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S.M. 1991-92, c. 15
Bill 35, 2nd Session, 35th Legislature
The City of Winnipeg Amendment Act
(Assented to July 26, 1991)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The City of Winnipeg Act is amended by this Act.
The Table of Contents is amended
(a) by striking out "15 Building Standards 470-494" and substituting the following:
15 Building Standards 470-493.1
15.1 Waterways 494-494.91;
(b) by striking out "20 Environment City Plans 574-666" and substituting the following:
20 Planning and Development 574-653.
Section 1 is amended by adding the following in alphabetical order within the section:
"designated employee" means an employee of the city designated by council to carry out a responsibility under this Act; («employé désigné»)
Section 20 is amended by striking out "subsection 580(3)" and substituting "section 640".
Clause 36(c) is amended by striking out "zoning changes" and substituting "developments under Part 20,".
Clause 58(2)(a) is amended by adding ", other than an auditor," after "employee".
Subsection 98(8) is amended by striking out "91" and substituting "96".
Subsection 149(1) is amended
(a) in clause (a), by striking out "Part 15" and substituting "Part 15.1";
(b) in clause (b), by striking out "a provision of a zoning agreement entered into under section 605" and substituting "a provision of a development agreement entered into under section 591".
Subsection 155(1) (warrants) is amended
(a) in clause (e), by striking out "484" and substituting "493";
(b) by adding the following after clause (e):
(e.1) section 494.82 (waterways);
(c) in clause (g), by adding "or" after "(utilities);";
(d) by repealing clause (h) and substituting the following:
(h) subsection 598(1) (development).
(e) by repealing clause (i).
Clause 159(1)(a) is amended by adding "and buildings" after "land".
Clause 159(2)(a) is amended by striking out "zone the land in any manner in which the council considers" and substituting "classify the land in any manner council considers to be".
The following is added after section 195:
Council may limit business tax increase
Notwithstanding a provision in this Act or any other Act to the contrary, council may by by-law limit the amount of increase in business tax that council determines has resulted from business re-assessment or the annual rate of business tax prescribed under subsection 180(2), and council may limit the amount of the increase for any year or years for a class of business or a group of businesses, on such terms and conditions as council may set out in the by-law.
Subsection 208(1) is amended by striking out "the provisions of subsection 191(1)" and substituting "section 189".
Sections 411 to 413 (dyking, rivers and streams) are repealed.
Section 426 (frozen waterways) is repealed.
The following is added after section 437:
In subsection (2) and in sections 438 to 440, "owner" has the same meaning as it has in section 470.
Section 483 is amended
(a) by striking out the section heading preceding it and substituting "By-laws on unsanitary buildings";
(b) by renumbering it as subsection 437.1(2).
Sections 470 to 482, 484 to 494 rep. and sub.
The heading for Part 15, and sections 470 to 482, and 484 to 494 are repealed and the following is substituted:
BUILDING STANDARDS
In sections 470 to 481.1,
"building permit" means a permit issued under a by-law passed under section 472 for the construction of a building or part of a building; («permis de construction»)
"commission" means the Winnipeg Building Commission established under section 479; («commission»)
"construction" includes
(a) excavating, removing, filling or back-filling for the purpose of preparing a site in respect of a building or a proposed building,
(b) building, extending, enlarging or placing a building,
(c) altering, repairing, reconstructing an existing building,
(d) moving a building from one site to another site,
(e) underpinning the foundation of an existing building,
(f) installing equipment in a building, and
(g) such other work in respect of a building as council specifies by by-law; («construction»)
"demolition" includes removing equipment or fixtures, in whole or in part, dismantling, and such other work in respect of a building as council specifies by by-law; («démolition»)
"demolition permit" means a permit issued under a by-law passed under section 472 for the demolition of a building or part of a building; («permis de démolition»)
"equipment" includes plumbing pipes and electrical wiring, fire alarm, sprinkler, air conditioning and other services, meters, appliances, devices, machines or apparatuses, and fixtures and installations related to any of them; («équipement»)
"occupancy permit" means a permit issued under a by-law passed under section 472 for the occupancy of a building or part of a building; («permis d'occupation»)
"owner" means a person, or the agent of a person, who owns, manages or is in possession of land or a building, or who is in receipt of the whole or a part of any rents or profits therefrom, whether the rents and profits are received on the person's own account, or as agent or trustee for another person; ("propriétaire")
"plan", when used in respect of construction, includes specifications and a description that is drawn or written. («plan»)
By-laws to adopt building standards
Council may pass by-laws not inconsistent with an Act of the Legislature or a regulation made under an Act of the Legislature, to prescribe, regulate and enforce standards for buildings, building materials and equipment.
By-laws on permits to construct, demolish, occupy
Council may pass by-laws
(a) respecting the issuance and cancellation of permits for the construction and the occupancy of a building, or part of a building, and to specify the duration of permits;
(b) setting fees, or a method for computing fees, to be paid for permits, including additional fees where incorrect information is provided on an application for a permit, or where construction is commenced without a permit, and specifying the method of enforcing payment of fees;
(c) prohibiting and preventing the construction, occupancy or demolition of a building, or any part of a building, or a change in the use of a building, except in conformity with by-laws and with plans for the building that are filed with the designated employee, and except as authorized by a permit;
(d) respecting the issuance and cancellation of permits for the demolition of a building or part of a building, subject to any conditions prescribed by council;
(e) requiring an applicant for a building permit to designate the purpose for which the building is to be used, and regulating or prohibiting the use of the building for any other purpose;
(f) prohibiting the issuance of a permit in respect of equipment or construction that does not comply with a by-law, or with an Act or regulation of the province or of Canada;
(g) establishing requirements and procedure in respect of the hearing of objections by a designated committee under section 480.
No person shall begin or carry on any construction or demolition without a permit for the purpose obtained in accordance with by-laws.
Powers of council respecting buildings
Council may pass by-laws
(a) to regulate the construction, occupancy and demolition of buildings;
(b) to classify buildings according to use, capacity, location, number of storeys, or on any other basis that council considers advisable, and to regulate each class of buildings as council considers advisable;
(c) to require an owner, architect, engineer, contractor or builder, or an agent of any of them, who contracts for, performs or supervises construction, or provides an approval or certification under this Part, to give in writing, over his or her signature if so required by the designated employee, all information within his or her knowledge or power to obtain in respect of the cost of the construction;
(d) to authorize inspections and tests that are considered necessary by the designated employee in the enforcement of a by-law, and to require the production of a plan and other information respecting a building that is constructed or proposed to be constructed;
(e) to charge fees for inspections and tests, whether made by an officer or employee of the city or some other person or body on the instructions of the city, including additional fees where more than one inspection is required, or where work that is required by an inspector is not done in accordance with a by-law, and to require payment of fees in advance;
(f) without affecting any other remedy that the city may have, to prevent the use or occupancy of a building that does not comply with a by-law or that in the opinion of a designated employee is constructed in contravention of a by-law;
(g) to provide that a part of a building or a detail of construction that is not dealt with in a by-law shall require the approval of the designated employee;
(h) to authorize the designated employee to modify or vary a requirement in a by-law, other than a by-law referred to in section 479 where, in the opinion of the designated employee, a modification or variation will allow substantial compliance with the by-law;
(i) to provide that no building shall be, or continue to be, put to certain uses unless alterations are made to it, or equipment installed in it, as required by by-law;
(j) to require, and to carry out, the removal from any premises of unsafe electrical or other equipment, and to provide for its disposal;
(k) to require the owner of a building to comply within a reasonable time with a written notice given by the designated employee to bring the building into conformity with a by-law passed under this Part, as specified in the notice; and to provide that the omission to give notice does not prevent an owner or other person from prosecution for contravening or failing to comply with the by-law;
(l) to prohibit the repair or alteration of a building where, in the opinion of the designated employee, the building is dilapidated or damaged to an extent that it cannot reasonably be made to comply with the building standards of the city by repair or alteration;
(m) to prohibit the demolition or removal of a building that is situated on land on which there are arrears of taxes, or that is sold for taxes and not redeemed, without the prior approval of council, and subject to any condition set by council;
(n) to authorize the complete or partial demolition or removal, at the expense of the owner, of a building that in the opinion of the designated employee is constructed in contravention of a by-law, and to provide that the cost thereof, as certified by the designated employee, be added to the taxes on the land occupied by the building and collected in the same manner as other taxes;
(o) to set out requirements respecting plans for construction and demolition;
(p) to require that plans be prepared and affixed with a seal, that the construction to which the plans relate be inspected, by an engineer or architect entitled to practice in the province, and that the engineer or architect certify that the construction complies with by-laws and the approved plans, and that materials used for the construction comply with by-laws;
(q) to designate employees of the city to administer and enforce the by-laws.
By-laws on equipment and materials
Subject to The Electricians' Licence Act and The Manitoba Hydro Act, council may, with respect to equipment installed on or in buildings, pass by-laws
(a) respecting the regulation and inspection of electrical generators and motors, and of wires and equipment that conduct electric current for heat, light, power or other purposes;
(b) prescribing methods, conditions and equipment for the safety of workers, property and the public;
(c) prohibiting the use of materials or methods of installation and construction that are or may be unsafe or dangerous;
(d) prohibiting the installation or use of equipment that is or may be unsafe, and respecting the disconnection or removal of such equipment;
(e) prescribing fees to be paid by the owner of premises that are inspected;
(f) charging the cost of an inspection to the owner or user of an item that is inspected;
(g) classifying, regulating and licensing persons who are engaged in any work of construction, including electrical and plumbing contractors;
(h) prescribing the qualifications of persons to whom clause (g) applies;
(i) requiring a bond from a person to whom clause (g) applies, for the performance of the work in a safe and thorough manner and in compliance with Acts of the Legislature and by-laws;
(j) regulating and prohibiting the installation and operation of generating systems for light, heat, power or other purposes, and of works and equipment connected to generating systems;
(k) prohibiting the use of materials and of methods of installation, storage, construction or operation that council considers injurious, or potentially injurious, to health or safety;
(l) respecting the inspection of the systems, equipment, conditions, materials, and methods to which reference is made in clauses (b), (j) and (k).
By-law on buildings conservation list
Council may pass by-laws establishing a list of buildings that council considers to be of special architectural or historic interest, and respecting
(a) criteria and procedure for determining whether a building should be added to the list;
(b) limits on the construction, demolition or occupancy of a building on the list;
(c) the issuance of permits, including any terms and conditions, and the cancellation of permits, in respect of the construction, demolition or occupancy of a building or any part of a building on the list; and
(d) criteria and procedure for the removal of a building from the list.
PLAN EXAMINATION
Approval by designated employee
The city shall cause the plans for any construction or demolition to be examined by the designated employee to determine whether the plans are in accordance with by-laws; and a permit shall not be issued for construction or demolition unless the plans for it are approved by the designated employee.
Matters to which examination relates
The examination required under subsection (1) shall relate to the materials and methods to be used, and the work to be done, in the construction or demolition.
CONFIDENTIALITY OF INFORMATION
Employees not to divulge information
Subject to subsection (2), information that is furnished under clause 473(1)(c) shall be treated as confidential by the designated employee and persons who are employed by the city, and the information shall not be divulged to a
person who is not employed by the city except to give evidence in court in a proceeding to recover fees or charges owing to the city under this Part.
Information on permit that may be given
Nothing in subsection (1) prohibits the designated employee from providing information, to a person who requests it, on the number of a permit that is issued under this Part, its date of issue, a description of the land and the proposed construction, the name and address of the owner and builder, the total estimated cost of the construction, and any name given to the project by the person who applies for the permit.
Report of offence to associations
Notwithstanding subsections (1) and (2), where the designated employee believes on reasonable grounds, after an inspection of a plan or other information provided under this Part, that an offence has been committed under The Engineering Profession Act or The Architects Act, he or she may bring the information to the attention of the Association of Professional Engineers of the Province of Manitoba or The Manitoba Association of Architects.
