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C.C.S.M. c. M240
The Municipal Board Act
| 1 | Definitions |
| PART I | |
| ORGANIZATION, PROCEDURE AND POWERS | |
| 2 | Continuation of board |
| 3 | Membership of board |
| 4 | Not less than three |
| 5(1) | Chairman designated |
| (2) | Acting chairman |
| (3) | Powers of acting chairman |
| 6(1) | Duties of chairman |
| (2) | Duties of members other than chairman |
| 7 | Appointment to board |
| 8 | Appointment of staff |
| 9 | Term of office |
| 10 | Corporate powers and seal |
| VACANCIES | |
| 11 | Vacancies on board |
| 12 | Absence or inability of the chairman |
| 13(1) | Completion of business by substitute |
| (2) | Presumption in such cases |
| 14(1) | Disabilities of members |
| (2) | Disposal by members of certain things owned or acquired |
| SITTINGS OF THE BOARD | |
| 15(1) | Place of office of board |
| (2) | Conduct of sittings |
| (3) | Public hearings |
| (4) | Quorum |
| (5) | Separate sittings |
| (6) | Continuation of hearing after resignation of member |
| 16 | Reports by one member |
| 17(1) | Use of court house for sittings of the board |
| (2) | Use of municipal buildings |
| THE SECRETARY | |
| 18(1) | Appointment and remuneration of secretary |
| (2) | Duties of secretary |
| (3) | Records |
| (4) | Copies of orders |
| (5) | Assistant secretary |
| EXPERTS AND ASSISTANTS | |
| 19 | Technical advisers |
| 20 | Use of government services |
| 21 | Payment for special services |
| 22 | Salaries and expenses out of the Consolidated Fund |
| 23 | No personal liability of board and employees |
| PROCEDURE | |
| 24(1) | Procedure governed by rules |
| (2) | Rules of evidence not binding on board |
| (3) | Rules of practice, their publication |
| (3.1) | Rules for resolving assessment appeals |
| (4) | Board to have powers of Court of Queen's Bench in certain matters |
| (5) | Witnesses |
| (6) | Affidavit or evidence by report |
| (7) | Commissions to take evidence out of Manitoba |
| 25 | Power of board to maintain order |
| 26(1) | Protection of witnesses |
| (2) | Members and employees not required to give evidence in civil suits |
| (3) | Corporations not immune |
| 27 | Initiation of inquiries |
| 28 | Power to inspect, examine witnesses, documents, etc. |
| 29(1) | Power to require doing of acts |
| (2) | Method of performance |
| 30(1) | In case of default, board may authorize doing of act |
| (2) | Recovery of expense |
| 31 | Reports to board, expense of |
| 32(1) | Hearings by single member |
| (2) | Proviso as to chairman |
| (3) | Further evidence |
| 33 | Local authorities may become complainants |
| 34 | Power of board on complaints generally |
| 35 | Counsel to represent persons interested |
| NOTICES, DOCUMENTS, ETC. | |
| 36 | Notices, how signed |
| 37 | Notices, how given |
| 38(1) | Notices, service by publication |
| (2) | Notices by registered mail |
| (3) | Service on Public Trustee |
| 39 | Notices in certain matters |
| 40(1) | Power of board to require notices to be given by applicants |
| (2) | Requirements respecting notice |
| (3) | Where subsec. (1) not applicable |
| 41(1) | Orders in emergencies, without notice |
| (2) | Relief to persons affected thereby |
| DOCUMENTS, RECORDS, ETC. | |
| 42(1) | Documents from public offices |
| (2) | Department to provide document without charge |
| (3) | Fee for service at land titles office |
| 43 | Documents or corporations as evidence |
| 44(1) | Documents of board as evidence |
| (2) | Copies |
| 45(1) | Certified copies of documents deposited with board |
| (2) | Copies of orders, etc., under seal of board |
| ORDERS OF THE BOARD | |
| 46(1) | Power to order partial or other relief |
| (2) | Review of orders |
| (3) | Varying orders |
| 47 | Interim orders ex parte |
| 48 | Extension of time for compliance with order |
| 49(1) | Orders subject to conditions |
| (2) | Interim order |
| 50 | Orders involving expense to parties to be after notice and hearing |
| 51(1) | Contents of order |
| (2) | Substantial compliance with Act only required |
| 52(1) | When orders effective |
| (2) | Lapse of order |
| SERVICE OF ORDERS | |
