C.C.S.M. c. M225
The Municipal Act
PART 1 | |
DEFINITIONS AND MUNICIPAL PURPOSES | |
DEFINITIONS | |
1(1) | Definitions |
(2) | Meaning of "must" and "shall" |
(3) | References to population |
(4) | Registered common-law relationship |
2 | Indian Reserves excluded |
MUNICIPAL PURPOSES | |
3 | Municipal purposes |
PART 2 | |
FORMATION, FUNDAMENTAL CHANGES AND DISSOLUTION | |
DIVISION 1 | |
TYPES OF MUNICIPALITIES | |
4(1) | Types of municipalities that may be formed |
(2) | Urban municipality |
(3) | Rural municipality |
(4) | Exception for amalgamation of municipalities |
(5) | Municipality in remote area |
DIVISION 2 | |
MUNICIPALITIES OUTSIDE THE BOUNDARIES OF WINNIPEG | |
SUBDIVISION 1 | |
GENERAL | |
5(1) | Definitions |
(2) | Application of Division to Winnipeg and to land in Winnipeg |
6(1) | Application of Division to unorganized territory |
(2) | Formation and annexation proposals |
(3) | Minister of Aboriginal and Northern Affairs as a municipality |
7 | Regulations by minister |
8(1) | Joint proposal to annex non-contiguous land |
(2) | Only one proposal or application permitted |
SUBDIVISION 2 | |
FORMATION AND DISSOLUTION | |
9 | Application |
PROPOSALS | |
10(1) | Proponents |
(2) | Formation proposal for Northern Manitoba |
(3) | Initiating a proposal |
(4) | Proposal by voters |
11(1) | Sufficiency of petition |
(2) | Information about each petitioner |
(3) | Manner of witnessing signature on a petition |
(4) | Number of petitioners required |
(5) | Counting the number of petitioners |
(6) | Representative of petitioners |
(7) | Filing of petition |
(8) | Secretary to determine sufficiency of petition |
(9) | Process where petition is not sufficient |
(10) | Re-filing of petition |
(11) | No change in petition after filing or re-filing |
12 | Content of proposal |
13(1) | Notice when minister is proponent |
(2) | Notice when council is proponent |
(3) | Notice when voters are proponents |
REPORT BY PROPONENT | |
14(1) | Application of section |
(2) | Negotiations and consultations |
(3) | Report on negotiations and consultations |
(4) | Report to Municipal Board |
15 | Consultations and report when no negotiations |
16(1) | Notice and public availability of report |
(2) | Response when report inaccurate |
(3) | Giving copies of response |
17 | When report or consultation insufficient |
18 | Notice when report not to be considered |
CONSIDERATION BY MUNICIPAL BOARD | |
19 | Report to be application |
20(1) | Procedure on general agreement |
(2) | When no objection |
21(1) | When hearing required |
(2) | When hearing may be held |
22(1) | Notice and conduct of hearing |
(2) | Notice of hearing |
23(1) | Duties and powers in making decision |
(2) | Failure to conduct study |
(3) | Vote held by municipality |
(4) | Vote held by minister |
(5) | Regulations Act does not apply |
REPORT OF MUNICIPAL BOARD | |
24(1) | Report by Municipal Board |
(2) | Content of report |
(3) | Notice of report |
(4) | Availability of report |
(5) | Copy of report to be provided on payment of fee |
(6) | Fee |
25 | Referral of report by minister |
26 | Reference to Municipal Board |
27 | Notice when no regulation is made |
28 | No further proposals for one year |
FORMATION AND DISSOLUTION REGULATIONS | |
29 | Validity of formation or dissolution regulation |
30(1) | Formation regulation |
(2) | Requirements of regulation |
(3) | Limitation on naming cities |
(4) | Additional regulation-making powers |
(5) | Repeal of regulation under clause (2)(e) or (4)(a) |
31(1) | Dissolution regulation |
(2) | Requirements of regulation |
SUBDIVISION 3 | |
PROCEDURE FOR CHANGE OF NAME | |
32 | Change of name regulation |
33(1) | Effect of name change |
(2) | Use of former name |
SUBDIVISION 4 | |
AMALGAMATION AND ANNEXATION PROPOSALS | |
34(1) | Proponents |
(2) | Initiating a proposal |
35 | Content of proposal |
36(1) | Notice when minister is proponent |
(2) | Notice when council is proponent |
REPORT BY PROPONENT | |
