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The Local Government Districts Act
This is an unofficial archived version of The Local Government Districts Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.

R.S.M. 1987, c. L190

The Local Government Districts Act

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions.

1

In this Act,

"award" includes an order, decision, settlement or appointment; ("decision")

"district" means a local government district incorporated under this Act; ("district")

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act. ("ministre")

PART I

LOCAL GOVERNMENT DISTRICTS

Incorporation.

2

Her Majesty, by letters patent issued pursuant to an order of the Lieutenant Governor in Council, may incorporate as a local government district the inhabitants of

(a) any locality; or

(b) any two or more localities, which need not be contiguous;

that is or are wholly or partly in unorganized territory or in a disorganized municipality.

Particulars included in letters patent.

3

The letters patent shall specify

(a) the limits and extent of the district and the name thereof, as follows:

"The Local Government District of " (inserting where indicated the special name to be borne by the district);

(b) that the district be considered a municipality or a school district for the purposes of all or only specified Acts of the Legislature.

Corporate powers of district.

4

Each local government district is a body corporate, and has all the rights, and is subject to all the liabilities, of a corporation and, without limiting the generality of the foregoing,

(a) it may acquire or receive by donation and hold, exchange, and alienate, both real and personal property for all district purposes;

(b) by the same name, it and its successors shall have perpetual succession;

(c) it may sue and be sued, implead and be impleaded, answer and be answered unto, in all courts and in all actions, causes, and suits whatsoever;

(d) it shall have a common seal, with power to alter and modify it at its will and pleasure; and

(e) it is capable of becoming a party to any contract or agreement in the management of its affairs.

Powers of district.

5

Each local government district has all the rights, powers and privileges granted under this Act or any other Act of the Legislature or under its letters patent but it shall not use its funds in a manner not authorized by this Act or by any other Act of the Legislature or by its letters patent.

Government of district.

6

Each local government district shall be governed in the manner provided in this Act and in its letters patent.

Statutory provisions made applicable.

7(1)

The letters patent may provide that certain specified provisions of The Municipal Act, The Public Schools Act, or the whole or any specific provisions of any other Act, shall be applicable to the district, the words "local government district" being substituted, wherever necessary therein, for the words "municipal corporation" or "municipality", or "school district", or "school area", or " school division", as the case requires; and wherever, in any provision so made applicable, a duty is imposed, or a power conferred, upon a municipality, a school district, a school area, or a school division, the duty or power, in like manner is, and shall be deemed to be, imposed or conferred in respect of the local government district; and wherever, in any provision so made applicable, a duty is imposed or a power conferred upon the council or board of trustees, or any officer or official of a municipality, a school district, a school area, or a school division, the duty or power, in like manner is, and shall be deemed to be, imposed or conferred upon the administrator or other corresponding officer or official of the local government district.

Amendment of or substitution for provisions made applicable.

7(2)

Where any Act or any provision thereof is, or has been, made applicable as provided herein,

(a) it shall be conclusively deemed to be, and to have been, made applicable as amended from time to time after or before the coming into force of this subsection; and

(b) if, after or before the coming into force of this subsection, any such Act or provision is, or has been, repealed and another Act or provision is, or has been, substituted therefor, the Act or provision so substituted shall be conclusively deemed to be, or to have been, made applicable as aforesaid.

Supplementary letters patent.

8

Her Majesty, by supplementary letters patent issued pursuant to an order of the Lieutenant Governor in Council, may vary the boundaries of the district and alter, reduce, or enlarge, the district and enlarge, restrict, or otherwise alter or amend the duties, rights, powers, and privileges, or the method of government of a local government district.

Power of Lieutenant Governor in Council.

9(1)

The Lieutenant Governor in Council may

(a) prescribe the form of assessment rolls, tax rolls, and other records, for local government districts and, with the approval of the auditors, the system of keeping the books and accounts of local government districts;

(b) appoint a local committee of not less than three or more than seven electors of a local government district with whom the resident administrator may consult with reference to the affairs of the district;

(c) in lieu of appointing a local committee under clause (b),

(i) provide for the election by the electors of the district of a local committee to the members of which Division I of Part II of The Municipal Act applies with such modifications as the circumstances require; and

(ii) in the order making that provision, set forth the manner in which the election shall be held and all necessary particulars and details with respect to the conduct of the election;

(d) transfer to the local committee of a local government district any power, duty or function of the resident administrator that may be specified by the Lieutenant Governor in Council;

(e) appoint the resident administrator of a district as official trustee for any or all school districts wholly or partly situated within the local government district;

(f) empower the resident administrator to act within a local government district or districts for or on behalf of any department of the government or for any board or commission established by the government;

(g) consolidate or merge any or all school districts partly or wholly situated within a local government district irrespective of their classification under The Public Schools Act, and establish them under this Act into one or more school districts, and designate its or their classification as school districts for the purposes of The Public Schools Act;

(h) alter the boundaries of any school district, and include in a school district lands situated in another school district or in unorganized territory, or detach lands from a school district and include them in another school district or in unorganized territory, upon such terms and conditions as the order in council provides, or if the order in council so provides, as may be determined by an award made by the minister;

