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22 | Repealed |
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 | Repealed |
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 | Repealed |
41 | Claims for election expenses |
42 | Repealed |
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) | Repealed |
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(1) | Construction activities |
(2) | Restriction |
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 | Repealed |
157(1) | Winnipeg Building Commission |
(2) | Powers of commission re existing buildings |
HISTORIC BUILDINGS, LAND AND AREAS | |
157.1(1) | General authority |
(2) | Conservation list |
(3) | Notice re listing |
(4) | Timing of notice of listing being registered |
CONDOMINIUM CONVERSIONS | |
157.2(1) | Approval of condominium conversions |
(2) | Application of Condominium Act definitions |
(3) | Content of condominium conversion by-law |
(4) | Additional content |
(5) | Considerations |
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 | Repealed |
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 |
(2.1) | Additional powers |
(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) | Issuing preliminary derelict building orders |
(2) | Preliminary order must be registered and served |
(3) | Exception re service |
193(1) | Second notice of preliminary order |
(2) | Content of second notice |
(3) | Registration and service of second notice |
(4) | Exception re service |
194(1) | District registrar to register order or notice |
(2) | Subsequent purchasers are deemed served |
(3) | Change in ownership does not affect process |
195(1) | Substitutional service |
(2) | Compliance with order for substitutional service |
(3) | Substitutional service orders may be made at the same time |
196(1) | Application for derelict building certificate |
(2) | Application to EPC or standing committee |
(3) | Issuance of derelict building certificate |
197(1) | Registration of certificate and application for title |
(2) | Content of application |
(3) | How application to be treated |
(4) | Deemed notice etc. |
(5) | Deadline for application |
198 | No claim in respect of property |
199(1) | Issue of title |
(2) | Court action operates as stay |
(3) | 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 |
201.1(1) | Discharge of orders and certificates by city |
(2) | Process must recommence |
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 |