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S.M. 2002, c. 39
The City of Winnipeg Charter Act
Table of Contents
| INTERPRETATION, PURPOSES AND GENERAL AUTHORITY | |
| 1 | Definitions |
| 2 | Determination of person responsible |
| 3(1) | Geographic application of by-laws |
| (2) | Application of by-law of another municipality |
| 4 | By-laws or resolution inconsistent with Acts |
| 5(1) | Purposes of city |
| (2) | City is responsible and accountable |
| 6(1) | Broad authority |
| (2) | General powers not limited by specific |
| 7(1) | Natural person powers |
| (2) | Specific powers |
| PART 2 | |
| CITY BOUNDARIES | |
| CONTINUATION | |
| 8 | City continued |
| AREA | |
| 9(1) | Boundaries and area |
| (2) | Reference to maps |
| (3) | Time of effect of regulation |
| WARDS | |
| 10 | Number of wards |
| 11(1) | Establishment of wards commission |
| (2) | Substitute members of commission |
| (3) | Appointment of other acting members |
| (4) | Duty of acting member |
| (5) | Remuneration and assistance for commission |
| 12 | Report of commission |
| 13(1) | Population of city |
| (2) | Criteria for boundaries |
| (3) | Variation in population base |
| 14(1) | Initial hearing |
| (2) | Preparation of draft report |
| (3) | Notice of hearing on draft report |
| (4) | Publication of notices |
| (5) | Final report |
| (6) | Effect of report |
| 15(1) | Changing names of wards |
| (2) | Effect of alteration of wards on councillors |
| PART 3 | |
| COUNCIL | |
| DIVISION 1 | |
| COMPOSITION AND TERM OF OFFICE | |
| 16(1) | Composition of council |
| (2) | Council a continuing body |
| 17(1) | Changing number of wards |
| (2) | By-law applying to next general election |
| (3) | By-law applying after next general election |
| (4) | Public hearing required |
| (5) | Second reading of proposed by-law |
| (6) | By-law to be read at different meetings |
| (7) | Requirement re ward boundaries commission |
| 18(1) | Term of office |
| (2) | Term after by-election |
| DIVISION 2 | |
| ELECTIONS | |
| 19 | General elections |
| 20 | Election of mayor |
| 21 | Election of councillors |
| 22 | Nomination to two offices invalid |
| QUALIFICATIONS | |
| 23(1) | Qualifications of candidates |
| (2) | Individuals disqualified |
| EMPLOYEES' RIGHTS IN ELECTIONS | |
| 24(1) | Definitions |
| (2) | Employees rights in elections |
| (3) | Statutory officers and certain employees excepted |
| (4) | Leave of absence for city election |
| (5) | Period of leave |
| (6) | Candidate in other elections |
| (7) | Nature of leave of absence |
| (8) | Election to council |
| (9) | Election as M.L.A. or M.P. |
| (10) | Reinstatement of defeated candidate |
| (11) | Reinstatement of elected employee |
| (12) | Where no notice before end of leave |
| (13) | Rights during leave of absence |
| (14) | Other benefits |
| NOMINATIONS AND VOTING | |
| 25 | Local Authorities Election Act to apply |
| 26 | Nominations |
| 27 | Computerized list of electors |
| 28 | Electors lists for polling subdivisions |
| 29(1) | Advance polls |
| (2) | Additional advance polls |
| (3) | Ease of access |
| (4) | Publication of dates and places of advance polls |
| 30(1) | Use of devices for voting and counting votes |
| (2) | Regulation respecting use of devices at elections |
| (3) | Recount |
| CAMPAIGN EXPENSES AND CONTRIBUTIONS | |
| 31(1) | Definitions |
| (2) | Value of donation in kind |
| 32(1) | Registration of prospective candidates |
| (2) | Report of change in information |
| 33 | No contribution until registration |
| 34 | By-law on expenses and contributions |
| 35(1) | Candidate to file audited statement |
| (2) | Time for filing statement |
| 36 | Appointment and qualifications of auditor |
| 37 | Duties of official agent |
| 38 | Candidate to issue receipts |
| 39 | Candidate's own funds |
| 40 | Contributions by organizations |
| 41 | Claims for election expenses |
| 42 | Prohibitions |
| 43(1) | Surplus payable to city |
| (2) | Release of surplus |
| 44(1) | Failure by elected candidate to file statement |
| (2) | Forfeiture of seat |
| (3) | Failure of other registered candidates to file |
| 45(1) | Offence and penalty |
| (2) | Time limits on prosecution |
| TAX CREDIT AND REBATE PROGRAM | |
| 46(1) | By-law establishing program |
| (2) | Contents of by-law |
