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C.C.S.M. c. M225
The Municipal Act
| PART 8 | |
| CORPORATE POWERS | |
| DIVISION 1 | |
| GENERAL POWERS | |
| 250(1) | Municipality is corporation |
| (2) | General powers |
| (3) | Policy re private works |
| (4) | Council to set charges for private works |
| (5) | Application |
| 251(1) | Power to acquire property |
| (2) | Exercising power to mortgage |
| 251.1 | Public tendering and procurement policy |
| 252(1) | Powers respecting works, services, utilities |
| (2) | Collection of fees |
| 253(1) | Scope of agreements |
| (2) | Power to enter agreements and use funds |
| 254(1) | Expropriation for municipal purpose |
| (2) | Authority to enter upon land |
| 255 | Land acquired in other municipality |
| 256 | Maintenance of municipal cemeteries |
| 257 | Municipality may not assert lack of authority |
| DIVISION 2 | |
| ECONOMIC DEVELOPMENT | |
| 258(1) | Definition |
| (2) | Encouraging economic development |
| (3) | Strategic plan |
| (4) | Condition of grant |
| DIVISION 3 | |
| TAX SHARING AGREEMENTS | |
| 259 | Agreements |
| 259.1 | Application to City of Winnipeg |
| DIVISION 4 | |
| SERVICES IN OTHER MUNICIPALITIES | |
| 260(1) | Providing service to other municipality |
| (2) | Terms and conditions |
| (3) | Municipality may pay charges |
| DIVISION 5 | |
| GRANTS, TAX CREDITS AND TAX INCREMENT FINANCING | |
| 261(1) | Power to make grants |
| (2) | Benefit may be to only part of municipality |
| (3) | Recipient may be outside municipality |
| (4) | Grant to regional development corporation |
| (5) | Condition of grant to regional development corporation |
| (6) | Definition |
| 261.1 | Definitions |
| 261.2(1) | Establishing financial assistance programs |
| (2) | Provisions of financial assistance programs |
| 261.3(1) | Establishing tax increment financing programs |
| (2) | Provisions of tax increment financing programs |
| PART 9 | |
| DUTIES OF MUNICIPALITIES | |
| DIVISION 1 | |
| RETENTION AND DISPOSITION OF MUNICIPAL RECORDS | |
| 262(1) | Retention of municipal records |
| (2) | Certain documents not to be destroyed |
| DIVISION 2 | |
| ACCESS TO INFORMATION | |
| 263(1) | Municipal records to be provided on request |
| (2) | Council may authorize access to other records |
| (3) | Copy of municipal record |
| (4) | Copying fees |
| (5) | Certain information not available |
| DIVISION 3 | |
| FIRE PROTECTION SERVICES | |
| 264 | Fire protection services |
| 265 | Fire protection force |
| 266 | Agreement |
| 267(1) | Fees for false alarms |
| (2) | Collection of fees |
| 268 | Services of fire protection force |
| 269 | Repealed |
| 270 | Powers of fire protection force |
| 271 | Repealed |
| 272 | Repealed |
| DIVISION 4 | |
| 273 to 278 | Repealed |
| 279 | Repealed |
| 280 and 281 | Repealed |
| DIVISION 5 | |
| PHYSICALLY DISABLED PERSONS' PARKING | |
| 282 | Definitions |
| 283(1) | Parking by-law for physically disabled persons |
| (2) | Fine |
| (3) | Vehicle towed |
| (4) | Transitional |
| 284(1) | By-law for designated parking spaces |
| (2) | Content of by-law |
| DIVISION 6 | |
| MUNICIPAL ROADS | |
| 285 | Definition of "municipal road" |
| 286(1) | Title to land |
| (2) | Certain rights preserved |
| 287 | Control of municipal roads |
| 288 | Powers respecting municipal roads |
| 289 | Opening a municipal road |
| 290(1) | Closing a municipal road |
| (2) | Notice of proposed closing |
| 291(1) | Leasing land with closed municipal road |
| (2) | Sale of land used for municipal road |
| (3) | Mines and minerals in land with closed municipal road |
| (4) | Sale of land shown as road allowance |
