C.C.S.M. c. M240

The Municipal Board Act

Back to the Act

Table of Contents

1		Definitions
PART I
ORGANIZATION, PROCEDURE AND POWERS
2		Continuation of board
3		Membership of board
4		Not less than three
5		Chairman designated
	(2)	Acting chairman
	(3)	Powers of acting chairman
6		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		Completion of business by substitute
	(2)	Presumption in such cases
14		Disabilities of members
	(2)	Disposal by members of certain things owned or acquired
SITTINGS OF THE BOARD
15		Place of office of board
	(2)	Conduct of sittings
	(3)	Public hearings
	(3.1)	Meeting — electronic communications
	(4)	Quorum
	(5)	Separate sittings
	(6)	Continuation of hearing after resignation of member
16		Reports by one member
17		Use of court house for sittings of the board
	(2)	Use of municipal buildings
THE SECRETARY
18		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		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 King'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		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		Power to require doing of acts
	(2)	Method of performance
30		In case of default, board may authorize doing of act
	(2)	Recovery of expense
31		Reports to board, expense of
32		Hearings by single member
	(1.1)	Hearing by communication facility
	(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		Notices, service by publication
	(2)	Notices by registered mail
	(3)	Service on Public Guardian and Trustee
39		Notices in certain matters
40		Power of board to require notices to be given by applicants
	(2)	Requirements respecting notice
	(3)	Where subsec. (1) not applicable
41		Orders in emergencies, without notice
	(2)	Relief to persons affected thereby
DOCUMENTS, RECORDS, ETC.
42		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		Documents of board as evidence
	(2)	Copies
45		Certified copies of documents deposited with board
	(2)	Copies of orders, etc., under seal of board
ORDERS OF THE BOARD
46		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		Orders subject to conditions
	(2)	Interim order
50		Orders involving expense to parties to be after notice and hearing
51		Contents of order
	(2)	Substantial compliance with Act only required
52		When orders effective
	(2)	Lapse of order
SERVICE OF ORDERS
53		Service generally
	(2)	Service within 10 days
54		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 on website
56		Finality of orders
PENALTY
57		General penalty
COSTS
58		Costs in discretion of board
	(2)	Order for payment of costs
	(3)	Scale of costs
FEES
59		Tariff of fees
	(2)	Deposit before certain inquiries made
	(3)	Audit
APPEAL
60		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		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		Special inquiry
	(2)	Requests by municipalities and school districts
72		Notice of inquiry
	(2)	Publication
	(3)	Sufficiency
73		Stay of proceedings
	(2)	Effect of publication of notice
74		Temporary relief to local authority
75		Ratification of agreements
	(2)	Effect of ratification
DEBT ADJUSTMENTS
76		Powers after inquiry
77		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		Approval of Lieutenant Governor in Council, and issue of order
	(2)	Validity of order
79		Stay of proceedings
	(2)	Time to run after stay
ADMINISTRATION AFTER ORDER
80		Appointment of supervisor
	(2)	Duties and powers
81		Annual estimates to be approved by board
	(2)	School districts
	(3)	Duty of local authority
	(4)	Supplemental estimates
	(5)	Validation clause
82		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		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		Vesting of land
	(2)	Consent to vesting of Crown interest
97		Compensation
	(2)	Transfer of equities
98		Definition of "right or interest"
99		Change in assessment
100		Taxes may be enforced against area
101		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		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		Annual report of board
	(2)	Report submitted to Legislature