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The Municipal Act
This is an unofficial archived version of The Municipal Act
as enacted by SM 1988-89, c. 1 on October 19, 1988.

R.S.M. 1988, c. M225

The Municipal Act

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

Definitions.

1

In this Act,

"assessment" means the valuation as provided herein, of land or of the rental value of premises in which a business is carried on; ("évaluation")

"assessor" means,

(a) the Provincial Municipal Assessor appointed under The Municipal Assessment Act; or

(b) in the case of a municipality that appoints an assessor under that Act, the assessor appointed under that Act, or

(c) in the case of The City of Winnipeg the assessor appointed under The City of Winnipeg Act; ("évaluateur")

"bank" includes a credit union; ("banque")

"board" or "Municipal Board" means The Municipal Board established under The Municipal Board Act; ("Commission" ou "Commission municipale")

"boulevard" means that portion of a highway, on either side or in the centre thereof, that is adjacent to the travelled portion thereof and is levelled and maintained, for the purpose of improving the appearance of the highway,

(a) by the planting thereon of grass, flowers, trees, or shrubs, or all or any of those things; or

(b) by paving or otherwise surfacing it as provided in subsection 239(2); or

(c) by treating part thereof as stated in clause (a), and part thereof as stated in clause (b);

and by regularly cutting the grass thereon, if any, and trimming, pruning, or otherwise caring for the trees, shrubs, and flowers; ("terre-plein")

"business" means any trade, occupation, profession, calling, venture, or means of livelihood carried on, conducted, or practised with a view to profit or gain; ("affaires")

"business assessment" means a business assessment made under The Municipal Assessment Act; ("évaluation commerciale")

"business tax" means a tax levied under Division II of Part XV; ("taxe d'affaires")

"candidate" means a person

(a) who is nominated, under The Local Authorities Election Act, as a candidate seeking election as mayor or reeve or other member of the council of a municipality; or

(b) who, at any time within a period of one month before the date of the election at which he seeks to be so elected, has publicly declared, or has permitted others to declare on his behalf, that he intends to seek election as mentioned in clause (a); ("candidat")

"charter" means the special Act incorporating a city; ("charte")

"clerk" includes

(a) the clerk, secretary-treasurer, or acting secretary-treasurer of a municipality;

(b) the administrator of a municipality that is under administration; and

(c) the receiver of a municipality that is disorganized; ("greffier")

"corporation" includes a person and the heirs, executors, administrators, and other legal representatives of a person; ("corporation")

"Crown" includes both Her Majesty in right of Manitoba and Her Majesty in right of Canada; ("Couronne")

"Crown agency" means

(a) any board, commission, association, or other body, whether incorporated or unincorporated, all the members of which, or all the members of the board of management or board of directors of which,

(i) are appointed by an Act of the Legislature or by order of the Lieutenant Governor in Council; or

(ii) if not so appointed, in the discharge of their duties are public officers or servants of the Crown, or for the proper discharge of their duties are, directly or indirectly, responsible to the Crown; or

(b) any corporation the election of the board of directors of which is controlled by the Crown, directly or indirectly, through ownership of shares of the capital stock thereof by the Crown or by a board, commission, association or other body to which clause (a) applies; ("organisme gouvernemental")

"director" means Director of Municipal Budgets and Finance appointed under subsection 602(1); ("directeur")

"election" means an election of the council of a municipality, and, where the context so requires, includes a vote taken with respect to a by-law under Part IV of The Local Authorities Election Act; ("élection")

"election officer" means a returning officer, deputy returning officer, or poll clerk, and, in the case of an election under Part II of The Local Authorities Election Act, includes a supervisor and a sorter; ("membre du personnel électoral")

"elector" means a person entitled to vote at an election of members of a municipal council; ("électeur")

"highway" means any place or way, including any structure forming part thereof, which or any part of which the public is ordinarily entitled or permitted to use for the passage of vehicles or pedestrians, with or without fee or charge therefor, and includes all the space between the boundary lines thereof whether or not used for vehicular or pedestrian traffic; and, without restricting the generality of the foregoing, includes roads, road allowances, streets, lanes, thoroughfares, and other means of communication dedicated to the public use as highways, or opened or made as highways under this Act or any other Act, and any part of a highway as so defined, and also includes all bridges, subways, underpasses, grade separations, piers, wharves, ferries, and squares, and the road improvements thereon, dedicated to the public use; but does not include any area designed or intended, and primarily used, for the parking of vehicles and the necessary passageways thereon; ("route")

"householder" means the person who occupies as owner or tenant a dwelling or apartment house, or part of dwelling or apartment house separately occupied as a dwelling; ("occupant")

"justice" or "justice of the peace" means a justice appointed under The Provincial Court Act, and includes a magistrate; ("juge de paix")

"land" includes land, messuages, tenements, and hereditaments, corporeal or incorporeal, of every kind and description, whatever the estate or interest therein, whether legal or equitable; and also includes a unit specified in a plan to which The Condominium Act applies; ("bien-fonds")

"latest revised assessment roll" means, at any time, that assessment roll that is, at that time, the latest that, under The Municipal Assessment Act is held to be finally revised; ("dernier rôle d'évaluation révisé")

"list of electors" means a list of electors prepared under The Local Authorities Election Act; ("liste électorale")

"magistrate" means a magistrate appointed under The Provincial Court Act; ("magistrat")

"member" when referring to a member of a council, includes the head of the council; ("membre")

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

"municipality" means, subject to section 3,

(a) a corporation comprising the inhabitants of an area in the province who are incorporated and continued under the authority of this Act or of another Act of the Legislature; or

(b) the area the inhabitants of which are incorporated as stated in clause (a);

but does not include a local government district; ("municipalité" )

"officer" means a person to whom section 133 applies; ("dirigeant")

"owner" means, a person who is an owner of a freehold estate in land in a municipality; and includes a person who is the owner of such an estate jointly with another person, and a person who is registered under The Condominium Act as the owner, as defined in that Act, of a unit under that Act; ("propriétaire")

"polling subdivision" includes, where the context requires, a ward of a municipality; ("section de vote" )

"prescribed" means prescribed in Schedule A or, if not prescribed in Schedule A, as otherwise prescribed in the regulations or elsewhere in this Act; ("prescrit")

"rate" when used with reference to a rate of taxation means

(a) a percentage of the assessed value of property, or a specified number of mills for each dollar of the assessed value of property, or a percentage of the business rental value of premises; or

(b) a specified amount in dollars or cents, or both, in respect of

(i) each foot of frontage or flankage of designated subdivided lands; or

(ii) each acre or other unit of area of designated unsubdivided land; ("taux")

"real estate" has the same meaning as "land"; ("immeuble")

"real owner" means a person who is a purchaser of land and whose name has been directed by a board of revision, or the board, to be entered on the assessment roll and tax roll as the real owner of the land; ("propriétaire véritable")

"real property" has the same meaning as "land"; ("bien réel")

"registered owner" means a person

(a) who is the registered owner of land that is subject to The Real Property Act, as that expression is defined in that Act; or

(b) who is the owner of a freehold estate in land that is not subject to The Real Property Act and who is the grantee named in a valid conveyance of the land that is registered under The Registry Act; or

(c) who is registered under The Condominium Act as the owner, as defined in that Act, of a unit under that Act; ("propriétaire inscrit")

"regular election" means an election held in a municipality under section 51; ("élection générale")

"running at large" means, as applied to an animal, that it is not under the direct and continuous charge and effective control of a person competent to control it; ("errant")

"rural polling subdivision" includes any ward or other polling subdivision or part thereof not an urban one; ("section de vote rurale")

"treasurer" means the treasurer, secretarytreasurer, acting treasurer, acting secretarytreasurer, or collector of taxes, and includes the administrator of a municipality that is under administration, and the receiver of a municipality that is disorganized; ("trésorier")

"university" means the University of Manitoba and any other university established under The Universities Establishment Act; ("université")

"urban polling subdivision" means the whole, or such part, of a ward or other polling subdivision that is situated within the area comprising any incorporated city; ("section de vote urbaine")

"vehicle" means a device in, upon, or by which a person or thing is, or is capable of being, transported or drawn upon a highway, except a device designed to be moved by human power or used exclusively upon stationary rails or tracks, and includes an implement of husbandry that is not a motor vehicle within the meaning of The Highway Traffic Act. ("véhicule")

References to forms or population.

2(1)

In this Act, unless otherwise expressly stated,

(a) any reference to a form means a form prescribed; and

(b) any reference to the population of a municipality or any other area, means the population thereof as shown by the latest census taken under the Statistics Act (Canada), the returns for which are available.

Publishing.

2(2)

Where in this Act there is a reference to publishing in a municipality any notice, advertisement, or other document it means, unless the context otherwise requires, publishing it in a newspaper having a general circulation in the municipality.

Posting.

2(3)

Where in this Act there is a reference to posting up in a municipality any notice, advertisement, or other document, it means, unless the context otherwise requires, posting it up

(a) in the offices of the municipality ; and

(b) in such a number of other conspicuous places in the municipality, not less than four, as the person required to do the posting, or cause it to be done, in his absolute discretion, deems reasonable.

Meaning of "ratepayer".

2(4)

Any reference in this Act to a ratepayer, or to a person who is qualified as a ratepayer, means any person who is entitled under The Local Authorities Election Act to vote at elections for members of the council of the municipality.

APPLICATION

Application of Act.

3(1)

Subject to subsection (2), this Act applies to every municipality in the province, including every city, town, and village heretofore or hereafter incorporated, whether by Act of the Legislature or otherwise, except

(a) where any provision herein is expressly made inapplicable to any municipality by naming it; and

(b) where any provision herein is expressly or impliedly made inapplicable to a municipality by another Act of the Legislature specially relating to that municipality.

Winnipeg excepted.

3(2)

Except in any case where it is expressly made applicable, this Act does not apply to The City of Winnipeg.

PART I

ORGANIZATION OF MUNICIPAL CORPORATIONS

DIVISION I

CREATION AND ORGANIZATION

Subdivision I

GENERAL

Corporations continued.

4(1)

Every municipality created or continued under this Act or any other Act of the Legislature is a body corporate.

Date of establishment.

4(2)

Where, under this Act or any other Act of the Legislature, a new municipality is incorporated, notwithstanding any provision of any such other Act or any other provision of this Act, the incorporation takes effect on

(a) the day, which shall not be a day before the date on which the letters patent are issued, on which the letters patent incorporating the municipality provide that the incorporation takes effect; or

(b) the day on which the other Act incorporating the municipality comes into force.

Powers of municipalities generally.

4(3)

Every municipality, including The City of Winnipeg, created or continued as mentioned in subsection (1) has, subject to subsection (8), all the rights, and is subject to all the liabilities, of a corporation and, without restricting the generality of the foregoing,

(a) it may acquire in any manner, and hold and alienate, both real and personal property for the purposes for which the municipality is constituted;

(b) by its name, it and its successors 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, proceedings, and suits whatsoever;

(d) it shall have a common seal and may alter or change its seal at its pleasure;

(e) it may contract and be contracted with in its corporate name, and may become a party to any contract or agreement in the management of its business;

(f) it may enter into any contract or agreement with any person for the purpose of the development of land and the provision of municipal services;

(g) it may, subject to subsection (6), enter into an agreement with any other municipality or with any other person or with both a municipality and a person, for the doing jointly with that municipality or person of any act or thing that it has power to do within the municipality;

(h) it may enter into an agreement with

(i) the government or any agency of the government; or

(ii) a school district, school division, or school area, under which the municipality undertakes to perform any work or function, or provide any service, or to use or allow the use of any building or facility on terms and conditions set out in the agreement;

(i) it may enter into an agreement with any school district, school division, or school area for the joint construction, ownership, operation, use, and maintenance of any public work or building.

Successor to L.G.D.

4(4)

Where a municipality includes land that was previously within a Local Government District, the municipality succeeds to all rights and benefits granted to and assumes all obligations undertaken by the Local Government District under any agreement lawfully made by the Local Government District as though the municipality had authority to and did enter into the agreement on its own behalf.

Agreements made by government.

4(5)

Where, at a time when land is not within a Local Government District or municipality, the government enters into an agreement under which the land and property associated therewith are exempt from assessment and taxation for municipal purposes or the assessment of the land and property associated therewith, for municipal purposes, is fixed or otherwise defined or limited, if the land is subsequently included in a municipality, the municipality is bound by provisions of the agreement in so far as it relates to the assessment and taxation of the land and associated property as though it had authority to and did enter into the agreement on its own behalf.

Sharing of costs.

4(6)

The costs entailed as the result of an agreement made under clause (3)(f), (g), (h), or (i) may be shared by, and divided between, the parties to the agreement in such proportions as they deem just and reasonable and as is set out in the agreement.

Validation of agreements previously made.

4(7)

Every municipality shall be deemed always to have had the powers granted under subsection (3).

Limitation on capacity.

4(8)

No municipality has the capacity to enter into any contract or agreement or use its funds in a manner not authorized by its letters patent or by this Act or another Act of the Legislature.

Use of equipment for private works.

5(1)

The council of a municipality, including The City of Winnipeg, may authorize the use of municipal equipment, materials and labour to carry out private works on private property located within the boundaries of the municipality, or to carry out private works in another municipality on behalf of or at the request of another municipality, government or government agency.

Agreements respecting private works.

5(2)

Where, under subsection (1), the council of a municipality authorizes the use of municipal equipment, materials and labour to carry out private works, the council

(a) shall specify the rates or charges, or the method of fixing the rates or charges to be charged for the private work: and

(b) may, before undertaking the private works, require the person requesting the private works to enter into an agreement with the municipality respecting the private works.

Accounts may be added to taxes.

5(3)

Where municipal equipment, materials or labour are used to carry out private works on private property located within the municipality, and any account payable in respect thereof is not paid within 30 days of the presentation of the account, the municipality may charge interest at a rate established by by-law on any balance unpaid and if the account together with interest thereon is not paid within 90 days of the presentation of the account, the amount of the account and interest thereon may be added to the taxes payable in respect of that property.

Meaning of "private works".

5(4)

In this section "private works" includes the construction, alteration, repair or clearing of snow from or of sidewalks, driveways, curbs, gutters, approaches, sewers, drains or private works but does not include the construction, alteration or repair of a residence, building or garage.

Boundaries of municipalities.

6

Each municipality has the boundaries and area established for it on the coming into force of this Act or as they may be altered thereafter under this Act or any other Act of the Legislature.

Indian Reserves excluded.

7

Notwithstanding The Municipal Boundaries Act or any other Act of the Legislature or any letters patent issued under an Act of the Legislature, land within an Indian Reserve is not part of the area of any municipality or a Local Government District and persons residing within an Indian Reserve are not residents of any municipality or Local Government District and any description of the boundaries of a municipality or Local Government District or the area within a municipality or local Government District shall be conclusively deemed to provide that land within an Indian Reserve is excluded from the municipality or Local Government District.

Members continued.

8

Subject to this Act, the members of the council and the officers, by-laws, contracts, agreements, property, assets, and liabilities of each municipality when this Act comes into force shall be deemed to be the members of the council and the officers, by-laws, contracts, agreements, property, assets and liabilities of the municipality as continued under this Act.

Corporate names.

9

Notwithstanding any other Act of the Legislature, the name of any city, town, village, or rural municipality, continued or created under this Act or any other Act of the Legislature shall be "The City, Town, Village, or Rural Municipality of (naming it)".

Subdivision II

NEW CORPORATIONS

Referendum incorp of village.

10(1)

Where any locality

(a) has a population of more than 750 inhabitants;

(b) has a municipal taxable assessment of not less than $750,000. ; and

(c) contains residences of the inhabitants that, in the opinion of the minister certified by him in writing, are sufficiently close together to form a village;

upon the petition of not fewer than 100 electors of the locality, the council or councils of the municipality or municipalities in which the locality is situated shall, subject to section 11, submit to the electors of the locality, by way of a referendum, the question as to whether the inhabitants of the locality should be incorporated as a village.

Referendum incorp of town.

10(2)

Where any locality

(a) has a population of more than 1, 500 inhabitants;

(b) has a municipal taxable assessment of not less than $1,500, 000.; and

(c) contains residences of the inhabitants that, in the opinion of the minister certified by him in writing, are sufficiently close together to form a town;

upon the petition of not fewer than 100 electors of the locality, the council or councils of the municipality or municipalities in which the locality is situated shall, subject to section 11, submit to the electors of the locality, by way of a referendum, the question as to whether the inhabitants of the locality should be incorporated as a town.

Unorganized territory.

10(3)

Where a locality in unorganized territory meets

(a) the requirements set out in clauses (1)(a), (b) and (c); or

(b) the requirements set out in clauses (2)(a), (b) and (c);

the minister, on receipt of a petition of not fewer than 100 householders of the locality requesting him to do so, may, subject to section 11, cause to be submitted, by way of a referendum as provided in section 12, the question as to whether the inhabitants of the locality should be incorporated as a village or a town.

Form and contents of petition.

11(1)

A petition to which reference is made in section 10, and the signatures thereto, shall

(a) be verified by the statutory declaration of a person having knowledge of the facts;

(b) state the name, limits, and area of the locality that it is proposed should be incorporated as a village, or town; and

(c) be filed, before June in the year in which it is filed, with the clerk of each of the municipalities in which the locality is situated, or with the minister in the case of a locality in unorganized territory.

Notice of petition.

11(2)

The clerk of each of the municipalities or the minister shall give notice of the intention to submit to a referendum the question as to whether the inhabitants of the locality should be incorporated as a village or town, as the case may be; and the notice shall be as set out in Form 1, and shall be given

(a) by publishing a copy thereof in one issue of The Manitoba Gazette;

(b) by publishing a copy thereof, at least once a week for three successive weeks, in a newspaper; and

(c) by posting up copies thereof.

Time of publication and posting.

11(3)

The publication in The Manitoba Gazette, and the first of the publications in a newspaper, required under clause (2)(b) shall be made, and the posting required under clause (2)(c) shall be done, not later than six weeks after receipt of the petition mentioned in subsection (1), by the clerk or the minister.

Limitation on taking of referendum.

11(4)

A referendum submitted under section 10 shall not be taken sooner than one week, or later than six weeks after the last of the publications mentioned in clause (2)(b).

Minister to arrange for taking of referendum.

12

Where the minister receives a petition under subsection 10(3), if he decides that a referendum should be held, he shall

(a) appoint or cause to be appointed the election officers necessary for the taking of the vote;

(b) fix a date and time when, and the place where, the referendum shall be held;

(c) cause to be prepared and revised a list of all persons in the locality who, if it were a municipality, would be entitled to be electors thereof;

(d) do, or cause to be done, all such other things as are necessary to enable the vote to be taken in the manner, in so far as practicable, in which a vote would be taken on a referendum submitted in a municipality;

(e) cause to be submitted to a vote of the persons on the list to which clause (c) applies by way of a referendum, the question as to whether the inhabitants of the locality should be incorporated as a village, in a case to which clause 10(3)(a) applies, or as a town, in a case to which clause 10(3)(b) applies; and

(f) cause the returning officer to report to him the result of the vote forthwith on the completion of the taking thereof.

Forwarding of statements.

13(1)

Where a majority of the electors of a locality that is situated in one or more municipalities who actually vote on a referendum submitted under section 10 vote in favour of the incorporation of a village or town, as the case may be, the clerk of the municipality, or the clerk of each of the municipalities, if more than one, shall forthwith forward to the minister

(a) the petition to which reference is made in section 10;

(b) the statutory declaration to which reference is made in subsection 11(1);

(c) proof of the publication and posting required under subsection 11(2);

(d) a statement showing the result of the referendum;

(e) a statement showing the population and area of the locality that was the subject of the referendum; and

(f) a statement showing the municipal taxable assessment of that locality;

and the facts required to be set out in clauses (c), (d), (e), and (f) shall be verified by statutory declaration.

Where more than one municipality.

13(2)

Where a locality to which reference is made in section 10 is situated in more than one municipality, the council of each of those municipalities shall comply with subsection (1) if a majority of all the electors who actually vote on the referendum vote in favour of incorporation of the village or town notwithstanding that, in any municipality, less than a majority of the electors in that part of the locality that is situated therein vote in favour thereof.

Action by minister.

13(3)

The minister, upon receipt of the material forwarded by the clerk pursuant to subsection (1) or the report of the returning officer required under clause (1)(f) may

(a) refer the material or the report to The Municipal Board for its recommendations and may request the board to make special recommendations on matters that he deems relevant to the proposed incorporation; or

(b) present the material or report to the Lieutenant Governor in Council and make such recommendations with respect thereto as he deems advisable.

Issue of letters patent.

13(4)

The Minister of Consumer and Corporate Affairs, if so directed by order of the Lieutenant Governor in Council, shall forthwith, by letters patent, incorporate as a village or town the inhabitants of the locality described in the order of the Lieutenant Governor in Council.

Details.

13(5)

The letters patent incorporating a village or town, shall

(a) specify the name, limits, and area of the village or town;

(b) designate the first enumerator, the first revising officer, and the first returning officer;

(c) specify the date by which the preparation and revision of the first list of electors shall be completed;

(d) specify the date and time when, and the place where, nominations of candidates for mayor and councillors of the municipality shall be made;

(e) designate the person to act as clerk of the municipality until the council appoints a clerk;

(f) specify the date and time when, and the place where, elections shall be held for the members of the first council;

(g) fix the term of office of the members of the first council

(h) specify the date and place of meeting of the first council; and

(i) make such other provisions as are necessary for the establishment of the village or town under this Act.

Notice of incorporation.

13(6)

Forthwith after the issue of letters patent incorporating a village or town the Minister of Consumer and Corporate Affairs shall cause a copy thereof to be published in one issue of The Manitoba Gazette.

Application by L.G.D.

14(1)

The advisory committee of a local government district may apply to the minister for the incorporation of a local government district, or a portion of it, as a village, town or rural municipality.

Action by minister.

14(2)

Where the minister receives an application under subsection (1) he may

(a) refer the application to the Municipal Board for its recommendations and may request the board to make special recommendations on matters that he deems relevant to the proposed incorporation; or

(b) present the application and any related material to the Lieutenant Governor in Council and make such recommendations with respect thereto as he deems advisable.

Recommendation where no application made.

14(3)

Notwithstanding that he has not received under subsection (1) an application from the advisory committee of a Local Government District, the minister may recommend to the Lieutenant Governor in Council that the Local Government District or a portion of it be incorporated as a village, town or rural municipality.

Referendum.

14(4)

Before making a recommendation under this section to the Lieutenant Governor in Council, the minister may cause to be submitted to the electors of the local government district, or the part thereof affected by the recommendation, by way of referendum the question as to whether the inhabitants of the local government district, or the part thereof, should be incorporated as a village, town or rural municipality, as the case may be, and in that event, section 11 and 12 apply with such modifications as the circumstances require.

Application of secs. 12 and 14.

14(5)

Subsections 12(4) to (6) apply with such modifications as the circumstances require to the incorporation of a village, town or rural municipality under this section, and section 14 applies with such modifications as the circumstances require to the incorporation of a village or town under this section.

Population of village.

15(1)

The population of a village shall consist of not less than 750 persons.

Population of town.

15(2)

The population of a town shall consist of not less than 1500 persons.

Effect of section.

15(3)

This section does not have the effect of altering the boundaries, or of cancelling or suspending the charter of any village or town which, at the time of incorporation, consisted of a population required under subsection (1) or (2).

Saving.

16

Where by inadvertence, clerical error, omission, or other cause, an irregularity has occurred in the petition to which reference is made in section 10, if the Lieutenant Governor in Council is satisfied that no person is, or will likely be, injuriously affected by the irregularity, he may make an order, and the Minister of Consumer and Corporate Affairs may act thereon as provided in subsection 13(4).

Incorporation of cities.

17

The inhabitants of any area, whether comprising the whole or part of a rural municipality, town, or village, if they consist of not less than 10,000 persons, may be incorporated as a city by special Act of the Legislature; and no city shall be incorporated in any other manner.

Subdivision III

COUNCIL, OFFICERS, BY-LAWS, BONDS

New municipality.

18(1)

Where a municipality is newly incorporated

(a) until the council for the new municipality is organized, the council and the members thereof having authority in the area included in the new municipality immediately before the incorporation, continue to have the same powers as before;

(b) the officers and employees having authority, duties, or responsibilities in the area included in the new municipality immediately before the incorporation continue in their respective offices until they are discharged, retire, or resign, or the period for which they were employed terminates, with the same authority, duties, responsibilities, powers, and liabilities in respect of the new municipality as they had before in respect of the area so included.

By-laws remain in force.

18(2)

Where a municipality is newly incorporated, the by-laws in force in the area included in the new municipality immediately before the incorporation thereof continue in force in the new municipality until repealed or altered by the council of the new municipality.

Repeal or amendment of former by-laws.

18(3)

No by-law shall be repealed or altered as provided in subsection (1) unless it could have been lawfully repealed or altered by the council of the municipality by which it was enacted; and any such repeal or alteration is subject to such conditions, if any, as were binding on that council.

Former bonds to remain in force.

18(4)

All sureties for the performance of the duties of the officials of the various municipalities incorporated or reconstituted under this Division or Division II of this Part are bound, and all bonds therefor remain binding and effective, after those changes.

DIVISION II

ALTERATION OF STATUS, BOUNDARIES, OR AREA

Change in status or area.

19

Notwithstanding The Municipal Boundaries Act, or any other Act of the Legislature, the municipal status, area or boundaries, or any two or more of those things, of any town, village or rural municipality, or the boundaries of a city may be altered as provided in this division; but the provisions of any Act of the Legislature incorporating the city, town, village or rural municipality, or describing its area or boundaries, except as altered under this division or by or under any other Act of the Legislature continue in full force and effect.

Petitions for alterations, etc.

20(1)

A majority of the electors of a town, village or rural municipality, or the council of a city, town, village or rural municipality, may petition the minister that

(a) the village, town or rural municipality be disorganized and the area thereof annexed to an adjoining municipality; or

(b) the village be reconstituted as a town; or

(c) the town be reconstituted as a village; or

(d) territory be detached from an adjoining municipality and annexed to the next city, town, village or rural municipality; or

(e) territory be detached from the city, town, village or rural municipality an annexed to an adjoining municipality; or

(f) unorganized territory adjacent to the municipality be annexed to the municipality.

Petition from electors.

20(2)

Where electors petition the minister under subsection (1), the petition shall be accompanied by a statutory declaration of a person having knowledge of the facts verifying that the persons signing the petition are electors and constitute a majority of the electors of the town, village or rural municipality, as the case may be.

Action by minister.

20(3)

Where the minister receives a petition under subsection (1) and, if the petition is from electors, it is accompanied by a statutory declaration as required under subsection (2), he shall refer the petition to The Municipal Board for its recommendations in respect of the petition and may request the board to make special recommendations on matters that he deems relevant to the proposed alteration in status, area or boundaries.

Application to City of Winnipeg.

20(4)

In this section and in section 19 "city" includes The City of Winnipeg.

Consideration of all aspects of request.

21(1)

Where the minister receives a request under sections 13, 14 or 20, he may direct the Municipal Board to consider and report on any other matters which he, in his absolute discretion, deems to be

(a) affected directly or indirectly by the request;

(b) relevant to considering all aspects of the request; or

(c) desirable to be determined at the same time as determining whether to grant the request.

Powers of board on referral.

21(2)

Where the minister refers a request to the board under sections 13, 14 or 20 the board may make such inquiries, hold such hearings, direct such studies and seek such advice as the board, in its discretion, deems advisable for the purpose of making recommendations in respect of the request and in respect of the other matters referred under subsection (1).

Recommendation of board.

21(3)

Where a request has been referred to the board under sections 13, 14 or 20 the board shall recommend that the request be granted in whole or in part or that the request be refused or that the matter be dealt with by way of presentation of a Bill in the Legislature and shall make such further and other recommendations as it deems appropriate in the circumstances including, without limiting the generality of the foregoing, recommendations as to conditions precedent or antecedent to granting the request in whole or in part and recommendations in respect of matters referred under subsection (1).

Action by minister on recommendations.

22(1)

Upon receiving the recommendation of the board, the minister may

(a) resubmit the recommendations to the board for its further consideration and recommendations together with further evidence or information which the minister deems relevant; or

(b) submit the recommendations of the board to the Lieutenant Governor in Council; or

(c) require any condition precedent or antecedent to granting the prayer of the petition recommended by the board to be met prior to submitting the recommendations of the board to the Lieutenant Governor in Council.

Action by L. G. in C.

22(2)

Upon receiving the recommendations of the board through the minister, the Lieutenant Governor in Council may grant the prayer of the petition in whole or in part and effect shall be given to the petition

(a) in a case to which clause 20(l)(a) applies, by proclamation; and

(b) in a case to which clause 20(1)(b), (c), (d), (e) or (f) applies, by letters patent or supplementary letters patent issued by the member of the Executive Council responsible for the administration of The Corporations Act.

Village to town.

23(1)

Where a petition praying that a village be reconstituted as a town has been made, the Lieutenant Governor in Council shall not grant the prayer of the petition unless the village has the population and the municipal taxable assessment required for a town under subsection 10(2).

Town to village.

23(2)

Where a petition praying that a town be reconstituted as a village has been made, the Lieutenant Governor in Council shall not grant the prayer of the petition unless

(a) the town has the population and the municipal taxable assessment required for a village under subsection 10(1); and

(b) the town does not have the population and the municipal taxable assessment required for a town under subsection 10(2).

Action by minister on sole discretion.

24

Notwithstanding that he has not received a request under sections 13, 14 or 20, the minister may, if in his discretion he deems it advisable, refer to the board any of the matters mentioned in those sections and sections 21 and 22 apply with such modifications as the circumstances require to the referral.

By-laws of disorganized municipality.

25(1)

Where

(a) a municipality is disorganized and the area thereof is transferred to, and included in, one or more other municipalities; or

(b) an addition is made to the area of a municipality by transferring thereto part of the area of another municipality ;

the by-laws of the enlarged municipality or municipalities extend to the area added thereto, and the by-laws of the disorganized or diminished municipality in force immediately prior to the transfer of the area, or part of the area, thereof, as the case may be, continue in force in the area transferred until repealed or amended by the municipality to which that area is transferred; but no such by-law shall be repealed or amended unless it could have been repealed or amended by the council of the disorganized or diminished municipality.

Exemption by-law.

