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SM 2002, c. 39
The City of Winnipeg Charter
| PART 1 | |
| INTERPRETATION, PURPOSES AND GENERAL AUTHORITY | |
| 1 | Definitions |
| 2 | Determination of person responsible |
| 3(1) | Geographic application of by-laws |
| (2) | Application of by-law of another municipality |
| 4 | By-laws or resolution inconsistent with Acts |
| 5(1) | Purposes of city |
| (2) | City is responsible and accountable |
| 6(1) | Broad authority |
| (2) | General powers not limited by specific |
| 7(1) | Natural person powers |
| (2) | Specific powers |
| PART 2 | |
| CITY BOUNDARIES | |
| CONTINUATION | |
| 8 | City continued |
| AREA | |
| 9(1) | Boundaries and area |
| (2) | Reference to maps |
| (3) | Time of effect of regulation |
| WARDS | |
| 10 | Number of wards |
| 11(1) | Establishment of wards commission |
| (2) | Substitute members of commission |
| (3) | Appointment of other acting members |
| (4) | Duty of acting member |
| (5) | Remuneration and assistance for commission |
| 12 | Report of commission |
| 13(1) | Population of city |
| (2) | Criteria for boundaries |
| (3) | Variation in population base |
| 14(1) | Initial hearing |
| (2) | Preparation of draft report |
| (3) | Notice of hearing on draft report |
| (4) | Publication of notices |
| (5) | Final report |
| (6) | Effect of report |
| 15(1) | Changing names of wards |
| (2) | Effect of alteration of wards on councillors |
| PART 3 | |
| COUNCIL | |
| DIVISION 1 | |
| COMPOSITION AND TERM OF OFFICE | |
| 16(1) | Composition of council |
| (2) | Council a continuing body |
| 17(1) | Changing number of wards |
| (2) | By-law applying to next general election |
| (3) | By-law applying after next general election |
| (4) | Public hearing required |
| (5) | Second reading of proposed by-law |
| (6) | By-law to be read at different meetings |
| (7) | Requirement re ward boundaries commission |
| 18(1) | Term of office |
| (2) | Term after by-election |
| DIVISION 2 | |
| ELECTIONS | |
| 19 | General elections |
| 20 | Election of mayor |
| 21 | Election of councillors |
| 22 | |
| QUALIFICATIONS | |
| 23(1) | Qualifications of candidates |
| (2) | Individuals disqualified |
| EMPLOYEES' RIGHTS IN ELECTIONS | |
| 24(1) | Definitions |
| (2) | Employees rights in elections |
| (3) | Statutory officers and certain employees excepted |
| (4) | Leave of absence for city election |
| (5) | Period of leave |
| (6) | Candidate in other elections |
| (7) | Nature of leave of absence |
| (8) | Election to council |
| (9) | Election as M.L.A. or M.P. |
| (10) | Reinstatement of defeated candidate |
| (11) | Reinstatement of elected employee |
| (12) | Where no notice before end of leave |
| (13) | Rights during leave of absence |
| (14) | Other benefits |
| 25 to 30 | |
| CAMPAIGN EXPENSES AND CONTRIBUTIONS | |
| 31(1) | Definitions |
| (2) | Value of donation in kind |
| 32(1) | Registration of prospective candidates |
| (2) | Report of change in information |
| 32.1 | Registered candidate entitled to copy of voters list |
| 33 | No contribution, expenses or borrowing until registered |
| 33.1(1) | Only individual residents may contribute |
| (2) | Limit on contributions by individuals |
| (3) | Prohibited contributions not to be accepted |
| (4) | Return of contribution |
| 33.2(1) | Candidate's personal contributions |
| (2) | Limit applies to contributions of candidate |
| 33.3(1) | Loans only from financial institutions |
| (2) | Prohibition making loan |
| (3) | Loans to registered candidates |
| (4) | Loan must be paid into campaign account |
| (5) | Loan payments must be made from campaign account |
