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SM 2002, c. 39
The City of Winnipeg Charter
| PART 6 | ||
| PLANNING AND DEVELOPMENT | ||
| DIVISION 1 | ||
| PLANS | ||
| PLAN WINNIPEG | ||
| 224 | Adoption of Plan Winnipeg | |
| 225 | (1) | Initiation of amendments to Plan Winnipeg |
| (2) | Right to hearing | |
| (3) | Application may be refused | |
| 226 | (1) | Periodic review |
| (2) | Minister's order to review | |
| (3) | Method of review | |
| (4) | By-law to be re-enacted, amended or replaced | |
| (5) | Conformance with provincial land use policies | |
| PLAN WINNIPEG BY-LAWS | ||
| 227 | (1) | Hearings on Plan Winnipeg by-laws |
| (2) | Second reading of proposed by-law | |
| 228 | (1) | Submission to minister |
| (2) | Notice of second reading | |
| MINISTER'S ACTIONS | ||
| 229 | (1) | Decision of minister |
| (2) | Referral to Municipal Board | |
| (3) | Where by-law approved by minister | |
| 230 | (1) | Hearing by Municipal Board |
| (2) | Adoption after Municipal Board report | |
| 231 | Forwarding copy of by-law to minister | |
| 232 | (1) | Referral of Plan Winnipeg by-law to L. G. in C. |
| (2) | Enactment of by-law by L. G. in C. | |
| 233 | Public notice of Plan Winnipeg by-law | |
| SECONDARY PLANS | ||
| 234 | (1) | Adoption of secondary plans |
| (2) | Conformity with Plan Winnipeg | |
| (3) | Hearing on secondary plan by-law | |
| EFFECT OF PLAN BY-LAWS | ||
| 235 | Compliance with plan by-laws | |
| DIVISION 2 | ||
| DEVELOPMENT | ||
| 236 | (1) | Council to pass zoning by-laws |
| (2) | Content of zoning by-law | |
| (3) | Hearing on zoning by-law | |
| 237 | Where non-conforming use not permitted | |
| 238 | (1) | Effect of zoning by-law on caveats |
| (2) | Development scheme is a restriction | |
| 239 | Amendment required by Municipal Board | |
| DEVELOPMENT AGREEMENTS | ||
| 240 | (1) | Authority for development agreements |
| (2) | Registration of agreement in L.T.O. | |
| (3) | Agreement binding on successors | |
| (4) | Timing of agreement and by-law | |
| NON-CONFORMING USES | ||
| 241 | (1) | Previously conforming building and use continued |
| (2) | What constitutes existing building | |
| 242 | Certificate may be issued | |
| 243 | (1) | Limitation on alteration or addition |
| (2) | Damaged non-conforming building | |
| 244 | (1) | Non-conforming use ending after 12 months |
| (2) | Effect of change of ownership on use | |
| 245 | (1) | Cancellation of permits |
| (2) | Expenses where permit cancelled | |
| (3) | Arbitration | |
| 246 | (1) | Withholding permit |
| (2) | Extension of withholding | |
| (3) | Compensation | |
| VARIANCES | ||
| 247 | (1) | Approval of variances |
| (2) | Authority respecting variances | |
| (3) | Criteria for approving variances | |
| (4) | Restrictions on variances | |
| 248 | (1) | Disposition of applications for variances |
| (2) | Submissions before setting conditions | |
| 249 | Procedure by planning commission | |
| 250 | (1) | Notice of decision |
| (2) | Notice of decision by planning commission | |
| 251 | (1) | Appeals on variances |
| (2) | Appeals to committee of council | |
| (3) | Procedure for appeal | |
| 252 | Termination of variances | |
| CONDITIONAL USES | ||
| 253 | (1) | Approval of conditional uses |
| (2) | Authority respecting conditional uses | |
| 254 | Procedure for applications for conditional uses | |
| SUBDIVISION STANDARDS | ||
| 255 | (1) | Subdivision standards by-law |
| (2) | Content of standards by-law | |
| (3) | Referral of proposed subdivision standards by-law for report | |
| SUBDIVISION APPROVALS | ||
| 256 | (1) | Delegation to committee of council |
| (2) | Hearing on certain applications | |
| 257 | (1) | Restriction on approvals of plans of subdivision |
| (2) | Submission before setting conditions | |
| 258 | Effect of approval by committee or employee | |