25(2)

Unless the contrary is therein specified, no Act heretofore or hereafter enacted by the Legislature annexing the whole or part of a municipality or disorganized municipality to another municipality affects any valid by-law, deed, or agreement passed, made or entered into prior to, and subsisting at the time of, the enactment of that Act, by virtue of which it is provided that the diminished municipality is to exempt from payment of taxes any land situated therein.

Force.

25(3)

Any such by-law, deed or agreement is binding upon the increased municipality to the same extent only, and in the same manner, as it was previously binding upon the diminished or disorganized municipality.

DIVISION III

MATTERS CONSEQUENT ON CHANGE OF STATUS, BOUNDARIES OR AREA

Settlement by board.

26(1)

Notwithstanding anything in this Part, where by or under this Act or any other Act of the Legislature, any territory is transferred from one municipality to another, or a municipality is disorganized and its area transferred to one or more other municipalities, or where territory not in any municipality is included in a municipality, or where a new municipality is formed from the territory or part of the territory of one or more municipalities, or a portion of a municipality is disorganized, the board shall make a settlement as to the assets and liabilities, and any such order has effect as if enacted as part of this Act, but may be amended or repealed by a subsequent order of the board.

Approval of agreements.

26(2)

Where, in a case to which subsection (1) applies, the municipalities affected agree as to the apportionment between them of the assets and liabilities, they shall submit their agreement to the board for confirmation.

Discretion of board.

26(3)

In making any order or award under this division, the board shall give consideration to, and in so far as practicable, shall be guided by, the principles set out in sections 27 and 34 but, notwithstanding those sections, it may make any order or award it deems just and reasonable and without restricting the generality of the foregoing

(a) it may give effect to any agreement made between the municipalities affected; or

(b) order or make an award to the effect that no assets of the municipalities affected be transferred as a consequence of the change in boundaries or that there be no change in the liabilities of the municipalities affected as a consequence of the change in the boundaries or make an order or award for both of those things.

Order re. tax or relief.

26(4)

It may be part of the order of the board made respecting a municipality to be disorganized that the territory of the disorganized municipality, or part thereof, be, for a time,

(a) charged with a special tax; or

(b) relieved of any tax, or part of a tax, imposed upon the rest of the municipality to which the territory of the disorganized municipality or part of it, is to be annexed.

When municipality disorganized.

27(1)

Where a municipality is disorganized and one other municipality, whether newly created or not, receives the whole of the territory of the disorganized municipality, the new or increased municipality is liable to the creditors for the whole of the debts of the disorganized municipality and is entitled to all its assets.

When municipality abolished.

27(2)

Where a municipality is disorganized and its territory is divided between two or more other municipalities, the increased municipalities are entitled to the assets, and are liable to the creditors for the debts of the disorganized municipality in the proportion settled by the board.

Where territory taken.

27(3)

Subject as herein provided, where territory is transferred from one municipality to another, but the municipality first mentioned is not abolished, the diminished municipality remains liable to the creditors for the whole of its indebtedness and is entitled to its assets.

Valuation of assets.

27(4)

A valuation of the assets and liabilities of the diminished municipality shall be made; and if the assets exceed the liabilities, the diminished municipality is liable to the increased municipality for the proportion of the excess of assets belonging to the transferred territory on the basis of assessment; but if the liabilities exceed the assets, the increased municipality is liable to the diminished municipality for the proportion of the excess of liabilities chargeable to the transferred territory on the basis of assessment.

Provisions as to lands sold for taxes.

27(5)

Where any lands, being part of the transferred territory, were sold for taxes before the transfer, and have not been conveyed or redeemed at the time of the transfer, the municipality by which or on behalf of which the lands were sold or, if the order or award of the board so provides, the municipality in which the lands are situated after the transfer, shall make the required returns to the district registrar, and shall receive the redemption money and grant redemption in respect thereof, unless the municipality has been abolished, in which case the returns shall be made and redemptions granted by the municipality receiving the territory that includes the lands.

Provisions as to arrears of taxes.

27(6)

Except as to lands sold for taxes, the arrears of taxes upon lands that are part of any such transferred territory belong to the increased municipality and, for the purpose of collecting the arrears, those taxes shall be treated as if levied by the increased municipality.

Provisions as to money advanced.

27(7)

Where money has been advanced to a municipality under any Act of the Legislature, in the event of a division of the municipality subsequent to the advance of the moneys, the board may, subject to subsection (8), divide and make a settlement of the assets and liabilities of the divided municipalities with respect to those moneys on the same principle and basis as in the case of local improvement debentures or on any other principle or basis, and on such conditions and subject to such restrictions as it deems proper.

Saving.

27(8)

Nothing in subsection (7) or anything done thereunder, impairs, alters, minimizes, or affects the securities issued by any municipality for the repayment of moneys so advanced, notwithstanding that the whole or any portion of the territory comprising any such municipality has been added to, or embraced within the limits or extent of, another municipality or other municipalities, whether newly created or not.

Transfer of municipally owned land.

27(9)

Where part of a municipality is transferred from one municipality to another, if the municipality from which the part is transferred is the owner of lands situated in the part transferred that are not in use for municipal purposes, the title to those lands shall be transferred to the municipality to which the part of the municipality is transferred, subject to such terms and conditions as are prescribed by the board.

Local improvements.

28(1)

Where a local improvement has been undertaken by a municipality, and after it has become liable for carrying out the improvement, any lands liable to be specially charged therefor become a new municipality or are annexed to another municipality, the diminished municipality may complete the local improvement and may enter upon and acquire land within the new or other municipality, and may pass all by-laws, borrow money, issue and sell debentures, fix the special and other charges to be levied by the new or other municipality under subsection (3), and do all other acts and things necessary for the purpose of the completion as if the lands so liable had not become a new municipality or been annexed to another municipality.

Indemnity.

28(2)

The diminished municipality so undertaking a local improvement shall be indemnified by the new municipality or the municipality to which the lands are annexed, against all debts and liabilities incurred by it in respect of any such work before or after the transfer of the lands to the new or other municipality, to the extent to which the lands lying within the new or other municipality are specially charged; and in adjusting the assets and liabilities consequent on the detachment of the lands, the debts incurred by the diminished municipality, for its share of the cost thereof, shall be taken into account.

Assumption of debt.

28(3)

Where the lands specially charged for any local improvement or service are wholly within the new or other municipality, it is liable for the entire debt in respect of the work or service; and the clerk of the diminished municipality shall furnish the clerk of the new or other municipality with certified copies of all the by-laws relating to the work or service, and the special and other charges to be imposed by those by-laws as provided in subsection (1) shall be collected by the new or other municipality, and that municipality shall pay the principal and interest of the debentures issued in respect of the work or service as they become due and shall indemnify the diminished municipality against them.

Collection of special rates.

28(4)

Where part only of the land specially charged lies within the new or other municipality, the clerk of the diminished municipality shall furnish the clerk of the new or other municipality with certified copies of the by-laws; and the new or other municipality, in each year in which a special tax upon that land is payable, shall collect the special tax and shall pay over the sums collected to the treasurer of the diminished municipality, when and as they are collected; and in the adjustment of the assets and liabilities consequent upon the detachment of any such lands, the debt incurred by the diminished municipality for its share of the cost of the work or service shall be taken into account.

Municipality may sue.

29(1)

Where the board has apportioned to any municipality any instrument or other evidence of indebtedness, that municipality may institute and maintain in its own name all actions and proceedings necessary for the due collection of the debt or any part thereof; and, for that purpose or any other purpose, has all the powers possessed by the municipality to which the instrument or other evidence of indebtedness was originally given under any Act or law pursuant to which the consideration for the debt was supplied.

Certificate as evidence.

29(2)

In any such action or proceeding a certificate signed by the board that the instrument or other evidence or indebtedness has been apportioned by it to the municipality suing or proceeding thereon, is admissible in evidence as conclusive proof of the apportionment.

Added territory liable.

30(1)

Where a municipality has been increased by territory taken from another municipality, the increased municipality may open an account with respect to the added portion, in which shall be entered the amount of the liability the municipality is to assume in respect of the portion by the apportionment made by the board, and the moneys realized from the assets of the portion; and it may levy in each year upon the portion a tax sufficient to pay the liability or part of the liability to be paid in that year after giving credit for the amount realized from the assets.

Surplus of assets.

30(2)

Where, after payment in full of the liability, the amount realized from the assets exceeds the amount so paid, the excess shall be placed to the credit of the portion as a payment on account of the general municipal tax.

Saving.

30(3)

Nothing herein limits the liability of the whole municipality to the board for the payment of its share of the liabilities of the portion added.

Debentures.

30(4)

Where, by the terms of any apportionment, a municipality is required to pay any money to another municipality or other municipalities or to the board, the council of the municipality may, by by-law, authorize the issuing, and accordingly issue and sell, debentures for the raising by way of loan on the credit of the municipality such money as is necessary for the purpose.

Amount of debentures.

30(5)

The amount for which the debentures are to be issued shall be determined by the board, which shall give its certificates accordingly.

Terms of debentures.

30(6)

The debentures shall be for a term not exceeding 20 years and shall bear interest at a rate determined by the board; and the by-laws authorizing the debentures are valid and binding upon the municipality passing the by-laws, without being submitted to, or receiving the assent of, the electors thereof.

Land becoming unorganized territory.

31

Where, by or under this Act or any other Act of the Legislature, any territory is detached from a municipality and put into unorganized territory, the diminished municipality or the collector of taxes in the detached territory, as may be provided by the decision, award, settlement, or apportionment made by the board, may collect all tax charges and debts owing to it and outstanding at the time the territory is detached, levied or charged on, or in respect of, lands situated within the territory so detached or on, from, or by persons residing therein, and may exercise all rights and institute, carry on, and complete all remedies and proceedings for the collection of those taxes, charges, and debts as if the territory had not been detached.

Board to get in moneys.

32

Where any municipality is disorganized, and its territory divided between two or more other municipalities or added to another municipality, and it has to its credit in any bank, or in the hands of any person, a sum of money, or any money is owing to it on an account, the board may demand and receive the money; and its receipt given therefor operates as a discharge to the bank or person paying over the money; and the money when received shall be applied by the board in a manner consistent with the principles set out in sections 27 and 34.

Recovery of sums apportioned.

33(1)

The amount settled by the board as being due from one municipality to another under this Division is a debt, and may as such be recovered with costs in any court having jurisdiction, by the municipality so found entitled thereto from the municipality found to be indebted.

Payment subject to conditions.

33(2)

In settling an amount due, as provided in this Division, the board may provide that the amount shall be paid by the municipality indebted in such instalments, payable at such times, as the board may fix, or subject to such conditions as the board may prescribe; and the municipality indebted shall pay the amount due in the instalments, and at the times, so fixed and subject to the conditions, if any, so prescribed.

Judgment payable in instalments.

33(3)

Where, as provided in subsection (1), a municipality recovers judgment against another municipality for an amount settled by the board as due, the judgment, notwithstanding any other Act or law, is payable in the instalments, and at the times, if any, so prescribed by the board.

Evidence of apportionment.

33(4)

In any suit or action the production of a copy of the apportionment or statement of apportionment, showing the amount so found or settled as due and purporting to be certified as a true copy by the board, is evidence of the debt.

Saving powers of board.

33(5)

This section does not take away any rights or powers of the board for compelling payment of the indebtedness.

Rules for guidance of board.

34

In exercising its powers and authority and discharging its duties under this Division, the board shall, in so far as practicable, be guided by the following rules:

(a) The board shall decide all questions as between the original territory of an increased municipality and newly added territory, taking into consideration the financial position of the municipality as formerly constituted and the assets and liabilities acquired or assumed in respect of the newly added territory; and it shall make an equitable settlement, if necessary, by providing, for a certain term of years, a difference in the rate of taxation between the original territory and the newly added territory.

(b) In ordering a payment by one municipality to another, or to itself, the board may make the amounts payable at times to correspond with the times of payment of the debt on account of which the payment is to be made.

(c) In making settlements the board shall take into consideration any disposition made of arrears of taxes pursuant to subsections 27(5) and (6).

(d) The board may employ any assistance that it requires in connection with any settlement, award, or decision under this section, and may charge the cost thereof to the municipalities interested, in such proportion as it decides.

(e) Where a new municipality is formed out of territory from one or more municipalities, and in any case for which provision is not expressly made in the section, the board shall settle the matters for which provision is made in this section on the principles provided in this section or as nearly so as circumstances permit.

(f) The board may, in its discretion at any time, upon the application of a municipality or person interested, re-hear and re-open any such decision, award, settlement, or apportionment, whether made before or after the coming into force of this Act, and amend, alter, vary or supplement it upon such ground, and in such respects, as to it seems expedient, and may order and direct any of the municipalities interested or affected with respect to the levying, raising, collecting, using, or expending of any money required or collected under or by reason of the original or amended settlement, award or apportionment.

Application of division.

35

Except where expressly otherwise provided in another Act of the Legislature, the powers given under this division may be exercised in respect of, and applied to, all municipalities, local government districts and northern Manitoba as that expression is defined in The Northern Affairs Act.

Appeal.

36(1)

Any order or award made by the board under this Division is final and binding and not subject to appeal except for matters respecting which an appeal may be taken under section 58 of The Municipal Board Act; and in respect of those matters that section applies.

Saving.

36(2)

Notwithstanding subsection (1), in any appeal the decision of the board as to the principles upon which its order or award should be made is not subject to review, reversal, or amendment by The Court of Appeal.

When change effective.

37

Where, by or under this Act,

(a) territory is changed from one municipality to another; or

(b) any municipality or any part thereof is disorganized; or

(c) territory not in any municipality is given to a municipality; or

(d) a new municipality is incorporated; or

(e) a village is reconstituted as a town under section 20; or

(f) a town is reconstituted as a village under section 20;

the change takes effect at the end of the fiscal year of the municipality next following the issue of the letters patent or supplementary letters patent under section 22 whereby the change is made, or on such other day as the Lieutenant Governor in Council specifically otherwise provides; and the other day last mentioned may be a day that is past, so that the change takes effect retroactively thereto.

Officers to assist

38

The officers of each municipality affected shall, without charge, do all things necessary for the purpose of carrying out any settlement made under this Division; and, on the application of any municipality interested, the minister may order any such officer to do any such thing; and, if he refuses to carry out the order, the minister may dismiss him and appoint another person in his place.

DIVISION IV

WARDS IN MUNICIPALITIES

Prohibition.

39

No town or village shall be divided into wards.

By-law in a city or r.m.

40

Subject to this Division, the council of a city or a rural municipality may by by-law provide for

(a) a division thereof into wards; or

(b) increasing or decreasing the number of wards thereof; or

(c) altering the boundaries or area, or both, of any one or more of the existing wards thereof; or

(d) abolishing any division thereof into wards.

Population of wards.

41(1)

Subject as herein provided, each ward of a city or a rural municipality divided into wards shall, in so far as is practicable, have approximately the same number of inhabitants.

Population quotient.

41(2)

The council shall establish a quotient for each ward in the municipality by dividing the total population of the municipality as determined in the manner set out in The Unconditional Grants Act by the number of wards.

Action to preserve equality.

41(3)

Where, after the issue of each final report of Statistics Canada determining the census of the municipality, in the case of a city or a rural municipality divided into wards, the number of inhabitants in any one or more of the several wards thereof varies from the quotient obtained under subsection (2) to an extent greater than is permitted under subsection (4), the council may, subject to subsection (5), prior to the next year to which section 51 makes reference, take such action as may be required to give effect to subsection (1) or abolish any division thereof into wards.

Variation in population basis.

41(4)

In determining the area to be included in, and in fixing the boundaries of, any ward, the council shall consider

(a) special geographic conditions, including the sparsity, density, and relative rate of growth or loss, of population of a part of the municipality; and

(b) any special diversity or community of interests of the inhabitants of a part of the municipality;

and may allow a variation in the population requirement of any ward where, in its opinion, these considerations, or any of them, render a variation desirable; but in no case shall the population of any ward in the municipality as a result thereof vary from the quotient obtained under subsection (2) to a greater extent than 25% more or 25% less.

Where action required.

41(5)

Upon receiving a petition signed by the lesser of

(a) 100 resident electors of any ward of the municipality; or

(b) by 20% of the resident electors appearing on the last revised list of electors for that ward requesting it, the council shall with respect to that ward take the action mentioned in subsection (3).

Proceedings where no by-law passed.

41(6)

If after three months from the date of the meeting of council at which the petition referred to in subsection (5) is received the council has not taken the action requested therein, the petitioners may within 30 days after that date apply to the board for an order giving effect to the petition and the board shall proceed on the application in the same manner as though the existing division of the municipality into wards was a proposed by-law referred to in subsection 42(7), and as though an application had been made to the board under subsection 42(7) to prohibit the passing thereof.

Procedure before passing by-law.

42(1)

Where the council of a city or a rural municipality proposes to pass a by-law under section 40, it shall proceed as in this Division provided, and shall not finally pass the by-law unless it has done so.

Notice of intent to pass by-law.

42(2)

In a case to which subsection (1) applies, the council shall cause to be published once each week, in two successive weeks, with not more than seven days between each publication, a notice in accordance with subsection (3) of its intention to consider, and, if deemed advisable, to pass a by-law for any one or more of the purposes mentioned in section 40.

Contents of notice.

42(3)

The notice shall

(a) describe the purpose of the proposed by-law;

(b) state that the council will sit on a day, and at a place and time, stated in the notice, to hear any person desiring to make a representation to the council with respect to the proposed by-law;

and the day so fixed shall be not earlier than 15 days after the first publication of the notice.

Hearing.

42(4)

On the day, and at the place and time, stated in the notice, the council shall sit and hear any person desiring to make a representation with respect to the proposed by-law, on his own behalf or as counsel or agent for any other person.

Action after hearing.

42(5)

After having complied with subsection (4), the council may

(a) decide not to proceed with the proposed bylaw; or

(b) give first reading thereto.

Publication of notice.

42(6)

Forthwith after the proposed by-law receives first reading, the clerk of the municipality shall cause to be published once each week in two successive weeks with not more than seven days between each publication a notice signed by the clerk stating

(a) that the council has given first reading to the proposed by-law;

(b) that any person objecting to the by-law may apply to the board to prohibit the passing of the by-law;

(c) that notice of any application to the board under clause (b) shall be served on the clerk of the municipality within thirty days of the date of the last publication; and

(d) that if no notice of an application to the board under clause (b) is served on the clerk of the municipality within the period mentioned in clause (c), the council shall proceed to give second and third reading to the by-law;

and the clerk shall send, by registered mail, a copy of the notice to each person who made a representation to the council as provided in subsection (4).

Application to board to prohibit by-law.

42(7)

Any person who objects to the proposed by-law may, within 30 days of the last publication under subsection (6), apply to the board to prohibit the passing of the by-law and serve notice thereof on or send notice thereof by registered mail to the clerk of the municipality.

Hearing by board.

42(8)

Upon receiving an application to prohibit a proposed by-law under this section, the board shall appoint a date, time and place for hearing the objections to the proposed by-law or any part thereof and may, after the hearing, prohibit the passing of the by-law, order the by-law to be amended before passing, or authorize the council to pass the proposed by-law without amendment.

Filing by-law with minister.

42(9)

Where a municipality passes a by-law under section 40, it shall file a copy of the by-law with the minister.

Continuation where wards abolished.

43

Where, as provided herein, the division of a city or a rural municipality into wards is abolished, each member of the council of the municipality who was elected to represent a ward continues as a member representing the municipality at large until the end of the term for which he was elected, unless he sooner resigns or becomes disqualified.

Effect of alteration on rights of councillors.

44(1)

Where a by-law is passed under clause 40(c), the alteration of boundaries or area of a ward does not affect the membership of, or right to sit and vote in, the council of the municipality of a person who was elected to represent that ward before the alteration but the by-law shall indicate the ward which each member of council shall represent following the alteration.

Change in number of councillors.

44(2)

Where a by-law is passed under section 40, the by-law shall make such provisions as are necessary

(a) for an increase in the number of councillors, where that is required, in order that each new ward may be represented; or

(b) for a decrease in the number of councillors by the retirement, at such time as is fixed, of the councillor or councillors representing a specified ward or wards, where that is required to give effect to a decrease in the number of wards;

and for the holding of such elections as may be required to elect members from all new wards or one or more specified wards, as may be required.

End of Part I

PART II

PROVISIONS RESPECTING ELECTIONS

DIVISION I

CANDIDATES

Subdivision I

QUALIFICATIONS FOR ELECTION TO COUNCILS

Residence of candidates in rural municipality.

45(1)

In the case of a rural municipality,

(a) a candidate for election as

(i) reeve; or

(ii) councillor, if the municipality is not divided into wards;

shall be deemed to be resident in the municipality if he resides in a city, town, or village

(iii) that is wholly situated within the boundaries of the municipality; or

(iv) the boundaries of which, in whole or in part, are contiguous to the boundaries of the municipality; and

(b) a candidate for election as councillor, if the municipality is divided into wards, shall be deemed to be a resident of the ward for election as a representative of which he is a candidate if he resides in a city, town, or village

(i) that is wholly situated within the boundaries of the ward; or

(ii) the boundaries of which, in whole or in part, are contiguous to the boundaries of the ward.

Residents of summer resort areas.

45(2)

In the cases of

(a) The Town of Winnipeg Beach;

(b) The Village of Dunnottar;

(c) The Rural Municipality of Victoria Beach; and

(d) any other municipality, or part of a municipality

(i) that consists principally of lands that are occupied and used primarily as a summer resort or for vacation purposes; and

(ii) that is designated, by order of the Lieutenant Governor in Council, as a resort area;

a person who resides therein for at least two months in any year shall, for the purposes of this Division, be deemed to be an actual resident

(e) of the municipality; and

(f) in a case to which sub-clause 46(d)(ii) applies, of the ward in which the land on which he so resides is situated;

during that year.

Qualification of candidates.

46

Subject as herein provided, no person is eligible for election as mayor or reeve, or as councillor, of a municipality unless at the time of his being nominated

(a) he is a Canadian citizen;

(b) he is of the full age of 18 years;

(c) he is an elector of the municipality;

(d) he is a resident

(i) of the municipality; or

(ii) in the case of an election of a councillor of a municipality divided into wards, of the ward as a representative of which he seeks to be elected;

(e) except in the case of a municipality to which subsection 45(2) applies, he has been a resident of the municipality for a period of not less than six months; and

(f) he is not subject to any disqualification under this Act.

Subdivision II

DISQUALIFICATION AND FORFEITURE OF SEAT

Persons disqualified.

47

The following persons are not to sit or act as, or remain a member of, the council of a municipality:

(a) A judge of the Court of Queen's Bench or The Court of Appeal.

(b) A magistrate or justice of the peace.

(c) A constable of any municipality.

(d) An assessor, collector, treasurer, clerk, or other paid official or employee of the municipality.

(e) A surety for an officer or an employee of the municipality.

(f) A member of the council of another municipality.

(g) A member of the Senate or House of Commons of the Parliament of Canada.

(h) A person who has been nominated as a member of the council of another municipality.

(i) Any person who, having been convicted of an offence under any provision of this Act, or any other Act, has not paid any fine imposed upon him for commission of the offence.

(j) A person who, subsequent to his election as mayor or reeve, or councillor, as the case may be, ceases to be, or to be deemed to be, under this Division

(i) a resident of the municipality; or

(ii) in the case of an councillor in a municipality divided into wards, a resident of the ward that he was elected to represent.

Election to two offices invalid.

48

No person is eligible for nomination for, election as, or to be, both mayor and councillor, or both reeve and councillor, and no person is eligible for election as councillor in more than one ward.

Restriction of eligibility.

49

No member of council is eligible to be nominated for, or to be elected as, mayor or reeve, at a by-election, being an election other than a regular election, unless he has, at least two weeks before nomination day, resigned his seat on the council, to take effect on the day previous to election day, by delivery to the clerk of his resignation in writing signed by him.

Forfeiture on conviction or judgment.

50(1)

Any member of council

(a) who is convicted of an offence under section 122, or under section 112 of the Criminal Code (Canada); or

(b) who is convicted of an indictable offence, upon conviction of which a person is liable to imprisonment for five or more years; or

(c) against whom a judgment is obtained in a civil action under section 122; or

(d) against whom any conviction mentioned in clause (a) or (b) or judgment mentioned in clause (c) is upheld or confirmed by a judgment on an appeal;

shall not attend in the capacity of a member of the council, or sit or vote at, any meeting of the council or meeting of a committee of the council or perform any duty or function or exercise any right or privilege of a member of the council until the conviction or judgment is quashed, reversed or set aside on appeal or by prerogative writ; and

(e) where there is no appeal permitted from the conviction or judgment he forfeits his seat on the council as of the day of the conviction or on which the judgment is delivered; and

(f) where no appeal against the conviction or judgment is commenced within 30 days after the day of the conviction or on which the judgment was delivered, he forfeits his seat on the council as of the 31st day after the day of the conviction or on which the judgment was delivered.

No stay of forfeiture.

50(2)

No court shall give any order that would have the effect of staying or delaying the application or effect of subsection (1).

DIVISION II

ELECTIONS

Subdivision I

NOMINATIONS AND TERM OF OFFICE

Triennial elections.

51

Each municipality shall hold an election for members of council in the year 1989 and in each third year thereafter.

Terms of office.

52(1)

Subject as herein otherwise provided, all persons elected as mayor or reeve, or as councillors shall be elected for terms of three years.

Date of termination of term.

52(2)

Subject as herein otherwise provided, the term of office of each member of a council elected under this section expires 14 days after the fourth Wednesday of October in the year in which the term of office ends.

Date of beginning of term.

52(3)

Subject as herein otherwise provided, the term of office of each member of a council elected under this section commences 14 days after the fourth Wednesday of October in the year in which he is elected.

Application of section.

52(4)

Notwithstanding any other special or general Act of the Legislature, but subject to section 64, this section applies to every municipality, including The City of Winnipeg.

Method of filing nominations.

53(1)

In all cases, nominations shall be filed with the returning officer

(a) on the first Wednesday in October of the year in which they are required to be filed;

(b) within the period stated in section 55; and

(c) at the place at which the last previous meeting of the council was held or at such other place as the council, by by-law, appoints.

Requirements for nomination paper.

53(2)

Every nomination paper shall include, or be accompanied by, or have annexed thereto, a duly completed statutory declaration by the candidate as provided in subsection 55(3).

Notice of nominations.

54

The returning officer shall, as provided in The Local Authorities Election Act, give notice that he will receive nominations; and the notice, shall include, in addition to the other matters required, under that Act, to be included therein, the names of the offices or positions for election to which he will receive nominations of candidates.

Period for receiving nominations.

55(1)

The returning officer shall receive nominations between the hours of ten o'clock in the forenoon and two o'clock in the afternoon of the day on which nominations are required to be filed.

By whom nominations may be made.

55(2)

Each nomination shall be made as required under The Local Authorities Election Act.

Form of declaration.

55(3)

The statutory declaration required under subsection 53(2) shall be signed by the candidate and declared before a person authorized under The Evidence Act to administer oaths, and shall be in the form prescribed in The Local Authorities Election Act.

Rejection of nomination paper.

55(4)

The returning officer shall reject a nomination paper that is not in compliance with section 53 and this section.

Where no wards.

56(1)

Where a municipality is not divided into wards,

(a) nominations of candidates for election as councillor, shall be made by; and

(b) the candidates for election to any such office shall be elected by;

the electors of the municipality at large.

Where wards.

56(2)

Where a municipality is divided into wards,

(a) nominations of candidates for election as councillor to represent a ward shall be made by; and

(b) the candidates for election to any such office shall be elected by;

the electors of that ward.

Mayor or reeve.

56(3)

Whether or not a municipality is divided into wards

(a) nominations of candidates for election as mayor or reeve shall be made by; and

(b) the candidates for election to that office shall be elected by;

the electors of the municipality at large.

Division of wards into polls.

57

The council of any municipality may, by by-law, in any year prior to March 1, divide the municipality or any ward territorially into two or more polling subdivisions, and a list of electors for each such polling subdivision shall be prepared in accordance with The Local Authorities Election Act.

Subdivision II

BY-LAW FOR PROPORTIONAL REPRESENTATION

By-law for proportional representation.

58(1)

Subject to section 59, the council of a municipality

(a) of its own motion may; or

(b) upon the petition of at least 25% of the electors of the municipality, whose signatures thereto are verified by statutory declaration, shall;

pass a by-law providing for the election of the members of the council on the principles of proportional representation.

Date of presentation.

58(2)

The petition may be presented to the council in any year, not more than 90 days, nor fewer than 60 days, before the regular election in the municipality in that year.

Existing provisions continued.

58(3)

Where, on the date on which this section comes into force, the members of the council of any municipality are required to be elected on the principles of proportional representation, the council shall be deemed to have passed a by-law under this section; and the approval and assent required under subsection 59(1) shall be deemed to have been given thereto.

Repeal of existing provisions.

58(4)

In a case to which subsection (3) applies, the council may proceed under subsection 59(2), with respect to the existing provisions as to proportional representation; and that subsection applies to the case, with such modifications as the circumstances require.

Requirements for validity of by-law.

59(1)

No by-law to which section 58 applies shall be finally passed unless

(a) it has been approved by the minister; and

(b) it has been submitted to the electors of the municipality, and has received the assent of the majority of the electors actually voting thereon;

and the submission shall be made in the same manner as one to ascertain the assent of the electors under The Local Authorities Election Act; and voting on the by-law shall take place at the same time as the next regular election.

Repealing by-law.

59(2)

The council of a municipality

(a) of its own motion may; or

(b) if so required by petition of at least 25% of the electors of the municipality, whose signatures thereto are verified by statutory declaration, shall;

pass a by-law to repeal any by-law to which section 58 applies; but no such repealing by-law shall be finally passed unless it has received like approval and assent as is required in the case of a by-law to which subsection (1) applies.

Election at large.

60

A by-law to which section 58 applies shall provide that the members of the council be elected at large, and where the municipality is one divided into wards, that the wards be abolished; and, after the passing of the by-law, the wards shall be abolished by proclamation and the election of a member to the council of the municipality shall be by the electors of the municipality at large.

Subdivision III

GENERAL

Date of elections.

61

The electors of each municipality, including The City of Winnipeg, on the fourth Wednesday of October in each year in which an election of

(a) the mayor or reeve and the councillors; or

(b) the councillors;

is required to be held, shall, as provided herein and in The Local Authorities Election Act, elect the members of the council who have not been declared duly elected under section 47 of The Local Authorities Election Act; and all persons so elected shall hold office as members of the council until their successors are elected or appointed and sworn into office and the new council is organized.

