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C.C.S.M. c. N100
The Northern Affairs Act
| PART 1 | |
| INTRODUCTORY PROVISIONS | |
| DEFINITIONS | |
| 1 | Definitions |
| 2 | Indian Reserves excluded |
| PURPOSES | |
| 3 | Purposes of a settlement |
| 4 | Purposes of a community |
| PART 2 | |
| SETTLEMENTS AND COMMUNITIES | |
| 5 | Definition: "board" |
| 6 | Designation of a settlement |
| 7(1) | Designation of a community |
| (2) | Boundaries need not be contiguous |
| 8 | Corporate status |
| 9(1) | Principles, standards and criteria |
| (2) | Regulations Act does not apply |
| 10(1) | Changing boundaries or withdrawing designation |
| (2) | Effect of withdrawing designation |
| 11(1) | Change to be initiated by a proposal |
| (2) | Initiating a settlement or community |
| (3) | Initiating changes — settlement |
| (4) | Initiating changes — community |
| 12(1) | Public consultations required |
| (2) | Corrections of boundaries |
| 13 | Board to conduct public consultations |
| 14 | Reference to maps |
| NORTHERN MANITOBA COMMUNITY CONSULTATION BOARD | |
| 15 | Board established |
| 16(1) | Appointment of board members |
| (2) | Term of appointment |
| (3) | After term expires |
| (4) | Vacancies |
| (5) | Remuneration and expenses |
| (6) | Staff |
| 17(1) | Board may add residents as members |
| (2) | Powers of board appointees |
| PUBLIC CONSULTATIONS | |
| 18(1) | Referral to include description of proposal |
| (2) | Copies of proposal to be provided |
| (3) | Notice of proposal must be posted |
| (4) | Content of notice |
| (5) | Proposal must be made available on request |
| 19(1) | Board to give notice and hold meeting |
| (2) | Notice of public meeting |
| (3) | Location of public meeting |
| 20 | Public meeting re proposal |
| 21(1) | Board to submit report to minister |
| (2) | Content of report |
| CHANGE IN DESIGNATION OF COMMUNITY | |
| 22(1) | Effect of change of designation of community |
| (2) | Extent of regulation-making under subsection (1) |
| (3) | Receiver may be appointed if community dissolved |
| 23(1) | Continuation of council |
| (2) | New community or material change in boundaries |
| 24(1) | Retroactivity and coming into force |
| (2) | Limit on retroactivity |
| (3) | Correction of errors in regulations |
| PART 3 | |
| COMMUNITY POWERS AND DUTIES | |
| DIVISION 1 | |
| BY-LAW MAKING POWERS | |
| GENERAL | |
| 25 | Communities not incorporated require delegation |
| 26 | Geographic application of by-laws |
| 27 | By-law inconsistent with other legislation |
| 28 | Guide to interpreting power to pass by-laws |
| 29(1) | Spheres of jurisdiction |
| (2) | Exercising by-law-making powers |
| 30 | Content of by-laws under clause 29(1)(c) |
| 31 | Content of by-laws under clause 29(1)(f) |
| 32 | Charge re local transportation system under clause 29(1)(m) |
| 33(1) | Content of by-laws under clause 29(1)(o) |
| (2) | Application of clause 29(1)(o) |
| 34 | No licence required for sale of own produce |
| 35 | Fee in addition to business or other tax |
| 35.1 | Application of Acts to incorporated communities |
| ENFORCEMENT OF BY-LAWS | |
| 36(1) | Community inspections and enforcement |
| (2) | Identification |
| (3) | Emergencies |
| 37(1) | Court authorized inspections and enforcement |
| (2) | Court order |
| 38(1) | Inspection of meters |
| (2) | Court order |
| 39(1) | Order to remedy contravention |
| (2) | Content of order |
| 40(1) | Order to remedy dangers and unsightly property |
| (2) | Further content of order |
| 41(1) | Review |
| (2) | Powers of council |
| (3) | Review if community not incorporated |
| 42(1) | Community remedying contraventions |
| (2) | Closure of premises |
| (3) | Costs |
| 43(1) | Remedying dangers and unsightly property |
| (2) | Removal of occupants |
| (3) | Costs |
| (4) | Proceeds of sale |
| 44(1) | Emergencies |
| (2) | Application |
| (3) | Compliance with order |
