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This is an unofficial archived version.
This version was current from November 1, 2009 to November 30, 2009.

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SM 2002, c. 39

The City of Winnipeg Charter

File 1: s. 1 to 223 (Parts 1 to 5)
File 2: s. 224 to 539 (Parts 6 to 12)

(Assented to August 9, 2002)

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

PART 1

INTERPRETATION, PURPOSES AND GENERAL AUTHORITY

Definitions

1           In this Act,

"affiliated body" means a committee, commission, board, association or other body, whether incorporated or unincorporated,

(a) that is established by council,

(b) the majority of the members of which, or the majority of the members of the board of management or board of directors of which,

(i) are appointed by council, or

(ii) if not appointed by council, are in the discharge of their duties, employees of the city or are, directly or indirectly, responsible to the city, or

(c) that is controlled by the city through direct or indirect ownership of

(i) 50% or more of the shares in its capital stock that carry the right to vote at all times, if the body is a corporation, or

(ii) 50% or more of the interests in the body that carry the right to vote at all meetings of the owners of such interests, if the body is not incorporated; (« organisme affilié »)

"back lane" means a back lane as defined in subsection 1(1) of The Highway Traffic Act; (« ruelle »)

"board of revision" means the Board of Revision of the city, appointed under Part 8 (Revision and Appeal) of The Municipal Assessment Act; (« comité de révision »)

"boulevard" means the portion of a street, on either side or in the centre of the street,

(a) that is adjacent to the travelled portion of the street,

(b) that is maintained for the purpose of improving the appearance or safety of the street, and

(c) that is not intended to be used to carry vehicular traffic; (« terre-plein »)

"building" includes a well, pipe line, conduit, cut, excavation, fill, transmission line and any structure or erection, and any part of any of those things, and also includes an addition to or extension of any building or any of those things and a chattel that is attached to, or installed in or on, any building or any of those things; (« bâtiment »)

"business" means

(a) a commercial, merchandising or industrial activity or undertaking,

(b) a profession, trade, occupation, calling or employment,

(c) keeping or operating a device or thing, or

(d) an activity providing goods or services,

whether or not carried on continuously or on an intermittent basis and whether or not for gain or profit, and however formed or organized, and includes a co-operative and an association of persons; (« enterprise »)

"business tax" means the business tax imposed under

(a) Part 8 (Assessment, Taxation and Other Levies on Property) on the business assessment of premises, or

(b) section 32 (business tax on cable television service) of The Municipal Assessment Act; (« taxe d'entreprise »)

"by-law" means a by-law of the city; (« règlement municipal »)

"carry on", in relation to a business, means to operate the business, to perform any service or function in respect of the business, to keep, hold, deal in or use any property in respect of the business or to occupy any premises in respect of the business, whether as principal or agent; (« exploiter »)

"chartered bus service" means service by means of a bus that is engaged solely to transport the individuals who engage it on one occasion or for one trip to a stated destination and, if required, to return to the point of origin; (« service d'autobus nolisé »)

"citizen" means an inhabitant of the city; (« citoyen »)

"city" means, as the case requires,

(a) the corporation known as "The City of Winnipeg", or

(b) the area of the City of Winnipeg as determined under this Act; (« ville »)

"city assessor" means the employee designated by council as the city assessor; (« évaluateur municipal »)

"city securities" means securities issued and payable by the city; (« valeurs municipales »)

"committee of council" means a committee of members of council established by this Act or by council for the purpose of carrying out responsibilities as provided in this Act or as directed by council; (« comité du conseil »)

"common-law partner" of a person means a person who, not being married to the other person, is cohabiting with him or her in a conjugal relationship of some permanence and where the person and the other person register their common-law relationship under section 13.1 of The Vital Statistics Act, they are deemed to be cohabiting in a conjugal relationship of some permanence; (« conjoint de fait »)

"construction" includes

(a) excavating, removing, filling and backfilling for the purpose of preparing or maintaining a site in respect of a building or a proposed building,

(b) erecting, extending, enlarging, placing, removing, relocating and demolishing a building,

(c) altering, repairing, renovating, reconstructing and maintaining a building,

(d) moving a building from one site to another,

(e) underpinning the foundation of a building, and

(f) installing equipment and materials in a building; (« travaux de construction »)

"council" means the council of the city, and where a delegation of authority is permitted, includes its designate; (« conseil »)

"councillor" means a member of the council other than the mayor; (« conseiller municipal »)

"Crown" means Her Majesty both in right of Manitoba and in right of Canada; (« Couronne »)

"declaration", in relation to a declaration of office, means an oath, affirmation or statutory declaration; (« déclaration »)

"designated committee of council", when used in a provision of this Act, means a committee of council designated by council to carry out

(a) a responsibility under that provision, or

(b) a responsibility in respect of a by-law to which reference is made in that provision; (« comité désigné »)

"designated employee", when used in a provision of this Act, means an employee designated by council to carry out

(a) a responsibility under that provision, or

(b) a responsibility in respect of a by-law to which reference is made in that provision; (« employé désigné »)

"designated floodway area" means an area designated as such in regulations made under subsection 158(1); (« zone désignée du canal de dérivation »)

"designated floodway fringe area" means an area designated as such in regulations made under subsection 158(1); (« zone limite désignée du canal de dérivation »)

"designated parking space" means a parking space that is on a street or in a parking facility and that has been designated, and identified by signs or pavement markings as being, for the sole use of motor vehicles displaying a physically disabled person's parking permit issued under section 124.3 (permit issuance) of The Highway Traffic Act; (« aire de stationnement désignée »)

"development" means the construction of a building on, over or under land, a change in the use or intensity of use of a building or land, the removal of soil or vegetation from land, the deposit or stockpiling of soil or material on land, and the excavation of land; (« aménagement »)

"district registrar" means the district registrar for the Winnipeg Land Titles Office; (« registraire de district »)

"employee" means an individual employed by the city, and includes a statutory officer; (« employé »)

"equipment" includes plumbing pipes, electrical wiring, fire alarms, sprinklers, air conditioning and other services, meters, appliances, devices, machines, apparatuses and fixtures, and installations related to any of them; (« équipement »)

"family" includes a common-law partner; (« famille »)

"floodproofing criteria" means the floodproofing criteria established in regulations made under subsection 158(1); (« critères de prévention des inondations »)

"general election" means an election of the mayor and councillors for all wards required to be held in October in every fourth year; (« élection générale »)

"health hazard" means a condition of property, a plant, an animal other than a human being, a solid, liquid or gaseous substance, a combination of substances or a combination of different states of a substance, a condition, state, process or thing that

(a) is or may become harmful or dangerous to health of an individual,

(b) hinders in any manner the suppression of disease or the prevention of injury,

(c) contaminates or pollutes, or may contaminate or pollute, food, water, soil or air,

(d) might render food, water, soil or air injurious to health of an individual, or

(e) is prescribed as a health hazard under this or any other Act; (« risque sanitaire »)

"hearing body" means any body, including a committee of council, that is required under this Act or a by-law to hold or conduct a hearing, and where The Municipal Board is required under this Act to hold or conduct a hearing, includes The Municipal Board in respect of the hearing; (« organisme d'audience »)

"heritage resource" means a heritage resource as defined in section 1 of The Heritage Resources Act; (« richesses du patrimoine »)

"highway" means a highway as defined in subsection 1(1) of The Highway Traffic Act; (« route »)

"in", when used in respect of a street or watercourse, includes "on", "along", "under" and "over"; (« dans »)

"land" means land, messuages, tenements and hereditaments, corporeal or incorporeal, of every kind and description, whatever the estate or interest therein, whether legal or equitable, and includes a unit specified in a plan to which The Condominium Act applies; (« bien-fonds »)

"land titles office" means the Winnipeg Land Titles Office; (« Bureau des titres fonciers »)

"mayor" means the mayor of the city; (« maire »)

"medical officer of health" means a duly qualified medical practitioner who, under The Public Health Act, is appointed or designated as a medical officer of health; (« médecin hygiéniste »)

"member", when referring to a member of council, includes a councillor and the mayor; (« membre »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre »)

"motor vehicle" means a motor vehicle as defined in subsection 1(1) of The Highway Traffic Act; (« véhicule automobile »)

"off-road vehicle" means an off-road vehicle as defined in subsection 1(1) of The Off-Road Vehicles Act; (« véhicule à caractère non routier »)

"ombudsman" means the Ombudsman appointed under The Ombudsman Act; (« ombudsman »)

"open", when referring to "opening" a street, includes not only the opening of a new street but also the extending, widening, diverting or otherwise altering of an existing street whereby land that was previously not part of the street is added to or made a part of the street; (« ouvrir »)

"owner", in relation to real property, means a person who is the owner of a freehold estate in the real property, and includes

(a) a person who is an owner, with another person as joint tenant or tenant in common, of a freehold estate,

(b) a person who is registered under The Condominium Act as the owner, as defined in that Act, of a unit under that Act, and

(c) a real owner, as defined in subsection 1(1) of The Municipal Assessment Act; (« propriétaire »)

"parcel" means the total of all contiguous land described in a single certificate of title; (« parcelle ou parcelle de terrain »)

"person" includes a firm, partnership, association or other body, whether incorporated or unincorporated; (« personne »)

"personal property" includes all goods, chattels, shares in corporations, interests in partnerships and syndicates, money, notes, accounts, debts, patents, copyrights, any rights, licences or privileges that are transferable or assignable, and other personal property, but does not include real property; (« bien personnel »)

"plan of subdivision" means a plan of subdivision prepared in accordance with The Real Property Act; (« plan de lotissement »)

"Plan Winnipeg by-law" means a by-law passed under Part 6

(a) to adopt, re-adopt, replace or amend Plan Winnipeg, or

(b) to amend a by-law adopting, re-adopting, replacing or amending Plan Winnipeg; (« Règlement municipal sur le plan de la ville de Winnipeg »)

"planning commission" means a planning commission established under section 273(1) (establishment of planning commission); (« commission de planification »)

"private works" means works constructed in a street for the use or benefit of owners or occupants of land adjoining or connected with the street; (« ouvrages privés »)

"property" means personal property and real property; (« bien »)

"proprietor" of a business means

(a) where the business is entered on the city's business assessment roll, the person in whose name the premises are assessed, and

(b) where the business is not entered on the city's business assessment roll,

(i) if the business is carried on in premises, the person who is found in charge of the business in the premises, and

(ii) if the business is not carried on in premises, the person who is actively carrying on the business; (« propriétaire d'une entreprise »)

"public service works" includes

(a) water control works, bank stabilization works, docks, publicly owned open-air structures used for recreational purposes,

(b) works used to provide services or commodities to the public by the Crown or the city, and

(c) works used for or incidental to the operation of a public utility as defined in section 1 of The Public Utilities Board Act; (« ouvrages publics »)

"rate", in relation to a rate of taxation, means

(a) a percentage of the assessed value of property, or a specified number of mills for each dollar of the assessed value of property, or a percentage of the annual rental value of premises, or

(b) a specified amount in dollars or cents, or both, in respect of

(i) each unit of frontage or flankage of designated subdivided lands, or

(ii) each unit of area of designated unsubdivided lands; (« taux »)

"real property" means land and improvements on land, and includes

(a) an interest in land or an improvement, and

(b) air, surface and subsurface rights and interests in respect of land,

but in Part 8 (Assessment, Taxation and Other Levies on Property), does not include mines and minerals, sand, gravel, stone and rock; (« bien réel »)

"real property tax" means tax imposed under Part 8 (Assessment, Taxation and Other Levies on Property) on real property assessment; (« taxe foncière »)

"registered owner", in relation to land, means a person who

(a) is registered under The Real Property Act as the owner of an estate in fee simple in land that is subject to that Act,

(b) is the owner of an estate in fee simple in land that is not subject to The Real Property Act and who is the grantee named in a valid conveyance of land that is registered under The Registry Act, or

(c) is registered under The Condominium Act as the owner, as defined in that Act, of a unit under that Act; (« propriétaire inscrit »)

"registered plan of subdivision" means a plan of subdivision registered in the Winnipeg Land Titles Office under The Real Property Act, but does not include a plan of survey filed under section 127 (requirement for plan of survey) of that Act; (« plan de lotissement enregistré »)

"resolution" means a resolution passed by council or a committee of council or a subcommittee thereof; (« résolution »)

"secondary plan by-law" means a by-law passed under Part 6 (Planning and Development) that adopts, replaces or amends a secondary plan; (« règlement municipal sur un plan secondaire »)

"securities" means bonds, debentures, promissory notes, treasury bills, commercial paper or other documents evidencing debt and shares and includes documents commonly known as securities; (« valeurs mobilières »)

"senior election official" means the senior election official of the city appointed under The Municipal Councils and School Boards Elections Act; (« fonctionnaire électoral principal »)

"sensitive land" includes

(a) land that is susceptible to flooding or erosion or that has unstable slopes or poor drainage,

(b) areas of special significance for animal, bird or plant life, including wetlands, forests and nesting areas,

(c) land on which any development is likely to harm ecological diversity; (« bien-fonds sensible »)

"sidewalk" means sidewalk as defined in subsection 1(1) of The Highway Traffic Act; (« trottoir »)

"statutory officer" means an individual appointed to a position under section 96 (appointment of statutory officers); (« titulaire d'une charge créée par la loi »)

"street" means a highway or sidewalk; (« rue »)

"subdivision" means the division of land by an instrument, including

(a) a plan of subdivision, conveyance, deed, mortgage or grant, or

(b) an agreement granting or extending a use of or right in land, directly or indirectly or by an entitlement to renewal, for a period of 21 years or more,

but not including a lease respecting only floor space in a building; (« lotissement »)

"tax collector" means the chief financial officer of the city or the designate of the chief financial officer; (« percepteur »)

"taxes" means

(a) the following taxes imposed under Part 8 (Assessment, Taxation and Other Levies on Property):

(i) real property taxes,

(ii) business taxes, licence fees for licences in lieu of business tax, and licence fees for mobile home licences,

(iii) personal property taxes,

(iv) local improvement taxes,

(v) frontage taxes,

(vi) business improvement zone taxes,

(vii) electricity and gas taxes,

(b) any other taxes, levies and charges imposed under this Act which may be added to or collected in the same manner as real or personal property taxes or business taxes, and

(c) any taxes, levies or charges imposed under another Act which the city is required to collect and which may be added to or collected in the same manner as real or personal property taxes or business taxes; (« taxes »)

"voter" means an individual eligible under sections 21 or 22 of The Municipal Councils and School Boards Elections Act to vote at an election of members of a council; (« électeur »)

"waste" means waste as defined in subsection 1(2) of The Environment Act; (« déchets »)

"watercourse" means a drain, ditch, drainage ditch, culvert, water channel, retention pond or waterway, whether natural, constructed or altered; (« fossé »)

"waterway" means a river, stream, creek or canal, whether natural, constructed or altered, and includes the frozen surface or bed of a waterway; (« cours d'eau »)

"waterworks" includes water supply, treatment and distribution facilities; (« installations d'alimentation en eau »)

"works" includes buildings, walls, bridges, trestlework, dams, waterworks, water control works, canals, locks, tunnels, subways, railways, tramways, wharfs, piers, ferries, viaducts, aqueducts, conduits, watercourses, embankments of watercourses, vaults, mines, wells, streets, pavements, pedestrian decks or tunnels, street railways, harbours, docks, booms, excavations, fabrics and the towers, poles, lines, and equipment of transportation or transit systems or the construction of any of them; (« ouvrages » ou « travaux »)

"zoning by-law" means a by-law passed under section 236 (zoning by-laws), and includes

(a) a by-law amending a by-law passed under that section, and

(b) a by-law that under The City of Winnipeg Act, S.M. 1989-90, c. 10, was a development by-law and a by-law amending such a development by-law. (« règlement de zonage »)

S.M. 2002, c. 48, s. 26; S.M. 2005, c. 27, s. 164; S.M. 2006, c. 14, s. 113.

Determination of person responsible

2           Where this Act or a by-law provides that

(a) anything must be done by a person responsible for something;

(b) a fee, rate, deposit or other charge is to be paid by a person responsible; or

(c) remedial action, including prosecution, may be taken against a person responsible for something;

council may by by-law

(d) determine who will be deemed to be the person responsible; or

(e) provide rules for determining who is the person responsible.

Geographic application of by-laws

3(1)        Every by-law of the city applies only within the city's boundaries unless

(a) this or another Act provides that the by-law applies or may apply outside those boundaries; or

(b) the city agrees with another municipality that the by-law has effect within the boundaries of the other municipality.

Application of by-law of another municipality

3(2)        The city may agree with another municipality that a by-law of the municipality applies and has effect within all or part of the city.

By-laws or resolution inconsistent with Acts

4           A by-law or resolution of council that is inconsistent with an enactment in force in the province is of no effect to the extent of the inconsistency.

Purposes of city

5(1)        The purposes of the city are

(a) to provide good government for the city;

(b) to provide services, facilities or other things that council considers to be necessary or desirable for all or part of the city;

(c) to develop and maintain safe, orderly, viable and sustainable communities; and

(d) to promote and maintain the health, safety, and welfare of the inhabitants.

City is responsible and accountable

5(2)        The city is created to be a responsible and accountable government with respect to matters within its jurisdiction.

Broad authority

6(1)        The powers given to council under this Act are stated in general terms

(a) to give broad authority to council to govern the city in whatever way council considers appropriate within the jurisdiction given to it under this or any other Act; and

(b) to enhance the ability of council to respond to present and future issues in the city.

General powers not limited by specific

6(2)        If this Act confers a specific power on the city in relation to a matter that can be read as coming within a general power also conferred by this Act, the general power is not to be interpreted as being limited by the specific power.

Natural person powers

7(1)        The city has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act.

Specific powers

7(2)        When the city has the power to act under subsection (1) and also under a specific provision of this or another Act, the power conferred by subsection (1) is subject to any procedural requirements, including conditions, approvals and appeals, that apply to the power and any limits on the power contained in the specific provisions.

PART 2

CITY BOUNDARIES

CONTINUATION

City continued

8           The City of Winnipeg, as constituted immediately before the coming into force of this Act, is continued as a body corporate.

AREA

Boundaries and area

9(1)        The Lieutenant Governor in Council may, by regulation,

(a) subject to The Municipal Act, alter the area or boundaries of the city;

(b) correct or clarify the description of the area or boundaries of the city if the Lieutenant Governor in Council determines that there is an error or ambiguity in the description; and

(c) determine rights and liabilities in respect of any matter or thing arising from an error or ambiguity in the description of the area or boundaries of the city that is corrected or clarified under clause (b) and, if considered advisable, provide a manner or procedure to give effect to that determination.

Reference to maps

9(2)        The area or boundaries of the city described in a regulation made under subsection (1) is sufficiently described if it is indicated on, or described by reference to, a map adopted, incorporated or referred to in the regulation.

Time of effect of regulation

9(3)        A regulation made under clause (1)(b) or (c) may be made retroactive to the day when the error occurred or the ambiguity arose.

WARDS

Number of wards

10          Subject to a by-law passed under section 17, for electoral purposes, the city is divided into 15 wards, each of which is, in this Act, referred to as a "ward".

Establishment of wards commission

11(1)       There is hereby established "The Winnipeg Wards Boundaries Commission", in this Part referred to as the "commission", consisting of

(a) the Chief Justice of the Queen's Bench or a judge of the Court of Queen's Bench designated by the Chief Justice;

(b) the president of The University of Winnipeg; and

(c) the senior election official of the city.

Substitute members of commission

11(2)       Subject to subsection (3), if the commission is required to perform any duties under this Act

(a) when the president of The University of Winnipeg is unable to act for any reason or the office is vacant, the vice-president (academic) of The University of Winnipeg must act in place of the president; and

(b) when the senior election official is unable to act for any reason or the office is vacant, the city clerk must act in place of the senior election official.

Appointment of other acting members

11(3)       Where an individual designated under subsection (2) to act in place of a member of the commission is unable for any reason to act, council must appoint another individual to act in place of the member.

Duty of acting member

11(4)       An individual who, because of subsection (2) or (3), begins to act in place of a member of the commission, is the member until the commission makes its next report under this Part.

Remuneration and assistance for commission

11(5)       Council must

(a) remunerate or grant honoraria to members of the commission;

(b) provide advisers, clerks and assistants to the commission as may be required by the commission to discharge its duties; and

(c) pay all expenses reasonably incurred by the commission.

S.M. 2005, c. 27, s. 164.

Report of commission

12          The commission must prepare a report establishing boundaries and the name of each ward at the following times:

(a) in 2009;

(b) as soon as practicable after any alteration is made in the boundaries or area of the city;

(c) at such times as council may require, which shall be at least once every 10 years after the preceding report was prepared.

Population of city

13(1)       For the purpose of preparing a report under this Part, the commission must determine the population of the city by using the most recent census taken under the Statistics Act (Canada).

Criteria for boundaries

13(2)       Subject to subsection (3), each ward must have, as nearly as is reasonable, the same population and, in fixing the boundaries of a ward, the commission must consider

(a) the community or diversity of interests of the residents of the ward;

(b) the means of communication between the various parts of the ward;

(c) the physical features of the ward; and

(d) all other similar and relevant factors;

and, to the extent possible, must include the whole area of a historic community or neighbourhood in the same ward.

Variation in population base

13(3)       The commission may allow a variation of up to 25% more or less in the population of a ward where in its opinion the considerations mentioned in subsection (2) make the variation desirable.

Initial hearing

14(1)       Prior to preparing a draft report, the commission must give public notice of, and hold, a hearing at which it will hear submissions regarding the boundaries and names of the wards.

Preparation of draft report

14(2)       After holding the hearing under subsection (1), the commission must prepare and send to the city clerk a draft report respecting boundaries and names of the wards.

Notice of hearing on draft report

14(3)       Upon receiving a draft report under subsection (2), the city clerk must give public notice of a hearing at which the commission will hear submissions in respect of the report.

