SM 2002, c. 39
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| PART 1
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| INTERPRETATION, PURPOSES AND GENERAL AUTHORITY
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| 1
| Definitions
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| 2
| Determination of person responsible
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| 3(1)
| Geographic application of by-laws
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| (2)
| Application of by-law of another municipality
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| 4
| By-laws or resolution inconsistent with Acts
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| 5(1)
| Purposes of city
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| (2)
| City is responsible and accountable
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| 6(1)
| Broad authority
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| (2)
| General powers not limited by specific
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| 7(1)
| Natural person powers
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| (2)
| Specific powers
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| PART 2
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| CITY BOUNDARIES
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| CONTINUATION
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| 8
| City continued
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| AREA
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| 9(1)
| Boundaries and area
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| (2)
| Reference to maps
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| (3)
| Time of effect of regulation
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| WARDS
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| 10
| Number of wards
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| 11(1)
| Establishment of wards commission
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| (2)
| Substitute members of commission
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| (3)
| Appointment of other acting members
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| (4)
| Duty of acting member
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| (5)
| Remuneration and assistance for commission
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| 12
| Report of commission
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| 13(1)
| Population of city
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| (2)
| Criteria for boundaries
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| (3)
| Variation in population base
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| 14(1)
| Initial hearing
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| (2)
| Preparation of draft report
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| (3)
| Notice of hearing on draft report
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| (4)
| Publication of notices
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| (5)
| Final report
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| (6)
| Effect of report
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| 15(1)
| Changing names of wards
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| (2)
| Effect of alteration of wards on councillors
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| PART 3
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| COUNCIL
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| DIVISION 1
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| COMPOSITION AND TERM OF OFFICE
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| 16(1)
| Composition of council
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| (2)
| Council a continuing body
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| 17(1)
| Changing number of wards
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| (2)
| By-law applying to next general election
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| (3)
| By-law applying after next general election
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| (4)
| Public hearing required
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| (5)
| Second reading of proposed by-law
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| (6)
| By-law to be read at different meetings
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| (7)
| Requirement re ward boundaries commission
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| 18(1)
| Term of office
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| (2)
| Term after by-election
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| DIVISION 2
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| ELECTIONS
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| 19
| General elections
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| 20
| Election of mayor
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| 21
| Election of councillors
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| 22
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| QUALIFICATIONS
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| 23(1)
| Qualifications of candidates
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| (2)
| Individuals disqualified
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| EMPLOYEES' RIGHTS IN ELECTIONS
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| 24(1)
| Definitions
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| (2)
| Employees rights in elections
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| (3)
| Statutory officers and certain employees excepted
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| (4)
| Leave of absence for city election
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| (5)
| Period of leave
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| (6)
| Candidate in other elections
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| (7)
| Nature of leave of absence
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| (8)
| Election to council
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| (9)
| Election as M.L.A. or M.P.
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| (10)
| Reinstatement of defeated candidate
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| (11)
| Reinstatement of elected employee
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| (12)
| Where no notice before end of leave
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| (13)
| Rights during leave of absence
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| (14)
| Other benefits
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| 25 to 30
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| CAMPAIGN EXPENSES AND CONTRIBUTIONS
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| 31(1)
| Definitions
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| (2)
| Value of donation in kind
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| 32(1)
| Registration of prospective candidates
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| (2)
| Report of change in information
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| 32.1
| Registered candidate entitled to copy of voters list
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| 33
| No contribution, expenses or borrowing until registered
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| 33.1(1)
| Only individual residents may contribute
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| (2)
| Limit on contributions by individuals
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| (3)
| Prohibited contributions not to be accepted
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| (4)
| Return of contribution
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| 33.2(1)
| Candidate's personal contributions
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| (2)
| Limit applies to contributions of candidate
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| 33.3(1)
| Loans only from financial institutions
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| (2)
| Prohibition making loan
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| (3)
| Loans to registered candidates
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| (4)
| Loan must be paid into campaign account
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| (5)
| Loan payments must be made from campaign account
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| (6)
| Loan payments made in different manner
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| 33.4
| No loans from registered candidates to others
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| 34
| By-law on expenses and contributions
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| 35(1)
| Candidate to file audited statement
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| (2)
| Time for filing statement
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| 36
| Appointment and qualifications of auditor
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| 37
| Duties of official agent
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| 38
| Candidate to issue receipts
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| 39 and 40
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| 41
| Claims for election expenses
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| 42
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| 43(1)
| Surplus payable to city
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| (2)
| Release of surplus
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| 44(1)
| Failure by elected candidate to file statement
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| (2)
| Forfeiture of seat
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| (3)
| Failure of other registered candidates to file
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| 45(1)
| Offence and penalty
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| (2)
| Time limits on prosecution
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| TAX CREDIT AND REBATE PROGRAMS
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| 46(1)
| By-law establishing tax credits or rebates for contributions
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| (2)
| Contents of by-law
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| (3)
| Regulations by L.G. in C.
