S.M. 1989-90, c. 72
Bill 101, 2nd Session, 34th Legislature
The City of Flin Flon Act
(Assented to March 15, 1990)
WHEREAS the Minister of Justice has caused this Act to be prepared in English and French for re-enactment in accordance with a judgment dated June 13, 1985 and an order dated November 4, 1985 of the Supreme Court of Canada;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
This Act may be cited as "The Flin Flon Charter".
In this Act,
"city" means The City of Flin Flon; («Ville»)
"corporation" means the municipal corporation of The City of Flin Flon; («corporation»)
"council" means the municipal council of The City of Flin Flon. («conseil »)
The City of Flin Flon, as constituted on the coming into force of this Act, is continued as a body corporate.
Any alteration of the boundaries of The Town of Flin Flon by section 4 of The Flin Flon Charter, S.M. 1954, chapter 43, shall not in any manner affect the provisions of an agreement dated March 31, 1949, between the Province of Manitoba, The Town of Flin Flon, the School District of Flin Flon No. 2228, the Hudson Bay Mining and Smelting Co., Limited, and Community Development Company Limited.
The city shall have the power to employ such persons as in its opinion are necessary to fulfill its duties under this Act.
The powers of the city under this Act shall be exercised by the council.
The mayor and members of the council and the officers, by-laws, contracts, property, assets, and liabilities of the city when this Act comes into force, shall be the mayor and members of the council and the officers, by-laws, contracts, property assets and liabilities of the city as continued under this Act.
The city shall not be divided into wards for election or any other purpose and the council of the city shall consist of the mayor, who shall be the head of the council and the chief executive officer of the corporation, and six councillors elected from the city at large.
The council may by by-law provide that taxes are due and payable at par during such months of the year in which they are imposed as is fixed in the by-law.
The council may provide by by-law that a discount be allowed on taxes, or on any portion of taxes, that are due and payable, and paid before the first day of the month in which the taxes are due and payable at par, and the discount shall not exceed an amount equal to 1% per month.
The council may provide by by-law that a penalty be added to taxes that are unpaid after the last day of the month in which current taxes are due and payable at par, as provided in a by-law enacted under section 8, and the penalty shall not exceed 1% per month of the unpaid taxes.
The council may provide by by-law that the penalty established under section 10 be added
(a) on the first day of each month after the month in which the current taxes are payable at par; or
(b) if a by-law is enacted under section 9, to the tax roll for the next year, as an amount equal to the total penalty, compounded monthly, that would accrue on the unpaid taxes up to and including the month in which taxes for the next year are due and payable.
The city may provide by by-law that no person, firm or corporation shall in any year carry on a business subject to business tax if the person, firm or corporation is in default in the payment of any business tax assessed, or of any fee or tax in lieu of business tax, for the previous year, or part of the year, and the city has issued a warrant of distress for the fee or tax due and no sufficient distress was found from which the amount owing, including the costs of distress and sale, can be levied.
The city may impose a penalty for a breach of any by-law passed under the provisions of subsection (1) and, in any prosecution for breach of the by-law, every day on which a person or firm carries on business contrary to subsection (1) shall constitute a separate offence.
The city shall not be liable for damage caused by the breaking of any service pipe or attachment, or for any shutting off of water to repair mains or to tap pipes.
The city may pass by-laws for installing, maintaining, regulating and charging fees for the use of parking meters in any or all streets of the city, except that all fees obtained by the city through parking meters above the sum used for the retirement of the purchase price of the meters and their maintenance from time to time shall be kept in a separate fund to be spent for the improvement of motor traffic and parking facilities in the city, and no withdrawals from the fund may be made under the authority of the mayor and council for any other purpose.
Notwithstanding the provisions of this Act, the town has the power to enter into agreements with the Hudson Bay Mining and Smelting Co., Limited for the payment, by the company to the town and to the Flin Flon School District No. 46, in lieu of all taxes of any kind on any of the company's property, of a sum of money to be agreed upon, and any such agreement in effect is hereby ratified.
All contracts entered into by the Municipal District of Flin Flon and The Town of Flin Flon prior to June 26, 1970 are hereby declared to be valid and subsisting and the city shall assume the obligations under the contracts and shall be entitled to receive the benefits from the contracts as if the city was one of the original parties to them.
Nothing in this Act shall be interpreted to mean that an existing agreement, or anything contained in an agreement, between the town and Hudson Bay Mining and Smelting Co., Limited is cancelled or amended, but any such agreement shall continue in full force and effect.
NOTE: The original Act is found at S.M. 1954, chapter 43. Sections 17 and 18 were enacted as Sections 13 and 15 of "An Act to Amend The Flin Flon Charter", S.M. 1970, chapter 112 which came into force on June 26, 1970. In this Act, "town" refers to The Town of Flin Flon, which was incorporated by the 1954 Act, and which became The City of Flin Flon in the 1970 amending Act.