C.C.S.M. c. M225
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| PART 8
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| CORPORATE POWERS
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| DIVISION 1
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| GENERAL POWERS
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| 250(1)
| Municipality is corporation
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| (2)
| General powers
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| 251(1)
| Power to acquire property
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| (2)
| Exercising power to mortgage
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| 252(1)
| Powers respecting works, services, utilities
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| (2)
| Collection of fees
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| 253(1)
| Scope of agreements
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| (2)
| Power to enter agreements and use funds
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| 254(1)
| Expropriation for municipal purpose
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| (2)
| Authority to enter upon land
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| 255
| Land acquired in other municipality
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| 256
| Maintenance of municipal cemeteries
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| 257
| Municipality may not assert lack of authority
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| DIVISION 2
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| ECONOMIC DEVELOPMENT
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| 258(1)
| Definition
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| (2)
| Encouraging economic development
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| (3)
| Strategic plan
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| (4)
| Condition of grant
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| DIVISION 3
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| TAX SHARING AGREEMENTS
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| 259
| Agreements
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| 259.1
| Application to City of Winnipeg
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| DIVISION 4
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| SERVICES IN OTHER MUNICIPALITIES
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| 260(1)
| Providing service to other municipality
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| (2)
| Terms and conditions
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| (3)
| Municipality may pay charges
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| DIVISION 5
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| GRANTS, TAX CREDITS AND TAX INCREMENT FINANCING
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| 261(1)
| Power to make grants
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| (2)
| Benefit may be to only part of municipality
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| (3)
| Recipient may be outside municipality
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| (4)
| Grant to regional development corporation
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| (5)
| Condition of grant to regional development corporation
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| (6)
| Definition
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| 261.1
| Definitions
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| 261.2(1)
| Establishing financial assistance programs
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| (2)
| Provisions of financial assistance programs
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| 261.3(1)
| Establishing tax increment financing programs
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| (2)
| Provisions of tax increment financing programs
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| PART 9
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| DUTIES OF MUNICIPALITIES
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| DIVISION 1
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| RETENTION AND DISPOSITION OF MUNICIPAL RECORDS
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| 262(1)
| Retention of municipal records
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| (2)
| Certain documents not to be destroyed
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| DIVISION 2
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| ACCESS TO INFORMATION
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| 263(1)
| Municipal records to be provided on request
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| (2)
| Council may authorize access to other records
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| (3)
| Copy of municipal record
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| (4)
| Copying fees
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| (5)
| Certain information not available
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| DIVISION 3
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| FIRE PROTECTION SERVICES AND POLICE SERVICES
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| FIRE PROTECTION SERVICES
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| 264
| Fire protection services
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| 265
| Fire protection force
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| 266
| Agreement
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| 267(1)
| Fees for false alarms
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| (2)
| Collection of fees
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| 268
| Services of fire protection force
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| 269
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| 270
| Powers of fire protection force
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| POLICE SERVICES
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| 271(1)
| Certain urban municipalities
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| (2)
| Other urban municipalities, and rural municipalities
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| (3)
| Amalgamated municipalities
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| 272(1)
| Agreements respecting policing
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| (2)
| Effect of agreement
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| (3)
| Powers and duties of constables
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| DIVISION 4
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| 273 to 278
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| 279
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| 280 and 281
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| DIVISION 5
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| PHYSICALLY DISABLED PERSONS' PARKING
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| 282
| Definitions
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| 283(1)
| Parking by-law for physically disabled persons
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| (2)
| Fine
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| (3)
| Vehicle towed
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| (4)
| Transitional
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| 284(1)
| By-law for designated parking spaces
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| (2)
| Content of by-law
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| DIVISION 6
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| MUNICIPAL ROADS
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| 285
| Definition of "municipal road"
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| 286(1)
| Title to land
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| (2)
| Certain rights preserved
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| 287
| Control of municipal roads
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| 288
| Powers respecting municipal roads
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| 289
| Opening a municipal road
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| 290(1)
| Closing a municipal road
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| (2)
| Notice of proposed closing
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| 291(1)
| Leasing land with closed municipal road
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| (2)
| Sale of land used for municipal road
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| (3)
| Mines and minerals in land with closed municipal road
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| (4)
| Sale of land shown as road allowance