| (4) | Remuneration for service or materials |
| (5) | Costs |
| 45 | Application to court to enforce by-law |
| 46(1) | Contravention of by-law is an offence |
| (2) | Continuing offence |
| (3) | Disposition of fines |
| DIVISION 2 | |
| CORPORATE POWERS | |
| GENERAL POWERS | |
| 47(1) | When community is a corporation |
| (2) | General powers |
| 48(1) | Power to acquire property |
| (2) | Exercising power to mortgage |
| 49(1) | Powers respecting works, services, utilities |
| (2) | Collection of fees |
| (3) | Rates for services and commodities |
| 50(1) | General authority re agreements |
| (2) | Scope of agreements |
| (3) | Power to enter agreements and use funds |
| 51(1) | Expropriation for community purpose |
| (2) | Authority to enter upon land |
| 52 | Land acquired in a municipality |
| 53 | Community may not assert lack of authority |
| ECONOMIC DEVELOPMENT AND TAX SHARING AGREEMENTS | |
| 54(1) | Definition |
| (2) | Encouraging economic development |
| (3) | Strategic plan |
| (4) | Condition of grant |
| 55 | Tax sharing agreements |
| GRANTS | |
| 56(1) | Power to make grants |
| (2) | Benefit may be to only part of community |
| (3) | Recipient may be outside community |
| (4) | Grant to community or regional development corporation |
| (5) | Condition of grant |
| (6) | Definitions |
| COMMUNITIES NOT INCORPORATED | |
| 57 | Communities not incorporated may only exercise delegated powers |
| 58(1) | Authorization required to dispose of property |
| (2) | Authorization may contain directions re proceeds |
| (3) | Terms, conditions and procedures |
| DIVISION 3 | |
| DUTIES OF COMMUNITIES | |
| FIRE PROTECTION | |
| 59(1) | Fire protection |
| (2) | Method of providing services |
| 60 | Fire protection force |
| 61 | Agreement |
| 62(1) | Fees for false alarms |
| (2) | Collection of fees |
| 63 | Services of fire protection force |
| 64 | Powers of fire protection force |
| COMMUNITY ROADS | |
| 65(1) | Title to land — community roads |
| (2) | Certain rights preserved |
| 66 | Control of community roads |
| 67 | Powers respecting community roads |
| 68 | Opening a community road |
| 69(1) | Closing a community road |
| (2) | Notice of proposed closing |
| 70(1) | Sale or lease of land re community roads |
| (2) | Mines and minerals |
| 71 | Sand and gravel |
| 72 | Maintenance of community roads and certain land after approval |
| 73 | Standard of construction and maintenance |
| 74 | Application: community that is not incorporated |
| DRAINS | |
| 75(1) | Definition |
| (2) | Jurisdiction over drains |
| (3) | Duties re drains |
| (4) | Community's power to clear drains |
| ROADS, BRIDGES AND DRAINS CROSSING COMMUNITY BOUNDARIES | |
| 76(1) | Joint responsibility to maintain |
| (2) | Standard of construction and maintenance |
| (3) | Agreement to construct or maintain |
| (4) | Joint jurisdiction over roads and bridges |
| (5) | Reference to Municipal Board |
| (6) | Reference to the minister |
| PART 4 | |
| ELECTIONS RE COMMUNITY COUNCILS | |
| 77 | Conduct of elections |
| 78(1) | Four-year term |
| (2) | Term — regular election |
| (3) | Term — by-election |
| 79(1) | Timing of regular elections |
| (2) | Staggered terms |
| 80(1) | Election of mayor |
| (2) | Mayor's term if appointed |
| 81 | Wards or community vote may be prescribed |
| 82(1) | Qualifications of voters |
| (2) | Residency |
| (3) | Persons with no fixed address |
| (4) | Oath conclusive in absence of other evidence |
| (5) | New or expanded community |
| 83 | Qualification of members of council |
| 84 | Persons who are disqualified |
| 85(1) | Definition |
| (2) | |
| 86(1) | When member becomes disqualified |
| (2) | Deemed resignation |
| (3) | Eligibility at next election |
| (4) | Eligibility after disqualification under conflict provisions |
| 87(1) | Disqualified person must resign |
| (2) | Application to court |
| (3) | How application made |
| 88(1) | Only one office at a time |