Information to be given on request
Where the Association of Professional Engineers of the Province of Manitoba or The Manitoba Association of Architects commences an investigation of any work that a professional engineer or architect submits to the city under this Part, the city shall make the work available to the association on its request.
No action against city or employees
No action lies against the city, or an agent or employee of the city, for providing information under subsection (3) or (4).
DANGEROUS BUILDINGS AND SITES
By-laws on unsafe property, demolition
Council may pass by-laws providing that where, in the opinion of the designated employee, a building is in a dangerous condition in that
(a) it is liable to fall, be set on fire, cause an explosion, or cause damage to property or injury to a person; or
(b) in the case of a well, excavation or opening, it is not properly covered or guarded, or is in such condition as to be a trap for persons or animals;
the designated employee may give such notice as is required by by-law to the owner of the building or property, requiring the owner to put it in a safe condition that is satisfactory to, and completed within a period of time set by, the designated employee.
The designated employee shall cause a copy of a notice made under subsection (1) to be served and posted forthwith in accordance with subsection 490(1).
Notwithstanding any other remedy that the city has when an owner contravenes or fails to comply with a notice given under subsection (1), the designated employee may, in the case of a building, cause it to be demolished, removed or put in a safe condition and, in the case of a well, excavation or opening, to have it covered, guarded or put in a safe condition, as the designated employee considers expedient and necessary.
The cost of any work done under a by-law passed under subsection (1) may be recovered by the city by court action, and shall be a lien on the building and the materials thereof and on the land on which the building, well, excavation or opening is located; and the cost, when certified by the designated employee, may be added to the taxes on the land or building, and may be collected in the same manner as other taxes.
Revenue from sale of materials
Where, under subsection (3) the designated employee causes a building to be demolished, the city may sell the materials, fixtures and salvage from the building and apply the money received to paying the cost of demolition; and any balance shall be applied to any taxes owing to the city in respect of the property, after which any balance shall be paid to any mortgagees, encumbrancers, and lien holders in the order of their priority, and any balance shall be paid to the owner of the property.
APPEARANCE OF BUILDINGS
By-law to prohibit certain buildings
Council may by by-law prohibit the construction of a building on a site where the building would, in the opinion of the designated employee, vary in appearance from other buildings in the area to such an extent as to decrease the desirability of land in the immediate area for building purposes.
WINNIPEG BUILDING COMMISSION
By-law to establish commission
Council may by by-law establish a commission to be known as the "Winnipeg Building Commission" to exercise, in whole or in part, as determined by by-law, the powers set out in this section; and council may make rules governing the commission.
Powers respecting existing buildings
Notwithstanding the provisions of this Act, or the provisions of a by-law passed under this Act, the commission may, on application by any person or on its own motion, consider the case of an existing building that is affected by a by-law continued in force under subsection 674(3) or passed under this Act, under which an alteration to the building, or the installation of equipment in the building, is or might be required, and shall decide, subject to The Buildings and Mobile Homes Act, whether the alteration shall be made or the equipment installed.
New methods and materials for new buildings
Council may empower the commission to consider the construction or proposed construction of a new building or new buildings affected by a by-law referred to in subsection (2) and, if the majority of the commission considers it expedient, owing to the proposed use of new methods or materials in the construction, the commission may, subject to The Buildings and Mobile Homes Act, modify or vary the requirements of the by-law in respect of the building or buildings.
Council may by by-law prescribe remuneration for a member of the commission who is not a member of council.
OBJECTION
Decision of designated employee or commission
A person who is aggrieved by an order or decision of the commission or the designated employee in respect of the issuance, cancellation or refusal of a permit, or the prohibition of the construction, occupation, demolition or removal of a building, may file an objection to the order or decision with the designated committee in accordance with this section and a by-law passed under section 472.
On hearing an objection, the designated committee may, subject to The Buildings and Mobile Homes Act, make such order as it considers fair and just.
A person affected by a decision of the designated committee under subsection (2) may, within 30 days of the making of the decision, appeal the decision to a judge of the Court of Queen's Bench on a question of law.
TEMPORARY BUILDINGS
Council may pass a by-law in respect of an agreement between the city and the owner of land whereby the owner is permitted to construct a temporary building on the land and use it for a designated purpose and for a specified period of time, on condition that the owner removes the building before the expiration of the specified period, and on such other conditions as the designated employee approves or the city specifies.
The city may enforce an agreement made under subsection (1) and any bond or covenant given to guarantee its performance.
STREET LEVELS
Claim for change in street level
A person who constructs a building that is on or contiguous to an established or contemplated street, without first obtaining from the city the level and line of the street, forfeits any claim for damages or compensation for any damage to the property when the level or line is determined by the city.
STANDARDS OF MAINTENANCE AND OCCUPANCY
In sections 482 to 493,
"dwelling" means a building or mobile home that is used or capable of being used in whole or in part as a residence, and includes the land appurtenant to the building or mobile home, and any outbuilding or fence on the land; («habitation»)
"dwelling unit" includes one or more rooms located in a dwelling and used or intended to be used as a residence; («local d'habitation»)
"mobile home" has the same meaning as it has under The Buildings and Mobile Homes Act; («maison mobile»)
"non-residential building" means a building, or part of a building, that is not occupied in whole or in part as a residence, and includes the land appurtenant to the building, and any outbuilding and fence on the land; («bâtiment non résidentiel»)
"order" means an order to repair, demolish, or vacate a dwelling or non-residential building under this Part, or under a by-law passed under section 483; («ordre»)
"owner" includes a person
(a) who for the time being manages or receives rent from a dwelling or non-residential building, whether on his or her own account or as agent or trustee of another person, or
(b) who is a vendor of a dwelling or non-residential building under an agreement for sale and pays taxes on the land or building after the effective date of the agreement, or receives instalments of the purchase price under the agreement, whether on his or her own account or as agent or trustee for another person; ("propriétaire")
"repair" means the action necessary to bring a dwelling or non-residential building into compliance with standards; («réparation»)
"standards" means the maintenance, use and occupancy standards prescribed by a by-law passed under section 483. («normes»)
Council may pass by-laws
(a) establishing standards, and degrees of non-conformance, respecting the occupancy, use and maintenance, including maintenance of exteriors, of dwellings and non-residential buildings or classes thereof;
(b) requiring the owner of a dwelling or non-residential building, or an occupant thereof, to the extent that the occupant is responsible by a lease or agreement, to maintain it in accordance with standards or to repair or demolish it, in whole or in part;
(c) prohibiting the occupancy or use of dwellings or non-residential buildings that do not conform to standards;
(d) requiring the owner of a vacant dwelling or non-residential building in which an activity or occupancy not authorized by the owner occurs, to secure the dwelling or non-residential building to prevent further unauthorized activity or occupancy and, where the owner does not secure the dwelling or non-residential building, providing for the city securing it;
(e) fixing penalties or a schedule of penalties against the owners of dwellings or non-residential buildings that do not conform to standards;
(f) fixing periods of time, and the circumstances in which they may be extended, for the repair of a dwelling or non-residential building;
(g) designating employees of the city to administer and enforce the by-laws;
(h) authorizing such forms, applications, notices and placards, and the posting or mailing thereof, as council considers necessary and advisable for the purpose of the by-laws;
(i) prohibiting the removal or defacement of a placard;
(j) respecting information to be contained in an order and any attachment to an order;
(k) respecting the service of any document that is required to be served under the by-laws.
ORDERS BY DESIGNATED EMPLOYEE
Where, after an inspection, the designated employee believes on reasonable grounds that a dwelling or non-residential building does not conform with standards, the designated employee may make an order in accordance with by-laws passed under section 483; and the order shall be served in accordance with section 490.
Subject to section 489, where the owner of a dwelling or non-residential building fails to repair or demolish a dwelling or non-residential building in accordance with an order, the designated employee may make an order requiring that the dwelling or non-residential building be vacated and may prohibit its use or occupancy until it is repaired or demolished in accordance with the first order.
An order shall not be made under subsection (1) in respect of a dwelling unless the designated employee is satisfied that accommodation is available in the city for occupants of the dwelling.
OBJECTION TO ORDER
An owner who is served an order made under section 484 or 485, or a person authorized in writing by the owner, may object to the order in accordance with section 480, which applies with necessary modifications.
REPAIR OR DEMOLITION BY CITY
Subject to section 489, if the owner of a dwelling or non-residential building fails to repair or demolish it in accordance with an order, an officer, employee or agent of the city may, after notice is served on the owner and any occupant in accordance with section 490, enter and repair or demolish all or any part of the dwelling or non-residential building, and in so acting do any work on adjoining land or buildings that is necessitated by the repair or demolition.
For the purpose of subsection (1), an officer, employee or agent of the city may enter any adjoining land or building after reasonable notice is given to the registered owner and any occupant thereof.
Payment of rent where city repairs
Where the city proceeds under subsection (1) to make repairs to a dwelling or non-residential building that is occupied by a tenant, the city may serve the tenant with a notice in writing requiring the tenant to pay the rent to the city as it comes due, to the amount of the lien of the city; and payment by the tenant to the city has the same effect as if the rent were so paid at the direction of the owner of the dwelling or non-residential building.
RECEIVER
Application to court for receiver
Subject to section 489, where the owner of a dwelling or non-residential building contravenes or fails to comply with an order, the city may, in addition to any other remedy or penalty provided under this Act, apply to the Court of Queen's Bench for the appointment of a receiver of any rents and profits issuing from the dwelling or non-residential building.
At least one month before making an application under subsection (1), 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 other person whose name appears on the title or abstract of title for the land on which the dwelling or non-residential building is located, and the notice shall indicate the grounds on which the city intends to rely in support of the application.
On an application under subsection (1), the Court of Queen's Bench may appoint a receiver if it appears to the court to be just and convenient to do so, and any such order may be made on such terms and conditions as the court considers just.
A receiver appointed under subsection (3), shall forthwith remove any fire hazard or threat to health or safety in respect of the dwelling or non-residential building and, during the time of the receivership, shall repair and maintain it in accordance with standards, and may make any improvements that he or she considers advisable and the court approves.
Notwithstanding subsection 487(3), after a receiver is appointed, rent accruing due from a tenant of the dwelling or non-residential building shall be paid to the receiver.
A receiver appointed under this section shall register a notice in the Winnipeg Land Titles Office giving notice of the appointment and setting out the legal description of the land on which the dwelling or non-residential building is located; and on being discharged as receiver by the court, the receiver shall register a notice of discharge, in the form prescribed under The Real Property Act.
When a notice of appointment is registered under subsection (6), the district registrar shall make an entry of the registration on the title or abstract of title for the land described in the notice, and the city shall send notice of the registration to an owner or claimant whose name appears on the register of the Winnipeg Land Titles Office.
LIMITATION
The city shall not act under section 485, 487 or 488 unless a person is first convicted of an offence for contravening or failing to comply with an order in respect of the dwelling or non-residential building.
A person charged with contravening or failing to comply with an order made under this Part may raise as a defence that the dwelling or non-residential building complied with standards at the time the order was made, and if the justice is satisfied that the dwelling or non-residential building then complied with standards, the justice shall acquit the person.
Disposition of interest is not defence
A person charged with contravening or failing to comply with an order made under this Part in respect of a dwelling or non-residential building may not raise as a defence that he or she is no longer the owner thereof.
SERVICE OF ORDERS
A notice given by a designated employee under subsection 477(1) and an order of a designated employee under section 484 shall be served on the owner of the dwelling or non-residential building personally or by registered mail addressed to the owner at the address shown on the latest revised assessment roll, and a copy of the order shall be posted in a conspicuous place in or on the dwelling or non-residential building.