| 259 | (1) | Conditions for plans of subdivision |
| (2) | Effect of agreement | |
| CONSENTS FOR REGISTRATION OF INSTRUMENTS | ||
| 260 | (1) | Authority to grant consents |
| (2) | Consent to dealing with land | |
| (3) | Submission before setting conditions | |
| 261 | (1) | Certificate of consent |
| (2) | Expiry of consent | |
| DISPOSITION OF CONVEYED LAND | ||
| 262 | (1) | Land conveyed to city |
| (2) | Money received by city | |
| RESTRICTION ON INSTRUMENTS EFFECTING SUBDIVISION | ||
| 263 | (1) | Instruments not to be accepted |
| (2) | Instruments void | |
| (3) | Exceptions to subsections (1) and (2) | |
| (4) | Contiguity of land | |
| (5) | Easement not a subdivision | |
| 264 | Unregistered instrument effecting subdivision | |
| OBSOLETE PLANS OF SUBDIVISION | ||
| 265 | (1) | Declaration respecting expiry of plans |
| (2) | Notice of by-law | |
| (3) | Registration of by-law | |
| (4) | Coming into force of by-law | |
| EXPIRY OF APPROVAL | ||
| 266 | (1) | Registration of plan of subdivision in L.T.O. |
| (2) | Time of approval | |
| SUBDIVISION IN FLOODWAY AREAS | ||
| 267 | (1) | Restriction on subdivisions in floodway area |
| (2) | Agreements re land in floodway areas | |
| (3) | Registration and amendment of agreement | |
| FILING OF CAVEATS | ||
| 268 | (1) | Caveat respecting agreements |
| (2) | Withdrawal of caveats | |
| DIVISION 3 | ||
| AIRPORT VICINITY PROTECTION AREA | ||
| ESTABLISHMENT AND REGULATIONS | ||
| 269 | (1) | Regulations re protection of airport vicinity |
| (2) | Repealed | |
| (3) | Compliance with regulations under subsection (1) | |
| 270 | (1) | Referral to Municipal Board |
| (2) | Hearing by Municipal Board | |
| (3) | Restriction on adoption of by-law | |
| DEVELOPMENT IN AIRPORT AREA | ||
| 271 | Zoning by-laws in airport vicinity protection area | |
| 272 | Application of section 270 | |
| DIVISION 4 | ||
| PLANNING COMMISSION | ||
| 273 | (1) | Establishment of planning commission |
| (2) | Application | |
| 274 | (1) | Powers, duties and functions of commission |
| (2) | Committee of council duties assigned to commission | |
| (3) | Planning commission to act by resolution | |
| DIVISION 5 | ||
| PROCEDURES | ||
| DEVELOPMENT | ||
| 275 | (1) | Initiation of development proposals |
| (2) | Rejection of applications | |
| ERRORS AND CORRECTIONS | ||
| 276 | Amendments for errors or corrections | |
| NOTICE OF HEARING | ||
| 277 | Notices of hearings | |
| COMBINED HEARINGS | ||
| 278 | (1) | Combined hearings and notices |
| (2) | Combinations of hearings | |
| (3) | Exercise of powers where hearings combined | |
| AVAILABILITY OF MATERIALS | ||
| 279 | Material available for inspection | |
| HEARING BODIES | ||
| 280 | (1) | Recommendations by hearing body |
| (2) | Decisions by hearing body | |
| (3) | Notice of report to council | |
| PASSING OR REJECTING BY-LAWS | ||
| 281 | Consideration of recommendation re by-law | |
| 282 | Notice respecting by-law | |
| PART 7 | ||
| FINANCIAL ADMINISTRATION | ||
| DIVISION 1 | ||
| BUDGETS | ||
| 283 | Fiscal year | |
| 284 | (1) | Annual operating budget |
| (2) | Capital budget and forecast | |
| (3) | Manner and form | |
| 285 | (1) | Content of operating budget |
| (2) | Expenditures not to exceed revenues | |
| 286 | Content of capital budget and capital forecast | |
| 287 | Grants to city | |
| DIVISION 2 | ||
| EXPENDITURES | ||
| 288 | (1) | Expenditures |
| (2) | Expenditures before budget adopted | |
| (3) | Expenditures for purposes not set out in budget | |
| 289 | (1) | Reserve funds |
| (2) | Definition of "financial institution" | |
| (3) | Investment of reserve funds | |
| (4) | Restriction on use of reserve funds | |
| DIVISION 3 | ||
| INVESTMENTS | ||
| 290 | Investment of money | |
| 291 | (1) | Financial agreements |
| (2) | Policy for financial agreements | |