| (2) | Current member must resign to run in by-election |
| 89(1) | Vacancy in councillor position after regular election |
| (2) | Vacancy in office of mayor after regular election |
| (3) | Vacancy after by-election |
| (4) | Section does not apply in case of a tie or death |
| 90 | Appointment of administrator if no council or quorum |
| 91(1) | Resignation of member |
| (2) | Effective day of resignation |
| (3) | C.A.O. to report resignation to council |
| 92(1) | By-election to fill vacancy on council |
| (2) | Appointment of mayor by councillors |
| (3) | By-election to be held on request of council |
| (4) | Appointed, elected person to file oath of office |
| 93 | Election of first council |
| 94(1) | Appointment of prescribed election officials |
| (2) | Qualifications |
| 95(1) | Appointment of principal electoral officer |
| (2) | P.E.O. may delegate |
| (3) | P.E.O. retains powers and duties |
| 96(1) | Powers and duties of P. E.O. |
| (2) | Public education and information |
| (3) | Notices by P.E.O. |
| (4) | Special powers of P.E.O. |
| (5) | Direct appointment of election officials |
| (6) | Community must comply |
| (7) | P.E.O. may appoint |
| (8) | Order to deliver material |
| 97(1) | Postponing an election |
| (2) | Terms extended |
| (3) | Effect of order |
| (4) | When order may be made |
| 98 | Protection from liability |
| PART 5 | |
| GOVERNANCE | |
| DIVISION 1 | |
| SETTLEMENTS — CONTACT PERSONS | |
| 99(1) | Appointment of contact person |
| (2) | Role of contact person |
| DIVISION 2 | |
| COMMUNITIES — COUNCILS | |
| 100 | Council is governing body |
| 101(1) | Council is continuing body |
| (2) | Composition |
| (3) | Establishing the number of councillors |
| 102 | Role of council |
| 103 | Role of mayor |
| OATH | |
| 104(1) | Oath of office |
| (2) | Failure to comply |
| CONFLICT PROVISIONS | |
| 105 | Municipal Councils Conflict of Interest Act applies |
| DELEGATION BY COUNCIL | |
| 106(1) | Matters that a council may delegate |
| (2) | Matters that a council may not delegate |
| BY-LAWS AND RESOLUTIONS | |
| 107(1) | How council may act |
| (2) | Where by-law required |
| (3) | Where resolution authorized |
| (4) | Where by-law used instead of resolution |
| 108 | Passing a resolution |
| 109(1) | Proposed by-law to be given three readings |
| (2) | Limit of two readings at one meeting |
| (3) | Text to be available before first reading |
| (4) | Text to be available before third reading |
| (5) | Procedure at each reading |
| 110 | Rescission of previous by-law readings |
| 111 | When a by-law is passed |
| 112(1) | Coming into force — by-laws |
| (2) | Where approval required |
| (3) | No retroactivity without specific authority |
| 113 | Coming into force — resolutions |
| COUNCIL COMMITTEES | |
| 114 | Composition of council committees |
| 115 | When committee resolution binds council |
| 116 | Application of council provisions to committees |
| MEETINGS OF COUNCIL | |
| 117 | Council to designate community office |
| 118 | First meeting after regular election |
| 119 | Effect of meeting not taking place |
| 120 | Minutes |
| 121(1) | Quorum for council meetings |
| (2) | Number required for quorum |
| (3) | Minimum number for quorum |
| (4) | When member not to be counted |
| 122(1) | Voting obligatory |
| (2) | Voting to be open |
| 123(1) | Decisions by majority |
| (2) | Tie votes |
| ORGANIZATION AND PROCEDURE | |
| 124(1) | Deputy and acting mayor |
| (2) | When deputy mayor may act as mayor |
| 125(1) | Organization of council |
| (2) | Application — incorporated communities |
| (3) | Term of appointments — committees and bodies |
| 126(1) | Council to establish procedures |
| (2) | Council bound by procedures |
| (3) | Content of procedures |
| (4) | Further procedures |
| (5) | Application — incorporated communities |
| 127(1) | Meeting through electronic communications |