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| CAMPAIGN EXPENSE REIMBURSEMENT PROGRAM
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| 46.1(1)
| By-law establishing reimbursement of campaign expenses
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| (2)
| Contents of by-law
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| FORFEITURE OF SEAT
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| 47(1)
| Forfeiture of seat
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| (2)
| Nomination of M.L.A. to council
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| (3)
| Vacating seat
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| (4)
| Proceedings to unseat member
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| 48(1)
| Eligibility at next election
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| (2)
| No stay
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| (3)
| Reinstatement on appeal
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| RESIGNATIONS AND FILLING VACANCIES
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| 49
| Resignation
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| 50(1)
| Direction to senior election official to hold election
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| (2)
| Vacancy near end of term of councillor
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| (3)
| Vacancy near end of term of mayor
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| 51
| By-election to fill vacancy
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| DIVISION 3
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| DUTIES AND POWERS
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| DECLARATION OF OFFICE
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| 52
| Declaration to be made and filed
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| DELEGATION
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| 53(1)
| Restriction on delegation by council
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| (2)
| Authority of council after delegation
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| BY-LAWS AND RESOLUTIONS
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| 54(1)
| How council may act
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| (2)
| Where by-law required
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| (3)
| Where resolution authorized
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| (4)
| Where by-law used instead of resolution
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| 55(1)
| Three readings of by-laws
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| (2)
| Readings at one meeting
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| (3)
| Text of proposed by-law before first reading
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| (4)
| Text available before third reading
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| (5)
| Procedure at readings
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| CONSOLIDATION OF BY-LAWS
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| 56(1)
| Authority for consolidation of by-laws
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| (2)
| Duties and powers of designated employee
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| (3)
| Adoption of consolidated by-law
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| (4)
| Judicial notice provision applies
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| MAYOR
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| 57
| Mayor as head of council
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| 58
| Mayor as ex officio member of committees
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| 59(1)
| Mayor's appointments
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| (2)
| Other appointments
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| (3)
| Vacancy in executive policy committee
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| (4)
| Terminating or altering appointments
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| (5)
| Duties of deputy mayor
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| (6)
| Duties of acting deputy mayor
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| 60
| Suspension of by-law or resolution
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| EXECUTIVE POLICY COMMITTEE AND OTHER COMMITTEES
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| 61(1)
| Executive policy committee established
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| (2)
| Size of executive policy committee
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| 62(1)
| Duties of executive policy committee
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| (2)
| Subcommittees of executive policy committee
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| 63(1)
| Establishment of standing committees
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| (2)
| Members of standing committee
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| (3)
| Subcommittees of standing committees
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| (4)
| Composition of subcommittee
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| 64
| Establishing other committees
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| 65
| Delegation to committees
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| 66
| Committee process
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| PRESIDING OFFICER
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| 67(1)
| Appointment of presiding officer
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| (2)
| Mayor to chair first meeting
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| (3)
| Duties of presiding officer
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| (4)
| Absence of presiding officer
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| (5)
| Acting presiding officer
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| (6)
| Participation in debates
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| DIVISION 4
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| MEETINGS OF COUNCIL AND ITS COMMITTEES
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| 68(1)
| First meeting of a council
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| (2)
| Regular meetings of council
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| (3)
| Effect of meeting not taking place
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| 69
| Adjournment
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| 70
| Minutes
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| 71
| Quorum
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| 72(1)
| Decisions by majority
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| (2)
| Tie votes
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| 73(1)
| Number of votes required may be increased
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| (2)
| Review of by-law in fourth year
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| 74
| Procedures by-law
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| 75(1)
| Open meetings
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| (2)
| Expulsion for disorderly conduct
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| (3)
| Reports etc. available to members
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| 76(1)
| By-law re in camera consideration
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| (2)
| In camera consideration
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| (3)
| Record of in camera decision in minutes
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| 77(1)
| Voting obligatory
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| (2)
| Voting to be open
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| 78(1)
| Council seminars
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| (2)
| Convened members of council
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| SPECIAL MEETINGS
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| 79(1)
| Special meetings of council
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| (2)
| Notice of special meeting
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| (3)
| Effect of failure to notify
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| (4)
| Agenda at special meeting
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| EMERGENCY MEETINGS
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| 80(1)
| Emergency meetings
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| (2)
| Place of emergency meeting
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| (3)
| Agenda of emergency meeting
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| USE OF COMMUNICATION DEVICES
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| 81(1)
| Meeting through communication devices
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| (2)
| Participating member deemed present
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| (3)
| Meetings of committees
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| DIVISION 5
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| HEARING BODIES FOR APPEALS
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| 82
| Establishment of hearing bodies for appeals
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| 83(1)
