C.C.S.M. c. M225

The Municipal Act

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Table of Contents

1 Definitions
(2) Meaning of "must" and "shall"
(3) References to population
(4) Registered common-law relationship
2 Indian Reserves excluded
3 Municipal purposes
4 Types of municipalities that may be formed
(2) Urban municipality
(3) Rural municipality
(4) Exception for amalgamation of municipalities
(5) Municipality in remote area
5 Definitions
(2) Application of Division to Winnipeg and to land in Winnipeg
6 Application of Division to unorganized territory
(2) Formation and annexation proposals
(3) Minister as a municipality
7 Regulations by minister
8 Joint proposal to annex non-contiguous land
(2) Only one proposal or application permitted
9 Application
10 Proponents
(2) Formation proposal for Northern Manitoba
(3) Initiating a proposal
(4) Proposal by voters
11 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 Notice when minister is proponent
(2) Notice when council is proponent
(3) Notice when voters are proponents
14 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 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
19 Report to be application
20 Procedure on general agreement
(2) When no objection
21 When hearing required
(2) When hearing may be held
22 Notice and conduct of hearing
(2) Notice of hearing
23 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
24 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
29 Validity of formation or dissolution regulation
30 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 Dissolution regulation
(2) Requirements of regulation
32 Change of name regulation
33 Effect of name change
(2) Use of former name
34 Proponents
(2) Initiating a proposal
35 Content of proposal
36 Notice when minister is proponent
(2) Notice when council is proponent
37 Negotiations and consultations
(2) Report on negotiations and consultations
(3) Report to Municipal Board
38 Application of sections 16 to 22
39 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
40 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
45 Validity of amalgamation or annexation regulation
46 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
50 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 Additional matters under certain regulations
(2) Extent of regulation-making under subsection (1)
(3) Amendment or repeal of regulation
53 Retroactivity and coming into force
(2) Limit on retroactivity
(3) Correction of errors in regulations
54 Interpretation of sufficient petition
55 [Repealed]