| (2) | Participating member deemed to be present |
| SPECIAL MEETINGS | |
| 128(1) | Mayor convening special meeting |
| (2) | Notice according to procedures adopted |
| (3) | Procedures for calling special meetings |
| (4) | Effect of notice given to absent member |
| (5) | Member may waive notice |
| (6) | Agenda at special meeting |
| PUBLIC PARTICIPATION | |
| 129(1) | Open meetings |
| (2) | Expulsion for disorderly conduct |
| (3) | When council or council committee may close meeting |
| (4) | Resolution to re-open a closed meeting |
| PUBLIC MEETINGS | |
| 130(1) | Application |
| (2) | Attendance of members at public meeting |
| (3) | Procedure at public meeting |
| (4) | Council may establish procedure in by-law |
| (5) | Notice of continuation of adjourned meeting |
| COMPENSATION | |
| 131(1) | Definitions |
| (2) | Setting indemnity and expenses |
| (3) | Application — incorporated communities |
| (4) | Prescribed terms and conditions — unincorporated communities |
| (5) | Portion of indemnity may be deemed expense |
| (6) | Members may accept payments |
| (7) | Report to show payments to members |
| (8) | Timing of report |
| PART 6 | |
| ADMINISTRATIVE ORGANIZATION | |
| COMMUNITY ADMINISTRATIVE OFFICER | |
| 132(1) | Establishment of position of C.A.O. |
| (2) | Incorporated community to act by by-law |
| (3) | Majority required for suspension or revocation |
| (4) | Council may give title other than "C.A.O." |
| 133 | C.A.O. entitlement in certain circumstances |
| 134(1) | C.A.O.'s responsibilities |
| (2) | C.A.O.'s administrative duties |
| (3) | C.A.O. duties re council committees |
| 135(1) | Duty of C.A.O. if money not lawfully used |
| (2) | Minister's powers after receiving notice |
| 136 | Delegation by C.A.O. |
| DESIGNATED OFFICERS | |
| 137(1) | Establishment of designated officer positions |
| (2) | Delegation by designated officer |
| (3) | Employees who handle money to be bonded |
| PENSIONS AND BENEFITS | |
| 138 | Pensions and benefits program |
| COMMUNITY RECORDS | |
| 139(1) | Retention of community records |
| (2) | Certain documents not to be destroyed |
| (3) | Records to be provided on request |
| (4) | Council may authorize access to other records |
| (5) | Copy of community record |
| (6) | Copying fees |
| (7) | Certain information not available |
| PART 7 | |
| FINANCIAL ADMINISTRATION | |
| DIVISION 1 | |
| APPLICATION TO COMMUNITIES THAT ARE NOT INCORPORATED | |
| 140(1) | Application to unincorporated communities |
| (2) | Application |
| (3) | Community must assist |
| DIVISION 2 | |
| MANAGEMENT PLAN WITH ESTIMATES | |
| 141 | Fiscal year |
| 142(1) | Annual management plan |
| (2) | Council may request extension of time |
| (3) | Content of management plan |
| (4) | Form approved by the minister |
| 143(1) | Content of operating budget |
| (2) | Expenditures not to exceed revenues |
| (3) | Minister may impose terms and conditions |
| 144 | Content of capital budget |
| 145 | Content of capital expenditure program |
| 146(1) | Reserve funds |
| (2) | Surplus may be transferred to reserve fund |
| (3) | Expenditure from reserve with specific purpose |
| 147(1) | Public consultations |
| (2) | New public meeting when certain items revised |
| (3) | Increase in requisition only |
| DIVISION 3 | |
| FINANCIAL OPERATIONS | |
| 148(1) | Council may borrow for operating expenses |
| (2) | Repayment |
| (3) | Ministerial approval required |
| 149 | Council to obtain approval for anticipated deficiency |
| 150(1) | Expenditures |
| (2) | Expenditures not set out in operating budget |
| (3) | Expenditure not set out in capital budget |
| (4) | If revenue exceeds estimates |
| (5) | Interpretation — "excess revenue" |
| 151 | Investments |
| DIVISION 4 | |
| ANNUAL FINANCIAL STATEMENTS AND AUDITOR'S REPORT | |
| 152(1) | Annual financial statements |
| (2) | Form of statements |
| (3) | Variation in form |
