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S.M. 2002, c. 39

The City of Winnipeg Charter

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Table of Contents

224 Adoption of Plan Winnipeg
225 Initiation of amendments to Plan Winnipeg
(2) Right to hearing
(3) Application may be refused
226 Periodic review
(2) Minister's order to review
(3) Method of review
(3.1) Consultations re schools
(3.2) Subject matter of consultation with school boards
(4) By-law to be re-enacted, amended or replaced
(5) Conformance with provincial land use policies
227 Hearings on Plan Winnipeg by-laws
(2) Second reading of proposed by-law
228 Submission to minister
(2) Notice of second reading
229 Decision of minister
(2) Referral to Municipal Board
(3) Where by-law approved by minister
230 Hearing by Municipal Board
(2) Adoption after Municipal Board report
(3) Notice on non-adoption
231 Forwarding copy of by-law to minister
232 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
234 Adoption of secondary plans
(2) Conformity with Plan Winnipeg
(3) Adoption and amendment process
235 Compliance with plan by-laws
236 Council to pass zoning by-laws
(2) Content of zoning by-law
(2.1) "Affordable housing" to be defined
236.1 Interpretation: when are objections sufficient?
(2) Hearing on zoning by-law
(3) Alteration to zoning by-law
(4) No hearing for minor alteration
(5) Effect of objections
(6) Notice of first reading: sufficient objections
(7) Referral to Municipal Board
(8) Hearing by Municipal Board
(9) Restrictions on adoption of by-law
237 Where non-conforming use not permitted
238 Effect of zoning by-law on caveats
(2) Development scheme is a restriction
239 Amendment required by Municipal Board
240 Authority for development agreements
(1.1) Content of development agreement
(2) Registration of agreement in L.T.O.
