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The Municipal Statutes Amendment Act (2)

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If you need an official copy, use the bilingual (PDF) version.

S.M. 2021, c. 46

Bill 53, 3rd Session, 42nd Legislature

The Municipal Statutes Amendment Act (2)

Explanatory Note

This note was written as a reader's aid to the Bill and is not part of the law.

This Bill amends four Acts.

The Municipal Act and The City of Winnipeg Charter are amended

to clarify that meetings and hearings may be held partially or entirely by means of an electronic or other communication facility;

to allow publication of notices on a newspaper's website; and

for municipalities other than Winnipeg, to allow public notice to be posted outside of the municipal office, instead of solely within the office.

The Municipal Board Act is amended to allow sittings of the municipal board by means of an electronic or other communication facility.

The Planning Act is amended

to allow a planning district or municipality to publish notice of a hearing on a newspaper's website; and

to allow a planning district or municipality to post certain notices outside of the district or municipal offices, instead of solely within the office.

(Assented to May 20, 2021)

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

PART 1

THE MUNICIPAL ACT

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

1

The Municipal Act is amended by this Part.

2

Subsection 1(1) is amended by adding the following definition:

"place", in relation to a meeting or hearing conducted by means of an electronic or other communication facility, includes the electronic or other communication facility; (« lieu »)

3

Subsection 84.1(4) is replaced with the following:

Approval of resolution to sanction

84.1(4)

A resolution to sanction a member under a code of conduct must be affirmed

(a) by a majority plus one of the members, for a council with seven or more members; or

(b) by a majority of the members, for a council with fewer than seven members.

4

Subsection 150(1) is amended by adding "partially or entirely" after "conduct a meeting".

5

The following is added after subsection 152(2):

Meeting deemed to be public

152(2.1)

A meeting conducted partially or entirely by means of a communication facility is deemed to be conducted in public, and the right of a person to be present at the meeting is satisfied, if the council or council committee provides public access to the communication facility used to conduct the meeting.

6(1)

The following is added after subsection 160(2):

Participating member deemed to be present

160(2.1)

A member participating in a hearing conducted partially or entirely by means of an electronic or other communication facility is deemed to be in attendance at the meeting.

6(2)

Subsection 160(4) is amended by adding the following after clause (a):

(a.1) establishing requirements for conducting a hearing partially or entirely by means of an electronic or other communication facility;

7(1)

Subsection 420(1) is replaced with the following:

Notice of a public hearing

420(1)

When this Act requires public notice to be given of a public hearing, the municipality must

(a) post the notice at the municipal office in a conspicuous manner for at least 14 days during the period starting 40 days before the hearing and ending 7 days before it; and

(b) subject to subsection (1.1), do one of the following:

(i) publish the notice at least twice in a newspaper or other publication having general circulation in the municipality during the period set out in clause (a), with the publications being at least six days apart,

(ii) post the notice prominently on the website of a newspaper or other publication having general circulation in the municipality for at least 14 days during the period set out in clause (a).

Notice if no local newspaper

420(1.1)

If there is no newspaper or other publication having general circulation in the municipality, the municipality must

(a) give public notice of a public hearing by posting the notice in a conspicuous manner at the municipal office and at least two other public places in the municipality; and

(b) post such notice for at least 14 days during the period starting 40 days before the hearing and ending 7 days before it.

7(2)

Subsection 420(2) is amended, in the part before clause (a), by adding "or (1.1)" after "subsection (1)".

7(3)

Subsection 420(3) is replaced with the following:

Other public notices

420(3)

When this Act requires public notice of a matter other than a public hearing, the municipality must

(a) post the notice at the municipal office in a conspicuous manner for at least 14 days before any proposed action in respect of the matter is to be taken; and

(b) subject to subsection (3.1), do one of the following:

(i) publish the notice at least once in a newspaper or other publication having general circulation in the municipality, at least seven days before any proposed action in respect of the matter is to be taken,

(ii) post the notice prominently on the website of a newspaper or other publication having general circulation for at least seven days before any proposed action in respect of the matter is to be taken.

Notice if no local newspaper

420(3.1)

If there is no newspaper or other publication having general circulation in the municipality, the municipality must

(a) give public notice of the matter by posting the notice in a conspicuous manner at the municipal office and at least two other public places in the municipality; and

(b) post such notice for at least 14 days before any proposed action in respect of the matter is to be taken.

7(4)

Subsection 420(4) is amended, in the part before clause (a), by adding "or (3.1)" after "subsection (3)".

PART 2

THE MUNICIPAL BOARD ACT

C.C.S.M. c. M240 amended

8

The Municipal Board Act is amended by this Part.

