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C.C.S.M. c. R38
The Regional Waste Management Authorities Act
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(Assented to July 27, 1993)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
INTERPRETATION AND APPLICATION
In this Act,
"authority" means a regional waste management authority established under this Act; (« office »)
"board" means a board of directors of an authority; (« conseil d'administration »)
"council", when used with reference to a local government district, means the resident administrator of the local government district; (« conseil »)
"incorporated community" means an incorporated community incorporated under The Northern Affairs Act; (« communauté constituée »)
"land" means land as defined in The Expropriation Act; (« bien-fonds »)
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)
"Municipal Board" means The Municipal Board continued under The Municipal Board Act; (« Commission municipale »)
"municipality" includes a local government district and an incorporated community, but does not include The City of Winnipeg; (« municipalité »)
"organization committee" means an organization committee established under section 3; (« comité d'organisation »)
"waste" means waste within the meaning of The Environment Act that is solid or liquid or a combination thereof; (« déchets »)
"waste management" means the planning, organization, controlling and supervision of, and the provision of the means for, the storage, collection, transportation, treatment, handling, disposal, prevention, reduction, reuse or recycling of waste or the recovery of materials, substances or energy from waste. (« gestion des déchets »)
An authority established under this Act is a corporation created for municipal purposes within the meaning of clause 3(1)(b) of The Corporations Act.
In the event of a conflict between this Act and The Municipal Act, this Act prevails.
The council of a municipality that has passed a resolution approving an investigation of the appropriateness of establishing and operating an authority may, with any other municipality or municipalities that have passed resolutions to the same effect, enter into an agreement providing for
(a) the establishment of an organization committee;
(b) the appointment of the members of the organization committee;
(c) the engagement of any persons for the purposes of the organization committee and the payment of their remuneration and expenses;
(d) the payment of the expenses of the organization committee; and
(e) any other matter that the parties consider advisable.
The organization committee shall, without delay after its establishment, consider the appropriateness of establishing and operating an authority and may, if the committee considers that the establishment and operation of an authority is appropriate, prepare a scheme that provides for the following:
(a) the establishment and operation of an authority;
(b) the identification of the waste management services to be provided by the authority;
(c) the identification of all or some of the municipalities who are parties to the agreement under section 3 as municipalities that ought to be members of the authority;
(d) the setting of fees to be charged by an authority to its member municipalities or any class of its customers;
(e) a financial plan for the establishment and operation of the authority, including particulars of
(i) the proposed acquisition by the authority of capital property, including contributions of capital property by proposed member municipalities and land proposed to be expropriated,
(ii) the projected annual revenue, the sources of that revenue and the projected operating expenses of the authority,
(iii) the amount of money proposed to be raised for capital and operating expenses and particulars of the bonds, debentures or other securities to be issued with respect to money to be borrowed for capital expenditures, and
(iv) the division of liability for capital and operating expenses of the authority among the proposed member municipalities;
(f) any other matter that the minister or the committee may consider advisable.
On completion of a scheme under section 4, the organization committee shall submit a copy of the scheme together with its report, if any, to each municipality that is a party to the agreement under section 3.
Upon receipt of the scheme and report, if any, from the organization committee, the council of a municipality shall
(a) publish in a newspaper having circulation in the municipality a notice stating that
(i) the scheme and the report, if any, may be inspected during office hours at a place fixed in the notice,
(ii) the council will hear representations respecting the scheme at a time and place fixed in the notice, and
(iii) the council will receive representations in writing at any time prior to the end of the hearing;
(b) make a copy of the scheme and the report, if any, available for inspection during the hours and at the place fixed in the notice;
(c) at the time and place fixed in the notice, sit and hear representations by any person and receive representations in writing made prior to the end of the hearing; and
(d) taking all representations into consideration, approve or reject the scheme by resolution.
Where all the municipalities identified under clause 4(c) approve by resolution of a scheme, those municipalities may submit the scheme and make a request to the minister that regulations be made by the Lieutenant Governor in Council under subsection 7(1) in respect of the scheme.