(i) authorize, empower, and direct, the resident administrator of a local government district to exercise any or all the powers, and be subject to any or all the liabilities, of a board of trustees or of an official trustee under The Public Schools Act of any or all school districts wholly or partly situated within a local government district:

(j) authorize, empower, and direct,

(i) the receiver of a disorganized municipality; or

(ii) the board of trustees of a school district wholly or partly in unorganized territory or in a disorganized municipality; or

(iii) the official trustee of a school district wholly or partly in unorganized territory or in a disorganized municipality; or

(iv) the trustee for school districts in a disorganized municipality;

(to assign, transfer, and set over, any or all assets of the disorganized municipality or school district and, without in any way restricting the generality of the foregoing, any land or any interest therein, any taxes, arrears of taxes, tax sale certificates, tax sale applications, agreements for sale, options, or mortgages, unto

(v) any school district wholly or partly in unorganized territory or a disorganized municipality: or

(vi) any local government district;

and authorize, empower, and direct, the local government district, under and subject to The Public Schools Act or the school district, to administer the assets that have been assigned, transferred, and set over, to it upon such terms and conditions as the order in council provides, or if the order in council so provides, as may be determined by an award made by the minister:

(k) authorize, empower, and direct,

(i) the receiver of a disorganized municipality; or

(ii) the board of trustees of a school district wholly or partly in unorganized territory or in a disorganized municipality; or

(iii) the official trustee of a school district wholly or partly in unorganized territory or in a disorganized municipality; or

(iv) the trustee for school districts in a disorganized municipality; or

(v) the resident administrator of a local government district;

to assign, transfer, and set over, to Her Majesty in right of the province or the minister any or all lands or any interest therein, or any agreements for sale, options, or mortgages, of the disorganized municipality, the school district, or the local government district, upon such terms and conditions as the order in council provides, or, if the order in council so provides, as may be determined by an award made by the minister;

(l) authorize a local government district

(i) to acquire, accept or receive assets specified by the Lieutenant Governor in Council and, for the purpose of paying for the assets or as consideration therefor, to borrow money on the credit of the local government district or to assume the debt of another, as debt of the local government district that is not repayable during the fiscal year of the local government in which the money is borrowed or the debt assumed and to issue debentures as security for the debt; or

(ii) to accept, receive or take an assignment of a contract specified by the Lieutenant Governor in Council, and to accept the benefits and obligations under the contract, including obligations of a continuing nature that may be required to be met beyond the fiscal year in which the contract is assigned;

(m) for the purpose of allowing a local government district to meet its operating expenses incurred during the five years immediately after it was incorporated, authorize the local government district to borrow money on the credit of the local government district as debt that is not repayable during the fiscal year of the local government district in which the money is borrowed;

(n) vest any or all assets and, without in any way restricting the generality of the foregoing, any land or any interest therein, any taxes, arrears of taxes, tax sale certificates, tax sale applications, agreements for sale, options or mortgages in the name of, or belonging to,

(i) a disorganized municipality; or

(ii) a school district wholly or partly in unorganized territory or in a disorganized municipality; or

(iii) a trustee for school districts in a disorganized municipality;

(in the name of

(iv) a school district; or

(v) a local government district;

and authorize, empower, and direct, the local government district, under and subject to The Public Schools Act or the school district, to administer the assets so vested in it upon such terms and conditions as the order in council provides, or, if the order in council so provides, as may be determined by an award made by the minister;

(o) vest any or all lands or any interest therein or any agreements for sale, options, or mortgages, in the name of, or belonging to,

(i) a disorganized municipality; or

(ii) a school district wholly or partly in unorganized territory or in a disorganized municipality; or

(iii) a trustee for school districts in disorganized municipalities; or

(iv) a local government district, in the name of Her Majesty in right of the province or the minister upon such terms and conditions as the order in council provides, or, if the order in council so provides, as may be determined by an award made by the minister;

(p) authorize, empower, and direct, any local government district, disorganized municipality, or school district, or any school trustees, or any trustee for school districts in disorganized municipalities, and any officer, official, or employee, of any local government district, school district, disorganized municipality, or any branch, department, board, or commission, of the government, to carry out and implement any order in council passed under this Act or any award made by the minister;

(q) abolish any disorganized municipality, cancel and annul its incorporation, and provide that the area within its boundaries shall be deemed for all purposes to be unorganized territory, and make provision for the conveyance to, or vesting of, any or all of the assets of the disorganized municipality in any local government district, school district, Her Majesty in right of the province, or the minister, or in any one or more of them, upon such terms and conditions as are set out in the order in council or, if the order in council so provides, in an award made by the minister:

(r) abolish any school district in unorganized or disorganized territory, cancel and annul its incorporation and provide for the conveyance or vesting of any or all of its assets to or in any school district, local government district, Her Majesty in the right of the province, or the minister, or in any one or more of them, upon such terms and conditions as are set out in the order in council, or, if the order in council so provides, in an award made by the minister;

(s) re-establish the boundaries of any or all school districts in unorganized or disorganized territory;

(t) require a soil or utilization survey to be made of any lands or other natural resources in unorganized or disorganized territory, with a view to determining the best methods of economically developing any part of the territory and the best utilization of lands or other natural resources of the territory : and, for the purpose of obtaining information as to the soil or utilization of any such territory, authorize any person to enter upon any lands within the territory and make an examination thereof;