| (6) | Loan payments made in different manner |
| 33.4 | No loans from registered candidates to others |
| 34 | By-law on expenses and contributions |
| 35(1) | Candidate to file audited statement |
| (2) | Time for filing statement |
| 36 | Appointment and qualifications of auditor |
| 37 | Duties of official agent |
| 38 | Candidate to issue receipts |
| 39 and 40 | |
| 41 | Claims for election expenses |
| 42 | |
| 43(1) | Surplus payable to city |
| (2) | Release of surplus |
| 44(1) | Failure by elected candidate to file statement |
| (2) | Forfeiture of seat |
| (3) | Failure of other registered candidates to file |
| 45(1) | Offence and penalty |
| (2) | Time limits on prosecution |
| TAX CREDIT AND REBATE PROGRAMS | |
| 46(1) | By-law establishing tax credits or rebates for contributions |
| (2) | Contents of by-law |
| (3) | Regulations by L.G. in C. |
| CAMPAIGN EXPENSE REIMBURSEMENT PROGRAM | |
| 46.1(1) | By-law establishing reimbursement of campaign expenses |
| (2) | Contents of by-law |
| FORFEITURE OF SEAT | |
| 47(1) | Forfeiture of seat |
| (2) | Nomination of M.L.A. to council |
| (3) | Vacating seat |
| (4) | Proceedings to unseat member |
| 48(1) | Eligibility at next election |
| (2) | No stay |
| (3) | Reinstatement on appeal |
| RESIGNATIONS AND FILLING VACANCIES | |
| 49 | Resignation |
| 50(1) | Direction to senior election official to hold election |
| (2) | Vacancy near end of term of councillor |
| (3) | Vacancy near end of term of mayor |
| 51 | By-election to fill vacancy |
| DIVISION 3 | |
| DUTIES AND POWERS | |
| DECLARATION OF OFFICE | |
| 52 | Declaration to be made and filed |
| DELEGATION | |
| 53(1) | Restriction on delegation by council |
| (2) | Authority of council after delegation |
| BY-LAWS AND RESOLUTIONS | |
| 54(1) | How council may act |
| (2) | Where by-law required |
| (3) | Where resolution authorized |
| (4) | Where by-law used instead of resolution |
| 55(1) | Three readings of by-laws |
| (2) | Readings at one meeting |
| (3) | Text of proposed by-law before first reading |
| (4) | Text available before third reading |
| (5) | Procedure at readings |
| CONSOLIDATION OF BY-LAWS | |
| 56(1) | Authority for consolidation of by-laws |
| (2) | Duties and powers of designated employee |
| (3) | Adoption of consolidated by-law |
| (4) | Judicial notice provision applies |
| MAYOR | |
| 57 | Mayor as head of council |
| 58 | Mayor as ex officio member of committees |
| 59(1) | Mayor's appointments |
| (2) | Other appointments |
| (3) | Vacancy in executive policy committee |
| (4) | Terminating or altering appointments |
| (5) | Duties of deputy mayor |
| (6) | Duties of acting deputy mayor |
| 60 | Suspension of by-law or resolution |
| EXECUTIVE POLICY COMMITTEE AND OTHER COMMITTEES | |
| 61(1) | Executive policy committee established |
| (2) | Size of executive policy committee |
| 62(1) | Duties of executive policy committee |
| (2) | Subcommittees of executive policy committee |
| 63(1) | Establishment of standing committees |
| (2) | Members of standing committee |
| (3) | Subcommittees of standing committees |
| (4) | Composition of subcommittee |
| 64 | Establishing other committees |
| 65 | Delegation to committees |
| 66 | Committee process |
| PRESIDING OFFICER | |
| 67(1) | Appointment of presiding officer |
| (2) | Mayor to chair first meeting |
| (3) | Duties of presiding officer |
| (4) | Absence of presiding officer |
| (5) | Acting presiding officer |
| (6) | Participation in debates |
| DIVISION 4 | |
| MEETINGS OF COUNCIL AND ITS COMMITTEES | |
| 68(1) | First meeting of a council |
| (2) | Regular meetings of council |
