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) | ||
(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 | 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 |