(u) prohibit settlement on lands unsuitable for settlement in unorganized territory, disorganized municipalities, or local government districts or in school districts in unorganized territory, disorganized municipalities, or local government districts, and prescribe terms and conditions upon which settlement will be permitted;

(v) prescribe the uses to be made of lands and other natural resources of the territory, and set aside lands for the purpose of reforestation, recreation, or agriculture, or for the development of any of the natural resources of the territory, and prescribe the terms and conditions upon compliance with which such lands or natural resources may respectively be used;

(w) exercise with respect to lands in unorganized territory, disorganized municipalities, or local government districts, or in school districts in unorganized territory, disorganized municipalities, or local government districts, any or all of the powers given to a municipality, or to the Lieutenant Governor in Council, under The Land Rehabilitation Act;

(x) annually limit the amount of taxes to be levied for any or all purposes on land or personal property or for business tax in unorganized territory, disorganized municipalities, or local government districts, or in school districts in unorganized territory, disorganized municipalities, or local government districts.

Disposition of revenues from certain Crown lands.

9(2)

Any revenue derived from any land assigned, transferred, and set over to Her Majesty in right of the province under authority granted under clause (1)(k) shall be dealt with and disposed of according to the terms and conditions set out in the order in council authorizing the assignment, transfer, and setting over.

No requirement of Mun. Board authorization.

9(3)

Where a local government district, for the purpose of borrowing money or assuming debt under authority granted under clause (1)(1) or (m) is required to obtain the authorization or approval of the Municipal Board, the Lieutenant Governor in Council may exempt the local government district from the requirement of obtaining that authorization or approval, and where that exemption is granted, any by-law passed by the local government district in exercising the authority granted under clause (1)(1) or (m) is not invalid by reason of the lack of the authorization or approval of The Municipal Board.

Appointment of officials and remuneration.

9(4)

There may be appointed, as provided in The Civil Service Act,

(a) a resident administrator for any one or more local government districts with such clerks and assistants as may be required to enable him to carry out his duties; and

(b) such employees as may be required for all local government districts in the province.

Responsibility for payment of remuneration.

9(5)

The Lieutenant Governor in Council may provide for the payment of the remuneration

(a) of a person appointed under clause (4)(a), out of the funds of the district or districts for which he is appointed; and

(b) of a person appointed under clause (4)(b), out of the funds of all the districts.

Remuneration for local committee members.

9(6)

A district may, by by-law, provide for the payment from and out of the funds of the district of remuneration and expenses to the members of a local committee for the district appointed or elected under clause (l)(b) or (c) and sections 106 to 112 of The Municipal Act apply with such modifications as the circumstances require to the members of the local committee and to the payment of the remuneration and expenses.

Authorization to district registrar.

9(7)

An order in council passed under clauses (1)(j), (k), (n) or (o) is sufficient authority for the district registrar of any land titles district in Manitoba, without fee, to issue title in the name of Her Majesty in right of the province, the minister, the school district, or the local government district, as the case may be, for any land or any interest therein, or to give effect to any assignment, transfer, or vesting, of any taxes, arrears of taxes, tax sale certificates, tax sale applications or any agreements for sale, options or mortgages; and the district registrar is not required to ascertain whether or not the terms of any order in council authorizing, empowering, or directing, the assignment, transfer, or vesting of any land or any interest therein or of any taxes, arrears of taxes, tax sale certificates, tax sale applications, agreements for sale, options, or mortgages, in the name of Her Majesty in right of the province, the minister, the school district, or the local government district, as the case may be, or any award of the minister, have been carried out or complied with.

By-laws.

9(8)

A by-law passed under Part II of The Land Rehabilitation Act is not required to be submitted to the ratepayers of the area affected.

Awards.

9(9)

Where in this section it is provided that the minister may make an award, he may make such an award which has the same force and effect in the premises as an award made under Division III of Part I of The Municipal Act.

Appointment of board of revision.

10(1)

Notwithstanding The Municipal Assessment Act, the minister may appoint one or more persons to sit as a board of revision in respect of assessments in a local government district: and every person so appointed has all the powers and shall perform all the duties and functions of a board of revision under The Municipal Assessment Act.

Quorum.

10(2)

Where more than one person is appointed under subsection (1) to sit as a board of revision, a majority of those persons is a quorum of the board.

Annual meeting of electors.

11

At least once in each year the resident administrator of each local government district shall hold a meeting of the electors of the local government district at which the most recent statements showing the revenue and expenditure, the standing of general ledger balances, and the standing of all appropriation accounts of the local government district shall be available for perusal, and the financial affairs of the local government district and other matters of public concern may be discussed.

Powers of Lieutenant Governor in Council respecting agreements.

