C.C.S.M. c. M225
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| PART 1
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| DEFINITIONS AND MUNICIPAL PURPOSES
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| DEFINITIONS
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1(1)
| Definitions
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(2)
| Meaning of "must" and "shall"
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(3)
| References to population
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(4)
| Registered common-law relationship
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2
| Indian Reserves excluded
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| MUNICIPAL PURPOSES
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3
| Municipal purposes
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| PART 2
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| FORMATION, FUNDAMENTAL CHANGES AND DISSOLUTION
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| DIVISION 1
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| TYPES OF MUNICIPALITIES
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4(1)
| Types of municipalities that may be formed
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(2)
| Urban municipality
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(3)
| Rural municipality
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(4)
| Exception for amalgamation of municipalities
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(5)
| Municipality in remote area
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| DIVISION 2
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| MUNICIPALITIES OUTSIDE THE BOUNDARIES OF WINNIPEG
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| SUBDIVISION 1
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| GENERAL
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5(1)
| Definitions
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(2)
| Application of Division to Winnipeg and to land in Winnipeg
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6(1)
| Application of Division to unorganized territory
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(2)
| Formation and annexation proposals
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(3)
| Minister of Aboriginal and Northern Affairs as a municipality
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7
| Regulations by minister
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8(1)
| Joint proposal to annex non-contiguous land
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(2)
| Only one proposal or application permitted
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| SUBDIVISION 2
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| FORMATION AND DISSOLUTION
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9
| Application
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| PROPOSALS
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10(1)
| Proponents
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(2)
| Formation proposal for Northern Manitoba
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(3)
| Initiating a proposal
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(4)
| Proposal by voters
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11(1)
| Sufficiency of petition
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(2)
| Information about each petitioner
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(3)
| Manner of witnessing signature on a petition
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(4)
| Number of petitioners required
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(5)
| Counting the number of petitioners
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(6)
| Representative of petitioners
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(7)
| Filing of petition
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(8)
| Secretary to determine sufficiency of petition
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(9)
| Process where petition is not sufficient
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(10)
| Re-filing of petition
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(11)
| No change in petition after filing or re-filing
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12
| Content of proposal
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13(1)
| Notice when minister is proponent
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(2)
| Notice when council is proponent
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(3)
| Notice when voters are proponents
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| REPORT BY PROPONENT
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14(1)
| Application of section
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(2)
| Negotiations and consultations
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(3)
| Report on negotiations and consultations
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(4)
| Report to Municipal Board
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15
| Consultations and report when no negotiations
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16(1)
| Notice and public availability of report
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(2)
| Response when report inaccurate
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(3)
| Giving copies of response
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17
| When report or consultation insufficient
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18
| Notice when report not to be considered
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| CONSIDERATION BY MUNICIPAL BOARD
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19
| Report to be application
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20(1)
| Procedure on general agreement
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(2)
| When no objection
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21(1)
| When hearing required
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(2)
| When hearing may be held
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22(1)
| Notice and conduct of hearing
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(2)
| Notice of hearing
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23(1)
| Duties and powers in making decision
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(2)
| Failure to conduct study
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(3)
| Vote held by municipality
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(4)
| Vote held by minister
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(5)
| Regulations Act does not apply
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| REPORT OF MUNICIPAL BOARD
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24(1)
| Report by Municipal Board
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(2)
| Content of report
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(3)
| Notice of report
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(4)
| Availability of report
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(5)
| Copy of report to be provided on payment of fee
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(6)
| Fee
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25
| Referral of report by minister
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26
| Reference to Municipal Board
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27
| Notice when no regulation is made
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28
| No further proposals for one year
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| FORMATION AND DISSOLUTION REGULATIONS
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29
| Validity of formation or dissolution regulation
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30(1)
| Formation regulation
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(2)
| Requirements of regulation
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(3)
| Limitation on naming cities
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(4)
| Additional regulation-making powers
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(5)
| Repeal of regulation under clause (2)(e) or (4)(a)
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31(1)
| Dissolution regulation
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(2)
| Requirements of regulation
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| SUBDIVISION 3
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| PROCEDURE FOR CHANGE OF NAME
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32
| Change of name regulation
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33(1)
| Effect of name change
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(2)
| Use of former name
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| SUBDIVISION 4
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| AMALGAMATION AND ANNEXATION PROPOSALS
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34(1)
| Proponents
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(2)
| Initiating a proposal