Local Authorities Election Act.

62

Except where otherwise specifically provided herein,

(a) Division II of Part I of The Local Authorities Election Act applies to the nomination of candidates for election as mayor or reeve or councillor of a municipality; and

(b) Division III of Part I of The Local Authorities Election Act applies in respect of elections held under this Act unless a by-law has been passed under section 58 and is in force, in which case Part II of that Act applies.

Annual declarations of the qualification.

63(1)

No person elected or appointed as a member of the council of a municipality shall sit on the council or act as a member of the council unless, since the fourth Wednesday of October next previous, he has made and subscribed

(a) a declaration of qualification in Form 2; and

(b) a declaration of office in Form 3.

Deposit of declaration.

63(2)

A person who makes a declaration required under subsection (1) shall deposit it duly completed with the clerk of the municipality.

Offence.

63(3)

Every person who contravenes subsection (1) is guilty of an offence.

Special procedures - resorts.

64(1)

Notwithstanding any other provision of this Act or any other Act of the Legislature, in elections for members of council in the Village of Dunnottar, the Rural Municipality of Victoria Beach and the Town of Winnipeg Beach, other than by-elections to fill vacancies on council;

(a) the enumeration of the voters and the revision and delivery of the lists of electors for the election shall be completed in May instead of in June and the provisions of The Local Authorities Election Act with respect thereto apply with the substitution of the word "May" for the word "June" in every provision thereof relating to the enumeration of voters and the making, revising and delivery of lists of electors;

(b) nominations shall be filed on the second Wednesday in July in the year in which the election is to be held;

(c) the electors shall, on the third Friday following the second Wednesday in July, in the year in which the election is to be held, elect the members of council who have not been declared elected under section 47 of The Local Authorities Election Act;

(d) the term of office of each member of council expires 14 days after the third Friday after the second Wednesday in July in the year in which the term of office ends; and

(e) the term of office of each member of council elected in the election commences 14 days after the third Friday after the second Wednesday in July in the year in which the election was held.

Polls outside municipalities.

64(2)

Notwithstanding any provision of this or any other Act of the Legislature, the councils of the Village of Dunnottar, the Rural Municipality of Victoria Beach and the Town of Winnipeg Beach may, either severally or jointly, make provision for the holding of polls in other municipalities in Manitoba, including The City of Winnipeg, for the marking and casting of ballots in elections for members of council.

Application of sec. 63.

64(3)

In applying section 63 to the members of council of the Village of Dunnottar, the Rural Municipality of Victoria Beach and the Town of Winnipeg Beach, the word "October" in subsection 63(1) shall be read as "July".

DIVISION III

VACANCIES IN THE COUNCIL Subdivision I VACANCIES

Vacating of seats.

65

Where, after being elected, a member of a council of a municipality

(a) fails, except where prohibited from attending under section 50, to attend three consecutive regular meetings of the council without being authorized so to do by a resolution of the council entered in its minutes; or

(b) becomes, under section 46 or 47, disqualified for election as, or to be or remain, a member of the council;

the member thereby forfeits the seat on the council.

Resolution on forfeiture for non-attendance.

66(1)

Where a member forfeits his seat under clause 65(a), the council of the municipality may, by resolution, request the minister to declare that the member has forfeited his seat and that the seat is vacant.

Declaration by minister.

66(2)

Upon receiving a request from the council of a municipality to declare that a member has forfeited his seat under clause 65(a) and that the seat is vacant, the minister may, without any notice to the member and without holding any hearing, make the declaration and thereupon he shall notify the municipality of his declaration and shall send a copy of the notice by registered mail to the member addressed to his address as shown in the records of the municipality.

Finality of declaration.

66(3)

Any member of the council of the municipality, or the member who has been declared to have forfeited his seat, may appeal a declaration made under subsection (2) to the Court of Queen's Bench within 30 days of the date the declaration was made, and, if the declaration is not appealed within that time, it is final and binding on all persons.

Right to take election petition.

66(4)

Nothing in this section prevents a person from proceeding to unseat a member who has forfeited his seat under clause 65(a) by an election petition.

Where court to declare seat vacant.

67(1)

Where in any proceeding a court finds that a member of a council has forfeited his seat or is disqualified from holding his seat,

(a) where there is no appeal permitted from the finding, the seat is thereupon vacant; and

(b) where no appeal against the finding is commenced within 30 days after the finding was handed down, the seat is vacant as of the 31st day after the day on which the finding was handed down.

Declaration of vacancy on conviction.

67(2)

Where a member of council forfeits his seat under section 50, the seat is ipso facto vacant.

Disclaimer by member.

67(3)

Where a member of council does any act or thing for which he forfeits his seat, or for which he becomes disqualified from holding his seat, he may disclaim his seat by filing with the clerk of the municipality a disclaimer in writing; and thereupon the seat is vacant.

Election petition to unseat member.

67(4)

Where a member of council does any act or thing for which he forfeits his seat or is disqualified from holding his seat, and subsections (1) and (2) do not apply and he does not disclaim his seat under subsection (3), proceedings to unseat him may be taken by an election petition presented to a judge at any time during the term for which he is elected after the date of the alleged forfeiture or disqualification.

Where no quorum.

68(1)

Where the membership of a council is reduced by reason of a member not attending meetings because of the requirements of subsection 50(1) or by vacancies, caused by any reason, to less than the quorum required under any other provision of this or any other Act of the Legislature to conduct the business of the council, the minister

(a) if he is satisfied that elections will be held to fill the vacancies within four months of the time the membership was first reduced below the quorum, may by written order reduce the quorum of the council below the quorum otherwise required, but not below three members, until the vacancies are filled; or

(b) may by his order appoint a temporary administrator for the municipality to act and suspend the powers, duties, rights and authorities of the council and the remaining members of council until the vacancies are filled.

Act on reduced quorum.

68(2)

Where the minister reduces the quorum under clause (l)(a), the council may conduct business at any meeting at which there are present the number of members required to meet the reduced quorum ordered by the minister as though there were present a quorum as required by any other provision of this Act of any other Act of the Legislature.

Powers of temporary administrator.

68(3)

A temporary administrator appointed for a municipality under clause (l)(b) has all the powers, duties, rights and authority of an administrator appointed under section 539 and Subdivision II of Division VI of Part VIII, except sections 539 and 553, applies with such modifications as the circumstances require to the municipality and the temporary administrator.

Council not qualified to act.

68(4)

While an order made under clause (l)(b) is in force respecting a municipality, the council is not qualified to act for, or on behalf of, the municipality, or to exercise any of the functions, powers or authority vested in councils under this or any other Act of the Legislature, and all officers and employees of the municipality are subject to the control of the temporary administrator.

Revocation of order.

68(5)

Where the minister revokes an order made under subsection (1), the council of the municipality in respect of which the order was made shall resume the performance of its duties and the exercise of its powers, rights and authority in accordance with the other provisions of this Act.

Any member may resign.

69(1)

Any member of a council may resign his seat as such a member.

Form of resignation.

69(2)

A resignation by a member of a council under subsection (1) shall be in writing, dated, and signed by the member; and shall be delivered to the clerk.

When resignation effective.

69(3)

Except as provided in section 49, a resignation under subsection (1) takes effect from the time of its receipt by the clerk of the municipality.

Subdivision II

ELECTIONS TO FILL VACANCIES

Provision for new election.

70(1)

Subject to subsection (2), where

(a) no return is made for one or more wards or polling subdivisions in consequence of nonelection owing to interruption from any cause; or

(b) a person elected to a council neglects or refuses to accept office or to make the necessary declarations of office within the time required;

or

(c) a vacancy occurs in the council caused by resignation of the mayor or reeve or other members of council, by death, by judicial decision or otherwise; or

(d) a vacancy is about to occur due to the receipt by the clerk of a resignation under section 49;

the head of the council for the time being, or, in the case of his absence or of his office being vacant, the clerk, or, in the case of the like absence or vacancy in the office of the clerk, one of the members of the council shall, forthwith, by warrant, under the signature of the head, clerk, or member, require the returning officer to hold a new election to fill the vacancy.

Vacancy in final year of term.

70(2)

Subject to section 73, where the vacancy occurs in the year in which the term of office expires, the council may resolve not to fill the vacancy.

Warrant for new election.

70(3)

Where the non-election, neglect or refusal or other vacancy occurs previous to the organization of the council for the year, the warrant for the new election shall be issued by the head of the council or a member thereof for the previous year, or by the clerk, in the manner provided in subsection (1).

Organization despite irregularity.

70(4)

The non-election, neglect, or refusal or other vacancy does not prevent the immediate organization of the new council, if a majority of the full number of the council are present.

Time for holding new election.

71

The new election shall be held not later than six weeks after the issue of the warrant, and the returning officer shall appoint a day and place for the nomination of candidates; and a day on which the election shall be held; and the election shall, in respect to notices and other matters, be conducted in the same manner as the regular elections of the municipality.

Appointment of members of council.

72

Where at a regular or other election of a municipality, or at a regular or other nomination, not being a case of an interrupted election, the electors neglect or decline to elect or nominate a mayor or reeve or other members of the council on the day appointed or to elect or nominate the requisite numbers of members,

(a) the members of the new council if they constitute a majority of the council; or

(b) if the members of the new council do not constitute a majority of the council, the members of the council for the last preceding year or a majority of them;

shall appoint a mayor or reeve, where necessary, and as many qualified persons as will constitute or complete the number of members requisite for council.

Appointment of mayor or reeve.

73

Where the office of mayor or reeve of a municipality becomes vacant after the first day of the year in which the term of office expires, and an election to fill the vacancy has not been ordered by a court, the council may either direct that an election be held or may appoint one of their number to fill the vacancy; and the person so elected or appointed shall hold office during the balance of that term but he has the right to vote at meetings of the council.

Subdivision III

FILLING VACANCY UNDER PROPORTIONAL REPRESENTATION

No separate ballot

74(1)

Where an election is held to fill a vacancy on the council at the next regular election following the creation of the vacancy, in those municipalities electing members of council under the principles of proportional representation, no separate ballot is necessary.

Candidate elected to fill vacancy.

74(2)

The candidate next in order of preference after the election of the other members of council declared to have been elected to fill the vacancies caused by the expiration of the term of outgoing councillors, shall be declared to be elected to fill the vacancy and shall take office with the incoming council.

Subdivision IV

ELECTION WHERE WHOLE COUNCIL RESIGNS

Resignation of entire council.

75

Where the whole council of a municipality resigns and there is otherwise no proper person authorized to direct a new election, upon receiving a petition signed by at least 25% of the electors whose names appear on the latest revised list of electors of the municipality, the Lieutenant Governor in Council may, by his order, require the returning officer to take forthwith all such proceedings as are required to elect a mayor or reeve and councillors, as in the case of a regular election in a new municipality.

Verification of signatures.

76(1)

A petition under section 75 shall be verified by the statutory declaration of a person having knowledge of the facts; and the declaration shall include a statement that each of the petitioners is an elector of the municipality whose name appears on the latest revised list of the electors thereof, and that the signatures appearing on the petition are the signatures of those electors.

L. G. in C. may require evidence.

76(2)

The Lieutenant Governor in Council may require such further evidence by statutory declaration or otherwise as is deemed necessary to establish the sufficiency of the petition, and that the petitioners constitute the required proportion of the electors.

Returning officers' powers and duties.

77

The returning officer has all the powers, and is subject to all the duties, conferred upon and prescribed for returning officers under this Act and The Local Authorities Election Act.

When to hold elections.

78

The returning officer shall forthwith after receipt of an order under section 75 take all the necessary steps required under this Act and The Local Authorities Election Act, and appoint the necessary times and places, for holding an election of mayor or reeve, and of councillors, for the municipality.

Councils to have full powers.

79

The council so elected in a municipality to which section 75 applies takes office immediately and has all the powers of a council duly elected, and shall hold office as if elected in the ordinary way.

Term of office.

80

Where an election is held to fill a vacancy as provided in this Division, or an appointment is made under section 72, the person or persons so elected or appointed takes or take office immediately and shall hold office for the balance of the term

(a) of the person or persons in respect of whom the vacancy arose; or

(b) for which a person or persons should have been, but was not, elected.

PART III

MUNICIPAL COUNCILS

DIVISION I

GENERAL POWERS, DUTIES, AND JURISDICTION

Subdivision I

NATURE AND EXTENT

Corporate powers exercised by council.

81(1)

The powers of every municipality shall be exercised by resolution passed by the council, except where they are specifically required to be exercised by by-law.

Inconsistencies.

81(2)

A by-law or resolution of the council that is inconsistent with any Act in force in the province, or with regulations made pursuant to such an Act, has no validity in so far as it is so inconsistent.

Jurisdiction of council.

82

The jurisdiction of every council is confined to the municipality the council represents, except where authority beyond its borders is expressly given by this Act or any other Act.

Establishment of office.

83(1)

The council shall establish and maintain an office for the municipality at a place, either in or outside the municipality, designated by by-law of the council.

Place of meetings.

83(2)

The council shall hold its meetings in the office of the municipality unless otherwise provided by resolution of the council.

Defects of form.

84

No act connected with the affairs of a municipality, performed by the council, its officers or any other person, is void on account of error or insufficiency in the designation of the municipality or of that act, or on account of insufficiency in, or the omission of, the declaration of the quality of any such officer or person, if no surprise or injustice results therefrom.

Effect of formal defects or omissions.

85(1)

No proceeding, act, matter, or thing, done or purporting to be done under this Act, is invalid on account of any formal defect or omission.

General expenditures.

85(2)

Where, under this Act or any other Act, a municipality is authorized or required to do any act or thing, or the council thereof is authorized or required to pass a by-law for any purpose, the municipality, subject as herein provided, may expend from its general funds such moneys as are necessary to do the act or thing or to carry out the purpose of, or give effect to, the by-law unless other specific provision is herein made for the required expenditure.

Council a continuing body.

86(1)

The council of every municipality shall be deemed to be always continuing and existing, notwithstanding any regular or other election of its members and any organization consequent thereon.

Continuation of action.

86(2)

Upon and after any such regular or other election, and having been organized and held its first meeting, every council may take up and carry on to completion all by-laws, reports, and proceedings begun, or under consideration, by the council; and it is not necessary to begin anew with any by-law, proceeding, report, matter, or thing, entertained by the council.

Membership in Municipal Associations.

87

Any municipality, including The City of Winnipeg, may apply for membership in

(a) Union of Manitoba Municipalities; or

(b) Manitoba Urban Association; or

(c) The Canadian Federation of Mayors and Municipalities; or

(d) such other organizations that in the opinion of the council it is in the interests of the municipality to belong;

or all or any of them; and on the municipality becoming a member, the council thereof may expend funds of the municipality to pay the annual membership dues therefor.

Insurance against loss.

88

The council of each municipality, including The City of Winnipeg, may provide for comprehensive insurance to protect the municipality against loss through damage to the real or personal property, or both, of the municipality by reason of fire or any other cause; and may provide insurance against claims for loss or damage for which the municipality or the council thereof or any member of the council thereof may become liable; and for that purpose the council may expend funds of the municipality.

Insurance policies on councillors.

89(1)

A municipality, including The City of Winnipeg, may enter into a contract of accidental death, accident or disability insurance, or any of them, to cover members of the council of the municipality while engaged on the business of the municipality or performing their duties or functions as members of council.

Indemnity.

89(2)

No council of a municipality or member thereof, and no employee of a municipality, and no person acting under the lawful instructions of the council of a municipality or of a member thereof or of an employee of the municipality, is personally liable for any loss or damage suffered by any person by reason of anything done or omitted to be done, lawfully and without negligence, pursuant to or in the exercise of powers conferred by this Act.

Payment of legal expenses.

89(3)

The council of each municipality, including The City of Winnipeg, may expend funds of the municipality to pay the legal expenses of any member thereof or any employee of the municipality necessarily incurred by the member or employee in defending or prosecuting any court action initiated against or by the member or employee and arising out of anything done or omitted to be done pursuant to or in the exercise of powers conferred by this Act or any other Act; and the council may expend funds of the municipality to provide insurance coverage for the payment of such legal expenses.

Power of solicitor to settle claims.

90

The council may, subject to such conditions as it may prescribe, delegate to the solicitor of the municipality the authority to settle any claim, or any specified kind of claim, against the municipality by authorizing payment of an amount not exceeding $500. for any one claim.

Security for debts.

91

Where power is given to the municipality under this or any other Act to perform services or sell goods or lands, it shall be deemed to have, and always to have had, the same right as a private individual to take security for any debt owing to it and arising out of matters transacted in the exercise of the power.

Property in settlement of debts.

92

The municipality may acquire, hold, and dispose of, real or personal property offered or transferred to it in partial or complete settlement or payment of, or as security for, any lien or charge, or any right to a lien or charge, on any property, or any other indebtedness owing to the municipality.

Expenditures on by-laws.

93

The council may submit any question to an expression of opinion of the electors of the whole or any part of a municipality, and the result of the expression of opinion is not binding on the council; and the council shall make such expenditures as it considers necessary and advisable for the purposes of holding the vote and for providing information to the electors or resident electors on the question or any by-law that is submitted to an expression of opinion, and the information provided may be favourable or unfavourable, or partly favourable and partly unfavourable, to the question or by-law to be submitted to the expression of opinion.

Entertainment expenses.

94

The council of a municipality may pay for, or contribute towards, the expense of the reception or entertainment of guests in respect of matters pertaining to, or affecting the interests of, the municipality.

Appointment to commissions.

95

Where a municipality has power to make appointments to any board, commission or other body, the council thereof may make those appointments by by-law, and for each councillor or other person so appointed, to appoint a substitute or substitutes to act in his place and stead in the event of his absence from the board, commission or other body due to his sickness or absence from the municipality and pay to the councillor or other person so appointed remuneration fixed by by-law and travelling expenses incurred in the performance of his duties on the board, commission or other body.

Notices in Gazette not required.

96

Unless herein specifically directed, it is not necessary to publish in The Manitoba Gazette notices or advertisements required or allowed by this Act.

Census.

97

The council of a municipality may, by by-law, provide for taking a census of the inhabitants, or of the householders, of the municipality or of any part thereof designated in the by-law; and for that purpose it may expend funds of the municipality.

Regulations.

98

The council of each municipality may, by by-law, make regulations not contrary to law, respecting matters for which provision is not specifically made herein, and, without restricting the generality of the foregoing shall make regulations,

(a) for governing the organization and proceedings of the council;

(b) respecting the time and place of holding its meetings; and

(c) for the calling of special or general meetings thereof;

and generally, but subject to The Public Health Act and any other Act of the Legislature and regulations made thereunder, may make such other regulations for the health, safety, morality, and welfare of the inhabitants and for the peace, order, and good government of the municipality as the council deems to be necessary or advisable.

Subdivision II

RETENTION AND DESTRUCTION OF RECORDS

Retention and destruction.

99(1)

The council of a municipality, by bylaw,

(a) shall provide for the permanent retention and safekeeping of the municipal documents and records of the nature and kind described in Schedule 1; and

(b) may provide for the destruction by fire or shredding machine of the municipal documents and records of the nature and kind respectively described in Schedules 2, 3, 4, and 5, after the lapse of the period of time, and in accordance with the conditions, respectively set out in those schedules.

Photographic films.

99(2)

Where the council of a municipality, by by-law, so provides, the clerk shall cause a photographic film of every document or record mentioned or described, or of a kind or class mentioned or described, in the by-law to be made and preserved in the files of his office, whether or not the document or record is of a kind or class that has been required or authorized to be destroyed.

Certificates on documents.

99(3)

Before a photographic film of a document or record is made under subsection (2), the clerk shall cause the document or record to be stamped with a certificate stating that the document or record is photographed under the authority of a by-law of the municipality identifying the by-law, and signed by himself.

Admissibility in evidence.

99(4)

Where a municipal document or record has been, by by-law, required to be photographed as provided in subsection (2), a print from the photographic film is admissible in evidence in all cases, and for all purposes, in or for which the document or record so photographed would have been admissible, if the clerk who caused it to be so photographed, or his successor in office, certifies under his hand that it appears from the records of the municipality

(a) that the document or record of which the print purports to be a copy is, or was at the time it was photographed, deposited, or on file, or held in his office or among the documents or records of the municipality;

(b) that the document or record of which the print purports to be a copy was caused to be photographed by the clerk of the municipality under authority of a by-law of the council of the municipality; and

(c) that the print is made from the photographic film respecting the document or record concerned that is on file in the municipal office.

Deposit in Provincial Archives.

99(5)

The council of a municipality may, by by-law, direct that any of the documents and records to which reference is made in clause (l)(a) be deposited for safekeeping with the archives of the government if the provincial archivist has stated in writing that he desires those documents and records to be so deposited; and any documents or records so deposited shall be conclusively deemed to be retained for safekeeping as provided in clause (l)(a).

Deposit instead of destruction.

99(6)

Where the council of a municipality has under consideration the passing of a by-law under clause (l)(b), it may, by resolution direct that instead of destroying any or all of the documents and records the destruction of which is under consideration, they be deposited as provided in subsection (5), if the archivist consents in writing to the deposit.

Deposit of documents required by archivist.

99(7)

Where, as provided in subsection (6), the archivist consents to the deposit of some or all of the documents and records to which reference is made in that subsection, those documents and records shall not be destroyed but shall be deposited.

DIVISION II

COMPOSITION OF COUNCILS

Subdivision I

GENERAL

Representation from wards.

100(1)

Where a municipality, including The City of Winnipeg, is divided into wards, the number of councillors elected from each ward shall be equal to the number elected from each other ward.

Increase or reduction of number of councillors.

100(2)

Subject to subsection (1) and to sections 101, 102 and 103, the council of any municipality may pass a by-law increasing or reducing the number of councillors.

Notice of intent to pass by-law.

100(3)

Where the council of a municipality proposes to pass a by-law under subsection (2) it shall cause to be published once each week, in two successive weeks, with not more than seven days between each publication, a notice of its intention to consider, and, if deemed advisable, to pass a bylaw increasing or reducing the number of councillors.

Application of section 42.

100(4)

Subsections 42(3) to (9) apply with such modifications as the circumstances require to a bylaw under subsection (2).

Where wards abolished.

100(5)

Where the division of a municipality into wards is abolished, the council shall consist of the same number of councillors that constituted the council before the wards were abolished, unless a by-law is passed under subsection (2).

Subdivision II

CITIES

Councils of cities.

101(1)

The council of each city consists of the mayor, who is the head thereof and, subject to subsection 100(1), such number of councillors as the council decides, not being less than six or more than 18.

Increase or decrease of size of council.

101(2)

Subject to section 100, a council may by by-law, increase or decrease the number of councillors to any number not less than six or more than 18.

Subdivision III

TOWNS AND RURAL MUNICIPALITIES

Council of town and rural municipalities.

102(1)

Except as otherwise specifically provided in the case of any town or rural municipality by an Act of the Legislature respecting that municipality and subject to subsection (2), the council of each town and rural municipality consists of the mayor in the case of a town, or the reeve in the case of a rural municipality, who in either case is the head thereof, and in every case not less than four councillors.

Increase or decrease of size of council.

102(2)

Subject to section 100, the council of any municipality to which subsection (1) applies may, by by-law, increase or decrease the number of councillors to not less than four.

Subdivision IV

VILLAGES

Councils for villages.

103

The council of each village consists of the mayor, who is the head thereof, and four councillors.

Subdivision V

TENURE OF OFFICE

Terms of office.

104(1)

Subject to sections 52, 80, and 105, and to subsection (2),

(a) the term of office for which the mayor or reeve of a municipality is elected is three years; and

(b) the term of office for which the councillors of a municipality are elected is three years as hereinbefore provided.

Extension of term of office.

104(2)

Notwithstanding any other provision herein, a mayor or reeve and a councillor elected at an election shall hold office for the term herein provided and thereafter until his successor is elected or appointed as herein provided and sworn into office and, in the case of a regular election, until the new council is organized.

Filling of vacancy.

105

Where a member of council dies or vacates, forfeits, or resigns, his seat before the expiration of his term, and the election of his successor is not held at the regular election, his successor shall hold office for the remainder of the term.

Subdivision VI

REMUNERATION OF MEMBERS OF COUNCIL

No other allowances.

106

No member of the council of a municipality is entitled to any payment, mileage, or indemnity, except as is provided in this Division.

Portion of remuneration for expenses.

107

Where a member of a council of a municipality is, under a by-law or resolution of the council, paid an indemnity, or other remuneration, one-third of the amount shall be deemed to be for expenses incident to the discharge of his duties as a member of the council.

Conditions as to indemnities.

108

The by-law of a municipality fixing the amount of the indemnity to be paid the mayor or reeve, or councillors, may fix the terms and conditions

(a) as to their attendance at meetings of the council and the committees thereof; and

(b) as to their performing additional duties in connection with the carrying on of the business and affairs, and the discharge of the duties and responsibilities, of the municipality.

Monthly indemnity.

109

Subject to section 111, any city, town or village may, if a by-law of the council so provides, in lieu of all other indemnities, pay to the mayor or reeve and to each councillor, monthly or annually, such indemnity as the council determines.

Indemnities in r. m.

110(1)

Subject to section 111 and subsection (2), any rural municipality may, if a by-law of the council so provides, in lieu of all other indemnities, pay to the reeve and to each councillor, monthly or annually, such indemnity as the council determines.

Mileage allowed.

110(2)

In addition to the indemnity for which provision is made in subsection (1), each member of the council of a rural municipality, may be paid and accept,

(a) if a by-law of the council so provides, for attending meetings of the council, such amount as is fixed by by-law, for each mile, each way, from his place of residence in the municipality to the place of meeting and return to his place of residence, to be allowed only once for each meeting;

(b) such amount per hour as is fixed by by-law of the council, for each hour actually and necessarily spent by him, under authority previously given by resolution of the council, in the performance of such duties, work, or services as he is required or authorized, under the resolution, to perform; and

(c) such amount per mile, as is fixed by by-law of the council, for each mile actually and necessarily travelled by him in the performance of the duties, work, or services to which clause (b) applies;

but the remuneration or mileage mentioned in clauses (b) and (c) is not payable until an account showing the work or service performed, verified by statutory declaration, has been filed with the clerk and payment thereof authorized by resolution of the council.

Travelling expenses of members.

111(1)

A municipality may pay the actual travelling expenses, and actual living expenses, of a member of the council, officer or employee duly authorized, by resolution of the council, specifying the purpose of the journey, to go on a special journey beyond the limits of the municipality on the business thereof, together with an indemnity to the member of council of such amount per day as is fixed by by-law of the council for each day he is actually engaged in that business.

Expenses attending course of instruction.

111(2)

A municipality, if authorized by a resolution of the council thereof, may pay the actual out-of-pocket registration, tuition, living, and travelling expenses of members of the council, officers, and employees

(a) in attending a course of instruction in municipal administration and public finance; or

(b) in taking such a course by correspondence;

if, in either case, the course taken is one approved by the minister.

Closing of office during course.

111(3)

Where an officer attending such a course of instruction is the only officer in the municipal office, the council of the municipality, by resolution, may provide that the municipal office be closed during the period the officer is absent attending the course.

Expenses attending certain meetings.

111(4)

Any municipality may pay the actual travelling expenses and actual living expenses of a member of the council, officer or employee duly authorized by a resolution of the council to attend a meeting of

(a) Manitoba Urban Association; or

(b) Union of Manitoba Municipalities; or

(c) The Canadian Federation of Mayors and Municipalities; or

(d) such other organizations to which in the opinion of the council it is in the interests of the municipality to belong;

together with an indemnity to the member of council of such amount per day as is fixed by bylaw of the council, for each day he is actually engaged in travelling to, attendance at, and returning from, any such meeting.

Rates of indemnities and mileage.

111(5)

The rates fixed by a council for indemnities or mileage payable under subsection 110(2) or this section shall be such reasonable rates as are in accordance with current practise, and as are exemplified in the amounts payable, from time to time, as mileage allowances or indemnities to persons in the service of, or performing work or services on behalf of, the government or of a board or commission appointed by the Lieutenant Governor in Council under an Act of the Legislature.

Publication of by-law.

111(6)

Where a council passes a by-law under section 109 or 110 or subsection (1) or (4), the clerk of the municipality shall forthwith cause a notice describing the substance and effect of the by-law to be published once and to be posted up in the offices of the municipality.

Irregularly called meeting.

112

No member of a municipal council is liable to a fine, penalty, or punishment, or to disqualification, on account of the fact that he has received money, as remuneration as a member, for attending meetings of the council held pursuant to the call of the reeve or mayor of the municipality and without the formalities required by law to make those meetings legal and valid.

DIVISION III

MEETINGS OF COUNCILS

Subdivision I

MEETINGS GENERALLY

Place of meeting.

113(1)

Subject to subsection 83(2), the council of each municipality shall hold its meetings, and transact all the business of the municipality, within the municipality, unless otherwise provided by a resolution of the council.

Keeping of minutes.

113(2)

The council shall cause minutes of every meeting thereof to be made and kept as provided herein.

Quorum.

113(3)

At all meetings a majority of the whole number of members required to constitute the council is necessary to form a quorum.

Open meeting of council.

114(1)

Every council shall hold its meetings openly, including its sittings as a board of revision; and no person shall be excluded or removed from any meeting except for improper conduct.

Committee meetings.

114(2)

Meetings of committees may be held in camera.

Organization meetings.

115(1)

In each year not earlier than on the seventh day nor later than on the 14th day after the fourth Wednesday of October the council of each municipality shall hold an organization meeting at which the council shall be organized for the following 12 months.

Time of meeting.

115(2)

The meeting shall be held at ten o'clock in the forenoon, or at such other time as is fixed by by-law for the holding of regular meetings of the council.

Place of meeting.

115(3)

The meeting shall be held at the place mentioned in subsection 83(2).

Notice of meeting.

115(4)

The clerk shall give to each member of the council written notice of the day, time, and place of the meeting.

Delayed meeting.

115(5)

Subject to subsection (1), if there is not a quorum present at the time fixed in the notice, the meeting may be held on the same day at any later time when a quorum is present or, if no quorum is present on that day, at any time on the earliest day thereafter when a quorum is present.

Subsequent meetings.

116

The council shall hold, in addition to the first meeting, as many regular meetings as the council by by-law decides, and also such special meetings as are necessary to deal with the business of the municipality.

Adjournment where no quorum.

