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This version was current from February 26, 2022 to December 31, 2022.
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C.C.S.M. c. M240
The Municipal Board 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,
"board" means The Municipal Board established under this Act; (« Commission »)
"chairman" means the chairman of the board designated as such under section 5; (« président »)
"district registrar" means the district registrar of a land titles district, and includes the registrar of a land registration district; (« registraire de district »)
"local authority" means the council of a municipality and the board of trustees of a school district, school area or school division and includes the administrator of a municipality and the official trustee of a school district; (« autorité locale »)
"member" means a member of the board; (« membre »)
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of The Municipal Affairs Administration Act; (« ministre »)
"municipality" means a city, town, village, rural municipality or local government district; and "municipal" has a corresponding meaning; (« municipalité »)
"place", in relation to a sitting of the board that is conducted by means of an electronic or other communication facility, includes the electronic or other communication facility; (« lieu »)
"securities" includes, bonds, debentures, shares, stocks, and all documents evidencing the corporate liability of, or an interest in the property or undertaking of the issuer; (« valeurs mobilières »)
"school district" means a school district or a school division established under The Public Schools Act; (« district scolaire »)
"taxes" means any and all assessments, charges, levies, rates or taxes assessed, charged or levied by any municipality, or by the minister, under any Act of the Legislature, and includes penalties and costs; (« taxes »)
"urban municipality" means a city, town or village. (« municipalité urbaine »)
S.M. 2017, c. 34, s. 21; S.M. 2021, c. 46, s. 9.
The Municipal Board is hereby continued.
Subject to section 4, the board shall be composed of such number of members as the Lieutenant Governor in Council may from time to time determine.
The board shall be composed of not less than three members.
The Lieutenant Governor in Council shall designate one of the members to be chairman of the board.
Where there is, for any cause, a vacancy in the office of chairman, the Lieutenant Governor in Council may appoint one of the other members, whether he is a permanent member or a member appointed temporarily under section 11, as acting chairman either for a specified period or without fixing the term of the appointment.
The acting chairman has, during the absence or incapacity of the chairman, all the power and authority of the chairman.
The chairman shall devote the whole of his time to his duties under this Act; and he has the supervision of the staff of the board.
Duties of members other than chairman
The members other than the chairman shall devote such portion of their time to their duties under this Act as is directed by order of the Lieutenant Governor in Council.
The members shall be appointed by the Lieutenant Governor in Council, and shall be paid such remuneration as is determined by the Lieutenant Governor in Council.
The secretary of the board and such other permanent officers and employees as may be necessary for carrying on the business of the board, shall be appointed under Part 3 of The Public Service Act.
Each member shall hold office during the pleasure of the Lieutenant Governor in Council.
The board has all the powers of a court of record, and shall have a seal bearing the words "The Municipal Board of Manitoba" of which seal courts shall take judicial notice.
The Lieutenant Governor in Council may temporarily fill any vacancy occurring in the membership of the board; but in the case of a vacancy, pending the filling thereof, or in the absence or inability of a member to act, the remaining members shall exercise all the jurisdiction and powers of the board.
Absence or inability of the chairman
In the absence of the chairman or in the event of his inability to act, one of the other members, designated by resolution of the board, has and shall exercise the jurisdiction and powers of the chairman; and in that case all orders, regulations, and documents signed by that member have the same effect as if signed by the chairman.
Completion of business by substitute
A member acting in the absence of the chairman or when the chairman is unable to act, or a person appointed to act in the place of a member, may complete any unfinished matter in which he has taken part even if the chairman or the member in whose place he is acting returns or again becomes able to act.
Wherever it appears that a member other than the chairman has acted for, or in the place of, the chairman, it shall be presumed that he so acted in the absence or inability of the chairman.
No member, during his term of office, shall hold any office or carry on any business or employment inconsistent with the performance of his duties under this Act; nor shall he, directly or indirectly, hold, acquire, or become interested in, on his own behalf, any securities of any municipality, school district, or public utility company of which municipalities are the only, or principal, members.
Disposal by members of certain things owned or acquired
If a member holds any security to which subsection (1) relates, or any interest therein, when he is appointed a member, or if thereafter, and while he is a member, he acquires it by succession or by will, he shall, within six months after his appointment or subsequent acquisition, as the case may be, alienate it or his interest therein.
SITTINGS OF THE BOARD
The government shall provide the board with suitable quarters, furniture, and facilities for the holding of its sittings and the transaction of its business generally.
The board shall sit at such times and places within the province as the chairman may designate; and it shall conduct its proceedings in such manner as may seem to it most convenient for the speedy and effectual dispatch of business.
All sittings of the board or of a member for hearing applications and taking evidence shall be open to the public.
Meeting — electronic communications
The board may conduct a sitting partially or entirely by means of an electronic or other communication facility if the facility enables
(a) the members and parties to hear and speak to each other; and
(b) the public to hear the proceedings.
Save as herein otherwise provided, two members of the board constitute a quorum of the board.
Separate sittings of the board may be held concurrently in different places if a quorum is present at each sitting; and the decision of a majority of the members present at a sitting is the decision of the board.
Continuation of hearing after resignation of member
Where, after the board has commenced a hearing in any matter, a member who was present when the hearing commenced dies, resigns, or becomes for any reason incapable of acting, the other members present when the hearing commenced, notwithstanding that they do not constitute a quorum of the board, may complete the hearing or any adjournment thereof and render a decision in the matter and the hearing and the decision are valid as though the other members constituted a quorum.
The board or the chairman may authorize a member to report to the board upon any question or matter arising in connection with the business of the board; and that member, where so authorized, has all the powers of the board for the purpose of taking evidence or acquiring the necessary information for the purpose of the report; and, upon the report being made to the board, the board may adopt it as the order of the board, or otherwise deal with it in the absolute discretion of the board.
Use of court house for sittings of the board
Subject to the prior right of the courts and of judicial and administrative officers to use the court house for the purposes of the administration of justice, where sittings of the board, or a member, are held in any city, town, or place in which a court house is situated, the board or the member has, in all respects, the same authority as is vested in a judge of the Court of King's Bench with regard to the use of the court house and other buildings or apartments set apart for the administration of justice.
Subject to the prior right of courts or judicial or administrative officers to use the buildings for the purposes of the administration of justice and to the prior right of the municipality to use the buildings for municipal purposes, where sittings of the board or of a member are held in any municipality in which there is a hall belonging to the municipality, the municipality shall, upon request of the board or of the member, allow the sittings to be held in the hall without charge.
Appointment and remuneration of secretary
There shall be a secretary of the board, who shall be appointed as provided in section 8.
The secretary of the board shall
(a) keep a record of all proceedings conducted before the board;
(b) have the custody and care of all records and documents of the board;
(c) have every order and rule of practice of the board drawn pursuant to the direction of the board, signed by the chairman, sealed with the seal of the board, and properly filed in its office;
(d) obey all rules of practice and directions that may be made or given by the board touching his duties or office.
The secretary of the board shall keep suitable books of record, in which he shall enter a true copy of every order and rule of practice, and every other document that the board orders to be entered therein; and the entry constitutes and is the original record of any such order, rule of practice, or document.
Upon application of any person, and on payment of such fee as may be prescribed, the secretary of the board shall deliver to the applicant a certified copy of any order, rule of practice, or other document entered in the records under subsection (3).