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35
| Content of proposal
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36(1)
| Notice when minister is proponent
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(2)
| Notice when council is proponent
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| REPORT BY PROPONENT
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37(1)
| Negotiations and consultations
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(2)
| Report on negotiations and consultations
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(3)
| Report to Municipal Board
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38
| Application of sections 16 to 22
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39(1)
| Duties and powers in making decision
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(2)
| Failure to conduct study
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(3)
| Vote held by municipality
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(4)
| Vote held by minister
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(5)
| Regulations Act does not apply
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| REPORT OF MUNICIPAL BOARD
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40(1)
| Report of Municipal Board
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(2)
| Content of report
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(3)
| Notice of report
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(4)
| Availability of report
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(5)
| Copy of report to be provided on payment of fee
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(6)
| Fee
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41
| Referral of report by minister
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42
| Reference to Municipal Board
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43
| Notice when no regulation is made
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44
| No further proposals for one year
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| AMALGAMATION AND ANNEXATION REGULATIONS
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45
| Validity of amalgamation or annexation regulation
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46(1)
| Amalgamation regulation
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(2)
| Requirements of regulation
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(3)
| Amalgamation within three months after election
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47
| Annexation regulation
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48
| Minor annexation
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49
| Requirements of annexation regulation
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| SUBDIVISION 5
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| GENERAL PROVISIONS RELATING TO REGULATIONS
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50(1)
| Effect of certain regulations
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(2)
| When public reserve sold
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(3)
| Use of proceeds or money
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(4)
| Powers of minister
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51
| Power to transfer land and other property
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52(1)
| Additional matters under certain regulations
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(2)
| Extent of regulation-making under subsection (1)
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(3)
| Amendment or repeal of regulation
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53(1)
| Retroactivity and coming into force
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(2)
| Limit on retroactivity
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(3)
| Correction of errors in regulations
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| DIVISION 3
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| LOCAL URBAN DISTRICTS: FORMATION, FUNDAMENTAL CHANGES AND DISSOLUTION
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54
| Interpretation of sufficient petition
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55
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56
| Requirements to form local urban district
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57(1)
| Initiating a petition
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(2)
| Content of petition
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58
| Direct negotiations
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59
| Procedure on agreement
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60(1)
| Procedure when no agreement
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(2)
| Municipal Board
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61
| Referral of request or recommendation to L.G. in C.
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62
| Notice when no regulation is made
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63
| Validity of regulation
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64(1)
| Formation regulation
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(2)
| Requirements of regulation
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65(1)
| Initiating amendment
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(2)
| Amending formation regulation
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(3)
| Amendment of boundaries only once a year
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66(1)
| Initiating a dissolution of local urban district
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(2)
| Referral of petition to minister
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(3)
| Referral of petition or request to L.G. in C.
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67(1)
| Dissolution regulation
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(2)
| Limitation on forming local urban district again
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68
| Notice when no regulation made
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69
| Transitional and other matters
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| DIVISION 4
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| FORMATION OF RURAL MUNICIPALITIES AND ANNEXATION OF LAND FROM THE CITY OF WINNIPEG
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70
| Application of Division
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71
| Study required before making regulation
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72
| Boundary alteration referred to Municipal Board
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73(1)
| Vote may be held
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(2)
| Application of The Municipal Councils and School Boards Elections Act
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(3)
| Regulations Act does not apply
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74(1)
| Application of Division 2 to formation regulations
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(2)
| Interpretation
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75(1)
| Initiating an annexation
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(2)
| Annexation regulation
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(3)
| Application of Division 2 to annexation regulations
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(4)
| Interpretation
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76
| Minor annexation
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| PART 3
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| COUNCILS
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| DIVISION 1
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| GENERAL
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77(1)
| Council is governing body
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(2)
| Council is continuing body
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78
| Composition
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79(1)
| Number of councillors
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(2)
| By-law applying to next general election
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(3)
| By-law applying after next general election
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(4)
| Public notice required
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80
| Titles of councillors and head of council
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81(1)
| Youth member
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(2)
| Qualification
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(3)
| Youth member not counted for quorum or vote
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82
| Council's role
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83(1)
| General duties of members
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(2)
| Duties of the head of council
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84
| Member may discuss confidential matter with C.A.O.