37(1) | Negotiations and consultations |
(2) | Report on negotiations and consultations |
(3) | Report to Municipal Board |
38 | Application of sections 16 to 22 |
39(1) | Duties and powers in making decision |
(2) | Failure to conduct study |
(3) | Vote held by municipality |
(4) | Vote held by minister |
(5) | Regulations Act does not apply |
REPORT OF MUNICIPAL BOARD | |
40(1) | Report of Municipal Board |
(2) | Content of report |
(3) | Notice of report |
(4) | Availability of report |
(5) | Copy of report to be provided on payment of fee |
(6) | Fee |
41 | Referral of report by minister |
42 | Reference to Municipal Board |
43 | Notice when no regulation is made |
44 | No further proposals for one year |
AMALGAMATION AND ANNEXATION REGULATIONS | |
45 | Validity of amalgamation or annexation regulation |
46(1) | Amalgamation regulation |
(2) | Requirements of regulation |
(3) | Amalgamation within three months after election |
47 | Annexation regulation |
48 | Minor annexation |
49 | Requirements of annexation regulation |
SUBDIVISION 5 | |
GENERAL PROVISIONS RELATING TO REGULATIONS | |
50(1) | Effect of certain regulations |
(2) | When public reserve sold |
(3) | Use of proceeds or money |
(4) | Powers of minister |
51 | Power to transfer land and other property |
52(1) | Additional matters under certain regulations |
(2) | Extent of regulation-making under subsection (1) |
(3) | Amendment or repeal of regulation |
53(1) | Retroactivity and coming into force |
(2) | Limit on retroactivity |
(3) | Correction of errors in regulations |
DIVISION 3 | |
LOCAL URBAN DISTRICTS: FORMATION, FUNDAMENTAL CHANGES AND DISSOLUTION | |
54 | Interpretation of sufficient petition |
55 | |
56 | Requirements to form local urban district |
57(1) | Initiating a petition |
(2) | Content of petition |
58 | Direct negotiations |
59 | Procedure on agreement |
60(1) | Procedure when no agreement |
(2) | Municipal Board |
61 | Referral of request or recommendation to L.G. in C. |
62 | Notice when no regulation is made |
63 | Validity of regulation |
64(1) | Formation regulation |
(2) | Requirements of regulation |
65(1) | Initiating amendment |
(2) | Amending formation regulation |
(3) | Amendment of boundaries only once a year |
66(1) | Initiating a dissolution of local urban district |
(2) | Referral of petition to minister |
(3) | Referral of petition or request to L.G. in C. |
67(1) | Dissolution regulation |
(2) | Limitation on forming local urban district again |
68 | Notice when no regulation made |
69 | Transitional and other matters |
DIVISION 4 | |
FORMATION OF RURAL MUNICIPALITIES AND ANNEXATION OF LAND FROM THE CITY OF WINNIPEG | |
70 | Application of Division |
71 | Study required before making regulation |
72 | Boundary alteration referred to Municipal Board |
73(1) | Vote may be held |
(2) | Application of The Municipal Councils and School Boards Elections Act |
(3) | Regulations Act does not apply |
74(1) | Application of Division 2 to formation regulations |
(2) | Interpretation |
75(1) | Initiating an annexation |
(2) | Annexation regulation |
(3) | Application of Division 2 to annexation regulations |
(4) | Interpretation |
76 | Minor annexation |
PART 3 | |
COUNCILS | |
DIVISION 1 | |
GENERAL | |
77(1) | Council is governing body |
(2) | Council is continuing body |
78 | Composition |
79(1) | Number of councillors |
(2) | By-law applying to next general election |
(3) | By-law applying after next general election |
(4) | Public notice required |
80 | Titles of councillors and head of council |
81(1) | Youth member |
(2) | Qualification |
(3) | Youth member not counted for quorum or vote |
82 | Council's role |
83(1) | General duties of members |
(2) | Duties of the head of council |
84 | Member may discuss confidential matter with C.A.O. |
85(1) | Matters that a council may delegate |
(2) | Matters that a council may not delegate |
DIVISION 2 | |
ELECTIONS | |