| (3) | Regulations by L.G. in C. |
| FORFEITURE OF SEAT | |
| 47(1) | Forfeiture of seat |
| (2) | Nomination of M.L.A. to council |
| (3) | Vacating seat |
| (4) | Proceedings to unseat member |
| 48(1) | Eligibility at next election |
| (2) | No stay |
| (3) | Reinstatement on appeal |
| RESIGNATIONS AND FILLING VACANCIES | |
| 49 | Resignation |
| 50(1) | Direction to returning officer to hold election |
| (2) | Vacancy near end of term of councillor |
| (3) | Vacancy near end of term of mayor |
| 51 | Election to fill vacancy |
| DIVISION 3 | |
| DUTIES AND POWERS | |
| DECLARATION OF OFFICE | |
| 52 | Declaration to be made and filed |
| DELEGATION | |
| 53(1) | Restriction on delegation by council |
| (2) | Authority of council after delegation |
| BY-LAWS AND RESOLUTIONS | |
| 54(1) | How council may act |
| (2) | Where by-law required |
| (3) | Where resolution authorized |
| (4) | Where by-law used instead of resolution |
| 55(1) | Three readings of by-laws |
| (2) | Readings at one meeting |
| (3) | Text of proposed by-law before first reading |
| (4) | Text available before third reading |
| (5) | Procedure at readings |
| CONSOLIDATION OF BY-LAWS | |
| 56(1) | Authority for consolidation of by-laws |
| (2) | Duties and powers of designated employee |
| (3) | Adoption of consolidated by-law |
| (4) | Judicial notice provision applies |
| MAYOR | |
| 57 | Mayor as head of council |
| 58 | Mayor as ex officio member of committees |
| 59(1) | Mayor's appointments |
| (2) | Other appointments |
| (3) | Vacancy in executive policy committee |
| (4) | Terminating or altering appointments |
| (5) | Duties of deputy mayor |
| (6) | Duties of acting deputy mayor |
| 60 | Suspension of by-law or resolution |
| EXECUTIVE POLICY COMMITTEE AND OTHER COMMITTEES | |
| 61(1) | Executive policy committee established |
| (2) | Size of executive policy committee |
| 62(1) | Duties of executive policy committee |
| (2) | Subcommittees of executive policy committee |
| 63(1) | Establishment of standing committees |
| (2) | Members of standing committee |
| (3) | Subcommittees of standing committees |
| (4) | Composition of subcommittee |
| 64 | Establishing other committees |
| 65 | Delegation to committees |
| 66 | Committee process |
| PRESIDING OFFICER | |
| 67(1) | Appointment of presiding officer |
| (2) | Mayor to chair first meeting |
| (3) | Duties of presiding officer |
| (4) | Absence of presiding officer |
| (5) | Acting presiding officer |
| (6) | Participation in debates |
| DIVISION 4 | |
| MEETINGS OF COUNCIL AND ITS COMMITTEES | |
| 68(1) | First meeting of a council |
| (2) | Regular meetings of council |
| (3) | Effect of meeting not taking place |
| 69 | Adjournment |
| 70 | Minutes |
| 71 | Quorum |
| 72(1) | Decisions by majority |
| (2) | Tie votes |
| 73(1) | Number of votes required may be increased |
| (2) | Review of by-law in fourth year |
| 74 | Procedures by-law |
| 75(1) | Open meetings |
| (2) | Expulsion for disorderly conduct |
| (3) | Reports etc. available to members |
| 76(1) | By-law re in camera consideration |
| (2) | In camera consideration |
| (3) | Record of in camera decision in minutes |
| 77(1) | Voting obligatory |
| (2) | Voting to be open |
| 78(1) | Council seminars |
| (2) | Convened members of council |
| SPECIAL MEETINGS | |
| 79(1) | Special meetings of council |
| (2) | Notice of special meeting |
| (3) | Effect of failure to notify |
| (4) | Agenda at special meeting |
| EMERGENCY MEETINGS | |
| 80(1) | Emergency meetings |
| (2) | Place of emergency meeting |
| (3) | Agenda of emergency meeting |
| USE OF COMMUNICATION DEVICES | |
| 81(1) | Meeting through communication devices |
| (2) | Participating member deemed present |
| (3) | Meetings of committees |
| DIVISION 5 | |
| HEARING BODIES FOR APPEALS | |
| 82 | Establishment of hearing bodies for appeals |
| 83(1) | By-law respecting hearing body |
| (2) | Composition of hearing bodies for appeals |
| (3) | Criteria for membership |
| (4) | Panels |
| (5) | Powers of panels |
| DIVISION 6 | |
| COMPENSATION | |
| 84(1) | Setting indemnity and expenses |
| (2) | Portion of indemnity may be deemed expense |
| (3) | Members may accept payments |
| 85(1) | Pensions |
| (2) | Contracts for pensions and insurance |
| 86 | Members not employees |