ESTABLISHMENT, OBJECTS, POWERS AND WINDING UP OF AUTHORITY
The Lieutenant Governor in Council may make regulations
(a) establishing an authority;
(b) prescribing the name of the authority;
(c) designating the municipalities that are to be the members of the authority, and, in the case of Northern Manitoba as defined in The Northern Affairs Act other than an incorporated community, the area of Northern Manitoba to be included in the authority;
(d) providing for the appointment of members of the board by the council of a municipality designated under clause (c), fixing the number of members of the board to be appointed and, if the Lieutenant Governor in Council considers it appropriate, fixing the term of any member of the board;
(e) governing the waste management services to be provided by the authority;
(f) governing the fees to be charged by an authority to its member municipalities or any class of its customers;
(g) governing the acquisition by an authority of real and personal property to be used in the operations of the authority;
(h) prescribing the terms and conditions to which an acquisition under clause (g) is subject;
(i) authorizing The Municipal Board to determine the amount that an authority must pay a municipality from which is acquired real or personal property, other than land that is expropriated, for the operations of the authority;
(j) despite any Act of the Legislature, governing the liability of the member municipalities for the capital and operating expenses of an authority including liability under any bonds, debentures or other securities issued by it;
(k) providing for the continuance of waste management services and for any other transitional matter with respect to the acquisition of real or personal property by an authority for its operations;
(l) providing for transitional matters when
(i) a municipality is, or ceases to be, designated as a member of an existing authority,
(ii) the area or boundaries of a municipality that is designated as a member are altered, or
(iii) changes in the circumstances of an authority occur that in the opinion of the Lieutenant Governor in Council warrant the making of transitional provisions;
(m) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the intent and purpose of this Act.
A regulation made under subsection (1) is not invalid by reason only that no scheme was approved under section 6 or that the regulation was not in accordance with a scheme in respect of which a request was made under section 6.
If the Lieutenant Governor in Council considers that the financial or administrative condition of an authority warrants the making of regulations under this section, the Lieutenant Governor in Council may make regulations
(a) appointing and governing the duties of a trustee or receiver to conduct the affairs of the board;
(b) requiring and governing the winding-up of an authority.
Subject to section 10, an authority may expropriate land for use in its operations.
An authority may expropriate land if, on application by the authority, the expropriation is approved
(a) in the case of land within a municipality,
(i) by The Municipal Board, or
(ii) by resolution of the council of the municipality in which the land is located; and
(b) in the case of land not within a municipality, by The Municipal Board.
Before The Municipal Board considers an application by an authority under subclause (1)(a)(i) or clause (1)(b),
(a) The Municipal Board shall cause the authority to publish, in a newspaper having a circulation in the municipality in which the land is situated, a notice stating that, at a time and place fixed in the notice, The Municipal Board will hear representations respecting the proposed acquisition; and
(b) the authority shall send by mail or deliver a copy of the notice to the municipality in which the land is situated, and to each person who appears, by the certificate of title or other registrations respecting the title to the land, to have an interest in the land, or who has an interest in the land of which The Municipal Board has notice.
The Municipal Board
(a) shall, at the time and place fixed in the notice, sit and hear representations by or on behalf of the authority and any other person desiring to be heard; and
(b) shall approve or reject the application, with or without amendment, taking into consideration all representations made.
Despite any other provision of this Act, The Municipal Act or The Planning Act, in making its decision on an application under subsection (1), The Municipal Board may, by its order, give directions to the council of a municipality or planning district board in which the land is situated regarding any and all matters as to which the council or planning district board has jurisdiction and authority under The Municipal Act or The Planning Act, including, without restricting the generality of the foregoing, the use of the land; and the order of The Municipal Board has the force of law.
The Municipal Board has absolute discretion in making its decision which is final and not subject to review.
The object of an authority is to provide waste management services with respect to more than one municipality.
