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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 |
OFFICIAL LANGUAGES OF MUNICIPAL SERVICES
In this Part,
"designated area" means the area of the Riel Community as set out in the City of Winnipeg Wards and Communities Regulation, Manitoba Regulation 154/92; (« zone désignée »)
"historic St. Boniface" means the area described as Taché Ward in Order in Council 656/71; (« vieux Saint-Boniface »)
"municipal services" means services that are provided to the public by the city; (« services municipaux »)
"St. Boniface Ward" means St. Boniface Ward as described in the City of Winnipeg Wards and Communities Regulation, Manitoba Regulation 154/92. (« Saint-Boniface »)
Meaning of "official languages"
For the purposes of this Part, English and French are the official languages.
Except where a later date or series of dates is fixed by by-law under subsection 460(1) (by-law for implementation) for compliance with a provision of this Part, the city shall ensure that all things necessary are provided or done to satisfy the requirements of this Part and to permit a person to do anything he or she is entitled to do under this Part.
Nothing in this Part shall be interpreted to prevent the city from providing more municipal services in French than are required in this Part or from providing municipal services to persons in any language other than English or French.
The obligations of the city under this Part are subject to such limitations as circumstances make reasonable and necessary, if the city has taken all reasonable measures to comply with this Part.
PROCEEDINGS OF COUNCIL AND ITS COMMITTEES
Use of French in council and its committees
In addition to English, every person is entitled, upon notice, to use French in a proceeding of or before council or a committee of council with respect to a matter and, where notice is given, the proceeding with respect to that matter shall be conducted or simultaneously interpreted in French.
A notice referred to in subsection (1) must be in writing, must specify the matter and the proceeding and must be given to the city clerk
(a) in the case of a regular meeting of council, not less than two working days before the proceeding; and
(b) in the case of a special or emergency meeting of council, within a reasonable time after notice of the meeting is given, having regard to the period of that notice.
COMMUNICATION AT CITY OFFICES
Official languages at City Hall
Every person is entitled, within a reasonable time of a request, to receive in the official language of the person's choice any municipal services that are available at any office of the city located at City Hall and in the course of the provision of those services to speak and be spoken to in the official language of the person's choice.
Official languages at designated locations
Where a municipal service is not available in both official languages in the designated area, every person is entitled, within a reasonable time of a request, to receive that municipal service in the official language of the person's choice at an office at any location designated by council by by-law under subsection 460(1) (by-law for implementation) for the purposes of this subsection and in the course of the provision of those services to speak and be spoken to in the official language of the person's choice.
Every person who communicates in writing with the city with respect to a matter is entitled with respect to that matter to be communicated with in writing in the official language of the person's choice.
If a person initiates a communication with respect to a matter in an official language, whether spoken or written, in circumstances where the person is entitled to do so under this section, the person is entitled to use and to require the use of that official language in all subsequent communications, whether spoken or written, with respect to that matter.
The city shall provide an office in historic St. Boniface where the municipal services prescribed by by-law under subsection 460(1) (by-law for implementation) for the purposes of this subsection are provided in both official languages.
MUNICIPAL SERVICES
This section applies in respect of municipal services other than those available at an office.
Receipt of municipal services in St. Boniface Ward
Every person resident in St. Boniface Ward is entitled to receive in the official language of the person's choice, at a facility of the city within that Ward or at the person's place of residence, all municipal services that are ordinarily provided at that facility or place of residence.
Municipal services for designated area
Every person who is resident in the designated area and who goes to a facility of the city where a municipal service is ordinarily provided is entitled to have that municipal service provided in either official language within the designated area or at any location designated by council by by-law under subsection 460(1) (by-law for implementation) for the purposes of this subsection.
A person who is entitled to a municipal service in the official language of the person's choice under this section and who initiates communication respecting that service in the official language of the person's choice is entitled to use or to require the use of that official language in all subsequent communications, whether spoken or written, in respect of that service.
BILINGUAL DOCUMENTS
All notices, statements of account, certificates, demands in writing and other documents sent or given by the city to persons resident in the designated area shall be in both official languages.
All application forms provided by the city to the general public and all brochures, pamphlets and similar printed documents distributed by the city to the general public shall be available to the general public in the designated area in both official languages.
Publication of notices and advertisements
Any public notice respecting a matter that affects the designated area generally, whether or not it also affects the rest of the city, and any advertisement for the employment of a person with competence in both official languages shall be published by the city in both official languages.
Public notices may be published separately
The English and French versions of a public notice or advertisement referred to in subsection (1) may be published in separate publications.
Where a public notice referred to in subsection (1) is given under Part 6 (Planning and Development) in respect of land in the designated area, the person on whose behalf it is published shall pay the cost of publication in the official language of the person's choice and the city shall pay the cost of publication in the other official language.
BILINGUAL SIGNS
Signs respecting municipal services
The city shall, inside and outside each location where municipal services are available in both official languages, erect and maintain signs bearing information in both official languages respecting the particular municipal services that are available in both official languages at that location.
In addition to the signs referred to in subsection (1), all signs that are inside or outside each location where municipal services are available in both official languages and that provide information to the public shall be erected and maintained in both official languages.
All street signs and the words on all traffic signs erected or maintained in the St. Boniface Ward and, where feasible, elsewhere in the designated area shall be in both official languages.
ACCESS GUIDE
The city shall cause to be prepared and published in both official languages an access guide to municipal services in French that shall include
(a) a statement of the requirements to be satisfied by the city and the things that a person is entitled to do under this Part;
(b) details of the actions the city has taken to satisfy those requirements, including, without limitation, a list of the offices, together with their addresses and telephone numbers, where municipal services are available in French and particulars of whether the municipal services are available during normal business hours or within a reasonable time of request; and
(c) such information respecting the organizational structure of the city and of each of its administrative subdivisions as is reasonably necessary to enable a person to take advantage of what the person is entitled to under this Part.