12(1)

The Lieutenant Governor in Council may authorize, empower, and direct,

(a) the receiver of a disorganized municipality;

(b) the board of trustees of a school district wholly or partly in unorganized territory or a disorganized municipality;

(c) the official trustee of a school district wholly or partly in unorganized territory or in a disorganized municipality;

(d) the trustee for school districts in a disorganized municipality; or

(e) the resident administrator of a local government district;

to enter into an agreement or arrangement with, (f) the minister of any department of the Government of Canada;

(g) the minister of any department of the Government of Manitoba;

(h) any board or commission established by the Government of Canada or the Government of Manitoba;

(i) any municipality or disorganized municipality;

(j) any school district;

(k) any local government district; or

(l) any person or firm;

for

(m) the development or rehabilitation of any area, or the development of lands or other natural resources of the area;

(n) the exchange of lands with or without consideration;

(o) the removal of settlers from lands not suitable for settlement or required for reforestation, recreation or other development of the natural resources of the area; or

(p) the establishment of communal pastures or hay reserves.

Provide lands for communal pastures.

12(2)

Lands required for communal pastures or hay reserves may be set aside by the disorganized municipality, school district, or local government district, or may be acquired by the local government district by purchase, lease, expropriation or otherwise; and may be exempted from all or any part of the local government or school district rates and taxes or from assessment.

Regulate pastures.

12(3)

A disorganized municipality, school district, or local government district, may make regulations respecting communal pastures or hay reserves and fix and collect fees for pasturing stock thereon and may close road allowances in communal pastures.

Close roads.

12(4)

A by-law for closing a road in a communal pasture or hay reserve may be passed without compliance with subsection 209(2) of The Municipal Act but does not come into effect until approved by the minister.

Transfer taxes on exchanged lands.

12(5)

In the case of lands exchanged under clause (l)(n), the disorganized municipality, school district, or local government district, may provide that the taxes or any part thereof due with respect to the parcel of land so acquired by the disorganized municipality, school district, or local government district, shall become taxes upon the land acquired by the person, firm, or corporation, so exchanging parcels with the school district or local government district; and, if so provided, the taxes or part thereof shall become taxes on that parcel, and thereafter all the remedies for the enforcement and collection of taxes are applicable thereto as if the taxes had been originally levied against that parcel, and any pending proceedings may be taken up and continued against that parcel.

Authority for entries in records.

12(6)

A disorganized municipality, school district, or local government district by-law is the authority for, and a direction to, any or all officers of the disorganized municipality, school district, or local government district, or any inspector or auditor, to make all necessary entries in the records of the disorganized municipality, school district, or local government district, and to the district registrar of the land titles office of the district in which the lands are situated to do all acts and things necessary to give effect thereto.

Annual estimates.

13(1)

Every local government district shall, on or before April 15 in each year, make estimates of

(a) all sums required

(i) for the lawful purposes of the district for the year in which those sums are required to be levied; and

(ii) to pay all its debts falling due within the year;

(b) any sums required to be levied under this Act;

(c) any sums required, under The Public Schools Act, by

(i) school districts, school divisions, or school areas, wholly or partly within the district; or

(ii) The Public Schools Finance Board;

(d) any sums levied against the district or against any school district, school division, or school area, wholly or partly within the district, by the minister;

(e) the amount required

(i) to pay its proportion of the cost of administering this Act; and

(ii) to make up any revenue deficit or any over-expenditure of the estimates made in the last previous year;

making due allowance for

(f) taxes imposed on lands purchased by the district at tax sale and deemed to be uncollectable; and

(g) the cost of collection, and the abatement and losses that may occur in the collection, of taxes whether for district purposes, school purposes, levies by the minister, or other taxes.

Inclusion in estimates of cost of certain works.

13(2)

Where the Lieutenant Governor in Council, by order in council, so directs, a local government district shall include in the estimates made pursuant to subsection (1) such amount as is fixed in the order for the purpose of defraying, in whole or in part, the cost of such drainage and highway works as have been constructed or undertaken in the local government district by the government, and as are specified in the order.

Over-expenditures.

13(3)

The expenditures of the district for any year shall not exceed the amount provided in the estimates for that year unless the additional expenditure is authorized by the minister; and any such additional expenditure shall be levied for in the next succeeding year.

Payment of proceeds of public works levy.

13(4)

The resident administrator shall, in each year, pay to the Minister of Finance the moneys collected under the levy made in respect of the amount included in the estimate under subsection (2).

Rate by-laws.

14(1)

Every local government district shall, in each year after the assessment roll comes into force, by one or more by-laws, levy a rate or rates of so much on the dollar upon the assessed value of the property therein as the resident administrator, with the approval of the minister, deems sufficient to raise the sums required in the estimates.

Levy in part of district for certain local improvements.

14(2)

Any local government district, on petition of 2/3 of the resident owners of land whose names appear in the latest revised assessment roll for the portion of the local government district to be affected by the rates, may by by-law in any year, levy a special rate, not exceeding 15 mills on the dollar of the taxable property in any part of the local government district, to defray the cost of opening, making, building, widening, altering, and repairing highways, bridges, sidewalks, sewers, and drains, and of providing for street lighting, community buildings and for fire, police, and sanitary, protection of the inhabitants in that part; and the local government district shall expend the money collected in that part of the local government district affected by the rate for the purposes for which it was raised and levied.

Verification of petition.

14(3)

The signatures to the petition shall be verified by affidavit or statutory declaration, which shall state that each of the petitioners is a resident owner of land in the portion of the local government district affected by the rate and that his name appears in the latest revised assessment roll for the portion of the local government district to be affected by the rate, and that before he signed the petition it was read over and explained to him.