For the purpose of achieving its objects, an authority may, subject to this Act and the regulations,
(a) acquire, hold and dispose of real and personal property or any estate or interest therein;
(b) acquire, construct, operate and dispose of facilities;
(c) employ persons to carry out its operations;
(d) engage the services of a bank, trust company, credit union or other financial institution;
(e) borrow money on its credit for operating expenses and issue notes or other securities in respect of money so borrowed;
(f) subject to subsections (3) and (4), borrow money for capital expenditures and issue bonds, debentures or other securities with respect to money so borrowed;
(g) draw, make, accept, endorse, execute and issue promissory notes, bills of exchange or other negotiable or transferable instruments;
(h) enter into agreements with the Government of Manitoba, the Government of Canada, the government of a province or territory of Canada, an agency of any of those governments, a municipality, The City of Winnipeg or any other person;
(i) invest its funds that are not immediately required by it in investments in which municipalities are authorized to invest under The Municipal Act; and
(j) charge for its services.
An authority that has decided to borrow money for capital expenditures, shall, before it enters into any obligation to borrow that money,
(a) publish in a newspaper having circulation in each of the member municipalities a notice stating
(i) that the authority intends to borrow money,
(ii) the amount to be borrowed and whether bonds, debentures or other securities of the authority are proposed to be issued,
(iii) that the board will hear representations respecting the borrowing, at a time and place fixed in the notice, and
(iv) that the board will receive representations in writing at any time prior to the end of the hearing;
(b) at the time and place fixed in the notice, sit and hear representations by any person and receive representations in writing made prior to the end of the hearing; and
(c) take into consideration all representations made in making its decision on the approval or rejection of the borrowing.
Capital expenditures and the bonds, debentures or other securities to be issued by an authority with respect to those expenditures are subject to the approval of The Municipal Board, and when so approved, the expenditures are authorized and the bonds, debentures or other securities are valid and binding upon the authority and, subject to the this Act and the regulations, the municipalities that are members of the authority.
Nothing in this section affects the rights of an authority and of the municipalities that are members of an authority as among themselves.
The affairs of an authority shall be conducted by its board.
A council of a municipality that by regulation under clause 7(1)(d) is to appoint members of the board
(a) shall without delay appoint the number of members of the board to be appointed by it;
(b) may, except where the term of office of a member of the board is fixed by regulation, fix the term of office of each person so appointed;
(c) may, for each person appointed as a member of the board, appoint from among persons who are eligible to be appointed as members of the board, one or more persons to act as alternate members of the board; and
(d) shall, if two or more alternate members are appointed, rank them in the order in which they are permitted to act as alternate members.
A council of a municipality that appoints a member or alternate member to the board under subsection (1) shall forward the name of each person so appointed to the minister and to the chairperson of the board if one has been elected.
An alternate member of the board is entitled to act in place of the member in respect of whom he or she is named as alternate when the original member is absent or unable to attend a meeting of the authority.
When an alternate member acts in place of a member of the board, the alternate member is a member of the board for all purposes.
The authority may compensate members of the board for reasonable travelling and other expenses incurred in the course of their duties as members of the board.
The chairperson of the board shall be elected by the board from among its own members.
The board shall meet as directed by the chairperson or as requested by a majority of the members sitting on the board.
When the chairperson is absent from a meeting of the board, the members present may elect one of their number to preside as chairperson at the meeting.
The board may make by-laws governing the administration of the authority.
The fiscal year of an authority is the calendar year.
AUDITS AND REPORTS
The board shall appoint a qualified auditor who shall audit the records, accounts and financial transactions of the authority annually.
A person is qualified to be appointed under this section as the auditor of an authority if he or she is a chartered professional accountant authorized to provide public accounting services in accordance with The Chartered Professional Accountants Act.
The authority shall at the end of each fiscal year provide a report of its affairs
(a) to each municipality that is a member of the authority; and
(b) to the minister.
An annual report provided under subsection (1) shall be prepared before the end of February and shall include
(a) an audited financial statement for the immediately preceding fiscal year prepared by the auditor of the authority;
(b) a summary of the affairs of the authority for the immediately preceding fiscal year;
(c) a summary of the next fiscal year's projected activities; and
(d) any other information that the minister requests.
NOTE: These sections made up Parts 2 and 3 of the original Act and contained amendments to The Municipal Act and consequential amendments to other Acts, which amendments are now included in those Acts.
This Act comes into force on the day it receives royal assent.
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