| By-law respecting hearing body
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| (2)
| Composition of hearing bodies for appeals
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| (3)
| Criteria for membership
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| (4)
| Panels
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| (5)
| Powers of panels
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| DIVISION 6
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| COMPENSATION
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| 84(1)
| Setting indemnity and expenses
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| (2)
| Portion of indemnity may be deemed expense
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| (3)
| Members may accept payments
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| 85(1)
| Pensions
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| (2)
| Contracts for pensions and insurance
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| 86
| Members not employees
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| 87
| Review of indemnities and expenses
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| PART 4
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| ADMINISTRATION
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| DIVISION 1
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| STRUCTURE
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| 88(1)
| Administrative structure of the city
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| (2)
| Delegation to employees
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| (3)
| Delegation by employees
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| EMPLOYEES
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| 89(1)
| Conditions of employment
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| (2)
| Change of titles to positions
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| EMPLOYEE PENSION PLAN
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| 90(1)
| Pension plan by-laws
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| (2)
| Benefit boards and committees
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| (3)
| Composition of benefit boards
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| (4)
| Investment committees
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| (5)
| Combination of funds for investment
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| 91(1)
| Admission into pension plan
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| (2)
| Definition of "area municipality"
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| (3)
| Pensions exempt from process
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| (4)
| City may refuse power of attorney
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| 92
| Admission of other employees to plan
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| 93(1)
| By-law to merge pension plans
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| (2)
| Powers of council
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| (3)
| No adverse effect on pension credits
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| (4)
| Amendments
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| (5)
| Application of other statutes
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| EMPLOYEE BENEFITS PROGRAM
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| 94(1)
| Definitions
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| (2)
| Implementation of amending agreement
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| (3)
| Application for court approval
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| (4)
| Non-application of Trustee Act
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| (5)
| Court order
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| (6)
| Effect of implementation with court approval
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| (7)
| Designation as a multi-unit pension plan
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| (8)
| Interpretation
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| 95
| Payments to city to pay other employee benefits
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| STATUTORY OFFICERS
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| 96
| Appointment of statutory officers
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| CHIEF ADMINISTRATIVE OFFICER
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| 97
| Powers etc. of chief administrative officer
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| 98(1)
| Suspension of chief administrative officer
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| (2)
| EPC powers on suspension
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| CITY CLERK
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| 99
| Duties etc. of city clerk
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| CHIEF FINANCIAL OFFICER
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| 100
| Duties etc. of chief financial officer
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| 101
| Liability of chief financial officer
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| CITY AUDITOR
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| 102(1)
| Qualifications of city auditor
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| (2)
| Restrictions on holding public office
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| 103
| Dismissal or suspension
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| 104(1)
| Responsible for office of city auditor
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| (2)
| Delegation by city auditor
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| 105(1)
| Duties re annual audit
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| (2)
| Duties re operations
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| (3)
| Audits of trusts and grantees
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| (4)
| Special audits and examinations
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| (5)
| Powers of auditor
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| (6)
| Reliance on other audits
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| 106(1)
| Powers under Part V of Evidence Act
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| (2)
| Report to council re examination
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| 107(1)
| Appointment and qualifications of external auditor
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| (2)
| Responsibilities of external auditor
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| (3)
| City auditor and external auditor
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| (4)
| Powers and duties of external auditor
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| (5)
| Report of external auditor on statements
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| MEDICAL OFFICER OF HEALTH
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| 108(1)
| Agreement to enforce by-law under The Public Health Act
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| (2)
| Medical officer of health's powers to enforce this Act
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| DIVISION 2
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| RECORDS MANAGEMENT
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| 109
| By-law respecting records
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| 110(1)
| City archivist
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| (2)
| Records committee established
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| 111
| Approval for destruction or removal of record
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| 112(1)
| Records available on request
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| (2)
| Certified copies of by-laws
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| (3)
| Personal security protection
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| DIVISION 3
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| NOTICES AND SERVICE OF DOCUMENTS
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| 113(1)
| Public notices of hearings and other matters
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| (2)
| Multiple publications of public notices
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| (3)
| Copies of published notices
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| (4)
| Exceptions to newspaper notice
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| 114
| Notice to persons of hearing
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| 115(1)
| Content of notice of hearing
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| (2)
| Content of notice of other matters
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| 116(1)
| Service of order or decision
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| (2)
| Notice of appeal with order or decision
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| 117(1)
| Service of notices, orders and documents
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| (2)
| Notice by mail
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| (3)
| Where service not possible
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| 118
| Posting notices etc.