Powers of resident administrator.

14(4)

The resident administrator of a local government district has and possesses any or all of the powers of a committee of an unincorporated village district under section 580 of The Municipal Act, and has and possesses any or all of the powers of a municipality under section 354 and under Part XIII of The Municipal Act.

Distribution of taxes.

14(5)

In each year, as and when taxes are collected, the resident administrator of each local government district, in a manner approved by the minister, shall apportion the taxes collected between the several purposes or objects for which the taxes were levied and pay those portions to the persons entitled thereto as directed by the minister.

Powers of resident administrator.

15(1)

The resident administrator of a local government district, if the order in council appointing him so provides, has and possesses any or all the powers of a receiver of a disorganized municipality under, and is subject to, Division VI of Part VIII of The Municipal Act with respect to any disorganized municipality wholly or partly within the boundaries of the local government district; and has and possesses with respect to the local government district, any or all the powers of an administrator of a municipality under, and is subject to, Division VI of Part VIII of The Municipal Act; and has any or all the powers of a board of trustees or an official trustee of a school district in unorganized territory or a disorganized municipality or in a local government district under, and is subject to, The Public Schools Act.

By-laws to defray costs of fire fighting.

15(2)

The resident administrator of a local government district may pass by-laws providing for the making of payments to the Minister of Finance, or to other districts, or to municipalities, or to any person, in respect of, or to defray in whole or in part the cost of, controlling and extinguishing fires to which Part I of The Fires Prevention Act applies.

By-laws for reserve fund.

15(3)

The resident administrator of a local government district may, subject to the approval of the minister, pass by-laws for the purposes for which the council of a municipality may pass bylaws under sections 568 and 569 of The Municipal Act, subject to the same conditions, limitations, and restrictions that, under that section, apply to the council of a municipality.

Supervision.

16

Local government districts and their resident administrators, officers, and officials, whether or not the district is in financial difficulty, are subject to sections 523 to 531 of The Municipal Act.

Transferee of assets.

17

Where, under any order in council passed under this Act, any assets of a disorganized municipality, a school district, or a local government district, are conveyed to, or vested in, a school district, a local government district, Her Majesty in right of the province, or the minister, the order in council, or the award made by the minister, may provide that the school district, the local government district, Her Majesty in right of the province, or the minister, may

(a) collect all taxes, rates, and debts, conveyed to or vested in it, him, or her, and exercise all rights, and institute, carry on, and complete, all remedies and proceedings, for the collection of those taxes, rates, and debts;

(b) assign, transfer, or convey, tax sale certificates, tax sale applications, agreements for sale, options, mortgages, lands, or any interest therein; and

(c) file applications for title under tax sale certificates, and exercise all rights, and institute, carry on, and complete, all remedies and proceedings, for the collection of moneys owing under options, mortgages or agreements for sale, or foreclose or cancel any interest in land;

as fully and effectively as the disorganized municipality, the school district, or the local government district, whose assets are being so conveyed or vested.

By-law for creation of unincorporated urban district.

18(1)

If a petition, signed by a majority of electors as defined in section 5 of The Local Authorities Elections Act, of an urban locality in a local government district, praying for the erection of the locality into an unincorporated urban district, is presented to the resident administrator of the local government district in which the locality lies, the resident administrator, if the locality has a population of at least 100 and an area of not more than 240 acres or such greater area as may be approved by the minister, may pass a bylaw erecting the locality into an unincorporated urban district, to take effect from a date to be named in the by-law, and declaring the name which the unincorporated urban district is to bear and the boundaries thereof; but the by-law does not take effect unless approved by the minister.

Administrator to call meetings of electors.

18(2)

After the by-law takes effect, the resident administrator of the local government district shall call a public meeting of the electors of the unincorporated urban district to take place within the district.

Notice.

18(3)

At least 10 days' notice shall be given of the meeting by posting up notices thereof in at least three conspicuous places within the unincorporated urban district.

Selection of committee.

18(4)

The notice shall explain the object of the meeting; and the electors present at the meeting shall select among the electors, by open vote or by ballot, three persons to act as a committee for the purposes mentioned in this section but, where the Lieutenant Governor in Council, by order in council, so directs, the number of persons to be elected as the committee of an unincorporated urban district shall be five.

Term of office.

18(5)

Where the committee is composed of three persons, the members hold office for one, two, and three years respectively, the member receiving the greatest number of votes holding office for three years, the member receiving the second greatest number of votes holding office for two years, and the third member holding office for one year; and in case of a tie vote the matter shall be determined by lot at the first meeting of the committee, and the determination shall be entered on the minutes of the committee by the secretary of the committee.

Provisions respecting membership of five persons.

18(6)

Where, pursuant to an order in council, a committee is composed of five persons, the Lieutenant Governor in Council shall, in the order, provide for the term of office, or the manner of determining the term of office, of each member thereof, and for the manner in which the members shall be elected by electors.

Expiration of term.

18(7)

The term of office of each member of the committee expires when his successor has been selected under this section.

Election on first Tuesday in February in each year.