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85(1)
| Matters that a council may delegate
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(2)
| Matters that a council may not delegate
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| DIVISION 2
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| ELECTIONS
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86(1)
| General election of council every four years
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(2)
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(3)
| General election in Dunnottar, Victoria Beach and Winnipeg Beach
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87(1)
| Election by whole municipality or by wards
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(2)
| By-law for election by wards
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(3)
| By-law effective for next general election
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(4)
| Public notice required
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(5)
| Content of by-law
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88
| Criteria for division into wards
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89(1)
| Review by Municipal Board
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(2)
| Hearing
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(3)
| Power on review
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90(1)
| Eligibility for nomination and election
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(2)
| Application to Flin Flon
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91
| Persons who are disqualified
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92(1)
| Definition
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(2)
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(3)
| Exception of chief administrative officer
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(4)
| Leave of absence for municipal election
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(5)
| Candidacy in other elections
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(6)
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(7)
| Election as member of council or committee of L.U.D.
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(8)
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(9)
| Reinstatement of defeated candidate
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(10)
| Reinstatement of elected candidate
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(11)
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(12)
| Other benefits
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93
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94(1)
| When member becomes disqualified
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(2)
| Eligibility at next election
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(3)
| Eligibility after disqualification under Conflict of Interest Act
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95(1)
| Disqualified person must resign
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(2)
| Application to court
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(3)
| How application made
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(4)
| Who may apply
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(5)
| When application may be made
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(6)
| Powers of court on application
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96(1)
| Appeal
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(2)
| No stay
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(3)
| Reinstatement
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(4)
| No reinstatement if term has expired
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97
| Reimbursement of costs and expenses
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98
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99(1)
| Term of office after general election
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(2)
| Powers of outgoing council after election day
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100
| First meeting of new council after election
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101(1)
| Oath of office
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(2)
| Failure to comply
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102(1)
| Vacancy in councillor position after general election
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(2)
| Vacancy in head of council position after general election
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(3)
| Vacancy after by-election
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(4)
| Section does not apply in case of a tie or death
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103
| Appointment of administrator if no council or quorum
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104(1)
| Resignation of member
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(2)
| Effective day of resignation
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(3)
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(4)
| C.A.O. to report resignation to council
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105(1)
| By-election to fill vacancy on council
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(2)
| Appointment of head of council by councillors
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(3)
| By-election to be held on request of council
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106(1)
| Term of office of appointed member
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(2)
| Term of office of member elected at by-election
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(3)
| Appointed, elected person to file oath of office
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| DIVISION 3
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| COUNCIL COMMITTEES
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107(1)
| Composition of council committees
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(2)
| Head of council is member of all committees
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108
| When committee resolution binds council
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109(1)
| Application of council provisions to committees
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(2)
| Council may exempt employee committee
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| DIVISION 4
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| CONFLICT OF INTEREST
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110(1)
| Application of Conflict of Interest Act to member of L.U.D. committee
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(2)
| Application of Conflict of Interest Act to member of committee other than L.U.D. committee
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(3)
| Interpretation of subsection (2)
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111
| Eligibility of elected member of L.U.D. committee after disqualification
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| DIVISION 5
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| LOCAL URBAN DISTRICTS
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112(1)
| Status and membership of committee
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(2)
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(3)
| Councillor when municipality has wards
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113(1)
| District to vote in election of committee members
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(2)
| Provisions applicable to election
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(3)
| Appointment when no quorum
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(4)
| Person eligible for only one office
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(5)
| Municipal Councils and School Boards Elections Act applies
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114(1)
| Committee of L.U.D. to pass procedures resolution
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(2)
| Committee bound by procedures resolution
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(3)
| Application of procedures by-law
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115
| Duties of committee members
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116(1)
| Compensation and expenses of committee members
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(2)
| Interpretation of compensation provisions
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(3)
| Limit on compensation and expenses
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(4)
| Compensation and expenses of appointed councillor
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117(1)
| Responsibilities of committee
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(2)
| Restriction on delegation
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118(1)
| Definition
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(2)
| Content of service plan
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119(1)
| Application of Part 6, Division 1
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(2)
| Consultation with council
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(3)
| Reserve fund
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(4)
| Administration of fund
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120(1)
| Duties of council
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(2)
| When tax revenue insufficient
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(3)
| Excess tax revenue
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121
| Prohibition re taxes
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122
| Resolution of disputes by Municipal Board
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123
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| DIVISION 6
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| COMPENSATION
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124(1)
| Definitions
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(2)
| Council may set compensation and expenses
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(3)
| Member may accept payment
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(4)
| Financial statements to show payments to members
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| PART 4
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| CHIEF ADMINISTRATIVE OFFICER AND DESIGNATED OFFICERS
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| CHIEF ADMINISTRATIVE OFFICER
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125(1)
| Establishment of position of C.A.O.