| (3) | Changes in the policy must be approved | |
| DIVISION 4 | ||
| BORROWING | ||
| 292 | Definition of "relevant sinking fund account" | |
| GENERAL AUTHORITY | ||
| 293 | Temporary borrowing | |
| 294 | (1) | Long-term borrowing authority |
| (2) | Approval of Minister of Finance required | |
| (3) | Details in application | |
| (4) | Consideration by Minister of Finance | |
| 295 | (1) | Reference to Municipal Board |
| (2) | Report of Municipal Board | |
| 296 | Notification to city | |
| 297 | Borrowing must complies with conditions | |
| CITY SECURITIES | ||
| 298 | (1) | Powers and duties of chief financial officer re city securities |
| (2) | Terms and conditions of city securities | |
| (3) | Other powers respecting city securities | |
| (4) | No preferences | |
| 299 | (1) | Chief financial officer to report |
| (2) | Payments under city securities | |
| (3) | Application re obligation to levy and raise amounts | |
| (4) | Payments into sinking fund | |
| 300 | (1) | Policy for variable interest rate securities |
| (2) | Changes in the policy must be approved | |
| 301 | (1) | Use of money received |
| (2) | Money not required | |
| (3) | Reduction of levies etc. | |
| (4) | Full amount recoverable | |
| 302 | Refinancing city securities | |
| 303 | (1) | Consolidating securities by-laws |
| (2) | Contents of by-law | |
| SINKING FUNDS | ||
| 304 | (1) | Limitation on use of sinking funds |
| (2) | Deficiency in sinking fund | |
| 305 | Chief financial officer's duties re sinking funds | |
| 306 | (1) | Management of sinking funds |
| (2) | Payments from sinking fund account | |
| (3) | Surpluses in sinking fund account | |
| 307 | (1) | Establishment of Sinking Fund Committee |
| (2) | Powers and duties of Sinking Fund Committee | |
| (3) | Chief financial officer may not delegate | |
| FOREIGN CURRENCIES | ||
| 308 | (1) | Borrowing in foreign currencies |
| (2) | Calculation of amount | |
| LIABILITY | ||
| 309 | (1) | Restrictions |
| (2) | Unused borrowing authority may be rescinded | |
| 310 | Liability on local improvement securities | |
| 311 | Defect in form | |
| MISCELLANEOUS | ||
| 312 | Application of section 86 of Municipal Board Act | |
| 313 | Evidence respecting city securities | |
| FINANCIAL STATEMENTS | ||
| 314 | Annual financial statements | |
| PART 8 | ||
| ASSESSMENT, TAXATION AND OTHER LEVIES ON PROPERTY | ||
| 315 | (1) | Definitions |
| (2) | Definitions in Municipal Assessment Act apply | |
| DIVISION 1 | ||
| ASSESSMENT | ||
| BUSINESS ASSESSMENT | ||
| 316 | (1) | Municipal Assessment Act applies |
| (2) | All businesses to be assessed | |
| (3) | Exception | |
| 317 | Specific exemptions | |
| 318 | (1) | Annual rental value to include cost of services |
| (2) | Basis of annual rental value | |
| (3) | Determining annual rental value | |
| 319 | (1) | Subtenants and assessment |
| (2) | Filling stations | |
| (3) | Gas distribution system | |
| LICENCE IN LIEU OF BUSINESS TAX | ||
| 320 | (1) | By-law requiring licence |
| (2) | Collection of licence in lieu fees | |
| MOBILE HOME LICENCES | ||
| 321 | (1) | By-law requiring licence of mobile homes |
| (2) | No licence for tourists | |
| (3) | Collection of mobile home licence fees | |
| ADJUSTMENTS IN BUSINESS TAX | ||
| 322 | (1) | Adjustment of business tax on reassessment |
| (2) | Limitation on by-law under subsection (1) | |
| UTILITY CORPORATIONS' PROPERTY | ||
| 323 | (1) | Utility corporations' property assessments |
| (2) | Liability of corporation for other tax | |
| 324 | Telephone companies | |
| ASSESSMENT ROLLS | ||
| 325 | (1) | Completion of assessment rolls |
| (2) | Form of rolls | |
| 326 | Certification of rolls | |
| 327 | Defects do not invalidate | |
| 328 | Assessment rolls valid and binding | |
| REVISION OF ASSESSMENT | ||
| 329 | Rolls subject to revision | |