From among its staff, the board may appoint one or more assistant secretaries to act under the direction of the secretary and to perform such duties as the secretary of the board directs, including attending meetings of the board for the purpose of keeping records of all proceedings conducted before the board.
EXPERTS AND ASSISTANTS
The Lieutenant Governor in Council may, with or without the recommendation of the board appoint one or more experts, or persons having technical or special knowledge of the matter in question, to inquire into and report to the board and to assist it in an advisory capacity in respect of any matter before it.
For the purpose of any inquiry or examination conducted by it or in the performance of any of the other duties assigned to it under this or any other Act of the Legislature, or by order of the Lieutenant Governor in Council, the board may, with the consent of the minister in charge of a department of the Government of Manitoba, avail itself of the services of any officer or other employee of that department.
Wherever the Lieutenant Governor in Council or the board, acting within its jurisdiction, appoints or directs any person, other than a member or one of the staff of the board, to perform any service under, or required by, this Act, that person and such experts and other persons as may be appointed under section 19 shall be paid out of the Consolidated Fund such sum for services and expenses as the Lieutenant Governor in Council may, upon the recommendation of the board, determine.
Salaries and expenses out of the Consolidated Fund
The salaries of the members, the secretary of the board and all other officers, and employees under the board, and all expenses of supplying or maintaining the quarters and furniture of the board, together with expenses incurred by the board in the performance of its duties, including reasonable travelling and subsistence expenses of the members and the secretary, and of such other officers and employees from the staff of the board as may be required to travel in the performance of their duties, shall be paid out of the Consolidated Fund.
No personal liability of board and employees
Neither the members, nor the secretary of the board, nor any employee under the board, are or is personally liable for anything done by them or by it or by him under the authority of this or any other Act of the Legislature.
All hearings and investigations conducted by the board shall be governed by rules adopted by the board.
Rules of evidence not binding on board
The board is not bound by the technical rules of legal evidence.
Rules of practice, their publication
The board may make rules of practice, not inconsistent with this Act, regulating its procedure and the times of its sittings; but the rules do not come into force until they are published on the board's website.
Rules for resolving assessment appeals
The board's power under subsection (3) includes the power to make rules of practice respecting one or more members of the board assisting the parties to resolve matters at issue in an appeal under The Municipal Assessment Act, without holding a hearing.
Board to have powers of Court of King's Bench in certain matters
The board, except as herein otherwise provided, as respects the attendance and examination of witnesses, the amendment of proceedings, the production and inspection of documents, the enforcement of its orders, the payment of costs, and all other matters necessary or proper for the due exercise of its powers, or otherwise for carrying any of its powers into effect, has all such powers, rights, and privileges as are vested in the Court of King's Bench or a judge thereof.
The procedure relating to the attendance of witnesses before the board is that from time to time in force in the Court of King's Bench; but a summons to a witness may be signed by a member or the secretary of the board.
Affidavit or evidence by report
The board may, in its discretion, accept and act upon evidence by affidavit or written affirmation or by the report of a member or of any officer or technical adviser appointed hereunder or obtained in such other manner as it may decide.
Commissions to take evidence out of Manitoba
The board may issue commissions to take evidence outside of Manitoba, and make all proper orders for the purpose and for the return and use of the evidence so obtained.
S.M. 2008, c. 34, s. 17; S.M. 2013, c. 39, Sch. A, s. 76.
Power of board to maintain order
The board has full power and authority to maintain order and decorum at all meetings or sittings of, or hearings, investigations, or inquiries conducted by the board; and for that purpose the chairman or other presiding member of the board may
(a) remove, eject, or exclude, or cause to be removed, ejected, or excluded from any such meeting, sitting, hearing, investigation, or inquiry, any person whom, in his absolute discretion, he deems to be intoxicated or to be, or to be about to become, disorderly or offensive or guilty of any improper conduct thereat; and
(b) require the assistance of any peace officer in maintaining peace and good order at any such meeting, sitting, hearing, investigation, or inquiry or in removing, ejecting, or excluding therefrom any person to whom clause (a) applies.
No person shall be excused from testifying or from producing any book, document, or paper in any investigation or inquiry by, or upon a hearing before, the board when ordered so to do by the board, upon the ground that the testimony or evidence, book, document, or paper required of him may tend to incriminate him or subject him to penalty or forfeiture; but, except for prosecution or punishment for perjury committed by him in his testimony before the board, no person shall be prosecuted, punished, or subjected to any penalty or forfeiture for or on account of any act, transaction, matter, or thing concerning which he has, under oath, testified or produced documentary evidence.
Members and employees not required to give evidence in civil suits
No member or employee of the board shall be required to give testimony in any civil suit to which the board is not a party, with regard to information obtained by him in the discharge of his official duties in connection with the board.
Nothing in this section gives to any corporation immunity of any kind.
The board may, of its own motion, and shall, upon the request of the Legislature or the Lieutenant Governor in Council, inquire into, hear, and determine any matter or thing within its jurisdiction.
Power to inspect, examine witnesses, documents, etc.
The board, or any person authorized by the board to make inquiry or report, may, where it appears expedient,
(a) enter upon and inspect any place, building, works or other property;
(b) require the attendance of all such persons as it or he thinks fit to summon and examine and take the testimony of the persons;
(c) require the production of all books, plans, specifications, drawings, and documents;
(d) administer oaths, affirmations, or declarations, and to summon witnesses, enforce their attendance, and compel them to give evidence and produce the books, plans, specifications, drawings, and documents, which it or he may require them to produce.
Power to require doing of acts
In matters within its jurisdiction, the board may order and require any person, local authority, or corporation to do any act, matter, or thing that the person, local authority, or corporation is or may be required to do under this Act or any other Act of the Legislature or under any order, regulation, direction, or agreement.
Any act, matter, or thing ordered and required to be done under subsection (1) shall be done
(a) forthwith, or within or at any time specified in the order; and
(b) in any manner prescribed by the board, so far as it is not inconsistent with this Act or any other Act of the Legislature conferring jurisdiction upon the board.
In case of default, board may authorize doing of act
Where default is made by any person, local authority, or corporation in the doing of any act, matter, or thing, that the board has authority, under this or any other Act of the Legislature to direct, and has directed, to be done, the board may authorize such person as it sees fit to do the act, matter or thing.
In every case to which subsection (1) applies, the person so authorized may do the act, matter or thing, and the expense incurred in the doing thereof may be recovered from the person, local authority, or corporation in default as money paid for and at the request of the person, local authority, or corporation; and the certificate of the board of the amount so expended is conclusive evidence thereof.
The board may appoint or direct any person to make an inquiry and report upon any application, complaint, or dispute pending before the board, or any matter or thing over which it has jurisdiction under this Act or any other Act of the Legislature; and it may order and direct by whom and in what proportion the costs and expenses incurred in making the inquiry and report shall be paid, and may fix the amount of the costs and expenses.
A single member may hear an application, petition, matter, or complaint, over which the board has jurisdiction under this or any other Act of the Legislature; and, after the hearing, the member shall report thereon fully to the board; and the board may thereupon deal with the application, petition, matter, or complaint, as if the hearing had been before the full board.
Hearing by communication facility
A single member may hear an application, petition, matter or complaint under subsection (1) partially or entirely by means of an electronic or other communication facility if the facility enables the parties to hear and speak to each other.