117

Subject to subsection 115(5) where, at any meeting of the council, no quorum is present at the end of one-half hour, the council shall stand adjourned; and the clerk shall enter in the minute book the names of the members present.

Order of business.

118(1)

Subject to subsection (2), as soon as the head of the council or the chairman has taken the chair, the minutes of the last preceding meeting shall be read by the clerk in order that any mistake therein may be corrected by the council; and after the reading and the correction, if any, the minutes shall be confirmed and signed by the head of the council or chairman, and by the clerk; and the council shall then proceed to business.

Dispensing with reading of minutes.

118(2)

The council of a municipality may, by resolution, waive the reading of the minutes of the last preceding meeting if a copy thereof has been mailed by the clerk to reach each member of the council in the ordinary course of mail at least 24 hours before the next succeeding meeting, and a copy thereof has been posted up, and kept posted up, by the clerk in the municipal offices for at least four days previous to the meeting at which the minutes are confirmed.

Majority to decide.

119(1)

Every disputed question shall be decided by a majority of the votes of the members of council present, except in cases where, under this Act or any other Act of the Legislature, another number of votes is required to decide the matter.

Notice and vote required to reverse decision.

119(2)

Subject to subsection (3), a question once decided shall not, during a period of one year after the decision, be reversed unless

(a) written notice of a proposal to reverse it has been given from at least one meeting to another; and

(b) a majority of the whole council vote in favour of the reversal.

Reversal at same meeting.

119(3)

A decision of the council may,

(a) at the same meeting at which it was made; and

(b) by unanimous consent of all members who were present when the decision was made;

be reversed.

Recording of reversed decision.

119(4)

Where a decision is reversed under subsection (3), the council, notwithstanding clause 141(2)(a), may direct

(a) that no record shall appear in the minutes of the making of the original decision and the reversal thereof; or

(b) such record thereof shall be made as the council directs.

Voting obligatory.

120(1)

Every member of the council present when a question is put, except the head of the council, shall vote thereon, unless a majority of the council then present excuse him or he is prohibited from doing so by this Act or The Municipal Council Conflict of Interest Act.

Casting vote.

120(2)

The head of the council shall not vote except when there is an equality of votes exclusive of his own vote; in which case he shall give a casting vote.

Voting to be open.

121(1)

The vote on each question put to the council shall, in all cases, be taken by open voting.

Clerk to record result of vote.

121(2)

Subject to subsections 119(3) and (4), the clerk shall record in the minutes of the proceedings of the council the results of each vote taken at a meeting of the council

Recorded vote.

121(3)

Any member of the council may, prior to the taking of a vote on any question put, require a recorded vote to be taken; and thereupon the clerk shall record in the minutes of the proceedings of the council the names of the members who voted in favour of, and of those who voted against the proposal to which the question put relates.

Certain expenditures an offence.

122(1)

Any member of the council of a municipality who

(a) expends or authorizes the expenditure of any moneys of the municipality without having first been empowered so to do by by-law or resolution of the council passed under the authority of an Act of the Legislature; or

(b) accepts, or votes in favour of paying to any person, including a member of the council, any amount not authorized by this Act or any other Act, or any amount for any purpose greater than is permitted by this Act or any other Act;

is guilty of an offence, and for each such offence is liable to a fine of not more than $500. and, in default of payment, to imprisonment for not more than six months.

Civil liability.

122(2)

A member of council who commits an offence under subsection (1) is, in addition to any penalty he may incur under that subsection, liable to the municipality for the full amount of the expenditure or payment in a civil action instituted against him by the municipality or by any ratepayer thereof on behalf of, and for the benefit of, the municipality.

Exceptions.

122(3)

Clause (l)(a) does not apply

(a) to any case where the expenditure of an amount not exceeding $750. is necessary and urgent

(i) to repair any public work of the municipality; or

(ii) for aiding any person in need within the municipality; or

(b) to an expenditure made in respect of a civil disaster where, under The Emergency Measures Act, a proclamation has issued proclaiming that a state of civil disaster exists in an area that comprises or includes the municipality, or that part thereof in respect of which the expenditure is made; or

(c) to any expenditure required to meet regular recurring periodic obligations for the payment of which council has given prior general authority.

Authorization.

122(4)

An expenditure shall not be made in a case to which subsection (3) applies, unless, before the expenditure is made, the head of the council authorizes the expenditure.

Receiving petitions.

123

A council of a municipality shall receive any petition sent to it by the clerk, a member of the council, any elector of the municipality, or any other person; and the council shall cause every petition received by it to be read at a meeting of the council.

Hearing of parties.

124

Every one entitled to be heard before the council of a municipality or any of its committees may be so heard in person or through any other person acting on his behalf.

Delegation to committees.

125(1)

The council of each municipality may appoint committees, composed of as many of its members as it deems expedient; and it may delegate to them, or any of them, its powers respecting

(a) the examination of any question;

(b) the management of any business; and

(c) the execution of specified duties;

or any of those powers; but not the revision of the assessment roll or the making of any contract.

Reports of committees.

125(2)

Each committee shall render an account of its labours and decisions by reporting thereon to the council, either in writing or by an oral statement made by the convenor of the committee or a member thereof authorized by the committee for the purpose.

Effect of reports of committee.

125(3)

No report or order of a committee, except such orders as have been authorized by bylaw, or by a resolution of the council, has any effect unless it has been adopted by the council at a regular or special meeting.

Default in meeting.

126

No council of a municipality is dissolved by the fact that any meeting thereof has not taken place.

Subdivision II

SPECIAL MEETINGS

Convening.

127(1)

A special meeting of the council of a municipality may be convened at any time by the head of the council or by not fewer than one-fourth of its members, by giving, before any such meeting, a reasonable notice thereof to all the members of the council.

Form of notice.

127(2)

The notice may be oral or in writing; and it shall include a statement of the subjects to be taken into consideration at the meeting.

Manner of giving written notice.

127(3)

Where the notice is in writing it shall be delivered to the members or mailed to their addresses.

Place of meeting.

128

Special meetings shall be held at the ordinary place of meeting of the council at the hour fixed for ordinary meetings, unless otherwise stated in the notice of the meeting, by an adjournment, or by a by-law of the council.

Record in minutes.

129

The council shall cause to be set forth in the minutes of each special meeting that, if such is the fact, notice of the meeting has been given, in conformity with the requirements of this Act, to all the members of the council who are not present at the opening of the meeting.

Effect of want of notice.

130

Where, on the opening of the special meeting, it appears that the notice of the meeting has not been given to all the absent members, no business shall be transacted at the meeting; but the presence of any member of the council at the meeting waives the necessity of notice so far as he is concerned.

Business at special meeting.

131

At a special meeting no subjects or matters other than those mentioned in the notice calling the meeting shall be taken into consideration.

Subdivision III

ADJOURNMENTS

Adjournment.

132

Where there is a quorum present at any ordinary or special meeting, it may be adjourned by the council to any other hour of the same day or to the next subsequent day, without the necessity of giving notice of the adjournment to the members who are not present; but, notice of an adjournment, other than an adjournment from day to day, shall be given, as in the case of a special meeting, to all members of the council.

DIVISION IV

OFFICERS AND EMPLOYEES OF MUNICIPALITIES

Subdivision I

OFFICERS

Officers of a municipality.

133

The officers of a municipality are the mayor or reeve, the deputy mayor or reeve, the manager, if any, the clerk, and the treasurer, and the secretary-treasurer, if any, and also any full time employee of the municipality who is designated as an officer thereof by by-law of the municipality.

Subdivision II

THE HEAD

Head of council.

134(1)

The mayor of a city, town or village and the reeve of a rural municipality is the head of the council and the chief officer of the municipality.

Presiding at meetings of council.

134(2)

The head of every municipality shall preside at all meetings of the council whenever he is present.

Maintaining order.

135(1)

At all meetings of the council the head of the council or other chairman shall

(a) maintain the order and proper conduct and decorum of the meeting; and

(b) decide questions of order, subject to an appeal to the council.

Removal of persons from meetings.

135(2)

Where, at a meeting of the council, any person other than a member of the council is, in the opinion of the head of the council or other chairman, guilty of disorderly or improper conduct, the head or other chairman may require that person to leave the meeting forthwith and, if he fails to do so, may cause him to be removed.

Removal of councillor from meeting.

135(3)

Where, at a meeting of the council, a member of the council is guilty of disorderly or improper conduct, the council, by a resolution passed by a majority of the other members present, may require him to leave the meeting forthwith, and if he fails to do so may cause him to be removed.

Clarification of accounts.

135(4)

The head of every council may administer an oath, affirmation, or declaration to any person concerning any account or other matter submitted to the council.

Duty of head.

136

The head of every municipality shall be vigilant and active, at all times,

(a) in causing the law for the government of the municipality to be duly executed and put in force;

(b) in inspecting the conduct of all subordinate officers in the government thereof;

(c) as far as is in his power, in causing all negligence, carelessness, and positive violation of duty by all officers and employees to be duly prosecuted and punished; and

(d) in communicating to the council all such information as relates to, and recommending such measures within the powers of the council as tend to, the improvement of the finances and the welfare of the municipality and the inhabitants thereof.

Report regarding treasurer.

137

Immediately after the first council meeting in each year, the head of the council shall report to the minister all known occupations of the treasurer of the municipality that involve the receipt by him of money other than that belonging to the municipality; and shall subsequently report any such additional known occupation or any discontinuance thereof as and when it occurs.

Power to veto by-laws, etc.

138(1)

Subject to subsection (4), the head of every municipality, in addition to all his other powers, may veto any by-law, resolution, or measure adopted or passed by a vote of the council authorizing the expenditure of money, at any time within 24 hours after the time it is adopted or passed by the council.

Method of exercising veto.

138(2)

He shall exercise the veto by giving to the clerk notice thereof in writing; and the clerk shall forthwith give notice in writing of the veto to each member of the council.

Overruling veto.

138(3)

The veto may be overruled and removed at any subsequent regular or special meeting of the council, if a majority of the members of the whole council, not counting the mayor or reeve, are present and a majority of the members present vote in favour of overruling and removing the veto.

No veto of overruling.

138(4)

The head of the council shall not veto a measure passed by the council overruling and removing the veto of a previous measure.

Subdivision III

DEPUTY HEAD

Appointment of deputy head.

139(1)

The council of a municipality may, by resolution, appoint from among its members a deputy mayor or deputy reeve, who is the deputy head of the council and deputy head and deputy chief officer of the municipality.

Preside in absence of head.

139(2)

The deputy head shall preside at all meetings of the council in the absence of the head of the council.

Exercise powers of head.

139(3)

While acting as head of the council, the deputy head shall perform and exercise the duties and powers of the head of the municipality, but he has the right to vote at meetings of the council.

Act if office vacant.

139(4)

Where the office of the head of the municipality is vacant by reason of the death or resignation of the head or of his refusal to act, the deputy head shall continue as acting head, and receive the emoluments of the head, until the election of a new head of the municipality.

Subdivision IV

CHAIRMAN

Appointment of chairman.

140(1)

Where, at any meeting of the council of a municipality the head and deputy head of the municipality are absent, the members present may, if they constitute a quorum of the council, 15 minutes after the hour fixed for the meeting, appoint a chairman from among themselves who shall preside until the head or deputy head is present.

Powers of chairman.

140(2)

A chairman appointed under subsection (1) has the same authority, and shall exercise the same functions, in presiding at the meeting as the head of the municipality might have had or exercised if present; except that he has the right to vote.

Subdivision V

CLERK

Appointment of clerk.

141(1)

Every municipality shall, by by-law, appoint a clerk, who may be paid an annual salary.

Duties of clerk.

141(2)

The clerk of every municipality shall

(a) subject to subsections 119(3) and (4), truly record in a minute book, without note or comment, all resolutions, decisions, and other proceedings of the council;

(b) if required by any member of the council, as provided in subsection 121(3), record the name and vote of every member voting on any matter submitted;

(c) enter in the minutes of every meeting the names of the members of the council present at the meeting;

(d) transcribe into a suitable register, and have custody of, all by-laws and, having seen to their proper completion, but subject to section 99, preserve and keep safe the originals thereof;

(e) subject to section 99, take charge of and keep on record all other books, papers, accounts, plans, maps, correspondence and any other documents committed to his charge by the council and deliver them to his successor or such other person as the council may designate upon his ceasing to hold office;

(f) prepare and transmit to the minister such statements and reports and such other information in regard to the municipality as may be required by the minister and in such form as the minister may direct;

(g) give notice of all special meetings or other meetings of the council in the manner provided herein;

(h) when required to do so by the auditor or the minister or any person authorized by the minister for the purpose, produce the minute and other books and all papers and records of whatsoever kind in his possession that the auditor or the minister is entitled to examine under this Act;

(i) advise the minister of the names and addresses of the persons elected as councillors or mayor or reeve forthwith after the holding of any regular election or a by-election;

(j) have custody of the corporate seal of the municipality; and

(k) perform such other duties as the council may prescribe.

Appointment of acting clerk.

142(1)

Where the clerk of a municipality is absent from the municipality, or is incapable, through illness or other cause, of performing his duties, or the office of clerk is vacant, the council may, by resolution, appoint another person who is not a member of the council, as acting clerk to act in the stead of the clerk.

Duties of acting clerk.

142(2)

Any person appointed under subsection (1), while he is acting in the office of clerk, has all the powers, and shall perform all the duties, of the clerk, and is subject to all the penalties to which the clerk is liable.

Vacancy in office of clerk.

142(3)

Where a vacancy occurs in the office of clerk of a municipality, the council thereof shall forthwith make arrangements to fill the vacancy.

Inspection of books and documents.

143(1)

The clerk of a municipality shall, at any time when the offices of the municipality are open for the transaction of business, on the demand of any person, produce to him and permit him to examine

(a) the latest assessment roll;

(b) the latest list of electors;

(c) any monthly financial statement for the then current year prepared by the treasurer;

(d) any report of the auditor;

(e) the minutes of any council meeting; or

(f) any by-law of the municipality or resolution of the council thereof.

Inspection of other documents.

143(2)

With the approval of the council, as shown by a resolution thereof, the clerk of a municipality shall produce for the examination of any person, on his demand, as provided in subsection (1), any other record or document of the municipality in the possession of, or under the control of, the clerk.

Furnishing of copies.

143(3)

Subject to the payment of the fee for which provision is made in subsection (4) the clerk shall, within a reasonable time, furnish to any applicant or to his attorney, a copy, certified under his hand and under the corporate seal of the municipality,

(a) of any record or document mentioned in subsection (1); or

(b) if approved by the council as provided in subsection (2), of any document to which reference is made in that subsection.

Payment for copies furnished.

143(4)

A person to whom a copy is furnished under subsection (3) shall pay therefor at the rate of 50¢ per page or part thereof, or at such lower rate as is fixed by the council.

Penalty for refusal or neglect of clerk.

143(5)

Any clerk who neglects or refuses to allow any person to inspect any such record or document, or who neglects or refuses to produce it for inspection, or to furnish copies as required by this section, is guilty of an offence.

Subdivision VI

TREASURER

Appointment and salary.

144

Every municipal council shall, by bylaw, appoint a treasurer of the municipality who may be paid an annual salary.

Duties of treasurer.

145(1)

The treasurer of every municipality shall

(a) collect, receive, and safely keep all moneys belonging to, or accruing to, the municipality, and issue or cause to be issued receipts therefor;

(b) at least once in each week deposit, or cause to be deposited, all moneys of the municipality received by him, in a bank designated by the council, to the credit of the municipality in an account kept in the name of the municipality ;

(c) subject to subsection (2), deposit, in a separate trust bank account or accounts in a bank designated by the council, to the credit of the municipality, all trust moneys of the municipality;

(d) pay all accounts that are a proper charge against the municipality and payment of which has been properly authorized by the council as provided herein;

(e) subject to subsection (4), sign all necessary cheques;

(f) keep the moneys of the municipality entirely separate from his own moneys;

(g) prepare and transmit to the minister such statements and reports and such other information in regard to the municipality as may be required by the minister and in such form as the minister may direct.

Borrowed moneys as trust moneys.

145(2)

For the purposes of this section, the proceeds of any debentures issued and sold by the municipality, and any moneys borrowed in anticipation of a debenture issue; shall be deemed to be trust moneys of the municipality.

Co-signing of cheques.

145(3)

Subject to subsection (4), the mayor or reeve, or such other person as the council by resolution appoints, shall sign all necessary cheques.

Mechanical signing of cheques.

145(4)

The council may by by-law, authorize the execution of cheques by the use of mechanical means of reproducing thereon facsimile signatures.

Notice by treasurer to minister.

146

Every treasurer, within five days after his appointment to office, shall inform the minister of his appointment and of his full name and post office address, and the name of the bank and its branch in which the municipality for which he is treasurer keeps its account.

Statement by treasurer.

147

At the first meeting of the council in each year the treasurer shall make a written statement to the council showing therein all occupations in which he is engaged, that involve the receipt by him of money other than that belonging to the municipality, and he shall subsequently report any such additional occupation or any discontinuance thereof as and when it occurs.

Monthly statement to council.

148

Every treasurer shall on or before the 20th day of each month prepare and deliver to the head of the municipality a statement showing

(a) the revenue and expenditure of the municipality for the period from the beginning of the year in which that month occurs up to the last day of the last preceding month;

(b) the standing of general ledger balances as at the last day of the last preceding month;

(c) the standing of all appropriation accounts as at the last day of the last preceding month;

and any other information that may be required, in a form prescribed by the minister; and the statement shall be read at the next meeting of the council and handed to the finance committee to examine and report thereon.

Duties of treasurer.

149(1)

Every municipal treasurer shall, as provided herein receive and safely keep all moneys belonging to the municipality, and he shall pay out those moneys to such persons, and in such manner, as provided in this Act and as directed in the bylaws and resolutions of the council.

Certain payments forbidden.

149(2)

Except as permitted by this Act, no member of the council of a municipality shall receive any money from the treasurer for any work or services performed or to be performed by him or any other person, or for any material supplied, or to be supplied, by him or any other person.

Indemnity.

149(3)

The treasurer is not liable to any action at law for any moneys paid by him in accordance with any by-law or resolution passed by the council, unless another disposition of the moneys is expressly made or the payment thereof is expressly forbidden by statute.

By-laws affecting treasurer.

150

Every treasurer shall conduct the business and perform the duties of his office in the manner provided by by-law of the municipality, except where the by-law is inconsistent with this Act.

Subdivision VII

SECRETARY-TREASURER

Secretary-treasurer.

151(1)

The offices of clerk and treasurer may both be held by the same person, who shall in such a case be called secretary-treasurer and he shall perform and exercise the duties and powers of clerk and treasurer.

Appointment of secretary-treasurer.

151(2)

Every municipality may, by by-law, appoint a secretary-treasurer, who may be paid an annual salary.

References include secretary-treasurer.

151(3)

Where the council of a municipality has appointed a secretary-treasurer as provided in subsection (2), all references herein to the clerk or the treasurer shall, in the case of that municipality, be deemed to apply to the secretarytreasurer.

Subdivision VIII

ACTING TREASURER OR ACTING SECRETARY-TREASURER

Appointment.

152(1)

Where the treasurer or secretarytreasurer of a municipality is absent from the municipality, or is incapable, through illness or other cause, of performing his duties, the council may, by resolution, appoint another person who is not a member of the council, as acting treasurer or acting secretary-treasurer.

Duties.

152(2)

Any person appointed under subsection (1), while he is acting in the office of treasurer or secretary-treasurer has all the powers and shall perform all the duties of the treasurer or secretarytreasurer.

Vacancy.

152(3)

Where a vacancy occurs in the office of treasurer or secretary-treasurer of a municipality, the council thereof shall forthwith make arrangements to fill the vacancy.

Closure of municipal office.

152(4)

In a case to which subsection (1) applies, the head of the council may

(a) close and lock up the offices of the municipality;

(b) ensure that all books, records, files and documents of the municipality are properly safeguarded; and

(c) cause any moneys on hand to be deposited in the bank of the municipality and, if he has done so, he shall keep the offices closed and locked up until the auditor attends at the office of the municipality and a person has been appointed as provided in subsection (1).

Subdivision IX

MANAGER

Appointment of a manager.

153(1)

The council of any municipality may pass a by-law appointing a manager for the municipality.

Duties of manager.

153(2)

The manager is, under the direction of the council, responsible for the active management of the affairs of the municipality; and he shall discharge such duties as may be imposed upon him by by-law of the council.

Salary of manager.

153(3)

The manager may be paid an annual salary of such amount as is fixed by by-law of the council.

Appointment of acting manager.

154(1)

Where the manager of a municipality is absent from the municipality, or is incapable, through illness or other cause, of performing his duties, the council may, by resolution, appoint another person who is not a member of the council, as acting manager.

Duties of acting manager.

154(2)

Any person appointed under subsection (1), while he is acting in the office of manager has all the powers and shall perform all the duties of the manager.

Vacancy in office of manager.

154(3)

Where the council of a municipality has appointed a manager under subsection 153(1) and a vacancy occurs in the office of manager, the council shall

(a) forthwith make arrangements to fill the vacancy; or

(b) pass a by-law abolishing the office of manager for the municipality.

Subdivision X

VACANCIES AND APPOINTMENTS

Where offices advertised.

155(1)

Where a municipality requires a clerk, treasurer, secretary-treasurer, or manager, and the council causes an advertisement respecting the requirement to be published in the Manitoba Gazette or in any newspaper or other publication, the advertisement shall state the range in salary the municipality is prepared to pay to a qualified person.

No tenders.

155(2)

No municipality shall make an appointment to any office, or any arrangement for the discharge of the duties thereof, either

(a) by calling for tenders; or

(b) where the sole, or a principal or predominant, reason for selecting the person appointed, or who is to discharge the duties, is that he is willing to accept the appointment or discharge the duties at a lower remuneration than any other suitable person.

Subdivision XI

CIVIC SERVICE BOARD

Creation.

156(1)

There shall be a board of three members, the members of which shall be appointed by the Lieutenant Governor in Council, and which shall be known as "The Civic Service Board".

Nomination of members of board.

156(2)

The Lieutenant Governor in Council shall appoint as members of the board, persons nominated as follows:

(a) In the year 1987, and in every fourth year thereafter, a person nominated by Union of Manitoba Municipalities.

(b) In the year 1985, and in every fourth year thereafter, a person nominated by Manitoba Urban Association.

(c) In the year 1987, and in every second year thereafter, a person nominated by The Manitoba Municipal Secretary-Treasurers Association.

(d) In the year 1987, and in every second year thereafter, a person nominated by the minister.

Term of office.

156(3)

Each member of the board shall hold office as such from the date of his appointment until December 31 in the year next following the year in which he is appointed.

Meaning of "the board".

156(4)

In this section and sections 157 to 160 the expression "the board" means The Civic Service Board.

Designation of chairman.

156(5)

The minister shall, in writing, designate one of the members of the board to be the chairman thereof; but in the absence of the chairman, the remaining members may appoint a chairman.

Filling of vacancies.

156(6)

Where a vacancy occurs in the membership of the board, the Lieutenant Governor in Council shall forthwith appoint to fill the vacancy a person nominated by the organization or person which or who nominated the person by reason of whose ceasing to be a member the vacancy occurs; and the person so appointed shall hold office for the remainder of the term of office of the member ceasing to be a member as aforesaid.

Right of remaining members.

156(7)

The occurrence of a vacancy in the membership of the board does not impair the right of the remaining members thereof to act during the period of the vacancy.

Quorum.

156(8)

Two members of the board constitute a quorum unless the Lieutenant Governor in Council otherwise specifies.

Disposal of matters pending.

156(9)

Where, on the expiration of the terms of office of the members of the board, a matter is pending before the board requiring its decision, the members whose terms of office have so expired shall nevertheless continue to constitute the board for the purpose of determining that matter and making the decision.

Payment of expenses.

156(10)

From and out of the Consolidated Fund, with moneys authorized by an Act of the Legislature to be so paid and applied, the Minister of Finance, on the written requisition of the minister, may pay the expenses of the board to an amount approved by the minister.

General duties of board.

157(1)

The board shall act as a board of reference to consider

(a) complaints of any municipal council and of any appointed officer of the municipality respecting his position or the manner in which the duties thereof are being discharged;

(b) any dispute between a municipal council and an appointed officer of the municipality ; and

(c) any matter that may be referred to it by the minister.

Powers of board.

157(2)

For such purposes, the members of the board have all the powers conferred upon arbitrators under The Arbitration Act, to investigate complaints and to report their findings of fact and recommendations, if any, to the parties to the complaint.

Qualification for office.

158(1)

Any clerk, treasurer, secretarytreasurer, or manager of a municipality shall be deemed to have qualified for office for the purposes of section 159

(a) if he holds a certificate from The University of Manitoba showing that he has successfully completed the four year course of training for municipal secretary-treasurers; or

(b) if

(i) he has held the office in which he is employed for a period of not less than one year; and

(ii) subject to subsection (2), he has, at the commencement of his employment, enrolled in the four year course of training for municipal secretary-treasurers conducted by The University of Manitoba, and has continued without interruption his enrolment and participation in that course; or

(c) if, prior to January 1, 1971, he has been confirmed in office by the board.

When clause (1)(b) not applicable.

158(2)

Clause (1)(b) does not apply to any person after a date five years after the date upon which he began his employment as a clerk, treasurer, secretary-treasurer or manager of a municipality.

Dismissal of qualified officers.

159

No officer of a municipality who has qualified for that office under section 158 shall be dismissed except by by-law and for cause.

L. G. in C. may extend powers.

160

The Lieutenant Governor in Council may, by regulation, extend the powers of the board herein granted to include like jurisdiction respecting any other municipal employee.

Subdivision XII

INSPECTORS AND ENFORCEMENT

Appointment of inspectors.

161(1)

Any municipality may appoint, as regular or part time employees thereof, and provide for the payment of, veterinary inspectors, electrical installation inspectors, building inspectors, plumbing inspectors, and inspectors of any other kind, for the purpose of

(a) inspecting any building in the municipality, or any plumbing, electric wiring, or fixtures, or other appurtenance to, or installation or appliance in, any such building; and

(b) carrying out or enforcing, or seeing to the carrying out or enforcement of, any of the provisions of this Part.

Veterinary inspectors.

161(2)

A person shall not be appointed as a veterinary inspector unless he is a duly qualified veterinary surgeon.

Powers of inspectors.

161(3)

Any inspector appointed under this section may, at all reasonable times, and without the consent of the owner or occupier, and on production of his authority, if demanded, enter any building or premises in the municipality; and any person who hinders or seeks to hinder or prevent, such an inspector from exercising his authority under this section is guilty of an offence and is liable to a fine of not more than $100. or to imprisonment for not more than one month, or to both.

Other enforcement officers.

161(4)

Any municipality may appoint any person, temporarily or otherwise to carry out or enforce, or see to the carrying out or enforcement of, any specified provision of this Part, and provide for his remuneration; and any person so appointed has, for the purpose for which he is appointed, the powers given to an inspector under subsection (3).

Subdivision XIII

SUSPENSION AND DISMISSAL BY COUNCIL

Employees.

162(1)

Notwithstanding any other Act, but subject to the provisions to the contrary in any contract, the council may by resolution, suspend any employee for a period of not more than three months and in the same manner terminate any such suspension; but in such a case subsections 174(2), (3), (4), and (5) apply to the case, with such modifications as the circumstances require.

Short-term employees.

162(2)

Any person whose hiring is for a shorter period than one month, and with whom there is no agreement respecting dismissal, and whose appointment contains no terms with respect to dismissal, may be dismissed upon such notice as is required under The Employment Standards Act.

Subdivision XIV

OFFICERS AND EMPLOYEES GENERALLY

Appointment and duties.

163(1)

The council of every municipality may pass by-laws for

(a) appointing such collectors of taxes, fees and accounts for the municipality as the council thereof deems necessary;

(b) appointing such employees of the municipality as the council thereof deems necessary for the proper conduct of the affairs of the municipality as provided herein;

(c) appointing such employees of the municipality as the council thereof deems necessary for carrying into effect any Act of the Legislature conferring a power or imposing a duty on the municipality;

(d) designating any full time employee of the municipality as an officer thereof;

(e) authorizing an officer or employee of the municipality to employ and terminate the employment of casual and temporary employees;

(f) prescribing the duties and regulating the hours of work of the officers and employees of the municipality;

(g) prescribing and regulating the fees and charges to be paid by any person in respect of services rendered by any officer or employee of the municipality; and

(h) prescribing a rate of interest not exceeding 1% per month to be charged on fees and charges prescribed under clause (g) if they are not paid within 30 days of the date the account therefor is rendered.

Dismissal of employees.

163(2)

Subject to section 159, except where a collective agreement of employment between a municipality and its employees is in force, or except where the employee is employed under a bylaw passed under clause (l)(e), no employee shall be dismissed except by resolution of the council.

Remuneration.

164

The council shall by by-law provide for the payment of all municipal officers and employees and shall fix the remuneration of any officer or employee whose remuneration is not fixed by Act of the Legislature.

Duties.

165

All officers and employees, appointed by a municipality, shall, in addition to the duties assigned to them in this Act, perform all other duties required of them by any other Act or by the by-laws of the municipality.

Power of successors.

166(1)

Words directing or empowering an officer or other employee of a municipality to do any act or thing, or otherwise applying to him by his name of office, include his successors in the office and his or their deputy.

Holder of office.

166(2)

Where a power is conferred, or a duty imposed, on the holder of an office as such, the power may be exercised, and the duty shall be performed, by the person for the time being charged with the execution of the powers and duties of the office.

Fees to belong to corporation.

167

All fees and charges for services required from, or to be rendered by, any officer or other employee, and that are payable, under this Act or any other Act, to that officer or employee under the name or title of his office, shall be deemed to have been received by him for the municipality, unless otherwise provided in this Act or that other Act; and all such fees and charges shall be accounted for and paid over by him to the treasurer of the municipality at least once each month.

Failure to deliver records.

168

Any officer or other employee of a municipality or other person who withholds and keeps in his possession against the will of the council, or refuses to deliver to the council when lawfully required to do so, any record, document, paper, or property belonging to the municipality, is guilty of an offence.

Subdivision XV

OATHS AND DECLARATIONS OF OFFICERS

Declaration of qualification.

169

Every person appointed as an officer of a municipality shall make and subscribe a declaration of office in Form 3.

Declaration by certain officers.

170

Unless otherwise provided by the council every employee appointed by a municipal council shall, before entering on the duties of his office, make and subscribe a declaration of office in Form 3.