86(1) | General election of council every four years |
(2) | |
(3) | General election in Dunnottar, Victoria Beach and Winnipeg Beach |
87(1) | Election by whole municipality or by wards |
(2) | By-law for election by wards |
(3) | By-law effective for next general election |
(4) | Public notice required |
(5) | Content of by-law |
88 | Criteria for division into wards |
89(1) | Review by Municipal Board |
(2) | Hearing |
(3) | Power on review |
90(1) | Eligibility for nomination and election |
(2) | Application to Flin Flon |
91 | Persons who are disqualified |
92(1) | Definition |
(2) | |
(3) | Exception of chief administrative officer |
(4) | Leave of absence for municipal election |
(5) | Candidacy in other elections |
(6) | |
(7) | Election as member of council or committee of L.U.D. |
(8) | |
(9) | Reinstatement of defeated candidate |
(10) | Reinstatement of elected candidate |
(11) | |
(12) | Other benefits |
93 | |
94(1) | When member becomes disqualified |
(2) | Eligibility at next election |
(3) | Eligibility after disqualification under Conflict of Interest Act |
95(1) | Disqualified person must resign |
(2) | Application to court |
(3) | How application made |
(4) | Who may apply |
(5) | When application may be made |
(6) | Powers of court on application |
96(1) | Appeal |
(2) | No stay |
(3) | Reinstatement |
(4) | No reinstatement if term has expired |
97 | Reimbursement of costs and expenses |
98 | |
99(1) | Term of office after general election |
(2) | Powers of outgoing council after election day |
100 | First meeting of new council after election |
101(1) | Oath of office |
(2) | Failure to comply |
102(1) | Vacancy in councillor position after general election |
(2) | Vacancy in head of council position after general election |
(3) | Vacancy after by-election |
(4) | Section does not apply in case of a tie or death |
103 | Appointment of administrator if no council or quorum |
104(1) | Resignation of member |
(2) | Effective day of resignation |
(3) | |
(4) | C.A.O. to report resignation to council |
105(1) | By-election to fill vacancy on council |
(2) | Appointment of head of council by councillors |
(3) | By-election to be held on request of council |
106(1) | Term of office of appointed member |
(2) | Term of office of member elected at by-election |
(3) | Appointed, elected person to file oath of office |
DIVISION 3 | |
COUNCIL COMMITTEES | |
107(1) | Composition of council committees |
(2) | Head of council is member of all committees |
108 | When committee resolution binds council |
109(1) | Application of council provisions to committees |
(2) | Council may exempt employee committee |
DIVISION 4 | |
CONFLICT OF INTEREST | |
110(1) | Application of Conflict of Interest Act to member of L.U.D. committee |
(2) | Application of Conflict of Interest Act to member of committee other than L.U.D. committee |
(3) | Interpretation of subsection (2) |
111 | Eligibility of elected member of L.U.D. committee after disqualification |
DIVISION 5 | |
LOCAL URBAN DISTRICTS | |
112(1) | Status and membership of committee |
(2) | |
(3) | Councillor when municipality has wards |
113(1) | District to vote in election of committee members |
(2) | Provisions applicable to election |
(3) | Appointment when no quorum |
(4) | Person eligible for only one office |
(5) | Municipal Councils and School Boards Elections Act applies |
114(1) | Committee of L.U.D. to pass procedures resolution |
(2) | Committee bound by procedures resolution |
(3) | Application of procedures by-law |
115 | Duties of committee members |
116(1) | Compensation and expenses of committee members |
(2) | Interpretation of compensation provisions |
(3) | Limit on compensation and expenses |
(4) | Compensation and expenses of appointed councillor |
117(1) | Responsibilities of committee |
(2) | Restriction on delegation |
118(1) | Definition |
(2) | Content of service plan |
119(1) | Application of Part 6, Division 1 |
(2) | Consultation with council |