| (3) | Effect of meeting not taking place |
| 69 | Adjournment |
| 70 | Minutes |
| 71 | Quorum |
| 72(1) | Decisions by majority |
| (2) | Tie votes |
| 73(1) | Number of votes required may be increased |
| (2) | Review of by-law in fourth year |
| 74 | Procedures by-law |
| 75(1) | Open meetings |
| (2) | Expulsion for disorderly conduct |
| (3) | Reports etc. available to members |
| 76(1) | By-law re in camera consideration |
| (2) | In camera consideration |
| (3) | Record of in camera decision in minutes |
| 77(1) | Voting obligatory |
| (2) | Voting to be open |
| 78(1) | Council seminars |
| (2) | Convened members of council |
| SPECIAL MEETINGS | |
| 79(1) | Special meetings of council |
| (2) | Notice of special meeting |
| (3) | Effect of failure to notify |
| (4) | Agenda at special meeting |
| EMERGENCY MEETINGS | |
| 80(1) | Emergency meetings |
| (2) | Place of emergency meeting |
| (3) | Agenda of emergency meeting |
| USE OF COMMUNICATION DEVICES | |
| 81(1) | Meeting through communication devices |
| (2) | Participating member deemed present |
| (3) | Meetings of committees |
| DIVISION 5 | |
| HEARING BODIES FOR APPEALS | |
| 82 | Establishment of hearing bodies for appeals |
| 83(1) | By-law respecting hearing body |
| (2) | Composition of hearing bodies for appeals |
| (3) | Criteria for membership |
| (4) | Panels |
| (5) | Powers of panels |
| DIVISION 6 | |
| COMPENSATION | |
| 84(1) | Setting indemnity and expenses |
| (2) | Portion of indemnity may be deemed expense |
| (3) | Members may accept payments |
| 85(1) | Pensions |
| (2) | Contracts for pensions and insurance |
| 86 | Members not employees |
| 87 | Review of indemnities and expenses |
| PART 4 | |
| ADMINISTRATION | |
| DIVISION 1 | |
| STRUCTURE | |
| 88(1) | Administrative structure of the city |
| (2) | Delegation to employees |
| (3) | Delegation by employees |
| EMPLOYEES | |
| 89(1) | Conditions of employment |
| (2) | Change of titles to positions |
| 89.1(1) | Employee code of conduct |
| (2) | Content: conflict of interest rules |
| EMPLOYEE PENSION PLAN | |
| 90(1) | Pension plan by-laws |
| (2) | Benefit boards and committees |
| (3) | Composition of benefit boards |
| (4) | Investment committees |
| (5) | Combination of funds for investment |
| 91(1) | Admission into pension plan |
| (2) | Definition of "area municipality" |
| (3) | Pensions exempt from process |
| (4) | City may refuse power of attorney |
| 92 | Admission of other employees to plan |
| 93(1) | By-law to merge pension plans |
| (2) | Powers of council |
| (3) | No adverse effect on pension credits |
| (4) | Amendments |
| (5) | Application of other statutes |
| EMPLOYEE BENEFITS PROGRAM | |
| 94(1) | Definitions |
| (2) | Implementation of amending agreement |
| (3) | Application for court approval |
| (4) | Non-application of Trustee Act |
| (5) | Court order |
| (6) | Effect of implementation with court approval |
| (7) | Designation as a multi-unit pension plan |
| (8) | Interpretation |
| 95 | Payments to city to pay other employee benefits |
| STATUTORY OFFICERS | |
| 96 | Appointment of statutory officers |
| CHIEF ADMINISTRATIVE OFFICER | |
| 97 | Powers etc. of chief administrative officer |
| 98(1) | Suspension of chief administrative officer |
| (2) | EPC powers on suspension |
| CITY CLERK | |
| 99 | Duties etc. of city clerk |
| CHIEF FINANCIAL OFFICER | |
| 100 | Duties etc. of chief financial officer |
| 101 | Liability of chief financial officer |
| CITY AUDITOR | |
| 102(1) | Qualifications of city auditor |
| (2) | Restrictions on holding public office |
| 103 | Dismissal or suspension |
| 104(1) | Responsible for office of city auditor |