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| 292
| Sand and gravel
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| 293
| Maintenance of municipal roads and certain land after approval
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| 294
| Standard of construction and maintenance
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| DIVISION 6.1
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| DRAINS
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| 294.1(1)
| Definition
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| (2)
| Jurisdiction over drains
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| (3)
| Duties re drains
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| (4)
| Municipality's power to clear drains
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| DIVISION 7
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| INTER-MUNICIPAL ROADS, BRIDGES, AND DRAINS
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| 295(1)
| Joint responsibility to maintain
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| (2)
| Standard of construction and maintenance
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| (3)
| Agreement to construct or maintain
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| (4)
| Joint jurisdiction over municipal roads and bridges
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| (5)
| Reference to Municipal Board
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| (6)
| Application to City of Winnipeg
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| DIVISION 8
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| DROWNINGS AND UNCLAIMED BODIES
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| 296(1)
| Recovery of body of drowned person
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| (2)
| Municipality to bury unclaimed body
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| (3)
| Recovery of costs
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| (4)
| Recovery of costs from estate
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| 297
| Application to City of Winnipeg
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| PART 10
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| POWERS OF TAXATION
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| DIVISION 1
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| GENERAL
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| 298(1)
| Definitions
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| (2)
| Interpretation
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| 299(1)
| Liability for taxes in respect of property
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| (2)
| Liability for taxes in respect of business
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| (3)
| Joint liability
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| (4)
| No charge on land
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| 300(1)
| Annual tax roll
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| (2)
| Tax rolls may be separate
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| (3)
| Tax roll may be part of assessment roll
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| (4)
| Content of tax roll
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| (5)
| Error or omission in tax roll
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| (6)
| Cancellation or reduction of taxes re property
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| (6.1)
| Cancellation or reduction of taxes re business
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| (7)
| Amended tax notice
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| 301(1)
| Error or omission based on false information
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| (2)
| No liability on innocent purchaser
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| 302(1)
| Annual tax notices
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| (2)
| Tax notices may be combined
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| (3)
| Content of tax notice
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| (4)
| If mailing address not shown
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| (5)
| Retained notice deemed to be sent
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| (6)
| Certificate
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| 303
| Receipt for taxes paid
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| DIVISION 2
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| PROPERTY TAXES
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| 304(1)
| Property tax by-law
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| (2)
| By-law to be filed
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| (3)
| Amendment of by-law
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| (4)
| Imposition of tax on part of municipality
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| DIVISION 3
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| BUSINESS TAX
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| 305
| Application
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| 306(1)
| Business tax by-law
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| (2)
| Maximum tax rate
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| 307
| Part year use or occupancy
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| 308
| Fees in lieu of business taxes
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| 309
| Tax or fee in addition to other taxes
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| DIVISION 3.1
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| MOBILE HOMES
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| 309.1(1)
| Definitions
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| (2)
| Amending mobile home licence fees
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| (3)
| Phasing out mobile home licences
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| DIVISION 4
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| LOCAL IMPROVEMENTS AND SPECIAL SERVICES
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| 310
| Definition
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| 311
| Local improvement
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| 312
| Special service
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| 313
| Plan or proposal
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| 314
| Content of proposal
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| 315(1)
| Content of plan
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| (2)
| Estimated cost of local improvement
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| (3)
| Costs to be paid by municipality
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| (4)
| Calculation of tax rates
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| (5)
| Apportionment of estimated cost
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| 316(1)
| Basis for calculating taxes
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| (2)
| Corner and irregular lots
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| (3)
| Reduction for lands abutting a road
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| (4)
| Property subject to tax
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| 317(1)
| Local improvement districts and special services areas
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| (2)
| Reference to local improvement district or special services area
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| 318(1)
| Notice of plan or proposal and public hearing
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| (1.1)
| Time to send notice
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| (2)
| Content of notice
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| (3)
| Notice to railway company
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| (4)
| Notice where tax to be levied on all taxpayers
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| 319(1)
| Objection to plan or proposal
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| (2)
| Content of notice
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| (3)
| Construction of sewer
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| 320(1)
| By-law to approve plan or proposal
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| (2)
| Objection by 2/3 of potential taxpayers
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| (3)
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| (4)
| Requirements before third reading
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| (5)
| Taxpayer objection to third reading
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| (6)
| Requirements of objection