Where the single member, hearing an application, petition, matter or complaint under subsection (1), is the chairman and the application, petition, matter, or complaint, is one respecting which notice is not required to be given, or, being required, has been duly given and the application, petition, matter, or complaint is unopposed, he has and may exercise, any power of the board relating thereto, or he may hear it and report thereon to the board to be dealt with by it as provided in subsection (1).
The board is not limited to the contents of a report made under subsection (1) or (2), but may require and hear further evidence.
Local authorities may become complainants
Where a local authority deems that the interests of the public in the territory over which the local authority exercises power, or in a considerable part thereof, are sufficiently concerned, it may, when authorized by resolution, become a complainant or intervenant in any matter within the jurisdiction of the board; and, for that purpose, the local authority may take any steps, and incur any expense, and take any proceedings, necessary to submit the question in dispute to the decision of the board, and if necessary may become a party to an appeal therefrom.
Power of board on complaints generally
Where the Minister of Justice, a local authority, or a person interested makes a complaint to the board that a local authority, a corporation, or any person has unlawfully done or unlawfully failed to do, or is about unlawfully to do, or unlawfully not to do, something relating to a matter over which the board has jurisdiction as aforesaid, and requests the board to make some order in the matter, the board shall, after hearing such evidence as it may think fit to require, make such order as it thinks proper under the circumstances.
Counsel to represent persons interested
The chairman may, with the sanction of the Minister of Justice, appoint a barrister or attorney to represent any class of persons interested in any matter concerning municipal or school finance within the jurisdiction of the board, for the purpose of instituting or attending upon an application before the board or any other tribunal or authority; and the board may order by whom the fees and expenses of the person so appointed shall be paid.
NOTICES, DOCUMENTS, ETC.
Notices respecting matters before, or to come before, the board that are required or authorized to be in writing may be signed,
(a) if given by the board, by the chairman, a member or the secretary of the board; or
(b) if given by a person appointed by the board, by that person; or
(c) if given by any other person, by that person or his agent or solicitor.
A notice required to be given to a company, a local authority or other corporation, a partnership, firm, or individual shall be deemed to be sufficiently given by the delivery of the notice or a copy thereof, within the time if any, limited therefor,
(a) in the case of a local authority, to the reeve, or mayor, or clerk, or secretary, of the local authority;
(b) in the case of a company or corporation, to the president, vice-president, manager or secretary, or to some adult employee at the head office or chief place of business of the company or corporation in Manitoba;
(c) in the case of a firm or partnership, to any member thereof, or, at the last known place of abode of any such member, to any adult member of his household, or at the office, or place of business of the firm to a clerk employed therein; and
(d) in the case of an individual, to him, or, at his last known place of abode, to any adult member of his household, or, at his office or place of business, to a clerk in his employ.
Notices, service by publication
Where, in any application or matter before the board, it is made to appear, to the satisfaction of the board, that service of any notice cannot conveniently be made in the manner hereinbefore prescribed, the board may order and allow service to be made by publication in The Manitoba Gazette, and also, if thought desirable, in one issue of a local newspaper; and such a publication shall be conclusively deemed to be equivalent to service in the manner provided in section 37.
The board may act upon an application if satisfied that notice of the application sent by registered mail reached the person on whom it was intended to be served.
Service on Public Guardian and Trustee
Where in an application or matter before the board in respect of, or affecting, land or an interest therein, it is made to appear to the satisfaction of the board that service of notice or any document on a person having, or appearing to have, an interest in the land cannot conveniently be made as provided in section 37 because
(a) he cannot be found after reasonable inquiry; or
(b) he is deceased and there is no legal personal representative in the province of his estate;
the board may, by order, direct that the service be made upon the Public Guardian and Trustee; and such service shall be conclusively deemed to be equivalent to service in the manner provided in section 37.
S.M. 2013, c. 46, s. 46; S.M. 2018, c. 28, s. 16.
The board may require such notice of an application to, or hearing of, the board as the board deems sufficient, to be given by the person making the application or prosecuting the matter for which the hearing is being held to any party to, or person whom the board considers has an interest in, the application or matter.
Power of board to require notices to be given by applicants
Where, under any Act of the Legislature, the board is authorized or required to consider an application for any purpose, hold a hearing, or make an investigation or inquiry, and a notice of the application, hearing, investigation, or inquiry is authorized or required to be given by the board or by any person, the board may, notwithstanding any provision of this Act or of any other Act enacted before or after the coming into force of this Act, by written order, require the notice to be given by the person making the application or requiring or requesting the investigation or inquiry to be held or prosecuting the matter for which the hearing is to be held.
Requirements respecting notice
Where the board makes an order under subsection (1), the notice shall, in all respects other than as regards the person or body by whom or by which the notice is given, be in compliance with the requirements of the Act authorizing or requiring the notice to be given; but the board may impose such additional conditions or requirements with respect thereto as it deems fit.
Where subsec. (1) not applicable
Subsection (1) does not apply in any case with reference to which it is expressly provided in any Act enacted after the coming into force of this section that this section does not apply.
Orders in emergencies, without notice
Where the board may hear an application, complaint, or dispute, or make an order upon notice to the parties interested, it may, upon the ground of urgency or for other reasons appearing to the board to be sufficient, and notwithstanding any want of or insufficiency in any such notice, make the like order or decision in the matter as if due notice had been given to all parties; and that order or decision is as valid and effective in all respects as if made after such notice had been given.
Relief to persons affected thereby
Where an order or decision made under subsection (1) affects a person entitled to notice who was not sufficiently notified, he may, within 10 days after becoming aware of the order or decision or within such further time as the board may allow, apply to the board to vary, amend or rescind the order or decision; and the board shall thereupon, on such notice to others interested as it may think desirable, hear the application, and either amend, alter, or rescind the order or decision or dismiss the application.
DOCUMENTS, RECORDS, ETC.
The officials of a local authority to whom the board applies for statements, reports, copies of documents, or information of any kind, shall furnish the statements, copies or information to the board free of cost.
Department to provide document without charge
Subject to subsection (3), a department of the government shall provide to the board without charge any certificate or certified copy of a document that the board requests in writing.
Fee for service at land titles office
Where a service is provided to the board at a land titles office, the board shall pay any fee prescribed for the service under clause 195(i) of The Real Property Act.
S.M. 1993, c. 48, s. 26; S.M. 2020, c. 25, s. 7.
Documents or corporations as evidence
Every written or printed document purporting to have been issued or authorized by a corporation or any officer, agent, or employee of a corporation, or by any other person or corporation, for or on its behalf, shall, as against the corporation, be received in evidence, in matters before the board, as prima facie proof without any further evidence than the mere production of the document.
Documents of board as evidence
Every order, regulation, decision, direction, licence, certificate or other document purporting to be signed by the chairman or by a member of the board, and countersigned by the secretary of the board, shall, without further evidence of the signatures, be received in evidence as prima facie proof of its execution and issue by the board, and is sufficient notice of the contents thereof to a corporation, local authority, and all parties interested, if served in the manner hereinbefore provided for the giving of notice, and that it was duly signed and issued by the board.
Where a document purports to be a copy of any regulation, order, direction, decision, or report, made or given by the board, or any of its officers, it shall be received in evidence, as prima facie proof, of the regulation, order, direction, decision, or report and, where served in the manner hereinbefore provided, is sufficient notice of the regulation, order, direction, decision, or report from the time of the service.
