, de pétrole ou de gaz naturel»)
"personal property" means goods and chattels and includes
(a) shares and stocks of corporations;
(b) plant and machinery used in obtaining and producing oil, natural gas, or salt, whether built in or on a foundation or laid in or along or attached to the ground or in, along, or under a highway;
(c) oil, natural gas and salt production equipment; and
(d) gas distribution systems;
but does not include any tanks, vessels or containers used in the refining of oil or oil products; («biens personnels»)
"property" includes both land and personal property; («bien»)
"taxes" includes all taxes and rates and all penalties for default in payment thereof, and monies added to the tax roll under any statute; («taxes»)
"tax purchaser" means a person who purchases land at a tax sale, and includes a municipality and the assignee of a tax purchaser. («adjudicataire»)
Except as specifically herein otherwise provided, all lands are liable to taxation.
Lands belonging to, or held in trust for, the Crown are exempt from all taxation.
Subsections 2(3) to (18) (taxable property exemptions) of The Municipal Assessment Act and subsections 30(2) to (5) and (7) (farms) of The Municipal Assessment Act apply with such modifications as the circumstances require.
Lands owned by The Rural Municipality of Rosser and situated within the following described area are exempt from taxation, except taxation levied for local improvements, during such time as those lands are owned by The Rural Municipality of Rosser:
Firstly: sections 23, 26 and 35 and fractional sections 25 and 36 of fractional township eleven in range 2 east of the principal meridian in Manitoba and all road allowances adjoining those sections and fractional sections excepting that portion of the road allowance adjoining the eastern boundary of said fractional section 25 which lies to the south of the straight production westerly of the northern limit of lot 3 in the outer two miles of the Parish of Kildonan;
Secondly: fractional section 24 in said fractional township 11 excepting the north-east quarter of said fractional section 24 and the road allowances adjoining the said north-east quarter and the road allowance adjoining the eastern boundary of the south-west quarter of said fractional section 24;
Thirdly: the north-west quarter of section 14 in said fractional township 11 and the road allowances adjoining the said north-west quarter; and
Fourthly: all those portions of sections 22, 27 and 34 in said fractional township 11 taken for highway and shown coloured pink on a plan filed in the Winnipeg Land Titles Office as No. 5323 and all those portions of the road allowances adjoining said sections 22, 27 and 34 that lie between the straight productions of the eastern and western limits of the land taken for highway as shown coloured pink on plan No. 5323 aforesaid.
The council may by by-law provide that by reason of the use for agricultural purposes to which lands described in it are put and the services and facilities that are or are not available to the owner or occupant thereof, the city's tax levy made in respect of such lands shall be calculated by levying a rate reduced by the amount specified in the by-law against the assessed value of those lands; and it is not necessary for the council to specify the services or facilities that are or are not available to the owners or occupants of those lands in the by-law.
Differential rates of taxation
Notwithstanding any other provision of this Act or of any other Act, the council may, by by-law, establish differential rates of taxation for classes of property defined by regulations made under section 32 of The Municipal Assessment Act.
No by-law passed by council under subsection (6) has any force or effect until approved by the Lieutenant Governor in Council.
Repeal of subsections (6) and (7)
Subsections (6) and (7) shall be deemed to have been repealed on the day on which subsection 32(2) (regulations regarding classes of property) of The Municipal Assessment Act comes into force.
Notwithstanding any other provision of this Act or any other Act, the council may by by-law, solely for the tax years 1987, 1988 and 1989, limit the amount of any increase in taxation which council determines has resulted from a general reassessment on separately assessed parcels of property or within such classes of property as are designated by the by-law and on such terms and conditions as are set out in the by-law.
Where in any year the amount of taxes is reduced under subsection (9), the council may in that year charge the amount by which the taxes have been reduced to the current budget.
Council may pass by-laws taxing such personal property as is described in the by-laws, subject to the following exemptions:
(a) all produce from land occupied as a farm or garden;
(b) all farm stock, implements, and machinery ordinarily used by a farmer in his occupation when used by him for the purpose of farming;
(c) all grain, cereals, flour, live or dead stock, and cordwood, in store or warehouse in the city, and owned or held by, or in the possession of, a person not being the producer thereof, and so held or possessed solely for the purpose of being conveyed for shipment to and sale at some other place;
(d) household effects and furniture, books and wearing apparel, in use by a person or by the person's family;
(e) public libraries and the libraries of the courts and of The Law Society of Manitoba;
(f) ships and steam boats and shares therein;
(g) all minerals, including oil, gas, and salt, that are being gathered in, transported, or stored;
(h) the pipe line of a pipe line company taxed under subsection 173(1);
(i) railway, roadway and superstructure thereon taxed under subsection 173(2).
Slock and implements, held in common
A person who claims exemption in respect of farm stock, implements, or machinery, shall, himself or by his agent, be a bona fide farmer and resident owner, tenant, or occupant, of land in the city; and the person shall maintain and keep them apart from the like property of any other person residing with the person, so that not more than one such exemption may be claimed or allowed in respect of any of them.
Property situated within, but owned by a non-resident of the city, is liable to assessment in the same manner, and subject to the like exemptions as other property.
Interest in Crown or exempt property
The right, interest, or estate, of an occupier in Crown Land or land exempted from taxation under this or any other Act, whether used by the occupier in an official capacity or as a servant or otherwise, is liable to assessment and taxation from the date of the occupancy or claim of the occupier, who may be assessed therefor.
Limitation as to certain interests
Subsection (1) does not apply to
(a) mines and minerals; or
(b) the right or interest of an employee of the government in Crown lands that the employee is occupying as his residence; or
(c) the right or interest of a teacher in land that the teacher is occupying as his residence, and that is exempt from taxation under subsection 164(3); or
(d) the right or interest of a lessee from the government of lands acquired by the government for a provincial waterway designa7ed as such as provided in section 275 of The Municipal Act.
Buildings on exempted property
Where the estate in fee simple in land is exempt from taxation, but a right, interest, or estate, of an occupier therein is taxable, and a building is erected, placed, or occupied, on the land and is not included in the right, interest, or estate, the assessor shall assess the building in the name of the occupant, whether or not it forms part of the freehold, and whether or not the occupant has the right to remove it from the land.
Except as provided in subsection 173(2) (railways), where an elevator, warehouse or other building, situated on land held under lease, does not form part of the land or the lessee has the right to remove it therefrom, it shall be assessed as part of the land and not as personal property.
Notwithstanding that the registered owner of a burying ground or cemetery has conveyed and transferred all or part of the lots and plots in the burying ground or cemetery to other persons, for the purposes of this Act, including for the purposes of taxation and assessment under this Act and liability for the payment of taxes levied by a municipality, that registered owner shall be conclusively deemed to be the owner of all land within the burying ground or cemetery.
Every mobile home except
(a) a mobile home that is licensed by the city; or
(b) a mobile home that is registered as a trailer under The Highway Traffic Act for a whole or a portion of the registration year under that Act that begins in the year in which the assessment was made; is liable to assessment and the assessor shall assess the mobile home as a building and, subject to subsection (1) assess it in the name of the owner of the land on which it is situated.
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 472(c);
The assessor shall not in making the 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 under 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 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.
General assessment triennially
Al least once in each three consecutive years, the assessor shall, after enquiry, and aided by such information as may be furnished to him, make a valuation of every parcel of rateable property in the city according to the assessor's best judgment, and enter the valuations in an assessment roll to be prepared by the assessor annually in a form approved by council, but any failure by the assessor in making the valuations and entries at least once in each three consecutive years does not invalidate, and shall be deemed never to have invalidated, the assessment rolls of the city or any tax rolls based thereon.
The roll prepared under subsection (1) is herein referred to as the general assessment roll or realty assessment roll and may, if authorized by by-law, be in the form of a series of sheets or cards and if such form be used, the information required in respect of each parcel of land or the owner thereof may be shown for a succession of years on the same sheet or card, provided there be no change during such years in the description of the property.
Land assessed in name of owner
Every parcel of land, whether occupied or not, shall be assessed in the name of the owner, provided that in the case of any land owned by the city being sold under agreement binding the purchaser to pay taxes, the assessor, on being furnished with a certificate to that effect signed by the treasurer, shall assess the land in the name of the purchaser.
When the land is owned by more persons than one and all their names have been furnished to or ascertained by the assessor, it shall be assessed in the names of all the owners.
Every parcel of land to be entered
The assessor shall number consecutively and enter every parcel of land on the general assessment roll by a true and accurate description; and, where such parcel of land consists or is composed of a fractional part of any lot, the entry thereof shall be made on the assessment roll by such description that the parcels of land can be easily ascertained, if such description can be procured from the registry office or land titles office or from the owner of such parcel, or by the best description that can be obtained, and where a portion of any lot on a plan of subdivision has been taken for a street or for right-of-way of a railway, or for any other railway purpose, the remaining portion of the lot shall be properly described by giving its original number.
What real property shall include
In assessing lands with buildings thereon, the buildings shall be assessed to the owner of the land, whether owned by that person or not; and buildings, when they are upon some street, park or exempted lands, and are not themselves exempt, shall be assessed against the owner at the same proportion of the full value as applies to buildings on taxable land.
Registered owner deemed the owner
For the purpose of this Act. the person in whose name land appears as owner in a registry or land titles office, shall prima facie be deemed to be the owner thereof.
Land held in the name of a trustee shall be assessed against the trustee, with the addition of his representative character to the name of the trustee.
Land of railway company under lease
Where any land of a railway company is held under lease, permit, or licence, by any person, or where buildings on land which is held under lease, permit, or licence from, and which is part of the station grounds, roadway, or other land of, a railway company, are owned or occupied or used by a person other than the railway company, whether the buildings are affixed to the land or not, and whether the tenant, permittee, or licensee, has any interest therein or not, the land or the buildings, together with the land forming the site thereof or occupied therewith, shall be assessed to the tenant, permittee, or licensee, as if that person were the owner thereof.
Where land is owned by more persons than one, and all their names have been furnished to the assessor, the land shall be assessed to them in the proportions that it belongs to each respectively.
Assessment of subdivided vacant land
All vacant land, though surveyed into building lots, may be entered on the assessment roll as so many acres of the original block or lot describing it by the description of the blocks, or by the numbers of the lots as the case requires.
Assessing interest in exempt land
In the assessment of the right, interest, or estate, of an occupier in Crown land or in land exempted from taxation under this Act or any other Act, the occupier shall be deemed to be the owner of the right, interest, or estate, and the assessor shall assess the right, interest, or estate to him; and it is not necessary to set forth correctly or at all the particular nature of the right, interest or estate so assessed.
Name of tenant to be placed on roll
The name of every tenant, permittee, or licensee, if assessed shall be placed on the assessment roll as owner of the land or buildings, and the land forming the site thereof or occupied therewith.
Information to be shown on the roll
The assessor shall set down in the general assessment roll, according to the best information to be had,
(a) the names or initials and surnames, if they can be ascertained, of all taxable persons, whether resident or non-resident in the city, who have taxable property therein; and
(b) the description and extent or amount of property assessable against each of such persons.
"Representative" for deceased person
When the assessor is unable to ascertain the name of the person who should be assessed in lieu of a deceased person, the assessor may insert, instead of the name, the words "Representative of A. B., deceased".
Particulars in separate columns
The required particulars shall be set down in separate columns, as follows:
Column 1 - The successive number on roll;
Column 2 - Name and residence of taxable person; provided that where property is owned by one or more persons having the same surname, it shall be sufficient if the owners be shown with given names or initials of each owner consecutively followed by one surname.
Roll may be completed in parts
The realty assessment rolls for any year may be completed in parts at different times by groupings of wards or geographic areas but in any case the rolls shall be completed as early in the year as practicable and each part shall be subject to revision in accordance with the provisions of Part IV of The Municipal Assessment Act.
Where assessment rolls are completed in parts, as provided in subsection (1), certification by the assessor as required by section 190 and the provisions of Part IV of The Municipal Assessment Act relating to appeals to the Board of Revision shall apply to each part completed.
Land, as distinguished from the buildings thereon, shall be assessed at ils value at the time of the assessment.
Buildings assessed at part value
In assessing land having buildings thereon, the value of the land shall be set down in one column and in another column shall be set down the sum which shall represent 2/3 of the value of the buildings thereon and the value of the land and the proportion of the value of the buildings shall together form the assessment in respect of the property.
Notwithstanding any other provision herein, an assessment of any land shall not be deemed to have been improperly made or to be fixed at an unreasonable, unjust, or improper amount if the amount at which the land is assessed bears a fair and just relation to the amounts at which other lands in the city are assessed.
In assessing land having appurtenant to it a right-of-way over other land, the value of the dominant tenement shall be increased by the value of the easement over the servient tenement, and the decrease in value of the servient tenement by virtue of the easement shall be taken into account in valuing the servient tenement; and where a strip of land is reserved as a private roadway appurtenant to one or more parcels of land abutting on it, the value of the land so reserved, if the land in the opinion of the assessor cannot be used for any other purpose, may be added to the value of the dominant tenement where there is one only, and in case of more than one the value may be divided and added to the dominant tenements in proportion to the benefit accruing to the respective dominant tenements by the easement of right-of-way, and in such case the reserved strip shall not be separately assessed.
All pipes, wires, poles, tracks, rails or other property of electric light, telegraph or telephone companies, fixed or placed in a street shall, for the purposes of assessment and taxation, be deemed land, but the assessor shall not value such property nor the engines, boilers, dynamos and other plant used in any power house, generating house or building for generating, transforming or distributing power, or electricity, but shall assess them by entering in the general assessment roll each year the value of the properties so fixed or placed in the streets and the plant in the buildings in the following gross amounts:
(a) each company supplying electric light for gain, as a valuation of the electric plant, the sum of $1, 200, 000.;
(b) each telephone company, the sum of $1, 200, 000.
The property and plant assessed as aforesaid, excepting properties belonging to or held in trust for the Crown, shall be subject to all the general levies and rates to which taxable land in the city is subject, as well as the local improvement rates or special assessments that are made applicable by the provisions of this Act, and may be sold for arrears of taxes in the same manner that real estate in arrears may be sold and become absolutely vested in the purchaser, and the taxes accrued on the property shall be a special and first lien and shall have a preference over every other lien, claim or encumbrance.
Assessing gas distribution systems
Notwithstanding anything in this or any other Act, gas distribution systems shall be assessed to the owner as personal property at the value thereof, and are subject to the same general levies and rates as those to which land in the city is subject, as well as to any local improvement rates or special assessments (hat, under this Act, are made applicable thereto, and they may be sold for arrears of taxes in the same manner as real estate in arrears for taxes may be sold and become absolutely vested in the purchaser; and the taxes accrued on the property are a special and first lien and shall have a preference over every other lien, claim, or encumbrance.
Value of gas distribution system
The value of a distribution system assessed as personal property includes,
(a) the cost of all materials required therefor;
(b) the cost of all labour required for the installation thereof, including the labour required for excavating, pipe laying, and engineering services;
(c) the cost of restoring the surface of the land to its former condition; and
(d) all oilier overhead costs of installation.
Subsections 26(1) to (9) (pipelines) of The Municipal Assessment Act apply, with such modifications as the circumstances require.
Sections 23 and 24 (railways) of The Municipal Assessment Act apply, with such modifications as the circumstances require.
L.T.O. searches, without charge
The assessor shall, if necessary, make such enquiries at the land titles office as will enable the assessor to assess all lands that have become liable to assessment, and the assessor, tax collector, or their assistants, shall have the right to search the records of any registry office or land titles office for the purpose of obtaining information necessary for their respective office, without charge.
Assistance to assessor at L.T.O.
The officers in charge of the registry or land titles office when so required by the assessor, tax collector, or any of their assistants, shall give him, or them, free of charge, all information required respecting property situated within the limits of the city; and when these officers are required to give extracts or certificates from their office, they may charge 5 cents a folio of 100 words, for all the extracts, and 25 cents for each certificate.
BUSINESS ASSESSMENT
In this Part
"business" includes a trade, occupation, profession, calling, manufactory, art, venture, and the providing of goods and services; («entreprise»)
"premises" means land or building, or both, or any part thereof, and includes a store, office, warehouse, factory building, enclosure, yard or any space occupied or used by a person for the purpose of a business. («locaux commerciaux»)
Subject to section 179, premises used by a person carrying on a business in the city, whether or not the person resides in the city, shall be assessed for a sum equal to the annual rental value of the premises, and the assessment shall be known as "business assessment" and the tax levied on the assessment shall be known as "business tax".
In this Act, "annual rental value" is deemed to include the cost of providing heat and other services necessary for comfortable use or occupancy, whether provided by the occupant or owner.
In assessing annual rental value, the assessor shall take all factors into account so that as far as possible premises similar in size, suitability, advantage of location, and the like, shall be equally assessed so that all persons subject to business tax shall be assessed at a fair rental value of the premises occupied or used, based in general on rents being paid for similar premises.
Determining annual rental value
In fixing the annual rental value of any premises, the assessor is not bound to determine the amount of the rent that the property would probably earn in any year but may fix that rental value in any reasonable manner that is fair and just to all other owners or occupiers of premises.
Validity of business assessment
Notwithstanding any other provision of this Act, a business assessment of any premises is not improperly made or fixed at an unreasonable, unjust, or improper amount where the assessment bears a fair and just relation to the amounts at which other business premises in the city are assessed.
Where the occupier of a premises sublets the whole or any portion thereof, the assessor may issue the assessment for the premises, or portion of the premises, to the occupier and the sub-tenant, or either of them.
Liability of owner for business tax
A person is not exempt from business tax for any premises on the ground that the person is liable to taxation as the owner of the premises.
In the case of a partnership subject to business tax, each person in the partnership is liable for the lax.
A business assessment shall not be made for
(a) halls or other places used for social gatherings or activities by political, religious, friendly or other groups of people, including an incorporated charitable, fraternal, and social organization;
(b) boarding houses;
(c) hospitals; and
(d) theatrical performances or concerts by students of the University of Manitoba or any of its affiliated colleges, the University of Winnipeg, or a public or private school, as those terms are defined in The Education Administration Act.
The business assessment for gasoline filling stations may be issued to the occupant or the person the sale of whose products is the principal business carried on by the occupant.
Advertising signs and billboards
A business tax shall be paid by the owner of an advertising sign, billboard or other similar device, as described by by-law, in an amount prescribed by by-law, and the amount shall be based on the area of the face of each device.
A telephone company paying realty tax for property fixed or placed in a street and required by section 172 to be treated as land, is not subject to business tax for premises, or portions of them, used by the company for housing its telephone exchange and switching equipment.
A power company paying realty tax for property fixed or placed in a street and requited by section 172 to be treated as land, is not subject to business lax for premises, or portions of them, used by the company solely for the generation, transformation or distribution of power or electricity.
The premises of the owner of a gas distribution system assessed as personal property as provided in this Part are liable to assessment for business tax.
A person who furnishes television service within the city by means of, or partly by means of, cables, wires and other equipment or facilities is liable for the payment of a business tax to the city in each year equal to 1% of the gross revenue received by the person in the next preceding year from rentals, fees or charges for furnishing the service within the city.
Cables leased from Crown for TV
Where a person furnishes television services in the city by means of, or partly by means of, cables, wires, and other equipment or facilities that are used under an agreement with, or permit from, a Crown agency, the person and the Crown agency are not liable to taxation for the cables, wires, equipment and facilities, or for their use.
A person who is liable for the payment of business tax to the city under subsection (7) shall file with the assessor, on or before March 1 in each year, a return showing the gross revenue received in the preceding year from rentals, fees and charges for services furnished in the city.
The taxation imposed under subsection (7) is in lieu of business taxes payable to the city for any of the cables, wires, and other equipment or facilities that are leased from or used under an agreement with, or a permit from, the Crown agency, and the person liable for the business tax under subsection (7) is also liable for any business tax or property tax imposed for any premises occupied by the person for the purpose of the person's business.
The assessor shall assess annually the business premises of each person carrying on business in the city, and every such person shall in each year pay to the city a business lax based on the assessed annual rental value of the premises occupied or used by the person for the purpose of the business, at the rate prescribed by by-law.
Annual business tax rate by-law
The city may by by-law prescribe the annual rate of business tax to be levied, but the rate shall no( exceed 15% of (lie annual rental value of any premises.
Notwithstanding subsection (2), the city may by by-law establish a minimum business tax for any business for which the assessor is unable to determine the annual rental value, owing to the nature of the occupancy, or for any other reason.
Transitional: tax system continues by-law
Notwithstanding the deletion of the classes and rates of business taxation from the Act, the latest revised business assessment and tax rolls of the city and the classes and rates applicable thereto, as formerly specified in the Act, remain in full force and effect until superseded by a by-law of the city, as provided in subsection (2), and until such a by-law is enacted, all former provisions of the Act relating to the manner of classification and assessment of business premises for business tax purposes, and the establishment of a minimum busmess lax, continue in full force and effect.
Roll prepared every three years
At least once in each three consecutive years, the assessor shall make business assessments for business tax and enter the assessments in a roll, to be known as the "business assessment roll", which the assessor shall prepare annually, but a failure by the assessor to make the assessments and entries at least once in each three consecutive years does not invalidate, and shall be deemed never to have invalidated, the business assessment rolls of the city or any business lax roll based on them.
The form of the business assessment and tax roll and the manner of storing it may be prescribed by by-law.
Premises occupied for part of year
Where in any year, after the business assessment roll for the year is made, but before completion of the business tax roll, a person levied for business tax in respect of any premises has ceased to carry on business there, the tax collector in preparing the business tax roll shall charge the person a pro rata portion of the business tax, for the portion of the year in which the business was carried on.
Where a person whose premises are assessed ceases to carry on business there, after the business tax roll for the current year is completed, the tax collector shall adjust the business tax on a pro rata basis, and collect the tax as adjusted, and where the taxes are paid, the taxpayer is entitled to a refund of the overpayment.
Business starting after new year
The premises of a person who commences business on or after January 1 in any year, but before the completion of the business assessment roll for that year, may be assessed, and the roll shall show the annual rental value of the premises for a full year's occupancy, and also an amount representing the part of the annual rental value proportionate to the part of the year remaining after the date of commencement of business.
Tax calculation for part of year
The business tax for the year for premises under subsection (3) shall be calculated on the proportionate assessment, with the tax rate prescribed by by-law made under subsection 180(2) being applied to the value of the proportionate assessment.
LICENCE IN LIEU OF BUSINESS TAX
Exemption where licence issued
No business assessment shall be made or business tax levied for any business in a year during which, or a part of which, the business is licensed in lieu of business tax, but this exemption applies only to the premises for which the licence is issued.
Licence where no business tax levied
A person who occupies premises for the whole or any part of a year for the purpose of carrying on a business for which a business tax may be levied, and who is not levied for business tax in respect of the premises for the period, is subject to licence by the city and, on written notice to the person by the inspector of licences, the person shall, within a time that is prescribed by by-law, pay to the city a licence fee based on the annual rental value of the premises, as determined by the assessor, and computed by applying the rate specified by by-law for business tax to the annual rental value, and where the period of occupancy is less than a year the licence fee shall be reduced proportionately.
A person who is subject to licence under subsection (2) for premises occupied in any year and who does not pay the licence fee, within the time prescribed by by-law, after receiving notice is liable to the penalty established under section 212.
A person who is subject to licence under subsection (2) may appeal the rental value on which the licence fee is based to the board of revision, within 20 days of the giving or mailing of written notice of the rental value fixed by the assessor.
An appeal under subsection (4) shall be in writing, and shall state the grounds of the appeal and describe the premises, and the appeal shall be heard according to the rules of procedure that apply to appeals from assessments as set out in Part IV of The Municipal Assessment Act, with such modifications as the circumstances require.
The decision of the board on the appeal shall be mailed to all parties to the appeal together with written reasons for the decision.
The provisions of Part IV (Revision of Assessment) of The Municipal Assessment Act relating to appeals from the board of revision apply, with such modifications as the circumstances require, to decisions of the board under this section.
Where on appeal, the rental value of premises is changed so as to alter the amount of the licence fee. the fee shall be adjusted, and any increase shall be paid forthwith to the city, and any decrease refunded by the city.
The inspector of licences has the same powers for, and there shall be the same priority in, collecting the licence fees payable under subsection (2) as the tax collector has in collecting, and as exists for, business tax.
INFORMATION FOR ASSESSOR, AND INSPECTION BY ASSESSOR
Information to be given to assessor
A person or agent of a person whose premises are liable to assessment, and a person or agent of a person whose name appears on the last revised realty or business assessment rolls shall give to the assessor, in writing over the signature of the person or agent, if required, all information available to the person or agent with respect to rents paid or agreed to be paid, sale prices, terms and covenants in leases, construction costs, including the cost of alterations or repairs, insurance premiums or other operating or maintenance costs, or any other information necessary to enable the assessor to assess the value of any property or the annual rental value of any premises owned or occupied by the person, or shown on the rolls as owned or occupied by the person.
Every architect, contractor or builder who performs or supervises construction, alteration or repairs on any land, or the agent of such person, shall give the assessor all information available to the person or agent with respect to the cost of the work, and the information shall be in writing over the signature of the person or agent, where the assessor requests it in that form.
Every person, or an agent of a person, whose premises are assessed shall give to the assessor any further information as to the person or the land or premises owned or occupied by the person that the assessor may require for the purpose of preparing the realty assessment roll or the business assessment roll, and the information shall be in writing over the signature of the person or agent, where the assessor requests it in that form.
Any person who fails to deliver to the assessor a written statement required by the assessor under this Part, within one week after being required by the assessor in writing to do so, is guilty of an offence and liable, for each day the statement is not delivered, to a penalty prescribed by by-law.
Assessor not bound by statements
The assessor is not bound by a statement given under section 184, and shall make the assessments for the properties that the assessor considers fair and just, subject to the exemptions provided by by-law or statute.
For the purpose of making assessments and carrying out the other duties of the assessor, an assessor may, with the consent of the owner or occupier, enter and inspect any premises.
REALTY AND BUSINESS ASSESSMENT ROLLS
Completed rolls subject to revision
The realty assessment roll and the business assessment roll for any year shall be completed as early in the year as the assessor considers practicable, and each roll is subject to revision in accordance with the provisions of Part IV of The Municipal Assessment Act.
On completion of each of the assessment rolls, the assessor shall attach a certificate signed by the assessor and sworn or affirmed before a justice of the peace, a commissioner for oaths or the clerk, in the following form:
I (name) do swear (or declare, or affirm) that, to the best of my knowledge and belief, the attached assessment roll is correct, and that 1 have given and sent the notices required by law, and that the date of mailing the notices is correctly stated in the roll. So help me God. (The last four words are omitted where the party affirms). and the assessor shall then notify the council and the board of revision in writing that the roll is complete.
Where the assessment for any property or an assessment for business tax is in any year increased from the previous year, or is a new assessment, the assessor shall send by mail, or leave with the owner or occupier, or an agent of the owner or occupier, a notice of assessment staling in a summary form the reason for the increase.
Consolidation is not new assessment
Where in any year, two or more parcels of land owned by one person but previously assessed separately are consolidated and assessed at a sum equal to or less than the total of the separate assessments for the parcels in the previous year, the consolidated assessment is not a new assessment within the meaning of section 189.
Assessor to enter date of notice 191 The assessor shall enter in the assessment rolls the date on which each notice of assessment is mailed or delivered.
An assessment shown on either of the assessment rolls is not invalidated by a defect or error committed in the assessment or any other part of the roll, or by an error in, or a failure to mail, deliver or publish any notice.
Inspection of assessment rolls
The completed assessment rolls for the current year and for the two previous years shall be open to inspection by any person, on application at reasonable times.
Information for previous years
Where information relating to the assessment or taxes is required for other years, application shall be made to the tax collector and the fees for a search paid before the information is given.
Nothing in this Part affects a remedy provided by law against the assessor for any neglect or breach of duty.
Parts III (Board of Revision) and IV (Revision of Assessment) of The Municipal Assessment Act apply to The City of Winnipeg.
In this section and sections 197 to 203,
"board" means a management board, established under section 198; («conseil de gestion»)
"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 183; («entreprise»)
"zone" means an area of the city, designated by the council as a business improvement zone established under section 197; («zone»)
"zone levy" means an extra charge on the business assessment of all businesses located in a zone. («taxe de 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 under section 197,
(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 monies required to carry out its duties;
(i) establish procedures for the board to follow in mailing notices under subsection 200(2).
The council may by resolution remove any member appointed under 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.
Before 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 before 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, dale, agenda and place of the meeting; and
(c) file with council proof of compliance with the procedures prescribed under clause 198(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 200(4) On 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.
At least two weeks before 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, on 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 200(8).
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 under section 197, 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 197, the council may, by by-law, alter the boundaries of a business improvement zone.
Notwithstanding anything contained in this Act or in any other Act of the Legislature, and notwithstanding any appeal from an assessment set forth in the assessment rolls, the rolls, on being certified by the assessor, shall be valid and binding, but any necessary variation to conform to the final decision in any such appeal may and shall be made therein without affecting the validity and binding effect of the rolls.
The tax rolls in any year and all tax notices and demands for taxes for such year issued by the tax collector shall have the same validity as if the tax rolls had been prepared after the final disposition of all appeals against the assessment for such year; provided that the lax rolls shall be amended in conformity with the final decision in any such appeal, or with any change or correction made in the assessment roll under section 208, and the tax collector shall thereafter make such adjustment in the collection of taxes as are necessitated by such amendment.
The realty assessment roll and business assessment roll for any year as completed and certified by the assessor shall be held respectively to be the assessment rolls of the city for all purposes until a new roll in each case is made and certified, and where any reference is made in this Act or in any other Act applicable to the city or in a by-law to the "last revised assessment" or "last revised assessment roll", the terms shall mean the really assessment or realty assessment roll last made and certified, unless the context indicates that the terms apply to the business assessment, in which case they shall mean the business assessment or business assessment roll last made and certified.
COLLECTION OF REALTY AND BUSINESS TAXES
Preparation of realty tax roll
Forthwith after the passing of the by-law levying the rate, the tax collector shall make out a general tax roll in which he shall enter all the taxable property in the city comprised in the general assessment roll.
The general tax roll shall contain columns for all the information required by this Act or otherwise by law or by-law to be entered therein and shall set forth among other things
(a) the names of every person who or whose property is assessed in the assessment roll;
(b) the description of each piece of property assessed and the assessed value thereof;
(c) the amounts levied for every purpose, including those which are required by law or by the by-law imposing it, to be kept distinct and accounted for separately;
(d) the amount for which each person is chargeable for each purpose respectively;
(e) the total amount required to be paid by each person.
General tax roll may be in two parts
The tax collector in making out the general tax roll, may divide it into two parts, one to include the general and school taxes, and the other part to include all local improvement and other assessments chargeable, not based on the general rate; and such respective parts of the roll may be in the form of separate volumes or series of volumes or cards.
The tax collector, shall issue only one notice to each person appearing on the roll, which notice shall include the levies and assessments of every description appearing in both parts of the roll.
The general tax rolls may be in the form of a series of sheets or cards, and if such form be used the required information in regard to each parcel of land may be shown for a succession of years on the same sheet or card, or in such other manner as may be provided by by-law.
Whenever the term "realty tax roll" is used it shall be understood to mean the general tax roll, and the term "collector's roll", unless followed by the words "business tax", also means the general tax roll.
Business tax is debt due to city
After completion of the business assessment roll, the tax collector shall prepare a business tax roll, which shall contain the amount of taxes chargeable, at the rate prescribed by a by-law passed under subsection 180(2), on each assessment, and the amount chargeable is a debt due to the city by the party whose premises are assessed.
A copy of any assessment roll, or part thereof, certified a true copy under the signature of the assessor shall without proof of such signature be received in any court of law as prima facie evidence of the original.
A copy of any tax roll, or part thereof, certified a true copy under the signature of the tax collector shall without proof of such signature be received in any court of law as prima facie evidence of the original.
The production of any tax roll, or part thereof, showing taxes in arrears in respect of a person or property shall be prima facie evidence that such taxes are in arrears, as well as the mailing of the tax notice as required.
Tax rolls to be given to collector
When each of the tax rolls is completed it shall remain in the hands of the tax collector for collection and the tax collector shall forthwith proceed to collect the taxes as shown on the rolls.
Additions and alterations in rolls
Notwithstanding the provisions of subsection 191(1), if at any time after the assessment roll has been finally revised or the tax roll has been completed, the assessor reports to the tax collector that
(a) land liable to assessment has not been assessed;
(b) land which as a result of any change in ownership or use has become entitled to exemption or having been previously exempt has become liable to taxation; or
(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;
(d) the assessment of a building should be reduced because of any change in the physical condition of any building owing to fire or demolition, including later repairs or reconstruction consequent thereon; or
(e) a change of use in the property which results in a change of classification of the property for school tax purposes in accordance with the provisions of The Public Schools Act; the tax collector shall forthwith make the necessary changes to the current tax roll, and in making such changes regard shall be given to the proportion of the year that has elapsed before the changes took place.
If at any time after the assessment roll has been finally revised or the lax roll has been completed the assessor reports to the tax collector that any assessable building or part thereof has been in existence during the current year and either or both of the next two preceding years, but has not been assessed for all of the years during which it has been in existence, the lax collector shall forthwith make the necessary additions to the tax roll for the current year so as to levy the aggregate of the taxes which should have been levied in respect of the building or any part thereof for any or all of the years during which it was in existence but not assessed, but
(a) no assessment shall be made under this subsection having the effect of imposing liability on any person for taxes levied on property in respect of any year during the whole of which such person was not the owner of the property;
(b) no taxes shall be levied under this subsection in respect of more than three years including the current year;
(c) no assessment shall be made nor taxes levied under this subsection in respect of any building or part thereof by virtue of its having been in existence during any particular year if the tax collector has certified to any person that the taxes on the land on which the building or part thereof is situated have been paid in full for that year.
Where any changes have been made by the tax collector to the tax roll for the current year under this section, the tax collector
(a) shall advise the person liable to assessment and taxation of
(i) the amount at which the property has been newly assessed,
(ii) the portion of the year or years applicable, and
(iii) the reason for the change, and that information shall accompany the statement and demand for the payment of taxes;
(b) shall also include with the statement and demand a notice advising
(i) that the person liable to assessment and taxation may within 20 days from the date of the statement and demand referred to in clause (a) appeal to the Board of Revision against the amount of the assessment or classification under The Public Schools Act on which the tax as demanded was based, or against the person's liability to assessment in respect of the property;
(ii) the letter of appeal must be addressed to the secretary of the Board of Revision, and shall describe the property that is the subject thereof, state the grounds and nature of the complaint and the alleged facts on which it is based;
(iii) the secretary of the Board of Revision will advise the person sending in the letter of appeal of the date, time and place of the siding of the Board of Revision.
Board of Revision to hear complaints
The Board of Revision shall hear and determine the complaint in the same manner as it hears and determines appeals respecting revisions to the assessment roll.
Where no complaint is made or no proceeding taken under subsection (3) within the time limited therein, no action or other proceedings shall be brought in any court with respect to the amount of taxes demanded or the liability of any person to taxation.
The provisions of Part IV of The Municipal Assessment Act relating to appeals from the Board of Revision apply to this section.
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.
No tax increases without notice
Notwithstanding the power of the City Assessor to correct errors or omissions, no change, addition or correction shall be made that has the effect of rendering any person liable for increased taxes or for taxes in respect of property or premises for which that person was not previously liable, without the person being given reasonable notice, as directed by the board of revision, and an opportunity to be heard; and any such hearing shall be conducted and the decision of the board in the matter shall be given and be subject to further appeal in the same way in all respects as in the case of appeals against the assessment under Part IV of The Municipal Assessment Act.
Sections 772 to 776 (when taxes are payable) of The Municipal Act apply with such modifications as the circumstances require to the city.
The city may make regulations to provide for the issue and sale of tax prepayment receipts in such amounts, at such times, and at such discounts as the council shall prescribe; provided that
(a) such receipts may not be sold in any year after the dale on which the realty taxes for such year are demanded, and shall be accepted at their respective face values and as payments on account of taxes for the current year only; and
(b) the purchaser of any such receipt may indicate by endorsement thereon the property on which the person desires the sum represented by the receipt to be applied, and the tax collector shall not apply the sum to the taxes on any other property.
Non-payment of taxes after notice
In case of non-payment of taxes levied on any of the companies who have property in the streets deemed to be land as provided in section 172, or engines, boilers, dynamos or other plant for generating, transforming or distributing power, electricity or gas, after the tax collector has mailed the tax notice and demand as required herein, on resolution of the council authorizing it, the tax collector may leave a notice at the office or chief place of business of the company in the city notifying the company that, in case the taxes so in arrears are not paid within three months after the date of the leaving of the notice loans the company's office or place of business payment will be enforced by seizure and removal of the property of the company so defaulting which may be in the streets of the city or the plant and machinery.
Warrant may issue directing seizure
Immediately on the expiration of the three months' notice, the tax collector may issue a warrant to a bailiff or constable, directing the bailiff or constable to seize and take possession of the property of the company so defaulting and remove it from the street and sell it after giving notice by advertisement for 20 days.
Bailiff to take possession and sell
On receiving a warrant, the bailiff or constable shall forthwith take possession of such of the property of the defaulting company to which possession can be obtained, and shall sell it and return the proceeds to the tax collector, having first retained his own fees and charges, and the bailiff or constable may. in the execution of the warrant, employ such assistance as he shall consider necessary.
Subsections 227(9) and (10) and subsections 229(2) to (4) apply with necessary modifications to a seizure and sale of property under this section.
On all taxes remaining due and unpaid on the date or dates respectively fixed by by-law or by-laws of the council for the year in which such taxes were levied, there shall be added a penalty at a rate fixed by by-law and the rate shall not be less than. 5% per month on the amount of taxes so remaining unpaid.
The penalty shall be added at such time or times during the year in which the taxes are levied as council may provide by by-law and the by-law shall remain in force until it is repealed or amended.
The penalty imposed under the provisions of this section at the end of the year in which it is levied form a part of the unpaid taxes.
Application of section to all taxes
This section shall apply to all taxes, including business tax and those levied by special rate, such as frontage tax for street improvement, or otherwise.
Penalty applies in spite of appeals
Notwithstanding an appeal from an assessment set forth in the assessment rolls, the penalty provided for herein shall apply to all unpaid realty or business taxes whether paid before or after the final disposition of the appeal; and in the event of a reduction in the assessment resulting from the appeal, the tax collector, in adjusting the taxes under section 208 of this Act, shall allow the taxpayer interest on any excess taxes paid at the same rate as is provided for in this section as a penalty.
Application of tax arrear payments
Where taxes are in arrears, the year's taxes longest in arrears shall be first paid, unless there be a bona fide dispute as to the taxes in any particular year. In such last mentioned case the taxes on the land for years not disputed shall be accepted.
Where land in tax arrears subdivided
If satisfactory proof is given to the tax collector, or to the treasurer if proceedings to sell the land have been commenced, that a parcel of land on which taxes are due has been divided or subdivided, he may receive the proportionate amount of tax chargeable on any of the divisions or subdivisions and leave the other divisions or subdivisions chargeable with the remainder; and the tax collector or the treasurer, as the case may be, may in his records divide any piece or parcel of land in arrears for taxes into as many parts as the necessities of the case may require.
Where plans of subdivision cancelled
Where a plan subdividing land or any portion thereof has been or may hereafter be cancelled, in whole or in part, the land which, before the cancelling of the plan comprised any lot or lots, block or blocks, and the adjoining one-half of any street or streets, lane or lanes, bounding and immediately adjoining it, shall be and is liable for and chargeable with the total amount of the arrears of taxes charged against the lot or lots, block or blocks, so included in the area of the lands affected by such cancellation, and it may be sold for non-payment of the taxes.
The taxes accrued on land shall be a special lien on such land, having preference over any claim, lien, privilege or encumbrance of any party except the Crown, and shall not require registration to preserve it.
No judicial proceeding, change of ownership, or other act or thing shall defeat such lien.
The city shall have a first lien or charge on all the personal property of a person liable to the city for
(a) business tax; and
(b) tax levied upon or in respect of a leasehold interest in land, or in the right or interest in land of an occupier; and the city may levy the tax, in respect of which a lien is given by this section, with costs, by distress or sale of the goods and chattels or the interest therein of the person who ought to pay the lax, wherever they may be found.
Except as otherwise provided, on any assignment for the benefit of creditors, made by or on the bankruptcy of any such person or on a receiving or winding-up order being made in respect of the person referred to in subsection (1), the lien shall be on all the personal property passing under the assignment, bankruptcy, receiving order or affected by the winding-up order and the city shall have priority over any and all other fees, charges, liens and claims whatsoever; and any disposal of such property may be made by an assignee, trustee, receiver or liquidator only on payment to the city of the amount of such tax.
In the case of a distress for business tax all personal property in and on premises in respect of which the occupant has been assessed by way of business assessment, excepting as provided in subsection 227(4) shall be charged with the tax due while the occupant is so in possession, and the tax shall take priority over every other lien or claim; and the property may be levied upon by distress and sale as provided in section 227 for non-payment of taxes, but no distress or sale shall be made of goods or chattels the property of any person other than the person liable to pay the taxes if that person claims the goods and chattels.
The restriction on the distress and sale of goods and chattels the property of a person other than the person liable to pay the taxes does not apply to the interest of the person so liable in any goods and chattels in the possession of the person under a contract for purchase, or by which the person may or is to become the owner thereof on the performance of a condition.
Where the person taxed sells the business in respect of which the tax was levied, all the personal property passing by the sale continues, as against the immediate purchaser, to be subject to the lien and charge for any tax levied, and is liable to seizure and sale therefor.
Sheriff to pay taxes on notice
Where personal property subject to a lien for taxes, or liable to be seized for taxes as in this Part provided, is under execution or attachment or has been seized by the sheriff or a bailiff of the Court of Queen's Bench or by a landlord or landlord's bailiff, or by a person who has taken possession of the property by virtue of default under a security agreement, or by any other person or is claimed by or is in possession of any receiver or assignee for the benefit of creditors or trustee in bankruptcy, or is claimed by or is in the possession of a company in respect of which a liquidator has been appointed, or where such property has been converted into cash and is undistributed, it shall be sufficient for the tax collector to give the sheriff, bailiff, landlord, receiver, assignee, trustee or liquidator or other person notice of the amount of tax due, and in such case, notwithstanding the provisions of any other Act, the sheriff, bailiff, landlord, receiver, assignee, trustee, liquidator or other person shall pay the amount to the tax collector in preference and priority to any other and all other fees, charges, liens and claims whatsoever; except that in the case of a seizure by a landlord's bailiff, the legal fees of the bailiff, based on a seizure for an amount equal to the amount of the tax may be deducted.
Personal property of bankrupt liable
Personal property in the hands of a receiver, assignee, trustee or liquidator, as hereinbefore mentioned, shall be liable only for the taxes of the assignor, bankrupt or company which is being wound up and for the taxes levied in respect of the premises in which the goods were at the time of the assignment or winding-up order and thereafter levied in respect of the premises while the receiver, assignee, trustee or liquidator occupies the premises or while the goods remain therein.
Wages, in respect of services rendered to the person owing such business taxes during three months before the date when personal property passed from the person's possession, shall be payable to those entitled to the wages in preference and priority to the taxes.
Taxes, whether business or general, together with penalties for default in payment as provided for in section 212, may be recovered with costs in any court of competent jurisdiction in the province as a debt due to the city from any person by whom they are payable or in whose name they are assessed, in which case the production of a copy of so much of the tax collector's roll as relates to the taxes payable by such person, purporting to be certified by the tax collector as a true copy, shall be sufficient evidence of debt.
What property may be levied on
Any taxes may be recovered and may be levied on any real or personal properly.
Assets insufficient to cover tax
No person shall in any year carry on any business subject to business tax if the person is in default in the payment of any business tax assessed against the person for the next preceding year or part thereof, or of any licence or other fee in lieu of business tax for which the person is liable in respect of the next preceding year or any part thereof, and the city has issued a warrant of distress for any such tax or fee due by the person and no sufficient distress has been found from which the amount owing, including the cost of distress and sale, can be levied.
Each day's breach a separate offence
Every day in which any person carries on business contrary to. subsection (1) shall constitute a separate offence.
Lessee required to pay rent to city
Where taxes are due on or with respect to property occupied by a tenant, the lax collector may give the tenant notice in writing requiring the tenant to pay to the city the rent as it becomes due, from time to time, to the amount of the taxes due and unpaid and costs, and if the tenant fails or neglects to pay rent to the tax collector, the amount thereof may be recovered with costs in any court having jurisdiction, as a debt due by the tenant to the city; and the city may, subject to the exemptions provided by The Landlord and Tenant Act, levy the amount of the rent with costs by distress and sale of the goods and chattels of the tenant.
Payment by the tenant pursuant to the demand for recovery of the rent by the city shall have the same effect, as between the tenant and the landlord, as if the rent so paid or recovered had been paid by the tenant directly to the landlord, or other person entitled to it.
If the tenant of property pays a tax levied thereon, the tenant shall, unless the contrary is agreed to, have a right of action against the owner for the recovery, with interest and costs, of the amounts paid, or the amount may be retained and deducted by the tenant out of any rent or other sum due or accruing due for the use or occupation of the property.
Other methods of collecting tax
Nothing in this section shall prevent or impair any other remedy for the recovery of the taxes.
Insurance monies applied to taxes
When real property is damaged or destroyed by fire, lightning or explosion and taxes are unpaid on the property, or it has been sold for taxes and the city or the sinking fund trustees of the city is the holder of the tax sale certificate, the amount payable to a person under a policy of insurance on the property shall, to the extent of the unpaid taxes against the property, as well as an amount necessary to redeem the property from tax sale, be paid by the insurer on demand to the city or the sinking fund trustees, as the case may be, and in default the city or the sinking fund trustees, as the case may be, may sue for and recover from the insurer in a court having jurisdiction, the unpaid taxes and an amount necessary to redeem the land from tax sale.
Application of insurance monies
When personal property subject to a lien for business tax is damaged or destroyed by fire, lightning, or explosion and business taxes are unpaid, the amount payable to a person under a policy of insurance on the personal property shall, to the extent of the unpaid taxes against the property be paid by the insurer on demand to the city, and in default the city may sue for and recover the unpaid taxes from the insurer.
Limitation on insurance monies
Subsection (1) shall only apply to the extent of the amount of insurance money not used or to be used in or toward rebuilding, reinstating or repairing the property damaged or destroyed, or in or toward acquiring, setting up and repairing another building on the same site to take the place of the building totally or substantially destroyed by fire, lightning or explosion.
Insurer to notify tax collector
The insurer shall, within 48 hours after receiving notice of loss under a policy of insurance on any real property or personal property subject to business lax in the city, notify the tax collector by registered mail of such notice of loss and in such case shall not be liable as hereinbefore set forth unless demand for the taxes and amount, if any, required to redeem the property from tax sale be made by the city or sinking fund trustees within two weeks of such mailing.
Taxes due on and from January 1
The taxes or rates imposed or levied for any year shall be considered to have been imposed, and to be due, on and from January 1 of the year for which the taxes or rates are levied and end with December 31 of that year.
When a person neglects to pay general taxes for 30 days or business tax forthwith, after the mailing to the person, or to the agent of the person, of the notice required by this Act, the city shall have the right to levy the taxes, with costs, by distress and the sale of the goods and chattels, or of the interest of the person in the goods and chattels.
In the event of the sale by the person assessed, of the business in respect of which the assessment has been made, all the personal property passing by the sale shall, as against the immediate purchaser, continue to be liable to seizure and sale.
Business tax not charge on land
The business tax shall not be a charge on the land or building occupied, but the tax is levied in lieu of a tax on personal property.
Goods on assignment or for storage
No goods in the possession of the person taxed for the purpose only of storing or warehousing them or of selling them on commission or as agent shall be levied on or sold or subject to a lien or charge for taxes.
Levy to be made by tax collector
The levy mentioned herein shall be made by the tax collector of taxes, or the deputy tax collector, or a person appointed by either of them under hand and seal, who may levy, not only for the taxes and arrears, but also for the costs, on the same scale as provided under The Distress Act.
Notice shall be given by poster posted up in at least four of the most public places of the city, when and where the sale of goods and chattels distrained is to be made, giving at least eight days' public notice of the time and place of sale and of the name of the person whose property is to be sold, if known by the tax collector, or by publication of an advertisement containing the above mentioned particulars in one issue of a newspaper published in the city.
At the time named in the notice, the tax collector, or an agent of the tax collector, shall sell at public auction the goods and chattels distrained, or so much thereof as may be necessary.
Right of entry of seizing officer
When goods and chattels are enclosed or supposed to be enclosed by doors of houses, barns or outbuildings, cupboards or other closed places, whether enclosed by wall, fence, gate or otherwise, the seizing officer may open them, or cause them to be opened, in the presence of two witnesses, with all necessary force to effect the opening.
Disposal of surplus monies from sale
If the goods and chattels seized be sold for more than the whole amount of the tax levied for and the costs attending the seizure and sale, the surplus, on demand, shall be returned to the person entitled to it; and in case the surplus is not demanded, it shall remain in the hands of the treasurer, to be held for, and paid over on demand to, such person.
If the surplus referred to in subsection (9) is demanded by the person entitled to it within six years following the sale, it shall be paid to the person together with interest at 5% per year calculated from the date of the sale; but, if the surplus is not so demanded, it is not recoverable from the city.
Goods offered to public competition
All goods and chattels sold under the authority of this Act for the payment of taxes or other dues shall be offered to public competition, but the goods and chattels, or any other description of property publicly sold for taxes, need not be sold by a licensed auctioneer.
In any case where right of distress against goods and chattels is given for taxes in this Act, distress shall only be permissive and not compulsory for the city.
Application re alleged default
Any person whose goods or chattels have been distrained under this Act for alleged non-payment of taxes may, within 30 days of the distress or such further time as the court may allow, apply to the Court of Queen's Bench for an order under subsection (3).
Where, upon hearing an application under subsection (2), the court is satisfied that the applicant owes no arrears of taxes to the city or owes a smaller amount than the city has alleged, the court may
(a) order the return, if possible, of some or all of the distrained goods or chattels to the applicant; or
(b) order the city to make restitution to the applicant in an appropriate amount, including any monies reasonably expended by the applicant in applying for the order; or
(c) make such other order as is just under the circumstances.
Nothing in this section shall be construed to enlarge or extend the rights of any person to appeal an assessment as provided under Parts III and IV of The Municipal Assessment Act or as previously provided under Part 7 of this Act.
Whenever the whole or portion of a tax on land has been due and unpaid for more than one year after December 31 of the year in which the rate was struck, the lands shall be liable to be sold for arrears of taxes unpaid on the lands, up to the time of the making up of the list for sale, and the costs of advertising; and the tax collector shall, as often as directed by resolution of the council, submit to the mayor the list of all or a portion of the lands within the city so liable to be sold for arrears of taxes, with the amount of arrears against each lot or lots, block or blocks, acre, part or parts of an acre, or number of acres, set opposite them.
The mayor shall authenticate the list by affixing his signature, and the clerk shall then affix the seal of the city, and the list shall then be given to the treasurer with a warrant under the hand of the mayor and the seal of the city, commanding the treasurer to levy upon the lands for the arrears due on the lands, with costs.
Lands to be advertised and sold
The treasurer shall proceed to advertise and sell the lands included in the list.
The treasurer need not make inquiry, before effecting a sale of lands for arrears of taxes, to ascertain whether there is any distress on the land, nor shall the treasurer be bound to inquire into or form any opinion of the value of the land.
List of tax sale lands prepared
The treasurer shall prepare a copy of the list of lands to be sold and shall include therein the proportion of costs chargeable on each parcel for advertising and shall cause the list to be published in one issue of The Manitoba Gazette.
The advertisement must be published in The Manitoba Gazette not more than 60 days and not less than 30 days preceding the day of sale.
The advertisement shall contain a notification that, unless the arrears of taxes and costs be sooner paid, the treasurer will proceed to sell the lands for taxes at the time and place named in the advertisement.
Description of land in advertisement
Every advertisement shall specify the place, day and hour at which the sale will commence, and each lot or parcel of land, number of lots, block or blocks, acre, part or parts of an acre or number of acres, as the case may be, which shall be designated therein by a reasonable description or by stating the number of the registered instrument from which a description can be adduced or obtained, and the using of abbreviation for such description shall be sufficient if the lot or parcel of land can be distinguished thereby.
The sale shall take place at such place as the council shall by resolution or by-law appoint, or in the absence of such appointment, at such public place in the city as may be chosen by the treasurer.
When the title to land sold for arrears of taxes is vested in the Crown, the deed therefor, in whatever form given shall be held to convey only such interest as the Crown may have given or parted with, or may be willing to recognize or admit that any person possesses under any colour of right whatever.
Omission to include in the list any land liable for sale shall not be held to prevent the sale of the land on any future occasion for all arrears of taxes that may be due thereon.
Redemption of land improperly sold
When it appears that land has been improperly sold for taxes, or if for any other reason council considers it expedient to direct the redemption of any land sold for taxes, the treasurer shall, on resolution of the council, redeem them.
The redemption by the treasurer shall have the effect of restoring the land, including its liability to taxes, to the position in which it stood before being placed on the list for sale.
Redemption of lots assessed together
When two or more parcels of land have been assessed together, they may be advertised and sold together; but the owner of any such parcel may redeem it within the time hereinafter provided, on payment of a proportionate part of the taxes and charges for which the parcels were sold, together with a proportionate part of the interest or penally required to be paid on the redemption of them.
If at any time appointed for the sale of the land no bidders appear, or the bidding in the judgment of the treasurer is not satisfactory, or the sale cannot be finished during the day fixed for the sale, or for any other reason, the treasurer may adjourn the sale from time to time, from the date fixed for the sale or from the date of the last adjournment.
Land to be sold to highest bidder
At the place and time appointed for the sale of the land, and if the arrears of taxes and costs have not been previously paid or collected, the treasurer shall offer the land for sale by public auction, and in doing so the treasurer shall make and declare the amount stated in the last amended list in his hands, plus the penalties to date of sale, as the arrears of taxes due, together with the costs, and shall then sell them to the highest bidder or to a person who is willing to lake it, there being no higher bidder, but subject to redemption as hereinafter provided; and the amount of arrears of taxes stated in the advertisement, plus the penalties to date of sale, shall in all cases be held to be the correct amount due.
Offer to sinking fund trustees
Notwithstanding anything elsewhere contained in this Act, the treasurer may, at the place and time appointed for the sale of land, and if the arrears of taxes and costs have not been previously collected, and before offering the land for sale by public auction, sell the land in one parcel to the sinking fund trustees of the city for the amount of arrears of taxes and costs against the land; and the trustees shall have power, subject to the limitation provided in this Act as to the amount of investment, to purchase them at such price, but the sale shall be subject to redemption as provided in this Act, and shall, except in so far as otherwise specifically provided, be subject to the other provisions of this Act relating to the sale of land for arrears of taxes in so far as they may be applicable.
The treasurer, after selling the lands to the sinking fund trustees shall, on receipt of the price and without any additional charge, give a certificate of sale under his hand and the seal of the city in the following form or the like effect:
I hereby certify that, under the provisions of The City of Winnipeg Act, I have this dale sold for arrears of taxes and costs to the Sinking Fund Trustees of The City of Winnipeg those certain pieces or parcels of land and premises situated in The City of Winnipeg, in Manitoba, specified and described in the annexed schedule, which shall be deemed to form a part this certificate, for the price or sum of $ being the total amount of arrears of taxes and costs due on the land.
Dated this day of, 19.
(This must be the actual date of sale. )
Treasurer of The City of Winnipeg.
Schedule annexed to certificate
The schedule to be annexed to such certificate of sale may be in the following form, or to the like effect:
SCHEDULE
Schedule of land sold for arrears of taxes and costs by The City of Winnipeg to the Sinking Fund Trustees of The City of Winnipeg, under the provisions of The City of Winnipeg Act referred to in certificate of sale dated the day of, 19 .
Schedule amended as parcels redeemed
The schedule may consist of a series of sheets, each including one or more parcels of land and
(a) when any parcel or portion of a parcel of land is redeemed the treasurer shall, on the production of the certificate of sale, make an entry or notation on the sheet on which the parcel or portion of a parcel is entered, showing the date of redemption, and shall delete the parcel or portion of parcel from the sheet, all such notations and deletions being made and initialled by the director of finance;
(b) when all the parcels entered on the sheet are redeemed the treasurer shall remove the sheet from the schedule, and the schedule shall show and include from time to time only those parcels which have not been redeemed within the period of two years from the date of sale.
The treasurer may offer the land for sale in different lots or parcels.
When land liable to be sold for taxes has been subdivided so that different persons are the owners of different portions of a single lot or parcel, the treasurer may offer the land for sale in accordance with the divisions of them which represent the actual ownership, so that the land of each separate owner shall be separately offered for sale.
When a single lot or parcel of land is owned by different parties and assessed in separate parts or portions, each separate part or portion may be sold for the taxes in arrears thereon respectively.
Land sold for less than amount due
If the land, when put up for sale, will not sell for the full amount of arrears of taxes and costs, the treasurer may then and there sell for any sum the treasurer can realize, and shall accept such sum as full payment of arrears of taxes and costs.
Where land is sold for less than the full amount of arrears of taxes and costs, the owner of the land so sold shall not be at liberty to redeem them except on payment to the treasurer of the full amount of arrears of taxes and costs, together with the additional penalties for redemption.
Purchaser to receive purchase money
In the event of redemption as aforesaid, the purchaser shall be entitled to receive from the treasurer the amount of his purchase money with the additional penalties thereon and on the taxes paid by the person redeeming, as provided by this Act.
The city may, at such sale, bid up to the amount due thereon for arrears of taxes and costs, and may become the purchaser thereof or of any number of lots advertised for sale.
Prior right of city to purchase
The city has a prior right to bid up to the amount due thereon for arrears of taxes and costs and to become the purchaser thereof even although a greater sum than the arrears of taxes and costs is offered by another bidder.
Where the council proposes to exercise the prior right of the city as provided in subsection (5) and become the tax purchaser of any of the land, the tax sale advertisement required under this Part shall contain a notification to that effect and shall identify the land in respect of which the city intends to exercise its prior right.
Purchase money need not be paid
Where the city is declared the purchaser, it shall not be necessary for any payment of the purchase money to be made, and in such case a certificate of sale shall be issued to the city by the treasurer, and so far as may be, the provisions of this Act with reference to redemption shall apply to such sales.
The city may at any time sell and transfer the certificates, but in no case shall a certificate be sold for less than the land was bought in for by the city.
Continuing liability to assessment
Until the time for redemption as herein provided has elapsed, the land so purchased by the city or by the sinking fund trustees shall continue liable to assessment and taxation in the name of the former owner as if it had not been so purchased.
Purchaser to pay arrears and costs
If on a sale for arrears of taxes the land is sold for a greater sum than the arrears of taxes and costs, the purchaser shall only be required to pay at the lime of sale the amount of the arrears and costs, and the balance of the purchase money shall, in case the land is not redeemed from tax sale, be paid to the treasurer within one month after the district registrar notifies the tax sale purchaser that he is prepared to issue a certificate of title as provided for in this Act.
If the balance of purchase money is not paid by the purchaser or the assigns of the purchaser within the time prescribed in subsection (1), the purchaser and assigns of the purchaser forfeit all claim to the land and to a certificate of title for the land, and to the sum paid at the time of sale, or later for taxes, costs or otherwise, and the land shall cease to be affected as if it had been redeemed.
Certificate given where balance paid
If the balance is paid, the treasurer shall, on demand by the person paying, and on payment to the treasurer of a fee of 50 cents, give the person a certificate over the signature of the treasurer showing the payment, and the treasurer shall, on demand by a person whose land has been sold for taxes, or by anyone interested in the balance, and on payment to the treasurer of a fee of 50 cents, give the person a certificate showing whether the balance is paid in and, if paid in, the amount of the payment.
Certificate evidence of payment
A certificate of payment issued hereunder shall be sufficient evidence of the payment in proceedings in the land titles office.
If the purchaser of a parcel of land fails to pay to the treasurer immediately, on account of the purchase, the amount claimed for arrears of taxes and costs, or such lesser sum as the purchaser may have purchased for, the treasurer may forthwith again put up the property.
The treasurer, after selling any land for taxes, shall, without additional charge, give a certificate under his hand and the seal of the city in the following form, or to the like effect:
I hereby certify that, under the provisions of The City of Winnipeg Act, I have this day sold for arrears of taxes and costs, to A. B., of the of in the of that certain piece or parcel of land and premises situate in The City of Winnipeg, in Manitoba, and being composed of (describe the land), for the price or sum of dollars.
Dated this day of, 19.
(This must be the actual date of sale. )
Treasurer of The City of Winnipeg.
Where the land has been sold for more than the amount of taxes as advertised, the above certificate shall be modified by leaving out all after the description of the land and before the dating clause, and inserting instead the following:
For the price or sum of dollars, of which the sum of dollars, being the amount of arrears of taxes and costs for which the land was sold, has been received, and the balance shall be paid to the treasurer within one month after the district registrar notifies the tax sale purchaser that he is prepared to issue a certificate of title for the land, on being satisfied that the purchase money therefor has been paid in full. In case the balance is not paid within the time required, all claims to the land and to the money already paid shall be forfeited by the holder hereof.
A certificate provided for in subsection (1) may be assigned by endorsement on the back or on a paper attached to it, in the following form, or to the like effect:
I hereby assign and transfer this certificate (or the attached certificate or certificates) to and the assignment shall be signed by the person in whose favour the certificate is issued, or by any subsequent assignee.
The production of a certificate so transferred shall entitle the assignee to all the rights of the original holder, both as to land and to the redemption money, and for the purposes of this Act the assignee shall be deemed to be the purchaser of the land described in the certificate issued at the sale.
Tax purchaser to assign rights
At any time before the issue of a certificate of title for tax sale land, a person who has an interest in, or charge on, the land may require the tax purchaser to assign to the person the tax sale certificate and all rights under the certificate and in the land.
Person having right to assignment
The right to require an assignment belongs to, and may be enforced by, each person having an interest or charge; and as between persons having interests or charges, the requisition of a person who has the prior interest or charge prevails over the requisition of a person who has a subsequent interest or charge.
Before being obliged to assign a tax sale certificate, a tax purchaser is entitled to demand an abstract of title, or certificates, showing the state of the title and the various registrations, and also proof, by statutory declaration, of the existence of the interest or charge claimed by the person making the requisition.
The amount that the person having an interest in, or charge on, the land shall be obliged to pay for the assignment is the amount required to redeem the land at the date of the assignment, together with the costs incidental to the assignment, to be taxed by the district registrar.
Assignment of tax sale certificate
Notwithstanding anything in this Act or in any other Act of the Legislature, at any time before the issue of a certificate of title for tax sale land the tax purchaser may assign to any person the tax sale certificate and all rights under the certificate and in the land.
Whether or not a tender of the amount mentioned in subsection (3) is first made, the tax purchaser or a person who has an interest in, or a charge on, the land may apply to a judge of the Court of Queen's Bench in respect of a requisition made or question arising under this section.
Where, on an application, it appears that a third person is, or may be interested in the matter, the judge may require notice to be given to that person so that the person may be bound by the order made.
The judge may hear and determine the matter in a summary way, and may make an order directing payment into court, or a tender and the execution of an assignment of the tax sale certificate and all rights thereunder and in the land, or such other order as appears just; and the judge shall order how, and by whom, all or any of the costs of the application shall be borne and paid.
Purchaser has rights of an owner
The purchaser, including the city purchasing, shall on receipt of the certificate of sale from the treasurer become the owner of the land so far as to have all necessary rights of action and powers for protecting it from spoilation or waste, until the expiration of the term during which the land may be redeemed, but the purchaser shall not, nor shall the purchaser permit any other person to, injure or commit any waste of the land.
The purchaser shall not be liable for damage done without his knowledge to the property during the redemption period, and shall have the right to pay taxes on the land after the expiration of 60 days from the date on which the taxes are demanded by the tax collector and to be reimbursed for the taxes, as provided in this Act.
Right to enter unoccupied land
When land is sold at a tax sale to the city or the sinking fund trustees of the city, the city or the trustees shall have the right, in case the land becomes wholly unoccupied during the redemption period, to enter into possession thereof and from time to time rent it and expend such monies as may be reasonably necessary to keep any buildings thereon in repair, or to secure it against spoilation or waste, or to place a caretaker in charge, the expenses thereof to be deducted from any rent received or added to the taxes thereon, but the net revenue after such deductions shall, in the event of the land being redeemed, be a credit to the owner on account of the monies required to redeem.
Proceedings to collect for waste
If a person commits waste on land purchased by the city or the sinking fund trustees, the tax purchaser may serve a notice on the person committing waste, complaining thereof and requiring the person to appear before a judge of the Court of Queen's Bench to answer the complaint, and the judge shall hear the complaint and may order the person committing waste to restore the land and replace any property removed from it, or to pay to the tax purchaser the amount of damage caused to the land and the value of property removed, together with costs, forthwith or at such times and in such amounts as the judge determines; and in default of payment the judge may order the distress and sale of the goods and chattels of the person to realize the amount, together with the additional costs occasioned thereby.