Deposit of declaration.

171

A person who makes a declaration as required under section 169 or 170 shall deposit the declaration duly completed in the office of the clerk of the municipality.

Offence.

172

Any person who

(a) is appointed as an officer or employee of a municipality and, if so required herein, does not, within 20 days after having accepted the appointment, make a declaration of office; or

(b) is authorized to take, receive, and administer any such declaration and, upon reasonable demand, refuses to take, receive, and administer it;

is guilty of an offence.

Subdivision XVI

BONDS FOR EMPLOYEES

Security by municipal employees.

173(1)

Every employee of a municipality, before entering upon the duties of his office, shall, subject to subsections (2), (3) and (4), give security in the manner, and on the conditions, prescribed by the minister, for the faithful performance of his duties and for duly keeping, accounting for, and paying over, all moneys that come into his hands.

Form of security.

173(2)

The security required under subsection (1) shall be given by a guarantee bond or policy of guarantee, in a form approved by the minister, executed by an insurer licensed to undertake guarantee insurance, in the province, in respect of the integrity of, and faithful accounting by, public officers.

Bonds arranged by minister.

173(3)

In lieu of giving of security by individual employees separately, the minister, as agent, attorney, and trustee for the municipalities concerned, may arrange for one or more general bonds with one or more such insurers respecting the employees of one or more municipalities.

Execution.

173(4)

Where the minister arranges for one or more general bonds with one or more insurers as provided in subsection (3), any such bond may be executed, on behalf of the government, by the minister or by the Minister of Finance, notwithstanding that the government has no insurable interest therein, or is not the employer of any person in respect of whose default, malfeasance, misfeasance, dishonesty, or neglect of duty, any such bond is issued, given or made.

Government as agent.

173(5)

The government, in executing any such bond, is the agent, attorney, and trustee for that purpose for each of the municipalities in respect of the employees of which the bond is issued, given, or made, in so far as their respective interests may extend; and the bond is binding on the insurer therein named in accordance with the terms thereof.

Failure to give security.

173(6)

Where an employee is unable to give, or the minister is unable to obtain on his behalf, security as herein provided, the council of the municipality employing him shall forthwith revoke his appointment and appoint in his stead another employee who is able to furnish such security, or on whose behalf the minister is able to obtain it.

Amount of bonds.

173(7)

Bonds or policies given or issued under this section in respect of employees of different kinds shall be for such amounts as may be fixed by the minister.

Notice of change.

173(8)

The council of each municipality shall notify the minister of any change required in the coverage of any employee.

Premiums.

173(9)

The minister may, as provided in subsection (12), require the Minister of Finance to pay the annual or other premiums for such bonds or policies, and may levy for the amounts so paid upon, and collect them from, the several municipalities affected, in the same manner, and at the same time, as provided in the case of levies authorized to be made by him under The Municipal Affairs Administration Act.

Continuance of guaranty.

173(10)

The terms and conditions of any such bond or policy remain good, valid and effectual so long as the employee is employed by a municipality.

Bonds to be filed with minister.

173(11)

Every such bond or policy shall, within one month after being given or issued, be transmitted to the minister and filed by him in his office.

Payment of premiums.

173(12)

The Minister of Finance, on the requisition of the minister, shall annually or as may be required

(a) advance to the minister from the Consolidated Fund the amount specified in the requisition, being the amount of the annual or other premiums for the bonds or policies given or issued under this section; and

(b) charge amounts so paid to an appropriate account in the books of the government.

Disposal of proceeds of levies.

173(13)

The amounts collected under levies made under subsection (9) shall be paid into the Consolidated Fund and credited to the account to which reference is made in clause (12)(b).

Subdivision XVII

SUSPENSION BY MAYOR OR REEVE

Power to suspend employees.

174(1)

Subject as in this section provided, the mayor or reeve of a municipality, or any other officer of a municipality designated by by-law for the purposes of this section, may suspend from office any appointed officer or employee of the municipality for a period of not more than two weeks, and may appoint another person to act in his stead during the period of the suspension.

Consideration by council.

174(2)

Where an officer of a municipality suspends another officer or employee of the municipality

(a) the officer shall forthwith report the suspension to the council; and

(b) the clerk shall place the matter of the suspension on the agenda for the next meeting of the council, if it is to be held not later than 24 hours before the termination of the period of the suspension;

but if the next meeting is not to be held within the period mentioned in clause (b), the mayor or reeve of the municipality shall call a special meeting to be held within that period.

Rights of officer or employee.

174(3)

An appointed officer or employee who is suspended under subsection (1) is entitled

(a) to appear and be heard in person or by counsel, or both, at the meeting to which subsection (2) refers and to give evidence on oath;

(b) to produce witnesses and have them give evidence, and examine them, on oath, subject to their cross examination by any other person;

(c) to require any person giving evidence to the council in support of the suspension or the dismissal of the officer or employee, to be sworn, and to cross examine him, or have him cross examined by counsel;

and the council may thereupon

(d) by resolution, extend the period of suspension for a fixed term; or

(e) by resolution, terminate the suspension and reinstate the appointed officer or employee on such terms and conditions as it deems appropriate; or

(f) subject to section 159 and subsection 163(2), dismiss the appointed officer or employee;

and the council shall not take action under clause (d), (e), or (f) unless compliance has been made with this subsection, and the employee has been given full opportunity to exercise his rights under this subsection.

Administration of oath.

174(4)

The head of the council, or other person acting as chairman of a meeting mentioned in subsection (2), may administer the oath to any person authorized or required to give evidence at the meeting.

Incapacity to act.

174(5)

An appointed officer or employee shall not act in his office while he is under suspension.

Subdivision XVIII

PENSIONS AND GRATUITIES

Retiring grant or annuity.

175(1)

Where an employee of a municipality, while in its service

(a) becomes incapable, through illness or infirmity of discharging his duties efficiently; or

(b) reaches retirement age and then ceases to be an employee;

and will not, in the judgment of the council, be reasonably provided for under section 176, the council may, by by-law, grant to him, on his ceasing to be employed by the municipality;

(c) as a gratuity, an amount not exceeding the aggregate of his salary or other remuneration during the last preceding three years of his service; or

(d) an annual retiring allowance of such amount as the majority of the members of the council consider reasonable in the circumstances,

(i) during the remaining years of his life; or

(ii) during the remaining years between his retirement and the date upon which he becomes entitled to a retirement pension under the Canada Pension Plan or a pension under the Old Age Security Act;

but in either case not exceeding three-fifths of his annual salary or other remuneration calculated on the average over the last preceding three years of his service; and such a retiring allowance may be payable semimonthly or otherwise, as the council deems proper.

Repeal or amendment of by-laws.

175(2)

No such by-law shall be amended or repealed unless the consent in writing thereto of the minister is first obtained.

Pension plan required.

176(1)

Every municipality shall by by-law establish or participate in a plan or scheme to provide pensions or superannuation allowances for its full time employees and its part time employees who have been employed by the municipality for 1600 hours or 200 days employment in each of two successive calendar years ending on or after a date to be determined by the Lieutenant Governor in Council.

Additional benefits.

176(2)

A plan mentioned in subsection (1), which a municipality establishes or in which it participates may, in addition to pensions and superannuation allowances, provide other benefits for employees or their surviving dependents including, without limiting the generality of the foregoing, insurance on the lives of employees or their dependents or both, disability allowances, surviving dependents allowances and surviving spouse allowances.

Prior plans.

176(3)

Where, prior to January 1, 1971, a municipality had complied with section 179 of the Municipal Act, as it then was, in respect of any employees of the municipality, the municipality may with the written consent of those employees continue to comply with that section.

Plan under Subdivision XIX.

176(4)

Where a plan or scheme to provide pension or superannuation allowances for employees of municipalities is established under Subdivision XIX, participation in that plan or scheme by a municipality is in compliance with subsection (1).

Termination of pension plan, etc.

176(5)

A municipality shall not disestablish a plan or scheme established under this section or cease to participate in a plan or scheme which it has participated in under this section, or pass a bylaw to that effect, unless it has received from the minister his consent in writing to disestablish the plan or scheme or to cease to participate in the plan or scheme, as the case may be.

Subdivision XIX

MUNICIPAL PENSION BOARD

Definitions.

177

In this subdivision,

"board" means The Municipal Employees Benefits Board; ("Commission")

"employee" means an employee or officer of a municipality employed by the municipality on a full time basis or employed by the municipality on a part time basis for 1600 hours or 200 days of employment in each of two successive calendar years ending on or after December 31 of the year in which this subdivision comes into force; ("employé")

"fund" means The Municipal Employee Benefits Fund; ("Fonds")

"municipality" includes a local government district and any organization which the Lieutenant Governor in Council by order includes in the plan; ("municipalité" )

"plan" means a plan established under section 179. ("régime")

Benefits board continued.

178(1)

The Municipal Employees Benefits Board composed of

(a) a person who is not representative of either municipalities or employees, who shall be the chairman;

(b) two representatives of municipalities; and

(c) two representatives of employees;

appointed by the Lieutenant Governor in Council is continued.

Term of members of the board.

178(2)

Each member of the board shall hold office for a term fixed by the Lieutenant Governor in Council and thereafter until his successor is appointed.

Board constitutes corporation.

178(3)

The persons who are members of the board are a body corporate.

Application of Corporations Act.

178(4)

The Corporations Act does not apply to the board but the board has the capacity and, subject to this Act, the rights, powers and privileges of a natural person.

Remuneration and expenses.

178(5)

The remuneration of the members of the board, as prescribed by the Lieutenant Governor in Council and the expenses of the members of the board incurred in performing their duties as members, shall be paid from and out of the fund.

Establishment of pension plan.

179(1)

With the approval of the Lieutenant Governor in Council, the board may establish and vary a plan for providing pensions or superannuation allowances for employees.

Additional benefits under plan.

179(2)

In addition to pensions or superannuation allowances, any plan established under subsection (1) may provide other benefits for employees or their dependents or their survivors, or any of them, including disability allowances, life insurance, and allowances for surviving dependents or surviving spouses, or both, of deceased employees or deceased pensioners.

Creation of fund.

180(1)

Any plan established under section 179 shall provide for the establishment of a fund to be known as: "The Municipal Employee Benefits Fund".

Deposits to fund.

180(2)

All contributions of municipalities and of employees under a plan established under section 179 shall be paid to and deposited in the fund in accordance with the provisions of the plan.

Custody of fund.

180(3)

The fund shall be in the custody of the board who shall administer it under the direction of the chairman of the board.

Authority for temporary borrowing.

180(4)

The board may borrow or raise money for temporary purposes by way of overdraft, line of credit, or loan, or otherwise upon the credit of the board in such amounts, not exceeding in the aggregate an amount fixed by the Lieutenant Governor in council, upon such terms, for such periods, and upon such other conditions, as the board may determine.

Audit.

181

The fund and the accounts of the board shall be examined, checked and audited by the Provincial Auditor from time to time and at least annually.

Investments.

182

Moneys in the fund may be invested in the securities in which the funds for pension plans are authorized to be invested under The Pension Benefits Act or the regulations made thereunder.

Appointment of actuary.

183(1)

With the approval of the minister, the board may appoint an actuary and may fix his remuneration.

Triennial actuarial report.

183(2)

The board shall cause an actuarial report to be made on the status of the fund in every third year after the establishment of a plan under section 179 and at such other times as the board may deem necessary or advisable.

Submission of report to minister.

183(3)

The board shall submit a copy of each actuarial report made under this section to the minister who shall cause the report to be laid before the assembly forthwith if the Legislature is then in session, and, if the Legislature is not then in session, within 15 days after the beginning of the next ensuing session.

Administration of plan by board.

184(1)

After the establishment of a plan under section 179, the board shall administer the plan including the determination of benefits to be granted under the plan.

Staff for board.

184(2)

With the approval of the minister, the board may employ staff required for the purposes of the board.

Costs of board.

184(3)

After a date fixed by the Lieutenant Governor in Council, which shall be a date after the establishment of a plan under section 179, the costs of the board shall be paid from and out of the fund.

Advances by government.

184(4)

The minister may request the Minister of Finance to advance to the board by way of loan moneys to pay the costs of the board incurred prior to the date fixed under subsection (1), and the Minister of Finance may advance the money to the board from the Consolidated Fund from and out of moneys authorized under an Act of the Legislature to be paid and applied for the purposes of the administration of this Act, and the moneys from time to time advanced under this subsection, together with interest thereon at the rate at which, in the opinion of the Minister of Finance, the government would be required to pay on moneys borrowed by the government on the date of each advance, over such period of time commencing on the date fixed under subsection (1) as the minister may determine.

Regulations.

185

The board may make regulations

(a) respecting the administration of any plan established under section 179;

(b) prescribing forms for use under the plan;

(c) respecting procedure at its meetings.

Extension of time limits.

186

Notwithstanding any regulation made under section 185 or the provisions of any plan established under section 179, the board may extend any time limit within which any person is required or permitted under the regulations or the plan to take any action or make any election where the delay is, in the opinion of the board, of a minor nature.

DIVISION V

MUNICIPAL BY-LAWS

Subdivision I

AUTHENTICATION, PASSING, PROMULGATION

Authentication of by-laws.

187

Every by-law of a municipality shall be authenticated by

(a) the seal of the municipality;

(b) the signature of the head of the municipality, or of the chairman presiding at the meeting of the council at which the by-law was passed; and

(c) the signature of the clerk.

Certified copies as evidence.

188(1)

A copy of any by-law of, or contract executed by, the municipality, written or printed, without erasure or interlineation, under the seal of the municipality, and purporting to be certified by the clerk to be a true copy, shall be deemed to be authentic, and shall be received as evidence in any court or any proceedings, without proof of the seal or signature, unless it is specially pleaded or alleged that the seal or signature has been forged.

By-laws printed by council.

188(2)

A printed document purporting to be a copy of a by-law passed by the council of a municipality, and purporting to be printed by authority thereof, shall be admitted in all courts and in all proceedings, as evidence of the by-law and of the due passing thereof.

Consent of the L. G. in C.

189

The facts required by this Act to be recited in any by-law of a municipality that requires the approval of the Lieutenant Governor in Council or a minister shall, before the approval, be verified by the statutory declaration of the head of the municipality or of the treasurer or clerk thereof, and by such other evidence as the Lieutenant Governor in Council or the minister requires, or, in case of the death or absence of any such officer, by the statutory declaration of any other member of the council.

Three readings.

190(1)

Subject as herein provided, every proposed by-law of a municipal council shall receive three separate readings before it is finally passed and becomes a by-law; and a proposed bylaw may be amended on any reading thereof.

Readings of by-laws.

190(2)

No more than two readings of any bylaw shall be given at any one meeting, unless, by the affirmative vote of a majority of the whole council, this requirement is suspended.

Procedure at readings.

190(3)

Unless the council, by a majority vote of the members present, dispenses with the reading of a proposed by-law in full at any reading thereof, and subject to subsection (4), each such proposed by-law shall be read aloud in full to the council, at each reading thereof, by the clerk or a member of the council, with such amendments thereto as have been made at any previous reading thereof.

Printing in lieu of reading.

190(4)

Where a proposed by-law or any schedule thereto, has been typewritten, mimeographed, printed, or otherwise clearly set forth in some similar written form, and a copy thereof has been given to each member of the council before the meeting at which any reading thereof is to take place, it is not necessary that the proposed by-law, or the schedule thereto be read aloud.

By-laws approved by board.

190(5)

An existing by-law may be amended or repealed by another by-law; but a by-law that has been approved by the board or has been submitted to, and been approved by a vote of the electors, or resident electors, shall not thereafter be amended or repealed unless the proposed amending or repealing by-law is, in like manner, approved by the board, and if required by the board, by a vote of the electors or resident electors.

By-laws inconsistent with law.

191

A by-law that is inconsistent with any Act in force in the province, or with regulations made under any such an Act, is invalid in so far as it is so inconsistent.

Quashing by-law after promulgation.

192(1)

Notwithstanding sections 196 to 198, where a by-law has been promulgated, no application to quash the by-law shall be commenced after the date fixed in the notice of promulgation.

Promulgation of by-laws.

192(2)

A by-law is promulgated by the publication at least once a week for three successive weeks, in a newspaper, and once in The Manitoba Gazette, of a notice setting forth concisely the object of the by-law and the following statement:

All persons are hereby required to take notice that any one desiring to apply to have the by-law, or any part thereof, quashed, or declared invalid or void, must make his application for that purpose to a judge of the Court of Queen's Bench on or before (here state last date on which application to quash by-law may be made).

Date of notice.

192(3)

The date fixed in the notice shall not be sooner than five weeks after the publication of the first notice in the newspaper.

Validity.

193

Where no application to quash a bylaw, or to have it declared invalid or void, is made on or before the date fixed in the notice of promulgation, or if, an application having been made, the by-law is not quashed or declared invalid or void, or is quashed or declared invalid or void only as to part of it, then the by-law, or so much thereof as is not the subject of any such application or is not quashed or declared invalid or void upon such an application, and so far as it deals with anything within the competence of the council, is a valid by-law, notwithstanding any want of substance or form, either in the by-law itself or in the time or manner of passing and voting upon it.

Unreasonableness.

194

A by-law passed by a municipal council in the exercise of any of the powers conferred by, and in accordance with, this Act, and in good faith, is not open to question, and shall not be quashed, set aside, or declared invalid or void, either wholly or partly, on account of the unreasonableness or alleged unreasonableness of its provisions or of any of them.

Subdivision II

QUASHING

Definitions.

195

In sections 196 to 199

"by-law" includes an order or resolution; ("arrêté")

"judge" means a judge of the Court of Queen's Bench. ("juge")

Quashing by-laws.

196(1)

Where any person interested in a bylaw of a municipality applies to a judge, and produces a copy of the by-law, certified under the hand of the clerk and under the corporate seal of the municipality, and shows by affidavit that the copy was received by him from the clerk, and that the applicant is so interested, the judge, not earlier than 10 days after the applicant has served on the clerk a notice of motion to quash the by-law, may, by his order, quash the by-law in whole or in part, for want of jurisdiction on the part of the council, or bad faith, and, according to the result of the application, award costs for or against the municipality.

Appeal.

196(2)

The applicant may appeal to The Court of Appeal against the order of the judge in like manner as in the case of any other order made by the judge.

Limitation as to time.

197(1)

Subject to subsections (2) and (3) and section 198, where three months have elapsed since the passing of a by-law,

(a) no application under section 196; and

(b) no application to the Court of Queen's Bench for a declaratory judgment or order that a bylaw is invalid or void;

shall be made to, or entertained by, the court.

Exception.

197(2)

In the case of a by-law that required the assent of the electors or resident electors but was not submitted to them or did not receive their assent, an application to which clause (l)(a) or (b) applies may be made at any time.

By-law imposing tax.

197(3)

Where a by-law by which a tax is imposed has been promulgated and two weeks have elapsed since the promulgation, no application to which clause (l)(a) or (b) applies shall be made to, or entertained by, the court.

Bad faith.

198

Any by-law, the passing of which has been procured through, or by means of, bad faith, may be quashed upon an application to be made as herein provided.

Municipality liable.

199

Where a by-law is invalid, in whole or in part, and anything has been done under it that, by reason of the invalidity, gives any person a right of action, no such action shall be brought until one month has elapsed after the by-law has been quashed or repealed, and until one month's notice in writing of the intention to bring the action has been given to the municipality; and every such action shall be brought against the municipality alone, and not against any person acting under the by-law.

Subdivision III ENFORCING

Compelling performance.

200

Where a municipality has authority to direct, by by-law or otherwise, that any matter or thing be done by any person, it may also, by the same or another by-law, direct that, in default of its being so done, it shall be done at the expense of the person in default; and it may recover the expense thereof with costs by action or distress, or may levy it against the property respecting which the matter or thing was done and recover it in like manner as taxes in arrear.

Court order enforcing by-law.

201

Any by-law of a municipality may be enforced, and the contravention of any provision thereof restrained, by the Court of Queen's Bench upon action brought by the municipality, whether or not any penalty is imposed for the contravention; and it is unnecessary for the Crown, or the Attorney-General, or any other officer of the Crown, to be a party to the action.

Subdivision IV

OFFENCES AND PENALTIES

General offence and punishment.

202(1)

Every person who contravenes, or refuses, neglects, omits, or fails, to obey or observe, any provision of any by-law of a municipality, is guilty of an offence and, if no other penalty is imposed therefor in the by-law, is liable to a fine not exceeding $500. or to imprisonment for a term not exceeding one month, or to both.

Continuing offence.

202(2)

Where the contravention, refusal, neglect, omission, or failure, continues for more than one day, the person is guilty of a separate offence for each day that it continues.

Summary Convictions Act.

202(3)

Section 5 of The Summary Convictions Act applies to every offence of contravening or failing to comply with, and to every violation of a provision of a by-law of a municipality.

PART IV

MUNICIPAL PROPERTY AND MANAGEMENT

DIVISION I

ACQUIRING AND DISPOSING OF LAND AND PERSONAL PROPERTY

GENERALLY

Definition of land.

203(1)

For the purposes of this Part, "land" includes an easement over or in respect of land, and any other right in the nature of such an easement.

Power to acquire land.

203(2)

A municipality may by by-law

(a) acquire by lease, purchase, gift or otherwise land or an interest therein that the council may deem necessary for the purposes of the municipality;

(b) for cash, on terms or in exchange for other land or other consideration and on such terms as the council may decide, dispose of any land or interest therein owned by the municipality by way of lease or, if the council deems that the land or interest is no longer necessary for the purposes of the municipality, by sale by way of private sale, tender or auction; and

(c) after obtaining the approval of the board

(i) acquire by purchase, gift or otherwise, land for the purpose of development and resale,

(ii) develop the land so acquired, and

(iii) sell the land so acquired either before or after development.

Accepting mortgages.

203(3)

A municipality may accept and register mortgages on land disposed of as security for the whole or part of the consideration thereof.

Execution of leases.

203(4)

A municipality may, by by-law, specify the manner of execution of any lease, transfer, agreement or sale, notice of cancellation or other document required in the exercise of powers granted in this section.

Restriction on power to expropriate.

203(5)

The power granted to a municipality to acquire land for any of its purposes does not include the power to expropriate land unless that power is expressly given.

Power to take options.

203(6)

A municipality may, by resolution, take options in its own name or in the name of an agent for the acquisition of land, and the municipality may or may not exercise the option, as the council decides.

Acquisition of additional land.

203(7)

Where a municipality has power to acquire land for any purpose, it may acquire not only the land required for that purpose but also any land in addition thereto the whole of which is within 300 feet thereof and which the council deems it advantageous to acquire in connection therewith.

Acquisition at lower net price.

203(8)

Where a municipality, in acquiring land for any of its purposes finds that by acquiring a quantity that is larger than required, and disposing of the excess, it can acquire the amount of land required at a lower net price or otherwise with more advantage to the municipality, it may acquire the extra land and dispose of it in due course.

Land outside municipality.

203(9)

Subject to section 208, a municipality may acquire and hold for use of the municipality land situated outside the municipality.

Jurisdiction.

203(10)

Subject to subsection 208(4) and to The Planning Act, the land acquired by a municipality that lies in another municipality is subject to the jurisdiction of the municipality acquiring the land as if it formed a part thereof; but nevertheless the land is subject to assessment and taxation by the municipality in which it lies.

Disposal of park land.

203(11)

Notwithstanding subsection (2), no land owned by a municipality and used for park purposes or acquired by the municipality for park purposes shall be disposed of without complying with subsection 77(2) of The Planning Act and the approval of at least 2/3 of the members of the council.

Power to acquire personal property.

204(1)

Subject to subsection (2), a municipality may by resolution acquire by lease, purchase, gift or otherwise any personal property deemed necessary and in the best interests of a municipality.

Approval of minister to.

204(2)

A municipality shall not enter into a lease of personal property that includes an option to purchase or a right to purchase or that provides for the transfer of property at the end of the term of the lease, or enter into an agreement to purchase personal property over a period of years, where the total consideration payable by the municipality under the lease, option or agreement, or any of them, exceeds $5,000., unless a by-law authorizing the lease or agreement has been approved by the minister in writing.

Erection of buildings.

205

Subject to any planning scheme in force in the municipality, a municipality may erect, repair, renovate, improve, and maintain, on property owned by it, or held by it under lease, any building or structure that the council thereof deems

(a) to be necessary for the purposes of the municipality; or

(b) will facilitate the exercise of the powers of the municipality or the discharge of the duties thereof.

Lease of property.

206(1)

A municipality may lease any real or personal property owned by it if found to be unnecessary for the purposes of the municipality.

Sale of property not required.

206(2)

A municipality may sell by public sale, or by auction, or, by private sale, for cash or on terms, or for other land taken in full or part settlement of the purchase price, or for other consideration, any real or personal property, or any interest therein, owned by it if it is found to be unnecessary for the purposes of the municipality.

Mortgages as consideration for land sold.

206(3)

A municipality may accept and register mortgages on real property disposed of, as security for the whole or part of the consideration therefor, and may sell or otherwise dispose of any such mortgage.

Execution of documents.

206(4)

The council thereof may specify how a lease, transfer, agreement for sale, notice of cancellation, or other document required in the exercise of the powers therein granted, shall be executed.

DIVISION II EXPROPRIATION

Meaning of power to expropriate.

207(1)

Subject to section 208, where under this Act or any other Act, a municipality is granted the power to expropriate land, it shall be conclusively deemed to have power to enter on, take, and expropriate the land without the consent of the owner thereof.

Application of Expropriation Act.

207(2)

The Expropriation Act applies to all proceedings for the expropriation of land by a municipality.

By-law for expropriation.

207(3)

Where a municipality has power to acquire land by expropriation, it shall commence expropriation proceedings by passing a by-law for the purpose.

Land to be described in by-law.

207(4)

A by-law for expropriating land shall contain a description of the land by reference to a plan or otherwise; and, if it is proposed to expropriate an easement or other right in the nature of an easement, then of the easement or right to be expropriated.

DIVISION III

ACQUISITION OF LAND OUTSIDE MUNICIPALITY

Acquisition.

208(1)

Subject to subsection (6) a by-law of the council of a municipality passed for the purpose of acquiring, by expropriation or any other means, land that lies in another municipality has no force or effect unless approved by the board on application by the council of the municipality proposing to acquire the land or the council of the municipality in which the land lies has, by resolution, given its consent to the acquisition of the land.

Notice of hearing.

208(2)

Before considering an application under subsection (1), the board shall cause the municipality proposing to acquire the land to publish, in a newspaper having a circulation in the district in which the land is situated, a notice stating that, at a time and place fixed in the notice, the board will hear representations respecting the proposed acquisition; and the municipality proposing to acquire the land shall send by mail or deliver a copy of the notice to the municipality in which the land is situated, and to each person appearing, by the certificate of title or other registrations respecting the title to the land, to have an interest therein, or of whose interest therein it has notice.

Hearing and decision.

208(3)

At the time and place fixed in the notice, the board shall sit and hear representations by or on behalf of the municipality desiring to acquire the land, and the municipality in which the land lies, and any other person desiring to be heard; and, in making its decision to approve or reject the application, the board shall take into consideration all representations made, and shall base its decision on what it deems to be a just and reasonable regard for the interests of all concerned, having in mind the circumstances of the case, the need for, and urgency of, the proposed acquisition, the practicability of the acquirement and use of other land for the purposes of the municipality in place of the land proposed to be acquired, and any alternative method of dealing with the matter.

Jurisdiction.

208(4)

Notwithstanding any other provision herein, in making its decision on an application under subsection (1), the board may, by its order, direct which of the respective municipalities concerned shall thereafter have jurisdiction and authority, with respect to the land affected, regarding any and all matters as to which a municipality has, under this Act, jurisdiction and authority including, without restricting the generality of the foregoing, the use thereof; and the order of the board has the force of law.

Finality of decision.

208(5)

The board has an absolute discretion in making its decision which is final and not subject to review.

Exception.

208(6)

This section does not apply to the acquisition of land by a municipality jointly with the municipality in which the land is situated.

DIVISION IV

POSSESSION OF LAND ADVERSELY HELD

Notice to vacate.

209(1)

Where any person

(a) is, or continues, in adverse possession of land belonging to a municipality; or

(b) refuses or fails to vacate or cease using, possessing, or occupying, any such land; or

(c) refuses or fails to deliver up possession of any land belonging to a municipality after his right to use, possess, or occupy it has been cancelled;

the municipality may serve that person with a notice calling upon him forthwith to vacate and cease using, possessing, or occupying the land, and to deliver up possession thereof to the municipality.

Summons for order for possession.

209(2)

Where a person defaults in complying with the terms of such a notice for ten days after the date of service thereof, the municipality may obtain from a judge of the Court of Queen's Bench, a summons directed to that person to show cause why an order should not be made for removing him from the land and putting the municipality in possession thereof; and the summons shall be returnable not less than seven days after service.

Order for possession.

209(3)

Where, upon the return of a summons served under subsection (2), it appears that the person has not vacated the land or ceased using, possessing, or occupying it, or has not delivered up possession of it, and if he fails to show good cause to the contrary, the judge shall make an order directing the sheriff, bailiff, constable, or other person named in the order, forthwith to remove the person from the land, and to put the municipality in possession thereof.

Execution of order by officer.

209(4)

The officer or other person to whom the order is directed shall forthwith remove from the land the person named in the order and also all members of his family and all other persons who, under his authority, direction, or permission, are using or occupying the land; and in the execution of the order the officer or other person may employ such force, and take with him such assistance, as is necessary for the purpose.

Service of summons.

209(5)

Service of the notice or summons is sufficient if a copy thereof is left with an adult person on the land; or, where no adult person is found on the land, if a copy is put up in a conspicuous place thereon.

Penalty for breach.

209(6)

Any person remaining upon the land of a municipality or returning thereto, or assuming any right of possession or occupancy or use thereof, after having been ordered to vacate the land or having been removed therefrom under this section, is guilty of an offence and is liable to a fine of not more than $500., or to imprisonment for a term not exceeding six months, or to both.

DIVISION V

ENTERING LANDS FOR SURVEY PURPOSES

Entry on land for surveys.

210

Notwithstanding the fact that a municipality may not require the land, it may enter upon any land for the purpose of making a survey or taking levels or for the purpose of making an appraisal as to value in connection with any actual or proposed work or other purpose of the municipality.

PART V

MUNICIPAL SERVICES DIVISION I

TRANSPORTATION

Subdivision I

INTERPRETATION

Definitions.