The city shall ensure that copies of the access guide are available
(a) in every office or facility of the city in the designated area;
(b) in every office or facility at every location designated by council by by-law under subsection 460(1) (by-law for implementation) for the purposes of any provision of this Part; and
(c) at any other location considered appropriate by the city.
The city shall prepare and publish an updated access guide
(a) if the information becomes substantially inaccurate, within a reasonable period after that occurs; and
(b) at least every three years.
IMPLEMENTATION
The City of Winnipeg shall at all times have in force a by-law respecting the implementation of this Part, and, where necessary, the by-law shall contain a schedule identifying the day after which each service described in the by-law will be provided in both official languages at an office at a location designated in the by-law.
The city shall, in the by-law referred to in subsection (1), give priority to providing in both official languages fire, police and ambulance services, library services and leisure and recreational programming to persons in St. Boniface Ward.
ADMINISTRATION
Council shall provide for the designation of a French language co-ordinator
(a) to assist in the development and coordination of the implementation of this Part in accordance with a by-law referred to in subsection 460(1) (by-law for implementation); and
(b) to advise on, co-ordinate, oversee and monitor the provision of municipal services in accordance with, and in satisfaction of the requirements of, this Part.
The council shall annually, not later than four months after the end of each fiscal year of the city, make a report in English and French to the minister respecting the compliance by the city with its obligations under this Part, and that report shall include particulars of any complaints under this Part filed with the city ombudsman and the disposition of each of those complaints.
COMPLAINTS
Any person who feels that the city has failed to meet its obligations under this Part may make a complaint to the ombudsman.
LEGAL MATTERS
DIVISION 1
CHALLENGING BY-LAWS, RESOLUTIONS AND ORDERS
In this Division, "by-law" includes a resolution of council.
Application for declaration of invalidity
Subject to subsection 466(1), an application to the Court of Queen's Bench for a declaration that a by-law is invalid on the grounds that
(a) council acted in bad faith; or
(b) council or the city failed to comply with a requirement of this or any other Act in respect of the by-law;
must be made within three months after the day that the by-law is passed.
A person applying under subsection (1) for a declaration that a by-law is invalid must
(a) not less than 10 days before the day of the hearing of the application, serve a notice of the application on the city clerk;
(b) show by affidavit the person's interest in the by-law;
(c) provide the court with a certified copy of the by-law; and
(d) provide the court with proof of the service of a notice of the application on the city clerk.
Subject to subsection (4), upon hearing an application under subsection (1), the court may make the declaration applied for and may make any other order the court considers appropriate.
No declaration on certain grounds
A by-law must not be declared invalid on the grounds that
(a) it is unreasonable or not in the public interest;
(b) a person sitting on council and voting on the by-law
(i) was not qualified to be a member of council when elected, or
(ii) after being elected, ceased to be so qualified or became disqualified;
(c) a person sitting on a committee of council or a subcommittee thereof and voting on any matter related to the by-law
(i) was not qualified to be a member of council when elected or to be appointed to the committee or subcommittee when appointed, or
(ii) after being elected or appointed, ceased to be so qualified or became disqualified; or
(d) it was not put to a vote of the electors.
Limit on application re securities by-law
No application may be made under subsection 465(1) in respect of a by-law authorizing the city to borrow money by the issue and sale of city securities if any of the securities authorized under the by-law have been sold.
Effect of application re securities by-law
Where an application is made under subsection 465(1) in respect of a by-law authorizing the city to borrow money by the issue and sale of city securities before any of the securities authorized by the by-law have been sold, the city must not sell the securities until the Court of Queens Bench decides the application.
Application of section 465 to committees
Section 465 applies, with necessary changes, to orders and resolutions of committees of council and subcommittees thereof.
DIVISION 2
PROPERTY AND LIABILITY OF CITY
GENERAL
In this Division, "public facility" means a place that is subject to the direction, control and management of the city, and includes all playgrounds, arenas, swimming pools, recreation centres, offices and libraries operated by the city.
City's assets not subject to seizure
The property of the city is not liable to any execution, attachment or garnishment, or to sale under a certificate of judgment.
Payments to persons indebted to city
The chief financial officer of the city must not make a disbursement in favour of a person who is indebted to the city, or to the assignee of the person, except for the balance that is due to the person over and above the debt due to the city.
No proceeding, act, matter, or thing done or purporting to be done under this Act is invalid on account of any formal defect or omission.
The city is not liable for loss or damage arising from a decision made in good faith not to do something that it has discretion to do or from that thing not being done.
Liability for remedying contraventions
The city is not liable for loss or damage arising from its enforcing or attempting to enforce a by-law, or remedying, or attempting to remedy, a contravention of a by-law, unless the city is grossly negligent in respect of the enforcement, remedy or attempt.
Negligent supervision by others
Where the city entrusts the construction of works or a facility to the supervision of an engineer, architect, surveyor or other person with relevant expertise to supervise the construction, the city is not liable for loss or damage arising from any negligence on the part of the supervisor in respect of the construction.
STREETS
The city must
(a) construct every street to a standard that is appropriate for the use to which the city expects the street to be put; and
(b) keep every street in repair.
The responsibility of the city under subsection (1) to keep every street in repair is limited to those portions of streets on which work has been performed, or local improvements made, by the city.