Statement to be signed by purchaser
Every tax purchaser, at the time of sale, and before being given the certificate of sale, may be obliged to sign a statement setting out the tax purchaser's full name, occupation and post office address, and the statement shall be preserved by the treasurer with the other books, documents and papers connected with the sale.
Except for local improvement charges, the council may, by by-law, cancel in whole or in part any taxes or any debt or monies owing to the city.
Return made to district registrar
The treasurer shall, within one month after a sale of land for taxes has been held by the city, return to the district registrar a statement certified by the treasurer showing all land that was sold at the sale.
District registrar may provide form
The district registrar may provide a form for the use of the treasurer under subsection (1), and may include in the form any particulars not provided for by the subsection, and the treasurer shall be bound to fill up and return the form to the district registrar within the required time.
Grant of certificates, and fee
The district registrar shall have the right to grant certificates based on the statements, and to charge a fee of 25 cents for each certificate not containing more than five lots or parcels, and a further fee of 10 cents for every additional 10 lots of parcels, or fractions thereof.
Liability of district registrar
The district registrar shall be liable in damages for any error in any such certificate and the provincial treasurer shall pay all judgments recovered against the district registrar on account of such liability.
The city shall be liable to the district registrar or to the assurance fund for all losses and damages sustained on account of incorrect certificates given by the district registrar as the result of an error in the statement furnished by the treasurer.
Redemption of land sold at tax sale
The owner of any land which is sold for non-payment of taxes or costs, or the heirs, executors, administrators, successors or assigns of the owner or any other person or the city on his or their behalf may within one year from the day of sale, redeem the land by paying or tendering to the treasurer the following monies:
(a) the amount originally paid by the tax sale purchaser and any subsequent taxes paid by that person on the lands, and a sum by way of penalty calculated at 10% of the total of the full amount for which the land is advertised and sold;
(b) a penalty at a rate per month fixed by by-law of council for each month elapsed since the date of sale to the date of redemption on the original amount and on the subsequent taxes paid by the tax purchaser on the lands;
(c) a sum fixed by by-law of council for notice of redemption to the purchaser.
Where the tax sale purchaser pays any taxes accrued subsequent to the taxes for which the land was sold, the party redeeming the land shall also pay to the treasurer the amount of the subsequent taxes so paid by the tax purchaser together with an additional sum by way of penalty which shall be computed on the amount of the subsequent taxes at the percentage rate provided in subsection (1) as applicable to and payable on the arrears of taxes and costs for which the land was sold.
Arrears subsequent to tax sale
Before giving a certificate of redemption, the treasurer shall demand from the parties so redeeming, all arrears of taxes on the land subsequent to the taxes for which the land was sold.
The treasurer shall give the party so redeeming a certificate of redemption, under the hand of the treasurer, which shall be evidence of the redemption and may be registered in the land titles office without an affidavit of execution and may be in the following form:
I hereby certify (describing the land), sold for taxes on the day of, 19, was this day redeemed by on behalf of, and that I have received from, in full payment of the redemption, the sum of dollars.
Dated this day of, 19.
Treasurer of The City of Winnipeg.
The certificate shall be made in duplicate, and one of them shall be kept in the office of the treasurer.
For the purpose of this Act, the day of sale shall be the day on which the sale is advertised to take place, without reference to an adjournment or adjournments; and a lot or parcel of the land sold may be redeemed by payment of a proportionate amount of the arrears of taxes, costs and penalties, if the land sold was composed of more than one lot or parcel according to a survey or plan; and this section shall apply as well to redemption taking place through the district registrar as through the treasurer.
From the time of payment of the full amount of redemption money as required in this Act, all rights and interests of the purchaser in the land shall cease.
The treasurer immediately after the redemption of any land, and after deducting by way of penalty a sum calculated at a percentage rate of 10% on the total of the full amount for which the land was advertised and sold, shall notify the purchaser, or the assignee of the purchaser, of the redemption by letter mailed, prepaid and registered, to the purchaser at his post office address, if any, as given in the statement signed by the purchaser at the time of the sale.
The treasurer shall, on delivery of the certificate of sale for taxes and assignment thereof, if any, pay the redemption money or the portion that the applicant may be entitled to, and in case of the loss of the certificate the redemption money, or so much of the money as the applicant is entitled to, may be paid over on security that is satisfactory to the council.
Land redeemed sold to sinking fund
Where land redeemed is sold to the sinking fund trustees, the trustees shall produce to the treasurer the certificate of sale in which the land is included, and after making the appropriate notations and deletions on the schedule, showing the date of the redemption, the treasurer shall pay to the trustees the redemption money or the portion of it that the trustees may be entitled to receive.
When sales of land for arrears of taxes are set aside or declared illegal or void, the amount paid by the purchaser at the sale, and subsequently for taxes or otherwise, shall be a lien on the land and payable by the owner to the tax purchaser or to a proper representative of the tax purchaser.
If the land is not redeemed within one year from the date of sale, the treasurer shall, immediately after the expiration of one year, forward to the district registrar a return, certified under the hand of the treasurer, showing
(a) all land that was sold at the sale and not redeemed;
(b) the persons to whom the land was sold;
(c) the amount of taxes and costs for which the land was sold;
(d) the taxes paid by the tax purchaser since the sale and before the expiration of the one year; and
(e) such other information as the district registrar may require.
The return to the district registrar shall, in actions or proceedings in the courts, and for the purpose of proving title under The Real Property Act, except as hereinafter provided, be conclusive evidence of
(a) the validity of the assessment of the land;
(b) the levy of the rate;
(c) the sale of the land for taxes and all proceedings leading up to the sale; and
(d) that the land was not redeemed at the end of the period of one year.
Redemption before issue of title
Notwithstanding anything to the contrary in this Act, a person having an interest in a parcel of land included in the return to the district registrar, or a person on behalf of the person, may loans any lime after one year from the date of the sale and before the issue of title pursuant to the sale, redeem the parcel of land by paying to the district registrar
(a) the amount originally paid by the tax sale purchaser and any subsequent taxes paid by the tax purchaser on the land, and a sum by way of penalty calculated at 10% of the full amount for which the land was advertised and sold;
(b) a sum by way of penalty amounting to. 75% per month for each month elapsed since the date of sale to the date of redemption on the original amount and on the subsequent taxes paid by the tax purchaser on (be land;
(c) the costs which the applicant has been put to in proceeding to obtain title, including attorney's fee, if any, and all fees due to the district registrar with respect to the application which costs and fees may be fixed and taxed by the district registrar, whose decision shall be final.
District registrar may issue title
On the redemption by a person other than the registered owner taking place, the district registrar may proceed with the application and issue title thereunder to the person that the district registrar may find entitled thereto, in the same manner as if the application had been made by the person so found entitled.
The district registrar shall not at any time authorize or permit the redemption of any land from a tax sale unless the person wishing to redeem the land produces to the district registrar a receipt showing that all taxes due and payable in respect of the land subsequent to the tax sale, or latest tax sale, other than taxes owing for the current year, are paid.
Notwithstanding section 245 and subsection (1), but subject to subsection (5), the city, if authorized by by-law, may enter into an agreement in writing with an owner of, or a person who has an interest or estate in, or a charge on, land that has been sold for taxes, for the redemption of the land from the tax sale and the payment of all taxes payable in respect of the land subsequently accrued to the date of the agreement and during the currency of the agreement, by instalments.
An agreement made under subsection (4) shall provide that all monies paid to the city under the agreement become the property of the city, even if the land is not completely redeemed from tax sale and even if the subsequent taxes accrued and payable up to the date of the agreement and the taxes annually charged against the land during the currency of the agreement, are not fully paid, and shall also provide
(a) for the payment by the owner on or before
(i) December 31, or
(ii) the date fixed by by-law under subsection 772(2) (fixing of earlier date) of The Municipal Act, of the year in which taxes are levied, of the taxes annually levied against the land during the currency of the agreement; or
(b) for the payment by the city, on or before
(i) December 31, or
(ii) the date fixed by by-law under subsection 772(2) of The Municipal Act, of the year in which taxes are levied, of the taxes annually levied against the land during the currency of the agreement and for the addition of the amount so paid by the city to the amount to be paid by the owner to redeem the land from tax sale.
Where an agreement is entered into under subsection (4), the treasurer shall forward a copy of the agreement to the district registrar, who shall enter in the records of the land titles office a memorandum that the agreement for redemption has been made.
Certificate of redemption to L.T.O.
Where redemption from tax sale is effected in any manner except as provided in section 245 or subsection (1), the treasurer shall certify the fact in writing under the seal of the city to the district registrar and the district registrar shall enter, in the records of the land titles office, a memorandum that the land is redeemed from the tax sale and the memorandum is binding on the city notwithstanding any error in the certificate given by the treasurer.
Effect of default under agreement
Where default is made under an agreement made under subsection (4), the tax applicant, before title issues in the tax application, shall file with the district registrar a statement showing the amounts paid under the agreement and the district registrar, to permit the remedying of the default and the reinstatement of the agreement, may postpone the issue of title to the tax applicant for any period of time not exceeding one year after the date when default is made.
Any payment made to the city, before or after the coming into force of this Act, on account of redemption of land from tax sale made without an agreement as provided in this section is the property of the city even if redemption from the tax sale is not effected.
Power to assign tax sale certificate
Notwithstanding the making of an agreement under this section for the redemption of land from tax sale and the payment of subsequent taxes by instalments, the city may assign the lax sale certificate and all its right thereunder and in the land to any person, but the assignee thereof shall observe and perform all the provisions of the agreement for redemption, required to observed and performed by the city.
The making of an agreement under this section for redemption of land from tax sale and the payment of subsequent taxes does not, where default is made under the agreement, prejudice, alter or affect any remedy of the city to enforce payment of the taxes.
The district registrar shall enter in a register a memorandum indicating the redemption of land or parcel of land, and the land or parcel shall accordingly stand redeemed from the time of the payment, and the district registrar shall forward to the treasurer a notice stating that the land or parcel has been redeemed.
The district registrar shall deduct from the payment made to him any fees due him, and forthwith pay the balance to the tax purchaser or the assignee of the tax sale certificate on demand, provided that no payment of any redemption money shall be made by the district registrar unless and until the original certificate or purchase is surrendered to the district registrar, but in case of the loss of the certificate the redemption money may be paid on security being given satisfactory to the district registrar.
Money not subject to attachment
While the monies or any portion of them remain in the hands of the district registrar, they shall not be subject to attachment or garnishment proceedings.
Title to land by virtue of a tax sale shall be procured only in the manner hereinafter provided.
Tax purchaser's title application
Any tax purchaser desiring to secure title to land purchased at a tax sale may make application to the district registrar at any time within two years after the date of the expiration of one year from the day of sale, and the application shall in all respects be deemed to be, and shall be dealt with by the district registrar, as an application to bring land under The Real Property Act, or for a transmission under that Act, as the case may be; and, subject to subsection (7), if the tax purchaser fails to make application within two years, the tax purchaser shall forfeit all claim as tax purchaser to the land or to the part of the land as may not be applied for, as well as to the amount paid thereon loans the time of sale, or for subsequent taxes, and the land, or the part of land, shall then cease to be affected by the sale as if it had been redeemed.
The city or the sinking fund trustees may, whether before or after making application for title under this section, sell and transfer its interest in either the whole or portion of the land described in a certificate issued to it and assign its interest as tax sale purchaser in any land covered thereby, to any person.
The district registrar, on the filing of the assignment, shall proceed with an application previously made by the city or the sinking fund trustees as if the assignee had been the original applicant, and shall issue title to the land in the name of the assignee or the person to whom the assignee may by direction require the title to be issued.
An assignment by the city shall be valid if evidence by the signature of the mayor and treasurer and an assignment by the sinking fund trustees shall be valid if approved by the city.
When the interest of the city or the sinking fund trustees in a portion only of the land described in a tax sale certificate has been assigned, sold and transferred, it shall not be necessary for the assignee to file the certificate in the land titles office but the city or the sinking fund trustees shall produce it to the district registrar who shall endorse thereon a memorandum showing what portion of the land described in the certificate is affected by each assignment, sale or transfer.
As soon as the city or the sinking fund trustees shall have assigned, sold or transferred all its interest in a certificate and the land covered thereby, the certificate shall be deposited and left at the land titles office to be filed.
Where, on an application for title to any parcel of land, the value of the land shown by the then last revised assessment roll of the city is $2, 000. or less, the district registrar shall not take notice of an irregularity in the tax rolls or in any of the proceedings relating thereto, but a certificate from the treasurer shall be furnished showing the years for which there were taxes due and in arrears for which the land was sold and the amount of the then last revised assessed value of the land, and the district registrar shall cause to be sent by registered mail to all persons appearing to be the persons who, other than the tax sale purchasers or their assigns, are interested in the land, a notice requiring them or any of them to contest the claim of the lax purchaser or redeem the land within the time limited by the notice, by paying the necessary amount for that purpose; and the notice shall be in the following form. or to the like effect:
THE REAL PROPERTY ACT
AND THE CITY OF WINNIPEG ACT LAND TITLES OFFICE, DISTRICT OF WINNIPEG
The City of Winnipeg, or the Sinking Fund Trustees of The City of Winnipeg, has applied to be registered as owner, under the above Act, of the land described at the foot hereof, and the district registrar has directed notice of the application to be mailed to you as a person appearing to be interested. The applicants claim title to the land by virtue of a sale of the land for taxes by the City of Winnipeg and you are hereby required to take notice that unless you redeem the land under the provisions of The City of Winnipeg Act or take other proceedings to stop the issue of a certificate of title to the applicants within three months from the date of mailing of this notice, a certificate of title will issue to the applicants or to persons whom they may appoint, and you will thereafter be forever estopped and debarred from setting up any claim to, or in respect of, the land. Particulars regarding redemption may be obtained at the office of the district registrar.
Dated at the Land Titles Office at Winnipeg, this day of, 19.
Land referred to:
Deputy District Registrar, Land Titles District of Winnipeg.
The sending of the notice by registered mail to the person or persons appearing to be interested in the land, shall be deemed to be as good and sufficient service as if personal service had been effected on every such interested person or persons.
All persons to whom the notice referred to in subsection (7) is sent, failing to comply with the requirements of the notice within the time limit, shall be forever estopped and debarred from setting up any claim to or in respect of the land referred to, and the district registrar shall register The City of Winnipeg, or other person claiming to be entitled thereto as the owner of the land, and shall issue a certificate of title therefor under The Real Property Act to the owner for such land or parcel thereof, and the certificate of title shall in every respect have the same effect as, and be considered to be, a certificate of title issued under The Real Property Act, and thereafter no person, except the City of Winnipeg or such other person or those claiming through or under the City of Winnipeg or such other person, shall be deemed to be entitled to the land included in the certificate of title or to any part thereof, or to any interest therein or lien thereon, whose rights in respect thereof accrued before the issue of the certificate of title.
No action shall lie or be maintainable under The Real Property Act or any other Act for any damage that may accrue by reason of any of the provisions of subsections (7) to (9).
Extension of time for application
Where an agreement for redemption of land from tax sale has been entered into under section 255, the time within which a lax sale purchaser of the land at the tax sale shall apply to bring the land under The Real Property Act or for transmission under that Act shall be extended for a period of two years after default is first made under the agreement.
When the city or the sinking fund trustees desires to withdraw an application for title filed by either of them, the district registrar may withdraw the application and cancel any memorials of the registration on receipt of a withdrawal under the corporate seal of the city or the sinking fund trustees, as the case may be.
After the expiration of three months from the day of service of the last notice required to be served by or on behalf of the applicant, in cases where notice has been directed to be served, and in other cases after the expiration of three months, from the filing of the application, if the land is not redeemed, the district registrar, on being satisfied that the purchaser is entitled, subject to paying the balance, if any, of purchase money, to receive a certificate of title to the land comprised in the application or parcel thereof, shall notify the purchaser that the district registrar is prepared to issue a certificate of title under The Real Property Act to the applicant for the land or parcel on being satisfied, by the production of a certificate from the treasurer that the purchase money for the land has been paid in full by the purchaser, and shall, on being so satisfied, issue a certificate of title to the applicant, and the certificate of title shall in every respect have the same effect as, and considered to be, a certificate of title issued under The Real Property Act, and thereafter no person, except the tax purchaser or those claiming through or under the tax collector, shall be deemed to be entitled to the land included in the certificate of title or to any part of it, or to any interest therein or lien thereon, whose rights in respect thereof accrued before the issue of the certificate of title.
In any action brought against a district registrar for damages under The Real Property Act by any such person claiming to have been so rightly entitled before the issue of the certificate of title, and who has not been served with notice under this Act, or The Real Property Act, of the application for a certificate of title, it shall be incumbent on the person to prove that the land was improperly sold for taxes, and that the tax sale as regards the land was, or should be declared to be void.
Registrar not obliged to enquire
The district registrar shall not be obliged to ascertain or enquire into the regularity of the tax sale proceedings or any proceedings before, or having relation to, the assessment of the land.
The return furnished to the district registrar by the treasurer shall be sufficient authority to justify the district registrar in taking proceedings as provided herein, and the district registrar shall be bound in all cases to proceed as provided above unless it is shown, to the satisfaction of the district registrar, that the land in respect of which the application is made for a certificate of title was not liable to the imposition of any portion of the taxes for which the land was sold, or that all the taxes have been paid.
Several parcels in one application
Where the city is the tax purchaser, it may apply for a certificate of title under this Act, and may include in one application any number of parcels according to the same survey or plan.
Value of land does not exceed $100
In all cases of applications by a tax purchaser for title to land sold for taxes, in which the value of the land in the application does not exceed the sum of $100., the fee payable to the district registrar, including contribution to the assurance fund, shall not exceed $2. 50.
After the expiration of two years from the date of sale, the tax purchaser may pay to the district registrar any arrears of taxes due on the land, on furnishing to the district registrar a statement of the treasurer showing the amount of such arrears.
Except where title is to issue in the name of the city, the district registrar shall, before issuing a certificate of title on a tax application, ascertain and collect all arrears of taxes due on the land and, when collected, shall forward them to the treasurer.
On title to a parcel of land issuing in the name of the city by virtue of the land having been sold for taxes, the title of the city to such land shall thereafter be indefeasible and the previous owner or owners shall have no further right to possession thereof or claim in respect thereto.
Building restriction covenants
When land affected by building restriction covenants is sold for taxes, it shall be deemed to have been sold subject to the restrictions provided by such covenants, and when the title to the land shall be vested in the tax sale purchaser such title shall pass subject to the burdens and together with the benefits expressed or implied by the building restriction covenants.
In the event of a certificate of title issuing, or that has already been issued, in the name of the city in respect of land sold for taxes subject to any building restrictions under agreements filed by way of caveat, or however otherwise arising, imposed, created, filed or registered, shown on the certificate, the city may, by by-law passed by a two-thirds majority of the council present, remove any such building restrictions and the filing of the by-law in the land titles office shall be authority for the removal of every such restriction and for the removal or cancellation of every caveat, memorial, document, instrument or covenant by which the restriction was created, reserved, evidenced, filed or registered in so far as it affects the land; provided that no by-law shall be passed until notice of it is mailed to each of the owners of the property covered by the caveat, at least 30 days before the passing of the by-law.
In addition to the requirements of subsection (2), no by-law shall be passed under subsection (2) unless notice thereof has been given, (a) by publishing a copy thereof in at least two newspapers having a general circulation in the city each week for at least two weeks;
(b) by posting a copy thereof on or near to the land, subject to the building restrictions for at least two weeks; and
(c) in any other manner the council considers advisable; before the passing of the by-law.
Account of surplus tax sale funds
The treasurer shall keep a separate account of all sums paid as a balance of purchase money on land sold for more than the amount for which it is advertised, and shall enter in a book the amount received over the arrears of taxes and costs, a description of the land sold, and the dates of sale and receipt of the balance; and the aggregate amount of the balances so received shall form a distinct fund to be called "Tax Sales Fund".
Treasurer to make yearly statement
The treasurer shall, in January in each year, or at any other time required by resolution of the council, furnish a statement to the council, giving the amount of and other particulars respecting the fund.
Obtaining balances in tax sales fund
Any person claiming to be entitled to any surplus, or any part of it, in the tax sales fund, may in person or by attorney lodge with the district registrar a petition in writing describing the land sold and setting forth the particulars of the sale and the right or title by reason of which the surplus is claimed, and the petition shall be verified by statutory declaration and supported by such evidence as the district registrar may require.
The district registrar may require the claimant to serve on any person the district registrar may consider proper, in a manner that the district registrar may direct, notice of the petition, and the district registrar may on application order the surplus money to be paid to the claimant or such other person as may be found entitled, and the order shall declare that it has been proved to the satisfaction of the district registrar that the person to whom the money is ordered to be paid is entitled to it, and shall further state under what right or title the person has been found so entitled.
The district registrar may in any case order the money to be paid to the credit of the Court of Queen's Bench, and in such case the order shall state the reason why it was so made, and a copy of the order shall be filed in the court, and the money so paid into court shall be dealt with on application in such manner as a judge in chambers may order.
Fees paid to district registrar
The same fees shall be paid on any application made to the district registrar as are payable in respect of applications in chambers for a judge's order in any suit or proceedings in the Court of Queen's Bench and, if the district registrar thinks it advisable to order the money to be paid into the Court of Queen's Bench or otherwise than into the hands of a claimant or the attorney of the claimant, the district registrar may order the fees or the proper costs of the claimant or of the city or any part thereof to be taken from and paid out of the money which forms the subject of the claim.
Claimant failing liable for costs
In all cases where a claimant fails to obtain an order on the city for payment, the district registrar may order the claimant to pay the costs of the proceedings, and the order may be made a judgment of the Court of Queen's Bench by filing it in the court.
If it should be found that some person other than the petitioner is entitled to some portion of the money standing to credit of a parcel of land, the district registrar, or the court, shall have the power to apportion the share or shares to which each person may be entitled and order payment accordingly.
The person who shall be considered to be entitled to apply to the district registrar under subsection (1), for any money standing in the tax sales fund to the credit of a parcel of land, shall be the person who was, at the expiration of the time for redeeming the land from tax sale, the owner of the land or who held any encumbrance, security or lien under judgment or otherwise thereon or who is the assignee or legal representative of such person.
No action, suit or proceeding shall lie against the city for the recovery of any such surplus, or a portion thereof, after it has been paid by the city pursuant to an order by a district registrar or the Court of Queen's Bench.
The claimant and all persons claiming by, through or under the claimant shall, after the time of making a claim to a surplus in the tax sales fund to the credit of a parcel of land, be estopped and debarred from taking any action or proceedings to question or set aside the sale of the parcel.
Whenever any portion of the tax sales fund remains in the hands of the treasurer for six years, without a notice of claim or order of payment being served on the treasurer as provided in this Act, the portion or sum remaining unclaimed shall become forfeited and be transferred to the general funds of the city, and the city shall forever be discharged from any claim on account of it.
Grounds of setting aside tax sale
No tax sale shall be annulled or set aside except on the following grounds:
(a) that the sale was not conducted in a fair and open manner;
(b) that the taxes for the years for which the land was sold had been paid; or
(c) that the land was not liable for the taxes or any portion thereof for which it was sold.
Notice of suit to set aside tax sale
When any suit or proceeding to set aside or question a sale for arrears of taxes is commenced, the plaintiff shall, within ten days after the filing of a statement of claim, cause the treasurer to be notified in writing of the suit or proceeding having been commenced, and the treasurer shall hold any surplus subject to the order of a judge or court before whom the suit or proceeding is tried; and in case the plaintiff succeeds, the judge or court shall order the surplus to be paid to the tax purchaser, or the legal representatives of the tax purchaser, and where the plaintiff fails in the suit or proceeding to set aside the sale, but proves to the satisfaction of the judge or court that the plaintiff was at the time of the sale the lawful owner of the land and the person entitled to the surplus purchase money according to the true intent and meaning of this Act, the court or judge shall order the surplus to be paid to the plaintiff or the legal representatives of the plaintiff after payment by the plaintiff of such of the defendant's taxed costs of defence of the suit or proceeding as the plaintiff is ordered to pay.
In any suit or proceeding in which judgment is given setting aside a sale for arrears of taxes or conveyance given or title issued in pursuance thereof, or dispossessing any person of land purchased at a sale made for arrears of taxes or costs, the person against whom the judgment is given shall be entitled to be paid for any permanent improvements made thereon according to their reasonable value; and the value shall be determined in the judgment, and the amount shall be a lien on the land in favour of the person entitled thereto until paid.
Indemnity where land improperly sold
Should any land be sold for arrears of taxes when no arrears of taxes are due thereon, the owner or person entitled to an equitable or beneficial interest, in case the land cannot be recovered by reason of its having been brought under the operation of The Real Property Act, shall be indemnified by the city for any loss or damage sustained by the person on account of the sale of the land; and the amount of the indemnity may be settled by agreement between the city and the person or, if an agreement cannot be effected, by arbitration in a manner similar to that provided in the case of expropriations, except that the amount of the indemnity payable by the city shall be the amount that the arbitrators award, with 25% of the amount of the award added to it.
Tax collector to provide statement
The tax collector shall on demand furnish to the owner of any land charged with arrears of taxes a written statement of the arrears at that date, or to any person a certificate that the taxes have been paid in full or in part, and stating whether the land has been sold or advertised for sale during a specified period before the dale of the certificate, which period shall be of such duration that the certificate indicates whether, loans that date, any person has the right to acquire title to the lands through tax sale, or has any right that, on the expiration of time or the fulfilment of conditions, will entitle the person to the title.
The tax collector may charge a fee prescribed by by-law for preparing and mailing a tax certificate for land described in a certificate of title and shown as a separate entry on the tax collector's role.
If the land has been sold for taxes and not redeemed and the time for redemption of such land has not expired the tax collector shall write or stamp on such statement the words "sold for taxes on the day of, 19, " giving the date of the sale of the land for taxes but, if the land has been sold for taxes during such time and redeemed, it shall not be necessary to record it on the certificate.
No charge shall be made for a statement of arrears without certificate.
Where lots are not according to a plan of subdivision, the fees chargeable shall be as prescribed by by-law, and if the land appears by the certificate to have been sold for taxes, the treasurer shall, on demand and without further fee, furnish a statement of the amount necessary to redeem.
Any certificate issued under this section, when signed by the treasurer or a designate of the treasurer, whether it is under the seal of the city or not, shall be considered to have been properly executed by and be binding on the city as fully and effectively as if it had been given under the seal of the city.
Limitation of action against city
No action, suit or other proceeding shall be commenced against the city for the return by the city of any monies paid to it on account of taxes, whether under protest or otherwise, unless such action, suit or other proceeding shall have been commenced within six months after such payment.
Where a person by mistake pays taxes on land in which the person has no interest, and the taxes are refunded, the city shall have the right to charge back the amount of the taxes and percentages on the property on which they were erroneously paid, and if in the meantime a certificate is issued showing such taxes paid, and a subsequent change in ownership has occurred, the city may charge the taxes against any other land or premises owned or rented by the party by whom the taxes should be paid, and may in any event collect the taxes from the party by action, distress or otherwise.
If any action, proceeding or act, permitted or required under this Act to be taken or done by the tax collector or a deputy tax collector was or is, whether before or after the coming into force of this section, taken or done by an officer of the Finance Department of the city, the action, proceeding or act shall be conclusively deemed to have been taken or done by the tax collector or deputy lax collector, as the case may be.
FINANCE
The city is authorized to pass by-laws, without submitting them for the approval of the ratepayers, to provide for the borrowing from banks or from any other persons or corporations in such amounts as the council may deem necessary for any or all of the following purposes:
(a) pending the collection of taxes to meet the current expenditures of the city including the amounts required for sinking fund, principal and interest payments falling due within the year on any debt of the city;
(b) to meet any emergency condition which may arise during any year involving abnormal expenditures;
(c) for any other purposes for which the city is permitted by law to provide;
(d) to authorize the expenditure in any year, before the adoption of the annual estimates for that year, of amounts not exceeding in aggregate 30% of the estimate of expenditures adopted for the previous year.
Security for temporary borrowing
For the purpose of securing the repayment of any money borrowed for the purposes mentioned in this section the city may issue and deliver promissory notes and may enter into agreements for the borrowing and repayment of such money and the interest thereon and such promissory notes may be expressed so as to bear interest only on such money as shall be borrowed thereon.
Taxes as security for a borrowing
In the case of a borrowing from a bank, either by way of overdraft or otherwise, the city by by-law may hypothecate, pledge and assign to the bank any or all taxes then owing to the city or which may become owing to the city during the year in which the monies are so borrowed subject only to prior valid charges, if any.
Any promissory notes issued under this section shall be signed by the mayor and treasurer or by such other persons as may be authorized by by-law to sign them.
The lender is not bound to establish the necessity of borrowing the sum lent or to see to its application.
Pending the issuing of any debentures which the city is empowered to issue under this Act, the city may, for the purpose of paying the cost of any work for the payment of which the debentures are to be issued, borrow from a bank or other person or corporation such money as it may require therefor and may give such temporary security as the bank or other person may require, which loan from the bank or other person shall be repaid and security redeemed out of the proceeds of the debentures when issued.
Deposit of debentures as collateral
Pending the sale of any debentures or other securities authorized by the council under the provisions of this Act, the city may hypothecate or pledge any such unsold debentures or other securities by depositing them with a bank as collateral security for advances made by the bank.
Subject to approval of the Minister of Finance as hereinafter provided, council may pass by-laws for the borrowing of money for the purposes of the city, on the credit of the city by the issue and sale of debentures without submitting them for the approval of the ratepayers.
An application for the authorization of the Minister of Finance shall be made in writing to the Minister of Finance after the first and before the second reading of the initial borrowing by-law; and the Minister of Finance may refer the application or any matter or question arising out of the application to The Municipal Board for its advice and recommendation.
Details in initial borrowing by-law
The initial borrowing by-law shall specify the principal amount of the debentures to be issued and in brief and general terms the objects for which the monies borrowed on the security of the debentures are to be borrowed; but it is not necessary, in the initial borrowing by-law, to specify the particulars of the debentures, or the rate of interest payable thereon, or the term within which the debentures are payable, or any other particulars of the debentures.
Consideration by Minister of Finance
Notwithstanding any other Act, in dealing with an application under subsection (2), the Minister of Finance shall consider only the financial position of the city and may refuse the application or may grant the application in whole or in part, or subject to conditions.
Where the Minister of Finance makes a decision or order on an application for authorization under subsection (2), the minister shall forthwith advise the city in writing of the decision or order and if the authorization is granted, the minister shall forward to the city a copy of the decision or order.
Any authorization of the Minister of Finance granted under subsection (4) shall specify the term or terms within which the debentures are to be made payable.
Where, under this section, the Minister of Finance authorizes the city to borrow money by the issue of debentures, council may enact a by-law to provide for the issue of debentures for any of the objects for which the debentures were authorized; and on submission of the by-law to the Minister of Finance, the Minister may approve it, and in that case the debentures issued under the by-law shall contain a note or memorandum signed by the Minister of Finance attesting the authorization.
Where the authorization or approval of the Minister of Finance is obtained, and a note or memorandum signed as required by subsection (7) is endorsed on the securities issued by the city, no irregularity in the form of any of the securities issued under the authority of this Part, or in the proceedings leading up to their issue, or in any by-law authorizing the issue thereof, shall render them invalid or be allowed as a defence to any action against the city for the recovery of the amount thereof or the interest thereon or any part thereof.
Section 86 (power to validate certain acts of local authorities) of The Municipal Board Act applies to the city with such modifications as the circumstances require.
Continued validity of securities
Where debentures are issued by the city under the authority of a by-law, approved under this Part, and the security has the note or memorandum endorsed on it under subsection (7), before the amendment to that subsection enacted at the 4th Session of the 30th Legislature (1977) and the note or memorandum is endorsed loans the conclusion of those proceedings, sections 85 (validity of securities) and 86 (power to validate certain acts of local authorities) of The Municipal Board Act are deemed to apply to those securities and proceedings of the city with such modifications as the circumstances require.
The signature of the Minister of Finance on the note or memorandum for which provision is made in subsection (7) may be engraved, lithographed, printed, or otherwise mechanically reproduced thereon.
Notice of hearing by Municipal Board
Where, under subsection 282(2), the Minister of Finance refers a matter to The Municipal Board, it shall
(a) fix a date, time and place for a hearing;
(b) give not less than 14 days notice in writing to the city and such notice as it considers adequate to any other person whom it deems shall receive notice thereof;
(c) on the date, and at the time and place stated in the notice, sit and hear any person who appears and desires to give evidence and make representations on the person's own behalf or on behalf of another in the mailer; and
(d) submit its report and recommendations to the Minister of Finance within the time period prescribed by the Minister of Finance and the Minister of Finance may extend that time.
Borrowing for local improvements
The council may pass by-laws to raise loans and borrow monies required for local improvements on the credit of the city at large, and to provide for the issue of debentures therefor.
May provide how money to be raised
Any such debenture by-law may provide that the specific sums to be raised in each year for interest and for sinking fund or principal shall be raised by special rate on all the rateable property in the city notwithstanding the fact that the debentures or any of them may be issued and sold, in whole or in part, to meet the property owners' share, in whole or in part, of the cost of any such local improvements, but in such case the special amounts levied in any year under the authority of any special assessment by-law in respect of any such local improvement shall be applied in reducing the sums to be raised in such year by special rate on all the rateable property in the city as aforesaid.
City liable to holders of debentures
The city shall be liable for, and shall pay to the holders thereof, the whole of the principal and interest as the same falls due in respect of debentures to be issued for local improvements, including not only the share assumed by the city, but also the part repayable by special assessment.
May consolidate debenture issuing
The council may, after the passage of by-laws covering the several amounts required for particular local improvements as specified in the by-laws, without in any way affecting the liens on the land therein named and to be improved thereby, further pass a collective or cumulative by-law consolidating the several amounts and issue the required debentures in a general consecutive issue under the consolidated by-law apportioning nevertheless the amount raised thereby and crediting each improvement with the amount previously estimated and named for it under the individual by-law passed in the first instance.
The debentures issued to pay for that part of the work payable by local assessment may be issued as a series distinct from those required to pay for that part that is to be borne by the general funds of the city, or all the debentures required for the work may be issued in one series as "Local Improvement Debentures".
Any debentures issued for the purpose of raising money to pay the cost of a local improvement may be issued before the commencement, during the progress of, or after the termination of the work.
Requirements for money by-laws
Every by-law creating a debt under section 282 payable by a levy on the rateable property of the whole city shall recite
(a) the amount of the debt which the by-law is intended to create and, in brief and general terms, the object for which it is to be created;
(b) the total amount required by this Act to be raised annually by special rate for paying the debt and interest;
(c) the amount of the whole rateable property of the city, according to the last revised assessment roll.
Any such by-law may provide for the issue of debentures
(a) bearing such date or dates;
(b) bearing interest at such rate or rates;
(c) payable in such currency or currencies in units of monetary value, at such place or places, in such manner, within such term or terms of years not exceeding 50 years and in annual instalments of principal or on the sinking fund plan or in such other manner and subject to such conditions as the by-law may provide;
(d) subject to redemption before maturity at the option of the debenture holder or at the option of the city on such date or dates, if any and loans such redemption price or prices, if any; and
(e) on such notice as the by-law may provide.
Subject to sections 292(1) and (2), every such by-law shall provide for levying and raising in each year by a special rate, sufficient therefor over and above all other rates, on all the rateable property in the city
(a) sufficient money to pay the interest on the debentures;
(b) sufficient money to pay any principal amount of the debt falling due in that year to the extent that no sinking fund is available for such purpose; and
(c) in the case of sinking fund debentures a definite sum for the sinking fund, the sum for sinking fund being such as will be sufficient, with interest on the investment thereof estimated at a rate of not more than 10% per annum capitalized yearly, to discharge the debt at maturity; and where the debentures are payable in units of monetary value or in the currency of a country or countries other than Canada it will be sufficient to provide for raising and levying as aforesaid such sums of money in lawful money of Canada as may be necessary for such purposes and as the requirements for such purposes may from year to year vary.
The by-law may name a date on which the by-law is to take effect, but shall, if no date is named, take effect on the date of the passing thereof.
Application of proceeds of sale
Where the whole or any part of the money raised from the sale of debentures by the city is not required for the purposes for which the debentures were issued, the city, with the approval of the Minister of Finance, may apply the whole or any part of the monies so raised that is not required for those purposes to any other capital expenditure of the city, the debt charges for which would be raised by taxation levied on the assessment of the property of the same class of ratepayers as taxation for the debt charges for the debentures is levied.
When sinking fund debentures are issued for purposes other than those specified in subsection (2) and the term of those debentures is less than 22 years, the amount required to be raised in each year as a sinking fund for the repayment for the principal of the debentures at maturity may be a sum equal to 3% of the original amount of the debentures or such greater sum as the council may, by by-law, determine.
When sinking fund debentures are issued either wholly or partly for the purposes of the sewage disposal system or the transit system or the waterworks system, the amount required to be raised in each year as a sinking fund for the repayment of the principal of the debentures at maturity shall be a sum equal to 1 % of the original amount of the debentures, or such other sum as the council may, by by-law, determine.
Where sinking fund debentures are issued and a sinking fund is established under subsection (1) or (2) that will not be sufficient to pay the principal of the debentures or of any set of them when it becomes due, the city shall, not less than six months before the date of maturity of the sinking fund debentures or of the set first maturing, apply to the Minister of Finance under subsection 282(2) for authorization to borrow an amount sufficient with the accumulated sinking fund, to repay in full the principal of the debentures, or each set of them, as the debentures, or each set of them, falls due, on such terms and conditions as it may prescribe, and the city shall thereafter take all requisite steps to borrow the required amount and to repay in full the principal of the debentures, or each set of them, as it falls due.
Sinking fund provided by utility
If, in any year, the whole or part of the money necessary for sinking fund and interest or the annual instalment of principal and interest, or any debentures issued wholly or partially for the purpose of any utility or undertaking of the city, is provided from the revenue of the utility or undertaking, then it shall not be necessary to levy the amount so provided, but the amount which would otherwise be levied under the by-law shall be provided by the treasurer for the purpose of the sinking fund and interest of the annual instalment of principal and interest out of the revenue.
Pending the issue of debentures authorized by any by-law, the city may issue one or more interim debentures in such denominations as may be required, which interim debentures shall be valid and binding on the city and shall be exchanged for one or more definitive debentures to an equivalent aggregate principal amount, payable on the same date and bearing the same rate of interest as the interim debentures.
Principal payable by instalments
Notwithstanding anything to the contrary in this Act, in any by-law for creating a debt by the borrowing of money, instead of making the principal of the debt repayable on the sinking fund plan, the council may in its discretion provide that the debt shall be repayable in annual instalments of principal during the currency of the period in which the debt is to be discharged, and the amount of principal maturing in each year may be of such amount and may bear such rate of interest as the council in its discretion may determine, and any such by-law shall provide that there shall be raised in each year during the currency of the debt by a special rate on all the rateable property in the city a specific sum sufficient to discharge the instalment of principal and interest falling due in that year.
Unless otherwise herein authorized, after a debt has been contracted, the council shall not, until the debt and interest have been paid, repeal the by-law under which the debt was contracted, or any by-law for paying the debt or the interest thereon, or for providing therefor a rate, or additional rate; and the council shall not alter a by-law providing any such rate, so as to diminish the amount to be levied under the by-law.
No officer of the city shall neglect or refuse to carry into effect a by-law for paying a debt under colour of a by-law illegally attempting to repeal the first mentioned by-law, or to alter it so as to diminish the amount to be levied under it.
A debenture or other like instrument shall be sealed with the seal of the city and the seal may be engraved, lithographed, printed or otherwise mechanically reproduced thereon, and, subject to subsection (3), shall be signed by the mayor or by some other person authorized by by-law of the council to sign it, and by the treasurer.
Interest coupons may be attached
A debenture may have attached to it interest coupons which shall be signed by the treasurer, and the signature may be engraved, lithographed, printed, or otherwise mechanically reproduced thereon, and any such interest coupons shall be sufficiently signed if they bear the signature of the treasurer on the date the council authorized the execution of the debenture, or on the date the debenture bears, or at the time the debenture was issued and delivered.
The signatures of the mayor, or such other person authorized by by-law to sign the debentures or other like instruments, may be engraved, lithographed, printed, or otherwise mechanically reproduced thereon; and if the debentures or other like instruments are countersigned in writing by any person authorized by by-law of the council to countersign, the signature of the treasurer may be engraved, lithographed, printed or otherwise mechanically reproduced thereon.
Seal of city mechanically reproduced
The seal of the city when so engraved, lithographed, printed or otherwise mechanically reproduced shall have the same force and effect as if manually affixed and
(a) the signature of the mayor or such other person authorized by by-law to sign the debentures or other like instruments; and
(b) if the debentures or other like instruments are countersigned, the signature of the treasurer; when so engraved, lithographed, printed or otherwise mechanically reproduced shall be deemed to be the signature of the mayor or other person so authorized to sign or of the treasurer, as the case may be, and shall be binding on the city.
Any debenture or other like instrument shall be sufficiently signed and countersigned if it bears the signatures of the persons specified in this section and if those persons have authority to sign and countersign as provided in this section either on the date the council authorized the execution of the instrument, or on the date the instrument bears, or at the time it was issued and delivered.
It shall be the duty of the treasurer to see that the money collected under any debenture by-law of the city is properly applied to the payment of the interest and principal of the debentures issued under the authority of such by-law.
Debenture provision as to transfer
Debentures issued by the city may contain a provision in the following words, or words to the like effect:
"This debenture, or any interest therein, shall not, after a certificate of ownership has been endorsed thereon by the treasurer of The City of Winnipeg, be transferable, except by entry by the treasurer, or such other person as the city may appoint for the purpose, in the debenture registry book of the city".The treasurer shall open and keep a debenture registry book, in which the treasurer shall enter a copy of any certificate that the treasurer may give of the ownership of any debenture, and also every subsequent transfer of such debenture; and the entry shall not be made except on the written authority of the person last entered in the book as the owner of the debenture, or of the executors or administrators of that person, or of his or their lawful attorney, which authority shall be retained by the treasurer and filed.
After the certificate of ownership has been endorsed, the debenture shall only be transferable by entry, by the treasurer or such other person as the city may appoint for the purpose, in such debenture registry book, from time to time, as transfers of such debentures are authorized by the then owner thereof or the owner's lawful attorney.
A by-law for borrowing money and the issue of debentures as security for the money borrowed may provide
(a) that all the debentures, or a portion of them, are redeemable at the option of the city or at the option of the owner on such date or dates before maturity, and on such terms and conditions as the by-law authorizing the issue of the debentures may provide; or
(b) that any debenture issued thereunder may be exchanged at the option of the owner for a debenture of the city for the same principal amount, bearing such rate of interest and maturing at such later date as may be specified in the by-law if the owner has given written notice to the treasurer of the city requesting the exchange within such period of time as the by-law may provide; or
(c) for both redemption as provided in clause (a) and exchange as provided in clause (b).
Any new debenture mentioned in subsection (1) may be registered as to principal and interest, or may be registered as to principal only and have coupons attached for the payment of interest, but in all other respects shall be of the same effect as the debenture or debentures surrendered for exchange.
Cancelling surrendered debenture
The treasurer and auditor of the city or their representatives shall, in the presence of each other, cancel and destroy all debentures and interest coupons surrendered for exchange, and they shall certify in a registry book provided for the purpose that they have been cancelled and destroyed and shall also enter in the registry book particulars of any new debenture or debentures issued in exchange.
By-law not affected by redemption
Where a debenture is redeemed on a date before maturity under subsection (1), the redemption does not affect the validity of any by-law by which special assessments are imposed or instalments thereof levied, the validity of any such special assessments or levies, or the powers of the city to continue to levy and collect the subsequent payments of principal and interest payable by it to the city in respect of the debentures so redeemed.
Where a debenture is defaced, lost, or destroyed, the council may by by-law, provide for the replacing of the debenture on Ilie payment of such fee, and on such terms as to evidence and indemnity, as the by-law may provide.
On request of the holder of any debenture issued by the city, the treasurer of the city may issue and deliver to the holder a new debenture or new debentures for the same aggregate principal amount in exchange therefor.
Any new debenture mentioned in subsection (6) may be registered as to principal and interest or may be registered as to principal only, but in all other respects shall be of the same force and effect as the debenture or debentures surrendered for exchange.
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 provision for the registration, transfer, exchange, cancellation or destruction of debentures.
Debentures issued by the city under the authority of any by-law under this Act, or any other Act affecting the city, shall be valid and binding on the city, notwithstanding any insufficiency in form or otherwise of such by-law or in the authority of the city in respect thereof, if no successful application has been made to quash it within the time limited by law.
Where debentures may be made payable
Any debentures issued by the city and the coupons for interest appertaining thereto may be made payable in the currency of any country and at any place in any country, or in units of monetary value.
Where this Act or any other Act heretofore or hereafter passed, authorizes the city to borrow or raise by way of loan a number of dollars, it shall be deemed to authorize the borrowing or raising by way of loan, in whole or in part, of the same number of dollars of the United Slates of America.
Debentures payable in U.S. dollars
Where this Act or any other Act heretofore or hereafter passed, authorizes the city to issue debentures, it shall be deemed to authorize the issue, in whole or in part, of debentures payable in dollars of the United States of America for an equal number of dollars in principal amount.
Where any by-law of the city authorizes the issue of debentures, the council may pass an amending by-law to provide that the whole or any part of the debentures may be issued and made payable in dollars of the United States of America for an equal number of dollars in principal amount and to make such further provisions as may be necessary or desirable by reason of such amendment.
Loans in other foreign currencies
For the purpose of calculating the aggregate sum of money that may be borrowed or raised by way of loan or the principal amount of debentures that may be issued in units of monetary value or in the currency of any country other than Canada or the United States of America, the equivalent amount in dollars in lawful money of Canada shall be determined by a calculation made, in each case, in accordance with the nominal rate of exchange between the Canadian dollar and the unit of monetary value or the currency of the country concerned as that nominal rate is determined by any bank in Canada on the last business day before the day on which the by-law of the city authorizing the issue of the securities is passed.
Where part only of a sum of money provided for, by a by-law has been raised, the council may repeal the by-law as to any part of the residue, and as to a proportionate part of the special rate imposed therefor, provided the repealing by-law recites the facts on which it was founded, and is appointed to take effect on December 31 in the year of its passing, and does not affect any rates due, or penalties incurred, before that day.
Power to pass a new debenture by-law
Where none of the debentures authorized to be issued by a by-law of the city have been issued or sold the council may repeal the by-law and may pass a new by-law to take the place of the by-law so repealed and may in the new by-law make such changes in the provisions relating to the debentures as the council may deem expedient provided that such new by-law is passed by a vote of at least 2/3 of all the members of the council and the principal amount of the debentures is not increased.
This section shall apply to all by-laws of the city authorizing the creation of a debt by the issue and sale of debentures including by-laws legalized, validated, ratified or confirmed by the Legislature of the province.
Notwithstanding any other section of this Act, and in addition to all other powers therein contained, the council of the city may from time to time and at any time pass by-laws to authorize the issue and sale of new securities bearing such rate or rates of interest, payable in such manner and in such currency or currencies or units of monetary value and a( such place or places and at such time or times as the council may deem expedient and in such amount or amounts as the council may deem necessary to realize the net sum required to repay or redeem the whole or any part or parts of any outstanding securities of the city heretofore or hereafter issued under the authority of any by-law of the city, including any by-law passed under this section.
The powers conferred by this section may be exercised notwithstanding that the principal amount of the new securities may exceed the principal amount of the outstanding securities to be repaid or redeemed and notwithstanding that there may be a sinking funk available sufficient to repay or redeem in whole or in part the outstanding securities; provided that if the net amount realized by the sale of the new securities exceeds the amount required to pay the outstanding securities, the excess shall be used to reduce the levies for principal or sinking fund in respect of the new securities.
A recital or declaration in the by-law authorizing the issue and sale of the new securities to the effect that the amount of the new securities so authorized is necessary to realize the net sum required to be raised for the purpose of such repayment, redemption or refunding shall be conclusive evidence of that fact.
It shall not be necessary for the city to apply to the repayment or redemption of any such outstanding securities the whole or any part of the sinking fund, if any, which may be accumulated for that purpose, but the city may, by the by-law or by-laws authorizing the issue of the new securities appropriate the same or any part thereof, and any interest accumulations thereon, for the payment of the whole or any specified part of the new securities and of the interest thereon in the manner set forth in such by-law or by-laws; provided that until a debt created by the city is finally and fully extinguished any money levied by way of sinking fund for payment thereof and any interest received from the investment of such fund shall not be used for any purpose other than to retire securities representing the debt whether they be securities which were issued when the debt was originally created or securities subsequently issued for the purpose of refunding the whole or some part of the same original debt.
Levies for principal and interest
For the payment of the new securities and of the interest thereon, the by-law authorizing the issue of the new securities shall provide for raising annually during each year of the currency of the new securities by a special rate on all the rateable property in the city specific sums for interest and for sinking fund or principal, in accordance with the provisions of this Part; provided that specific sums to be raised in any year may be reduced in that year by the amount, if any, of any sinking fund accumulated in respect of such outstanding securities, which by such by-law has been appropriated for that purpose: provided further that if any securities repaid or redeemed under subsection (1) represented in whole or in part debts created by by-laws for the purpose of raising the property owners' share of the cost of local improvements, the special assessments authorized by such by-laws shall continue to be levied for the full term provided in them, and the specific sums to be raised in any year as aforesaid for interest and for sinking fund or principal in respect of the new securities shall be reduced by the amounts of the special assessments, if any, levied in that year against the properties benefited by the local improvements.
For the purpose of this section "securities" shall be deemed to include debentures, and other like instruments containing promises to repay money borrowed by the city.
The council may from time to time pass by-laws to consolidate the whole or any part of the principal amount of a debt authorized under a by-law, in respect of which debentures have not been issued, with the whole or any portion of the principal amount of other debts authorized under any other by-law, and to authorize the issue of debentures for the aggregate principal amount of the debts so consolidated; and this subsection shall apply to all by-laws validated by the Legislature.
Consolidated debentures and by-law
The consolidated debentures issued under a consolidating by-law may bear a rate or rates of interest, and may be payable in a manner and at a time or times as council may consider expedient, irrespective of the rate or rates of interest or the manner or time of payment provided for in the by-laws; and the consolidating by-law may provide for raising annually, during each year of the currency of the consolidated debentures, by a special rate on all the rateable property in the city, the sums for interest and for sinking fund or principal provided for by this Part, notwithstanding the fact that the whole or any part of the consolidated debentures may be issued and sold to meet the property owner's share, actual or estimated, of the cost of local improvements; provided that in such case the specific sums to be raised in any year shall be reduced by the amounts of the special assessments levied in that year against the properties benefited by local improvements.
No authority for further borrowing
Nothing herein authorizes any change in the amount of the debt authorized by a by-law when consolidated, nor any change in the application of its share of money borrowed for purposes other than those named in the by-law.
Nothing in the foregoing shall affect the method of initiating or making the assessments for local improvements.
Provision on motion to quash by-law
If a by-law, the amount of whose debt is included in a consolidating by-law, is attacked by a motion or proceeding to quash it in the Court of Queen's Bench before the sale of the debentures, council shall withhold from the sale an amount of the debentures authorized to be issued under the consolidating by-law equal to the amount of debentures authorized by the by-law, but if the motion or proceeding fails, the debentures may then be issued and sold.
No debenture issued under any a consolidating by-law shall have or constitute a preferential pledge, lien, mortgage, hypothec or preference of any debenture heretofore issued.
Power to issue callable debentures
In any by-law authorizing the issue of debentures or other securities, and in the debentures or other securities issued thereunder, the city may reserve the right to redeem in advance of their regular maturity date or dates as in the by-law specified, and on or after a date or dates to be named therein, and at the redemption price or prices therein specified, the whole or any part of the debentures or other securities so authorized, on giving loans least 60 days' notice in the manner set forth in the by-law and in the debentures or other securities, of its intention so to redeem; and on such notice being given the debentures or other securities so called for redemption shall become due and payable at the redemption price on the specified redemption date as though it were the date of maturity of such debentures or other securities and the city shall redeem and pay the same accordingly, and no further interest shall accrue thereon after the date of redemption specified in the notice.
If any such by-law reserves the right to redeem in advance of maturity a part only of the debentures or other securities authorized to be issued thereunder, the by-law and the securities shall specify the manner in which such part shall be selected for redemption.
Guarantee of hospital debentures
The city may guarantee payment of any debentures, and of the interest on them, issued by the Health Sciences Centre, hereinafter called "the hospital", for the purpose of raising money to defray the whole or part of the cost of erecting and equipping a hospital or an addition to an existing hospital, subject to the following conditions, in addition to any others that the city may impose:
(a) the total par value of the debentures payment of which the city may guarantee shall not exceed $2, 900, 000.;
(b) the debentures may be issued
(i) on the instalment plan whereby annual or semi-annual payments or principal and interest will be exactly equal;
(ii) on the serial plan whereby the principal will fall due each year or each half-year in multiples of $1, 000. so that the annual or semi-annual combined payments of principal and interest will be approximately the same each year; or
(iii) on the sinking fund basis with interest payable half-yearly or yearly and the principal payable at the end of the term in one amount;
(c) if the city guarantees debentures issued on the sinking fund basis, the amount to be set aside each year for sinking fund shall be paid annually to the city and invested by the sinking fund trustees of the city.
(d) the term of the debentures shall not exceed 30 years.
Guarantee for community undertaking
Subject to the approval of the Minister of Finance, the city may, on such terms and conditions as the Minister of Finance may approve, make loans and grants for, and guarantee indebtedness incurred for, any community undertaking not otherwise authorized under this Act, and the Minister of Finance may refer any application for approval under this section to The Municipal Board for its advice and recommendation.
The monies collected on levies by way of sinking fund shall be vested in and administered by a board of trustees, who shall be a body corporate under the name of The Sinking Fund Trustees of the City of Winnipeg, and shall have all the rights, privileges and powers, and shall perform the duties hereinafter specified and the monies so vested in them shall be known as the "sinking fund".
The corporation referred to in subsection (1) shall consist of four trustees, of which the treasurer shall be one, and the other three trustees, none of whom shall be a member of council, shall be appointed by the Lieutenant Governor in Council on the recommendation of council.
The three trustees appointed by the Lieutenant Governor in Council shall each be paid such amount as the Lieutenant Governor in Council may determine; and the trustees shall be entitled to pay out of the sinking fund all expenses and disbursements, including legal expenses, legal or other professional advice, secretary's salary and clerical assistance, incurred or made by them in connection with the administration of the sinking fund.
A trustee may resign office by handing a resignation to the secretary of the board and the resignation shall take effect on the date specified in the notice or, if no dale is specified, on the dale on which the notice is delivered to the secretary of the board.
The trustees shall annually appoint a chairperson from among their number and, in the absence of that person, may at any meeting appoint one of themselves as acting chairperson and shall appoint some person to act as secretary; and meetings of the trustees may be called by the secretary on instructions of the chairperson or any of the other trustees, by notice in writing, mailed or delivered to each of the trustees not less than 24 hours before the date of the proposed meeting; and the secretary shall keep, and the trustees shall see that there is kept, a true record of the proceedings of each meeting of the trustees, and of all resolutions passed by them.
Two trustees shall form a quorum.
All monies coming into the hands of the trustees shall be deposited in a bank in Canada, to be designated by the board to the credit of a special account to be called "Sinking Fund Account of the City of Winnipeg", and no monies shall be withdrawn from the account except by cheque, signed as shall be decided by resolution of the trustees.
Except as otherwise provided herein, on each anniversary of the issue of any debentures issued by the city, the city shall pay to the trustees the levy required to be raised annually by way of sinking fund, by the by-law authorizing the issue of the security, and the amount of the levy shall be a debt due by the city to the trustees; and the money levied and collected by the city for that purpose shall not be applied to any other purpose whatsoever.
Retiring securities at maturity
The trustees shall immediately before or loans the maturity of any outstanding debentures issued by the city, in respect of which all levies have been paid to the trustees, pay to the city out of the sinking fund such sums as may be necessary to retire such securities, and the receipt of the city for the monies shall be sufficient discharge to the trustees for the payment.
The trustees may make such payments out of any monies then in hand, or shall realize sufficient monies therefor, by the sale of any securities then held by them. In the event of any levies not having been paid to the trustees in respect of any debentures as aforesaid, the trustees shall in like manner pay to the city the amount of the levies actually received by the trustees, together with accumulated interest in respect thereof. The city shall apply all monies so received from the trustees in payment of the securities, and shall not pay or apply it for any other purpose whatsoever.
The monies in the consolidated bank accounts shall be invested in one or more of the following forms:
(a) in bonds, debentures or other evidence of indebtedness of
(i) the Government of Canada or any province thereof or guaranteed as to principal and interest by the Government of Canada or any province thereof; or
(ii) any municipality or school division or school district in Canada; or
(iii) any regional, metropolitan or municipal authority established by an Act of the Legislature of a province of Canada; or
(iv) the governing board of a hospital established under The Health Services Act or secured by rates or taxes levied under the authority of an Act of the Legislature of a province of Canada on property situated in such province;
(b) in other securities in which a trustee may invest trust monies under The Trustee Act;
(c) in debentures of the city;
(d) in temporary advances to the city pending the issue and sale of any debentures of the city;
(e) in temporary loans to the city for current expenditures;
(f) in securities issued by any country to an amount which does not, at any time, exceed the amount of debentures of the city payable in currency of that country and outstanding loans that time.
Trustees in custody of the fund
The sinking fund trustees shall be the trustees of the fund and shall have custody of the fund.
The trustees may invest all or any part of a pension fund of the city vested in the trustees for administration in such securities and investments as are permitted under The Pension Benefits Act and the regulations made thereunder and in securities issued by the Manitoba Hospital Capital Financing Authority under The Hospital Capital Financing Authority Act and in no other securities or investments.
The trustees shall have full power to collect and administer all monies and estates of every description belonging to the sinking fund, and may take all necessary proceedings with reference thereto, and may take all steps in regard to the adjustment, compromise or collection of the same, and may take collateral security both real and personal from any debtor, and shall have power to foreclose mortgages and other securities held by them, and the rights of all parties having any estate, interest or claim in and to the property or properties covered by such mortgages or other security, to exercise powers of sale under any such mortgages or other security, and to convey the same to purchasers, and to sell and convey any land or other property to which they may acquire title by foreclosure proceedings or otherwise, and may sell and transfer any and all securities of every description in which the sinking fund may be invested, including any securities issued by the city, and make further investments with the proceeds thereof, and may deal with the sinking fund in as full and ample a manner as it could be dealt with by a private individual in the individual's own name; the intention being that in all things and under all circumstances, the trustees shall have full power and authority to invest and reinvest the sinking fund, or any part of it, and deal with it for (be benefit of the sinking fund in as full and ample a manner as they could do if acting for themselves as private individuals.
The trustees may borrow any sums of money from a Canadian bank for a period not exceeding six months, and as security for such advances, they may pledge or hypothecate any bonds, slocks, debentures or other securities held by them.
As soon as possible after the end of each financial year the trustees shall furnish the council with a detailed statement showing the whole assets held by them, and any outstanding liabilities as at that date; the trustees shall employ a chartered accountant to audit and certify the statement, and the council may by resolution appoint a chartered accountant to audit and certify the statement and inspect the securities held by the trustees, and the trustees shall give all necessary facilities to such chartered accountant making the audit and inspection.
The trustees shall not be liable for or by reason of any failure or defective title to, or any encumbrance on, or depreciation in any security in which they may invest the sinking fund, and they shall not be responsible for any neglect or default on the part of any servant or agent appointed by them, nor for any error or mistake made in good faith, nor for the solvency of any bank in which they may deposit any part of the sinking fund.
All funds administered by the sinking fund trustees of an area municipality before to the coming into force of this Act, and all rights, duties and liabilities of the trustees are vested in the Sinking Fund Trustees of the City of Winnipeg established under section 314 of this Act.
Trustees may be given further trusts
The council shall have power by resolution to vest in the trustees any further or other sums of money, or funds to be administered, invested and controlled by the trustees and to impose on the trustees any further or other trusts in connection with any such sums of money or funds within the powers of the council to impose, and in every such case all the provisions of this section, where not inconsistent with any other statute of the province or any statute of Canada, or with powers of the council or the trustees relating to any such money or funds, shall with such modifications as the circumstances require, apply to such sums of money, or fund.
The trustees may, with the consent of council expressed by resolution, set aside and apply annually part of the then surplus of the sinking fund for and towards creating and maintaining a fund for uncollectable taxes.
The trustees have power and authority to place a portion of their surplus monies to the credit of any by-law account, so as to bring the total amount of the credit thereof up to the amount of the debt that it covers, and to purchase and hand over to the city cancelled debentures representing the debt.
The trustees have power and authority to apply from their surplus funds, such amounts as may be necessary in order to commute any or all future levies which may be unpaid in connection with any portion of the funded debt of the city.
To pay sinking fund instalment
The trustees have power and authority to apply from surplus monies in the fund such amounts as may be necessary to pay the sinking fund instalments in respect of any city debentures issued in respect of properties title to which is obtained through tax sale proceedings.
Discounts and foreign exchange
The trustees may pay to the city part of any surplus of the sinking fund to meet all or any part of the cost to the city of any discount arising from the sale of any debentures of the city, or any loss on foreign exchange sustained by the city on the payment of principal or interest on debentures issued by the city payable in foreign currency.
Use of sinking fund where debts paid
In the event of all or any portion of the bonds or debentures of the city, for the repayment of which the sinking fund of the city was established, being paid off, taken up or exchanged for new bonds or debentures issued under the provisions of this Act, the whole or that part of the sinking fund, in proportion to the amount of bonds or debentures so paid off, taken up or exchanged, shall be appropriated to assist in paying off bonds or debentures of the city thereupon existing and in force, or to contribute towards a sinking fund for the repayment of bonds or debentures to be thereafter issued by the city in the manner and form aforesaid.
Application of sinking fund credits
The accumulated sinking fund at the credit of any issue of debentures of the city at any time may be applied toward the cancellation of a portion of such issue, and the annual levy to provide for sinking fund from the date of such cancellation to the date of maturity of the issue shall be adjusted so as to be sufficient with estimated interest on the investment thereof to discharge the balance of the debt when payable.
The city council may, by by-law, make provision for the investment, by such person as is designated in the by-law, of any monies of the city not immediately required for its purposes in any notes or deposit receipts of or guaranteed by a bank or other obligations of or directly guaranteed by a bank, or any registered stocks, bonds, debentures, treasury bills, or other securities
(a) of, or guaranteed by, the Government of Canada; or
(b) of, or guaranteed by, the Government of Manitoba, or any province of Canada, or any regional, metropolitan or municipal authority established by an Act of the Legislature of a province of Canada, or any school district or division in the Province of Manitoba; or
(c) of, or guaranteed by, the Government of the United States of America; or
(d) of, or guaranteed by, the government of any other country if the prior approval of the city council is obtained by the person designated in the by-law before any investment is made under this clause in any registered stocks, bonds, debentures, treasury bills, or other security of, or guaranteed by, the government of that other country.
The person designated in the by-law shall be deemed always to have had the power to sell any of the registered stocks, bonds, debentures, treasury bills, or other securities to which reference is made in subsection (1); and the council shall deal with the proceeds of any such sale in the same manner as if the monies had not been so invested.
The council shall not later than March 31 in each year or such later date in that year as may be fixed for that year for the purposes of this subsection by the Lieutenant Governor in Council, make and, by resolution, adopt estimates, hereinafter called "the annual estimates",
(a) of all amounts required for the lawful purposes of the city for operating expenditures for that year, including, without restricting the generality of the foregoing, all amounts required to pay the debts of the city, whether of principal or interest, becoming due and payable during that year;
(b) of all amounts that it will require to raise or expend in that year for capital purposes;
(c) of all amounts that, under this Act or any other Act of the Legislature, it is required to raise by the levying of taxes;
(d) of the amount required to defray the cost of collection of taxes and the abatement and losses which may occur in the collection of taxes, whether municipal taxes, school taxes, or other taxes, making due allowance for taxes unpaid on land purchased by the city at tax sale and considered by the council to be uncollectable; and
(e) of all general revenues of the city for that year.
The city shall report to the minister its annual estimates in the manner and in the form prescribed by the minister.
The council shall, in each year, in addition to the annual estimates for capital purposes made under clause 334(b), prepare a capital expenditure program, hereinafter called "the program", for the five years next following that year; and the program shall show
(a) priorities in the proposed capital expenditure set out in the program; and
(b) estimates of the proposed source, and details of the proposed application, of funds required to implement the program; for each year covered by the program.
The program shall be prepared in the manner, and in the form, prescribed by the minister.
Forthwith after the adoption of the program, the treasurer shall forward two copies of the resolution and the program to the Director of Municipal Budgets and Finance.
