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S.M. 2002, c. 39
Bill 39, 3rd Session, 37th Legislature
The City of Winnipeg Charter Act
| Sections: 1 - 127 | 128 - 282 | 283 - 450 | 451 - 539 |
| PART 5 | ||
| POWERS OF THE CITY | ||
| DIVISION 1 | ||
| SPHERES OF JURISDICTION | ||
| 128 | Spheres of authority not mutually exclusive | |
| PUBLIC CONVENIENCE | ||
| 129 | General authority | |
| 130 | Activities and things on private property | |
| 131 | Property adjacent to streets | |
| 132 | Animals and birds | |
| 133 | Litter from businesses | |
| HEALTH, SAFETY AND WELL-BEING | ||
| 134 | (1) | General authority |
| (2) | Health and safety | |
| (3) | By-laws inconsistent with Public Health Act | |
| ACTIVITIES IN PUBLIC PLACES | ||
| 135 | (1) | General authority |
| (2) | Meaning of "public places" etc. | |
| STREETS | ||
| 136 | Control of streets | |
| 137 | Possession and control vests in city | |
| 138 | City is traffic authority | |
| 139 | General authority | |
| 140 | (1) | Closing streets |
| (2) | Combined by-laws | |
| 141 | (1) | Determining persons injuriously affected |
| (2) | Appeal of by-law | |
| (3) | Decision on appeal | |
| 142 | Land from closed street | |
| 143 | (1) | Designation of limited access street |
| (2) | Compensation for closing entrances | |
| 144 | Determination of compensation | |
| 145 | Private works on streets | |
| 146 | (1) | Designated parking spaces for disabled |
| (2) | Offence | |
| (3) | Penalty | |
| 147 | Boulevards | |
| ACTIVITIES OF BUSINESSES | ||
| 148 | General authority | |
| 149 | (1) | Business activities |
| (2) | Business licensing | |
| (3) | Restriction on licensing certain businesses | |
| BUILDINGS, EQUIPMENT AND MATERIALS | ||
| 150 | General authority | |
| 151 | Construction activities | |
| 152 | (1) | Inspection of plans |
| (2) | Approval of plans | |
| (3) | Extent of inspections | |
| 153 | (1) | Report of offence to associations |
| (2) | Information given on request | |
| (3) | No action for providing information | |
| 154 | Equipment and materials | |
| 155 | Exception for certain electrical inspections | |
| 156 | Buildings conservation list | |
| 157 | (1) | Winnipeg Building Commission |
| (2) | Powers of commission re existing buildings | |
| CONSTRUCTION IN FLOODWAY AND FLOODWAY FRINGE AREAS | ||
| 158 | (1) | Regulations by Lieutenant Governor in Council |
| (2) | Restricted construction in floodway areas | |
| (3) | Exception for construction in floodway area | |
| (4) | Restricted construction in floodway fringe areas | |
| (5) | Permit for superstructure | |
| (6) | Variation of floodproofing criteria | |
| (7) | Order varying floodproofing criteria | |
| (8) | Conditions respecting flood protection | |
| (9) | Province to receive order | |
| WATERWAYS | ||
| 159 | (1) | General authority |
| (2) | Waterways | |
| (3) | Construction spanning waterways | |
| WATER | ||
| 160 | (1) | City to ensure water supply |
| (2) | Powers respecting water | |
| (3) | Application of by-laws to waterworks system | |
| (4) | By-laws respecting water supply | |
| WASTE | ||
| 161 | (1) | General authority |
| (2) | Solid waste | |
| (3) | Drainage and wastewater | |
| PUBLIC TRANSPORTATION | ||
| 162 | (1) | General authority |
| (2) | Transit and transportation | |
| 163 | (1) | Exclusive authority |
| (2) | Vehicles operated for school purposes | |
| (3) | Agreement for private operation | |
| AMBULANCE SERVICES | ||
| 164 | General authority | |