| 330 | (1) | Change in taxes payable |
| (2) | Change in tax after revision | |
| 331 | Repealed | |
| DIVISION 2 | ||
| TAXATION | ||
| LIABILITY FOR TAXES | ||
| 332 | (1) | Liability for real property taxes |
| (2) | Liability for business tax or fee | |
| (3) | Liability of owner for business tax | |
| (4) | Partnerships | |
| (5) | Joint liability | |
| (6) | Business tax not a charge on real property | |
| LIABILITY OF CITY FOR TAXES | ||
| 333 | (1) | Exemption from taxation |
| (2) | Agreements regarding taxes | |
| (3) | Taxes payable in certain cases | |
| IMPOSING TAXES | ||
| 334 | (1) | Fixing property, personal and business tax rates |
| (2) | Fixing local improvement and frontage tax rates | |
| (3) | By-laws re payment of taxes | |
| (4) | By-law may specify purpose of instalment | |
| (5) | Restriction on discounts | |
| (6) | Application of prepayment | |
| 334.1 | (1) | Establishing classes for purposes of business tax |
| (2) | Different rates for different classes | |
| (3) | Corrections — business tax rate | |
| (4) | Provisions that apply to corrections | |
| (5) | Appeal | |
| 335 | Taxes imposed on January 1 | |
| TAX ROLLS | ||
| 336 | Preparation of tax rolls | |
| 337 | (1) | Tax rolls may be combined |
| (2) | Tax roll may be combined with assessment roll | |
| 338 | Form of rolls | |
| 339 | (1) | Content of tax roll |
| (2) | Assessed value re community revitalization property | |
| 340 | (1) | Cancellation or reduction of taxes |
| (2) | Amended tax notice | |
| (3) | Refunds | |
| (4) | Period of refunds | |
| 341 | (1) | Supplementary taxes |
| (2) | Rates of supplementary taxes | |
| (3) | Period of supplementary taxes | |
| (4) | Liable for supplementary taxes only while owner | |
| 342 | Supplementary tax notice | |
| 343 | (1) | Validity of tax rolls |
| (2) | Adjustments to tax rolls | |
| TAX NOTICES AND COLLECTION | ||
| 344 | (1) | Issuing tax notices |
| (2) | Entry of date of notice | |
| (3) | Material with tax notices | |
| TAXES RE SUBDIVISIONS | ||
| 345 | (1) | If land in tax arrears subdivided |
| (2) | If plans of subdivision cancelled | |
| TAXES PAID BY MISTAKE | ||
| 346 | Refund and charging | |
| CANCELLATION OF TAXES | ||
| 347 | Council may cancel taxes | |
| PENALTIES AND INTEREST | ||
| 348 | (1) | Council may set penalties |
| (2) | Collection of penalties | |
| (3) | Penalty applies in spite of appeal | |
| 349 | Interest on refunds | |
| DIVISION 3 | ||
| COLLECTION OF TAX ARREARS AND DEBTS | ||
| GENERAL | ||
| 350 | Payments on tax arrears | |
| 351 | (1) | Collection remedies |
| (2) | Debt owing to city | |
| (3) | Evidence of taxes payable | |
| 352 | (1) | Tax certificate |
| (2) | Certificate binding | |
| LIENS FOR TAXES | ||
| 353 | (1) | Special lien on land and improvements |
| (2) | Special lien on personal property | |
| (3) | No registration and priority of lien | |
| (4) | No lien on land for business tax etc. | |
| (5) | No lien on goods on consignment or in storage | |
| 354 | (1) | Priority in bankruptcy |
| (2) | Personal property of bankrupt liable | |
| DISTRAINT AND SALE OF PERSONAL PROPERTY | ||
| 355 | Sale or distraint for lien under subsection 353(2) | |
| 356 | (1) | Distress and sale for taxes |
| (2) | Sale and right of distraint | |
| (3) | Distress and sale to be by tax collector | |
| (4) | Right of entry of person levying distress | |
| 357 | (1) | Restriction on distraint |
| (2) | Where subsection (1) not to apply | |
| 358 | (1) | Persons in possession to pay taxes |
| (2) | Distraint for real property taxes | |
| (3) | Exception | |
| 359 | Acknowledgment | |
| 360 | Release not to prejudice city | |
| 361 | Limit on liability for distrained property | |
| 362 | (1) | Sale of distrained goods |
| (2) | Notice of sale | |
| 363 | (1) | Proceeds of sale of seized property |
