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S.M. 2004, c. 51

Bill 49, 3^rd Session, 38^th Legislature

The Municipal Amendment Act

(Assented to December 9, 2004)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. M225 amended

1

The Municipal Act is amended by this Act.

2(1)

The Division heading before section 261 is replaced with the following:

DIVISION 5

GRANTS, TAX CREDITS AND TAX INCREMENT FINANCING

2(2)

The following is added after section 261:

Definitions

261.1

The following definitions apply in this section and in sections 261.2 and 261.3.

"financial assistance" means a tax credit for municipal taxes or a grant. (« aide financière »)

"municipal taxes" means business taxes, property taxes, and fees in lieu of business taxes imposed for municipal purposes under Part 10 (Powers of Taxation). (« taxes municipales »)

Establishing financial assistance programs

261.2(1)

A council may by by-law establish financial assistance programs.

Provisions of financial assistance programs

261.2(2)

A financial assistance program may include provisions

(a) prescribing the types, locations or classes of premises eligible for financial assistance, which types, locations or classes may be based on the age, assessed value or occupancy of the premises, or other criteria;

(b) prescribing the amount, or the manner of calculating the amount, of financial assistance for each premises or each type, location or class of premises;

(c) prescribing the types of renovations and costs associated that are eligible for financial assistance;

(d) establishing terms and conditions under which financial assistance may be provided or terminated, including establishing criteria for determining

(i) the amount, or the manner of calculating the amount, of financial assistance,

(ii) the maximum annual financial assistance, and

(iii) the year or years during which financial assistance may be paid out or applied;

(e) respecting criteria for eligibility of recipients of financial assistance; and

(f) respecting any other matter that the council considers necessary or advisable.

Establishing tax increment financing programs

261.3(1)

A council may by by-law establish tax increment financing programs in designated areas of the municipality for the purpose of encouraging investment or development in those areas.

Provisions of tax increment financing programs

261.3(2)

A tax increment financing program may provide

(a) that some or all of the incremental municipal taxes coming from the designated area are to be placed into a reserve fund;

(b)  that money in a reserve fund is to be used

(i) to give financial assistance to persons who invest in developing or constructing property in the area,

(ii)  to fund a financial assistance program for persons who invest in developing or constructing property in the area, and

(iii) to benefit the area by acquiring, constructing, operating, improving and maintaining works, services, facilities and utilities of the municipality; and

(c)  for any other matter that the council considers necessary or advisable.

3

The following is added after subsection 271(2):

Amalgamated municipalities

271(3)

If a municipality described in subsection (1) amalgamates with another municipality,

(a) subsection (1) continues to apply to the part of the amalgamated municipality to which it applied before amalgamation; and

(b) the amalgamated municipality may levy an additional tax against the property in that part of the municipality to meet the obligation incurred under that subsection.

4

The following is added after section 309:

DIVISION 3.1

MOBILE HOMES

Definitions

309.1(1)

The following definitions apply in this section.

"characteristic" includes the age, size, type or any other characteristic of a mobile home prescribed by by-law. (« caractéristique »)

"mobile home by-law" means a by-law continued under this Act that requires a mobile home in a municipality to be licensed. (« règlement sur les maisons mobiles »)

Amending mobile home licence fees

309.1(2)

The council of a municipality that has a mobile home by-law may amend the amount of the licence fee payable under the by-law, and in doing so may

(a) fix, or provide for the manner of determining and fixing, different fees based on one or more characteristics of a mobile home; or

(b)  establish classes of mobile homes with different characteristics and fix, or provide for the manner of determining and fixing, different fees for different classes of mobile homes.

Phasing out mobile home licences

309.1(3)

In repealing a mobile home by-law, a council may limit the increase or decrease in the amount payable as property taxes for a mobile home when compared to the amount that was paid as a licence fee, on the terms and conditions, and for the time period, prescribed in the by-law.

Consequential amendment, C.C.S.M. c. M226

5

Subsection 1(1) of The Municipal Assessment Act is amended

(a) in clause (c) of the definition "assessable property", by striking out "mobile house" and substituting "mobile home"; and

(b)  in clause (g) of the definition "improvement", by striking out "mobile house" and substituting "mobile home".

Coming into force

6

This Act comes into force on the day it receives royal assent.