| FIRE PROTECTION | ||
| 165 | (1) | General authority |
| (2) | Fire protection | |
| POLICE | ||
| 166 | (1) | General authority |
| (2) | Composition of police service | |
| (3) | Restrictions on by-laws | |
| (4) | Duties of members of police service | |
| 167 | Committee for investigation of conduct of police | |
| 168 | Lock-ups | |
| ARBITRATION IN COLLECTIVE BARGAINING WITH POLICE SERVICES | ||
| 169 | (1) | Definitions |
| (2) | Words and expressions in principal Act | |
| 170 | Application of principal Act | |
| 171 | (1) | Application for arbitration board |
| (2) | Establishment of arbitration board | |
| (3) | Appointment of members of arbitration board | |
| (4) | Failure to appoint chairperson | |
| 172 | (1) | Work of arbitration board |
| (2) | Changes in applying provisions | |
| 173 | (1) | Commencement of agreement or award |
| (2) | Term of agreement | |
| (3) | Continuation of agreement and award | |
| DIVISION 2 | ||
| EXERCISING BY-LAW MAKING AUTHORITY | ||
| 174 | General powers in exercise of authority | |
| DIVISION 3 | ||
| ENFORCEMENT AND BY-LAWS RESPECTING ENFORCEMENT | ||
| 175 | General powers respecting enforcement | |
| SPECIAL CONSTABLES AND ENFORCEMENT OFFICERS | ||
| 176 | (1) | Appointment of enforcement officers |
| (2) | Appointment of special constables | |
| (3) | Status of special constables | |
| OFFENCES AND PENALTIES | ||
| 177 | (1) | Offences |
| (2) | Separate offences | |
| (3) | Directors and officers of corporations | |
| 178 | (1) | General penalty |
| (2) | Consent payments | |
| (3) | Orders in addition to penalty | |
| (4) | Conditions for fine payment | |
| 179 | Limitation on penalty fixing | |
| INSPECTIONS AND ORDERS | ||
| 180 | (1) | Inspections |
| (2) | Identification of designated employee | |
| 181 | No notice in emergencies | |
| 182 | (1) | Inspection programs conducted by public notice |
| (2) | Public notice of inspections | |
| (3) | Council may reappoint employee | |
| (4) | Entry for inspection under public notice | |
| (5) | Liability for damages | |
| 183 | (1) | Application for warrant |
| (2) | Application before entry attempted | |
| (3) | Daytime execution of warrant | |
| 184 | (1) | Order to remedy contravention |
| (2) | Content of order | |
| (3) | Registration of order | |
| (4) | Content of registered order | |
| (5) | District registrar to register order | |
| (6) | Subsequent purchasers are deemed served | |
| (7) | Discharge of order | |
| 185 | (1) | City remedying contravention etc. |
| (2) | Closure of building and removal of occupants | |
| (3) | Notice before removal or demolition | |
| 186 | (1) | Emergencies |
| (2) | Application | |
| (3) | Compliance with order | |
| (4) | Remuneration for compliance | |
| 187 | (1) | Costs |
| (2) | Proceeds of sale | |
| 188 | Application to court to enforce by-law | |
| APPEALS | ||
| 189 | (1) | Appeals to designated hearing bodies |
| (2) | Notice of appeal | |
| (3) | Where decision or order not appealed | |
| (4) | Notice of appeal hearing | |
| (5) | Hearing date | |
| (6) | Powers of hearing body | |
| (7) | Decision final | |
| (8) | Application of section 58 | |
| DIVISION 4 | ||
| DERELICT PROPERTY | ||
| 190 | (1) | Definitions |
| (2) | Interpretation: evidence property is derelict | |
| 191 | (1) | By-law re derelict building certificates |
| (2) | Public hearing required | |
| (3) | Content of by-law | |
| (4) | Appeals to committee of council | |
| 192 | (1) | Orders must be served and filed |