| 53(1) | Service generally |
| (2) | Service within 10 days |
| 54(1) | Enforcement of orders |
| (2) | When order to become lien against lands |
| (3) | Realization of amount payable |
| (4) | Sheriffs and constables to assist board |
| 55 | Effect of publication in Gazette |
| 56 | Finality of orders |
| PENALTY | |
| 57 | General penalty |
| COSTS | |
| 58(1) | Costs in discretion of board |
| (2) | Order for payment of costs |
| (3) | Scale of costs |
| FEES | |
| 59(1) | Tariff of fees |
| (2) | Deposit before certain inquiries made |
| (3) | Audit |
| APPEAL | |
| 60(1) | Grounds of appeal |
| (2) | Leave to appeal |
| (3) | Setting down for hearing |
| (4) | Transmission of material to court |
| (5) | Inferences by court |
| (6) | Board to be heard |
| (7) | Costs of appeal |
| (8) | Immunity of board |
| (9) | Return of material to board |
| PART II | |
| AFFAIRS OF LOCAL AUTHORITIES LOANS BY MUNICIPALITIES AND SCHOOL DISTRICTS | |
| 61 | When authorization to be applied for |
| 62 | How application made |
| 63 | Local authority to await disposal of application |
| 64 | Duty of board |
| 65 | Law and by-laws to be observed |
| 66 | Notice to local authority of result |
| 67(1) | Form of authorization upon debentures |
| (2) | Signature may be printed |
| (3) | Formalities |
| 68 | Supervision of expenditure |
| 69 | Order requiring vote of ratepayers |
| INVESTIGATION OF LIABILITIES | |
| 70 | Sections not applicable to Winnipeg |
| 71(1) | Special inquiry |
| (2) | Requests by municipalities and school districts |
| 72(1) | Notice of inquiry |
| (2) | Publication |
| (3) | Sufficiency |
| 73(1) | Stay of proceedings |
| (2) | Effect of publication of notice |
| 74 | Temporary relief to local authority |
| 75(1) | Ratification of agreements |
| (2) | Effect of ratification |
| DEBT ADJUSTMENTS | |
| 76 | Powers after inquiry |
| 77(1) | Procedure to obtain adjustment |
| (2) | Proposed plan |
| (3) | Making of order |
| (4) | Consent to order |
| (5) | Report to minister |
| (6) | Dispatch of copies of report |
| (7) | Petition against order |
| (8) | Approval of order |
| 78(1) | Approval of Lieutenant Governor in Council, and issue of order |
| (2) | Validity of order |
| 79(1) | Stay of proceedings |
| (2) | Time to run after stay |
| ADMINISTRATION AFTER ORDER | |
| 80(1) | Appointment of supervisor |
| (2) | Duties and powers |
| 81(1) | Annual estimates to be approved by board |
| (2) | School districts |
| (3) | Duty of local authority |
| (4) | Supplemental estimates |
| (5) | Validation clause |
| 82(1) | Liability for unauthorizing borrowing or application of money |
| (2) | Additional penalty |
| 83 | Disposal of unexpended moneys |
| GENERAL | |
| 84 | Form of securities |
| 85 | Validity of securities |
| 86 | Power to validate certain acts of local authorities |
| 87 | By-laws to remain in effect |
| 88 | Statutes to apply |
| PART III | |
| COMPROMISE OF ARREARS OF TAXES | |
| 89 | "Compromise" defined |
| 90 | When ordered |
| 91 | What may be provided for |
| 92 | Transfer of title on non-payment |
| 93 | Debentures to cover shortage in tax assets |
| 94 | Book entries |
| PART IV | |
| PLANS OF SUBDIVISIONS | |
| 95(1) | Application for cancellation of plans |
| (2) | Effect of cancellation of plan |
| (3) | Approval of application by Winnipeg council |
| (4) | Filing of copy of approval |
| (5) | Meaning of "plan of subdivision", etc. |
| 96(1) | Vesting of land |
| (2) | Consent to vesting of Crown interest |
| 97(1) | Compensation |
| (2) | Transfer of equities |
| 98 | Definition of "right or interest" |
| 99 | Change in assessment |
| 100 | Taxes may be enforced against area |
| 101(1) | Highways, streets, etc. |
| (2) | Entry on mortgage |
| (3) | "Mortgagee", "mortgage", "mortgagor" |
| 102 | Duties of district registrar |
| 103 | Effect of order |
| BUILDING RESTRICTION CAVEATS | |
| 104(1) | Power to vary caveats |
| (2) | Effect of order |
| (3) | Approval of City of Winnipeg |
| PART V | |
| MISCELLANEOUS | |
| 105 | Power of board to perform assigned duties |
| 106(1) | Annual report of board |
| (2) | Report submitted to Legislature |