Certified copies of documents deposited with board
Any document purporting to be certified by the secretary as a copy of any document deposited with the board, or of any portion thereof, shall, without further evidence as to the signature of the secretary, be received in evidence as prima facie proof of the original document, and that it is so deposited, and is signed, certified, attested, or executed by the persons by whom and in the manner in which it purports to be signed, certified, attested, or executed, as shown or appearing from the certified copy, and also, if the certificate states the time when the original was so deposited, that it was deposited at the time so stated.
Copies of orders, etc., under seal of board
A copy of any order, regulation or other document in the custody of the secretary, or of record with the board, purporting to be certified under the seal of the board by the secretary as a true copy of the order, regulation or document, shall be received in evidence as prima facie proof of the order, regulation or document without further evidence as to the signature of the secretary.
ORDERS OF THE BOARD
Power to order partial or other relief
Upon any application to it, the board may make an order granting the whole or part only of the application, or may grant such further or other relief in addition to or in substitution for that applied for, as fully and in all respects as if the application had been for such partial, further or other relief.
The board may require a re-hearing of an application before making any decision thereon.
The board may review, rescind, change, alter, or vary any decision or order made by it.
The board may, if the special circumstances of any case so require, make an interim ex parte order authorizing, requiring, or forbidding, anything to be done that the board would be empowered on application, petition, notice, and hearing to authorize, require or forbid; but no such order shall be made for any longer time than the board deems necessary to enable the matter to be heard and determined on such application, petition, notice or hearing.
Extension of time for compliance with order
Where any work, act, matter, or thing, by any order, regulation, or decision of the board is required to be done, performed, or completed within a specified time, the board may, if the circumstances appear so to require, upon such notice as it deems reasonable, or, in its discretion, without notice, extends the time so specified.
The board may direct, in any order, that the order or any portion or provision thereof shall come into force
(a) at a future fixed time; or
(b) upon the happening of any contingency, event, or condition specified in the order; or
(c) upon the performance to the satisfaction of the board, or a person named in the order for the purpose, of any terms which the board may impose upon any party interested;
and the board may direct that the whole or any portion of the order shall have force for a limited time, or until the happening of a specified event.
The board may, instead of making an order final in the first instance, make an interim order and reserve further directions, either for an adjourned hearing of the matter or for further application.
Orders involving expense to parties to be after notice and hearing
The board shall not make an order involving any outlay, loss, or deprivation to a local authority, or person without due notice and full opportunity to all parties concerned, to produce evidence and be heard at a public hearing of the board, except in case of urgency; and in that case, as soon as practicable thereafter, the board shall, on the application of any party affected by the order, re-hear and reconsider the matter and make such order as to the board seems just.
The board need not show upon the face of an order that any proceeding or notice was had or taken, or that there existed any circumstances necessary to give it jurisdiction to make the order.
Substantial compliance with Act only required
A substantial compliance with the requirements of this Act is sufficient to give effect to all the orders, rules, acts, regulations, or decisions of the board; and they are not inoperative, illegal, or void for any omission of a technical nature in respect thereto.
Every order of the board comes into effect at the time prescribed by the order, and its operation is not suspended by an appeal to The Court of Appeal for which provision is hereinafter made, unless otherwise ordered by the judge granting leave to appeal or by the court on hearing of the appeal; but the board itself may suspend the operation of the order from which appeal is made until the decision of The Court of Appeal is rendered.
Except where the board extends the time for taking the action, unless action under an order of the board authorizing any action to be taken, is taken within one year of the date of the order the order is null and void at the expiration of one year from its date.
SERVICE OF ORDERS
Any order, regulation, decision direction, report, or other document made or issued by or for use before the board requiring to be served upon any person, may, unless otherwise provided herein, be served in like manner as notice may be given hereunder or by mailing a certified copy thereof, in a sealed package, with postage prepaid, to the person to be served, or in the case of a corporation, to any officer or agent thereof upon whom a summons may be served in accordance with the law in the province.
Every order made by the board shall be served upon the person affected thereby within 10 days from the time the order is signed, or within such longer time as the board may direct.
A party to any matter before the board may enforce observance of an order of the board in the matter by obtaining a written direction to a sheriff endorsed upon, or annexed to, a certified copy of any such order and signed by the chairman of the board; and, in the case of an order for payment of any money, costs, expenses, or penalty, the sheriff receiving the direction shall levy the amount with his costs and expenses in like manner and with the same powers as if the order were an execution against the goods of the party to pay issued out of the Court of King's Bench.
When order to become lien against lands
In the case of an order of the board for payment of any money, costs, expenses, or penalty, a certificate of the order, signed by the secretary, may be registered in the office of any land titles district in the province; and when so registered it constitutes a lien and charge upon any lands or interest therein, of the party or person or company ordered to pay the money, in the land titles district in which the office is situated, to the same extent, and in the same manner, as the lands would be bound by the registration of a certificate of a judgment of the Court of King's Bench.
The amount ordered to be paid by an order registered under subsection (2) may be realized in the same manner, and by similar proceedings, as the amount of any registered judgment of the Court of King's Bench may be realized.
Sheriffs and constables to assist board
Sheriffs, deputy sheriffs, bailiffs, constables, and other peace officers, wherever required to do so, shall aid and assist the board in the performance of its duties.
Effect of publication on website
Courts shall take judicial notice of every order, rule, regulation, or decision of the board when published by the board on the board's website.
S.M. 2013, c. 39, Sch. A, s. 76; S.M. 2018, c. 28, s. 16.
Subject only to the right to appeal for which provision is hereinafter made, and to subsection 46(3), every decision or order of the board is final.
Every person who violates any provision of this Act or any other order, regulation, or direction of the board, for the violation of which no other penalty is provided by law, is guilty of an offence and is liable, on summary conviction, to a fine of not more than $500., and costs, and, in default of payment, to imprisonment for a term not exceeding six months.
The costs of, and incidental to, any proceeding before the board, except as herein otherwise provided, are in the discretion of the board, and may be fixed in any case at a sum certain or may be taxed.
The board may order by whom, and to whom, any costs are to be paid, and by whom the costs are to be taxed and allowed.
The board may prescribe a scale under which the costs shall be taxed.
Subject to the approval of the Lieutenant Governor in Council, the board may prescribe a tariff of the fees which shall be paid to the board by local authorities, and persons who are parties to, or interested in, matters coming before the board in respect of which no fee is otherwise prescribed.
Deposit before certain inquiries made
The board may also require that, before beginning any investigation on the complaint of any person, the person complaining shall deposit with the board such sum as may be deemed necessary to make the investigation, and the deposit shall be returned in whole or in part to the person complaining if, upon investigation, the complaint is found justified or partly justified, or to be less costly to investigate than was deemed necessary when the deposit was made, as the case may be; otherwise it is forfeited to the board.
The accounts of the board are subject to audit by the Auditor General; and all moneys to the credit of the board in the accounts shall be paid into the Consolidated Fund at the end of each fiscal year of the province or at such other time or times as the Lieutenant Governor in Council may order.
An appeal lies from any final order or decision of the board to The Court of Appeal upon
(a) any question involving the jurisdiction of the board; or
(b) any point of law.