18(8)

On the first Tuesday in February in each year a meeting of the electors within the unincorporated urban district, called in the same manner as the first meeting, shall be held for the purpose of selecting a person to act on the committee in the place of the person whose term of office has expired, and who, when so elected, shall serve as a member of the committee for a period of three years.

Notice of election.

18(9)

Forthwith after every selection of a member or members of the committee, notice thereof in writing shall be filed by the secretary of the committee with the resident administrator of the local government district in which the unincorporated urban district is situated.

Vacancies.

18(10)

If a vacancy at any time occurs within the committee, the remaining members thereof may, by writing, appoint some other qualified person to fill the vacancy until the next annual meeting of electors.

Meetings.

18(11)

The committee shall hold such meetings from time to time as are necessary, and may appoint a secretary for the committee, prescribe his duties, and fix his remuneration.

Chairman.

18(12)

The committee shall, in writing, appoint one of their number to be chairman.

Powers of committee.

18(13)

The committee may

(a) recommend, to the resident administrator of the local government district within which the unincorporated urban district is situated, measures for the health, safety, and welfare, of the inhabitants of the unincorporated urban district;

(b) upon a petition of at least 2/3 of the electors of the unincorporated urban district, at any time before February 15 in any year, by a requisition in writing addressed to the resident administrator of the local government district in which the unincorporated urban district is situated, require the resident administrator of the local government district to cause to be levied, along with other taxes, upon the rateable property within the unincorporated urban district such sum, subject to subsection (14), as the committee deems necessary to defray expenditures approved by the minister in the unincorporated urban district for the current year;

(c) if a petition under clause (b) is addressed to the committee in any year, require the resident administrator to continue to levy, in each of the following years, the sum required under the petition until a petition is received under clause (b) petitioning the committee to require the resident administrator to cancel, reduce, or increase the sum requested under the original petition;

(d) expend from moneys received from the administrator such sums as the committee considers advisable to provide and maintain within the district

(i) sidewalks and culverts and make and improve drainage and repair the highways;

(ii) health and sanitary protection and garbage collections;

(iii) fire protection and equipment;

(iv) public parks or playgrounds; and

(v) protection of persons and property; and

(vi) street lighting facilities.

Limitation on levy.

18(14)

The amount that the committee requires to be levied under clause (13)(b) shall not in any year exceed the sum that a rate of 15 mills on the dollar on the rateable property in the unincorporated urban district will provide.

Payment of proceeds of levies.

18(15)

The resident administrator of the local government district shall, on or before May 1 next following the levy, pay to the committee such portion of the levy as has then been collected, and afterwards pay over to it, as and when collected, the remainder of the levy.

Annual statement.

18(16)

The committee shall, immediately after December 31 in each year, file with the resident administrator of the local government district a full and complete statement of the receipts and expenditures made by it under the authority of this section for the year ending on December 31 next preceding, accompanied by all vouchers connected therewith, and verified by the statutory declaration of two members of the committee; and the resident administrator shall produce the statement and vouchers for the inspection of the auditor of the local government district in connection with his annual audit of the local government district.

Effect of failure to file statement.

18(17)

If the committee fails to comply with subsection (16), the resident administrator shall not pay any further moneys to the committee until the statement and vouchers have been filed.

Member of committee not to contract with district

18(18)

No person, while a member of the committee, shall be directly or indirectly a party to, or interested in, any contract or dealing with, or on behalf of, the district.

Penalty.

18(19)

Any person who violates any provision of this section forfeits his seat on the committee, and is guilty of an offence and is liable, on summary conviction, to a fine of not less than $50. and not more than $300., and, in default of payment, to imprisonment for a period of not less than one month and not more than six months; and he is disqualified from holding office as a member of a committee of an unincorporated urban district, or voting at a meeting of electors, for the period of three years.

Transfer of records.

19

The member of the Executive Council charged with the administration of public schools within the province, his officers, agents, and servants, shall, at the request of the minister, deliver to the minister any or all documents of title, books of record, reports, correspondence, or records of any kind, in his possession or control or in the possession or control of his officers, servants or agents, having reference to the affairs of any school district in unorganized territory, or a disorganized municipality, administered under this Act, and, at the request of the minister, shall furnish the minister, without cost, with all or any information he may require with reference to school districts in unorganized territories or a disorganized municipality; and the member of the Executive Council charged with the administration of public schools within the province shall, without cost, as required by the minister, properly execute and deliver any or all transfers, assignments, or other conveyances, respecting any assets of any school district in unorganized territory or a disorganized municipality required to be assigned, transferred, or conveyed, by any order in council passed, or by any award made by the minister under this Act.

Delegation of powers.

20

Notwithstanding sections 13, 14, and 15, and notwithstanding sections 537 and 544 of The Municipal Act, any power, authority, duty or approval authorized or required under any of those provisions to be exercised, discharged, or given, by the minister, may be so exercised, discharged or given, on behalf of the minister, by an employee of the government employed under the minister in the administration of this Act and designated by the minister for the purposes of this section.

Regulations.