211

In this Division,

"Crown timber" means Crown timber as that expression is defined in The Forest Act; ("bois de la Couronne")

"highway" means, unless otherwise expressly stated, a highway over which a municipality has jurisdiction, and where the context so requires, includes part of such a highway; ("route")

"land" in addition to the meaning given thereto in section 2, includes any estate or interest in, or lien or charge upon, any land; ("bien-fonds")

"mineral" means a mineral as that expression is defined in The Mines Act; ("minéral")

"owner" means any person who is the owner of any estate or interest in land or of any mortgage, encumbrance, lien, or charge thereon, and includes his assignee and the legal personal representative of such an owner or person, if deceased. ("propriétaire")

Subdivision II

HIGHWAYS GENERALLY

Title to highways.

212(1)

Notwithstanding any provision of this Act or any other Act unless expressly otherwise provided therein; and notwithstanding that a title under The Real Property Act has issued to a municipality, but subject to subsection (2) and sections 213, 214, 215, 216 and 217, title to the freehold of the land upon which a highway, or any part thereof, is situated, is vested in the Government of Manitoba, and no title under The Real Property Act shall issue to any municipality in respect of the land upon which any highway, or part thereof, is situated.

Rights previously reserved.

212(2)

Nothing in subsection (1) affects the rights of

(a) any person who, in conveying the title to any land to be used as a highway, or part of a highway, has reserved from the conveyance

(i) the ownership of mines and minerals in the land conveyed; or

(ii) any easement, or right in the nature of an easement with respect to that land; or

(b) any person claiming under a person to whom clause (a) applies.

Approval of plan for highway.

212(3)

A municipality may pass a by-law approving a plan for a highway or a proposed highway.

Expropriation for highway.

212(4)

A municipality may acquire, by expropriation or otherwise, lands required for a highway.

Effectiveness of plan.

212(5)

A plan approved under subsection (3) is not effective unless a copy thereof

(a) is filed under The Expropriation Act; or

(b) forms part of a declaration of expropriation registered under The Expropriation Act.

Certificate of title.

212(6)

Subject to subsection (7), title shall be issued in the name of the government for all land under The Real Property Act authorized to be acquired as additional land in connection with highway openings, by virtue of any by-law of the municipality a certified copy of which has been registered in the proper land titles office before the coming into force of this Act.

Title previously issued.

212(7)

Where, before January 1, 1971, title to the land on which any highway is situated was vested in, or title thereto was issued in the name of, a municipality, title to that land is vested in the government, subject to subsection (2), and sections 213, 214, 215, 216 and 217 but it is not necessary, in such cases, to cancel a certificate of title so issued or to issue a new certificate of title for the land, but the certificate of title so issued shall be deemed to be subject to this subsection.

Certification of plan.

212(8)

A plan to which reference is made in this section is not valid unless certified to be correct by a duly qualified Manitoba land surveyor; and the plan shall contain such further information as is required by the Examiner of Surveys of the land titles office.

Opening and dedication of highways.

212(9)

Where a municipality approves a plan under subsection (3), the by-law shall state whether the lands shown on the plan as required for the highway are to be opened and dedicated to the public use as a highway upon

(a) the filing of the plan under The Expropriation Act; or

(b) the registration under The Expropriation Act or the declaration of expropriation of which the plan forms a part;

or is not thereby opened and dedicated as a highway.

Application of section.

212(10)

This section applies to all by-laws for opening highways.

By-law opening and dedicating highway.

212(11)

Where lands required for a highway and shown on a plan approved under subsection (3) are not to be opened and dedicated to the public use as a highway upon

(a) the filing of a plan under The Expropriation Act; or

(b) the registration under The Expropriation Act or the declaration of expropriation of which the plan forms a part;

the municipality shall pass a by-law when the lands are to be opened and dedicated to the public use as a highway indicating the date of the opening and dedication and shall file a statement with respect thereto as required under The Expropriation Act.

Jurisdiction and right to use highways.

213(1)

Notwithstanding The Crown Lands Act, but subject to subsection (2) and to The Highway Traffic Act and The Highways and Transportation Department Act and subject as herein expressly otherwise provided, every municipality has jurisdiction over and with respect to, and the right of use, possession, and occupation of, that part of every highway that lies within the municipality and the land upon which it is situated.

Right to possession.

213(2)

Subject to The Expropriation Act, a municipality may enter into, and take possession of, and use, land required for a highway and shown on a plan

(a) that has been filed under The Expropriation Act; or

(b) that forms part of a declaration of expropriation registered under The Expropriation Act.

Certain rights preserved.

213(3)

Nothing in subsection (1) affects any rights of jurisdiction over, and use, possession, and occupation of, a highway that are possessed by

(a) the government or the Minister of Highways and Transportation, with respect to departmental roads as defined in The Highways and Transportation Department Act, under that Act or The Highway Traffic Act; or

(b) The Manitoba Hydro Electric Board, The Manitoba Telephone System, or any other Crown agency, under The Manitoba Hydro Act, The Manitoba Telephone Act, or any provision expressly referring to them or any of them, in any other Act; or

(c) any person

(i) upon whom any of such rights are expressly conferred under any Act; or

(ii) to whom subsection 212(2) applies.

Space above and below highways.

213(4)

Notwithstanding subsection 230(1) but subject to subsection (5), a municipality, including The City of Winnipeg, may enter into, and carry out, agreements with any person whereby the municipality may permit the use of air space above, and space below, the established grade level of any highway on terms provided in the agreement.

Approval of Public Utilities Board.

213(5)

An agreement made under subsection (4) to permit any person to install, operate or maintain a distribution system, including a cable television distribution system, is of no effect unless that person has obtained the approval of The Public Utilities Board to install, maintain or operate the system.

Effect of agreement on liability.

213(6)

An agreement made by a municipality under subsection (4) does not affect the liability of the municipality in respect of a highway.

Removal of Crown timber.

214(1)

Subject to subsections (2) and (3), and to sections 239, 240, 241, and 242, no municipality or other person except the government shall, unless with the written consent of the Minister of Natural Resources, remove any Crown timber or minerals found or being in, upon, or under any highway.

Removal by municipality.

214(2)

A municipality or any person duly authorized by it may remove and dispose of any grass, hay, brush, or weeds found or being upon any highway, or part thereof, within the municipality.

Sand and gravel.

214(3)

A municipality may remove sand and gravel found or being upon or under a highway and use it for the construction, maintenance, or repair of that or any other highway in the municipality; but subject to subsection (4) shall not sell any such sand or gravel.

Prohibition.

214(4)

Except with the written consent of the Minister of Natural Resources, no municipality or other person shall sell any Crown timber or minerals found or being in, upon, or under any highway.

By-laws.

215(1)

Subject to subsections (2) and (3) the council of a municipality may pass by-laws

(a) for opening, establishing, making, preserving, maintaining, improving, constructing, repairing, widening, or enlarging, any highway; or

(b) for altering or diverting, any highway; or

(c) for closing any highway; or

(d) for leasing any closed highway;

(e) for selling and conveying to any person, or vesting in the municipality the title to, the land upon which is situated any highway that has been closed;

(f) subject to The Water Rights Act, for acquiring by expropriation or otherwise, entering upon, and using, any land in or adjacent to the municipality for the purposes of providing drainage for any highway or an outlet for any such drainage, subject to the payment of compensation to persons who suffer injury therefrom;

(g) for acquiring

(i) by purchase or lease, or in any manner including expropriation, land within the municipality; or

(ii) in the case of a city, town or village, by taking and expropriating it, land outside the municipality;

if the acquisition of the land is necessary in order that the municipality may procure therefrom sand, gravel, stone, or earth required for use by it in constructing, maintaining, improving, or repairing highways;

(h) subject to any restrictions herein set out, for entering upon, breaking up, acquiring by expropriation or otherwise, or using any land that is in any way necessary or convenient for doing anything authorized under clause (a), (b), or (f);

(i) for preventing or removing any obstruction on a highway;

(j) for preserving timber, trees, grass, stone, minerals or other material of any nature or kind found or being in, upon, or under any highway;

(k) for granting aid to any other municipality for opening, making, maintaining, widening, raising, lowering, or otherwise improving, any highway outside the municipality so granting aid; and for entering into and for forming any arrangement with that other municipality for executing, at their joint expense, and for their joint benefit, any work within the jurisdiction of the municipality;

(l) for setting apart so much of any highway as it deems necessary for the purposes of a footpath or sidewalk, and for imposing penalties on persons travelling thereon on horseback or bicycles, or in vehicles or other conveyances;

(m) for entering into and upon, and occupying, land that is adjacent to a highway and, erecting thereon snow fences or ridging snow, for the purpose of preventing the highway from becoming blocked by snow, and for entering upon the land for the purpose of maintaining, repairing, removing, or replacing, a snow fence or ridge of snow; but subject in all cases to compensation by the municipality for damage caused by ridging the snow; or

(n) for entering into an agreement with the owner of land adjacent to a highway for the planting of hedges, shrubs, or trees, on the land in order to prevent snow or soil drifting on to the highway, and for entering into an agreement with the owner of land adjacent to a highway for the removal of any tree, shrub, brush, hedge, fence, or other object planted or erected upon that land where the municipality considers that the tree, shrub, brush, hedge, fence, or other object, causes the drifting of snow or soil and an accumulation thereof on the highway;

(o) for installing, maintaining, and regulating parking meters on highways, and fixing the fee to be charged for parking a vehicle on a highway adjacent to a parking meter;

notwithstanding that the title to the land upon which the highway is situated is vested in the Government of Manitoba.

Notice of certain by-laws.

215(2)

Before passing a by-law under clause (l)(c) or (e)

(a) a notice of the proposed by-law shall be published at least once a week for four successive weeks, and a similar notice shall be posted up for at least one month in at least four of the most public places in the immediate neighbourhood of the highway; and

(b) the council shall hear in person, or by agent, any person who claims that his land will be prejudicially affected by the by-law and who applies to be heard.

Clerk to give notices.

215(3)

The clerk shall give the required notices, upon payment by the applicant, if any, for the by-law, of the reasonable expenses to be incurred in so doing.

Off-street parking.

215(4)

A municipality may

(a) acquire by purchase, lease, expropriation or otherwise, land that is not part of a highway for the purpose of providing accommodation to the public, with or without charge, for the parking of vehicles and provide facilities and works on, and make improvements to, the land for that purpose;

(b) operate parking sites on lands acquired under clause (a) or on any other land owned or leased by the municipality; and

(c) regulate the parking of vehicles on parking sites operated under clause (b);

and, if the council of the municipality by by-law so provides, the acquisition of the land, the provision of the facilities or works, the making of the improvements and the operation of the parking sites may be done as a local improvement under Part XI.

Ingress and egress preserved.

215(5)

No municipality shall close any highway, whereby any person will be excluded from ingress or egress to and from his lands or place of residence, unless, in addition to compensation, it also provides for the use of that person some other convenient way of access to his lands or residence.

Approval of by-laws by minister.

215(6)

A by-law passed under clause (1)(a), (b), (c), (f), or (h) has no validity or effect unless the minister has approved it by written order.

Approval of Minister.

215(7)

A by-law passed under clause (1)(e) that purports to authorize the sale, conveyance or vesting

(a) of mines and minerals or either; or

(b) of land that was set aside as a road allowance under the Dominion Government Survey;

has no validity or effect unless before final passing thereof the member of the Executive Council charged with the administration of Crown lands has approved it by written order.

Title to mines and minerals.

215(8)

Where a municipality passes a by-law under clause (l)(e), unless the by-law purports to authorize the sale, conveyance or vesting of mines and minerals or either and has been approved under subsection (7), the title to the mines and minerals remains vested in the government.

Notice of closing.

215(9)

Where a municipality passes a by-law under clause (l)(b), (c), or (e), the clerk of the municipality shall forthwith send a copy of the bylaw to the member of the Executive Council charged with the administration of provincial roads.

Conveyance of closed highway.

215(10)

Subject to subsections (7) and (8), notwithstanding that the title to the land was vested in the Crown, a conveyance or transfer of land to a person made by a municipality pursuant to a by-law passed under clause (1)(e) vests in the person the fee simple in the land intended to be or purporting to be conveyed or transferred; and the district registrar shall upon registration thereof issue a certificate of title to the person.

Registration with conveyance.

215(11)

Before a conveyance or transfer of land to a person made by a municipality pursuant to a by-law passed under clause (1)(e) is registered, the municipality or the person shall register a certified copy of the by-law in duplicate together with any approval required under subsection (7) or (8).

Approval of lease.

215(12)

A by-law passed under clause (1)(d) has no validity or effect unless

(a) the lease is in a form approved by the minister; and

(b) the lease is filed with the department of the executive government of the province, the chief administrative officer of which is the member of the Executive Council charged with the administration of Crown lands.

Sale of closed highway.

215(13)

The land upon which any highway closed or altered was situated, except where vested in the municipality, shall be offered for sale as in this section provided.

Offer to adjoining owners.

215(14)

A municipality shall not sell, at any stated price, the land previously occupied by a highway to persons other than the owner of the adjoining land, without first offering it to that owner at the same or a smaller price.

Compensation not payable.

215(15)

No person is entitled to rent or other compensation whatsoever in respect of an entry or occupation effected under clause (l)(m), except for damage caused by ridging snow.

Obstruction.

215(16)

A person who obstructs or interferes with an engineer, agent, workman, or servant, of the municipality, engaged in exercising on behalf of the municipality any power conferred by clause (l)(m), or who takes down, removes, or otherwise interferes with, a snow fence erected under the authority of that clause, is guilty of an offence and is liable to a fine of not more than $50.

Pre-existing rights.

215(17)

Nothing in this section affects the rights of any person that he has on the coming into force of this Act.

Plan of highway to be opened.

216(1)

Every by-law passed under clause 215(1)(a), (b), (f) or (h) shall approve, and shall be accompanied by or have attached thereto three copies of a plan certified by a Manitoba land surveyor, showing the location and site of the land affected by the by-law, and at least one blueprint of the plan; and each plan shall be approved by the minister before being registered in the land titles office.

Plan of highway being closed.

216(2)

Where a by-law passed under clause 215(1)(c) is submitted to a district registrar of a land titles office for registration, the district registrar may require a plan certified by a Manitoba land surveyor showing the location and site of the land affected by the by-law to be filed with the by-law.

Where plan deemed approved.

216(3)

Where a by-law is passed under clause 215(1)(a), (b), (f) or (h) any plan accompanying it or attached thereto shall be deemed to be approved by the by-law.

Road by-laws legalized by L. G. in C.

216(4)

The Lieutenant Governor in Council may, in any case in which it seems proper, authorize, approve, or legalize the action of a municipality dealing with, or attempting to deal with, any of the matters set forth in the clauses 215(1)(a) to (f), notwithstanding that the council of the municipality has, or has not, duly passed a bylaw authorizing the action, or the minister or the Minister of Natural Resources has refused to approve it.

Validity of by-law and plan.

216(5)

Where a by-law or plan relating to any of the matters mentioned in subsection (4) has been so approved or legalized, the by-law or plan is valid notwithstanding any defects therein, or in the proceedings necessary to be taken prior to the passing thereof, and notwithstanding that the bylaw or plan is not approved by the minister or the Minister of Natural Resources or authorized by this Act.

Existing rights preserved.

216(6)

Where the land upon which a highway was situated is sold, conveyed, or vested, pursuant to clause 215(l)(e) or leased pursuant to section 217, the sale, conveyance, vesting, or lease is subject to any easement or right of occupation or use existing, at the time the highway is closed or altered, in favour of the owner of any public utility as that expression is defined in The Public Utilities Board Act.

Substitute road to be provided.

216(7)

A person purchasing land upon which part of an altered highway or a closed highway was situated may, as a term of the sale, be required to pay the expense of opening up, or providing, a new highway in lieu of the one so sold.

New road to be approved.

216(8)

The new highway shall be approved by the municipality, and, in any such case, the person purchasing is solely liable for the compensation which a municipality is liable to pay on an expropriation of land.

Leasing land.

217

Where by reason of the closing of a highway, the title to land has become vested in a municipality, or the municipality has acquired the right to sell and convey the land, with or without the mines and minerals therein, the municipality may, as provided in section 206, lease the land for such period as the council deems advisable in the circumstances.

Authority for bridges.

218(1)

Any municipality, if so authorized by a by-law of the council thereof, may construct and maintain a bridge, overpass, underpass, subway, interchange, roundabout, or other structure on, along, over, or under any highway in the municipality where it crosses or meets any other highway or any river, stream, railway, gully, canyon, pit, depression in the land, or other like obstruction, if the council deems that the construction and maintenance thereof is necessary for the convenience of, or would be useful to, the inhabitants of the municipality.

Expenditure of moneys.

218(2)

Where, under any Act of the Legislature or of the Parliament of Canada, or under any regulation or order made pursuant to such an Act, a municipality is required to erect or maintain, or erect and maintain, any trafficcontrol signal or other traffic-control device as those expressions are defined in The Highway Traffic Act, it may expend such amounts as are reasonably necessary to enable it to comply with the requirement.

Owner who donates may be exempted.

219

Where lands are taken or required for any of the purposes mentioned in clauses 215(l)(a) and (b), and any owner donates land to the municipality for the purpose, the council may, in assessing the cost of the improvement, exempt the owner from the whole or any portion of the cost of purchasing any other lands taken or required to be taken for the highway, and may charge the whole or any portion of the cost against the lands from which the purchased lands were taken, in such manner, and in such proportion, as the council deems most equitable, having regard to the lands given and purchased, and the respective advantages accruing to the owners of the various lands benefited by the improvement.

Confirmation of surveys.

220

All surveys of highways made under the authority of the Government of Canada or the Government of Manitoba and the plans thereof, duly certified, are declared to be the surveys and plans of those highways and are confirmed and made valid.

Trespasses in good faith.

221

Where it appears that any municipality within whose jurisdiction an original highway, or allowance for a highway, is situated has opened and improved that which it believes to be the true site thereof, if the municipality and its officers and servants have acted in good faith, and have taken all reasonable means to inform themselves of the correctness of their line and work, and if it appears that the highway being opened, although not, or not altogether, upon the true line of the original highway or allowance for a highway is, nevertheless, as near to, or as nearly upon, the true line as under the circumstances could then be ascertained, no action shall be brought by any person against the municipality or its officers or servants, for or in respect of the opening or improving of the highway or allowance for a highway, or for any other act or matter connected therewith.

Use of private temporary road.

222

Where, in any rural municipality, a part of a duly established highway is, at any season of the year, rendered impassable or difficult for traffic to pass upon, the council may, by resolution, authorize a temporary right-of-way, for public purposes, across and upon private property; and, in that case, the municipality shall pay to the owner or occupier thereof such compensation, for the temporary use of the right-of-way and any damages occasioned thereby, as are amicably agreed upon between the municipality and the person interested, or, in the event of a disagreement, such as is determined by the minister.

Width of highways.

223(1)

All highways other than streets and lanes in subdivided areas, shall, wherever possible, be at least 66 feet wide.

Travelled portions.

223(2)

On all portions of a highway improved for traffic, the municipality shall provide, and make suitable for travel, a width of at least 16 feet; but this subsection does not apply to lanes.

Subdivision III

CONTROL AND USE OF HIGHWAYS

Encroachments and nuisances forbidden.

224(1)

Subject as herein expressly otherwise provided, no person shall make, create, cause, leave, or permit any encroachment or nuisance on or in a highway.

Offence and penalty.

224(2)

Any person who contravenes subsection (1) is guilty of an offence, and is liable to a fine of not more than $100.; and the continuance of the encroachment or nuisance on each day is a separate offence.

Control of.

225(1)

Subject to section 230, a municipality may

(a) prevent, control, permit or license any act, or the placing or maintaining of any thing, on a highway;

(b) prevent or control a nuisance or dangerous condition on or near a highway, and authorize an officer of the municipality to abate or remedy any such nuisance or dangerous condition at the expense of the person causing or permitting it;

(c) subject to subsection (2), remove from a highway anything placed or maintained thereon in contravention of a by-law, or otherwise without lawful authority;

(d) beautify, improve, maintain, and preserve any highway, and construct or operate thereon any work or undertaking deemed by the council to be beneficial to the municipality.

Cost of removal.

225(2)

The removal of anything from a highway as provided in clause (1)(c) except as otherwise herein provided, shall be at the expense of the owner of that thing, or, in the case of a projection from, or object attached to, an adjoining building or land, at the expense of the owner of the building or land.

Damage to streets.

226(1)

Any expense incurred by a municipality in removing any scaffolding, building material, waste matter, or other structure, matter or thing, placed on a highway in connection with the construction of a building on land adjacent thereto, or in making good any damage to a highway or any property of the municipality caused by, or arising out of, any such construction, including subsidence of a highway owing to faulty or insufficient back filling or the use of improper material for back filling in connection with the construction, shall be paid to the municipality by the owner of the land; and the expense, as certified by the municipal engineer, may be recovered by the municipality from the owner by process of law, and may be added to the taxes on the land and collected in the same manner as the general municipal taxes of the municipality.

Indemnifying municipality.

226(2)

A municipality may require a person applying for a permit to use or excavate any part of a highway for, or in connection with, work thereon or on adjacent property, to secure the municipality, by a bond or cash deposit, against any such expense or damage caused by or arising out of the work.

Persons causing obstructions.

227

Where a claim for damages is made against a municipality arising out of an obstruction, structure, encroachment or nuisance, placed, caused or permitted on a highway by a person other than an employee of the municipality, or by the municipality at that other person's request, whether or not pursuant to a permit or agreement with the municipality, or any claim for damages otherwise arising as the result of an act or default on the part of a person other than such an employee is made, the person placing, causing, performing, making, or permitting the obstruction, structure, encroachment, nuisance, act, or default, shall indemnify and save harmless the municipality from all costs, damages, and expenses arising therefrom, or in connection therewith; and, whether or not a claim is made against the municipality in respect thereof, that person is directly responsible for the obstruction, structure, encroachment, nuisance, act, or default to any person, including the municipality, suffering damage therefrom.

Subdivision IV

PRIVATE WORKS ON HIGHWAYS

Meaning of "private works".

228(1)

In this section the expression "private works" includes private roadways, crossings, openings, signs or other advertising devices and other structures constructed, erected, installed or maintained on a highway for the use or benefit of owners or occupants of property adjoining or connected therewith.

Effect of other sections of this Part.

228(2)

Nothing in this section affects the generality of any preceding section of this Part.

Private works on highways.

228(3)

Subject to section 230, a municipality may

(a) permit private works on the highways therein;

(b) prescribe the terms and conditions upon which private works may be installed, constructed, re-installed, reconstructed, maintained or used;

(c) make such annual or other charge for the privilege conferred, and for the use of the private works, as the council deems reasonable; and

(d) enforce the payment of those charges by adding them to, and recovering them in like manner as, taxes payable in respect of the land abutting the particular work;

(e) require that all private works shall comply with the requirements of the municipality as to location, construction, materials, workmanship, and other matters in connection with the installation, construction, re-installation, reconstruction or maintenance thereof;

(f) hear and determine any application by a person seeking to obtain an order varying or cancelling, temporarily or otherwise, any provision of a by-law or regulation relating to the location or size of any private works to be made.

By-laws.

228(4)

Without restricting the generality of subsection (3), the council of any municipality may, subject to The Highways and Transportation Department Act, pass by-laws

(a) for prohibiting or regulating the erection, maintenance, or use, of signs or advertising devices upon or projecting over any highway, unless a licence for the purpose is issued by the municipality;

(b) for prohibiting or regulating the erection, maintenance, or use, of private works in, under, or over any highway, unless a licence for the purpose is issued by the municipality;

(c) authorizing, and making all necessary provisions for the issue of licences for the purposes mentioned in clauses (a) and (b);

(d) for imposing, and requiring the payment to the municipality of, such amounts as the council may fix in respect of such private works, which shall be payable in such manner, as the council thinks fit;

(e) for requiring any person licensed under this section to furnish the municipality with a bond indemnifying it against all claims, demands, actions, suits, and proceedings, and all costs, in respect of any such private works, or their erection, maintenance, or use.

Limitation on actions.

228(5)

A suit, action or proceeding shall not be brought or instituted against a municipality in respect of any damage, loss or injury by reason of the erection, maintenance, or use, of any such sign or device, private roadways, crossings, or openings, or other structures to which clauses (4)(a) and (b) apply, unless it is brought within two years of the suffering of the damage, loss, or injury, and subject to section 235 notice in writing of the damage, loss, or injury, indicating the place where it occurred as well as the nature and cause thereof, has been served upon or mailed to the clerk or head of the municipality within 48 hours of the suffering of the damage, loss or injury; but nothing in this section imposes or implies any liability on the part of a municipality in respect of any such damage, loss or injury, past or future.

Liability for damage.

228(6)

The owner of the land abutting any private works is directly liable to any person, including the municipality, sustaining damages through any cause whatsoever on account of, and shall indemnify and save harmless the municipality of and from all damages and costs caused by or on account of, the installation, construction, re-installation, reconstruction, maintenance, use, or failure to protect or cover, any private works.

Municipality may alter or remove.

228(7)

A municipality may, at any time, reconstruct, alter, or remove any private works in existence on any highway.

Remedies over provided by law.

228(8)

Neither this section nor any permission or privilege in respect of any private works granted by the municipality under this section interferes with any liability created or existing under this Act, or any other Act, or with the remedies over provided by this Act; nor does this section or any such permission or privilege create any vested right in any private works.

Private crossings.

228(9)

The cost of all work done by a municipality in the construction, reconstruction, maintenance, removal, or alteration of a private crossing or roadway or other approach to private property, or of a sidewalk built or improved by an owner, or of any other structure laid or constructed on a highway to serve adjoining land, shall, if the municipality so requires, be paid by the owner of the land fronting thereon upon or before the completion of the work.

Payment.

228(10)

The annual charge, if any, made by a municipality in respect of any private works shall be paid by the owner of the land fronting thereon, forthwith upon demand made by the municipality, and if not so paid, may be added to the taxes on that land and collected in the same manner as the general municipal taxes of the municipality.

Addition.

228(11)

Upon the application of the owner of the land fronting on any private works the municipality may charge the cost of the work, improvement, or structure against the land over a term of not more than 20 years, with interest as in the case of an ordinary local improvement; and the charge shall be added to the taxes on the property and be collected in the same manner as the ordinary municipal taxes of the municipality.

Amounts.

228(12)

In computing the cost to be charged against the land as aforesaid, the municipality may include in the cost the items of expense that would be chargeable against the land in the case of a local improvement.

Application of section.

228(13)

This section applies in respect of any private works whenever installed or constructed.

Subject to The Pipe Line Act.

229(1)

This section and the powers therein conferred on municipalities are subject to The Pipe Line Act, The Gas Pipe Line Act, and The Public Utilities Board Act.

Pipe lines crossing municipal lands.

229(2)

Any municipality may, by by-law, enter into an agreement and grant to any person, the right to lay pipe lines across any highway or over lands owned by it that are designated in the agreement, for the conveying of crude petroleum, petroleum products, or gas, by or through them, subject to such terms and conditions as may be required by the council; but no such right shall be granted to a person distributing and selling natural gas to the inhabitants of a municipality or any part thereof, unless the person complies with section 230.

By-laws to be approved.

230(1)

Save as provided in this section, no municipality shall permit, delegate, or sanction the use of any highway by any person, for any purpose having as its object the promotion or carrying out of private enterprises, without first obtaining the authorization of The Public Utilities Board.

Gas stations and weigh scales.

230(2)

A municipality may, by agreement in writing, permit a person to erect, maintain, and operate, for such period of time, and upon such terms and conditions, as are provided in the agreement, and upon any designated portion of a highway, weigh scales or tanks, pumps, devices, or appliances, for supplying gasoline and oil to motor vehicles, and also subject to such regulations as to the maintenance and operation thereof as the council, by by-law, prescribes.

Removal on demand of municipality.

230(3)

The municipality may, at any time, regardless of the terms of any such agreement, require and compel the permittee at his own expense, to remove the weigh scales, tanks, pumps, devices and appliances from the highway, without making compensation to him for any loss or damage occasioned thereby; and, upon failure of the permittee to remove them when required, the municipality may remove them and hold them until the permittee or someone claiming them, reimburses the municipality for the costs and expenses so incurred; and the cost of the removal is a debt of the permittee to the municipality, which may recover it by action in any court of competent jurisdiction.

Subdivision V

REPAIR OF HIGHWAYS AND LIABILITY THEREFOR

Repair of highways.

231(1)

Subject to subsection (2), each municipality shall keep in a reasonable state of repair every highway, or portion thereof, that is in the municipality.

Exemption from repair.

231(2)

A municipality is not required to keep in repair, or make suitable for use as a road, any land that has been set aside or designated on a plan or otherwise for use as a highway, or as a road allowance for a highway, unless the municipality has, to some degree, improved that land for use as a highway.

Limitation on liability.

231(3)

Where a municipality has not, to any degree, improved for use as a highway land to which subsection (1) applies, it is not liable for loss or damage suffered by any person, by reason of the use of the land as a thoroughfare, by himself or persons under his direction, authority, or control.

Construction of sidewalks.

231(4)

Subject to The Manitoba Hydro Act, The Highways and Transportation Department Act, and The Manitoba Telephone Act, no person other than the municipality shall

(a) construct any sidewalks, poles, or other works that are to be constructed on any highway, including a departmental road within the meaning of The Highways Department Act; and

(b) maintain and repair such sidewalks, poles, and works so constructed or being constructed.

Sewers and watermains on highways.

231(5)

In addition to any authority or right that it has to construct or acquire works as a local improvement, a municipality, as part of, or in connection with, the construction, maintenance, renewal, or repair of a highway, may construct, reconstruct, remove, replace, repair, or relocate any sanitary sewer, storm sewer, or combined sanitary and storm sewer, or subject to The Pipe Line Act, any watermain or water pipe.

Unauthorized acts of others.

231(6)

A municipality

(a) is not responsible for maintaining or repairing any road or thoroughfare constructed or established by any other person; and

(b) is not liable for any loss or damage suffered by any person by reason of any act done, or omitted to be done, by any other person on or in respect of such a road or thoroughfare;

unless the municipality has, by by-law of the council,

(c) opened the road or thoroughfare for public use, and established it, as a highway; or

(d) authorized the act to be done or omitted.

Snow and ice.

