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S.M. 1996, c. 47
THE NORTHERN AFFAIRS AMENDMENT ACT
(Assented to November 19, 1996)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The Northern Affairs Act is amended by this Act.
The following is added after section 12:
In this section, "person" includes a local committee, community council, Indian Band or unincorporated association.
Powers of minister re money owing to incorporated community etc.
When
(a) an amount of money is payable by the government to a person; and
(b) the minister is satisfied that the person owes a specific amount of money (the "amount of indebtedness") to a local committee, community council or incorporated community;
the minister may
(c) deduct the amount of indebtedness from the amount of money payable to the person by the government; and
(d) pay the amount deducted to the local committee, community council or incorporated community.
Powers of minister re money owing by incorporated community etc.
When
(a) an amount of money is payable by the government to a local committee, community council or incorporated community; and
(b) the minister is satisfied that the local committee, community council or incorporated community owes a specific amount of money (the "amount of indebtedness") to a person;
the minister may
(c) deduct the amount of indebtedness from the amount of money payable to the local committee, community council or incorporated community by the government; and
(d) pay the amount deducted to the person.
The minister shall without delay after deducting the amount of indebtedness under subsection (2) or (3) send a notice setting out particulars of the deduction by ordinary mail to the person or local committee, community council or incorporated community, as the case may be, from whom the deduction was made, at the address last known to the minister.
The amount of the indebtedness deducted by the minister and paid in accordance with subsection (2) or (3) is deemed to have been paid to the person or the local committee, community council or incorporated community to whom it was payable by the government.
Section 17 is repealed and the following is substituted:
Application of certain provisions of Parts V and VI
The following apply with the necessary modifications to a local committee or community council:
(a) section 38;
(b) sections 41 to 54, except clauses 47(3)(a) and (b);
(c) section 59 and sections 63 to 65.
Sections 22 and 23 are repealed and the following is substituted:
Regulation incorporating incorporated community
The Lieutenant Governor in Council may incorporate an incorporated community by regulation.
A regulation under subsection (1) shall
(a) describe the boundaries of the incorporated community and give it a name;
(b) specify whether the mayor is to be elected by the electors of the incorporated community or by the members of the incorporated community council; and
(c) specify the number of members of the incorporated community council
(i) including the mayor, if the mayor is to be elected by the council from its members, or
(ii) in addition to the mayor if the mayor is to be elected by electors.
Additional regulation-making powers
A regulation under subsection (1) may
(a) provide
(i) for the election of the first members of an incorporated community council, or
(ii) that the members of a community council or a local committee functioning in the area to be included in the boundaries of the incorporated community constitute the council of the incorporated community on the date specified in the regulation;
(b) if a regulation is made under subclause (a)(i), notwithstanding any regulation made under section 109,
(i) designate the first enumerator, the first revising officer and the first returning officer and assistants to them or any one or more of them, for the incorporated community,
(ii) specify the date by which the preparation and revision of the first voters list shall be completed,
(iii) specify the date and time when, and the place where, nominations of candidates for members of the first incorporated community council shall be made,
(iv) specify the date and time when elections shall be held for the members of the first council of the incorporated community;
(c) subject to regulations made under section 109, fix the terms of office of the members of the first incorporated community council;
(d) specify the date, time and place of the first meeting of the first incorporated community council;
(e) designate the person to act as clerk of the incorporated community until the incorporated community council appoints a clerk;
(f) notwithstanding subsection 89(1), specify the commencement and termination dates of the incorporated community's first fiscal year;
(g) make such additional provisions as in the opinion of the Lieutenant Governor in Council are necessary or advisable for the establishment of the incorporated community and the election or constitution and the operation of its first incorporated community council.
Defining boundaries of incorporated community
A regulation under subsection (1) may define the boundaries of an incorporated community by reference to a survey based on astronomical bearings, or, if such a survey is not available, to a photogrammetric survey.
When community council etc. ceases to exist
When a regulation under subsection 22(1) makes a provision described in subclause 22(3)(a)(ii) (members of a community council or a local committee constitute the council of an incorporated community), the community council or local committee ceases to exist when the regulation comes into force.
The following provisions are amended by striking out "Where section 23 applies" and substituting "When a regulation under subsection 22(1) makes a provision described in subclause 22(3)(a)(ii)":
(a) sections 24 and 25; and
(b) subsections 28(1) and (2).
Subsection 31(1) is repealed and the following is substituted:
Consultation before amending regulation
Before amending a regulation made under section 22, the minister shall consult in such manner as he or she considers appropriate with
(a) the council of the incorporated community;
(b) in the case of an amendment that would add an area to or remove an area from the incorporated community, the adult residents of the area; and
(c) in the case of any other amendment, with the adult residents of the incorporated community.
Section 32 is amended by striking out "articles of incorporation of the incorporated community or by a regulation of the Lieutenant Governor in Council amending the articles of incorporation" and substituting "regulations".