| 292 | Sand and gravel |
| 293 | Maintenance of municipal roads and certain land after approval |
| 294 | Standard of construction and maintenance |
| DIVISION 6.1 | |
| DRAINS | |
| 294.1(1) | Definition |
| (2) | Jurisdiction over drains |
| (3) | Duties re drains |
| (4) | Municipality's power to clear drains |
| DIVISION 7 | |
| INTER-MUNICIPAL ROADS, BRIDGES, AND DRAINS | |
| 295(1) | Joint responsibility to maintain |
| (2) | Standard of construction and maintenance |
| (3) | Agreement to construct or maintain |
| (4) | Joint jurisdiction over municipal roads and bridges |
| (5) | Reference to Municipal Board |
| (6) | Application to City of Winnipeg |
| DIVISION 8 | |
| DROWNINGS AND UNCLAIMED BODIES | |
| 296(1) | Recovery of body of drowned person |
| (2) | Municipality to bury unclaimed body |
| (3) | Recovery of costs |
| (4) | Recovery of costs from estate |
| 297 | Application to City of Winnipeg |
| PART 10 | |
| POWERS OF TAXATION | |
| DIVISION 1 | |
| GENERAL | |
| 298(1) | Definitions |
| (2) | Interpretation |
| 299(1) | Liability for taxes in respect of property |
| (2) | Liability for taxes in respect of business |
| (3) | Joint liability |
| (4) | No charge on land |
| 300(1) | Annual tax roll |
| (2) | Tax rolls may be separate |
| (3) | Tax roll may be part of assessment roll |
| (4) | Content of tax roll |
| (4.1) | Assessed value re community revitalization property |
| (5) | Error or omission in tax roll |
| (6) | Cancellation or reduction of taxes re property |
| (6.1) | Cancellation or reduction of taxes re business |
| (7) | Amended tax notice |
| 301(1) | Error or omission based on false information |
| (2) | No liability on innocent purchaser |
| 302(1) | Annual tax notices |
| (2) | Tax notices may be combined |
| (3) | Content of tax notice |
| (4) | If mailing address not shown |
| (5) | Retained notice deemed to be sent |
| (6) | Certificate |
| 303 | Receipt for taxes paid |
| DIVISION 2 | |
| PROPERTY TAXES | |
| 304(1) | Property tax by-law |
| (2) | By-law to be filed |
| (3) | Amendment of by-law |
| (4) | Imposition of tax on part of municipality |
| DIVISION 3 | |
| BUSINESS TAX | |
| 305 | Application |
| 306(1) | Business tax by-law |
| (2) | Maximum tax rate |
| 307 | Part year use or occupancy |
| 308 | Fees in lieu of business taxes |
| 309 | Tax or fee in addition to other taxes |
| DIVISION 3.1 | |
| MOBILE HOMES | |
| 309.1(1) | Definitions |
| (2) | Amending mobile home licence fees |
| (3) | Phasing out mobile home licences |
| DIVISION 4 | |
| LOCAL IMPROVEMENTS AND SPECIAL SERVICES | |
| 310 | Definition |
| 311 | Local improvement |
| 312 | Special service |
| 313 | Plan or proposal |
| 314 | Content of proposal |
| 315(1) | Content of plan |
| (2) | Estimated cost of local improvement |
| (3) | Costs to be paid by municipality |
| (4) | Calculation of tax rates |
| (5) | Apportionment of estimated cost |
| 316(1) | Basis for calculating taxes |
| (2) | Corner and irregular lots |
| (3) | Reduction for lands abutting a road |
| (4) | Property subject to tax |
| 317(1) | Local improvement districts and special services areas |
| (2) | Reference to local improvement district or special services area |
| 318(1) | Notice of plan or proposal and public hearing |
| (1.1) | Time to send notice |
| (2) | Content of notice |
| (3) | Notice to railway company |
| (4) | Notice where tax to be levied on all taxpayers |
| 319(1) | Objection to plan or proposal |
| (2) | Content of notice |
| (3) | Construction of sewer |
| 320(1) | By-law to approve plan or proposal |
| (2) | Objection by 2/3 of potential taxpayers |
| (3) | Repealed |