| (4) | Annual financial statements and other financial information |
| 153(1) | Auditor |
| (2) | Qualifications of auditor |
| (3) | Minister may appoint if council does not |
| (4) | Community to pay auditor's fees and expenses |
| (5) | Payment of fees |
| 154(1) | Auditor's entitlement to access |
| (2) | Auditor's entitlement to information |
| (3) | Financial institution to provide information |
| (4) | Information from land titles offices and courts |
| (5) | Powers under Part V of Evidence Act |
| (6) | Auditor may attend meetings |
| (7) | Auditor must report failure to comply |
| 155(1) | Scope of auditor's examination |
| (2) | Consolidated statements |
| (3) | When auditor not required to audit local bodies |
| 156(1) | Timing and content of auditor's report |
| (2) | Auditor to submit supplement with report |
| (3) | Auditor to provide minister with information |
| (4) | Extension of time |
| (5) | Council to advise minister of action taken |
| (6) | Minister may take action |
| DIVISION 5 | |
| IMPOSING AND COLLECTING TAXES IN INCORPORATED COMMUNITIES | |
| WITHOUT ASSISTANCE OF THE MINISTER | |
| 157(1) | Property tax by-law |
| (2) | By-law to be filed |
| (3) | Notification by minister |
| (4) | When property tax by-law to be passed and filed |
| (5) | Amendment of by-law |
| 158(1) | Business tax by-law if no agreement with minister |
| (2) | Maximum tax rate |
| (3) | By-law to be filed |
| (4) | Notification by minister |
| (5) | When business tax by-law to be passed and filed |
| (6) | Amendment of by-law |
| 159 | Fees in lieu of business taxes |
| WITH ASSISTANCE OF THE MINISTER | |
| 160(1) | Minister to help impose and collect taxes |
| (2) | Application |
| 161(1) | Property tax by-law if agreement with minister |
| (2) | Rates |
| (3) | By-law to be filed |
| (4) | Amendment of by-law |
| 162(1) | Business tax by-law if agreement with minister |
| (2) | Maximum tax rate |
| (3) | By-law to be filed |
| 163 | Effect of agreement |
| GENERAL | |
| 164(1) | Application of Municipal Act |
| (2) | Changes to provisions |
| 165 | Tax or fee in addition to other taxes |
| 166 | Application — business taxes |
| 167 | Part year use or occupancy |
| TAX AND DEBT COLLECTION | |
| 168(1) | Part 11 of Municipal Act applies |
| (2) | If agreement between minister and community |
| (3) | Changes to provisions |
| 169(1) | Notice provisions re tax sale and auction |
| (2) | Notice of tax sale |
| (3) | Registration of notice |
| (4) | Directions for service of notice |
| (5) | Different directions for different properties |
| (6) | Notice of proposed sale |
| (7) | Content of notice |
| (8) | Public notice |
| 170(1) | Prior right of community to purchase |
| (2) | Property may be redeemed from tax sale |
| (3) | Date of purchase |
| (4) | Notice of intent to purchase |
| (5) | Purchase money not needed |
| REGULATIONS | |
| 171 | Application — regulation making powers under Municipal Act |
| PART 8 | |
| THE MINISTER | |
| GENERAL ROLE AND POWERS | |
| 172(1) | Role — general |
| (2) | Services — other departments and agencies |
| 173(1) | Powers — communities that are not incorporated |
| (2) | Powers — areas outside communities |
| (3) | Powers under other enactments continue |
| (4) | Application |
| (5) | Ministerial powers may be exercised differently |
| (6) | Providing services |
| 174(1) | Regulations in place of by-laws |
| (2) | Dates may be varied re tax regulation |
| 175(1) | Delegation and assignment by regulation |
| (2) | Community exercising delegated powers |
| FILING AND DISALLOWANCE OF BY-LAWS FOR COMMUNITIES THAT ARE NOT INCORPORATED | |
| 176(1) | Filing requirement — by-laws |
| (2) | Coming into force of by-law delayed |
| (3) | Disallowing by-law |
| 177(1) | Filing requirement — resolutions |
| (2) | Coming into force of resolution delayed |
| (3) | Disallowing resolution |
| (4) | Application |
| INFORMATION | |
| 178(1) | Giving minister documents and information |
