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S.M. 2002, c. 39

The City of Winnipeg Charter

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Table of Contents

1 Definitions
2 Determination of person responsible
3 Geographic application of by-laws
(2) Application of by-law of another municipality
4 By-laws or resolution inconsistent with Acts
5 Purposes of city
(2) City is responsible and accountable
6 Broad authority
(2) General powers not limited by specific
7 Natural person powers
(2) Specific powers
8 City continued
9 Boundaries and area
(2) Reference to maps
(3) Time of effect of regulation
10 Number of wards
11 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 Population of city
(2) Criteria for boundaries
(3) Variation in population base
14 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 Changing names of wards
(2) Effect of alteration of wards on councillors
16 Composition of council
(2) Council a continuing body
17 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 Term of office
(2) Term after by-election
19 General elections
20 Election of mayor
21 Election of councillors
23 Qualifications of candidates
(2) Individuals disqualified
24 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
31 Definitions
(2) Value of donation in kind
32 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 Only individual residents may contribute
(2) Limit on contributions by individuals
(3) Prohibited contributions not to be accepted
(4) Return of contribution
33.2 Candidate's personal contributions
(2) Limit applies to contributions of candidate
33.3 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
(2) Effective date of by-law
35 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
41 Claims for election expenses
43 Surplus payable to city
(2) Release of surplus
44 Failure by elected candidate to file statement
(2) Forfeiture of seat
(3) Failure of other registered candidates to file
44.1 By-law on elections
(2) Content of by-law
(3) Effective date of by-law
44.2 Use of title in election communication restricted
(2) Meaning of "election communication"
45 Offence and penalty
(2) Time limits on prosecution
46 By-law establishing tax credits or rebates for contributions
(2) Contents of by-law
(3) Regulations by L.G. in C.
46.1 By-law establishing reimbursement of campaign expenses
(2) Contents of by-law
47 Forfeiture of seat
(2) Nomination of M.L.A. to council
(3) Vacating seat
(4) Proceedings to unseat member
48 Eligibility at next election
(2) No stay
(3) Reinstatement on appeal
49 Resignation
50 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
52 Declaration to be made and filed
53 Restriction on delegation by council
(2) Authority of council after delegation
54 How council may act
(2) Where by-law required
(3) Where resolution authorized
(4) Where by-law used instead of resolution
55 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
56 Authority for consolidation of by-laws
(2) Duties and powers of designated employee
(3) Adoption of consolidated by-law
(4) Judicial notice provision applies
57 Mayor as head of council
59 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
61 Executive policy committee established
(2) Size of executive policy committee
62 Duties of executive policy committee
(2) Subcommittees of executive policy committee
63 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
67 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
68 First meeting of a council
(2) Regular meetings of council
(3) Effect of meeting not taking place
69 Adjournment
70 Minutes
71 Quorum
72 Decisions by majority
(2) Tie votes
73 Number of votes required may be increased
(2) Review of by-law in fourth year
74 Procedures by-law
75 Open meetings
(2) Expulsion for disorderly conduct
(3) Reports etc. available to members
76 By-law re in camera consideration
(2) In camera consideration
(3) Record of in camera decision in minutes
77 Voting obligatory
(2) Voting to be open
78 Council seminars
(2) Convened members of council
79 Special meetings of council
(2) Notice of special meeting
(3) Effect of failure to notify
(4) Agenda at special meeting
80 Emergency meetings
(2) Place of emergency meeting
(3) Agenda of emergency meeting
81 Meeting through communication devices
(2) Participating member deemed present
(3) Meetings of committees
82 Establishment of hearing bodies for appeals
83 By-law respecting hearing body
(2) Composition of hearing bodies for appeals
(3) Criteria for membership
(4) Panels
(5) Powers of panels
84 Setting indemnity and expenses
(2) Portion of indemnity may be deemed expense
(3) Members may accept payments
85 Pensions
(2) Contracts for pensions and insurance
86 Members not employees
87 Review of indemnities and expenses
88 Administrative structure of the city
(2) Delegation to employees
(3) Delegation by employees
89 Conditions of employment
(2) Change of titles to positions
89.1 Employee code of conduct
(2) Content: conflict of interest rules
90 Pension plan by-laws
(2) Benefit boards and committees
(3) Composition of benefit boards
(4) Investment committees
(5) Combination of funds for investment
91 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 By-law to merge pension plans
(2) Powers of council
(3) No adverse effect on pension credits
(4) Amendments
(5) Application of other statutes
94 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
96 Appointment of statutory officers
97 Powers etc. of chief administrative officer
98 Suspension of chief administrative officer
(2) EPC powers on suspension
99 Duties etc. of city clerk
100 Duties etc. of chief financial officer
101 Liability of chief financial officer
102 Qualifications of city auditor
(2) Restrictions on holding public office
103 Dismissal or suspension
104 Responsible for office of city auditor
(2) Delegation by city auditor
105 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 Powers under Part V of Evidence Act
(2) Report to council re examination
107 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
(2) Medical officer of health's powers to enforce this Act
109 By-law respecting records
110 City archivist
(2) Records committee established
111 Approval for destruction or removal of record
112 Records available on request
(2) Certified copies of by-laws
(3) Personal security protection
113 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 Content of notice of hearing
(2) Content of notice of other matters
116 Service of order or decision
(2) Notice of appeal with order or decision
117 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
122 By-law re procedures at hearings