The appeal shall be taken only
(a) by leave of a judge of The Court of Appeal;
(b) within one month after the making of the order or decision sought to be appealed from, or within such further time as the judge under special circumstances shall allow; and
(c) after notice to the other parties stating the grounds of appeal.
Upon the leave being obtained, the registrar of The Court of Appeal shall set the appeal down for hearing at the next sitting of the court; and the party appealing shall, within 10 days, give to the parties affected by the appeal or the solicitors, if any, by whom the parties were represented before the board, and to the secretary of the board, notice in writing that the case has been so set down.
Transmission of material to court
The secretary of the board, forthwith upon receipt of the notice, shall transmit to the registrar of The Court of Appeal all documents and material from the files of the office of the board that were before the board upon the making of the order or decision from which appeal is made, and which have any bearing upon the question or questions in the appeal.
On the hearing of the appeal, the court may draw inferences that are not inconsistent with the facts expressly found by the board and that are necessary for determining the question, and shall certify its opinion to the board; and the board shall thereupon make an order in accordance with that opinion.
The board is entitled to be heard by counsel or otherwise, upon the argument of any appeal.
The Court of Appeal may fix the costs and fees to be taxed, allowed, and paid upon any appeal and make rules of practice respecting appeals under this section; but, until such rules are made, the rules and practice applicable to appeals from a judge of The Court of King's Bench to The Court of Appeal apply to appeals under this Act.
Neither the board, nor any member or employee of the board, is in any case liable to costs by reason or in respect of an appeal or application.
At the conclusion of the appeal, the registrar of The Court of Appeal shall return to the secretary of the board all documents and material received from him, together with a copy of the record of the court and of the reasons of the judges of the court for the judgment rendered.
AFFAIRS OF LOCAL AUTHORITIES
LOANS BY MUNICIPALITIES
AND SCHOOL DISTRICTS
When authorization to be applied for
Where, by The Municipal Act or any other Act of the Legislature, a local authority is required to have the authorization of the board to borrow money, or to do any work, or to enter into an agreement, application for the desired authorization shall be made to the board after the first and before the second reading of the by-law respecting the borrowing, work, or agreement and, in cases where the assent of the ratepayers or voters is required, before the by-law is submitted to the ratepayers or voters.
An application under section 61 shall be addressed to the secretary of the board, and shall be accompanied by a certified copy of the by-law and such other documents or information as the board may require.
Local authority to await disposal of application
Except as provided in The Municipal Act or some other statute affecting the local authority applying under section 61, the local authority shall take no further steps upon the by-law until the authorization has been obtained or the application otherwise dealt with by the board.
In dealing with an application the board shall consider
(a) the nature of the work, undertaking, or object proposed;
(b) the necessity or expediency thereof;
(c) the financial position of the local authority; and
(d) any other relevant matters;
and may refuse the application or require the local authority to vary the application, or may grant the application in whole or in part, or subject to conditions.
Law and by-laws to be observed
A local authority, in proposing to carry on any work or undertaking by way of loan or under other authorization from the board, shall satisfy the board that the provisions of all relevant statutes and by-laws affecting the proposed work or undertaking will be duly complied with in the construction thereof.
Notice to local authority of result
Upon the board making a decision or an order on an application for authorization, the secretary of the board shall forthwith advise the local authority of the decision or order and, where the authorization is granted, shall mail to or deliver to the local authority a certified copy of the decision or order.
Form of authorization upon debentures
Debentures and other securities issued by a local authority, upon authorization of the board, shall contain, in addition to other particulars required by law, a note or memorandum attesting the authorization, which shall be under the seal of the board and shall be signed by
(a) a member of the board; or
(b) any other person authorized for the purpose by order of the board.
The signature of the member, or other person authorized for the purpose, for which provision is made in subsection (1), may be engraved, lithographed, printed, or otherwise mechanically reproduced on the note or memorandum.
The written memorandum of authorization by the board under the seal of the board for which provision is made in subsection (1), however, does not render unnecessary any signature, countersignature or other formality otherwise required by law on the debenture or security.
The board may supervise the sale and disposal of securities issued under its authorization, and the expenditure of the moneys raised thereby and also the temporary investment of any such moneys that are not immediately required for the purposes for which they were raised.
Order requiring vote of ratepayers
Where, under any Act of the Legislature, a by-law or contract of a municipality is not valid until the approval or authorization of the board has been given thereto, and under that Act the by-law or contract is valid without the consent or sanction of the ratepayers or voters being given thereto by a vote, the board, notwithstanding that Act may, as a condition of giving its approval or authorization thereto, by order require the municipality to submit the by-law or contract for the sanction of the voters or ratepayers by taking a vote thereof at the time, and in accordance with the conditions, set out in the order.
INVESTIGATION OF LIABILITIES
Sections not applicable to Winnipeg
Sections 71 to 88 and Part III do not apply to The City of Winnipeg, or to The Winnipeg School Division No. 1.
The board may inquire into the affairs of a local authority,
(a) where requested to do so by the minister, in the case of a municipality, or by the Minister of Education, in the case of a school district; or
(b) where a municipality or a school district, by resolution so requests; or
(c) where the creditors interested in at least 25% per centum of the indebtedness of the local authority so request.
Requests by municipalities and school districts
A municipality or a school district may make a request under clause 1(b),
(a) in the case of a municipality, in regard to a school district for which it collects taxes; or
(b) in the case of a school district, in regard to a municipality that collects its taxes.
S.M. 1993, c. 48, s. 78; S.M. 2001, c. 43, s. 46; S.M. 2004, c. 42, s. 72; S.M. 2010, c. 33, s. 82.
Before commencing an inquiry the board shall give notice in writing stating the time and place when and where the inquiry will commence.
A notice given under subsection (1) shall be published in The Manitoba Gazette, and shall be mailed by registered post to the local authority and to the creditors, or their representatives, who made the request, if any, and to such other creditors as may be on record with or known to the board.
The publication and mailing of the notice shall be deemed sufficient service upon all persons interested.
The board may at anytime after commencing an inquiry, by order declare that no action or other proceeding against a local authority shall be commenced or continued, nor a levy made under a writ of execution against the local authority; and shall cause a notice of the order to be published in The Manitoba Gazette.
Effect of publication of notice
Publication of a notice under subsection (1) operates as a stay of all actions or proceedings pending against the local authority, or as a stay of execution, as the case may be, until the board revokes the order and notice of the revocation has been published in The Manitoba Gazette.
Temporary relief to local authority
Where, in the course of, or as a result of, its inquiry, the board is satisfied that the local authority is unable to meet its obligations because of its financial difficulties, the board may, by order,
(a) postpone the payment of all or any debts, liabilities or obligations of the local authority for a period not exceeding one year, and further postpone payment from year to year, so long as the exigencies of the case seem to require;
(b) relieve the local authority from obligation to levy in any year in whole or in part, or upon conditions set out in the order, any rate or levy imposed or required to be levied by any by-law, and further relieve the local authority from the obligation from year to year as the circumstances may require.
The board may also ratify and confirm any agreement entered into by a local authority with the holders of outstanding debentures or accounts, adjusting the financial affairs of the local authority, if the terms of the agreement are such as might be ordered by the board under this Part.
After ratification and confirmation under subsection (1) the agreement is legal, valid, and binding on all persons who are parties thereto or affected thereby.