| (2) | Community to comply |
| 179 | Regulations re information to be distributed |
| DEALING WITH LAND AND OTHER PROPERTY | |
| 180(1) | Minister may acquire property |
| (2) | Exercising power to acquire land |
| 181(1) | Land acquired becomes Crown land |
| (2) | Dispositions: consultation and ministerial approval |
| (3) | No consultation re permits under Crown Lands Act |
| (4) | Delegation of approving land dispositions |
| FINANCIAL MATTERS | |
| 182(1) | Fund continued |
| (2) | Minister responsible for Fund |
| (3) | Bank account |
| (4) | Credits to Fund |
| (5) | Payments from Fund |
| 183(1) | Fiscal year of Fund |
| (2) | Accounts of Fund |
| (3) | Fund not part of Consolidated Fund |
| (4) | Investment of money in the Fund |
| 184(1) | Audit of fund |
| (2) | Auditor's report in Public Accounts |
| 185 | Agreement re taxation |
| 186(1) | Agreements with Canada and others |
| (2) | Other parties |
| (3) | Agreement may provide for fees in lieu of taxes |
| 187(1) | Fees in lieu of taxes |
| (2) | Collection of fees |
| 188(1) | Definition: "taxes" |
| (2) | Application |
| 189 | Grants — general |
| 190(1) | Unconditional Grants Act |
| (2) | Payment of money received to council |
| (3) | Determination of population |
| (4) | Exception |
| 191 | Withholding financial assistance |
| 192(1) | Set-off — money to be paid to community |
| (2) | Set-off — money paid over to others |
| (3) | Notice |
| (4) | Effect of deduction |
| MINISTER'S ROLE UNDER OTHER ACTS | |
| 193(1) | Minister assumes role in respect of approvals etc. |
| (2) | Acting as P.U.B. for community not incorporated |
| (3) | Hearing not required |
| (4) | Investigation |
| APPEALS TO THE MINISTER | |
| 194(1) | Appeals to minister — unincorporated communities |
| (2) | Contents of notice of appeal |
| (3) | Where decision or order not appealed |
| (4) | Minister to invite response |
| (5) | Minister's powers to determine appeals |
| (6) | Investigation |
| (7) | Decision final |
| INVESTIGATIONS | |
| 195(1) | Investigation |
| (2) | Appointment and remuneration |
| (3) | Powers and duties of appointee |
| (4) | Report re investigation |
| (5) | Distribution of report |
| DIRECTIONS, DISMISSAL AND ADMINISTRATION | |
| 196(1) | Directions in certain circumstances |
| (2) | Dismissal |
| (3) | Election of new council |
| (4) | Application |
| 197(1) | Appointment of administrator — financial difficulties |
| (2) | Directions |
| (3) | Administrator under control of minister |
| (4) | Powers of administrator |
| (5) | Notice in Manitoba Gazette |
| (6) | Administrator may demand books |
| (7) | Administrator to be bonded |
| (8) | Approval of administrator's by-laws |
| (9) | Payment of expenses |
| 198 | Restoration of community status |
| 199 | Effect of appointment |
| RECEIVERSHIP | |
| 200(1) | Dissolution of community |
| (2) | Effect of dissolution |
| (3) | Publication in Manitoba Gazette |
| 201(1) | Receiver under control of minister |
| (2) | Receiver may demand books |
| (3) | Receiver to be bonded |
| (4) | Payment of expenses |
| 202(1) | Powers to realize upon assets |
| (2) | Application of money |
| (3) | Distribution of assets for school purposes |
| FEES | |
| 203(1) | Fees |
| (2) | Payment and collection |
| DELEGATION | |
| 204 | Delegation |
| PART 9 | |
| LEGAL MATTERS | |
| DIVISION 1 | |
| CHALLENGING BY-LAWS AND RESOLUTIONS | |
| 205(1) | Application for declaration of invalidity |
| (2) | When by-law is discriminatory |
| (3) | Order |
| 206(1) | Time limit for action under clause 205(1)(d) |
| (2) | Validity relating to public participation |
| 207 | No challenge on certain grounds |
| DIVISION 2 | |
| LIABILITY OF COMMUNITIES | |
| 208 | Definitions |
| COMMUNITY ROADS | |
| 209(1) | No liability unless community road |
| (2) | Liability for community roads |
| (3) | Liability for location of community road |
| BUILDING INSPECTIONS | |