The city is not liable for loss or damage arising from
(a) the failure of the city to construct a street beyond the standard that is appropriate for the use to which the city expects the street to be put;
(b) the installation, failure to install, or choice of, a wall, fence, guardrail, railing, curb, pavement marking, traffic control device, illumination device or barrier in or adjacent to a street, unless
(i) the loss or damage is caused by the failure of the city to replace or repair a guardrail, railing, traffic control device, illumination device or barrier in or adjacent to the street,
(ii) the city knew or ought to have known of the state of disrepair, and
(iii) the city failed to take reasonable steps to correct the disrepair within a reasonable time;
(c) any construction, obstruction or erection, or the situation, arrangement or disposition, of earth, rocks, trees, or other material or things, in or adjacent to that portion of a street that is not designed for the use of vehicles; or
(d) rain, hail, snow, ice, sleet or slush in streets or in sidewalks in or adjacent to streets, unless the city is grossly negligent in remedying the condition.
Section 475 applies, with necessary changes, to actions against the city for damages arising from the presence of nuisances on streets.
When private works consisting of a pipe line, wire, cable or conduit of any kind has been constructed for the use or benefit of an owner of land, the owner or user of it
(a) is directly liable to any person who sustains loss or damage from the construction or existence of the private works or from any failure to maintain, repair, cover or protect them; and
(b) shall indemnify the city for, and save the city harmless from, all costs, damages and expenses arising from or in connection with the private works, whether or not a claim is made against the city in respect of them.
No interference with liability and no vested rights
Nothing in this Act, nor any permission or privilege granted by the city in respect of any private works,
(a) interferes with or limits the liability created under this section or otherwise existing under this Act or interferes with remedies otherwise provided under this Act; or
(b) creates any vested rights in private works.
Rights of city respecting private works in streets
The city may at any time reconstruct, alter or remove any private works in existence in a street.
Persons obstructing to indemnify city
Any person other than the city who places, causes or permits an obstruction, encroachment or nuisance in a street, whether directly or as the result of some default,
(a) is directly liable to a person who sustains loss or damage from the obstruction, encroachment or nuisance or from any failure to remove it; and
(b) shall indemnify the city for, and save the city harmless from, all costs, damages and expenses arising from or in connection with the obstruction, encroachment or nuisance.
Agreement has no effect on city's liability
An agreement between the city and another person under which the city permits the air space above, or the space below, a street to be used by the person does not affect the city's liability in respect of the street.
Claim for change in street level
A person who constructs a building on, or on land that abuts or is contiguous to, an established or contemplated street without first obtaining from the city information concerning the level and line of the street forfeits all claims for and rights to damages arising from the level and line of the street as determined by the city.
Registering changes in street names
A by-law changing the name of a street has no force or effect until it is registered in the land titles office, and no fee is payable for the registration or for the necessary entries and certificates in connection with the change.
PUBLIC FACILITIES
Limited liability for public facilities
The city is not liable for failing to maintain a public facility in a reasonable state of repair unless the city
(a) knew or ought to have known of the state of disrepair; and
(b) failed to take reasonable steps to correct the disrepair within a reasonable time.
BUILDING INSPECTIONS
The city is not liable for loss or damage arising from
(a) the manner or extent of an inspection; or
(b) the frequency, infrequency or absence of inspection;
unless the inspection was requested at the appropriate stage of construction and with reasonable advance notice before the inspection was required and the city failed to conduct the inspection or conducted it in a negligent manner.
An inspection is conducted in a negligent manner only if it fails to disclose a defect or deficiency that
(a) could reasonably be expected to be detected; and
(b) falls within the scope of the inspection being conducted.
Certification by professionals
For the purpose of an inspection, the city may rely on a certificate of or representation by an engineer, architect, surveyor or other person with expertise respecting the thing being certified or represented, and where the city relies on such a certificate or representation, it is not liable for any loss or damage arising from the negligence of the person giving the certificate or making the representation.
Matters beyond scope of inspection
An inspection by the city to enforce a building standard does not create or impose a duty on the city in respect of any matter not being inspected in that inspection.
Failure to comply with conditions
If conditions are imposed by the city in respect of or in the course of an inspection, the city is not liable to any person for loss or damage arising as a result of the conditions not being complied with, unless the city
(a) knew of the failure to comply with the conditions;
(b) had the power to order that the conditions be complied with; and
(c) failed to order compliance.
Failure to prevent or limit loss
The city is not liable for loss or damage resulting from an inspection or a failure to inspect if the person claiming the loss or damage knew or ought to have known of the thing or matter that caused the loss or damage and failed to take reasonable steps to prevent or limit the loss or damage.
An inspection or a system of inspections by the city is not a representation, guarantee, warranty or insurance of the quality or standard of construction of, or of any other thing respecting, the building or other thing being inspected.
DELIVERY OF COMMODITIES OR SERVICES
Discontinuance or interruption
The city is not liable for loss or damage as a result of
(a) the breakage, malfunction or failure of any pipe, wire, conduit, meter or other apparatus or equipment used for the delivery or supply of water or a commodity, service or thing unless it is established that the break, malfunction or failure was the result of the negligence of the city or its employees; or
(b) the discontinuance or interruption of the delivery or supply of water, or a commodity, service or thing provided by the city
(i) because of an accident or emergency,
(ii) if the discontinuance or interruption was imposed by the city for failing or refusing to pay the price, rate, fee, deposit or charge prescribed or fixed for the delivery or supply, or for failing or refusing to comply with any term or condition of the delivery or supply, or
(iii) because of the necessary repairs, replacement or extension of any pipe, wire, conduit, meter or other apparatus or equipment used for the delivery or supply.
Interruption or reduction of the supply of water or a commodity, service or thing by the city to a person shall not be considered to be a breach of contract, or to entitle the person to rescind the contract, or to release any guarantor from the performance of the guarantor's obligation.
Damages caused by quality of water
The city is not liable for damages caused by the quality or content of water supplied by the city unless the water does not meet accepted standards of purity established under provincial regulations respecting health.
No liability for certain water overflows
The city is not liable for loss or damage as a result of an overflow of water from a sewer, drain, ditch or watercourse as a consequence of excessive snow, ice or rain.