(3) | Reserve fund |
(4) | Administration of fund |
120(1) | Duties of council |
(2) | When tax revenue insufficient |
(3) | Excess tax revenue |
121 | Prohibition re taxes |
122 | Resolution of disputes by Municipal Board |
123 | |
DIVISION 6 | |
COMPENSATION | |
124(1) | Definitions |
(2) | Council may set compensation and expenses |
(3) | Member may accept payment |
(4) | Financial statements to show payments to members |
PART 4 | |
CHIEF ADMINISTRATIVE OFFICER AND DESIGNATED OFFICERS | |
CHIEF ADMINISTRATIVE OFFICER | |
125(1) | Establishment of position of C.A.O. |
(2) | Majority of number of members required |
(3) | Council may give title other than "C.A.O." |
126 | C.A.O. entitlement in certain circumstances |
127(1) | C.A.O.'s responsibilities |
(2) | C.A.O.'s administrative duties |
(3) | C.A.O. duties re council committees |
128(1) | Duty of C.A.O. if money not lawfully used |
(2) | Minister's powers after receiving notice |
129 | Delegation by C.A.O. |
DESIGNATED OFFICERS | |
130 | Establishment of designated officer positions |
131 | Delegation by designated officer |
PART 5 | |
PRACTICE AND PROCEDURES | |
DIVISION 1 | |
COUNCILS | |
132 | Council to designate municipal office |
133 | Minutes of council meetings |
134(1) | Signing agreements, cheques, instruments |
(2) | Reproduction of signature |
QUORUM | |
135(1) | Quorum for council meetings |
(2) | Number of councillors required for quorum |
(3) | Minimum number for quorum |
(4) | When member not to be counted |
VOTING | |
136 | One vote per member |
137 | Minutes of vote on third reading of a by-law |
138 | Tie vote defeats by-law or resolution |
139(1) | Council reconsidering decision |
(2) | Record of reconsideration in minutes |
BY-LAWS AND RESOLUTIONS | |
140(1) | Methods by which a council may act |
(2) | Where council must act by by-law |
(3) | Where council may act by resolution |
(4) | Effect of acting by by-law when resolution is sufficient |
141 | Passing a resolution |
142(1) | Proposed by-law to be given three readings |
(2) | Limit of two readings at one meeting |
(3) | Text to be available before first reading |
(4) | Text to be available before third reading |
(5) | Procedure at each reading |
143 | When public hearing on by-law is to be held |
144 | Rescission of previous by-law readings |
145 | When a by-law is passed |
146(1) | When a by-law comes into force |
(2) | Where approval required |
(3) | No retroactivity without specific authority |
147(1) | Power to amend and repeal a by-law |
(2) | Manner of repeal or amendment |
ORGANIZATION AND PROCEDURE | |
148(1) | Council to pass an organizational by-law |
(2) | Content of organizational by-law |
149(1) | Council to pass procedures by-law |
(2) | Council bound by procedures by-law |
(3) | Content of procedures by-law |
(4) | Further content of procedures by-law |
150(1) | Meeting through electronic communications |
(2) | Participating member deemed to be present |
SPECIAL MEETINGS | |
151(1) | Head of council convening special meeting |
(2) | Notice according to procedures by-law |
(3) | Meeting to be called under procedures by-law |
(4) | Effect of notice given to absent member |
(5) | Member may waive notice |
(6) | Agenda at special meeting |
DIVISION 2 | |
PUBLIC PRESENCE AT MEETINGS | |
152(1) | Meetings to be conducted in public |
(2) | Public's right to be present at meetings |
(3) | When council or council committee may close meeting |
(4) | Resolution to re-open a closed meeting |
DIVISION 3 | |
PETITIONS AND PUBLIC HEARINGS | |
PETITIONS | |
153 | Petitions must conform to this Division |
154(1) | Sufficiency of petition |
(2) | Petition's purpose to be stated on each page |
(3) | Information about each petitioner |
(4) | Manner of witnessing signature on a petition |
(5) | Number of petitioners required |
(6) | Petitioners for local improvement or special service |
(7) | Entity may authorize individual to sign |