| (2) | Content of registered orders | |
| (3) | District registrar to register order | |
| (4) | Subsequent purchasers are deemed served | |
| (5) | Change in ownership does not affect process | |
| 193 | (1) | Application for derelict building certificate |
| (2) | Application to EPC or standing committee | |
| (3) | Issuance of derelict building certificate | |
| (4) | Registration of derelict building certificate | |
| 194 | (1) | Discharge of orders and certificates |
| (2) | Process must recommence | |
| 195 | (1) | City's application for title |
| (2) | How application to be treated | |
| (3) | Failure to make application | |
| 196 | (1) | Notice to interested persons of application for title |
| (2) | Contents of notice | |
| (3) | Application for substitutional service | |
| 197 | (1) | Directions for substitutional service |
| (2) | Compliance with order | |
| 198 | No claim in respect of property | |
| 199 | (1) | Issue of title |
| (2) | Validity of title | |
| 200 | (1) | District registrar not obliged to inquire |
| (2) | No action against district registrar | |
| 201 | (1) | Setting aside derelict building certificate |
| (2) | Action to set aside derelict building certificate | |
| DIVISION 5 | ||
| CORPORATE POWERS | ||
| GENERAL POWERS | ||
| 202 | Rights and liabilities of a corporation | |
| 203 | Ancillary powers | |
| PROPERTY | ||
| 204 | General powers | |
| 205 | (1) | Dealing with property |
| (2) | Restriction on disposal of park land | |
| (3) | Lease of land held for street | |
| (4) | Acquiring and assembling land | |
| (5) | Dealing with assembled or acquired land | |
| 206 | (1) | Entry for expropriation purposes |
| (2) | Entry for locating works | |
| (3) | Liability for damages | |
| 207 | Land owned in other municipalities | |
| 208 | Use of city works | |
| PUBLIC SERVICES AND FACILITIES | ||
| 209 | (1) | General authority |
| (2) | Powers under subsection (1) | |
| 210 | (1) | Fees and charges |
| (2) | Application of section 348 | |
| (3) | Free use of libraries by residents | |
| (4) | Collection of fees and charges | |
| (5) | Rates for services and commodities | |
| AGREEMENTS | ||
| 211 | General authority | |
| CONTROL OF CORPORATIONS | ||
| 212 | (1) | Interpretation: "control" |
| (2) | Regulations re: establishing corporations | |
| (3) | Incorporation of corporations | |
| (4) | Scope of regulation | |
| 213 | Restrictions re corporate matters | |
| PROCUREMENT POLICY | ||
| 214 | (1) | Definition |
| (2) | Procurement policy | |
| (3) | Contents of policy | |
| SPECIAL SERVICE UNITS | ||
| 215 | (1) | Establishing special service units |
| (2) | Council's powers re special service units | |
| (3) | Delegation to special service units | |
| (4) | Financing special service units | |
| (5) | Consistency with other policies respecting finances | |
| (6) | Annual report | |
| (7) | Unit is affiliated body | |
| 216 | Review of special service units | |
| FINANCIAL ASSISTANCE | ||
| 217 | (1) | Definition of "taxes" |
| (2) | Tax credits | |
| (3) | Tax rebates | |
| 218 | (1) | Financial assistance |
| (2) | Forms of financial assistance | |
| (3) | Council may require an agreement | |
| (4) | Economic and cultural development | |
| GRANT, LOAN, TAX REBATE AND TAX CREDIT PROGRAMS | ||
| 219 | (1) | General authority |
| (2) | Grant, loan and tax credit programs | |
| (3) | Provisions re terms and conditions of loans | |
| 220 | (1) | Regulations respecting loans and loan guarantees |