The council shall each year, by by-law, levy a rate or rates of so much on the dollar on the assessed value of all the real property liable to taxation in the city as the council considers sufficient to raise the sums required in such estimates after making due allowance for all other general revenues.
How rate levied if roll not revised
If at the time of levying the rate the assessment roll for the year has not been finally revised the rate may be levied on the assessment as fixed and returned by the assessor and the assessor shall thereafter make all necessary corrections and adjustments of the assessment and tax rolls required as the result of appeals from assessments or other lawful changes made therein, and the tax collector shall likewise make the necessary adjustments in the collection of taxes.
If amount collected is deficient
If the amount collected including other general revenues is less than the amount expended, the deficiency shall be carried forward and form part of the city's budget for the next succeeding year.
If the sum collected including other general revenues exceeds the expenditures, the balance shall be carried forward and form part of the revenue of the next succeeding year.
Disposition of excess special tax
If any portion of the amount in excess has been collected on account of a special tax on any particular locality, the amount in excess collected on account of the special tax shall be appropriated to the special local object.
The council may in each year, provide in the estimates for the establishment or maintenance of a reserve fund for any purpose for which it has authority to spend funds.
The monies raised for a reserve fund established under subsection (1) shall be deposited under clause 61(1)(b), and may be invested in securities in which a trustee may invest under The Trustee Act; and the earnings derived from the investment of any such monies shall form part of the reserve fund.
Restriction on use of reserve funds
The monies raised for a reserve fund established under subsection (1) shall not be expended, pledged, or applied to any purpose other than that for which the fund was established.
Where a reserve is not required
Notwithstanding subsection (3), the city may expend, pledge or apply to any purpose monies raised for a reserve fund
(a) which are certified by the city treasurer to be greater than the amount required for the purpose for which the reserve fund was established; or
(b) where the monies raised for the reserve fund are no longer required for the purposes for which the reserve fund was established; or
(c) where the purposes for which the reserve fund was established are terminated.
Report of auditor on reserve fund
The auditor in his annual report shall report on the activities and position of each reserve fund established under subsection (1).
Subject to section 341 the fiscal year of the city shall be the twelve months, ending on December 31 in each year.
Material sent with tax statements
Where the city, in any year, sends any tax notice or statement of and demand for taxes, it shall include therewith any tax related printed notice, information or material supplied by the minister.
Fiscal year of Hospital Commission
The fiscal year of the Municipal Hospital Commission of The City of Winnipeg is the 12 months ending on March 31 in each year.
LOCAL IMPROVEMENTS
In this Part and in Part 9
"fronting" includes "abutting"; («donnant sur»)
"city's portion of the cost" means that part or proportion of the cost of a work which is not to be specially assessed; («participation de la Ville»)
"land fronting on the work" or "land fronting on the street wherein the work is to be done" or any other phrase to the like effect, means land fronting on a street and directly opposite some portion of the work done or to be done therein; («bien-fonds donnant sur les travaux», «bien-fonds donnant sur la rue ou doivent s'effectuer les travaux»)
"lifetime" as applied or applicable to a work, means the lifetime of the work as estimated by the engineer, or in the case of an appeal, as finally determined by the board of revision; («durée»)
"local improvement" means a work or service intended to be paid for or maintained wholly or partly by special assessments against the land benefited thereby as determined in the manner in this Part set forth, and the term "benefited" in this Part means specially or directly benefited; («amélioration locale»)
"owners portion of the cost" means that portion of the cost of a work which is to be specially assessed on the land abutting directly on the work or on land immediately benefited by the work; («participation du propriétaire»)
"pavement" includes any description of pavement or roadway on a street; («revêtement»)
"river" includes a stream, creek, canal, drainage ditch, water nel, and any other water course, whether natural or made or oved by man; («cours d'eau»)
"sidewalk" includes a street crossing; («trottoir»)
"specially assessed" means specially rated for or charged with part of the cost of a work; («assujetti à une cotisation spéciale»)
"trunk storm water drainage system" includes conduits, storm water retention ponds, control devices and pumping stations but does not include lateral conduits and catch basins; («réseau de drainage principal des eaux pluviales»)
"work" means a work or service which may be undertaken as a local improvement. («travaux»)
Land regarded as fronting on street
For the purpose of assessment for local improvements, a parcel of land shall be regarded as fronting on a street if any part of it is within 12 feet of the street.
Description of local improvements
The cost of making any of the improvements hereinafter mentioned may, if such improvements are initiated in any of the methods set forth in this Part, be levied in whole or in part against the land benefited thereby:
(a) the opening, widening, grading, paving, planking, gravelling, curbing, resurfacing or otherwise improving of any street;
(b) the construction of a bridge, culvert, subway, embankment, pier, wharf or landing on or as part of a street;
(c) the constructing of a pedestrian deck or pedestrian tunnel together with such services, utilities, plant and equipment appurtenant thereto as may be deemed expedient for the enclosing thereof against the weather, for the lighting thereof, for the controlling of the temperature of the air therein, for the purifying of the air therein or in a street below, and for the gaining of access thereto and exit therefrom;
(d) the deepening, dredging, altering or diverting of any watercourse or body of water which drains any locality;
(e) the constructing, enlarging or extending of any water or sewer main or other portion of the city's waterworks or sewer system, or the extension of any distribution circuit of the city's hydro-electric system;
(f) the construction of:
(i) retaining walls, dikes or breakwaters along the banks of rivers,
(ii) works to stabilize the banks of rivers;
(g) the constructing and improving of boulevards;
(h) the planting or caring for trees, shrubs and plants in a street;
(i) the installing, maintaining and operating of a special or additional lighting service on a street or the installing, maintaining and operating of a lighting service in a public lane;
(j) the installing, operating and maintaining of a high pressure water system for fire protection purposes; and the establishing, equipping and maintaining of a salvage corps for the benefit of the areas served by the system;
(k) the reconstructing or renewing of any such works.
Local improvement may include repair
Where under this Act, the city is authorized to undertake, as a local improvement, the construction, establishment, or operation of any thing, it may also undertake and carry on, as a local improvement, the equipping, maintenance, repair and reconstruction thereof.
The city may pass by-laws
(a) for classifying the various types of pavement to be laid in streets;
(b) for providing that the cost for each class of pavement per square yard laid in each year shall apply uniformly throughout the city, and shall be assessed and levied against the real property benefited thereby subject to the portion of the cost, if any, which may be borne by the city as in this Part provided; the object being to enable the city to fix a uniform basis of cost and assessment and levy therefor for the various types of pavement in all parts of the city;
(c) for providing that the cost of each of the following works carried out as local improvements:
(i) the construction of boulevards;
(ii) tree planting;
(iii) the laying of crushed stone on streets or lanes;
(iv) the oiling of streets; shall each be pooled and shall apply uniformly throughout the city and shall be assessed and levied against the property benefited thereby, except that portion, if any, which may be borne by the city as in this Part provided;
(d) for fixing, as the cost per square yard of constructing certain sidewalks, a sum that shall apply uniformly in assessing the cost of such sidewalks, and that shall for that purpose be deemed to be the actual cost of such sidewalks, throughout the city, in order to enable the city to fix a uniform basis of assessment for sidewalks that, in the opinion of council, should be assessed in this way, and to provide for the equitable distribution of the cost; and council shall, in setting the cost, take into account any allowances made in respect of the flankage of lots or irregularly-shaped lots or other special cases authorized by this Act;
(e) for fixing, in the case of lighting services installed in public lanes as local improvements, as the cost per lighting fixture, a sum which shall apply uniformly in assessing that cost and which shall for that purpose be deemed the actual cost of the lighting services per lighting fixture installed in public lanes throughout the city in that year; the object of this clause being to enable the city to fix a uniform basis of assessment for installation of lighting services in public lanes and to provide for the equitable distribution of the cost thereof, taking into account, inter alia, allowances made in respect of the flankage of lots or irregularly-shaped lots or other special cases hereinafter authorized.
The city, in the case of the installation of ornamental street lighting as a local improvement may
(a) classify the various types of ornamental street lights and standards to be installed in streets;
(b) pass by-laws fixing, as the cost per ornamental street lighting fixture, a sum which applies uniformly in assessing that cost and which shall, for that purpose, be deemed the actual cost of the ornamental lighting services for each ornamental lighting fixture installed in public streets throughout the year for which the by-law was passed, the object of this clause being to enable the city to fix a uniform basis of assessment for installing ornamental lighting in public streets and to provide for the equitable distribution of the cost thereof, taking into account, among other matters, allowances made in respect of the flankage of lots or irregularly shaped lots or other special cases hereinafter authorized.
Assessing cost of local improvements
The special assessment to be levied in respect of any local improvement constructed by the city in any year, whether or not such work is partly outside the city, shall be uniform throughout the city and shall be based on
(a) a uniform rate based on the number of lineal feet along the land, if any, that are fronting or abutting on the street, that is to say, on a frontage basis;
(b) a uniform rate, based on the valuation of the land benefited, not including the buildings thereon;
(c) a uniform rate based on the valuation of the land benefited, including the buildings on the laud;
(d) a uniform rate based on the acreage of the land benefited or on the area thereof in square feet; or
(e) a rate that is a combination of any two or more of the rates mentioned in clauses (a) to (d); as the city by by-law may prescribe.
Special assessment for storm sewer
Notwithstanding subsection (1), where the land benefited by the construction of a trunk storm water drainage system has been determined in accordance with section 360, the city may levy the cost of the construction of the trunk storm water drainage system against the land benefited by a special assessment which shall be uniform in respect of all the land benefited and which shall be based on the factors set forth in clauses (1)(a) to (e) but which need not be uniform with other special assessments levied in other parts of the city in respect of the cost of construction of trunk storm water drainage systems.
Agreement of city and municipalities
Where a sewer is constructed partly in the city and partly in another municipality, the city and the municipality may enter into an agreement whereby the municipality will agree to pay, and it may collect and pay, to the city all such sums of money for the construction, maintenance, repair, alteration, or replacement, of the sewer as the municipality would be entitled to collect if the portion of the sewer within its limits had been constructed by it as a local improvement.
Notwithstanding subsection (1), where a sewer is required to be constructed in a lane for drainage purposes, the city may, at the discretion of the council, levy for the costs thereof, including the cost of any outlet through private property, in the same manner as the costs of an ordinary local improvement are levied or charge the costs thereof to the city at large and, where the sewer is treated as a local improvement, the costs shall be assessed against land benefitted in accordance with section 360.
Where property that has never been charged with an assessment for the construction of a sewer is connected with a sewer within the city formerly belonging to an area municipality, a charge may be made against the property in the amount of an assessment calculated, as prescribed in a by-law passed under section 346 and, unless commuted, shall be spread over a term of not less than 10 years with interest as in the case of an ordinary local improvement.
Such charge may be added to the taxes on the property and collected in the same manner as the ordinary municipal rates of the city.
City to assume costs in some cases
If a property is connected with a sewer in a street on which the property does not front, and a sewer is subsequently constructed as a local improvement in the street on which the property fronts, the city shall, notwithstanding any limitation contained in section 372, assume the share of the cost of the new sewer that would ordinarily be levied against the property, to the extent of the charge levied under subsection (1) and the rate against the property in respect of the new sewer shall be adjusted accordingly.
Cost of renewal or enlargement
Whenever the city decides to renew, enlarge, improve or divert an existing sewer, and the property abutting on the street in which the work is proposed to be done has never been assessed by way of special assessment for any portion of the cost of the existing sewer, the city may, notwithstanding any adverse petition, assess the cost of the renewal, enlargement, improvement, or diversion as a special assessment against the property in the manner provided in section 346.
The city may charge all persons who own or occupy property that is drained into a common sewer, or that by any by-law is required to be so drained, with a reasonable rent for the use of it and may regulate the times and manner in which the rent is to be paid.
The city may pass by-laws for prescribing the terms and conditions on which owners from time to time of any property may have special sewer connections between their property and sewers situated elsewhere than in the portion of street on which their property immediately fronts, including, inter alia, conditions
(a) that the owners shall construct or maintain the special connections to the satisfaction of a designated officer of the city;
(b) that the owners shall indemnify the city against any damage, loss or expense incurred by the city as a result of the construction, existence or removal of the special connection; and
(c) that as soon as a sewer is constructed in the street on which the property fronts the property shall be connected therewith by the then owner and the special sewer connection removed by him.
Frontage rate for cost of mains
The city may impose a frontage rate on property fronting on streets in which mains of the city's waterworks have been or are placed and the rate may be a uniform rate per foot of the frontage.
Determining properties affected
The amount of the rates, the real properties to be affected, and the time of payment of the rates shall be ascertained and determined by such authority and in such manner as directed by the council.
A copy of the report of the authority shall be filed with the official in whose charge the tax collector's rolls are prepared, and the official shall enter the amount of the rates in the rolls against the respective land affected in the same manner as ordinary rates and taxes.
The rates may be imposed irrespective of whether the real property is vacant or is not connected with the water mains or does not use or receive water from the mains.
The frontage rates shall be a charge separate and apart from any other rate or price charged for water or other service actually furnished or supplied or agreed to be furnished or supplied by the city and shall be treated and collected and shall form a lien on the real property affected in the same way as taxes levied thereon by ordinary assessment.
Frontage rate for lane lighting
The city may annually impose a frontage rate on property fronting on public lanes in which lighting services are installed, which may be a uniform rate per foot of the frontage, sufficient for the city to recover the annual cost of maintaining and operating the lighting services installed in those lanes.
A frontage rate imposed under subsection (1) shall be a charge and shall form a lien on the land affected by it, and shall for all purposes, including the assessment of penalties for late payment, be deemed to be a part of the municipal taxes levied on the land by ordinary assessment.
When the owner of any land not fronting on a street wherein a water main is constructed requests the city to provide such land with a water service by means of a special water connection the owner shall reimburse the city for the cost of construction thereof and the owner from time to time of such land shall reimburse the city for the cost of maintenance of the water connection and any other expense, loss or damage which the city may suffer by reason of or arising out of the construction, existence or removal of the special water connection. Provided that, on the recommendation of the commissioner of works and operations, the city may pay a portion of the cost of constructing any such special water connection, not exceeding the estimated amount that would be paid by the city in the case of a normal service to the land.
Charges for special connections
Where property that has never been served by a watermain and, therefore not assessed for a watermain, is connected to a watermain by means of a special connection, a charge may be made against the property in the amount of an assessment calculated as prescribed in a by-law passed under section 346 and, unless commuted, shall be spread over a term of not less than 10 years, with interest as in the case of an ordinary local improvement.
The land referred to in subsection (1) shall be subject to any waterworks frontage rate on the basis of its frontage on a street or of an assumed frontage decided by the engineer, as the circumstances may require.
City may disconnect special service
Where the land fronts on a street, as soon as a watermain is constructed therein the city may, at the expense of the then owner, disconnect the special water connection and connect the land with the new watermain.
As the parts of the city benefited by the high pressure water system are extended from time to time, the city may determine what additional areas should bear a portion of the cost of the original construction and installation of such system and of the extension and maintenance thereof, and determine the sums to be assessed annually against the properties in the additional areas for such purpose. By-laws heretofore passed authorizing the issue of debentures for such purposes may be amended accordingly or new by-laws passed.
Cost assessed on property benefited
Notwithstanding anything to the contrary in this Act, the sums required for the purpose of providing for the cost of the construction or maintenance of the system, or any extension of it, may be assessed against the properties in the areas of the city benefited thereby, as determined by the council, by the levy of an annual rate on the assessed value of the properties, and there shall be no appeal against the levy.
No notice for extension of system
No notice of the intention of the council to extend the system or to assess the cost of it, as provided in this section, shall be required.
In case the whole or a part of the cost of a local improvement is assessed by by-law against any land, and after the passing of the by-law the land is resubdivided or a division of ownership in respect of it takes place, the treasurer may, with respect to unpaid or unaccrued assessments, re-apportion any part of the cost and assess against any part of the land such proportion of the cost as seems to the treasurer to be just, and the sum so re-apportioned and assessed against any parcel of land shall be levied and collected by an annual rate thereon in lieu of the original rate, as if the new rate had been levied on the parcel in the by-law; and in the case of a sewer, the sum that may be re-apportioned and assessed shall not be limited to a rate calculated as prescribed in a by-law passed under section 346.
Where the whole or a part of the cost of a sewer is assessed by by-law against any land, and after the passing of the by-law the land is resubdivided or developed in a way that requires additional sewer facilities, the treasurer may, in addition to the apportionment provided for in section 355, assess the cost of any additional sewer or sewers required to serve the land as a result of the resubdivision or development against any land fronting on any street in which the additional sewer is constructed or that is otherwise served by it, as provided in section 346.
Items included in local improvement
The city may include the following in the cost of any work carried out as a local improvement:
(a) engineering expenses;
(b) the cost of advertising and of serving notices;
(c) interest on temporary loans to pay for the work;
(d) compensation for land taken for the purposes of the work or injuriously affected by it and the expenses incurred by the city in connection with determining such compensation;
(e) the amount required to be raised for interest in respect of debentures issued before or during or after construction;
(f) administration expenses not exceeding 6% of the actual cost of the work;
(g) an amount to be charged as interest on the costs mentioned in clauses (a) to (d) that are financed by means other than debentures and the city treasurer shall determine the rate of interest which is to be so charged, the rate to be authorized by resolution of council.
In ascertaining and determining the cost of draining any locality, or of constructing or extending any sewer, the council may estimate the cost of construction of branch drains to the property line, and include the cost of the branch drains in making the assessment for the sewer as a local improvement, provided, that where the sewer is not in the middle of the street, the city may charge against the properties on the side of the street nearest to the sewer such sums over and above the actual cost of the sewer connections as would have extended them to the middle of the street, and reduce accordingly the assessments on the land on the other side of the street.
When an application is made by an owner of any property for a connection to a sewer that is not in the middle of the street, the owner shall construct the connection; and. in the case of a connection on the side of the street nearest to the sewer, the owner shall pay to the city loans the time of making application for the required permit the estimated cost, as determined by the city engineer, over and above the actual cost of the sewer connection that would have been required to extend it to the middle of the street, and in the case of a connection on the other side of the street, the city shall pay to the owner when the connection has been satisfactorily completed, a sum equal to the extra cost incurred by the owner as a result of the sewer not being in the centre of the street.
The city may pass by-laws for determining or providing the means of determining in respect of local improvements generally, or in respect of any particular work or class of work,
(a) what land will be benefited by the work;
(b) what portion, if any, of the cost of the work shall be assumed by the city at large, as provided in this Act;
(c) if, in the opinion of the council, land other than that abutting on the work will be benefited, what portion of the cost of the work shall be assessed against such non-abutting land or against any designated portion thereof.
Method of determining land benefited
The city has power to make such determination with regard to any local improvement by a by-law passed after the work is completed, if the by-law in respect of the matters referred to in subsection (1) does not conflict with the terms of the previously published notice of the intention of the council to undertake the work or with the petition for the work.
Allocation to be determination
A provision that the cost or a share of the cost of an improvement is to be assessed against certain land shall be taken as a determination within the meaning of this section that such land will be benefited by the work.
In sections 362, 363 and 367,
"assessable frontage"(a) in the case of sewers to be assessed on an area basis under section 346, means the area of that land that is to be assessed for the proposed work, and
(b) in all other cases means that portion of the frontage of a parcel of land that is to be assessed for the proposed work after making any allowances or adjustments authorized by section 374; («façade assujettie à la cotisation»)
"frontage" in the case of sewers to be assessed on an area basis under section 346, means "area". («façade»)
Petition for local improvements
Proceedings for the execution and completion of a local improvement may be initiated by a petition to the council requesting the improvement, signed by at least 3/5 in frontage of the owners of the land to be benefited thereby as determined by the council.
When council may proceed with work
On receipt of such petition by the council at a regular or special meeting, together with satisfactory evidence that a notice of the filing with the clerk has been given by the city to each owner of land to be benefited as aforesaid who has not signed the petition, by mailing the notice to the person's last known address, as shown on the last revised assessment roll, at least five days previous to the receipt by the council, the council may within the same year or the next succeeding two years proceed with the work without any further advertisement or notice being given.
Council initiating local improvement
The council may by by-law authorize the undertaking of any local improvement without a petition therefor, and the assessment of the cost shall be made on the land benefited, unless the owners of the land proposed to be assessed for the improvement, which land has assessable frontage aggregating at least 3/5 of the total frontage to be so assessed, petition the council against the improvement within one month after the publication of a notice by the clerk of an intention to submit the proposed work to the commissioner of works and operations to undertake the work; and the notice shall be inserted in at least one newspaper published in the city.
The sufficiency of a petition for or against a local improvement shall be determined by the city treasurer who shall then issue a certificate, and on the issue of that certificate the determination as to the sufficiency of the petition is final and conclusive.
Notwithstanding that any such notice of intention is expressed to be a 30 days' notice, instead of for one month, the notice shall not be deemed to be invalid nor to invalidate the assessment by-law passed in respect of the local improvement indicated in the notice, provided that all other notices required under the provisions of this Act to be given in connection with any such work, shall be given, and the time in connection therewith shall run concurrently.
Agreement by owners not to petition
In the event of any such notice being published in respect of a proposed work,
(a) if owners of land benefited by the work, having assessable frontage aggregating at least 3/5 of the total frontage proposed to be assessed therefor, agree with the city not to petition against the work; or
(b) if land representing, as to frontage to be assessed, at least 3/5 of the land benefited by the work, is owned by the city or if part of such 3/5 is owned by the city and the balance by owners who agree with the city as aforesaid; the work may be proceeded with before the expiration of the one month period hereinbefore mentioned, and the cost thereof may be assessed against the land benefited thereby as in the case of other local improvements; or
(c) if all the land benefited by the work is owned by the city the work may be proceeded with as a local improvement without the publication of any such notice and the cost of the work may be levied against such land as in other cases.
Local improvements on city's land
Subject to subsections (1), (3) and (4), in all cases where the land to be benefited by a proposed local improvement includes any land owned by the city, the city with respect to such land shall be regarded as an owner who is entitled to petition for or against the work, but has refrained from doing so.
Notice when assessment on abutting land
If the assessment is to be made only on land fronting on an improvement, it shall be sufficient for the notice to contain a general description of the improvement, stating the points between which it is to be made, and it shall not be necessary to state in the notice the value of the land rateable for the cost of the work or the rate to be imposed thereon.
Notice when assessment not on abutting land
If any par( of the contemplated work is not in any street or if the assessment is to be made in whole or in part on land other than that fronting on the improvement, the notice shall state generally the part of the street or streets on which the land proposed to be assessed fronts, and if it is proposed to assess some of the land at a greater rate than other land, owing to a greater benefit to be derived from the improvement, the proposal shall be indicated in the notice, but it shall not be necessary to define accurately the varying proportions of the assessment.
No further notice for two years
If the owners petition the council against the proposed work within the time mentioned in the notice, the work shall not be proceeded with as a local improvement, and no second notice in respect of the same proposed improvement shall be given by the council within two years thereafter.
No petition against improvement
Where no petition sufficiently signed is presented to the council against such improvement within the time limited, the city may, in die same or any succeeding year, carry it on to completion before making the assessment therefor, and the notice shall stand good as the authority for undertaking the improvement and for making the assessment.
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.
Improvements to boundary streets
In die case of a street, in either the city or an adjoining municipality, that is laterally contiguous to the boundary line between them, the city and the municipality may by mutual consent undertake any local improvement in the street and agree as to the respective shares of the cost thereof to be assessed against the properties benefited thereby in both the city and the municipality, and the shares to be assumed respectively by each of them as a whole; and the city and the municipality may also agree as to whether one or the other or both of them shall execute the work of construction, and agree in like manner as to the maintenance thereof, and as to the proportionate amount of the cost of maintenance to be paid by each.
On the city and the municipality entering into an agreement with respect to the matters hereinbefore mentioned, the proposed work shall be advertised by each according to the procedure applicable to other local improvements therein, and the owners of property affected in the city and the municipality shall have the same rights in respect to the proposed work and the special assessment therefor as if the work were proposed to be done in the city and the municipality and the cost thereof wholly assessed against property therein.
If the owners of land benefited by the work representing at least 3/5 of the frontage to be assessed in the city and the municipality, petition their respective councils against the work within the time limited for filing such petitions in the city and the municipality respectively the work shall not be proceeded with and it shall not be advertised again in the same year; but, if no such petition is presented within the proper time, the city and the municipality may proceed with the work and assess the cost by a frontage rate or by a rate in accordance with section 346 against the properties benefited by the work in the city and municipality as agreed.
City and municipality may borrow
The city and the municipality may each borrow money by the issue and the sale of debentures for the purpose of raising their respective shares of the cost of the work, including the property owners' share, in all respects as in the case of other local improvements.
The city may, before giving notice or passing a by-law authorizing the work, acquire any land required for a proposed improvement, and may take options to purchase the land either in the name of the city or any agent of the city, which options the city may or may not exercise, as the council sees fit, and if the work is not proceeded with, the council shall forthwith dispose of the land acquired, unless it can be utilized for some other work or undertaking of the city that is authorized by by-law.
The city may, without any of the formalities set out in this Act, except in the case of the opening or closing of a street, make any improvement within the classes hereinbefore designated as local improvements or do any work in a street with funds provided in advance by persons desirous of having the work done.
Appointment of board of appeal
There shall be a board of appeal consisting of three or more members of the council to be appointed in each year by resolution of the council.
The council may name a member of the board to be chairperson and the board may appoint a secretary.
A majority of the members of the board shall be a quorum.
Where non-abutting land affected
If the assessment for a local improvement is to be levied in whole or in part on any land other than that fronting on the improvement, then before proceeding with the work or passing a by-law making an assessment, the following steps shall be taken:
(a) a date shall be fixed by the board of appeal for the hearing of complaints against the proposed assessment;
(b) the city shall, at least ten days before that date, publish in a newspaper having a general circulation, a notice stating the time and place at which the board will sit, and specifying generally what the proposed assessment is for and the total amount to be assessed;
(c) a notice of the time and place at which the board of appeal will sit, shall, at least fifteen days before the day appointed for the sitting of the board be mailed by the clerk to the last known address of the owner or the agent of the owner of each parcel of land proposed to be assessed but not fronting on the work, and such notice shall contain a general description of the land of such owner in respect of which the same is given, a general description of the proposed work, the approximate total cost thereof, the approximate amount of the proposed assessment on the particular piece of land, and the time and manner in which it is to be payable;
(d) where the address of any owner, or his agent, if any, is unknown, such notice shall be sufficiently given if published in a newspaper published in the city at least fifteen days before the sitting of the board;
(e) notice to several owners may be included in one form of notice if it indicates the parcel of land owned by each of them;
(f) at the time and place appointed the board of appeal shall sit to hear and dispose of complaints against the proposed assessment.
The board of appeal in respect of such complaints shall have all the powers vested in the board of revision in dealing with appeals from the general assessment roll of the city.
Board may add land to assessment
The board may, among other things, inquire and determine what other land, if any, than those included in the proposed assessment appealed from, are or will be specially benefited by the proposed work, and may add such land to the proposed assessment, notwithstanding the land or any part of it may not have been specified in a notice of appeal; and shall cause all parties affected by the addition to be notified of the time and place when and where the matter will be heard, and may for that purpose adjourn the hearing of the appeal from time to time.
City's share of local improvements
If, in the opinion of the majority of the whole council, a local improvement benefits the city at large or generally and it would, in their opinion, be inequitable to raise the whole cost by local special assessments, the council may provide that a portion of the cost of the improvement, hereafter called the "city's share", shall be borne by the city at large, and the city may authorize the raising of the share by the issue and sale of debentures in accordance with the provisions of this Act governing the borrowing of money for other capital expenditures, provided that the city's share of the cost of an improvement shall not exceed 4/7 of the whole cost, except in the case or ornamental street lighting as hereafter provided and in the case of pavements where the cost of paving the street intersections together with allowances, if any, made in respect of irregularly shaped or comer lots, as hereafter provided, exceeds 4/7 of the whole cost, in which case the city's share may be, but shall not exceed, the total of such deductions and the cost of such intersections, and except also in the case of ornamental street lighting where the city's share may be, but shall not exceed, the cost of allowances, if any, made with respect to irregularly shaped or comer lots and for the installation of lighting of additional capacity as hereafter provided.
Levies in cases of exempt land
If any work is undertaken by the city as a local improvement and all or part of the land fronting thereon is exempt from special levies therefor, the city may pass the usual special assessment by-law as in ordinary cases and may assume as part of its share of the cost of the work the levies for the work which it might have made against the exempt land if it had not been so exempt, and such levies shall not be taken into account in computing the 4/7 limit prescribed in subsection (1).
Imposing of levies when land taxable
Except when a levy is for the placing of crushed stone, if any of the land fronting on the work is exempt during the whole of the term of the special levies, the full amount assumed by the city under subsection (2) may be levied against the land whenever it again becomes subject to taxation, at the same rate and during the same number of years as in the original term.
Levies on partially exempt land
If any of the land fronting on the work is exempt during part only of the original term, the levies may be imposed against the land for the part of the term in which it is not exempt and except when a levy is for the placing of crushed stone, additional levies may be imposed for a further period sufficient to reimburse the city for levies assumed by it under subsection (2).
Where more than 40% in frontage of the land fronting on the work is exempt from taxation when the work is ordered to be done, it shall not be necessary to advertise the city's intention to do the work as in the case of an ordinary local improvement, but all of the other provisions of this Act applicable to local improvements shall apply and the work may be proceeded with immediately.
In any case where the city publishes a notice of its intention to undertake a local improvement and to assume the levies in respect of exempt land fronting thereon, for the purpose of determining whether a petition against the work is sufficiently signed, the total frontage to be assessed shall be deemed to include the frontage of the exempt land.
In addition to the powers hereinbefore contained, and without regard to the 4/7 limit prescribed in subsection (1), where the city installs as a local improvement ornamental street lighting with a greater illuminating capacity than is required for ordinary residential purposes or constructs a pavement as a local improvement which is wider or stronger than is deemed by the city as sufficient for ordinary purposes, the city shall have the power to assume as part of its share of the cost of the work, the whole or part of the cost of the excess illuminating capacity of the ornamental street lights or of the excess width or thickness, or of any other extra cost of the pavement in excess of what would have been the cost of an ordinary pavement.
Notwithstanding anything to the contrary in subsection (2) or (7), the share of the cost of any local improvement assumed by the city at large, shall not exceed
(a) the total of any levies in respect of exempt land, assumed under the authority of subsection (2) and any extra cost assumed under subsection (7), together with the cost of intersections and allowances referred to in subsection (1); or
(b) 4/7 of the total cost of the work; whichever is the greater.
Refund of levies for crushed stone
The city may refund any monies collected by it from any person pursuant to a levy for the placing of crushed stone made under subsections (3) and (4).
Improvements in urban renewal areas
If any work is undertaken by the city as a local improvement under an agreement entered into with the Government of Canada for an urban renewal project under the National Housing Act, 1954 (Canada) the city may pass the usual special assessment by-law as in ordinary cases and the land benefited thereby shall be exempt from the special levies therefor for the purpose of subsection (2) during such time as it is owned by the city or the Government of Canada or both or by the Province of Manitoba or by any or all of them and in the case of a sale of any part of the land subsections (3) and (4) shall apply.
Notwithstanding section 372, in a residential district where lots on one side of a street are arranged in one or more bays and a U-shaped pavement is constructed in a bay or other work undertaken therein, as a local improvement, and at the same time or subsequently a pavement is constructed or other work undertaken in that part of the street extending across the open end of the bay, as a local improvement, the city may assume one-half, or any smaller fraction, of the cost of the last-mentioned pavement or work, in addition to any other share of the cost thereof, or of levies in respect thereof, which the city may assume under other sections of this Act.
If the city constructs a sidewalk across the open end of a bay at the expense of the city at large, it shall have the same power to borrow money to pay the cost thereof as it has to borrow to pay the cost of a local improvement.
Equitable mode in special cases
The city may provide an equitable mode of assessing for local improvements, any parcel of land fronting on two or more streets, non-rectangular parcels, parcels fronting on a river, parcels fronting on street intersections, and parcels regarded as fronting on a street by virtue of being within 12 feet therefrom, although not actually abutting thereon, as well as land between such parcels and the street, having due regard to the situation, value and superficial area of such parcels as compared with adjoining parcels assessable for such improvements, and may charge the amount of any allowance made on any such parcel on the other real property fronting on the improvements, or benefited thereby, or assume the same as a portion of the city's share of the improvement.
It shall not be necessary to include in any notice of the intention of the council to undertake a local improvement a statement of the amount of the assessment to be made therefor on any such land, but the assessment shall be subject to appeal to the board of appeal and from the board to The Municipal Board in the same manner as that in which appeals from the board of revision are made under Part IV of The Municipal Assessment Act.
Any such appeal to the board shall be brought within three months of the date of mailing of the tax statement showing the assessment complained against, or the first of the assessments, if spread over a term of years.
Land unfit for building purposes
If any land fronting on a street is, in the opinion of the council, unfit for building purposes for any cause, the city may determine in what proportion the cost of any local improvement shall be assessed against the different parcels of land fronting on the street, and there shall be the same right of appeal from such determination as is provided in section 374.
Where land fronts on park or drive
Where work is done as a local improvement in a park, square, scenic drive or boulevard, land abutting thereon shall only be assessed for the cost of the work to the extent that it is specially benefited thereby, and where there is taxable land on only one side of such drive or boulevard, the city at large shall assume at least one-half of the cost of the work and the work may be done and the cost assessed in spite of any adverse petition by the owners of the property affected.
Where land is taken or required for the purpose of opening a street, and the owner of the land donates it to the city for the purpose, the city may, in assessing the cost of the improvement, exempt the owner from the whole or a portion of the cost of purchasing other land taken or required to be taken for the street, and may charge the whole or any portion of the cost against the land from which the purchased land was taken, in such manner, and in such proportion as the council considers most equitable, having regard to the lands given and purchased and the respective advantages accruing to the owners of the various lands benefited by the improvement.
Except as otherwise provided, the portion of the cost of every local improvement not assumed by the city at large, or the whole cost where no part is so assumed, such portion, or the whole, as the case may be of such cost, being hereinafter called the "property owners' share", shall be assessed against the property benefited, by a special annual rate in accordance with the assessment under section 346, and if different areas of land benefited are to be assessed with different portions of the cost of the work, the special annual rate may be different for different areas.
The city may regulate the time or times and manner in which the special assessments for any local improvements are to be paid, and the terms on which the assessments may be commuted by the payment of principal sums.
A debt created by the city to provide the property owners' share of the cost of a local improvement shall be payable within the probable life of the improvement as certified by the engineer, in the case of sewers, not exceeding 30 years, and in the case of community centres, not exceeding 10 years; but in any case within 50 years and the special annual rate mentioned in section 378 shall be sufficient to pay interest on the debt and to pay the annual instalment of principal or to provide a sinking fund sufficient to discharge the debt when payable as in the case of other debts created by the city; provided that in fixing the special annual rate, the city may provide for interest on the debt at a higher rate than the rate payable by the city under its debenture by-laws to cover the discount on the sale of debentures and to meet the costs of assessment and collection, but the excess shall not exceed 1% per annum.
Where the first assessment for a local improvement proves insufficient, the council may make a second or other additional assessment in the same manner, and so on until sufficient monies have been realized to pay for the improvement; and if too large a sum shall at any time be raised, the excess shall be credited rateably on account of taxes levied against the lands assessed for the improvement.
Part of local improvement completed
If on completion of part of the work of a local improvement it is in the opinion of the council considered advisable after due advertisement not to proceed further with the work, the council may assess the cost of the work partially completed on the lands benefited by the work.
Construction of private approaches
When the city constructs, renews or alters a pavement as a local improvement, it may
(a) make and place all necessary driving or other approaches and crossings to private properties, and include the cost thereof in the amount of frontage assessment chargeable to the respective properties and collect it in the same way as the cost of other local improvements;
(b) put in all necessary private drain connections from any existing sewer within the area of the work, to the street line on each side thereof, and may assess and levy the cost of such connections on the particular property benefited thereby as part of its share of the cost of the local improvement, the assessments being equalized as between the properties on each side of the street where the sewer is not in the middle of the street.
Connection with sewer and water main
Whenever the city is about to pave a street, or portion of a street, in which sewer and watermains have been or are being laid, it may require owners of properties fronting or abutting on the street or portion of street forthwith, or within such time as the commissioner of works and operations shall fix,
(a) to connect their properties with the sewer main; and
(b) to notify the commissioner of works and operations of the location of the water connection; and if any such sewer connection is not made or the location of the water connection is not given as required, the city may make the connection and the cost thereof shall be payable, as in this section provided; or forbid for such period of time as it may determine, save with special permission of the council, any such connection being made in any manner that may involve cutting, breaking, opening, replacing, repairing or altering the pavement.
The cost, as certified by the engineer, or such portion thereof as council may decide, of any sewer connection made by the city under this section, may, if not paid forthwith on completion of the work, be added to the taxes as a frontage assessment chargeable to the property served by the connection and collected in the same manner as local improvement charges.
Until a water connection is used the owner of the property served shall pay to the city therefor such annual or other charge for the water connection as the city may determine and the city may add the charge to and collect the same as taxes levied against the property.
Compliance with statutes and by-laws
Nothing in this section shall be deemed to excuse the due compliance by the owners or occupants of any properties with any Act of the Legislature or any regulation made thereunder or any by-law of the city in respect of drains, sewers or water services.
Consolidated assessment by-laws
The council may at any time pass one or more consolidated special assessment by-laws, each of which may levy special rates in respect of any number of separate local improvements; and the special levies imposed by any such by-law may be at various rates per foot frontage or at a rate per square foot and for various terms, provided that a separate schedule for each separate local improvement is attached to and made part of every by-law, and provided that the rate imposed in respect of each local improvement is an annual rate per fool frontage or per square foot on all properties that are to bear the cost of the improvement.
Each schedule shall contain
(a) a brief description of the local improvement and the amount of the cost thereof which is to be levied by special rate;
(b) a description of the individual Jots or parcels of land which are to bear the cost of the improvement;
(c) the rate to be levied;
(d) the year or years in which the levy is to be imposed;
(e) the amount of the debt, if any, intended to be created in respect of the particular improvement referred to in the schedule.
Effect of lower rate of interest
No local improvement assessment by-law passed by the council shall be invalid by reason of its providing for a lower rate of interest on debentures or for a payment over a longer term of years than that mentioned, if any be so mentioned, in the notice of the council's intention to undertake the work.
Special assessment by-law quashed
Where a debt has been incurred by the city for a local improvement, and after the incurring of the debt the special assessment for the work or improvement or the by-law providing for borrowing money therefor is set aside or quashed, either wholly or in part, the council may cause a new assessment or assessments to be made and may pass a new by-law, as often as may be necessary, to provide funds for the payment of the debt incurred.
Restriction on local improvements
Nothing herein shall be construed as authorizing any assessment to be made or improvement to be undertaken under this Part unless it is initiated in one of the methods set forth under section 362 or 363.
On the coming into force of a by-law making a special assessment for a local improvement, the assessment shall continue a charge on the land affected thereby until it is fully paid.
Power to defer special assessment
On the coming into force of a by-law making a special assessment for a local improvement, whether passed before or after the coming into force of this subsection, the council may, by by-law defer or remit, subject to such terms and conditions as may be prescribed in the by-law, the payment of the whole or part of the special assessment in respect of any land benefited by the local improvement where, in the discretion of the council, it is advisable to do so.
Where, under subsection (1), the council defers payment in whole or in part of a special assessment in respect of any land, the city shall forthwith file a notice of the deferment in the Winnipeg Land Titles Office and the district registrar shall enter a memorial of the notice on the certificate of title for the land.
Special charge on real property
Every special assessment made, and every special rate imposed and levied under any of the provisions of this Act, and all sewer rentals and all charges for work done or services rendered by the city on default of the owners of land under the provisions of this Act or of any by-laws, shall form a lien or charge on the land on or in respect of which the work was done or against which the cost thereof has been levied or charged, and shall be collected in the same manner and with like remedies and subject to like penalties for non-payment as ordinary taxes on land are collectable under this Act.
Unaccrued assessments no encumbrance
Unaccrued assessments or levies for local improvements shall not be deemed to be an encumbrance as between vendor and purchaser.
Notwithstanding any local improvement assessment by-law to the contrary, local improvement frontage taxes authorized to be charged against any servient tenement shall be reduced in the same proportion as the value is reduced under and by virtue of the authority contained in Part 7 respecting the assessment of easements and the amount of such reduction shall then be charged and added to the assessment against the dominant tenement in respect of the local improvement.
Local improvement frontage taxes authorized to be charged against any reserved strip which, under the provisions of subsection (1), if not separately assessed, shall not be so charged but shall be charged against the dominant tenements in proportion to the value of the respective easements appurtenant thereto.
BUILDINGS, WORKS AND SERVICES
Council may
(a) authorize the acquisition or construction of any building, plant or equipment required for any purpose of the city, including the housing of any city official or for any business or other operation which the city may be authorized to conduct;
(b) construct or acquire a building with floor space which is greater than is necessary for the accommodation of city services required and may lease or rent any surplus floor space not required for city services; and
(c) rent, lease or purchase any buildings for the purpose of providing public rest and reading rooms or other public accommodation and shall, in the event of so doing, make regulations for the conduct and maintenance of them.
The city may establish and regulate parking sites on land not part of a highway and may erect buildings thereon for the purpose of affording accommodation to the public, with or without charge, for the parking of vehicles, and may operate the sites and buildings or arrange for them to be operated by other persons under agreement with the city.
Commercial use of parking buildings
Where the council considers it expedient in order to assist in defraying the operating costs of the building, it may
(a) provide therein space for commercial uses; and
(b) lease that space for commercial uses including the sale therein by the lessee or lessees of any goods or commodities of trade or commerce.
For the purposes authorized by subsection (1) the city may acquire and hold stock in any company authorized to do business in Manitoba and having as one of its objects the providing of public parking accommodation.
Parking meters on private land
For the purposes authorized under subsection (1), the city may enter into, and carry out, agreements with any person whereby private property is used for public parking and the city may install, maintain, regulate and charge fees for the use of parking meters on the private property on terms provided in the agreement and may enforce any by-laws of the city with respect thereto in the same manner and with the same powers as by-laws respecting parking meters on streets.
The city may erect, equip, operate and maintain pedestrian decks, together with all utilities, services and facilities appurtenant to them as may be considered expedient.
Deck may be designated public street
For the purpose of control and regulation of the use of a pedestrian deck, a pedestrian deck, together with the places and the means of gaining access to the deck and exit from it, may be designated by council to be a public street.
Weather proofing pedestrian decks
Where a pedestrian deck is constructed, opposite or adjoining a building fronting or abutting on the street, the city may do all tilings necessary to strip-seal any space between the pedestrian deck and the building in order to weather-proof the pedestrian deck.
The city may enter into agreements with the Province of Manitoba for the performance of any work or services for the province by the city, either inside or outside the territorial limits of the city, on such terms as the city and the province may agree on.
The city may establish and operate quarries and pits within or without the city for the production and supply of stone, gravel and sand for its own use and may sell to any person, at such prices as it shall see fit, any stone, gravel or sand so produced.
The city shall have power to establish, maintain and operate within or without the city, and make regulations for the general maintenance, management and conduct of, water and land airports and aviation fields, hangars and aircraft landing places, including sites for repair plants and the manufacturing of aircraft or parts thereof.
The city shall have power to establish the rates, prices, and rents to be charged for goods, services or privileges supplied by the city in carrying on such undertaking and to make regulations for the enforcement of payment thereof.
The city may pass by-laws for the regulation, establishment and maintenance of ferries wholly within, or with the concurrence of another municipality, within the city and such other municipality, and for the granting or joining in the granting of exclusive privileges of operating any such ferry for any term not exceeding 10 years, on such terms and conditions as to the rate of ferriage and the management and operation as shall seem best.
Council, on being satisfied that extraordinary measures should be taken to provide food or fuel for the residents of the city, may authorize the purchase of such quantities of food or fuel as may be necessary and hold it in reserve or sell it to the residents of the city in the manner, in the quantities and on the terms and conditions as the council considers just.
For the purpose of exercising the authority given by any such order, the city may buy, lease or otherwise acquire such yards, buildings, warehouses or equipment as may be necessary for the storing, handling, delivering or otherwise dealing with the food or fuel.
The city may establish, maintain, operate and regulate cemeteries, crematoria, parks, pleasure grounds, playgrounds, or an agricultural, industrial or other exhibition, inside or outside the limits of the city.
The city may
(a) establish, regulate and charge fees for the use of public bathing places, swimming baths, public bathhouses and gymnasiums, and may authorize the operation of them on any day, including Sunday;
(b) establish, manage and maintain public libraries and branches of them established by the city or others and may establish new branches, and for that purpose, may regulate and govern the use of the library and prescribe a penalty for the infraction of any rule made for the regulation thereof;
(c) establish, operate, regulate and charge for the use of auditoriums, theatres, assembly halls, art galleries and museums; and for those purposes may expend each year such sums as council shall decide for purchasing or borrowing pictures, statuary, or other works of art, or objects of scientific or historical interest, the holding of exhibitions or entertainments, and for the salaries and expenses of management and maintenance of the buildings for the purposes thereof; and
(d) undertake and carry out a program of recreational activities for the purpose of promoting physical fitness.
The city may establish, operate and regulate abattoirs and stockyards in conjunction therewith.
City may regulate and prescribe fees
On the establishment of such undertaking, the city shall make regulations for the conduct thereof, and specify the fees and rentals to be charged for the use thereof, and such regulations shall provide that no person shall be given any monopoly, advantage or preference in the use thereof. Such regulations may further provide that no animals shall be slaughtered in any place other than an abattoir operated by the city.
The city may construct, establish or discontinue markets and weigh scales, and make regulations with respect to their use and the charges to be made therefor including regulations for enforcing payment of any charge made with respect to goods brought into the market, by distress and sale thereof.
The city may establish and maintain pounds.
The city may carry out such work as it considers necessary each year within the city, or within a distance of 15 miles of the city, for the suppression of mosquitoes, flies and other insects.
Any such work may be done by the city within another municipality only with the consent of the council of the other municipality.
Power to assist other municipalities
The city may donate money to any municipality wholly or partly situated within fifteen miles of the city to assist in defraying the cost of work of mosquito control carried out by that municipality, and any municipality so situated is hereby empowered to carry out mosquito control work or donate sums to the city for that purpose.
The city may by by-law require the owner or occupant of any premises to keep all eavestroughs attached to the premises and drain pipes leading therefrom free of leaves, rubbish or other obstructions so as to prevent the retention therein of stagnant water.
The city may prohibit or regulate the having or keeping in yards or other places out of doors of receptacles capable of holding rainwater, and may make such other regulations for the prevention of mosquito breeding as the council may deem necessary.
Works with other municipalities
The city and any other municipality shall have power to enter into an agreement for executing any work within the powers of either of them and for apportioning and providing for the time and manner of payment of the cost of the work; and each municipality that is party to the agreement may pass by-laws for the issue and sale of debentures to provide for its share of the cost and for assessing and levying the share or a portion of it on all the rateable real property within the municipality, or on the real property within its boundaries, benefited by the work, as if it were a local improvement solely within the municipality.
Borrowing as local improvement
Notwithstanding anything in subsection (1), in any by-law for the issue and sale of debentures under subsection (1) the city may provide for the borrowing of a sufficient sum to cover the entire cost of the work as a local improvement.
Agreements with school divisions
The city and any school division may enter into agreements for the provision by one of the parties to the other of any services, or for the sharing of equipment, buildings and other facilities.
The city may pass by-laws for granting aid to any other municipality for opening, making, maintaining, widening, raising, lowering or otherwise improving any street, bridge, ditch, drain or sewer outside the city.
The city may from time to time appoint the members and regulate the organization and maintenance of a civic charities bureau, whose duties shall be to examine into the character and bona fides of all charitable concerns seeking aid from the city or residents.
Prohibition regarding contracts
No director, trustee, or officer of the board of any public hospital, exhibition board, or society, or other organization receiving grants or payments from the city shall, either directly or indirectly, enter into any contract of any kind or make a purchase or sale in which the organization is a party interested; and any contravention of this section shall be held to be a disqualification of such person to continue to hold office as a director, trustee or officer aforesaid, and the contract, purchase or sale shall be held void in an action thereon against the organization.
Authority for flood protection
Subject to the rights and authority of the Crown, howsoever arising, including the rights, authority, and jurisdiction of the Crown in respect of any works, and subject to The Water Rights Act and the powers, privileges, and authority of any person under that Act, the city has full authority in respect of protection against floods within the city.
The city shall be deemed to be a municipality within the meaning of The Dyking Authority Act and shall be deemed to be the only municipality to which that Act applies, and
(a) the city has all the powers and authority invested in, and is charged with all the duties charged on, a municipality under The Dyking Authority Act;
(b) the city is the authority under The Dyking Authority Act.
All that part of the land covered by the waters of the Red River or the Assiniboine River at normal summer water mark that is within the city or the additional zone, and the parts of the rivers that are within the city or the additional zone, and all the land within the city and the additional zone that lie on each side of, and adjacent to, either of the rivers and extend on each side of the rivers, a horizontal distance of 350 feet from the normal summer water mark shall be deemed to be a designated area within the meaning of The Rivers and Streams Act, and to have been so designated under section 2 of that Act notwithstanding subsection (2) of that section.
For the purposes of The Rivers and Streams Act, the land and waters described in subsection (1) may, notwithstanding subsection 2(4) of that Act, be known and described as: "The Winnipeg Rivers and Streams Designated Area No. 1".
The council shall, for the purposes of The Rivers and Streams Act, be deemed to be the authority for The Winnipeg Rivers and Streams Designated Area No. 1 and to have been designated as such under subsection 9(1) of that Act and council may delegate its authority under this section to such persons, not less than three in number, to consider applications and approve permits under section 624.
For the purposes of The Rivers and Streams Act, the council may, notwithstanding subsection 9(1) of that Act, be known and described as "The Winnipeg Rivers and Streams Authority No. 1".
Subsections 9(2) to (9) of The Rivers and Streams Act do not apply to the council in its capacity as The Winnipeg Rivers and Streams Authority No. 1.
In the interpretation of The Rivers and Streams Act in its application to The Winnipeg Rivers and Streams Designated Area No. 1 and to The Winnipeg Rivers and Streams Authority No. 1, each reference to a municipality means the city.
The city has all the responsibility and duties charged on, and all the powers and authority vested in, a municipality under The Noxious Weeds Act.
Notwithstanding anything contained in The Noxious Weeds Act, if the city in exercising its powers under this section incurs any expense by reason of any of its weed inspectors cutting down or destroying or causing to be cut down or destroyed any noxious weeds within the city, the cost of the work is a debt due to the city by the person, firm, or corporation whose duty it is under The Noxious Weeds Act to destroy the weeds, and may be recovered by the city by action in a court of competent jurisdiction; and the city has a lien on the lot or parcel of land on which the weeds were cut down or destroyed in the amount of the cost of the work.
In lieu of collecting the cost of work as provided in subsection (2), the amount of the costs, certified by the weed inspector, may be recovered by the city by summary process of law and it may be added to the taxes on the land on which the weeds were cut down or destroyed or on the building or structure thereon, and may be collected in the same manner as other city taxes are collected.
In this section "plant" includes a tree, shrub, vine, herbaceous perennial or annual, but does not include a plant of a cereal grain or a feed crop or forage crop or sugar beets or turnips.
By-laws to control plant diseases
The council may, and when required under The Plant Pests or Diseases Act shall, pass by-laws
(a) for instituting on its own initiative, or subject to clause (b), for participating in, programs and measures designed to control and eliminate Dutch Elm Disease, and, without restricting the generality of the foregoing, programs and measures relating to the quarantine, destruction, and chemical and other treatment, of plants infected or suspected of being infected with Dutch Elm Disease; and
(b) authorizing the execution and implementation of agreements between the city and the government represented therein by the Minister of Agriculture, or between the city, the government as so represented, and one or more municipalities, relative to the steps to be taken by the parties thereto for the purpose of furthering programs and measures of the type to which reference is made in clause (a).
An agreement made under clause (2)(b) may provide for the apportionment between the parties thereto of all costs to be incurred in implementing the agreement.
Duties respecting plant diseases
The city has all the responsibilities and duties, and is vested with all the rights, powers and authority, within the city in respect of the control and eradication of Dutch Elm Disease that a municipality has or is vested with under The Plant Pests and Diseases Act.
The city may establish and regulate automobile, trailer park and tent camp sites, within the city and the additional zone and may construct, operate and maintain facilities and works thereon for the purpose of affording accommodation to the public, and may make regulations with respect to their use and the charges to be made therefor, and may operate and maintain the sites, works and facilities or arrange for them to be operated or maintained by other persons under agreement with the city.
Parking authority may be established
The council may establish by by-law, an authority to be known as: "The Parking Authority of The City of Winnipeg", to which the council may delegate any or all the powers exercisable by it regarding the construction, maintenance, control, operation, and management of public parking lots and parking buildings belonging to the city.
The council may appoint such persons as it considers necessary to carry out the powers delegated by council to the Parking Authority of The City of Winnipeg.
The members may be paid such salary or other remuneration as may be fixed by by-law of the council.
The parking authority shall fix rates and charges for the use of parking facilities under its control and management.
The parking authority shall submit to the council its estimates for each year at the time, and in the form, prescribed by council and make requisitions on the council for all sums of money required to carry out its powers and duties.
Nothing in this section divests the council of its authority with reference to providing the money for the purposes of the parking authority; and when money is so provided by the council, the treasurer of the city shall, on the certificate of the parking authority, pay out the money.
On or before such date as council may prescribe, the parking authority shall submit to the council its annual report for the preceding year, including a complete audited and certified financial statement of its affairs, with the balance sheet and revenue and expenditure statement.
The city auditor shall be the auditor of the parking authority; and all books, documents, transactions, minutes and accounts of the parking authority shall, at all times, be open to his inspection.
The power, right, authority, and privilege of the city to raise money by the issue of debentures or otherwise for the acquisition of land or construction of buildings to be used for the public parking of vehicles, and the power to guarantee repayment of any loan or loans to any person for parking facilities, shall not be transferred to the parking authority.
Abolition of parking authority
Upon the repeal of the by-law establishing the parking authority, the parking authority shall cease to exist and its undertaking, documents, assets and liabilities shall be assumed by the city.
PUBLIC CONVENIENCE AND WELFARE
The city may authorize and regulate the numbering of buildings along the streets and may require the owners and occupants of the buildings to affix, and keep affixed, the numbers of the buildings.
The city shall keep for public inspection a record of all streets, showing the numbers of the buildings thereon, the names and numbers of all apartment and business blocks and tenement buildings, and divisions of the streets with the numbers allotted to each division.
Preventing duplication of names
The city may pass by-laws for preventing the duplication or assimilation of the names of apartment and business blocks and tenement buildings.
The city may pass by-laws
(a) for causing vacant lots to be properly enclosed;
(b) for setting the height and description of lawful fences, and for regulating the kind of, and the height, description and manner of maintaining, keeping up and laying down, fences along highways or any part thereof, and for making compensation for the increased expenses, if any, to persons required so to maintain, keep up or lay down such last mentioned fences or any part thereof;
(c) for regulating the height, extent and description of lawful division fences, and for determining how the cost thereof shall be apportioned; and for directing that any amount so apportioned shall be recovered in the same manner as general penalties other than those for which a specific method of collection is prescribed under this Act;
(d) for preventing, regulating and removing barbed wire, buckthorn and other similar fences along or near streets and highways.
The city may enter on any land for the purpose of causing any tree, shrub or sapling growing or planted on land adjacent to a street to be trimmed or removed when deemed necessary for the convenient use of the street without being liable in damages or for compensation for the trimming or removal of the tree, shrub or sapling.
Subject to subsection (3), before the city exercises the powers set out in subsection (1), it shall cause reasonable notice to be served on the owner or occupier of the land, and the notice
(a) shall be in writing, addressed to the owner or occupier at the address of the property affected and shall be mailed, postage prepaid and registered, or be served by personal service on the owner or occupier, or, if no owner or occupier is known, by posting the notice in several conspicuous places on the land;
(b) shall be served at least seven clear days before the city exercises the powers under subsection (1); and
(c) shall state
(i) the lime within which it shall exercise its authority,
(ii) a reference to the statutory authority under which the city is proceeding, and
(iii) a brief summary of the reasons the city is exercising its authority.
Non-application of subsec. (2)
Subsection (2) does not apply in cases of emergency or apparent danger to persons or property.
Removal of snow and obstructions
The city may pass by-laws
(a) for compelling persons to remove all snow and ice from the roofs of the premises owned or occupied by them;
(b) for compelling owners or occupants to remove and clear away all snow, ice and dirt and other obstructions from the sidewalks and streets adjoining such premises;
(c) for compelling owners to provide for the cleaning of sidewalks and streets adjoining vacant property;
(d) for providing for removing and clearing away all snow and other obstructions from such sidewalks and streets at the expense of the owner or occupant in case of his default; and in case of non-payment, for charging such expenses as a special assessment against such premises, to be recovered in like manner as other municipal rates;
(e) to provide for the removing and clearing away of all snow, ice, dirt and other obstructions from the sidewalks and streets of the city, or in any prescribed area, and charge the expense of such removal as a special assessment against the real property in such area according to the frontage thereof, to be recovered in like manner as other municipal rates; and
(f) for providing that the city may assume a portion of the cost of the removal of snow from lanes.
Regulations for public welfare
The city may pass by-laws
(a) for taking a classified census of the residents of the city;
(b) for preventing or regulating noises which, in the opinion of the council, are unnecessary or may be prejudicial to the public health, either by reason of interfering to a greater or less degree with the rest or comfort of residents or otherwise;
(c) for prohibiting the pulling down or defacing of signs or other advertising devices and notices lawfully affixed;
(d) for preventing the injuring or destroying of trees or shrubs planted for shade or ornament, and the defacing of private or other properly by printed or other notices;
(e) preventing, and compelling the abatement, of nuisances generally, and regulating untidy and unsightly premises;
(f) providing for the removal or pruning of trees or shrubs, on private property or otherwise, that in any way interfere with or endanger the lines, poles, conduits, pipes, sewers or other works of a municipal or other public utility;
(g) for preventing cruelty to animals and preventing the destruction of birds;
(h) for preventing or regulating the firing of guns or other firearms, and the firing or setting off of fire balls, squibs, crackers or fireworks, and for prohibiting the sale within the city of fireworks to any person;
(i) for licensing and regulating the having or keeping of bicycles, but not including the having or keeping of new bicycles for sale.
Subject to subsection (3), 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 Ilie land which that agent, lessee or tenant occupies.
Where a by-law is passed under subsection (3) 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 8 applies.
Boulevards which benefit the city
A by-law passed under subsection (3) 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 (2).
A person thereunto authorized by the council may, with the consent of the owner or occupier, but subject to subsection 155(1) (warrant), enter any land, building or premises to inspect for conditions that may constitute a nuisance or contravene or fail to comply with a by-law passed under subsection (1).
In any by-law passed under subsection (1) the council may
(a) require the owner, agent, lessee or occupier to remedy in such manner as the council may direct any condition on his land that constitutes the nuisance or that contravenes or fails to comply with the by-law and impose appropriate fines and penalties in case of failure to do so;
(b) provide that if the owner, agent, lessee or occupier fails, neglects or refuses to remedy the condition, the council may cause such work to be done as the council considers necessary to remedy it;
(c) charge the cost of the work done to remedy the condition to the owner, agent, lessee or occupier, and in default of payment
(i) recover the cost as a debt due to the city, or
(ii) charge the cost against the land concerned as taxes due and owing in respect of that land and recover the cost as such; and
(d) make any other provisions that the council considers necessary to carry out the purposes of the by-law.
Any owner, agent, lessee or occupier who receives a notice, order or direction requiring him to abate a nuisance or to remedy any condition that constitutes a nuisance or that contravenes or fails to comply with a by-law passed under this section and who thinks himself aggrieved may appeal within 10 days to the Court of Queen's Bench and if it is satisfied that the council has acted unreasonably or unjustly or in a manner contrary to the intent and meaning of this section, it may set aside, vary or modify the notice, order or direction of the council.
By-law on motor vehicle race tracks
The council may pass by-laws
(a) for prescribing the standards to be observed in the construction and operation of motor vehicle race tracks, motor vehicle speedways and other similar motor vehicle courses, for the protection of persons attending them;
(b) for requiring the operators of any such race track, speedway, or course to obtain a licence for the operation thereof;
(c) for imposing a penalty for any infraction of any such by-law.
The council may pass by-laws
(a) regulating, prohibiting and licensing, or any one or more of those things, any temporary activity on the whole or any part of the frozen surface of any river, stream or body of water within the city, including, but without limiting the generality of the foregoing, activities of pedestrians and vehicles, for the safety and convenience of the public; and
(b) providing for the temporary placing of markers, signs, guards, safety appliances, and the construction of temporary devices as a means of crossing the frozen surface of any river, stream or body of water within the city; so as not to interfere with navigation and shipping.
Parking vehicles on private property
The council may pass by-laws, applicable to the whole or any part of the city,
(a) prohibiting a person from parking or leaving a vehicle, without the permission of the owner, occupant, or the person in charge or control, of the property, on private property;
(b) requiring any owner, occupant, or person in charge or control, of private property who wishes to take advantage of a by-law to which this section refers for the purpose of keeping persons, or unauthorized persons, from parking or leaving vehicles on the property, to erect and maintain thereon a clear and legible sign, in a form prescribed in the by-law, indicating
(i) that parking of vehicles thereon is prohibited;
(ii) that unauthorized parking of vehicles is prohibited; or
(iii) that unauthorized parking during specific periods is prohibited;
(c) providing that the owner of any vehicle and the driver thereof shall incur the penalty provided for any violation of the by-law;
(d) appointing garage keepers as vehicle pound keepers;
(e) providing for the removal from private property of a vehicle parked or left there in contravention of a by-law passed under this section, and the impoundment thereof by a vehicle pound keeper;
(f) fixing the charges for the removal and storage of any vehicle removed from private property under the authority of a by-law passed under this section;
(g) providing for the release of any vehicle from any vehicle pound on the payment of all removal, impoundment, and storage charges payable to the pound keeper;
(h) prescribing forms of signs for the purpose of the by-laws to which this section refers.
Lien in favour of garage keeper
The costs and charges incurred in towing, removing, impounding, and storing a vehicle removed under this Act are a debt owed by the owner of the vehicle, and create a lien in favour of the person towing, removing, impounding, or storing the vehicle to the same extent, and in the same manner, as if the debt were incurred under The Garage Keepers Act.
Where
(a) in a prosecution of an owner of a vehicle, or any other person, for parking or leaving the vehicle contrary to a by-law passed under subsection (1);
(b) in a prosecution of a person for any offence involving the unlawful removal or impoundment of a vehicle; or
(c) in any action or proceeding brought by the owner of a vehicle to recover the charges for removal, impoundment or storage of the vehicle; the justice finds that the removal of the vehicle from private property and the impoundment of the vehicle in supposed compliance with a by-law passed under subsection (1) was not in compliance with the by-law, the justice may order that any charges for removal, impoundment or storage of the vehicle paid by or on behalf of the owner of the vehicle be refunded to the owner by the person to whom the charges were paid.
In this section, an object shall be conclusively deemed to be a derelict vehicle if it is not a new and unused vehicle, and if
(a) it is not in operating condition;
(b) it does not have attached to it, and exposed on it, one or more number plates issued under The Highway Traffic Act for the current registration year under that Act;
(c) it is kept in the open; and
(d) the owner thereof either
(i) has abandoned it; or
(ii) is keeping it primarily for the purposes of salvaging or selling parts therefrom, or for the eventual sale thereof as scrap metal; and a derelict vehicle also includes the body or chassis of a used motor vehicle all or some of the parts of which have been removed, and to which clauses (b), (c), and (d) apply.
Unless the owner thereof establishes the contrary to the satisfaction of the city, or of a court, if the matter is before the court for adjudication, an object to which subsection (1) otherwise applies shall be deemed to have been abandoned within the meaning of clause (1)(d) if, for a period of at least one month
(a) it has been left in the open; and
(b) it has, in the opinion of the city or the court been deserted.
By-law respecting derelict vehicles
The council may pass by-laws
(a) prohibiting a person from parking or leaving derelict vehicles on private property with or without the consent of the owner of the property;
(b) requiring any owner, occupant, or person in charge or control of private property who wishes to keep derelict vehicles thereon to obtain a licence for the purpose from the city and fixing the amount to be charged for the licence;
(c) providing for the removal from private property of any derelict vehicle parked or left thereon in contravention of a by-law passed under this section and for the impoundment, storage, destruction, or disposition thereof;
(d) fixing the charges for the removal, impoundment, storage, destruction, or disposition of any derelict vehicle removed from private property under the authority of a by-law passed under this section; or
(e) imposing a fine of not more than $20. on any person found guilty of violating the provisions of any such by-laws, and providing that each day on which the violation of the provisions of the by-law continues is a separate offence; or in respect of any two or more of the matters mentioned in this subsection.
