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 Guardian and 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 |