9

Section 1 is amended by adding the following definition:

"place", in relation to a sitting of the board that is conducted by means of an electronic or other communication facility, includes the electronic or other communication facility; (« lieu »)

10

The following is added after subsection 15(3):

Meeting — electronic communications

15(3.1)

The board may conduct a sitting partially or entirely by means of an electronic or other communication facility if the facility enables

(a) the members and parties to hear and speak to each other; and

(b) the public to hear the proceedings.

11

Subsection 32(1) of the French version is amended by striking out "seul membre" and substituting "membre seul".

12

The following is added after subsection 32(1):

Hearing by communication facility

32(1.1)

A single member may hear an application, petition, matter or complaint under subsection (1) partially or entirely by means of an electronic or other communication facility if the facility enables the parties to hear and speak to each other.

PART 3

THE PLANNING ACT

C.C.S.M. c. P80 amended

13

The Planning Act is amended by this Part.

14

Subsection 1(1) is amended by adding the following definition:

"place", in relation to a meeting or hearing conducted by means of an electronic or other communication facility, includes the electronic or other communication facility. (« lieu »)

15

Subclause 21(1)(b)(ii) is amended by adding "and requirements for conducting a meeting or hearing partially or entirely by electronic or other communication facility" after "rules of procedure".

16(1)

Clause 114(2)(b) is replaced with the following:

(b) publish or post the notice of hearing in accordance with subsection (2.1); and

16(2)

The following is added after subsection 114(2):

Publishing or posting notice

114(2.1)

The board, council or planning commission must publish or post the notice of hearing in accordance with the following:

(a) if there is a newspaper with a general circulation in the planning district or municipality,

(i) by publishing the notice of the hearing in one issue of the newspaper, or

(ii) by posting the notice prominently on the website of the newspaper continuously until the date of the hearing;

(b) if there is no such newspaper, by posting the notice in a conspicuous manner at the office of the planning district or municipality and at least two other public places in the district or municipality.

17

Section 164 is amended

(a) in the English version, by striking out "posted in" and substituting "posted at"; and

(b) by adding "in a conspicuous manner" after "planning district or municipality".

18

Subsection 168(2) is replaced with the following:

Notice of a public hearing

168(2)

Notice of the hearing must be given in accordance with one of the following:

(a) if there is a newspaper with a general circulation in the planning district or municipality,

(i) by publishing the notice of the hearing in one issue of the newspaper on two occasions at least 6 days apart during the period beginning 40 days before the hearing and ending 7 days before the hearing, or

(ii) by posting the notice prominently on the website of the newspaper for at least 14 days before the hearing;

(b) if there is no such newspaper, by posting the notice in a conspicuous manner at the office of the planning district or municipality and at least two other public places in the district or municipality at least 14 days before the hearing.

19

Clause 169(2)(b) is replaced with the following:

(b) be posted at the office of the applicable planning district or municipality in a conspicuous manner;

20

The following is added after subsection 172(1):

Method of hearing

172(1.1)

A hearing under this Act may be conducted partially or entirely by means of an electronic or other communication facility if those persons using the facility are able to hear the proceedings of the meeting and participate in the meeting to the extent authorized by this Act.

PART 4

THE CITY OF WINNIPEG CHARTER

S.M. 2002, c. 39 amended

21

The City of Winnipeg Charter is amended by this Part.

22

Subsection 14(4) is amended by striking out everything after "must each be published" and substituting "in two newspapers in accordance with subsection 113(2).".

23

Subsection 81(1) is amended by adding "partially or entirely" after "conduct a meeting".

24

Subsections 113(1) and (2) are replaced with the following:

Public notices of hearings and other matters

113(1)

Except where this Act provides otherwise, where public notice of a hearing or other matter is required by this Act, the city must

(a) publish the notice in a newspaper having general circulation in the city at least 14 days before the day the hearing is to begin or any step is taken or work is done in respect of the matter; or

(b) post the notice prominently on the website of a newspaper having general circulation in the city for the 14-day period before the day the hearing is to begin or any step is taken or work is done in respect of the matter.

Multiple publications of public notices

113(2)

Except where this Act provides otherwise, where a public notice of a hearing or other matter is required to be published in a newspaper more than once, the notice must be

(a) published in a newspaper having general circulation in the city at least 6 days apart and one of the publications may be less than 14 days before the day when the hearing is to begin or any step is taken or work is done in respect of the matter; or

(b) posted prominently on the website of a newspaper having general circulation in the city for the 14-day period before the day when the hearing is to begin or any step is taken or work is done in respect of the matter.

25

Subsection 122(1) is amended by striking out "and" at the end of clause (d) and adding the following after clause (d):

(d.1) prescribing requirements for holding a hearing partially or entirely by means of electronic or other communications devices; and

PART 5

COMING INTO FORCE

Coming into force

26

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