The board, on being satisfied by its inquiry that a local authority is in financial difficulties, may, respecting the local authority or authorities concerned and its creditors, make an order or orders embodying all or any of the following terms:
(a) the authorization of the issue of new debentures or other securities securing the payment of principal and interest of outstanding debentures and accounts; the retirement of outstanding debentures and accounts; the retirement of outstanding debentures, securities and accounts; the consolidation of the debentures and other debts in the debentures; determining the rate of interest to be paid and the term (not exceeding 40 years from the date thereof) of repayment of principal and interest by the new debentures; the rebating or refunding of arrears of interest or a variation in the rate of interest payable on outstanding debentures, securities or debts;
(b) the direction that the holders of outstanding debentures and accounts are entitled to, and are bound to, accept the new debentures in exchange for debentures, securities, or accounts held by them, settling the terms and conditions upon which the exchange is to be made, and the cancellation of outstanding debentures when the exchange has been completed;
(c) the determination of the form of new debentures, and the requirement that they be made callable at par upon terms and conditions;
(d) the direction that, after the exchange of securities following the retirement or calling in of outstanding debentures, no levy of rates or sums imposed or levied, or required to be levied, by the by-laws under the authority of which the outstanding debentures or any of them were issued, shall be made, and the direction that certain levies shall be made instead for the repayment of the new debentures;
(e) the consolidation of the outstanding debentures of a school district in the form of new debentures to be issued by the municipality that collects its taxes, and directing in what proportion the levies to repay the new debentures shall be borne by each local authority;
(f) the direction that sinking funds, moneys or assets on hand for the retirement of debts be used for debt or for current purposes and the authorization of them for that purpose;
(g) directions for the expenditure or disposition of moneys remaining unexpended at the end of any year;
(h) the requirement that taxes, whether in arrear or not, shall be set aside to be used for any specified purpose or purposes;
(i) the requirement that a municipality make a new assessment, or where no tax collector is in office, appoint a tax collector who shall be subject to such directions as the board may issue;
(j) the prescription and regulation of rates, rents, charges or fees to be charged, levied or collected for licences or for the services of municipal public works;
(k) provision for supervision of the financial affairs of the local authority and for the expenses of the inquiry and adjustment.
Procedure to obtain adjustment
The board shall not make an order under section 76
(a) effecting the retirement or refund of outstanding debentures or securities by the issue of new debentures; or
(b) varying the rate of interest payable on securities; or
(c) consolidating outstanding debentures of a school district with debentures to be issued by a municipality;
except upon the procedure provided by this section and section 78.
A local authority respecting which an inquiry is being or has been made, or holders of debentures or securities or their representatives, may submit a proposed plan of adjustment to the board or the board may itself propose a plan.
Unless the board is satisfied that a proposed plan will not be acceptable, it shall set out the proposals in the form of an order, and shall cause copies of the proposed order to be sent by mail post prepaid to the local authority or authorities and to the holders of debentures or securities and other creditors of record in its office or otherwise brought to its notice.
Where the holders of 51% of the amount of the par value of the principal of the debenture indebtedness affected by the proposed order (exclusive of debentures held by the government or by the local authority or on its behalf as sinking fund) file with the board their consent in writing to the making of the order, a note thereof shall be endorsed on the order and the order submitted to the Lieutenant Governor in Council for approval.
Where, within one year after a proposed order has been mailed, sufficient debenture holders have not filed consents to allow the board to proceed under subsection (4), the board shall report to the minister upon the financial condition of the local authority with its proposals attached in the form of an order.
Copies of the report and proposed order shall be sent by mail post prepaid to the local authority or authorities, and to the holders of debentures or securities and other creditors of record in its office, or otherwise brought to their notice.
Where within two months from the date of mailing the report, or within such further time as the board may allow, a petition against the making of the order is filed with the board by creditors representing not less than 20% of the par value of the principal of the debenture indebtedness affected by the proposed order (exclusive of debentures held by the government or by the local authority or on its behalf as sinking fund) the board shall not execute the proposed order.
Where, after the time mentioned in subsection (7), no petition is received, a note of the fact shall be endorsed on the order and the order submitted to the Lieutenant Governor in Council for approval.
Approval of Lieutenant Governor in Council, and issue of order
No order to which section 77 applies is effective until the proposed order is approved by the Lieutenant Governor in Council, and notice of the approval endorsed on the order, with the number of the order in council; and thereafter the order shall be issued.
An order approved by the Lieutenant Governor in Council is valid and binding upon all persons and local authorities who, and which, it purports to bind; and all persons and the local authority or authorities affected thereby may do as directed or authorized by the order, notwithstanding any statutory requirement, restriction, or limitation otherwise applicable.
Where an order has been approved by the Lieutenant Governor in Council under section 78 no action or proceeding is maintainable to recover payment of any securities, debentures, coupons, accounts, or other indebtedness refunded, consolidated, or retired by the terms of the order.
Where the commencement of an action or the taking of proceedings is prevented or delayed by reason of any provision of this Part, the time during which the prevention or delay continues shall not be computed for the purposes of any statute of limitations or other Act or law limiting the time within which an action is required to be commenced or proceedings taken; but the person having the right of action or the right to take proceedings, upon the removal of the prevention or stay, has the same length of time within which to take action or to proceed as he had when the prevention, stay or postponement came into operation.
ADMINISTRATION AFTER ORDER
Where the board, during or after its inquiry, considers that it is expedient that a supervisor be appointed to supervise the financial affairs of a municipality and so reports to the minister, the Lieutenant Governor in Council may authorize the board to appoint, and the board may appoint, a supervisor of the municipality and the school districts for which it collects taxes, or, with the approval of the Lieutenant Governor in Council, the board may itself exercise the powers of a supervisor.
Where a supervisor has been appointed to a municipality under this or any other Act of the Legislature,
(a) the credit of the municipality or of the school districts for which it collects taxes shall not be pledged, nor shall any liabilities be incurred or obligations entered into on behalf of the municipality or the school districts, except with the approval in writing of the supervisor, unless the liability or obligation is provided in the estimates of the local authority for the current year;
(b) if the board so orders, no cheque, order, or authorization for payment out of the municipal or school funds is valid unless countersigned by the signature of the supervisor or of the chairman or secretary of the board, whose signature on cheques may be by facsimile reproduced thereon by mechanical means;
(c) the supervisor shall, at all times, have access to the books and records of the municipality and of the school districts and these shall be made available to him by the municipality or the school district, as the case may be, with such information respecting its affairs as he requests;
(d) the supervisor shall be given notice of, and shall be entitled to attend and be heard at, all meetings of the council of the municipality or at those of the boards of trustees of the school districts;
(e) the supervisor may appeal against the assessment of any property or properties in the municipality, and may also appeal against the assessment generally;
(f) the estimates, program of expenditures, rates and levies of the local authorities shall, so far as possible, be settled by the council or the school board, as the case may be, and the supervisor in conference; but shall be subject to the approval of the board as hereinafter provided;
(g) the supervisor shall be paid by the municipality such expenses and remuneration for his services and at such times as shall be determined by the board;
(h) estimates for the expenses of the supervisor and the amount of his remuneration shall be set up in the estimates of the municipality each year;
(i) in any adjustment made with the holders of debentures, the local authority is entitled to a credit equal to the amounts theretofore and thereafter paid for the costs of supervision, and, in cases where there is no adjustment, the total of the amounts shall be assumed by the local authorities and their respective creditors in such proportions as they may agree upon amongst themselves or, in the absence of an agreement, in the respective sums which the board determines;
(j) the board may determine any dispute between a supervisor and a local authority, and, in the event of doubt or difficulty arising with respect to the respective powers or duties of a local authority and a supervisor, may resolve the doubt or difficulty and define powers and procedure.