Publication of notices

14(4)       The public notices required under subsections (1) and (3) must each be published not less than twice in two newspapers.

Final report

14(5)       After completion of the hearing referred to in subsection (3), the commission must

(a) prepare its final report establishing the boundaries and the names of the wards; and

(b) send the report to the city clerk, who shall ensure that it is placed before council at its next meeting for its information.

Effect of report

14(6)       The boundaries and names of the wards as established in the final report prepared under subsection (5) become effective on the day before the last day for filing nominations for the first general election after the report is sent to the city clerk.

Changing names of wards

15(1)       Council may by by-law change the name of a ward.

Effect of alteration of wards on councillors

15(2)       Alteration of the boundaries of a ward or a change in the name of a ward does not affect the membership on, or the right to sit on or vote in, council of a councillor elected to represent the ward before its alteration.

PART 3

COUNCIL

DIVISION 1

COMPOSITION AND TERM OF OFFICE

Composition of council

16(1)       Council consists of an elected mayor and elected councillors.

Council a continuing body

16(2)       Council is deemed to continue to exist at all times despite any change in its membership and the council after an election may take up and carry on to completion all by-laws, reports, proceedings and matters begun, or under consideration, by the council before the election.

Changing number of wards

17(1)       Council may by by-law increase the number of wards specified in section 10 to an odd number greater than 15.

By-law applying to next general election

17(2)       If the by-law is passed 18 months or more before the next general election, it takes effect at the election.

By-law applying after next general election

17(3)       If the by-law is passed fewer than 18 months before the next general election, it takes effect at the second general election after the by-law is passed.

Public hearing required

17(4)       After council gives first reading to a proposed by-law under subsection (1), and before second reading,

(a) the city must give public notice that the executive policy committee of council will conduct a hearing respecting the proposed by-law; and

(b) the executive policy committee must conduct a hearing and submit its report respecting the proposed by-law to council.

Second reading of proposed by-law

17(5)       After receiving the report from the executive policy committee, council may

(a) proceed to give second reading to the by-law as originally proposed or with amendments; or

(b) reject the by-law.

By-law to be read at different meetings

17(6)       Second and third readings of a by-law changing the number of wards may not be given at any one meeting of council.

Requirement re ward boundaries commission

17(7)       A by-law passed under this section must require the ward boundaries commission to prepare a report establishing the boundaries and the names for the number of wards established in the by-law.

Term of office

18(1)       The mayor and each councillor elected at a general election hold office for a term of four years, commencing at  12 noon on the first Tuesday in November that follows the election and ending at 12 noon on the first Tuesday in November that follows the next general election.

Term after by-election

18(2)       An individual elected as mayor or as a councillor to fill a vacancy holds office from the day the senior election official declares the result of the election for the unexpired term of the mayor or councillor in whose office the vacancy occurred.

S.M. 2005, c. 27, s. 164.

DIVISION 2

ELECTIONS

General elections

19          A general election of members of council must be held on the fourth Wednesday of October, in 2002 and in each fourth year thereafter.

Election of mayor

20          The mayor must be elected by the voters of the city.

S.M. 2005, c. 27, s. 164.

Election of councillors

21          One councillor must be elected by the voters of each ward.

S.M. 2005, c. 27, s. 164.

22          Repealed.

S.M. 2005, c. 27, s. 164.

QUALIFICATIONS

Qualifications of candidates

23(1)       An individual is eligible to be nominated for, and elected as, a member of council at an election if the individual is

(a) a Canadian citizen;

(b) at least 18 years of age on the day of the election;

(c) a resident of the province;

(d) a voter; and

(e) not disqualified under this or any other Act.

Individuals disqualified

23(2)       The following individuals are disqualified from being nominated for, elected as or remaining as a member of council:

(a) a judge of the Court of Queen's Bench or The Court of Appeal;

(b) a provincial judge or justice of the peace;

(c) a member of the council of another municipality;

(d) a member of the Senate or House of Commons of Canada;

(e) an individual who has been convicted of an offence under this or any other Act and who has not paid any fine imposed on the individual for the offence.

S.M. 2005, c. 27, s. 164; S.M. 2008, c. 42, s. 99.

EMPLOYEES' RIGHTS IN ELECTIONS

Definitions

24(1)       In this section,

"affiliated body" does not include a committee, commission, board, association or other body described in clause (c) of the definition of "affiliated body" in section 1; (« organisme affilié »)

"employee" means an individual employed

(a) by the city; or

(b) by an affiliated body. (« employé »)

Employees rights in elections

24(2)       Subject to subsection (3), an employee may

(a) seek nomination as, and be, a candidate in a municipal, provincial or federal election and, if elected, serve; or

(b) support, speak or write on behalf of a candidate or a political party in an election, if in doing so the employee does not reveal any information or matter concerning the city or an affiliated body, or any information that the employee procures or that comes to the employee's knowledge solely because of the employment.

Statutory officers and certain employees excepted

24(3)       Subsection (2) does not apply to a statutory officer or to any other class or group of employees that may be designated by by-law.

Leave of absence for city election

24(4)       An employee who proposes to become a candidate for election as a member of council may apply to the chief administrative officer for the city, on or before the last day for the nomination of candidates in the election, for a leave of absence, and every such application must be granted.

Period of leave

24(5)       The leave of absence granted under subsection (4) to an employee in respect of an election must be

(a) for the period starting on the last day on which nomination papers may be filed in the election and ending not later than 90 days after the day when results of the election are officially declared; or

(b) for a part of that period;

as requested by the employee.

Candidate in other elections

24(6)       An employee who proposes to become a candidate for election as a member of the Legislative Assembly or the House of Commons may apply to the chief administrative officer for the city for a leave of absence for a period starting on the day the writ for the election is issued and ending

(a) where the employee is nominated as a candidate, not later than 90 days after the day when the results of the election are officially declared; and

(b) where the employee is not nominated as a candidate, not earlier than the day fixed by law for the nomination of candidates in the election;

or a part of that period, as requested by the employee, and every such application must be granted.

Nature of leave of absence

24(7)       A leave of absence applied for under subsection (4) or (6) must be granted

(a) where the employee is entitled to vacation with pay, and the employee so requests, as vacation leave with pay until the vacation leave with pay expires and thereafter as leave without pay; or

(b) as leave without pay.

Election to council

24(8)       An employee who is elected as a member of council must be placed on leave of absence without pay for a period starting on the day of the election and ending on the earlier of

(a) the day that is eight years and three months after the day of the election; and

(b) the day that is three months after the day the employee ceases to be a member of council.

Election as M.L.A. or M.P.

24(9)       An employee who is elected to the Legislative Assembly or the House of Commons may apply for a leave of absence without pay for a period starting on the day of the election and ending on the earlier of

(a) the day that is five years and four months after the day of the election; and

(b) the day that is three months after the employee ceases to be a member of the Legislative Assembly or House of Commons, as the case may be;

and every such application must be granted.

Reinstatement of defeated candidate

24(10)      An employee who has been granted a leave of absence under subsection (4) or (6) and who is not elected must, on application made to the chief administrative officer for the city before the leave ends, be reinstated in the position held by the employee immediately before the leave started.

Reinstatement of elected employee

24(11)      An employee who has been placed on or granted leave of absence under subsection (8) or (9) may, before the leave ends, apply to the chief administrative officer for the city to be reinstated and, if the employee is not a member of council, the employee must, within 60 days, be reinstated

(a) in the position held by the employee immediately before the leave started; or

(b) in a reasonably equivalent position.

Where no notice before end of leave

24(12)      Unless an employee who has been placed on or granted leave under subsection (8) or (9) notifies the chief administrative officer for the city in writing before the leave ends that the employee wishes to return to work at the end of the leave, the city is under no obligation to reinstate the employee at the end of the leave.

Rights during leave of absence

24(13)      Where an employee is placed on or granted a leave of absence under this section,

(a) the period of service before the leave starts, and the period of service after the leave ends, is deemed to be unbroken for all purposes; and

(b) for the purpose of determining seniority of the employee in relation to other employees, the period of the leave is deemed to be a period of service in the employment of the city.

Other benefits

24(14)      The rights of an employee to employee benefits during the period of a leave of absence under this section must be determined in accordance with the terms of the collective agreement or other agreement, or the policy of the city, under which the benefits are provided, and the period of the leave must be treated, for the purposes of qualification for a benefit, in accordance with the agreement or policy.

25 to 30    Repealed.

S.M. 2005, c. 27, s. 164.

CAMPAIGN EXPENSES AND CONTRIBUTIONS

Definitions

31(1)       In this section and in sections 32 to 46.1,

"campaign expense" means

(a) money spent or liabilities incurred, and

(b) the value of donations in kind accepted,

in respect of goods used or services provided, by or on behalf of, and with the knowledge and consent of, a registered candidate during a campaign period, for the purpose of an election, but does not include audit fees, or expenses relating to a recount in respect of the election; (« dépenses électorales »)

"campaign period" for an election means the period

(a) in a general election

(i) in the case of a candidate for mayor, beginning on May 1 in the year of the election and ending on March 31 of the year after the election, and

(ii) in the case of other candidates, beginning on June 30 in the year of the election and ending on March 31 of the year after the election, and

(b) in an election to fill a vacancy, beginning on the day when the senior election official receives the direction from the city clerk to hold the election and ending on the day that is 90 days after the election; (« période de campagne électorale »)

"contribution" means money paid or a donation in kind provided by a contributor to or for the benefit of a registered candidate, without compensation from the candidate; (« contribution »)

"donation in kind" means goods or services provided to or for the benefit of a registered candidate without compensation from the candidate, and includes

(a) services of an employee provided by an employer,

(b) goods produced or donated voluntarily by a contributor who is a commercial supplier of the goods, and

(c) services provided voluntarily by a contributor who is a commercial or occupational supplier of the services,

but does not include

(d) money,

(e) goods produced or donated voluntarily, other than in clause (b), or

(f) services provided voluntarily, other than in clause (c); (« don en nature »)

"financial institution" means a bank, credit union, trust company or other similar institution; (« établissement financier »)

"organization" includes

(a) a trade union, a partnership and an unincorporated association,

(b) a political party registered under the Canada Elections Act, or a constituency association of such a party, and

(c) a political party registered under The Elections Finances Act, or a constituency association of such a party; (« organisation »)

"registered candidate" means a candidate registered under section 32. (« candidat inscrit »)

Value of donation in kind

31(2)       The value of a donation in kind is

(a) the fair market value of the goods or services at the time of the donation; or

(b) where the donation in kind is services of an employee provided by an employer, the cost to the employer of the salary or wages of the employee whose services are provided for the period during which the services are provided.

S.M. 2009, c. 35, s. 17.

Registration of prospective candidates

32(1)       The senior election official shall register an individual who proposes to be a candidate in an election if

(a) during the campaign period for the election and before nominations close, the individual applies for registration in a form approved by the senior election official

(i) containing the name and address of the candidate, the candidate's official agent, the candidate's auditor and any financial institution in which accounts are to be used by or on behalf of the candidate for the purpose of the election campaign, and the numbers of every such account,

(ii) accompanied by statements signed by the candidate's official agent and the candidate's auditor in which they consent to act in those capacities, and

(iii) containing any other information required by the senior election official; and

(b) the senior election official is satisfied that the individual is eligible to be nominated in the election.

Report of change in information

32(2)       Where any of the information provided by a registered candidate on an application under subsection (1) changes for any reason, the candidate must immediately notify the senior election official in writing of the change.

S.M. 2005, c. 27, s. 164.

Registered candidate entitled to copy of voters list

32.1        The senior election official must give a registered candidate, on request, a copy of the voters list. The senior election official may determine the form in which the list is given.

S.M. 2005, c. 27, s. 164.

No contribution, expenses or borrowing until registered

33          No individual, other than a registered candidate, and no person acting on the individual's behalf, shall, for the purpose of electing the individual,

(a) solicit or accept a contribution;

(b) borrow money; or

(c) incur an expense.

S.M. 2009, c. 35, s. 18.

Only individual residents may contribute

33.1(1)     No person or organization other than an individual normally resident in Manitoba shall make a contribution to a registered candidate.

Limit on contributions by individuals

33.1(2)     No individual shall make contributions that exceed

(a) $1,500. to a registered candidate who is a candidate for the office of mayor; or

(b) $750. to a registered candidate who is a candidate for the office of councillor.

Prohibited contributions not to be accepted

33.1(3)     A registered candidate in an election shall not

(a) solicit or accept a contribution from

(i) a person who is not an individual normally resident in Manitoba, or

(ii) an organization;

(b) solicit or knowingly accept a contribution that exceeds the limits established in subsection (2); or

(c) incur campaign expenses in respect of the election in excess of the limit prescribed in a by-law passed under clause 34(b).

Return of contribution

33.1(4)     On learning of any contribution accepted by or on behalf of a registered candidate contrary to this Act, the candidate's official agent shall immediately return to the contributor

(a) the contribution; or

(b) the amount of money equal to the value of the contribution.

S.M. 2009, c. 35, s. 18.

Candidate's personal contributions

33.2(1)     A registered candidate may make a contribution

(a) to his or her own election campaign; or

(b) to the election campaign of another registered candidate.

Limit applies to contributions of candidate

33.2(2)     For certainty, the limit to the contributions established in subsection 33.1(2) applies to the contributions made by a registered candidate.

S.M. 2009, c. 35, s. 18.

Loans only from financial institutions

33.3(1)     A registered candidate shall not solicit or accept a loan for the purposes of an election, except from a financial institution.

Prohibition making loan

33.3(2)     No person or organization, other than a financial institution, shall make a loan to a registered candidate for the purposes of an election.

Loans to registered candidates

33.3(3)     A loan made by a financial institution to a registered candidate is not a contribution.

Loan must be paid into campaign account

33.3(4)     A registered candidate shall ensure that a loan received from a financial institution is paid directly into an account that is listed in the application of the candidate to be registered.

Loan payments must be made from campaign account

33.3(5)     Payments on a loan made to a registered candidate must be made from an account that is listed in the application of the candidate to be registered.

Loan payments made in different manner

33.3(6)     A payment on a loan made to a registered candidate that is not made from an account that is listed in the application of the candidate to be registered is a contribution to the candidate made by the person or organization that made the payment.

S.M. 2009, c. 35, s. 18.

No loans from registered candidates to others

33.4        A registered candidate shall not lend money raised for the purposes of an election to another person or to any organization.

S.M. 2009, c. 35, s. 18.

By-law on expenses and contributions

34          Council must pass a by-law, not inconsistent with The Municipal Council Conflict of Interest Act,

(a) repealed, S.M. 2009, c. 35, s. 19;

(b) prescribing the limit to campaign expenses that may be incurred by a registered candidate for mayor and by a registered candidate for councillor;

(c) setting the value of a contribution in respect of which the name and address of the contributor need not be recorded under clause 35(1)(b);

(d) prescribing the manner in which registered candidates must keep records of contributions received and campaign expenses incurred by them;

(e) prescribing the content, in addition to the information required under subsection 35(1), of audited statements required to be filed by registered candidates under that subsection;

(f) designating an individual

(i) to assist registered candidates to comply with the by-law and provisions of this Act relating to campaign expenses and contributions,

(ii) to examine audited statements filed by candidates, and

(iii) to obtain such information as the individual considers necessary for the purpose of making a report to council on matters set out in the by-law and on any apparent failure of a candidate to comply with the by-law or the provisions of this Act relating to campaign expenses and contributions;

(g) prescribing forms for the purposes of the by-law;

(h) prescribing the portion of income from a fund-raising event that is deemed to be a contribution, and the portion that is deemed to be campaign expenses; and

(i) providing that, if the individual designated under clause (f) finds an audited statement filed by a candidate to be incorrect or incomplete and notifies the candidate in writing of the finding, the candidate is required, not later than a day prescribed in the by-law and specified in the notice, to file with that individual a further audited statement containing the information required under subsection 35(1) or by a provision, authorized under clause (e), of the by-law.

S.M. 2009, c. 35, s. 19.

Candidate to file audited statement

35(1)       Each registered candidate in an election must file with the individual designated in a by-law passed under clause 34(f) an audited statement that contains the following information in respect of the campaign period of the election:

(a) all contributions received and expenses incurred by the candidate;

(b) the name, address and the contribution of each contributor who makes to the candidate a contribution of more than the amount specified in a by-law passed under clause 34(c);

(c) an itemized list of campaign expenses incurred by the candidate;

(d) the contributions and expenses relating to each fund-raising event, in accordance with apportioning prescribed in a by-law passed under clause 34(h);

(e) particulars of any loan made to the candidate for the purpose of the election campaign, including the name of the financial institution that made the loan, the principal amount of the loan, the interest rate on the loan and the terms of repayment.

Time for filing statement

35(2)       An audited statement required under subsection (1) to be filed by a registered candidate in an election must be filed,

(a) if the candidate is nominated in the election and does not withdraw, not later than the day that is 210 days after the election; and

(b) if the candidate is not nominated in the election or is nominated and withdraws, not later than the day that is 60 days after the election.

S.M. 2009, c. 35, s. 20.

Appointment and qualifications of auditor

36          An audited statement required under subsection 35(1) must be prepared by an auditor

(a) who is appointed by the candidate as his or her auditor;

(b) who is entitled to practise as an accountant under The Chartered Accountants Act, The Certified General Accountants Act or The Society of Management Accountants of Manitoba Incorporation Act; and

(c) who is not involved in the election as an election official, as defined in section 1 of The Municipal Councils and School Boards Elections Act, candidate or official agent, or in raising funds for a registered candidate, and who certifies to that effect.

S.M. 2005, c. 27, s. 164.

Duties of official agent

37          The official agent named in the application for registration of a candidate in an election is responsible for receiving all contributions made to or for the benefit of the candidate and authorizing all campaign expenses of the candidate, and for ensuring that

(a) proper records are kept of the contributions and campaign expenses;

(b) the contributions that are not donations in kind are deposited in an account that is

(i) listed in the application of the candidate for registration, and

(ii) used only for the purpose of the election campaign of the candidate;

(c) proper receipts for all the contributions are issued and given or sent to the contributors who made them;

(d) the audited statement required under subsection 35(1) to be filed by the candidate is prepared;

(e) all financial records relating to the election campaign of the candidate are retained for not less than two years after the election and made available on request to the individual designated in the by-law passed under section 34;

(f) all payments relating to or arising out of the campaign are made only by cheque drawn on such an account;

(g) all contributions that are made anonymously are not used or spent in the campaign but are paid over to the senior election official to become part of the general funds of the city; and

(h) any contribution accepted by or on behalf of the candidate that is contrary to this Act is returned to the contributor in accordance with subsection 33.1(4).

S.M. 2005, c. 27, s. 164; S.M. 2009, c. 35, s. 21.

Candidate to issue receipts

38          A registered candidate shall issue a receipt for each contribution accepted by or for the benefit of the candidate.

39 and 40   Repealed.

S.M. 2009, c. 35, s. 22.

Claims for election expenses

41          A person who has a claim against a registered candidate in an election for payment in relation to the election must submit the claim in writing to the candidate within 30 days after the election day in the election.

42          Repealed.

S.M. 2009, c. 35, s. 22.

Surplus payable to city

43(1)       Where the audited statement filed under subsection 35(1) by a registered candidate in an election shows a surplus of funds, the official agent of the candidate must immediately pay the surplus to the city which must hold it in trust on behalf of the candidate for use by the candidate in the next general election.

Release of surplus

43(2)       The city must not release money held under subsection (1) in trust on behalf of an individual who was a registered candidate in an election until the individual is registered under subsection 32(1) (registration of candidates) for the next general election, and if the individual

(a) advises the senior election official in writing that the individual will not seek nomination;

(b) is not nominated; or

(c) is not registered under subsection 32(1) as a candidate;

in the next general election, the money must be paid into the general funds of the city.

S.M. 2005, c. 27, s. 164.

Failure by elected candidate to file statement

44(1)       Where a registered candidate who is elected in an election fails to file an audited statement before the day that is 210 days after the election as required under section 35, the individual designated in a by-law passed under section 34 shall send a written report of the failure to the presiding officer of council, who must place the report before council at its next meeting and, until the audited statement is filed with the individual so designated, the candidate must not sit on council.

Forfeiture of seat

44(2)       Every registered candidate elected in an election forfeits his or her seat on council if the candidate fails to file the audited statement required under section 35 before the day that is 270 days after the election.

Failure of other registered candidates to file

44(3)       Where an individual who is registered as a candidate in an election and who fails to be nominated, withdraws, or is not elected in the election, fails to file an audited statement in compliance with section 35, the individual is disqualified from being nominated for or elected as a member of council until after the next general election.

S.M. 2009, c. 35, s. 23.

Offence and penalty

45(1)       Every person who contravenes or fails to comply with any of sections 33, 33.1 and 33.3 to 43, or the by-law passed under section 34, is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000.

Time limits on prosecution

45(2)       Despite The Summary Convictions Act, a prosecution under this section may be commenced at any time within six months after the day the individual designated in the by-law passed under section 34 becomes aware of the failure, but such a prosecution may not be commenced more than two years after the day of the alleged offence was committed.

S.M. 2009, c. 35, s. 24.

TAX CREDIT AND REBATE PROGRAMS

By-law establishing tax credits or rebates for contributions

46(1)       The council may by by-law establish a program that, subject to regulations made under subsection (3), entitles a contributor of a contribution made to a registered candidate during a campaign period

(a) to a credit, of an amount equal to part of the contribution, against taxes that are imposed by the city and that are payable by the contributor; or

(b) to a rebate of part of the contribution.