No liability for certain nuisances
The city is not liable for loss or damage arising from a nuisance, or anything in the nature of a nuisance, as a result of
(a) the construction, operation or maintenance of a system or facility for the collection, conveyance, treatment or disposal of sewage or storm water, or both, unless it is established that the city was negligent in respect thereof; or
(b) the construction, operation or maintenance of works, whether the construction, operation or maintenance is mandatory or permissive, unless the nuisance, or the thing in the nature of a nuisance, could have been prevented by another practicable and timely method of construction, operation or maintenance.
DERELICT VEHICLES
The city is not liable for damages as a result of any enforcement action taken in relation to a derelict vehicle, as that expression may be defined in a by-law passed under the authority of clauses 129(a) and 130(e), if it satisfies the court that there was reasonable cause to believe that the vehicle in respect of which the action was taken was in fact a derelict vehicle.
COMPUTATION OF TIME AND LIMITATION PERIODS FOR ACTIONS AGAINST CITY
In determining periods of time for the purposes of this Act, holidays must be excluded from the determination when the period is eight days or less, and must be included in the determination when the period is longer than eight days.
Limitation on actions respecting streets
No action against the city for loss or damage arising out of the construction or condition of a street may be commenced unless
(a) within one month after the happening of the alleged event giving rise to the loss or damage, the claimant serves a notice of the claim or action on the city clerk; and
(b) the action is commenced within two years after the day the notice is served on the city clerk.
Despite subsection (1), no action against the city for loss or damage arising from a person falling owing to snow or ice on a street may be commenced unless
(a) within seven days after the happening of the alleged fall giving rise to the loss or damage, the claimant has served a notice of the claim or action on the city clerk; and
(b) the action is commenced within three months after the day the notice is served on the city clerk.
Limitation on actions respecting public facilities
No action against the city for loss or damage arising from failure to maintain or keep in repair a public facility may be commenced unless
(a) within seven days after the happening of the alleged event giving rise to the loss or damage, the claimant has served a notice of the claim or action on the city clerk; and
(b) the action is commenced within two years after the day the notice is served on the city clerk.
Notice not required in case of death
If the claim or action relates to the death of a person as the result of the event complained of, the failure to serve the notice mentioned in clause 490(1)(a) or (2)(a) or 491(a) is not a bar to an action.
Subject to subsection (1), failure to serve the notice required under clause 490(1)(a) or (2)(a) or 491(a) bars an action unless
(a) the court in which the action is brought considers that there is a reasonable excuse for the failure and that the city has not been prejudiced by the failure; and
(b) the action is commenced within three months after the happening of the event giving rise to the loss or damage.
Limitation of actions respecting works
No action for damages, or for indemnity for loss, damage or injury, caused by or arising out of the construction, operation, repair or maintenance of any works or undertakings by the city may be commenced except
(a) within two years after the alleged damages were sustained; or
(b) where there is a continuation of damage or injury, within two years after that damage or injury ceases.
Limitation of actions respecting signs
No action for damages, or for indemnity for loss, damage or injury, caused by or arising out of the erection, maintenance or lack of maintenance by the city of any sign or other advertising device, may be commenced except within two years after the occurrence of the event giving rise to the alleged damages or the loss, damage or injury, but nothing in this subsection implies any liability on the part of the city in respect of any such loss, damage or injury.
Limitation of actions respecting taxes
No action, suit or proceeding may be brought against the city for the return by the city of money paid to it on account of taxes, whether paid under protest or otherwise, unless the action, suit or proceeding is commenced within six months after the day the money is paid.
Appeals re planning or development
An appeal to the Court of Queen's Bench may be taken on a question of law by a person affected by a decision, including a decision by council to pass or not to pass a by-law, made under any of the following provisions:
(a) sections 230 or 232 (passing Plan Winnipeg by-laws);
(b) section 234 (passing secondary plan by-laws);
(c) section 236 (passing zoning by-laws);
(d) section 251 (appeals re variances);
(e) sections 253 and 254 (conditional uses);
(f) sections 256, 257 or 259 (approvals of plans of subdivision);
(g) section 260 (consents to register or file instruments).
The notice of appeal under subsection (1) must be filed in the Court of Queen's Bench within 30 days after the decision being appealed is made.
When a notice of appeal is filed under subsection (1),
(a) the registrar of the court must fix a day for the hearing of the appeal, which must be within 30 days after the day the appeal documents are filed;
(b) a judge of the court may adjourn the hearing of the appeal for a period not exceeding 30 days and, if in the opinion of the judge special circumstances warrant it, for such further period as he or she considers appropriate; and
(c) the judge hearing the appeal must render a decision on the appeal within 30 days after the hearing is completed.
DIVISION 3
LIABILITY AND INDEMNIFICATION OF MEMBERS OF COUNCIL, EMPLOYEES, VOLUNTEERS AND MEMBERS OF AFFILIATED BODIES
UNAUTHORIZED EXPENDITURES
A member of council is guilty of an offence under this Act who
(a) spends or invests, or authorizes the expenditure or investment, of money of the city without being authorized, or contrary to an authorization, by council; or
(b) accepts a payment from the city, or votes in favour of payment by the city to a person, including a member of council, of an amount that is not authorized by council or by this or any other Act, or of an amount that is greater than so authorized.
Civil liability of members of council
In addition to any penalty imposed under subsection (1), a member of council who is guilty of an offence under that subsection is liable to the city for the amount spent, invested or paid in contravention of that subsection.
If more than one member of council is liable under subsection (1) in respect of any money spent, invested or paid, they are jointly and severally liable to the city under subsection (2) for the amount thereof.
The liability under this section of a member of council may be enforced in an action by the city or an elector.
Exception for expenditures in state of emergency
This section does not apply to an expenditure made in respect of a disaster or emergency declared by council or the mayor under The Emergency Measures Act.