| (2) | Where person entitled not known | |
| 364 | (1) | Application to court re seizure |
| (2) | Order on application | |
| MISCELLANEOUS REMEDIES | ||
| 365 | Assets insufficient to cover taxes | |
| 366 | (1) | Building not to be removed if taxes unpaid |
| (2) | Transfer of taxes | |
| 367 | (1) | Tenant required to pay rent to city |
| (2) | Effect of payment by tenant | |
| 368 | Action by tenant to recover taxes paid | |
| 369 | (1) | Insurance money applied to taxes |
| (2) | Limitation on application of subsection (1) | |
| (3) | Application of insurance money | |
| (4) | Insurers to notify tax collector | |
| DIVISION 4 | ||
| TAX SALES FOR REAL PROPERTY TAXES | ||
| 370 | Definitions | |
| 371 | Land liable to tax sale | |
| 372 | Description of land | |
| 373 | Tax arrears list | |
| 374 | Preliminary steps to tax sale | |
| 375 | Where title vested in Crown | |
| 376 | (1) | First notice to registered owner |
| (2) | Second notice to registered owner | |
| (3) | Manner of giving notice | |
| 377 | (1) | Prior right of city to purchase |
| (2) | Purchase money not needed | |
| 378 | (1) | Sale by auction |
| (2) | Auction may be adjourned | |
| (3) | Where bidder doesn't pay immediately | |
| 379 | Restriction on bidders | |
| 380 | Return to district registrar | |
| 381 | Purchaser to pay all unpaid taxes | |
| 382 | (1) | Tax sale certificate |
| (2) | Modified certificate | |
| 383 | (1) | Statement of payment of balance |
| (2) | Where balance not paid | |
| 384 | (1) | Rights of tax purchaser |
| (2) | Right of city to enter unoccupied real property | |
| 385 | (1) | Assignment of tax sale certificate |
| (2) | Rights of assignee | |
| (3) | Tax purchaser may be required to assign | |
| (4) | Priorities of rights | |
| (5) | No requisition to person with prior right | |
| (6) | Application to court | |
| REDEMPTION THROUGH CITY | ||
| 386 | (1) | Redeeming by payment to city |
| (2) | Actions on redemption | |
| (3) | Payment without tax sale certificate | |
| 387 | Continuing assessment and taxation | |
| 388 | When rights of tax purchaser cease | |
| REDEMPTION THROUGH LAND TITLES OFFICE | ||
| 389 | Return to L.T.O. | |
| 390 | Redeeming by payment to district registrar | |
| 391 | (1) | District registrar's duties |
| (2) | Money not subject to attachment | |
| 392 | Payment by city to tax purchaser | |
| REDEMPTION BY INSTALMENTS | ||
| 393 | (1) | Authority for instalments |
| (2) | Copy of agreement to district registrar | |
| (3) | Agreement not to affect other remedies | |
| (4) | Default under agreement | |
| (5) | Power of city to assign tax sale certificate | |
| (6) | Effect of agreement on tax purchaser | |
| TRANSFER OF TITLE | ||
| 394 | (1) | Tax purchaser's application for title |
| (2) | How application to be treated | |
| (3) | Failure to make application | |
| 395 | (1) | Notice to interested persons of application for title |
| (2) | Contents of notice | |
| (3) | Proof of service | |
| (4) | Directions for substitutional service | |
| (5) | Compliance with directions | |
| (6) | Fixing date of service | |
| 396 | Persons entitled to redeem | |
| 397 | (1) | Issue of title |
| (2) | Validity of title | |
| 398 | (1) | District registrar not obliged to inquire |
| (2) | No action against district registrar | |
| 399 | Withdrawal by city | |
| CHANGING BUILDING RESTRICTION COVENANTS | ||
| 400 | (1) | Effect on building restriction covenants |
| (2) | Notice of by-law | |
| PROCEEDS OF TAX SALE | ||
| 401 | (1) | Surplus proceeds |
| (2) | Priority of claims to excess | |
| (3) | Proceeds of a tax sale to city | |
| (4) | Excess not paid out | |
| SETTING ASIDE TAX SALE | ||
| 402 | (1) | Grounds for setting aside tax sale |
| (2) | Where sale set aside | |
| 403 | Action to set aside tax sale | |
| MISCELLANEOUS | ||