| 87 | Review of indemnities and expenses |
| PART 4 | |
| ADMINISTRATION | |
| DIVISION 1 | |
| STRUCTURE | |
| 88(1) | Administrative structure of the city |
| (2) | Delegation to employees |
| (3) | Delegation by employees |
| EMPLOYEES | |
| 89(1) | Conditions of employment |
| (2) | Change of titles to positions |
| EMPLOYEE PENSION PLAN | |
| 90(1) | Pension plan by-laws |
| (2) | Benefit boards and committees |
| (3) | Composition of benefit boards |
| (4) | Investment committees |
| (5) | Combination of funds for investment |
| 91(1) | Admission into pension plan |
| (2) | Definition of "area municipality" |
| (3) | Pensions exempt from process |
| (4) | City may refuse power of attorney |
| 92 | Admission of other employees to plan |
| 93(1) | By-law to merge pension plans |
| (2) | Powers of council |
| (3) | No adverse effect on pension credits |
| (4) | Amendments |
| (5) | Application of other statutes |
| EMPLOYEE BENEFITS PROGRAM | |
| 94(1) | Definitions |
| (2) | Implementation of amending agreement |
| (3) | Application for court approval |
| (4) | Non-application of Trustee Act |
| (5) | Court order |
| (6) | Effect of implementation with court approval |
| (7) | Designation as a multi-unit pension plan |
| (8) | Interpretation |
| 95 | Payments to city to pay other employee benefits |
| STATUTORY OFFICERS | |
| 96 | Appointment of statutory officers |
| CHIEF ADMINISTRATIVE OFFICER | |
| 97 | Powers etc. of chief administrative officer |
| 98(1) | Suspension of chief administrative officer |
| (2) | EPC powers on suspension |
| CITY CLERK | |
| 99 | Duties etc. of city clerk |
| CHIEF FINANCIAL OFFICER | |
| 100 | Duties etc. of chief financial officer |
| 101 | Liability of chief financial officer |
| CITY AUDITOR | |
| 102(1) | Qualifications of city auditor |
| (2) | Restrictions on holding public office |
| 103 | Dismissal or suspension |
| 104(1) | Responsible for office of city auditor |
| (2) | Delegation by city auditor |
| 105(1) | Duties re annual audit |
| (2) | Duties re operations |
| (3) | Audits of trusts and grantees |
| (4) | Special audits and examinations |
| (5) | Powers of auditor |
| (6) | Reliance on other audits |
| 106(1) | Powers under Part V of Evidence Act |
| (2) | Report to council re examination |
| 107(1) | Appointment and qualifications of external auditor |
| (2) | Responsibilities of external auditor |
| (3) | City auditor and external auditor |
| (4) | Powers and duties of external auditor |
| (5) | Report of external auditor on statements |
| MEDICAL OFFICER OF HEALTH | |
| 108 | Medical officer of health is a designated employee |
| DIVISION 2 | |
| RECORDS MANAGEMENT | |
| 109 | By-law respecting records |
| 110(1) | City archivist |
| (2) | Records committee established |
| 111 | Approval for destruction or removal of record |
| 112(1) | Records available on request |
| (2) | Certified copies of by-laws |
| (3) | Personal security protection |
| DIVISION 3 | |
| NOTICES AND SERVICE OF DOCUMENTS | |
| 113(1) | Public notices of hearings and other matters |
| (2) | Multiple publications of public notices |
| (3) | Copies of published notices |
| (4) | Exceptions to newspaper notice |
| 114 | Notice to persons of hearing |
| 115(1) | Content of notice of hearing |
| (2) | Content of notice of other matters |
| 116(1) | Service of order or decision |
| (2) | Notice of appeal with order or decision |
| 117(1) | Service of notices, orders and documents |
| (2) | Notice by mail |
| (3) | Where service not possible |
| 118 | Posting notices etc. |
| 119 | Council may vary notice requirements |
| 120 | Evidence of notice or service |
| 121 | Service on city |
| DIVISION 4 | |
| HEARINGS | |
| 122(1) | By-law re procedures at hearings |
| (2) | Preliminary meeting |
| (3) | Conduct of hearing |
| 123(1) | Adjournment of hearings |
| (2) | New matters on continuation |
| DIVISION 5 | |
| PETITIONS AND OBJECTIONS | |
| 124(1) | Form and content of petitions |
| (2) | Determination of sufficiency of petition |
| (3) | Counting of signatories |
| 125(1) | Form and content of objection |
| (2) | Determination of sufficiency of objections |
| (3) | Counting of signatories |
| 126 | Signatures after filing |
| 127 | Determination final |
| Sections: 1 - 127 | 128 - 282 | 283 - 450 | 451 - 539 |