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C.C.S.M. c. M225
The Municipal Act
Table of Contents
| PART 8 | ||
| CORPORATE POWERS | ||
| 250 | Municipality is corporation | |
| (2) | General powers | |
| (3) | Policy re private works | |
| (4) | Council to set charges for private works | |
| (5) | Application | |
| 251 | Power to acquire property | |
| (2) | Exercising power to mortgage | |
| 251.1 | Public tendering and procurement policy | |
| 252 | Powers respecting works, services, utilities | |
| (2) | Collection of fees | |
| 253 | Scope of agreements | |
| (2) | Power to enter agreements and use funds | |
| 254 | 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 | |
| 258 | Definition | |
| (2) | Encouraging economic development | |
| (3) | Strategic plan | |
| (4) | Condition of grant | |
| 259 | Agreements | |
| 259.1 | Application to City of Winnipeg | |
| 260 | Providing service to other municipality | |
| (2) | Terms and conditions | |
| (3) | Municipality may pay charges | |
| 261 | 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 | Establishing financial assistance programs | |
| (2) | Provisions of financial assistance programs | |
| 261.3 | Establishing tax increment financing programs | |
| (2) | Provisions of tax increment financing programs | |
| PART 9 | ||
| DUTIES OF MUNICIPALITIES | ||
| 262 | Retention of municipal records | |
| (2) | Certain documents not to be destroyed | |
| 263 | 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 | |
| 264 | Fire protection services | |
| 265 | Fire protection force | |
| 266 | Agreement | |
| 267 | 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| 269 | [Repealed] | |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| 271 | [Repealed] | |
| 272 | [Repealed] | |
| 273 to 278 | [Repealed] | |
| 279 | [Repealed] | |
| 280 and 281 | [Repealed] | |
| 282 | Definitions | |
| 283 | Parking by-law for physically disabled persons | |
| (2) | Fine | |
| (3) | Vehicle towed | |
| (4) | Transitional | |
| 284 | By-law for designated parking spaces | |
| (2) | Content of by-law | |
| 285 | Definition of "municipal road" | |
| 286 | Title to land | |
| (2) | Certain rights preserved | |
| 287 | Control of municipal roads | |
| 288 | Powers respecting municipal roads | |
| 289 | Opening a municipal road | |
| 290 | Closing a municipal road | |
| (2) | Notice of proposed closing | |
| 291 | Leasing land with closed municipal road | |
| (2) | [Repealed] | |
| (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 | |
| 294.1 | Definition | |
| (2) | Jurisdiction over drains | |
| (3) | Duties re drains | |
| (4) | Municipality's power to clear drains | |
| 295 | 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 | |
| 296 | 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 | ||
| 298 | Definitions | |
| (2) | Interpretation | |
| 299 | Liability for taxes in respect of property | |
| (2) | Liability for taxes in respect of business | |
| (3) | Joint liability | |
| (4) | No charge on land | |
| 300 | 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 | Error or omission based on false information | |
| (2) | No liability on innocent purchaser | |
| 302 | Annual tax notices | |
| (1.1) | Material with 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 | |
| 304 | Property tax by-law | |
| (2) | By-law to be filed | |
| (3) | Amendment of by-law | |
| (4) | Imposition of tax on part of municipality | |
| 305 | Application | |
| 306 | 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 | |
| 309.1 | Definitions | |
| (2) | Amending mobile home licence fees | |
| (3) | Phasing out mobile home licences | |
| 310 | Definition | |
| 311 | Local improvement | |
| 312 | Special service | |
| 313 | Plan or proposal | |
| 314 | Content of proposal | |
| 315 | 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 | Basis for calculating taxes | |
| (2) | Corner and irregular lots | |
| (3) | Reduction for lands abutting a road | |
| (4) | Property subject to tax | |
| 317 | Local improvement districts and special services areas | |
| (2) | Reference to local improvement district or special services area | |
| 318 | 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 | Objection to plan or proposal | |
| (2) | Content of notice | |
| (3) | Construction of sewer | |
| 320 | 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 | Hearing by Municipal Board | |
| (2) | Municipal Board decision | |
| (3) | Notice and opportunity to be heard | |
| (4) | Limitation on third reading | |
| 322 | 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 | |
| 326 | 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 | Supplementary tax notice | |
| (2) | Content of notice | |
| 328 | Application to board of revision | |
| (2) | Requirements of application | |
| (3) | Requirements of Municipal Assessment Act | |
| 329 | Definitions | |
| 330 | 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 | |
| 334 | Definitions | |
| 335 | 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 | ||
| 339 | Definitions | |
| 340 | Application of payments | |
| (2) | Application to tax on specific property or business | |
| 341 | Tax certificate | |
| (2) | Certificate binding | |
| 342 | Collection remedies | |
| (2) | Debt to municipality | |
| 343 | Repayment of taxes paid under protest | |
| (1.1) | No interest payable on or after July 1, 2021 | |
| (1.2) | Interest for amounts paid before July 1, 2021 | |