231(7)

A municipality is not liable for loss or damage suffered by any person by reason of the overflow of water in sewers, road drains, and ditches, or in sewers, drains, ditches, or watercourses into which they flow, if the overflow is caused by ice or snow obstructions therein or by rainfall that, in the opinion of the court, is, on the evidence, excessive.

Clearing snow.

231(8)

A municipality is not liable for loss or damage suffered by any person by reason of failure to keep a highway cleared of snow.

Liability for non-repair.

232

Where a municipality makes default in keeping in reasonable repair that portion of highway that has been improved for use as a highway by the municipality, in addition to being subject to any penalty provided by law, it is liable for all damages sustained by any person by reason of the default.

Snow or ice on sidewalks.

233

A municipality is not liable for accidents arising from persons falling owing to snow or ice upon the sidewalks, except in the case of gross negligence on the part of the municipality.

Damage to vehicles.

234(1)

No action shall, subject to section 235, be brought to enforce a claim for damage to a vehicle by reason of an accident arising from failure of a municipality to repair a highway,

(a) unless notice in writing of the accident, indicating the place where it occurred as well as the nature and cause thereof, has been served upon, or mailed by registered mail to, the clerk, manager, administrator, or head of the municipality within which the accident happened within 48 hours of the happening thereof; and

(b) unless either

(i) the vehicle alleged to have been damaged is brought within 48 hours to the clerk, manager, administrator, or other officer of the municipality for his examination; or

(ii) in case the vehicle cannot, because of the nature of the accident, be removed, it is left where the accident occurred for the like period of time;

and the clerk, or in his absence, any member of the council, or the manager or administrator, or any two electors of the municipality shall cause the damaged vehicle to be examined forthwith by a competent person, to determine the cause of the accident and the particulars of the alleged damage.

Report of police.

234(2)

Where an accident occurs on a highway by reason of which a vehicle is damaged, if a constable of the municipal police force, or of the Royal Canadian Mounted Police Force,

(a) inspects the scene of the accident and reports thereon; and

(b) has any reason to believe that the accident may have been caused, entirely or partly, as a result of the state of repair of the highway;

he shall, in his report, state the reasons for so believing, and shall give details as to the damage done to the vehicle; and the officer or chief constable to whom the report is made shall forthwith send a copy of the report to the clerk of the municipality.

Report deemed compliance.

234(3)

Where a copy of a report is sent to the clerk of the municipality as required under subsection (2), that shall be deemed to be sufficient compliance with subsection (1).

Notice of claim of other damages.

234(4)

Subject to section 235, no action shall be brought to enforce a claim for other damages arising from failure of a municipality to repair a highway, including a sidewalk, unless notice in writing of the claim and the nature thereof has been served upon, or mailed to, the clerk, manager, administrator, or head of the municipality, within seven days after the happening of the accident of which complaint is made.

Application of conditions.

234(5)

The prerequisites as to notice and limitation of time in bringing action apply whether the liability arises as the result of either misfeasance or non-feasance.

Nuisance.

234(6)

This section applies to an action brought against a municipality for damages occasioned by the presence of any nuisance on a highway.

Effect of failure to comply.

235

In an action to which subsection 228(5) or section 234 applies,

(a) if death results from the accident, neither the want of the notice nor the failure to bring the vehicle for examination or to leave it where the accident occurred is a bar to the action; and

(b) in all other cases, neither the want or insufficiency of the notice nor the failure to bring the vehicle for examination or to leave it where the accident occurred is a bar to the action, if the court before which the action is brought considers that there was reasonable excuse for the want or insufficiency or for the failure, and that the municipality has not thereby been prejudiced in its defence.

Examination of claimant.

236(1)

Subject to subsection (2), a municipality may, at any time after it has received notice of any such claim for damages or become aware that an accident has taken place, and either before or after an action has been begun, examine the claimant or person who met with the accident concerning the accident, and the injury of which complaint is made, and the damages claimed, before a special examiner of the Court of Queen's Bench or a magistrate, who shall administer the appropriate oath to the claimant or person.

Medical certificate.

236(2)

Where a duly qualified medical practitioner, not being the medical health officer of the municipality, certifies that the person who met with the accident is not in a fit state to be examined owing to personal injuries, he shall not be compelled to be examined.

Procedure to be followed.

237

The proceedings leading up to such an examination and in the conduct thereof shall, as far as practicable, be the same as those prescribed for examinations for discovery under The Queen's Bench Act.

Notice to mow weeds.

238(1)

Where a municipality finds upon either side of a highway improved by the municipality for use as a highway, between the travelled portion of the highway and the boundary line of the highway on that side thereof, any weeds or grass that may cause the drifting of snow and an accumulation thereof on the travelled portion of the highway, the council of the municipality may, by by-law, designate a date by which the weeds or grass shall be mowed, and provide for notice in writing to be given to the owner of the land contiguous to the half of the highway on which the weeds or grass are found, requiring him to mow the weeds or grass.

Work at expense of owner.

238(2)

Upon the failure of the owner to mow the weeds or grass within the time specified in the notice, the municipality, by its agent, workman, or servant, may, at the expense of the owner of the land contiguous to the half of the highway on which the weeds or grass are found, enter upon the highway and mow the weeds or grass; and the municipality may recover, by action or distress, the expense of mowing the weeds or grass with costs from that owner, or may levy a tax for the expense thereof against that owner and collect it in the same manner as other taxes in arrears.

Subdivision VI

TREES ON HIGHWAYS

Application of secs. 240 to 244.

239(1)

This section and sections 240 to 244 apply in respect only of highways that have been opened and improved for use.

Tree planting on highways.

239(2)

The council of any municipality may pass by-laws permitting any person owning land adjacent to a highway to plant trees, hedges, shrubs, or saplings, and to fence them in, on the portion thereof contiguous to his land, but not extending more than eight feet therefrom; and any such by-law shall make provision for the protection of all survey posts, mounds, or monuments, and that no tree, hedge, shrub, or sapling, will be a nuisance on the highway or obstruct the reasonable use thereof or any sidewalk thereon.

Trees property of municipality.

239(3)

Every tree, hedge, shrub, or sapling, so planted in, or growing upon, any highway shall be deemed to be the property of the municipality; and the council may make and enforce by-laws concerning the planting, preservation, and maintenance thereof.

Removal by municipality.

240

A municipality may cause any tree, hedge, shrub, or sapling, growing or planted on a highway to be removed, if and when the removal is deemed necessary for any purpose of public improvement in connection with the highway, or any case of failure of the owner of adjacent land to comply with the terms of any by-law relating thereto.

Consent to removal.

241

No tree, hedge, shrub, or sapling, to which section 240 applies in a city, town or village shall be removed as provided in that section unless one month's notice of the proposed removal is given to the owner of the adjacent land; and neither that owner nor any other person, unless so authorized by law, shall remove, cut down, or injure any such tree, hedge, shrub, or sapling, for any cause or reason, without the express written permission of the municipality.

Removal of trees at railway crossing.

242(1)

A municipality may enter upon any land upon either side of a highway that crosses a trail level a line of railway, and fell and remove any trees, hedges, shrubs, saplings, or other obstructions that, in the opinion of the council, prevent persons upon the highway, and at any place within 100 yards of the railway right-of-way, from having a clear and unobstructed view of trains approaching the crossing; and for any such purpose the council may fix, and order payment of, such compensation to the owner of the land as it deems just.

Trees at intersecting highways.

242(2)

A municipality may. enter upon any land upon either side of a highway that intersects another highway, or that intersects a departmental road as defined in The Highways and Transportation Department Act and fell or remove any trees, hedges, shrubs, saplings, or other obstructions that, in the opinion of the council, prevent persons upon the highway, and at any place within 100 yards of the intersection, from having a clear and unobstructed view of traffic approaching the intersection; and for any such purpose the council may fix, and order payment of, such compensation to the owner of the land as it deems just.

Trees on adjoining land.

242(3)

A municipality may enter on any land adjacent to a highway, for the purpose of causing any tree, hedge, shrub, or sapling, growing or planted thereon, to be trimmed at the expense of the owner when deemed necessary for the convenient use of the highway, or for the safety of traffic thereon, without being liable in damages or for compensation therefor; and the council may levy and collect the cost of such trimming, as certified by the superintendent of public works or other appropriate officer of the municipality, in the same manner as taxes levied against the land on which the tree, hedge, shrub, or sapling is situated.

Injuring trees.

243

Any person who ties or fastens any animal to, or, contrary to this Division, injures, destroys, or removes, any tree, hedge, shrub, or sapling growing or planted on any highway, or who receives it knowing it to have been so removed, is guilty of an offence and is liable to a fine of not more than $10.

Municipality may plant trees.

244

Any municipality may expend money in the planting and preserving of shade and ornamental trees upon highways, and also may grant sums of money to any person to be expended for that purpose or for the purpose of encouraging the planting of trees of any kind whatever on land belonging to residents within the municipality.

Subdivision VII

REGULATION OF HIGHWAYS

By-laws.

245(1)

The council of any municipality may pass by-laws

(a) for establishing a system, under the control of the engineer of the municipality, applicable to the whole or any portion of the municipality, of making and refilling excavations in paved, macadamized, or planked highways or under sidewalks, whether the excavations are for the purpose of putting in sewers or of laying gas, steam, or water pipes, or for making connection therewith for houses or other buildings;

(b) for the doing or making by the municipality of all or any of the work or excavations mentioned in clause (a);

(c) for charging to corporations supplying gas or oil, or operating a waterworks, sewerage system, or steam heating system, or to other corporations or persons for which or whom, the connections are made, the cost of making any of the connections pursuant to clause (b);

(d) for compelling persons to remove all snow and ice from the roofs of the premises owned or occupied by them, and to remove and clear away all snow, ice, dirt, and other obstructions from the sidewalks and highways adjoining such premises;

(e) providing for the cleaning of sidewalks and highways adjoining vacant property belonging to non-residents or to persons who, for 24 hours, neglect to clean them;

(f) for directing the removal of doorsteps, porches, railings, hoardings, bill boards, sign posts, sign boards, projecting advertising signs of whatever material composed, or other erections or obstructions projecting into or over any highway, or placed or situated so near to the line of any highway as to be unsafe to persons passing along the highway;

(g) for preventing, regulating, and removing barbed wire, buckthorn, and other similar fences along or near highways;

(h) upon petition of not fewer than three-fifths of the ratepayers in any section of the municipality, for taxing the ratepayers residing therein, in any sums necessary, to meet the expense of sweeping and watering the highway in that section, or treating it with oil or any other preparation for the suppression of dust;

(i) for preventing horses or other animals shod with metal shoes from being driven, ridden, or led on a paved highway including any sidewalk;

(j) subject to subsection (4), for authorizing and assigning stands on a highway for taxicabs or other vehicles kept for hire, and for authorizing the erection and maintenance on a highway of covered stands or booths for the protection and shelter of the drivers of such vehicles;

(k) for preventing or regulating and licensing the use of bicycles, tricycles, and other similar machines or vehicles on highways; and for providing for the impounding, for a period not exceeding 30 days, of any such bicycles, tricycles, and other similar machines or vehicles for any infraction of the regulations or failure to pay any licence;

(l) for setting apart so much of any highway as the council deems necessary for the purposes of a bicycle path, and for providing penalties for use thereof or trespass thereon by vehicles, horses, and cattle;

(m) for preventing and regulating the use or occupation of a part of a highway by builders in erecting buildings or structures of any kind, the character of the scaffolding to be used, and the fences and barriers to be kept up for the protection of the public during building operations, and for requiring a cash deposit or other security against damage or injury to the sidewalks or other property of the municipality or the public, arising therefrom;

(n) for licensing and regulating house movers and persons engaged in the business of moving buildings or structures on, along or across highways;

(o) for establishing, regulating, preserving and maintaining boulevards, including trees, shrubs, and flowers, on the highways of the municipality;

(p) for requiring each owner of property to maintain and care for any boulevard established on a highway adjoining the property, and on the side of the highway on which the property is situated;

(q) for authorizing the proper officers of the municipality to execute, on behalf of the municipality, an agreement as provided in subsection 230(2).

Surfacing of boulevards.

245(2)

A municipality may maintain a boulevard, or part thereof, by paving or otherwise surfacing it in order to prevent the surface thereof becoming muddy or infested with weeds.

Removal of obstructions.

245(3)

A by-law passed under clause (l)(d) may limit the areas within the municipality in which all snow, ice, dirt and other obstructions are to be removed.

Consent to erection of stand, etc.

245(4)

No covered stand or booth erected or maintained under a by-law passed under clause (l)(j) shall be placed upon any sidewalk without the previous consent of the owner or lessee of the property fronting, abutting, or adjoining the stand or booth.

Collection of boulevard maintenance costs from land owners.

245(5)

A municipality may, by by-law, provide that where any owner who is required, under a by-law passed pursuant to clause (1)(p) to maintain and care for a boulevard fails or neglects to comply with that by-law, the municipality, after giving seven days written notice to that owner requiring him to remedy his default, may

(a) cause such work to be done as is necessary to maintain and care for the boulevard properly; and

(b) recover, by action or distress, the cost of the work done together with the costs of the action or distress, or charge the cost against the land of that owner that adjoins the highway on which the boulevard is situated, and levy and collect the amount thereof from the owner in any manner in which taxes in arrears are collectable.

Cost of certain removals.

245(6)

Where

(a) a projection or erection is removed under a by-law passed pursuant to clause (1)(f); or

(b) a fence is removed under a by-law passed pursuant to clause (1)(g);

the cost of the removal is chargeable to, is a debt of, and shall be paid by, the owner, proprietor, or occupant of the land on or in connection with which the projection, erection, or fence is found or exists, or that is affected thereby; and if the municipality pays the cost it may recover it from the person liable therefor by action in any court of competent jurisdiction.

Subdivision VIII

STREET NAMING AND NUMBERING

Numbering houses.

246(1)

The council of any municipality may pass by-laws for numbering the lots and houses along the highways of the municipality, and for affixing the numbers of the houses, buildings, or other erections along the highways, and for charging the owner or occupant of each house or lot with the expense incident to the numbering.

Record of highways and numbers.

246(2)

Every such municipality shall make and keep a record of the highways and numbers of the houses, and of lots numbered thereon respectively; and it shall enter therein a division of the highways, with boundaries and distances, for public inspection.

Laying out and naming highways.

247(1)

The council of any municipality may pass by-laws for surveying, settling, and marking, the boundary lines of all highways, and for giving names thereto, and affixing the names at the corners thereof, on either public or private property.

Registration of by-law.

247(2)

No by-law for altering the name of a highway has any force or effect unless it has been registered in the land titles office of the land titles district in which the highway is situated.

Subdivision IX

INTER-MUNICIPAL HIGHWAYS

Provisions applicable to cities.

248

Where in this Act the expression "municipality" is used in any provision relating to inter-municipal highways, the provision extends and applies to The City of Winnipeg and all other cities, notwithstanding any provision contained in the charters thereof.

Opening of inter-municipal highways.

249(1)

A highway along the boundary line between municipalities, other than a departmental road within the meaning of The Highways and Transportation Department Act shall be opened, maintained, kept in repair, and improved by the municipalities lying on each side of the boundary line.

Joint jurisdiction.

249(2)

Subject to subsections (3) and (4) the municipalities to which subsection (1) applies have joint jurisdiction over the highway, and are liable accordingly, although the highway may so deviate as, in some places, to be wholly within one or other of them.

Agreement for policing.

249(3)

The municipalities, or each two municipalities, to which subsection (1) applies, shall enter into an agreement providing

(a) for the enforcement of all laws, whether statutes or by-laws, applicable or relevant to the highway, by police constables employed by that one of the municipalities specified in the agreement;

(b) for the apportionment of the cost of policing the highway as provided in clause (a); and

(c) for the contribution to the municipality the police constables of which police the highway under the agreement, by the other municipality, of the share of the cost apportioned to that other municipality under the agreement.

Reference to board.

249(4)

Where any two municipalities to which subsection (3) applies cannot agree as to any of the terms of the agreement to be made under that subsection, either of them may refer the matter to the board; and its decision on the matters in dispute is final and binding on the municipalities.

Law applicable to highway.

249(5)

Where an agreement is made under subsection (3), the by-laws that relate to highways and that are applicable to the highway mentioned in subsection (1), are those of the municipality the police constables of which, under the agreement, police the highway; and the by-laws of the other municipality relating to highways do not thereafter apply to the highway mentioned in subsection (1).

Deviations from line.

250

Where, on account of physical difficulties or obstructions existing on a boundary line between municipalities, and in order to obtain a better line of road, a highway has been or is laid out and opened, and does not follow the course of the boundary line throughout, but in some places so deviates from it as to lie wholly within one of the municipalities, it shall nevertheless be deemed to be an inter-municipal highway; and a river, stream, pond, or lake, that crosses it where it so deviates, shall be deemed to be a river, stream, pond, or lake crossing a boundary line within the meaning of this Act.

Differences between municipalities.

251(1)

Where the several municipalities interested in the whole or part of an intermunicipal highway are unable mutually to agree as to their joint action in opening, improving, maintaining, or keeping in repair such a highway, or portion thereof, one or more of the municipalities may apply to the board to determine the amount that each municipality is required to expend thereon, and the mode of expenditure; and its award and decision thereon is final and binding upon the municipalities interested, and may be enforced by any of them in any court having jurisdiction.

Recovery of overpayments.

251(2)

All sums of money overpaid by one or more of the municipalities for the maintenance may be recovered, by action of debt, from the municipality or municipalities in default or neglecting to make the payments directed by the award.

Opening up of connecting highways.

252

Where a municipality opens and maintains a highway leading to the boundary of an adjoining municipality, if the adjoining municipality neglects or refuses to open and maintain the highway through its territory, on the application of the first mentioned municipality, the minister may make an order directing the municipality so refusing to open and maintain the highway; and if the order is not carried out within six months after it is made, the minister may cause the work so ordered to be done and charge the cost thereof to the municipality so refusing, and levy for and recover it under The Municipal Affairs Administration Act.

Highway neglected by a municipality.

253(1)

Where a municipality does not open up through its territory a highway, or a section of highway of importance to the general public or to another municipality, and the work is alleged to be specially required to enable traffic to pass through the first mentioned municipality, the minister shall determine and certify as to the necessity of the highway.

Assessing cost on municipalities.

253(2)

Where the minister decides that the highway is necessary the municipality shall proceed forthwith to open it up, and the minister shall decide what proportion of the expense is to be borne by each or any municipality, and award the indemnification of parties whose lands have been taken.

Levy of tax to defray costs.

253(3)

The decision of the minister is binding on each municipality affected thereby, and each of the municipalities shall forthwith levy on the taxable real property therein, and collect, a tax at a rate sufficient to raise the proportion of the expense to be borne by it as decided by the minister.

Disposal of proceeds of tax.

253(4)

Each of the other municipalities affected by the decision of the minister shall pay to the municipality opening up the highway the amount collected as provided in subsection (3); and from the amounts so received that municipality shall pay to those entitled thereto the amounts, if any, awarded by the minister as indemnification under subsection (2).

Amount to be levied a debt.

253(5)

The amount that each municipality is required to levy as provided in subsection (3) is a debt due from it to the municipality opening up the highway, and as such may be recovered by the latter by action in any court of competent jurisdiction.

Action by minister on default by municipality.

253(6)

Where a municipality, within a reasonable time, fails to open up a highway or portion thereof as required under subsection (2), the minister may

(a) cause the work necessary to open up the highway to be done; and

(b) if he deems it advisable in any case, levy on any municipality that has failed to levy a tax as required under subsection (3), for the amount required to be raised by it under that subsection, and recover it under The Municipal Affairs Administration Act.

Amounts payable by minister.

253(7)

Where the minister collects an amount under subsection (6) he shall, from the amount collected, pay to those entitled thereto the amounts, if any, awarded by him as indemnification under subsection (3), and apply the balance to defray the cost of opening up the highway.

Highways beyond municipality.

254

Upon the application of any municipality, the minister may authorize it to expend money for the construction, repair, or maintenance of that portion of any highway lying outside of the boundaries of the municipality that is for the benefit of the municipality.

Subdivision X

INTER-MUNICIPAL BRIDGES

Bridges between municipalities.

255(1)

Where the centre of a river or stream forms the boundary, or part of the boundary, between two or more municipalities, the municipalities may construct bridges across the river or stream; and any such bridge, whether erected before or after the coming into force of this Act, and whether constructed by one or more of the municipalities interested therein, shall be maintained and kept in repair jointly by the municipalities and is under their joint jurisdiction and control.

Approaches to bridge deemed part.

255(2)

Approaches to both ends of the bridge shall be deemed a part thereof.

Disputes.

256

Where the several municipalities interested in the construction or maintenance of any inter-municipal bridge are unable to agree

(a) as to the manner in which, and place at which, the bridge is to be constructed; or

(b) as to their joint action, in any particular, in constructing or maintaining it, or keeping it in repair; or

(c) as to the share of the expense of maintenance or repair to be borne by each; or

(d) as to any liability with respect thereto;

the minister, on application to him by one or more of the municipalities, may determine any such matters, including the amount which each municipality is required to expend, and the mode of expenditure, on the bridge; and his award and decision thereon is final and binding on the municipalities interested, and may be enforced by any of them in any court having jurisdiction.

Recovery of overpayments.

257

Any sums of money overpaid by one or more of the municipalities in the construction or maintenance may be recovered by action of debt from the other or others in default or neglecting to make the payments directed by the award.

Proportion of cost.

258(1)

Where

(a) a municipality has constructed, or proposes to construct, within its own limits a bridge across any river, stream, channel, drainage ditch, or other watercourse; and

(b) has acquired or established, or acquires and establishes, a right-of-way on either or both sides of the bridge for the convenience and use of the public;

each of which, in the opinion of the minister, is actually or potentially of advantage and benefit to the whole or any portion of an adjacent municipality or adjacent municipalities, as well as to the municipality that has constructed, or proposes to construct, the bridge and has acquired or established, or acquires or establishes, the right-of-way, the minister, on application to him, may fix, determine, and award, the share, if any,

(c) of the cost of the construction, maintenance, and repair, of the bridge; and

(d) of the cost of acquiring, establishing, surveying, fencing, grading, and otherwise improving, the right-of-way therefor;

or of the cost of having done any of those things, that the adjacent municipality or adjacent municipalities is or are to pay; and his determination and award is final and binding upon the municipalities named therein, and may be enforced by any of them in any court having jurisdiction.

Application of provisions to bridges.

258(2)

Subsection (1) applies to any bridge whenever constructed and to all rights-of-way therefor.

Subdivision XI

BRIDGES OUTSIDE A MUNICIPALITY

Bridge outside limits.

259

Any municipality may build a bridge wholly or partly situated outside its limits upon satisfying the minister that the bridge is for the benefit of the municipality, and obtaining his consent to the building thereof.

Meaning of "municipality".

260(1)

In this section "municipality" includes The City of Winnipeg.

Contribution to cost of bridge.

260(2)

A municipality may enter into an agreement with any other municipality to contribute towards the cost of the construction of a bridge wholly or partly located within the other municipality.

By-law to raise money.

260(3)

Subject to the applicable provisions of this Act, a municipality, may, for such a purpose, pass by-laws for raising, upon the credit of the municipality, money not required for its ordinary expenditure and not payable within the same municipal year.

Bridges over provincial waterways.

261

Any bridge constructed and maintained by a municipality, or by two or more municipalities jointly, if it crosses a provincial waterway, as defined in The Water Resources Administration Act, is subject to that Act and The Water Rights Act.

Subdivision XII

INTER-PROVINCIAL AGREEMENTS

Reciprocal legislation.

262

Notwithstanding The Crown Lands Act, if reciprocal legislation is enacted by the Legislature of the Province of Saskatchewan or of the Province of Ontario, a municipality the territory of which adjoins the boundary line between the province and the Province of Saskatchewan, or the Province of Ontario, may by by-law, enter into an agreement with an adjoining municipality in the Province of Saskatchewan or the Province of Ontario, for

(a) opening, constructing, maintaining, improving, or repairing a highway, bridge, culvert, drain, or public work along or across the inter-provincial boundary line;

(b) joint control, management, and responsibility for repair, of the highway, bridge, culvert, drain, or public work;

(c) payment of damages by a municipality for failure to repair the highway, bridge, culvert, drain, or public work; and

(d) incidental matters connected therewith.

Approval of agreement.

263

No agreement to which section 262 applies has any force or effect until approved by the minister and the minister of the adjoining province having jurisdiction over municipalities.

Subdivision XIII

FERRIES

Local ferries.

264

The council of any municipality may pass by-laws for the regulation, establishment, operation and maintenance of ferries wholly within the municipality.

Inter-municipal ferries.

265

Two or more municipalities may, by by-law, establish, operate and maintain a ferry across any stream separating such municipalities; and may fix the rate of ferriage thereon, and make rules for its conduct and regulation.

District ferries vested in the municipalities.

266

Ferries established, operated or maintained between any municipalities are, subject to any private rights or property therein, vested in the municipalities between which they are maintained; and the municipalities shall control and regulate them, and their location shall not be changed or disturbed without the consent in writing of the minister.

Liabilities.

267

Where any damage or loss arises through the negligent management, use, or defective material of any ferry established, operated, maintained, or regulated, by a municipality or municipalities, whether it is leased or granted to any private person or not, the municipality or municipalities are liable therefor, and it may be recovered accordingly.

Disorderly conduct in ferries.

268

Any person who is disorderly on a ferry so established or maintained is guilty of an offence and is liable to a fine not exceeding $10.

Evading payment of tolls.

269

Any person passing forcibly upon any ferry without paying the toll collectable, or otherwise evading the payment of the toll, is guilty of an offence and is liable to a fine for each offence not exceeding $10.

Obstructing ferry.

270

Any person wilfully and maliciously interrupting a ferry is guilty of an offence and is liable to a fine, for each offence, not exceeding $100.

Subdivision XIV

WHARVES AND DOCKS

By-laws.

271

The council of any municipality may, subject to the Navigable Waters' Protection Act (Canada) and The Water Rights Act, pass by-laws

(a) for making, opening, acquiring, preserving, altering, improving, and maintaining, public wharves, docks, slips, beacons, buoys, lighthouses, and other aids to navigation, and for improving rivers, lakes, and waters and the shores and banks thereof;

(b) for regulating storage on such wharves, docks, slips, and improved shores and banks, and for fixing, charging and collecting rates of wharfage and storage; and

(c) for directing the removal of railings or other erections or obstructions projecting into or over any wharf, dock, slip, drain, sewer, river, or water, or the banks or shores thereof, at the expense of the proprietor or occupant of the property connected with which the projections are found.

Subdivision XV

AIRPORTS

Establishment.

272

Subject to any Act of the Parliament of Canada relating to aeronautics and regulations duly made thereunder, any municipality, by itself or in conjunction with any other municipality, may

(a) subject to subsection 208(1), acquire or establish and maintain and operate, either within or outside the municipality, aerodromes, water or land airports, aviation fields, and aircraft landing places, together with such hangars and other buildings, and such lands, ancillary thereto, as are necessary or desirable for the efficient use and operation thereof, and may acquire land, within or outside the municipality, by purchase, lease, expropriation or otherwise, for any of those purposes;

(b) make such regulations for the general maintenance, management, and conduct of such aerodromes, airports, aviation fields, landing places, and buildings so operated as the council deems necessary or desirable and as are not contrary to any such Act of Parliament or regulations made thereunder;

(c) pass such by-laws for licensing, regulating, and, within certain defined areas, preventing, the erection, maintenance, and continuance of such aerodromes, airports, aviation fields, landing places, and buildings, as the council deems necessary or desirable, and as are not contrary to any such Act of Parliament or regulations made thereunder;

(d) establish the charges, prices, and rentals to be charged for goods, services, privileges, and premises supplied by the municipality in carrying on any such undertaking, and require payment thereof; and

(e) enter into such contracts or agreements with any other municipality, including The City of Winnipeg, or any person, or with the Government of Canada or the Government of Manitoba or with the government of a neighbouring province or state, as may be required in order to facilitate or enable the carrying on of any such undertaking by the municipality or by the municipality jointly with the other municipality, the person, the Government of Canada, the Government of Manitoba or the government of the neighbouring province or state.

Subdivision XVI

PUBLIC TRANSPORTATION SYSTEM

Establishment

273(1)

The council of any municipality may

(a) pass by-laws

(i) for establishing, constructing, operating and maintaining, by the municipality, within the municipality, of a local transportation system by means of surface, underground, or overhead, railways, tramways, or bus lines, including chartered bus services, or any other means of local transportation service except taxicabs, for the transportation of persons on highways within the municipality whether the operation is through the use of electric power or otherwise; and

(ii) for regulating, governing, controlling, and managing any such transportation system; and

(b) subject to approval by The Public Utilities Board, fix such tolls and fares, and establish such fare zones, applicable to a transportation system established under this section, as, in the opinion of the council, are reasonable and just having regard to the cost of maintaining and operating the transportation system, including the payment, as they become due, of all debts of the municipality that relate or are attributable to, or were incurred in respect of, the transportation system.

Agreements as to existing services.

273(2)

An agreement may be made between the municipality and any person legally operating a local public passenger transportation service wholly within, or partly within and partly without, the municipality under which that person may operate the service or any part thereof for such time, and upon such terms and conditions, as is provided in the agreement.

Agreement for privately operated system.

273(3)

Subject to subsections (4) and (5), the municipality may make an agreement with any person whereby that person will establish, construct, maintain, and operate, within the municipality or such part thereof as is described in the agreement, a local transportation system of the kind described in clause (l)(a).

Operating subsidy.

273(4)

Where a municipality enters into an agreement under subsection (2) or (3) it may, if the agreement so provides, pay to the operator an operating subsidy of such amount and for such term of years, as is provided in the agreement.

Motor Transport Board.

273(5)

An agreement made under subsection (2) or (3) has no force or effect unless

(a) it is approved by The Motor Transport Board or The Public Utilities Board; and

(b) the person with whom it is made is authorized by The Motor Transport Board or The Public Utilities Board to operate the service;

and the operation of any such local transportation system is, in all respects, subject to the authority and supervision of The Motor Transport Board or The Public Utilities Board.

Exclusive authority.

273(6)

Except in accordance with an agreement made under subsection (2) or (3), no person other than the municipality shall operate a local transportation system within a municipality, with the exception of

(a) railways;

(b) taxis;

(c) buses owned and operated by a school board or private school for school purposes;

(d) buses operated as a chartered bus service;

(e) bus services, the operator of which is authorized by The Motor Transport Board to operate the services; and

(f) buses owned and operated by any corporation or organization solely for the purposes of that corporation or organization if no fare or fee is charged for transportation.