(3) Agreement binding on successors
(4) Timing of agreement
240.1 Development agreements for affordable housing
240.2 Agreements
(2) Purpose
(3) Content
(4) Effect of agreement
(5) Definition
241 Previously conforming building and use continued
(2) What constitutes existing building
242 Certificate may be issued
243 Limitation on alteration or addition
(2) Damaged non-conforming building
244 Non-conforming use ending after 12 months
(2) Effect of change of ownership on use
245 Cancellation of permits
(2) Expenses where permit cancelled
(3) Arbitration
246 Withholding permit
(1.1) Application for permit
(1.2) When application is complete
(1.3) Extension by agreement
(1.4) Applications to be forwarded
(2) Extension of withholding
(3) Compensation
246.1 Failing to issue permit when by-law changes are not pending
247 Approval of variances
(2) Authority respecting variances
(3) Criteria for approving variances
(4) Restrictions on variances
248 Disposition of applications for variances
(2) Submissions before setting conditions
249 Procedure by planning commission
250 Notice of decision
(2) Notice of decision by planning commission
251 Appeals on variances
(2) Appeals to committee of council
(3) Procedure for appeal
252 Termination of variances
253 Approval of conditional uses
(2) Authority respecting conditional uses
254 Procedure for applications for conditional uses
255 Subdivision standards by-law
(2) Content of standards by-law
(3) Referral of proposed subdivision standards by-law for report
256 Delegation to committee of council
(2) Hearing on certain applications
257 Restriction on approvals of plans of subdivision
(2) Submission before setting conditions
258 Effect of approval by committee or employee
259 Conditions for plans of subdivision
(2) Effect of agreement
259.2 Prohibition — advertising future school buildings
(2) Exception
(3) Definitions
259.3 Offence
260 Authority to grant consents
(2) Consent to dealing with land
(3) Submission before setting conditions
261 Certificate of consent
(2) Expiry of consent
262 Land conveyed to city
(2) Money received by city
263 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
265 Declaration respecting expiry of plans
(2) Notice of by-law
(3) Registration of by-law
(4) Coming into force of by-law
266 Registration of plan of subdivision in L.T.O.
(2) Time of approval
267 Restriction on subdivisions in floodway area
(2) Agreements re land in floodway areas
(3) Registration and amendment of agreement
268 Caveat respecting agreements
(2) Withdrawal of caveats
269 Regulations re protection of airport vicinity
(3) Compliance with regulations under subsection (1)
270 Referral to Municipal Board
(2) Hearing by Municipal Board
(3) Restriction on adoption of by-law
271 Zoning by-laws in airport vicinity protection area
272 Application of section 270
273 Establishment of planning commission
(2) Application
274 Powers, duties and functions of commission
(2) Committee of council duties assigned to commission
(3) Planning commission to act by resolution
275 Initiation of development proposals
(2) Rejection of applications
(3) Appeal of rejection
276 Amendments for errors or corrections
277 Notices of hearings
278 Combined hearings and notices
(3) Exercise of powers where hearings combined
279 Material available for inspection
280 Recommendations by hearing body
(2) Decisions by hearing body
(2.1) Reasons for rejection
(3) Notice of report to council
281 Consideration of recommendation re by-law
(2) Reasons for rejection
282 Notice respecting by-law
282.1 Appeal of decisions
(2) No appeal if conformance with Municipal Board recommendations
(3) Time limit for appeal
(4) Notice of appeal
(5) Notice and appeal hearing
(6) Additional notice: airport vicinity protection area
(7) Decision of Municipal Board
(8) Conditions
(9) Notice of decision
(10) Decision not subject to appeal
(11) Effect of decision: plans of subdivision
(12) Effect of decision: development agreements
282.2 Appeals concerning failing to proceed
(2) No decision from combined hearing
(3) Filing an appeal
(4) Costs on appeal re failing to proceed
(5) Board retains discretion as to costs
283 Fiscal year
284 Annual operating budget
(2) Capital budget and forecast
(3) Regulations — financial reporting
285 Content of operating budget
(2) Expenditures not to exceed revenues
286 Content of capital budget and capital forecast
288 Expenditures
(2) Expenditures before budget adopted
(3) Expenditures for purposes not set out in budget
289 Reserve funds
(2) Definition of "financial institution"
(3) Investment of reserve funds
(4) Restriction on use of reserve funds
290 Investment of money
291 Financial agreements
(2) Policy for financial agreements
(3) Changes in the policy must be approved
292 Definition of "relevant sinking fund account"
293 Temporary borrowing
294 Long-term borrowing authority
(2) Approval of Minister of Finance required
(3) Details in application
(4) Consideration by Minister of Finance
295 Reference to Municipal Board
(2) Report of Municipal Board
296 Notification to city
297 Borrowing must complies with conditions
298 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 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 Policy for variable interest rate securities
(2) Changes in the policy must be approved
301 Use of money received
(2) Money not required
(3) Reduction of levies etc.
(4) Full amount recoverable
302 Refinancing city securities