| (2) | Limited entitlement to repayment | |
| (3) | Appeal constitutes payment under protest | |
| (4) | No further assessment appeal | |
| 344 | Discount for prepayment | |
| 345 | Instalments | |
| 346 | "Tax arrears" excludes current year's penalties | |
| (2) | Penalties | |
| (3) | Penalty imposed monthly | |
| (4) | Limitations | |
| (5) | Penalties added to taxes | |
| 347 | 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 | |
| 348 | Definition | |
| 349 | 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 | Growing crops | |
| (2) | Sale of crops | |
| 356 | Sale by public auction | |
| (2) | Notice of auction | |
| (3) | Surplus proceeds of sale | |
| 357 | Order for seizure and sale before taxes due | |
| (2) | Application without notice | |
| 358 | Application for restitution | |
| (2) | Order for restitution | |
| (3) | No further assessment appeal | |
| 359 | Removal of improvements | |
| 360 | Demand to tenant | |
| (2) | Copy of notice to landlord | |
| (3) | Discharge of tenant's liability | |
| 361 | Notification of insurance proceeds | |
| (2) | Content of notice | |
| (3) | Demand for payment | |
| (4) | Application of subsection (3) | |
| (5) | Waiver | |
| 362 | 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 | |
| 363 | Definitions | |
| (2) | Interpretation | |
| (3) | Non-application of Real Property Act | |
| 364 | Tax arrears list | |
| 365 | Mandatory auction | |
| (2) | Council may designate year | |
| (3) | Sale by public auction | |
| (4) | Limitation | |
| 366 | Notice of tax sale | |
| (2) | Registration of notice | |
| (3) | Directions for service of notice | |
| (4) | Different directions for different properties | |
| 367 | 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 | Municipality entitled to possession | |
| (2) | Order for possession | |
| 369 | 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 | Declaratory relief | |
| (2) | Time limit | |
| (3) | Adjournment of tax sale pending outcome of application | |
| 371 | 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 | Sale of property | |
| (2) | Sale for reserved bid | |
| (3) | Sale for less than tax arrears and costs | |
| (4) | No sale | |
| 376 | Tax sale application | |
| (2) | Application in name of municipality | |
| 377 | 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 | Failure to give proper notice | |
| (2) | Incompleted tax sale | |
| 379 | No action against district registrar | |
| 380 | 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 |
||
| 382 | Application for declaration of invalidity | |
| (2) | When by-law is discriminatory | |
| (3) | Order | |
| 383 | Time limit for action under clause 382(1)(d) | |
| (2) | Validity relating to public participation | |
| 384 | No challenge on certain grounds | |
| 385 | Definitions | |
| MUNICIPAL ROADS | ||
| 386 | No liability unless municipal road | |
| (2) | Liability for municipal roads | |
| (3) | Liability for location of municipal road | |
| BUILDING INSPECTIONS | ||
| 387 | 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 | Notice requirement | |
| (2) | Limitation of actions | |
| 397 | 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 | Liens against municipal property | |
| (2) | Registration of judgment | |
| 401 | Prohibition of execution against municipality | |
| 402 | Definitions | |
| 403 | Protection from liability | |
| (2) | No protection re defamation | |
| (3) | No protection re municipality | |
| 404 | Indemnification on successful defence | |
| (2) | Discretion to indemnify | |
| (3) | Costs incurred under Conflict of Interest Act | |
| PART 13 | ||
| MUNICIPAL EMPLOYEES PENSIONS |
||
| 405 | Retiring grant or annuity | |
| (2) | Repeal or amendment of by-law | |
| 406 | 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 | |
| 407 | Definitions | |
| 408 | Board continued | |
| (2) | Powers of board | |
| (3) | Term of members of the board | |
| (4) | Application of Corporations Act | |
| 409 | Fund and plan continued | |
| 410 | 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 | L.G. in C. regulations | |
| (2) | Retroactive regulation | |
| (3) | Time limitation on regulation | |
| 418 | Regulations by minister | |
| (2) | Consultation with Municipal Advisory Committee | |
| 419 | Proof of compliance | |
| NOTICE | ||
| 420 | Notice of a public hearing | |
| (1.1) | Notice if no local newspaper | |
| (2) | Content of the notice | |
| (3) | Other public notices | |
| (3.1) | Notice if no local newspaper | |
| (4) | Content of other public notices | |
| (5) | Certification of public notice | |
| 421 | 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 | 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 | Towns, villages and cities continued as urban municipalities | |
| (2) | Rural municipalities continued as rural municipalities | |
| 428 | 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 | Councils of municipalities continued | |
| (2) | Members continue as if elected under this Act | |
| (3) | Application of clause 91(d) and subsection 92(7) | |
| 432 | 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 | 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 | 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 | [amendments to other Acts] | |
| PART 17 | ||
| REPEAL, C.C.S.M. REFERENCE, COMING INTO FORCE |
||
| 478 | Repeal | |
| 479 | C.C.S.M. reference | |
| 480 | Coming into force | |