Contents of by-law

46(2)       A by-law under subsection (1) may, without limiting the generality of that subsection,

(a) specify the taxes against which there may be a credit;

(b) provide for the amount, or the means of determining the amount, of the credit or rebate of contribution;

(c) establish a maximum credit for contributions, or a maximum rebate of contributions, made by a contributor to all candidates in an election;

(d) impose terms and conditions on the entitlement to the credit or rebate; and

(e) provide for any other matter respecting the credits and rebates that the council considers necessary or advisable.

Regulations by L.G. in C.

46(3)       The Lieutenant Governor in Council may make regulations respecting a program established by by-law under subsection (1).

S.M. 2009, c. 35, s. 26.

CAMPAIGN EXPENSE REIMBURSEMENT PROGRAM

By-law establishing reimbursement of campaign expenses

46.1(1)     The council may by by-law establish a program that entitles a candidate to reimbursement of his or her campaign expenses.

Contents of by-law

46.1(2)     A by-law under subsection (1) may, without limiting the generality of that subsection,

(a) establish the campaign expenses that are eligible for reimbursement;

(b) provide for the amount, or the means of determining the amount, of reimbursement of campaign expenses;

(c) impose terms and conditions on the entitlement to reimbursement; and

(d) provide for any other matter respecting reimbursement of campaign expenses that the council considers necessary or advisable.

S.M. 2009, c. 35, s. 27.

FORFEITURE OF SEAT

Forfeiture of seat

47(1)       A member of council forfeits the member's seat on council if the member

(a) is convicted of an offence

(i) punishable by imprisonment for five or more years,

(ii) under section 122 (breach of trust by public officer), 123 (municipal corruption), 124 (selling or purchasing office), or 125 (influencing or negotiating appointments or dealing in offices) of the Criminal Code (Canada),

(iii) under section 496 (unauthorized expenditures), or

(iv)  under a by-law passed under clause 74(a), if the by-law provides that the penalty for being convicted of the offence is forfeiture of the member's seat on council;

(b) is nominated to be elected as a member of the Legislative Assembly;

(c) fails to attend three consecutive regular meetings of council, unless the absences are authorized by a resolution of council passed before or at one of those meetings;

(d) becomes, under this Act or The Municipal Council Conflict of Interest Act, disqualified from being elected as, or from being or remaining, a member of council;

(e) when nominated for, or elected as, a member of council, was not eligible, because of this or any other Act, to be a candidate for election as a member;

(f) ceases to meet the qualifications set out in subsection 23(1) (qualifications of candidates); or

(g) acts as a barrister or solicitor, or is a partner or associate of an individual who is acting as a barrister or solicitor, in any proceeding against the city.

Nomination of M.L.A. to council

47(2)       A member of the Legislative Assembly who is nominated to be elected as a member of council forfeits his or her seat in the Assembly.

Vacating seat

47(3)       Where, under subsection (1) or subsection 44(2), a member of council forfeits a seat on council, the member must vacate the seat and promptly notify the city clerk in writing of the forfeiture and the reason.

Proceedings to unseat member

47(4)       Where a member of council forfeits a seat on council and does not immediately comply with subsection (3), an application for a declaration that the member's seat has been forfeited and is vacant may be made to the Court of Queen's Bench by the city, at the direction of council, or by 10 or more inhabitants, and the court may

(a) declare the member to be disqualified and the member's seat on council to be vacant; or

(b) dismiss the application.

Eligibility at next election

48(1)       Where a member of council forfeits a seat on council for any reason, the member is not eligible to be nominated for, or elected as, a member of council before the next general election.

No stay

48(2)       Where a disqualification under subsection 47(4) is appealed, no stay of the decision pending the determination of the appeal may be granted.

Reinstatement on appeal

48(3)       Where a disqualification under subsection 47(4) is set aside on appeal, the court hearing the appeal may reinstate the individual as a member of council for any unexpired portion of the term of office for which the individual was elected and order that any other individual who has been elected to fill the balance of the term must vacate the office.

RESIGNATIONS AND FILLING VACANCIES

Resignation

49           A member of council may resign from council by delivering a written resignation, dated and signed by the member, to the city clerk, and the resignation takes effect when it is received by the clerk, unless a later effective day is specified in the resignation.

Direction to senior election official to hold election

50(1)       Subject to subsections (2) and (3), when the office of a member of council becomes vacant for any reason, the city clerk must immediately direct the senior election official to hold an election to fill the vacancy.

Vacancy near end of term of councillor

50(2)       Where the office of a councillor becomes vacant in the last 12 months of the councillor's term of office, council may resolve not to hold an election to fill the vacancy for the balance of the term.

Vacancy near end of term of mayor

50(3)       Where the office of the mayor becomes vacant in the last 12 months of the mayor's term of office, no election shall be held to fill the vacancy for the balance of the term, but the deputy mayor, or in the absence of the deputy mayor, the acting deputy mayor, must perform the duties and functions, and exercise the power and authority, of the mayor.

S.M. 2005, c. 27, s. 164.

By-election to fill vacancy

51          The senior election official must hold a by-election upon being directed to do so by the clerk. Election day for the by-election must be as soon as reasonably practicable, but in fixing the day the senior election official must consider

(a) voter participation; and

(b) availability of persons to serve as election officials, and facilities to be used as voting places.

S.M. 2005, c. 27, s. 164.

DIVISION 3

DUTIES AND POWERS

DECLARATION OF OFFICE

Declaration to be made and filed

52          Before entering the duties of their offices, the mayor and each councillor must make, and file with the city clerk, a declaration as follows:

I,    (name)   , do solemnly promise and declare that I will truly, faithfully and impartially, to the best of my knowledge and ability, execute the office to which I have been elected, and that I have not received and will not receive any payment or reward, or promise of payment or reward, for the exercise of partiality, corruption or other improper execution of the office.

DELEGATION

Restriction on delegation by council

53(1)       Council must not delegate

(a) its authority to enact a by-law or to exercise or perform any power, duty or function that by this or any other Act it is required to exercise or perform by by-law;

(b) its authority to approve an operating or capital budget;

(c) its authority to appoint, suspend or dismiss a statutory officer; or

(d) its authority to enter into a collective agreement in respect of employees.

Authority of council after delegation

53(2)       Where council delegates a power, duty or function, council may continue to exercise the power or perform the duty or function.

BY-LAWS AND RESOLUTIONS

How council may act

54(1)       Council may act only by by-law or resolution.

Where by-law required

54(2)       Where council is expressly required or authorized, whether under this or any other Act or under a by-law, to do something by by-law, it may do it only by by-law.

Where resolution authorized

54(3)       Where council is required or authorized under this or any other Act or under a by-law to do something without specifying that it be done by by-law, council may do it by resolution.

Where by-law used instead of resolution

54(4)       Anything council does by by-law that may be done by resolution is not invalid because council does it by by-law.

Three readings of by-laws

55(1)       Except as otherwise provided in this Act,

(a) each by-law of the city must have three separate readings at meetings of council;

(b) each reading must be put to a vote before it becomes effective; and

(c) a by-law may be amended at any of the readings.

Readings at one meeting

55(2)       Not more than two readings of any by-law may be given at any one meeting of council unless, by a vote of 2/3 of all members of council, this requirement is suspended in respect of the by-law.

Text of proposed by-law before first reading

55(3)       Each member of council present at a meeting of council at which first reading of a proposed by-law is to occur must be given, or have had, the opportunity to review the full text of the by-law before it receives first reading.

Text available before third reading

55(4)       Each member of council present at a meeting of council at which third reading of a proposed by-law is to occur must be given, or have had, the opportunity to review the full text of the by-law and any amendments to it passed after first reading, before it receives third reading.

Procedure at readings

55(5)       Only the title to a proposed by-law or an identifying number must be read at each reading of a proposed by-law.

CONSOLIDATION OF BY-LAWS

Authority for consolidation of by-laws

56(1)       Council may authorize a designated employee to consolidate a by-law.

Duties and powers of designated employee

56(2)       In consolidating a by-law the designated employee shall

(a) incorporate all amendments to the by-law; and

(b) omit any provision that has been repealed, is spent or has expired.

Adoption of consolidated by-law

56(3)       Council may by resolution adopt a by-law consolidated under this section.

Judicial notice provision applies

56(4)       Subsection 501(5) (judicial notice) applies to a by-law consolidated under this section.

MAYOR

Mayor as head of council

57          The mayor is the head of council and chief officer of the city.

Mayor as ex officio member of committees

58          The mayor is ex officio a member of every committee of council.

Mayor's appointments

59(1)       At the first meeting of council after a general election, the mayor must appoint

(a) a deputy mayor;

(b) an acting deputy mayor;

(c) the chairpersons for the standing committees of council, if such committees are established by council; and

(d) members of the executive policy committee of council under clause 61(1)(c), if any.

Other appointments

59(2)       The mayor or the mayor's designate must appoint members of council to serve as chairpersons or members of

(a) subcommittees of standing committees if such subcommittees are established by council; and

(b) committees of council other than standing committees.

Vacancy in executive policy committee

59(3)       Where a vacancy in the membership of executive policy committee occurs, the mayor must fill the vacancy as soon as is practicable.

Terminating or altering appointments

59(4)       If the mayor appoints a councillor to a position, the mayor may at any time terminate the appointment or replace the councillor with another.

Duties of deputy mayor

59(5)       Where the mayor is absent or unavailable for any reason, the deputy mayor must perform the duties and functions, and may exercise the powers, of the mayor, including those under section 58 (ex officio member of committees).

Duties of acting deputy mayor

59(6)       Where the mayor and the deputy mayor are both absent or unavailable for any reason, the acting deputy mayor shall perform the duties and functions, and may exercise the powers, of the mayor, including those under section 58 (ex officio member of committees).

Suspension of by-law or resolution

60          Where, at a meeting of council,

(a) the rules of council are suspended for the purpose of giving both second and third readings to a by-law at that meeting;

(b) a resolution is adopted or passed by council without notice of the resolution having been given in accordance with the by-law governing procedures of council; or

(c) council adopts or passes a by-law or resolution in which, in the mayor's opinion, there is an error or omission;

the mayor may, at any time within 48 hours after the end of the meeting, suspend the implementation of the by-law or resolution by giving written notice to the clerk, and thereupon the by-law or resolution has no force or effect unless a majority of the members of council present at a later meeting of council overrules the suspension.

EXECUTIVE POLICY COMMITTEE AND OTHER COMMITTEES

Executive policy committee established

61(1)       There shall be an executive policy committee of council composed of

(a) the mayor, who is the chairperson of the committee;

(b) the chairpersons of the standing committees of council, if any such committees are established; and

(c) any other members of council appointed by the mayor.

Size of executive policy committee

61(2)       The mayor shall determine the number of members of the executive policy committee of council, but the number of members must be less than 50% of the total number of members of council.

Duties of executive policy committee

62(1)       The executive policy committee of council must

(a) formulate and present recommendations to council respecting policies, plans, budgets, by-laws and other matters that affect the city as a whole;

(b) ensure the implementation of policies adopted by council;

(c) recommend to council

(i) individuals for appointment as statutory officers, and

(ii) where necessary or appropriate, the suspension or dismissal of statutory officers;

(d) supervise the chief administrative officer;

(e) except as otherwise determined by council, co-ordinate the work of committees of council; and

(f) except as otherwise determined by council, receive the reports of other committees of council and forward them to council with its own recommendations.

Subcommittees of executive policy committee

62(2)       The executive policy committee of council may establish a subcommittee to investigate and report on a matter within its responsibility, and if such a subcommittee is established, the mayor must appoint its members and chairperson.

Establishment of standing committees

63(1)       Council may by by-law establish standing committees of council and determine their respective duties and powers.

Members of standing committee

63(2)       Where a standing committee of council is established,

(a) the number of its members must be determined by council; and

(b) subject to subsection 59(1) (appointments by mayor), its members must be appointed by council

(i) at the first or second meeting of council after a general election, and

(ii) at a meeting in November of each year in which there is no general election.

Subcommittees of standing committees

63(3)       Council or a standing committee of council may establish a subcommittee of the standing committee to investigate and report on a matter within the responsibility of the standing committee.

Composition of subcommittee

63(4)       The members and chairperson of a subcommittee of a standing committee of council must be appointed

(a) by the standing committee, where the subcommittee is established by the standing committee; and

(b) by the mayor or the mayor's designate, where the subcommittee is established by council.

Establishing other committees

64          Council may establish other committees of council.

Delegation to committees

65          Subject to subsection 53(1) (restriction on delegation), council may delegate a power, duty or function of council to a committee of council.

Committee process

66          Subject to the by-law governing procedures of council and committees of council, a committee of council may establish such processes as it considers necessary and advisable

(a) to conduct or perform the power, duty or function delegated to it under section 65; and

(b) to facilitate public consultation in the matters referred to it.

PRESIDING OFFICER

Appointment of presiding officer

67(1)       At the first meeting of council after a general election, and in November of each year in which there is no general election, council must appoint councillors who are not members of the executive policy committee to be the presiding officer and the deputy presiding officer.

Mayor to chair first meeting

67(2)       The mayor must chair the first meeting of council after a general election until a presiding officer is appointed.

Duties of presiding officer

67(3)       At each meeting of council, the presiding officer must

(a) chair the meeting;

(b) maintain order and decorum; and

(c) decide questions of order, subject to appeal to the council.

Absence of presiding officer

67(4)       When the presiding officer is absent or unable to act for any reason, the deputy presiding officer has the powers, duties and functions of the presiding officer.

Acting presiding officer

67(5)       If the presiding officer and the deputy presiding officer are absent from a meeting of council, the members of council present at the meeting must appoint one of their number to be an acting presiding officer to chair the meeting until the presiding officer or deputy presiding officer attend, and the acting presiding officer, while so acting, has the powers, duties and functions of the presiding officer.

Participation in debates

67(6)       The presiding officer may at any time leave the chair and participate in a debate of council, and the deputy presiding officer must chair the meeting until the presiding officer returns to the chair.

DIVISION 4

MEETINGS OF COUNCIL AND ITS COMMITTEES

First meeting of a council

68(1)       The first meeting of each newly elected council must be held on the first Tuesday in November after the general election at which they were elected, at the place of the last meeting of the previous council.

Regular meetings of council

68(2)       Meetings of council after the meeting required under subsection (1) must be held on the days, and at the times and places, that council determines.

Effect of meeting not taking place

68(3)       Council is not dissolved by reason of any meeting of council not taking place.

Adjournment

69          A meeting of council at which a quorum is present may be adjourned by the council to another hour of the same day or to the next day without giving notice of the adjournment to members of the council who are not present, but notice of an adjournment beyond the next day must be given to all the members in the same manner as notice of a special meeting of council.

Minutes

70          Council and all committees of council must cause minutes of their meetings to be kept.

Quorum

71          At meetings of council, a majority of the total number of members of council is needed to constitute a quorum, and at meetings of committees of council and their subcommittees, a majority of the members of the committee or subcommittee, as the case may be, is needed to constitute a quorum.

Decisions by majority

72(1)       All acts authorized or required by this Act to be done by council or a committee of council, and all questions and motions that are raised in a meeting of council, or of a committee of council or a subcommittee thereof, must, except where otherwise provided by this Act or a by-law passed under subsection 73(1), be decided by a majority of the members of council, or the committee or subcommittee, as the case may be, who are present at the meeting.

Tie votes

72(2)       At a meeting of council, or of a committee of council or a subcommittee thereof, a question or motion on which there is a tie vote is deemed to be decided in the negative.

Number of votes required may be increased

73(1)       Council may by by-law prescribe categories of matters that require more than a majority decision of the total number of members of council, members of a committee of council, or members of a subcommittee of a committee of council. The by-law must specify a percentage of votes required for a decision on those matters.

Review of by-law in fourth year

73(2)       A by-law passed under subsection (1) expires four years after the day it is passed unless in the fourth year council, by resolution, approves its continuation.

Procedures by-law

74          Council may by by-law establish rules governing

(a) the procedure and conduct of council, council committees, subcommittees and other bodies established by the council, the conduct of members of council and the conduct of members of council committees and other bodies established by the council; and

(b) the circumstances under which meetings of council, or of its committees or subcommittees, may be conducted by means of electronic or other communication devices as permitted under section 81 (use of communication devices).

Open meetings

75(1)       Subject to section 76, all meetings of council and committees of council and their subcommittees must be open to the public, and no individual may be excluded except for disorderly or disruptive conduct.

Expulsion for disorderly conduct

75(2)       Any individual whose behaviour at a meeting of council, or of a committee of council or its subcommittee, is disorderly or disruptive may be expelled or excluded from the meeting by the presiding officer of council or the chairperson of the committee or subcommittee, as the case may be.

Reports etc. available to members

75(3)       A report, an agenda or the minutes of a meeting of a committee of council must be made available to a member of council on the request of the member to the city clerk.

By-law re in camera consideration

76(1)       Council may by by-law specify categories of matters that may be considered at in camera meetings of council or a committee of council or a subcommittee thereof.

In camera consideration

76(2)       A matter to be considered at a meeting of council, or a committee of council or a subcommittee thereof may be considered in camera where, in the opinion of not less than 2/3 of the total number of members of council or the committee or subcommittee thereof, as the case may be,

(a) the matter comes within a category specified in a by-law passed under subsection (1); and

(b) the matter should be considered in camera.

Record of in camera decision in minutes

76(3)       Where a matter is considered in camera at a meeting of council or a committee of council or a subcommittee thereof, the reasons for considering the matter in camera must be recorded in the minutes of the meeting.

Voting obligatory

77(1)       When a question or motion is put to a vote at a meeting of council, every member of council present must vote on the question or motion unless the member

(a) is excused from voting by a majority of the other members present;

(b) is prohibited from voting by this Act or The Municipal Council Conflict of Interest Act; or

(c) has, under the general law, a conflict of interest in respect of the question or motion.

Voting to be open

77(2)       Subject to section 76, every vote at a meeting of council or a committee of council must be taken by open voting, and, if requested by a member, the vote of each member present must be recorded in the minutes of the meeting.

Council seminars

78(1)       The provisions of this Division do not apply to seminars convened by some or all members of council or a committee of council for the purpose of receiving information or discussing policies and other matters that affect the city.

Convened members of council

78(2)       Members of council convened as provided for under subsection (1) may not pass a by-law or resolution.

SPECIAL MEETINGS

Special meetings of council

79(1)       A special meeting of council

(a) may be called when the mayor considers it appropriate to do so; and

(b) must be called if the city clerk receives a written request from the majority of the total number of members of council stating the purpose of the meeting.

Notice of special meeting

79(2)       A notice of a special meeting of council must be given in accordance with the by-law governing procedures.

Effect of failure to notify

79(3)       A special meeting of council must not be held in the absence of a member unless the member has been given notice of the meeting in accordance with the by-law governing procedure.

Agenda at special meeting

79(4)       At a special meeting of council, only matters that were mentioned in the notice of the meeting may be considered.

EMERGENCY MEETINGS

Emergency meetings

80(1)       Where in the opinion of the mayor an emergency exists, the mayor may convene an emergency meeting of council on such notice to the members as the mayor considers reasonable in the circumstances.

Place of emergency meeting

80(2)       The mayor may decide where an emergency meeting of council is to be held.

Agenda of emergency meeting

80(3)       At an emergency meeting of council, only matters that arise out of or are incidental to the emergency may be considered.

USE OF COMMUNICATION DEVICES

Meeting through communication devices

81(1)       Council may, in circumstances under which it is permitted by by-law to do so, conduct a meeting by means of electronic or other communication devices if the devices enable the members to hear and speak to each other and the public to hear the members.

Participating member deemed present

81(2)       A member of council who participates in a meeting of council conducted by means of communication devices is deemed to be present at the meeting.

Meetings of committees

81(3)       Where council has provided for a meeting of a committee of council or a subcommittee thereof to be conducted by means of electronic or other communication devices, subsections (1) and (2) apply, with necessary changes, to the meeting and to members of the committee or subcommittee.

DIVISION 5

HEARING BODIES FOR APPEALS

Establishment of hearing bodies for appeals

82          Council may by by-law establish one or more hearing bodies to hold hearings in respect of appeals under section 189.

By-law respecting hearing body

83(1)       A by-law establishing a hearing body must provide for

(a) the designation of a member of the body as chairperson, and another member as vice-chairperson, of the body;

(b) payment to members who are not councillors or employees of remuneration and expenses incurred in the performance of their duties as members of the body;

(c) rules of practice and procedure for the body; and

(d) such other matters as council considers necessary or advisable.

Composition of hearing bodies for appeals

83(2)       A hearing body must be composed of at least three persons appointed by council, and may consist

(a) entirely of members of council;

(b) of a combination of members of council and other persons; or

(c) entirely of persons who are not members of council.

Criteria for membership

83(3)       Council may establish different eligibility requirements for members of different hearing bodies.

Panels

83(4)       A by-law under subsection (1) may provide that a hearing body may sit in panels of at least three members of the body selected by the chairperson.

Powers of panels

83(5)       If panels are provided for, a panel of a hearing body has all the powers of the hearing body and

(a) a hearing by a panel is a hearing by the body; and

(b) a decision of a panel is a decision of the body.

DIVISION 6

COMPENSATION

Setting indemnity and expenses

84(1)       Council may, by by-law, determine the types, rates, amounts and conditions of payments that may be made to or on behalf of members of council

(a) as an annual indemnity;

(b) as additional indemnities for holding certain positions on council or committees of council;

(c) for expenses incurred by members in the discharge of their duties and functions as members of council;

(d) for any other purpose relating to the discharge of their duties and functions that council considers appropriate;

(e) as contributions for pensions for the members; or

(f) under group insurance plans providing benefits for the members and their dependants.

Portion of indemnity may be deemed expense

84(2)       Council may, by by-law, provide that where a member of council is paid an indemnity by the city, 1/3 of the indemnity is deemed to be for expenses related to the discharge of the member's duties as a member of council.

Members may accept payments

84(3)       Members of council may be paid and may accept any payments made in accordance with a by-law passed under subsection (1).

