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S.M. 2002, c. 39
The City of Winnipeg Charter
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 | |
| (2) | Application — designated officials | |
| 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 | |
| 181 | No notice in emergencies | |
| 182 | Inspection programs conducted by public notice | |
| (2) | Public notice of inspections | |
| (3) | Appointment lapses | |
| (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 |