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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 AND DEVELOPMENT SCHEMES | ||
| 104 | (1) | Power to vary caveats, declarations and agreements |
| (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 | |