Pensions

85(1)       Council may, by by-law, establish, maintain and regulate pensions for members of council.

Contracts for pensions and insurance

85(2)       The city may enter into contracts respecting pensions and group insurance benefits for members of council and their dependants.

Members not employees

86          For the purposes of any pension plan for members of council or for employees, and for the purposes of The Pension Benefits Act, members of council are not employees of the city.

Review of indemnities and expenses

87          Council may

(a) appoint an independent review board to review the indemnities and benefits provided to members of council under this Division; and

(b) provide for paying the costs of the review board.

PART 4

ADMINISTRATION

DIVISION 1

STRUCTURE

Administrative structure of the city

88(1)       Council must establish and maintain the administrative structure for the city.

Delegation to employees

88(2)       Subject to subsection 53(1) (restriction of delegation), council may delegate any of its administrative powers, duties or functions to an employee.

Delegation by employees

88(3)       An employee may delegate to another employee any power, duty or function given or delegated to the particular employee under this or any other Act, or under a by-law, unless this Act or a by-law prohibits the delegation.

EMPLOYEES

Conditions of employment

89(1)       Council must establish

(a) classifications and standards for employees;

(b) rates of remuneration, and the nature and amounts of benefits, for employees; and

(c) conditions of employment and codes of conduct for employees.

Change of titles to positions

89(2)       Council may change the title of any officer or employee of the city, and where in any provision of this Act or a by-law there is a reference to the title of a position the title of which was changed by council, the reference is deemed to be a reference to the title as so changed.

EMPLOYEE PENSION PLAN

Pension plan by-laws

90(1)       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 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 for the purpose of establishing and maintaining the funds for the plans, and may guarantee the solvency of the plans.

Benefit boards and committees

90(2)       A by-law passed under subsection (1) may provide for

(a) the establishment of benefit boards and committees to operate and administer the pensions or group insurance;

(b) the selection or appointment of members and officers of the benefit boards and committees and their terms of office;

(c) the powers and duties of the benefit boards and committees;

(d) the payment of the expenses of members and officers of the benefit boards and committees and remuneration to some or all of them;

(e) procedures to govern the conduct of the business of the benefit boards and committees;

(f) the manner in which the boards and committees must keep accounts in respect of the pensions and group insurance; and

(g) such other matters as council considers necessary or advisable for the proper administration of the pensions and group insurance.

Composition of benefit boards

90(3)       Each benefit board must be composed of

(a) individuals selected as members of the board by employees entitled to the pensions or group insurance administered by the board, in such number as may be fixed by by-law;

(b) an equal number of individuals appointed by council; and

(c) a designated employee.

Investment committees

90(4)       Council may, by by-law, provide for the establishment of an investment committee for a benefit board to exercise powers and perform duties and functions in respect of a benefit board as provided in the by-law, and each such investment committee must be composed of

(a) two individuals appointed by the selected members of the benefit board; and

(b) four individuals appointed by council, at least three of whom must be chosen for their experience in investing.

Combination of funds for investment

90(5)       A benefit board established by a by-law passed under subsection (1) may combine any funds that it administers with the funds of another such benefit board for the purpose of investment 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

(c) accounts are kept to show the share of each benefit board in the combined fund.

Admission into pension plan

91(1)       The city shall pass by-laws to maintain pension plans in existence in any before the coming into force of The City of Winnipeg Act, S.M. 1989-90, c. 10, and, subject to the provisions of any agreement under which the pension plan was established, council may make arrangements for alterations in pension programs over which it assumes jurisdiction as in the opinion of council will be in the best interests of the city employees or any group of its employees.

Definition of "area municipality"

91(2)       In subsection (1), "area municipality" means all cities, towns and municipalities and includes The Metropolitan Corporation of Greater Winnipeg, which, immediately before January 1, 1972, were established, constituted and existed within the boundaries of the city.

Pensions exempt from process

91(3)       Subject to The Garnishment Act, the right of a retired employee of the city, a board or commission or the police department to receive payments out of a pension fund created by the city before or after the coming into force of this section, or out of the police pension fund, and money payable to a person under the city's pension scheme or out of any such fund, or as advance by way of gratuity, whether made in periodic payments or otherwise, shall not be assigned, charged, anticipated or given as security, or seized, attached or levied upon by or under the process of a court.

City may refuse power of attorney

91(4)       The city may in its discretion refuse to recognize a power of attorney granted by a person with reference to any right, money or payment to which reference is made in subsection (3).

Admission of other employees to plan

92          A by-law passed under subsection 90(1) to establish a pension or insurance plan for employees may provide, subject to such terms and conditions as may be set out in the by-law, for admission to and participation in the plan, of individuals employed by an employer

(a) whose operations

(i) are principally conducted within the boundaries of the city, and

(ii) are considered by council to be related to the operations of the city; or

(b) who provides a service or performs a function that was previously provided or performed by, or under the direction and control of, the city;

and the city may for that purpose enter into an agreement with the employer.

By-law to merge pension plans

93(1)       Despite any other provision of this Act, council may by by-law merge into one pension plan the pension plans maintained under by-law No. 219 of the former Metropolitan Corporation of Greater Winnipeg, and by-laws No. 1125/75, and No. 2819/80, including any such pension plan which may have, at the date of merger, an actuarial surplus or an unfunded liability, and council may by by-law merge into one trust the trusts arising under the pension plans that are merged.

Powers of council

93(2)       Subject to subsection (3), a merger under subsection (1) of pension plans and trusts arising under the pension plans shall be effected in a manner and on terms and conditions that council considers appropriate, and a by-law passed under subsection (1) may be retroactive and shall be deemed to come into force on the date stipulated in the by-law.

No adverse effect on pension credits

93(3)       Council shall satisfy itself, before passing a by-law under subsection (1), that the pension benefit credits, as defined in The Pension Benefits Act, of members of the pension plans that are to be merged are not adversely affected by the merger, and for that purpose and all other purposes, the certificate of the actuary of the pension plans to that effect shall be conclusive thereof.

Amendments

93(4)       Despite the provisions of pension plans that are merged under subsection (1), or the by-laws creating the pension plans, council may pass by-laws amending the pension plans that are merged and any trusts arising under the pension plans, to facilitate a merger, and council may amend a by-law passed under subsection (1).

Application of other statutes

93(5)       Despite section 3 of The Pension Benefits Act, that Act and The Trustee Act do not apply to a merger under subsection (1) of pension plans and to a merger of trusts arising under such pension plans.

EMPLOYEE BENEFITS PROGRAM

Definitions

94(1)       In this section and section 95,

"amended and restated employee benefits program" means the employee benefits program, as proposed to be amended and continued under the agreements to be entered into pursuant to the amending agreement, with such changes, if any, as are approved by the court under clause (5)(c); (« régime d'avantages sociaux modifié et révisé »)

"amended and restated pension plan" means the pension trust agreement, and any related document setting out the terms of the plan administered under that agreement, that governs the pension plan to be continued as part of the amended and restated employee benefits program; (« régime de pension modifié et révisé »)

"amending agreement" means the Letter of Understanding, ratified by the city on November 22, 2000, between the city and the collective bargaining agents regarding proposed changes to the employee benefits program; (« accord modificatif »)

"class of members" means one of the following classes of members:

(a) members who are employees represented by a participating union,

(b) members who are employees not represented by a participating union,

(c) members not described in clause (a) or (b); (« catégorie de participants »)

"commission" means The Pension Commission of Manitoba under The Pension Benefits Act; (« Commission »)

"employee benefits program" means the pension plan, the long-term disability plan and the early retirement benefits arrangement that were provided for by by-law when this section came into force; (« régime d'avantages sociaux »)

"member" means a member of the pension plan that forms part of the employee benefits program, and includes

(a) a former member who is entitled to a deferred benefit under the plan, and

(b) a pensioner who, or a member's beneficiary who, has an absolute entitlement to benefits under the plan; (« participant »)

"participating union" means a collective bargaining agent that is a party to the amending agreement; (« syndicat participant »)

"superintendent" means the Superintendent of Pensions appointed under The Pension Benefits Act. (« surintendant »)

Implementation of amending agreement

94(2)       The parties to the amending agreement may implement the agreement only with the approval of the court under clause (5)(c).

Application for court approval

94(3)       The parties to the amending agreement may apply to the Court of Queen's Bench for an order approving the implementation of that agreement.

Non-application of Trustee Act

94(4)       Section 59 of The Trustee Act does not apply to any variation of a trust that is required to implement the amending agreement as approved by the court under clause (5)(c).

Court order

94(5)       In connection with an application under subsection (3), the court may make any interim or final order it thinks fit, including, without limitation,

(a) an order respecting the notice to be given to members and to the superintendent;

(b) an order appointing counsel to represent the interests of any class of members;

(c) if the court is satisfied that the amendments to be made to the employee benefits program are justifiable and beneficial for each class of members as a whole, an order approving

(i) the implementation of the amending agreement, and

(ii) any variation of a trust that is necessary to implement the amending agreement,

as proposed or with any changes approved by the court; and

(d) an order fixing costs relating to the court application that are to be paid out of the pension fund.

Effect of implementation with court approval

94(6)       If the parties to the amending agreement implement the agreement as approved by an order made under clause (5)(c),

(a) the existing pension plan, long-term disability plan and early retirement benefits arrangement comprising the employee benefits program are amended and continued under the terms of the amended and restated employee benefits program;

(b) the amended and restated employee benefits program applies to and is binding on the members and all other former employees, and every ascertained or unascertained beneficiary of a member or other former employee, except that the amended and restated pension plan does not apply to those who, as a class, exclude themselves from it under subsection 26.1(3) of The Pension Benefits Act;

(c) subsection 26(5) of The Pension Benefits Act does not apply to the amending agreement or the amended and restated pension plan; and

(d) for the purposes of clause 26(2.1)(a) and subsection 26(2.2) of The Pension Benefits Act, the commission may consider the terms of the amended and restated pension plan as at the effective date of its implementation to be the terms that governed the pension plan as at that date.

Designation as a multi-unit pension plan

94(7)       Despite subsection 26.1(2) of The Pension Benefits Act, when the superintendent is satisfied that

(a) the pension plan has been amended and restated as approved by the court under clause (5)(c);

(b) the provisions of the amended and restated pension plan meet the requirements of subsection 26.1(11) of The Pension Benefits Act; and

(c) members have been given the opportunity under subsection 26.1(3) of The Pension Benefits Act to exclude themselves from the amended and restated pension plan;

the superintendent shall designate the amended and restated pension plan as a multi-unit pension plan under The Pension Benefits Act.

Interpretation

94(8)       Subject to subsection (7), nothing in this section or in an order made under subsection (5) shall have the effect of limiting the power of the superintendent or the commission to ensure that the amended and restated pension plan complies with the provisions of The Pension Benefits Act that apply to it.

Payments to city to pay other employee benefits

95          Despite subsection 26(2) of The Pension Benefits Act, the commission's consent is not required for payments of surplus out of the pension plan to the city under the terms of the amended and restated pension plan if those payments

(a) are not more than the maximum payable to the city under subsection 26(2.3) of The Pension Benefits Act; and

(b) are not more than the amounts required by the city to fund benefits under the long-term disability plan and the early retirement benefits arrangement continued under the amended and restated employee benefits program.

STATUTORY OFFICERS

Appointment of statutory officers

96          Council must appoint the following statutory officers:

(a) the chief administrative officer for the city;

(b) the city clerk;

(c) the chief financial officer;

(d) the city auditor.

CHIEF ADMINISTRATIVE OFFICER

Powers etc. of chief administrative officer

97          The powers, duties and functions of the chief administrative officer for the city include

(a) carrying out the powers, duties and functions assigned to the officer by this or any other Act or by council or the executive policy committee of council;

(b) informing executive policy committee in respect of the operations and administration of the city;

(c) ensuring that by-laws and resolutions passed by council and the city's policies and programs are implemented;

(d) except as council otherwise directs, managing and supervising employees;

(e) except as council otherwise directs, and subject to an employee's contract or collective agreement or the terms of an employee's employment, appointing, suspending or dismissing employees other than statutory officers; and

(f) ensuring the preparation of annual operating and capital budgets.

Suspension of chief administrative officer

98(1)       The mayor may suspend the chief administrative officer for the city for a period not exceeding three working days.

EPC powers on suspension

98(2)       Where the chief administrative officer for the city is suspended under subsection (1), the executive policy committee must, during the period of the suspension,

(a) recommend to council that the chief administrative officer be dismissed;

(b) terminate the suspension and reinstate the chief administrative officer; or

(c) extend the suspension for a period of not more than 30 days and during that period

(i) recommend to council that the chief administrative officer be dismissed, or

(ii) terminate the suspension and reinstate the chief administrative officer.

CITY CLERK

Duties etc. of city clerk

99          The city clerk's powers, duties and functions include

(a) ensuring that the minutes of every meeting of council or of a committee of council are prepared without note or comment;

(b) ensuring that by-laws, resolutions and minutes of council and committees of council meetings, and other records and reports received by or provided to council or committees of council, are kept safe and in accordance with the policies and procedures approved by council for the retention and safekeeping of records;

(c) ensuring that any information requested from the city by the minister is provided within a reasonable time; and

(d) performing such other duties and functions and exercising such other powers as may be assigned to the clerk by this or any other Act or by council.

CHIEF FINANCIAL OFFICER

Duties etc. of chief financial officer

100         The powers, duties and functions of the chief financial officer include

(a) ensuring that the revenues of the city are collected;

(b) ensuring that money belonging to or held by the city is deposited to the credit of the city in a financial institution designated by council;

(c) ensuring that accounts for authorized expenditures by the city are paid;

(d) ensuring that accurate records and books of account are kept of the city's financial affairs;

(e) ensuring that insurance, as required or approved by council, is in effect at all times to protect the city from losses or claims;

(f) receiving and safekeeping of all money belonging to the city;

(g) safekeeping of city securities that are undelivered to the purchasers or that are unsold, and delivering them to such persons and in such manner as is provided in this Act, and as directed by by-laws or resolutions of council;

(h) ensuring that money collected for the purpose of paying interest and principal of city securities is properly applied to those payments;

(i) submitting to council, within six months after the end of each fiscal year of the city, a report on the financial position of the city at the end of that fiscal year, including balance sheets, statements of revenue and expenditures and other financial statements necessary to provide full disclosure of the financial position of the city;

(j) sending to the minister, within six months after the end of each fiscal year of the city, the report submitted to council under clause (i) and the reports of the city auditor in respect of that fiscal year;

(k) sending to the minister, promptly after they are adopted, such number as the minister may request of copies of

(i) the city's operating budget for each fiscal year,

(ii) the city's capital budget for each fiscal year, and

(iii) each of the city's five-year capital forecasts; and

(l) performing such other duties and functions and exercising such other powers as may be assigned to the chief financial officer by this or any other Act or by council.

Liability of chief financial officer

101         The chief financial officer is not liable to an action for any money paid by the chief financial officer in accordance with a by-law or resolution passed by council, except where an Act expressly provides for another disposition of the money.

CITY AUDITOR

Qualifications of city auditor

102(1)      An individual is not eligible to be appointed as city auditor if the individual

(a) is, or was, within one year before the appointment, a member of council;

(b) is not entitled to practise as an accountant under The Chartered Accountants Act, The Certified General Accountants Act or The Society of Management Accountants of Manitoba Incorporation Act; or

(c) within one year before the appointment entered into a contract with the city to provide a service or perform a function on behalf of the city, other than

(i) a contract to provide auditing services to the city in the capacity of a professional auditor,

(ii) a contract to receive goods or services provided by the city to the public at large, or

(iii) as an employee of the city.

Restrictions on holding public office

102(2)      The city auditor is not eligible to hold any other public office.

Dismissal or suspension

103         The city auditor may be suspended or dismissed only by a resolution of council that is approved by not less than 2/3 of all members of council.

Responsible for office of city auditor

104(1)      The city auditor

(a) must supervise and is responsible for all matters relating to the internal operations of the offices of the city auditor and the employees employed under the city auditor;

(b) may regulate and establish procedures in respect of the operations of the office; and

(c) may appoint and compensate, within a budget approved by council, such employees as the city auditor considers necessary for carrying out the powers, duties and functions of the city auditor, and may suspend them.

Delegation by city auditor

104(2)      The city auditor may delegate to an employee in the office of the city auditor any power, duty or function of the city auditor except

(a) the duty to report to council under subsection 105(1); or

(b) the power to authorize an individual to have the powers and protection of a commissioner appointed under Part V of The Manitoba Evidence Act.

Duties re annual audit

105(1)      The city auditor must ensure that a proper and complete audit of each annual consolidated financial statement of the city is made, and must, within six months after the end of each fiscal year of the city, make a report to council, in accordance with normal accounting practices and with such further terms, conditions and requirements as council may from time to time establish, in respect of the annual audit for that fiscal year, and expressing an opinion as to whether

(a) the financial statements and financial information returns of the city fairly present its financial position;

(b) all information required was provided within a reasonable time; and

(c) any other matter the auditor considers appropriate has been brought to the attention of council.

Duties re operations

105(2)      The city auditor must ensure that examinations of the operations of the city and each affiliated body are made at such times as the city auditor considers appropriate, and in accordance with such terms and conditions as council may from time to time establish, to determine whether

(a) operations of the city are carried on, and money is expended, with due regard for economy and efficiency; and

(b) satisfactory procedures have been established to measure, and report to council on the achievement of, economy and efficiency in the conduct of operations of the city and each affiliated body;

and the city auditor must report to council in respect of those examinations with any recommendations that the auditor considers relevant.

Audits of trusts and grantees

105(3)      For the purposes of carrying out duties under subsection (2), the city auditor may examine and audit, or cause an examination and audit to be made of, the accounts and financial records of

(a) any fund or property held in trust for the benefit or purposes of the city; and

(b) any person to whom the city or an affiliated body makes, or has made, a financial contribution or a transfer of property for no or substantially inadequate consideration.

Special audits and examinations

105(4)      Council may, at any time, direct the city auditor to examine and audit

(a) anything done by the city or an affiliated body; or

(b) any person to whom the city or an affiliated body has made a financial contribution or a transfer of property for no or substantially inadequate consideration;

and to report as directed by council in respect of the examination and audit.

Powers of auditor

105(5)      The city auditor

(a) has access to, and may at any reasonable times require production of, any record or document in the possession of an employee or a person employed by an affiliated body, that relates to the financial affairs, operations or property of the city or the affiliated body;

(b)  may require and receive information and explanations that the city auditor considers necessary for the proper performance of the city auditor's duties, from

(i) employees,

(ii) officers or employees of affiliated bodies,

(iii) persons to whom, or officers or employees of persons to whom, the city or an affiliated body has made a financial contribution or a transfer of property for no or substantially inadequate consideration,

(iv) financial institutions or their officers or employees,

(v) district registrars of land titles districts, and

(vi) officers of courts; and

(c) may station employees employed under the city auditor in any of the offices or premises of the city or an affiliated body for the purposes of carrying out the duties and functions of the city auditor, and must require an employee so stationed to comply with any security measures that apply to individuals employed in the place in which the employee is stationed.

Reliance on other audits

105(6)      The city auditor

(a) is not required to examine or audit, or cause an examination or audit to be made of, the accounts and financial records of the city or an affiliated body if the city auditor is satisfied that

(i) council has assigned the audit to an external auditor under subsection 107(2), or

(ii) a person who has the qualifications referred to in subsection 107(1) has audited the accounts and financial records of the body for the fiscal period that is of interest to the city auditor; and

(b) is entitled to receive, on written request, a copy of any certificate, statement or comment given or made by a person under clause (a) in respect of that fiscal period.

Powers under Part V of Evidence Act

106(1)      For the purposes of carrying out the duties and functions of the city auditor, the city auditor, or an individual authorized in writing by the city auditor, has the powers and protection of a commissioner appointed under Part V of The Manitoba Evidence Act, but section 85 (oath of office) of that Act does not apply to the city auditor or authorized individual, and no notice of the appointment, of the scope of the inquiries to be made, or of the time and place of the holding of any hearing or inquiry, need be published as required under section 86 (notice of appointment of commission) of that Act.

Report to council re examination

106(2)      Where the city auditor exercises the powers of a commissioner under subsection (1) or authorizes an individual to exercise those powers, the city auditor must promptly advise council in writing of that fact.

Appointment and qualifications of external auditor

107(1)      Council may appoint one or more persons as external auditors if

(a) where the person is an individual, he or she would be eligible to be appointed as the city auditor; and

(b) where the person is a firm of accountants, none of its members or associates would be ineligible to be appointed as the city auditor under clause 102(1)(a).

Responsibilities of external auditor

107(2)      Council may assign the audit of an affiliated body or of the annual consolidated financial statement of the city under subsection 105(1) to an external auditor.

City auditor and external auditor

107(3)      The city auditor must provide an external auditor with such information, records, documents and other assistance as the external auditor requires for the purpose of the audit.

Powers and duties of external auditor

107(4)      Subsection 105(6) and section 106 apply to an external auditor, with necessary changes.

Report of external auditor on statements

107(5)      An external auditor must report to council

(a) the results of an audit within six months after the end of the fiscal year, and the report must include the matters set out in subsection 105(1); and

(b) any irregularity that comes to his or her attention, including any failure on the part of an employee to comply with a request of the external auditor.

MEDICAL OFFICER OF HEALTH

Agreement to enforce by-law under The Public Health Act

108(1)      Where there is an agreement respecting the enforcement of a by-law under section 21 of The Public Health Act, a medical officer of health or other person enforcing the by-law under the agreement has all the powers of a designated employee under this Act.

Medical officer of health's powers to enforce this Act

108(2)      A medical officer of health has all the powers of a designated employee under this Act when administering or enforcing the provisions of this Act respecting the health, safety or well-being of people, subject to an agreement between the city and the authority appointing or designating the medical officer of health.

S.M. 2006, c. 14, s. 113.