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(2)
| Majority of number of members required
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(3)
| Council may give title other than "C.A.O."
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126
| C.A.O. entitlement in certain circumstances
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127(1)
| C.A.O.'s responsibilities
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(2)
| C.A.O.'s administrative duties
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(3)
| C.A.O. duties re council committees
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128(1)
| Duty of C.A.O. if money not lawfully used
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(2)
| Minister's powers after receiving notice
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129
| Delegation by C.A.O.
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| DESIGNATED OFFICERS
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130
| Establishment of designated officer positions
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131
| Delegation by designated officer
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| PART 5
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| PRACTICE AND PROCEDURES
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| DIVISION 1
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| COUNCILS
|
132
| Council to designate municipal office
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133
| Minutes of council meetings
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134(1)
| Signing agreements, cheques, instruments
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(2)
| Reproduction of signature
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| QUORUM
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135(1)
| Quorum for council meetings
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(2)
| Number of councillors required for quorum
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(3)
| Minimum number for quorum
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(4)
| When member not to be counted
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| VOTING
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136
| One vote per member
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137
| Minutes of vote on third reading of a by-law
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138
| Tie vote defeats by-law or resolution
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139(1)
| Council reconsidering decision
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(2)
| Record of reconsideration in minutes
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| BY-LAWS AND RESOLUTIONS
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140(1)
| Methods by which a council may act
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(2)
| Where council must act by by-law
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(3)
| Where council may act by resolution
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(4)
| Effect of acting by by-law when resolution is sufficient
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141
| Passing a resolution
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142(1)
| Proposed by-law to be given three readings
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(2)
| Limit of two readings at one meeting
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(3)
| Text to be available before first reading
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(4)
| Text to be available before third reading
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(5)
| Procedure at each reading
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143
| When public hearing on by-law is to be held
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144
| Rescission of previous by-law readings
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145
| When a by-law is passed
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146(1)
| When a by-law comes into force
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(2)
| Where approval required
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(3)
| No retroactivity without specific authority
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147(1)
| Power to amend and repeal a by-law
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(2)
| Manner of repeal or amendment
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| ORGANIZATION AND PROCEDURE
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148(1)
| Council to pass an organizational by-law
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(2)
| Content of organizational by-law
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149(1)
| Council to pass procedures by-law
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(2)
| Council bound by procedures by-law
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(3)
| Content of procedures by-law
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(4)
| Further content of procedures by-law
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150(1)
| Meeting through electronic communications
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(2)
| Participating member deemed to be present
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| SPECIAL MEETINGS
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151(1)
| Head of council convening special meeting
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(2)
| Notice according to procedures by-law
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(3)
| Meeting to be called under procedures by-law
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(4)
| Effect of notice given to absent member
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(5)
| Member may waive notice
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(6)
| Agenda at special meeting
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| DIVISION 2
|
| PUBLIC PRESENCE AT MEETINGS
|
152(1)
| Meetings to be conducted in public
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(2)
| Public's right to be present at meetings
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(3)
| When council or council committee may close meeting
|
(4)
| Resolution to re-open a closed meeting
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| DIVISION 3
|
| PETITIONS AND PUBLIC HEARINGS
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| 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
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| PUBLIC HEARINGS
|
160(1)
| Application
|
(2)
| Attendance of members at public hearing
|
(3)
| Procedure at public hearing
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(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
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(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
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| 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
|