| (4) | Requirements before third reading |
| (5) | Taxpayer objection to third reading |
| (6) | Requirements of objection |
| 321(1) | Hearing by Municipal Board |
| (2) | Municipal Board decision |
| (3) | Notice and opportunity to be heard |
| (4) | Limitation on third reading |
| 322(1) | Amendment after subdivision, consolidation or change in plan |
| (2) | Reduction in local improvement taxes |
| 323 | Agreement re land required for local improvement |
| 324 | Excess taxes |
| 325 | Prepayment of local improvement taxes |
| DIVISION 5 | |
| SUPPLEMENTARY TAXES | |
| 326(1) | Supplementary taxes re property |
| (1.1) | Supplementary taxes re business |
| (2) | Supplementary taxes based on set rates |
| (3) | Period for which supplementary taxes are payable |
| 327(1) | Supplementary tax notice |
| (2) | Content of notice |
| 328(1) | Application to board of revision |
| (2) | Requirements of application |
| (3) | Requirements of Municipal Assessment Act |
| DIVISION 6 | |
| AMUSEMENT TAX | |
| 329 | Definitions |
| 330(1) | Amusement tax by-law |
| (2) | Rates of tax |
| (3) | Collection of tax |
| 331 | Payment in lieu of tax |
| 332 | Exemption from tax |
| 333 | Application to City of Winnipeg |
| DIVISION 7 | |
| GRANTS IN LIEU OF TAXES | |
| 334 | Definitions |
| 335(1) | Grants payable in lieu of taxes |
| (2) | Liability for grant |
| (3) | Amount of grant |
| (4) | Exceptions |
| (5) | Application of subsection (4) |
| (6) | Delayed exemption |
| (7) | Local improvement taxes payable before acquisition |
| (8) | Grant in respect of Legislative Building, Government House |
| 336 | M.P.I.C. |
| 337 | Leaf Rapids Town Properties Ltd. |
| 338 | Application to City of Winnipeg |
| PART 11 | |
| TAX AND DEBT COLLECTION | |
| DIVISION 1 | |
| GENERAL | |
| 339 | Definitions |
| 340(1) | Application of payments |
| (2) | Application to tax on specific property or business |
| 341(1) | Tax certificate |
| (2) | Certificate binding |
| 342(1) | Collection remedies |
| (2) | Debt to municipality |
| 343(1) | Repayment of taxes paid under protest |
| (2) | Limited entitlement to repayment |
| (3) | Appeal constitutes payment under protest |
| (4) | No further assessment appeal |
| DIVISION 2 | |
| INCENTIVES AND PENALTIES | |
| 344 | Discount for prepayment |
| 345 | Instalments |
| 346(1) | "Tax arrears" excludes current year's penalties |
| (2) | Penalties |
| (3) | Penalty imposed monthly |
| (4) | Limitations |
| (5) | Penalties added to taxes |
| DIVISION 3 | |
| LIENS FOR TAXES | |
| 347(1) | Special lien on land and improvements |
| (2) | Special lien on personal property |
| (3) | Priority of lien |
| (4) | Priority of lien for taxes |
| (5) | Effect of bankruptcy or winding-up |
| DIVISION 4 | |
| SEIZURE AND SALE OF GOODS | |
| 348 | Definition |
| 349(1) | Seizure for taxes |
| (2) | Warrant for seizure |
| (3) | Exemption from seizure |
| (4) | Limitation on exemption |
| 350 | Entry to seize goods |
| 351 | Service of warrant |
| 352 | Acknowledgement |
| 353 | Release not to prejudice municipality |
| 354 | Limited liability for seized goods |
| 355(1) | Growing crops |
| (2) | Sale of crops |
| 356(1) | Sale by public auction |
| (2) | Notice of auction |
| (3) | Surplus proceeds of sale |
| 357(1) | Order for seizure and sale before taxes due |
| (2) | Application without notice |
| 358(1) | Application for restitution |
| (2) | Order for restitution |
| (3) | No further assessment appeal |
| DIVISION 5 | |
| MISCELLANEOUS REMEDIES | |
| 359 | Removal of improvements |
| 360(1) | Demand to tenant |
| (2) | Copy of notice to landlord |
| (3) | Discharge of tenant's liability |