DIVISION 2

RECORDS MANAGEMENT

By-law respecting records

109         Council must pass a by-law providing for the management, retention, safekeeping, disposition and destruction of records.

City archivist

110(1)      Council must designate an employee as

the city archivist who must

(a) establish and administer a system of records management to serve the current and long-term requirements and interests of the city; and

(b) perform such other duties and functions and exercise such other powers as may be assigned to the city archivist by council.

Records committee established

110(2)      There shall be a records committee which shall

(a) be composed of the city archivist and such other individuals, who may be employees or citizens, as council shall, from time to time, designate; and

(b) make recommendations to council, and implement policies and procedures approved by council, for the management, retention, safekeeping, disposition and destruction of records.

Approval for destruction or removal of record

111         A record created or held by the city must not be destroyed or removed from the custody and control of the city by any employee unless

(a) the destruction or removal is permitted under a by-law; or

(b) the employee has obtained the written approval of the records committee to destroy or remove the record, as the case may be.

Records available on request

112(1)      The city clerk must, within a reasonable time after the request of any person, provide access to, or direct the person to another employee who has custody of and who must provide access to, any of the following city records:

(a) the assessment rolls of the city for the current year and for the two preceding years;

(b) the tax rolls of the city for the current year and for the two preceding years;

(c) quarterly financial reports for the current fiscal year prepared by the chief financial officer;

(d) the agenda for any open meeting of council or of a committee of council;

(e) any report that has been received by council at an open meeting;

(f) the approved minutes of any open meeting of council or of a committee of council;

(g) attachments to the minutes of any open meeting of council or of a committee of council;

(h) by-laws;

(i) any resolution passed at an open meeting of council or a committee of council;

(j) records prepared by the city in respect of streets, showing the numbers of the buildings on them, and the names and numbers of all multiple dwellings and business buildings, if any;

(k) the audited statements of election expenses of, and contributions for, any candidate in a general election or any election held to fill a vacancy on council.

Certified copies of by-laws

112(2)      The city clerk must provide, within a reasonable time, to any person who requests it, a copy of any by-law, or of any resolution or order passed at an open meeting of council or a committee of council, under seal of the city and certified by the clerk to be a true copy.

Personal security protection

112(3)      Despite anything in this or any other Act,

(a) the name and other personal information of or about an individual must be omitted or obscured from an assessment roll or tax roll produced under this section if the individual applies in writing to the clerk to have that information omitted or obscured to protect the individual's personal security; and

(b) information about a voter that, under section 34 (personal security protection) of The Municipal Councils and School Boards Elections Act, was omitted from, or obscured on, the voters list or other record must not be made available for examination, inspection or copying.

S.M. 2005, c. 27, s. 164.

DIVISION 3

NOTICES AND SERVICE OF DOCUMENTS

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 publish the notice in a newspaper having general circulation in the city,

(a) where the notice relates to a hearing, at least 14 days before the day when the hearing is to begin; and

(b) where the notice relates to a matter other than a hearing, at least 14 days before 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 publications must be 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.

Copies of published notices

113(3)      The city must compile and make available through the city clerk's office copies of all current notices published in compliance with this Act or a by-law in any newspaper or The Manitoba Gazette that relate to hearings or other matters.

Exceptions to newspaper notice

113(4)      Where a designated employee determines that the matter to be considered at a hearing affects only a specific building or parcel of land, the required notice of the hearing may be provided by posting a notice of the hearing on the building or parcel, in accordance with section 118 (posting notices) instead of giving public notice thereof by publication in a newspaper.

Notice to persons of hearing

114         Except where this Act provides otherwise, where a notice of a hearing is required by this Act to be given to, sent to or served on a person, the notice must be given to, sent to or served on the person at least 14 days before the day of the hearing.

Content of notice of hearing

115(1)      Where this Act requires a notice to be given about a hearing, the notice must set out

(a) the name of the committee or other body that will conduct the hearing;

(b) the date, time and place of the hearing;

(c) a general description of the matter to be considered at the hearing;

(d) a statement that the purpose of the hearing is to allow interested persons to make submissions, ask questions or register objections in respect of the matter; and

(e) an address where information or documents concerning the matter and a description of the procedure to be followed at the hearing are available for inspection.

Content of notice of other matters

115(2)      Except where this Act provides otherwise where a notice is required to be given about a matter other than a hearing, the notice must set out

(a) a general description of the matter;

(b) the nature of any proposed action that may be taken in respect of the matter and when the action could be taken;

(c) the manner in which objections to any such proposed action may be made; and

(d) an address where information or documents concerning the matter and a description of the procedure to be followed in respect of the proposed action are available for inspection.

Service of order or decision

116(1)      Where council, a committee of council, an employee or other body authorized by this Act or council makes an order or decision, as soon as practicable after the order or decision is made, a copy of the order or decision must be given

(a) to the person in respect of whom, or in respect of whose application, the order or decision was made; and

(b) to any other person to whom a copy of the order or decision is required by this Act or council to be given.

Notice of appeal with order or decision

116(2)      Where an order or decision mentioned in subsection (1) is subject to appeal under this Act or a by-law, the order or decision and every copy thereof

must set out

(a) the reasons for the order or decision;

(b) a statement that there is a right to appeal the order or decision, and the procedure to be followed for appealing it;

(c) the person or hearing body to which the appeal may be taken; and

(d) the date before which any appeal must be filed.

Service of notices, orders and documents

117(1)      Except where this Act provides otherwise, where a notice, order or other document is required by this Act to be given to, sent to or served on a person, the requirement must be effected

(a) by delivering a copy of it to the person; or

(b) by sending a copy of it to the person, addressed to the person's address as determined in accordance with a by-law, by registered mail, delivery or facsimile transmission or by other type of communication facility for which confirmation of the sending of the copy may be obtained.

Notice by mail

117(2)      A copy of a notice, order or document to be sent by mail to a person in compliance with a provision of this Act

(a) must be sent to the person's address, as that address is determined in accordance with a by-law; and

(b) is deemed to be received by the person on the third day after the day it is mailed.

Where service not possible

117(3)      Where for any reason it is unreasonable to comply with subsection (1) in respect of giving, sending or serving of a notice, order or document to or on a person, and the notice or document relates to a hearing or matter in respect of a specific building or parcel of land, if a copy of the notice, order or document is posted on the building or land in accordance with section 118,

(a) the notice, order or document is deemed to be given to, sent to or served on the person; and

(b) the person is deemed to have received a copy of the notice, order or document seven days after posting.

Posting notices etc.

118         Where a notice, order or other document is permitted or required by this Act to be posted on a building or parcel of land, the notice, order or document must be

(a) posted outdoors

(i) in conspicuous locations on the site of the building or parcel,

(ii) facing each street adjacent to the site or parcel, and

(iii) not more than 1 m inside the boundary lines of the site or parcel;

(b) of such size and dimensions, printed in such easily legible characters, and maintained in such manner, as may be prescribed by by-law; and

(c) where it is a notice of a hearing or relates to an anticipated action, posted at least 14 days before the day the hearing is to take place or the earliest day when the anticipated action is to be taken.

Council may vary notice requirements

119          Despite any other provision of this Division, council may by by-law vary the requirements for notice set out in this Division where council considers that it is impractical or impossible to comply with those requirements.

Evidence of notice or service

120         A certificate of a designated employee certifying

(a) that public notice has been given in accordance with this Act or a by-law;

(b) that a notice, order or document has been given, sent or served on a person in accordance with this Act or a by-law; or

(c) that a notice, order or document has been posted in accordance with section 118;

is proof, in the absence of evidence to the contrary, of the matters set out in the certificate and is admissible in evidence without proof of the designation or signature of the employee who signed it, and evidence that a copy of a notice or document was posted at the beginning of any period during which it is required to be kept posted is conclusive proof that it was kept posted during the period.

Service on city

121         A notice or other document required to be served on the city must be served by delivering it to the city clerk or an employee designated by the city clerk.

DIVISION 4

HEARINGS

By-law re procedures at hearings

122(1)      Council may pass a by-law establishing procedures to be followed by hearing bodies, which may include provisions

(a) permitting hearing bodies to establish reasonable time limits for presentations, questions or objections;

(b) providing that a hearing body may decline to hear presentations, questions or objections where the body is satisfied that the matter has been adequately addressed at the hearing;

(c) allowing a hearing body to determine which of several presentations that are the same or similar the body will hear;

(d) respecting the expulsion of individuals from hearings for improper or disruptive conduct; and

(e) respecting the adjournment of hearings.

Preliminary meeting

122(2)      A hearing body required under this Act or a by-law to hold a hearing may, before the hearing and in accordance with any procedure established under a by-law passed under subsection (1), convene a public meeting for discussion of the subject matter of the hearing.

Conduct of hearing

122(3)      A hearing body required under this Act to hold a hearing must

(a) at the time and place set out in the notice of the meeting, begin the hearing;

(b) subject to the provisions of a by-law passed under subsection (1), hear any person who may be affected by the result of the hearing and who wishes to make submissions, ask questions or register objections on their own behalf or on behalf of others; and

(c) keep a record of its proceedings in a manner prescribed by by-law.

Adjournment of hearings

123(1)      A hearing required under this Act may be adjourned but, unless the date, time and place of the continuation of the hearing is announced at the time of the adjournment, the hearing body must give public notice of that information as though the continuation were a new hearing.

New matters on continuation

123(2)      A hearing body conducting a hearing required under this Act may, after an adjournment of the hearing and before its conclusion, receive submissions in respect of new subject matter not set out in the original notice of the meeting, but only if the hearing body gives a new notice of the continuation under subsection (1) setting out the new subject matter.

DIVISION 5

PETITIONS AND OBJECTIONS

Form and content of petitions

124(1)      Where this Act requires or provides for a petition to be presented to council, the petition is sufficient if

(a) it consists of one or more pages, each of which contains an identical statement of the purpose of the petition;

(b) it includes, for each person who signs it,

(i) the person's surname and given name or initials legibly printed or, if the person is not an individual, the person's corporate or business name or the name under which it carries on activities,

(ii) the person's signature,

(iii) the date when the person signed it, and

(iv) the person's address or, where the person resides outside the city, the address or legal description of the land located in the city the ownership of which is the basis of the person's right to be qualified to sign the petition;

(c) it is filed with the city clerk within 90 days after the day when the first signature was placed on it; and

(d) if it is filed for the purpose of complying with a provision of this Act that requires a petition signed by a prescribed number of persons who meet prescribed criteria, it contains the required number of signatures of persons with those qualifications.

Determination of sufficiency of petition

124(2)      When a petition is filed with the city clerk, a designated employee must

(a) determine its sufficiency by determining whether it complies in all respects with subsection (1), and in particular by

(i) counting the number of persons who have signed it, and

(ii) determining how many of them are qualified to sign it; and

(b) report to council or a committee of council, as the case requires, whether it is sufficient or insufficient.

Counting of signatories

124(3)      In counting under subsection (2) the number of persons who have signed a petition, the designated employee must exclude any person if

(a) the person's signature appears on a page of the petition that does not contain the statement required by clause (1)(a);

(b) anything required by clause (1)(b) to be included in respect of the person is not included; or

(c) the person is, for any other reason, not qualified to sign the petition.

Form and content of objection

125(1)      Where this Act provides that an objection may be filed in respect of any matter, the objection is valid if

(a) it is in writing;

(b) it sets out a clear description of the matter to which the objection relates and clearly expresses an objection to the matter;

(c) it is signed by one or more persons and, for each person who signs it, includes

(i) the person's surname and given name or initials legibly printed or, if the person is not an individual, the person's corporate or business name or the name under which it carries on activities,

(ii) the date when the person signed it, and

(iii) the person's address and, if the objection relates to property or premises the address of which differs from the person's address, the address of the property or premises to which the objection relates and the person's interest in that property or those premises;

(d) it is filed with the city clerk; and

(e) if it is required to be filed before a specified day or in a specified period, it is filed before that day or in that period, as the case requires.

Determination of sufficiency of objections

125(2)      When objections in respect of any matter are filed with the city clerk, a designated employee must

(a) determine which of the objections are valid by determining whether they comply in all respects with subsection (1);

(b) count the number of persons who have signed valid objections in respect of the matter and determine how many of those persons are qualified to sign objections in respect of the matter; and

(c) report to council or a committee of council, as the case requires, whether the number of persons who have signed, and are qualified to sign, objections in respect of the matter is sufficient or insufficient in respect of that matter.

Counting of signatories

125(3)      In counting under subsection (2) the number of persons who have signed objections in respect of any matter, the designated employee must exclude any person if

(a) the person's signature appears on a page that does not set out the matter to which the objection relates and an objection to that matter as required by clause (1)(b);

(b) anything required by clause (1)(c) to be included in respect of the person is not included; or

(c) the person is, for any other reason, not qualified to file an objection in respect of the matter.

Signatures after filing

126         No signatures may be added to or removed from a petition or an objection after it is filed with the city clerk.

Determination final

127         The determination of the designated employee as to the sufficiency of a petition or the validity or sufficiency of objections is final.

PART 5

POWERS OF THE CITY

DIVISION 1

SPHERES OF JURISDICTION

Spheres of authority not mutually exclusive

128         If authority is granted to council under a provision of this Act to pass by-laws in respect of any matter, that authority shall not be construed to reduce or limit authority granted under any other provision of this Act

(a) to pass by-laws in respect of the same or a related matter; or

(b) to deal with the same or a related matter in a manner other than by by-law.

PUBLIC CONVENIENCE

General authority

129         Council may pass by-laws respecting

(a) subject to section 130, activities and things on private property;

(b) the naming of streets and buildings, the numbering of buildings and lots and the requirement to post names on public or private property and to affix numbers on buildings;

(c) property adjacent to streets, whether the property is publicly or privately owned;

(d) the operation of off-road vehicles on public or private property;

(e) the sale, display, offering for sale or use of fire balls, crackers and fireworks;

(f) the sale, display or offering for sale, possession or transportation of firearms and other guns — other than firearms or guns the sale, possession or transportation of which is controlled or regulated under an Act of Parliament — and the use of firearms and other guns;

(g) the sale, display, offering for sale or use of bows and arrows, slings and similar devices; and

(h) wild and domesticated animals and birds, and activities in relation to them.

Activities and things on private property

130         A by-law authorized by clause 129(a) (activities on private property) may only contain provisions respecting

(a) activities and things that in the opinion of council are or may become a nuisance or a detriment to persons or property, including noise, weeds, and activities and things that may cause fumes, odour or vibrations;

(b) unsightly buildings and premises;

(c) buildings and premises which, because of their condition or appearance, may substantially depreciate the value of other land and buildings in the vicinity;

(d) requirements for providing fences around, and for preventing entry onto or into, vacant property; and

(e) the storing of vehicles, including the number and type of vehicles that may be kept or stored and the manner of parking and storing them.

Property adjacent to streets

131         Without limiting the generality of clause 129(c) (property adjacent to streets), a by-law authorized under that clause may include provisions

(a) respecting signs, survey monuments, landscaping and setbacks and, in respect of those matters, the provisions may relate to

(i) the growing, control and removal of trees, shrubs, grass and weeds, and

(ii) the construction of buildings, including the construction, repair and removal of fences and snow fences;

(b) respecting the control and removal of snow, ice, litter and other accumulations; and

(c) requiring owners or occupants of adjoining land to remove snow and ice from sidewalks.

Animals and birds

132         Without limiting the generality of clause 129(h) (animals and birds), a by-law authorized under that clause may include provisions

(a) that differentiate on the basis of sex, breed, size or weight of animals or birds;

(b) respecting the keeping or harbouring of animals or birds;

(c) respecting the running at large of animals; and

(d) respecting the impoundment and destruction of animals causing damage, running at large or suffering from disease.

Litter from businesses

133         Council may by by-law require the proprietors of businesses that sell food or drinks in containers or papers to collect and dispose of any containers and papers discarded on the premises, or on adjoining public or private land within a distance of the business prescribed in the by-law.

HEALTH, SAFETY AND WELL-BEING

General authority

134(1)      Council may pass by-laws respecting

(a) health hazards;

(b) the protection, safety, health and well-being of people; and

(c) the protection and safety of property.

Health and safety

134(2)      Without limiting the generality of subsection (1), a by-law authorized under that subsection may include provisions respecting

(a) the sale, use, consumption, possession or disposal of substances that may constitute a health hazard;

(b) the source, use, treatment and quality of water intended for drinking or domestic purposes;

(c) the occupation, use, condemnation or demolition of any building or land that is reported to be a health hazard by the medical officer of health; and

(d) the control of insects, plant diseases and pests.

134(3)      Repealed, S.M. 2006, c. 14, s. 113.

S.M. 2006, c. 14, s. 113.

ACTIVITIES IN PUBLIC PLACES

General authority

135(1)      Council may pass by-laws respecting people, activities and things in, on or near public places or places open to the public.

Meaning of "public places" etc.

135(2)      In this section, "public places and places open to the public" includes, without limiting the generality of that expression, parks, community clubs, recreation and leisure facilities, private clubs, streets, restaurants, stores, shopping and business malls, theatres and public facilities of all kinds.

STREETS

Control of streets

136         Subject to this and any other Act, the city has the control and management of streets within the city.

Possession and control vests in city

137         Where the city has the direction, control and management of a street and title to the land on which the street is situated is vested in the Crown, the title remains so vested but the possession and control of the street is vested in the city.

City is traffic authority

138         The city is the traffic authority under The Highway Traffic Act in respect of streets of which it has direction, control and management and, in respect of those streets, it has all the powers granted to, or enjoyed by, and the duties charged on, a traffic authority under that Act.

General authority

139         Council may pass by-laws respecting streets and the parking of vehicles in the city, including, without limiting the generality of the foregoing, by-laws respecting

(a) the surveying, settling and marking of boundary lines of streets;

(b) the opening and, subject to section 140, the closing of streets;

(c) subject to section 141, determining what persons, if any, will be considered to be injuriously affected by the closing of a street;

(d) subject to section 143, the designation of a street or a portion of a street as a limited access street;

(e) the process for determining and designating temporary street closings and detours;

(f) private works in streets;

(g) the installation and use of parking meters;

(h) agreements for the installation of parking meters on private land and the enforcement of by-laws respecting parking under such agreements;

(i) traffic on streets;

(j) the maintenance of boulevards;

(k) the distance from a street boundary within which a building shall not be constructed; and

(l) fixing an administration fee for the purposes of subclause 23.3(8)(b)(i) (expenses in respect of lien) of The Summary Convictions Act.

Closing streets

140(1)      Council shall not, under the authority of clause 139(b), pass a by-law closing a street unless

(a) at least 14 days before passing the by-law, the city posts in 6 of the most prominent locations in the neighbourhood of the street a notice of the proposed closing indicating where and when

(i) any objections to the proposed closing must be filed, and

(ii) a designated committee of council will consider any objections;

(b) any person who filed an objection in accordance with the notice posted under clause (a) has been given an opportunity to appear before the designated committee of council, at a time and place set out in the notice, to present his or her objection, and the committee has forwarded its report and recommendations in respect of the objections, to council; and

(c) in respect of each parcel of land to which access is provided by the street, either

(i) the city provides another convenient means of access to the parcel, or

(ii) subject to section 141, the owner and occupant of the parcel elect in writing to be compensated for the loss of access instead of having the city provide another means of access.

Combined by-laws

140(2)      If a by-law combines the closing of a street with the determination of persons considered to be injuriously affected by the closing, the notice required under clause (1)(a) in respect of the closing may be combined with the notice required under subsection 141(1).

Determining persons injuriously affected

141(1)      Council must not, under the authority of clause 139(c), pass a by-law determining what persons are injuriously affected by the closing of a street unless

(a) at least 14 days before passing the by-law, the city posts in six of the most prominent locations in the neighbourhood of the street a notice of the proposed by-law indicating the persons or classes of persons who will be considered to be so affected; and

(b) when the by-law is passed, no persons or classes of persons other than those mentioned in the notice are entitled to compensation in respect of the closing, unless the determination is amended on appeal as provided in this section.

Appeal of by-law

141(2)      A person who is dissatisfied with a determination made in a by-law referred to in subsection (1) may, within 14 days after passage of the by-law, appeal the by-law by applying to the Court of Queen's Bench and providing the court with

(a) a certified copy of the by-law;

(b) an affidavit showing the person's interest in the by-law; and

(c) proof of service of the application on the city.

Decision on appeal

141(3)      On hearing an application under subsection (2) from a by-law, the court may change, add to or reduce the number of persons or classes of persons determined by the by-law to be injuriously affected or may dismiss the application, and the decision of the judge is final and conclusive.

Land from closed street

142(1)      When a street is closed by a by-law passed under clause 139(b), the land previously occupied by the street

(a) may be dealt with in the same way as other land owned by the city; and

(b) if the land is conveyed by the city to an owner of adjoining land, upon being consolidated with the adjoining land, it becomes subject to any valid and subsisting mortgage, encumbrance, lien, or charge to which that adjoining land is subject.

Application — streets closed under former Acts

142(2)      Clause (1)(b) also applies to land previously occupied by a street that was closed by a by-law under

(a) The City of Winnipeg Act, S.M. 1989-90, c. 10;

(b) The City of Winnipeg Act, S.M. 1971, c. 105; or

(c) any other Act referred to in subsection 662(1) of The City of Winnipeg Act, S.M. 1971, c. 105, that applied to a portion of the city.

S.M. 2004, c. 42, s. 58.

Designation of limited access street

143(1)      A by-law authorized under clause 139(d) that designates a street or a portion of a street as a limited access street may prohibit anyone from constructing, using or allowing the use of any private road, entrance way or gate that opens onto, connects with or provides access to the street or portion except under the authority of and in accordance with the by-law.

Compensation for closing entrances

143(2)      Where a by-law authorized under clause 139(d) designates a street as a limited access street and the owner and occupant of land are required to close a private road, entrance way or gate that opens onto, is connected with or provides access to the street, the owner and occupant of the land are entitled to receive compensation from the city for the closure.