(2) Preliminary meeting
(3) Conduct of hearing
123 Adjournment of hearings
(2) New matters on continuation
124 Form and content of petitions
(2) Determination of sufficiency of petition
(3) Counting of signatories
125 Form and content of objection
(2) Determination of sufficiency of objections
(3) Counting of signatories
126 Signatures after filing
127 Determination final
128 Spheres of authority not mutually exclusive
129 General authority
130 Activities and things on private property
131 Property adjacent to streets
132 Animals and birds
133 Litter from businesses
134 General authority
(2) Health and safety
135 General authority
(2) Meaning of "public places" etc.
136 Control of streets
137 Possession and control vests in city
138 City is traffic authority
139 General authority
140 Closing streets
(2) Combined by-laws
141 Determining persons injuriously affected
(2) Appeal of by-law
(3) Decision on appeal
142 Land from closed street
(2) Application — streets closed under former Acts
143 Designation of limited access street
(2) Compensation for closing entrances
144 Determination of compensation
145 Private works on streets
146 Designated parking spaces for disabled
(2) Offence
(3) Penalty
147 Boulevards
148 General authority
149 Business activities
(2) Business licensing
(3) Restriction on licensing certain businesses
150 General authority
151 Construction activities
(2) Restriction
152 Inspection of plans
(2) Approval of plans
(3) Extent of inspections
153 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
157 Winnipeg Building Commission
(2) Powers of commission re existing buildings
157.1 General authority
(2) Conservation list
(3) Notice re listing
(4) Timing of notice of listing being registered
157.2 Approval of condominium conversions
(2) Application of Condominium Act definitions
(3) Content of condominium conversion by-law
(4) Additional content
(5) Considerations
158 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
159 General authority
(2) Waterways
(3) Construction spanning waterways
160 City to ensure water supply
(2) Powers respecting water
(3) Application of by-laws to waterworks system
(4) By-laws respecting water supply
161 General authority
(2) Solid waste
(3) Drainage and wastewater
162 General authority
(2) Transit and transportation
163 Exclusive authority
(3) Agreement for private operation
164 General authority
165 General authority
(2) Fire protection
167 Committee for investigation of conduct of police
168 Lock-ups
169 Definitions
(2) Words and expressions in principal Act
170 Application of principal Act
171 Application for arbitration board
(2) Establishment of arbitration board
(3) Appointment of members of arbitration board
(4) Failure to appoint chairperson
172 Work of arbitration board
(2) Changes in applying provisions
173 Commencement of agreement or award
(2) Term of agreement
(3) Continuation of agreement and award
174 General powers in exercise of authority
175 General powers respecting enforcement
176 Appointment of enforcement officers
(2) Appointment of special constables
(2.1) Additional powers
(3) Status of special constables
177 Offences
(2) Separate offences
(3) Directors and officers of corporations
178 General penalty
(2) Consent payments
(3) Orders in addition to penalty
(4) Conditions for fine payment
178.1 Limit re matters enforced under Municipal By-law Enforcement Act
179 Limitation on penalty fixing
180 Inspections
(2) Identification of designated employee
181 No notice in emergencies
182 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 Application for warrant
(2) Application before entry attempted
(3) Daytime execution of warrant
184 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 City remedying contravention etc.
(2) Closure of building and removal of occupants
(3) Notice before removal or demolition
186 Emergencies
(2) Application
(3) Compliance with order
(4) Remuneration for compliance
187 Costs
(2) Proceeds of sale
188 Application to court to enforce by-law
189 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
190 Definitions
(2) Interpretation: evidence property is derelict
191 By-law re derelict building certificates
(2) Public hearing required
(3) Content of by-law
(4) Appeals to committee of council
192 Issuing preliminary derelict building orders
(2) Preliminary order must be registered and served
(3) Exception re service
193 Second notice of preliminary order
(2) Content of second notice
(3) Registration and service of second notice
(4) Exception re service
194 District registrar to register order or notice
(2) Subsequent purchasers are deemed served
(3) Change in ownership does not affect process
195 Substitutional service
(2) Compliance with order for substitutional service
(3) Substitutional service orders may be made at the same time
196 Application for derelict building certificate
(2) Application to EPC or standing committee
(3) Issuance of derelict building certificate
197 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 Issue of title
(2) Court action operates as stay
(3) Validity of title
200 District registrar not obliged to inquire
(2) No action against district registrar
201 Setting aside derelict building certificate
(2) Action to set aside derelict building certificate
201.1 Discharge of orders and certificates by city
(2) Process must recommence
202 Rights and liabilities of a corporation
203 Ancillary powers
204 General powers
205 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 Entry for expropriation purposes
(2) Entry for locating works
(3) Liability for damages
207 Land owned in other municipalities
208 Use of city works
209 General authority
(2) Powers under subsection (1)
210 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
211 General authority
212 Interpretation: "control"
(2) Regulations re: establishing corporations
(3) Incorporation of corporations
(4) Scope of regulation
213 Restrictions re corporate matters
214 Definition
(2) Procurement policy
(3) Contents of policy
215 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
217 Definition of "taxes"
(2) Tax credits
(3) Tax rebates
218 Financial assistance
(2) Forms of financial assistance
(3) Council may require an agreement
(4) Economic and cultural development
219 General authority
(2) Grant, loan and tax credit programs
(3) Provisions re terms and conditions of loans
220 Regulations respecting loans and loan guarantees
(2) Limits re loans and loan guarantees
221 Reduced tax rate on agricultural land
222 Establishing tax increment financing programs
(2) Provisions re tax increment financing programs
223 General powers and duties of city