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| 119
| Council may vary notice requirements
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| 120
| Evidence of notice or service
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| 121
| Service on city
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| DIVISION 4
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| HEARINGS
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| 122(1)
| By-law re procedures at hearings
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| (2)
| Preliminary meeting
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| (3)
| Conduct of hearing
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| 123(1)
| Adjournment of hearings
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| (2)
| New matters on continuation
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| DIVISION 5
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| PETITIONS AND OBJECTIONS
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| 124(1)
| Form and content of petitions
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| (2)
| Determination of sufficiency of petition
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| (3)
| Counting of signatories
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| 125(1)
| Form and content of objection
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| (2)
| Determination of sufficiency of objections
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| (3)
| Counting of signatories
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| 126
| Signatures after filing
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| 127
| Determination final
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| PART 5
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| POWERS OF THE CITY
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|
| DIVISION 1
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| SPHERES OF JURISDICTION
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| 128
| Spheres of authority not mutually exclusive
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| PUBLIC CONVENIENCE
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| 129
| General authority
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| 130
| Activities and things on private property
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| 131
| Property adjacent to streets
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| 132
| Animals and birds
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| 133
| Litter from businesses
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| HEALTH, SAFETY AND WELL-BEING
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| 134(1)
| General authority
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| (2)
| Health and safety
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| (3)
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| ACTIVITIES IN PUBLIC PLACES
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| 135(1)
| General authority
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| (2)
| Meaning of "public places" etc.
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| STREETS
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| 136
| Control of streets
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| 137
| Possession and control vests in city
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| 138
| City is traffic authority
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| 139
| General authority
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| 140(1)
| Closing streets
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| (2)
| Combined by-laws
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| 141(1)
| Determining persons injuriously affected
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| (2)
| Appeal of by-law
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| (3)
| Decision on appeal
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| 142(1)
| Land from closed street
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| (2)
| Application — streets closed under former Acts
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| 143(1)
| Designation of limited access street
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| (2)
| Compensation for closing entrances
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| 144
| Determination of compensation
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| 145
| Private works on streets
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| 146(1)
| Designated parking spaces for disabled
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| (2)
| Offence
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| (3)
| Penalty
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| 147
| Boulevards
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| ACTIVITIES OF BUSINESSES
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| 148
| General authority
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| 149(1)
| Business activities
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| (2)
| Business licensing
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| (3)
| Restriction on licensing certain businesses
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| BUILDINGS, EQUIPMENT AND MATERIALS
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| 150
| General authority
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| 151
| Construction activities
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| 152(1)
| Inspection of plans
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| (2)
| Approval of plans
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| (3)
| Extent of inspections
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| 153(1)
| Report of offence to associations
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| (2)
| Information given on request
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| (3)
| No action for providing information
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| 154
| Equipment and materials
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| 155
| Exception for certain electrical inspections
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| 156
| Buildings conservation list
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| 157(1)
| Winnipeg Building Commission
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| (2)
| Powers of commission re existing buildings
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| CONSTRUCTION IN FLOODWAY AND FLOODWAY FRINGE AREAS
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| 158(1)
| Regulations by Lieutenant Governor in Council