Determination of compensation

144         Where the city and an owner or occupant of land cannot agree on the amount of compensation to be paid under subclause 140(1)(c)(ii) or subsection 143(2), the compensation shall be determined as provided in The Expropriation Act.

Private works on streets

145         Without limiting the generality of clause 139(f) (private works in streets), a by-law authorized under that clause may include provisions respecting the type and construction of private works in streets.

Designated parking spaces for disabled

146(1)      Without limiting the generality of section 139, a by-law authorized under that clause may include provisions requiring owners and operators of parking facilities to which the public has access, whether on payment of a fee or otherwise, to provide designated parking spaces for the use of vehicles displaying, in accordance with The Highway Traffic Act and regulations made under that Act, physically disabled persons' parking permits issued under section 124.3 of that Act, and prohibiting the use of such spaces by other vehicles, and

(a) specifying the dimensions and locations of such designated parking spaces and the number of such spaces to be provided in each parking facility, and the number of such spaces may be based on a proportion of the total number of parking spaces in the parking facility; and

(b) specifying the requirements for the design, dimensions and location of signs or traffic control devices to identify such parking spaces.

Offence

146(2)      Council must pass a by-law making it an offence for a person to stop, stand or park a motor vehicle

(a) in a designated parking space; or

(b) in a way that makes a designated parking space inaccessible;

unless a permit is displayed in the vehicle and is used in accordance with The Highway Traffic Act and regulations made under that Act.

Penalty

146(3)      A by-law passed under subsection (2) must establish as a minimum penalty for an offence under the by-law a fine that is equal to or greater than the maximum fine for any other parking violation under a by-law.

Boulevards

147         Without limiting the generality of clause 139(j) (boulevard maintenance), a by-law authorized under that clause may include provisions

(a) requiring owners or occupants of land to maintain boulevards that abut the land; and

(b) designating boulevards or portions of boulevards that benefit the city at large and for the maintenance of which the city is responsible.

ACTIVITIES OF BUSINESSES

General authority

148         Council may, in the interest of the health, safety, welfare and protection of persons, or in the interest of preventing or minimizing nuisances, pass by-laws in respect of the following matters:

(a) businesses;

(b) the carrying on of businesses;

(c) persons carrying on businesses;

(d) premises in which businesses are carried on.

Business activities

149(1)      A by-law passed under the authority of section 148 may include provisions

(a) prohibiting businesses from dealing with minors or individuals under a specified age or from admitting minors or individuals under a specified age to premises in which the business is carried on;

(b) respecting standards and requirements for businesses in respect of the exhibiting, selling, offering for sale, providing and offering to provide goods, services and other activities;

(c) respecting requirements for certain classes of businesses

(i) to keep, and produce in prescribed circumstances or on demand, prescribed records and information in respect of business transactions,

(ii) to retain goods acquired in the business on the business premises or other prescribed premises for a prescribed period of time, and

(iii) to deliver to customers or other persons dealing with the business certain records or documents in respect of transactions; and

(d) respecting hours of operation of businesses.

Business licensing

149(2)      Without limiting the generality of section 148, a by-law passed under the authority of that section may include provisions respecting

(a) conditions that must be met before a licence is issued, including the character and fitness of the applicant or licensee;

(b) the designation of classes of businesses that council considers may be injurious to the interests of owners or occupants of property in the vicinity, and providing for conditions and procedures for approving licences for those businesses;

(c) conditions that a business may be carried on only in the premises specified in the licence; and

(d) the designation of parts of the city in which businesses or specified businesses or classes of businesses may not be carried on.

Restriction on licensing certain businesses

149(3)      A by-law passed under the authority of section 148 must not require a licence to be obtained for

(a) selling agricultural produce grown in Manitoba if the sale is made by the individual who produced it, a member of the immediate family of the individual or another individual employed by the individual;

(b) operating a public utility that is governed by statute or that is carried on under an agreement between the operator of the utility and the city; or

(c) carrying on a railway.

BUILDINGS, EQUIPMENT AND MATERIALS

General authority

150         Council may pass by-laws respecting

(a) construction and occupancy of buildings;

(b) construction activities;

(c) the installation and use of materials and equipment, other than equipment of Manitoba Hydro, in buildings;

(d) inspections of construction and construction activities;

(e) buildings that council considers to be of special architectural or historic interest; and

(f) the Winnipeg Building Commission.

Construction activities

151         Without limiting the generality of clauses 150(a) and (b), council may pass by-laws

(a) respecting requirements for plans relating to construction;

(b) respecting standards relating to construction;

(c) respecting standards relating to the design and appearance of buildings;

(d) establishing a system to regulate the condition and maintenance of vacant dwellings or non-residential buildings, or classes of them, which may include provisions respecting

(i) the manner in which the dwellings or buildings must be secured by owners or, on default, may be secured by the city,

(ii) inspections by the city of the condition of the dwellings or buildings, including their interior condition, and

(iii) the length of time that dwellings or buildings may remain boarded up;

(e) respecting permitted degrees of non-conformity with the requirements of a by-law; and

(f) prescribing qualifications for individuals who are engaged in any work in construction.

Inspection of plans

152(1)      The city must cause all plans relating to any construction to be inspected to determine whether the construction will comply with the applicable by-laws.

Approval of plans

152(2)      The city must establish a procedure for approving plans under this section, and no permit or approval respecting the construction shall be issued by the city until the plans have been approved in accordance with that procedure.

Extent of inspections

152(3)      The inspection required under this section must relate to the materials and methods to be used, and the work to be done, in construction.

Report of offence to associations

153(1)      If an employee of the city believes, on reasonable grounds after inspection of a plan, or on the basis of other information relating to any construction, that an offence has been committed under The Engineering and Geoscientific Professions Act or The Architects Act, the employee may inform the Association of Professional Engineers and Geoscientists of the Province of Manitoba or The Manitoba Association of Architects of the circumstances leading to that belief.

Information given on request

153(2)      If the Association of Professional Engineers and Geoscientists of the Province of Manitoba or The Manitoba Association of Architects is investigating any work that a professional engineer or an architect has done, the city may make any information in its possession that relates to the work available to the association on its written request.

No action for providing information

153(3)      No action lies against the city or an employee or agent of the city for providing information under subsection (1) or (2).

Equipment and materials

154         Without limiting the generality of clause 150(c), council may pass by-laws respecting the use of materials, methods and equipment in construction that council considers injurious or potentially injurious to health and safety.

Exception for certain electrical inspections

155         Without limiting the generality of clause 150(d) (inspection of construction), and despite The Electricians' Licence Act and The Manitoba Hydro Act, council may pass by-laws permitting electrical inspections of one- or two-family dwellings, row housing and related buildings and equipment, to be made by an inspector who holds

(a) an electrician's journeyperson licence;

(b) a journeyperson's certificate in another related trade; or

(c) other qualifications acceptable to the city.

Buildings conservation list

156         Without limiting the generality of clause 150(e) (buildings of special interest), council may pass by-laws respecting

(a) the establishment and maintenance of a list of buildings that council considers to be of special architectural or historic interest;

(b) the establishment of criteria and procedures to determine

(i) which buildings should be added to the list, and

(ii) which buildings should be deleted from the list; and

(c) limits and conditions on construction and occupancy in respect of buildings on the list.

Winnipeg Building Commission

157(1)      Without limiting the generality of clause 150(f) (Winnipeg Building Commission), council may pass by-laws

(a) establishing a Winnipeg Building Commission;

(b) respecting rules governing the commission and its practice and procedures;

(c) providing for the appointment of members of the commission and remuneration of such members who are not members of council; and

(d) authorizing the commission to modify or vary a requirement of a by-law passed under section 150 in so far as it applies to the construction of a building, if the commission considers it advisable and expedient because of the proposed use of new methods or materials in the construction.

Powers of commission re existing buildings

157(2)      Where a by-law passed under section 150 requires an alteration to be made to, or equipment to be installed in, an existing building, the Winnipeg Building Commission, on application of any person, or on its own initiative, may decide, subject to The Buildings and Mobile Homes Act, whether the alteration must be made or the equipment installed.

CONSTRUCTION IN FLOODWAY AND FLOODWAY FRINGE AREAS

Regulations by Lieutenant Governor in Council

158(1)      The Lieutenant Governor in Council may make regulations

(a) designating areas of the city as designated floodway areas or designated floodway fringe areas;

(b) establishing floodproofing criteria for buildings constructed in designated floodway areas and designated floodway fringe areas;

(c) designating buildings or classes of buildings that are exempt from complying with floodproofing criteria; and

(d) respecting the circumstances in which an order under subsection (6) to vary floodproofing criteria may be made and the extent to which those criteria may be varied.

Restricted construction in floodway areas

158(2)      Subject to subsection (3), no person shall construct, and the city shall not issue a permit for construction of, works within a designated floodway area unless the works are public service works.

Exception for construction in floodway area

158(3)      If, immediately before a regulation designating a designated floodway area came into force, a person was entitled to a permit for the construction of a building on land within the area,

(a) the city may issue a permit to the person for construction of a building on the land;

(b) the person may construct the building in conformity with the permit; and

(c) all construction done under the permit is subject to all restrictions applicable in a designated floodway fringe area.

Restricted construction in floodway fringe areas

158(4)      Subject to subsection (6), no person shall construct, and the city shall not issue a permit for construction or occupancy of, a building within a designated floodway fringe area unless the building complies with floodproofing criteria.

Permit for superstructure

158(5)      The city shall not issue a permit for construction of the superstructure of a building in a designated floodway area or a designated floodway fringe area until

(a) the foundation of the building is completed; and

(b) a surveyor's certificate, or similar document approved by a designated employee, is filed with the city showing that the elevation of the foundation complies with floodproofing criteria.

Variation of floodproofing criteria

158(6)      Subject to the regulations, an owner of land within a designated floodway fringe area may apply to a designated employee for an order varying the floodproofing criteria in respect of proposed construction of a building on the land.

Order varying floodproofing criteria

158(7)      Subject to the regulations, on receiving an application under subsection (6), a designated employee, if reasonably satisfied that it is impossible or impractical to comply with the floodproofing criteria, may make an order varying the floodproofing criteria in respect of

(a) a new building to be constructed on one of a small number of remaining building sites or the only remaining building site, or on a newly subdivided building site, in an area that is almost fully developed with buildings;

(b) proposed construction in respect of an existing building; or

(c) the replacement of a building that has been destroyed by fire or other peril.

Conditions respecting flood protection

158(8)      An order under subsection (7) may be made subject to terms and conditions that are prescribed in the regulations and that the designated employee considers necessary or desirable, including a prohibition of any payment by the city for flood protection assistance or flood damage assistance.

Province to receive order

158(9)      The city must file with the minister, or a person designated by the minister, a copy of every order made under subsection (7).

WATERWAYS

General authority

159(1)      Council may pass by-laws respecting waterways.

Waterways

159(2)      Without limiting the generality of subsection (1), council may pass by-laws

(a) designating waterways or portions of them, and areas adjacent thereto, as regulated areas and respecting

(i) actions and measures that may alter or maintain

(A) drainage and water flow within the regulated areas, or

(B) stability of banks of waterways and land within the regulated areas, and

(ii) materials and methods used in construction within the regulated areas;

(b) respecting flood control works and other measures considered by council to be necessary to protect persons and property from flooding or the risk of flooding;

(c) subject to subsection (3), respecting construction of buildings in or spanning waterways; and

(d) respecting activities on the frozen surfaces of waterways.

Construction spanning waterways

159(3)      The city must not permit the construction of any building in a waterway or spanning a waterway, except

(a) public service works; or

(b) if a by-law has been passed under clause(2)(c), buildings that conform with the by-law.

S.M. 2004, c. 42, s. 58.

WATER

City to ensure water supply

160(1)      Subject to the provisions of this Act, the city must ensure a supply of water for its citizens.

Powers respecting water

160(2)      For the purpose of carrying out its responsibility under subsection (1), the city may provide water from sources within or outside the province and, for that purpose

(a) has exclusive possession and control of land, works and equipment that form part of, or are used for, its waterworks; and

(b) may, subject to obtaining any necessary rights, licences or approvals from Her Majesty in right of Canada or a province, carry on its operations and exercise its rights in respect of that responsibility outside Manitoba.

Application of by-laws to waterworks system

160(3)      By-laws of the city apply to land, works and equipment that form part of, or are used for, the city's waterworks, whether they are within or outside the city.

By-laws respecting water supply

160(4)      For the purpose of carrying out the city's responsibility and powers under subsections (1) and (2) and without limiting the powers set out in subsection (2), council may pass by-laws respecting

(a) the protection of the city's water supply from health hazards;

(b) the manner, extent and nature of the supply of water from its waterworks to properties;

(c) the installation, movement, connection, disconnection and maintenance of meters and service pipes between properties and water mains and the persons responsible for payment of the costs thereof;

(d) standards and specifications of design for, and maintenance of, connections with waterworks, including requiring measures to be taken or devices to be installed to cut off or control the connection between property and the waterworks; and

(e) the individuals authorized to do the work or make the connections set out in clauses (c) and (d).

WASTE

General authority

161(1)      Council may pass by-laws respecting

(a) the collection, handling, recycling and disposal of solid waste;

(b) the collection, handling, treatment and disposal of wastewater; and

(c) securing the proper drainage of land in the city.

Solid waste

161(2)      Without limiting the generality of clause (1)(a), a by-law authorized under that clause may include provisions

(a) specifying the location where, and manner in which, owners and occupants of property are required to provide receptacles for solid waste;

(b) specifying and authorizing persons who may collect and handle solid waste;

(c) respecting the removal and disposal of solid waste by owners and occupants of property on which the waste originates; and

(d) respecting the establishment and use of sanitary landfill sites, inorganic materials disposal grounds and other facilities for the disposal of solid waste within or outside the city.

Drainage and wastewater

161(3)      Without limiting the generality of clauses (1)(b) and (c), by-laws authorized under those clauses may include provisions respecting

(a) the placing, depositing or discharging of anything in or into a wastewater system or watercourse or on or onto land;

(b) the control, diversion or altering of watercourses, whether covered or not, including watercourses passing through private land;

(c) requirements for owners or occupants of property to construct and maintain works and equipment that council considers necessary for the treatment of wastewater or other health hazard before it is discharged into a wastewater system or watercourse or onto land;

(d) the installation, movement, connection, disconnection and maintenance of meters and service pipes between properties and wastewater systems and the persons responsible for payment of the costs thereof; and

(e) standards and specifications of design for, and maintenance of, connections with wastewater systems, including requiring measures to be taken or devices to be installed to cut off or control the connection between property and the wastewater system and the persons authorized to make the connections.

PUBLIC TRANSPORTATION

General authority

162(1)      Council may pass by-laws respecting local transportation systems and chartered bus services.

Transit and transportation

162(2)      Without limiting the generality of subsection (1), council may pass by-laws

(a) establishing fare zones for transit service;

(b) prescribing the types of chartered bus services that the city may provide;

(c) respecting the provision of transportation services to Birds Hill Provincial Park; and

(d) respecting the provision of transportation to any facility or site owned or operated by the city whether within or outside the city.

Exclusive authority

163(1)      The city has exclusive authority to operate local fixed-fare passenger transportation services within the city except

(a) railways;

(b) taxicabs and school buses as those expressions are defined in The Highway Traffic Act;

(c) motor vehicles operated by a school division or private school for school purposes;

(d) buses operated as a chartered bus service; and

(e) buses owned and operated by a corporation or organization solely for the purposes of the corporation or organization if no fare or fee is charged for transportation in the buses.

Vehicles operated for school purposes

163(2)      Despite any provision of The Highway Traffic Act, motor vehicles operated by a school division or a private school are not, while they are operated within the city, public service vehicles as that expression is defined in subsection 1(1) of that Act.

Agreement for private operation

163(3)      Despite subsection (1), where a person wishes to provide a local transportation service that falls under the exclusive authority of the city under subsection (1) and the person is not providing the service for or on behalf of the city, the city may, at the person's request, enter into an agreement with the person under which the person will operate a local passenger transportation service of such kind and in such part of the city as is specified in the agreement; but

(a) before beginning to operate the service the person must obtain from The Public Utilities Board approval of the agreement and be authorized by that board to operate a local transportation service in the city; and

(b) the operation of the service is, in all respects, subject to the authority and supervision of that board.

AMBULANCE SERVICES

General authority

164         Council may pass by-laws respecting ambulance services.

FIRE PROTECTION

General authority

165(1)      Council may pass by-laws respecting

(a) the prevention and suppression of fires; and

(b) the protection of persons and property endangered by fires.

Fire protection

165(2)      Without limiting the generality of subsection (1), council may pass by-laws respecting

(a) the demolition of buildings adjacent to a fire to prevent the fire from spreading;

(b) acts, practices, conditions or things that may cause or aggravate fires; and

(c) the prevention of fires or reducing the danger of damage, injury or loss of life from fires.

POLICE

General authority

166(1)      Council may establish, and pass by-laws respecting, a police service.

Composition of police service

166(2)      The police service of the city consists of a chief of the police service and such other members as council may authorize.

Restrictions on by-laws

166(3)      A by-law passed under the authority of subsection (1) may only contain provisions

(a) prescribing the ranks, positions and duties of the members of the police service;

(b) for the organization, government, administration, control, discipline, well-being and efficiency of the police service; and

(c) respecting punishment for offences and breaches of discipline by members of the police service.

Duties of members of police service

166(4)      Subject to by-laws passed under the authority of subsection (1), every peace officer who is a member of the police service must

(a) perform all duties assigned to the officer in relation to the preservation of peace, the prevention of crime and offences against laws in force in Manitoba and the apprehension of criminals and offenders and others who may lawfully be taken into custody;

(b) execute all warrants and perform all duties that under the laws in force in Manitoba may lawfully be executed or performed by peace officers; and

(c) perform such other duties and functions as may from time to time be assigned to them by the chief of the police service.

Committee for investigation of conduct of police

167         Council may appoint a committee of individuals who are not members of council to investigate conduct of a member of the police service, and on being appointed the committee has the powers and protection of a commissioner appointed under The Manitoba Evidence Act.

Lock-ups

168         The city may establish lock-ups for the detention of individuals

(a) charged with an offence and ordered by a court of competent jurisdiction to be remanded in custody;

(b) sentenced to imprisonment for a term of not more than 30 days for a contravention of a by-law; or

(c) waiting to be conveyed to a correctional institution or penitentiary.

ARBITRATION IN COLLECTIVE BARGAINING WITH POLICE SERVICES

Definitions

169(1)      In this section and sections 170 to 173, and in applying any provision of The Firefighters and Paramedics Arbitration Act that applies for the purposes of this Act,

"arbitration board" means an arbitration board established under section 171; (« conseil d'arbitrage »)

"bargaining agent" means the Winnipeg Police Association; (« agent négociateur »)

"collective agreement" means a collective agreement entered into between the city and the bargaining agent in respect of members of the police department; (« convention collective »)

"members of the police department" means the members of the police service of the city who are members of the bargaining unit in respect of which the bargaining agent is certified under the principal Act; (« policiers »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of the principal Act; (« ministre »)

"principal Act" means The Labour Relations Act. (« loi principale »)

Words and expressions in principal Act

169(2)      Except where the context otherwise requires, and subject to subsection (1), words and expressions used in this section and sections 170 to 173 have the same meaning as they have in the principal Act.

S.M. 2002, c. 58, s. 16.

Application of principal Act

170         Except as provided in sections 171 to 173, the provisions of the principal Act respecting collective bargaining apply to collective bargaining between the city and the bargaining agent and, where in any situation there is a conflict between any of those sections and a provision of the principal Act, the section of this Act prevails.

Application for arbitration board

171(1)      Where

(a) the city or the bargaining agent has given notice to the other to commence collective bargaining with a view to the conclusion of a collective agreement;

(b) three months have elapsed since the notice was given;

(c) any collective agreement in effect at the time the notice was given would, but for subsection 173(3), have ceased to be in effect; and

(d) the city and the bargaining agent have not concluded a new collective agreement or a renewal or revision of an existing or former collective agreement;

either or both of them may apply to the minister to appoint an arbitration board.

Establishment of arbitration board

171(2)      Where the minister receives an application under subsection (1), the minister may establish an arbitration board

(a) to deal with the dispute that has arisen in the collective bargaining between the city and the bargaining agent; and

(b) to formulate a collective agreement, or the renewal or revision of an existing or former collective agreement.

Appointment of members of arbitration board

171(3)      Except as otherwise provided in this section,

(a) the provisions of the principal Act respecting the membership and appointment of the members and chairperson of a conciliation board apply, with necessary changes, to and in respect of the membership and appointment of members and chairperson of an arbitration board; and

(b) on appointment of an arbitration board under this section, the provisions of the principal Act respecting the procedures, powers, duties, privileges and awards of an arbitration board appointed under that Act apply to and in respect of the arbitration board.

Failure to appoint chairperson

171(4)      Where the two members of an arbitration board nominated by the city and the bargaining agent fail or neglect to nominate a third individual to be a member and chairperson of the arbitration board within the time prescribed under subsection 98(4) (chairperson nominated by other members) of the principal Act, the minister shall report that fact to the Chief Justice of Manitoba who shall

(a) select an individual willing and ready to act as a member and chairperson of the arbitration board; and

(b) shall notify the minister of the individual selected.

Work of arbitration board

172(1)      Subsections 10(2) and (3) (terms of reference) and sections 11 (awards), 13 (lockouts and strikes prohibited), 14 (expenses and assistance) and 15 (penalties) of The Firefighters and Paramedics Arbitration Act apply, with necessary changes, as though those provisions were set out in this Act.