Annual estimates to be approved by board
So long as there remains in effect
(a) an order of the Lieutenant Governor in Council made under The Municipal Act, directing that the financial affairs of a municipality be under the board; or
(b) an order of the board made under sections 74, 75 or 76; or
(c) an agreement between a local authority and its creditors by the terms of which this section is made applicable;
the local authority shall in each year, on or before a time fixed by the board by a general or special order, submit to the board its annual estimates for the current year or the unexpired portion thereof, which shall include, in the case of a municipality details of its proposed or anticipated revenue and expenditure, particulars of its scheme of assessment and taxation for that year, and its proposed capital outlay, if any.
In the case of a school district, the taxes of which are collected by a municipality to which subsection (1) applies, the trustees thereof, shall, in each year within the time fixed by the board under subsection (1), prepare and submit to the board a detailed estimate of their proposed expenditure for the current year, or the unexpired portion thereof.
No local authority to which subsection (1) or (2) applies shall finally settle its estimates or pass any by-law in respect thereof, or, if a school district, make any demand upon the municipality, that collects its taxes, until the estimates both of the municipality and the school district have been approved by order of the board; and the board may modify or vary any such estimate or demand before issuing its order of approval.
Annual estimates approved by the board under subsection (3) may be amended with the approval of the board from time to time.
Estimates and levies authorized or approved under subsection (3) and supplemental estimates thereto, if any, approved under subsection (4), have effect notwithstanding any statutory requirement otherwise applicable.
Liability for unauthorizing borrowing or application of money
Where a local authority borrows or applies any money without approval or authorization of, or in contravention of an order made by, the board under this Part, each member of the council or the board of trustees who votes for the borrowings or misapplication is guilty of an offence and is liable, on summary conviction, to a fine of $50.
The members of council or trustees who vote for the misapplication mentioned in subsection (1) ipso facto forfeit their office and are disqualified from holding any municipal office or any office in the school district, as the case may be, for two years.
Where a local authority has defaulted in any year in meeting all or a portion of its liability for interest or principal of debenture debt or in providing for its sinking fund according to its by-laws, and has on hand at the end of the year unexpended moneys, not being payments made to it in advance or not being required to meet unpaid current accounts, the board may direct that the moneys shall not be expended except by its approval or direction or may require that the amount determined by it as proper shall be placed in a special account to be expended therefrom as it authorizes.
Securities to which reference is made in this Part shall be in such form as may be approved by the board; and all such securities shall be prepared by or subject to the supervision of, the board.
Upon the authorization or approval of the board being obtained therefor, and a note or memorandum sealed and signed as required by section 67 endorsed on the securities issued by a local authority, no irregularity in the form of any of the securities issued under the authority of this Part, or in the proceedings leading up to their issue, or in any by-law authorizing the issue thereof, shall render them invalid or be allowed as a defence to any action against a local authority for the recovery of the amount thereof or the interest thereon or any part thereof.
Power to validate certain acts of local authorities
Where by inadvertence, clerical error, omission or other cause an irregularity has occurred in the proceedings leading up to, or in the passing, giving, doing, or making, or in the form or execution, of a by-law, resolution, notice, advertisement, or return, of a local authority, the subject matter whereof is within its jurisdiction, thereby rendering it of doubtful validity, upon application, the board may inquire into the matter, and, if satisfied that it would be lawful but for the irregularity, and that no person is or will likely be injuriously affected thereby, make an order declaring it valid for all purposes; whereupon all the matters and things therein referred to are validated.
Any by-law passed under, or subject to, this Part, unless otherwise provided, shall not be repealed until the debt created under the by-law is fully paid and satisfied.
The provisions of statutes relating to local authorities are, except in so far as inconsistent herewith, applicable in carrying out the foregoing provisions of this Part.
COMPROMISE OF ARREARS OF TAXES
In this Part "compromise" means an adjustment or settlement of taxes, due and unpaid, whereby the taxpayer is authorized to pay, and the local authority to accept, a lesser amount thereof than is shown in the books of the local authority in respect of lands purchased by it at its own tax sale.
The board, upon the application of the local authority, may, after such notice and hearing as it deems proper, order a compromise of tax arrears and penalties thereon to be entered into between any taxpayer and any local authority,
(a) with respect to lands lying within a municipality or school district the affairs of which are the subject of inquiry held or order made under sections 71 to 79; or
(b) with respect to lands in a plan of subdivision which may be cancelled, amended, or altered under Part IV; or
(c) with respect to a parcel of land in an urban municipality which may be made the subject of an application for separation from the municipality under The Municipal Act; or
(d) with respect to arrears of taxes upon lands the assessment of, or annual levy upon, which has been reduced whereby the annual tax is reduced, but only in respect of the amount by which the arrears are greater than the reduced tax would be for the same period; or
(e) where the taxpayer and the local authority imposing the taxes cannot agree as to the terms of a compromise which should be made under powers possessed by the local authority to make a compromise with the taxpayer.
In any order made under the powers given by section 90, the board may provide for an extension of the time of payment of the arrears, the reduction of the amount thereof, the acceptance of the land affected by the taxes due, or a part thereof, or of other land, in whole or in part payment of the taxes, or the payment to the local authority of an increment tax upon the subsequent sale of any part of the lands affected by the order at a fixed rate; and may fix the basis upon which the amount of the increment tax is to be arrived at and the mode of collecting it.
Transfer of title on non-payment
Where the amount of arrears as fixed by the board in an order made under section 90 with respect to any parcel is not paid within the time limited in the order, the board may order that the title to the parcel be transferred to the local authority (or Her Majesty in the case of Crown lands); whereupon the district registrar of the land titles district in which the parcel concerned is situated, upon the authority of the order, shall issue to the local authority, or to Her Majesty, as the case may be, a certificate of title, free of all encumbrances except such arrears of taxes as may be payable to any other authority upon the payment of the proper fee.
Debentures to cover shortage in tax assets
Where any arrears of taxes are reduced or otherwise made the subject of a compromise hereunder, if the local authority has previously incurred any liability upon the credit of the existence of the arrears, the board may direct the issue of debentures or other securities by the local authority for raising the amount or any part of the amount required to discharge the liability; and those securities shall be made payable upon such terms and conditions, at such rates of interest and at such periods, and be secured by such methods as the board may think fit.
Where a compromise of tax arrears or penalties has been ordered by the board, the order of the board is sufficient authority to the officials of the local authority and the district registrar affected to make proper entries in the books of their respective offices accordingly.
PLANS OF SUBDIVISIONS
Application for cancellation of plans
Subject to subsection (3) the board may, upon the application of a municipality or the owner or beneficial owner of any parcel of land included in a registered plan of subdivision, after such notice and hearing as it deems proper, and upon such terms and conditions as it may fix, order the cancellation in whole or in part, or the amendment or alterations, of the registered plan; and, notwithstanding the provisions of this Part respecting new plans or clause 117(6)(g) of The Real Property Act, the board may direct the registration of a plan showing the partial cancellation, amendment or alteration or a new plan in substitution therefor as approved in accordance with the provisions of The Planning Act.