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| (2)
| Restricted construction in floodway areas
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| (3)
| Exception for construction in floodway area
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| (4)
| Restricted construction in floodway fringe areas
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| (5)
| Permit for superstructure
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| (6)
| Variation of floodproofing criteria
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| (7)
| Order varying floodproofing criteria
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| (8)
| Conditions respecting flood protection
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| (9)
| Province to receive order
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| WATERWAYS
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| 159(1)
| General authority
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| (2)
| Waterways
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| (3)
| Construction spanning waterways
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| WATER
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| 160(1)
| City to ensure water supply
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| (2)
| Powers respecting water
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| (3)
| Application of by-laws to waterworks system
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| (4)
| By-laws respecting water supply
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| WASTE
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| 161(1)
| General authority
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| (2)
| Solid waste
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| (3)
| Drainage and wastewater
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| PUBLIC TRANSPORTATION
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| 162(1)
| General authority
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| (2)
| Transit and transportation
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| 163(1)
| Exclusive authority
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| (2)
| Vehicles operated for school purposes
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| (3)
| Agreement for private operation
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| AMBULANCE SERVICES
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| 164
| General authority
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| FIRE PROTECTION
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| 165(1)
| General authority
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| (2)
| Fire protection
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| POLICE
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| 166(1)
| General authority
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| (2)
| Composition of police service
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| (3)
| Restrictions on by-laws
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| (4)
| Duties of members of police service
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| 167
| Committee for investigation of conduct of police
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| 168
| Lock-ups
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|
| ARBITRATION IN COLLECTIVE BARGAINING WITH POLICE SERVICES
|
| 169(1)
| Definitions
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| (2)
| Words and expressions in principal Act
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| 170
| Application of principal Act
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| 171(1)
| Application for arbitration board
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| (2)
| Establishment of arbitration board
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| (3)
| Appointment of members of arbitration board
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| (4)
| Failure to appoint chairperson
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| 172(1)
| Work of arbitration board
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| (2)
| Changes in applying provisions
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| 173(1)
| Commencement of agreement or award
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| (2)
| Term of agreement
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| (3)
| Continuation of agreement and award
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| DIVISION 2
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| EXERCISING BY-LAW MAKING AUTHORITY
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| 174
| General powers in exercise of authority
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| DIVISION 3
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|
| ENFORCEMENT AND BY-LAWS RESPECTING ENFORCEMENT
|
| 175
| General powers respecting enforcement
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|
| SPECIAL CONSTABLES AND ENFORCEMENT OFFICERS
|
| 176(1)
| Appointment of enforcement officers
|
| (2)
| Appointment of special constables
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| (3)
| Status of special constables
|
|
| OFFENCES AND PENALTIES
|
| 177(1)
| Offences
|
| (2)
| Separate offences
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| (3)
| Directors and officers of corporations
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| 178(1)
| General penalty
|
| (2)
| Consent payments
|
| (3)
| Orders in addition to penalty
|
| (4)
| Conditions for fine payment
|
| 179
| Limitation on penalty fixing
|
|
| INSPECTIONS AND ORDERS
|
| 180(1)
| Inspections
|
| (2)
| Identification of designated employee
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| 181
| No notice in emergencies
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| 182(1)
| Inspection programs conducted by public notice
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| (2)
| Public notice of inspections
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| (3)
| Council may reappoint employee
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| (4)
| Entry for inspection under public notice
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| (5)
| Liability for damages
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| 183(1)
| Application for warrant
|
| (2)
| Application before entry attempted
|
| (3)
| Daytime execution of warrant
|
| 184(1)
| Order to remedy contravention
|
| (2)
| Content of order
|
| (3)
| Registration of order
|
| (4)
| Content of registered order
|
| (5)
| District registrar to register order
|
| (6)
| Subsequent purchasers are deemed served
|
| (7)
| Discharge of order
|
| 185(1)
| City remedying contravention etc.
