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This version was current from June 1, 2004 to May 31, 2012.
Note: It does not reflect any retroactive amendment enacted after May 31, 2012.
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C.C.S.M. c. M230
The Municipal Affairs Administration Act
|Table of Contents|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)
"municipality" means any locality the inhabitants of which are incorporated and continued under the authority of The Municipal Act, The Local Government Districts Act or any other Act of the Legislature and includes a rural municipality, an incorporated city, town or village, and a local government district. (« municipalité »)
"total municipal assessment" means total municipal assessment as defined in The Municipal Assessment Act. (« évaluation municipale totale »)
Where an assistant deputy minister is appointed, words in this Act or any other Act of the Legislature directing or empowering the minister to do an act or thing, or otherwise applying to the minister by his name of office, include the assistant deputy minister.
The minister may establish, and appoint members to, one or more advisory committees to consider matters referred thereto by the minister and to perform such other duties as may from time to time be prescribed by the minister.
There shall be paid to each member of a committee established under section 3 such remuneration as is fixed by the minister and such actual travelling and other necessary out-of-pocket expenses as may be approved by the minister.
The minister may require the secretary-treasurer of any municipality, or the resident administrator of any local government district, to assist him in the transaction of any business in connection with the office of the minister or the performance of the duties assigned him by this Act, The Municipal Act, The Local Government Districts Act, or any other Act of the Legislature; and those officers for those purposes shall be deemed the officers employed under the minister.
Where, under any Act of the Legislature, any matter or duty is assigned, or any power given, to the Municipal Commissioner for Manitoba, that matter or duty is hereby assigned, and that power is hereby given, to the minister.
Where, in any Act of the Legislature, or in any regulation or order made thereunder, there is a reference to the Minister of Municipal Affairs, the Minister of Rural Development or the Minister of Urban Development and Municipal Affairs, unless that reference must be interpreted as a reference to another member of the Executive Council to comply with an order of the Lieutenant Governor in Council made under The Executive Government Organization Act, the reference shall be deemed to be a reference to the minister charged with the administration of this Act.
The minister, in each year by certificate under his hand, shall levy upon the municipalities in the province
(a) repealed, S.M. 1996, c. 58, s. 461;
(b) sums that he is required to levy against any municipality under this Act or any other Act of the Legislature; and
(c) any amount that is stated in a joint written request made in respect of that year by the Association of Manitoba Municipalities;
Repealed, S.M. 1996, c. 58, s. 461.
The minister shall pay over to such person or body as is designated in a resolution passed by the executive committee of the Association of Manitoba Municipalities the amount raised by levy made under clause 1(c).
The minister shall
(a) by regulation, apportion among the municipalities the costs and expenses that are incurred by the minister in making assessments under section 8 of The Municipal Assessment Act; and
(b) each year levy the apportioned amount against each municipality.
Each year the minister shall, upon the basis of the total municipal assessment made by the Provincial Municipal Assessor, apportion among and levy against the municipalities in the province any sum that is required to be levied under this Act or any Act of the Legislature.
The minister, in each year, by certificate under the hand of the minister, may levy, upon the basis of the total municipal assessment made by the Provincial Municipal Assessor and at a rate to be determined by the minister, against
(a) any town or village having a population of less than 750 inhabitants;
(b) any rural municipality; and
(c) any local government district;
that has not, under The Municipal Act, provided for police services within its boundaries or that has, under that Act, provided for partial police services within its boundaries, an amount to assist in financing the police services in whole or in part, or that portion of the police services, as the case may be, for which the town, village, rural municipality or local government district, as the case may be, has not under that Act provided, and each year the minister shall cause a statement showing the amount of the levy to be transmitted to each town, village, rural municipality and local government district that is subject to the levy.
The minister, in each year by certificate under his hand, shall apportion among, and levy against, the local government districts in the province
(a) a sum to provide for the salaries, supplies, expenses and equipment required to be paid, expended, or used in administering the local government districts of the province, and such portion of the cost of supervising the resident administrators as he, in his discretion, may determine;
(b) such sums as he is required to apportion among, and levy against, local government districts or school districts under this Act or any other Act of the Legislature;
(c) the costs and expenses incurred by the minister in making the provincial municipal assessment under section 8 of The Municipal Assessment Act; and
(d) such sums as he is required to apportion among, and levy against, local government districts or school districts for the purpose of contributing towards the cost of welfare in local government districts;
and before May 1 in each year shall cause a statement to be transmitted to the resident administrator of each local government district.