Subsection 33(1) is amended by striking out "Subject to the articles of incorporation of an incorporated community council, its members" and substituting "The members of the council of an incorporated community".
Subsection 34(1) is repealed and the following is substituted:
The mayor of an incorporated community shall hold office for such term as is provided in the regulations.
Subsection 34(3) is amended in the part preceding clause (a) by striking out "articles of incorporation or".
Subsection 35(1) is repealed and the following is substituted:
Consultation within five years of incorporation
Within five years after a regulation incorporating an incorporated community is made under section 22, the minister shall consult with the incorporated community council and such adult members of the incorporated community as he or she considers advisable and, after the consultations, may recommend to the Lieutenant Governor in Council that the regulation incorporating the incorporated community be amended or repealed.
Section 40 is amended by striking out "sections 81 to 86" and substituting "sections 81 and 82, subsection 83(1), sections 84 to 86".
Subsection 43(1) is repealed and the following is substituted:
Clerk to give notice of meeting
Subject to subsection (2), the clerk shall give written notice to each member of the incorporated community council of the date, time and place of each meeting, unless the council has passed a resolution or by-law under subsection (1.1), in which event the clerk shall give notice in accordance with the resolution or by-law.
By-law or resolution re notice of meetings
An incorporated community council may by resolution or by-law provide that notice of the date, time and place of meetings of council be given other than in writing.
Sections 50 to 53 are repealed and the following is substituted:
Inspection of books and documents
The clerk of an incorporated community, on demand by any person when the office of the incorporated community is open, shall without delay produce for examination by the person
(a) the latest assessment roll;
(b) the latest list of electors;
(c) any monthly financial statement for the then current year prepared by the treasurer;
(d) any report of the auditor;
(e) the minutes of any meeting of the incorporated community council; or
(f) any by-law or resolution of the incorporated community council.
With the approval by resolution of the incorporated community council, the clerk of an incorporated community, on demand by any person when the office of the incorporated community is open, shall without delay produce for examination by the person any other record or document of the incorporated community in the possession or under the control of the clerk.
The clerk, on demand by a person and on payment of the fee set under subsection (4), shall within a reasonable time furnish to any person a copy, certified under the clerk's hand and under the corporate seal of the incorporated community, of any record or document
(a) referred to in subsection (1); or
(b) that the clerk is required to produce for examination under subsection (2).
The council of an incorporated community may by by-law or resolution set a fee per page for copies of records and documents described in subsection (3).
Any clerk who contravenes this section is guilty of an offence and is liable on summary conviction to a fine of not more than $500.
Section 59 is repealed and the following is substituted:
Except where otherwise specifically provided in this Act, any oath, affirmation, affidavit, statutory declaration, or other declaration that is required or authorized to be administered, sworn, affirmed, taken, made or declared under this Act may be administered by, or sworn, affirmed, taken, made or declared before,
(a) a person by or before whom an oath, affirmation, affidavit, or statutory declaration may be administered, sworn, affirmed, taken, made, or declared within the province under The Manitoba Evidence Act; or
(b) an enumerator, revising officer, returning officer or poll clerk, or the mayor.
Oath of official not to be taken before himself
A person required or authorized under this Act to take, affirm, make or declare an oath, affirmation, affidavit, statutory declaration or other declaration shall not administer the oath or affirmation to himself, or take, affirm, make or declare the affirmation, affidavit, statutory declaration or other declaration before himself.
A person referred to in subsection (1) who administers an oath or affirmation or takes or receives an affirmation, affidavit, statutory declaration or other declaration under this Act shall do so without fee or charge.
Affirmation of witness instead of oath
A person who is about to give evidence or who takes an affidavit shall be permitted to make a solemn affirmation or declaration in the manner provided in The Manitoba Evidence Act instead of taking an oath, and, when the person makes the solemn affirmation or declaration, the evidence or affidavit shall be given or taken and has the same effect as if taken or made under oath.
Where a person to whom subsection (4) applies is about to give evidence on affirmation or declaration, it shall be in the following form:
I (you) A.B. solemnly affirm (or declare) that the evidence to be given by me (you) shall be the truth, the whole truth, and nothing but the truth.
In this Act, a reference to the taking or swearing of an oath or affidavit includes the making of an affirmation or a declaration.
Subsection 61(1) is repealed and the following is subtituted:
Sections 188 to 191 and 194 to 202 of The Municipal Act apply with such modifications as the circumstances require to the enactment of by-laws by an incorporated community council.
Subsection 63(2) is repealed and the following is substituted:
Administrative duties of clerk.