| 404 | Forms and fees for land titles office | |
| 405 | Application of Real Property Act | |
| DIVISION 5 | ||
| LOCAL AND DISTRICT IMPROVEMENTS | ||
| 406 | Definitions | |
| LOCAL IMPROVEMENTS | ||
| 407 | (1) | Determination of real property benefited |
| (2) | Different determination for different improvements | |
| 408 | Initiation of local improvement | |
| 409 | (1) | Notice of proposal |
| (2) | Property not fronting on improvement | |
| (3) | Contents of notice | |
| (4) | When notice and hearing not required | |
| 410 | (1) | Where city's real property benefited |
| (2) | Where real property benefited is exempt | |
| 411 | Effect of objections | |
| 412 | (1) | By-law authorizing local improvement |
| (2) | Calculating local improvement taxes | |
| (3) | Exceptional cases | |
| 413 | (1) | Appeal in exceptional cases |
| (2) | Powers on appeal | |
| (3) | Adding real property for local improvement | |
| (4) | Notice to owner | |
| 414 | Determining local improvement taxes | |
| 415 | Cost borne by city | |
| 416 | Effect of subdivisions and other property changes | |
| 417 | Improvement in middle of street | |
| 418 | Eligible costs | |
| 419 | Adjustment for property needed for improvement | |
| 420 | Additional charges | |
| 421 | (1) | Reconstruction of private works |
| (2) | Costs collected in same manner | |
| 422 | (1) | Consolidated by-laws |
| (2) | Provisions of consolidating by-law | |
| 423 | (1) | Power to defer charges |
| (2) | Notice of deferment | |
| 424 | Commuting charges | |
| 425 | Collection of local improvement taxes | |
| LOCAL IMPROVEMENT DISTRICTS | ||
| 426 | (1) | Initiation of district proposal |
| (2) | Contents of district proposal | |
| 427 | Referral to committee | |
| 428 | (1) | Action by council after hearing |
| (2) | Notice of proposed by-law | |
| (3) | Contents of notice | |
| 429 | Effect of objections | |
| 430 | (1) | District improvements by-laws |
| (2) | Methods of levying | |
| (3) | Entire cost paid by local improvement taxes | |
| 431 | Application of certain provisions | |
| DIVISION 6 | ||
| FRONTAGE TAXES | ||
| 432 | (1) | By-laws for frontage taxes |
| (2) | Uniform rate established | |
| (3) | Application of uniform rate | |
| (4) | How frontage taxes may be used | |
| 433 | Collection of frontage taxes | |
| DIVISION 7 | ||
| BUSINESS IMPROVEMENT ZONES | ||
| 434 | Definitions | |
| 435 | Purpose of business improvement zone | |
| 436 | (1) | Establishment of business improvement zones |
| (2) | Content of by-law establishing a zone | |
| 437 | Policies and procedures for zones | |
| 438 | (1) | Annual budgets must be approved by by-law |
| (2) | Circumstance where budget may not be approved | |
| 439 | (1) | Tax in zone |
| (2) | Collection of charges | |
| 440 | (1) | Expenditures by boards |
| (2) | Indebtedness | |
| (3) | Unexpended funds | |
| DIVISION 8 | ||
| ELECTRICITY AND GAS TAX | ||
| 441 | (1) | Definitions |
| (2) | Determination of base load | |
| 442 | (1) | Tax on electricity and gas |
| (2) | Exceptions | |
| 443 | (1) | Due date for payment |
| (2) | Seller is collector | |
| (3) | Part of cent | |
| 444 | Refund of money paid as tax | |
| 445 | Recovery of tax from collector | |
| 446 | Remedies | |
| 447 | Seller not to remit tax to purchaser | |
| 448 | Disclosure of tax | |
| 449 | (1) | Reports and remission of tax by sellers |
| (2) | Powers for collector | |
| (3) | Estimates if no return by seller | |
| (4) | Compensation to sellers | |
| (5) | Purchaser to assume duties of seller | |
| (6) | Owner of distribution system | |
| 450 | Liability for acts of employees | |
| PART 9 | ||
| OFFICIAL LANGUAGES OF MUNICIPAL SERVICES | ||
| 451 | (1) | Definitions |
| (2) | Meaning of "official languages" | |
| 452 | (1) | General obligation of city |
| (2) | Interpretation | |
| (3) | Limitation of obligation | |