Changes in applying provisions

172(2)      In applying provisions of The Firefighters and Paramedics Arbitration Act referred to in subsection (1),

(a) all references to "a municipality" or "the municipality" shall be read as references to "the city"; and

(b) all references to "firemen" shall be read as references to "members of the police department".

S.M. 2002, c. 58, s. 16.

Commencement of agreement or award

173(1)      Every collective agreement, and every award made by an arbitration board, has effect on and after the first day after the day that any collective agreement in effect at the time the notice to commence collective bargaining was given by the city or the bargaining agent to the other would, but for subsection (3), have ceased to be in effect, whether or not the city has made, or can make, provision for any additional expenditures arising from the agreement or award for the year in which it comes into effect or any part of that year.

Term of agreement

173(2)      Subject to subsection (3), every collective agreement remains in effect for the term specified in the agreement.

Continuation of agreement and award

173(3)      After the end of the period during which a collective agreement or an award by an arbitration board remains in effect as provided in subsection (2), the agreement or award continues in effect until it is replaced by a new collective agreement or award, as the case may be.

DIVISION 2

EXERCISING BY-LAW MAKING AUTHORITY

General powers in exercise of authority

174         Without limiting the generality of any other provision of this Act, council may, in a by-law passed under this Act,

(a) regulate or prohibit;

(b) adopt by reference, in whole or in part, with or without changes or additions, any code or standard made or recommended by the Government of Canada or a province or by a recognized technical or professional organization, and require compliance with the code or standard;

(c) deal with any activity, development, construction, industry, business, property, animal or thing in different ways, or divide any of them into classes and deal with each class differently;

(d) provide for a system of licences, permits or approvals, and procedures for making and dealing with applications for licences, permits and approvals, including any or all of the following:

(i) the form and content of applications for licences, permits or approvals,

(ii) prohibiting an activity, business, development, construction, industry or thing until a licence, permit or approval is granted in respect of it,

(iii) providing for the duration of licences, permits and approvals,

(iv) providing that terms and conditions may be imposed on any licence, permit or approval and providing for the nature of the terms and conditions and when, how and by whom they may be imposed,

(v) providing for the refusal to grant licences, permits or approvals,

(vi) providing for the suspension, cancellation or revocation of licences, permits or approvals and other remedial actions in respect of them,

(vii) the charging, including the method of calculating the charges, and collection of the costs of inspections made and remedial actions taken in respect of licences, permits and approvals or in respect of codes or standards adopted under clause (b),

(viii) requiring persons to whom licences, permits or approvals are granted to obtain and keep in effect policies of insurance for public liability for the protection of persons who might suffer loss or damage directly or indirectly from the business or activity, or the use of the property, to which a licence, permit or approval relates,

(ix) providing for the posting of a bond or the deposit of other securities

(A) to ensure compliance with the terms and conditions of a licence, permit or approval, or

(B) to protect and indemnify the city or any other person against any loss or damage that the city or the other person may suffer arising directly or indirectly from the business or activity, or the use of the property, to which a licence, permit or approval relates;

(e) require the person responsible to produce prescribed information and documents for the purpose of

(i) administering or enforcing any provision of this Act or any by-law respecting businesses, construction, development or property or any activity,

(ii) an application in respect of a licence, permit or approval, or

(iii) determining the cost of construction; and

(f) except where a right of appeal is provided by this or any other Act, provide for appeals.

DIVISION 3

ENFORCEMENT AND BY-LAWS RESPECTING ENFORCEMENT

General powers respecting enforcement

175         Council may pass by-laws

(a) providing for the enforcement of the provisions of this Act and of by-laws, including inspections, for determining whether persons are complying with the provisions of this Act and of by-laws;

(b) authorizing remedies for contraventions of by-laws, including seizing, removing, destroying, impounding, detaining on premises, confiscating and selling or otherwise disposing of food, drinks, plants, animals, birds, vehicles, substances or other chattels related to a contravention;

(c) establishing penalties for offences under section 177 (offences) and, subject to section 179 (limitation on penalty fixing), establishing

(i) minimum and maximum penalties for offences,

(ii) minimum and maximum penalties for second or subsequent offences, and

(iii) a progressive fine structure for voluntary payment of fines;

(d) providing other remedies for contraventions of by-laws, including, without limiting the foregoing,

(i) the imposition of a monetary penalty for a contravention of a by-law that is in addition to a fine or imprisonment if the penalty relates to a fee, rate, charge or cost that is associated with the conduct that gives rise to the contravention, or is related to the enforcement of the by-law,

(ii) the collection of monetary penalties mentioned in subclause (i) in any manner in which a tax imposed by the city may be collected under this Act,

(iii) without affecting any other remedy for the contravention of a by-law, the seizure and sale of the goods, wherever found, of a person carrying on an activity or business without a licence, permit or approval contrary to a by-law, to enforce payment of the fee or charge for the licence and the costs of the seizure and sale, and

(iv) the method of calculating and the charging and collecting costs incurred in respect of any action taken to enforce a by-law, including, where the person responsible for the contravention of a by-law in respect of which such action is taken is the owner of real property in the city, adding the amount of those costs to real property taxes on the property to be collected in the same manner as, and with the same priorities as, those taxes.

SPECIAL CONSTABLES AND ENFORCEMENT OFFICERS

Appointment of enforcement officers

176(1)      Council may designate enforcement officers and prescribe their powers, duties and functions.

Appointment of special constables

176(2)      Council may, for the purposes of the city, appoint employees or other individuals as special constables, who have the powers and privileges and are subject to the same liabilities as a constable appointed under The Provincial Police Act.

Status of special constables

176(3)      For the purposes of The Law Enforcement Review Act, special constables appointed under subsection (2) are not police officers and are not members of a police department.

OFFENCES AND PENALTIES

Offences

177(1)      Every person is guilty of an offence who contravenes

(a) a provision of this Act or a regulation made under this Act;

(b) a by-law or resolution made under this Act;

(c) an order made under this Act or a by-law;

(d) a provision of another Act which, by this Act, is made applicable to the city or to proceedings taken or things done under this Act; or

(e) a development agreement that the city has entered into with the person under section 240 (development agreements).

Separate offences

177(2)      Where a contravention mentioned in subsection (1) continues for more than one day, the person is guilty of a separate offence for each day the contravention continues.

Directors and officers of corporations

177(3)      Where a corporation commits an offence under subsection (1), a director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of the offence.

General penalty

178(1)      Where no other penalty is established under this Act or a by-law for an offence under section 177, every person who is guilty of the offence is liable on summary conviction

(a) in the case of an individual, to a fine of not more than $1,000., or imprisonment for a term of not more than six months, or both; and

(b) in the case of a corporation, to a fine of not more than $5,000.

Consent payments

178(2)      A by-law establishing a penalty under subsection (1) may provide that a person who contravenes a provision described in subsection 177(1) may pay an amount established by by-law and if the amount is paid, the person will not be prosecuted for the contravention.

Orders in addition to penalty

178(3)      Where a person is convicted of a contravention of a provision of this Act or a by-law, a justice may, in addition to imposing a penalty established under this Act or a by-law, order the person to do one or both of the following:

(a) comply with the provision that the person contravened;

(b) pay to the city the amount of costs incurred by the city as a result of the contravention.

Conditions for fine payment

178(4)      When imposing a fine established under this Act or a by-law, a justice

(a) shall set a time limit for payment of the fine; and

(b) may

(i) where the fine is imposed on an individual, impose a term of imprisonment to be served if the fine is not paid within the time limit, or

(ii) where the fine is imposed on a corporation, order that the city may distrain goods and chattels of the corporation if the fine is not paid within the time limit.

Limitation on penalty fixing

179         Council does not have authority under section 175 (power respecting enforcement) to establish

(a) a term of imprisonment as a minimum penalty for an offence; or

(b) a term of imprisonment greater than six months as a maximum penalty for an offence.

INSPECTIONS AND ORDERS

Inspections

180(1)      If this Act, another enactment or a by-law authorizes or requires anything to be inspected, remedied, enforced or done by the city, a designated employee may, after giving reasonable notice to the owner or occupant of the land or building to be inspected or tested, or in which the thing to be inspected or tested or in respect of which the remedy, enforcement or action is authorized or required is located,

(a) enter the land or building at any reasonable time, and carry out the inspection, enforcement or action authorized or required by the Act or by-law;

(b) request that anything be produced to assist in the inspection, remedy, enforcement or action;

(c) make copies of a record, document, or thing related to the inspection, remedy, enforcement or action; and

(d) on providing a receipt, remove a record, document, or thing, if it is relevant to the inspection.

Identification of designated employee

180(2)      A designated employee exercising any authority under subsection (1) or section 182 must, upon request, display or produce identification showing that he or she has been designated as an employee who may exercise that authority.

No notice in emergencies

181         In an emergency, or in extraordinary circumstances, a designated employee need not give reasonable or any notice to enter land or a building and may do any of the things referred to in subsection 180(1) without the consent of the owner or occupier of the land or building and without a warrant.

Inspection programs conducted by public notice

182(1)      Council may by by-law appoint designated employees who may, at reasonable times, and in accordance with a public notice of an inspection program, enter on and inspect land in the city to determine whether by-laws authorized by the following provisions are being complied with:

(a) clause 130(a) (nuisance);

(b) section 131 (property adjacent to streets);

(c) section 134 (health, safety and well-being);

(d) clause 150(d) (inspections of construction and construction activity);

(e) section 159 (waterways);

(f) subsection 160(4) (by-law respecting water supply);

(g) section 161 (waste);

(h) section 165 (fire protection).

Public notice of inspections

182(2)      A public notice of an inspection program must include a general description of

(a) the purpose of the inspection;

(b) when the inspections may take place; and

(c) the neighbourhood, district or area of the city in which the inspections will occur.

Council may reappoint employee

182(3)      A by-law appointing an employee under subsection (1) expires one year after it is passed, but council may by by-law reappoint the employee.

Entry for inspection under public notice

182(4)      In accordance with a public notice under this section, a designated employee may enter and inspect land.

Liability for damages

182(5)      The city is liable for any damage arising from the entry of a designated employee upon land under the authority of this section.

Application for warrant

183(1)      If the owner or occupier refuses to allow or interferes with the entry, inspection, enforcement or action referred to in section 180 or 182, a justice who is satisfied by information under oath that entry to the land or building is necessary in the circumstances shall, on application of the city, issue a warrant authorizing the individual named in the warrant to enter the land or building.

Application before entry attempted

183(2)      The city may apply for, and a justice may issue, a warrant under this section before any attempt is made to enter the land or building affected.

Daytime execution of warrant

183(3)      A warrant issued under subsection (1) shall be executed during daylight hours unless the warrant authorizes it to be executed during the night.

Order to remedy contravention

184(1)      A designated employee who finds that this Act, another enactment that the city is authorized or required to enforce, or a by-law is being contravened, may, by written order, require the person responsible for the contravention to remedy it and shall serve the order on the person.

Content of order

184(2)      An order under subsection (1) may

(a) direct the person to stop doing something, or to change the way in which the person is doing it;

(b) direct the person to take any action or measure necessary to remedy the contravention, including the demolition or removal of a building;

(c) direct the person to vacate a premises and forbid its use or occupancy;

(d) specify a time within which the person must comply with the order; and

(e) state that if the person does not comply with the order within the specified time, the city will take the action or measure ordered at the expense of the person.

Registration of order

184(3)      If an order made under subsection (1) or 158(7) (variation of floodproofing criteria) relates to a parcel of land or to a building on a parcel of land, the city may register the order by way of caveat against the parcel in the land titles office.

Content of registered order

184(4)      An order under this section may be registered only if it includes

(a) a description of the parcel of land that the order relates to; and

(b) a statement that the land, or a building or structure on the land, does not comply with this Act, another enactment that the city is authorized or required to enforce, or a by-law.

District registrar to register order

184(5)      The district registrar shall register the order against the title or abstract of title of the land described in the order.

Subsequent purchasers are deemed served

184(6)      A person who acquires an interest in land on or after the date on which an order is registered under subsection (3) is deemed to have been personally served with the order on the date of registration.

Discharge of order

184(7)      Where an order registered under this section is no longer relevant, the city shall register a notice of discharge in the land titles office in a form prescribed under The Real Property Act.

City remedying contravention etc.

185(1)      Where

(a) a person has been served with an order under section 184;

(b) the person to whom the order was directed has not complied with the order within the time specified in it; and

(c) the time within which an appeal against the order may be taken has expired or, if an appeal against the order was taken, the appeal has been decided and the decision

(i) confirms the order, or

(ii) varies the order, but the person has not complied with the order as varied;

the city may, subject to subsection (3), take any action or measure that is referred to in the order and that is reasonable to remedy the contravention, and in so doing the city may do any work on adjoining land or buildings that is necessitated by the city remedying the contravention.

Closure of building and removal of occupants

185(2)      If the actions or measures taken by the city under subsection (1) are for the purpose of removing or demolishing a building, eliminating a danger to public safety or property or putting a building into a sanitary or a safe condition, the city may close the building and use reasonable force to remove the occupants of the building and restrict entry to the building except for the purpose of carrying out the actions and measures.

Notice before removal or demolition

185(3)      The city must not remove or demolish a habitable building, or a structure that is an accessory to a habitable building, under subsection (1) unless

(a) the order is issued under clause 184(2)(b) and includes a statement that the building or structure could be removed or demolished if the order is not complied with; and

(b) the order is served on the owner of the building or structure personally or by such substitutional service as the Court of Queen's Bench may order on application by the city.

Emergencies

186(1)      Despite any other provision of this Act, when an emergency arises that affects the health or safety of persons or affects property,

(a) the city may take whatever actions and measures are necessary to meet the emergency and to eliminate or reduce its effects; and

(b) no appeal may be taken under section 189 from a decision made to enforce or carry out any action or measure taken under this section or from an order mentioned in subsection (3).

Application

186(2)      This section applies whether or not the emergency involves a contravention of this Act, another enactment or a by-law that the city is authorized or required to administer or enforce.

Compliance with order

186(3)      A person who receives an oral or written order under this section requiring the person to provide labour, services, equipment or materials must comply with the order.

Remuneration for compliance

186(4)      A person who, in compliance with an order received under this section, provides labour, services, equipment or materials and who did not cause or contribute to the emergency is entitled to reasonable remuneration from the city.

Costs

187(1)      The costs incurred by the city in taking actions or measures under section 185 or 186, including remuneration referred to in subsection 186(4), are a debt due and owing to the city

(a) in the case of actions and measures taken under section 185 to remedy a contravention of an Act or by-law, by the person contravening the Act or by-law or responsible for the contravention; and

(b) in the case of actions or measures taken under section 186 to meet or eliminate an emergency, by the person, if any, who caused the emergency;

and, if that person is the owner of real property in the city, may be added to the real property taxes on the property and collected by the city in the same manner and with the same priorities as those taxes.

Proceeds of sale

187(2)      Where the city takes actions or measures to remove or demolish a building and sells all or part of the building or any equipment or materials that remain after the removal or demolition, the proceeds of the sale must be used to offset the costs incurred by the city in taking the actions or measures, and any balance remaining must be paid

(a) to the person who would be liable under subsection (1) to pay those costs; or

(b) if another person claims the balance, into the Court of Queen's Bench to be paid out as the court orders.

Application to court to enforce by-law

188         The city may apply to the Court of Queen's Bench for an injunction or other order to enforce a by-law or to restrain a contravention of a by-law or of this or any other Act without initiating a prosecution in respect thereof, and the court may grant or refuse to grant the injunction or other order or make any other order that the court considers fair and just.

APPEALS

Appeals to designated hearing bodies

189(1)      A person

(a) to whom an order under section 184 (order to remedy contravention) is directed; or

(b) who is aggrieved by

(i) an order or decision of the Winnipeg Building Commission or a planning commission, or

(ii) an order or decision of a designated employee in respect of issuing, granting, suspending or cancelling, or refusing to issue or grant, a licence, permit, approval or consent;

may appeal the order or decision to a hearing body designated by council by filing a written notice of appeal.

Notice of appeal

189(2)      A notice of an appeal under subsection (1) shall identify the order or decision being appealed and must be served on the city

(a) where the appeal is from an order made under section 184 (order to remedy contravention) and the time specified therein for complying with the order is less than 14 days, within the time so specified; and

(b) in any other case, within 14 days, or such longer period as is specified in a by-law, after the day the person received or is deemed to have received the order or notice of the decision, as the case may be.

Where decision or order not appealed

189(3)      Where a decision or order is not appealed within the time specified in subsection (2), the decision or order is final.

Notice of appeal hearing

189(4)      If the order appealed under subsection (1)

(a) sets out the hearing body, and the date, time and place for hearing any appeal, no further notice of the hearing need be given; and

(b) does not set out the information in clause (a), the appellant must be served with notice of the hearing of the appeal in accordance with section 114.

Hearing date

189(5)      The date of a hearing set out in an order referred to in clause (4)(a) may be less than 14 days after the person is served if the time for compliance specified in the order is also less than 14 days.

Powers of hearing body

189(6)      A designated hearing body to which an appeal is taken must hold a hearing on the appeal and may confirm, vary or cancel the order or decision or substitute a new order or decision for it.

Decision final

189(7)      Unless there is a further right of appeal provided for, every decision of a designated hearing body made in an appeal under this section is final and no appeal may be taken in respect of the decision.

Application of section 58

189(8)      Section 58 (mayor as ex officio member of committees) does not apply to a hearing body that holds a hearing under this section.

S.M. 2004, c. 42, s. 58.

DIVISION 4

DERELICT PROPERTY

Definitions

190(1)      In this Division,

"derelict building by-law" means a by-law passed under clause 151(d) that regulates the condition and maintenance of vacant dwellings or non-residential buildings; (« règlement municipal sur les bâtiments abandonnés »)

"derelict property" means real property under the operation of The Real Property Act upon which is located a vacant dwelling or non-residential building that is not in compliance with the derelict building by-law. (« bien abandonné »)

Interpretation: evidence property is derelict

190(2)      For the purposes of this Division, a property is a derelict property only if

(a) the registered owner of the property has been found guilty of contravening a derelict building by-law; and

(b) a designated employee certifies by statutory declaration that the property continues to be in contravention of the derelict building by-law.

By-law re derelict building certificates

191(1)      Council may by by-law establish a process for issuing derelict building orders and derelict building certificates in respect of derelict properties.

Public hearing required

191(2)      A public hearing must be held before a by-law is passed under subsection (1), and for that purpose, subsections 17(4) to (6) apply, with necessary changes.

Content of by-law

191(3)      A by-law made under subsection (1) must include provisions respecting

(a) the issuance of preliminary derelict building orders by designated employees, including

(i) the form and content of the order, which must include a statement that the property is a derelict property and that it may be transferred to the city if it is not brought into compliance with the derelict building by-law,

(ii) the minimum time period within which the registered owner must bring the property into compliance with the derelict building by-law, which must be at least 60 days,

(iii) the right of a person served with an order to appeal the order, or the time period set out in it for bringing the property into compliance, and

(iv) the time period for filing an appeal, which must be at least 30 days after the order is served;

(b) the process to be followed by designated employees in making applications for derelict building certificates; and

(c) the form and content of statutory declarations made by designated employees under this Division.

Appeals to committee of council

191(4)      An appeal in respect of a preliminary derelict building order must be heard by a designated committee of council.

Orders must be served and filed

192(1)      A preliminary derelict building order must be

(a) promptly registered by way of caveat against the derelict property in the land titles office; and

(b) served on the registered owner of the derelict property and every person who appears from the records in the land titles office to have an interest in the property, personally or by such substitutional service as the district registrar may order on application by the city.

Content of registered orders

192(2)      An order may be registered only if it includes a legal description of the land that the order or certificate relates to and a statement that it is a derelict property.

District registrar to register order

192(3)      The district registrar must register the order against the title of the land described in the order.

Subsequent purchasers are deemed served

192(4)      A person who acquires an interest in land on or after the date on which an order is registered under subsection (3) is deemed to have been personally served with the order on the date of registration.

Change in ownership does not affect process

192(5)      If a person acquires an interest in derelict property on or after the date on which a preliminary derelict building order has been registered under this Division, the property does not cease to be a derelict property because the person acquiring an interest has not been convicted of contravening the derelict building by-law.

Application for derelict building certificate

193(1)      A designated employee may make an application for a derelict building certificate only if

(a) a preliminary derelict property order was issued in respect of the property;

(b) the time period provided in the preliminary derelict building order for bringing the property into compliance with the derelict building by-law has expired; and

(c) the time within which an appeal against the order may be taken has expired or, if an appeal against the order was taken, the appeal has been decided and the decision

(i) confirms the order, or

(ii) varies the order, but the person has not complied with the order as varied.

Application to EPC or standing committee

193(2)      An application for a derelict building certificate is to be made to a designated committee of council, which must be the executive policy committee or a standing committee of council.

Issuance of derelict building certificate

193(3)      On receiving an application for a derelict building certificate, the designated committee of council may by resolution issue the certificate if

(a) there is evidence that the property continues to be a derelict property; and

(b) in the opinion of the designated committee of council, there is a satisfactory plan for redeveloping the property.

Registration of derelict building certificate

193(4)      A derelict building certificate must be promptly registered by way of caveat against the derelict property in the land titles office, and subsections 192(2) to (5) apply, with necessary changes, to the registration of the certificate.

Discharge of orders and certificates

194(1)      If at any time a designated employee is satisfied that a property against which an order or certificate has been registered under this Division has been brought into compliance with the derelict building by-law, the city must promptly register a discharge of

(a) the order in the land titles office in a form prescribed under The Real Property Act; and

(b) any application for transfer commenced under subsection 195(1).

Process must recommence

194(2)      If, in respect of a property, an order registered by the city is discharged, no new order may be registered against it unless the registered owner is again found guilty of contravening the derelict building by-law.

City's application for title

195(1)      Within the period of not less than 30 days and not more than 120 days after a derelict building certificate has been registered against a derelict property, the city may apply to the district registrar for a certificate of title to the property to be issued in the name of the city.

