The Municipal Board Act

C.C.S.M. c. M240

The Municipal Board Act

Table of Contents

1 Definitions
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
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
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
18 Appointment and remuneration of secretary
(2) Duties of secretary
(3) Records
(4) Copies of orders
(5) Assistant secretary
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
24 Procedure governed by rules
(2) Rules of evidence not binding on board
(3) Rules of practice, their publication
(3.1) Informal resolution
(3.2) Extension of time for informal resolution
(3.3) Duration of extension 
(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
24.1 Grounds of appeal
24.2 Dismissal of appeal
(2) Opportunity to make submission
(3) Reasons for dismissal 
(4) Timing of dismissal
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
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
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
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
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
57 General penalty
58 Costs in discretion of board
(2) Order for payment of costs
(3) Scale of costs
59 Tariff of fees
(2) Deposit before certain inquiries made
(3) Audit
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
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
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
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
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
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
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
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
104 Power to vary caveats, declarations and agreements
(2) Effect of order
(3) Approval of City of Winnipeg
105 Power of board to perform assigned duties
106 Annual report of board
(2) Report submitted to Legislature