The minister shall apportion among, and levy against, municipalities that were local government districts that are continued as municipalities under section 428 of The Municipal Act such sums as the minister is required to apportion among them for the purpose of contributing to the cost of providing general assistance in the municipality.
On receipt of a statement showing a sum duly so apportioned upon, or required from, any municipality in any year, the clerk of that municipality shall cause a rate to be entered upon the tax roll of the municipality for that year sufficient to produce the amount mentioned in the statement; and the council of that municipality shall cause the amount so given in each statement in any year to be levied and raised in that year with the other sums required for municipal purposes, and the amounts shall be levied and collected in the manner in which other taxes are collected or levied within the municipality; and the several municipalities and their respective treasurers shall pay over to the minister the sums before December 1 in each year.
On receipt of a statement showing a sum duly so apportioned upon, or required from, any local government district or school district, in any year, the resident administrator of the local government district shall cause a rate to be entered upon the tax roll of the local government district or school district for that year sufficient to produce the amount mentioned in the statement; and the resident administrator shall cause the amount so given in each statement in any year to be levied and raised in that year; and the amounts shall be levied and collected in the manner in which other taxes are collected or levied within the local government district or school district; and the resident administrator shall pay over the sums to the minister before December 1 in each year.
In each year, as and when levies made by him under this or any other Act of the Legislature are collected, the minister shall
(a) pay to the Minister of Finance any moneys due and owing to the government under clause 9(a) or under clauses 11(a), (c), and (d); and
(b) pay to the Minister of Health any moneys due and owing to him under section 12.
All moneys levied by the minister under this Act or any other Act of the Legislature, other than the moneys to which reference is made in subsection (1), are payable to the person or corporation entitled thereto under the legislation authorizing the levy.
The Minister of Finance shall keep a separate account of moneys received for the minister under clause 9(a), or under clauses 11(a), (c), and (d), and advise him of the receipt thereof.
The Minister of Finance shall pay all vouchers passed by the minister out of moneys annually appropriated by an Act of the Legislature for the purposes of clause 9(a) or clauses 11(a), (c), and (d).
The minister may invest any moneys received by him and that are not required for immediate expenditure in investments authorized by The Financial Administration Act for the investment of moneys in the Consolidated Fund.
Where a municipality, local government district or school district fails to levy and raise a sum required by the minister for the purposes of this Act or of any other Act, or to pay such a sum to the minister on or before December 1 of the year in which the levy was made, the minister, in addition to any other remedy, may collect the sum from the municipality, local government district, or school district in an action of debt as upon an account stated; and in the action a duplicate or certified copy of the certificate under the hand and seal of the minister is conclusive proof of his right to recover the sum therein stated.
Such sums, when paid to the minister shall be expended for the purposes above mentioned.
The issuing of a statement or certificate by the minister under this Act is, as against the municipalities, local government districts, and school districts and all other persons, conclusive evidence, and shall be deemed always to have been conclusive evidence, that the provisions of any statute, law, or regulation by or under which anything is required to be done to empower, authorize, or direct, the minister to make any apportionment or levy or to issue such a statement or certificate, have been duly complied with, and that the minister is duly authorized and empowered to issue such a statement or certificate.
All certificates and statements issued before the coming into force of this section by the minister under or in pursuance of, or in accordance with, or purporting to be under or in pursuance of, or in accordance with, any Act of the Legislature are validated and confirmed, and are declared to be, and to have been from the issue thereof, binding on the municipalities, local government districts, and school districts, and on all persons as if issued under and in pursuance of, and in accordance with, that Act or those Acts, and the certificates and statements are not open to question, or be questioned, in any action or proceedings pending or brought after the coming into force of this section in any court or by any person.
The minister may enter into an agreement with a municipality, local government district or community council of an area in Northern Manitoba as that expression is defined in The Northern Affairs Act, respecting the making of grants to any of those entities to enable them to provide transportation for persons in rural Manitoba with problems of mobility.