ACTS DONE IN GOOD FAITH
No action or proceeding for damages or other relief may be commenced against a member of council, a member of any board or committee established by this Act or a by-law, a member of any board or committee appointed by council, or an employee
(a) for any act done in good faith in the performance or exercise, or intended performance or exercise, of a duty or authority under this Act or a by-law passed under this Act; or
(b) for any alleged neglect or default in the performance or exercise in good faith of the duty or authority.
Subsection (1) is not a defence to an action in defamation.
Subsection (1) does not relieve the city from liability to which it would otherwise be subject in respect of torts committed by
(a) a member of council;
(b) a member of any board or committee established by this Act or a by-law;
(c) an employee;
(d) an agent of the city; or
(e) a person acting under the instructions of council, an employee or an agent of the city.
INSURANCE
The city may make provision for
(a) comprehensive insurance to protect the city or members of council against loss arising from damage to property from any cause; and
(b) insurance against claims for loss or damage for which the city or members of council may become liable.
DIVISION 4
CITY RECORDS
Every by-law must be under the seal of the city and must be signed by
(a) the mayor, the deputy mayor or the presiding officer at the meeting at which the by-law is passed; and
(b) the city clerk.
Council, by by-law,
(a) may authorize the execution by designated employees of
(i) agreements entered into by the city,
(ii) cheques and other negotiable instruments issued by the city, and
(iii) other documents requiring execution by the city;
(b) must establish the number of designated employees required to sign classes of agreements, cheques and other negotiable instruments and other documents;
(c) may authorize a signature required under clause (a) to be printed, lithographed or otherwise reproduced; and
(d) may authorize the execution of cheques issued by the city by the reproduction of facsimile signatures by mechanical means.
Execution of documents where no by-law in force
If no by-law is in force under subsection (1), the mayor and the city clerk must sign all documents referred to in subsection (1).
In this section, "city record" means any kind of recorded information that is created or received by, or in the custody or control of, the city, regardless of its physical form or its characteristics, and includes
(a) information recorded on paper, photographic film, microfilm, videotape or disk or in a computer system;
(b) a copy of the record; and
(c) a part of the record.
Admissibility of certified copies
A copy of a city record, certified by the city clerk or other designated employee to be a true copy of the original record, is, in the absence of evidence to the contrary, proof of the record.
Admissibility of record in converted form
A copy of a city record that has been converted from one form to another and stored in accordance with a by-law respecting the conversion and storage of city records is, in the absence of evidence to the contrary, proof of the record if the city clerk or other designated employee certifies that
(a) the record was converted and stored in accordance with the by-law; and
(b) the copy is a true copy of the record as converted.
The certificate of the city clerk or designated employee required for the purposes of subsection (2) or (3) is admissible in evidence without proof of the appointment or signature of the city clerk or the designated employee.
When a by-law or resolution certified in accordance with this section is filed with the clerk of a court, the court must take judicial notice of it in any action in the court in which the by-law or resolution is a matter for consideration.
Except as otherwise provided in this Act, a return made under section 389 (return to L.T.O. on tax sale) by the city to the district registrar is, in actions and proceedings in a court, and for the purpose of proving title under The Real Property Act, conclusive proof, in respect of any real property to which the return relates,
(a) of the validity of the assessment of the property;
(b) of the imposing of taxes on the property;
(c) of the sale of the property for taxes and the validity of all proceedings leading up to the sale; and
(d) that the property has not, as of the date of the return, been redeemed from the tax sale.
DIVISION 5
SPECIFIC PROVISIONS RESPECTING PROSECUTIONS
A corporation charged with an offence under a by-law for the regulation and licensing of persons carrying on a business shall not, in a prosecution for the offence, be acquitted of the charge on the ground
(a) that it is legally incapable of committing such an offence; or
(b) that the by-law does not apply to it because it is not within its powers to carry on an activity, or perform an act, for gain or profit.
Where the carrying on of a business consists of the selling or the offering for sale of any property or service, or partly of the going from place to place soliciting orders or for other similar purposes in respect of the sale of property or a service, in any prosecution for breach of a by-law respecting such business, evidence of one sale, one offer for sale or one delivery of property or of one sale, one offer of sale or one act of service is, in the absence of evidence to the contrary, proof of the carrying on of a business.
Advertisement or announcement as evidence
In any proceeding to enforce a provision of this Act or a by-law, the publication in a newspaper, magazine or other periodical of an advertisement or announcement
(a) giving the name of a person, the street address of premises or a telephone number; and
(b) mentioning the type of goods, work or service, the supply or performance of which, or information concerning which, may be obtained by applying to the person, or at the address, or by calling the telephone number;
is evidence that the person named, or occupying the premises the address of which is given, or at which the telephone referred to is situated, is carrying on the business of supplying the goods or services or performing the work at the premises.
Definition of "transient trader"
In this section, "transient trader" means a person who, whether or not occupying other premises elsewhere in the city, offers goods or services for sale in the city at a location where the carrying on of such business is for a temporary period only, and includes a person who begins a business in the city without having resided or occupied a place of business in the city for at least the last three months, but does not include
(a) a person who sells, or offers for sale, by wholesale goods for future delivery from some place outside the city; or
(b) a person who takes orders for a person carrying on a wholesale business in the city.
In a legal proceeding to enforce a by-law for the regulation and licensing of transient traders, the onus is on the person accused of carrying on business as a transient trader without a licence to prove that his or her intention on commencing the business in question was to continue to carry on the business permanently in the location in which the business was commenced, if the business was not in fact carried on in that location for a period of more than three months.
For the purpose of a by-law made under section 133 (litter from businesses), discarded containers and papers of a kind used in a business described in that section that are found within the distance from the place prescribed in the by-law are presumed to have been used for the sale of goods sold in that business and to have been discarded by its patrons.