| 361(1) | Notification of insurance proceeds |
| (2) | Content of notice |
| (3) | Demand for payment |
| (4) | Application of subsection (3) |
| (5) | Waiver |
| 362(1) | Demand to purchaser of oil or natural gas |
| (2) | Content of notice |
| (3) | Copy of notice to taxpayer |
| (4) | Purchaser to remit |
| (5) | Discharge of purchaser's liability |
| DIVISION 6 | |
| TAX SALES OF REAL PROPERTY | |
| 363(1) | Definitions |
| (2) | Interpretation |
| (3) | Non-application of Real Property Act |
| 364 | Tax arrears list |
| 365(1) | Mandatory auction |
| (2) | Council may designate year |
| (3) | Sale by public auction |
| (4) | Limitation |
| 366(1) | Notice of tax sale |
| (2) | Registration of notice |
| (3) | Directions for service of notice |
| (4) | Different directions for different properties |
| 367(1) | First notice of auction |
| (2) | Second notice of auction |
| (3) | Application for substitutional service of notice |
| (4) | District registrar may grant substitutional service |
| (5) | Compliance with directions for service |
| (6) | Content of notice of auction |
| (7) | Public notice of auction |
| (8) | Content of public notice of auction |
| 368(1) | Municipality entitled to possession |
| (2) | Order for possession |
| 369(1) | Cancellation or adjournment of auction |
| (1.1) | Outstanding balance remains owing |
| (2) | Notice of cancellation or adjournment |
| (3) | Continuing in possession |
| (4) | Application of money |
| 370(1) | Declaratory relief |
| (2) | Time limit |
| (3) | Adjournment of tax sale pending outcome of application |
| 371(1) | Time for payment of arrears and costs |
| (2) | Tax arrears paid |
| 372 | Conditions of sale, reserve bid |
| 373 | Prohibited bidders, purchasers and agents |
| 374 | Municipality may bid |
| 375(1) | Sale of property |
| (2) | Sale for reserved bid |
| (3) | Sale for less than tax arrears and costs |
| (4) | No sale |
| 376(1) | Tax sale application |
| (2) | Application in name of municipality |
| 377(1) | Challenge to tax sale |
| (2) | Time for challenge to tax sale |
| (3) | Registration of tax sale purchaser as owner |
| (4) | Title of purchaser |
| (5) | Application to bring property under new system |
| (6) | Invalid tax sale does not invalidate purchaser's title |
| 378(1) | Failure to give proper notice |
| (2) | Incompleted tax sale |
| 379 | No action against district registrar |
| 380(1) | Surplus proceeds |
| (2) | Priority of claim to excess |
| (3) | Proceeds of sale to municipality |
| (4) | Application of surplus proceeds |
| 381 | Registrar General |
| PART 12 | |
| LIABILITY OF MUNICIPALITIES AND OTHER LEGAL MATTERS | |
| DIVISION 1 | |
| CHALLENGING BY-LAWS AND RESOLUTIONS | |
| 382(1) | Application for declaration of invalidity |
| (2) | When by-law is discriminatory |
| (3) | Order |
| 383(1) | Time limit for action under clause 382(1)(d) |
| (2) | Validity relating to public participation |
| 384 | No challenge on certain grounds |
| DIVISION 2 | |
| LIABILITY OF MUNICIPALITIES | |
| 385 | Definitions |
| MUNICIPAL ROADS | |
| 386(1) | No liability unless municipal road |
| (2) | Liability for municipal roads |
| (3) | Liability for location of municipal road |
| BUILDING INSPECTIONS | |
| 387(1) | Requests for inspections |
| (2) | Negligent inspections |
| (3) | Certification by professionals |
| (4) | Matters outside scope of inspection |
| (5) | Failure to comply with conditions |
| (6) | Failure to prevent or limit loss |
| (7) | Inspection not a guarantee |
| OTHER MATTERS | |
| 388(1) | Repealed |
| (2) | Limited liability for public facility |