An order of a designated employee under section 485 shall be served on the owner of the dwelling or non-residential building in accordance with subsection (1), and personally or by registered mail on the occupant of a non-residential building or an adult occupant of a dwelling unit.
A designated employee who is unable to locate a person for the purpose of serving an order or notice under this Part may apply to a judge of the Queen's Bench for an order allowing substitutional service and, if the judge is satisfied that reasonable efforts have been made to effect service, the judge may order that service be effected by posting the document on or in a building, by publication in a newspaper, or by other means, and compliance with the order of the judge is deemed to be service of the document on the person.
LOANS AND GRANTS
The city may make loans or grants, or both, in amounts and on terms that council considers advisable,
(a) to bring dwellings and non-residential buildings into compliance with standards;
(b) to improve dwellings beyond standards;
(c) to convert buildings into dwelling units.
Repayment of loan and interest
Council shall determine the manner in which loans shall be repaid, including interest, and may fix an amount of interest or a rate of interest below the rate at which the city is able to borrow money.
RECOVERY OF MONEY
Where the city makes an expenditure in respect of action taken under section 487 or a loan made under section 491, the city has a lien on the dwelling or non-residential premises in respect of which the action is taken or loan is made in the amount of the expenditure or loan, with interest at a rate fixed by council.
Expenditure to be added to taxes
The amount of an expenditure by the city under section 487, with interest, is repayable by the owner of the dwelling or non-residential building over a period of time set by council, and may be added to the taxes on the dwelling or non-residential building, or on the land on which it is located, and collected in the same manner as other taxes.
Registration of charge in L.T.O.
A certificate of the clerk of the city setting out an amount spent under section 487 or loaned under section 491, and interest, with a description of the land occupied by the dwelling or non-residential building, shall be registered in the Winnipeg Land Titles Office and the district registrar shall make an entry of the registration on the title or abstract of title for the land.
On repayment to the city of an amount referred to in subsection (1), the city shall register a notice of discharge in the Winnipeg Land Titles Office in the form prescribed under The Real Property Act and, on application of the owner, the clerk of the city shall provide a certificate of repayment to the owner.
RIGHT OF ENTRY
Subject to section 155 (warrants), the designated employee or any other officer, employee or agent of the city appointed and authorized for the purpose may, at all reasonable times, with the consent of the owner or occupier, and on displaying an identification card, enter a building or upon any land in the city for the purpose of
(a) reading a meter, or inspecting equipment;
(b) examining the building to determine whether there is compliance with this Part or a by-law passed under this Part;
(c) inspecting a building, well, excavation or opening that is or might be in an unsafe or dangerous condition; or
(d) administering and enforcing this Part or a by-law passed under this Part.
LIABILITY
Liability of city for negligence
The city and its employees and agents are not liable for any loss or damage to a person by reason of anything done in the exercise of powers under this Part, except where the loss or damage is the result of the negligence of the city or its employees or agents.
The Act is amended by adding the following after section 493.1:
WATERWAYS
In this Part,
"building permit" has the same meaning as it has under Part 15; («permis de construction»)
"construct" and "construction" have the same meanings as they have under Part 15; («construction»)
"designated floodway area" means an area designated as such under the regulations; («zone désignée du canal de dérivation»)
"designated floodway fringe area" means an area designated as such under the regulations; («zone limite désignée du canal de dérivation»)
"floodproofing criteria" means the floodproofing criteria established under the regulations; («critères de prévention des inondations»)
"occupancy permit" has the same meaning as it has under Part 15; («permis d'occupation»)
"owner" has the same meaning as it has under section 470; («propriétaire »)
"regulated area" means an area designated by council under section 494.1(1); («zone réglementée»)
"regulations" means regulations made under section 494.51; («règlements »)
"waterway" means a river, stream, creek, canal, drainage ditch, water channel and other watercourse within the city, whether natural, constructed or altered, and includes the frozen surface and bed of a waterway; («cours d'eau »)
"waterway permit" means a permit issued under a by-law passed under subsection 494.1(2). («permis de construction spécial»)
REGULATED AREAS
Council may by by-law designate a waterway, or a portion of a waterway, and adjacent land as a regulated area.
Council may pass by-laws in respect of a regulated area, or part of a regulated area,
(a) providing for the issuance, renewal and cancellation of permits for a purpose referred to in subsection 494.2(2);
(b) regulating or prohibiting
(i) the deposit, removal, alteration or disturbance of materials, including specifying or describing materials that may or may not be deposited,
(ii) the construction, demolition or occupancy of a building,
(iii) methods of stabilizing land,
(iv) methods of controlling surface or subsurface drainage,
(v) the diversion of a waterway or alteration of a channel of a waterway,
(vi) such other activity or thing as council considers necessary to maintain and improve drainage and the stability of banks, and to ensure water flow;
(c) prohibiting the construction of buildings or classes of buildings in, on or over a waterway, and exemption of buildings or classes of buildings from the by-laws;
(d) respecting the form of an application, permit, order or other document that council considers necessary;
(e) prescribing the information to be submitted by an applicant in support of an application for a permit;
(f) prescribing work that is exempt from section 494.2 or a by-law passed under this section;
(g) prescribing a tariff of fees that may be charged for applications and permits;
(h) designating employees of the city to supervise and enforce the by-laws.
Public consultation on by-laws
Before a by-law is passed under clause 2(b) or (c), or such a by-law is amended, the designated committee shall issue notice of, and hold, a public hearing on the proposed by-law and submit a report and recommendations to council.
Notwithstanding subsection (3), council may amend a by-law passed under clause 2(b) or (c) without proceeding in the manner set out in subsection (3) where, in the opinion of council, the amendment is of a minor nature and does not prejudice the rights of any person.
PERMITS
Restriction on permits under Part 15
A building permit shall not be issued under Part 15 in respect of a building in a regulated area unless the proposed construction is approved under this Part.
Requirement for work in regulated area
No person shall begin or authorize work of the following kind in a regulated area without first obtaining a permit from the city for the purpose:
(a) the deposit, removal, alteration or disturbance of any material;
(b) the construction or demolition of a building;
(c) the alteration of surface or subsurface drainage;
(d) the diversion of a waterway or alteration of a channel of a waterway.
Permit subject to proof by applicant
A permit shall not be issued under this Part for work to be done in a regulated area unless the applicant demonstrates to the reasonable satisfaction of the designated employee that the proposed work will not, or will not have a tendency to,
(a) restrict or impede surface or subsurface water flow;
(b) endanger the stability of any land, including the bed of a waterway;
(c) cause land to slip into a waterway; or
(d) adversely alter the channel of a waterway.
The designated employee may issue a permit to allow work to be done in a regulated area subject to such terms and conditions as he or she considers necessary to ensure compliance with subsection (3).
Where the designated employee refuses to issue a permit to allow work to be done in a regulated area, a written notice shall be sent to the applicant stating the reason for the refusal.
Order to remedy unauthorized act
Where a person contravenes or fails to comply with subsection (2) or a by-law passed, or a permit issued, pursuant to subsection 494.1(2), the designated employee may make an order requiring the person, within a period of time stated in the order,
(a) to desist or refrain therefrom;
(b) to make application for a permit;
(c) to comply with conditions set out in an existing permit; or
(d) to remedy, in a manner stated in the order, any damage caused by the contravention or failure to comply;
and the order shall state that if the person fails to comply with it, the city may, without further notice or legal process and at the expense of the person, take action under subsection (8).
The designated employee shall cause a copy of an order made under subsection (6) to be immediately served personally on the person to whom it is directed; and subsection 490(3) (substitutional service) applies, with any necessary modification.
Where a person who is served with an order made under subsection (7) fails to comply with it, the designated employee may, whether or not the person appeals the order, without further notice or legal process, do or cause to be done all things necessary to carry out the order.
The cost of any work done by the city under subsection (8) may be recovered by the city by court action, and is a lien on the building and the materials thereof, and the land on which the building is located, and the cost shall be charged against the owner of the building and collected by the city as a debt due to the city or, as certified by the designated employee from time to time, may be added to the taxes on the land or building and may be collected in the same manner as other municipal taxes.
FLOODWAY AREAS
Definition of "public service"
In this section, "public service" includes electrical, gas, water, sewage, communication and transportation services, water control works, bank stabilization works, docks and a publicly owned open air structure used for recreational purposes.
No construction in designated floodway area
Subject to subsection (3), no person shall construct a building or perform any construction, other than a public service, in a designated floodway area.
Right to permit in designated floodway area
Where the owner of a parcel of land within a designated floodway area
(a) is, before the designation of the parcel as a designated floodway area, entitled to a building permit in respect of the parcel; and
(b) would, except for the designation of the parcel as a designated floodway area, continue to be so entitled;
the parcel is deemed to be part of a designated floodway fringe area for the purpose of an application for a building permit and, where a building permit is issued, is subject to the provisions of this Part applicable to a building permit issued in respect of construction in a designated floodway fringe area.
Cancellation of permit in floodway area
The designated employee may cancel a building permit for work in a designated floodway area where he or she has reasonable grounds to believe that work done, or to be done, under the permit does not comply with the floodproofing criteria; and the designated employee may cancel an occupancy permit where he or she has reasonable grounds to believe that a building occupied, or to be occupied, under the occupancy permit does not comply with the floodproofing criteria.
OCCUPANCY
Occupancy of buildings not in compliance
No person shall occupy or maintain a building that is not in compliance with section 494.3 or 494.4.
FLOODWAY FRINGE AREAS
Construction in floodway fringe area
Subject to subsections (5) and (6), no person shall construct a building in a designated floodway fringe area except in accordance with the floodproofing criteria.
Part 15 permits re floodway fringe area
The designated employee under Part 15 shall not issue a building permit or occupancy permit in respect of a building in a designated floodway fringe area unless the building and any proposed construction complies with floodproofing criteria.
Permit for building in floodway fringe area
The designated employee under Part 15 shall not issue a building permit for the superstructure of a building in a designated floodway fringe area until the foundation of the building is completed and a surveyor's building location certificate, or similar documentation that is approved by the designated employee, is provided and shows that the elevation of the foundation complies with floodproofing criteria.
Variation of floodproofing criteria in fringe area
Subject to the regulations, an owner of land within a floodway fringe area may apply to the designated employee for an order varying the floodproofing criteria in respect of the proposed construction of a building.
Order to vary floodproofing criteria
Subject to the regulations, on receiving an application under subsection (4), the designated employee may make an order varying the floodproofing criteria in respect of
(a) a new building to be constructed on one of a small number of remaining building sites or on the only remaining building site, or on newly subdivided building sites, in an area that is almost fully developed with buildings;
(b) proposed work that constitutes reconstruction of, an addition to, or an accessory to, a building that complies with this Part, Part 15 and by-laws; or
(c) the replacement of a building that is destroyed by fire or other peril;
if the designated employee is reasonably satisfied that it is impossible or impractical to comply with the floodproofing criteria.
Conditional order respecting flood protection
An order made under subsection (5) may be subject to such terms and conditions as may be prescribed by regulation, and as the designated employee considers necessary or desirable, including the prohibition of payment of flood protection assistance or flood damage assistance by the city.
The city shall file with the province a copy of any order made under subsection (5) or (6).
Order to remedy unauthorized act
Where a building is constructed, or is being constructed, in a designated floodway area or a designated floodway fringe area in contravention of a provision of this Part or the regulations, the designated employee may make an order requiring, within a time specified in the order, that
(a) such changes be made to the building or construction as are necessary or desirable to ensure compliance with this Part, the regulations, or an order of the designated employee that varies the floodproofing criteria;
(b) where changes to the building are not possible or feasible, the building be removed from the designated floodway area or the designated floodway fringe area;
and the order shall state that if the owner fails to comply with it, the city may, without further notice or legal process and at the expense of the owner, take action under subsection (10).
The designated employee shall cause a copy of an order made under subsection (8) to be served immediately on the owner of the building; and subsection 490(3) (substitutional service) applies, with any necessary modification.