56 Requirements to form local urban district
57 Initiating a petition
(2) Content of petition
58 Direct negotiations
59 Procedure on agreement
60 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 Formation regulation
(2) Requirements of regulation
65 Initiating amendment
(2) Amending formation regulation
(3) Amendment of boundaries only once a year
66 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 Dissolution regulation
(2) Limitation on forming local urban district again
68 Notice when no regulation made
69 Transitional and other matters
70 Application of Division
71 Study required before making regulation
72 Boundary alteration referred to Municipal Board
73 Vote may be held
(2) Application of The Municipal Councils and School Boards Elections Act
(3) Statutes and Regulations Act does not apply
74 Application of Division 2 to formation regulations
(2) Interpretation
75 Initiating an annexation
(2) Annexation regulation
(3) Application of Division 2 to annexation regulations
(4) Interpretation
76 Minor annexation
77 Council is governing body
(2) Council is continuing body
78 Composition
79 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 Youth member
(2) Qualification
(3) Youth member not counted for quorum or vote
82 Council's role
83 General duties of members
(2) Duties of the head of council
84 Member may discuss confidential matter with C.A.O.
84.1 Code of conduct for members of council
(2) Content of code
(2.1) Provisions of code
(3) [Repealed]
(4) Approval of resolution to sanction
(5) Sanctioned member not considered absent
(6) Limitations
(7) Regulations concerning codes of conduct
84.2 Municipality to arrange code of conduct training
(2) Initial training for members in office
(3) Content of training
(4) C.A.O. to report when training is not completed
(5) Failure to comply
85 Matters that a council may delegate
(2) Matters that a council may not delegate
86 General election of council every four years
(2) [Repealed]
(3) General election in Dunnottar, Victoria Beach and Winnipeg Beach
87 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 Review by Municipal Board
(2) Hearing
(3) Power on review
90 Eligibility for nomination and election
(2) Application to Flin Flon
91 Persons who are disqualified
92 Definition of "employee"
(1.1) Interpretation: "affiliated body"
(3) Exception of chief administrative officer
(4) Leave of absence for municipal election
(4.1) Request for leave
(5) Candidacy in other elections
(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
(12) Other benefits
93 [Repealed]
93.1 Definitions
(2) Value of non-monetary contribution
93.2 By-law on expenses and contributions
(2) Effective date of by-law
93.3 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 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 Candidate's personal contributions
(2) Limit applies to contributions of candidate
93.8 Anonymous contributions
93.9 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 Candidate to file election finance statement
(2) Further statement
93.13 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 Surplus payable to municipality
(2) Release of surplus
93.16 Failure by elected candidate to file statement
(2) Forfeiture of seat
(3) Failure of other registered candidates to file
93.17 By-law establishing tax credits and rebates for contributions
(2) Contents of by-law
93.18 By-law establishing reimbursement of campaign expenses
(2) Contents of by-law
93.18.1 By-law on elections
(2) Content of by-law
(3) Effective date of by-law
93.18.2 Use of title in election communication restricted
(2) Meaning of "election communication"
93.19 Offence and penalty
(2) Time limits on prosecution
94 When member becomes disqualified
(2) Eligibility at next election
(3) Eligibility after disqualification under Conflict of Interest Act
95 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 Appeal
(2) No stay
(3) Reinstatement
(4) No reinstatement if term has expired
97 Reimbursement of costs and expenses
98 [Repealed]
99 Term of office after general election
(2) Powers of outgoing council after election day
100 First meeting of new council after election
101 Oath of office
(2) Failure to comply
102 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 Resignation of member
(2) Effective day of resignation
(3) [Repealed]
(4) C.A.O. to report resignation to council
105 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
106 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
107 Composition of council committees
(2) Head of council is member of all committees
108 When committee resolution binds council
109 Application of council provisions to committees
(2) Council may exempt employee committee
110 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
112 Status and membership of committee
(2) [Repealed]
(3) Councillor when municipality has wards
113 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 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 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 Responsibilities of committee
(2) Restriction on delegation
118 Definition
(2) Content of service plan
119 Application of Part 6, Division 1
(2) Consultation with council
(3) Reserve fund
(4) Administration of fund
120 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]
124 Definitions
(2) Council may set compensation and expenses
(3) Member may accept payment
(4) Financial statements to show payments to members
125 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 C.A.O.'s responsibilities
(2) C.A.O.'s administrative duties
(3) C.A.O. duties re council committees
128 Duty of C.A.O. if money not lawfully used
(2) Minister's powers after receiving notice
129 Delegation by C.A.O.
130 Establishment of designated officer positions
131 Delegation by designated officer
131.1 Employee code of conduct
(2) Content: conflict of interest rules
132 Council to designate municipal office
133 Minutes of council meetings
134 Signing agreements, cheques, instruments
(2) Reproduction of signature
135 Quorum for council meetings
(2) Number of councillors required for quorum
(3) Minimum number for quorum
(4) When member not to be counted
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 Council reconsidering decision
(2) Record of reconsideration in minutes
