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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 | Repealed | |
| 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 | ||
| DATE OF ELECTIONS | ||
| 86 | (1) | General election of council every four years |
| (2) | Repealed | |
| (3) | General election in Dunnottar, Victoria Beach and Winnipeg Beach | |
| WARDS | ||
| 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 | |
| ELIGIBILITY FOR NOMINATION AND ELECTION | ||
| 90 | (1) | Eligibility for nomination and election |
| (2) | Application to Flin Flon | |
| 91 | Persons who are disqualified | |
| RIGHTS OF EMPLOYEES IN ELECTIONS | ||
| 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 | Repealed | |
| CAMPAIGN FINANCING | ||
| 93.1 | (1) | Definitions |
| (2) | Value of non-monetary contribution | |
| 93.2 | By-law on expenses and contributions | |
| 93.3 | (1) | Registration of prospective candidates |
| (2) | Information that must be provided | |
| (3) | Report of change in information | |
| 93.4 | No contribution, expenses or borrowing until registered | |
| 93.5 | Registered candidate entitled to copy of voters list | |
| 93.6 | (1) | Only individual residents may contribute |
| (2) | Application to Flin Flon | |
| (3) | Limit on contributions by individuals | |
| (4) | Prohibited contributions not to be accepted | |
| (5) | Return of contribution | |
| 93.7 | (1) | Candidate's personal contributions |
| (2) | Limit applies to contributions of candidate | |
| 93.8 | Anonymous contributions | |
| 93.9 | (1) | Loans only from financial institutions |
| (2) | Prohibition making loan | |
| (3) | Loans to registered candidates | |
| (4) | Loan must be paid into campaign account | |
| (5) | Loan payments must be made from campaign account | |
| (6) | Loan payments made in different manner | |
| 93.10 | No loans from registered candidates to others | |
| 93.11 | Duties of registered candidate | |
| 93.12 | (1) | Candidate to file election finance statement |
| (2) | Further statement | |
| 93.13 | (1) | Audit may be required |
| (2) | Qualifications of auditor | |
| (3) | Appointment of auditor | |
| (4) | Audit expenses are not campaign expense | |
| (5) | Effective date of by-law | |
| 93.14 | Claims for campaign expenses | |
| 93.15 | (1) | Surplus payable to municipality |
| (2) | Release of surplus | |
| 93.16 | (1) | Failure by elected candidate to file statement |
| (2) | Forfeiture of seat | |
| (3) | Failure of other registered candidates to file | |
| 93.17 | (1) | By-law establishing tax credits and rebates for contributions |
| (2) | Contents of by-law | |
| 93.18 | (1) | By-law establishing reimbursement of campaign expenses |
| (2) | Contents of by-law | |
| 93.19 | (1) | Offence and penalty |
| (2) | Time limits on prosecution | |
| DISQUALIFICATION OF MEMBERS | ||
| 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 | Repealed | |
| TERM OF OFFICE, FIRST COUNCIL MEETING, OATH OF OFFICE | ||
| 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 | |
| VACANCIES AND BY-ELECTIONS | ||
| 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) | Repealed | |
| (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 | |
| TERM OF OFFICE | ||
| 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) | Repealed | |
| (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 | Repealed | |
| 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, DESIGNATED OFFICERS AND CODE OF CONDUCT FOR EMPLOYEES | ||
| 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 | |
| EMPLOYEE CODE OF CONDUCT | ||
| 131.1 | (1) | Employee code of conduct |
| (2) | Content: conflict of interest rules | |
| 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) | |
| 233.1 | (1) | Content of by-laws under clause 232(1)(c.1) |
| (2) | Restriction | |
| 233.2 | (1) | Content of by-laws under clause 232(1)(c.2) |
| (2) | Application of Condominium Act definitions | |
| (3) | Content of by-law | |
| (4) | Additional content | |
| (5) | Considerations | |
| 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 | |
| 247.1 | (1) | Definitions |
| (2) | Interpretation: evidence property is derelict | |
| 247.2 | (1) | By-law re derelict building orders, second notices and certificates |
| (2) | Public hearing required | |
| (3) | Content of by-law | |
| 247.3 | (1) | Issuing preliminary derelict building orders |
| (2) | Preliminary order must be registered and served | |
| (3) | Exception re service | |
| 247.4 | (1) | Second notice of preliminary order |
| (2) | Content of second notice | |
| (3) | Registration and service of second notice | |
| (4) | Exception re service | |
| 247.5 | (1) | District registrar to register order or notice |
| (2) | Subsequent purchasers are deemed served | |
| (3) | Change in ownership does not affect process | |
| 247.6 | (1) | Substitutional service |
| (2) | Compliance with order for substitutional service | |
| (3) | Substitutional service orders may be made at the same time | |
| 247.7 | (1) | Application for derelict building certificate |
| (2) | Issuance of derelict building certificate | |
| 247.8 | (1) | Registration of certificate and application for title |
| (2) | Content of application | |
| (3) | How application to be treated | |
| (4) | Deemed notice etc. | |
| (5) | Deadline for application | |
| 247.9 | No claim in respect of property | |
| 247.10 | (1) | Issue of title |
| (2) | Court application operates as stay | |
| (3) | Validity of title | |
| 247.11 | (1) | District registrar not obliged to inquire |
| (2) | No action against district registrar | |
| 247.12 | (1) | Application to set aside derelict building certificate |
| (2) | Setting aside derelict building certificate | |
| 247.13 | (1) | Discharge of orders and certificates by municipality |
| (2) | Process must recommence | |
| 248 | Application to court to enforce by-law | |
| 249 | (1) | Contravention of by-law is an offence |
| (2) | Continuing offence | |
| (3) | Disposition of fines | |
| 249.1 | Proof of boarding up | |