| (2) | Limits re loans and loan guarantees | |
| 221 | Reduced tax rate on agricultural land | |
| TAX INCREMENT FINANCING | ||
| 222 | (1) | Establishing tax increment financing programs |
| (2) | Provisions re tax increment financing programs | |
| EMERGENCY PREPAREDNESS | ||
| 223 | General powers and duties of city | |
| PART 6 | ||
| PLANNING AND DEVELOPMENT | ||
| DIVISION 1 | ||
| PLANS | ||
| PLAN WINNIPEG | ||
| 224 | Adoption of Plan Winnipeg | |
| 225 | (1) | Initiation of amendments to Plan Winnipeg |
| (2) | Right to hearing | |
| (3) | Application may be refused | |
| 226 | (1) | Periodic review |
| (2) | Minister's order to review | |
| (3) | Method of review | |
| (4) | By-law to be re-enacted, amended or replaced | |
| (5) | Conformance with provincial land use policies | |
| PLAN WINNIPEG BY-LAWS | ||
| 227 | (1) | Hearings on Plan Winnipeg by-laws |
| (2) | Second reading of proposed by-law | |
| 228 | (1) | Submission to minister |
| (2) | Notice of second reading | |
| MINISTER'S ACTIONS | ||
| 229 | (1) | Decision of minister |
| (2) | Referral to Municipal Board | |
| (3) | Where by-law approved by minister | |
| 230 | (1) | Hearing by Municipal Board |
| (2) | Adoption after Municipal Board report | |
| 231 | Forwarding copy of by-law to minister | |
| 232 | (1) | Referral of Plan Winnipeg by-law to L. G. in C. |
| (2) | Enactment of by-law by L. G. in C. | |
| 233 | Public notice of Plan Winnipeg by-law | |
| SECONDARY PLANS | ||
| 234 | (1) | Adoption of secondary plans |
| (2) | Conformity with Plan Winnipeg | |
| (3) | Hearing on secondary plan by-law | |
| EFFECT OF PLAN BY-LAWS | ||
| 235 | Compliance with plan by-laws | |
| DIVISION 2 | ||
| DEVELOPMENT | ||
| 236 | (1) | Council to pass zoning by-laws |
| (2) | Content of zoning by-law | |
| (3) | Hearing on zoning by-law | |
| 237 | Where non-conforming use not permitted | |
| 238 | Effect of zoning by-law on caveats | |
| 239 | Amendment required by Municipal Board | |
| DEVELOPMENT AGREEMENTS | ||
| 240 | (1) | Authority for development agreements |
| (2) | Registration of agreement in L.T.O. | |
| (3) | Agreement binding on successors | |
| (4) | Timing of agreement and by-law | |
| NON-CONFORMING USES | ||
| 241 | (1) | Previously conforming building and use continued |
| (2) | What constitutes existing building | |
| 242 | Certificate may be issued | |
| 243 | (1) | Limitation on alteration or addition |
| (2) | Damaged non-conforming building | |
| 244 | (1) | Non-conforming use ending after 12 months |
| (2) | Effect of change of ownership on use | |
| 245 | (1) | Cancellation of permits |
| (2) | Expenses where permit cancelled | |
| (3) | Arbitration | |
| 246 | (1) | Withholding permit |
| (2) | Extension of withholding | |
| (3) | Compensation | |
| VARIANCES | ||
| 247 | (1) | Approval of variances |
| (2) | Authority respecting variances | |
| (3) | Criteria for approving variances | |
| (4) | Restrictions on variances | |
| 248 | (1) | Disposition of applications for variances |
| (2) | Submissions before setting conditions | |
| 249 | Procedure by planning commission | |
| 250 | (1) | Notice of decision |
| (2) | Notice of decision by planning commission | |
| 251 | (1) | Appeals on variances |
| (2) | Appeals to committee of council | |
| (3) | Procedure for appeal | |
| 252 | Termination of variances | |
| CONDITIONAL USES | ||
| 253 | (1) | Approval of conditional uses |
| (2) | Authority respecting conditional uses | |
| 254 | Procedure for applications for conditional uses | |