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| 321(1)
| Hearing by Municipal Board
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| (2)
| Municipal Board decision
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| (3)
| Notice and opportunity to be heard
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| (4)
| Limitation on third reading
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| 322(1)
| Amendment after subdivision, consolidation or change in plan
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| (2)
| Reduction in local improvement taxes
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| 323
| Agreement re land required for local improvement
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| 324
| Excess taxes
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| 325
| Prepayment of local improvement taxes
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| DIVISION 5
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| SUPPLEMENTARY TAXES
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| 326(1)
| Supplementary taxes re property
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| (1.1)
| Supplementary taxes re business
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| (2)
| Supplementary taxes based on set rates
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| (3)
| Period for which supplementary taxes are payable
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| 327(1)
| Supplementary tax notice
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| (2)
| Content of notice
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| 328(1)
| Application to board of revision
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| (2)
| Requirements of application
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| (3)
| Requirements of Municipal Assessment Act
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| DIVISION 6
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| AMUSEMENT TAX
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| 329
| Definitions
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| 330(1)
| Amusement tax by-law
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| (2)
| Rates of tax
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| (3)
| Collection of tax
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| 331
| Payment in lieu of tax
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| 332
| Exemption from tax
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| 333
| Application to City of Winnipeg
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| DIVISION 7
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| GRANTS IN LIEU OF TAXES
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| 334
| Definitions
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| 335(1)
| Grants payable in lieu of taxes
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| (2)
| Liability for grant
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| (3)
| Amount of grant
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| (4)
| Exceptions
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| (5)
| Application of subsection (4)
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| (6)
| Delayed exemption
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| (7)
| Local improvement taxes payable before acquisition
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| (8)
| Grant in respect of Legislative Building, Government House
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| 336
| M.P.I.C.
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| 337
| Leaf Rapids Town Properties Ltd.
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| 338
| Application to City of Winnipeg
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| PART 11
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| TAX AND DEBT COLLECTION
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| DIVISION 1
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| GENERAL
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| 339
| Definitions
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| 340(1)
| Application of payments
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| (2)
| Application to tax on specific property or business
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| 341(1)
| Tax certificate
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| (2)
| Certificate binding
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| 342(1)
| Collection remedies
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| (2)
| Debt to municipality
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| 343(1)
| Repayment of taxes paid under protest
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| (2)
| Limited entitlement to repayment
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| (3)
| Appeal constitutes payment under protest
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| (4)
| No further assessment appeal
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| DIVISION 2
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| INCENTIVES AND PENALTIES
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| 344
| Discount for prepayment
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| 345
| Instalments
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| 346(1)
| "Tax arrears" excludes current year's penalties
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| (2)
| Penalties
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| (3)
| Penalty imposed monthly
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| (4)
| Limitations
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| (5)
| Penalties added to taxes
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| DIVISION 3
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| LIENS FOR TAXES
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| 347(1)
| Special lien on land and improvements
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| (2)
| Special lien on personal property
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| (3)
| Priority of lien
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| (4)
| Priority of lien for taxes
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| (5)
| Effect of bankruptcy or winding-up
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| DIVISION 4
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| SEIZURE AND SALE OF GOODS
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| 348
| Definition
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| 349(1)
| Seizure for taxes
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| (2)
| Warrant for seizure
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| (3)
| Exemption from seizure
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| (4)
| Limitation on exemption
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| 350
| Entry to seize goods
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| 351
| Service of warrant
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| 352
| Acknowledgement
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| 353
| Release not to prejudice municipality
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| 354
| Limited liability for seized goods
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| 355(1)
| Growing crops
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| (2)
| Sale of crops
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| 356(1)
| Sale by public auction
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| (2)
| Notice of auction
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| (3)
| Surplus proceeds of sale
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| 357(1)
| Order for seizure and sale before taxes due
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| (2)
| Application without notice
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| 358(1)
| Application for restitution
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| (2)
| Order for restitution
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| (3)
| No further assessment appeal
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| DIVISION 5
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| MISCELLANEOUS REMEDIES
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| 359
| Removal of improvements
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| 360(1)
| Demand to tenant
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| (2)
| Copy of notice to landlord
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| (3)
| Discharge of tenant's liability
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| 361(1)
| Notification of insurance proceeds
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| (2)
| Content of notice