(8) | Counting the number of petitioners |
(9) | Petition must name representative |
155 | Filing |
156(1) | C.A.O. to determine sufficiency of certain petitions |
(2) | Process where petition is not sufficient |
(3) | Re-filing of petition |
(4) | C.A.O. to advise council of notice given |
157(1) | Presentation of petition to council |
(2) | No change in petition after presentation |
158 | Petition is received on presentation |
159 | Council's consideration of petition |
PUBLIC HEARINGS | |
160(1) | Application |
(2) | Attendance of members at public hearing |
(3) | Procedure at public hearing |
(4) | Council may establish procedure in by-law |
(5) | Notice of continuation of adjourned hearing |
PART 6 | |
FINANCIAL ADMINISTRATION | |
DIVISION 1 | |
FINANCIAL PLANS | |
161 | Fiscal year is calendar year |
162(1) | Council must adopt financial plan for each fiscal year |
(2) | Council to hold public hearing on financial plan |
(3) | New public hearing when certain items revised |
(3.1) | Increase in requisition only |
(4) | Financial plan to be filed with minister |
(5) | Council may request extension of time |
163 | Council may adopt interim operating budget |
164(1) | Expenditures to be estimated in operating budget |
(2) | Revenue and transfers to be estimated |
(3) | Expenditures not to exceed transfers and revenue |
(4) | Utilities expenditures not to exceed transfers and revenue |
(5) | Transfer from accumulated surplus or reserve fund |
165(1) | Council to obtain approval for anticipated deficiency |
(2) | Council to obtain approval for anticipated deficiency in utility |
166 | Content of capital budget |
167 | Content of capital expenditure program |
168(1) | Council may establish reserve funds |
(2) | Expenditure from reserve fund with specific purpose |
169(1) | Expenditures |
(2) | Expenditure for purpose not set out in budgets |
(3) | Expenditure or transfer of revenue exceeding estimate |
(4) | Expenditure from capital budget |
(5) | Expenditures exceeding budgets |
(6) | Public hearing necessary for some expenditures |
(7) | No public hearing if specific purpose reserve is used |
(8) | Content of notice |
170 | Employees who handle money to be bonded |
171(1) | Certain use of municipal money an offence |
(2) | Civil liability of the member |
(3) | Joint and several liability |
(4) | Municipality or voter may take action |
(5) | Exception of declared state of emergency |
DIVISION 2 | |
BORROWING | |
172 | Definitions |
173(1) | Council may borrow for operating expenses |
(2) | Application to borrowing |
174(1) | Borrowing must be authorized by by-law |
(2) | Council may exclude certain borrowing from budgets |
(3) | Content of borrowing by-law |
175 | Repeal or amendment of borrowing by-law |
176 | Every proposed borrowing to be approved by board |
177 | Use of borrowed money restricted to stated purpose |
178 | Application of money borrowed |
179 | Term of borrowing for capital property |
DIVISION 3 | |
LOANS | |
180(1) | Municipality may make loans |
(2) | Content of by-law authorizing loan |
DIVISION 4 | |
INVESTMENTS | |
181(1) | Definition |
(2) | Authorized investments |
(3) | Membership in non-profit organization |
DIVISION 5 | |
ANNUAL FINANCIAL STATEMENTS AND AUDITOR'S REPORT | |
182 | Definition |
183(1) | Annual financial statements |
(2) | Annual financial information returns |
184(1) | Council to appoint an auditor for each year |
(2) | Member or employee not to be appointed |
(3) | Council to inform minister of appointment |
(4) | Minister may appoint if council does not appoint |
(5) | Qualifications for appointment as auditor |
185(1) | Municipality to pay auditor's fees and expenses |
(2) | Certain bodies to pay auditor's fees and expenses |
186(1) | Scope of auditor's examination |
(2) | Auditor not required to audit certain bodies |
187(1) | Auditor's entitlement to access |
(2) | Auditor's entitlement to information |
188(1) | Financial institution to provide information |