Where an owner who is served with an order made under subsection (8) fails to comply with it, the designated employee may, whether or not the owner appeals the order, and without further notice or legal process, do or cause to be done all things necessary to carry out the order.
The cost of any work done by the city under subsection (10) may be recovered by the city by court action, and is a lien on the building and the materials thereof, and the land on which the building is located, and the cost shall be charged against the owner of the building and collected by the city as a debt due to the city or, as certified by the designated employee from time to time, may be added to the taxes on the land or building and may be collected in the same manner as other municipal taxes.
Revenue from sale of materials
Where a designated employee causes a building to be removed from a designated floodway area or a designated floodway fringe area under subsection (11), the city may sell the material, fixtures and salvage from the building and apply the proceeds to paying the cost of the removal; and any balance shall be applied on any taxes owing the city in respect of the property, after which any balance shall be paid to any mortgagees and encumbrancers of, and persons holding liens against, the property in order of their priority; and any balance shall be paid to the owner of the property.
FLOOD ASSISTANCE
It is declared that there is no right to a payment of flood protection assistance or flood damage assistance, and the prohibition in subsections (2) to (4) of such payments in certain circumstances does not imply that assistance will be paid in other circumstances.
Building in designated floodway area
The government and the city shall not pay flood protection assistance or flood damage assistance in respect of a building that is constructed in a designated floodway area after the date that the area is so designated, unless the building is on a parcel of land that is deemed to be part of a designated floodway fringe area under subsection 494.3(3).
Government and floodway fringe area
The government shall not pay flood protection assistance or flood damage assistance in respect of a building constructed in or brought within a designated floodway fringe area, unless the building complies with floodproofing criteria.
The city shall not pay flood protection assistance or flood damage assistance in respect of a building that is contructed in a designated floodway fringe area unless the building complies with
(a) the floodproofing criteria; or
(b) an order made under subsection 494.4(5) that does not contain a term or condition prohibiting the payment of flood protection assistance or flood damage assistance by the city.
The Lieutenant Governor in Council may make regulations
(a) designating an area of the city as a designated floodway area or designated floodway fringe area;
(b) establishing floodproofing criteria to be complied with in respect of buildings that are constructed in a designated floodway fringe area;
(c) designating buildings or classes of buildings that are exempt from floodproofing criteria;
(d) respecting the circumstances in which the designated employee may make an order to vary floodproofing criteria under subsection 494.4(5).
OBJECTION
Decision of designated employee
A person who is aggrieved by an order or decision of the designated employee in respect of a regulated area, a designated floodway area or a designated floodway fringe area may file an objection to the order or decision, and section 480 applies, with such modifications as the circumstances require.
FLOOD PROTECTION
Authority for flood protection
Subject to the rights and authority of the Crown, however arising, the city is invested with full authority in respect of protection against floods within the city.
FROZEN WATERWAYS
Council may pass by-laws
(a) regulating, prohibiting and licensing an activity on a frozen surface of a waterway, including activities of pedestrians and the use and movement of such vehicles as council may authorize by by-law, for the safety and convenience of the public and the protection of the environment; and
(b) providing for the temporary placement of markers, signs, guards and safety appliances, and the construction of temporary devices as a means of crossing the frozen surface of a waterway;
so as not to interfere with navigation and shipping.
REGISTRATION IN L.T.O.
The city may register in the Winnipeg Land Titles Office
(a) a certified copy of an order made under subsection 494.2(6) or 494.4(5); and
(b) a notice that a building on land described in the notice does not comply with section 494.3, 494.31 or 494.4, or a regulation made under section 494.51;
and the district registrar shall make an entry of the registration on the title or abstract of title for the land described in the order or notice.
Where a building in respect of which a notice is registered under clause 1(b) is brought into compliance with the provision referred to in the notice, the city shall register a notice of discharge in the Winnipeg Land Titles Office, in the form prescribed under The Real Property Act.
RIGHT OF ENTRY
Subject to section 155 (warrant), the designated employee or any other officer, employee or agent of the city that is appointed and authorized for the purpose may, at all reasonable times, with the consent of the owner or occupier, and on displaying an identification card, enter and inspect any land or building in a regulated area, designated floodway area or a designated floodway fringe area to administer and enforce this Part or a by-law or regulation enacted under this Part.
LIABILITY
Liability of city, province, employees
The government and city, and their employees and agents, are not liable for loss or damage to a person by reason of anything done or omitted to be done in the exercise of powers under this Part or the regulations, except where the loss or damage results from the negligence of the government or city, or their employees or agents.
ENFORCEMENT
Application to court to enforce Part
The city may make application to the Court of Queen's Bench to enforce a provision of this Part by injunction or mandamus.
Sections 574 to 666.2 repealed
Part 20, sections 574 to 666.2, is repealed and the following is substituted:
PLANNING AND DEVELOPMENT
In this Part,
"adjacent area" means an area adjacent to land that is the subject of an application under this Part, and includes an area separated from the land by a highway or waterway; («secteur adjacent»)
"board of adjustment" means the board of adjustment established under section 649; («Commission de redressement»)
"committee of council" means executive policy committee, a standing committee or community committee designated under a by-law passed under this Part; («comité»)
"conditional use" means a use of a building or land that might be permitted in a development classification as provided for in a development by-law; («usage conditionnel»)
"construction" has the same meaning as it has under Part 15; («construction »)
"development" means the construction of a building on, over or under land, a change in the use or intensity of use of a building or land, the removal of soil or vegetation from land, the deposit or stockpiling of soil or material on land, and the excavation of land; («aménagement»)
"development by-law" means a by-law passed under section 589, and includes a by-law to amend or repeal a by-law passed under section 589, and a by-law deemed under section 590 to be a development by-law; (« arrêté d'aménagement»)
"development permit" means a permit authorizing a development that is subject to a development by-law; («permis d'aménagement»)
"heritage resources" has the same meaning as it has under The Heritage Resources Act; ("richesses du patrimoine")
"parcel" means the aggregate of all contiguous lands described in a certificate of title; («parcelle»)
"plan of subdivision" means a plan of subdivision prepared in accordance with The Real Property Act; («plan de lotissement»)
"Plan Winnipeg" means a by-law that sets out the long term plans and policies of the city respecting land use, development, transportation and measures to improve the physical, social, economic and environmental conditions in the city; («plan de la Ville de Winnipeg»)
"Plan Winnipeg by-law" means a by-law passed under this Part to amend or replace Plan Winnipeg; («arrêté portant sur le plan de la Ville de Winnipeg »)
"secondary plan" means a statement of the city's policies and proposals for the development, redevelopment or improvement of an area of the city; («plan secondaire»)
"secondary plan by-law" means a by-law passed under this Part that establishes, amends or replaces a secondary plan; («arrêté portant sur un plan secondaire»)
"sensitive land" means
(a) land susceptible to flooding, unstable slopes, erosion or poor drainage,
(b) areas of special significance for animal, bird or plant life, including wetlands, forests and nesting areas, and
(c) land on which any development is likely to harm ecological diversity; («bien-fonds sensible»)
"subdivision" means the division of land by an instrument, including a plan of subdivision, conveyance, deed, mortgage or grant or an agreement granting or extending a use of or right in land, directly or by entitlement to renewal, for a period of 21 years or more, but does not include a lease respecting only floor space in a building; («lotissement»)
"variance" means the modification of a provision of a development by-law, other than a change in use; («dérogation»)
"waterway" has the same meaning as it has under Part 15.1. («cours d'eau »)
PLANNING
PLAN WINNIPEG
Greater Winnipeg Development Plan
The Greater Winnipeg Development Plan, By-law No. 2960/81, as amended, is deemed to be Plan Winnipeg.
PLAN WINNIPEG BY-LAW
Amendment or replacement by by-law
Council may amend or replace Plan Winnipeg by a Plan Winnipeg by-law passed in accordance with this Part.
Plan Winnipeg shall contain plans and policies respecting the following:
(a) the sustainable use of land and other resources;
(b) sustainable development;
(c) the physical, social, economic, fiscal and environmental conditions and trends within the city;
(d) the present and projected size, composition and distribution of the population;
(e) the provision of services and facilities with respect to
(i) public health, welfare and education,
(ii) the protection of persons and property,
(iii) transportation,
(iv) communication,
(v) the collection, treatment and disposal of solid and liquid waste,
(vi) the control and abatement of pollution and activities detrimental to the environment,
(vii) the supply and distribution of potable water,
(viii) recreation and parks, and
(ix) land drainage;
(f) the provision and rehabilitation of housing;
(g) the revitalization of residential, commercial and industrial areas;
(h) the protection, management and enhancement of sensitive land, agricultural land, open space and waterways;
(i) the preservation, management and enhancement of heritage resources;
(j) the provision and coordination of programs respecting the economic, social and physical environment, and the health, welfare and safety of people;
(k) measures and procedures that council considers necessary or advisable to implement Plan Winnipeg;
(l) the fiscal capacity of the city to implement policies set out in Plan Winnipeg;
(m) such other matters as the minister or council considers necessary or advisable.
REVIEW OF PLAN WINNIPEG
Council shall review and re-adopt or replace Plan Winnipeg by June 30, 1992 and not less than once every five years thereafter, subject to such extension of time as the minister may allow, or at such time as the minister orders under section 578.
A review of Plan Winnipeg shall include a comprehensive examination of the plans and policies in Plan Winnipeg, and public hearings to obtain representations from citizens, organizations and agencies respecting the review of Plan Winnipeg.
Minister may order review or amendment
After consulting with council, the minister may in writing order council to review Plan Winnipeg or pass a Plan Winnipeg by-law to amend, replace or re-adopt Plan Winnipeg within a time specified in the order, subject to such extensions of time as the minister may further order.
PROCEDURE FOR PLAN WINNIPEG BY-LAW
Before giving first reading to a Plan Winnipeg by-law, council shall forward the proposed by-law to the minister and executive policy committee, and executive policy committee shall endeavour to consult with any committee of council, school board, adjacent municipality, person, agency and organization that executive policy committee or council considers could be affected by the by-law, and provide council with a report and recommendations.
After receiving a report under subsection (1), council may give first reading to a Plan Winnipeg by-law in its original form or as amended.
After first reading and before second reading of a Plan Winnipeg by-law, executive policy committee shall as soon as practicable give notice of, and conduct, a public hearing in accordance with sections 632 to 645.
Second reading of proposed by-law
After receiving a report under subsection 642(2), council may without further notice give second reading to the proposed Plan Winnipeg by-law, in its original form or as amended.
Notice of rejection of proposed by-law
Where a proposed Plan Winnipeg by-law is rejected under subsection (4), council shall as soon as practicable in writing advise the minister and any person who makes a representation at the public hearing referred to in subsection (3).
Submission to minister for approval
As soon as practicable after a proposed Plan Winnipeg by-law is approved on second reading under subsection 579(4), council shall submit to the minister
(a) five certified copies of the proposed by-law;
(b) a copy of the report and recommendation of executive policy committee respecting the proposed by-law;
(c) such other information and material as the minister may request;
and council shall not pass the proposed by-law until the minister approves it in writing.
Council to give notice of second reading
Immediately after complying with subsection (1), council shall cause a written notice to be served personally or by mail on any person who made a representation at a public hearing referred to in subsection 579(3), stating that
(a) council has given second reading to the proposed by-law;
(b) a copy of the proposed by-law has been forwarded to the minister for approval; and
(c) a person who made representations at the public hearing may file an objection with stated reasons with the minister on or before a date specified in the notice, which shall be not less than 14 days after the day on which the notice is served.
A notice served by mail under subsection (2) shall be sent to the address of the person to be served, as recorded at the public hearing, and is deemed to be served on the person on the day that Canada Post confirms is the day on which the notice is delivered to the address to which it is mailed.