A conviction for a breach of a by-law shall not be quashed for want of proof of the by-law before the convicting justice, but the court hearing the motion to quash may dispense with any proof or permit the by-law to be proved by affidavit or otherwise.
BOARDED-UP BUILDINGS
Where, in any proceeding relating to the enforcement of a by-law passed under clause 151(d), there is evidence that a building was boarded up on two separate dates, the onus is on the owner to prove that the building was not continuously boarded up between those dates.
ANIMALS
For the purposes of this section, an animal is running at large if it is not under control by being
(a) under the direct and continuous control of a person who is competent to control it;
(b) securely confined within an enclosure; or
(c) securely fastened so that it is unable to roam at will.
Offence re dogs running at large
No owner or person in charge of a dog shall permit it to run at large at any time within the city.
Where a dog is found running at large in contravention of subsection (2), on the hearing of an information and complaint against the owner or person in charge of the dog for breach of that subsection, the owner or person in charge is presumed to have permitted the dog to run at large unless the presiding justice is satisfied that the owner or person took all reasonable precautions to prevent it from running at large.
A justice with jurisdiction in the city, on being satisfied that an animal found within the city has caused or is likely to cause damage or injury, may, after notice or summons to the owner of the animal, if the owner is known, order that the animal be destroyed or impounded and, whether making such an order or not, may assess damages to be paid by the owner of the animal or the person harbouring it to any person suffering damage or injury caused by the animal.
On hearing a matter under subsection (1), a justice shall conduct the proceedings according to the same rules as, and has the same powers in all respects as are applicable to, and as a justice would have in, a prosecution for a breach of a by-law, and there is the same right of appeal from any order or award made in the matter as there is in the case of a conviction for such a breach.
DIVISION 6
EXEMPTION ORDERS
Subject to section 512, for the purposes of any program or project that the government is carrying on, administering, or participating in, either directly or through some person acting on behalf of the government, the Lieutenant Governor in Council may order that a by-law, resolution, approval, consent, order, decision or procedure passed, granted, made or required under this Act does not apply to, and is not binding on, the government or a specified agency, institution or person for specified purposes.
Where a proposed order under section 511 relates to a matter in respect of which a hearing is required under this Act to be conducted, the Lieutenant Governor in Council must not make the order until a hearing is conducted under this section and the report required under subsection (3) is delivered to the minister.
The hearing required under subsection (1) is for the purpose of receiving submissions on the proposed order and shall be conducted by a person appointed by the minister.
Notice and adjournment of hearing and report
A person appointed under subsection (2) to conduct a hearing
(a) must give public notice of the hearing, and the city is not responsible for giving the notice;
(b) may receive all submissions on the same day or, if it is necessary or advisable, adjourn the hearing from time to time until all submissions are received; and
(c) must, on or before a date specified by the minister, submit a report to the minister setting forth
(i) a summary of the submissions made at the hearing,
(ii) the person's determination of the facts relevant to the proposed order, and
(iii) the person's opinion of the probable and possible effects of making the proposed order.
DIVISION 7
MISCELLANEOUS
RECOVERY OF COSTS IN LEGAL PROCEEDINGS
If the city employs a barrister or solicitor whose remuneration is wholly or partly by salary, the city may recover and collect lawful costs in all suits and proceedings in the same manner as if the barrister or solicitor were not receiving a salary, even if the costs are, by the terms of the employment, payable to the barrister or solicitor as remuneration in addition to salary.
NOXIOUS WEEDS ACT
Application of Noxious Weeds Act
The city has the responsibilities and duties charged on, and the powers and authority given to, a municipality under The Noxious Weeds Act.
Despite anything in The Noxious Weeds Act, if the city in carrying out its duties, powers and authority under that Act incurs any expense by reason of its weed inspectors' cutting down or destroying noxious weeds on real property within the city,
(a) the amount of the expense is a debt due to the city by the person whose duty it is under that Act to destroy the weeds;
(b) the amount of the expense may be recovered by the city by action in a court of competent jurisdiction;
(c) the city has a lien on the property in the amount of the expense; and
(d) instead of collecting the amount of the expense as provided in clause (b) or (c), the amount, certified by the weed inspector, may be added to the real property taxes imposed by the city on the property and collected in the same manner and with the same priorities.
RESTRICTIONS ON FLOOD ASSISTANCE
There is no right to payment of flood protection assistance or flood damage assistance, and the prohibitions in subsections (2) and (3) of such payments in certain circumstances do not imply that such assistance will be paid in other circumstances.
Building in designated floodway area
Neither the government nor the city shall pay flood protection assistance or flood damage assistance in respect of a building that is constructed in a designated floodway area after the day that the area is so designated, unless the building was constructed pursuant to a permit issued under subsection 158(3) (exception for construction in floodway area) and complies with floodproofing criteria.
Government assistance in floodway fringe area
The government shall not pay flood protection assistance or flood damage assistance in respect of a building that is constructed or brought within a designated floodway fringe area after the day that the area is so designated unless the building complies with floodproofing criteria.
City assistance in floodway fringe area
The city shall not pay flood protection assistance or flood damage assistance in respect of a building that is constructed or brought within a designated floodway area after the day that the area was so designated unless the building complies with
(a) floodproofing criteria; and
(b) an order made under subsection 158(7) (order varying floodproofing criteria) that does not contain a term or condition prohibiting the payment by the city of flood protection assistance or flood damage assistance.
DISCHARGE OF BUILDING RESTRICTIONS
In this section,
"building restriction" means an agreement, bylaw or caveat that is registered in a land titles or registry office and contains a building restriction covenant or scheme; (« restrictions à la construction »)
"registry office" means a registry office as defined in The Registry Act. (« bureau du registre foncier »)
City may discharge instruments
The city may discharge a building restriction that is registered in favour of the city.