303 Consolidating securities by-laws
(2) Contents of by-law
304 Limitation on use of sinking funds
(2) Deficiency in sinking fund
305 Chief financial officer's duties re sinking funds
306 Management of sinking funds
(2) Payments from sinking fund account
(3) Surpluses in sinking fund account
307 Establishment of Sinking Fund Committee
(2) Powers and duties of Sinking Fund Committee
(3) Chief financial officer may not delegate
308 Borrowing in foreign currencies
(2) Calculation of amount
309 Restrictions
(2) Unused borrowing authority may be rescinded
310 Liability on local improvement securities
311 Defect in form
312 Application of section 86 of Municipal Board Act
313 Evidence respecting city securities
314 Annual financial statements
315 Definitions
(2) Definitions in Municipal Assessment Act apply
316 Municipal Assessment Act applies
(2) All businesses to be assessed
(3) Exception
317 Specific exemptions
318 Annual rental value to include cost of services
(2) Basis of annual rental value
(3) Determining annual rental value
319 Subtenants and assessment
(2) Filling stations
(3) Gas distribution system
320 By-law requiring licence
(2) Collection of licence in lieu fees
321 By-law requiring licence of mobile homes
(2) No licence for tourists
(3) Collection of mobile home licence fees
322 Adjustment of business tax on reassessment
(2) Limitation on by-law under subsection (1)
323 Utility corporations' property assessments
(2) Liability of corporation for other tax
324 Telephone companies
325 Completion of assessment rolls
(2) Form of rolls
326 Certification of rolls
327 Defects do not invalidate
328 Assessment rolls valid and binding
328.1 Content of electronic assessment information
329 Rolls subject to revision
330 Change in taxes payable
(2) Change in tax after revision
332 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
333 Exemption from taxation
(2) Agreements regarding taxes
(3) Taxes payable in certain cases
334 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 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
336 Preparation of tax rolls
337 Tax rolls may be combined
(2) Tax roll may be combined with assessment roll
338 Form of rolls
339 Content of tax roll
(2) Assessed value re community revitalization property
340 Cancellation or reduction of taxes
(2) Amended tax notice
(3) Refunds
(4) Period of refunds
341 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 Validity of tax rolls
(2) Adjustments to tax rolls
344 Issuing tax notices
(2) Entry of date of notice
(3) Material with tax notices
345 If land in tax arrears subdivided
(2) If plans of subdivision cancelled
346 Refund and charging
347 Council may cancel taxes
348 Council may set penalties
(2) Collection of penalties
(3) Penalty applies in spite of appeal
349 Interest on refunds for amount paid before July 1, 2021
350 Payments on tax arrears
351 Collection remedies
(2) Debt owing to city
(3) Evidence of taxes payable
352 Tax certificate
(2) Certificate binding
353 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 Priority in bankruptcy
(2) Personal property of bankrupt liable
355 Sale or distraint for lien under subsection 353(2)
356 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 Restriction on distraint
(2) Where subsection (1) not to apply
358 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 Sale of distrained goods
(2) Notice of sale
363 Proceeds of sale of seized property
(2) Where person entitled not known
364 Application to court re seizure
(2) Order on application
365 Assets insufficient to cover taxes
366 Building not to be removed if taxes unpaid
(2) Transfer of taxes
367 Tenant required to pay rent to city
(2) Effect of payment by tenant
368 Action by tenant to recover taxes paid
369 Insurance money applied to taxes
(2) Limitation on application of subsection (1)
(3) Application of insurance money
(4) Insurers to notify tax collector
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 First notice to registered owner
(2) Second notice to registered owner
(3) Manner of giving notice
377 Prior right of city to purchase
(2) Purchase money not needed
378 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 Tax sale certificate
(2) Modified certificate
383 Statement of payment of balance
(2) Where balance not paid
384 Rights of tax purchaser
(2) Right of city to enter unoccupied real property
386 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
389 Return to L.T.O.
390 Redeeming by payment to district registrar
391 District registrar's duties
(2) Money not subject to attachment
392 Payment by city to tax purchaser
393 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
394 Tax purchaser's application for title
(2) How application to be treated
(3) Failure to make application
395 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 Issue of title
(2) Validity of title
398 District registrar not obliged to inquire
(2) No action against district registrar
399 Withdrawal by city
400 Effect on building restriction covenants
(2) Notice of by-law
401 Surplus proceeds
(2) Priority of claims to excess
(3) Proceeds of a tax sale to city
(4) Excess not paid out
402 Grounds for setting aside tax sale
(2) Where sale set aside
403 Action to set aside tax sale
404 Forms and fees for land titles office
405 Application of Real Property Act
406 Definitions
407 Determination of real property benefited
(2) Different determination for different improvements