Effect of cancellation of plan
Where the board orders the cancellation in whole or in part of a registered plan, all public streets, howsoever established, are closed within the area affected by the order.
Approval of application by Winnipeg council
Where land affected by a plan of subdivision is within The City of Winnipeg, no application under subsection (1) shall be considered by the board unless the council of The City of Winnipeg has, by resolution, approved the application.
Upon filing with the board under subsection (1) an application to which subsection (3) applies, the applicant shall file therewith a certified copy of the resolution of the council of The City of Winnipeg approving the application.
Meaning of "plan of subdivision", etc.
For the purposes of this section, "plan of subdivision" and "plan" include
(a) plans of special survey made under The Special Survey Act; and
(b) explanatory plans required under section 127 of The Real Property Act.
S.M. 1989-90, c. 90, s. 32; S.M. 1991-92, c. 15, s. 24.
Subject to subsection (2), the board may by its order direct that any parcel of land in the subdivision, or any right or interest in any parcel of land therein, be vested in the applicant, and the board may make such order as to the vesting or revesting of any land included in the plan as the circumstances may require.
Consent to vesting of Crown interest
Where the area of a parcel of land to be vested in an applicant under an order made under subsection (1) exceeds four acres, the board shall not order that the reservations in favour of the Crown mentioned in clause 98(c) be vested in the applicant, unless the Minister of Conservation and Water Stewardship consents in writing thereto.
S.M. 2000, c. 35, s. 60; S.M. 2012, c. 40, s. 64.
Where, upon the application, any parcel of land, or any right or interest therein, is ordered to be vested in the applicant, the board shall fix the amount of compensation payable therefor to the owner thereof, or may require the owner to accept by way of entire or partial compensation therefor, any other parcel of land, or any right or interest therein, whether in that subdivision or not and may vest it in the owner.
The board may order that any lot or parcel of land fixed as compensation for any other lot or parcel of land be subject to the same equities, rights, or interests, as the land for which the compensation is given; and the order has the effect of transferring all the equities, rights, or interests, to the lot or parcel of land given as such compensation.
Definition of "right or interest"
In sections 96 and 97 the expression "right or interest" includes
(a) the right or interest of an owner of a mortgage, encumbrance, or charge, against land;
(b) the interest of the Crown or any local authority in any highway, road, street, lane, or other parcel of land, including an interest in mines, minerals, sand, gravel, stone, coal, oil, oil shale, peat, petroleum, natural gas, and other things under the surface of the soil;
(c) the reservations in favour of the Crown set forth in The Crown Lands Act or The Water Rights Act that have been, under The Real Property Act, vested in the Crown upon the issue of a certificate of title pursuant to a tax sale application, in respect of a parcel of land included in a registered plan of subdivision.
Where the board requires an owner of any parcel of land, or any right or interest therein, to accept by way of entire or partial compensation therefor any other parcel of land, or right or interest therein, of greater assessed value, and vests it in the owner, the board may order, upon terms and conditions, that the assessment upon the parcel of land or right or interest so vested shall, in each year for a period not exceeding five years, be the same as, or be increased only by a stated percentage of, the assessed value, at the time of the board's order, of the parcel of land so compensated for.
Taxes may be enforced against area
Where a plan of subdivision or part thereof has been cancelled, the board may order that all taxes, assessments, or rates, in arrear or due upon the separate parcels of land within the area, shall become taxes, assessments, or rates, upon or in respect of the area; and thereafter all the remedies for the enforcement and collection of taxes theretofore applicable for the recovery of the taxes, assessments, or rates upon the separate parcels of land, apply in the same manner as if the taxes, rates, or assessments had been levied against the whole area ordered to be cancelled.
Where, owing to the operation of an order of the board cancelling, amending, or altering, a plan of subdivision, the ownership of any highways, roads, streets, or lanes would vest in a mortgagor, the board may direct that the highways, roads, streets, or lanes shall be included in any mortgage or other security previously given to any mortgagee of lands adjoining the roads, streets, or lanes.
Upon receipt by a district registrar of any order vesting any roads, streets, or lanes in a mortgagor, he shall make an entry on the title or titles affected by the mortgage of the fact that the roads, streets, or lanes are included in the parcels subject to the mortgage; and thereupon the mortgage operates as if the roads, streets, or lanes had been included therein at the date of its making.
"Mortgagee", "mortgage", "mortgagor"
In this section "mortgagee" includes any mortgagee or chargee having a security upon land adjoining the roads, streets, or lanes, whether his mortgage or charge is registered in the land titles office, or not, and "mortgage" and "mortgagor" have a meaning similarly extended.
Upon receipt of an order made under this Part, the district registrar of the land titles district in which the plan is registered shall cancel in whole or in part, or amend, or alter, the plan in accordance with the terms of the order, and shall cancel the certificates of title issued according to the original plan and issue such new certificates of title according to the new or amended plan as are by the order required, and shall make such other cancellations and registrations, and shall do all such things, as are necessary to give full effect to the order.
Any vesting order of the board under this Part shall, on registration, operate as a transfer under The Real Property Act of the lands under that Act therein ordered vested.
BUILDING RESTRICTION CAVEATS
AND DEVELOPMENT SCHEMES
Power to vary caveats, declarations and agreements
Subject to subsection (3), the board may, after such notice and hearing as it considers appropriate and on any terms and conditions it may determine,
(a) by order, vary, cancel or substitute, in whole or in part, a building restriction or development scheme affecting lands, or the use of lands, regardless of how it was created; and
(b) for the purpose of giving effect to an order made under clause (a), order the discharge, removal or amendment of
(i) the caveat recording the building restriction, or
(ii) the declaration or agreement registered under section 76.2 of The Real Property Act in respect of the development scheme.
Subject to subsection (3), an order of the board under this section has the same effect as if enacted by the Legislature as an amendment to The Real Property Act.
Where lands affected by the building restriction or development scheme are included in The City of Winnipeg, the board shall not make an order under subsection (1) unless the council of The City of Winnipeg has, by resolution, recommended the variation, cancellation or substitution of the building restriction or development scheme and a certified copy of the resolution is filed with the board.
S.M. 1991-92, c. 15, s. 24; S.M. 2011, c. 33, s. 49.
Power of board to perform assigned duties
The board may perform duties assigned to it
(a) by Act or resolution of the Legislature; or
(b) by order of the Lieutenant Governor in Council;
and Part I, in so far as it is applicable, applies to the carrying out of duties so assigned.
The board shall on or before March 1 in each year transmit to the minister a report for the year ending December 31 previous, showing briefly
(a) a summary of all applications made to the board under each Act of the Legislature under which such applications may be made, showing in each such summary
(i) the number of applications received,
(ii) the number of applications approved or granted, and
(iii) the number of applications rejected;
(b) the number and nature of orders made pursuant to inquiries which it has held of its own motion;
(c) the number of licences, permits, and certificates, issued and the fees collected by the board; and
(d) such other matters as the Lieutenant Governor in Council directs.
Report submitted to Legislature
The report shall be submitted to the Legislature if it then is in session; if not, at the next session thereof.
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