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| (3)
| Demand for payment
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| (4)
| Application of subsection (3)
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| (5)
| Waiver
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| 362(1)
| Demand to purchaser of oil or natural gas
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| (2)
| Content of notice
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| (3)
| Copy of notice to taxpayer
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| (4)
| Purchaser to remit
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| (5)
| Discharge of purchaser's liability
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| DIVISION 6
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| TAX SALES OF REAL PROPERTY
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| 363(1)
| Definitions
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| (2)
| Interpretation
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| (3)
| Non-application of Real Property Act
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| 364
| Tax arrears list
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| 365(1)
| Mandatory auction
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| (2)
| Council may designate year
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| (3)
| Sale by public auction
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| (4)
| Limitation
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| 366(1)
| Notice of tax sale
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| (2)
| Registration of notice
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| (3)
| Directions for service of notice
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| (4)
| Different directions for different properties
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| 367(1)
| First notice of auction
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| (2)
| Second notice of auction
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| (3)
| Application for substitutional service of notice
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| (4)
| District registrar may grant substitutional service
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| (5)
| Compliance with directions for service
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| (6)
| Content of notice of auction
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| (7)
| Public notice of auction
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| (8)
| Content of public notice of auction
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| 368(1)
| Municipality entitled to possession
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| (2)
| Order for possession
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| 369(1)
| Cancellation or adjournment of auction
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| (1.1)
| Outstanding balance remains owing
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| (2)
| Notice of cancellation or adjournment
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| (3)
| Continuing in possession
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| (4)
| Application of money
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| 370(1)
| Declaratory relief
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| (2)
| Time limit
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| (3)
| Adjournment of tax sale pending outcome of application
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| 371(1)
| Time for payment of arrears and costs
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| (2)
| Tax arrears paid
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| 372
| Conditions of sale, reserve bid
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| 373
| Prohibited bidders, purchasers and agents
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| 374
| Municipality may bid
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| 375(1)
| Sale of property
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| (2)
| Sale for reserved bid
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| (3)
| Sale for less than tax arrears and costs
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| (4)
| No sale
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| 376(1)
| Tax sale application
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| (2)
| Application in name of municipality
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| 377(1)
| Challenge to tax sale
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| (2)
| Time for challenge to tax sale
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| (3)
| Registration of tax sale purchaser as owner
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| (4)
| Title of purchaser
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| (5)
| Application to bring property under new system
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| (6)
| Invalid tax sale does not invalidate purchaser's title
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| 378(1)
| Failure to give proper notice
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| (2)
| Incompleted tax sale
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| 379
| No action against district registrar
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| 380(1)
| Surplus proceeds
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| (2)
| Priority of claim to excess
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| (3)
| Proceeds of sale to municipality
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| (4)
| Application of surplus proceeds
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| 381
| Registrar General
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| PART 12
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| LIABILITY OF MUNICIPALITIES AND OTHER LEGAL MATTERS
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| DIVISION 1
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| CHALLENGING BY-LAWS AND RESOLUTIONS
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| 382(1)
| Application for declaration of invalidity
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| (2)
| When by-law is discriminatory
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| (3)
| Order
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| 383(1)
| Time limit for action under clause 382(1)(d)
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| (2)
| Validity relating to public participation
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| 384
| No challenge on certain grounds
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| DIVISION 2
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| LIABILITY OF MUNICIPALITIES
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| 385
| Definitions
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| MUNICIPAL ROADS
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| 386(1)
| No liability unless municipal road
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| (2)
| Liability for municipal roads
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| (3)
| Liability for location of municipal road
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| BUILDING INSPECTIONS
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| 387(1)
| Requests for inspections
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| (2)
| Negligent inspections
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| (3)
| Certification by professionals
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| (4)
| Matters outside scope of inspection
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| (5)
| Failure to comply with conditions
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| (6)
| Failure to prevent or limit loss
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| (7)
| Inspection not a guarantee
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| OTHER MATTERS
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| 388(1)
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| (2)
| Limited liability for public facility
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| 389
| Limited liability for utilities or services
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| 390
| Limited liability for water overflow
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| 391
| Limitation on standard of care for protective fire services
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| 392
| Exercise of discretion
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| 393
| Liability for remedying contravention of by-law
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| 394
| No liability for negligent supervision by others