If the city has the power to act under subsection (2) and also under a specific provision of this or another Act, the power conferred by subsection (2) is subject to any procedural requirements, including conditions, approvals and appeals, that apply to the power and to any limits on the power contained in the specific provision.
TRANSITIONAL AND CONSEQUENTIAL AMENDMENTS
MATTERS UNDER FORMER ACT
In this Part, "former Act" means The City of Winnipeg Act, S.M. 1989-90, c. 10, as amended to the day before the coming into force of this Act.
Continuation of by-laws, resolutions
If, as a result of this Act, council no longer has the authority to pass a by-law or resolution that was in force on December 31, 2002, despite the absence of authority,
(a) the by-law or resolution continues in force until its repeal or January 1, 2004, whichever occurs first; and
(b) the authority, as it read on December 31, 2002, continues to apply to the by-law or resolution passed under it before January 1, 2003.
A by-law or resolution described in subsection (1) shall not be amended.
Appointments and other decisions
An appointment or other decision made by or in respect of the city under the former Act continues with the same effect as if it had been passed or made under this Act.
Plans, licences, permits, approvals and authorizations
Plans, and licences, permits, approvals and authorizations issued under by-laws or resolutions made under the former Act continue as if they had been issued or made or under this Act.
The agreements and contracts of the city under the former Act that are in force immediately before the coming into force of this Act are continued as if they were made under this Act, subject to any provision of this Act that affects them.
Reserves funds under former Act
Where money has been paid into or required to be kept in a reserve fund under the former Act, the reserve fund is continued and must be administered in accordance with this Act.
Nothing in this Act affects a borrowing made under the former Act.
Continuation of tax and penalty
A tax, and a penalty in respect of a tax, imposed before the coming into force of this Act continues with the same effect as if imposed under this Act.
A tax roll and tax notice prepared before the coming into force of this Act continue with the same effect as if prepared under this Act.
Where land within the city is sold for taxes before the coming into force of this Act, the provisions of the former Act respecting the rights, powers and obligations of the city, the tax purchaser and the person who owned the land before the sale continue to apply in respect of the land until the period for the redemption of the land provided for under that Act has expired.
Hearings and applications begun
Despite the repeal of the former Act, except to the extent that they are inconsistent with this Act, all hearings that were commenced under the former Act but not completed, and all applications that were made under the former Act but not dealt with before the coming into force of this Act, may be continued and completed or dealt with under this Act, with necessary changes.
Sinking Fund Trustees continued
Despite the repeal of the former Act,
(a) "The Sinking Fund Trustees of the City of Winnipeg" is continued as a body corporate and the corporation and its trustees continue to have the same rights, privileges, powers, duties and obligations that they have on December 31, 2002
(i) under the former Act, another Act or a by-law passed under the former Act, or
(ii) in respect of an agreement entered into by the city; and
(b) the city continues to have the same rights, duties and obligations set out in the former Act to
(i) pay money into, and receive money from, the sinking fund, and
(ii) appoint and remunerate the trustees of The Sinking Fund Trustees of the City of Winnipeg.
The persons who are, on December 31, 2002, trustees of The Sinking Fund Trustees of the City of Winnipeg shall remain so until council appoints new trustees.
This section applies only in respect of the sinking fund for debentures issued pursuant to a debenture by-law passed under the former Act, or the refinancing of them.
Except as otherwise provided in section 519.1, all funds administered by The Sinking Fund Trustees of the City of Winnipeg before the coming into force of this Act shall be transferred by the trustees to the city, and all rights, duties and liabilities of the trustees in respect of those funds vest in the city and the funds shall be administered in accordance with this or any other applicable Act.
ST. BONIFACE MUSEUM BOARD
Museum board continues to operate museums
The St. Boniface Museum Board shall continue to supervise the operation of museums for which it was responsible immediately before the coming into force of this Act.
REGULATIONS
The Lieutenant Governor in Council may make regulations respecting any matter that the minister considers is not provided for or not sufficiently provided for in this Act.
A regulation made under subsection (1)
(a) may be made retroactive to a day not earlier than the day section 8 (city continued) comes into force; and
(b) is repealed on the earliest of
(i) the day an amendment that adds the same or a similar matter to this Act comes into force,
(ii) the day that another regulation repealing the regulation made under subsection (1) comes into force, and
(iii) the day that is two years after the day that it is made by the Lieutenant Governor in Council.
CONSEQUENTIAL AMENDMENTS
Consequential amendment, C.C.S.M. c. C225
Clause 3(2)(c) of The Corporations Act is amended by adding "to The City of Winnipeg or" before "to a municipality".
Consequential amendment, C.C.S.M. c. L10
Clause 4(3)(d) of The Labour Relations Act is replaced with the following:
(d) for the period from December 22, 1989 to December 31, 2002, to sections 462 and 463 of The City of Winnipeg Act, S.M. 1989-90, c. 10;
(d.1) from January 1, 2003, to sections 169 to 173 of The City of Winnipeg Charter;
Consequential amendments, C.C.S.M. c. L180
The Local Authorities Election Act is amended by this section.
Section 3 is amended in the part before clause (a) by striking out "any other Act" and substituting "any other Act, but subject to subsection (2)".
Section 3 is amended by renumbering it as subsection 3(1) and by adding the following as subsection 3(2):
City of Winnipeg Charter to prevail
Where a provision of The City of Winnipeg Charter is inconsistent with a provision of this Act, the provision of The City of Winnipeg Charter prevails.
Consequential amendments, C.C.S.M. c. M226
The Municipal Assessment Act is amended by this section.
Clause (c) of the definition "municipality" in subsection 1(1) is replaced with the following:
Section 3 is amended by striking out "32 to".