When the minister receives a Plan Winnipeg by-law and any objection to the by-law under subsection 580(2), the minister may
(a) approve or reject the proposed Plan Winnipeg by-law in writing;
(b) approve the proposed Plan Winnipeg by-law, subject to amendment, in writing; or
(c) refer the proposed Plan Winnipeg by-law to The Municipal Board.
Provincial interest in planning and development
In reviewing a proposed Plan Winnipeg by-law, the minister shall consider matters of interest and concern to the citizens of the province, including
(a) protection and management of the environment;
(b) sustainable economic growth;
(c) protection of significant natural resources and heritage resources;
(d) the supply, efficient use and conservation of resources;
(e) the provision of communication and transportation facilities and services;
(f) the equitable distribution of educational, health and other social services and facilities;
(g) the health, safety and welfare of the population;
(h) coordination of planning activities by municipalities, planning districts and other bodies;
(i) the fiscal well being of the city;
(j) enhancement of the economic, social and physical well being of the province, the city and other municipalities and their citizens;
(k) such other matters as the minister considers necessary or advisable.
Approval and adoption of by-law
Where under subsection (1) the minister approves a proposed Plan Winnipeg by-law or approves it subject to amendment, the minister shall forward the proposed by-law to council which may make any amendment requested by the minister, pass the by-law, and forward two certified copies of it to the minister.
Where a proposed Plan Winnipeg by-law is referred to The Municipal Board under clause (1)(c), the board shall give notice of a public hearing in accordance with subsection 632(5), conduct a public hearing and submit a report and recommendations to the minister.
Adoption of by-law after Mun. Board report
After receiving the report of The Municipal Board under subsection (4), the minister shall give written notice to council of his or her decision respecting a proposed Plan Winnipeg by-law, and where the minister approves it, or approves it subject to amendment, council may make any amendment requested by the minister, pass the proposed by-law and forward two certified copies of it to the minister.
Referral of Plan Winnipeg by-law to L.G.C.
Where council fails to adopt an amendment to a Plan Winnipeg by-law requested by the minister under subsection 581(3) or (5) within the time prescribed by the minister, the minister may refer the proposed amendment to the Lieutenant Governor in Council.
Enactment of Plan Winnipeg by-law by L.G.C.
Where a Plan Winnipeg by-law is referred to the Lieutenant Governor in Council under subsection (1), the Lieutenant Governor in Council may by order in council enact it, or an amended form of it, and any such order in council is deemed to have such force and effect as if it were a by-law passed by council under this Part.
Effect of Plan Winnipeg by-law
The passing of a Plan Winnipeg by-law does not require council or any person, association, organization or department or agency of the Crown to undertake a proposal contained in the by-law, but no public work, undertaking or development shall be inconsistent with a Plan Winnipeg by-law.
SECONDARY PLANS
Council may adopt a secondary plan by a secondary plan by-law passed in accordance with this Part.
A secondary plan shall not be inconsistent with Plan Winnipeg, and may include any of the following:
(a) a map that identifies the area to which the secondary plan relates;
(b) a statement of objectives, and of problems addressed by the secondary plan;
(c) a time schedule for, and the estimated cost of, action proposed to deal with problems identified in the secondary plan,
(d) any program and change in land use or the control of land use, required to implement the secondary plan;
(e) the time period in which the secondary plan is expected to be in effect, and a schedule and procedure for its periodic review;
(f) such other matters as council considers advisable.
After first reading and before second reading of a proposed secondary plan by-law, council shall refer the proposed secondary plan by-law to a committee of council which shall as soon as practicable give notice of, and conduct, a public hearing in accordance with sections 632 to 645.
Effect of secondary plan by-law
The adoption of a secondary plan by-law does not require council or any person, association, organization, or department or agency of the Crown to undertake a proposal in it, but no public work, undertaking or development within an area affected by a secondary plan by-law shall be inconsistent with the secondary plan by-law.
Each of the following is deemed to be a secondary plan by-law passed under this Part for the area of the city defined in it, until the by-law is repealed or replaced under this Part, or the period of effect of the plan expires:
(a) The Downtown Winnipeg District Plan, adopted as By-law 1554 under The Metropolitan Winnipeg Act;
(b) a district plan adopted by by-law before the coming into force of An Act to Amend The City of Winnipeg Act, S.M. 1977, chapter 64;
(c) an action area plan adopted by by-law and in effect at the time this section comes into force.
COMMUNITY DEVELOPMENT PROGRAMS
Council may, alone or in partnership with a person, agency or other level of government, designate a community development area and undertake a community development program in the designated community development area.
Content of community development program
A community development program is a program for the improvement of the physical, social, economic or environmental condition of an area within the city, and may include plans and initiatives respecting
(a) public works and services;
(b) the protection and enhancement of the environment;
(c) the acquisition, holding and disposal of land and buildings in accordance with this Act;
(d) the improvement of the appearance of land or buildings;
(e) grants or loans, or both, to be made available by the city in accordance with section 491, or by other levels of government, to the owners of land or buildings to carry out community development;
(f) social development, including
(i) health and social services and facilities,
(ii) day care, and
(iii) initiatives to alleviate the causes and effects of poverty, sickness and crime;
(g) economic development;
(h) recreation, including construction or redevelopment of parks, playgrounds and recreational facilities;
(i) housing, including non-profit, cooperative, public and private housing, and the rehabilitation of housing;
(j) the attraction of people or businesses to a community development area, the encouragement of people or businesses to remain in a community development area, or the relocation of people or businesses displaced from a community development area;
(k) services to advise and assist owners and potential owners of land, buildings and businesses in a community development area;
(l) the coordination of agencies, initiatives and programs, including programs for the protection of people and property, and law enforcement programs;
(m) public participation in establishing and implementing a community development program;
(n) any other matter council considers necessary or advisable to undertake as part of a community development program.
DEVELOPMENT BY-LAWS
Council to pass development by-laws
Council shall pass development by-laws to control or prohibit the use of land and buildings and development in the city or a part of the city.
A development by-law may provide for any of the following:
(a) classifications of uses of land and buildings;
(b) permitted and conditional uses of land and buildings;
(c) the number and dimensions of dwelling units or non-residential buildings permitted on a lot or other unit of land;
(d) the area and dimensions of lots or other units of land;
(e) the number, lot coverage, floor area, dimensions, and location of buildings on units of land;
(f) the location, height and maintenance of fences and walls;
(g) open space around and between buildings, and minimum distances between buildings;
(h) landscaping and buffers between buildings, units of land, and different uses of land and buildings;
(i) the establishment and maintenance of parking and loading facilities;
(j) the design details of buildings and building sites, including vacant sites, and the establishment of committees or boards to approve designs;
(k) the location, dimensions and number of access points from a unit of land to a highway;
(l) the use and placement of exterior lighting on land and the exterior of buildings;
(m) the outdoor storage of goods, including machinery, building materials and waste materials;
(n) the removal, deposit or movement of soil, gravel or other material;
(o) the cutting and removal of vegetation;
(p) the placement of pedestrian walkways;
(q) the kind, number, nature, location and dimensions of outdoor signs and displays;
(r) the protection of scenic areas, heritage resources and sensitive lands;
(s) the protection of waterways including the setback of buildings from a waterway;
(t) the protection of an airport, water or sewage treatment facility, waste disposal facility or any other utility or public work from incompatible uses;
(u) the sequence in which development is undertaken;
(v) such other matter as council considers necessary or advisable.
Referral of proposed development by-law
A proposed development by-law shall be referred to a committee of council which shall as soon as practicable give public notice of, and conduct, a public hearing in accordance with sections 632 to 645.
A by-law passed before the coming into force of this Part for the purpose of giving effect to a matter referred to in section 589, is deemed to be a development by-law.
Council entering development agreement
Where an application is made under section 630 for the adoption of a development by-law, the city may, as a condition of adopting the development by-law, require the owner or applicant to enter into a development agreement with the city respecting the development and any contiguous land owned or leased by the owner or applicant dealing with any of the following:
(a) the use of the land and any existing or proposed building;
(b) the timing of construction of a proposed building;
(c) the siting and design of a proposed building, including the materials to be used for the exterior of the building;
(d) traffic control and parking facilities;
(e) landscaping, 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
(i) a system, works or equipment to provide electricity and water, and facilities for the collection of surface water and sewage, and
(ii) lighting for parking lots and streets, surface treatment of highways, pavement modifications, gate structures, walkway improvements, sidewalks, riverbank stabilization, and dyke construction,
that are beneficial to or necessary for the development, or to serve the development;
(g) the conveyance of land or payment of money, or both, to the city by the owner, where the application is for a classification to permit commercial use, industrial use, or a residential use of three or more dwelling units.
Use of land and money for public purpose
Any land conveyed to the city under a development agreement shall be used for public purposes other than highways, and any money paid to the city under a development agreement shall be used to purchase land for public purposes other than highways.
Registration of agreement in L.T.O.
An agreement referred to in subsection (1) may provide that it runs with the land referred to in the agreement, and an instrument that registers the fact of the agreement in the Land Titles Office binds the owner and the owner's heirs, executors, administrators, successors and assigns without special mention thereof in the instrument.
Timing of agreement and by-law
Council may authorize the execution of a development agreement before passing a development by-law, but any such development agreement is subject to the approval of council and to the adoption of a development by-law.
Amendment of development by-law
An order of The Municipal Board under subsection 95(1) of The Municipal Board Act may require the amendment of a development by-law to coordinate the development by-law with a new plan of subdivision in a case in which the Registrar-General imposes a requirement that affects the new plan of subdivision if, in the opinion of The Municipal Board, the amendment does not constitute a significant change to the development by-law.
Temporary force of development by-law
A development by-law may provide that it has force and effect for a period of time, or until the occurrence of an event specified in it, and that any land and building affected by the development by-law become, on expiration of the period of time or the occurrence of the event, subject to other provisions set out or referred to in the development by-law.
Where non-conforming use does not apply
Subsection 601(1) does not apply to a development existing before the adoption of a development by-law under subsection (1), or established after, and conforming with, such a development by-law, unless the development by-law so provides.
Effect of development by-law on caveat
No development by-law rescinds or affects the right of a person to enforce a restriction, interest or covenant registered against land, or the use of land, in the Winnipeg Land Titles Office.
ENVIRONMENTAL IMPACT REVIEW
Council may require a report on the environmental impact of a proposed public work.
Powers of council respecting report
Where council requires a report on the environmental impact of a proposed public work, council
(a) shall be the sole determining authority of the adequacy of the report or any part of it; and
(b) may establish such procedure as it considers necessary.
DEVELOPMENT PERMITS
No person shall undertake a development that is subject to a development by-law without first making application for and obtaining a development permit for the purpose.
Permit for conforming development
Where a person makes application for a development permit in respect of a development, the designated employee shall, where the application conforms with development by-laws, issue a development permit.
Where a person makes application for a development permit in respect of a conditional use, the designated employee shall, where the application is approved by the board of adjustment or, on appeal, by the committee of council designated by by-law, issue a development permit subject to any condition prescribed under section 612.
Development to conform with permit
Every development permit is deemed to contain a condition that the person to whom the development permit is issued shall ensure that the development conforms with any requirement, standard and condition set out or referred to in a by-law passed or an order made under this Part.
Subject to section 155 (warrant), a designated employee or any other officer, employee or agent of the city who is appointed and authorized for the purpose may, at all reasonable times, with the consent of the owner or occupier, and on displaying an identification card, enter and inspect any land or building to administer and enforce this Part or a by-law passed under this Part.
Liability of city and employees
The city and its employees and agents are not liable for any loss or damage by reason of anything done or omitted to be done in the exercise of powers under this Part, except where the loss or damage results from the negligence of the city or its employees or agents.
