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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) | Statutes and 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) | |
| (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 | 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 | |