408 Initiation of local improvement
409 Notice of proposal
(2) Property not fronting on improvement
(3) Contents of notice
(4) When notice and hearing not required
410 Where city's real property benefited
(2) Where real property benefited is exempt
411 Effect of objections
412 By-law authorizing local improvement
(2) Calculating local improvement taxes
(3) Exceptional cases
413 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 Reconstruction of private works
(2) Costs collected in same manner
422 Consolidated by-laws
(2) Provisions of consolidating by-law
423 Power to defer charges
(2) Notice of deferment
424 Commuting charges
425 Collection of local improvement taxes
426 Initiation of district proposal
(2) Contents of district proposal
427 Referral to committee
428 Action by council after hearing
(2) Notice of proposed by-law
(3) Contents of notice
429 Effect of objections
430 District improvements by-laws
(2) Methods of levying
(3) Entire cost paid by local improvement taxes
431 Application of certain provisions
432 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
434 Definitions
435 Purpose of business improvement zone
436 Establishment of business improvement zones
(2) Content of by-law establishing a zone
437 Policies and procedures for zones
438 Annual budgets must be approved by by-law
(2) Circumstance where budget may not be approved
439 Tax in zone
(2) Collection of charges
440 Expenditures by boards
(2) Indebtedness
(3) Unexpended funds
441 Definitions
(2) Determination of base load
442 Tax on electricity and gas
(2) Exceptions
443 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 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
451 Definitions
(2) Meaning of "official languages"
452 General obligation of city
(2) Interpretation
(3) Limitation of obligation
453 Use of French in council and its committees
(2) Notice
454 Official languages at City Hall
(2) Official languages at designated locations
(3) Written communications
(4) Subsequent communications
(5) St. Boniface office
455 Application
(2) Receipt of municipal services in St. Boniface Ward
(3) Municipal services for designated area
(4) Subsequent communications
456 Notices, statements etc.
(2) Forms and brochures
457 Publication of notices and advertisements
(2) Public notices may be published separately
(3) Cost of publication
458 Signs respecting municipal services
(2) General information signs
(3) Street and traffic signs
459 Contents of access guide
(2) Availability of access guide
(3) Updating access guide
460 By-law for implementation
(2) Priority services
461 French language co-ordinator
462 Annual report to minister
463 Complaint to ombudsman
464 "By-law" defined
465 Application for declaration of invalidity
(2) Applicant's requirements
(3) Order
(4) No declaration on certain grounds
466 Limit on application re securities by-law
(2) Effect of application re securities by-law
467 Application of section 465 to committees
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
475 Streets to be kept in repair
(2) Restriction on responsibility
(3) Restrictions on liability
476 Nuisance on street
477 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
482 Limited liability for public facilities
483 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
485 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
488 Protection from liability
489 Holidays
490 Limitation on actions respecting streets
(2) Falls due to snow or ice
491 Limitation on actions respecting public facilities
492 Notice not required in case of death
(2) Requirement of notice
493 Limitation of actions respecting works
(2) Limitation of actions respecting signs
494 Limitation of actions respecting taxes
495 Appeals re planning or development
(2) Time for appeal
(3) Proceedings on appeal
496 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
497 Liability restricted
(2) Exception for defamation
(3) Liability of city
498 City may take out insurance
499 Authentication of by-law
500 Execution of documents
(2) Execution of documents where no by-law in force
501 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
503 Prosecution of corporation
504 Proof of carrying on business
(2) Advertisement or announcement as evidence
505 Definition of "transient trader"
(2) Onus re carrying on business
506 Presumption re litter
507 Proof of by-law
508 Proof of boarding up
509 Meaning of "running at large"
(2) Offence re dogs running at large
(3) Onus on prosecution
510 Animal causing damage
(2) Procedure
511 Exemption by L.G. in C.
512 Hearing required
(2) Purpose of hearing
(3) Notice and adjournment of hearing and report
513 Authority to recover costs
514 Application of Noxious Weeds Act
(2) Costs of weed destruction
515 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
516 Definitions
(2) City may discharge instruments
(3) Specific process
517 Definition of "former Act"
518 Continuation of by-laws, resolutions
(2) Restriction
519 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 Sinking Fund Trustees continued
(2) Trustees continued
(3) Limitation
(4) Audit requirements
521 Investments and liabilities
522 Museum board continues to operate museums
523 L. G. in C. Regulations
(2) Timing of regulations
524 to 535 [amendments to other Acts]
536 [unproclaimed amendments to sections 90 and 91]
537 Repeal
538 Citation
539 Coming into force
(2) Coming into force: section 536