| (2) | Delegation by city auditor |
| 105(1) | Duties re annual audit |
| (2) | Duties re operations |
| (3) | Audits of trusts and grantees |
| (4) | Special audits and examinations |
| (5) | Powers of auditor |
| (6) | Reliance on other audits |
| 106(1) | Powers under Part V of Evidence Act |
| (2) | Report to council re examination |
| 107(1) | Appointment and qualifications of external auditor |
| (2) | Responsibilities of external auditor |
| (3) | City auditor and external auditor |
| (4) | Powers and duties of external auditor |
| (5) | Report of external auditor on statements |
| MEDICAL OFFICER OF HEALTH | |
| 108(1) | Agreement to enforce by-law under The Public Health Act |
| (2) | Medical officer of health's powers to enforce this Act |
| DIVISION 2 | |
| RECORDS MANAGEMENT | |
| 109 | By-law respecting records |
| 110(1) | City archivist |
| (2) | Records committee established |
| 111 | Approval for destruction or removal of record |
| 112(1) | Records available on request |
| (2) | Certified copies of by-laws |
| (3) | Personal security protection |
| DIVISION 3 | |
| NOTICES AND SERVICE OF DOCUMENTS | |
| 113(1) | Public notices of hearings and other matters |
| (2) | Multiple publications of public notices |
| (3) | Copies of published notices |
| (4) | Exceptions to newspaper notice |
| 114 | Notice to persons of hearing |
| 115(1) | Content of notice of hearing |
| (2) | Content of notice of other matters |
| 116(1) | Service of order or decision |
| (2) | Notice of appeal with order or decision |
| 117(1) | Service of notices, orders and documents |
| (2) | Notice by mail |
| (3) | Where service not possible |
| 118 | Posting notices etc. |
| 119 | Council may vary notice requirements |
| 120 | Evidence of notice or service |
| 121 | Service on city |
| DIVISION 4 | |
| HEARINGS | |
| 122(1) | By-law re procedures at hearings |
| (2) | Preliminary meeting |
| (3) | Conduct of hearing |
| 123(1) | Adjournment of hearings |
| (2) | New matters on continuation |
| DIVISION 5 | |
| PETITIONS AND OBJECTIONS | |
| 124(1) | Form and content of petitions |
| (2) | Determination of sufficiency of petition |
| (3) | Counting of signatories |
| 125(1) | Form and content of objection |
| (2) | Determination of sufficiency of objections |
| (3) | Counting of signatories |
| 126 | Signatures after filing |
| 127 | Determination final |
| PART 5 | |
| POWERS OF THE CITY | |
| DIVISION 1 | |
| SPHERES OF JURISDICTION | |
| 128 | Spheres of authority not mutually exclusive |
| PUBLIC CONVENIENCE | |
| 129 | General authority |
| 130 | Activities and things on private property |
| 131 | Property adjacent to streets |
| 132 | Animals and birds |
| 133 | Litter from businesses |
| HEALTH, SAFETY AND WELL-BEING | |
| 134(1) | General authority |
| (2) | Health and safety |
| (3) | |
| ACTIVITIES IN PUBLIC PLACES | |
| 135(1) | General authority |
| (2) | Meaning of "public places" etc. |
| STREETS | |
| 136 | Control of streets |
| 137 | Possession and control vests in city |
| 138 | City is traffic authority |
| 139 | General authority |
| 140(1) | Closing streets |
| (2) | Combined by-laws |
| 141(1) | Determining persons injuriously affected |
| (2) | Appeal of by-law |
| (3) | Decision on appeal |
| 142(1) | Land from closed street |
| (2) | Application — streets closed under former Acts |
| 143(1) | Designation of limited access street |
| (2) | Compensation for closing entrances |
| 144 | Determination of compensation |
| 145 | Private works on streets |
| 146(1) | Designated parking spaces for disabled |
| (2) | Offence |
| (3) | Penalty |
| 147 | Boulevards |
| ACTIVITIES OF BUSINESSES | |