| PROCEEDINGS OF COUNCIL AND ITS COMMITTEES | ||
| 453 | (1) | Use of French in council and its committees |
| (2) | Notice | |
| COMMUNICATION AT CITY OFFICES | ||
| 454 | (1) | Official languages at City Hall |
| (2) | Official languages at designated locations | |
| (3) | Written communications | |
| (4) | Subsequent communications | |
| (5) | St. Boniface office | |
| MUNICIPAL SERVICES | ||
| 455 | (1) | Application |
| (2) | Receipt of municipal services in St. Boniface Ward | |
| (3) | Municipal services for designated area | |
| (4) | Subsequent communications | |
| BILINGUAL DOCUMENTS | ||
| 456 | (1) | Notices, statements etc. |
| (2) | Forms and brochures | |
| 457 | (1) | Publication of notices and advertisements |
| (2) | Public notices may be published separately | |
| (3) | Cost of publication | |
| BILINGUAL SIGNS | ||
| 458 | (1) | Signs respecting municipal services |
| (2) | General information signs | |
| (3) | Street and traffic signs | |
| ACCESS GUIDE | ||
| 459 | (1) | Contents of access guide |
| (2) | Availability of access guide | |
| (3) | Updating access guide | |
| IMPLEMENTATION | ||
| 460 | (1) | By-law for implementation |
| (2) | Priority services | |
| ADMINISTRATION | ||
| 461 | French language co-ordinator | |
| 462 | Annual report to minister | |
| COMPLAINTS | ||
| 463 | Complaint to ombudsman | |
| PART 10 | ||
| LEGAL MATTERS | ||
| DIVISION 1 | ||
| CHALLENGING BY-LAWS, RESOLUTIONS AND ORDERS | ||
| 464 | "By-law" defined | |
| 465 | (1) | Application for declaration of invalidity |
| (2) | Applicant's requirements | |
| (3) | Order | |
| (4) | No declaration on certain grounds | |
| 466 | (1) | Limit on application re securities by-law |
| (2) | Effect of application re securities by-law | |
| 467 | Application of section 465 to committees | |
| DIVISION 2 | ||
| PROPERTY AND LIABILITY OF CITY | ||
| GENERAL | ||
| 468 | "Public facility" defined | |
| 469 | City's assets not subject to seizure | |
| 470 | Payments to persons indebted to city | |
| 471 | Effect of formal defects | |
| 472 | Exercise of discretion | |
| 473 | Liability for remedying contraventions | |
| 474 | Negligent supervision by others | |
| STREETS | ||
| 475 | (1) | Streets to be kept in repair |
| (2) | Restriction on responsibility | |
| (3) | Restrictions on liability | |
| 476 | Nuisance on street | |
| 477 | (1) | Liability for private works |
| (2) | No interference with liability and no vested rights | |
| (3) | Rights of city respecting private works in streets | |
| 478 | Persons obstructing to indemnify city | |
| 479 | Agreement has no effect on city's liability | |
| 480 | Claim for change in street level | |
| 481 | Registering changes in street names | |
| PUBLIC FACILITIES | ||
| 482 | Limited liability for public facilities | |
| BUILDING INSPECTIONS | ||
| 483 | (1) | Requests for inspections |
| (2) | Negligent inspections | |
| (3) | Certification by professionals | |
| (4) | Matters beyond scope of inspection | |
| (5) | Failure to comply with conditions | |
| (6) | Failure to prevent or limit loss | |
| 484 | Inspection not a guarantee | |
| DELIVERY OF COMMODITIES OR SERVICES | ||
| 485 | (1) | Discontinuance or interruption |
| (2) | Interrupted supplies | |
| (3) | Damages caused by quality of water | |
| 486 | No liability for certain water overflows | |
| 487 | No liability for certain nuisances | |
| DERELICT VEHICLES | ||
| 488 | Protection from liability | |
| COMPUTATION OF TIME AND LIMITATION PERIODS FOR ACTIONS AGAINST CITY | ||
| 489 | Holidays | |
| 490 | (1) | Limitation on actions respecting streets |
| (2) | Falls due to snow or ice | |
| 491 | Limitation on actions respecting public facilities | |
| 492 | (1) | Notice not required in case of death |
| (2) | Requirement of notice | |
| 493 | (1) | Limitation of actions respecting works |