The clerk of an incorporated community shall
(a) subject to subsections 44(8) and (9), truly record in a minute book, without note or comment, all resolutions, decisions and other proceedings of the incorporated community council;
(b) if required by any member of the incorporated community council as provided in subsection 44(6), record the name and vote of every member voting on any matter submitted;
(c) enter in the minutes of every meeting the names of the members of the incorporated community council present at the meeting;
(d) transcribe into a suitable register, and have custody of, all by-laws and, having seen to their proper completion, preserve and keep safe the original by-laws;
(e) subject to any by-laws regarding the retention of documentation, take charge of and keep on record all other books, papers, accounts, plans, maps, correspondence and other documents committed to his charge by the incorporated community council and deliver them to his successor or such other person as the council may designate upon his ceasing to hold office;
(f) prepare and transmit to the minister such statements and reports and such other information in regard to the incorporated community as may be required by the minister and in such form as the minister may direct;
(g) when required to do so by the auditor or the minister or any person authorized by the minister for the purpose, produce the minute and other books and all papers and records of any kind in his possession that the auditor or the minister is entitled to examine under this Act;
(h) advise the minister of the names and addresses of the persons elected as councillors or mayor without delay after the holding of any regular election or by-election;
(i) have custody of the corporate seal of the incorporated community; and
(j) perform such other duties as the incorporated community council may prescribe.
Where the clerk of an incorporated community is absent from the incorporated community, or is incapable, through illness or other cause, of performing his duties, or where the office of clerk is vacant, the incorporated community council may, by resolution, appoint another person, who is not a member of the council, as acting clerk to act in the stead of the clerk.
A person appointed under subsection (1) has all the powers, and shall perform all the duties, of the clerk, and is subject to all the penalties to which the clerk is liable.
Section 64 is repealed and the following is substituted:
The clerk of every incorporated community shall
(a) collect, receive, and safely keep all money belonging to, or accruing to, the incorporated community, and issue or cause to be issued receipts for the money;
(b) at least once in each week deposit, or cause to be deposited, all money of the incorporated community received by him, in a bank designated by the incorporated community council, to the credit of the incorporated community in an account kept in the name of the incorporated community;
(c) deposit, in a separate trust bank account or accounts in a bank designated by the incorporated community council, to the credit of the incorporated community, all trust money of the incorporated community;
(d) pay all accounts that are a proper charge against the incorporated community and payment of which has been properly authorized by the incorporated community council as provided herein;
(e) subject to subsection (2), sign all necessary cheques;
(f) keep the money of the incorporated community entirely separate from his own money; and
(g) prepare and transmit to the minister such statements, reports and other information in regard to the incorporated community as may be required by the minister and in such form as the minister may direct.
The mayor, or such other person as the incorporated community council by resolution appoints, shall sign all cheques with the clerk.
A clerk, within five days after his appointment to office, shall inform the minister of the appointment and of his full name and post office address, and the name of the bank and its branch in which the incorporated community for which he is clerk keeps its account.
At the first meeting of the incorporated community council in each year the clerk shall make a written statement to the council showing therein all occupations in which he is engaged, that involve the receipt by him of money other than that belonging to the incorporated community, and the clerk shall subsequently report any such additional occupation or any discontinuance thereof as and when it occurs.
A clerk shall on or before the 20th day of each month prepare and deliver to the mayor of the incorporated community a statement showing
(a) the revenue and expenditure of the incorporated community for the period from the beginning of the year in which that month occurs up to the last day of the last preceding month;
(b) the standing of general ledger balances as at the last day of the last preceding month; and
(c) the standing of all accounts as at the last day of the last preceding month;
and any other information that may be required, in a form prescribed by the minister; and the statement shall be read at the next meeting of the incorporated community council and handed to the finance committee to examine and report thereon.
Except as permitted by this Act, no member of the council of an incorporated community shall receive any money from the clerk for any work or services performed or to be performed by the member or any other person, or for any material supplied, or to be supplied, by the member or any other person.
The clerk is not liable to any action at law for any money paid by him in accordance with any by-law or resolution passed by the incorporated community council, unless another disposition of the money is expressly made or the payment thereof is expressly forbidden by statute.
Every clerk is responsible for conducting the business and performing the duties of his office in accordance with this Act and the regulations and any by-laws and resolutions of the incorporated community.
Section 65 is repealed and the following is substituted:
The council of an incorporated community may by resolution appoint an administrator.
Where community has both administrator and clerk
The council of an incorporated community that has an administrator and a clerk may by resolution determine which of the functions of the clerk in sections 63 and 64 are to be carried out by the administrator and thereupon the functions of the clerk are deemed to be those of the administrator and cease to be those of the clerk.
Section 72 is repealed and the following is substituted:
The minister may
(a) appoint such suitable and qualified persons as auditors as the minister deems necessary to carry out the duties of auditors imposed under this Act; and
(b) specify the person or persons to whom each auditor shall report.
Section 77 is repealed and the following is substituted:
Sections 604 to 615 of The Municipal Act apply to incorporated communities with such modifications as the circumstances require except that a reference to the "director" shall be read as a reference to the person or persons to whom an auditor is required to report under clause 72(b).
Clauses 109(1)(f) and (i) are repealed.
Subsection 109(3) is repealed.
Section 110 is amended by striking out "Any person" and substituting "Except as otherwise provided in this Act, any person".
This Act comes into force on the day it receives royal assent.