Subsection 14(2) is amended by striking out "last revised assessment roll as defined in section 205 of The City of Winnipeg Act" and substituting "latest revised real or personal property assessment roll or business assessment roll, as the case requires, of The City of Winnipeg as certified, amended and revised by the City Assessor".
The following is added after subsection 14(2):
Notice, revision and appeal re corrections
After amending an assessment roll under this section, the assessor must send written notice of the amendment to the person in whose name the subject property is assessed. The revision and appeal process set out in Part 8 applies in respect of the amendment, except that an application for revision must be made within 20 days after the day the notice of the amendment was received by the person in whose name the property was assessed.
Consequential amendments, C.C.S.M. c. M255
The Municipal Council Conflict of Interest Act is amended by this section.
Subsection 7(4) is replaced with the following:
Notwithstanding subsections (2) and (3), where in the circumstances referred to in subsection (1) there would be fewer than two councillors remaining at a meeting of a committee or subcommittee of The City of Winnipeg, the committee or subcommittee shall refer the matter to the council of the city, and council shall discuss and vote on the matter in place of the committee or subcommittee.
Clause 17(2)(c) is repealed.
Consequential amendments, C.C.S.M. c. O45
The Ombudsman Act is amended by this section.
529(2) Section 1 is amended
(a) by adding the following definition in alphabetical order:
"city" means The City of Winnipeg; (« ville »)
(b) by replacing the definitions "council", "head of council" and "municipality" with the following:
"council" in respect of
(a) a municipality has the same meaning as in The Municipal Act, and
(b) the city has the same meaning as in The City of Winnipeg Charter; (« conseil »)
"head of council" in respect of
(a) a municipality has the same meaning as in The Municipal Act, and
(b) the city has the same meaning as in The City of Winnipeg Charter; (« président du conseil »)
"municipality" means
(a) a municipality as defined in The Municipal Act, and
(b) The City of Winnipeg. (« municipalité »)
Subsection 36(3) is amended by adding
"or The City of Winnipeg Charter, as the case may be," after "with The Municipal Act".
Consequential amendment, C.C.S.M. c. P220
The Public Libraries Act is amended by adding the following after section 32:
Winnipeg libraries as municipal libraries
Parts II and III do not apply to The City of Winnipeg, but, for the purposes of this Act,
(a) The City of Winnipeg is deemed to be a municipality; and
(b) public libraries operated by The City of Winnipeg are deemed to be municipal public libraries.
Consequential amendments, C.C.S.M. c. P265
The Schedule to The Public Sector Compensation Disclosure Act is amended
(a) in clause (e), by striking out ", The City of Winnipeg Act"; and
(b) by adding the following after clause (e):
(e.1) The City of Winnipeg,
Consequential amendment, C.C.S.M. c. P280
Section 106 of The Public Utilities Board Act is amended by striking out "section 548 of The City of Winnipeg Act" and substituting "sections 210 and 215 of The City of Winnipeg Charter".
Consequential amendments, C.C.S.M. c. R30
The Real Property Act is amended by this section.
Section 118 is replaced with the following:
If a consent to the registration or filing of an instrument has been granted under The City of Winnipeg Charter, a certificate of the consent signed by an employee of The City of Winnipeg who is designated by the city council for that purpose may accompany the instrument when it is registered or filed in a land titles office.
Clause 127(3)(a) is replaced with the following:
(a) where the land is situated in the City of Winnipeg, the plan has been approved under Part 6 of The City of Winnipeg Charter or consent has been granted under Part 6 of that Act to the registration or filing of the plan;
Subsection 148(2) is replaced with the following:
Despite subsection (1), no person shall present for filing any caveat based on an agreement, mortgage, encumbrance or lease
(a) that contravenes subsection 60(1) of The Planning Act; or
(b) that, because of section 263 of The City of Winnipeg Charter, the district registrar must not accept for filing.
Consequential amendment, C.C.S.M. c. S230
Subclause 23.3(8)(b)(i) of The Summary Convictions Act is amended by striking out "section 510.1 of the City of Winnipeg Act" and substituting "clause 134(l) of The City of Winnipeg Charter".
Consequential amendments: references to the former Act
The Acts listed in the Schedule are amended as described in the Schedule.
UNPROCLAIMED AMENDMENTS RESPECTING PENSIONS
Subsection 90(1) of this Act is replaced with the following:
The city may pass by-laws for establishing, maintaining and regulating a pension plan and group insurance plan for officers and employees of the city who are not participating in the employee benefits program referred to in section 94 and may, in addition to all other rates and assessments for city purposes, levy and assess in every year a special rate sufficient to furnish the amount required during the year to establish and maintain the funds for the plans established by by-law under this section or included in the employee benefits program, and may guarantee the solvency of the plans.
Subsection 90(5) of this Act is replaced with the following:
Combination of funds for investment
A benefit board may combine any funds that it administers with the funds administered by another benefit board or, if the board of trustees managing the employee benefits program referred to in section 94 wishes to participate, with the funds administered by that board of trustees, if
(a) council by by-law authorizes the combination of such funds;
(b) the manner of the investment of the combined funds is authorized by each benefit board and, if it participates, the board of trustees; and
(c) accounts are kept to show the share of each benefit board and of the board of trustees, if it participates, in the combined fund.
Subsection (4) does not apply to a benefit board that combines the funds it administers with the funds administered by the board of trustees referred to in subsection (5).
Section 91 of this Act is repealed.
REPEAL, CITATION AND COMING INTO FORCE
The City of Winnipeg Act, S.M. 1989-90, c. 10, is repealed.
This Act may be cited as The City of Winnipeg Charter.
Subject to subsection (2), this Act comes into force on January 1, 2003.
Coming into force: section 536
Section 536 comes into force on a day fixed by proclamation.
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