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) | Statutes and 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) | Statutes and 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 | |
46.1 | Amalgamation — policing services | |
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) | Statutes and 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. | |
84.1 | (1) | Code of conduct for members of council |
(2) | Content of code | |
(3) | Censure | |
(4) | Approval of resolution | |
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 of "employee" |
(1.1) | Interpretation: "affiliated body" | |
(2) | ||
(3) | Exception of chief administrative officer | |
(4) | Leave of absence for municipal election | |
(4.1) | Request for leave | |
(5) | Candidacy in other elections | |
(6) | ||
(7) | Election as member of council or committee of L.U.D. | |
(8) | Election as M.L.A. or M.P. | |
(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 |
(1.1) | Eligibility for nomination and election | |
(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 | |
147.1 | (1) | Meaning of "French-language services by-law" |
(2) | Maintaining French-language services by-law | |
(3) | Submission to minister | |
(4) | No adoption until approved | |
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 | |
(3) | Use of reserve funds after amalgamation | |
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 | |
174.1 | (1) | Passing a borrowing by-law |
(2) | Content of public notice of borrowing by-law | |
(3) | When public notice is not required | |
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 5.1 | ||
AUDIT CONDUCTED BY AUDITOR GENERAL | ||
198.1 | (1) | Audit by Auditor General |
(2) | Response of council | |
(3) | Reporting on implementation | |
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) | |
(3) | Limit re matters enforced under Municipal By-law Enforcement Act | |
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) | Warrant to enter and inspect |
(2) | Notice not required | |
241 | Repealed | |
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 |