The costs and charges incurred in towing, impounding, storing, destroying, or disposing of a derelict vehicle removed by the city under a by-law passed under this section is a debt owed by the owner of the derelict vehicle and the owner of the property from which it was removed, jointly and severally, to the city, and may be recovered by the city in any court of competent jurisdiction.
The city is not liable for damages for anything done by it that it is authorized to do under this section, if it satisfies the court that it had reasonable cause to believe that the object with respect to which the action was taken was, in fact, a derelict vehicle.
Operation of non-licensed vehicles
The city may pass by-laws, not inconsistent with this Act, The Highway Traffic Act or The Snowmobile Act, respecting the operation, within the city, of motorized vehicles not required to be registered under The Highway Traffic Act or The Snowmobile Act, and
(a) prescribing the periods of the day, or of the year, during which such vehicles shall not be operated;
(b) prescribing areas in which such vehicles shall not be operated;
(c) preventing operators of such vehicles from permitting or causing such vehicles to make excessive noise; and
(d) fixing penalties for violations of by-laws passed under this section.
Powers under Social Allowances Act
The city has the powers and authority set out in section 2 (provision of essential supplies, services and care) of The Social Allowances Act.
Where by this Act or any other Act the city is made liable for any indebtedness by reason of a person being a resident of the city or having a residence therein, the terms "resident" and "residence" so used shall, unless otherwise provided, be determined according to the rules set out in Part VII of The Municipal Act.
Divisions I (sections 449 to 455, aid to needy persons) and II (section 456, housing) of Part VII of The Municipal Act apply to the city.
HEALTH AND SANITATION
The council may make any regulations which, in the opinion of the council, are necessary
(a) to promote or improve cleanliness and sanitary conditions in the city;
(b) to prevent any act, practice or thing regarded by the council as injurious to or tending to create conditions adversely affecting public health.
The power to make regulations under subsection (1) shall be deemed to include the power
(a) to prohibit the sale and provide for the seizure and destruction of any article of food which, in the opinion of the health officer, is tainted or unwholesome or does not comply with such regulations;
(b) to provide for the seizure and destruction or other disposition of animals which are found on inspection to be suffering from any disease, or, in the case of animals intended for food, to be otherwise in any condition making them unfit for such use;
(c) to prevent the use of deleterious materials in, or the adulterating of, bread, milk, cream, ice cream and other articles of food, or the use of any colouring matter or preservatives in milk or cream, to prevent any person from selling or having in his possession with intent to sell or offer for sale any food in which such materials have been used or which has been so adulterated, or from having in his possession any such materials intended to be used in milk or cream;
(d) to prevent or restrict, control or regulate the use of drinking or domestic purposes of water from any source other than the city's waterworks system;
(e) to authorize such inspections, analysis and tests of premises, substances or animals as may be deemed necessary for the prevention of unsanitary conditions or the production, sale or use of unwholesome food, or otherwise for the protection of the public health;
(f) to require grounds, yards, vacant lots or real estate to be drained and kept free of ashes, rubbish, brush and undergrowth, and to authorize any servant or agent of the city to enter upon such land for the purpose of removing any such material or growth that may be allowed to continue thereon contrary to by-law;
(g) to establish and regulate a scavenging system under the control of the council, by officers to be appointed by the city, and to provide for the cost of it, either at the expense of the city or of the ratepayers by special local assessment or by both.
City may provide health services
The city may by by-law make rules and regulations, not inconsistent with The Public Health Act or regulations under that Act, for
(a) the prevention, treatment, mitigation and suppression of disease in the city;
(b) the supplying of medical, surgical and obstetrical aid, accommodation and medicine and articles that are considered necessary to prevent or mitigate a disease, and the acquisition or building of temporary hospitals and other places for the reception of sick or infected persons;
(c) the medical and dental inspection of children;
(d) without restricting the generality of the foregoing,
(i) the conducting of child health centres;
(ii) the conducting of a public health nursing service, including clinics.
Agreement to have services provided
Instead of undertaking any of the services mentioned in subsection (1) on its own behalf, the city may enter into an agreement for the same to be done for it, wholly or partially, by and through a regularly established and recognized hospital and wholly or partially by and through the staff of any such hospital, and instead of supplying premises or a place owned or under the control of the city, may arrange with a hospital for the use, temporarily or permanently, of hospital premises for any of the purposes above mentioned.
The city may
(a) construct, establish, furnish, equip, maintain, and conduct hospitals, morgues, nurses' homes, residences for staff, or other similar buildings usually established in connection therewith;
(b) appoint, by resolution of the council, a commission to operate and administer the hospitals, and purchase supplies, medicines and other necessities therefor, and make rules and regulations for, and generally do all things necessary for the administration of the hospitals;
(c) authorize the commission to execute contracts on behalf of the city;
(d) create a fund in which to deposit donations or bequests received by the city for the purpose of constructing additions to the city's hospitals and buildings accessory to them.
Borrowing for hospital purposes
The city may pass by-laws without submitting them for the approval of the ratepayers for the borrowing of money by the issue and sale of debentures for the purpose of paying the cost of constructing, furnishing, and equipping, hospitals to be used for the care of the aged and infirm and for general hospital purposes.
Subject to The Public Health Act, the city may pass by-laws
(a) for licensing, inspecting and regulating vendors of milk or cream;
(b) for inspecting cows and regulating their keeping;
(c) for inspecting and regulating the stables and enclosures wherein are kept the cows from which milk or cream is obtained for sale or use in the city, whether such stable or enclosures or such cows are situated or kept within the city or not;
(d) for inspecting and regulating the keeping and methods of carriage of such milk or cream;
(e) for providing for the inspection of cattle brought into the city for sale or otherwise;
(f) for providing that such cattle shall be taken to a designated place or places in the city for such inspection, and that immediate notice of the arrival of such cattle shall be given to the veterinary inspector;
(g) for providing that if such cattle be found to be diseased or unfit for human food they may be forthwith destroyed by the city; and
(h) subject to subsections 524(2) to (7), for suspending, cancelling or revoking a licence.
The term "milk" where used in subsection (1) means milk, including cream and other milk products in fluid form, sold or intended for sale to a person in the city, or to any person wherever situated, who sells or distributes milk in the city.
The city shall have power
(a) to prescribe, for sanitary and other health reasons, the manner and conditions of the production, processing, purchasing, handling, delivery, keeping for sale, selling and distribution of milk, including the condition that cows which are positive reactors to a tuberculin test shall not be used in the production of milk, except under circumstances to be prescribed by by-law;
(b) to prescribe, for sanitary and other health reasons, the terms and conditions on which milk may be received, handled, purchased, stored, delivered, supplied, processed, kept for sale or sold;
(c) to classify, for sanitary and other health reasons, milk producers and distributors or any other person engaged in the milk industry;
(d) to require persons who supply, distribute, process, keep for sale or sell milk, to furnish to the health officer of the city such pertinent information as he reasonably may require from time to time.
Any regulations made under the authority of this section shall be applicable both within and without the city and may be general in their application or may be limited to any person or classes of persons.
The city and any other municipality may enter into an agreement whereby either party will agree to perform for the other such inspection services with respect to dairies and plants producing, processing or distributing milk, as may be specified in the agreement, and whereby the party performing the service will be reimbursed therefor by the other party.
For the purposes of sections 439, 440 and 441
"registered owner" means a person who is the registered owner of land that is subject to The Real Properly Act as that expression is defined in that Act and includes a joint tenancy; («propriétaire inscrit»)
"terrace" means a row of three or more attached houses, all fronting on an adjoining street or streets being separated from adjoining houses in the same row by party walls, having a separate entrance and no interior connection with other houses and registered in the name of one registered owner. («maisons en rangée»)
Unsanitary buildings or terraces
If the health officer, on due examination, is satisfied that a building, terrace or land does not comply with the provisions of The Public Health Act or regulations passed under that Act. the health officer may issue a notice addressed to the owner of the premises or terrace, or the agent or person in charge of it,
(a) requiring the premises or terrace to be put into a condition that will comply with that Act, and the regulations under it, to the satisfaction of the health officer; or
(b) if the premises or terrace unsanitary or out of repair to such a degree as to be unfit for human habitation, requiring the premises or terrace to be put into a condition that will comply with that Act and the regulations under it to the satisfaction of the health officer, or requiring the occupants to vacate the premises or terrace within such time as the health officer may consider reasonable.
Any person so notified who refuses or neglects to comply with the terms of the notice is guilty of an offence and the health officer at the expense of the owner or occupants may cause the premises or terrace to be properly cleaned, drained or filled in, make or repair sewer or water connection, install plumbing or effect such alterations or repairs as may be necessary to put the premises or terrace in sanitary condition or abate the nuisance, or may remove the occupants forcibly and close up the premises or terrace and, if so closed up, it shall not be re-occupied until put in proper condition to the health officer's satisfaction.
The cost, as certified by the health officer, of the work done on any premises or terrace under subsection (2) may be added to the taxes thereon and collected in the same manner as the ordinary municipal rates of the city.
Placarding of buildings or terraces
If the owner, agent or occupant of the building refuses or neglects to comply with the notice of the health officer, requiring him to put the building or terrace in a sanitary condition, or to install plumbing therein, the health officer may, either before or after the occupants have left the place, affix to the building or terrace placards declaring it unfit for occupation and forbidding its use and occupancy. Any person defacing or removing any such placard without the permission of the health officer shall be liable to a penalty of not less than $50. and not more than $100.
Notwithstanding the foregoing, the health officer may immediately affix or cause to be affixed to any such premises or terrace placards declaring the premises or terrace, or any portion thereof to be unfit for occupation and forbidding use and occupancy thereof when
(a) the occupants vacate the premises or terrace before the expiry date of the notice and the requirements of the notice have not been complied with; or
(b) the premises or terrace are unoccupied and the owner or person in charge thereof cannot be found in order to serve the notice provided in subsection (1).
An owner, agent or person renting or allowing to be occupied, or a person occupying such building or terrace, without the permission of the health officer, shall be liable to a penalty of not less than $50. per day for each day it is rented, allowed to be occupied or occupied.
Where, after the expiration of 90 days from the date a building or terrace was first placarded under subsection (4), the owner or agent has not complied with the order of the health officer and the health officer has not removed the placards, the health officer may issue a notice, addressed to the owner or agent of the building, requiring him to have it demolished at once.
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.
Where the health officer issues a notice under subsection (1) or (7), and is unable to locate the owner of the building, premises or terrace or his agent or the person in charge thereof, he may apply to a judge of the Court of Queen's Bench for an order allowing substitutional service of the notice and, if the judge is satisfied that all reasonable efforts have been made to effect personal service of the notice on the owner of the building, premises or terrace or his agent or the person in charge thereof, he may order that service of the notice may be effected by posting it on the building, premises or terrace or by publication in a newspaper, or by registered mail, or by other means, or by any or all of those means, and compliance with the order shall be deemed to be equivalent to personal service of the notice on the owner of the building, premises or terrace or his agent or the person in charge thereof.
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 440 and 441
(a) may be recovered by summary process:
(b) shall be a lien on
(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 8 apply with such modifications as the circumstances require.
Where, on non-compliance with a notice issued wider subsection 439(7), the engineer causes a building or terrace to be demolished, the city may sell the material, fixtures, and other salvage therefrom and apply the price received for it toward paying the cost of the demolition, and the balance, if any, toward paying any taxes owing in respect of the property; and any balance remaining shall be paid to the mortgagees, encumbrancers and lien holders, if any, in the order of their priority, and the surplus, if any, shall be paid to the owner of the property.
Certain buildings may be destroyed
A building which, because of age, infection with infectious or contagious diseases, defects in drainage, plumbing or ventilation, or because of the existence of a nuisance on the premises or terrace which is likely to cause sickness among its occupants, or among the occupants of other property in the city, or because it makes other buildings in the vicinity unfit for human habitation or dangerous or injurious to health, or because it prevents proper measures from being carried into effect for remedying any nuisance injurious to health, is so unfit for human habitation that the evils in or caused by its condition cannot be remedied by repairs or in any other way than by the destruction thereof, the building or terrace may be destroyed by order of the health officer.
The council may pass by-laws
(a) defining and classifying the term "solid wastes";
(b) establishing and maintaining a system for the collection, removal and disposal of solid wastes and refuse throughout the city,
(i) at the expense of the city or of the owners or occupants of the land in respect of which the service is rendered, or
(ii) at the expense of the city with respect to any defined area or areas, and at the expense of such owners or occupants with respect to any other defined area or areas, or
(iii) at the expense of the city with respect to any defined class or classes of premises and at the expense of such owners or occupants with respect to any other defined class or classes of premises, or
(iv) at the expense of the city with respect to any defined class or classes of solid wastes and refuse and at the expense of such owners or occupants with respect to any other defined class or classes thereof;
(c) requiring the removal and disposal of solid wastes and refuse by the owners or occupants of the land or premises on which it originates, or by any defined class or classes of such owners or occupants, and providing for removal and disposal by the city loans the expense of owners or occupants who fail to comply with the by-law;
(d) compelling owners and occupants of land to provide such receptacles at locations and in a manner as may be specified in the by-law for solid wastes and refuse;
(e) providing for the erection and maintaining of such buildings, machinery and plant, including incinerators, as is considered necessary for the collection, removal and disposal of solid wastes and refuse, or the contracting with some person for the collection, removal and disposal by the person of solid wastes, on such terms and conditions as is considered expedient;
(f) prohibiting the handling of or interfering with or removal of solid wastes, or any receptacle therefor, by persons not authorized or required by the by-law to handle or remove it; and
(g) prohibiting the removal of solid wastes from a hotel, boarding house or restaurant, for use as food for swine or other livestock, except under the authority of a permit issued by the medical health officer.
Agreements respecting solid wastes
The city may enter into agreements with any other municipality, or any person not resident within the city, for the removal or disposal of solid wastes, rubbish, or offensive matter, on the terms and conditions and for the consideration as may be agreed upon by the parties.
In this Part
"land drainage" means storm, surface, overflow, subsurface, or seepage waters or other drainage from land, but does not include wastewater; («drainage des terres»)
"land drainage sewer" means a sewer that carries storm water and surface water, street wash and other wash waters or drainage but excludes domestic wastewater and industrial wastes; («égout de drainage des terres»)
"sewage system" means the sewage disposal system of The City of Winnipeg; («réseau d'égout»)
"pumping well" means any chamber, manhole, or other structure used for the installation of portable or temporary pumping equipment; («puits de pompage»)
"sewage" means domestic sewage or commercial or industrial wastes, or any of them; («eaux d'égouts»)
"sewer" means a pipe or conduit that carries wastewater or land drainage water, or both; («égout»)
"wastewater" means the spent water of a community from the standpoint of source. It may be a combination of liquid and water carried wastes from residences, commercial buildings, industrial plants and institutions, together with any ground water, surface water and storm water that may be present; («eaux usées»)
"wastewater system" means collectively, all of the property involved in the operation of a sewer utility. It includes land, structures, equipment and processes required to collect, carry away and treat wastewater and dispose of the effluent; («réseau d'évacuation des eaux usées»)
"wastewater sewer" means a sewer that carries liquid and water carried wastes from residences, commercial buildings, industrial plants and institutions, together with quantities of ground, storm and surface waters that are not admitted intentionally. («égout d'eaux usées»)
Subject to the provisions of The Environment Act and The Public Health Act, and regulations under those Acts, council may pass by-laws
(a) authorizing the constructing and maintaining of such sewers, drains and ditches, either within or outside the city, as may be required
(i) to secure the proper drainage of the city and disposal of the wastewater, or
(ii) to control or divert water in any stream or oilier watercourse;
(b) preventing or restricting, controlling and regulating the discharge into any stream, watercourse, drain, sewer or wastewater system of any deleterious matter, substance or thing, whether liquid or solid, that would be injurious to health, life or property, or injure, pollute or damage any stream, watercourse, drain, sewer, wastewater system;
(c) providing for and regulating and controlling the treatment of any wastewater or other deleterious matter, substance or thing, whether liquid or solid, before it is discharged into any stream, watercourse, drain, sewer or sewer system;
(d) compelling any owner or occupant of land to construct and properly maintain such works as the council considers necessary for the proper treatment of any wastewater or other deleterious matter, substance or thing, whether liquid or solid, before it is discharged into any stream, watercourse, drain, sewer or sewer system and preventing any such discharge where such works have not been so constructed or are not so maintained;
(e) preventing or reducing the flooding of basements or cellars connected with the city sewer system by compelling the owner to install and operate a suitable gate valve or other mechanical device for the purpose of cutting off or controlling the connection between the wastewater system and the cellar or basement;
(f) charging to all persons occupying property connected with the wastewater system of the city a service charge to be determined by the council in such manner as it considers equitable, having regard to the city's portion of the cost of the wastewater system and to the cost of treatment and disposal of wastewater and the services respectively rendered with respect to such properties;
(g) authorizing the constructing, maintaining and operating of wastewater systems;
(h) providing for the cleaning or flushing of streets and regulating the parking of vehicles that might interfere with such cleaning of flushing;
(i) making provision for the proper scavenging of the city, licensing and fixing a schedule of rates to be charged by scavengers;
(j) preventing and controlling the construction of privy vaults, septic tanks, pump out tanks and other private disposal systems, and providing for the keeping of them in a proper state of cleanliness;
(k) charging to all assessed owners of land, whether otherwise exempt from taxation or not, on which privies exist, whether used or not, a fixed sum per privy per year to cover the cost of removing the contents thereof, or the contents of pail receptacles where supplied to the owners, and the actual cost to the city of the receptacles, and the charge shall be added to the tax roll as a special assessment against the land of the owners, and may be recovered in like manner as other taxes that are a lien on land;
(l) prohibiting or restricting, controlling and regulating the placing or depositing of solid wastes or refuse as defined in the by-law on any street or lane or in any park, public place or watercourse and compelling the removal of such solid wastes or refuse by the party so placing or depositing it and the placing of it in the place ordered by the council either inside or outside the city;
(m) providing for the summary removal from any building or other erection or from any lot of refuse as defined in the by-law, or directing that any such refuse shall be removed or otherwise dealt with by the owner, agent, lessee, occupier or other person designated in the by-law;
(n) establishing, regulating, and controlling the use of sanitary land fill sites and inorganic materials disposal grounds owned or used by the city, either within or without its boundaries;
(o) establishing, maintaining and supervising comfort stations;
(p) requiring that premises be put and maintained in a proper sanitary condition and providing penalties for infraction and other means for enforcing the by-law, including forcible removal of occupants and closing of the premises.
For the purposes of carrying out its duties under this Part, the city has all the powers conferred on the Metropolitan Coiporation under Part VIII (Sewage Disposal System) of The Metropolitan Winnipeg Act, as contained in Schedule A to this Act, immediately before repeal of that Act and, for the purpose of conferring those powers and rights on the city, that Act shall, to that extent, be deemed to be in force.
The city shall have power
(a) to construct, maintain or remove sewers, drains and watercourses and prevent their being encumbered, damaged, interfered with or improperly used, to determine the course of all natural watercourses passing through private property in the city and to regulate all matters concerning the same, whether the watercourses be covered or not, and generally to do any other work necessary or incidental to the drainage of the city;
(b) to construct and maintain any drain, sewer or watercourse in any adjacent municipality for the purpose of providing an outlet for any drainage or sewer system in the city;
(c) to enter on, break up, take and use any land in any municipality adjacent to or in the vicinity of the city for the purpose of diverting surface or other drainage water which would but for the diversion enter the city; subject to the approval of the municipality in which the land is situate and to the payment of compensation to any person or persons who may suffer injury therefrom;
(d) to accept or purchase any land in any other municipality which may be required for preventing any part of the city from being flooded by surface or other waters from such municipality, and to provide an outlet for such waters through any municipality, and to open, make, preserve and improve drains, sewers and watercourses in the land so acquired;
(e) with the consent of the owner or occupier, but subject to section 155, to enter on any premises for the purpose of
(i) blocking any sewer or sewer connection when in the opinion of the designated employee it is advisable that such action be taken to reduce or diminish damage or loss from or incidental to flood;
(ii) inspecting any sewer or sewer connection and any pipe, apparatus, or other thing connected therewith;
(iii) for so long as the designated employee shall deem it advisable, maintaining any sewer-block, apparatus, or other thing placed to block a sewer or sewer connection or used in connection therewith; and
(iv) when in the opinion of the designated employee the blocking of the sewer or sewer connection is no longer required, removing the sewer-block, apparatus, or other thing placed to block a sewer or sewer connection.
Obstruction of drains, watercourses
Where any person, without previously having written authority from the city so to do, deposits or puts into any drain, culvert, natural watercourse or surface watercourse any soil, stones, solid wastes, brush or trees, the city may in writing require that person to remove the soil, stones, solid wastes, brush or trees; and in default of it being so done the city, at the expense of the person in default, may remove the soil, stones, solid wastes, brush or trees and recover the expense thereof by levying the sum against the property of the person who is in default and may recover the sum in like manner as taxes in arrears.
The owner of any premises served by a private sewer connecting with a river or other body of water shall, at his own expense, block the sewer connection to the satisfaction of the designated employees of the city and connect the premises with the sewer system of the city excepting where
(a) in the opinion of the designated employee of the city it is not practicable to connect the premises with the city's sewer; and
(b) the owner has installed such devices as the designated employee of the city deems adequate to protect the premises against flooding and pollution.
For the purpose of recovering a portion of the capital cost of the wastewater system or any part thereof as that cost may exist from lime to time, the council may by by-law, impose on any person, firm or corporation applying for a permit to construct or enlarge a building a connection charge or charges payable by a sum of money to the city.
In a by-law passed under this section, council shall set forth
(a) methods of calculating the charges imposed by the by-law, which may vary in accordance with the occupancy, use, size or other characteristic of the building in respect of which the charge is made; and
(b) methods and procedures for collecting the charges imposed by the by-law.
Prohibition of disposal methods
No person shall construct, install, excavate, have, or use any building or other structure, plant, pit, tank, receptacle, or other means, method, or system of receiving, treating, or disposing of wastewater without the approval of the council.
Powers regarding pollution of water
Subject to The Environment Act, the council has general supervision and control, in the city and the additional zone, over all matters concerning the pollution of, or the discharge or drainage of wastewater or waste into, any body of water therein.
Any person who
(a) wilfully or maliciously hinders or interrupts, or causes or procures to be hindered or interrupted, the city or its servants, agents, contractors, or workmen, or any of them, in the exercise of the powers and authorities granted herein as to wastewater or land drainage system or any part thereof; or
(b) wilfully or maliciously destroys, damages, or interferes with the operation of, any part of the city's wastewater or land drainage system; or
(c) introduces into the city's wastewater or land drainage system any thing or matter that causes, or is likely to cause, damage thereto; is guilty of an offence and liable to a fine not exceeding $5, 000. in the case of a corporation or, in the case of an individual, to a fine not exceeding $1, 000. or to imprisonment for a term not exceeding six months, or both, and the person is also liable to the city for any damage done by the person.
Council may direct installation
Upon the report of the engineer or health officer recommending the same, the council may
(a) direct sewer or waterworks connections to be made between any property, whether occupied, built on or not, or, if recommended as a sanitary necessity, between a building on the property and the sewer or watermain in the street on which the property fronts; or
(b) direct repairs to or reconstruction or replacement of any existing sewer or waterworks connection, and the city may make or construct such connection, or repair, reconstruct or replace any such existing connection.
Subject to subsection (3), the engineer shall certify to the cost of the work, describing the property with respect to which the work was done and the amount of the cost, or such portion as council may decide, if not paid forthwith on completion of the work, may be added to the taxes on the property and collected in the same manner as other taxes assessed against property.
Assumption of costs in certain cases
The city may pass by-laws
(a) providing that the cost, or such portion thereof, as council may decide, of repairing, reconstructing or replacing existing sewer or water connections shall be borne by the city at large; and
(b) fixing the tenus and conditions under which the cost, or a portion thereof, of repairing, reconstructing or replacing existing sewer or water connections shall be borne by the city at large.
Upon report of the engineer or the health officer recommending it, the council may direct plumbing, or other sanitary improvements, to be made in any building situated on land fronting on a street where there are sewer and water mains, and may, with or without the consent of the owner, occupant or tenant thereof, enter, make or construct and install such plumbing or other sanitary improvements, or cause it to be done, and the cost of it levied as a local improvement.
After the improvements have been completed, the engineer shall make a certificate as to the cost of the work, stating therein the description of the land whereon such work was done, and shall file such certificate with the assessor and the amount of such cost shall be collected in the same manner and shall be treated in all respects as ordinary taxes due on the land.
PROTECTION OF PERSONS AND PROPERTY
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 considers 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 infraction of the by-laws;
(e) 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 shall, before entering upon the member's duties, take and subscribe to the following oath or affirmation:
I, A. B., do swear (or affirm) 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 1 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. (Omit the last four words where the person affirms. )
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
After a hearing under subsection (3), the board of commissioners may
(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 considers appropriate; or
(c) subject to section 459, dismiss the chief of police or member; or
(d) impose one or more of the penalties established under subsection 453(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 under section 456 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.
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 456(4).
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 under subsection 453(1) or is suspended under subsection 456(2), the procedures and penalties established under this Act prevail over those in any collective agreement.
Reward regarding violation of by-law
The city may pass by-laws for providing for the payment, on resolution of the council, of rewards to persons furnishing information leading to the conviction of any person for breach of any by-law.
The council may, when a crime is believed to have been committed in the city, offer and pay a reward for information leading to the discovery, apprehension or conviction of the criminal, or of any person who is suspected to be the criminal.
Meaning of words and expressions
Subject to subsection (2) and except where the context otherwise requires, words and expressions used in this section and section 463 have the same meaning as they have in The Labour Relations Act.
In this section and section 463
"bargaining agent" means the Winnipeg Police Association; («agent négociateur»)
"members of the police department" means members of the bargaining unit within the police department of the city for which the Winnipeg Police Association is the bargaining agent. («membres du service de police»)
Except as provided otherwise in this section or section 463, the provisions of The Labour Relations Act respecting collective bargaining apply to collective bargaining between the city and the bargaining agent for members of the police department and where, in any situation, a provision of that Act is inconsistent with or repugnant to a provision of this section or section 463, the provision of this section or section 463, as the case may be, binds the parties involved in the situation and supercedes the provisions of The Labour Relations Act in respect of its application to the situation.
Application for arbitration board
Where the city or the bargaining agent for members of the police department has given notice to the other to commence collective bargaining with a view to the conclusion of a collective agreement, and
(a) three months have elapsed since the notice was given;
(b) any collective agreement in effect between the parties at the time the notice was given has ceased to be in effect; and
(c) the parties have not concluded a new collective agreement; either or both of the parties may apply, in writing, to the minister to appoint an arbitration board.
Appointment of arbitration board
Where the minister receives an application under subsection (4) to appoint an arbitration board, he may establish an arbitration board to deal with the dispute that has arisen in the collective bargaining, and to formulate a collective agreement or the renewal or revision of an existing or former collective agreement, between the parties.
Except as otherwise provided in this section,
(a) the provisions of The Labour Relations Act respecting the membership of and the appointment of members and a chairperson of a conciliation board apply with such modifications as the circumstances require to and in respect of the membership of and the appointment of members and the chairperson of an arbitration board under this section except that where the two members of the arbitration board nominated by the parties to the dispute fail or neglect to nominate a third individual to be a member and chairperson of the arbitration board within the time prescribed therefor under subsection 98(4) of The Labour Relations Act, the minister shall report that fact to the Chief Justice of Manitoba who shall select an individual willing and ready to act as a member and chairperson of the arbitration board and shall notify the minister of the individual selected; but
(b) on appointment of an arbitration board under this section, the provisions of The Labour Relations Act respecting the procedures, powers, duties, privileges and awards of an arbitration board appointed under that Act apply to and in respect of the procedures, powers, duties, privileges and awards of an arbitration board appointed under this section.
Where the minister appoints an arbitration board under this section, he shall forthwith deliver to each of the members of the arbitration board a statement of matters referred to the arbitration board consisting of the original proposals and of all counter proposals submitted by each of the parties to the other.
Where the parties agree in writing to eliminate or modify any item in the original proposals or counter proposals, if they notify the minister in writing that they have agreed upon those changes in the terms of reference and furnish him with a copy of the changes agreed upon, the minister shall amend the statement delivered to the arbitration board accordingly, and any award made under this section shall be limited to the matters contained in the statements so amended and delivered.
On being constituted, an arbitration board shall endeavour to bring about a settlement of the dispute between the city and the bargaining agent for members of the police department and to formulate an agreement satisfactory to both parties and, if such an agreement is formulated, on being entered into by the parties, it is a collective agreement under The Labour Relations Act.
Where it is unsuccessful in formulating an agreement satisfactory to both parties, the arbitration board shall make an award setting out its decision as to the manner in which all matters in dispute between the parties shall be settled.
Subject to subsection (12), an arbitration board shall make an award under subsection (10) within 42 days of the date on which the chairperson of the arbitration board is appointed or such longer period as may be agreed to by the parties.
After an arbitration board has made an award, the minister may direct the arbitration board to provide clarification of the award, or a part thereof, and within 10 days of the date on which the minister makes the direction the arbitration board shall make a report to the minister on the matters to be clarified.
An award by an arbitration board under this section is binding on the city and the bargaining agent for the members of the police department and on the members of the police department in the bargaining unit for which the bargaining agent is authorized to carry on collective bargaining and each and all of them shall observe and carry out the award and forthwith give effect to it.
Commencement of agreement or award
Where an arbitration board is established under this section to deal with a dispute that has arisen in the collective bargaining with a view to the conclusion of a collective agreement respecting terms or conditions of employment in any period, the collective agreement when entered into, or an award made under this section has effect on and after the 1st day following the termination of any collective agreement in effect at the time that notice to commence collective bargaining was given by one party to the other whether or not the council has made, or can make, provision for the expenditure in its estimates for that period or any part thereof.
Subject to subsection (16), a collective agreement or an award made under this section remains in effect for the term specified therein.
Continuation of agreement or award
On the termination of the period during which a collective agreement or an award is in effect, it continues in effect until it is replaced by a new collective agreement or a new award, as the case may be.
The city and the bargaining agent for the members of the police department shall each assume its own costs of the arbitration and shall share equally all of the general expenses of the arbitration board including the remuneration of the chairperson and the reasonable and proper expenses incurred by him in connection with the arbitration proceedings.
Amount of remuneration expenses
The remuneration and out-of-pocket expenses of the chairperson and other members of an arbitration board established under this section shall be the same in amount as those of the chairperson and other members of a conciliation board appointed under The Labour Relations Act.
Every person who is summoned by an arbitration board, except a witness summoned at the request of a party, and who attends as a witness, is entitled to an allowance for expenses determined in accordance with the scale for the time being in force with respect to witnesses in civil actions in the Court of Queen's Bench and the allowance paid is part of the general expenses of the arbitration board.
Subject to The Civil Service Act, the minister may provide an arbitration board established under this section with a secretary, stenographer and such other assistance, as to the minister seems necessary for the performance of its duties.
The city shall not declare or cause a lock-out of members of the police department.
No member of the police department of the city shall strike and no bargaining agent for members of the police department shall declare or authorize a strike of members of a police department.
If the city declares or causes a lock-out or locks out members of the police department of the city contrary to this section, it is guilty of an offence and liable to a fine not exceeding $250. for each day that the lock-out continues.
Penalty of municipal officials
Every person, acting for or on behalf of the city, who declares or causes a lock-out of, or locks out members of the police department, is guilty of an offence and is liable to a fine not exceeding $300.
Every bargaining agent that declares or authorizes a strike of members of the police department contrary to this section is guilty of an offence and is liable to a fine not exceeding $250. for each day that the strike continues.
Every officer or representative of a bargaining agent for members of the police department who, contrary to this Act, authorizes or participates in the taking of a strike vote, or who declares or authorizes or participates in a strike, is guilty of an offence and is liable to a fine not exceeding $300.
The city may establish, maintain and regulate
(a) lock-up houses for the detention and imprisonment of persons sentenced to imprisonment for not more than 30 days under a by-law of the city and of persons detained for examination on charges of having committed any offence, and of persons detained for transmission to any common gaol, house of correction, penitentiary or reformatory, either for trial or in the execution of any sentence;
(b) a house of correction or detention or industrial farm within or without the limits of the city for the improvement of persons sentenced to imprisonment under any by-law of the council.
The mayor may call out a posse comitatus to enforce the law within the city if exigencies require it, but only under the same circumstances in which a sheriff may now by law do so.
A building inspector, health officer, market superintendent or inspector of licences of the city, or any of their respective assistants, or any police officer, may, at all reasonable times, and with the consent of the owner or occupier, but subject to section 155(1), enter and inspect any premises in which such official, assistant or police officer has reason to believe any by-law of the city is being violated.
Prevention and suppression of fire
The city may pass by-laws
(a) for engaging such officers and fire fighters and purchasing and maintaining such equipment as may be deemed expedient for suppressing and preventing fires and saving lives and properly endangered by fire, for providing rewards for persons who distinguish themselves at fires, and generally for maintaining and regulating the fire department;
(b) for the prevention and suppression of fires, including the pulling down of adjacent buildings where necessary to prevent the spreading of fires, and for the preservation of lives and property and the protection of the general public at fires;
(c) for regulating the size and location of lumber and wood piles and other accumulations of flammable material;
(d) for regulating the inspection and cleaning of chimneys and furnaces;
(e) for preventing the setting up of any boiler, steam engine or other apparatus dangerous in causing or contributing to fire without the approval of the council or a designated officer of the city;
(0 for preventing any act, practice or thing or the continuance of any condition likely, in the opinion of the council, to cause or aggravate fires, and for making any other regulations deemed necessary to prevent fires or reduce the danger of damage, injury or loss of life therefrom.
In exercising the powers contained in subsection (1), the city may by by-law adopt in whole or in part the National Fire Code of Canada or may by by-law adopt the whole or any part of any other fire prevention code that is available to the public in printed form; and on any code or any part of a code being adopted by a by-law, the whole, or the part adopted, shall have force and effect to all intents and purposes as if it had been incorporated verbatim into the by-law.
Printed copy of code to be on file
A printed copy of a fire prevention code adopted in whole or in part by a by-law shall be kept with the by-law on file in the office of the clerk.
Agreements regarding fire fighting
The city may enter into agreements with Canada, the province of Manitoba, other municipalities or any person not resident within the city for the furnishing of fire fighting services on such terms and conditions, and for such consideration, as may be agreed upon by the parties.
General powers and duties of city
Notwithstanding section 62, the city may do everything that, in the opinion of council, is possible, practicable, and within the means of the city, to reduce the consequences to persons and property within the city of flood or other disaster and to provide continuity of local government, and without restricting the generality of the foregoing, the city may, insofar as the council deems it to be reasonable, practicable, and within the means of the city, plan, organize, take defensive or precautionary measures, including the strengthening of buildings and the construction and repair of dykes, and provide fire fighting, first aid and evacuation services, and repair and restore public services and train personnel for any one or more of those things.
Appointment of director and staff
The city, for the purpose of carrying out the provisions of this section, may appoint, and pay the salaries of, a director and such other officers and employees as it sees fit.
For the purposes of The Emergency Measures Act the city is deemed to be a municipality and in addition to the powers in subsection (1), the city shall have all the powers of a municipality under The Emergency Measures Act.
BUILDING STANDARDS
In this Part
"building permit" means a permit for all or any part of a building, erection or structure to be erected, altered, repaired or removed, issued under a by-law passed under section 472; («permis de construire»)
"construction" includes filling, back-filling, erecting, excavating, altering, removing, reconstructing, repairing, installing of plumbing, electrical, firealarm, sprinkler or other services or appliances and such other work as the council may specify and also includes the design, material and dimensions of a building and proportion of site to be left unoccupied at ground level, or the proportion of site plan to be left unoccupied at any higher level; («construction»)
"construct" corresponds in meaning as nearly as may be with the meaning of "construction"; («construire»)
"demolition" includes partial dismantling, removal of heating, plumbing, electrical or other fixtures and such other work as the council may specify; («démolition»)
"designated floodway area" means an area designated as such under the regulations; («zone de déversoir désignée»)
"designated floodway fringe area" means an area designated as such under the regulations; («zone de banlieu de déversoir désignée»)
"floodproofing criteria" means the floodproofing criteria established under the regulations; («critères de prévention des inondations»)
"minister" means the Minister of Natural Resources; («ministre»)
"occupancy permit" means a permit for the occupancy of a building, erection or structure, issued under a by-law passed under section 472; («permis d'occupation»)
"owner" means a person or the agent of a person, owning or in possession of land or in receipt of the whole or a part of the rents and profits therefrom, whether on his own account or as agent or trustee for any other person, or as a tenant; («propriétaire»)
"plan" includes any drawn or written description, illustration or explanation of any construction; («plan»)
"regulations" means regulations made under section 491. («règlements»)
Adoption of building standards
The council may pass by-laws not inconsistent with an Act of the Legislature, or regulations made under an Act of the Legislature, to prescribe, regulate, and enforce standards within the city and the additional zone
(a) for buildings and building materials;
(b) for plumbing and plumbing installations;
(c) for electrical wiring and other electrical installations; and
(d) for equipment or appliances; and for any one or more of these purposes, it may adopt in whole or in part the National Building Code of Canada, and in whole or in part any code or standards adopted, made or sponsored by the Canadian Standards Association, The Canadian Government Specifications Board, the American Society for Testing Materials or any other such body and approved by the National Research Council of Canada, including in each case, any tables, standards, codes and appendices, to which reference is made therein.
The council may pass by-laws having force within the city and the additional zone,
(a) providing for the issuance and cancellation of permits for all or any part of a building, erection, or structure to be erected, altered, repaired or removed, and to specify the duration thereof and the amounts or the means of computing the amounts to be paid therefor and the method of enforcing payment of such amounts;
(b) prohibiting and preventing the construction, erection, alteration, repair, demolition, removal or occupancy of any building, erection, or structure, or any change in the use thereof, except in conformance with the regulations pertaining thereto and unless authorized by a permit;
(c) providing for a buildings' conservation list and the listing thereon of buildings, erections or structures deemed to be of special architectural or historical interest, and the removal of buildings, erections or structures from the buildings' conservation list;
(d) providing for the criteria to assist in determining which buildings, erections or structures should be listed on the buildings' conservation list;
(e) prohibiting the alteration, repair, demolition, removal or occupancy of any building, erection or structure listed on the buildings' conservation list established by by-law of the council;
(f) providing for the issuance and cancellation of permits for the alteration, repair, demolition, removal and occupancy of all or any part of any building, erection or structure listed on the buildings' conservation list and to provide for the issuance of those permits with or without conditions.
Supervisor of building inspections
Council may provide for the appointment of a supervisor of building inspections and such assistants as may be necessary to administer, supervise and enforce the provisions of this Part, including all matters relating to the inspection and approval of plans and specifications and of the issue of permits under this Part, and all other matters that, under this Part, are required to be done by a building inspector.
The power of council to regulate the erection, alteration, repair, demolition or removal of buildings under this Part shall be deemed to include, among other things, the power
(a) to regulate the erection, alteration, repair, demolition or removal of buildings, erections, and structures;
(b) to classify buildings according to use, capacity, location, number of storeys or on such other basis as may be deemed advisable, and to make different regulations for different classes;
(c) to require every owner, architect, engineer, contractor or builder, having contracted for or having performed or supervised any work of construction, alteration or repairs on any land, or the agent of such person, to give, in writing over his signature if so required, all the information in his power with respect to the cost of the work;
(d) to require the applicant for a permit for the construction of a building to designate the purpose for which it is to be used, and to prevent or control the putting of such building to any other use;
(e) to authorize the making of such inspections and tests as shall be deemed necessary by the supervisor of building inspections in the enforcement of any by-laws passed hereunder, and to require the production of the plans of and other information respecting buildings already constructed or proposed to be constructed;
(f) to charge for inspections and tests whether made by an officer or employee of the city or some other person or body on the city's instructions and to require payment of such charges in advance;
(g) to prohibit any construction which is not in accordance with the permit issued therefor, and with plans thereof previously filed with the supervisor of building inspections;
(h) without affecting any other remedy which the city may have, to prevent the use or occupancy of any building, erection or structure which does not comply with regulations made by the city or which in the opinion of the supervisor of building inspections of the city has been erected, repaired or altered in contravention thereof;
(i) to provide that any part of a building or any detail of construction not specifically dealt with in such regulations shall require the approval of the supervisor of building inspections of the city;
(j) to authorize the supervisor of building inspections in special cases that in his opinion warrant it, to modify or vary any specified regulation where such modification or variation in the opinion of such officer will substantially accomplish the object of the regulation;
(k) to provide that no existing building shall be, or continue to be, put to certain specified uses unless such alterations are made to it, or such appliances installed in it, as shall be required by by-law in the interests of safety;
(l) to require and effect the removal from any premises of unsafe electrical or other appliances and provide for the disposal of same;
(m) to prohibit the demolition or removal of a building situated on land on which there are arrears of taxes or which has been sold for taxes and not redeemed, without first obtaining the approval of the council;
(n) to prohibit the issue of a permit in respect of any appliance, device, machine or apparatus or in respect of any construction, if the same does not comply with regulations of the city or of the province or of Canada;
(o) to require the owner of a building, or other person acting for the owner in respect of the building, to comply within a reasonable time with any written notice given by the supervisor of building inspections of the city to have the building made to conform with by-laws passed under this Part in such respects as are specified in the notice; and the omission to give notice shall not prevent any owner or other person from being prosecuted for breach of a by-law;
(p) to prevent the repairing of a building at a cost of over a specified percentage of the value thereof unless the whole building be made to conform with the regulations governing new construction, and to define the term "cost" and "value" as used herein and the method of computing or estimating the respective amounts thereof;
(q) to authorize the complete or partial demolition or removal at the expense of the owner thereof of a building which, in the opinion of the supervisor of building inspections has been constructed in contravention of any by-law and to provide that the cost of such demolition or removal as certified by such officer may be added to the taxes on the land occupied by such building and collected as other taxes;
(r) to establish standards to be observed in the installation, extension, alteration, or repair of electrical wiring, fixtures, and installations, plumbing pipes, fixtures and installations, and other fixtures and installations with which buildings may be equipped;
(s) to require that plans and specifications be prepared and sealed, and the work inspected, by an engineer or architect entitled to practice within the province, including certification by the engineer or architect that the work complies with the applicable regulations and the approved plans and specifications.
Equipment installed in buildings
The council may, subject to The Electricians' Licence Act, and The Manitoba Hydro Act, pass by-laws, respecting equipment installed in or on buildings, erections or structures,
(a) for the inspection and regulation of electrical generators and motors, and of all wires and apparatus for conducting electric current for heat, light, power, or other purposes;
(b) for prescribing devices, methods, conditions and appliances, electrical or otherwise, for the safety of operatives, of property, and of the public;
(c) for prohibiting the use of materials or methods of installation and construction injurious to safety, and for enforcing any such regulations;
(d) for causing the removal or disconnection of, or prohibiting the use of, electrical or other appliances that are unsafe or dangerous;
(e) for prescribing fees to be paid by the owners or occupants of premises inspected;
(f) for defining, regulating and licensing persons engaged in any work of construction, including electrical contractors and plumbers;
(g) for examining and prescribing the qualifications and fitness of persons to whom clause (f) applies;
(h) for requiring from persons to whom clause (f) applies, a bond for the performance of their work in a safe and thorough manner and in compliance with any by-laws of the city or of any Act of the Legislature;
(i) for prohibiting, regulating, and inspecting, the installation and operation of generating systems for light, heat, power, or other purposes and of all works and apparatus connected therewith;
(j) for prohibiting the use of materials, methods of installation, storage, construction, or operation, deemed injurious to health or safety;
(k) for inspecting the systems, appliances, conditions, materials, and methods to which reference is made in clauses (b), (i) and (j);
(l) for charging the cost of any such inspection upon the owners or users of the items inspected.
Information not to be divulged
Information furnished under clause (1)(c) shall be treated as confidential by the supervisor of building inspections and all other persons employed by the city in his department, and shall not be divulged by any of them to any person not in that department except when giving evidence in court in any proceedings to recover fees due the city for building permits payable under its building by-laws, provided that nothing herein shall prohibit divulging information limited to the permit number, its dale of issue, a description of the land and the proposed construction, the owners and builders name and address, the name of the project, if any, and the total estimated cost.
Establishment of Building Commission
The council may by by-law appoint a commission to be known as "The Building Commission" to exercise in whole or in part as may be determined by by-law, the powers hereinafter set forth.
The Building Commission shall consider the case of any existing building affected by
(a) any by-law continued in force under subsection 663(2) of The City of Winnipeg Act, chapter 105 of the Statutes of Manitoba, 1971;
(b) any by-law passed under Parts 11, 12, 13, 14 and 15 under which alterations to the building or the installation of appliances therein may be required, and shall decide which one or more of such alterations or appliances shall be made or installed in each case.
The council may empower The Building Commission to consider cases of new buildings affected by any by-law to which reference is made in subsection (2) relating to the construction thereof and, if deemed expedient, owing to the proposed use of new methods or materials in connection with the construction, to modify or vary the by-law with regard to the new buildings.
Any person deeming himself aggrieved by a decision of The Building Commission may appeal therefrom to the council.
The city may pay to the members of The Building Commission who are not members of the council, such remuneration as the council prescribes.
The council may authorize The Building Commission to appoint a secretary and to make rules governing its own proceedings.
The city shall cause the plans and specifications for all buildings and structures, and for all work of extension, enlargement, reconstruction, alteration, repair, or placement of existing buildings and structures to be inspected to ascertain that the plans and specifications are in accordance with the city plans and by-laws.
No permit shall be issued for any such construction, extension, enlargement, reconstruction, alteration, repair or placement unless the plans and specification therefor have been approved by the supervisor of building inspections.
The plans and specifications for all work of the kind to which reference is made in subsections (1) and (2) shall provide for the buildings or structures to which the plans and specifications relate, including all wiring, pipes, installations, and fixtures being constructed, made, or installed by such methods, and of such materials as will ensure that they are in accordance with the plan and the by-laws of the city.
Matters to which inspection relates
The inspection required under subsection (1) shall relate to all materials and methods used, and work done, in carrying on the work in respect of which application is made for a permit.
No person shall begin or carry on any work of the kind to which reference is made in subsections (1) and (2) unless he has obtained a permit for the purpose from the supervisor of building inspections of the city and paid the fee therefor.
No claim for change in street level
Any person who erects a building on or contiguous to any established or contemplated street, without having previously obtained from the city the level and line of the street, shall forfeit the person's claim for damages or compensation by reason of any injury caused to the properly when the level or line shall be settled and determined by the city.
The council may make such regulation with respect to the demolition, construction and occupancy of buildings, and the means of egress from any point therein, as in the opinion of the council are necessary or expedient in the interest of drainage, sanitation, health, safety, light, ventilation, prevention and suppression of fire, or oilier considerations.
Prohibition of certain buildings
The council may, by by-law, prohibit the erection in the city and the additional zone or in a designated part thereof, of any type of building that would, in the opinion of the council, vary in appearance from the usual types of buildings to such an extent as to lessen the desirability for building purposes of land in the immediate vicinity.
Permits for temporary buildings
The city may pass a by-law providing for the making of an agreement with the owner of any land whereby the owner is permitted to erect thereon a temporary building and use it for a designated purpose for a specified period of time, on condition that the owner will remove the building before the expiration of the specified period, and on such other conditions as the supervisor of building inspections shall approve or as the city shall specify.
The city may enforce an agreement made under subsection (1) and any bond or covenant given to guarantee performance thereof.
The council may pass by-laws providing
(a) that any building or structure that is in a dangerous condition in that it is liable to fall, or be set on fire, or to cause an explosion, or to cause damage or injury to any person or property, or that, in the case of a well, excavation, or opening, is not properly covered or guarded, or that, in the opinion of the supervisor of building inspections is so dilapidated, out of repair, or otherwise in such condition, that it is a trap for persons or animals, shall not be allowed to remain in that condition but shall be demolished, guarded, or put in a safe condition, to the satisfaction of the supervisor of building inspections;
(b) that if, in the opinion of the supervisor of building inspections, a building or structure is in a dangerous condition, or a well, excavation, or opening is not properly covered or guarded as set out in clause (a), the supervisor of building inspections may give notice, as prescribed by by-law, to the owner, occupier, agent, or person in charge of the building or structure, or of a well, excavation or opening, requiring him to have it demolished, guarded, covered, or put in a safe condition forthwith to the satisfaction of the supervisor of building inspections;
(c) that, without affecting any other remedy that the city may have, on default of compliance with a notice given under clause (b), the supervisor of building inspections may, in the case of a building or structure, cause the same to be demolished, removed or put in a safe condition, and in the case of a well, excavation or opening, to have the same covered, guarded, or put in a safe condition, as may be deemed expedient and necessary, and that the cost of the work may be recovered by the city by summary process of law, and shall also be a lien on the building or structure and the materials thereof and on the lot or parcel of land occupied by the building or structure or by the well, excavation or opening, and that the cost, when certified by the supervisor of building inspections may be added to the taxes on the land or on the building or structure, and may be collected in the same manner as other municipal taxes are collected.
Where, on non-compliance with any notice given under clause (1(b) the superintendent of building inspections causes the building or structure to be demolished, the city may sell the material, fixtures, and other salvage therefrom and apply the price received therefor toward paying the cost of the demolition, and the balance, if any, shall be applied toward paying any taxes owing in respect of the property, after which any balance then remaining shall be paid to the mortgagees, encumbrancers, and lien holders, if any, in the order of their priority, and the surplus, if any, shall be paid to the owner of the property.
All work of repair, demolition, or removal or otherwise, required by any by-law passed under this Part, or by any notice issued under it, is subject to all regulations of the city applicable to such work.
Appeal from decision of supervisor
Any person who deems himself aggrieved by a decision of the supervisor of building inspections as to the issue of permits, the prevention of the construction or occupation of buildings and the demolition or removal of buildings, erections or structures, may appeal to the designated committee.
Powers of designated committee
Upon the hearing of an appeal, the designated committee may,
(a) rescind or suspend any order given by the supervisor of building inspections;
(b) extend the time within which compliance with the order shall be made; or
(c) make such other order as in the circumstances of each case it deems just; and the decision or order of the designated committee is final, and on being communicated to the appellant, stands in place of the order against which appeal is made; and any failure to comply with the decision or order is an offence.
The council may determine the procedure to be followed on appeals under subsections (1) or (2).
The council may pass by-laws
(a) for condemning, preventing the occupation of, and closing up, any dwelling reported by the health officer to be in an unsanitary condition;
(b) for imposing a penalty on the owner for permitting the dwelling to be in such a condition and providing for his prosecution;
(c) providing for the imposition of a penalty from day to day, for every day the dwelling is permitted to remain in that condition.
The supervisor of building inspections or any other officer, employee, or agent of the city appointed and authorized for the purpose, may, at all reasonable times, and with the consent of the owner or occupier, but subject to section 155, enter upon any land, building or premises in the city for the purpose of
(a) inspecting or reading any meter or other appliance or equipment;
(b) examining any dwelling or other building thereon or any thing appurtenant to any such dwelling or building to ascertain whether compliance is being made with any by-law or regulation enacted or made by the council, under this Part;
(c) carrying into effect or enforcing any by-law or regulation made under this Part; or
(d) inspecting those premises on which there is any dwelling in an apparent unhealthy or unsafe condition or likely to be a cause of fire.
Subject to subsection (2), no person shall construct, erect or bring any building, structure or erection within or on a designated floodway area except public services including water control works, electrical, gas, water, sewage, communications, or transportation services, or publicly owned open air structures for recreational uses.
Continued right to building permits
Where there is a parcel of land within a designated floodway area, the owner of which
(a) was, prior to the designation of the designated floodway area, entitled to be issued a building permit in respect of the parcel on compliance with the laws respecting the issuance of building permits; and
(b) would, except for the designation of the designated floodway area, continue to be entitled to be issued a building permit on compliance with the laws respecting the issuance of building permits other than this section; that parcel shall be deemed to be part of a designated floodway fringe area in respect only of the issue of building permits and to be subject to provisions of this Part respecting a designated floodway fringe area in respect of any building permit issued in respect of the parcel.
No person shall
(a) construct, erect or bring any building, structure or erection other than a fence within or on a designated floodway fringe area; or
(b) make any addition to or reconstruct any building, structure or erection, other than a fence, within a designated floodway fringe area; except in accordance with the floodproofing criteria and in accordance with a building permit, or where such permit is not required, in accordance with a floodproofing permit issued by the supervisor of building inspections.
Occupancy of non-complying buildings
No person shall occupy or maintain any building, structure or erection that was built, constructed, erected or reconstructed or to which any addition was made, contrary to section 485 or 486.
Restriction on issuing permits
The supervisor of building inspections shall not issue a building permit, floodproofing permit or occupancy permit in respect of any building, structure or erection for any work or proposed work unless the work or proposed work complies with the floodproofing criteria.
The supervisor of building inspections shall not issue a building permit for the super structure of a building, structure or erection until the foundation thereof has been completed and a surveyor's certificate provided showing that the elevation of the foundation complies with the floodproofing criteria.
The supervisor of building inspections may cancel a building permit or floodproofing permit where it appears to him that any work being carried out or to be carried out under the building permit or floodproofing permit does not comply with the floodproofing criteria, and the supervisor may cancel any occupancy permit where it appears to him that any building, structure or erection occupied or to be occupied under the occupancy permit does not comply with the floodproofing criteria.
Tolerances in floodproofing criteria
The supervisor of building inspections may grant tolerances, after the initial stage of construction, of up to 0.1 metres in the elevation of foundations, finished floors and fills and in the width of berms.
Notwithstanding any other provision of this Act or any other Act of the Legislature, the minister may
(a) review any order of the supervisor of building inspections made under this section or section 489 or the issuance, or the refusal to issue, or the cancellation, by the supervisor of building inspections of any building permit, floodproofing permit or occupancy permit; and
(b) perform or cause to be performed such inspections as he deems necessary for the purposes of the review; and may vary or rescind such order or confirm the issuance of the building permit, floodproofing permit or occupancy permit or order the building permit, floodproofing permit or occupancy permit to be issued, not to be issued or to be cancelled.
Any person or municipality having custody of any paper or document relating to a matter being reviewed by the minister under subsection (5), shall, upon request of the minister, furnish the paper or document, or copies thereof, to the minister.
Order for removal of buildings
Where a building, structure or erection is built, constructed, erected, reconstructed or brought on or within a designated floodway area or a designated floodway fringe area in contravention of any provision of this Part or the regulations, or is occupied or maintained contrary to any provision of this Part or the regulations, or where a building, structure or erection that is, or is being, built, constructed, reconstructed or erected or brought on or within a designated floodway fringe area does not comply with the floodproofing criteria, the supervisor of building inspections may order the building, structure or erection to be removed from the designated floodway area or the designated floodway fringe area within a period specified in the order and, if the owner of the building, structure or erection does not remove it in compliance with the order within the period specified in the order, the supervisor of building inspections may cause it to be removed from the designated floodway area or the designated floodway fringe area, and the costs thereof may be charged against the owner thereof and collected by the city as a debt due to the city or, when certified by the supervisor of building inspections, may be added to the taxes on the land or on the building, structure or erection and may be collected in the same manner as other municipal taxes are collected.
Revenue from sale of materials
Where, upon non-compliance with any order given under subsection (1), the supervisor of building inspections causes a building, structure or erection to be removed from a designated floodway area or a designated floodway fringe area, he may sell the material, fixtures and other salvage therefrom and apply the price received therefor toward paying the cost of such removal and the balance, if any, shall be applied on any taxes owing in respect of the property, after which any balance remaining shall be paid to mortgagees and encumbrancers of, and persons holding liens against, the property, if any, in order of their priority and the balance then remaining, if any, shall be paid to the owner of the properly.
Neither the city, nor the supervisor of building inspections, is liable for any loss or damage resulting to any person by reason of anything done or caused to be done by the supervisor of building inspections under this section.
Flood protection and flood damage
It is declared that there is no right to any payment of flood protection assistance or flood damage assistance, and the prohibition under this section of payment of flood protection assistance or flood damage assistance does not imply that such assistance will be paid in any circumstances, including circumstances where the payment of such assistance is not prohibited.
Neither the government nor the city shall pay any flood protection assistance or flood damage assistance in respect of any building, structure or erection constructed, erected or brought within a designated floodway area after the date that the area was designated as a designated floodway area unless the building, structure or erection is on a parcel deemed to be part of a designated floodway fringe area under subsection 485(2).
Neither the government nor the city shall pay any flood protection assistance or flood damage assistance in respect of any building, structure or erection constructed, erected or brought within a designated floodway fringe area after the date on which the area was designated as the floodway fringe area unless the building, structure or erection complies with floodproofing criteria.
For the purpose of carrying out the provisions of sections 485 to 490, the Lieutenant Governor in Council may make regulations
(a) designating any area of the city or the additional zone as a designated floodway area or as a designated floodway fringe area;
(b) establishing floodproofing criteria to be complied with in respect of buildings, structures or erections built, constructed, erected, reconstructed or brought on or within a designated flood way fringe area.
Variation of floodproofing criteria
Where an owner of land within or deemed to be within a floodway fringe area wishes to construct, erect, reconstruct or bring a building, structure or erection onto the land, or to replace or make an addition to a building, structure or erection on the land, he may apply to the minister for an order varying the floodproofing criteria in respect of that building, structure or erection.
Upon an application made under section 492, the minister may make an order varying the floodproofing criteria in respect of
(a) any proposed new building or structure to be constructed on one of a small number of remaining building sites, or on the only remaining building site, within an area which is almost fully developed with buildings; or
(b) proposed work which constitutes
(i) reconstruction of, or
(ii) an addition to, or
(iii) a building or structure accessory to, a lawfully existing building or structure; or
(c) the replacement of a lawfully existing building or structure which has been destroyed by fire or other peril; if he is satisfied that it is impossible or impractical to comply with the floodproofing criteria.
An order made under subsection (1) may be made subject to such terms and conditions, including a term or condition prohibiting the paying of flood protection assistance or flood damage assistance either by the government or the city, as the minister considers necessary or desirable.
The city may file in the Winnipeg Land Titles Office
(a) a certified copy of any order made under subsection 493(1) affecting land described in the order; and
(b) a notice that a building, structure or erection on any land described in the notice does not comply with sections 485, 486 or 487 or regulations made under section 491; and upon the filing of the copy of the order or the notice, the district registrar shall make a memorial thereof on the certificate of title for the land affected without the production of the duplicate certificate of title.
STREETS
The city has jurisdiction over all highways or streets that were under its jurisdiction or the coming into force of this Act.
Possession and control vests in city
Where the city has jurisdiction over a highway or street under subsection (1) and title to the land on which the highway is situated is vested in the Crown, the title remains so vested, but possession and control thereof is vested in the city.
In respect of the highways and streets over which it has jurisdiction, the city shall have all the rights, powers, benefits and advantages conferred, and be subject to all liabilities imposed either by statute, by-law, contract or otherwise on, the area municipality or the Metropolitan Corporation that had jurisdiction over the streets or highways before the city assumed jurisdiction over them; and the city may sue on those rights or under (hose agreements or by-laws in the same manner, and to the same extent, as the area municipality or the Metropolitan Corporation might have done if jurisdiction over the highways or streets had not been assumed by the city.
Opening, closing, improving streets
The city may pass by-laws
(a) for closing or for opening, widening, extending, diverting, preserving, repairing, paving or making any other improvement in any street, including the construction of any bridge;
(b) for regulating the temporary closing of a street to traffic where necessary because of any work or improvement being carried out on any street or because of the condition of any street and, without limiting the generality of the foregoing for the purposes of widening, extending, diverting, preserving, repairing, or reconstructing or making any other improvement to any street, including the construction of a bridge;
(c) for making, preserving, altering, improving, and maintaining public wharfs, docks, slips, shores, rivers or waters and the banks thereof; and
(d) for closing any street for the purpose of conveying or leasing the same or any part thereof to any person.
Council to hear persons affected
Before the passing of a by-law under clause 495(4)(a) to close a street, the clerk shall give notice of the by-law, and the council shall hear in person or by counsel anyone whose land might be prejudicially affected and who petitions to be heard within 10 days after the giving of the notice.
The notice under subsection (1) shall be given by the posting thereof, at least 10 days before the passing of the by-law, in six of the most public places in the immediate neighbourhood of the work.
If the passing of the by-law under clause 495(4)(a) is requested by a person interested in land affected by the by-law, the city may require payment in advance by the person of the reasonable expense attendant on the posting of the notices.
Access to land not to be cut off
The city shall not close a street under clause 495(4)(a) and thereby prevent access to land unless
(a) the city provides another convenient means of access to the land; or
(b) the owner of the land elects to be compensated in lieu of the city providing another convenient means of access to the land.
L.G. in C. may legalize actions
The Lieutenant Governor in Council may, on the application of council, in a case in which it may seem proper, authorize, approve or legalize an action of the council dealing with, or attempting to deal with, any of the class of subjects set forth in this section, whether or not the council passes a by-law authorizing the action.
Disposition of land in closed street
When a street is closed by the city, land occupied by the street may be dealt with in the same way as other land owned by the city.
When the position of a street is altered so as to remove it from the land which formerly fronted on one side of it, a distance less than its width from the land, the owner of the land shall be entitled to a conveyance from the city of the land between the new street and the owner's land, and the increased value of the owner's land by reason of the addition to it of the portion of the former street shall be taken into account in awarding compensation for damages, if any, suffered by the owner by reason of the change in the location of the street.
Where owner refuses compensation
If the owner refuses to accept the additional land, no compensation shall be awarded to the owner for alleged damages by reason of the owner's land not fronting on the new street.
By-law on injuriously affected
The city may pass by-laws for determining what persons or classes of persons, if any, shall be regarded as being injuriously affected by the closing of any street, and if notice of any such by-law has been given at least 10 days before the passing of it, in the same manner as is required in the case of notice of the by-law closing the street, no persons or classes of persons other than those mentioned in the notice and by-law as being so injuriously affected shall be entitled to compensation in respect of it unless such determination is amended on appeal as hereinafter provided; and such notice and by-law may be combined with the notice and by-law for the closing of the street.
Any person dissatisfied with such determination may appeal therefrom to a judge of the Court of Queen's Bench, in which case he shall, within 10 days after the passage of the by-law, apply to a judge sitting in chambers, and produce to the judge a copy of the by-law, and show by affidavit that he is interested, and such facts and circumstances as he claims entitle him to succeed upon such appeal, and shall, within the 10 days, notify the city of his intention so to appeal.
The judge, after service upon the city of a summons to show cause in such behalf, may change, add to or diminish the persons or classes of persons so determined by the by-law, or may dismiss the appeal, and, according to the result of the appeal, may award costs for or against the city and the decision of the judge shall be final and conclusive.
Claims may include damage to trade
The amount of any claim for compensation by a person entitled as in this section provided, may include any damage to trade.
Obtaining title to land for streets
Where land owned by the city is to be opened as a street, on the registration in the land titles office of a copy, certified under the hand of the clerk and sealed with the seal of the city, of a by-law passed for the purpose of opening a street, and of the plan attached to and forming part of the by-law showing the street and any additional land in connection therewith, the land required for the street opening and the additional land, if any, as shown on the plan, shall become vested in the Crown in right of the Province free from all easements and encumbrances, and a certificate of title for the land, or so much of it as is registered under The Real Property Act, shall issue to the city and be held in trust by the city for the Crown in right of the Province of Manitoba.
The city shall have power
(a) to prevent or control, or, in the discretion of the council in each case, to permit or licence any act or the placing or maintaining of any thing in a street, and prevent or control a nuisance or dangerous condition in or near a street, and authorize an officer of the city to abate or remedy any such nuisance or dangerous condition at the expense of the person causing or permitting the same, or to remove from a street anything placed or maintained therein in contravention of a by-law, or otherwise without lawful authority, such removal, except as otherwise herein provided, to be loans the expense of the owner of such thing, or, in the case of a projection from or object attached to an adjoining building or land, at the expense of the owner of such building or land;
(b) to beautify, improve, maintain and preserve any street, and to construct or operate therein any work or undertaking regarded as beneficial to the city;
(c) to survey, settle and mark the boundary lines of streets and to give names to the streets and affix the names at the comers thereof, on either public or private property; but no by-law for altering the name of any street shall have any force or effect until registered in the land titles office, and a fee of $1., for every by-law registered and for the necessary entries and certificates in connection therewith, shall be payable for such registration;
(d) to install, maintain, regulate and charge fees for the use of parking meters in the streets of the city and in public parking facilities operated by the city;
(e) to enter into, and carry out, agreements with any person whereby the city may permit the use of air space above, and space below, the established grade level of any street on terms provided in the agreement and such agreement shall not affect the liability of the city in respect of a street.
Any expenses incurred by the city in removing any scaffolding, building material, waste matter, or other structure, matter or thing, placed in the street in connection with the construction of a building on land adjacent to the building, or in making good any damage to a street or any property of the city caused by or arising out of any such construction, including subsidence of a street owing to faulty or insufficient backfilling or the use of improper material for backfilling in connection with the construction, shall be paid (o the city by the owner of the land, and the expense, as certified by the commissioner of works and operations, may be recovered by the city from the owner by process of law and may be added to the taxes on the land and collected in the same manner as the general municipal rates of the city.