How application to be treated

195(2)      An application under subsection (1) must be dealt with as an application for transmission under The Real Property Act.

Failure to make application

195(3)      If the city fails to make an application under subsection (1) in respect of the property within the period provided in that subsection,

(a) the property ceases to be affected by the derelict property certificate; and

(b) the district registrar may, without notice to the city, vacate the registration of the derelict property certificate on any subsequent registration affecting the property.

Notice to interested persons of application for title

196(1)      If the city makes an application under subsection 195(1) for title to the property, the district registrar must require the city to give notice of the application to

(a) the registered owner of the property, by personal service; and

(b) every person who appears from the land titles records to have an interest in the property, by any delivery service whereby the sender is provided with an acknowledgment of receipt.

Contents of notice

196(2)      Each notice given under this section in respect of an application for title to derelict property must indicate that unless the property is brought into compliance with the derelict building by-law within 90 days after the notice is given to the registered owner and the interested persons, a certificate of title to the property will be issued in the name of the city.

Application for substitutional service

196(3)      If the city is unable serve a person or obtain an acknowledgement of receipt, the city may apply to the district registrar for an order of substitutional service.

Directions for substitutional service

197(1)      If the city makes application for an order of substitutional service under clause 192(1)(b) or subsection 196(3), the district registrar may grant the order of substitutional service of the order or notice on any person required to be served with it.

Compliance with order

197(2)      Proof of compliance with directions for substitutional service on a person of an order or notice required under this Division is deemed to be proof of service of the notice on the person.

No claim in respect of property

198         Every person required under subsection 196(1) to be served with a notice in respect of an application for title to the derelict property who does not, before the expiry of 90 days after receiving the notice under section 196, challenge the derelict building certificate under section 201, is forever estopped and debarred from setting up any claim to or in respect of the property.

Issue of title

199(1)      On an application for title to derelict property made by the city and on the expiry of the 90 day period in section 198, the district registrar must issue a certificate of title under The Real Property Act vesting the property in the name of the city, if

(a) the city has filed with the district registrar acknowledgments of receipt or other evidence of service of the notices required under this Division;

(b) the district registrar has received evidence that the property does not comply with the derelict building by-law; and

(c) a pending litigation order under section 201 has not been filed in the land titles office in respect of the property.

Validity of title

199(2)      A certificate of title to real property issued under subsection (1) has, in every respect, the same effect as any other certificate of title issued under The Real Property Act and, except as otherwise provided in that Act, extinguishes every interest in, and right in respect of, the property that arose or existed in the property before it was transferred to the city.

District registrar not obliged to inquire

200(1)      The district registrar is not obliged to ascertain or inquire into the designation of an employee or the regularity or lawfulness of any proceedings in respect of

(a) a preliminary derelict building order or derelict building certificate issued under a by-law passed under this Division; or

(b) evidence that the property does not comply with the derelict building by-law.

No action against district registrar

200(2)      An action does not lie and is not maintainable against the district registrar, the land titles office or the government for damages that may accrue because of an action by the district registrar or the land titles office under this Division.

Setting aside derelict building certificate

201(1)      A derelict building certificate shall not be annulled, set aside or declared illegal except on the grounds that

(a) the preliminary derelict building order was not served and filed in accordance with section 192;

(b) the derelict building certificate was not registered in accordance with subsection 193(4); or

(c) the property is not a derelict property.

Action to set aside derelict building certificate

201(2)      A person wishing to challenge a derelict property certificate under subsection (1) must, within 30 days after the date the derelict building certificate was registered or within 90 days after receiving notice under section 196,

(a) bring an action in the Court of Queen's Bench to set aside the derelict building certificate; and

(b) obtain a pending litigation order and file it in the land titles office.

DIVISION 5

CORPORATE POWERS

GENERAL POWERS

Rights and liabilities of a corporation

202         Subject to this Act, the city has all the rights and is subject to all the liabilities of a corporation.

Ancillary powers

203         Where a power is expressly given under this Act to the city or council to do, or enforce the doing of, any act or thing,

(a) all powers that are necessary or convenient to enable the city or council to do, or enforce the doing of, the act or thing are deemed also to have been given to the city or council, as the case may be; and

(b) if the doing by the city or council of any act or thing expressly authorized is dependent on the doing of any other act or thing not expressly authorized, the city or council, as the case may be, has the power to do that other act or thing.

PROPERTY

General powers

204         Without limiting the generality of any other provision of this Act, the city may, for its purposes,

(a) acquire, hold, encumber, mortgage, lease, dispose of, and otherwise deal with, land, improvements and personal property, or interests in land, improvements and personal property, whether within or outside the city; and

(b) lease or otherwise authorize the use of space or air rights above or below the established grade level of a street.

Dealing with property

205(1)      Without limiting the generality of clause 204(a), the city may, for its purposes

(a) acquire property by lease, purchase, exchange or gift, and on terms and conditions acceptable to the city;

(b) expropriate land and improvements in accordance with The Expropriation Act;

(c) acquire and grant options to purchase, lease or sell property;

(d) dispose of, by sale, assignment, lease, exchange or gift, and on terms and conditions acceptable to council, property of the city, or any interest in or right to property, that council considers no longer necessary for the purposes of the city, or in the case of leasing the property, not needed immediately for the purposes of the city;

(e) accept a mortgage or other encumbrance as security for the sale price of property disposed of by the city; and

(f) acquire property offered or transferred to it in partial or full settlement or payment of, or as security for, any indebtedness owing to the city, or any lien or charge on property or any right to such a lien or charge.

Restriction on disposal of park land

205(2)      Despite clause (1)(d), no land owned by the city and used for park or cemetery purposes on the day this Act came into force or acquired after that date by the city for park or cemetery purposes may be disposed of without approval by a vote of 2/3 of all members of council.

Lease of land held for street

205(3)      Where title to land is vested in the Crown or in the name of the city for the purpose of a street and the possession and control of the land are vested in the city and it is not expedient to construct a street on the land immediately, the city may lease or use the land until it is required for the construction of the street.

Acquiring and assembling land

205(4)      The powers referred to in section 204 and subsections (1) and (3) may be exercised by the city for the purpose of

(a) assembling or assisting in the assembly of land for residential, recreational, commercial or industrial development or redevelopment and for rights-of-way for future streets and land abutting them; and

(b) acquiring additional land as part of a lease, purchase, exchange, gift or expropriation, if for any reason the city considers it advantageous to do so.

Dealing with assembled or acquired land

205(5)      The power to assemble or acquire land under subsection (4) includes the power to hold, lease, sell, exchange or otherwise dispose of the land, or any part of it, on such terms and conditions as the city considers advisable.

Entry for expropriation purposes

206(1)      Council may, for the purposes of determining whether to expropriate land, authorize an employee or other person to enter upon the land to conduct surveys, appraisals and tests, and a person so authorized may enter upon the land for that purpose.

Entry for locating works

206(2)      A designated employee may enter upon land at a reasonable time for the purpose of making surveys, examinations and tests for locating and setting out the site of proposed works.

Liability for damages

206(3)      The city is liable for any damage arising from the entry under authority of subsection (2) by a designated employee upon land.

Land owned in other municipalities

207         Subject to the provisions of this Act, where the city holds land in another municipality, the land remains subject to the jurisdiction of that other municipality unless

(a) the city and that other municipality otherwise agree; or

(b) where the land is acquired by expropriation, The Municipal Board otherwise orders under subsection 8(4) of The Expropriation Act.

Use of city works

208         Where works are operated or constructed by the city, the city may grant to any person the right to use the works subject to conditions specified by the city.

PUBLIC SERVICES AND FACILITIES

General authority

209(1)      Without limiting the generality of any other provision of this Act, the city may for its purposes

(a) acquire, establish, extend, construct, improve, maintain, operate, provide and equip works, services, facilities and utilities within or outside the city;

(b) deal in any by-products resulting from, or incidental to, the operation of any undertaking mentioned in clause (a);

(c) acquire, deal in and use intellectual property, licences, privileges, water power, water power rights and licences and rights and licences to use and extract water;

(d) do all things necessary or required to join any of the city's works to privately owned property and to seal or weatherproof the works;

(e) authorize persons to operate or carry on a commercial or other activity on land owned or controlled by the city; and

(f) use city equipment, materials and labour to provide services or to do work on private property.

Powers under subsection (1)

209(2)      For the purpose of exercising the city's powers under subsection (1), the city may

(a) set terms and conditions under which commodities or services are supplied to consumers or property;

(b) prescribe the method of determining the amount of use or consumption of any of the commodities or services mentioned in clause (a), including the estimating of the use or consumption;

(c) without limiting the generality of section 210, establish, charge and collect prices, rates, fees, deposits and other charges

(i) for the use, consumption by consumers, or provision by the city, of commodities, equipment, works, services or things provided by the city, or

(ii) for the use of, or connection to, works or property owned by, or under the direction, control and management of, the city;

(d) regulate or prohibit the reselling or giving away of any of the commodities or services mentioned in clause (a) or disposing of them in any manner other than consuming them on the property to which they are supplied;

(e) regulate or prohibit the use or the waste of any of the commodities or services mentioned in clause (a), or the taking or using of them fraudulently or in a quantity or at a rate that is greater than is specified in a by-law;

(f) subject to section 183 (warrant for entry), provide for a right of entry by designated employees onto private property for the purpose of connecting, disconnecting or maintaining a service or the means of delivering any of the commodities or services mentioned in clause (a) or for the purpose of reading meters in respect thereof;

(g) provide for the connections that may be made to pipes, wires or equipment belonging to the city for the purpose of obtaining any of the commodities or services mentioned in clause (a) including, without limiting the generality of the foregoing, the number of such connections, the individuals authorized to make the connections, the standards to be met in making the connections and the type of equipment or apparatus to be used in making the connections; and

(h) provide for the discontinuance or the disconnecting of a service or the means of delivering any of the commodities or services mentioned in clause (a) and refusing to provide a service or to deliver those commodities to users or consumers who fail to comply with terms and conditions.

Fees and charges

210(1)      The city may, if authorized by council, establish

(a) the method of calculating the prices, rates, fees, deposits or other charges, which may vary depending on the type of use or consumption, the quantity used or consumed, or the type of property in which use or consumption takes place; and

(b) fees, and the method of calculating and the terms of payment of fees, for

(i) applications,

(ii) filing appeals under this Act or a by-law,

(iii) permits, licences, consents and approvals,

(iv) inspections,

(v) copies of by-laws and other city records including records of hearings, and

(vi) other matters in respect of the administration of this Act or the administration of the affairs of the city.

Application of section 348

210(2)      Section 348 (setting penalties) applies, with the necessary modifications, in respect of prices, rates, fees, deposits and other charges established under this section.

Free use of libraries by residents

210(3)      Despite any other provision of this Act, the city must permit residents of the city to have free use of the circulating and reference books of every public library and branch that it maintains.

Collection of fees and charges

210(4)      A price, rate, fee, deposit or other charge established under this section for the use or consumption of any commodity or service supplied by the city to any person, and any respective penalty or interest prescribed by by-law, is a debt due to the city by the person and

(a) where there is a failure or refusal to pay the debt, payment of the debt may be enforced by the discontinuance or disconnection of the service or the means of delivery of the commodity or service;

(b) is a lien on the property to which the commodity or service was supplied and may be registered in the land titles office by way of caveat against the property; and

(c) may be recovered

(i) in a court of competent jurisdiction,

(ii) by distress and sale of the personal property of the occupant of the property to which it was supplied, wherever the personal property may be found, such distress and sale to be carried out in the same manner, as far as possible, as a distress and sale of personal property of a tenant for unpaid rent, or

(iii) in the case of any such amounts for water supplied or services in connection with water works or wastewater, by adding the amount thereof to real property taxes imposed by the city on the real property to which the water was supplied, and collected in the same manner and with the same priorities as those real property taxes.

Rates for services and commodities

210(5)      Despite The Public Utilities Board Act, the city may, as provided in this Act, establish prices, rates, fees, deposits or other charges for any commodity or service that the city supplies and, for that purpose, the city need not obtain any approval from The Public Utilities Board, the intention being that the city may establish such amounts and use the revenues therefrom for the general purposes of the city and not solely for the purposes of offsetting any costs related to supplying the commodity or service.

AGREEMENTS

General authority

211         The city may enter into agreements with the Government of Manitoba or the Government of Canada, or an agency of either of those governments, with a band as defined in the Indian Act (Canada), with a school authority or another municipality either in Manitoba or in any other province, or with any person

(a) to obtain property or services required for the operations of the city;

(b) to provide property or services in the city or outside the city; or

(c) to do any of those things jointly with the other parties to the agreements.

CONTROL OF CORPORATIONS

Interpretation: "control"

212(1)      For the purposes of this section, the city controls a corporation if

(a) it is incorporated by the city;

(b) the majority of the members of which, or the majority of the members of the board of management or board of directors of which,

(i) are appointed by council, or

(ii) if not appointed by council, are in the discharge of their duties, employees of the city or are, directly or indirectly, responsible to the city; or

(c) that is controlled by the city through direct or indirect ownership of 50% or more of the shares in its capital stock that carry the right to vote.

Regulations re: establishing corporations

212(2)      The minister may make regulations

(a) respecting information that must be provided to the minister before the city may control a corporation;

(b) governing the control of a corporation by the city, including

(i) the purposes for which it may carry on activities, and

(ii) terms and conditions that apply when the city controls a corporation; and

(c) providing that certain corporations may not be controlled by the city unless the minister's approval is first obtained.

Incorporation of corporations

212(3)      In accordance with the regulations, the city may incorporate or control a corporation.

Scope of regulation

212(4)      A regulation under this section may apply to one corporation or one approval or may be general.

Restrictions re corporate matters

213         Nothing in subsection 7(1) authorizes the city to

(a) incorporate a corporation or nominate or authorize a person to act as an incorporator of a corporation;

(b) acquire any interest in, or guarantee or exercise any power as a holder of, a security of a corporation; or

(c) indemnify or guarantee the liability of another person.

PROCUREMENT POLICY

Definition

214(1)      In this section "procurement" means the acquisition by contract of goods or services by purchase, hire-purchase, lease, rental or other agreement.

Procurement policy

214(2)      Council may establish a procurement policy for the city.

Contents of policy

214(3)      Without limiting the generality of subsection (2), a procurement policy may

(a) establish criteria for soliciting procurements by competitive bids;

(b) establish forms of contract and determine when they are to be used;

(c) govern awards of contracts of procurement; and

(d) establish ethical standards for persons involved in procurement by the city.

SPECIAL SERVICE UNITS

Establishing special service units

215(1)      Council may establish special service units to provide a commodity or service within or outside the city, and any activity engaged in by such a special service unit is deemed to be an exercise of the powers granted under this Act for the attainment of the purposes of the city.

Council's powers re special service units

215(2)      In establishing a special service unit, council

(a) must approve an operating charter for the unit which shall include

(i) the unit's operating terms and conditions,

(ii) the unit's sources of financing,

(iii) the unit's authority to enter into contracts or agreements,

(iv) any activities mentioned in subsection (4) that council authorizes the unit to perform, and

(v) other requirements to fulfill the unit's purposes;

(b) must approve an annual or multi-year budget for the unit; and

(c) may establish the percentage of council votes necessary

(i) to dissolve the unit,

(ii) to change the unit's operating charter, or

(iii)  despite subsection 289(4) (restriction on use of reserve funds) to use a reserve fund of the unit for a purpose other than that for which the fund was established.

Delegation to special service units

215(3)      Council may delegate to a committee of council, or a subcommittee of a committee of council, the power or duty

(a) to establish policies, guidelines and procedures for evaluating proposals to designate a commodity or service to be provided by a special service unit;

(b) to evaluate proposals to establish special service units and submit to council those proposals that the committee or subcommittee recommends;

(c) to approve a multi-year business plan for a special service unit;

(d) to establish operating requirements for a special service unit;

(e) to establish the requirements for a special service unit's annual report; and

(f) to perform any other function or responsibility that council considers necessary or appropriate in respect of a special service unit.

Financing special service units

215(4)      Despite any other provision of this Act, but subject to subsection (5), council may authorize a special service unit

(a) to borrow, on terms and from sources approved by council, to finance the unit's operating and capital requirements;

(b) to give security for the unit's borrowing;

(c) to invest the unit's funds and carry forward such funds to be used for the unit's future operating or capital requirements;

(d) to establish and maintain reserves;

(e) to maintain accounts, collect and deposit revenues and conduct banking arrangements with banks;

(f) to enter into multi-year operational agreements;

(g) to fix and charge for the commodity or service that it provides a price, rate or fee in respect of which subsection 210(5) (rates for services and commodities) applies, with necessary changes; and

(h) to appoint one or more accountants to audit its accounts and financial records.

Consistency with other policies respecting finances

215(5)      Council shall not authorize an action under subsection (4) that is inconsistent with a policy established under subsection 291(2) (policy for financial agreements) or 300(1) (policy for variable rate securities).

Annual report

215(6)      Each special service unit shall prepare and submit to council within 120 days after the end of each of its fiscal years an annual report containing an audited financial statement.

Unit is affiliated body

215(7)      For the purposes of this Act, every special service unit established by council is an affiliated body.

Review of special service units

216         Not later than January 1, 2005 and of every fifth year thereafter, council must arrange for a review of the process for developing, implementing, operating and evaluating special service units.

FINANCIAL ASSISTANCE

Definition of "taxes"

217(1)      In sections 218 to 222, "taxes" means real property taxes, personal property taxes, grants in lieu of taxes, business taxes and licence fees for a licence in lieu of business tax imposed for purposes of the city under Part 8 (Assessment and Taxation).

Tax credits

217(2)      For the purposes of sections 218 to 222, a tax credit may be applied only in respect of the taxes listed in subsection (1).

Tax rebates

217(3)      For the purpose of section 219, a tax rebate may be given only in respect of the taxes listed in subsection (1).

S.M. 2004, c. 42, s. 58; S.M. 2008, c. 42, s. 99.

Financial assistance

218(1)      Council may provide financial assistance

(a) to assist a charitable or non-profit organization, association or corporation;

(b) to aid sports and recreation;

(c) to support economic and cultural development;

(d) to improve, preserve, repair, maintain, convert or develop any property in the city; or

(e) for any other purpose that council considers may be in the interests or to the advantage of the city or its citizens.

Forms of financial assistance

218(2)      Financial assistance may be in the form of one or more of the following:

(a) a grant;

(b) a tax credit;

(c) a loan;

(d) a loan guarantee.

Council may require an agreement

218(3)      Before providing financial assistance, council may require the recipient to enter into an agreement with the city, and the agreement may include any term or condition council considers appropriate.

Economic and cultural development

218(4)      Council may establish terms and conditions under which financial assistance to support economic and cultural development may be provided, including determining the year or years during which the financial assistance may be paid.

GRANT, LOAN, TAX REBATE AND TAX CREDIT PROGRAMS

General authority

219(1)      Council may pass by-laws establishing programs of grants, loans, tax rebates and tax credits.

Grant, loan and tax credit programs

219(2)      Without limiting the generality of subsection (1), a by-law authorized under that subsection may include provisions

(a) prescribing the types, locations or classes of premises eligible for grants, loans, tax rebates or tax credits, 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 grants, loans, tax rebates or tax credits for each premises or each type, location or class of premises;

(c) prescribing the types of renovations and costs associated that are eligible for a grant, loan, tax rebate or tax credit;

(d) establishing terms and conditions under which a grant, loan, tax rebate or tax credit may be provided or terminated, including establishing criteria for determining

(i) the amount, or the manner of calculating the amount, of a grant, loan, tax rebate or tax credit,

(ii) the maximum annual grant, loan, tax rebate or tax credit, and

(iii) the year or years during which a grant, loan, tax rebate or tax credit may be paid out, given or applied to taxes;

(e) respecting criteria for eligibility of recipients of grants, loans, tax rebates or tax credits; and

(f) respecting any other matter that council considers necessary or advisable in respect of a program of grants, loans, tax rebates or tax credits.

Provisions re terms and conditions of loans

219(3)      Council must determine the terms and conditions of loans made under clause 218(2)(c), or a program of loans established under this section, including the manner of repayment, the rate of interest and the manner of compounding and calculating interest on the loans.

Regulations respecting loans and loan guarantees

220(1)      The Lieutenant Governor in Council may make regulations prescribing limits on

(a) loans and loan guarantees under section 218; and

(b) programs of loans under section 219.

Limits re loans and loan guarantees

220(2)      Council may not make a loan or guarantee the repayment of a loan if making the loan or guarantee will cause the city to exceed a limit prescribed under subsection (1).

Reduced tax rate on agricultural land

221         Council may by by-law provide that, because of the use for agricultural purposes to which real property described in the by-law is put and the services and facilities that are or are not available to the owners or occupants of the real property, the taxes imposed in respect of the real property must be calculated by imposing a rate reduced by the amount specified in the by-law against the assessed value of the real property, and it is not necessary for council to specify in the by-law the services or facilities that are available to the owners or occupants of the real property.

TAX INCREMENT FINANCING

Establishing tax increment financing programs

222(1)      Council may by by-law establish tax increment financing programs in designated areas of the city for the purpose of encouraging investment or development in those areas.

Provisions re tax increment financing programs

222(2)      A tax increment financing program may provide

(a) that some or all of the incremental taxes coming from the designated area 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 grant, loan or tax credit program in the area for persons who invest in developing or constructing property, and

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

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

EMERGENCY PREPAREDNESS

General powers and duties of city

223         The city may do everything that council considers possible, practicable and within the means of the city to reduce the consequences to persons and property within the city of floods or other disasters and to provide continuity of local government.

File 1: s. 1 to 223 (Parts 1 to 5)
File 2: s. 224 to 539 (Parts 6 to 12)

 

 
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