(2) | Information from land titles offices and courts |
189 | Auditor must report failure to comply |
190(1) | Timing and content of auditor's report |
(2) | Auditor to submit supplement with report |
191 | Auditor to provide minister with information |
192 | Council to provide minister with information |
193(1) | Auditor to give report to head of council and minister |
(2) | Head of council to table report at next regular meeting |
194 | Public notice of auditor's report |
195 | Auditor to give report to head of audited body |
196(1) | Council to advise minister of action taken |
(2) | Minister may take action |
197(1) | Auditor or minister may act as commissioner |
(2) | Auditor or minister may retain counsel |
198 | Offence and penalty |
DIVISION 6 | |
MUNICIPALITIES IN FINANCIAL DIFFICULTIES | |
SUPERVISION | |
199 | Definition |
200(1) | Order of supervision |
(2) | Submission of program by municipality |
(3) | Directions and approval by supervisor |
(4) | Notice of orders |
(5) | Effect of Municipal Board Act |
201 | Minister may prescribe program |
202 | Amendment of program |
203 | Current borrowings |
204 | Ministerial directions |
205 | Borrowing in contravention of order |
206 | Municipality remains subject to Act |
207 | Payment of expenses |
ADMINISTRATION | |
208(1) | Appointment of administrator |
(2) | Notice in Manitoba Gazette |
(3) | Effect of appointment |
209 | Powers of administrator |
210 | Administrator may demand books |
211 | Administrator to be bonded |
212 | Administrator under control of minister |
213 | Advisory committee |
214 | Supervision by minister |
215 | Approval of administrator's by-laws |
216 | Payment of expenses |
217 | Restoration of municipal status |
RECEIVERSHIP | |
218 | Dissolution of municipality |
219(1) | Effect of dissolution |
(2) | Publication in Manitoba Gazette |
220 | Receiver under control of minister |
221 | Receiver may demand books |
222 | Powers to realize upon assets |
223 | Receiver to be bonded |
224 | Application of money |
225 | Payment of expenses |
226 | Distribution of assets for school purposes |
GENERAL | |
227 | Regulations |
228 | Offence and penalty |
PART 7 | |
BY-LAWS: GENERAL JURISDICTION | |
DIVISION 1 | |
APPLICATION | |
229 | Geographic application of by-laws |
230 | By-law inconsistent with other legislation |
DIVISION 2 | |
SPHERES OF JURISDICTION | |
231 | Guide to interpreting power to pass by-laws |
232(1) | Spheres of jurisdiction |
(2) | Exercising by-law-making powers |
233 | Content of by-laws under clause 232(1)(c) |
234 | Content of by-laws under clause 232(1)(f) |
235 | Charge re local transportation system under clause 232(1)(m) |
235.1(1) | Requirements prior to passing by-law under clause 232(1)(n.1) |
(2) | Content of heritage tax credit by-law |
236(1) | Content of by-laws under clause 232(1)(o) |
(2) | Application of clause 232(1)(o) |
237 | No licence required for sale of own produce |
238 | Fee in addition to business or amusement tax |
DIVISION 3 | |
ENFORCEMENT OF BY-LAWS | |
239(1) | Municipal inspections and enforcement |
(2) | Identification |
(3) | Emergencies |
240(1) | Court authorized inspections and enforcement |
(2) | Court order |
241(1) | Inspection of meters |
(2) | Court order |
242(1) | Order to remedy contravention |
(2) | Content of order |
243(1) | Order to remedy dangers and unsightly property |
(2) | Further content of order |
244(1) | Review by council |
(2) | Powers of council |
245(1) | Municipality remedying contraventions |
(2) | Closure of premises |
(3) | Costs |
246(1) | Remedying dangers and unsightly property |
(2) | Removal of occupants |
(3) | Costs |
(4) | Proceeds of sale |
247(1) | Emergencies |
(2) | Application |
(3) | Compliance with order |
(4) | Remuneration for service or materials |
(5) | Costs |
248 | Application to court to enforce by-law |
249(1) | Contravention of by-law is an offence |
(2) | Continuing offence |
(3) | Disposition of fines |