The city may require a person applying for a permit to use or excavate any part of a street for or in connection with work thereon or on adjacent properly, to secure the city, by a bond or cash deposit, against any such expense or damage caused by or arising out of the work.
The city may prescribe in what cases any construction in or use of a street shall require the approval of the council in each instance.
Persons who obstruct to indemnify
If a claim for damages be made against the city arising out of an obstruction, structure, encroachment or nuisance, placed, caused or permitted in a street by a person other than an employee of the city, or by the city at such other person's request, whether under a permit or agreement with the city or not, or any claim for damages otherwise arising as the result of an act or default on the part of a person other than such employee, the person placing, causing, performing or permitting such obstruction, structure, encroachment, nuisance, act or default, shall indemnify and save harmless the city from all costs, damages and expenses arising therefrom or in connection therewith and, whether or not a claim be made against the city in respect thereof, shall be directly responsible for such obstructions, structure, encroachment, nuisance, act or default to any person suffering damage therefrom including the city.
In this section the expression "private works" includes roadways, crossings, areas, openings, and pipe lines and other structures constructed, erected, installed or maintained in a street for the use or benefit of owners or occupants of property adjoining or connected therewith.
Effect of section on this Part
Nothing in this section affects the generality of any preceding section of this Part.
The city may
(a) permit private works in its streets;
(b) prescribe the terms and conditions upon which private works may be installed, constructed, re-installed, reconstructed, maintained or used;
(c) make such annual or other charge for the privilege conferred and for the use of the private works as the council deems reasonable;
(d) enforce the payment of those charges by adding them to, and recovering them in like manner, as taxes payable in respect of the land abutting the particular work;
(e) require that all private works shall comply with the requirements of a designated officer of the city as to location, construction, materials, workmanship and other matters in connection with the installation, construction, re-installation, reconstruction or maintenance thereof; and
(f) appoint a committee, board, or other body to hear and determine any application by a person having, in the opinion of the committee, board or other body, a sufficient interest for an order varying or cancelling, temporarily or otherwise, any provision of a by-law or regulation relating to the location or size of any private works.
The owner of the land abutting any private works and, in the case of a pipe line, the user thereof, shall be directly liable to any person, including the city, sustaining damages through any cause whatsoever on account of, and shall indemnify and save harmless the city of and from all damages and costs caused by or on account of, the installation, construction, re-installation, reconstruction, maintenance, use, or failure to protect or cover, any such private works.
The city may at any time reconstruct, alter or remove any private roadway or crossing, area, opening, pipe line or structure in existence in any street.
Neither this section nor any permission or privilege in respect of such private roadways or crossings, areas, openings, pipe lines or structures granted by the city under this section shall interfere with any liability created or existing under the provisions of this Act, nor with the remedies over provided by this Act, nor shall this section or such permission or privilege create any vested right in any such private roadway or crossing, area, opening, pipe line or structure.
The cost of all work done by the city in the construction, reconstruction, maintenance, removal, or alteration of a private crossing or roadway or other approach to private properly, or of a sidewalk built or improved by an owner, or of an area, pipe line or other structure laid or constructed in a street to serve adjoining land, shall, if the city so requires, be paid by the owner of the land fronting thereon upon or before the completion of the work.
The annual charge, if any, made by the city in respect of any such work, improvement, or structure shall be paid by the owner of the land fronting thereon, forthwith on demand made by the city and, if not so paid, it may be added to the taxes on that land and collected in the same manner as the general municipal taxes of the city.
Upon the application of the owner of the land fronting on any such work, improvement, or structure, the city may charge the cost of the work, improvement, or structure against the land over a term of not more than 20 years with interest as in the case of an ordinary local improvement; and the charge shall be added to the taxes on the property and be collected in the same manner as the ordinary municipal rates of the city.
In computing the cost to be charged against the land as aforesaid, the city may include in the cost the items of expense usually included in computing the costs of a local improvement.
Application of this section 503(11) This section applies in respect of any private works whether heretofore or hereafter installed or constructed.
Cost of placing culvert in lane
The city may provide
(a) where a ditch is or has been made in a lane for drainage purposes the city may construct culverts for purposes of access to adjoining properties at the expense of the owners thereof when and where, in the opinion of the engineer, they are required; and
(b) that the cost, as certified by the engineer, of constructing, repairing or renewing culverts in lanes used for purposes of access to adjoining properties may be added to the taxes on such properties and collected in the same manner as the general municipal rates of the city.
Use of street by telegraph company
A fee or charge imposed by the city on a company doing a telegraph business for a licence or permit to place, maintain or use poles on the street shall, together with any taxes chargeable in respect thereof, not exceed $300. annually.
No by-law for licensing, regulating or preventing the placing, maintaining or using of poles shall affect any rights that a corporation has by virtue of a statute or any other by-law or an agreement with the city.
Where conduits are constructed by the city in a street for the purpose of placing wires underground, the city may grant to any other public authority or corporation carrying on a utility the right to place and maintain wires in the conduits on payment of an annual or other fee or charge.
Leasing of land held for streets
Where title to land is vested in the Crown or in the name of the city for the purpose of a street and the possession and control of the land are vested in the city and the city finds that it is not expedient to construct a highway on the land immediately, the city may lease or use the land until construction of the highway is required; and the city shall be deemed always to have had the powers granted under this subsection.
Where in the course of improving any street, the city finds it necessary to take up, remove, or change the location of any of the works of Greater Winnipeg Gas Company, constructed or placed on, under, over, across, or along the street, the costs and expenses incurred thereby shall be apportioned between the city and the Greater Winnipeg Gas Company, in a manner that they may agree upon or, in the case of disagreement, shall be apportioned in the manner determined by The Public Utilities Board.
Delegation of council's powers
Council may delegate its powers and rights under this Part, or so much of it as council considers appropriate, and on terms and conditions that council may specify, to a designated officer who shall exercise his discretion in accordance with any by-laws of the city relating thereto.
Council may provide that a person who considers himself aggrieved in respect of a decision of the officer designated under subsection (1) relating to private works, as that term is defined in this Part, may appeal therefrom to such body as council may delegate to hear such appeals, but there shall be no appeal in respect of private works where council has expressly provided that such private works are not to be placed, constructed or installed in a designated street or portion thereof.
The city is the traffic authority under The Highway Traffic Act with respect to the highways and streets over which it has assumed jurisdiction under this Part and a new street that may be established as provided herein, and with respect to those highways and streets has all the powers granted to or enjoyed by, and the duties charged on, a municipality under The Highway Traffic Act.
Temporary prohibition of traffic
The city may regulate or prohibit vehicular or pedestrian traffic on a street or a portion of a street for such periods and under such conditions as council considers necessary.
Where it is alleged by a peace officer or by any person appointed to enforce the traffic or parking by-laws, resolutions, or regulations of the city that a person has contravened a provision of a resolution or by-law enacted by council, the person, on being notified of the allegation, may voluntarily consent to pay the penalty fixed in the resolution or by-law; and payment of the penalty may be made in accordance with the procedure, and to a person, as may be stated in a resolution or by-law enacted by council.
When payment is made by a person under subsection (2), the person is not liable to prosecution for the contravention in respect of which the payment is made.
The city may construct temporary detours to accommodate traffic during construction and maintenance of a street, or in cases of emergency; and the city shall be the traffic authority over such detours during the period that the construction and maintenance is being carried out or during the period of emergency.
Agreement for removal of trees
The city may make an agreement with the owner of land adjacent to a street for the removal of any tree, shrub, brush, hedge, fence or other object planted or placed on the land, if council is of the opinion,
(a) that the roadbed of the street may be injuriously affected by the object;
(b) that the object may cause the drifting of snow and an accumulation thereof on the street;
(c) that the vision of pedestrians or drivers of vehicles on the highway may be dangerously obstructed by the object; or
(d) that the object is unsightly; and that the city may do all things necessary for the performance by it of such an agreement.
Regulations as to advertising signs
Council may, by by-law, make rules pertaining to the erection or placing of a sign or signboard and the exposing of an advertising device, on or adjacent to a street, and forbidding or requiring the removal of any such sign, signboard, or advertising device.
On a conviction for violation of a provision of this section or of a by-law or rule made under this section, the convicting justice shall order the person convicted to remove, within a period specified in the order, the thing in respect of which the person is convicted; and if the person fails to comply with the order within the period fixed, the person shall be liable to a further fine for each day during which the breach of the order continues.
Expense of compliance with order
Where a person convicted fails to comply with an order made under subsection (2) the city may cause the order to be carried out at the expense of the person in default, and the expense thereof may be recovered from that person as a debt due to the city.
The city may, by by-law, designate a street or a portion thereof, as a limited access street.
No person shall, except under the authority of, and in accordance with, a by-law of the council, construct, use, or allow the use of, a private road, entranceway, or gate that, or a part of which, is connected with, or opens on, a limited access street.
The city may give notice to the owner or occupant of any land requiring the person to close up a private road, entranceway, or gate that does not comply with subsection (2) or a by-law passed under that subsection.
The notice shall be in writing and sent by registered letter addressed to the owner or occupant of the land, and it shall be deemed conclusively to have been received on the second day following the mailing thereof.
If the person to whom the notice is given fails to comply with it within 30 days after its receipt, the council may by resolution direct an officer, employee, or agent of the city to enter on the land and do or cause to be done whatever may be necessary to close up the private road, entranceway or gate.
Every person who violates subsection (2) or fails to comply with a notice given under subsection (3) is guilty of an offence and liable to a fine of not less than $10. or more than $100. for a first offence, and to a fine of not less than $50. or more than $500. for a second or subsequent offence; and the continuance of the condition constituting an offence for each week after conviction therefor constitutes a new offence.
Where a person to whom a notice is given under subsection (5) complies therewith, the owner of the land shall be entitled to such compensation as may be agreed upon between the person and the city.
Compensation for land taken or used
Where a limited access street is established, the city shall make to the owner or occupier of any land taken or used for the purpose or injuriously affected thereby, and to any other person having an interest in the land, due compensation for damages necessarily resulting from the establishment thereof, beyond any advantage that the claimant may derive therefrom; and a claim for compensation, if not settled by agreement, shall be determined as provided in The Expropriation Act.
No compensation shall be allowed in respect of a private road, entranceway, or gate constructed after the effective date of the by-law of the council designating the road as a limited access street.
Council may, by resolution, authorize the construction of paved boulevards at the expense of the city on a street where, in its absolute discretion, it considers it in the best interest of the city to do so; and on completion of the paved works, they shall be deemed to be boulevards.
The council may establish by by-law, a traffic authority to be known as "Winnipeg Traffic Authority" to exercise the powers hereinafter set forth; and may appoint such persons as it considers necessary to be members of the Winnipeg Traffic Authority.
The traffic authority shall, subject to subsections (3) and (4) have and exercise exclusively within the city all the powers which are conferred on the council of a municipality under The Highway Traffic Act or on an authority having jurisdiction over a highway.
All by-laws, resolutions or orders regulating traffic in force in an area municipality on the coming into force of this Act shall continue in force and council may amend, repeal or consolidate the by-laws.
The traffic authority shall
(a) investigate and consider all matters relating to the regulation and control of traffic within the city and recommend to the council of the city such changes as may, in its opinion, be necessary or advisable;
(b) subject to subsection (4), make and enforce temporary or experimental regulations to meet emergencies or special conditions;
(c) direct and co-ordinate all operations of the city with respect to the regulation and control of traffic;
(d) receive all recommendations relating to traffic matters;
(e) test traffic control devices under actual conditions of traffic;
(f) prepare and publish traffic studies and reports and carry on educational activities in traffic matters;
(g) report to council at least once every three months;
(h) if authorized by the council so to do, supervise, regulate, and control, the operation of any or all public parking lots within the city, and operate any public parking lot or parking building belonging to the city.
No temporary or experimental regulation made under clause (3)(b) shall remain in force for more than 90 days unless, before the expiration of that period, it is adopted by council as herein provided; but council may, before the expiration of the 90 day period, authorize the continuance of the regulation for a further period not exceeding 30 days, and the regulation shall continue in force for the period authorized.
Meetings of the traffic authority shall be held at such times as it may determine, and not less than once every three months.
The traffic authority shall adopt its own rules of procedure and keep a record of its proceedings.
On and after the appointment of the members of the first traffic authority, the traffic authority shall always be continuing and existing, notwithstanding an annual or other election or appointment of the members thereof; and all by-laws, reports, and proceedings, that are under consideration at the time of an election or appointment may be taken up and carried on to completion thereafter.
A person guilty of a breach of a regulation made by the traffic authority under clause (3)(b) is liable, on conviction, to the general penalty provided for a breach of the Winnipeg Traffic by-law.
All regulations made under clause (3)(b) shall be dated and numbered consecutively, and shall be signed by the chairperson and secretary of the traffic authority.
A copy of a regulation purporting to be signed under subsection (9) shall be received in evidence in a court without proof of the signatures or official position of the persons appearing to have signed it, and without further proof, unless the court otherwise directs.
For the purpose of maintaining a uniform alignment of buildings or as a preliminary step to the widening of a street, or part of a street, the city may pass by-laws regulating and controlling the distance from a street line within which a building shall not be placed.
The city shall keep in repair every street, and on default in so doing the city shall, besides being subject to any punishment provided by law, be civilly responsible for all damages sustained by a person by reason of the default.
The liability of the city under subsection (1) shall be limited to that portion of the street on which work has been performed or local improvements made by the city.
Notice of any claim or action under subsection (1), whether the default is the result of misfeasance or non-feasance, must be served within one month after the happening of the alleged accident giving rise to the claim or action and such an action shall be commenced within two years of the receipt of the notice.
Notwithstanding anything hereinbefore contained, the city shall not be liable for accidents arising from persons falling owing to snow or ice on the streets, unless in cases of gross negligence of the city, and no action shall be brought to enforce a claim for damages under this subsection unless notice in writing of the accident and the cause thereof is served on or mailed to the clerk, within seven days after the happening of the accident, and unless an action brought for damages in connection therewith be commenced within three months of the receipt of such notice.
In case of the death of the person injured, the want of the notice required under subsections (3) and (4) hereof shall not be a bar to the maintenance of the action, and in other cases the want or insufficiency of the notice required under either of the subsections shall not be a bar to an action if the court or judge before whom the action is brought considers that there is reasonable excuse for the want of such notice or for insufficiency, and that the defendant has not thereby been prejudiced in its defence but in case no notice or no sufficient notice is given under the subsections, no action shall be brought under this section unless commenced within three months from the happening of the accident.
Examination of claimant before suit
The city may, at any time after it has received notice of any such claim or action or become aware that an accident has taken place, unless a duly qualified medical practitioner certifies that the claimant is not in a fit condition to be examined, examine the claimant or person who met with the accident before a special examiner of the Court of Queen's Bench, who shall administer the oath to the claimant, and himself or his clerk take down the evidence in writing or in shorthand of the claimant concerning the alleged negligence, and all the particulars of the accident complained of, and the evidence when taken down or transcribed, shall not need to be signed by the deponent, and no person shall bring or maintain an action against the city who has refused or declined to give such evidence or answer any question pertaining to the alleged negligence or as to the damage or injury complained of, unless the court or judge before whom the action is brought considers that there is reasonable excuse for such refusal; but such examination shall not be used as evidence or for any purpose at the trial of any issue arising out of any such accident.
The form of oath referred to in subsection (6) shall be as follows:
I, A. B., swear that I will make true answer to all questions put to me touching the matters in question in the claim made by me against the City of Winnipeg, and will tell the truth, the whole truth, and nothing but the truth, so help me God.
The proceedings leading to such examination shall be, as far as practicable, the same as those prescribed for examination for discovery under The Queen's Bench Act.
Subsections 519(2) to (8) shall apply to an action brought against the city for damages occasioned by the presence of a nuisance on a street.
LICENSING
Definitions
521 In this Part,
"ambulance" means a motor vehicle that is used or intended to be used for the transportation of patients and that is specifically designated, constructed and equipped for that purpose; («ambulance»)
"ambulance service" means the business of transportation of persons by ambulance; («service d'ambulance»)
"animal" means a domestic or other animal or fowl; («animal»)
"carry on" means carry on, perform, operate, keep, hold, occupy, deal in or use, for gain, whether as principal or as agent; («exercer»)
"itinerant salesman" means a person who
(a) as vendor or agent for the vendor, the vendor not having his principal place of business in the city, goes from place to place within the city selling goods or offering them for sale directly to the consumer, or soliciting orders from the consumer for goods, or
(b) goes from place to place within the city taking orders for goods to be made, grown or completed, in whole or in part, outside the city by a person not having his principal place of business in the city; («démarcheur»)
"trade" includes a business, occupation, calling, amusement, entertainment, act, premises, commodity or thing; («commerce»)
"transient trader" means a person, whether or not occupying permanent or other premises elsewhere in the city, who offers goods for sale in premises in the city or in or from a railway freight car, automobile or other vehicle, or in any other place in the city, where the carrying on of such business in such premises, car, vehicle or place is for a temporary period only, and includes a person who commences a business in the city for the sale of goods, who has not resided in the city or occupied a place of business in the city for a period of at least three months next preceding the commencement of the business, but does not include a commercial traveller selling or offering for sale by wholesale any goods, by sample cards, specimens or otherwise, for future delivery from some place outside the city, or a commercial traveller taking orders for a person or firm carrying on a wholesale business in the city. («marchand ambulant»)
In a legal proceeding for the enforcement of a by-law regulating and licensing transient traders, the onus shall be on the person accused of carrying on business as a transient trader without a licence to prove that the person's intention on commencing the business in question was to remain permanently in the location in which the business was commenced, where the carrying on of the business in the location does not in fact extend beyond a period of three months.
The city shall have power to regulate, control and license the carrying on of any trade, excepting
(a) the work of executives or employees in the service of the province or of Canada, or of a municipality, public board or commission;
(b) the ministry of religion, the teaching profession and the professions of law, medicine and engineering, and other learned professions;
(c) the public press including, magazines, radio and television;
(d) accounting, finance and insurance;
(e) the manufacture or sale of goods;
(f) railway, express and telegraph businesses.
None of the following shall be regarded as being within any of the classes of trades enumerated in clauses (1)(a) to (f);
(a) a trade or process liable, in the opinion of the council, to be dangerous, injurious or offensive to persons or property;
(b) the sale of magazines and other periodicals;
(c) the production, storing, handling or dealing in food;
(d) the purchase of antiques, precious stones, precious metals or plate from persons other than dealers;
(e) the personal demonstration of goods in windows;
(f) sale by auction or by means of vending machines or other mechanical means;
(g) dealing in animals, ice, fuel, second-hand goods, bottles, scrap or junk;
(h) sale by retail of tobacco in any form;
(i) dealing in stone, lime, sand, gravel, hay or straw by persons who are not assessed for business tax;
(j) the business of serving meals, refreshments or other food;
(k) a trade carried on in the street, whether on foot or by means of any vehicle or animal, or by calling from place to place or other similar manner, or carried on in a booth, stall or place not being in or part of a permanent building connected with the city's sewer and water mains;
(l) the business of a transient trader or an itinerant salesman as defined in this Part or defined by by-law of the city;
(m) the occupation of canvassing or soliciting business by calling on prospective customers;
(n) the sale of goods by a method or system other than the principal method used in retail shops where the sales are made on the vendor's premises directly to the consumer from goods kept in stock on the premises and sold at prices determined by the vendor;
(o) any other trade which the area municipalities had, at the passing of this Act, the power to regulate or license;
(p) selling or exposing for sale goods or soliciting purchasers of goods by means of audible solicitation addressed collectively to a group of three or more persons assembled for that purpose.
Trades carried on with other trades
A trade, such as bill posting, operating an advertising vehicle, or other act or thing that is subject to licence when carried on as a separate trade, shall not be deemed to be included in any of the classes of trades enumerated in clauses (1)(a) to (f). whether carried on solely as incidental to a trade mentioned in those clauses or otherwise.
No corporation charged with an offence under a licensing or regulating by-law passed under (his Part shall, in a prosecution therefor, be acquitted of the charge on the ground that the corporation charged is legally incapable of committing such an offence, or that the by-law does not apply to it, because it is not within the corporation's powers to carry on an activity, or perform an act, for gain.
The power to license or to regulate shall be deemed to include the power
(a) to designate parts of the city in which a specified trade may or may not be carried on;
(b) to specify the time during which a licence shall be in force and to determine the sum, or the means of computing the sum to be paid for the licence;
(c) to reduce or remit entirely, the licence fee payable in respect of a 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;
(d) to provide that a licence may be issued for the carrying on of a trade generally, or for carrying it on in specified premises only, as described in the licence;
(e) to require the applicant for a licence to furnish to the city in such form as may be prescribed such pertinent information with respect to himself and the trade for which the licence is sought as the city reasonably may require;
(f) to require, as a condition precedent to the issue of a licence, such qualifications on the part of the applicant as to character, fitness, equipment, previous residence in the city or other matter as the council shall prescribe, the question whether the applicant has the prescribed qualifications to be determined in each case by the council or by such committee, officer or oilier person and in such manner as may be specified by by-law;
(g) to require the applicant for a licence to furnish to the city a bond of indemnity satisfactory to a designated officer of the city for the purpose of indemnifying the city or any other person or corporation who may suffer loss owing to the default of the applicant or to obtain on behalf of the city and any group of licensees a policy of public liability insurance for such purpose and for the benefit of such persons or corporations, including the city, as the council may prescribe, such bonds or policies to be in such amounts as shall be specified by by-law;
(h) in the case of an application for a licence to carry on any of the following trades,
(i) the operating or conducting of a circus, carnival or any collection of shows, exhibitions or amusement devices, or a circus parade in connection with a circus held outside the city, or
(ii) the trade of a bill poster or building mover, to require the applicant or the licensee to furnish to the city a cash deposit or a guarantee company's bond in such form as shall be satisfactory to a designated officer of the city and in such amount as shall be prescribed by by-law, to indemnify the city, or any person, against expense incurred in repairing or making good any damage to streets or other property resulting from the carrying on of such trade or in cleaning up any premises used therefor or in removing bills, posters or signs displayed in connection therewith, or against any other loss or damage to the city, or any person, resulting from the carrying on of such trade, and to require that a bond issued in respect of a trade mentioned in sub-clause (i) shall be conditioned on the compliance by the proprietor thereof or his agent or any person taking part therein with the by-laws of the city;
(i) to refuse to grant a licence to carry on any trade if the premises, vehicle or thing, in or by means of which such trade is to be carried on is not, in the opinion of the city or such officer or person as may be designated, in fit condition or suitable therefor;
(j) in the case of a trade the carrying on of which may, in the opinion of council, be injurious to the interests of occupants or owners of property in the vicinity,
(i) to require approval of the council or of a committee specified by by-law or the approval of the occupants and owners of the property before the issue of a licence therefor,
(ii) to provide that such approval may be granted for a temporary period or indefinitely, and either conditionally or unconditionally, and
(iii) to provide that where the approval is granted for a temporary period, the approval and all rights associated with the licence cease for all purposes on the expiry of that period;
(k) to require the licensee to keep such records, give such tickets or receipts, and give to the police or to the inspector of licences or other officer of the city, in such form as may be specified, such pertinent periodic or other reports of his business transactions and such other pertinent information as the city reasonably may require;
(l) to require the displaying of such information, including the name and address of the licensee, of the proprietor of the trade regulated, in such places and by such means as the council may prescribe;
(m) subject to subsections (2) to (7), to revoke or suspend or provide for the revocation or suspension of licences on the ground that the licensee is carrying on the trade in an improper manner, or on such other grounds as may be specified and to delegate to a committee of the council or officer of the city or the chief of police the duty of determining whether such grounds exist in any particular case;
(n) without affecting any other remedy which the city may have, where any trade is carried on without a licence, contrary to a by-law, to enforce payment of the licence fee for seizure and sale of the goods found on the premises in which such trade is carried on or of the goods of the person who ought to pay the licence fee wherever they may be found, or in such other manner as the council may prescribe;
(o) to impose a penalty on any person engaging an employee or agent to carry on a trade subject to licence if the employee or agent is required to be but is not licensed, the penalty to be the amount of the licence fee payable by the employee or agent;
(p) to prescribe the hours or days during which, or the areas or routes within which, the trade subject to licence or regulation may or may not be carried on;
(q) to prescribe definite, or minimum or maximum fees, rates or amounts to be charged or taken for any service performed or supplied by the licensee and the means of enforcing payment thereof;
(r) to prohibit the licensee from dealing with minors under a specified age or admitting them to the licensee's premises;
(s) to provide that any person delivering any commodity to a purchaser with the city shall be deemed to be dealing in such commodity in the city but this shall not apply to farm or market garden produce;
(t) to provide that any billiard, pool or bagatelle table, bowling alley, or other amusement device, had or kept in a house of public entertainment or resort, whether used or not, shall be deemed to be kept for gain, and to provide that any such table, alley or device, or any rink, court or place used for amusement, had or kept for the use of its members by any club, whether incorporated or not, or by any corporation created under The Corporations Act, shall be deemed to be kept for gain; provided that the council may by by-law exempt any club from the operation of a by-law enacted under subsection 523(1) and this clause;
(u) to define "dance hall" and "hall" and to provide that any room in, connected with or used in connection with a restaurant or hotel, or a hall, in which dancing is permitted, shall be deemed to be a dance hall operated for gain, whether or not any charge is made for dancing;
(v) to define "magazine salesman", and, as the council shall consider fit,
(i) to classify the same;
(ii) to fix the licence fee in respect of any class or classes; and
(iii) to exempt any class or classes from any or all of the provisions of any by-law of the city regulating, controlling or licensing magazine salesmen;
(w) in the case of pawnbrokers, auctioneers or dealers in second-hand goods or other persons carrying on trades to, or with whom, in the opinion of the council stolen goods may be sold or left for any reason, to require that any goods purchased by, pledged with or deposited or left with any such person be retained by the person in such place, for such period, and identified in such manner, whether by tags, marks or otherwise, as may be required by by-law or ordered in any particular case by the chief of police;
(x) to require the owner of any theatre to have therein, at all times while an audience is in the building, an adult attendant to see that the aisles and other means of egress are kept clear and maintained in accordance with the city's regulations;
(y) to authorize the supervisor of building inspections, health officer, inspector of licences or other officer of the city, or any of their respective assistants, or a police officer, at all reasonable times, and with the consent of the owner or occupier, but subject to section 155, to enter and inspect premises wherein any trade subject to licence is being carried on;
(z) to pass by-laws for the prevention of boisterous conduct on the part of any person patronizing or being in or about a place subject to licence by the city, or conduct on the part of such person that, in the opinion of the city, is likely to cause damage or bodily harm or to create or increase fire hazard.
For the purposes of clause (1)(m) and clause 437(1)(h), and subject to subsection (6), before a licence is revoked or suspended the council, person or committee responsible for the revocation or suspension shall
(a) hold a hearing at which the licensee may appear with or without counsel and be heard and may call witnesses on his behalf; and
(b) give the licensee reasonable notice of the hearing referred to in clause (a).
The notice shall be in writing and shall include
(a) a statement of the time, place and purpose of the hearing;
(b) a reference to the statutory authority under which the hearing is to be held; and
(c) a statement that if the licensee does not attend at the hearing, the matter may be dealt with in his absence, and he will not be entitled to any further notice in the proceeding.
The notice shall be served on the licensee or mailed to him by registered mail, postage prepaid, at the licensee's last address known to the council, person or committee responsible for the hearing.
Hearing in absence of licensee
Where notice is given to a licensee as provided in (his section and the licensee does not attend at the hearing, the matter may be dealt with in the absence of the licensee, and the licensee is not entitled to further notice in the proceeding.
Non-application of subsec. (2)
Subsection (2) does not apply where, in the opinion of council, the licence should be immediately cancelled for reasons of safety, health or emergency.
A copy of the decision made by the council, person or committee responsible for the determination of the matter shall be mailed to the licensee together with written reasons for the decision.
Appeal from cancellation of licence
Every person whose licence is suspended or cancelled or who is refused a licence as a result of a decision or recommendation of an officer of the city or of the Chief of Police, may appeal within 14 days of the decision or recommendation to a judge of the Court of Queen's Bench who may confirm the suspension or cancellation or reinstate or order the issue of the licence.
Subsections 229(2) to (4) apply with necessary modifications to a seizure and sale of goods under clause (1)(n).
The council may pass by-laws
(a) respecting the licensing of, and regulating, the owners of ambulances and ambulance services;
(b) establishing the maximum number of ambulances which may operate in the city or a part thereof; and
(c) giving a person an exclusive right to operate an ambulance or an ambulance service in the city or any part of the city.
Compliance with Public Health Act
No licence shall be issued under a by-law passed under subsection (1) until the applicant for a licence has filed with the city evidence from the Manitoba Health Services Commission that the applicant has complied with the requirements of The Public Health Act and regulations under that Act respecting
(a) the standards of ambulances and ambulance services and vehicles used in providing ambulance services; and
(b) the qualifications of ambulance drivers, attendants and attendant drivers.
By-laws passed under subsection (1) for the purpose of regulating ambulances and ambulance services are supplementary to and not in lieu of the requirements of The Public Health Act and the regulations under that Act.
The council, by by-law, may authorize the acquisition and equipping of motor vehicles for the purposes of providing, operating and managing an ambulance service in the city, or a part of the city.
The council may, by by-law, appoint a commission which may be composed partly of persons who are not members of council, to exercise such powers of management, supervision and control over the ambulance service of the city as the council directs, including the power to appoint a manager and the necessary staff to carry out its duties.
Cost of service added to taxes
Where the council passes a by-law under clause (1)(c) requiring payment for services by the person benefited by such service and by such by-law guarantees the accounts of the persons benefited by such service to the person given the exclusive right to operate an ambulance service, the city may recover its costs of payment on behalf of the person benefited to the ambulance operator by a summary process of law and it may add the cost to the taxes on the land of the person benefited by such service and such cost may be collected in the same manner as other city taxes are collected.
By-laws regarding certain trades
The city may pass by-laws
(a) for regulating the place and manner of selling and weighing meat, vegetables, fish, hay, straw, fodder, wood and farm produce, except grain, of every description, small wares and all other similar articles exposed for sale and the fees to be paid for them;
(b) for regulating or prohibiting the selling or exhibiting for sale of an article of food, confectionery, clothing, hardware or other goods or merchandise in or from a vehicle or in or from a booth, stall or place not being within a building equipped with sewer and water and other sanitary facilities as required in stores by by-law;
(c) for regulating or prohibiting the installation of slot machines, automatic pianos or other similar devices in stores, hotels, restaurants, lodging houses, billiard rooms, pool rooms, parks or other places where the public are admitted;
(d) for regulating or prohibiting exhibitions held for profit, or games or devices, amusement parlours, and other places of amusement, and also phrenologists, palmists, psychic readers, hypnotists, and persons exhibiting themselves or personally demonstrating or exhibiting goods or merchandise or any article, in windows, and for defining "amusement parlours", "palmists" and "psychic readers";
(e) for authorizing the operation, during the whole or certain specified parts of any day, of golf courses operated by the city, whether within the city or not, and golf courses privately operated within the city;
(f) for preventing the carrying on of manufactories or trades dangerous in causing or promoting fire;
(g) for preventing or regulating the storing, handling, conveying or use of, and defining, inflammable, explosive or otherwise dangerous substances, and for erecting or acquiring buildings within or without the city for the purpose of, and requiring and charging for, the storage therein of such substances;
(h) for limiting the number of shops, yards or other places wherein second-hand goods, scrap or junk are stored or dealt in;
(i) for prohibiting endurance contests in walking, dancing and other physical contests of a similar nature, and for prohibiting dog races conducted for gain.
In this section and sections 528 and 529
"mobile house" means, subject to subsection (2), a vehicle that
(a) is so constructed as to be capable of being attached to, and drawn on highways by, a motor vehicle, or which can be propelled by a motor vehicle engine installed therein or thereon; and
(b) is intended to be used, and is used by persons for living, sleeping, eating, or business purposes, or any one or more of those purposes; («maison mobile»)
"tourist camp" means a camping area, whether or not a rental or other charge is made for the use thereof, that is maintained and used primarily for the accommodation of, and the use for camping purposes by,
(a) automobile tourists, and
(b) other non-residents of the city, during the whole or part of the period in each year beginning on May 1 and ending on October 31, and includes a building or other structure or facilities intended for, or to be used for, cooking, personal cleanliness, washing, health, or sanitation, or any one or more or all of those purposes, but does not include a trailer park; («camp de tourisme»)
"trailer park" means an area that is intended to be used, and is used, primarily as a site for the placing or parking of mobile houses, and includes any buildings or other structures or facilities intended for, or to be used for, cooking, personal cleanliness, washing, health, or sanitation, or any one or more or all of those purposes. («parc de roulottes»)
Removing wheels from mobile house
A mobile house does not cease to be such because it is at any time removed from its wheels and other running gear, or is jacked up and placed on temporary supports, or is both so moved and so jacked up and placed.
Nothing in section 529 or a by-law made under section 529 relieves a person from complying with the requirements of The Public Health Act or The Tourism and Recreation Act or a regulation under those Acts.
The council may pass by-laws
(a) for acquiring one or more parcels of land for use as a tourist camp or a trailer park or for both of those purposes;
(b) for erecting and maintaining or installing, on land acquired for any of the purposes mentioned in clause (a), buildings or other structures or facilities intended for, or to be used for, cooking, personal cleanliness, washing, health, sanitation, or safety, or any one or more of those purposes;
(c) for providing sewer, water, and electrical connections, and other improvements that, in the opinion of the council are necessary, or any one or more of them, to, and in, trailer parks for the use and benefit of the occupants of mobile houses, and providing the necessary water therefor;
(d) providing for the government and use of tourist camps or trailer parks, or both;
(e) designating areas within the city that may or may not be used for a tourist camp or trailer park, or for both those purposes, or for the parking of a mobile house;
(f) prohibiting or regulating the camping of persons in the city in places other than a tourist camp;
(g) prohibiting or regulating parking or standing of a mobile house in the city in a place other than a trailer park, or in an area designated for the purpose by a by-law passed under clause (e);
(h) subject to subsection (2) requiring the owner or occupant of a mobile house
(i) that is parked or standing in a trailer park in the city, or
(ii) that is occupied, and is parked in a place in the city that is not a trailer park, to obtain from the city a licence for that purpose, and for the issue of the necessary licence;
(i) subject to subsection (3), fixing the fees to be paid for licences issued under a by-law passed under clause (h);
(j) prescribing the manner of payment of licence fees or rental or service charges, in cases where an agreement is made under subsection (5);
(k) for imposing a penalty not exceeding $25. for failure to obtain a licence required under a by-law passed under clause (h);
(l) prohibiting the removal of a mobile house, in respect of which a licence fee that is payable has not been paid, from the city without the consent of the council.
A by-law passed under clause (1)(h) shall not require a licence to be obtained for or in respect of a mobile house, if the clerk or other officer of the city designated for that purpose, is satisfied that the occupant of the mobile house is a bona fide tourist and that the mobile house is being used for vacation or holiday purposes.
The fees fixed under a by-law passed under clause (1)(i) may vary as between mobile houses of different floor area.
Where the city operates a trailer park, in addition to any licence fee charged under a by-law passed under clause (1)(i) it may, subject to subsection (5), charge the owner or occupant of a mobile house to which a by-law passed under clause (1)(h) applies, an amount for space rental, or for service charges for the use of any of the services mentioned in clauses (1)(b) and (c) or for both such rental and such service charges.
The city may enter into an agreement with the owner or occupant of a mobile house to which a by-law passed under clause (1)(h) applies, whereby a licence fee or a rental or service charge, payable under this section may be paid in instalments in advance, as may be prescribed in a by-law passed under clause (1)(j).
Application of certain regulations
Where the city establishes and operates a tourist camp or trailer park, the city shall maintain and operate it in compliance with the regulations made with respect thereto under The Public Health Act and The Tourism and Recreation Act; but the city is not required to obtain a licence or permit under The Tourism and Recreation Act or a regulation under that Act for the operation of a tourist camp or trailer park owned and operated by the city.
Collection of fees by owner of land
Where the council of the city passes a by-law under clause (1)(i) and fixes fees to be paid for licences, the by-law may provide that the owner of the land on which a mobile house is parked or standing shall collect the fee and remit it to the city; and if the owner fails to comply with the by-law, the amount of the fee shall be added to the taxes payable in respect of the land and collected in the same manner as other taxes payable in respect of the land.
Regulations pertaining to litter
Where fish and chips, hot dogs, popcorn, soft drinks, ice cream cones, or other like food stuffs or refreshments are sold in cartons, containers or papers, and the business is carried on under such circumstances that cartons, containers, or papers are discarded in the vicinity by patrons of the place, the city may require the proprietor of the place to keep his premises and all adjoining public and private land, streets, lanes, and passageways, within a distance that the council may prescribe, free of discarded cartons, containers, and papers, by collecting and disposing of them at such times and in such manner as shall be satisfactory to the health officer of the city.
Presumption as to discarded cartons
Where a business described in subsection (1) is carried on in any place, all discarded cartons, containers, and papers, of a kind used in the business, that are found within the distance from the place prescribed under subsection (1), shall be presumed to have been used for the sale of goods sold in that place, and to have been discarded by patrons thereof.
Business not occupying premises
The council may by by-law classify, licence and prescribe fees for businesses that are carried on in the city by persons who do not occupy premises for purposes of their business.
Licence fee in lieu of business tax
The licence fees shall be payable in lieu of business tax and no licence fee in respect of a trade carried on in any premises shall be payable for any year under a by-law passed under this section by a person who for such year and in respect of such premises has been assessed for business tax, or has paid a licence or other fee in respect of the trade or premises under section 185.
The licence inspector shall have the same powers for and there shall be the same priority in collecting licence fees imposed under subsections (1) and (2) as the tax collector has in collecting and as exists for business tax.
The publication in a newspaper, magazine or other periodical of an advertisement or announcement giving the name of a person or the street address of premises or the number of a telephone, and mentioning a kind of work or service the performance or supplying of which or information concerning which may be obtained by applying to the person, or at the address, or by calling the telephone number so published, shall be prima facie evidence, in a prosecution for breach of a by-law passed under subsection (1) that the person named or the person occupying the premises mentioned or at which the telephone referred to is situated, is carrying on the business of doing or supplying such work or service in the premises.
Activities not subject to licensing
Nothing contained in this Part shall
(a) enable the city to prevent a farmer residing in the province from selling in the city the product of the farmer's own farm without payment of a fee;
(b) apply to the operation of a public utility company in so far as its operations are governed by statute or by agreement with the city;
(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.
Notwithstanding anything contained in The Shops Regulation Act, the city may by by-law provide that the proprietor of a shop affected by a general by-law passed under the Act or a person carrying on a trade affected by a by-law passed under this Act requiring him to close the shop for a specified period between the hours of 12: 00 o'clock noon and 6: 00 o'clock in the afternoon on a designated day of each week during the whole or a specified part of the year, be permitted to close the shop for such specified period on another day of the week, to be named in the by-law, during the whole or the specified part or parts of the year, instead of the day so designated, on condition that such proprietor, within such time as shall be specified in the by-law, file with the clerk a declaration in writing of his intention so to do.
In each year in which a declaration is filed under subsection (1), the shop shall thereafter be and remain closed on the day specified in the declaration for the period of the day and during the parts of the year specified in the general by-law or during the portion thereof remaining after the time of such filing.
By-law providing for all day closing
The city may also provide that a shop that is required by the provisions of such a by-law or of this section to be closed on any day during a period ending at six o'clock in the afternoon shall remain closed for the rest of that day.
Definition of "shop" and "closed"
In this section and in section 534, the word "shop" means any place in which a trade is carried on, and the word "closed" means not open for business.
By-law extending Saturday hours
Notwithstanding the provisions of The Shops Regulation Act, the city may by by-law provide that the proprietor of a shop affected by a general by-law passed under that Act requiring proprietor to close the shop on Saturday of each week at a specified hour after 6: 00 o'clock in the afternoon, may keep the shop open at any time between the hours of 5 o'clock in the afternoon and 12 o'clock midnight on Saturday of each week, if the proprietor files with the clerk within the time specified in the by-law a declaration in writing
(a) that he is the proprietor of a specified shop in which fresh or cooked meats are exposed or offered for sale by retail; and
(b) that on Saturday of each week he intends to keep the shop closed all day until 5 o'clock in the afternoon, and desires to keep it open all or part of the time between that hour and 12 o'clock midnight.
In a by-law passed under subsection (1) the city may specify the period of time in respect of which the declaration shall be filed.
Shop to remain closed until 5 p.m.
In each year or other period in respect of which a declaration is filed under this section by the proprietor of a shop, the shop shall be and remain closed at all times on Saturday of each week until 5 o'clock in the afternoon.
Animals, regulating and licensing
The city shall have power
(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.
(b) to regulate or prevent the running at large of animals and to impound and dispose of an animal causing damage or running at large.
A penalty for breach of a by-law passed hereunder may be imposed whether or not the animal in question in the proceeding be impounded or disposed of.
In this section, "run at large" means not under control either by being
(a) in direct and continuous charge of a person competent to control it; or
(b) securely confined within an enclosure; or
(c) securely fastened so that it is unable to roam at will.
Definition of running-at-large
The city may, for the purposes of this section, by by-law, define the meaning of "run-at-large" as it applies to dogs.
Dogs not permitted to run at large
No owner of, or person in charge of, a dog shall permit it to run at large at any time within the city.
Where a dog is found running at large contrary to subsection (5), on the hearing of an information and complaint against the owner or person in charge of the dog for breach of that subsection, the owner or person in charge shall be deemed to have permitted the dog to run at large unless he satisfies the presiding justice that he took all reasonable precautions to prevent it from running loans large.
Every person who contravenes subsection (5) is guilty of an offence and liable to a fine not exceeding $50.
The council may pass by-laws fixing penalties in amounts not exceeding $10. in any case, to be imposed on and paid by any person who consents as provided in subsection (9) to pay a penalty for contravention of subsection (5).
Owner may consent to pay penalty
Where it is alleged by a peace officer or by any one appointed to enforce this section that any person has contravened subsection (5), that person, on being notified of the allegation, may voluntarily consent to pay the penalty for the contravention fixed under subsection (7), and payment thereof may be made in accordance with such procedure and to such person as may be stated in a by-law under subsection (8).
On payment by a person as provided in subsection (9), the person shall not be liable to prosecution for the contravention in respect of which the payment is made.
The city may maintain such pounds as may be necessary to accommodate the animals impounded from time to time, and may make regulations governing the conduct thereof and the disposal of unclaimed animals, and establishing the fees and charges to be paid on the release of animals impounded.
Notices may be published in Gazette
A notice of impounding required to be given under a by-law passed hereunder may be published in The Manitoba Gazette, and the fee for an insertion shall be $1.
A justice having jurisdiction in the city, on being satisfied that an animal has caused or is likely to cause damage or injury, may, after notice or summons to the owner of the animal, if such owner is known, order such animal destroyed or impounded, and, whether making such order or not, may assess and award the damages to be paid by the owner of or person harbouring an animal to any person suffering injury or damage caused thereby.
On the hearing of any such matter, the proceedings shall be conducted according to the same rules and the justice before whom the matter comes shall have the same powers in all respects, as are applicable to, and as the justice would have in the case of, a prosecution for breach of a by-law, and there shall be the same right of appeal from any order or award as there is in the case of a conviction for such breach.
PARKS AND RECREATION
In this Part "park" or "public park" means an area or grounds set aside and used, or principally used, for the purpose of recreation or sports or both, together with the buildings and other structures and facilities, if any situated therein or thereon, and includes zoological gardens, botanical gardens and recreational areas together with buildings and other structures and facilities situated therein or thereon, and also includes squares, avenues, boulevards and drives therein or used in association therewith.
Subject to The Expropriation Act, council may pass by-laws,
(a) for acquiring land by purchase, donation or expropriation for, and establishing, laying out and improving and maintaining, public parks in the city and the additional zone;
(b) for laying out, improving, maintaining, and managing land taken or acquired under clause (a);
(c) for expending the monies of the city for any of the purposes mentioned in clause (a) or (b).
The city may accept as a gift for public park purposes any land previously dedicated or set apart as a park, or garden, or as a recreation or ornamental ground, for the use or enjoyment of owners of adjoining or neighbouring land.
The council may provide, in a park controlled by it, facilities for all forms of recreation and may pass by-laws for the use, regulation, protection, government and operation of the park and fixing the charges for admission to and use of the park or any part of the park.
The council may
(a) permit any lawful activity in any of its parks and fix rates and charges for the activity, and for any use, service or facility, on any day, including Sunday;
(b) permit the operation of pony rides, sleigh rides, mechanical trains, farming activities, aquatic activities, and other similar form of amusement and recreation in any of its parks;
(c) rent equipment used in connection with any such activity; and
(d) authorize the operation of any of the activities set out in clauses (a), (b), or (c) on any day including Sundays.
The council may appoint a person to operate, manage, and supervise the parks of the city under the general direction and control of the council.
The city may establish and regulate automobile, trailer park and tent camp sites, within the city and the additional zone and may construct, operate and maintain facilities and works thereon for the purpose of affording accommodation to the public, and may make regulations with respect to their use and the charges to be made therefor, and may operate and maintain the sites, works and facilities or arrange for them to be operated or maintained by other persons under agreement with the city.
The council has, with respect to the public parks of the city, all the powers and rights of a parks board under subdivision Ill of Part VI of The Municipal Act.
UTILITIES AND OTHER UNDERTAKINGS
In this Act ""utility" means any system, works, plant, pipe line, equipment or service
(a) for the production, transmission, delivery or furnishing of water, electricity, gas or steam heat; or
(b) for the conveyance of persons or goods; or
(c) for the collection and disposal of sewage either directly or indirectly, to or for the public and includes any system, works, plant, pipe line, equipment, or service, declared to be a public utility under section 2 of The Public Utilities Board Act.
Subject to The Manitoba Hydro Act, the city shall have power to enter into negotiations with, and to purchase and acquire the whole properties and undertakings of any company, board or person, owning or operating any public utility, including any street railway system, gas works, electric light and power plant and distribution system and electric power generating plant situated within the province or such part thereof as may be agreed on, at a price to be agreed on between the city and the company, board or person, or at a price to be determined by arbitration if the city and such company, board or person shall so agree; and the city shall have power to create a debt to provide for the payment of the price agreed on or determined as aforesaid, by the issue and sale of debentures specially secured and charged upon any property, undertaking or public utility so purchased by it or as an ordinary debenture debt of the city at large, bearing such rate of interest and redeemable at such period, not exceeding 50 years, as may be fixed in the by-law creating the debt.
Operation of electrical utility
The power to operate a utility under subsection (1) is limited, in the case of an electrical distribution system, to that area of The City of Winnipeg formerly known as The City of Winnipeg before January 1, 1972.
Ancillary to any power given to the city to establish, undertake, operate or carry on any service, utility, business, undertaking or work thereinafter referred to as an "undertaking"), the city shall be deemed to have the power
(a) to add to, improve, extend or enlarge any system, plant or other property whatsoever, whether real or personal, used by the city for or in connection with any such undertaking;
(b) to acquire, construct, improve, install, maintain, operate and use, within or without the city, all land, roads, buildings, springs, wells, watercourses, reservoirs, artificial lakes, transmission lines, plant, equipment, machinery, apparatus, pipes, wires and things expedient or necessary or capable of being used for or in connection with such undertaking, or any additions, enlargements, improvements or extensions thereto, and also to construct and operate tramways between any plant belonging to or operated by the city and the lines of a railway company or arrange with a railway company for the construction and use of railway tracks and sidings;
(c) to acquire and use water power, water-power rights, and any patents, inventions, licences and privileges;
(d) to deal in any by-products resulting from the carrying on of any such undertaking;
(e) to use any street or highway for any purpose connected with any such undertaking;
(f) to hypothecate, pledge, mortgage, sell, assign or otherwise dispose of any personal property or any patent, licence, right or privilege; and
(g) to do all other acts, matters and things necessary or convenient for the establishing, enlarging, repairing or carrying on of any such undertaking.
Separate books of account shall be kept by the city showing its receipts and disbursements, assets and liabilities, in respect of each utility operated.
Notwithstanding anything contained in The Public Utilities Board Act, the city may fix such price, rate or rent as the council may deem expedient to fix for any energy, power, commodity, water or service which it supplies and in fixing such rate need not make any application to or procure an order of or the assent or approval of The Public Utilities Board, the intention being that the city may levy such rate or rent for the purpose of and as a means of securing revenue for the general purposes of the city and not for furnishing such services to the citizens at cost.
Equalization of rates by agreement
As soon after the coming into force of this Act as is practicable, the city and the Manitoba Hydro-Electric Board shall enter into an agreement to establish equal rates or prices for the sale of electrical energy to consumers throughout the city, for each category or class of consumer; and after making the agreement, the parties shall forthwith establish or determine the rates or prices provided in the agreement.
If the Lieutenant Governor in Council is of the opinion that the agreement referred to in subsection (2) has not been made within a reasonable time after this Act comes into force, he may refer the establishment of rates or prices to the Public Utilities Board and that Board shall make an order establishing equal rates or prices for the sale of electrical energy throughout the city for each category or class of consumer.
An order made by the Public Utilities Board under subsection (3) is binding on the city and the Manitoba Hydro-Electric Board and forthwith after the order is made, they shall establish or determine the rates or prices in accordance with the order.
Power to impose electricity tax
Until the establishment of equal rates or prices for the sale of electrical energy under this section, the city may exercise. the powers delegated by section 667 only in respect of consumption of electrical energy in the former City of Winnipeg.
The city may establish rates for any energy, power, commodity, water or service which it supplies and may
(a) make regulations with regard to the collecting of rates, the giving of discounts for prompt payment or payment in advance, the adding of penalties to rates in arrears, the handling of funds and the keeping of accounts;
(b) enforce payment of rates and penalties by shutting off the supply of or discontinuing the particular energy, power, commodity, water or service in respect of which such rates and penalties are payable, or by suit at law before any court of competent jurisdiction, or by distress and sale of the goods and chattels of the occupant of the property in which such energy, power, commodity, water or service is consumed or used, or of any goods and chattels in the occupant's possession wherever they be found within the city, such distress and sale to be levied and made in the same manner, so far as may be, as a distress and sale by law on a tenant for rent, and to provide that all such rates and penalties until paid shall be a lien on such property, and that in the case of rates, penalties and charges for water supplied or services rendered in connection with the waterworks utility, the same may be added to the taxes on such property and collected in the same manner as ordinary municipal rates;
(c) with the consent of the owner or occupier, but subject to section 155, enter on any premises for the purpose of
(i) affixing to any pipe, wire or apparatus connected with any such utility a meter or any other measuring or testing device;
(ii) taking readings from, repairing, inspecting or removing any meter or apparatus belonging to the city;
(iii) inspecting any wire, pipe, appliance or thing connected with or intended to be connected with any electrical, waterworks or other system operated by the city;
(d) make regulations
(i) for preventing the pollution of any water in the city's waterworks system or any source of supply thereof, or any unauthorized interference with such system or source of supply;
(ii) for preventing any person from reselling or giving away any energy, power, commodity or service supplied by the city or disposing thereof in any other manner than by use or consumption on the premises to which it is supplied;
(iii) for preventing the waste of any such energy, power or commodity supplied by the city, or the taking, using or consuming thereof in any greater quantity or at any greater rate than is specified by by-law;
(iv) for preventing the making of any unauthorized connection with any pipe, wire, or apparatus belonging to any such utility, and for preventing any person from fraudulently obtaining any energy, power, commodity or service therefrom;
(v) for controlling the number and kind of pipes, wires, fixtures and appliances which may be connected with any utility operated by the city, and the method of connection;
(vi) in addition to any other remedy, for enforcing such regulations by cutting off the supply to the person offending of such energy, power, commodity or service;
(e) make regulations regarding the method of estimating consumption where not properly measured due to any lack or defective operation of any meter or apparatus, or any other cause, and enforcing payment of the proper rates for such estimated consumption;
(f) make any other regulations which the city shall deem necessary or expedient with regard to the use or consumption of any electricity, gas, water, steam, or other energy, matter or thing produced or distributed by the city in operating any of its utilities, or with regard to the installation of meters, the laying or placing of service pipes or wires in the consumer's premises and the collection of the cost thereof, or any other matter connected with the carrying on of any such utility;
(g) without securing any licence or other authority that may be prescribed, or required, under any Act of the Legislature or under any by-law, rule, or regulation made under any such Act, to
(i) undertake and carry out for and on behalf of any user or potential user of power supplied, or intended to be supplied, by the city, or assist in any manner any such user or potential user to undertake and carry out, on such terms and conditions as the city may approve, the installation of electric wiring and related facilities using or intended to use power, and the preparation of plans, specifications, and estimates relating thereto, with a view to improving the usefulness, efficiency, or safety of the power supplied, or to be supplied, by the city to such user or potential user,
(ii) render engineering or other services to any user or potential user of power supplied by the city, and charge and collect from any such user or potential user the cost of any such work done, services rendered, or assistance given for or to the person or on behalf of the person.
Subsections 229(2) to (4) apply with necessary modifications to a distress and sale of goods and chattels under clause (1)(b).
Every meter, wire, pipe, or other apparatus installed by the city in any premises shall, unless purchased and completely paid for by the owner or occupant of the premises, remain the property of the city and shall not be liable to distress, seizure or attachment.
City not liable for pipe breakage
The city is not liable for damages caused by
(a) the breaking of any pipe, wire, meter or other apparatus except where it is established that the break is due to the negligence of the city; or
(b) the shutting off of electricity, gas, water or other service because of accident or the necessity of making repairs; or
(c) any discontinuance of service in accordance with the provisions of this Act or the regulations made hereunder.
The city may
(a) subject to the provisions of The Manitoba Hydro Act, acquire, produce by any means whatever, transmit, distribute and sell, within or without the city, electrical energy, gas or steam or any form of, or substance capable of being transformed into, heat or energy, such acquisition, production, transmission, distribution and sale, in respect of any such form of energy or commodity, being referred to herein as a "utility";
(b) as part of the operation of any such utility, carry on the business of the sale of appliances or things capable of conducting, using or transforming into use, any such energy or commodity;
(c) establish rates for the sale of any such energy or commodity delivered to the consumer or kept available at his premises, or for any stand-by or other service supplied by the city, and for rental of any meter or other apparatus.
It shall be the duty of the city to ensure a supply of water from any permanent source, whether inside or outside the province, for the use of the inhabitants of the city and for that purpose, the city may extend its operations and exercise its powers outside of the limits of the province, subject to the city obtaining any legal rights that may be required therefor from Her Majesty in right of Canada or in right of any other province, or from the Parliament of Canada or the legislature of any other province or from any other proper legal authority.
Power of city as to waterworks
The city may design, construct, build, purchase, improve, add to, extend, hold, and generally maintain, manage, and conduct waterworks and all buildings, matters, machinery, and appliances therewith connected or necessary thereto, including plants and equipment considered necessary for furnishing power for the operation of the waterworks.
Additional powers as to water supply
For the purpose of supplying water under section 553, the city has the powers and rights conferred on the Metropolitan Corporation under Part VII (Waterworks System) of The Metropolitan Winnipeg Act, as contained in Schedule A to this Act, immediately before the repeal of that Act and, for the purpose of conferring those powers and rights on the city, the Act shall, to that extent, be deemed to be in force.
For the purpose of recovering a portion of the capital cost of the waterworks system, or any part of it, as the cost may exist from time to time, the council may by by-law impose on a person, firm or corporation applying for a permit to construct or enlarge a building, a connection charge or charges payable in the form of a sum of money to the city.
Calculation and collection of charge
In a by-law passed under this section, council shall set forth
(a) methods of calculating the charges imposed by the by-law, which may vary in accordance with the occupancy, use, size or other characteristic of the building in respect of which the charge is made; and
(b) methods and procedures for collecting the charges imposed by the by-law.
Control over waterworks system
The city shall have full, entire and exclusive possession, control, and management, of the said land, undertakings, and waterworks, and all things appertaining to them, and may prosecute or defend an action, suit or process at law or in equity, against or by a person
(a) for money due for the use of water;
(b) for the breach of any contract, expressed or implied, touching the execution or management of the works or the distribution of the water, or of any promise of contract made to or with a person;
(c) for an injury, damage, trespass, nuisance, or other wrongful act done, omitted or suffered to the land, works, watercourse, sources of water supply, pipes, machinery or any apparatus belonging to or connected with a part of the works; or
(d) for any improper use or waste of the water.
Accounts may be payable in advance
Council may provide that rates for water or for sprinklers, stand-by or other service supplied in connection with the waterworks shall be due and payable in advance for any month, quarter or other period, and that, subject to later adjustment, bills for water supplied may be calculated in advance by a designated officer of the city on an estimated consumption, as defined and authorized by by-law.
Where, in the opinion of council, a corporation or person having a plant or establishment outside the city requires for the regular supply of that plant or establishment a. quantity of water that justifies the city in making an agreement for the supply of it, the city may enter into a contract with the corporation or person for the supply of the water for a period not exceeding 20 years.
City may alter position of meter
In placing or having placed a meter in premises connected with its waterworks for the purpose of measuring the water consumed, the city may, for the purpose of protecting or regulating the use of the meter, at the expense of the owner or occupant of the premises, alter the position of the meter or of any pipe, connection, or tap, and the expense of the alterations while unpaid shall be a lien or charge on the property on which the work is done, and on the goods and chattels of the person owing the amounts situated on the property.
Payment of cost of installing pipes
Except as provided in an agreement made under subsection 605(1), or a condition imposed or agreement made under section 637, the owner of a building connected to the city's waterworks main shall pay, by lump sum, the cost of installing service pipes from the main to the city's control valve adjacent to the street line and the cost of disconnecting the service pipes at the watermain where that service is no longer required, and the city shall pay the cost of keeping the service pipes in repair.
The work of laying and keeping in repair the service pipe between the control valve and any building to which the service pipe is required to be taken shall be done by the owner of the building, or the city may do the work and charge the cost to the owner, provided that if the service pipe enters a building through a wall, whether of the building or of an area or other structure, which is wholly or partly on the street, the owner of the building shall be responsible for the laying and maintaining of the service pipe from a point two feet outside the point where it enters the wall.
Notwithstanding the provisions of subsection (1), the city shall not be required to pay any of the cost of installing or keeping in repair a service pipe connected or intended to be connected with a sprinkler system, standpipe, or other privately owned apparatus for fire extinguishing purposes, or a waterworks service pipe to any land or premises where such service is regarded by the city as likely to be in use for temporary or seasonal periods only, and the city may pass by-laws prescribing the terms and conditions on which any of the services mentioned in this subsection may be installed, used or discontinued, or, if heretofore installed, may be used or discontinued.
The city shall have the same rights in enforcing payment of the cost, as certified by the engineer, of any work done by it in maintaining, repairing, renewing or removing any such service pipe, or any loss, expense or damage incurred or suffered by the city arising out of the existence, use or non-repair of any such service pipe, as it would have for water supplied to the premises to which such service pipe leads.
The service pipe, including its fittings, from the control valve to the point in the building where the consumption of water is measured by the city, shall not be interfered with by the owner of the building, or by the owner's tenant or agent, except to make necessary repairs to the service pipe, and if any damage is done to this portion of the service pipe or its fittings, either by neglect or otherwise, and the owner fails to make the necessary repairs, the city may, in addition to its other remedies, repair it and charge the cost to the occupant or owner of the premises.
The city may also do any other work on the owner's premises necessary to safely and efficiently maintain a supply of water to and in the premises, and may charge the cost of the work to the owner.
Obtaining payment of cost of work
The city shall have the same rights in enforcing payment of the cost of any work done by it hereunder as it has in connecting rates for water supplied.
Any work done by the owner as herein provided shall be done to the satisfaction of the director.
Contamination from cross connection
When a person having pipes connected with the city water mains has at the same time an independent source of water supply connecting therewith, the employee designated by council may, in case of danger from contamination of the water in the city mains through the connection, cut off or stop the supply of water from the city mains to the person, and there shall be no liability for damages or other compensation in respect thereof.
The city is not liable for damages caused by the shut-off or reduction of the amount of water supplied to any person in cases of emergency or breakdown or when it is necessary in maintaining or extending the system.
Where the supply of water by the city to any person, firm or corporation is interrupted or reduced, it shall not be deemed to be a breach of contract, or to entitle any person, firm or corporation, to rescind any contract, or release any guarantor from the performance of the guarantor's obligation.
Damages caused by quality of water
The city is not liable for damages caused by the quality or content of water supplied unless the water does not meet the accepted standards of purity established by provincial health regulations.
Penalty for taking water wrongfully
Any person who lays or causes to be laid any pipe or main to communicate with any pipe or main of the city's waterworks, or in any way obtains or uses any water thereof, without the consent of the city, shall forfeit and pay to the city the sum of $50., and also a further sum of $10. for each day the pipe or main so remains: and the city may recover those sums, together with costs of suit, in addition to the value of the water taken, by civil action in any court of competent jurisdiction.
Any person who
(a) wilfully or maliciously hinders or interrupts, or causes or procures to be hindered or interrupted, the city or its servants, agents, contractors, or workmen, or any of them, in the exercise of the powers and authorities granted herein as to waterworks, plant, or equipment or water supply; or
(b) wilfully or maliciously lets off or discharges any water so that it runs waste or useless out of the city's waterworks system; or
(c) throws or deposits any injurious, noisome, or offensive matter into the water or the city's waterworks or on the ice, or in any way fouls them or commits any wilful damage or injury to the city's waterworks or water, or encourages any of those things to be done; is guilty of an offence and liable to a fine not exceeding $5, 000. in the case of a corporation or, in the case of an individual, to a fine not exceeding $1, 000. or to imprisonment for a term not exceeding six months, or both, and the person is also liable to the city for any damage done by the person.
Penalty for water supply pollution
Any person who
(a) bathes or washes, or cleanses any cloth, wool, leather, skin, or animal, or places any nuisance or offensive thing, in any lake, river, pond, source, or fountain from which the water of the city is obtained and within one mile from the source of supply for the waterworks; or
(b) conveys, casts, throws, or puts, any filth, dirt, dead carcasses, or other noisome or offensive thing in any of the waters mentioned in clause (a) and within the distance therein mentioned from the source of supply; or
(c) causes, permits, or suffers, the water of any sink, sewer, or drain to run or to be conveyed into any of the waters mentioned in clause (a); or
(d) causes any other thing to be done whereby the waters mentioned in clause (a) may in anywise be tainted or fouled; is guilty of an offence and liable to a fine not exceeding $5, 000. in the case of a corporation or, in the case of an individual, to a fine not exceeding $1, 000. or to imprisonment for a term not exceeding six months, or both, and the person is also liable to the city for any damage done by the person.
The city may construct, acquire, maintain, and operate, a railway or tramway, to be operated by steam, electricity, gasoline, or other motive power, with all required motive power, rolling stock, and all other appliances, matters or things required for the construction, maintenance and operation of any such railway or tramway.
The city may enter into agreements
(a) to give to any other person, firm, corporation, or municipality, operation privileges or running rights over the whole or any portion of any such railway or tramway;
(b) to obtain from any person, firm, corporation, or municipality, operation privileges or running rights over any portion or portions of any railway owned or being operated by any person, firm, corporation, or municipality.
Powers respecting branch lines
The city may acquire, construct, maintain, and operate, branch lines or spur (racks, each not exceeding ten miles in length, from any point or points on its railway or tramway; and for those purposes the city shall have the same rights, powers, and authorities, and shall make to the proprietors of any land taken for those purposes, compensation in the same manner, as if the branch lines or spur tracks were part of the main line.
The city may acquire, by purchase, lease, or otherwise, timber berths or timber leases and quarrying leases and quarries, of all kinds, from Her Majesty in right of Manitoba or from any other person, firm, or corporation; and may hold, own, and operate them, and sell, transfer, assign, lease or sublet them.
Every person who trespasses on the aqueduct, yards or railway (racks, of the city or any part thereof, or causes or permits livestock to stray, or be at large thereon, except where the railway tracks are laid across a highway, is guilty of an offence.