21

The Lieutenant Governor in Council may make regulations or orders applicable generally to all or any part of unorganized territory, or to all or any disorganized municipalities, or to all or any local government districts, or to all or any school districts wholly or partly therein, or applicable specially to any part of unorganized territory, or to the whole or any part of a disorganized municipality, or to the whole or any part of one or more local government districts, or to any school district wholly or partly therein,

(a) for obviating any doubt as to matters of procedure arising from the concurrent administration of this Act and any other Act of the Legislature;

(b) for providing for the concurrent administration of this Act and any other Act of the Legislature;

(c) for determining the extent to which land or property within a local government district or school district is subject to taxation under this Act, or any statute imposing taxation or giving power to a municipality or school district to impose taxation;

(d) for providing for cases and circumstances that may arise in local government districts or in unorganized territory or disorganized municipalities or in school districts wholly or partly therein for which no provisions, or no adequate provisions, are made in this Act or any other Act of the Legislature;

(e) respecting the manner of giving notice of annual meetings required to be held under section 11 and respecting the manner of conducting those meetings.

Administrator to make list of electors.

22(1)

Where, for the purpose of implementing any Act of the Legislature, the resident administrator of a local government district is empowered or directed to take a vote of the electors of the local government district, he may prepare a list of electors as follows:

(a) not later than 30 days prior to the date fixed for the taking of the vote, the resident administrator shall list the names of all persons qualified under section 5 of The Local Authorities Election Act as electors of the local government district or the part thereof affected, as the case may be, and he shall publish a notice in a newspaper having a circulation in the local government district stating that a copy of the list is available for inspection at his office, or at such other place or places in the local government district as he shall designate;

(b) the notice referred to in clause (a) shall stipulate that any person desirous of making representations concerning any alleged errors or omissions in the list will be heard by the resident administrator at a public meeting to be held at a time and place specified in the notice and being not later than 10 days prior to the date fixed for the taking of the vote; and

(c) at the time and place stipulated in the notice, the resident administrator shall hear any persons desiring to make such representations, and if he is satisfied that there are errors or omissions in the list, he shall correct the errors and rectify the omissions accordingly, following which he shall certify the list to be correct.

Administrator to certify list.

22(2)

The list so certified by the resident administrator shall be the list of electors for the purposes of the vote or votes in question.

Votes of ratepayers.

22(3)

Where, pursuant to any Act of the Legislature, the resident administrator of a local government district is empowered or directed to take a vote of the ratepayers of the local government district he shall prepare the list in accordance with the procedures set out in subsection (1) except as otherwise provided in section 204 of The Local Authorities Election Act.

Fiscal year.

23

The fiscal year for all local government districts and for all school districts wholly or partly in unorganized territory or disorganized municipalities is the year ending December 31.

Fines payable to Local Government District.

24

A local government district that maintains its own police force, or has entered into an agreement for the policing of the district by members of the Royal Canadian Mounted Police Force, shall be deemed to be a municipality for the purposes of any enactment that provides that fines levied on persons convicted of violating the Act in which the provision appears

(a) are, or on certain conditions shall or may be, payable to a municipality; or

(b) enure, or on certain conditions shall or may enure, to the benefit of a municipality.

PART II

INDUSTRIAL TOWNSITES

Definition of "industrial townsite".

25

In this Part the expression "industrial townsite" means a district incorporated as provided in section 26 for the purposes stated in this Part.

Incorporation of industrial townsites.

26(1)

The Lieutenant Governor in Council may incorporate, as a local government district under this Act, the inhabitants of a community in unorganized territory adjacent to a place where mining or other industrial operations are being carried on, for the purpose of administering the community as herein provided; and may define the boundaries of the community so incorporated.

Powers, duties, etc., of industrial townsites.

26(2)

Subject to this Part,

(a) an industrial townsite has all the powers, rights, privileges, authority, and duties, of a district, and is subject to like conditions and limitations as those to which a district is subject; and

(b) all the provisions of this Act applicable to a district apply, with such modifications as the circumstances require, to an industrial townsite.

Powers that may be conferred on resident administrator of industrial.

27(1)

The Lieutenant Governor in Council may authorize and empower the resident administrator of an industrial townsite

(a) to purchase from the government, on behalf of the industrial townsite, subdivided Crown lands in the industrial townsite;

(b) to lease or sell lands belonging to an industrial townsite either privately or by public auction or by tender, and

(i) to expend the proceeds of any such lease or sale for the purposes of the industrial townsite, as may be directed by the minister:

(ii) to require any intending lessee or purchaser to declare the purpose for which he intends to use the land; and

(iii) to provide, as a condition of a lease or sale, that the land may not be used for any purpose other than one declared as aforesaid;

(c) to reject an application to lease or buy land for any purposes other than residential purposes in areas established as residential areas under an approved town planning scheme;

(d) to enter into an agreement, on behalf of the industrial townsite, with any person or firm, providing that the person or firm, shall

(i) do work, or provide services, for or on behalf of the industrial townsite; or

(ii) make a contribution in cash to the industrial townsite;

or both, either without consideration or in consideration of total or partial relief from taxes and rates imposed by the industrial townsite;

(e) to enter into an agreement, on behalf of the industrial townsite, with any person or firm, providing that the person or firm, shall establish a fund from which loans will be made to employees of that person or firm, who are resident in the industrial townsite, on terms provided in the agreement, for the purpose of assisting the employees to erect dwelling houses in the industrial townsite for themselves and their families; and

(f) to apply to the minister under The Planning Act, for authority to prepare a town planning scheme under that Act, and, if the scheme is approved, to carry it into effect.