| 389 | Limited liability for utilities or services |
| 390 | Limited liability for water overflow |
| 391 | Limitation on standard of care for protective fire services |
| 392 | Exercise of discretion |
| 393 | Liability for remedying contravention of by-law |
| 394 | No liability for negligent supervision by others |
| 395 | No liability for certain nuisances |
| 396(1) | Notice requirement |
| (2) | Limitation of actions |
| DIVISION 3 | |
| JUDGMENTS AGAINST MUNICIPALITIES | |
| 397(1) | Service of judgment |
| (2) | Payment by municipality |
| (3) | Borrowing to pay judgment |
| (4) | Amount of tax |
| 398 | Failure to pay judgment |
| 399 | Effect of deduction |
| 400(1) | Liens against municipal property |
| (2) | Registration of judgment |
| 401 | Prohibition of execution against municipality |
| DIVISION 4 | |
| INDEMNIFICATION OF MEMBERS OF COUNCIL, MUNICIPAL EMPLOYEES, AND VOLUNTEERS | |
| 402 | Definitions |
| 403(1) | Protection from liability |
| (2) | No protection re defamation |
| (3) | No protection re municipality |
| 404(1) | Indemnification on successful defence |
| (2) | Discretion to indemnify |
| (3) | Costs incurred under Conflict of Interest Act |
| PART 13 | |
| MUNICIPAL EMPLOYEES PENSIONS | |
| DIVISION 1 | |
| PENSIONS AND GRATUITIES | |
| 405(1) | Retiring grant or annuity |
| (2) | Repeal or amendment of by-law |
| 406(1) | Definition |
| (2) | Pension plan required |
| (2.1) | Additional benefits |
| (3) | Plans before January 1, 1971 |
| (4) | Plan under Division 2 |
| (5) | Termination of pension plan |
| DIVISION 2 | |
| MUNICIPAL EMPLOYEES BENEFITS PROGRAM | |
| 407 | Definitions |
| 408(1) | Board continued |
| (2) | Powers of board |
| (3) | Term of members of the board |
| (4) | Application of Corporations Act |
| 409 | Fund and plan continued |
| 410(1) | Board may amend plan |
| (2) | Trust agreement |
| (3) | Plan and fund administration after execution of trust agreement |
| (4) | Additional benefits |
| 411 | Municipalities bound |
| 412 | Deposits to fund |
| 413 | Plan membership |
| 414 to 416 | Repealed |
| PART 14 | |
| MISCELLANEOUS | |
| REGULATIONS | |
| 417(1) | L.G. in C. regulations |
| (2) | Retroactive regulation |
| (3) | Time limitation on regulation |
| 418(1) | Regulations by minister |
| (2) | Consultation with Municipal Advisory Committee |
| 419 | Publication is proof of compliance |
| NOTICE | |
| 420(1) | Notice of a public hearing |
| (2) | Content of the notice |
| (3) | Other public notices |
| (4) | Content of other public notices |
| (5) | Certification of public notice |
| 421(1) | Service of notices and other documents |
| (2) | Notice of public hearing |
| (3) | Posting of notice |
| 422 | Service of documents on a municipality |
| CERTIFIED COPIES OF MUNICIPAL RECORDS | |
| 423(1) | Admissibility of certified copy in evidence |
| (2) | Admissibility of record in converted form |
| (3) | Certificate |
| (4) | Judicial notice |
| 424 | Deemed change of certain terms |
| PART 15 | |
| TRANSITIONAL PROVISIONS | |
| 425 | Definitions |
| 426 | Continuation of certain Acts |
| 427(1) | Towns, villages and cities continued as urban municipalities |
| (2) | Rural municipalities continued as rural municipalities |
| 428(1) | L.G.D.s continued as towns |
| (2) | L.G.D.s continued as rural municipalities |
| 429 | Effect of continuation of municipality or L.G.D |
| 430 | Annexation in process under former Act |
| 431(1) | Councils of municipalities continued |
| (2) | Members continue as if elected under this Act |
| (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 | Repealed |
| 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 |