| 210(1) | Requests for inspections |
| (2) | Negligent inspections |
| (3) | Certification by professionals |
| (4) | Matters outside scope of inspection |
| (5) | Failure to comply with conditions |
| (6) | Failure to prevent or limit loss |
| (7) | Inspection not a guarantee |
| OTHER MATTERS | |
| 211 | Limited liability for public facility |
| 212 | Limited liability for utilities or services |
| 213 | Limited liability for water overflow |
| 214 | Limitation on standard of care for protective fire services |
| 215 | Exercise of discretion |
| 216 | Liability for remedying contravention of by-law |
| 217 | No liability for negligent supervision by others |
| 218 | No liability for certain nuisances |
| 219(1) | Notice requirement |
| (2) | Limitation of actions |
| (3) | When notice must be forwarded to minister |
| DIVISION 3 | |
| JUDGMENTS AGAINST COMMUNITIES | |
| 220(1) | Service of judgment |
| (2) | Payment by community |
| 221 | Failure to pay judgment |
| 222(1) | Liens against community property |
| (2) | Registration of judgment |
| 223 | Prohibition of execution against community |
| DIVISION 4 | |
| INDEMNIFICATION OF MEMBERS OF COUNCIL, EMPLOYEES AND VOLUNTEERS | |
| 224 | Definitions |
| 225(1) | Protection from liability |
| (2) | No protection re defamation |
| (3) | No protection re community |
| 226(1) | Indemnification on successful defence |
| (2) | Discretion to indemnify |
| (3) | Costs incurred under Conflict of Interest Act |
| DIVISION 5 | |
| UNAUTHORIZED EXPENDITURES | |
| 227(1) | Offence |
| (2) | Civil liability of members of council |
| (3) | Joint and several liability |
| (4) | Action by community or voter |
| (5) | Exceptions for expenditures |
| DIVISION 6 | |
| NOTICES AND SERVICE OF DOCUMENTS | |
| PUBLIC NOTICE | |
| 228(1) | Public notice of by-laws and meetings |
| (2) | Content of the notice of meeting |
| (3) | Certification of public notice |
| SERVICE OF NOTICES AND OTHER DOCUMENTS | |
| 229(1) | Service of notices and other documents |
| (2) | Service of documents on a community |
| DIVISION 7 | |
| CERTIFIED COPIES OF COMMUNITY RECORDS | |
| 230(1) | Admissibility of certified copy in evidence |
| (2) | Admissibility of record in converted form |
| (3) | Certificate |
| (4) | Judicial notice |
| 231 | Deemed change of certain terms |
| PART 10 | |
| REGULATIONS | |
| 232(1) | L.G. in C. regulations |
| (2) | Retroactive regulation |
| (3) | Time limitation on regulation |
| 233 | L.G. in C. regulations — northern Manitoba |
| 234 | Regulations by minister |
| 235 | Application |
| 236 | Publication is proof of compliance |
| PART 11 | |
| TRANSITIONAL PROVISIONS | |
| 237 | Definition |
| 238(1) | Community with contact person continued as settlement |
| (2) | Communities continued as communities |
| (3) | Incorporated communities continued |
| 239(1) | Effect of continuation — settlement |
| (2) | Effect of continuation — community |
| 240 | Contact persons |
| 241(1) | Councils of communities continued |
| (2) | Members continue as if elected under this Act |
| 242(1) | Transition from February to October elections |
| (2) | Regular election in October, 2008 |
| 243 | Regular election to be held in February 2007 |
| 244 | Provisions apply despite postponement of election |
| 245(1) | By-laws, resolutions, appointments and other decisions |
| (2) | Organizational by-law and procedures by-law |
| 246 | Licences, permits, approvals and authorizations |
| 247 | Agreements and contracts |
| 248 | Funds and reserves under former Act |
| 249 | Borrowing |
| 250 | Continuation of tax and penalty |
| 251 | Tax rolls and tax notices |
| 252 | Tax sales and redemptions |
| 253 | Transitional regulations |
| PART 12 | |
| CONSEQUENTIAL AMENDMENTS | |
| 254 to 269 | |
| PART 13 | |
| REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE | |
| 270 | Repeal |
| 271 | C.C.S.M. reference |
| 272 | Coming into force |