140 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 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 When a by-law comes into force
(2) Where approval required
(3) No retroactivity without specific authority
147 Power to amend and repeal a by-law
(2) Manner of repeal or amendment
147.1 Meaning of "French-language services by-law"
(2) Maintaining French-language services by-law
(3) Submission to minister
(4) No adoption until approved
148 Council to pass an organizational by-law
(2) Content of organizational by-law
149 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 Meeting through electronic communications
(2) Participating member deemed to be present
151 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
152 Meetings to be conducted in public
(2) Public's right to be present at meetings
(2.1) Meeting deemed to be public
(3) When council or council committee may close meeting
(4) Resolution to re-open a closed meeting
153 Petitions must conform to this Division
154 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 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 Presentation of petition to council
(2) No change in petition after presentation
158 Petition is received on presentation
159 Council's consideration of petition
160 Application
(2) Attendance of members at public hearing
(2.1) Participating member deemed to be present
(3) Procedure at public hearing
(4) Council may establish procedure in by-law
(5) Notice of continuation of adjourned hearing
161 Fiscal year is calendar year
162 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
162.1 Regulations — financial reporting
(2) Required accounting policies and practices
(3) Scope and application
163 Council may adopt interim operating budget
164 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 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 Council may establish reserve funds
(2) Expenditure from reserve fund with specific purpose
(3) Use of reserve funds after amalgamation
169 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 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
172 Definitions
173 Council may borrow for operating expenses
(2) Application to borrowing
174 Borrowing must be authorized by by-law
(2) Council may exclude certain borrowing from budgets
(3) Content of borrowing by-law
174.1 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
180 Municipality may make loans
(2) Content of by-law authorizing loan
181 Definition
(2) Authorized investments
(3) Membership in non-profit organization
182 Definition
183 Annual financial statements
(2) Annual financial information returns
184 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 Municipality to pay auditor's fees and expenses
(2) Certain bodies to pay auditor's fees and expenses
186 Scope of auditor's examination
(2) Auditor not required to audit certain bodies
187 Auditor's entitlement to access
(2) Auditor's entitlement to information
188 Financial institution to provide information
(2) Information from land titles offices and courts
189 Auditor must report failure to comply
190 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 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 Council to advise minister of action taken
(2) Minister may take action
197 Auditor or minister may act as commissioner
(2) Auditor or minister may retain counsel
198 Offence and penalty
198.1 Audit by Auditor General
(2) Response of council
(3) Reporting on implementation
199 Definition
200 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
208 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
218 Dissolution of municipality
219 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
227 Regulations
228 Offence and penalty
229 Geographic application of by-laws
230 By-law inconsistent with other legislation
231 Guide to interpreting power to pass by-laws
232 Spheres of jurisdiction
(2) Exercising by-law-making powers
233 Content of by-laws under clause 232(1)(c)
233.1 Content of by-laws under clause 232(1)(c.1)
(2) Restriction
233.2 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 Requirements prior to passing by-law under clause 232(1)(n.1)
(2) Content of heritage tax credit by-law
236 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
239 Municipal inspections and enforcement
(2) Identification
(3) Emergencies
240 Warrant to enter and inspect
(2) Notice not required
241 [Repealed]
242 Order to remedy contravention
(2) Content of order
243 Order to remedy dangers and unsightly property
(2) Further content of order
244 Review by council
(2) Powers of council
245 Municipality remedying contraventions
(2) Closure of premises
(3) Costs
246 Remedying dangers and unsightly property
(2) Removal of occupants
(3) Costs
(4) Proceeds of sale
247 Emergencies
(2) Application
(3) Compliance with order
(4) Remuneration for service or materials
(5) Costs
247.1 Definitions
(2) Interpretation: evidence property is derelict
247.2 By-law re derelict building orders, second notices and certificates
(2) Public hearing required
(3) Content of by-law
247.3 Issuing preliminary derelict building orders
(2) Preliminary order must be registered and served
(3) Exception re service
247.4 Second notice of preliminary order
(2) Content of second notice
(3) Registration and service of second notice
(4) Exception re service
247.5 District registrar to register order or notice
(2) Subsequent purchasers are deemed served
(3) Change in ownership does not affect process
247.6 Substitutional service
(2) Compliance with order for substitutional service
(3) Substitutional service orders may be made at the same time
247.7 Application for derelict building certificate
(2) Issuance of derelict building certificate
247.8 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 Issue of title
(2) Court application operates as stay
(3) Validity of title
247.11 District registrar not obliged to inquire
(2) No action against district registrar
247.12 Application to set aside derelict building certificate
(2) Setting aside derelict building certificate
247.13 Discharge of orders and certificates by municipality
(2) Process must recommence
248 Application to court to enforce by-law
249 Contravention of by-law is an offence
(2) Continuing offence
(3) Disposition of fines
249.1 Proof of boarding up