Cancellation of development permit
Where a development permit or building permit is issued under this Act before the passing of a development by-law that prohibits the issuance of such a permit, council may cancel the permit if the development or building authorized by the permit has not commenced before the development by-law is passed.
Expenses where permit cancelled
If a development permit is cancelled under subsection (1), council shall pay the person who obtained the development permit, or on whose behalf the development permit was obtained, such expenses for the preparation of plans for the building and the promotion of the development as are agreed upon by council and the person.
Where the parties are unable to agree under subsection (2), the person claiming expenses may require that the city submit the claim to arbitration by serving a written notice to that effect on the city.
An arbitration shall be by an arbitrator appointed by the parties or, if they are unable to agree on an appointment, by the minister under The Arbitration Act.
Notwithstanding any other provision in this Act, council may require a building permit or development permit to be withheld for not more than 60 days from the date of the application for the permit.
Within the period provided in subsection (1), council shall consider the application and may
(a) reject the application if council is of the opinion that the proposed development does not conform with the provisions of a Plan Winnipeg by-law or a secondary plan by-law; or
(b) further withhold the permit for not more than 90 days if council is of the opinion that the proposed development does not conform with the provisions of a proposed Plan Winnipeg by-law or a secondary plan by-law that is not in force but had been authorized by council to be prepared for approval under this Act at the time the application for the permit was made, or a proposed development by-law had been referred to a committee of council under subsection 589(3) before the application for the permit was made; and
(c) where a permit is withheld under clause (b), withhold the permit for a further 35 days, if
(i) the proposed Plan Winnipeg by-law was submitted to the minister in accordance with this Part before the application for the permit was made, or before the expiry of the 90 days referred to in clause (b), and
(ii) the decision of the minister under section 581 or of the Lieutenant Governor in Council under section 582 is received at any time before the expiration of the 90 days.
Where a Plan Winnipeg by-law, secondary plan by-law or development by-law comes into force within the time referred to in subsections (1) or (2), the application for a building permit or development permit may be refused; but where council does not pass a development by-law within that time, the permit shall not be further withheld, and the owner of the land in respect of which the permit is withheld under clause 2(b) or (c) is entitled to compensation for damages resulting from the withholding of the building permit or development permit, and subsections 599 (2) to (4) apply, with such modifications as the circumstances require.
NON-CONFORMING USE
Previously conforming building and use continued
A building, or a use of land or a building, that complies with development by-laws before the adoption of a new development by-law may continue notwithstanding that the building or use does not conform with the provisions of the new development by-law.
What constitutes existing building
Subsection (1) applies to a building that, on the day a development by-law comes into force, is lawfully under construction, or for which a building permit for construction of the building is in force.
On the application of a person who has an interest in a building or land that does not conform with a development by-law, and on payment of such fee as council may set, a designated city administrator may issue a certificate respecting the existence or use of the building, or the use of the land, and the certificate is conclusive evidence of the facts stated in it.
Limitation on alteration or addition
A structural alteration or addition may be made to a building that does not conform with a development by-law, if the structural alteration or addition does not increase the non-conformity, and conforms with the development by-law, other by-laws, and any variance granted under this Part.
Damaged non-conforming building
Where a building that does not conform with a development by-law is damaged or destroyed, or is abandoned and has deteriorated, and where council determines that the cost of repair or rebuilding amounts to more than 50%, or such greater percentage as may be specified in a development by-law, of the cost of constructing a new building, the building shall not be repaired or rebuilt except in conformity with the development by-law and any variance granted under this Part.
Non-conforming use ending after 12 months
Where the use of a building or land does not conform with a development by-law, and the building or land is abandoned or not so used for 12 consecutive months, the land or building shall not thereafter be used except in conformity with the development by-law.
Effect of change of ownership on use
A change of owners, tenants or occupants of a building or land is not of itself a change of use of the building or land for the purpose of this section.
Purchase of non-conforming land or building
Council may acquire by expropriation or purchase
(a) a building or land, where the building or the use of the building or land does not conform with a development by-law; and
(b) vacant land having a frontage or depth less than the minimum prescribed by a development by-law for the construction of a building on the land;
and council may dispose of the land or building, and may exchange the land for other land.
VARIANCE
Application for order of variance
Any person who considers that a development by-law affects his or her property or rights injuriously may apply for an order of variance.
By-law on referral of applications
Council may by by-law provide for the referral of applications for orders of variance to a designated city administrator or the board of adjustment.
Procedure by committee or board
Where an application for an order of variance is referred to the board of adjustment, it shall proceed in accordance with sections 632 to 645.
Variance by designated administrator
In a by-law passed under subsection (1), council may authorize the designated city administrator to grant or refuse to grant, in his or her discretion, a variance.
Conditions for allowing variance
An order of variance may be made where the designated city administrator or the board of adjustment is of the opinion that the proposed order
(a) is consistent with Plan Winnipeg, a secondary plan or development by-law;
(b) does not create a substantial adverse effect on the amenities, use, safety and convenience of the adjoining property and adjacent area; and
(c) is the minimum variation of a development by-law required to relieve the injurious effect of the development by-law on the applicant's property.
Conditions applied to variance
Subject to a by-law passed under subsection 607(1), the designated city administrator or the board of adjustment may approve an application for an order of variance subject to any condition that the designated city administrator or the board of adjustment considers necessary to ensure that the proposed development conforms with subsection (1).
Hearing before any condition set
A designated administrator shall not approve an application for an order of variance subject to any conditions under subsection (2) without first conducting a hearing and giving the applicant notice of the date, time and place of the hearing at which the applicant may appear and make representations.
CONDITIONAL USE
An application for a conditional use or to amend an approved conditional use shall be referred to the board of adjustment.
Procedure respecting application
Where the board of adjustment receives an application for a conditional use or an amendment to an approved conditional use, it shall proceed in accordance with sections 632 to 645.
Powers respecting applications
After completing a public hearing in respect of an application for a conditional use or an amendment of an approved conditional use, the board of adjustment may
(a) reject the application; or
(b) approve the application where, in its opinion, the proposed development
(i) is compatible with the area,
(ii) does not create a substantial adverse effect on the amenities, use, safety and convenience of the adjoining property and adjacent area, and
(iii) complies with Plan Winnipeg, secondary plans and development by-laws.
Conditions for conditional use
The board of adjustment may approve a conditional use subject to conditions that ensure the proposed development complies with clause 611(b).
SUBDIVISION OF LAND
SUBDIVISION CONTROL
In sections 614 to 627, "registered plan of subdivision" means a plan of subdivision registered at the Winnipeg Land Titles Office under The Real Property Act, but does not include an explanatory plan filed under section 127 of that Act.
Restriction on registration of instruments
Subject to subsection (3), a district registrar shall not accept for registration any instrument, including an order or judgment of a court, that has or might have the effect of subdividing a parcel unless the subdivision is approved or consent is granted under this Part.
A caveat having the effect of claiming an interest or estate that subdivides land contrary to subsection (1) is void.
A district registrar may accept for registration, without subdivision approval or a consent under this Part, an instrument that has or might have the effect of subdividing a parcel where
(a) the smallest parcel resulting from the subdivision is not less than a quarter section, parish lot, settlement lot, or whole lot or block, as shown on a registered plan of subdivision; or
(b) the land, or any use of or right in the land, is being acquired or disposed of by the city, the Crown or the Manitoba Hydro-Electric Board.
For the purpose of this section, land that is excepted from a title or acquired for a highway, railway line, transmission or distribution line, drain or right of way is deemed not to create a break in the contiguity of the land described in the title.
An easement does not have the effect of subdividing a parcel and shall be deemed not to create a break in the contiguity of the land described in the title.
Council may by by-law declare that a registered plan of subdivision, or part of it, registered for eight years or more is not a registered plan of subdivision.
Notice of the passing of a by-law under subsection (1) shall be sent by registered mail to each person appearing on the assessment roll of the city as the owner of land to which the by-law applies, to the address shown on the assessment roll.
Registration of by-law in L.T.O.
A certified copy of a by-law passed under subsection (1) shall be registered in the Winnipeg Land Titles Office.
A by-law passed under subsection (1) does not come into force until subsections (2) and (3) are complied with.
Unregistered document effecting subdivision
An interest in land is not created or conveyed by an unregistered instrument that has the effect of subdividing land contrary to this Part.
SUBDIVISION STANDARDS
Council shall pass by-laws establishing standards, criteria or requirements respecting the subdivision of land in the city.
A by-law passed under subsection (1) shall conform with this Act, Plan Winnipeg, secondary plans and development by-laws, and may establish standards, criteria or requirements respecting any of the following:
(a) the layout of, and access to, dedicated land, lots, blocks, and other units of land;
(b) the construction, reconstruction and alteration of highways;
(c) the width, grade and elevation of highways, by reference to minimum or maximum standards, criteria or requirements, or to any other standard council considers appropriate;
(d) the provision and location of strips of land to act as buffers;
(e) the efficient use of energy, including the orientation of lots and parcels so as to obtain maximum benefit from solar energy;
(f) transportation systems, including their operation in a manner that is efficient and convenient for citizens;
(g) the determination of whether land is suitable for subdivision;
(h) the provision of utilities and municipal services;
(i) sites for schools, parks and recreation areas;
(j) the protection of sensitive lands;
(k) flood control;
(l) the conveyance or dedication of land for public purposes other than highways;
(m) such other matters as council considers advisable.
Referral of proposed by-law for report
Notwithstanding subsection 628(2), council shall, before giving second reading to a by-law proposed under subsection (2), refer the proposed by-law to a committee of council which shall give notice of, and conduct, a public hearing and submit a report to council in accordance with a by-law passed under subsection 628(1).
SUBDIVISION APPROVAL
An application for approval of a plan of subdivision shall be referred to a committee of council which shall, subject to section 619, proceed in accordance with sections 632 to 645.
Council shall not approve an application for a subdivision unless
(a) the land that is proposed to be subdivided is, in the opinion of council, suitable for the purpose for which the subdivision is intended;
(b) the proposed plan of subdivision conforms with this Act, Plan Winnipeg, and any applicable secondary plan, development by-law and subdivision standards by-law.
Approval by committee of council
Where the committee of council determines that a proposed plan of subdivision conforms with subsection 618(2) and any plan of subdivision respecting adjacent land, and that no condition should be imposed under clause 620(1)(d) or (e), the committee may approve it without proceeding under sections 632 to 645, and may impose a condition
(a) set out in clause 620(1)(a), (b), (c) or (f), but any agreement required under clause 620(1)(f) shall not contain a provision for dedication of land for the a purpose referred to in clause 620(1)(d) or (e);
(b) that land in the proposed subdivision be conveyed to the city or the Crown for the purpose of widening an existing highway.
Hearing before any condition set
The committee of council shall not approve a plan of subdivision subject to conditions under subsection (1) without first conducting a hearing and giving the applicant notice of the date, time and place of the hearing at which the applicant may appear and make representations.
Delegation by committee of council
A committee of council may delegate its authority to approve a plan of subdivision under subsection (1) to a designated city administrator, but may not delegate its authority to impose a condition unless the condition relates to clause 619(1)(b) or 620(1)(b) and is a standard condition in any subdivision approval delegated to the designated city administrator.
Effect of approval of plan of subdivision
The approval of a plan of subdivision under subsection (1) or (3) has the same effect as if council approved it.