| 148 | General authority |
| 149(1) | Business activities |
| (2) | Business licensing |
| (3) | Restriction on licensing certain businesses |
| BUILDINGS, EQUIPMENT AND MATERIALS | |
| 150 | General authority |
| 151 | Construction activities |
| 152(1) | Inspection of plans |
| (2) | Approval of plans |
| (3) | Extent of inspections |
| 153(1) | Report of offence to associations |
| (2) | Information given on request |
| (3) | No action for providing information |
| 154 | Equipment and materials |
| 155 | Exception for certain electrical inspections |
| 156 | Buildings conservation list |
| 157(1) | Winnipeg Building Commission |
| (2) | Powers of commission re existing buildings |
| CONSTRUCTION IN FLOODWAY AND FLOODWAY FRINGE AREAS | |
| 158(1) | Regulations by Lieutenant Governor in Council |
| (2) | Restricted construction in floodway areas |
| (3) | Exception for construction in floodway area |
| (4) | Restricted construction in floodway fringe areas |
| (5) | Permit for superstructure |
| (6) | Variation of floodproofing criteria |
| (7) | Order varying floodproofing criteria |
| (8) | Conditions respecting flood protection |
| (9) | Province to receive order |
| WATERWAYS | |
| 159(1) | General authority |
| (2) | Waterways |
| (3) | Construction spanning waterways |
| WATER | |
| 160(1) | City to ensure water supply |
| (2) | Powers respecting water |
| (3) | Application of by-laws to waterworks system |
| (4) | By-laws respecting water supply |
| WASTE | |
| 161(1) | General authority |
| (2) | Solid waste |
| (3) | Drainage and wastewater |
| PUBLIC TRANSPORTATION | |
| 162(1) | General authority |
| (2) | Transit and transportation |
| 163(1) | Exclusive authority |
| (2) | Vehicles operated for school purposes |
| (3) | Agreement for private operation |
| AMBULANCE SERVICES | |
| 164 | General authority |
| FIRE PROTECTION | |
| 165(1) | General authority |
| (2) | Fire protection |
| POLICE | |
| 166(1) | General authority |
| (2) | Composition of police service |
| (3) | Restrictions on by-laws |
| (4) | Duties of members of police service |
| 167 | Committee for investigation of conduct of police |
| 168 | Lock-ups |
| ARBITRATION IN COLLECTIVE BARGAINING WITH POLICE SERVICES | |
| 169(1) | Definitions |
| (2) | Words and expressions in principal Act |
| 170 | Application of principal Act |
| 171(1) | Application for arbitration board |
| (2) | Establishment of arbitration board |
| (3) | Appointment of members of arbitration board |
| (4) | Failure to appoint chairperson |
| 172(1) | Work of arbitration board |
| (2) | Changes in applying provisions |
| 173(1) | Commencement of agreement or award |
| (2) | Term of agreement |
| (3) | Continuation of agreement and award |
| DIVISION 2 | |
| EXERCISING BY-LAW MAKING AUTHORITY | |
| 174 | General powers in exercise of authority |
| DIVISION 3 | |
| ENFORCEMENT AND BY-LAWS RESPECTING ENFORCEMENT | |
| 175 | General powers respecting enforcement |
| SPECIAL CONSTABLES AND ENFORCEMENT OFFICERS | |
| 176(1) | Appointment of enforcement officers |
| (2) | Appointment of special constables |
| (3) | Status of special constables |
| OFFENCES AND PENALTIES | |
| 177(1) | Offences |
| (2) | Separate offences |
| (3) | Directors and officers of corporations |
| 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 |
| 181 | No notice in emergencies |
| 182(1) | Inspection programs conducted by public notice |
| (2) | Public notice of inspections |
| (3) | Council may reappoint employee |
| (4) | Entry for inspection under public notice |
| (5) | Liability for damages |
| 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 |