Powers under Planning Act.

27(2)

Where a resident administrator is authorized, as provided in clause (1)(f), he is a local authority under The Planning Act; and, if the scheme is approved, he is the responsible authority under that Act in respect of the scheme so approved.

Levying of taxes.

28

In addition to all other powers to levy taxes granted to a district under this Act, an industrial townsite may, for its lawful purposes, including such general municipal purposes as may be authorized in its letters patent or in this Act or in any other Act, by one or more by-laws levy a rate or rates of so much on the dollar upon the assessed value of the property therein, as the resident administrator, with the approval of the minister, deems sufficient to raise the sums required in the estimates.

PART III

COUNCIL ADMINISTRATION

Meaning of words.

29(1)

In this Part, unless otherwise specifically stated, words and expressions have the meaning given to the same words and expressions in The Municipal Act.

Where Part not applicable.

29(2)

This Part does not apply to the local government districts set out in the Schedule or to such other local government districts as the Lieutenant Governor in Council may by order, from time to time, remove from the operation of this Part.

Order of administration of district by council.

30

On petition of not less than half of the electors resident in a local government district, or of his own motion, the Lieutenant Governor in Council, by order in council, may direct that the affairs of the district shall be administered by an elected council as in this Part provided.

Provisions of order in council.

31

An order in council under section 30 shall

(a) divide the district into wards and describe the area and boundaries of each ward;

(b) provide for the constitution of the council, including the number of councillors and the length of their terms of office;

(c) make provision for the holding of the first election of councillors, including

(i) the preparation of an electors' roll and the appointment of the person who is to prepare it;

(ii) the revision of the roll so prepared;

(iii) the appointment of a returning officer and deputy returning officers;

(iv) the nomination of candidates;

(v) the printing of ballots;

(vi) the date of the election;

(vii) the counting of ballots and announcement of the results of the election;

(viii) the procedure generally at the election;

(d) fix the date upon which the establishment of the council shall take effect, and on and after which the first council may sit.

Alteration of district.

32(1)

Where a council for a district is established under section 30, Her Majesty, as provided in section 8 and pursuant to an order of the Lieutenant Governor in Council passed on petition as provided in section 30, or without such petition, may enlarge or reduce the district as provided in section 8.

Provisions required on alteration of district.

32(2)

Where a district is enlarged or reduced, the Lieutenant Governor in Council shall, by order in council, make such provisions as may be necessary for altering the wards and changing the membership of the council.

Provisions applicable to districts under council administration.

33(1)

Where a council for a district is established under section 30,

(a) all the provisions of The Local Authorities Election Act respecting

(i) the qualification of electors;

(ii) the preparation of the electors' roll;

(iii) the qualification of candidates for election to a municipal council;

(iv) the nomination of candidates; and

(v) the conduct of, and procedure at, elections of members of a municipal council;

except with respect to the first election of councillors, apply to the district and the election of the members of the council thereof;

(b) the council has all the powers, rights, duties, and obligations, that under Part I and Part II or under any Act of the Legislature, are granted to, vested in, or charged upon, a resident administrator; and

(c) unless another person is designated for the purpose by order in council, the resident administrator of the district is, and shall be thereafter known and described as, the secretary-treasurer of the district and with respect thereto, has the powers and shall discharge the duties vested in, or charged on, the secretary-treasurer of a municipality under The Municipal Act, in so far as they are applicable and consistent with this Act.

Status of secretary-treasurer.

33(2)

The secretary-treasurer of a district shall not be replaced or discharged without the written consent of the minister; and if, at the time he becomes secretary-treasurer by virtue of clause (l)(c), he is a member of the civil service within the meaning of The Civil Service Act and of The Civil Service Superannuation Act, he does not cease to be such solely because he ceases to be resident administrator of the district.

Procedure where insufficient nominations for council.

34

Where, at an election of members of the council of a district, there is no person nominated in one or more of the wards,

(a) if more than half of the members of the council are elected, those members elected may appoint the members to represent the wards for which no one is elected, until the next election; and

(b) if half or less than half of the members of the council are elected, the minister may appoint the members to represent the wards for which no one is elected, until the next election.

Responsibility for costs of administration.

35(1)

Notwithstanding any other provision of this Act or any provision of any other Act of the Legislature, and notwithstanding any practice or procedure established or in force before the coming into force of this section, but subject to subsection (2), where a council for a district is established under section 30, the entire cost of the administration of the district shall be charged against, and be borne by, the ratepayers of the district.

Meaning of "entire cost of administration of district".

35(2)

The expression "entire cost of the administration of the district" in subsection (1) refers only to such costs of administration as, under Part I or Part II, are chargeable to, and are borne by, the ratepayers of local government districts, and does not refer to costs in respect of

(a) the construction and maintenance of highways;

(b) the provision of relief for indigents or social services or allowances of any kind; or

(c) the provision of health and hospitalization services;

for, or for the benefit of, unorganized territory and persons residing therein that, under the express provisions of any other Act, are charged against, and paid from, the Consolidated Fund.

SCHEDULE

The Local Government District of Lynn Lake.

The Local Government District of Mystery Lake.