In this Part
"chartered bus service" means, subject to subsection (2), service by means of a bus that is engaged solely to transport the persons engaging it on one occasion or for one trip to a staled destination and, if so required, return therefrom to the point of origin; («service d'autobus nolisé»)
"local passenger transportation service" means a service whereby, for fixed fares, persons are, within the city, taken on a transporting vehicle and transported therein to a place within the city at which they alight; («service local de transport de passagers»)
"operating expenses" with respect to any fiscal year of the city, means all administration, management, and other expenses of every kind incurred in that fiscal year in connection with the operation of all plants and properties of the city used in connection with the transit system and, without limiting the generality of the foregoing, includes
(a) reasonable repairs and maintenance, insurance, taxes, interest, and pension or superannuation fund payments in respect of current services incurred or payable in that fiscal year;
(b) an amount equal to
(i) the provision made by the city for depreciation of the transit system in that fiscal year; or
(ii) the aggregate of sinking fund payments in respect of sinking fund debentures issued by Greater Winnipeg Transit Commission, or issued under The Metropolitan Winnipeg Act, or issued under this Act by the city in respect of the transit system, and the principal payments falling due in that fiscal year in respect of any instalment or serial debentures, and the annual principal payments required to be made by the city in that fiscal year in respect of pensions or superannuation allowances to persons employed in the administration or operation of the transit system;
whichever is the greater; and
(c) such other provisions or reserves as the city may deem necessary and as may be required in accordance with good accounting practice; («dépenses d'exploitation»)
"operating loss" with respect to any fiscal year of the city, means the excess of the aggregate amount of all operating expenses resulting from the operation of the transit system over the aggregate amount of all operating revenue derived from that operation, for that fiscal year; («pertes d'exploitation»)
"operating profit" with respect to any fiscal year of the city, means the excess of the aggregate amount of all operating revenues derived from the operation of the transit system over the aggregate amount of all operating expenses resulting from that operation, for that fiscal year; («profit d'exploitation»)
"operating revenues" means all revenues of the city from the operation of all plants and properties of the city used in connection with the transit system and revenues from all other sources that relate to, or are applicable to, the transit system or the operation thereof; («revenus d'exploitation»)
"transit system" means the Winnipeg transit system. («réseau de transport»)
The council may, by by-law, establish certain other types of bus service, available only during a maximum period fixed in the by-law, that shall be deemed to be chartered bus services within the meaning of this Part, and may prescribe in the by-law specific charter rates for the services.
Transit service in additional zone
The city and any municipality that is wholly or partly within the additional zone may enter into an agreement under which the city undertakes to provide local passenger transportation service to any part of the municipality that is within the additional zone, as part of or in connection with the transit system; and the agreement shall provide that the municipality shall reimburse the city for any operating loss incurred by the city in providing that service in that part of the municipality; and where such an agreement is entered into the city may provide that service in that part of the municipality.
The city may
(a) construct, maintain, operate, extend, alter, repair, control, and manage a local transportation system within the city by means of surface, underground, or overhead railways, tramways, or buses including chartered bus services, or any other means of local transportation service except taxis;
(b) establish new local passenger transportation services in the city as and when required and alter, curtail, or abolish any services if the council considers it desirable so to do;
(c) fix such tolls and fares, and establish such fare zones, as, in the opinion of the council, are reasonable and just having regard to the cost of maintaining and operating the transit system including the payment, as they become due, of all debts of the city that relate or are attributable to, or were incurred in respect of, the transit system;
(d) establish passenger transportation service from the city to Bird's Hill Provincial Park and return under such terms as to fares, schedules and conditions, as may be prescribed by by-law of the council..
Except in accordance with an agreement made under subsection (2), no person other than the city shall operate a local passenger transportation service within the city, with the exception of
(a) railways;
(b) taxis;
(c) buses owned and operated by a school board or private school for school purposes;
(d) buses operated as a chartered bus service; and
(e) buses owned and operated by any corporation or organization solely for the purposes of the corporation or organization if no fare or fee is charged for transportation.
Agreement for private operation
Subject to subsection (3), the city may make an agreement with any person whereby that person will operate a local passenger transportation service of such kind, and in such part of the city as is specified in the agreement.
An agreement made under subsection (2) has no force or effect unless
(a) it is approved by The Motor Carrier Board or The Public Utilities Board; and
(b) the person with whom it is made is authorized by The Motor Carrier Board or The Public Utilities Board, to operate the service; and the operation of any such local passenger transportation service is, in all respects, subject to the authority and supervision of The Motor Carrier Board or The Public Utilities Board.
THE ENVIRONMENT CITY PLANS
In this Part,
"action area" means any area within a community or any area within the boundaries of the land of a municipality in the additional zone, for which an action area plan is, or is to be prepared; («secteur visé»)
"action area plan" means the statement of the city's policies and proposals for the comprehensive treatment during a period prescribed in it of an action area, by development, redevelopment or improvement of the whole or part of the area, or by the establishment and implementation of a social development program, or partly by one and partly by another method, and the identification of the types of treatments selected, and may be expressed in texts, maps or illustrations; («plan de secteur»)
"action area plan by-law" means a by-law passed under this Part which establishes, alters, amends or repeals an action area plan or replacement thereof, and includes amendments to or repeal of any such by-law; («arrêté relatif à un plan de secteur»)
"community plan" means a plan for the whole area of a community or all that part of a municipality that is within the additional zone, within the framework established in the Greater Winnipeg Development Plan and which consists of text and maps or illustrations formulating in such detail as the council considers appropriate, proposals for the development and use of land in the community or all that part of the municipality that is within the additional zone and a description of the measures which the council considers should be undertaken for the improvement of the physical, social and economic environment and transportation within the community or within all that part of the municipality that is within the additional zone; («plan de district»)
"community plan by-law" means a by-law passed under this Part which establishes, alters, amends or repeals a community plan, or a replacement thereof and includes any amendment to or repeal of any such by-law; («arrêté relatif à un plan de district»)
"Winnipeg development plan" means a statement of the city's policy and general proposals in respect of the development or use of the land in the city and the additional zone, set out in texts, maps or illustrations, and measures for the improvement of the physical, social and economic environment and transportation; («plan directeur de Winnipeg»)
"Winnipeg development plan by-law" means a by-law passed under this Part which establishes, alters, amends, or repeals the Winnipeg development plan or replacement thereof and includes an amendment to or a repeal of such a by-law. («arrêté relatif au plan directeur de Winnipeg»)
What development plan shall indicate
The council's general proposals contained in the Winnipeg development plan shall indicate with respect to any area in a community, and any area of a municipality that is within the additional zone, the action areas which the council has selected for the preparation of action area plans, the council's general proposals for comprehensive treatment for such areas and the period within which the action area plan will be prepared.
Periodic review of development plan
At least once during each five year period commencing on December 1, 1985, the council shall review the Winnipeg development plan.
After consultation with the council, the minister may, in writing, order the council to prepare and adopt an amendment, alteration, repeal or replacement or one or more of those things to the Winnipeg development plan within such time as the minister may order, and the minister may extend that time.
Where the council
(a) fails to comply with an order under subsection (1): or
(b) where the minister approves a Winnipeg development plan by-law and the council within the time prescribed by the minister does not finally pass that by-law; or
(c) where the minister approves a Winnipeg development plan by-law subject to conditions and the council does not comply with the conditions and does not finally pass the by-law within the lime prescribed by the minister; the minister may cause all those things that are required to be done by the council under subsection (1) to comply with the order to be carried out by the city and the minister has all the power and duties of the council in causing one or more of those things to be carried out by the city.
Adoption of plan by the minister
Where the minister exercises the power of the council under subsection (2) and adopts an amendment, alteration, repeal or replacement, it shall be deemed to have full force and effect in the city and in the additional zone as if it was enacted by a Winnipeg development plan by-law under this Part.
In reviewing the Winnipeg development plan, the council shall have regard to,
(a) the principal physical, social, environmental and economic conditions of the city and the additional zone, including the principal purposes for which the land is used;
(b) the size, composition and distribution of the population of the city and the additional zone;
(c) without restricting the generality of clause (a), the provision of public services and facilities including transportation and communication facilities in the city and in the additional zone;
(d) housing requirements, including the renewal, rehabilitation and improvement of neighbourhoods and the urban core;
(e) open space requirements, including the management and preservation of forested areas and the protection, restoration, reclamation or use of river banks;
(f) the preservation, protection and enhancement of areas of land, building structures and sites of historical, archaeological, geological, architectural, environmental, or scenic significance; and
(g) any considerations not mentioned in clauses (a) to (f) inclusive which may be expected by the council to affect any matter so mentioned.
Subject to the provisions of this Act, the council may, after advising the minister, amend, alter, repeal or replace the Winnipeg development plan if such amendment, alteration, repeal or replacement is approved by enacting a Winnipeg development plan by-law under this Part.
Before giving a Winnipeg development plan by-law a first reading, the council shall forward it to the executive policy committee.
Consultation of community committee
The executive policy committee, on receipt of the Winnipeg development plan by-law under subsection (1), shall consult with each community committee for a community and each council of a municipality in the additional zone that the council considers may be affected significantly by the proposed amendment, alteration, repeal or replacement of the Winnipeg development plan.
The executive policy committee, after it completes its consultation under subsection (2), shall forward the draft Winnipeg development plan by-law to the council with its report and recommendation.
The council, after it receives the draft Winnipeg development plan by-law and the report and recommendation under subsection (3), may give first reading to the Winnipeg development plan by-law.
Public notice of meeting required
The executive policy committee after the draft Winnipeg development plan by-law receives first reading and before it receives second reading shall give public notice
(a) that, on a day, and at a time and place, stated in the notice, a meeting will be held to receive representations from any person desiring to make them in respect of, the proposed amendment, alteration, repeal, or replacement of the Winnipeg development plan or any part thereof; and
(b) stating that a copy of the proposed amendment, alteration, repeal, or replacement may be inspected by any person at a place, and at times, stated in the notice.
The council shall make available for inspection a copy of the proposed amendment, alteration, repeal, or replacement of the Winnipeg development plan, including all maps and sketches forming a part thereof, and shall permit any person to inspect it at the place, and during the times, stated in the notice.
The notice required under subsection (5) shall be given,
(a) by publishing a copy thereof in at least two newspapers having a general circulation in the city once each week for at least two weeks before the meeting; and
(b) in any other manner that the council considers advisable.
On the day and at the time and place stated in the notice the executive policy committee shall hold a meeting to receive representations from anyone who appears on the person's own behalf, or on behalf of another person, and desires to make representations.
The executive policy committee may receive all representations on the same day or if thought advisable adjourn from time to time until all representations are received; and if the meeting is adjourned, the executive policy committee may subsequently sit and receive representations at such time and place as the committee may decide.
Meeting may continue on certain topics
After an adjournment and before the conclusion of a meeting held under subsection (8), the meeting may, subject to subsection (11), be continued to receive representations in respect of the following:
(a) land additional to the land referred to in the Winnipeg development plan by-law of which notice was given under subsection (5);
(b) a classification of land use not disclosed in the notice published under subsection (5).
Public notice of continued meeting
Before the adjourned meeting referred to in subsection (10) is continued, public notice shall be given in accordance with subsections (5), (6) and (7) with such modifications as the circumstances require.
The executive policy committee, on completion of the meeting referred to in subsection (8), shall consider the representations made at that meeting and shall make its report with recommendations to the council.
The council, on receipt of the report and recommendations mentioned in subsection (12), shall decide the action it shall take; and it may without further notice, amend the Winnipeg development plan by-law and the proposed amendment, alteration, repeal, or replacement of the Winnipeg development plan, and thereupon give the second reading to the by-law; but the Winnipeg development plan by-law, or the proposed amendment, alteration, repeal, or replacement of the Winnipeg development plan, shall not be amended so as to refer
(a) to land additional to the land referred to in the Winnipeg development plan by-law of which notice was given under subsection (5); or
(b) to a classification of land use not disclosed by the notice given under subsection (5); unless it is additional land or a classification of land use or both, as the case may be, considered at an adjourned meeting continued under subsection (10).
Forthwith after giving second reading to the Winnipeg development plan by-law, the council shall forward a copy of it to the minister and shall not give third reading to, or finally pass the by-law until the minister has approved it in writing.
Representations restricted to public meeting
Notwithstanding any Act, the council is not required to hear any delegation or representation respecting a matter that has been or is required to be considered at a public meeting except at the public meeting.
Where the council, a committee of council, or a subcommittee thereof is required to hear any delegation or representation respecting a matter that is required to be considered at a public meeting, any of them may impose reasonable limits on the number of persons making representations and on the nature or length of those representations.
Notwithstanding subsection 10(11), where, under this Part, a matter has been or is required to be considered at a public meeting of a committee of council, the council may refuse to receive and have read a petition respecting that matter.
Preliminary to any of the public meetings referred to in this Part the members of a committee required to conduct the public meeting under this Part, may participate in any discussions with an applicant or any other person after public notice is given
(a) that the meeting will be held on a day and at a time and place staled in this notice; and
(b) of the intent and purpose of the meeting, in a brief and summary form.
The preliminary meeting referred to in subsection (1) shall be held solely for the purpose of discussing a proposed application, by-law, plan or an amendment, alteration, repeal or replacement of a plan to be considered at a public meeting.
The public notice referred to in subsection (1) shall be given
(a) by publishing a copy thereof in at least two newspapers having a general circulation in the city once each week at least two weeks before the meeting; and
(b) in any other manner that the council considers advisable.
Where, under this Part a record is required to be kept of a meeting and only a part or none of that record is made, or the record is unintelligible, erased, lost or destroyed, the council shall determine
(a) whether or not the procedure and the meeting shall be commenced again;
(b) whether or not the meeting shall be continued and completed; or
(c) if the meeting has not been completed, whether or not it shall be continued and completed after a repetition of that portion thereof in respect of which there is no record or no intelligible record; or and where the council determines that the procedure or meeting shall not be commenced again, or shall be continued and completed without repeating any portion in respect of which there is no record or intelligible record, the procedure or meeting is not invalid by reason only of there being no record or no intelligible record thereof, or of a portion thereof.
Forthwith after forwarding a copy of a Winnipeg development plan by-law to the minister under subsection 579(14), the council shall cause a notice to be sent by registered mail to all persons who made representations at the meeting referred to in subsection 579(8), stating
(a) that the council has given second reading to the Winnipeg development plan by-law;
(b) that the copy of the Winnipeg development plan by-law has been forwarded to the minister for approval; and
(c) that any person who has made a representation at the meeting may file an objection with the minister, on or before a date specified in the notice.
The date specified in the notice shall be at least 14 days after the date on which the notice is mailed.
When the minister receives a Winnipeg development plan by-law from the council under subsection 579(14), the minister may
(a) approve or reject the by-law in writing; or
(b) approve the by-law subject to conditions in writing; or
(c) forward the by-law to The Municipal Board for a hearing and for the board's report and recommendation.
Where a Winnipeg development plan by-law is referred to The Municipal Board under clause (1)(c), The Municipal Board shall
(a) fix a date, time and place for the hearing of objections;
(b) give not less than 14 days notice thereof, in writing, to any person that it deems should receive the notice and to the city;
(c) on the dale and at the time and place stated in the notice sit and hear any person who appears and desires to give evidence or make representations on the person's own behalf, or on the behalf of another person, in the matter; and
(d) submit its report and recommendation to the minister.
The minister may authorize any person to appear before The Municipal Board in any hearing held under subsection (2), to make representation for and on behalf of the government.
Council represented before board
Where the minister forwards a Winnipeg development plan by-law to The Municipal Board under subsection (1), any person authorized by the council for that purpose, may appear before The Municipal Board at all hearings concerning the objection and has the rights of a party to the matter to submit evidence and present argument.
The minister, on receipt of the report and recommendation of The Municipal Board, shall (a) approve the by-law in writing;
(b) reject the by-law in writing; or
(c) approve the by-law subject to conditions in writing.
Where the minister, in writing, approves the by-law under this section, the council may give third reading and finally pass it.
Conditions imposed by minister
Where the minister approves the by-law subject to conditions, including the condition that the Winnipeg development plan by-law or the Winnipeg development plan should be amended, the council shall cause the by-law or the plan to be amended or the condition to be met to conform to the decision of the minister.
Where the council has amended the Winnipeg development plan by-law or the Winnipeg development plan or both, or has met the condition imposed by the minister so that they conform to the decision of the minister, the council shall forthwith forward the amended Winnipeg development plan by-law and the Winnipeg development plan or evidence of complying with the condition imposed, to the minister for approval.
Minister's reference back to council
Where the minister is satisfied that the amended Winnipeg development plan by-law and Winnipeg development plan conform to the decision or the conditions imposed by him, the minister may in writing approve the Winnipeg development plan by-law and the Winnipeg development plan; but if the minister is not satisfied that the Winnipeg development plan by-law and the Winnipeg development plan conform to the decision or that the conditions imposed by him have been met, the minister may refer the amended Winnipeg development plan by-law and the Winnipeg development plan back to the council for such further amendment as is necessary to make the Winnipeg development plan conform with his decision or in order that the council may satisfy the conditions imposed by the minister.
Decision not subject to appeal
Where the minister has approved the Winnipeg development plan by-law and Winnipeg development plan, the decision is final and binding on all persons and is not subject to appeal.
Where the minister in writing approves the Winnipeg development plan by-law under this section the council may give third reading and finally pass it.
COMMUNITY PLAN
The minister, after consultation with the council, and where the plan is for land in the additional zone, the council of any municipality in which the land is situated may in writing order the council to cause to be prepared and to adopt a community plan for each community, or for all that part of a municipality that is within the additional zone.
Where the council has adopted a community plan for a community, or for all that part of a municipality that is within the additional zone, the minister may, after consultation with the council, or the council of that municipality, in writing order the council to prepare and to adopt an amendment, alteration, repeal or replacement of the community plan or plans.
Time limit imposed by minister
Where the minister issues an order under section 585
(a) the minister may set such time within which the plan or the amendment, alteration, repeal or replacement is to be prepared and adopted, and the minister may extend that time; and
(b) sections 576 and 578 apply with such modifications as the circumstances require.
Community plan established by by-law
The council may establish a community plan by enacting a community plan by-law approving i( under this Part and a community plan may be amended, repealed or replaced in the same way.
At least once during each five year period commencing on the day on which each community plan is approved after consultation with the community committee for the community for which the plan is prepared, and where the plan covers the land of a municipality in the additional zone, after the council consults with the council of the municipality, the council shall review each community plan.
The council shall cause to be prepared and approved under this Part a community plan for each community and where practicable a community plan for all that part of each municipality that is within the additional zone.
Before giving a community plan by-law first reading, council shall forward to the community committee the draft community plan for that community, and where the plan is for the land of a municipality to the council of that municipality.
When the draft community plan is reviewed by a community committee or the council of a municipality under subsection (2) the community committee, or the council of the municipality in the additional zone, as the case may be, shall cause a public notice to be given
(a) that on a day and at a time and place stated in the notice, a meeting will be held to receive representations from any person who wishes to make them in respect of the draft community plan; and
(b) stating that a copy of the draft community plan and supporting material may be inspected at times and in a place specified in the notice.
Material available for inspection
The clerk shall make available for inspection a copy of the draft community plan and supporting material at the place and during the times stated in the notice mentioned in subsection (3).
The notice mentioned in subsection (3) shall be given
(a) by publishing a copy thereof in at least two newspapers having a general circulation in the city once each week for at least two weeks before the meeting, and where the community plan is for the land of a municipality in the additional zone, in such newspapers, if any, up to two in number, as the council of that municipality decides has circulation in the municipality affected: and
(b) in any other manner that the council considers advisable, or where the land is in the additional zone, in any other manner that the council of the municipality in which the land is situated considers advisable.
On the day and at the time and place stated in the notice mentioned in subsection (3) the community committee, or where the land is in the additional zone, the council of the municipality in which the land is situated, shall hold a meeting to receive representations from any person who wishes to make them in respect of the draft community plan.
The community committee, or the council of the municipality, as the case may be, may receive all representations on the same day or if thought advisable adjourn from time to time until all representations are received; and if the meeting is adjourned it may subsequently sit and receive representations at such time and place as it may decide.
Report and recommendation on plan
When the meeting is concluded the community committee, or the council of the municipality, as the case may be, shall consider the representations made and shall prepare a report with recommendations, including if the community committee or council of the municipality so decides, draft amendments to the draft community plan.
The report and recommendation of the community committee, or the council of the municipality, as the case may be, shall be forwarded to the executive policy committee within such time as the council of the city shall prescribe.
E. P. C. to forward plan to council
The executive policy committee shall receive the report, recommendations and draft amendments to the draft plan, if any, of the community committee, or the council of the municipality, as the case may be, and subject to subsection (11) shall forward them to the council together with the recommendations of the executive policy committee.
Application of certain provisions
Subsections 579(4) to (14) and sections 583 and 584 apply with such modifications as the circumstances require to the establishment, amendment, alteration, repeal or replacement of the community plan.
ACTION AREA PLAN
Action area plan to be prepared
The council may
(a) subject to subsection 600(3), direct community committees to prepare action area plans, amendments, alterations, repeals or replacements of them within such time period as the council may establish for the purpose of implementing any component of a community plan; or
(b) the council may prepare action area plans, amendments, alterations, repeals or replacements of them, and shall forward them to the community committee.
Action area plan in additional zone
Subject to subsection 600(3), where land is in the additional zone, the council of the municipality in which the land is situated may prepare draft action area plans, amendments, alterations, repeal or replacements of the plan for the purpose of implementing any component of a community plan for the action area comprising that land.
By-law to establish action area plan
The council may establish an action area plan by enacting an action area plan by-law approving it under this Part, and an action area plan may be amended, altered, repealed or replaced in the same way.
Action area plans in communities
When the council directs a community committee to prepare an action area plan, amendment, alteration, repeal or replacement thereof, the community committee shall prepare a draft action area plan, draft amendment, alteration, repeal or replacement.
When the community committee, or the council of a municipality, as the case may be, has completed the draft action area plan under section 592, or subsection 590(2), or when the community committee receives the draft plan, amendment, alteration, repeal or replacement under clause 590(1)(b), it shall give public notice
(a) that on a day and at a time and place stated in the notice, a meeting will be held to receive representations from any person who wishes to make them in respect of the draft action area plan or amendment, alteration, repeal, or replacement of an action area plan or any part thereof; and
(b) stating that a copy of the proposed action area plan or amendment, alteration, repeal or replacement of an action area plan may be inspected by any person at a place or places and at times stated in the notice.
Material available for inspection
The community committee, or the council of a municipality, as the case may be, shall make available for inspection a copy of the proposed action area plan or the proposed amendment, alteration, repeal or replacement thereof including all maps and sketches forming a part of it and shall permit any person to inspect it at the place and during the time stated in the notice.
Subsection 589(5) applies with such modifications as the circumstances require to giving the notice required under subsection (1).
Meeting of community committee
On the day and at the time and place stated in the notice the community committee or the council of the municipality as the case may be, shall conduct a meeting to receive representations from any person who wishes to make them in respect of the proposed action area plan or the proposed amendment, alteration, repeal or replacement of an action area plan.
The community committee or the council of a municipality, as the case may be, may receive all representations on the same day, or if thought advisable, adjourn from time to lime until all representations are received, and, if the meeting is adjourned, the community committee or the council of a municipality, as the case may be, may subsequently sit and receive the representations at such time and place as it may decide.
Where the meeting is adjourned, it may be continued to receive representations in respect of
(a) land additional to the land referred to in the action area plan by-law of which notice was given under subsection 593(1); and
(b) a classification of land use not disclosed by the notice given under subsection 593(1).
Before an adjourned meeting referred to in subsection (3) is continued, notice shall be given in accordance with subsections 593(1), (2) and (3), with such modifications as the circumstances require.
The community committee shall cause to be made a record of the meeting referred to in section 594 by any means the council considers appropriate.
Record of meeting may be transcribed
The executive policy committee may require the record referred to in subsection (1) to be transcribed or, if no such requirement is made, any person who appeared at the meeting may require it to be transcribed at such fee as the council considers to be reasonable.
Person at meeting may hear recording
If the record referred to in subsection (1) is an audio recording and is made by a city employee or the community committee, any person who appeared at the meeting shall be permitted to listen to the recording at any reasonable time until the expiry of three months following the enactment of the action area plan by-law considered at the meeting.
The community committee, or the council of the municipality, as the case may be, at the conclusion of the meeting mentioned in subsection 594(1), shall
(a) consider the representations made at the meeting and may prepare a revised draft action area plan or amendment, alteration, or replacement of an action area plan or it may decide to carry forward the draft action area plan, amendment, alteration, or replacement of an action area plan without revision; and
(b) forward its report summarizing the representations and submissions made at the meeting mentioned in subsection 594(1) together with the draft action area plan, amendment, alteration, or replacement which results from its decision under clause (a) to the designated committee.
The community committee or the council of the municipality, as the case may be, shall meet the requirement mentioned in clause (1)(b) and forward it to the committee clerk for the designated committee mentioned in clause (1)(b) within 30 days of the conclusion of the meeting held under subsection 594(1).
If the community committee fails to report to the designated committee within 30 days following the meeting or within such further time as the council may establish, the community committee shall be deemed to have made a report with no recommendations.
Application of sections 619 and 620
Sections 619 and 620 apply with such modifications as the circumstances require to the establishment, amendment, alteration, repeal or replacement of an action area plan in a community and where the action area plan is for land in the additional zone, sections 619 and 620 apply with such modifications as the circumstances require to the report of the council of the municipality.
Plans deemed to be action area plans
The Downtown Winnipeg District Plan established by by-law 1554 enacted under The Metropolitan Winnipeg Act and every district plan adopted by a district plan by-law under this Act before the amendments enacted in the 4th Session of the 30th Legislature (1977) are deemed to be the approved action area plans for the area defined for it until it is amended, altered, repealed or replaced under this Part.
No public work shall be undertaken that does not conform to the provisions of the Winnipeg development plan, the community plans and the action area plans established under this Part.
Subject to subsection (3), each action area plan shall conform with the community plan, a component of which the action area plan implements; and each community plan shall conform with the Winnipeg development plan.
Action area plan to conform to community plan
Subject to subsection (3), an action area plan shall not be enacted, amended, altered or replaced unless it conforms with the community plan for the community affected, or the land in the additional zone affected by the action area plan or an amendment, alteration, or replacement to it.
Where community plan not established
Where no community plan is established under this Part, the action area plan or any alteration, amendment or replacement thereof shall conform to the Winnipeg development plan.
A community plan shall not be enacted, amended, altered or replaced unless it conforms with the Winnipeg development plan or an amendment, alteration or replacement to it.
The council shall ensure that a planner is made available to each community committee or council of a municipality affected for the purpose of assisting that committee or council in interpreting a draft community plan, Winnipeg development plan and any amendment, alteration, repeal or replacement thereof and in preparing an action area plan, or an amendment, repeal or replacement thereof and assisting the community committee or council in expressing its recommendations and concepts to a draft community plan, action area or Winnipeg development plan or any amendment, repeal or replacement thereof.
ZONING
The council may enact by-laws having force in the city and the additional zone, or in any area or areas in either the city or the additional zone, or both, with respect to,
(a) prohibiting the use of land for or except for such purposes as may be set out in the by-law;
(b) prohibiting the erection or use of buildings or structures for or except for such purposes as may be set out in the by-law;
(c) prohibiting the making or establishment of pits or quarries;
(d) prohibiting the removal or movement of soil or other material;
(e) prohibiting the removal of trees or vegetation;
(f) establishing the minimum dimensions and area of lots or parcels of land that may be used in any designated locality, for a permissible use;
(g) establishing, for any designated locality, the number of buildings, and the maximum and minimum floor area of each building, that may be erected or placed on any unit of land of such area as may be specified in the by-law;
(h) prohibiting the erection of any building or other structure on land that is subject to periodic flooding, or in respect of which, because of poor natural drainage or other natural features,
(i) the cost of providing an adequate water supply system, sewage disposal system, or drainage would, in the opinion of the council, be excessive; or
(ii) the provision of such facilities would, in the opinion of the council, be unwise;
(i) regulating the location, height, dimensions, and cubic contents of any building or other structure erected, constructed, reconstructed, altered, repaired or placed after the enactment of the regulating by-law;
(j) regulating the amount of land that, in any designated locality, may be covered by buildings, the maximum or minimum amount of land uncovered by any structures that must be adjacent or appurtenant to any building, and the maximum or minimum size, or both, of yards, gardens, lawns, courts, or other open spaces adjacent or appurtenant to any building;
(k) specifying the minimum distance that must exist between any window in any building and any other building or any obstruction, in order to ensure provision of sufficient air and light and fire protection;
(l) requiring the owner, lessee, or other occupant of buildings, or other structures erected, placed, or used for a permissible purpose after the enactment of the requiring by-law to provide and maintain, on property owned and occupied by him, any loading or parking facilities appurtenant to any such building or structure that are deemed by the council to be necessary;
(m) prohibiting public outdoor display in any form or manner of advertisements, or regulating the nature, kind, size, description, and contents, of any such advertisement permitted to be displayed;
(n) establishing classes of use for the purposes of subsection 610(2);
(o) regulating and controlling the architectural and other details of buildings, except residences, to be built or remodelled in certain specified districts as created by by-law, and for regulating and controlling such details in respect of apartment blocks to be built or remodelled in any part of the city, and to appoint a board, to the approval of which any such building and the plans and design thereof shall conform; and
(p) prohibiting the use of land or the erection or use of buildings or structures for such conditional uses as may be set out in the by-law unless specifically approved in accordance with the by-law.
The power to prohibit provided for in subsection (1), includes the power to regulate any matter referred to.
Application of term "zoning by-law"
A by-law dealing with any of the matters referred to in subsection (1), is referred to in this Part as a "zoning by-law", and that term includes an amendment to or repeal of such by-law.
In this Part, "conditional use" means a use of land, building, or structure prohibited by by-law unless specifically approved under the provisions of the by-law, and includes a use referred to in any zoning by-law as an additional use.
The designated commissioner or any other officer, employee or agent of the city appointed and authorized for the purpose may, at all reasonable times and with the consent of the owner or occupier but subject to section 155, enter upon any land, building or premises in the city for the purpose of
(a) examining any dwelling or building or structure or anything appurtenant thereto to ascertain whether there is compliance with any applicable by-law, regulation or order made by the council or a standing committee, community committee or officer or employee of the city under (his Part; or
(b) carrying into effect or enforcing any by-law, regulation or order made under this Part.
In exercising the power delegated by section 602, the council shall conform to the Winnipeg development plan, and any relevant provision in a community plan and action area plan.
Where an application is made for the enactment of a zoning by-law, the council may require the owner or the applicant entitled to be registered as owner of the land, building or structure to which it will apply, as a condition of its enactment, to enter into a zoning agreement with the city, in respect of that land as well as contiguous land owned or leased by the applicant, dealing with:
(a) the use of the land and any existing or proposed building or structure;
(b) the timing of construction of a proposed building or structure;
(c) the siting and design including exterior materials of a proposed building or structure;
(d) traffic control and the provision of parking;
(e) landscaping, the provision of open space and the grading of the land;
(f) the construction by or at the expense, in whole or in part of the owner, of a system, works, plant, pipeline, or equipment for the transmission, delivery, or furnishing of electricity and water and the collection and disposal of sewage;
(g) the payment of a sum of money to the city in lieu of the requirement under clause (f) to be used by the city for any of the objects referred to in clause (f);
(h) the conveyance of land or payment of money in lieu thereof to the city or where the land is in a municipality in the additional zone to the municipality in which the land is located, by the applicant or the owner, where the application is for a zoning classification to permit a multiple residential use, commercial use of industrial use, or any one or more of them, and the land conveyed shall be used for public purposes other than highways or the money paid shall be used to purchase land for public purposes other than highways, as the case may be; or
(i) any one or more of the above, provided that an agreement dealing with any of the matters referred to in clauses (f) and (g) shall be in accordance with a by-law passed under section 643.
Effect of registering agreement
An agreement referred to in subsection (1) may provide that it runs with the land and if it does, it is deemed to so run and an instrument implementing it registered in the Land Titles Office shall, without special mention of it in the instalment, be deemed to bind the owner of the land affected by the agreement, and the owner's heirs, executors, administrators, successors and assigns.
Timing of agreement and by-law
In order to establish the zoning agreement and zoning by-law concurrently, council may authorize the execution of the zoning agreement before enactment of a zoning by-law, but the zoning agreement shall be conditional on a final approval of the zoning agreement by council and on the enactment of the zoning by-law.
The city may enter into agreements referred to in subsection (1).
Where an application is made for re-zoning land to a zoning classification permitting multiple residential use or commercial use or industrial use, or a combination of all or any number thereof, the council may, by by-law, establish requirements for the conveyance of laud or payment of money in lieu thereof to the city, or where the land is in a municipality in the additional zone to the municipality in which the land is located, and the by-law shall provide that the conveyance of the land shall be used for public purposes other than highways or that the sum of money paid shall be used to purchase land for public purposes other than highways, as the case may be.
The council may provide that a zoning by-law or any provision thereof shall have force and effect for a limited period only or until the occurrence of a specified event or events and that thereafter the land affected by the by-law shall become subject to other zoning provisions set out or referred to in the by-law or to existing zoning provisions suspended by the temporary zoning by-law.
Non-conforming structure may continue
Subject to the provisions of this Act, a building or structure, or a use of land, building or structure lawfully in existence at the date of enactment of a zoning by-law, and that does not conform to the by-law, may continue to exist.
What constitutes existing structure
A building or structure shall be deemed to be existing at the date of the passing of a zoning by-law or a by-law amending or revising it if,
(a) it was lawfully under construction; or
(b) the permit for its construction was in force and effect; but this provision shall not apply unless the construction is commenced within the period limited for the commencement of construction under the permit for its construction.
A certificate may be issued on the application of any person having an interest therein, describing the building or structure, or use of land, building or structure lawfully in existence at the date of the passing of a zoning by-law, and which may continue to exist although it does not conform to the zoning by-law.
Council may require the payment of a fee in an amount which it considers advisable for the issue of the certificate referred to in subsection (1), and the certificate shall be conclusive evidence of the facts stated therein.
Where on the day a zoning by-law is enacted, a permit for the construction of a building or structure prohibited by the by-law had been issued and was in force and effect, the council may cancel the permit, provided that at the time of the cancellation the building or structure is not under construction.
Expenses where permit cancelled
If a permit is cancelled under subsection (1), the council shall pay the person on whose behalf the permit was obtained, such reasonable expenses for the preparation of plans for the building or structure and the promotion of the development as may be agreed upon by the council and the person.
In the event the parties are unable to agree on the amount to be paid, the person on whose behalf the permit was obtained may require that the city submit the claim to arbitration by serving a written notice to that effect on the city.
The arbitration shall be by a single arbitrator appointed by the parties, or by the minister if they are unable to agree, and shall be made under The Arbitration Act.
Structural alteration prohibited
Notwithstanding section 607, no structural alteration except as required by statute or by-law shall be made in a building or structure while a non-conforming use thereof is continued or while the building or structure or site thereof does not conform to all provisions of an applicable zoning by-law, unless permitted by an exception in the by-law or a variance granted under section 625.
Change to other non-conforming use
Where the existing use of a building, structure or land does not conform to an applicable zoning by-law, the use may not be changed to another non-conforming use unless permitted by an exception in the by-law or a variance granted under section 625.
Non-conforming building damaged
If a building or structure that does not conform to the provisions of a zoning by-law is destroyed from any cause, or damaged to an extent that, in the opinion of the council, is equal to 50% of the cost of replacement or repair, or is equal to such greater percentage as may be specified in the by-law, the building or structure shall not be repaired or rebuilt except in conformity with the provisions of the by-law or any variance granted under section 625.
Discontinuance of non-conforming use
If the use of land, building or structure for a non-conforming purpose is discontinued, or if the land, building or structure is not occupied for more than twelve consecutive months, it shall not be used except in conformity with the zoning by-law.
A change of tenants or occupants of any land, building or structure shall not of itself be deemed to affect the use of the land, building or structure for the purposes of this section.
Notwithstanding any other provision in this Act the council may cause a permit for the construction of any building or structure or the use of the land to be withheld for a period of 60 days from the date of the application for the permit.
Within the period provided in subsection (1), the council shall consider the application for the permit and may
(a) reject the application if it is of the opinion that the proposed building, structure or use of land would not conform with the provisions of The Winnipeg Development Plan, a community plan, an action area plan or an amendment, alteration or replacement of any one or more of them that are in effect; or
(b) withhold the permit for a further 90 days if it is of the opinion that the proposed building, structure or use of land would not conform to the provisions of The Winnipeg Development Plan, a community plan, an action area plan, or an amendment, alteration or replacement of any one or more of them that are not in effect but had been authorized by the council to be prepared for approval under this Act at the time the application for the permit was made; or
(c) in a case where the permit is being withheld under clause (b), further withhold the permit for a period ending 35 clear days after receiving the minister's decision under
(i) subsection 576(3), or
(ii) subsection 584(1), (5), (6), (7), (8) or (10), or
(iii) section 586, or
(iv) for the purpose of subsection 589(11), subsection 584(1), (5), (6), (7), (8) or (10), if the council is of the opinion that the proposed building, structure or use of land would not conform to the provisions of The Winnipeg Development Plan, a community plan or action area plan, or an amendment, alteration or replacement thereof, which is not in effect but which the council has forwarded to the minister under this Part at the time the application for the permit was made, or within the lime referred to in clause (b).
Subsection (2) applies, with such modifications as the circumstances require, where at the time the application for the permit was made, the designated committee had recommended the enactment of a zoning by-law, and a referral of that recommendation under subsection 614(2) was being prepared or had been carried out.
Where the council enacts the zoning by-law, or one or more of the plans, amendments, alterations or replacements thereof comes into effect, within the periods referred to in subsection (2), the permit applied for may be refused, but where the council does not enact the zoning by-law, or none of the plans, amendments, alterations or replacements thereof comes into effect within those periods, the permit applied for shall not be further withheld, and the owner of the land in respect of which the permit was withheld under clause (2)(b) or (c) is entitled to compensation for the damages necessarily resulting from the withholding of that permit, and subsections 609(2), (3) and (4) apply with such modifications as the circumstances require.
Acquiring non-conforming building
The council may acquire by expropriation or private purchase any land, building or structure used or erected for a purpose which does not conform to a zoning by-law and any vacant land having a frontage or depth less than the minimum prescribed for the erection of a building or structure in the defined area in which such land is situate, and the council may dispose of any such land, building or structure or may exchange any of such land for other land within the city or the additional zone.
An application for the enactment of a zoning by-law shall be made by the owner of the land, building or structure or by a person authorized in writing by him, and shall be in such form, and accompanied by such supporting material and the payment of such fee as the council considers advisable.
Referral of application or recommendation
When an application in the required form and with the required supporting material is received by the city, or when the designated commissioner has recommended the enactment of a zoning by-law by the city, the designated commissioner shall refer the application or recommendation to the community committee for the community in which the land referred to in the application is located if the land is in the city, and to the council of the municipality if it is located in the additional zone, and public notice shall be given,
(a) that on a day and at a time and place stated in the notice, a meeting will be held to receive representations from any person who wishes to make them in respect of the proposed zoning changes; and
(b) stating that a copy of the application and supporting material and a statement of the proposed zoning changes may be inspected at times and in a place or places specified in the notice.
Where the designated commissioner is of the opinion that the zoning by-law applied for would not conform to The Winnipeg Development Plan, a relevant community plan or an action area plan, the commissioner shall refer the application to the designated committee and if that committee is of the same opinion, the application shall no( be referred to the community committee or to the council of the municipality if the land affected is in the additional zone unless and until the council has given first reading to a by-law to amend the plan to remove the non-conformity.
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 before 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.
Documents available for inspection
The clerk shall make available for inspection a copy of the application and supporting material and a statement of the proposed zoning changes at the place or places and during the times stated in the notice.
Contents of notice, and publication
The notice referred to in subsection (2) shall contain a concise statement of the zoning changes to be considered, a description of the land to which the zoning changes to be considered will apply if enacted, which description may be by reference to a proposed plan of subdivision referred to in subsection 642(10), and a map clearly designating the area with respect to which the zoning change will apply, and the designated commissioner may include alternate changes to (hose applied for, and the no(ice shall be given
(a) by publishing a copy thereof, wherever possible, in a publication having a general circulation in the community with respect to which the zoning change will apply and where that publication is made publish a copy thereof in one other newspaper having a general circulation in the city, otherwise by publishing a copy thereof in two newspapers having a general circulation in the city, and in all events, at least 10 days before the meeting;
(b) by posting a copy of the notice on or near to the land, building or structure to which the proposed zoning by-laws will apply for at least two weeks before the meeting;
(c) in any other manner the council considers advisable, which may include mailing notices to
(i) the applicant, if any;
(ii) subject to subsection (7), the owners of any land as shown on the assessment rolls of the city, or, if the land is in the additional zone, the assessment rolls of the relevant municipality as of the date of the compilation of a mailing list from those rolls for the purpose of mailing notices;
(iii) any other organization that has filed a written request for a notice with the designated commissioner in the calendar year in which the meeting is to be held;
(iv) "the occupant" of rental dwelling units, the address of which is ascertained and compiled in a mailing list by such reasonable means as council determines, and the mailing of those notices to those addresses on that list shall be deemed to be sufficient notice and in full compliance with this clause; and
(v) any other person or organization that the council considers advisable.
Notwithstanding any errors or omissions in the mailing list to which reference is made in sub-clauses (6)(c)(ii) and (iv), the mailing of notices to the addresses shown on that list shall be deemed sufficient notice within the meaning of those sub-clauses.
Where a proposed zoning change applies to the whole of one or more communities, or the whole of one or more zoning districts within one or more communities, the notice referred to in subsection (2) shall state the community or communities and the zoning districts to which the proposed zoning changes will apply and shall include a concise statement of the zoning changes to be considered and a map illustrating by named street or other identifying boundaries the general area within which the land affected is located and shall be given
(a) by publishing a copy thereof wherever possible in a publication having a general circulation in the community with respect to which the zoning change will apply and where that publication is made publish a copy thereof in one other newspaper having a general circulation in the city, otherwise publish a copy thereof in two newspapers having a general circulation in the city, and in all events in each of two successive weeks before the meeting;
(b) by mailing notices to the council of any municipality which is within 500 feet, or such greater distance as the council considers advisable, of the land with respect to which an application is made; and
(c) by mailing notices to any other person or organization that the council considers advisable.
Evidence that a copy of the notice was posted on one occasion during the period referred to in subsection (6), shall be deemed to be proof that a copy of the notice was posted at all material times.
Meeting to hear representations
On the day and at the time and place stated in the notice referred to in section 614, a meeting shall be held to receive representations from any person who wishes to make them in respect of the application or the alternative zoning changes.
Land in two or more communities
Where the land, building or structure to which the proposed zoning by-law applies is located within one community, the meeting referred to in subsection (1), shall be conducted by the community committee for that community, and if it is located in two or more communities, the meeting shall be conducted by the community committee designated by the designated committee, to conduct it, but where a zoning by-law is proposed to establish or amend zoning provisions without establishing or changing the zoning classifications of land and will apply in more than one community area, the meeting may, at the discretion of the council, be conducted by the designated committee.
The community committee may receive all representations on the same day, or if thought advisable, adjourn from time to time until all representations are received; and if the meeting is adjourned, it may subsequently sit and receive the representations at such time and place as it may decide.
After an adjournment and before the conclusion of a meeting held under subsection (1), the meeting may be continued for the purpose of receiving representations in respect of the following:
(a) land additional to the land of which notice was given under subsection 614(2);
(b) a classification of land use not disclosed in the notice referred to in subsection 614(2).
Before the adjourned meeting referred to in subsection (4) is continued, notice shall be given in accordance with the provisions of subsections 614(2), (5) and (6), with such modifications as the circumstances require.
The community committee shall cause to be made a record of the meeting referred to in section 615 by any means the council considers appropriate.
May require record to be transcribed
The designated committee may require the record referred to in subsection (1) to be transcribed or, if no such requirement is made, any person who appeared at the meeting may require it to be transcribed at such fee as the council considers to be reasonable.
Person who appeared may hear record
If the record referred to in subsection (1), is an audio recording and is made by a city employee or the community committee, any person who appeared at the meeting shall be permitted to listen to the recording at any reasonable time until the expiry of three months following the enactment of the zoning by-law considered at the meeting.
A report summarizing the representations and submissions made at the meeting and staling the community committee's recommendations with supporting reasons shall be prepared and forwarded by the committee clerk within 30 days following the completion of the meeting.
Report to designated committee
The community committee's report shall be forwarded within 30 days following the meeting to the designated committee and made available for inspection by any person who appeared at the meeting.
Failure to report within 30 days
If the community committee fails to report to the committee on environment within 30 days following the meeting, the community committee shall be deemed to have made a report with no recommendations.
Where the land referred to in a proposed zoning by-law is located in whole or in part in the additional zone, the council of the municipality shall conduct the meeting referred to in section 615, and sections 615 to 617 apply with such modifications as the circumstances require and every reference in those sections and sections 619 and 620 to a community committee shall be read as a reference to the council of the municipality.
After it receives the report of the community committee, or after the community committee is deemed to have made a report under subsection 617(3), the designated committee shall consider the report of the community committee and shall
(a) forward the report with the designated committee's recommendation thereon to council;
(b) forward a copy of the report with the designated committee's recommendations thereon by mail to all persons who submitted oral or written representations to or at the meeting referred to in subsection 615(1), which recommendations shall include the reasons for recommendations, if any, differing from those of the community committee;
(c) where a written representation was received at the meeting held by the community committee by mail or other means, without the appearance of the person making the written representation, mail a copy of the report to any single address set out thereon for the receipt of the report, if any, or to any single address given on the filing of the representation, or in the absence of any single address to any one or more of the addresses set out thereon, and in the absence of any legible address, no report need be forwarded by mail or otherwise under this clause; and
(d) forward with the copies of the report referred to under clause (b) or (c), notice of the date, time and place when and where the matter is expected to be considered by council under subsection 620(4).
The city shall maintain a record of
(a) the names and addresses of all persons who appear at or make representations to meetings held under subsection 615(1); and
(b) all reports and recommendations forwarded or mailed to those persons under subsection (1).
Notwithstanding subsection 619(1), council may direct that all reports and recommendations referred to in that subsection be referred to the executive policy committee to be dealt with in accordance with subsections (2) and (3).
Where council has made a direction under subsection (1), the executive policy committee shall
(a) consider the report of the community committee or, if the land affected is in the additional zone, the report of the council of the municipality and the designated committee's recommendations or report; and
(b) forward its recommendations thereon to the council.
If the executive policy committee does not accept the recommendations of the designated committee or accepts them in part only, written reasons shall be prepared and sent by registered mail by the executive policy committee to those persons referred to in section 619.
Subject to section 621, the council shall consider the recommendation of the executive policy committee made under subsection (2) and may
(a) accept, reject or modify the recommendation and may pass one or more zoning by-laws with respect to the recommendation; or
(b) forward the proposed zoning change to The Municipal Board for its report and recommendations; or
(c) refer the recommendation to a committee for a further meeting or consideration on such terms as the council shall establish.
Limit on amendment to zoning by-law
Where the council amends, drafts, or redrafts the zoning by-law under clause (4)(a) the by-law shall not
(a) be applied to land that is not described in the notice given under subsection 614(6) or where the land is described in the notice by reference to the proposed plan of subdivision referred to in subsection 642(10) to land not substantially the same as that land so described; or
(b) zone land into a classification of land use that is not disclosed by the notice given under subsection 614(6); unless the by-law
(c) results from a meeting held under subsection 615(4) to consider that additional land or classification of land use or both; or
(d) results from an order of The Municipal Board made under subsection 95(1) of The Municipal Board Act if the order affects the by-law.
An order of The Municipal Board made pursuant to an application under subsection 95(1) of The Municipal Board Act may require the amendment of the zoning by-law after such notice and hearing as The Municipal Board considers proper to co-ordinate the zoning by-law with a new plan of subdivision in cases where the Registrar General has imposed a requirement affecting the new plan of subdivision where if, in the opinion of The Municipal Board, the amendment does not constitute a significant change.
Where the council receives the recommendation of the committee under subsection 620(2), subject to subsection 580(1), the council shall
(a) cause a notice to be prepared of the time and place when it will consider the zoning change and the recommendation thereon; and
(b) forward a copy thereof by registered mail to those persons referred to in section 619.
Notice of hearing by Municipal Board
Where under clause 620(4)(b) the council refers an application for a zoning change to The Municipal Board, The Municipal Board shall
(a) fix a date, time and place for a hearing;
(b) give not less than 14 days notice in writing to all those who appeared and made representation or who appeared and filed representation at the meeting held under subsection 615(1) and to the city and such notice as it considers adequate to any other person that it considers should receive notice thereof;
(c) on the date and at the time and place stated in the notice sit and hear any person who appears and desires to give evidence or make representations, on the person's own behalf or on behalf of another person, in the matter; and
(d) submit its report and recommendations to the council.
Where an application for zoning change is referred to The Municipal Board under clause 620(4)(b) any person authorized by the council for that purpose may appear before The Municipal Board at hearings concerning the application for zoning change, and has the rights of a party thereto to submit evidence and present argument.
On receipt of the report and recommendation from The Municipal Board the council may, subject to subsection 620(5) amend, draft, or redraft the application for zoning change and may pass a zoning by-law.
No by-law of the city cancels, rescinds, or affects the rights of any person to enforce any restriction, interest, or covenant, notice of which is given by a building restriction caveat affecting any land in the city or the additional zone or the use of that land, and registered against that land in the Winnipeg Land Titles Office.
No permit shall be issued by the city for the construction or alteration of a building or structure on land that is within an area designated as a designated area under The Rivers and Streams Act, unless and until The Winnipeg Rivers and Streams Authority of Winnipeg has approved of the construction or alteration in the manner prescribed in The Rivers and Streams Act.
Subject to subsection (2), any person who deems that a zoning by-law injuriously or unnecessarily affects him or his property or his rights may, at any time apply for an order altering the application of the by-law to him, his property, or his rights.
The application shall be made in such form and accompanied by such supporting material and the payment of such fee as the council considers advisable; it shall be considered by the designated committee which may refer the application to the community committee, for the community in which the land affected by the application is located or the designated committee may determine that the application is beyond the jurisdiction of the community committee under this section and refuse it.
Delegation by designated committee
The designated committee may delegate to the designated commissioner its power to refer the application to the community committee as set out in subsection (2) thereof, but it may not delegate its power to determine that the application is beyond the jurisdiction of the community committee under this section nor to refuse the application.
Where an application is referred to a community committee, it may make an order under subsection (1) if in its opinion
(a) the zoning by-law affects the applicant, his property or rights injuriously and unnecessarily;
(b) a variance in the zoning by-law can be made by that order without defeating the intent and purpose of The Winnipeg Development Plan, the zoning by-law and any relevant provision of a community plan or an action area plan;
(c) the amenity or convenience of adjoining land and of the adjacent area will not suffer any substantial adverse effect by the order; and
(d) the variance granted is the minimum variance in the zoning by-law that is necessary to relieve against the injurious and unnecessary effect of the zoning by-law on the applicant, his property or his rights.
Subject to subsection (2), on receipt of an application under subsection (2), the community committee shall,
(a) notify the applicant of the day on which, and the time and place at which it will hear the application;
(b) by posting a notice describing the variance applied for and stating the time and place at which the community committee shall hear the application, on or near to the land, building or structure for which the variance is applied for at least two weeks before the meeting; and
(c) give such other notice in any other manner that the council considers advisable.
On the day and at the time and place stated in the notice, the community committee shall conduct a meeting to receive the representations of the applicant and every other person, including any person authorized by the council for the purpose, who desires to make representations, either on the person's own behalf or on behalf of another person.
On completion of the meeting, the community committee shall consider the representations and evidence and shall make an order stating,
(a) that the application is rejected; or
(b) that the applicant has in the opinion of the community committee established that the zoning by-law injuriously and unnecessarily affects him, his property or his rights and that the conditions set out in clauses (3)(b), (c) and (d) are met or are dealt with by the conditions to which the order is made subject, and that
(i) the by-law is varied as stated in the order, or
(ii) the by-law is varied as stated in the order subject to such stated conditions as the community committee considers necessary or desirable to maintain the intent and purpose of The Greater Winnipeg Development Plan, the zoning by-law and any relevant provision of a community plan or action area plan and to protect the amenity and convenience of adjoining land and of the adjacent area.
Application under subsection (1)
An application under subsection (1) may be made in respect of a proposed zoning by-law under section 614, and the representations referred to in subsection (6) may be received at the same meeting called to consider the proposed zoning by-law, and an order under subsection (7) of this section may be made affecting that zoning by-law on its enactment.
The order of the community committee on an application under this section shall be made by the vote of a majority of the members of that community committee who conducted a meeting referred to in subsection (6), certified by the signature of the clerk of the committee but in the event of a tie vote, the order shall be made rejecting the application.
The community committee shall send by registered mail a copy of its order to the applicant and any person who made representations or gave evidence loans the meeting.
Appeal to designated committee
The applicant or any person who made representations at the meeting referred to in subsection (6), may appeal to the designated committee against an order made by the community committee by sending a notice of appeal by registered mail to the designated committee within 14 days after the sending of the copies of the order referred to in subsection (10).
If within 14 days no notice of appeal is given, the decision of the community committee is final and binding on the city and all persons.
On an appeal under subsection (11) to the designated committee, it shall conduct a meeting to consider the appeal, of which notice shall be sent by registered mail to the persons to whom copies of the order referred to in subsection (10) were sent and to the community committee which conducted the meeting referred to in subsection (6).
The committee that hears the appeal under subsection (13) may dismiss the appeal and may make any order that the community committee could have made on the original application, but in the event of a tie vote, the order shall be made dismissing the appeal.
The committee that hears the appeal under subsection (13) shall send by registered mail a copy of its order to the appellant, the applicant and any person who made representations at the meeting.
The decision made under subsection (14) by the committee that hears the appeal under subsection (13) is final and binding on the city and all persons.
Where land within additional zone
Where an application is made under subsection (1) in respect of land within the additional zone, any reference made under subsection (2) of the application shall be made to the council of the municipality in which the land is situated rather than to a community committee and subsections (2) to (16) apply in respect thereof with such modifications as the circumstances require but any reference therein to a community committee shall be deemed to be a reference to the council of the municipality.
Commissioner may grant variances
The council may authorize the designated commissioner, in his discretion, to grant variances on the dimensions of any required front, rear, or sideyard dimension; but the commissioner shall have regard to the Winnipeg development plan, the zoning by-law and any relevant provision of a community plan and action area plan.
Notification where variance granted
Where the council authorizes the designated commissioner to grant variances under subsection (1), the commissioner shall, forthwith after granting a variance, send by registered mail, to the owners of the adjoining parcels of land as shown on the latest revised assessment roll for the city, a notice
(a) stating the variance granted;
(b) describing the land with respect to which the variance was granted; and
(c) notifying the owners of their right to appeal the decision to the designated committee.
Appeal from decision of commissioner
A person served with a notice under subsection (2) may appeal to the designated committee against an order made by the designated commissioner, by sending a notice of appeal, by registered mail, to the designated committee, within seven days after the sending of the notice mentioned in subsection (2).
Where, within seven days, no notice of appeal is given, the order of the designated commissioner is final and binding on the city and all persons.
Subsections 625(13), (14) and (15) apply with such modifications as the circumstances require to an appeal under this section.
Application for conditional use
Where a zoning by-law provides for a conditional use, any application for approval of a conditional use shall be made by the owner of the land, building or structure or by a person authorized in writing by him and shall be in such form and accompanied by such material and payment of such fee as the council considers advisable.
The application shall be referred to the community committee for the community in which the land affected is located, and that community committee shall, on receipt of the application,
(a) notify the applicant of the day on which and the time and place at which it will hear the application;
(b) publish a notice describing the conditional use applied for at least 10 days before the meeting in two newspapers having a general circulation in the city stating the day on which and the time and place at which it will hear the application and stating briefly the nature thereof; and
(c) give such other notice in any other manner that the council considers advisable.
On the day and at the time and place stated in the notice, the community committee shall conduct a meeting to receive representations of the applicant and every other person including any person authorized by the council for the purpose, who desires to make representations either on his own behalf or on behalf of another.
On completion of the meeting, the community committee shall consider the representations and evidence and shall make an order
(a) rejecting the application; or
(b) granting the application; or
(c) granting the application subject to any conditions or restrictions the community committee considers necessary or desirable or which are required by the zoning by-law which provides for the conditional use.
The order of the community committee on an application under this section shall be made by the vole of a majority of the members of that community committee who conducted the meeting referred to in subsection (3) certified by the signature of the clerk of the community committee but in the event of a tie vote, the order shall be made rejecting the application.
The order of the community committee shall be subject to the provisions of subsections 625(10) to (16), with such modifications as the circumstances require.
Meeting may consider applications
An application under subsection (1) may be made in respect of a proposed zoning by-law under section 614, and the representations referred to in subsection (3) may be received, at the same meeting called to consider the proposed zoning by-law, and an order under subsection (4) may be made affecting that zoning by-law on its enactment.
Where an application is made under subsection (1) in respect of land within the additional zone, the reference of the application under subsection (2) shall be made to the council of the municipality in which the land is situated and subsections (2) to (7) apply in respect thereof with such modifications as the circumstances require but any reference therein to a community committee shall be deemed to be a reference to the council of the municipality.
DEVELOPMENT CONTROL
Terminology
628
In this Part.
"development control area designation map" is a map or maps on which are identified the development control area or areas designated by the council from time to time; («carte de désignation des secteurs de gestion de l'aménagement»)
"development control area designation by-law" has the meaning assigned to it by section 631. («arrêté portant désignation des secteurs de gestion de l'aménagement»)
Meaning of "development" and "use"
For the purposes of section 628 to section 641, unless the context otherwise requires,
"development" means the carrying out of construction, building engineering, mining or other operations in, on, over, or under land, or the making of any material change in the use of any building, structure or other land; and («mise en valeur»)
"use" in relation to land, does not include the use of land for the carrying out of any building or other operations thereon. («usage»)
Subject to the provisions of a by-law enacted under section 636, the following operations or uses of land, buildings or structures shall be deemed not to involve development:
(a) the carrying out of an operation for the maintenance or improvement of any building or structure, its exterior colour or decoration;
(b) the carrying out by the city of any operation for the maintenance or improvement of a public work including the inspection, repair or renewal thereof;
(c) the carrying out by a utility of any operation for the purpose of inspecting, repairing or renewing any main, pipe, cable, power lines, poles, or other conduit;
(d) the use of any building or structure on a parcel of land for any purpose normally incidental to the use of the principal building for the purpose of a dwelling or dwellings;
(e) the use of any land for the purpose of agriculture and the use for that purpose of any building or structure occupied together with the land so used;
(f) the use of any land for the purpose of growing thereon trees, bushes, plants and other vegetation;
(g) a change in the purpose for which land, a building, or a structure is used, from one purpose to another within the same class specified in a by-law enacted under section 636;
(h) a change in the tenure or ownership of any land, building or structure.
For the avoidance of doubt it is hereby declared that the following are deemed to involve a material change of use:
(a) the use as two or more separate dwellings of any building previously used as a single dwelling;
(b) the deposit of refuse or waste on land notwithstanding the land is comprised in a site already used for that purpose if either the superficial area of the deposit is thereby extended, or the height of the deposit is thereby extended and exceeds the level of the land adjoining the site.
Development of land, a building or a structure shall be deemed to be initiated
(a) if the development consists of the carrying out of operations, at the time when those operations are begun;
(b) if the development consists of a change in use, at the time when the new use is instituted; and
(c) if the development consists of both the carrying out of operations and of a change in use, loans the earlier of the limes mentioned in clauses (a) and (b).
Operations deemed "development"
Without restricting the generality of the definition of "development" in subsection 629(1), the following operations or uses shall be deemed to be development:
(a) a change from one class of use to another designated in a by-law enacted under section 636;
(b) a reconstruction or an alteration of the size of a building or structure;
(c) a change in the intensity of the use of land, a building or a structure, including an increase in the number of businesses, manufacturing establishments, offices, or dwelling units on land, or in a building, or in a structure;
(d) the commencement of mining, or excavation on land;
(e) the commencement of a pit or quarry on land;
(f) the demolition of a building or a structure;
(g) the removal of trees from land;
(h) the deposit of refuse, fill, solid or liquid waste on land except where it is not deemed to involve a material change in the use of the land under subsection 629(3);
(i) the location or change of location of an advertising structure on land and the location or change of location of an advertising sign or notice on the external walls or roof of a building or a structure;
(j) the alteration of a shore, bank or flood plain of a river, stream, or pond;
(k) departure from the normal use for which development permission was granted;
(l) failure to comply with any condition subject to which development permission was granted.
The council may enact by-laws to designate an area or areas in the city to be an area or areas of development control, but it or they must be located in a community with respect to which there is an approved community plan under this Part.
A by-law passed under subsection (1) or an amendment or repeal of such a by-law is referred to in this Act as a "development control area designation by-law".
A development control area designation by-law may establish, alter, or repeal the development control area designation map or any provision thereof.
Section 590 to 597 apply with such modifications as the circumstances require to the enactment of a development control area designation by-law.
Subject to the provisions of this section, when an area has been designated as a development control area,
(a) development permission is required for the carrying out of any development of land;
(b) within that area, all zoning by-laws, so far as they are applicable to that area, cease to have force and effect; and
(c) development permission shall be obtained before the commencement of development of land within that area.
Effect of by-law on agreements
Notwithstanding the designation of an area as a development control area, agreements made as a condition of the enactment of a zoning by-law under section 605 continue in force and effect.
The power to grant development permission includes the power to grant such permission for the retention on land of a building or a structure, constructed or erected, or a use of land, a building, or a structure established without development permission having been granted, or in breach of a condition subject to which development permission was granted.
No grant of development permission cancels, rescinds, or affects the right of any person to enforce any restriction, interest, or covenant, notice of which is given by a building restriction caveat affecting any land or the use of that land, and registered against that land in the Winnipeg Land Titles Office.
Temporary use when area designated
Where land, a building or a structure, was being used temporarily for a purpose other than the purpose for which it was normally used when a development control area was designated, development permission is not required for the resumption of the use of the land, building or structure for the last-mentioned purpose, if immediately before the designation of the area such use was lawful.
Unoccupied land, building, structure
Where land, a building or a structure was unoccupied when a development control area was designated, development permission is not required in respect of the resumption of the use of the land, building or structure for the purpose for which it was last used before the designation of the area, if immediately before that time the use could have been lawfully resumed.
Where development permission deemed
Where a building or structure, or the use of land, a building or a structure was lawfully in existence at the date of the enactment of a zoning by-law and would continue to exist notwithstanding that it did not conform to the by-law, development permission is deemed to have been granted in respect of it, if the building or structure or use of land, a building, or a structure continued to be lawfully in existence until immediately before the designation of the area in which it is located, as a development control area.
Where development permission has been granted for a limited period, development permission is not required for the resumption at the end of that period, of the use of the land, building or structure, for the purpose for which it was normally used before the first-mentioned permission was granted, if that use was lawful.
Where development prohibited by this section has occurred, development permission is not required for the use of the land, building or structure for the purpose for which it could lawfully have been used if the unlawful development had not been carried out.
A use of land, a building or a structure, or a building or structure which did not conform to a zoning by-law immediately before the development control area was designated and which was illegal, continues to be illegal, notwithstanding the designation of the development control area.
By-law deeming development permission
The council may enact by-laws applicable to a development control area or areas or to provide that development permission for development of any class specified in the by-law is deemed to be granted for the purposes of section 633.
Scope of development permission
The council may grant development permission for a temporary period or indefinitely, and either conditionally or unconditionally.
Temporary development permission
If development permission is granted for a temporary period, on the expiry of that period the permission ceases for all purposes.
Conditions to development permission
Notwithstanding subsection (1), conditions subject to which development permission is granted may be concerned only with,
(a) the use of the land, building, or structure in respect of which the application is made;
(b) the liming of the development;
(c) the siting and design including exterior materials of the proposed building or structure;
(d) traffic control and the provision of parking on the land in respect of which the application is made;
(e) landscaping, the provisions of open space, and the grading of the land in respect of which the application is made;
(f) the construction by or at the expense, in whole or in part of the owner, of a system, works, plant, pipeline, or equipment for the transmission, delivery, or furnishing of electricity and water and the collection and disposal of sewage, or any one or more of them;
(g) the payment of a sum of money to the city in lieu of the requirement wider clause (f) to be used by the city for any of the objects referred to in clause ((); or
(h) any one or more of them, provided that an agreement dealing with any of the matters referred to in clauses (f) and (g) shall be in accordance with a by-law passed under section 643.
Development permission may be granted on condition that the owner of the land, building, or structure enter into an agreement with the city dealing with all or any of the matters in respect of which conditions may be imposed under subsection (3).
Subsections 605(2) and (4) apply to agreement referred to in subsection (4).
In exercising the power delegated by subsection 637(1) the council shall have regard to any material consideration and shall conform to, the Winnipeg development plan, the provisions of the community plan, and the relevant provisions of the action area plan, if any, for the area in which the land, building or structure in respect of which the application for development permission is made, is located.
Applying for development permission
An application for development permission shall be made by the owner of land, a building, or a structure, or by a person authorized in writing by him, and shall be in such form and accompanied by such supporting material and the payment of such fee as the council considers advisable.
Subsections 614(2) to (9) and sections 615 to 620, 622 and 624, apply with such modifications as the circumstances require to an application for and the grant of development permission.
If the owner of land, or a person authorized in writing by the owner, proposes to carry out any operations on land, or to make any change in the use of land, building or structure, wishes to have it determined whether the carrying out of those operations, or the making of that change, would constitute or involve development and, if so, whether an application for development permission in respect thereof is required, having regard to the provisions of this Part or a by-law passed under section 636. the owner may, either as part of an application for development permission, or without such application, apply to the council to determine that question.