CONDITIONS
Conditions for plan of subdivision
Council may by by-law make the approval of a proposed plan of subdivision subject to any of the following conditions:
(a) that not less than 10% of the land be conveyed to the city for a public purpose other than highways, without consideration or for nominal consideration;
(b) that in lieu of setting the condition under clause (a), money be paid to the city for the purchase of land for public purposes other than highways;
(c) that any outstanding taxes, including local improvement assessments, be paid;
(d) that highways within the proposed subdivision be dedicated as council considers necessary;
(e) that where land in a proposed subdivision abutts on an existing highway, land in the proposed subdivision, other than land occupied by an existing building or structure, be conveyed to the city or the Crown for the purpose of making the highway conform with any provision respecting highways in a by-law passed under section 617;
(f) that the owner of land within a proposed subdivision enter into one or more agreements with the city respecting such matters as council considers advisable or necessary, which may include a requirement that
(i) the owner pay to the city some or all of the cost of existing or future public works, including the cost of any environmental, engineering or other studies or reports related thereto, which benefit or will benefit the proposed subdivision,
(ii) the owner construct or pay for all or part of the capacity of the public works in excess of the capacity required for the proposed subdivision,
(iii) the city reimburse the owner for the cost, including interest at such rate as is agreed upon, of the excess capacity under clause (ii) at such time as money is recovered from owners of other lands benefitted by the excess capacity, or at an earlier time.
Where the city enters into an agreement containing a requirement under subclause (1)(f)(iii), the city may, when other land benefitted by the public works is developed or subdivided, enter into an agreement with the owner of that other land requiring the owner to pay an amount, as determined by the city in respect of the public works, which may exceed the cost of improvements required for development or subdivision of the land, including interest at such rate as is agreed upon.
FLOODWAY AREAS
Subject to subsection (2), no approval of, or consent to, a plan of subdivision of land wholly or partly within a designated floodway area, as defined in Part 15.1, shall be given under this Part if it would create, or allow the creation of, a parcel for which a building permit may be issued under section 494.3.
Agreements re land in floodway area
An approval of, or consent to, a proposed plan of subdivision may be given subject to an agreement that prohibits construction on land within a designated floodway area as defined in Part 15.1, other than the works excepted under section 494.3 and recorded against the land by caveat under subsection 626(2), but the agreement shall not be amended to allow other construction in the designated floodway area, and the caveat shall not be withdrawn from registration unless it is withdrawn and re-registered to accommodate procedures of the land titles office.
APPROVED PLAN OF SUBDIVISION
Registration of plan in L.T.O.
A plan of subdivision that is not registered in the Land Titles Office within one year of the day of its approval by council shall not be registered unless the time is extended by council.
CONSENT
Designation of committee of council
Council shall designate a committee of council with authority to grant a consent to a lease, conveyance, grant, assignment, or agreement the registration of which is otherwise prohibited under section 614.
The committee of council may grant a consent under this section if the committee determines that a plan of subdivision is not necessary for the proper and orderly development of the land.
Considerations governing consent
The committee of council has power to impose the same conditions as council may impose under section 620 respecting the approval of a plan of subdivision.
Hearing before refusal or condition set
The committee of council shall not grant a consent subject to conditions, or refuse a consent without first conducting a hearing and giving the applicant notice of the date, time and place of the hearing at which the applicant may appear and make representations.
Delegation to city administrator
The committee of council may delegate to the designated city administrator the authority to grant a consent, but not to impose conditions or refuse consent.
Where a consent is granted, the designated city administrator shall issue a certificate to the applicant stating that the consent has been given, and the certificate is conclusive evidence of the consent and compliance with section 623.
A consent expires two years after the date of a certificate given under section 624 or when the land in respect of which the consent is granted is conveyed or otherwise dealt with in accordance with the consent, whichever first occurs.
Agreements made under condition
The city may enter into an agreement imposed as a condition to the approval of a plan of subdivision or to the granting of consent.
A caveat giving notice of an agreement referred to in subsection (1) may be filed in the Winnipeg Land Titles Office, and thereafter the agreement runs with the land and, without special mention in the instrument, binds the owner of the land, a successor in title to the owner, and an heir, executor, administrator or assign of the owner.
Deposit of money from conveyed land
If council determines that land conveyed under clause 620(1)(a) is not required for a public purpose, the land may be sold or leased, and money
received by the city from the sale or lease shall be paid into the reserve fund referred to in subsection (2).
Deposit into, and use of, reserve fund
Money paid under subsection (1) or in lieu of a conveyance of land to the city as a condition of the passing of a development by-law, the approval of a plan of subdivision, or the
granting of a consent under this Part, shall be deposited in a reserve fund and used to purchase land for a public purpose other than highways or, with the approval of council, used in whole or in part for a public purpose other than the purchase of land.
PROCEDURE
Content of by-law on procedure
Council shall pass by-laws respecting procedure, which may include
(a) procedure for making an application, the form and content of an application, information to be submitted in support of an application, procedure for making a decision on an application, including repeated applications in respect of a matter, and time periods in which a decision respecting an application is to be made and be in force, and notice of a decision is to be given;
(b) the requirements for issuing notice of, and procedure for conducting, a public meeting on a matter to be the subject of a public hearing, and the content of a notice;
(c) requirements for issuing notice of a public hearing respecting a review of Plan Winnipeg or a proposed by-law on subdivision standards, and the content of a notice;
(d) requirements respecting the posting of notices, including the size, content and maintenance of posted notices;
(e) requirements for giving notice of a committee report or decision made under this Part, including giving notice where a written representation is made by or on behalf of more than one person;
(f) a tariff of fees for applications, permits, inspections, copies of by-laws and records of public hearings, and other matters respecting the administration of this Part;
(g) designating employees and city administrators responsible for the administration and enforcement of this Part;
(h) the conduct of public hearings, including making a record thereof, procedure where the record is defective, recording the names and addresses of persons who make representations, public access to such records, quorum, and procedures for adjournment;
(i) designating the committee or committees of council responsible for provisions in this Part;
(j) the names of any persons, agencies and organizations, including school boards and municipalities adjacent to the city, to be consulted under this Part, and the manner of consultation;
(k) the right to appeal a decision, in addition to any right to appeal provided under this Part;
(l) procedure for appealing a decision, including time periods for appeal;
(m) procedure for hearing appeals;
(n) such other matter as council considers necessary or advisable.
By-law not subject to notice, hearing
A by-law proposed, adopted or amended under subsection (1) is not subject to sections 632 to 645.
An application for adoption of a development by-law, the approval of a plan of subdivision, conditional use or variance, or consent to conveyance, may be made by the owner of the building or land to which the application refers, or by a person authorized in writing by the owner.
Repeated application on same matter
An application referred to in subsection (1) may be refused if, in the opinion of a committee of council or the board of adjustment, it is the same or substantially the same as an application that was rejected within 1 year of the date of the new application.
Conformity with Plan Winnipeg and secondary plan
An application for a development by-law or approval of a plan of subdivision that does not conform with Plan Winnipeg and any secondary plan for the area in which the land or building is located shall be rejected.
Where council is of the opinion that a proposed amendment to a by-law passed under this Part is of a minor nature and does not prejudice the rights of any person, council may amend the by-law without proceeding under sections 632 to 645.
NOTICE OF PUBLIC HEARING
A notice of a public hearing under this Part shall include the following:
(a) an explanation of the nature of the matter to be considered at the public hearing;
(b) the date, time and place of the public hearing, and the name of the committee or board conducting the public hearing;
(c) a statement that the purpose of the public hearing is to receive representations respecting the matter to be considered;
(d) a statement that documents respecting the matter are available for any person to inspect and to make a copy, subject to the payment of such fee as council may set, at a place and during times specified in the notice;
(e) a general description of the area or unit of land affected by the matter to be considered;
(f) where the matter to be considered changes the use of a specific building or unit of land, a map showing the area in which the building or land is located, including reference to street names or other boundaries;
(g) such other matters as council considers advisable.
Subject to subsection (5), a notice of a public hearing under this Part shall be given as follows:
(a) by serving a copy of the notice personally or by mail at least 14 days before the day of the public hearing on
(i) the applicant,
(ii) any municipality or planning district located in whole or part within one km, or such greater distance as council considers advisable, of the land or building in respect of which the public hearing is to be conducted, and
(iii) any other person that council considers advisable;
(b) by publishing the notice at least once in two newspapers with general circulation in the city, not less than 14 days before the day of the public hearing;
(c) in the case of a Plan Winnipeg by-law or secondary plan by-law, by publishing the notice in two newspapers with general circulation in the city, at least once per week for two consecutive weeks, the first to be published not less than 21 days before the day of the public hearing;
(d) in the case of a Plan Winnipeg by-law, by serving a copy of the notice on the minister personally or by mail not less than 21 days before the day of the public hearing;
(e) in any other manner council considers necessary or advisable.
A notice served by mail under subsection (2) shall be sent to the address of the person to be served, as the address is determined by council by by-law passed under subsection 628(1), and is deemed to be received by the person on the day that Canada Post confirms is the day on which the notice is delivered to the address to which it is mailed.
Where a designated employee determines that an application that is subject to a public hearing affects only a specific building or building site, a notice of the application shall be posted in accordance with subsection 634(1), and the posting of a notice may, subject to a by-law passed under subsection 628(1), substitute for publication of the notice in a newspaper under clause (2)(b).
Notice of Municipal Board hearing
Notice of a public hearing by The Municipal Board under subsection 581(4) shall be given by serving a copy of the notice, personally or by mail not less than 14 days before the public hearing, on the city and any person who made a representation at the previous public hearing or filed an objection, and in such other manner as The Municipal Board considers advisable.
Minister may vary notice provisions
Notwithstanding section 632, the minister may, at the request of council, The Municipal Board or board of adjustment, in writing vary the requirements for notice under this Part where he or she is satisfied that it is impossible or impractical to comply with them.
A notice posted under subsection 632(4) shall be
(a) posted for not less than 14 consecutive days before the day of the public hearing; and
(b) displayed outdoors in conspicuous locations facing each street adjacent to the land or building referred to in the notice, and located so that the notice is not more than one metre inside the lot line.
Evidence that a copy of a notice was posted on at least one occasion during the period referred to in subsection (1) is deemed to be conclusive proof that the notice was posted for the required time.
Material available for inspection
Council shall make available, at the place and during hours stated in a notice given under section 632, a copy of the proposed by-law or application and any supporting material, and shall permit any person to inspect it, and to make a copy of it or any part of it, subject to the payment of such fee as council may set by by-law.
PUBLIC HEARINGS
In sections 638 to 640 "hearing body" means council, a committee of council, The Municipal Board or the board of adjustment.
Public meeting before public hearing
A committee of council required to conduct a public hearing under this Part may first convene a public meeting for discussion of the subject of the public hearing, in accordance with a by-law passed under subsection 628(1).
Where a notice is given under section 632, the hearing body shall, at the time and place referred to in the notice, conduct a public hearing and receive representations from any person, on his or her own behalf or on behalf of another person.
Minister authorizing person to appear
The minister may authorize any person to appear at a public hearing conducted under this Part to make representations, submit evidence and present argument for and on behalf of the government.
Council authorizing person to appear
Council may authorize any person to appear at a public hearing conducted under this Part to make representations, submit evidence and present argument for and on behalf of council.
A hearing body may receive all representations on one day, or adjourn from time to time until all representations are received; and where a public hearing is adjourned, the hearing body shall determine the date, place and time at which the public hearing is to continue.
Continued hearing on new matter
Subject to subsection (3), a hearing body may receive representations in respect of a new matter not mentioned in the notice given for the public hearing, after an adjournment and before the conclusion of the public hearing.
Public notice of continued hearing including new matter
Before a public hearing is continued pursuant to subsection (2), the hearing body shall give notice of the public hearing in accordance with sections 632 to 635.
Council may refuse certain petitions
Where under this Part or a by-law passed under this Part, a matter is required to be considered at a public hearing conducted by a committee of council, The Municipal Board or the board of adjustment, council may refuse to receive representations or petitions respecting the matter.
Restrictions on representations
A hearing body may restrict the nature and length of representations at a public hearing.
Combined notices, public hearings
A notice and public hearing required under this Part in respect of a proposed development may be combined with another notice and public hearing where the proposed development requires two or more of the following:
(a) an amendment to Plan Winnipeg;
(b) an amendment to a secondary plan;
(c) an amendment to a development by-law;
(d) an application for an order of variance;
(e) an application for a conditional use;
(f) an application for the approval or amendment of a plan of subdivision.
