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C.C.S.M. c. U10
The Unconditional Grants Act
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HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"census" means a census of population and agriculture in Manitoba taken under the Statistics Act (Canada); (« recensement »)
"minister" means the Minister of Finance; (« ministre »)
"organized local area" includes the area comprised in a local government district, and industrial townsite, or an unincorporated urban district established under The Local Government Districts Act, or a school district under The Public Schools Act that is situated wholly in unorganized territory; (« région locale organisée »)
"population", as used in reference to a municipality, means the number of persons resident in the municipality determined from time to time as herein provided. (« population »)
Subject as herein provided, the minister may in each year pay from the Consolidated Fund to each municipality in the province as a grant, a sum equal to the product obtained by multiplying
(a) an amount in dollars and cents determined for that year by order of the Lieutenant Governor in Council; by
(b) a number equal to the population of the municipality in the last preceding year.
The grants payable under subsection (1) shall be paid from the Consolidated Fund with moneys authorized by an Act of the Legislature to be so paid and applied.
The grants shall be payable in each year on or before July 31.
For the purposes of this Act, the population of a municipality in any year is, subject to subsection (2) and to section 4,
(a) the number of persons resident therein in that year as finally determined by Statistics Canada as a result of the then latest census in respect of which Statistics Canada has issued its final report;
(b) the number of persons who, as determined by that census, resided, at the time it was taken, in a military establishment or on an Indian reserve.
Where, subsequent to the taking of a census, the boundaries of a municipality are so changed that, in the opinion of the Minister of Local Government, the population of the municipality has increased or decreased, he may at any time re-determine the population of the municipality for any year in the manner prescribed in the regulations, excluding therefrom persons resident in military establishments or on Indian reserves.
Where the Minister of Local Government re-determines the population of a municipality as provided in subsection (2), he shall forthwith notify the clerk of the municipality in writing of the population of the municipality as so re-determined.
If the council of a municipality is dissatisfied with a re-determination of the population made under subsection (2), it may, by resolution, request the Minister of Local Government to refer the matter to the Lieutenant Governor in Council, and he shall do so; and the Lieutenant Governor in Council may alter or confirm the population as re-determined as aforesaid; and the decision of the Lieutenant Governor in Council is for the purposes of this Act, final and conclusive.
If the council of a municipality does not, within 30 days of the receipt by the clerk of the notice for which subsection (3) provides, request a reference under subsection (4), it shall be deemed to have accepted the decision of the Minister of Local Government; and the population as re-determined by the Minister of Local Government shall be deemed to be the population of the municipality for the purposes of this Act until that population is again determined as provided in this section.
Notwithstanding sections 2 and 3, the minister shall, in the year next following each year in which a census is taken after this Act comes into force, re-determine the population of each municipality for each year of the last preceding intercensal period
(a) exclusive of persons who, as determined by the census, resided, at the time it was taken, in a military establishment or on an Indian reserve; and
(b) on the assumption that the population thereof, exclusive of persons to whom clause (a) applies, increased or decreased from year to year by a uniform number.
Following each such re-determination, the minister shall calculate the amount of the payments that would have been made to each municipality in accordance with section 2 if the population of the municipality for each of the years of the preceding intercensal period, had been the population as re-determined under subsection (1).
If the aggregate of the amounts calculated for any municipality under subsection (2) is more than the aggregate of the amounts already received by the municipality during the period, the minister shall, before December 31 in that year, pay to the municipality the amount of difference.
For the purposes of this section, the decision of the minister as to the amounts to be paid to each municipality is final and conclusive.
Every grant made to a municipality under this Act is unconditional as to its use.
The minister, if authorized by an order of the Lieutenant Governor in Council, may make grants or payments on behalf of persons resident in an organized local area or on Indian reserves or on behalf of other groups of persons who reside in the province but not within a municipality, but not including persons residing in military establishments.
Grants or payments made under subsection (1) may be made to a resident administrator, committee, or board having administrative powers with respect to an organized local area, or to any other person or group or body of persons deemed by the minister to be capable of, and suitable for, administering or expending the grants or payments for the benefit of the persons on whose behalf they are made.
Grants or payments made under subsection (1) in any year shall be computed on the basis of an amount per capita equal to that fixed under clause 2(1)(a) in respect of grants made under that section.
Subject as herein provided, grants or payments made under subsection (1) shall be computed and paid as provided in the regulations; and persons to whom the payments are made shall expend them as provided in, and for the benefit of persons described in, the regulations or an order in council.
Where a grant or payment has been authorized under subsection (1), if, after December 31 of the year next following the year in which it was due to be paid, the grant or payment so authorized or any part thereof has not been paid, the minister, on order of the Lieutenant Governor in Council, may transfer to current revenue the amount of the grant or payment or of the part thereof remaining unpaid; and thereafter the authorization of the grant or payment or of the part thereof so remaining unpaid shall be deemed to be rescinded.
Where a grant or payment has been authorized under subsection 6(1), the minister if authorized by order of the Lieutenant Governor in Council, may, in lieu of making the grant or payment so authorized, pay from the Consolidated Fund the amount of the expenditures made or indebtedness incurred, by a minister of the Crown designated in the order, for the public good and benefit of persons resident in the organized local area, Indian Reserve, or other area in respect to which the grant or payment was authorized; but the total of payments made under this section in lieu of any grant or payment so authorized shall not exceed the amount of that grant or payment.
For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make such regulations and orders, not inconsistent with any other provision of this Act,
(a) respecting the manner in which the Minister of Local Government shall re-determine the population of a municipality under subsection 3(2);
(b) respecting the computation and payment of amounts paid under subsection 6(1), and describing persons for whose benefit such amounts are paid.
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