An application under subsection (1) shall be in such form and accompanied by such supporting material and the payment of such fee as the council considers advisable.
Subsections 614(2) to (9) and sections 615 to 620, 622 and 624 apply with such modifications as the circumstances require to an application for and the grant of relief under subsection (1).
Amendment of development permission
The council may amend a development permission which has been granted or any condition attached to it, and sections 637 and 638 apply with such modifications as the circumstances require to an application for an amendment, and to an amendment.
Revocation of development permission
The council may revoke development permission which has been granted and is in force and effect for a building or structure; provided that at the time of such revocation a permit for the construction of the building or structure had not been issued.
Where the council acts under subsection (1), subsections 609(2) to (4) apply with such modifications as the circumstances require.
SUBDIVISION CONTROL
No person shall convey land in the city or in the additional zone by way of deed, transfer, or grant, or assign land in the city or in the additional zone, or enter into an agreement of sale and purchase of land in the city or in the additional zone, or lease or enter into any agreement that has the effect of granting the use of or right in land in the city or in the additional zone, directly or by entitlement to renewal for a period of 21 years or more unless
(a) the land is described in accordance with and is within a plan of subdivision prepared in accordance with and registered under The Real Property Act;
(b) the smallest resulting parcel of land, including the residual parcel, is at least a quarter section, a parish lot or settlement lot;
(c) the land referred to in the deed, transfer, grant, assignment, agreement of sale and purchase, lease or agreement comprises the entire parcel described in the certificate of title issued under The Real Property Act to the grantor, transferor, assignor, vendor, lessor or grantor of a use of or right in the land, as the case may be;
(d) the land or any use of or right therein is being acquired or disposed of by Her Majesty in right of Canada or Her Majesty in right of Manitoba, by an agent of Her Majesty in right of Canada or Her Majesty in right of Manitoba, by the city, or by a municipality within the additional zone; or
(e) a consent is given to convey or lease the land or enter into an agreement with respect to the land under this section.
Where land in the city or in the additional zone is within a plan of subdivision registered before or after the coming into force of this section, no person shall convey a part of any lot or block of the land by way of a deed or transfer, or grant or assign a part of any lot or block of the land, or enter into an agreement of sale and purchase of a part of any lot or block of the land, or lease or enter into an agreement that has the effect of granting the use of or right in a part of any lot or block of the land directly or by entitlement to renewal for a period of 21 years or more, unless
(a) the land referred to in the transfer, grant, assignment, agreement of sale and purchase, lease or agreement, comprises the entire parcel described in a certificate of title issued under The Real Property Act to the grantor, transferor, assignor, lessor or vendor, or grantor of a use or right in the land, as the case may be;
(b) the land or any use of or right therein, is being acquired or disposed of by Her Majesty in right of Canada or Her Majesty in right of Manitoba, by an agent of Her Majesty in right of Canada or Her Majesty in right of Manitoba, by the city, or by a municipality within the additional zone; or
(c) a consent is given to convey the land, or grant or assign the land, or lease the land, or enter into an agreement with respect to the land, under this section.
The prohibitions set out in subsections (1) and (2) do not apply to
(a) a lease of land consisting only of floor space within a building; or
(b) an easement or agreement for a right of way for any well, sewer, water, natural gas, power or telephone distribution or transmission line, where the easement or agreement or a plan of the right-of-way is accompanied at the time of its presentation for registration by a statutory declaration of the person who secured the right-of-way declaring that the right-of-way in respect of which registration is sought was secured for the purpose of a distribution or transmission line to consumers or users of the service for which the right-of-way was secured; or
(c) easements or rights-of-way granted to the tenants of multiple tenancy buildings in respect of elements thereof, including land, for the common use of the tenants; or
(d) easements or rights-of-way exempted by resolution of the council, which easements or rights-of-way may be described generally as a class or by reference to an area or areas within the city or the additional zone.
A plan prepared and filed in the Land Titles Office under section 127 of The Real Property Act after this section comes into operation, is not a registered plan of subdivision within the meaning of this section.
The council may by by-law declare any plan of subdivision, or part thereof, of land within the city or the additional zone, that has been registered for eight years or more, not to be a registered plan of subdivision for the purposes of subsection (1).
A by-law under subsection (5) is not effective until the requirements of subsections (7) and (8) have been complied with.
Copy of by-law to be registered
A certified copy or duplicate of every by-law passed under subsection (5) shall be registered in the Land Titles Office.
Notice by registered mail of the passing of a by-law under subsection (5) shall be sent to each person appearing by the assessment roll of the city, or the relevant municipality where the land is located in the additional zone, as the case may be, to be the owner of the land to which the by-law applies, to the address shown on the assessment roll.
Agreement contravening control
An agreement, unregistered conveyance, transfer, or lease, in contravention of subsections (1) or (2) or a predecessor thereof does not create or convey any interest in land, but this subsection does not affect an agreement entered into subject to the express condition contained therein that such agreement is to be effective only if the provisions of subsections (1) or (2) are complied with.
When land is to be subdivided for the purpose of being sold, conveyed or leased in lots by reference to a registered plan of subdivision, the owner of the land or someone authorized by him in writing shall forward to the city at least 16 copies of a plan thereof drawn to scale not less than one inch equals 200 feet, and in such form together with an application in such form, and the payment of such fee as the council considers advisable.
Thee application shall disclose
(a) the purpose for which the lots are to be used;
(b) the nature of the existing uses of adjoining land;
(c) the approximate dimensions and lay-outs of the proposed lots; and
(d) natural and artificial features such as buildings, railways, highways, watercourses and drainage ditches within or adjacent to the land proposed to be subdivided.
The application shall be supported by such other relevant information as may reasonably be required by the designated commissioner.
When an application for approval of a plan of subdivision is received, the designated commissioner shall refer it to the community committee for the community in which the land is located if the land is in the city, or to the council of the municipality if the land is in the additional zone, and public notice shall be given
(a) that on a day and at a time and place stated in the notice, a meeting will be held to receive representations from any person in respect of the plan of subdivision; and
(b) stating that a copy of the application and plan of subdivision may be inspected at times and in a place or places specified in the notice.
Notwithstanding subsection (13), if the designated commissioner is of the opinion that the plan of subdivision does not conform to the Winnipeg development plan, a relevant community plan, action area plan or zoning by-law, the application for approval shall not be referred to the community committee or the council of the municipality until an application is received to amend the plan, or by-law to remove the non-conformity and the council gives first reading to the by-law required to amend the plan.
The clerk shall make available for inspection a copy of the application referred to in subsection (13) and the plan of subdivision at the place or places and during the times stated in the notice.
The notice referred to in subsection (13) shall contain a description of the land to which the draft plan of subdivision applies, and shall be given
(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 two newspapers having a general circulation in the city;
(b) by posting a copy of the notice on the land to which the draft plan of subdivision applies for at least two weeks before the meeting;
(c) in any other manner the council considers advisable, which may include mailing notices to
(i) the applicant, if any,
(ii) subject to subsection (17), the owners of any land as shown on the assessment rolls of the city, or, if the land is in the additional zone, the assessment rolls of the relevant municipality as of the date of the compilation of a mailing list from those rolls for the purpose of mailing notices, (iii) any other organization that has filed a written request for a notice with the designated commissioner in the calendar year in which the meeting is to be held, (iv) "the occupant" of rental dwelling units, the address of which is ascertained and compiled in a mailing list by such reasonable means as council determines, and the mailing of those notices to those addresses on that list shall be deemed to be sufficient notice and in full compliance with this clause, and
(v) any other person or organization that the council considers advisable.
Notwithstanding any errors or omissions in the mailing list to which reference is made in sub-clauses (16)(c)(ii) and (iv) the mailing of notices to the addresses shown on that list is sufficient notice within the meaning of those sub-clauses.
Evidence that a copy of the notice was posted on one occasion during the period referred to in clause (16)(b) shall be deemed to be proof that a copy of the notice was posted at all material limes.
On the day and at the time and place stated in the notice referred to in subsection (13), a meeting shall be held to receive representations from any person in respect of the application or the plan of subdivision, and subsections 615(2), (3), (4) and (5), sections 616 to 619 and subsections 620(1) to (4) and section 621 apply with such modifications as the circumstances require.
Matters to be considered at meeting
There may be considered at the meeting referred to in subsection (19) both an application for approval of a plan of subdivision and an application for a proposed zoning change, and consideration of the proposed zoning change may be deferred to an adjourned date of the meeting and, after notice has been given under subsection (13), public notice shall be given under section 614, the provisions of which section shall apply with such modifications as the circumstances require and, where applicable, under section 615.
Subject to subsection (22) the council shall not cause the plan to be amended under clause 620(4)(a) or subsection 622(3) unless in its opinion the amendment will not prejudice the public or any interested person or unless it is made subsequent to a meeting held under subsection 615(4) and that meeting considered the matters which form the subject of the amendment.
Restriction on including new lands
The council shall not cause the plan to be amended under clause 620(4)(a) or subsection 622(3) to include land not described in the notice given under subsection (13) unless
(a) in the opinion of the council inclusion of that land does not constitute a significant change and will not prejudice the public or any interested person; or
(b) that land is included subsequent to a meeting held under subsection 615(4) to consider that land; or
(c) that land is included under subsection 117(5) of The Real Property Act; or
(d) subject to subsection (23) that land is included under an order of the Municipal Board under subsection 95(1) of The Municipal Board Act.
Amendment of plan by Municipal Board
In an order made on an application under subsection 95(1) of The Municipal Board Act, the Municipal Board may require the amendment of a subdivision plan after such notice and hearing as the Municipal Board considers proper if, in the opinion of the Municipal Board, the amendment does not constitute a significant change.
Where under clause 620(4)(b) the council refers an application for the approval of a plan of subdivision to The Municipal Board, subsections 622(1) and (2) apply with such modifications as the circumstances require.
On receipt of the report and recommendation from The Municipal Board and subject to subsection (22), the council may amend, draft, redraft, any plan of subdivision and may pass a by-law to approve a plan of subdivision.
Considerations relevant to approval
In considering a draft plan of subdivision, regard shall be had to all material considerations including
(a) whether the plan conforms to the Greater Winnipeg development plan, any relevant community or action area plan and to any adjacent plans of subdivision;
(b) whether, in the opinion of the council, the land is suited to the purpose for which the subdivision is intended and may reasonably be expected to be used for that purpose within a reasonable time after the plan is registered;
(c) the number, width, location and proposed grades and elevations of highways, and the adequacy thereof, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity, and the adequacy thereof;
(d) the dimensions and shape of the lots;
(e) the restrictions or proposed restrictions, if any, on the land, buildings and structures proposed to be erected thereon and the restrictions, if any, on adjoining lands;
(f) conservation of natural resources and flood control;
(g) the adequacy of utilities and municipal services;
(h) the adequacy of school sites, park sites and recreation areas; and
(i) the area of land, if any, within the subdivision that exclusive of highways, is to be conveyed or dedicated for public purposes.
Subject to subsection (28), no plan of or consent for the subdivision of a parcel of land located wholly or partly within a designated floodway area as defined in Part 15 shall be approved or given under this section if the effect of the approval or consent would create, or allow the creation of, any additional parcel of land wholly or partly within the designated floodway area in respect of which additional parcel any person would be entitled to a building permit under subsection 485(2) for any construction within the designated floodway area other than one or more of the works excepted under subsection 485(1).
A subdivision plan or a consent referred to in subsection (27) may be approved or given subject to an agreement under subsection (43) prohibiting construction on the land within a designated floodway area as defined in Part 15 other than one or more of the works excepted under subsection 485(1) recorded against that land by caveat under subsection (44) as a first charge other than utility's caveats or building restriction caveats but no such agreement shall be amended to allow other construction within the designated floodway area and no such caveat shall be withdrawn from registration against the land within the designated floodway area unless withdrawn and re-registered as a first charge other than utility's caveats or building restriction caveats to accommodate land titles office procedures.
Conditions for plan of subdivision
The council may by by-law impose all or any of the following as conditions to the approval of a plan of subdivision:
(a) that such part of the land included in the plan of subdivision as the council considers necessary, but being at least 10% thereof in area, be conveyed to the city or, where the land is in a municipality in the additional zone, to the municipality in which the land is located, for public purposes other than highways, without consideration, or for a nominal consideration;
(b) that a sum of money be paid to the city or, where the land is in a municipality in the additional zone, to the municipality in which the land is located, in lieu of the condition in clause (a), to be used for the purchase of land for public purposes other than highways;
(c) that all outstanding taxes, including local improvement assessments that have been levied, be paid;
(d) that such streets, lanes, avenues, roads or highways as are included within the plan of subdivision be dedicated as the council considers necessary;
(e) that, where a by-law has been passed under section 643 and a subdivision abuts on an existing highway, the land comprising the subdivision other than land occupied by existing buildings or structures be dedicated to the city or to the Crown to provide for the highway to such width or with such modifications as is provided in the by-law;
(f) that the owner of the land comprising the subdivision enter into one or more agreements with the city or a municipality in the additional zone, or both, containing such provisions as the council considers relevant to the subdivision of the land, including, without limiting the generality of the foregoing,
(i) the conditions set out in clauses (a) to (e), or any of them,
(ii) a provision requiring the construction by or at the expense, in whole or in part, of the owner, of a system, work, plant, pipeline, or equivalent for the transmission, delivery, or furnishing of electricity and water and the collection and disposal of sewage, or any one or more of them, on the land to be subdivided, and on other land in the city or in the additional zone, or either on the land to be subdivided or on the other land, or partly on both, and
(iii) a provision requiring the payment of a sum of money to the city in lieu of the requirement under sub-clause (ii), to be used by the city for any of the objects referred to in sub-clause (ii), but an agreement dealing with the construction of new streets, lanes, avenues, roads or highways, the widening or modification of an existing highway, or any of the matters set out in sub-clauses (ii) and (iii) shall be in accordance with any relevant by-law passed under section 643.
Approval by designated committee
Notwithstanding subsections (13) to (25), where the designated committee is of the opinion that,
(a) the plan of subdivision conforms to the Winnipeg development plan, relevant community and action area plans, adjacent plans of subdivision, if any, and to the zoning by-law which refers to the land within the plan of subdivision;
(b) no condition referred to in clause (29)(c) or (d) should be imposed to the approval of the plan of subdivision; and
(c) after considering the matters referred to in clauses (26)(b) to (h), the plan of subdivision should be approved, the committee may approve it without public notice being given and a meeting being held in respect of the plan of subdivision by the community committee or the council of the municipality under subsections (13) to (20) but may impose the condition set out in clause (29)(a), (b) or (f), the condition set out in clause (29)(c) and a condition that land within the plan of subdivision be dedicated to the city to widen any existing street on land within the subdivision, but any agreement required under clause (29)(f) shall not contain any provision for dedication of land for the purposes described in clause (29)(d) or (e).
The approval of a plan of subdivision by the designated committee under subsection (30) has the same effect as if the council had given three readings to a by-law approving it under clause 620(4)(a) or subsection (25).
Limitation on registration in L.T.O.
When a plan of subdivision is approved by the council and is not registered within 180 days of the date of approval, it shall not be registered in the Land Titles Office unless the time within which the plan of subdivision is to be registered in the Land Titles Office is extended by the council.
Approval of a plan of subdivision by the council does not operate to release any person from doing anything that the person may be required to do by or under the authority of any other Act.
The designated committee may consent to a conveyance, lease or agreement that is not authorized under subsection (1) or (2), if the committee is satisfied that a plan of subdivision of the land described in the application is not necessary for the proper and orderly development of land in the city or the additional zone.
Considerations governing consent
In determining whether a consent is to be given, regard shall be had to the matters set out in clauses (26)(a) to (i), and the designated committee has the same power to impose conditions to a consent as council has with respect to the approval of a plan of subdivision; but the committee shall require that all conditions imposed by it be fulfilled before the granting of a consent.
An application for consent shall be made by the registered owner of the land under The Real Property Act or by a person authorized in writing by him and shall be in such form, accompanied by such supporting material and the payment of such fee as the council considers advisable.
Consent or refusal by committee
The designated committee shall consider the application for consent, and may grant or refuse the consent to the conveyance, lease or agreement, or grant the consent on such conditions as it considers necessary.
The designated committee shall not refuse the consent without first conducting a hearing and giving the applicant notice of the dale, time and place of the hearing.
The applicant may appear at the hearing and make representations in support of his application.
The designated committee may delegate to the designated commissioner the authority to grant a consent, but it shall not delegate to him the authority to impose conditions or refuse consent.
When consent has been granted, after the decision of the designated committee is final and binding, the designated commissioner shall give a certificate to the applicant staling that such consent has been given, and the certificate is conclusive evidence that such consent was given and that the provisions of this seclion leading to such consent have been complied with.
A consent shall lapse at the expiration of two years after the date of the certificate given under subsection (41), unless within such time,
(a) an agreement is entered into for the sale and purchase of the land in respect of which the consent was granted or that has the effect of granting the use of or right in land directly or by entitlement to renewal for a period of 21 years or more: or
(b) the land in respect of which the consent was granted is conveyed or leased.
Agreements made under condition
The council may enter into agreements imposed as a condition to the approval of a plan of subdivision, or to the granting of consent in the name, of the city.
A caveat giving notice of an agreement referred to in subsection (43) and any covenants relating to it, may be filed in the Land Titles Office, and thereafter the agreement and any covenants in the agreement shall be deemed to run with the land and shall, without special mention in the instrument, be deemed to bind the owner of the land, his heirs, executors, administrators, successors and assigns and all successors in title to the owner.
Disposal of land dedicated under condition
Subject to the other provisions of this Act, if money is paid to the city under clause (29)(b) or should the council determine that land conveyed under clause (29)(a) is not required for public purposes, it may be sold or leased, and all monies received by the city from such sale or lease shall be paid into a special account and may,
(a) be expended only for the purchase of land to be held and used by the city for public purposes other than highways; or
(b) be invested in such securities as a trustee may invest in under The Trustee Act, and the earnings derived from the investment of the money shall be paid into the special account.
Application for order cancelling
The city may apply to The Municipal Board for an order cancelling in whole or in part, amending or altering, a registered plan of subdivision of land in the city or in the additional zone.
On the application of the city under subsection (46), after such notice and hearing as it considers proper, and on such terms and conditions as it may fix, Tire Municipal Board may order the cancellation in whole or in part, or the amendment or alteration of the registered plan; and notwithstanding the provisions of Part IV (Plans of Subdivisions) of The Municipal Board Act respecting new plans, or clause 117(6)(g) of The Real Property Act, the board may direct the registration of a plan showing the partial cancellation, amendment or alteration, or a new plan in substitution therefor.
Where an application is made under subsection (46), subsection 95(5) and sections 96 to 103 of The Municipal Board Act apply with such modifications as the circumstances require.
By-laws on subdivision conditions
The council may enact by-laws establishing requirements for
(a) the construction of new streets, lanes, avenues, roads or highways;
(b) the widening or modification of any existing highway or highways;
(c) the construction or provision by, or at the expense in whole or in part of the owner of land being subdivided, or referred to in a proposed zoning by-law of a system, work, plant, pipeline, or equipment for the transmission, delivery, or furnishing or electricity and water;
(d) the construction or provision by, or at the expense in whole or in part of the owner of land being subdivided, or referred to in a proposed zoning by-law of a system, work, plant, pipeline, or equipment for the collection and disposal of sewage; or
(e) the payment of money to the city in lieu of the requirements referred to in clauses (c) and (d).
Subject to subsection (2), where in the opinion of the council an error or omission exists in a plan or by-law established or enacted in accordance with the provisions of this Part, the council may, without any notice or public hearing, or after giving notice but without a public hearing, or after giving notice and holding a public hearing, as it considers necessary, amend the plan or by-law to correct the error or omission.
Where, in the opinion of the council, the correction of an error or omission under subsection (1) without any notice or public hearing may prejudice the public or any interested person, the council shall give the notice and hold the hearing as required by subsection 642(13) and on the day and at the time and place stated in the notice a meeting shall be held to receive representations from any person in respect of the amendment and subsections 642(15), (16) and (18) shall apply with such modifications as the circumstances require, and council may thereafter amend the plan or by-law to correct the error or omission.
Money paid in lieu of conveyance
Notwithstanding any other provision of this Act, in every case where the council requires the payment of a sum of money in lieu of a conveyance of land to the city, or where the land is situated in a municipality in the additional zone, to that municipality as a condition of the enactment of a zoning by-law, or the approval of a plan of subdivision, or the granting of a consent under this Part, or under subsection 642(45), the council, or, where the land is located in a municipality in the additional zone, the council of that municipality, may by by-law declare that a part or all of the money shall be used for a public purpose other than the purchase of land.
HOUSING AND SOCIAL DEVELOPMENT
Acquiring and erecting dwellings
The city may acquire or erect dwellings in the city and sell or rent them at prices or rentals it may determine, and its powers in such respect shall be the same as its powers to acquire and dispose of land generally.
Notwithstanding any other provisions of this Act, the city may pass by-laws in respect of buildings located within the city, or within districts of the city described in the by-laws, for the purpose of
(a) regulating the issuance of demolition permits;
(b) prohibiting the issuance of demolition permits;
(c) providing for issuance of demolition permits subject to conditions prescribed by council or a designated committee of council; or for any one or more of those purposes.
The council may enact by-laws with respect to,
(a) programs for the rehabilitation, improvement or renewal of urban areas, including the definition of redevelopment areas; and
(b) securing improvement in social conditions with a view to the prevention and alleviation of poverty, illness and crime and without restricting the generality of the foregoing may provide for human development programs; for mental health and social services and for the development and operation of day care nurseries.
Neighbourhood improvement areas
The community committee for the community within which a predominantly residential action area in the city is located, may recommend that an action area plan be established under this Part to provide for the improvement of living conditions and that such action area be designated a neighbourhood improvement area.
Establishment of improvement areas
Subject to the oilier provisions of this Part, when council receives the recommendation referred to in subsection (1) and is of the opinion that living conditions in the action area should be improved, an action area plan may be established designating the action area as a neighbourhood improvement area.
In addition to the other requirements of this Part, an action area plan designating a neighbourhood improvement area may make provision for,
(a) the works and services the city will undertake to improve the area;
(b) the land which the city will acquire to carry out these improvements;
(c) rehabilitation measures to be undertaken by owners of land, buildings or structures within the area;
(d) the time within which the improvements and rehabilitation measures will be carried out;
(e) the program of grants and loans, or either of them, which will be made available by the city to the owners of land, buildings or structures within the area to carry out the rehabilitation measures which are required;
(0 the establishment and implementation of a social development program for the area; and (g) a relocation program for persons displaced from residential accommodation or business premises in the area.
In addition to the other requirements of this Part, an action area plan designating a neighbourhood improvement area, shall not be amended, altered, repealed, or replaced, except on the recommendation of the community committee of the community in which the area is located, or, if the neighbourhood improvement area is located in two or more communities, on the recommendation of the community committees of those communities
Before it approves the plan, the council shall determine that accommodation will be available on reasonable terms in the city for any person displaced from residential accommodation or business premises in the neighbourhood improvement area because of operations implementing the action area plan.
Advisory service on rehabilitation
The city may establish an advisory service to advise and assist owners in carrying out the required rehabilitation of their dwellings or business premises in the neighbourhood improvement area.
The city may acquire any land, building or structure within a neighbourhood improvement area by purchase or expropriation, to implement the action area plan, or to rehabilitate the land, building or structure, if the owner refuses to rehabilitate it in accordance with the action area plan, within the time fixed by such plan.
The city may rehabilitate a building or structure acquired under subsection (7) in accordance with the action area plan, and may lease or sell it on terms satisfactory to the council.
Where provision is made in an action area plan for a program of grants and loans, or either of them, under subsection (3), the city may
(a) make grants to owners in such amounts and subject to such conditions as to the council seem advisable; and
(b) make loans to owners, and section 662 applies to such loans, with such modifications as the circumstances require.
Where liens are made under subsection (9), section 662 applies with such modifications as the circumstances require.
MINIMUM STANDARDS OF MAINTENANCE AND OCCUPANCY
In sections 650 to 661, unless the context otherwise requires,
"dwelling" includes any building, part of a building, trailer or other covering structure, the whole or any portion of which has been used, is used or is capable of being used for the purposes of human habitation, with the land and premises appurtenant to the land and all outbuildings, fences or erections thereon or therein and every dwelling unit in the dwelling; («habitation»)
"dwelling unit" means one or more rooms located within a dwelling and used or intended to be used for human habitation by one or more persons; («local d'habitation»)
"inspector" means the person from time to time holding the office of supervisor of building inspections and the person from lime to time holding the office of medical officer of health for the city and such assistants to those officers as may be designated by those officers; («inspecteur»)
"order" means a notice of non-conformance and order to demolish, vacate, or repair a dwelling or non-residential property under a by-law passed under section 651; («ordre»)
"owner" includes the person,
(a) for the time being managing or receiving the rent of the land or premises in connection with which the word "owner" is used, whether on his own account or as agent or trustee of any other person;
(b) who would so receive the rent if such land and premises were let;
(c) a vendor of such land under an agreement for sale who has paid any land taxes thereon after the effective date of the agreement;
(d) the person for the time being receiving instalments of the purchase price of the land or premises in connection with which the word "owner" is used, sold under an agreement for sale whether on his own account or as agent or trustee of any other person, or
(e) who would so receive the instalments of the purchase price if such land or premises were sold under an agreement for sale; («propriétaire»)
"repair" includes taking the necessary action to bring any dwelling or non-residential property up to the standards; («réparation»)
"standards" means the standards for the maintenance and improvement of the physical condition and for the fitness for occupancy prescribed by a by-law passed under section 651; and («normes»)
"non-residential property" means a building or structure or part thereof not occupied in whole or in part for the purposes of human habitation, with the land and premises appurtenant to the land, and all outbuildings and fences thereon or therein. («bien non résidentiel»)
In addition to all other powers delegated by this or any other Act, the council may pass by-laws applicable to the city or any area or areas within the city,
(a) for fixing the standards of fitness for human habitation to which all dwellings shall conform;
(b) for fixing the standards relating to the state of repair and to the maintenance of the physical condition of the exterior surfaces of dwellings;
(c) for defining "non-hazardous", "hazardous" and "immediately dangerous" non-conformances to standards fixed by by-law passed under clauses (a) and (b);
(d) for requiring the owners of dwellings that do not conform to the standards to make them so conform;
(e) for requiring the owner of a dwelling, and that does not conform to the standards, to demolish all or any part thereof;
(f) for prohibiting the use of dwellings that do not conform to the standards;
(g) for authorizing the placarding, in such manner as the by-law may specify, of dwellings that do not conform to the standards;
(h) for prohibiting the pulling down or defacing of any such placard;
(i) for regulating the occupancy of dwellings;
(j) for appointing one or more inspectors;
(k) for authorizing an inspector with the consent of the owner or occupier, but subject to section 155, to enter on and inspect any dwellings or non-residential property or post any orders made under sections 650 to 661 in such dwellings or non-residential property after notice to an adult occupant and at reasonable times;
(l) for fixing standards for non-residential property or any class or classes thereof within the city or within any defined area or areas and for prohibiting any person from using or permitting to be used, any such non-residential property that does not conform to the standards; and
(m) for requiring the owner of any non-residential property and, to the extent that the occupant is made responsible by the lease or agreement under which he occupies the property, the occupant to repair and maintain the non-residential property in accordance with the standards, or demolish the whole or any part of the non-residential property.
If as a result of his inspection of a dwelling or non-residential property an inspector is satisfied that a dwelling or non-residential property does not conform to a standard, the inspector may make an order, a copy of which shall be served forthwith on the owner of the dwelling or non-residential property by registered mail to the owner at the address as shown on the assessment roll of the city or by serving the owner personally, and a copy of the order shall be posted in a conspicuous place in the dwelling or non-residential property.
Where the inspector is unable to locate the owner of a dwelling or non-residential building for the purpose of serving an order under subsection (1), the inspector may apply to a judge of the Queen's Bench for an order allowing substitutional service of the order and, if the judge is satisfied that all reasonable efforts have been made to effect personal service of the order on the owner, the judge may order that service of the order be effected by posting it on the building or by publication in the newspaper or by other means, or by any or all of those means, and compliance with the order shall be conclusively deemed to be equivalent to personal service on the owner.
Information contained in order
The order shall contain,
(a) a description of the dwelling or non-residential property sufficient to identify it;
(b) the particulars of each non-conformance and the date by which it must be corrected, provided that the date by which each non-conformance must be corrected shall be not less than three weeks from the date of mailing of the notice in the case of non-hazardous non-conformances, 10 days from the date of the mailing of the notice in the case of hazardous non-conformances and forthwith, in the case of immediately dangerous non-conformances; and
(c) the final date for giving notice of objection from the order.
There shall be attached to the order
(a) a form of notice of objection which shall indicate the place to which the notice of objection shall be delivered;
(b) a notice of correction to be returned to the city when the non-conformances have been corrected; and
(c) notice of the penalty for each non-conformance.
The notice of correction referred to in clause (4)(b) shall require such information to be provided respecting the correction of each non-conformance as the council considers advisable and shall be in a form satisfactory to the council.
The inspector may postpone the last day when a non-conformance must be corrected as shown in the order only on a showing by the owner that the owner is making reasonable efforts to correct the non-conformance, but that full correction cannot be completed within the time provided because of technical difficulties, inability to obtain necessary materials or labour, or inability to gain access to the dwelling or non-residential property unit in which the non-conformance occurs.
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 on
(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 8 of this Act apply with such modifications as the circumstances require.
The owner, or a person authorized in writing by him to act on his behalf may object to an order or any provision thereof by filing with the city a notice of objection within seven days following the serving and posting of a copy of the order, under subsection 652(1), whichever last occurs.
Committee to consider objection
The objection shall be considered by the community committee for the community in which the dwelling or non-residential property is located.
The community committee shall fix a time and a place for a meeting to consider the objection, and cause not less than three days notice of the meeting, to be served by registered mail on the appellant at his address as shown on the city's last assessment roll, provided that in no case shall a meeting date be fixed later than 30 days following the filing of the notice of objection under subsection (1).
On the day and at the time and place stated in the notice, the community committee shall conduct the meeting and receive representations from the appellant and the inspector or inspectors, or any person appearing on their behalf.
The meeting may be adjourned from time to time and may be resumed at such time and place as the community committee which is conducting the meeting may decide.
The community committee after conducting the meeting may,
(a) affirm the order;
(b) rescind the order if they find that the appellant conformed to the standards; or
(c) vary the order to meet the circumstances of the case, either by extending the time within which compliance with the order shall be made, or otherwise.
Review by designated committee
The designated committee may review the community committee's decision under subsection (6) or rescind or vary an order within 14 days following the decision and may,
(a) affirm the decision of the community committee; or
(b) set aside the decision and restore the order made by the inspector.
Decision of committee is final
Subject to subsection (7), the decision of the community committee shall stand in the place of the order in respect of which the objection is made, for all purposes and the community committee's decision is final.
Subject to section 653, every person who fails to comply with an order is guilty of an offence.
Any person accused of an offence under subsection (1), may raise as a defence that, at the time the order was made, the dwelling or non-residential property complied with the standards and if the justice is satisfied that the dwelling or non-residential property did comply with those standards at that time, the justice shall acquit the accused.
Where owner disposes of interest
Where a person accused of an offence under subsection (1) was the owner of a dwelling or non-residential property on the day the order was served and posted, as provided in subsection 652(1), it is not a defence that the person is no longer the owner of it.
City may advance cost of repairs
Where the council is of the opinion that the owner of a dwelling or non-residential property is unable to pay the cost of making it conform to the standards, the city may advance money to or for the benefit of the owner to the extent necessary to pay the cost.
Where the city has advanced money as provided in subsection (1), it has a lien on the dwelling or non-residential property in respect of which the advance was made, for the amount of the advance, together with interest thereon loans the then current rate for money borrowed by the city plus 2% per annum if security is not given.
Recovery by city of money advanced
The amount of an advance made under subsection (1) with interest thereon is repayable by the owner of the dwelling or non-residential properly in equal consecutive annual instalments, which shall be paid over a period of years, fixed by the council, but not exceeding 10 years, and which shall be added in the tax roll to the taxes on the land mentioned in subsection (2) in each year, during the period fixed under this subsection, and shall be collected in the same manner as ordinary taxes in arrears.
Notwithstanding subsection (3), where an advance is made under subsection (1) to an owner who occupies a dwelling in respect of the cost of making it conform to standards relating to the maintenance of the physical condition of its exterior surfaces, the amount of the advance with interest is not repayable until the owner ceases to occupy the dwelling, transfers title to another person otherwise than by mortgage, or dies, whichever occurs first.
The period fixed under subsection (3) need not be the same in the case of each advance.
A certificate of the clerk of the city setting out the amount advanced to, or for the benefit of, any owner under subsection (1) and the rate of interest thereon, together with a description of the land occupied by, or appurtenant to, the dwelling or non-residential property in respect of which the amount was advanced, sufficient to identify the land, shall be registered in the Winnipeg Land Titles Office against the land on proper proof by affidavit of the signature of the clerk.
On repayment in full to the city of the amount advanced and the interest thereon, a certificate of the clerk of the city showing the repayment may be registered in like manner as provided in subsection (5) and the land is thereupon discharged from liability with respect to the advance and interest thereon, and from the lien arising therefrom, provided that on application therefor by the owner, the clerk shall provide him with a certificate of repayment.
If the owner of a dwelling or non-residential property fails to repair or demolish it in accordance with an order, the city may repair or demolish all or any part of it and in so acting do any work on adjoining land, buildings or structures necessitated by such demolition or repair.
For the purposes of subsection (1), officers, employees and agents of the city may enter on the dwelling or non-residential property referred to in the order and any adjoining land, buildings or structures after giving reasonable notice of such entry to the owner or owners and to the occupant or occupants of such dwelling or non-residential property and such adjoining land, buildings or structures.
The notice referred to in subsection (2) is properly given if it is sent to the owner or owners by registered mail at his or their address as shown on the assessment roll of the city, and to the occupant or occupants if it is sent to him or them by registered mail addressed to them at the dwelling or non-residential property or adjoining land, building or structure, as the case may be.
The city is not liable to compensate the owner of the dwelling or non-residential property or the owner of any adjoining land, building or structure, by reason of anything necessarily done by it or on its behalf under subsection (1) or (2).
The city has a lien on the dwelling or non-residential property in respect of which any amount was expended by or on behalf of the city under the authority of this section, together with interest thereon at the then current rate of interest for money borrowed by the city if security is not given plus 2% per annum.
The amount of money with interest thereon referred to in subsection (5) is repayable by the owner of the dwelling or non-residential property in equal consecutive annual instalments, which shall be paid over a period of years, fixed by the council, but not exceeding 10 years, and which shall be added in the tax roll to the taxes on the land mentioned in subsection (5) in each year, during the period fixed under this subsection, and shall be collected in the same manner as ordinary taxes in arrears.
A certificate of the clerk of the city setting out the amount of money referred to in subsection (1), with interest thereon, together with a description of the land occupied by, or appurtenant to, the dwelling or non-residential property in respect of which the amount was advanced, sufficient to identify the land, shall be registered in the Winnipeg Land Titles Office against the land on proper proof by affidavit of the signature of the clerk.
On repayment in full to the city of the amount of money referred to in subsection (1), with interest thereon, a certificate of the clerk of the city showing the repayment may be registered in like manner as provided in subsection (7) and the land is thereupon discharged from liability with respect to the advance and interest thereon, and from the lien arising therefrom and on application therefore by the owner, the clerk shall provide him with a certificate of repayment.
In the circumstances referred to in sections 655 and 656, where the dwelling or non-residential property is occupied by a tenant, the city may serve the tenant with a notice in writing requiring him to pay to the city the rent as it comes due up to the amount of the lien; and payment by the tenant to the city is deemed to have the same effect in law as if the rent or part thereof had been paid by the tenant to the city at the direction of the landlord of the dwelling or non-residential property.
Notice to persons with interest
Before the council exercises its powers under subsection 655(1) or subsection 656(1), a notice in writing shall be sent to all persons having a registered interest in the dwelling or non-residential property specifying wherein the dwelling does not conform to the standards, and stating that if all the non-conformances are not corrected within one month after the serving of the notice, the city may proceed to act under section 655 or section 656.
Where the owner of a dwelling or non-residential property fails to repair or demolish a dwelling or non-residential property in accordance with an order, the inspector may order that such dwelling or non-residential property be vacated and may prohibit its use as a dwelling or non-residential property until it is repaired or demolished in accordance with the former order.
Alternative accommodation available
Notwithstanding subsection (1), an order shall not be made under it unless the inspector is of the opinion that alternative accommodation is available in the city for all occupants of the dwelling.
A copy of an order made under subsection (1) shall be served on the owner and posted in the dwelling or non-residential property and subsection 652(1) applies with such modifications as the circumstances require.
In addition to the service and posting referred to in subsection (3), a copy of the order shall be served on at least one adult occupant of the dwelling or non-residential property.
An order made under subsection (1) comes into effect after the expiry of seven days following the date of the last service or posting referred to in subsections (3) and (4).
An owner may object to an order made under this section, in which case section 653 applies with such modifications as the circumstances require.
Failure to comply with an order made under this section is an offence and section 654 applies with such modifications as the circumstances require.
Application to court for receiver
Where the owner of a dwelling or non-residential property, with respect to that dwelling or non-residential property, fails to comply with an order or orders by correcting the non-conformances with the standards specified therein, in addition to the other remedies or penalties provided by this Act, the city may apply to the Court of Queen's Bench for the appointment of a receiver of the rents and profits issuing from the dwelling or non-residential property.
On an application referred to in subsection (1), the Court of Queen's Bench may appoint a receiver if it appears to the court to be just and convenient to order that the appointment be made, and any such order may be made either unconditionally or on such terms and conditions as the court considers just.
At least one month before making the application, notice of the city's intention to apply for the appointment of a receiver shall be served by registered mail addressed to the owner and any registered encumbrancer, and shall indicate the grounds on which it is intended to rely in support of the application.
A receiver appointed under subsection (1), shall, with all reasonable speed, remove the fire hazard, or the threat to health or safety and during the term of the receivership, the receiver shall repair and maintain the dwelling or non-residential property, and may make any other improvements he considers advisable to effect the rehabilitation of the dwelling or non-residential property so that safe and habitable conditions will exist for the remaining useful life of the property.
Notwithstanding section 657, after a receiver has been appointed, rent accruing due from a tenant of the dwelling or non-residential property shall be paid to him.
An order appointing a receiver under this section shall be registered as a caveat under The Real Property Act forthwith after it is made.
Notwithstanding any other provision of this Act, the council shall not act under sections 656, 659 or 660 unless a person has first been convicted of an offence for failure to comply with an order in respect of the dwelling or non-residential property.
The council may make loans or grants, or both, in such amounts and on such terms as to the council seem advisable,
(a) for the improvement of dwellings up to the standaid of fitness for human habitation provided by by-law enacted under section 651;
(b) for the improvement of dwellings beyond the standard of fitness for human habitation so provided;
(c) for the provision of additional dwelling units by the conversion of houses or of other buildings to provide such dwelling units; or
(d) for the maintenance and improvement of non-residential properties up to the standards fixed by a by-law passed under section 651.
The council shall determine the manner of repayment of loans, including interest, and may fix the interest to be paid at a rate below the rate at which the city is able to borrow money.
The city has a lien on the dwelling or non-residential property in respect of which a loan is made under subsection (1) together with the interest thereon fixed by the council.
A certificate of the clerk of the city as to the amount of the loan made under subsection (1) and the interest thereon, together with a description of the land occupied by or appurtenant to the dwelling or non-residential property in respect of which the loan was made, sufficient to identify the land shall be registered in the Winnipeg Land Titles Office against the land on proper proof by affidavit of the clerk.
On repayment in full to the city of the amount of the loan made under subsection (1) and the interest thereon, a certificate of the clerk of the city may be registered in like manner as provided in subsection (4) and the land is thereupon discharged from liability with respect to the loan and interest and from the lien arising therefrom; provided that on application therefor, by the registered owner or a person authorized in writing by him, the clerk shall provide a certificate of repayment.
ENVIRONMENTAL IMPACT REVIEW
The council may require a report on the environmental impact of a proposed public work.
Powers of council respecting report
Where the council requires a report on the environmental impact of a proposed public work,
(a) it shall be the sole determining authority of the adequacy of the report or any part of it; and
(b) it may establish such procedures as it may deem necessary.
MISCELLANEOUS
All plans, by-laws, resolutions, orders, decisions or procedures established, enacted, made or required under this Part are binding on the city and all persons.
Subject to subsection (3), where the Lieutenant Governor in Council considers it advisable and in the interest of the public convenience and welfare, and for the purpose of carrying out or participating in a program or project which is considered by the Lieutenant Governor in Council to be a government program or project, the Lieutenant Governor in Council may order that a plan, by-law, resolution, order, decision or procedure established, enacted, made or required under this Act does not apply to and is not binding on any agency, or person, including a statutory corporation, or institution, for purposes described by the Lieutenant Governor in Council.
Where a proposed order under subsection (2) relates to an exemption from the Winnipeg development plan, a community plan, an action area plan, a zoning by-law, the approval of a plan of subdivision, a variation order, a conditional use approval, or two or more of those, the Lieutenant Governor in Council shall not make the order until a meeting has been held under subsection (4) and the report made under subsection (7) has been delivered to the minister.
The meeting mentioned in subsection
(3) shall be for the purpose of receiving representations on the proposed orders and it shall be conducted by a person appointed by the minister.
The person appointed under subsection (4) shall cause notice of the time and place of the meeting to be published in two issues of a newspaper having a general circulation in the area which, in his opinion, is significantly affected, and he shall serve the notice by registered mail on the community committee which he considers is significantly affected.
The person appointed under subsection (4) may receive all representations on the same day or, if the person considers it advisable, adjourn from lime to time until all representations are received.
The person appointed under subsection (4) shall within 30 days from the date of his appointment make and deliver to the minister his report in writing setting forth
(a) a summary of the representations made;
(b) his determination of the facts: and
(c) his opinion on the effects of the proposed order under subsection (2).
Where the person appointed under subsection (4) to conduct a meeting is unable to or fails to carry out his duties in accordance with this section, the minister shall immediately revoke the appointment and appoint another person in his place.
When the person appointed under subsection (4) has completed his duties under this section the government shall pay him remuneration and expenses approved by the minister.
Notwithstanding any other provision of this Act, except by the establishment of the Winnipeg development plan, a community plan, or by a by-law passed to implement them, the city shall not enact a by-law that would have the effect of changing the use to which any land in the additional zone might be put unless the council of the municipality in which the land is situated has, by resolution, consented to the change.
In addition to the other requirements of this Part, where a community plan, an action area plan or a proposed amendment, alteration, repeal or replacement of a community plan, an action area plan or the Winnipeg Development Plan refers to land in the additional zone, a copy of the notice required under subsections 579(5), 583(1), 584(2), 589(11) and section 597, shall be sent by registered mail to the municipality in which the land is located.
Copy of notice to municipality
In addition to the other requirements of this Part, where a proposed zoning by-law refers to land in the additional zone, a copy of the notice referred to in subsection 614(2) shall be sent by registered mail to the municipality or municipalities in which the land is located.
The notice referred to in subsection (2) shall be in writing and shall contain the information required by subsections 579(5), 583(1), 584(2), 589(11), 614(2), 642(13) and (19) and section 597.
The notice shall be sent to the municipality referred to in subsection (2) not less than 10 days before the date of the meeting referred to therein.
Additional members of committee
At the organization meeting of the council of each municipality in the additional zone held in accordance with section 115 of The Municipal Act, the council of each municipality in the additional zone shall each year, from the members of the council, appoint one member to be an additional member of the designated committee for the purposes provided in this section.
Selection of additional members
One of the additional members of the designated committee shall be appointed from the members of the councils of each of the following municipalities:
(a) The Rural Municipality of East St. Paul;
(b) The Rural Municipality of West St. Paul;
(c) The Rural Municipality of Springfield;
(d) The Rural Municipality of Tache.
An additional member of the designated committee shall cease to hold office when
(a) he or she ceases to be a member of a council of a municipality in the additional zone;
(b) his or her resignation is received by the clerk of the Executive Committee; or
(c) the additional member is disqualified from holding office under subsection (4).
Application of sections to additional members
Subsections 90(1), (3) and (4), section 91, subsections 92(1), (2), (4) and (5), and section 98 apply with such modifications as the circumstances require to additional members of the designated committee.
If the office of one or more additional members of the designated committee becomes vacant, the councils of the municipalities in the additional zone may appoint a person to hold such office for the balance of the current term, and subsections (1) to (4) apply with such modifications as the circumstances require.
When additional members may act
The additional members of the designated committee may act as members of the designated committee only
(a) where the designated committee conducts the meeting referred to in section 615, for the purpose of section 618;
(b) where land in respect of which a variance has been granted by the designated commissioner is located in the additional zone and an appeal is taken to the designated committee, for the purposes of section 626; and
(c) where subsections 642(13) to (20) or subsections 642(33) and (34) apply, for the purposes of those subsections.
Necessity of additional members
For the avoidance of doubt, it is not necessary for any additional members of the designated committee to be appointed by councils of the municipalities in the additional zone, or for any additional member to act as such in any of the circumstances referred to in subsection (6), for the designated committee to be constituted properly for all the purposes of this Act. PART 21 MISCELLANEOUS
By-laws, etc. in effect in 1977
Notwithstanding the repeal of any provisions of this Act, any order, plan, agreement, contract, by-law, resolution, or application subsisting on the day on which the amendments to this Act came into force, shall continue in force, with such modifications as the circumstances require, under this Act until amended, revoked, repealed or replaced by the appropriate action taken under (his Act.
ELECTRICITY AND GAS
In this section
"base load" means the amount of gas purchased during any month by a purchaser in or in connection with premises for other than space heating purposes and subject to subsection (2) determined by dividing the total amount of gas purchased in or in connection with those premises during the immediately preceding months of June, July and August by three; («charge de base»)
"domestic purposes" means the consumption of electricity or gas solely to heat or serve a dwelling unit; («fins domestiques»)
"dwelling unit" means
(a) a house, apartment, suite or separate portion of a multiple dwelling, occupied by one person, single family or a group of persons living as a single family or household, or
(b) an apartment block or other multiple dwelling containing not more than four apartments, suites or other self-contained domestic establishments, or
(c) a farm house or a farm and all barns, sheds and other buildings used in conjunction with the farm; («logement»)
"purchase price" means the price at which electricity or gas is sold to the consumer before the allowance or deduction of any discount for prompt payment; («prix d'achat»)
"purchaser" means a person who purchases electricity or gas for consumption and also means a consumer; («acheteur»)
"seller" means a person who sells electricity or gas and includes Manitoba Hydro. («vendeur»)
Where the base load in respect of premises cannot be determined as described in clause (1)(a), the seller of the gas shall designate the amount of gas used in any month in or in connection with the premises for each purpose other than space heating and the total of all amounts of gas so designated shall be conclusively deemed to be the base load in respect of the premises.
Tax on electricity and gas consumed
Subject to section 548(5), the city may pass a by-law to the effect that
(a) every person who in the city consumes any electricity or gas for domestic purposes shall pay to the city a tax in respect of such electricity or gas, as the case may be, at the rate of 2. 5% of the purchase price of such electricity or gas;
(b) every person who in the city consumes any electricity or gas for other than domestic purposes shall pay to the city a tax in respect of such electricity or gas, at the rate of 5% of the purchase price of such electricity or gas;
(c) where the tax for any year paid by a consumer under this section in respect of electricity or gas consumed for other than domestic purposes exceeds $1, 000., the city shall refund to the consumer such part of the excess as shall be prescribed by the by-law;
(d) notwithstanding the provisions of a by-law passed under clauses (a) and (b), where in premises heated primarily by electricity, part of the electricity purchased is used for space heating and part for other services, the purchaser is exempt from payment of the tax imposed by a by-law passed under clause (a) or (b) in respect of the electricity used for heating the premises which in all cases shall be conclusively deemed to be 80% of the total electricity used by the purchaser in or in connection with the premises;
(e) notwithstanding the provisions of a by-law passed under clauses (a) and (b), where in premises heated primarily by gas, part of the gas purchased during any month is used for space heating and part for other services, the purchaser is exempt from payment of the tax imposed by a by-law passed under clause (a) or (b) in respect of the gas used for heating the premises which in all cases shall be conclusively deemed to be the amount of gas used by the purchaser in excess of the base load during the month in or in connection with the premises.
The tax shall not be imposed in respect of
(a) electricity or gas used by the manufacturer thereof in his business or any department of his business;
(b) electricity purchased by one manufacturer or distributor thereof from another;
(c) gas purchased by one manufacturer or distributor thereof from another;
(d) electricity or gas exchanged between manufacturers thereof:
(e) electricity purchased by Manitoba Hydro;
(f) electricity or gas purchased for resale;
(g) electricity or gas purchased by a hospital as defined in The Hospitals Act for the purpose of and for use in the operation of the hospital;
(h) electricity and gas used solely for space heating purposes, but not including supplementary heating, except to the extent required to in the administration of a by-law passed under clause (3)(d) or (e); or
(i) gas sold for domestic purposes and measured by means of prepayment meters.
Where a tax is payable under a by-law passed under this section,
(a) the tax shall be due on the day that a bill for such electricity or gas is sent or delivered by the seller to the purchaser under the provisions of this section;
(b) the tax shall have priority over the purchase price thereof and shall be payable within 10 days from such date, and shall be collected by the seller, who is constituted by this section a tax collector for the city of the tax;
(c) the seller shall keep an account of the lax collected, or that should be collected, and shall remit the tax collected to the city;
(d) any money received by the seller of electricity or gas from the purchaser shall first be applied in payment of the tax imposed by a by-law passed under this section.
In the computation of the tax any fraction of a cent shall be computed as a whole cent.
Every person required by this section to collect the tax imposed by a by-law passed under this section, or any purchaser liable to pay it shall become a debtor of the city, as to a seller for the amount of the tax collected or which the person has refused or neglected to collect, or as to a purchaser for the amount of the tax payable by him, and the debt may be collected by action in any court of competent jurisdiction.
In addition to any other rights given by this section the city shall have a first lien or charge on all the personal property of every person liable to the city for the tax and shall have a first lien or charge on all the personal property of every person who has collected the tax, and such lien shall have the same priority as a lien for business tax under Part 8 of this Act, and the city shall have the same powers of collection, including the power of distress but without the necessity of mailing or giving any notice, as in the case of business tax under Part 8 of this Act.
Remedies separate or concurrent
The city may pursue all remedies given by this section separately or concurrently.
No remission of tax to purchaser
It shall be unlawful for the seller to remit the tax to the purchaser and it shall be unlawful for any seller to advertise or in any way let it be known to the public that the tax imposed by a by-law passed under this section shall not be payable or paid by the purchaser.
Bill to show amount of tax payable
Every seller of electricity or gas shall not less frequently than once every two months make and send or deliver to the purchaser a bill showing the amount of electricity or gas sold, the purchase price thereof, and the amount of the tax payable in respect thereof and in any action, proceeding or distress, the bill made and sent or delivered by the seller shall be conclusive evidence of the amount of electricity or gas sold, the purchase price thereof, and the tax payable.
Accounts and reports of collectors
Every person required to collect the tax imposed by a by-law passed under this section shall keep a separate account, in such form as may from time to time be prescribed by the treasurer, of the tax collected or which should have been collected, and shall report to the treasurer monthly, under oath, the amount payable to the city and furnish such other particulars as the treasurer may require; and shall forthwith pay the amount of the tax to the city.
Every person required to collect the tax imposed by a by-law passed or under this section shall permit his establishment or establishments to be visited and his books and other documents to be examined by the treasurer or by a person appointed in writing by the treasurer, to ascertain whether the provisions of this section and of any by-law passed under this section have been or are being complied with, and to establish the amount of the tax collected or that should be collected, and every such person, his officers and employees shall on request furnish to the treasurer or his representatives any information that the treasurer may require.
Power of treasurer to make enquiries
The treasurer shall have power to make inquiry into and concerning any sale or relating to the tax or any matter in connection therewith, and may examine persons on oath and compel them to answer questions and in all respects in connection with the levying and collection of the tax shall have all the powers of a commissioner under The Manitoba Evidence Act.
Tax estimated if no return by seller
If the seller fails to make the return or report required or to pay to the city the tax collected or which should have been collected by him, the treasurer shall estimate, fix and certify the amount of the tax collected or which should have been collected and paid, and the amount so certified shall be due and shall be payable forthwith to the city.
Liability for acts of employee
Any sale made by an employee or representative of a seller shall be deemed to have been made by the seller himself, and any purchase made by an employee or representative of the purchaser shall be deemed to have been made by the purchaser himself and in every such case all the rights and remedies which the city may have or exercise under this section may be exercised against the seller or purchaser, as the case may be, and every such seller or purchaser, as the case may be, shall be subject to the same obligations and be liable to the same penalties as if the sale or purchase, as the case may be, had been made by the seller or purchaser himself instead of by or through the employee or representative.
The city shall compensate the seller for all services rendered by the seller hereunder to the extent of 5% of the amount collected and paid to the city by the seller.
Every person who violates any provision of this section or of any by-law passed under it is guilty of an offence.
Every person guilty of an offence against this section, or against any by-law passed under it, is liable in addition to the costs
(a) in the case of a violation of a by-law passed under subsection (3), for the first offence a penalty of not less than $10. and not more than $500., and for any subsequent offence a penalty of not less than $100. and not more than $1, 000.;
(b) in the case of a violation of any subsection other than subsection (3), for the first offence a penalty of not less than $100. and not more than $1,000., and for any subsequent offence a penalty of not less than $200. and not more than $2, 000.
Each day's continuance of the act or default out of which an offence against this section or against any by-law passed under it arises, shall constitute a separate offence, but nothing contained in this or any other subsection of this section, nor the enforcement of any penalty under it, shall suspend or affect any remedy for the recovery of any tax or amount payable under this section.
Information not to be released
Except where necessary in the case of an action, proceeding or distress under the provisions of this section, no person employed in any department of the city shall communicate or allow to be communicated to any other official, clerk or employee of the city, or to any other person any information obtained under the provisions of this section.
CITY DOCUMENTS
The council by by-law,
(a) shall provide for the permanent retention and safekeeping of the city documents and records of the nature and kind described in Schedule 1 to (his section; and
(b) may provide for the destruction of the city documents and records of the nature and kind respectively described in Schedules 2, 3, and 4, to this section, after the lapse of the period of time, and in accordance with the conditions, respectively set out in those schedules.
SCHEDULE 1
Documents and records to be retained permanently:
Agreements, easements, and awards, affecting the city Audit reports Assessment rolls By-laws
Cemetery records
Committee reports
General ledger
General journal
List of electors (one copy)
Minutes
Permits, building
Plans, city
Reports, building inspection
Subsidiary ledgers
Tax sale records
Tax rolls
Vital statistics records.
SCHEDULE 2
Documents and records that may be destroyed after the lapse of a period of 12 years:
Accounts and vouchers paid
Cash receipts
Contracts, sealed
Monthly financial statements
Payroll records
Records of estimates
Tax receipt duplicates
Tax certificate duplicates
Public works:
(a) street and road costs
(i) straight city projects
(ii) government-assisted projects
(b) machine costs (If proper cost accounting records are kept by the city, machine cost records may be destroyed after six years).
SCHEDULE 3
Documents and records that may be destroyed after a lapse of a period of six years:
Assessment complaints
Bank passbooks
Cheques, cancelled
Contracts, general
Deposit slips
Debentures
Debenture coupons
Duplicate general receipts
Election records apart from those for the destruction of which provision is made in The Local Authorities Election Act
Inventories
Oaths, official
Public works: daily reports
Trial balances.
SCHEDULE 4
Miscellaneous documents and records that may be destroyed after the periods, and subject to the conditions, indicated in this schedule:
Classified correspondence: to be segregated into subject matter groups and destroyed after a period of time applying to related subject matter.
With respect to the classification of correspondence on which there may be disagreement, the decision of the head of the council and treasurer of the city is final. They may consult with the provincial archivist on all matters of historical interest.
Routine correspondence: two years
Insurance policies, meter readings, resolutions: one year
Public works: unclassified projects - to be dealt with as determined by the head of the council and treasurer of the city.
Any city document or record of a nature or kind not described in any of the Schedules 1, 2, or 3 shall be either permanently retained or may be destroyed after the lapse of such period of time as is determined in writing by the head of the council and the treasurer of the city.
The council shall by by-law, make provision for the microfilming or photographic filming of every document or record mentioned or described, of a kind or class mentioned or described in the by-law.
By-law to accord with Evidence Act
The provisions of the by-law passed under subsection (2) shall be in accordance with the provisions of The Manitoba Evidence Act.
Where a city document or record has been, by by-law, required to be microfilmed or photographed as provided in subsection (2), a print from the microfilm or photographic film is admissible in evidence in all cases, and for all purposes, in or for which the document or record so microfilmed or photographed would have been admissible, if the person who caused it to be so microfilmed or photographed, or his successor in office, certified under his hand that it appears from the records of the city
(a) that the document or record of which the print purports to be a copy is, or was loans the time it was microfilmed or photographed, deposited, or on file, or held in his office or among the documents or records of the city;
(b) that the document or record of which the print purports to be a copy was caused to be microfilmed or photographed under authority of a by-law of the council, or the city; and
(c) that the print is made from the microfilm or photographic film respecting the document or record concerned that is on file in the city office.
Deposit in Provincial Archives
The council of the city may, by by-law, direct that any of the documents and records to which reference is made in clause (1)(a) be deposited for safekeeping with The Archives and Public Records Branch of the provincial government if the Archivist of that branch has stated in writing that he desires those documents and records to be so deposited; and any documents or records deposited shall be conclusively deemed to be retained for safekeeping as provided in clause (4)(a).
Deposit instead of destraction
Where the council of the city has under consideration the passing of a by-law under clause (1)(b), it may, by resolution direct that instead of destroying any or all of the documents and records the destruction of which is under consideration, they be deposited as provided in subsection (5), if the Archivist consents in writing to the deposit thereof.
Where, as provided in subsection (6), the Archivist consents to the deposit of some or all of the documents and records to which reference is made in that subsection, those documents and records shall not be destroyed but shall be deposited as aforesaid.
TAXATION OF THE CITY
Subject to subsections (2) and (3), the city is, and all real and personal property belonging to the city is, exempt from all taxes or rates levied by municipal corporations or local government districts, including school taxes.
The city and any municipality or local government district may enter into an agreement whereby the city binds itself to make annually a grant to the municipality or local government district in lieu of paying taxes; and the city may pay the amount that, under the agreement, it has agreed to pay.
Taxes payable in certain cases
The city shall annually pay to the following municipal corporations and local government district and their respective successors, by way of an annual payment in lieu of all such taxes or rates, the amount set opposite their respective names:
(a) The Rural Municipality of Springfield.........$15,000;
(b) The Rural Municipality of Tache...............$3,750;
(c) The Local Government District of Reynolds.........$2,500.
REVIEW OF ACT
The Lieutenant Governor in Council shall, as often as he considers it necessary,
(a) appoint a committee of such number of persons as he considers suitable; or
(b) appoint under Part V of The Manitoba Evidence Act, such commissioners as he considers suitable; to review the operation of this Act and the activities of the city under the Act, and to consider such other relevant matters as the Lieutenant Governor in Council may prescribe; and the committee or the commissioners shall report to the Lieutenant Governor in Council with respect to the matters referred to them and shall set forth in the report their findings and recommendations.
SECURITY GUARDS
The city may employ special watchmen who, within public parks and within such other properties owned by the city or over which it has jurisdiction, as may be specified by by-law of the council, shall enforce the law, including the by-laws of the city.
Authority and powers of watchmen
A watchman appointed under this section has, within any area or place in which he is authorized to act, all the authority and powers of, and is subject to the same liability and to the performance of the same duties as, a constable under The Provincial Police Act.
MUNICIPAL ACT
Where a provision of The Municipal Act is expressly made applicable to the former City of Winnipeg, that provision applies to the city, except in so far as it may be contrary to or inconsistent with a provision of this Act.
AREA MUNICIPALITIES
Reference to area municipality
Where in any other Act, order in council or regulation, reference is made to an area municipality, it shall be conclusively deemed to be a reference to The City of Winnipeg.
Successor to area municipalities
The city is the successor to and the continuation of each of the area municipalities.
Continuation of by-laws, resolutions
Notwithstanding the provisions of this Act and of any other Act, but subject to subsections 149(1) and 149(3) to (5) (offences and penalties), every by-law, regulation, resolution, order and plan in force in the city and the additional zone that was passed and approved under any of the Acts referred to in subsection 662(1) of The City of Winnipeg Act, S.M. 1971, chapter 105, or under The Municipal Act, continues in force in that portion of the city and the additional zone to which it formerly applied, until council directs that it ceases to have effect.
During the period that any part of the by-laws, regulations, resolutions, orders, or plans to which reference is made in subsection (3) continues in force, the council is responsible for their enforcement, and the council has all the rights and powers, and is charged with all the duties, possessed by or charged upon the authorities responsible for the enforcement and administration of those by-laws, regulations, resolutions, orders and plans, immediately before the coming into force of The City of Winnipeg Act, S.M. 1971, chapter 105.
Council may amend or repeal by-laws
The council may amend or repeal any of the by-laws, regulations, resolutions, orders and plans referred to in subsection (2) and may enact new by-laws, regulations, resolutions, orders and plans that relate to any of the matters dealt with by the by-laws, regulations, resolutions, orders and plans referred to in subsection (2).
EMPLOYEES OF AREA MUNICIPALITIES
Where, on the coming into force of The City of Winnipeg Act, S.M. 1971, chapter 105, the city employed a person who was, immediately before the coming into effect of that Act, permanently employed by an area municipality, board, commission, corporation, or other body, authority or organization whose jurisdiction and authority became vested in the council under that Act,
(a) the employee shall be deemed to have remained an employee of the former employer for the purpose of any sick leave credit plan of the former employer until a sick leave credit plan for the city employees was established;
(b) the city shall have provided for that employee, during the first year of the employment of the employee by the city, vacation and holidays with pay equivalent to those to which the employee would have been entitled if the employee had continued to be employed by the former employer; and
(c) all the other terms of employment of the employee, including the amount of remuneration and pension or superannuation rights and group insurance benefits, if any, shall be not less favourable than those enjoyed by the employee while in the employment of the former employer.
Subject to The Labour Relations Act, the certification of a bargaining agent that has, under that Act, been certified as the bargaining agent for employees in a bargaining unit who by this Act become employees of the city, shall continue in force as a certification of the bargaining agent for those employees in their capacity as employees of the city.
Continuation of actions against city
Where, on the coming into force of The City of Winnipeg Act, S.M. 1971, chapter 105, an action was pending against an area municipality, board, commission, corporation, or other body, authority or organization by which, immediately before that Act came into force, the service, utility, operation, system, undertaking, organization, or property to which that Act applied or related, was owned, operated, or controlled, the action may be continued against the city.
Continuation of actions by city
Where, on the coming into force of The City of Winnipeg Act, S.M. 1971, chapter 105, an action was pending by an area municipality, board, commission, corporation, or other body, authority, or organization by which, immediately before that Act came into force, the service, utility, operation, system, undertaking, organization or property to which the Act applied or related was owned, operated, or controlled, including proceedings for the expropriation of land, the action or proceedings may be continued by the city in its own name, but the law and procedure applicable thereto on the coming into force of that Act continues to apply until the completion of the action or proceedings.
Transfer and vesting of rights
All rights, claims, estates, property, debts, obligations and liabilities of, against, vested in, due or payable to or owing or payable by each of the area municipalities, immediately before the coming into force of The City of Winnipeg Act, S.M. 1971, chapter 105, are rights, claims, estates, property, debts, obligations and liabilities of, against, vested in, due or payable to or owing or payable by, as the case may be, the city.
Transfer of rights and liabilities
The city shall, in respect of the properly vested in it under The City of Winnipeg Act, S.M. 1971, chapter 105, have all the rights, powers, benefits and advantages conferred and be subject to all liabilities imposed, either by statute, by-law, contract, or otherwise upon the area municipality, board or commission in which the property was vested or which had jurisdiction over the property before the coming into force of that Act.
Proof of title to personal property
Where any personal property is vested in the city under this Act, it is sufficient to cite this Act to make proof of the title of the city to the property and its right to possession thereof.
LIBRARIES
Application of Public Libraries Act
Parts II (Municipal Public Libraries) and III (Regional Libraries) of The Public Libraries Act do not apply to the city, but the city is deemed to be a municipality within the meaning of that Act and public libraries within the city are deemed to be municipal public libraries within the meaning of that Act.
COMMUNITY CENTRES
Community centre boards continued
A community centre board in existence immediately before the coming into force of The City of Winnipeg Act, S.M. 1971, chapter 105, shall continue to supervise the operation of community centres for which they were responsible at that time.