|
| (2)
| Closure of building and removal of occupants
|
| (3)
| Notice before removal or demolition
|
| 186(1)
| Emergencies
|
| (2)
| Application
|
| (3)
| Compliance with order
|
| (4)
| Remuneration for compliance
|
| 187(1)
| Costs
|
| (2)
| Proceeds of sale
|
| 188
| Application to court to enforce by-law
|
|
| APPEALS
|
| 189(1)
| Appeals to designated hearing bodies
|
| (2)
| Notice of appeal
|
| (3)
| Where decision or order not appealed
|
| (4)
| Notice of appeal hearing
|
| (5)
| Hearing date
|
| (6)
| Powers of hearing body
|
| (7)
| Decision final
|
| (8)
| Application of section 58
|
|
| DIVISION 4
|
|
| DERELICT PROPERTY
|
| 190(1)
| Definitions
|
| (2)
| Interpretation: evidence property is derelict
|
| 191(1)
| By-law re derelict building certificates
|
| (2)
| Public hearing required
|
| (3)
| Content of by-law
|
| (4)
| Appeals to committee of council
|
| 192(1)
| Orders must be served and filed
|
| (2)
| Content of registered orders
|
| (3)
| District registrar to register order
|
| (4)
| Subsequent purchasers are deemed served
|
| (5)
| Change in ownership does not affect process
|
| 193(1)
| Application for derelict building certificate
|
| (2)
| Application to EPC or standing committee
|
| (3)
| Issuance of derelict building certificate
|
| (4)
| Registration of derelict building certificate
|
| 194(1)
| Discharge of orders and certificates
|
| (2)
| Process must recommence
|
| 195(1)
| City's application for title
|
| (2)
| How application to be treated
|
| (3)
| Failure to make application
|
| 196(1)
| Notice to interested persons of application for title
|
| (2)
| Contents of notice
|
| (3)
| Application for substitutional service
|
| 197(1)
| Directions for substitutional service
|
| (2)
| Compliance with order
|
| 198
| No claim in respect of property
|
| 199(1)
| Issue of title
|
| (2)
| Validity of title
|
| 200(1)
| District registrar not obliged to inquire
|
| (2)
| No action against district registrar
|
| 201(1)
| Setting aside derelict building certificate
|
| (2)
| Action to set aside derelict building certificate
|
|
| DIVISION 5
|
|
| CORPORATE POWERS
|
|
| GENERAL POWERS
|
| 202
| Rights and liabilities of a corporation
|
| 203
| Ancillary powers
|
|
| PROPERTY
|
| 204
| General powers
|
| 205(1)
| Dealing with property
|
| (2)
| Restriction on disposal of park land
|
| (3)
| Lease of land held for street
|
| (4)
| Acquiring and assembling land
|
| (5)
| Dealing with assembled or acquired land
|
| 206(1)
| Entry for expropriation purposes
|
| (2)
| Entry for locating works
|
| (3)
| Liability for damages
|
| 207
| Land owned in other municipalities
|
| 208
| Use of city works
|
|
| PUBLIC SERVICES AND FACILITIES
|
| 209(1)
| General authority
|
| (2)
| Powers under subsection (1)
|
| 210(1)
| Fees and charges
|
| (2)
| Application of section 348
|
| (3)
| Free use of libraries by residents
|
| (4)
| Collection of fees and charges
|
| (5)
| Rates for services and commodities
|
|
| AGREEMENTS
|
| 211
| General authority
|
|
| CONTROL OF CORPORATIONS
|
| 212(1)
| Interpretation: "control"
|
| (2)
| Regulations re: establishing corporations
|
| (3)
| Incorporation of corporations
|
| (4)
| Scope of regulation
|
| 213
| Restrictions re corporate matters
|
|
| PROCUREMENT POLICY
|
| 214(1)
| Definition
|
| (2)
| Procurement policy
|
| (3)
| Contents of policy
|
|
| SPECIAL SERVICE UNITS
|
| 215(1)
| Establishing special service units
|
| (2)
| Council's powers re special service units
|
| (3)
| Delegation to special service units
|
| (4)
| Financing special service units
|
| (5)
| Consistency with other policies respecting finances
|
| (6)
| Annual report
|
| (7)
| Unit is affiliated body
|
| 216
| Review of special service units
|
|
| FINANCIAL ASSISTANCE
|
| 217(1)
| Definition of "taxes"
|
| (2)
| Tax credits
|
| (3)
| Tax rebates
|
| 218(1)
| Financial assistance
|
| (2)
| Forms of financial assistance
|
| (3)
| Council may require an agreement
|
| (4)
| Economic and cultural development
|
|
| GRANT, LOAN, TAX REBATE AND TAX CREDIT PROGRAMS
|
| 219(1)
| General authority
|
| (2)
| Grant, loan and tax credit programs
|
| (3)
| Provisions re terms and conditions of loans
|
| 220(1)
| Regulations respecting loans and loan guarantees
|
| (2)
| Limits re loans and loan guarantees
|
| 221
| Reduced tax rate on agricultural land
|
|
| TAX INCREMENT FINANCING
|
| 222(1)
| Establishing tax increment financing programs
|
| (2)
| Provisions re tax increment financing programs
|
|
| EMERGENCY PREPAREDNESS
|
| 223
| General powers and duties of city
|