| (2) | Limitation of actions respecting signs | |
| 494 | Limitation of actions respecting taxes | |
| 495 | (1) | Appeals re planning or development |
| (2) | Time for appeal | |
| (3) | Proceedings on appeal | |
| DIVISION 3 | ||
| LIABILITY AND INDEMNIFICATION OF MEMBERS OF COUNCIL, EMPLOYEES, VOLUNTEERS AND MEMBERS OF AFFILIATED BODIES | ||
| UNAUTHORIZED EXPENDITURES | ||
| 496 | (1) | Offence |
| (2) | Civil liability of members of council | |
| (3) | Joint and several liability | |
| (4) | Action by city or voter | |
| (5) | Exception for expenditures in state of emergency | |
| ACTS DONE IN GOOD FAITH | ||
| 497 | (1) | Liability restricted |
| (2) | Exception for defamation | |
| (3) | Liability of city | |
| INSURANCE | ||
| 498 | City may take out insurance | |
| DIVISION 4 | ||
| CITY RECORDS | ||
| 499 | Authentication of by-law | |
| 500 | (1) | Execution of documents |
| (2) | Execution of documents where no by-law in force | |
| 501 | (1) | Definition of "city record" |
| (2) | Admissibility of certified copies | |
| (3) | Admissibility of record in converted form | |
| (4) | Certificate | |
| (5) | Judicial notice | |
| 502 | Proof of certain facts | |
| DIVISION 5 | ||
| SPECIFIC PROVISIONS RESPECTING PROSECUTIONS | ||
| 503 | Prosecution of corporation | |
| 504 | (1) | Proof of carrying on business |
| (2) | Advertisement or announcement as evidence | |
| 505 | (1) | Definition of "transient trader" |
| (2) | Onus re carrying on business | |
| 506 | Presumption re litter | |
| 507 | Proof of by-law | |
| BOARDED-UP BUILDINGS | ||
| 508 | Proof of boarding up | |
| ANIMALS | ||
| 509 | (1) | Meaning of "running at large" |
| (2) | Offence re dogs running at large | |
| (3) | Onus on prosecution | |
| 510 | (1) | Animal causing damage |
| (2) | Procedure | |
| DIVISION 6 | ||
| EXEMPTION ORDERS | ||
| 511 | Exemption by L.G. in C. | |
| 512 | (1) | Hearing required |
| (2) | Purpose of hearing | |
| (3) | Notice and adjournment of hearing and report | |
| DIVISION 7 | ||
| MISCELLANEOUS | ||
| RECOVERY OF COSTS IN LEGAL PROCEEDINGS | ||
| 513 | Authority to recover costs | |
| NOXIOUS WEEDS ACT | ||
| 514 | (1) | Application of Noxious Weeds Act |
| (2) | Costs of weed destruction | |
| RESTRICTIONS ON FLOOD ASSISTANCE | ||
| 515 | (1) | No right to flood assistance |
| (2) | Building in designated floodway area | |
| (3) | Government assistance in floodway fringe area | |
| (4) | City assistance in floodway fringe area | |
| DISCHARGE OF BUILDING RESTRICTIONS | ||
| 516 | (1) | Definitions |
| (2) | City may discharge instruments | |
| (3) | Specific process | |
| PART 11 | ||
| TRANSITIONAL AND CONSEQUENTIAL AMENDMENTS | ||
| MATTERS UNDER FORMER ACT | ||
| 517 | Definition of "former Act" | |
| 518 | (1) | Continuation of by-laws, resolutions |
| (2) | Restriction | |
| 519 | (1) | Appointments and other decisions |
| (2) | Plans, licences, permits, approvals and authorizations | |
| (3) | Agreements and contracts | |
| (4) | Reserves funds under former Act | |
| (5) | Borrowing | |
| (6) | Continuation of tax and penalty | |
| (7) | Tax rolls and tax notices | |
| (8) | Tax sales and redemptions | |
| (9) | Hearings and applications begun | |
| 520 | (1) | Sinking Fund Trustees continued |
| (2) | Trustees continued | |
| (3) | Limitation | |
| 521 | Investments and liabilities | |
| ST. BONIFACE MUSEUM BOARD | ||
| 522 | Museum board continues to operate museums | |
| REGULATIONS | ||
| 523 | (1) | L. G. in C. Regulations |
| (2) | Timing of regulations | |
| CONSEQUENTIAL AMENDMENTS | ||
| 524 to 535 | ||
| UNPROCLAIMED AMENDMENTS RESPECTING PENSIONS | ||
| 536 | ||
| PART 12 | ||
| REPEAL, CITATION AND COMING INTO FORCE | ||
| 537 | Repeal | |
| 538 | Citation | |
| 539 | (1) | Coming into force |
| (2) | Coming into force: section 536 | |