| SUBDIVISION STANDARDS | ||
| 255 | (1) | Subdivision standards by-law |
| (2) | Content of standards by-law | |
| (3) | Referral of proposed subdivision standards by-law for report | |
| SUBDIVISION APPROVALS | ||
| 256 | (1) | Delegation to committee of council |
| (2) | Hearing on certain applications | |
| 257 | (1) | Restriction on approvals of plans of subdivision |
| (2) | Submission before setting conditions | |
| 258 | Effect of approval by committee or employee | |
| 259 | (1) | Conditions for plans of subdivision |
| (2) | Effect of agreement | |
| CONSENTS FOR REGISTRATION OF INSTRUMENTS | ||
| 260 | (1) | Authority to grant consents |
| (2) | Consent to dealing with land | |
| (3) | Submission before setting conditions | |
| 261 | (1) | Certificate of consent |
| (2) | Expiry of consent | |
| DISPOSITION OF CONVEYED LAND | ||
| 262 | (1) | Land conveyed to city |
| (2) | Money received by city | |
| RESTRICTION ON INSTRUMENTS EFFECTING SUBDIVISION | ||
| 263 | (1) | Instruments not to be accepted |
| (2) | Instruments void | |
| (3) | Exceptions to subsections (1) and (2) | |
| (4) | Contiguity of land | |
| (5) | Easement not a subdivision | |
| 264 | Unregistered instrument effecting subdivision | |
| OBSOLETE PLANS OF SUBDIVISION | ||
| 265 | (1) | Declaration respecting expiry of plans |
| (2) | Notice of by-law | |
| (3) | Registration of by-law | |
| (4) | Coming into force of by-law | |
| EXPIRY OF APPROVAL | ||
| 266 | (1) | Registration of plan of subdivision in L.T.O. |
| (2) | Time of approval | |
| SUBDIVISION IN FLOODWAY AREAS | ||
| 267 | (1) | Restriction on subdivisions in floodway area |
| (2) | Agreements re land in floodway areas | |
| (3) | Registration and amendment of agreement | |
| FILING OF CAVEATS | ||
| 268 | (1) | Caveat respecting agreements |
| (2) | Withdrawal of caveats | |
| DIVISION 3 | ||
| AIRPORT VICINITY PROTECTION AREA | ||
| ESTABLISHMENT AND REGULATIONS | ||
| 269 | (1) | Regulations re protection of airport vicinity |
| (2) | Regulations under subsection (1) | |
| (3) | Compliance with regulations under subsection (1) | |
| 270 | (1) | Referral to Municipal Board |
| (2) | Hearing by Municipal Board | |
| (3) | Restriction on adoption of by-law | |
| DEVELOPMENT IN AIRPORT AREA | ||
| 271 | Zoning by-laws in airport vicinity protection area | |
| 272 | Application of section 270 | |
| DIVISION 4 | ||
| PLANNING COMMISSION | ||
| 273 | (1) | Establishment of planning commission |
| (2) | Application | |
| 274 | (1) | Powers, duties and functions of commission |
| (2) | Committee of council duties assigned to commission | |
| (3) | Planning commission to act by resolution | |
| DIVISION 5 | ||
| PROCEDURES | ||
| DEVELOPMENT | ||
| 275 | (1) | Initiation of development proposals |
| (2) | Rejection of applications | |
| ERRORS AND CORRECTIONS | ||
| 276 | Amendments for errors or corrections | |
| NOTICE OF HEARING | ||
| 277 | Notices of hearings | |
| COMBINED HEARINGS | ||
| 278 | (1) | Combined hearings and notices |
| (2) | Combinations of hearings | |
| (3) | Exercise of powers where hearings combined | |
| AVAILABILITY OF MATERIALS | ||
| 279 | Material available for inspection | |
| HEARING BODIES | ||
| 280 | (1) | Recommendations by hearing body |
| (2) | Decisions by hearing body | |
| (3) | Notice of report to council | |
| PASSING OR REJECTING BY-LAWS | ||
| 281 | Consideration of recommendation re by-law | |
| 282 | Notice respecting by-law | |