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| 395
| No liability for certain nuisances
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| 396(1)
| Notice requirement
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| (2)
| Limitation of actions
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| DIVISION 3
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| JUDGMENTS AGAINST MUNICIPALITIES
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| 397(1)
| Service of judgment
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| (2)
| Payment by municipality
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| (3)
| Borrowing to pay judgment
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| (4)
| Amount of tax
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| 398
| Failure to pay judgment
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| 399
| Effect of deduction
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| 400(1)
| Liens against municipal property
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| (2)
| Registration of judgment
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| 401
| Prohibition of execution against municipality
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| DIVISION 4
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| INDEMNIFICATION OF MEMBERS OF COUNCIL, MUNICIPAL EMPLOYEES, AND VOLUNTEERS
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| 402
| Definitions
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| 403(1)
| Protection from liability
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| (2)
| No protection re defamation
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| (3)
| No protection re municipality
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| 404(1)
| Indemnification on successful defence
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| (2)
| Discretion to indemnify
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| (3)
| Costs incurred under Conflict of Interest Act
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| PART 13
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| MUNICIPAL EMPLOYEES PENSIONS
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| DIVISION 1
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| PENSIONS AND GRATUITIES
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| 405(1)
| Retiring grant or annuity
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| (2)
| Repeal or amendment of by-law
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| 406(1)
| Definition
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| (2)
| Pension plan required
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| (2.1)
| Additional benefits
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| (3)
| Plans before January 1, 1971
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| (4)
| Plan under Division 2
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| (5)
| Termination of pension plan
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| DIVISION 2
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| MUNICIPAL EMPLOYEES BENEFITS PROGRAM
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| 407
| Definitions
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| 408(1)
| Board continued
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| (2)
| Powers of board
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| (3)
| Term of members of the board
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| (4)
| Application of Corporations Act
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| 409
| Fund and plan continued
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| 410(1)
| Board may amend plan
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| (2)
| Trust agreement
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| (3)
| Plan and fund administration after execution of trust agreement
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| (4)
| Additional benefits
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| 411
| Municipalities bound
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| 412
| Deposits to fund
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| 413
| Plan membership
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| 414 to 416
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| PART 14
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| MISCELLANEOUS
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| REGULATIONS
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| 417(1)
| L.G. in C. regulations
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| (2)
| Retroactive regulation
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| (3)
| Time limitation on regulation
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| 418(1)
| Regulations by minister
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| (2)
| Consultation with Municipal Advisory Committee
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| 419
| Publication is proof of compliance
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| NOTICE
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| 420(1)
| Notice of a public hearing
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| (2)
| Content of the notice
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| (3)
| Other public notices
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| (4)
| Content of other public notices
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| (5)
| Certification of public notice
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| 421(1)
| Service of notices and other documents
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| (2)
| Notice of public hearing
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| (3)
| Posting of notice
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| 422
| Service of documents on a municipality
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| CERTIFIED COPIES OF MUNICIPAL RECORDS
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| 423(1)
| Admissibility of certified copy in evidence
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| (2)
| Admissibility of record in converted form
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| (3)
| Certificate
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| (4)
| Judicial notice
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| 424
| Deemed change of certain terms
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| PART 15
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| TRANSITIONAL PROVISIONS
|
| 425
| Definitions
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| 426
| Continuation of certain Acts
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| 427(1)
| Towns, villages and cities continued as urban municipalities
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| (2)
| Rural municipalities continued as rural municipalities
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| 428(1)
| L.G.D.s continued as towns
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| (2)
| L.G.D.s continued as rural municipalities
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| 429
| Effect of continuation of municipality or L.G.D
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| 430
| Annexation in process under former Act
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| 431(1)
| Councils of municipalities continued
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| (2)
| Members continue as if elected under this Act
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| (3)
| Application of clause 91(d) and subsection 92(7)
|
| 432(1)
| Elected committees and councils of L.G.D.s continued
|
| (2)
| Members of committees and councils continued
|
| 433
| Resident administrator of L.G.D.
|
| 434(1)
| Continuation of unincorporated village districts
|
| (2)
| Continuation of unincorporated urban districts
|
| (3)
| Committees of U.V.D.s and U.U.D.s continued
|
| (4)
| Members of committees continued
|
| (5)
| Effect of continuation of U.V.D.s and U.U.D.s
|
| (6)
| By-elections before first general election
|
| 435(1)
| By-laws, resolutions, appointments and other decisions
|
| (2)
| Organizational by-law and procedures by-law
|
| 436
| Licences, permits, approvals and authorizations
|
| 437
| Agreements and contracts
|
| 438
|
|
| 439
| Funds and reserves under former Act
|
| 440
| Borrowing
|
| 441
| Continuation of tax and penalty
|
| 442
| Tax rolls and tax notices
|
| 443
| Tax sales and redemptions
|
| 444
| Application of former Municipal Act to City of Winnipeg
|
| 445
| Transitional regulations
|
|
| PART 16
|
| 446 to 477
|
|
|
| PART 17
|
|
| REPEAL, C.C.S.M. REFERENCE, COMING INTO FORCE
|
| 478
| Repeal
|
| 479
| C.C.S.M. reference
|
| 480
| Coming into force
|