Conduct of combined public hearing
A public hearing authorized under subsection (1) shall be conducted
(a) by the board of adjustment, where the public hearing is in respect of a variance and conditional use; and
(b) by a committee of council, in all other cases.
DECISIONS
Committee decision or recommendation
A committee of council that conducts a public hearing under this Part for the purpose of making a decision or a recommendation to council respecting a proposed by-law or application shall consider representations made at the public hearing and shall with stated reasons approve, reject, or approve with conditions, the proposed by-law or application, or recommend to council that it approve, reject, or approve with conditions, the proposed by-law or application.
When a committee of council completes a public hearing under this Part, the clerk of the committee shall, within 30 days after the public hearing is completed or within such further time as council may allow, prepare and forward to council a report containing a summary of representations made at the public hearing, the decision or recommendation of the committee of council, the stated reasons for the decision or recommendation, and such other information as council requires.
A majority vote of the members of a committee of council present at a public hearing is the decision of the committee of council.
Where there is a tie vote in a committee of council in respect of a by-law or application, the by-law or application is deemed to be rejected where the committee of council is empowered to make a decision and, where the committee of council is empowered to make a recommendation, the report to council shall contain no recommendation.
When a committee of council makes a report to council under this Part, the clerk of the committee shall as soon as practicable give notice by mail, in accordance with a by-law passed under section 628, to the applicant and any person who made representations at the public hearing, of the content of the report and the date, time and place of the meeting at which council is to consider the report.
Notice of decision by board of adjustment
Where the board of adjustment makes a decision respecting an application for a variance or conditional use, the secretary of the board of adjustment shall as soon as is practicable give notice by mail, in accordance with a by-law passed under section 628, to the applicant and any person who made representations at the public hearing, of the decision and the right to appeal the decision to the committee of council designated by by-law.
Notice of decision by designated city administrator
When a designated city administrator makes a decision that is subject to appeal under this Part, he or she shall as soon as practicable give notice by mail, in accordance with a by-law passed under section 628, of the decision and the right to appeal the decision to the the committee of council designated by by-law
(a) to the applicant; and
(b) in the case of a variance granted under subsection 607(3), in addition to the notice requirements set out in a by-law passed under clause 628(1)(e), to the owners of land adjoining the property in respect of which the variance is granted, where the variance exceeds 5% of the requirement set out in the development by-law.
Referral of report to board of adjustment
Council may refer the report of a committee of council respecting a secondary plan by-law or development by-law, or an application for approval of a plan of subdivision, to the board of adjustment, which shall conduct a public hearing in accordance with a by-law passed under subsection 651(1), and submit a report and recommendations to council.
Before council makes a decision respecting a proposed secondary plan by-law or development by-law, or an application for approval of a plan of subdivision, council shall consider the report submitted under subsection 642(2) and any report of the Planning Appeal Board submitted under section 644, and shall decide with stated reasons to approve, reject, or approve with conditions, the proposed by-law or application.
Notification of decision of council
When council makes a decision under subsection (1), council shall as soon as is practicable give notice of the decision by registered mail to any person who made representations at the public hearing.
Notice of passing of Plan Winnipeg by-law
After a Plan Winnipeg by-law is passed, council shall publish at least one notice thereof in a newspaper with general circulation in the city, and the notice shall name a place at which the Plan Winnipeg by-law may be inspected by any person during regular office hours.
APPEALS
In sections 646 to 651, "board" means the board of adjustment established under section 649.
Right to appeal re variance or conditional use
A person who makes a representation at a public hearing conducted by the board respecting a variance or conditional use, or who is notified of a decision by a designated city administrator under subsection 643(3), may appeal the decision respecting the variance or conditional use to the committee of council designated by by-law, in accordance with procedure set out in a by-law passed under section 628.
Appeal procedure before committee
Where the committee of council receives an appeal under subsection (1), it shall conduct a public hearing and make a decision in accordance with a by-law passed under subsection 628(1).
Application of provisions to committee
Subsections 608(1) and (2), and sections 611 and 612 apply to a decision of a committee of council made under subsection (2).
An appeal to the Court of Queen's Bench may be taken on a question of law by a person affected by a decision, within 30 days of the making of the decision, under the following provisions:
(a) the passing of a Plan Winnipeg by-law under sections 581 or 582;
(b) the passing of a secondary plan by-law under section 584;
(c) the passing of a development by-law under section 589;
(d) a decision respecting a subdivision under section 618, 619 or 620;
(e) a decision respecting a consent under section 623;
(f) a decision of a committee of council under subsection 647(2).
BOARD OF ADJUSTMENT
There is hereby established a board of adjustment comprised of as many members as council appoints in accordance with subsection 650(2).
The board shall
(a) subject to a by-law passed under subsection 607(1), hear and determine, in accordance with a by-law passed under section 628, an application for an order of variance or for a conditional use;
(b) report and make recommendations to council on a proposed secondary plan by-law or development by-law, and an application for approval of a plan of subdivision referred by council; and
(c) report and make recommendations to council on any planning or development matter referred by council.
Council shall appoint not fewer than three persons to be members of the board, and no member may hold a provincial or municipal office by appointment or election while a member of the board.
The board shall sit in panels of three members selected by the chairperson.
A panel has the powers of the board, and a decision of the panel is a decision of the board.
Council shall pass by-laws in respect of the board to provide for
(a) the appointment of members, including temporary appointments to fill vacancies, in such manner as to ensure that the terms of no more than 1/3 of the members expire in any year;
(b) the designation of a member as chairperson and a second member as vice-chairperson;
(c) the payment to members of remuneration and expenses incurred in the performance of duties;
(d) rules of practice and procedure;
(e) a tariff of fees for any matter heard by the board;
(f) the appointment of a secretary;
(g) such other matter as council considers necessary or advisable.
By-law not subject to notice, hearing
A by-law proposed under subsection (1), or a proposed amendment of a by-law adopted under subsection (1), is not subject to sections 632 to 645.
COMPLIANCE
A plan, by-law, resolution, order, decision, determination or procedure made or passed under this Part is binding on the city and all persons.
EXEMPTION ORDER
Where a proposed order under section 671.1 relates to Plan Winnipeg, a secondary plan, a development by-law, an application for an approval of a plan of subdivision, an application for a variance or for a conditional use, the Lieutenant Governor in Council shall not make the order until a public meeting is conducted under subsection (2) and the report made under subsection (5) is delivered to the minister.
The public meeting shall be held for the purpose of receiving representations on the proposed order and it shall be conducted by a person appointed by the minister.
A person appointed under subsection (2) shall
(a) cause at least one notice of the date, time and place of the public meeting to be published in a newspaper having a general circulation in the area which, in his or her opinion, is significantly affected by the proposed order; and
(b) serve the notice by registered mail on any community committee that the person considers is significantly affected.
Public meeting may be adjourned
A person appointed under subsection (2) may receive all representations on the same day or, if the person considers it advisable, adjourn the meeting from time to time until all representations are received.
A person appointed under subsection (2) shall within 30 days after the appointment submit to the minister a report in writing setting forth
(a) a summary of the representations made at the public meeting;
(b) the person's determination of the facts; and
(c) the person's opinion of the effect of the order proposed under subsection (1).
Where a person appointed under subsection (2) fails to carry out his or her duties in accordance with this section, the minister shall revoke the appointment of the person and appoint another person.
When a person appointed under subsection (2) completes his or her duties under this section, the government shall pay his or her remuneration and expenses approved by the minister.
The following is added after section 671:
EXEMPTION ORDER
Subject to section 653, where the Lieutenant Governor in Council considers it in the public interest and advisable for the purpose of carrying out or participating in a program or project that he or she deems to be a government program or project, the Lieutenant Governor in Council may by regulation order that a by-law, resolution, decision or procedure passed, made or required under this Act does not apply to and is not binding on an agency or person, including a statutory corporation or institution, named in the regulation for purposes set out in the regulation.
Section 687 is amended by striking out "the Winnipeg development plan" and substituting "Plan Winnipeg".
Section 688 is repealed and the following is substituted:
Conditional approval of subdivision in additional zone
Where before the repeal of provisions of this Act respecting the additional zone by The City of Winnipeg Amendment Act (3), S.M. 1989-1990, chapter 52, council approved subject to conditions a proposed plan of subdivision in the additional zone, the approval is deemed for the purposes of a subdivision that was not completed by January 1, 1991 to be a conditional approval under clause 64(2)(a) of The Planning Act and is subject to the provisions of that Act.
TRANSITIONAL
Continuation of matters under Parts 15 and 20
Notwithstanding the repeal of Parts 15 and 20 of The City of Winnipeg Act and the substitution of new provisions under this Act, a matter or proceeding commenced under the repealed Parts, or under a provision of a regulation passed under section 491 of the repealed Part 15, may be continued and completed in accordance with those provisions, and shall be taken up and continued under the provisions substitituted, as far as is consistently possible.
Repeal effective on proclamation
Notwithstanding their repeal by sections 13, 14, 17 and 18 of this Act, the following provisions remain in force and effect until the proclamation of the provisions referred to in subsections 27(5) and (6):
(a) sections 411 to 413, 485 to 494, 624.1 and 642; and
(b) subsections 625(10) to (16), 626(3) to (5) and 627(6).
CONSEQUENTIAL AMENDMENTS
THE MUNICIPAL BOARD ACT
The Municipal Board Act is amended by this section.
Subsection 95(1) is amended
(a) by adding "a municipality or" after "upon the application of"; and
(b) by striking out "clause 112(3)(g)" and substituting "clause 117(6)(g)".
Subsection 95(3) is amended by striking out "or within the additional zone as that expression is defined in The City of Winnipeg Act".
Subsection 104(3) is amended by striking out "or the additional zone as that expression is defined in The City of Winnipeg Act".
THE REAL PROPERTY ACT
The Real Property Act is amended by this section.
Subsection 117(2) rep. and sub.
Subsection 117(2) is repealed and the following is substituted:
Subsection (1) does not apply to land situated within The City of Winnipeg.
Subsection 117(4) is amended by striking out "and the committee of environment".
Clauses 127(3)(a) and (c) amended
Subsection 127(3) is amended
(a) in clause (a), by striking out "or the additional zone as that expression is defined in The City of Winnipeg Act,";
(b) in clause (c), by striking out "or in the additional zone as that expression is defined in The City of Winnipeg Act".
Subsection 148(2) is amended by striking out "637(1)" and substituting "614(1)".
THE RIVERS AND STREAMS ACT
Rivers and Streams Act repealed
The Rivers and Streams Act, R.S.M. 1988, c. R160, is repealed.
COMING INTO FORCE
Subject to subsections (2) to (7), this Act comes into force on the day it receives royal assent.
Section 6 (auditor) is retroactive and is deemed to have come into force on March 15, 1990.
Section 11 (business tax) is retroactive and is deemed to have come into force on January 1, 1991.
Retroactive: provision in section 18
Section 620 (plan of subdivision agreement), as enacted by section 18 of this Act is retroactive and is deemed to have come into force on July 20, 1972.
Proclamation: provisions in section 17
The following provisions, as enacted by section 17 (waterways) of this Act, come into force on proclamation:
(a) sections 494.1 to 494.2 (regulated areas);
(b) sections 494.3 to 494.7 (floodway areas);
(c) sections 494.81 to 494.91.
Proclamation: provisions in section 18
The following provisions, as enacted by section 18 of this Act, come into force on proclamation:
(a) section 617 (subdivision standards);
(b) sections 646 to 648 (appeals).
Section 21 is retroactive and is deemed to have come into force on January 1, 1991.
Section 26 (repeal of The Rivers and Streams Act) comes into force on proclamation.