BOARDS AND COMMISSIONS
Where, under this Act, the authority, powers, duties, or responsibilities of any board, commission, corporation or other body, authority, or organization are conferred or charged on the city, the boards, commissions, corporations or other body, authority, or organization shall continue until council determines otherwise and, subject to the other provisions of this Act, council may alter, amend revoke or enlarge the powers and jurisdiction of the boards, commissions, corporations or other bodies, including their membership.
Subject to the other provisions of this Act, all employees of the area municipalities and all employees of a board or commission immediately before the coming into force of The City of Winnipeg Act, S.M. 1971, chapter 105, continue to have the rights, privileges and duties provided in any Act referred to in subsection 662(1) of that Act, and in any other Act.
Boards and commissions continued
Where a board or commission has been continued under this Act. that board or commission shall be continued unless the council determines otherwise.
Termination of continued boards
The council may dissolve a board or commission continued under this Act at any time alter this Act comes into force; but the council shall not act under this section unless written notice of motion is provided the members of council at least 90 days before the dale of the meeting at which council considers the matter, or alternatively, at least 3/4 of the members of council agree to consider it, notwithstanding the lack of 90 days notice of motion.
ST. BONIFACE MUSEUM
The St. Boniface Museum Board shall continue to supervise the operation of museums for which it was responsible immediately before this Act came into force.
HEALTH UNITS
Notwithstanding any other provision of this Act, in that part of the city which, before January 1, 1972, was The City of Winnipeg, council shall be responsible for the health services formerly administered by The City of Winnipeg.
Notwithstanding any other provision of this or any other Act, the following local health units continue under The Health Services Act:
(a) The St. Boniface Local Health Unit No. 26.
(b) The St. James - St. Vital - Fort Garry Local Health Unit No. 25.
(c) The Kildonan - St. Paul Local Health Unit No. 23.
For the purposes of The Health Services Act and regulations and agreements made under it, the city is deemed to be the successor of the area municipalities within the local health units referred to in subsection (1) and shall recommend to the minister designated under The Health Services Act, the appointment of such members of the local health units as were previously recommended for appointment before the coming into force of this Act, by the councils of those area municipalities; provided that before making a recommendation under this subsection the council shall first consult with the appropriate community committees.
HOSPITAL COMMISSION
The Municipal Hospital Commission
The Municipal Hospital Commission of The City of Winnipeg is continued.
Notwithstanding any other provision of this Act, the council shall appoint the members of the commission and may delegate power to it to operate and administer hospitals owned by the city.
PENSIONS
Where a member of the council was formerly a member of a council of an area municipality and as such acquired pension benefits, the council of The City of Winnipeg may provide for the recognition of such benefits in the event council establishes a pension plan for the members of the council of the city.
SCHEDULE A
THE METROPOLITAN WINNIPEG ACT
Note: This re-enactment of Parts VII and VIII of The Metropolitan Winnipeg Act, here renumbered as Parts 1 and 2, is solely for the purpose of The City of Winnipeg Act (see subsections 445(2) and 554(2)). The Metropolitan Winnipeg Act, S.M. 1960, chapter 40, was repealed by The City of Winnipeg Act, S.M. 1971, chapter 105, subsection 662(1).
In this Act,
"area municipality" means a municipality that lies wholly or partly within the metropolitan area; («municipalité régionale»)
"corporation" means The Metropolitan Corporation of Greater Winnipeg; («corporation»)
"council" has the same meaning as "metropolitan council"; («conseil»)
"jurisdiction over" includes possession and control; («compétence»)
"metropolitan council" means the council for the corporation; («conseil de la conurbation»)
"work" includes buildings, walls, bridges, trestle work, dams, canals, locks, tunnels, subways, wharfs, piers, ferries, viaducts, aqueducts, embankments of streams, ditches, culverts, drains, sewers, vaults, mines, wells, roads, sidewalks, pathways, street railways, the lowers, poles, lines and equipment of transportation or transit systems, harbours, docks, booms, excavations, and fabrics made, built, constructed, erected, extended, enlarged, repaired, improved, formed, or excavated by means or with the aid of human skill and human, animal or mechanical labour. («ouvrages»)
PART 1
METROPOLITAN WATERWORKS SYSTEM
For the purpose of supplying to area municipalities water for the use thereof and of the inhabitants thereof, the corporation has all the powers conferred on a municipality under The Municipal Act or any other general Act or conferred, for that purpose, on any area municipality under the charter of a city in the metropolitan area or other special Act, respecting the establishment, construction, maintenance, operation, improvement and extension of a waterworks system.
Corporation has powers of G.W.W.D.
Without restricting the generality of subsection (1), the corporation has all the powers and rights conferred, but except as herein stated, not the duties or responsibilities charged, upon the Greater Winnipeg Water District under The Greater Winnipeg Water District Act immediately before the repeal of that Act, and in particular and without restricting the generality of the foregoing, under sections 3 and 4 of that Act; and, for the purpose of conferring those powers and rights on the corporation, that Act shall to that extent and notwithstanding the repeal thereof, be deemed to be in force.
Assets and liabilities of G.W.W.D.
All the assets of Greater Winnipeg Water District are, at the time of the coming into force of this Part, transferred to and vested in the corporation, and all the liabilities of Greater Winnipeg Water District existing at that time are charged on the corporation.
Assumption of jurisdiction over works
The metropolitan council may pass by-laws, each of which shall be effective on the date stated in them, assuming as part of the metropolitan waterworks system jurisdiction over such works for the production, treatment and storage of water owned by any area municipality as are specified in the by-law and over such trunk distribution mains connected therewith as are so specified and, on the day any such by-law becomes effective, the works and mains specified therein are vested in the corporation.
A by-law under subsection (1) shall specify and describe the works and trunk distribution mains jurisdiction over which is assumed.
For the purpose of subsection (1), a distribution main shall be deemed to be a trunk distribution main if so declared in the by-law assuming jurisdiction over it.
Where the corporation assumes jurisdiction over a work or trunk distribution main vested in an area municipality
(a) no compensation is, or damages are, payable to the area municipality;
(>(b)the corporation shall thereafter pay to the area municipality, before the due date, all amounts of annual interest and principal instalments, or annual interest and sinking fund instalments, including sinking fund instalments, becoming due upon any outstanding debentures issued by the area municipality in respect of that work or main, or becoming due in repayment of monies otherwise borrowed in respect of that work or main, as the case may be, and also any monies payable as bank charges or for foreign exchange in respect of payments of interest and principal under any such debentures;
(c) if the monies otherwise borrowed to which reference is made in clause (b) were borrowed by way of bank loan or overdraft, on application of the corporation, The Municipal Board, if satisfied that the monies were so borrowed, may direct the corporation to pay to the area municipality the full amount of the debt and to issue debentures for that purpose, and for that purpose the due date shall be deemed to be the date on which the corporation assumed jurisdiction over the work or main, as the case may be;
(d) the corporation shall, in respect of the work or trunk distribution main over which it has assumed jurisdiction, have all the rights, powers, benefits and advantages conferred, and be subject to all liabilities imposed, either by statute, by-law, contract or otherwise on the area municipality that had jurisdiction over the work or trunk distribution main before the corporation assumed jurisdiction over it.
Where the corporation fails to make a payment as required by clause (4)(b), the area municipality may charge the corporation interest at the rate of 0. 5% for each month or fraction of a month that the payment is overdue.
In the event of doubt as to whether any outstanding debenture or portion thereof was issued in respect of the work or trunk distribution main, jurisdiction over which is assumed, or whether other monies were borrowed in respect of that work or main, The Municipal Board, on application, may determine the matter, and its decision shall be final.
In this section, "works" means buildings, structures, plant, machinery, equipment and appurtenances, devices, conduits, intakes and outlets and underground construction and installations and other works designed for the production, treatment, and storage of water and includes lands appropriated for those purposes and uses, or any part of any things to which reference is made in this subsection.
For the purpose of this Part, pumping stations shall be deemed to be works for the production, treatment, and storage of water.
After the coming into force of this Part, no area municipality, except with the consent of the corporation, shall establish, enlarge, maintain, or operate any works for the production, treatment or storage of water.
Nothing in this section limits the powers of an area municipality respecting the use and distribution of water supplied to the area municipality by the corporation.
No municipality that is supplied with water by the corporation shall supply or agree to supply any of such water beyond the limits of the municipality without the approval of the metropolitan council.
Supply beyond boundaries required
The corporation may require an area municipality to supply water to an adjoining municipality or part of a municipality that is outside the metropolitan area if that municipality or part of a municipality is served by a water distribution system.
The municipality to which, or to part of which, water is supplied as required by the corporation under subsection (2) shall pay
(a) the cost of connecting its water distribution system to that of the area municipality, at the amount fixed therefor by the metropolitan council; and
(b) such price for the water delivered to its water distribution system as is fixed by the metropolitan council; subject to an appeal to The Public Utilities Board in respect of the cost and price fixed by the metropolitan council; and the decision of The Public Utilities Board is final and binding.
The metropolitan council may pass by-laws for regulating the time, manner, extent and nature of the supply of water from its water works system, and every other matter or thing related to or connected therewith that it may be necessary and proper to regulate in order to secure to the inhabitants of the metropolitan area a continued and abundant supply of pure and wholesome water, and to prevent the practising of frauds on the corporation with regard to the water so supplied.
Without restricting the generality of subsection (1), the metropolitan council may pass by-laws regulating or restricting in any way, and generally or for any specified period, the quantity of water that may be used, or the manner in which, or purpose for which, water may be used by all or any part of the inhabitants of the metropolitan area.
The metropolitan council may pass by-laws for the maintenance and management of its waterworks system, and may also, by by-law or resolution, fix the charges to meet the cost of any work or service done or furnished for the purpose of the supply of water and the rent of, or charges for, fittings, apparatus, meters or other things leased or furnished to any area municipality or person.
The metropolitan council may pass by-laws fixing the rates at which water will be supplied to the area municipalities, and the times and places when and where the rates are payable.
In fixing the rates, the metropolitan council may use its discretion as to the rate or rates to be charged to any area municipality, and may charge different rates to the various area municipalities.
Subject to subsection (4) and to section 14, the metropolitan council shall so fix the rates at which water is supplied to the area municipalities that the revenues of the metropolitan waterworks system will be sufficient to make the system self-sustaining after providing for such maintenance, operation, renewals, depreciation, debt charges and reserves as the council may think proper.
Alteration of rates to pay costs
The metropolitan council may increase or decrease the rates as it deems necessary or advisable and, in order to pay the cost of the matters for which, under subsection (3), provision must be made, may include in any levy made under section 35 such amount, for that purpose, as it deems to be required.
Note: the above reference is to section 35 of the original Act.
The corporation shall supply water to the area municipalities but, subject to subsections (2) and (3), shall not supply water to any other person.
Tire corporation may enter into a contract for the supply of water to any municipality outside the metropolitan area for its use or for resale to the inhabitants thereof for any period not exceeding 20 years, and may renew any such contract from time to time for further periods not exceeding 20 years at any one time.
Contract for supply to corporation
Where, in the opinion of the metropolitan council, a corporation or person having a plant or establishment outside the metropolitan area requires for the regular supply of that plant or establishment, a quantity of water that justifies the corporation in making an agreement under (his subsection for the supply thereof, the corporation may enter into a contract with that corporation or person for the supply of the water for a period not exceeding 20 years, and it may renew any such contract, as in the case of a contract made under subsection (2).
The corporation shall keep separate books and account of the revenues, expenditures, assets and liabilities of the metropolitan waterworks system.
Records of distribution systems
The corporation may require each area municipality to establish and maintain plans and records respecting its water distribution system, in such form, and containing such details, as may be prescribed by the corporation.
Notwithstanding any other Act of the Legislature, but subject to section 14, the revenues derived from the metropolitan waterworks system shall be applied only for,
(a) the reduction of any indebtedness assumed or incurred with respect to the system;
(b) the operation, maintenance, renewal, improvement or extension of the system; and
(c) the establishment of such reserve funds as the metropolitan council may deem proper, to be used at any future time for any purpose mentioned in clause (a) or (b) or for the stabilization of rates; and any surplus revenues not required for those purposes shall remain credited to the metropolitan waterworks system accounts and shall not form part of the general funds of the corporation.
The corporation is not required to levy any rate to provide for principal, interest or other payments on account of any debentures issued or assumed by the corporation for the purpose of the metropolitan waterworks system, except to the extent that the revenues of the system, together with funds available from reserve or surplus accounts are insufficient to meet the annual payments falling due on account of principal and interest on the debentures.
The monies forming part of a reserve fund established under subsection (1) shall be paid into a special account and may be invested in securities in which a trustee may invest under The Trustee Act, and the earnings derived from the investment of any such monies shall form part of the reserve fund.
Subject to section 14, the monies forming part of a reserve fund established under subsection (1) shall be applied or expended only for the purpose of the metropolitan waterworks system.
Sewerage cost and waterworks revenue
Notwithstanding any other provision of this Act, the metropolitan council may by by-law provide that the whole or part of the cost of maintaining and operating the metropolitan sewage disposal system shall be met from the revenues or reserve funds in respect of the metropolitan waterworks system and shall be charged as part of the operating costs of the metropolitan waterworks system.
Subject to section 22, the corporation may sell, lease or otherwise dispose of any real or personal property acquired, held or used for or in connection with the metropolitan waterworks system that, in the opinion of the metropolitan council, is no longer required for the purpose of the metropolitan waterworks system; but where the property is actually used for the purpose of the metropolitan waterworks system, no such sale, lease or other disposition shall be made without the approval of The Municipal Board.
The proceeds of any such sale, lease, or other disposition shall be applied first in redemption and payment of any indebtedness assumed or incurred in respect of the property disposed of, and the balance shall form part of the revenues of the corporation in respect of the metropolitan waterworks system.
The corporation is not liable for damages caused by the shut-off or reduction of the amount of water supplied to an area municipality or any person in cases of emergency or breakdown or when it is necessary in maintaining or extending the system; but the metropolitan council shall, wherever possible, give an area municipality reasonable notice of intention to shut off or reduce the supply of water.
Where the supply of water by the corporation to an area municipality is interrupted or reduced, the area municipality may, notwithstanding anything in any contract, allocate and distribute its available water among its customers, and may interrupt or decrease the delivery of water under any contract; and nothing done under this subsection shall be deemed to be a breach of contract, or entitle any person to rescind a contract, or release a guarantor from the performance of the guarantor's obligation.
Damages caused by quality of water
The corporation is not liable for damages caused by the quality or content of water supplied unless the water does not meet the accepted standards of purity as approved by the Minister of Health.
The corporation is not liable for damages caused by
(a) the breaking, by reason of accident, of
(i) a trunk distribution main;
(ii) any works, as defined in subsection 4(7), jurisdiction over which has been assumed by the corporation under section 4; or
(b) the necessity of making repairs to any such main or works.
Submission of plans to council
Each area municipality, prior to the construction of a local water distribution works, excluding services to premises, shall submit plans thereof to the metropolitan council, or to such officer of the corporation as the metropolitan council may designate, for approval.
Approval of extensions and connections
No area municipality or person shall connect or continue a connection of a local water distribution works, or any part thereof, to a work or main of the corporation without the approval of the metropolitan council.
By-law for establishing standards
After the enactment of a by-law to which reference is made in this subsection, no area municipality shall construct or extend any local water distribution works that are not in conformity with standards which may be established by by-law of the corporation incorporating the recommendations of the committee for the appointment of which provision is made in subsection 33(1).
The corporation may provide in any by-law enacted under subsection (3) for the inspection of any such local works.
An engineer or other officer of the corporation may, at all reasonable times, inspect the plans and specifications of any work to which reference is made in subsections (1) to (3) and may inspect the work during its construction and before it is connected with the metropolitan waterworks system.
Bringing local works into conformity
Where an area municipality refuses or neglects for a period of not less than six months to bring its local water distribution works into conformity with standards established under subsection (1), the corporation, after the expiry of that period and after giving at least six months' notice in writing to the area municipality requiring it to remedy the default, may cause to be done such work as is necessary to bring the local water distribution works into conformity with the prescribed standards, and may charge the cost of the work to the area municipality; and the amount charged is a debt due from the area municipality to the corporation and may be collected in any manner in which any other debt of an area municipality to the corporation may be collected.
Where the council of an area municipality considers itself aggrieved by the refusal of the corporation or the metropolitan council
(a) to assume jurisdiction over a local work as part of the metropolitan waterworks system;
(b) to construct an extension of the metropolitan distribution system;
(c) to maintain or increase the supply of water to the area municipality;
(d) to approve the construction or extension of any local water distribution works by the area municipality; or
(e) to permit the connection or the continuance of a connection to the metropolitan system; the council may appeal to The Municipal Board, which may make such order as it deems advisable in the matter, and its decision shall be final.
All rates and charges against an area municipality imposed under the authority of this Part are a debt of the area municipality to the corporation; and the treasurer of an area municipality shall pay that debt to the treasurer of the corporation at the times, and in the amounts, specified by by-law of the metropolitan council.
The council may, by by-law, provide for uniform rates of discount for prompt payment of charges for water supplied to the area municipalities and may, by by-law, provide for the payment of interest in the event of default at a rate not exceeding 0. 5%, for each month or fraction thereof that the default continues.
Transfer of rights over works assumed
The corporation has, in respect of all works and trunk distribution mains jurisdiction over which is assumed as part of the metropolitan waterworks system, all the rights, powers, benefits and advantages conferred, by by-law or contract or otherwise, upon the area municipality or area municipalities with respect to the works or mains before jurisdiction over them was assumed by the corporation; and the corporation may sue upon those rights, or under those by-laws or agreements, in the same manner and to the same extent as the area municipality or area municipalities might have done if jurisdiction over the works or mains was not assumed.
A person authorized for the purpose by the metropolitan council shall have free access, on reasonable notice given and request made, to all works for the production and distribution of water within an area municipality and to all lands, buildings and premises used in connection therewith; and the person shall have the right, on the like notice and request, to inspect and copy all plans, records and specifications and other information relating to the construction, extension or maintenance of any such local works.
Reversion where mains not required
Where
(a) jurisdiction over a distribution main that was constructed by an area municipality is assumed by the corporation under section 4;
(b) in the opinion of the metropolitan council, the distribution main is no longer required for the purpose of the metropolitan water works system; and
(c) in the opinion of the metropolitan council or of the council of the area municipality in which the distribution main is situated, or both, it is required as a local distribution main by the area municipality; the metropolitan council shall, by by-law, remove the main from the metropolitan water works system and transfer it to the area municipality, and the area municipality shall thereupon be vested with jurisdiction over that main and be responsible for it.
A by-law to which subsection (1) refers shall specify and describe the distribution main to be removed from the metropolitan water works system and transferred to the area municipality.
Powers returned to municipalities
Where a distribution main is removed from the metropolitan water works system and transferred to an area municipality under subsection (1), the municipality to which the distribution main is transferred has, with respect to such distribution main, all the rights, powers, benefits and advantages conferred, and is subject to all the liabilities imposed, by statute, by-law, contract or otherwise on the corporation.
No compensation to corporation
Where a distribution main is transferred to an area municipality by by-law under subsection (1), no compensation is, or damages are, payable to the corporation.
Liability for debenture payments
Subject to subsections (6) and (7), where a main is transferred to an area municipality under subsection (1) and there are outstanding debentures issued by the municipality in respect of that work or distribution main, the corporation is not thereafter liable to pay to the area municipality any amount of principal and interest or sinking fund instalments becoming due in repayment of monies borrowed in respect of that work or distribution main, as the case may be.
Where a main transferred under subsection (1) is greater in size than is required by the area municipality as a local distribution main, the corporation may continue to pay to the area municipality before the due date such proportion of the amounts of principal and interest, including sinking fund instalments becoming due on any outstanding debenture issued by the area municipality in respect of that distribution main, as may be agreed on between the corporation and the area municipality.
Where the corporation and the area municipality cannot agree on the proportion of the amounts of principal and interest, including sinking fund instalments that should be paid under subsection (6), The Municipal Board, on application, may determine the matter and its decision shall be final and binding on the corporation and the area municipality.
The works and mains jurisdiction over which is assumed by the corporation under section 4, together with any extension thereof or addition thereto constructed by the corporation, may be used by the corporation for the purpose of supplying and distributing water to any or all of the area municipalities and, subject to subsections 10(2) and (3), to any municipality outside the metropolitan area.
Nothing in this Part or done under, or arising from the operation of, this Part limits, interferes with, or adversely alters or otherwise affects the rights of a person who is the owner of a debenture issued by Greater Winnipeg Water District; and notwithstanding any repeal of The Greater Winnipeg Water District Act enacted by this Act, all rights, powers and privileges of any such owner continue as if that Act were not repealed.
PART 2
METROPOLITAN SEWAGE DISPOSAL SYSTEM
DIVISION 1
In this Part,
"land drainage" means storm, surface, overflow, sub-surface, or seepage waters or other drainage from land, but does not include sewage; («eaux d'écoulement»)
"metropolitan system" means the metropolitan sewage disposal system; («réseau de la conurbation»)
"pumping well" means any chamber, manhole or other structure used for the installation of portable or temporary pumping equipment; («puits de pompages»)
"sewage" means domestic sewage or industrial wastes, or both; («eaux usées»)
"sewage works" means an integral system consisting of a sewer or sewer system and treatment works; («station d'épuration des eaux d'égout»)
"sewer" means a public sewer for common usage for the purpose of carrying away sewage or land drainage, or both; («égout»)
"sewer system" means a system of two or more interconnected sewers having one or more common discharge outlets and includes pumping plant, force mains, siphons and other like works; («réseau d'égout»)
"treatment works" means buildings, structures, plant, machinery, equipment, devices, intakes and outfalls or outlets and other works designed for the interception, collection, settling, treating, dispersing, disposing or discharging of sewage or land drainage, or both, and includes land appropriated for such purposes and uses; («stations de traitement de l'eau»)
"work" means a sewer, sewer system, sewage works or treatment works. («ouvrage»)
For the purpose of this Part, a sewer, sewer system or sewage works, whether existing or proposed, shall be deemed to be a trunk sewer, trunk sewer system or trunk sewage works, if so declared by by-law of the metropolitan council.
For the purpose of collecting or receiving sewage and land drainage into the metropolitan system either from an area municipality or, by agreement, from any other municipality, and the treatment and disposal thereof, the corporation has all the powers conferred by any general Act upon a municipal corporation and by any special Act upon an area municipality, and in particular and without restricting the generality of the foregoing, may construct, maintain, improve, repair, widen, alter, divert and stop up trunk sewers, trunk sewer systems, trunk sewage works and treatment works, and the corporation shall be deemed always to have had this power.
Without restricting the generality of subsection (1), the corporation has all the powers and rights conferred but, except as herein stated, not the duties or responsibilities charged, upon Greater Winnipeg Sanitary District under The Greater Winnipeg Sanitary District Act immediately before the repeal of that Act, and in particular and without restricting the generality of the foregoing, under sections 3 to 6 and 9 of that Act; and, for the purpose of conferring those powers and rights on the corporation, that Act shall, to that extent and notwithstanding its repeal, be deemed to be in force, and the corporation shall be deemed always to have had these powers.
Notwithstanding anything contained in this Act or in The Expropriation Act, the corporation may enter upon, take and use any land required by it under this Part, at any time, either before or after the commencement of expropriation proceedings as hereinafter provided.
Assets and liabilities of G.W.S.D.
All the assets of Greater Winnipeg Sanitary District are, at the time of the coming into force of this Part, transferred to, and vested in, the corporation, and all the liabilities of Greater Winnipeg Sanitary District existing at that time are charged on the corporation.
Jurisdiction over treatment works
The metropolitan council may pass by-laws, each of which shall be effective on the date stated therein, assuming, as part of the metropolitan sewage disposal system, jurisdiction over such treatment works owned by any area municipality as are specified in the by-law and, on the day any such by-law becomes effective, the treatment works specified therein are vested in the corporation.
The metropolitan council may pass by-laws, each of which shall be effective on the date stated therein, for assuming jurisdiction over such trunk sewers, trunk sewer systems, flood pumping stations, pumping wells or control gates, owned by any area municipality as are specified in the by-law; and on the day any such by-law becomes effective, the works specified in the by-law are vested in the corporation.
A by-law under subsection (1) or (2) shall specify and describe the works jurisdiction over which is assumed.
Where the corporation assumes jurisdiction over a work vested in an area municipality,
(a) no compensation is, or damages are, payable to the area municipality;
(b) the corporation shall thereafter pay to the area municipality, before the due date, all amounts of annual interest and principal instalments, or annual interest and sinking fund instalments, including sinking fund instalments, becoming due on any outstanding debentures issued by the area municipality in respect of that work, or becoming due in repayment of monies otherwise borrowed in respect of that work, as the case may be, and also any monies payable as bank charges or for foreign exchange in respect of payment of interest and principal payable under any such debentures;
(c) if the monies otherwise borrowed to which reference is made in clause (b) were borrowed by way of bank loan or overdraft, on application by the corporation, The Municipal Board, if satisfied that the monies were so borrowed, may direct the corporation to pay to the area municipality the full amount of the debt and to issue debentures for that purpose, and for that purpose the due date shall be deemed to be the date on which the corporation assumed jurisdiction over the work; and
(d) the corporation shall, in respect of a work over which it has assumed jurisdiction, have all the rights, powers, benefits and advantages conferred, and be subject to all liabilities imposed, either by statute, by-law, contract or otherwise on the area municipality that had assumed jurisdiction over the work before the corporation assumed jurisdiction over it.
Where the corporation fails to make any payments as required by clause (4)(b), the area municipality may charge the corporation interest at the rate of 0. 5% for each month or fraction of a month that the payment is overdue.
In the event of any doubt as to whether any outstanding debenture or portion thereof was issued in respect to the work, jurisdiction over which is assumed, or whether other monies were borrowed in respect of that work, The Municipal Board, on application, may determine the matter and its decision shall be final.
After the coming into force of this Part, no area municipality shall establish, enlarge, maintain or operate a treatment works without the approval of the metropolitan council.
The metropolitan council may pass by-laws for the maintenance and management of the metropolitan sewage disposal system and regulating the manner, extent and nature of the reception into the metropolitan system and disposal of sewage and land drainage from the area municipalities and every other matter or thing related thereto or connected therewith.
Where, in the opinion of the metropolitan council, an area municipality or a portion thereof will or may derive a special benefit from the construction and operation of a work, the council may, with the approval of The Municipal Board, by by-law provide that the area municipality shall be chargeable with, and shall pay to the corporation, such portion of the capital cost thereof as is specified in the by-law; and the by-law shall be binding on the area municipality.
Where debentures are or have been issued for the cost of the work, the area municipality chargeable under the by-law shall make payments to the corporation with respect to the debentures proportionate to its share of the capital cost as set out in the by-law, in the same manner as if debentures for that share had been issued by the corporation for the purposes of the area municipality.
Raising of money by area municipality
The area municipality may pay the amounts chargeable to it under this section out of its general funds or, subject to the approval of The Municipal Board, may pass by-laws under Part VIII of The Municipal Act, or if it is a city, under any applicable provision of its charter, for imposing sewer rates to recover the whole or part of the amount chargeable to the area municipality in the same manner as if the work were being, or had been, constructed, extended or improved by the area municipality.
For the purpose of recovering a portion of the capital cost of the metropolitan sewage disposal system as that cost may exist from time to time, the metropolitan council may, by by-law, impose on any person, firm or corporation applying for a permit to construct or enlarge a building, and who applies to connect directly to either a municipal sewer or to the metropolitan sewage disposal system, a connection charge or charges payable by a sum of money to the corporation.
By-law on methods and procedures
In a by-law passed under this section, the metropolitan council shall set forth
(a) methods of calculating the charges imposed by the by-law, which may vary in accordance with the occupancy, use, size or other characteristic of the building in respect of which the charge is made; and
(b) methods and procedures for collecting the charges imposed by the by-law.
The council shall, after the first and before the second reading of a by-law being enacted under this section, give public notice
(a) that on a day, and at a time and place, stated in the notice, a hearing will be held at which all persons desiring to make representations against, or in respect of, the by-law or any part thereof will be heard; and
(b) stating that a copy of the by-law may be inspected by any person at a place, and at times, stated in the notice.
The notice mentioned in subsection (3) shall be given by publishing a copy thereof in at least two newspapers having a general circulation in the metropolitan area once each week for at least two weeks before the hearing.
On the day, and at the time and place stated in the notice, the council shall sit and hear any person who appears and desires to make representations either on the person's own behalf or on behalf of another.
The council may hear all representations on the same day or, if it thinks it advisable, adjourn from time to time until all representations are heard; and if the hearing of representations is adjourned, the council may subsequently sit and hear the representations at such time and place as it may decide.
On completion of the hearing, the council shall decide on the action to be taken and may without further notice give second reading to the by-law or amend the by-law and thereupon give second reading to the by-law.
Forthwith after giving second reading to the by-law, the council shall forward a copy of the by-law to The Municipal Board and shall not give third reading to, or finally pass, it until The Municipal Board approves it.
Forthwith after forwarding a copy of the by-law to The Municipal Board under subsection (8), the council shall cause the notice to be sent by registered mail to all persons who made representations under subsection (5), stating that
(a) council has given second reading to the by-law;
(b) a copy of the by-law has been forwarded to The Municipal Board for its approval; and
(c) any person who has made a representation under subsection (5) may file an objection to the by-law in writing with The Municipal Board on or before a date specified in the notice.
The date specified in the notice mentioned in subsection (9) shall be at least 14 days after the date on which the notice is mailed.
Where no written objection to the by-law is received by The Municipal Board on or before the date specified in the notice given under subsection (9), The Municipal Board may by its order approve the by-law.
Approval where no representations
Where no person appears at the hearing of council held under subsection (5) to make representations in respect of the by-law, The Municipal Board, forthwith on receiving the by-law, may by its order approve the by-law.
Where The Municipal Board receives an objection to the by-law on or before the date specified in the notice given under subsection (9), it shall
(a) fix a date, time, and place for the hearing of the objection;
(b) give not less than 14 days' notice thereof, in writing, to the person objecting and to the corporation, and such notice as it considers adequate to any other person whom it deems should receive notice thereof;
(c) on the date, and at the time and place stated in the notice, sit and hear any person who appears and desires to make representations on the person's own behalf, or on behalf of another, in the matter; and
(d) give a decision making such order in the matter as it deems proper, and the order is final and binding on all persons and not subject to appeal.
Corporation may be represented
Any person authorized by the council for that purpose may appear before The Municipal Board at all hearings concerning the objection, and has the rights of a party to the objection to submit evidence and present argument.
By-law to conform with decision
Where the decision of The Municipal Board with respect to an objection is that the by-law should be amended, the council shall cause the by-law to be amended to conform with the decision of The Municipal Board.
Board decision on amended by-law
Where The Municipal Board is satisfied that the amended by-law conforms with its decision, it may issue an order to that effect; and if The Municipal Board is not satisfied that the by-law conforms with its decision, it may refer the amended by-law back to the council for such further amendment as is necessary to make the by-law conform with its decision.
Where The Municipal Board issues an order under subsection (16), its decision is final and binding on all persons and is not subject to appeal.
The connection charge imposed under a by-law enacted under this section is a special charge over and above all other rates and charges.
Purpose for which money to be used
The monies received by the corporation as connection charges under a by-law enacted under this section shall be used for the purposes mentioned in subsection (1) and not otherwise.
A by-law enacted under this section does not apply to, or impose any charge in respect of, applications for connection where there is in existence a private waste disposal system serving the property that has been approved either by the corporation or by some other public authority, prior to the coming into force of this section.
Connecting to metropolitan system
No municipality or person shall connect any local work, local watercourse, private drain or private sewer to the metropolitan system without the approval of the metropolitan council and no area municipality shall, after the enactment of a by-law to which reference is made in this subsection, construct any work that is not in conformity with standards that may be established, by by-law of the metropolitan council, incorporating the recommendations of a committee of five engineers appointed by the council, of whom three shall be representative of the area municipalities and two shall be representative of the corporation.
Agreements with other municipalities
The corporation may enter into a contract with any municipality outside the metropolitan area to receive and dispose of sewage and land drainage from the municipality, on such terms and conditions as may be agreed upon, for any period not exceeding 20 years; and it may renew any such contract for further periods not exceeding 20 years at any one time.
Where a person or corporation has a plant or establishment outside the metropolitan area and, in view of the volume of the sewage from that plant or establishment, it is, in the opinion of the council, necessary or advisable that the plant or establishment should be connected to the metropolitan system, the corporation may enter into a contract with that person or corporation to receive and dispose of sewage from the plant or establishment for a period not exceeding 20 years; and it may renew any such contract as in the case of a contract made under subsection (2).
Any engineer or other officer of the corporation may, at all reasonable times, inspect the plans and specifications of any work to which reference is made in subsection 33(1) or in section 35, and may inspect the work during its construction and before it is connected with the metropolitan system.
The metropolitan council may pass by-laws establishing standards for, and regulating and governing the design, construction and maintenance of, local works connected or to be connected, to the metropolitan system, and every area municipality shall conform to any such by-law.
No area municipality shall, without the approval of the metropolitan councilenlarge, extend or alter any local work or watercourse that discharges into the metropolitan system.
Where the council of an area municipality considers itself aggrieved by the refusal of the corporation or the metropolitan council,
(a) to assume jurisdiction over any local work as part of the metropolitan system;
(b) to construct, extend or improve any part of the metropolitan system;
(c) to receive any required volume of sewage or land drainage from the area municipality;
(d) to approve the construction, alteration, improvement or extension of a local work; or
(e) to permit a connection, or the continuance of a connection to the metropolitan system; the municipal council may appeal to The Municipal Board which may make such order as it deems advisable in the matter, and its decision shall be final.
Subject to section 14, the metropolitan council may, by by-law, in each year apportion among the area municipalities from which, or from any part of which, sewage or land drainage is received into the metropolitan sewage disposal system, in such proportions as the council, in its absolute discretion, deems reasonable, the annual cost of maintaining and operating the metropolitan system, including the amount required that year to be paid in respect of the debt incurred on account thereof, together with such further and other amounts as are payable by each area municipality for back payments under any agreement respecting back payments made between the area municipality and Greater Winnipeg Sanitary District that is in force on the coming into force of this Part.
Excess of revenues or expenditures
Any excess of revenues over expenditures in any year may be used to provide a reserve for any of the lawful purposes of the system; and any excess of expenditures over revenues in any year may be charged to existing reserves, and any excess not so charged shall be provided for in the next annual levy to be made.
Levying of cost in annual levy
Notwithstanding subsection (1), the council may, by by-law, provide that all or any part of the annual cost of maintaining and operating the metropolitan sewage disposal system, but not including other amounts payable under an agreement to which reference is made in subsection (1), may be included in the amount for which an annual levy is made under section 35.
Note: the above reference is to section 35 of the original Act.
Amount is debt of municipality
An amount apportioned to an area municipality under subsection (1) constitutes a debt of the area municipality to the corporation and is payable at such times, and in such amounts, as may be specified by by-law of the metropolitan council.
Notwithstanding the repeal of The Greater Winnipeg Sanitary District Act enacted by this Act, section 7 (regulating discharge) of that Act applies, with such modifications as the circumstances require,, to the corporation and the area municipalities and, in particular
(a) subject to clause (c), substituting the words "metropolitan area" for the word "district";
(b) interpreting the word "corporation" to mean the corporation established under this Act; and
(c) in clause (a), substituting the words "metropolitan area or additional zone" for the word "district", and interpreting that clause so that the part following "adjacent to the district" is not applicable under this Act.
Notwithstanding the repeal of The Greater Winnipeg Sanitary District Act enacted by this Act, section 13 of that Act applies, with such modifications as the circumstances require, to the corporation and the area municipalities and in particular
(a) interpreting the word "corporation" to mean the corporation established under this Act;
(b) interpreting the words "the board or any commissioner" to mean any member of the metropolitan council; and
(c) interpreting the words "this Act" to mean "this Part".
The corporation has, in respect of all works jurisdiction over which is assumed as part of the metropolitan sewage disposal system, all the rights, powers, benefits and advantages conferred either by by-law, contract or otherwise upon the area municipality or area municipalities or Greater Winnipeg Sanitary District, with respect to those works before jurisdiction over them was assumed by the corporation; and the corporation may sue upon those rights or under those by-laws or agreements in the manner, and to the same extent, as the area municipality or area municipalities or Greater Winnipeg Sanitary District might have done if jurisdiction over the works had not been assumed.
Any person authorized for the purpose by the metropolitan council shall have free access from time to time, upon reasonable notice given and request made to all works within an area municipality, whether privately owned or not, and to all lands, buildings and premises used in connection therewith and the right, upon the like notice and request, to inspect and copy all plans, records and specifications and other information relating to the construction, extension or maintenance of any such local works.
Any works, jurisdiction over which is assumed by the corporation under the authority of section 28, together with any extensions or additions thereto constructed by the corporation, may be used by the corporation for the purpose of receiving and disposing of sewage and land drainage from any or all of the area municipalities and, subject to subsection 33(2), from any municipality outside the metropolitan area.
Nothing in this Part or done under, or arising from the operation of, (his Part limits, interferes with, or adversely alters or otherwise affects the rights of any person who is the owner of a debenture issued by Greater Winnipeg Sanitary District; and notwithstanding any repeal of The Greater Winnipeg Sanitary District Act enacted by this Act, all rights, powers and privileges of any such owner continue as if that Act had not been repealed.
Sewage from other municipalities
No municipality, the sewer system or sewage works of which is or are connected to the metropolitan system, shall receive, or agree to receive into its sewer system or sewage works any sewage from another municipality without the approval of the metropolitan council.
The corporation may require any area municipality to receive into the sewer system or sewage works operated by it sewage from any other area municipality.
Payment of cost of receiving sewage
A municipality from which sewage is received into the sewer system or sewage works of another area municipality as required by the corporation under subsection (2) shall pay
(a) the cost of connecting its sewer system or sewage works to that of the other area municipality, at the amount fixed therefor by the metropolitan council; and
(b) such sewage service rates in respect of the sewage received as are fixed by the metropolitan council; subject to an appeal to The Public Utilities Board in respect of the cost and rates fixed by the metropolitan council; and the decision of The Public Utilities Board is final and binding.
Records of area municipalities
The corporation may require each area municipality system to establish and maintain plans and records respecting its sewer system or sewage works in such form, and containing such details, as may be prescribed by the corporation.
DIVISION 2
No person shall in the metropolitan area construct, install, excavate, have or use any building or other structure, plant, pit, tank, receptacle or other means, method, or system of receiving, treating or disposing of sewage without the approval of the metropolitan council.
Powers of corporation re pollution
The corporation has general supervision and control, in the metropolitan area and the additional zone, over all matters concerning the pollution of, or the discharge or draining of sewage or waste into, any body of water therein.
In the metropolitan area and the additional zone, the corporation has all the powers and authority that, under The Pollution of Waters Prevention Act, The Provincial Sanitary Control Commission has in respect of any other part of the province.
In the exercise of its powers under this Division, the corporation acts directly under the general control and direction of the Minister of Health and Public Welfare and, subject as herein provided, shall conform to the Minister's lawful directions and carry out the Minister's lawful instructions in respect of any matter to which this Division applies.
Prohibition re sewage and waste
Notwithstanding any other Act of the Legislature, without a subsisting licence from the corporation, no person, either directly or indirectly,
(a) shall discharge or drain, or cause or permit to be discharged or drained, any sewage into any body of water in the metropolitan area or the additional zone; or
(b) shall leave, deposit, or throw or permit or cause to be left, deposited or thrown, any manure, night soil, decayed or decaying matter or other sewage or the carcass or offal of any animal or fish or part thereof, or any lime, chemical substances, drugs, poisonous matter, garbage, refuse, cans, bottles, rubbish or any other filthy or impure matter of whatsoever kind, within two chains of the normal high water mark of any body of water or into the waters of, or upon the ice of, any body of water in the metropolitan area or the additional zone.
The licence to which reference is made in subsection (1) may be issued by a person appointed by the metropolitan council for that purpose, or by that person's deputy or assistant, if so provided by the council, on such terms and conditions as the council may, by by-law, prescribe.
Any person who violates clause 50(1)(a)is guilty of an offence; and each day's continuance of the act or default out of which the offence arises constitutes a separate offence.
The Pollution of Waters Prevention Act
Except as herein expressly otherwise provided, The Pollution of Waters Prevention Act does not apply in the metropolitan area or in the additional zone.
SCHEDULE B
THE GREATER WINNIPEG SANITARY DISTRICT ACT
Note: This re-enactment of parts of The Greater Winnipeg Sanitary District Act is solely for the purposes of The City of Winnipeg Act: subsection 445(2) refers to portions of The Metropolitan Winnipeg Act, which in turn refers to this Act in several provisions. The Greater Winnipeg Sanitary District Act, R.S.M. 1954, chapter 106, was repealed by The Metropolitan Winnipeg Act, 1960, chapter 40, section 211.
This Act may be cited as "The Greater Winnipeg Sanitary District Act".
In this Act,
"board" means the administration board; («conseil»)
"corporation" means Greater Winnipeg Sanitary District, constituted by this Act; («corporation»)
"highway" means road, street, lane, thoroughfare or other means of communication dedicated to the public use, and includes a bridge, subway, pier, square or public place, and road improvements thereon dedicated to the public use; («route»)
"land" includes land, messuages, tenements and hereditaments, corporeal or incorporeal, of every kind and description, whatever the estate or interest, whether legal or equitable; («terres»)
"municipality" includes a rural municipality, a city incorporated by special charter or otherwise, a town, village and suburban municipality and, where the context requires, includes the area comprised in a municipality; («municipalité»)
"person" includes a corporation aggregate or sole; («personne»)
"river" includes a brook, lake, pond, creek, stream, waterway, water course or canal, or flowing water; («cours d'eau»)
"sewage disposal system" or "sewage disposal works" or "system" or "works" or "undertaking" includes channels, drains, ditches, sewers, intercepting sewers, sewage treatment and disposal plants, pumping stations, outlets for carrying off, treating and disposing of drainage and sewage, ancillary electrical plants, and other works constructed, operated or maintained by the corporation, and all necessary machinery, appliances, plant and equipment; («réseau d'évacuation des eaux d'égout», «installations d'évacuation des eaux usées», «usine», «réseau» ou «ouvrages»)
"sewered area" means land within the district for the serving of which municipal sewers, whether used or not, are from time to time available. («région desservie»)
The corporation shall have all the rights, and be subject to all the liabilities, of a corporation that the common law ordinarily attaches to corporations incorporated by royal charter under the Great Seal and, without restricting the generality of the foregoing, may acquire, hold and alienate real and personal estate for its purposes and, by the same name, it and its successors shall have perpetual succession; and it may sue and be sued, implead and be impleaded, answer and be answered unto, in all courts and in all actions, causes, suits and proceedings at law, and in equity; and it shall have a common seal, with power to alter and modify it loans its will and pleasure; and it shall be in law capable of receiving by donation, acquiring, holding, disposing of and conveying any property, real or personal, for its use, and of becoming a party to a contract or agreement in the management of its affairs, and generally may do all things necessary to attain its objects and, to the extent they are applicable, shall possess the incidental and ancillary objects and purposes set out in form "D" in the schedule to The Companies Act.
OBJECTS AND POWERS OF CORPORATION
The general purpose and object of the corporation shall be to promote the public health and welfare by providing an adequate and efficient system and means of regulating, collecting, conveying, pumping, treating and disposing of, all domestic sewage and commercial and industrial wastes and their products within the district.
The corporation
(a) shall be responsible for the prevention of pollution of any body of water within the district and for the prohibition, regulation and control of the discharge of sewage or waste into sewers within the district or into any body of water within the district;
(b) may, by order, require a person or municipality within the district who or which is polluting a body of water within the district, or discharging or draining sewage or waste into a sewer within the district, or into a body of water within the district, to abate, control, discontinue or stop the polluting, discharging or drainage;
(c) may grant licences to persons or municipalities within the district, for such period of time as the corporation may determine, and subject to such conditions and restrictions as it may prescribe, permitting the discharge or drainage or sewage or waste into any sewers within the district, or into any body of water within the district, and may cancel, revoke or suspend a licence at any time, for any reason that to the corporation may seem fit;
(d) may extend an existing interceptor sewer in the district conveying untreated sewage and waste to the sewage disposal works of the corporation, to connect with sewers discharging untreated sewage or waste into a body of water within the district;
(e) in order to treat conveniently and economically sewage produced within the district, may, subject to subsection (2), construct one or more auxiliary treatment plants, which shall be operated, managed and maintained by the district and be situated either inside or outside the district;
(f) may construct sewage, screening and cutting stations on or in connection with sewage or waste outlets in the district that are permitted to discharge untreated sewage or waste into a body of water within the district, under a licence issued by the corporation.
Construction of sewage disposal system
The corporation may within, or partly within and partly without, the district, design, construct, build, purchase, acquire, take over, improve, maintain, manage, operate and conduct a sewage disposal system or systems and obtain sites for, lay out, establish, construct, operate and maintain, and provide for the laying out, establishing, constructing, operating and maintaining of sewage disposal works.
Acquisition of sewage disposal system
The corporation may acquire, take over, maintain, operate and conduct any sewage disposal system or systems within, or partly within and partly without, the district, designed, constructed and built wholly or partially by any governments or municipalities or by both, and may assume and take over any unpaid liabilities incurred in connection therewith, and may reimburse any government or municipality for moneys expended in and about such construction not made under regulations, agreements or legislation governing unemployment relief, and may reimburse any government or municipality for moneys advanced that, by the terms of an agreement between municipalities and any government or governments, require to be reimbursed.
The total of such liabilities and reimbursements shall be treated as capital costs by the corporation.
Regulation of discharge of wastes
The corporation may
(a) prohibit, regulate and control the discharge of sewage or factory or industrial wastes into sewers within or entering the district, or within the district into a river that flows through or adjacent to the district and, if so authorized by order of The Provincial Sanitary Control Commission, prohibit, regulate and control the discharge of sewage or factory or industrial wastes within a radius of 10 miles beyond the limits of the district into a river that flows through or adjacent to the district;
(b) prohibit, regulate and control the discharge into a sewer within or entering the district, or the discharge within the district into a river flowing through or adjacent to the district, by any person, whether within or without the district, of any sewage or factory or industrial wastes, and require the person to treat sewage and wastes at the point of origin, or to pay, in addition to rental charges hereunder, such annual or quarterly charges on account of the nature of the sewage or wastes as the corporation may from time to time consider just and equitable;
(c) prescribe and enforce regulations for the supervision, protection and management of the sewage disposal works as it may consider expedient;
(d) make, promulgate and enforce such regulations as are necessary to carry out the provisions of this Act according to their intent or to meet cases that may arise and for which no provision is made in this Act.
Power to alter existing sewers
The corporation may, having constructed or acquired a sewage disposal system, enter upon any land, within or without the district, make alterations, changes or modifications in the sewer system of a municipality within the district, and connect it with the sewage disposal system, all at the expense of the corporation; and it may require a municipality, under its supervision and according to its directions, to alter, change and modify the sewer system of the municipality, and to connect it with the sewage disposal system, all at the expense of the corporation.
The corporation may enter into or upon any land, buildings or premises within the district to inspect any private sewage disposal plant, examine, test, sample or measure any sewers, sewer connection, sewage or wastes, water supply or water or plumbing fixtures or generally to acquire information requisite or expedient for the carrying out of its purposes, objects, powers, functions or duties, and a municipality within the district shall have the like powers within its territorial limits for the carrying out of its purposes, objects, powers, functions or duties under this Act.
Municipalities required to use system
The corporation having constructed or acquired a sewage disposal system, all municipalities within the district shall use the system in the disposition of the sewage and wastes collected by them when required by the corporation and in accordance with its regulations.
Each municipality within the district shall bill and collect moneys as sewer rentals from the owners or occupants of property within its territorial limits or within its sewered area, sufficient to meet its allocation and to make up a deficiency of sewer rentals in a previous period and to meet the costs and expenses of the billing and collecting of rentals in the manner prescribed by a by-law of the municipality or of the corporation affecting it, or both.
Where an action or suit is brought against a person or against the corporation or the board
(a) for anything done under this Act; or
(b)for indemnity for any damages or injury sustained by reason of, or caused by, or arising from, the construction, existence, maintenance or operation of any of the properties, works, plants, equipment or appliances of the corporation; it shall be brought within six calendar months after the act committed, or the cause of action arising or, where there is a continuation of damage, within one year after the original commencement of the damage.
No action, proceeding or arbitration proceeding for damages, compensation or injunction on account of nuisance or anything in the nature of nuisance, or for injuriously affecting any property or interfering with the comfort of a person, shall be brought, instituted or commenced against the corporation or a member of the board or a commissioner, officer, servant or agent, by any person by reason of anything that is done by the corporation without negligence, and that is authorized or required under this Act to be done by the coiporation.
SCHEDULE C
THE GREATER WINNIPEG WATER DISTRICT ACT
Note: This re-enactment of parts of The Greater Winnipeg Water District Act is solely for the purposes of The City of Winnipeg Act: subsection 554(2) refers to portions of The Metropolitan Winnipeg Act, which in turn refers to this Act in several provisions. The Greater Winnipeg Water District Act, R.S.M. 1954, chapter 107, was repealed by The Metropolitan Winnipeg Act, 1960, chapter 40, section 211.
This Act may be cited as "The Greater Winnipeg Water District Act".
In this Act,
"board" means the administration board of the corporation; («conseil»)
"commissioner" means a member of the board of commissioners; («commissaire»)
"corporation" means Greater Winnipeg Water District as heretofore incorporated and established, and as continued under this Act; («corporation»)
"land" does not include buildings or improvements; («terres»)
"municipality" includes a rural municipality, a city incorporated by special charter or otherwise, a town, village and suburban municipality or any part thereof, and, where the context requires, includes the area comprised in a municipality; («municipalité»)
"waterworks" means the works, lands, plant, property, goods, chattels and equipment of the corporation whereby it achieves or gives effect to, or attains, its objects or exercises its powers as set out in this Act. («installations de distribution d'eau»)
The corporation has all the rights, and is subject to all the liabilities, of a corporation; and especially may acquire, hold, and alienate both real and personal estate for all its purposes, and by the same name it and its successors shall have perpetual succession, and it may sue and be sued in all courts and in all actions, causes and suits at law and in equity.
The corporation shall
(a) have a common seal with power to alter and modify it;
(b) be in law capable
(i) of receiving by donation, acquiring, holding, disposing of, and conveying property, real or movable, for the use of the corporation, and
(ii) of becoming a party to any contract or agreement in the management of the affairs of the corporation.
The corporation may design, construct, build, purchase, improve, add to, extend, hold and generally maintain, manage and conduct waterworks and all buildings, matters, machinery and appliances therewith connected or necessary thereto, including plants and equipment considered necessary for furnishing power for the operation of the waterworks.
The corporation may construct, acquire, maintain and operate, a railway or tramway, to be operated by steam, electricity, gasoline or other motive power, with all required motive power, rolling stock and other appliances, matters or things required for the construction, maintenance and operation of a railway or tramway.
Any such railway or tramway shall run from a point in or near the City of Winnipeg and in a general easterly and south-easterly course to a point at or near the eastern boundary of the province.
Agreements respecting running rights
The corporation may enter into agreements
(a) to give to a person, firm, corporation or municipality, operation privileges or running rights over the whole or a portion of any such railway or tramway;
(b) to obtain, from a person, firm, corporation or municipality, operation privileges or running rights over a portion or portions of a railway owned or operated by the person, firm, corporation or municipality.
The corporation may acquire, construct, maintain and operate branch lines or spur tracks, not exceeding 10 miles in length, from any point or points on its railway or tramway; and for that purpose the corporation has the same rights, powers and authorities, and shall make to the proprietors of any land taken for that purpose, compensation in the same manner as if the branch line or spur hack were part of the main line.
Management of land and power to sue
The corporation shall have full, entire and exclusive possession, control and management of the said land, undertakings and waterworks, and all things appertaining to them, and may prosecute or defend an action, suit or process at law or in equity, against or by a person
(a) for money due for the use of water;
(b) for the breach of a contract, expressed or implied, touching the execution or management of the works or the distribution of the water, or of a promise or contract made to or with the person;
(c) for any injury, damage, trespass, nuisance or other wrongful act done, omitted or suffered to the land, works, water courses, sources of water supply, pipes, machinery or apparatus belonging to or connected with any part of the works; or
(d) for an improper use or waste of the water.
The corporation may acquire, by purchase, lease or otherwise, timber berths or leases, and quarrying leases and quarries, from Her Majesty in right of Manitoba or from any other person, firm or corporation; and the corporation may hold, own, and operate them, and sell, transfer, assign, lease or sublet them.
The corporation may generally do all things necessary to attain its objects and to carry on its affairs.
Application of Corporations Act
To the extent they are applicable, the corporation shall possess the incidental and ancillary objects, purposes and powers set out in Form "D" of The Companies Act.
The objects of the corporation shall be the supplying of water from any permanent source, whether inside or outside the province, for the use of the inhabitants of the district and others, for all purposes.
Operation outside the province
The corporation may extend its operations and exercise its powers outside the limits of the province, subject to its obtaining any legal rights that may be required therefor from Her Majesty in right of Canada or in right of any other province, or from the Parliament of Canada or the Legislature of any other province or from any other legal authority.
EXPROPRIATION POWERS
The corporation may, through its agents, servants and workers, at such times as it sees fit, enter into and upon the lands of a person, body politic, collegiate or corporation, and survey, set out, and ascertain such parts as it may require for the objects, undertakings, purposes or requirements of the corporation, or for the purpose of waterworks, or for the purpose of conveying electric motive force or other power for the operation thereof or for the purpose of a tramway or railway and their maintenance and operation, and may take, use, acquire, expropriate and hold any such land, and may also divert and appropriate any spring, stream or body of water on the land as it shall judge suitable and proper.
Notwithstanding anything contained in this Act or The Expropriation Act, the corporation may enter upon, take and use any land required by it, at any time either before or after the commencement of expropriation proceedings as provided in this Act.
The corporation shall pay to the owners or occupiers of the land entered upon, taken and acquired and held under subsections (1) and (2), and to persons having an interest or right in the water diverted or appropriated, reasonable compensation for land or any privilege that may be required for the purposes of the waterworks, or for the conveying of electric motive force or power, or for the tramway or railway and maintenance and operation of them.
In case of a dispute between the corporation and the owner or occupier of any such land, or any person having an interest in any such water of the natural flow of water, or in any such privilege, respecting the value thereof, or as to the damages the expropriation causes or will cause to them, or otherwise, the dispute shall be decided by arbitration and the corporation shall have the rights and be subject to the obligations applicable to a municipal corporation as provided in The Expropriation Act.
An appeal lies to The Court of Appeal for Manitoba in the manner provided by The Arbitration Act from an award, order or direction made, or purporting to be made by an arbitrator.
Arbitration proceedings not to delay
The progress of the works or undertakings of the corporation shall not be hindered, enjoined or delayed in any way, or by a court, on account of a pending arbitration or dispute or disagreement as to damages or value regarding any privilege, water or land entered upon or taken for the purpose of the undertakings authorized by this Act.
Powers to construct pipe lines, etc.
The corporation may construct, erect, and maintain, in and upon any land taken or acquired by it, all such reservoirs, dams, conduits, water-works and machinery and plant and equipment of every kind, requisite for its undertakings, and may convey the waters in, upon, or through any of the grounds and lands lying intermediate between the reservoirs and waterworks of the district and the springs, streams, rivers or lakes, from which they are procured, by one or more lines of pipes or conduits, as may from time to time be found necessary.
For better carrying out and accomplishing the objects, undertakings and requirements of the corporation and for better effecting the above purposes, the corporation, its agents, servants and employees may
(a) enter and pass upon and over the grounds and lands intermediate, as referred to in subsection (1), and dig up, repair or cut them, if necessary;
(b) lay down the pipes and install the plant and equipment through them and in, upon, over, under and through the highways, railway, roads, and in, through, over or under the public ways, streets, street railways, lanes or other passages in the district and in, upon, through, over or under, the land, grounds, and premises of a person, body corporate, politic or collegiate;
(c) set out, ascertain, use and occupy, such part thereof as the corporation considers necessary and proper
(i) for the making, draining and maintaining of the works, plant and equipment;
(ii) for the protection of them;
(iii) for preserving the purity of the water supply;
(iv) for taking up, removing, altering or repairing the works, plant and equipment; or (v) subject to this Act, for distributing water to the inhabitants of the district or for the use of the district or any part of it or of the proprietors or occupiers of land within five miles of a pipeline of the corporation;
(d) for those purposes, sink and lay down pipes, trunks, reservoirs and other conveniences; and
(e) alter any of the works, plant and equipment, as well in the position as in their construction, as to the board seems necessary.
The corporation shall do as little damage as may be in the execution of the powers granted to it under this Act, and shall make reasonable and adequate satisfaction to the proprietors, which in case of disagreement is to be ascertained by arbitration, as set out in this Act.
Power to use streets and highways
Without diminishing the rights of the corporation granted by this Act, the corporation shall have free right of way in or under road allowances, highways, streets and lanes for the construction and maintenance of the pipe lines of the corporation, and for plant and equipment used for the purposes of that construction or maintenance.
No compensation or damages shall be due or payable by the corporation to a person, firm, corporation or municipality for or on account of the use or occupation by the corporation of a road allowance, highway, street or lane for the purposes of construction of a main conduit of the corporation or a direct main therefrom to a municipality, or for or on account of the permanent use or occupation by the corporation of a road allowance, highway, street or lane for the purpose of construction of a main conduit of the corporation or a direct main therefrom to a municipality, or for or on account of the permanent use or occupation by the corporation of a road allowance, highway, street or lane as a right-of-way for the main conduit of the corporation or for a direct main therefrom to a municipality; but the corporation shall replace, repair or make adequate compensation for any works of any municipality on, in or under any such road allowance, highway, street or land that may be dug up, removed, displaced or damaged by the corporation by the construction of a main conduit of direct main; and the amount of any such repair, replacement or compensation shall be ascertained in case of disagreement by arbitration, as set out in this Act.
Indemnification of municipalities
If a municipality is held liable for damages, arising from anything done or omitted to be done by the corporation, by a court of competent jurisdiction in an action to which the corporation is a party, the corporation shall indemnify and save harmless the municipality therefrom, including any costs incurred by the municipality in regard to the action.
The commissioners, and a person authorized by the board of commissioners for the purpose, may have free access at proper hours of the day, and on reasonable notice given and request made for that purpose, to all parts of a building or premises into which water is delivered, whether by the board of commissioners or a municipality and, at the same hour with like notice, may enter into and upon the land and buildings of a person or corporation for the purpose of electing water meters, and for the purpose of inspecting or altering meters.
All material procured or partially procured under contract with the corporation, and on which the corporation has made advances in accordance with the contract, shall be exempt from seizure under execution.
Approval to scheme of water supply
No scheme of water supply shall be adopted, or contract for the purchase of land or proceedings toward the acquisition of land entered into, and no construction of any works or purchase of plant or machinery shall be undertaken by the corporation without the direction and approval of the board.
Except for emergent repairs, no contract shall be made for any work or for the supply of goods or material, the value or price of which is to exceed the sum of $2, 000. unless the board, by notice published at least seven days before making the contract, calls for tenders, to be sent to the board, for the performance of the work or the supply of the goods or material, at prices to be named by the tenderer.
All tenders received shall be considered before the contract is made.
Subject to The Public Health Act and regulations made under that Act, the corporation may introduce fluorides into the water supplied to the municipalities comprised within the district.
WATER DISTRICT
When a municipality, other than the Town of Transcona, has a daily consumption of 200, 000 gallons or over, it may, be resolution of its council, request the board to construct a main from the nearest convenient point in the main conduit to the boundary of the municipality, and the corporation shall forthwith construct the main; and half of the amount required annually to pay the portion of the expenditure of the corporation for the construction, that consists of interest and payment into a sinking fund or repayment of principal, shall be borne by the land in the municipality taxable under this Act, and shall be added to, and form part of, the levy to be made on the land, and the other half shall be borne and paid by the corporation.
Construction of pumping stations
A municipality requesting the construction of a main under subsection (1) may erect, at or near the point in the main conduit where the connection is made, the necessary machinery to increase the pressure at the expense of the municipality; and may for that purpose, use and occupy any land of the corporation adjacent to the point where the main leaves the main conduit, subject to the requirements of the corporation; and the municipality may also enter upon, take, purchase or expropriate land required, other than die land of the corporation, as if the land were situated within the municipality.
The Town of Transcona may erect, at or near the point in the main conduit where the connection for the supply of its water service is made, the necessary machinery to increase the pressure, at the expense of the municipality, and may, for that purpose, use and occupy any land of the corporation adjacent to the point where the main leaves the main conduit, subject to the requirements of the corporation; and the Town of Transcona may also enter upon, take, purchase or expropriate land required, other than land of the corporation, as if the land were situated within the town.
Duty of Winnipeg and St. Boniface
With a view to avoiding the cost of direct mains from the conduits of the corporation to the following municipalities, the cities of Winnipeg and St. Boniface shall respectively assume the duty of delivering and, by means of their respective present or future mains and works of sufficient capacity, shall convey and deliver the full amount of water required by the respective municipalities from time to time:
(a) as to the City of Winnipeg, at the respective boundaries of the rural municipalities of St. James, East Kildonan, West Kildonan and Fort Garry, and the Town of Tuxedo;
(b) as to The City of St. Boniface, at the boundary of the Rural Municipality of St. Vital.
Rate chargeable for delivery of water
Water shall be conveyed and delivered under subsection (I), by the cities of Winnipeg and St. Boniface not under pressure, and at the rate of five cents per 1, 000 gallons or such lesser rate as may be agreed upon by the cities, or either of them, and the corporation from time to time.
Delivery after change of boundaries
If the boundary of a municipality is changed in such a manner (hat part of the land included within the district and also situated within the municipality is in one municipality and a part in another municipality, the municipality within which is situated the land included within the district lying nearest to the main conduit of the corporation shall assume the duty of delivering and, by means of its respective present of future mains or works of sufficient capacity, shall convey and deliver the full amount of water required by the municipality or municipalities in which the part of the land forming part of the district lying further from the main conduit is situated from time to time, at the respective boundaries of the last mentioned municipalities.
Rate chargeable for water delivery
Water shall be conveyed and delivered under subsection (1), not under pressure and at the rate of five cents per 1, 000 gallons, or such lesser rate as may be agreed on, for the conveying and delivering.
Rate as a liability of corporation
The rate mentioned in subsection (2) shall be paid by the corporation and shall be a liability and disbursement of and by the corporation as part of the cost of maintenance, operation and management of the undertaking.
This section applies in the case of a change in the boundaries of a municipality made by, under, or by virtue of an Act of the Legislature.
Where a municipality refuses to take from the corporation the water necessary for its purposes within its limits, if the corporation is ready to supply the water, the municipality shall pay to the corporation the loss resulting from the refusal, and in the case of disagreement, the amount shall be fixed by The Public Utility Board.
Where corporation not to supply water
The corporation shall not sell or dispose of water within a part of a municipality that may be receiving or ready to receive water from the corporation other than to that municipality, unless the municipality consents to it; but in case of an emergency, the corporation may sell or dispose of water in any part of such a municipality that is not included in the district.
Where municipality not to supply
No municipality shall supply, sell or dispose of water received by it, directly or indirectly, from the corporation, to any part of a municipality that is not within the district; or to any other land or premises not within the district, except with the consent of, and under the terms of an agreement with, the corporation; but on the giving of such a consent and the making of such an agreement, any of the municipalities may so supply, sell and dispose of the water.
Special powers for supply of water
Notwithstanding anything in this Act, the corporation may sell, supply and deliver water to a person, firm or corporation outside the district at a price that may be agreed upon and, for the purpose of supplying and delivering the water, the corporation shall have, and may use and exercise all powers conferred on it by this Act, both inside and outside the district.
Use of system of other municipalities
For the purposes mentioned in subsection (1), the corporation may use the water distribution system of a municipality so far as it extends or is required, on terms to be agreed on between the corporation and the municipality or, in case of disagreement, on terms to be determined by The Public Utility Board on application to the board by a party to the disagreement.
If, in the exercise of its powers by the corporation for the purposes mentioned in this section, a disagreement arises between the corporation and a municipality as to whether the corporation shall construct and use its pipe lines or the distribution system of the municipality, or partly the one and partly the other, the disagreement shall be determined by The Public Utility Board on application to the board by a party to the disagreement.
Notwithstanding any other provision of this Act, the board may, by resolution, at any time it considers necessary or advisable, restrict the use of water, either inside or outside the district, in such manner, and for such period of time, as it sees fit; and the board may, by resolution, delegate its powers under this section to the commissioners.
Where an action or suit is brought against a person or the corporation for anything done under this Act. or for indemnity for damage or injury sustained by reason of, or caused by, or arising from, the construction, existence, maintenance or operation of the waterworks or of any of the properties, works, plants, equipment or appliances of the corporation, it shall be brought within the six calendar months after the cause of action arises or, if there is a continuation of damages, within one year after the original cause of action arises.