Acquisition of equipment.

273(7)

Where a municipality establishes and operates a local transportation system under subsection (1), it may

(a) purchase or otherwise acquire such real and personal property; and

(b) erect or lease such buildings and other structures;

as are necessary or desirable for the operation and maintenance of the system.

Definition.

273(8)

In this section "local transportation system" means such a system for the transportation of passengers only.

DIVISION II

DRAINAGE OF LAND

Subdivision I

DRAINAGE GENERALLY

Definitions.

274(1)

In this Division,

"acquiring" includes expropriating; ("acquérir")

"drain" means any drain, drainage ditch, floodway, or dyke, but does not include a provincial waterway; ("drain")

"provincial waterway" means a water control work, a natural water channel or lake that has been designated as a provincial waterway under The Water Resources Administration Act. ("voie d'eau provinciale")

Definition of certain watercourses.

274(2)

Where, in this Division, there is a reference to a drain, natural watercourse, surface watercourse, culvert, drainage ditch, channel, or other watercourse, it shall be deemed to apply only to such of those things as are subject to the jurisdiction of a municipality.

No authority over provincial waterways.

275

This Division does not apply to provincial waterways; and, except as provided in The Water Resources Administration Act, no municipality has any authority under this Division or under the provisions of this Act authorizing the undertaking of local improvements, or under any other Act of the Legislature, to expend money or perform work on a provincial waterway, or is liable for any loss or damages arising from a provincial waterway.

Jurisdiction over drains.

276

Subject to The Water Resources Administration Act and The Water Rights Act, each municipality has jurisdiction over all drains within its boundaries.

Title to drains.

277

Notwithstanding that a certificate of title has issued to a municipality under The Real Property Act, title to the freehold of every provincial waterway is vested in the Government of Manitoba for the use of the province.

Power to pass drainage by-laws.

278(1)

Subject to section 282 and to The Water Rights Act, the council of any municipality may pass by-laws,

(a) for constructing, opening, making, improving, deepening, contracting, widening, altering, diverting, straightening, discontinuing, or stopping up any drain or natural watercourse or surface watercourse, or for providing outlets therefor or preventing surface water flooding into or within the municipality, and for acquiring by expropriation or otherwise, any land in or adjacent to the municipality in any way necessary or desirable, in the opinion of the council, for any such purpose;

(b) for maintaining, cleaning, repairing, or flushing, any drain or natural watercourse or surface watercourse, and for entering upon, acquiring, taking or using any land in or adjacent to the municipality for carrying out thereon any such purpose;

(c) for compelling the owners of lands through which any open drain or natural watercourse or surface watercourse passes to erect and keep up water gates where fences cross the drain or watercourse;

(d) for determining the course of, and regulating, drains or natural watercourses or surface watercourses in the municipality, for preventing the obstruction thereof in any manner, and for protecting them from encroachment and injury;

(e) for damming drains or natural watercourses or surface watercourses in the municipality, and for requiring the erection of stop logs in any dam so erected and protecting them from molestation or injury;

but subject, in all cases to which clauses (a) to (e) apply, to liability for compensation as provided by this Act to persons who suffer injury therefrom.

Interference with municipal drains.

278(2)

Every person who, without previously having written authority from the municipality to do so, deepens, widens, alters, diverts, or stops up, or in any way interferes with, any drain, culvert, natural watercourse, or surface watercourse constructed, opened, made, improved, deepened, or widened, wholly or partially by, or at the expense of, the municipality, is guilty of an offence and is liable to a fine not exceeding $100. and in default of payment to imprisonment for a term not exceeding one month.

Removal of refuse in drains.

278(3)

Where any person, without previously having written authority from the municipality so to do, deposits or puts into any drain, culvert, natural watercourse or surface watercourse any soil, stones, refuse, waste, brush, trees or other matter, the municipality may, in writing, require that person to remove the soil, stones, refuse, waste, brush, trees or other matter; and, in default of it being so done, the municipality, at the expense of the person in default, may remove the soil, stones, refuse, waste, brush, trees or other matter and recover the expense thereof by levying the amount against the property of the person who is in default, and may recover the amount in like manner as taxes in arrear.

Filing by-laws in L.T.O.

278(4)

Every by-law passed by a municipality under subsection (1) for constructing, opening or making a new drain or for widening, altering, diverting or straightening an existing drain in such a way that additional land is required therefor shall approve a plan certified by a Manitoba land surveyor showing the location and site of the land affected by the by-law, and shall be registered in the land titles office of the land titles district in which the land affected is situated accompanied by or affixed to a certified copy of the plan.

Where plan deemed approved.

278(5)

Where a by-law is passed by a municipality under subsection (1) for the purposes mentioned in subsection (4) or was at any time passed for similar purposes, any plan accompanying it or attached thereto shall be deemed to be approved by the by-law.

Subdivision II

DRAINS FOR INDIVIDUALS

Petition for construction.

279(1)

Where an owner or occupant of land desires to construct a drain or ditch across the lands of others, for agricultural or sanitary purposes, he may file a petition with the clerk of the municipality in which the drain or ditch is proposed to be constructed, setting forth the necessity therefor with a description of its proposed starting point, route, and terminus, and praying that permission be granted to him for doing the work, or that it be undertaken at the general expense of the municipality.

Submission of petition to council.

279(2)

The clerk shall lay the petition before the council at its next meeting; and the council may, at that or a subsequent meeting, give the permission asked for, or may decide to perform the work as a municipal work, or may refuse to do either.

Compensation.

279(3)

Where it is decided that the work should be performed, the amount of compensation, if any, to be paid by the petitioner or the municipality, as the case requires, to the owner or occupant across whose lands the drain or ditch is to be constructed, in lieu of damages to the land, shall be fixed and determined by the council; and the council shall provide that payment of the amount is a condition precedent to the right of the petitioner or the municipality to enter upon the lands, and to do and perform the work.

Payment of compensation.

279(4)

An owner or occupant dissatisfied with the amount of compensation fixed by the council may, within 30 days from the date of fixing of compensation by the council, appeal the decision of the council to the Court of Queen's Bench; and the procedure and jurisdiction in respect to appeals under The Summary Convictions Act, with such modifications as the circumstances require, applies, except that the appellant shall not be required to furnish any deposit or give any bond.

No action pending determination.

279(5)

Pending the determination of the appeal, no further steps shall be taken by the petitioner or the council.

Action after determination.

279(6)

Upon the payment of the amount of the compensation money, if any, the petitioner or municipality may enter upon the lands and perform the work.

Subdivision III

INTER-MUNICIPAL DRAINS

Drainage as between municipalities.

280(1)

Where, in order to provide drainage of any portion of the municipality, it is deemed expedient that an outlet for any drain be provided across or over any adjoining municipality or part thereof, any interested municipality may apply to the board to determine whether the drainage is necessary, and, if so, the amount that each municipality interested, including the municipality making the application, the municipality over any part of which the proposed drain or outlet is to be constructed, and any municipality or municipalities adjoining them or either of them, is to expend or assume, and the mode of construction of the drain or outlet.

Award of board to be final.

280(2)

The board may direct which of the municipalities is to perform the work of constructing the drain or outlet, and which is to maintain and keep it in repair; and its award and decision on any of the matters is final and binding upon the municipalities interested, and may be enforced by any municipality interested in any court having jurisdiction.

How enforced.

280(3)

All sums of money overpaid by one or more of such municipalities for the construction may be recovered by action of debt from the municipality or municipalities in default or neglecting to pay the payments directed by the award.

Construction of work.

280(4)

The municipality authorized or directed to carry out the proposed work or any part thereof, may enter on, take, acquire or use, any lands required for the purpose, subject to the right of the owners thereof to compensation therefor.

Apportionment of maintenance cost.

281

Where

(a) a drain, drainage ditch, channel, or other watercourse, or any outlet therefor, has been constructed or provided by the government or a municipality, in or across any part of a municipality; or

(b) work to dredge, clean out, shore up or support the banks of, or otherwise maintain, a river, stream, or other natural watercourse

(i) has become necessary or advisable, by reason of the construction, provision, maintenance, or repair of any of the works mentioned in clause (a), and the connection thereof with that river, stream, or natural watercourse so as to constitute one system of drainage; and

(ii) has been done or carried out by the government or a municipality;

and the municipality claims that the construction or provision of the works mentioned in clause (a), or the doing or carrying out of the work mentioned in clause (b), is, and has been, of benefit to any other municipality or municipalities, the municipality making the claim may apply to the board to determine

(c) whether it has been of benefit to that other municipality or those other municipalities;

(d) which municipality or municipalities is or are to maintain and keep in repair the drain, drainage ditch, channel, or other watercourse, or any outlet therefor;

(e) the share, if any, of the cost of maintaining and keeping it in repair, and the share, if any, of the cost of having maintained and kept it in repair, that any municipality ought to pay and is required to pay;

and the award and decision of the board is final and binding upon the municipalities named therein; and may be enforced by any of them in any court of competent jurisdiction.

Watercourses not to be filled up.

282(1)

A municipality shall not fill, dam up, obstruct, injure, or destroy, any watercourse, or drain into a watercourse a greater quantity of water than the watercourse will reasonably admit, so as to cause the water therein to overflow or to damage contiguous lands, unless there has been first provided or constructed by the municipality an adequate outlet for the water, either in the municipality in which the watercourse is or through another municipality or other municipalities.

Stopping drains at boundary prohibited.

282(2)

A municipality shall not make or construct, or permit the making or construction of, any drain to the boundary line of an adjoining municipality having the effect of causing water to overflow into that adjoining municipality, or another municipality, unless there has been first provided in, across, over, or through, the adjoining municipality, or any other municipality, a proper outlet for the water sought to be carried by the drain.

Subdivision IV

MAINTENANCE OF DRAINS

Municipality to keep drains open.

283(1)

Each municipality shall keep every drain within its boundaries properly cleaned out and in repair.

Duty to maintain.

283(2)

Where a municipality has constructed a drain under subsection 278(1), it shall at all times maintain it and keep it in good repair; and it is liable for payment of damage caused by, or resulting from its failure to do so.

Penalty.

283(3)

Any person who fills up or partially fills up a drain is guilty of an offence and is liable to a fine of not more than $100., and, in default of payment, to imprisonment for not more than one month.

Continuing offence.

283(4)

Where the contravention of subsection (3) continues for more than one day, the person contravening subsection (3) is guilty of a separate offence for each day that the offence continues.

Municipality not liable for damage.

284

A municipality is not liable for damages caused to any person by any neglect or failure on its part to maintain or keep in repair any such drain or drainage work, or any part thereof, unless the person complaining of the damage alleged serves on the clerk of the municipality, by registered mail, a notice in writing setting forth details of, or a clear description of, the damage alleged; and the municipality shall, within three months of the receipt of the notice, notify that person, by registered mail, whether or not it proposes to undertake the work of maintenance required to make good the alleged failure and, if so, the time when it will commence that work.

Conditions arising from natural causes.

285

Conditions arising from snow dr ice or from rainfall that, in the opinion of the court, is, on the evidence, excessive shall not be deemed to be caused by any lack of maintenance, protection, or repair of drains or drainage work.

Subdivision V

LIMITATIONS OF ACTIONS

Actions limited to two years.

286(1)

No action, suit, or, proceeding at law, under this Act, shall be commenced or be maintainable by any person against a municipality to recover any sum of money with respect to damages alleged to have been sustained by him with respect to drainage works constructed by the municipality, or by its authority, unless the action is brought or instituted within a period of two years after the date the damages were, or were claimed to be, sustained.

Application of section.

286(2)

This section does not apply to a claim for damages for failure to maintain drainage works under this Act or any Act where provision is made for a reference to a board to decide the dispute, and steps are taken in accordance with those provisions within the period of two years limitation; but in the latter case the period of two years limitation commences to run on the refusal or failure of the municipality to comply with the orders or directions of the board.

DIVISION III

PROTECTION OF PERSONS AND PROPERTY

Protection of persons and property.

287

Subject as herein provided, and to any other Act of the Legislature and any Act of the Parliament of Canada, and to regulations made under any such Act, the council of a municipality may, by by-law, make provision for the regulation of any matter or thing for the protection of persons or property, or environment or any of them.

Subdivision I

EMERGENCY MEASURES

By-laws.

288(1)

In order to authorize and enable a municipality to carry out, further, or implement, any of the purposes, objects, or provisions of The Emergency Measures Act, or to assist or co-operate with any authority established under, or referred to in, that Act in carrying out, furthering, or implementing, any of the purposes, objects, or provisions of that Act, the council of any municipality may pass by-laws for any or all of the following purposes:

(a) For entering into and carrying out agreements or arrangements with the Government of Canada, the Government of Manitoba, a municipality, or any person, firm, or corporation, or any one or more of them.

(b) For entering into and carrying out agreements or arrangements in co-operation with any police authority, or Her Majesty's forces, or any authority public, private, governmental, or otherwise, and securing from any such authority, and performing, exercising, or using, any right, privilege, or concession considered necessary or advisable.

(c) For appointing committees of local citizens, and delegating to them any duties or responsibilities considered necessary or advisable under the circumstances.

(d) For providing such amounts of money as may be required from time to time for the purposes of this section.

(e) For acquiring, by purchase, lease, or otherwise, any real or personal property required for purposes of this section.

(f) For conveying, transferring, leasing, or assigning, any of its real or personal property or any interest or estate therein to, or placing any of its material, equipment, or services at the disposal of, the Government of Canada, the Government of Manitoba, a municipality, a police authority, Her Majesty's forces, or any public or private authority, upon such terms and conditions as may be considered advisable and expedient.

(g) For making arrangements for the adequate housing, feeding, care, and protection, of persons and livestock evacuated or removed from the municipality or from any other municipality, and for the adequate care and protection of other goods and chattels so removed.

(h) For establishing, or co-operating in establishing, training schools or courses or training programs or public information programs, for the purpose of instructing persons in such methods and procedures as may be considered necessary, advisable, or expedient, to ensure the peace, order, and welfare of the municipality in times of emergency.

Saving.

288(2)

No municipality or person doing any act that, under and by virtue of any by-law passed under this section, it or he is required or authorized to do, is subject to proceedings by way of injunction or mandamus, or is personally liable in respect of damage caused to any person by interference with his rights, or by reason of the negligence of the municipality or person doing that act.

Subdivision II

FIRE PROTECTION

By-laws.

289(1)

The council of any municipality may pass by-laws

(a) for acquiring, by expropriation or otherwise, land necessary for the establishment of fire halls;

(b) for erecting, operating and maintaining fire halls;

(c) for purchasing, leasing, or otherwise acquiring fire fighting equipment, apparatus, and appliances;

(d) for appointing a fire chief and as many firemen and other assistants as may be considered necessary from time to time and for fixing their salary or remuneration;

(e) for establishing, and regulating the government of, a fire protection force, and for preventing neglect or abuse and for rendering the force efficient in the discharge of its duties;

(f) for delegating to the fire chief the right to maintain discipline in the fire protection force, by applying and enforcing the penalties set out in the by-law against members of the force guilty of breaches of duty or discipline, or of the requirements of any rules applicable to the members of the force.

Agreement for fire protection.

289(2)

Any municipality may enter into an agreement with any other municipality or any other person for providing or obtaining throughout the whole or a part of the municipality, fire protection or assistance in the prevention and suppression of fires, on such terms as are provided in the agreement.

Levy for part of municipality.

289(3)

Where an agreement made under subsection (2) provides for providing or obtaining, in part only of a municipality, fire protection or assistance in the prevention and suppression of fires, notwithstanding any provision of this or any other Act of the Legislature, the moneys required to meet the costs of complying with the agreement may be raised in whole or in part by levying a tax on land or buildings or both in that part of the municipality whether or not the land or buildings are otherwise assessible or taxable for any other purpose.

Fire halls as local improvements.

289(4)

Any work or activity mentioned in subsection (1), may, if the council of the municipality by by-law so provides, be done as a local improvement under Part XI.

Other emergency services.

289(5)

A fire protection force established by a municipality may provide services in emergencies of any kind, whether or not the emergency relates to fire or the danger of fire, including

(a) emergency services for the relief of illness and injury and for the preservation of life; and

(b) emergency services for dealing with dangerous materials and the protection of persons and property from injury or damages arising out of dangerous materials.

Services outside municipality.

289(6)

A municipality may provide services through its fire protection force in the prevention and suppression of fires or in relation to other emergencies outside the municipality and where the fire fighting equipment, apparatus and appliances of a municipality are used outside the municipality and the members of the fire protection force of a municipality are required to work outside the municipality, they shall be deemed for all purposes to be being used or to be working, as the case may be, within a municipality which has acquired the fire fighting equipment, apparatus and appliances to equip a municipal protection force and which has employed the members as members of its fire protection force.

Recovery of costs.

289(7)

Where a fire protection force of a municipality provides services outside the municipality and outside of any other municipality with which the first municipality has an agreement for compensation for fire protection services, the municipality providing the services may charge the owner of any real or personal property in respect of which the services are rendered for the provision of the services and the amount so charged is a debt due and payable to the municipality by the owner of the real or personal property.

By-laws for prevention of fire.

290(1)

Subject to The Workplace Safety and Health Act, The Employment Standards Act, The Buildings and Mobile Homes Act, The Fires Prevention Act, the Explosives Act (Canada), and any other applicable Act of the Legislature or of the Parliament of Canada, the council of any municipality may pass by-laws for the prevention or extinguishing of fires and for the preservation of life and property from destruction by fire; and, without limiting the generality of the foregoing, the council may pass by-laws

(a) for making regulations for the prevention and suppression of fires;

(b) for regulating the locating and construction of fire walls;

(c) permitting the entering, pulling down or demolishing of houses and other buildings or structures where reasonably necessary to put out a fire or to prevent the fire from spreading;

(d) for requiring adult persons for the time being in the municipality to assist in the extinguishing of fires and in the prevention or the spread thereof;

(e) for preventing interference with the efforts of persons engaged in the extinguishing of fires or preventing the spreading of fire, by regulating the conduct of the public at or in the vicinity of any fire;

(f) for preventing or regulating the keeping or storage, within certain defined areas in the municipality, of explosives or other highly inflammable or dangerous material or of anything the keeping or storage of which is likely to cause or contribute to the starting of a fire, or contribute to, or increase the danger of, the spreading of a fire;

(g) for preventing or regulating the use of fire or lights in places where explosives or other highly inflammable or dangerous combustible material is kept or stored;

(h) for preventing or regulating the carrying on, in certain defined areas of the municipality, of trades or occupations that are dangerous because of the possibility of their causing or promoting fire;

(i) for requiring buildings and yards to be put in a safe condition to guard against fire or the risk of fire, and, where deemed necessary or advisable, regulating, and, within certain defined areas, prohibiting, the keeping of lumber yards or wood yards, or of any inflammable debris, including derelict vehicles as defined in subsection 300(1);

(j) for regulating the transportation of explosives or highly inflammable or dangerous materials in the municipality;

(k) for regulating the manner of disposal of ashes or combustible refuse and requiring the placing or keeping of ashes and combustible refuse in fire-proof containers;

(l) for regulating and enforcing the proper cleaning of chimneys at stated intervals, either by licensed chimney sweeps or otherwise;

(m) for preventing or regulating the construction of any chimney, flue, fireplace, oven, stove, boiler, or other apparatus or thing that is liable to be dangerous because of the possibility of it causing or promoting fire;

(n) for regulating or prohibiting persons from smoking in public places described in the bylaw;

(o) for regulating or preventing the erection or placing of any building, erection or other structure within areas prescribed in the by-law unless the main walls and roof thereof are constructed of incombustible materials;

(p) for preventing structural alterations to any existing building if the existing building does not conform in structure to the building and fire regulations governing construction in any defined area;

(q) for regulating or prohibiting the use of a building as a public garage or machine shop unless it is provided with a concrete floor;

(r) for regulating the times during which stumps, trees, logs, brush, grass, straw, shavings, or refuse, may be set on fire or burned in the open air, for prescribing precautions to be observed those times, and for preventing such fires being kindled at other times;

(s) for requiring the construction and maintenance upon all buildings of more than three storeys in height of proper fire escapes, platforms, and stairways, or other means of egress;

(t) for requiring all buildings of four or more storeys in height to have outer doors that open freely outwards, and to be equipped for fire protection devices;

(u) for prescribing the character, material, and thickness of enclosing walls for hoists or elevators in buildings, and for requiring fireproof doors at the openings to the shaft from the several floors, and for regulating their operation, and prescribing doors that open and close automatically as the hoist or elevator ascends or descends;

(v) for requiring, in all buildings wherein labour is employed, sufficient means of egress in case of fire;

(w) for regulating the installation, insulation, and position of wires and appliances used for conducting electricity, the removal of unsafe or dangerous wires and appliances; and

(x) for providing generally for the protection of life and property damage by fire.

Limited to part of municipality.

290(2)

Any by-law passed under subsection (1) may be made applicable to the whole of the municipality, or to any part thereof described in the by-law.

Subdivision III

POLICE

By-laws for police stations.

291

The council of a municipality may pass by-laws

(a) for acquiring by expropriation or otherwise land in any way necessary or convenient for the purpose of establishing a police station;

(b) for erecting and maintaining police stations, gaols, lock-ups, and other correctional institutions;

(c) for purchasing, leasing, or otherwise acquiring equipment, apparatus, and appliances in any way necessary or convenient for the efficient operation of a police force;

(d) for regulating the operation of gaols, lockups, and other correctional institutions;

(e) for regulating the government of the police force, for preventing neglect or abuse, and for rendering the force efficient in the discharge of its duties;

(f) for delegating to the chief of police the right to maintain discipline in the force by applying and enforcing the penalties set out in the by-law against members of the force guilty of breaches of duty or discipline or of the requirements of any rules applicable to the members of the police force.

Appointment of police constables.

292(1)

Every city and town and every village having a population of 750 or more inhabitants shall appoint a chief constable and may in addition appoint one or more constables for the municipality.

Certain villages.

292(2)

A village having a population of less than 750 inhabitants, and a rural municipality, may appoint a chief constable and one or more constables.

Agreements re. policing.

292(3)

A municipality may enter into an agreement with

(a) the Government of Canada or any minister or agency thereof; or

(b) the Government of Manitoba or any minister or agency thereof; or

(c) any other municipality;

whereby

(d) the duties assigned by law to the police of the municipality will be undertaken and carried out by the members of a police force that is under the control or supervision of the Government of Canada, or the Government of Manitoba, or that other municipality, as the case may be; and

(e) the municipality undertakes to pay the cost thereof.

Effect of agreement.

292(4)

Where a city or town, or a village having a population of 500 or more persons enters into an agreement under subsection (3), it shall be deemed to have complied with subsection (1).

Remuneration of constables.

293(1)

Every constable shall be paid a salary of such amount as is fixed by by-law of the council.

Powers and duties of constable.

293(2)

Each constable shall hold office during the pleasure of the council, and has the same powers and privileges, and is subject to the same liability and to the performance of the same duties, and may act within the same limits, as a constable appointed by the Lieutenant Governor in Council.

Disposal of fees.

294

Where a constable is appointed by any municipality, the fees of his office shall be paid to the treasurer for the use of the municipality.

Suspension of constables.

295

Subject to section 174, any constable may be suspended from office as provided in that section.

Subdivision IV

MAGAZINES FOR EXPLOSIVES

Storing explosive material.

296

Subject to the Explosives Act (Canada) the council of a municipality may pass by-laws

(a) for acquiring by expropriation or otherwise land necessary for the establishment of a magazine for explosives;

(b) for constructing and maintaining a magazine for explosives;

(c) for compelling persons having or using explosive, highly inflammable or dangerous material to store them in the magazine for explosives;

(d) for providing fees and charges for the storing of such material in the magazine for explosives.

Subdivision V

FIREARMS AND FIREWORKS

By-laws.

297(1)

The council of any municipality may pass by-laws

(a) for preventing or regulating the firing of rifles, guns, revolvers, pistols, pellet guns, and other firearms;

(b) for preventing or regulating the use of catapults, slings, bows and arrows, and other weapons;

(c) for preventing or regulating the firing or setting off of fireballs, squibs, firecrackers or other fireworks;

(d) for regulating or prohibiting the sale within the municipality of fireballs, squibs, firecrackers and other fireworks to any person.

Limited to part of the municipality.

297(2)

A by-law passed under subsection (1) may be made applicable to the whole or any part of the municipality.

Subdivision VI

VEHICLES - MOTOR VEHICLE RACE TRACKS, PARKING ON PRIVATE PROPERTY, ABANDONING

By-laws.

298

The council of any municipality may pass by-laws

(a) for prescribing the standards to be observed in the construction and operation of motor vehicle race tracks, motor vehicle speedways and other similar motor vehicle courses, for the protection of persons attending them;

(b) for requiring the operators of any such race track, speedway, or course to obtain a licence for the operation thereof;

(c) for imposing a penalty for any infraction of any such by-law.

Parking vehicles on private property.

299(1)

The council of any municipality may pass by-laws, applicable to the whole or any part of the municipality,

(a) prohibiting a person from parking or leaving a vehicle on private property on which there is erected and maintained a sign indicating that the parking of vehicles thereon is prohibited;

(b) prohibiting a person from parking or leaving a vehicle, without the permission of the owner, occupant, or the person in charge or control, of the property, on private property on which there is erected and maintained a sign indicating that unauthorized parking of vehicles thereon is prohibited;

(c) prohibiting a person from parking or leaving a vehicle, during a period specified in the bylaw, without permission of the owner, occupant, or the person in charge or control, of the property, on private property on which there is erected and maintained a sign indicating that unauthorized parking of vehicles thereon during that period is prohibited;

(d) requiring any owner, occupant, or person in charge or control, of private property who wishes to take advantage of a by-law to which this section refers for the purpose of keeping persons, or unauthorized persons, from parking or leaving vehicles on the property, to erect and maintain thereon a clear and legible sign, in a form prescribed in the by-law, indicating

(i) that parking of vehicles thereon is prohibited; or

(ii) that unauthorized parking of vehicles is prohibited; or

(iii) that unauthorized parking during specified periods is prohibited;

(e) providing that the owner of any vehicle and the driver thereof shall incur the penalty provided for any violation of the by-law;

(f) appointing garage keepers as vehicle pound keepers;

(g) providing for the removal from private property of a vehicle parked or left there in contravention of a by-law passed under this section, and the impoundment thereof by a vehicle pound keeper;

(h) fixing the charges for the removal and storage of any vehicle removed from private property under the authority of a by-law passed under this section;

(i) imposing a fine of not more than $20. on any person found guilty of violating the provisions of any such by-law;

(j) providing for the release of any vehicle from any vehicle pound upon the payment of all removal, impoundment, and storage charges payable to the pound keeper;

(k) prescribing forms of signs for the purposes of the by-laws to which this section refers.

Lien in favour of garage keeper.

299(2)

The costs and charges incurred in towing, removing, impounding, and storing a vehicle removed under this Act are a debt owed by the owner of the vehicle, and create a lien in favour of the person towing, removing, impounding, or storing the vehicle to the same extent, and in the same manner, as if the debt were incurred under The Garage Keepers Act.

Meaning of "derelict vehicle".

300(1)

In this section, an object shall be conclusively deemed to be a derelict vehicle if it is not a new and unused vehicle, and if

(a) it is not in operating condition;

(b) it does not have attached thereto, and exposed thereon, one or more number plates issued under The Highway Traffic Act for the current registration year under that Act;

(c) it is kept in the open; and

(d) the owner thereof either

(i) has abandoned it; or

(ii) is keeping it primarily for the purposes of salvaging or selling parts therefrom, or for the eventual sale thereof as scrap metal;

and a derelict vehicle also includes the body or chassis of a used motor vehicle all or some of the parts of which have been removed, and to which clauses (b), (c), and (d) apply.

Determination of abandonment.

300(2)

Unless the owner thereof establishes the contrary to the satisfaction of the clerk of the municipality, or of a court, if the matter is before the court for adjudication, an object to which subsection (1) otherwise applies shall be deemed to have been abandoned within the meaning of clause (1)(d) if, for a period of at least one month,

(a) it has been left in the open; and

(b) it has in the opinion of the clerk or the court been deserted.

By-law respecting derelict vehicles.

300(3)

The council of any municipality, including The City of Winnipeg, may pass by-laws

(a) prohibiting a person from parking or leaving derelict vehicles on private property with or without the consent of the owner of the property;

(b) requiring any owner, occupant, or person in charge or control, of private property who wishes to keep derelict vehicles thereon to obtain a licence for the purpose from the municipality and fixing the amount to be charged for the licence;

(c) providing for the removal from private property of any derelict vehicle parked or left thereon in contravention of a by-law passed under this section and for the impoundment, storage, destruction, or disposition thereof;

(d) fixing the charges for the removal, impoundment, storage, destruction, or disposition of any derelict vehicle removed from private property under the authority of a by-law passed under this section;

(e) imposing a fine of not more than $20. on any person found guilty of violating the provisions of any such by-law, and providing that each day on which the violation of the provisions of the bylaw continues is a separate offence.

Costs.

300(4)

The costs and charges incurred in towing, impounding, storing, destroying, or disposing of a derelict vehicle removed by a municipality under a by-law passed under this section is a debt owed by the owner of the derelict vehicle and the owner of the property from which it was removed, jointly and severally, to the municipality, and may be recovered by the municipality in any court of competent jurisdiction.

Exemption from liability.

300(5)

A municipality is not liable for damages for anything done by it that it is authorized to do under this section, if it satisfies the court that it had reasonable cause to believe that the object with respect to which the action was taken was, in fact, a derelict vehicle.

DIVISION IV

BUILDINGS, ZONING, EXCAVATIONS

Subdivision I

CONSTRUCTION, PRESERVATION, SAFETY MEASURES, BUILDING REGULATIONS, UNSIGHTLY PREMISES

Definitions.

301(1)

In this Subdivision

"commission" means The Building Standards Commission appointed under subsection 302(2); ("Commission")

"dwelling" means a building or structure, or part of a building or structure, occupied, or capable of being occupied, in whole or in part, for the purposes of human habitation, and includes the land and premises appurtenant thereto and all porches and sheds or other out buildings, and all steps, fences, or erections thereon or therein; ("habitation")

"enforcement officer" means any inspector, or other officer or employee of the municipality appointed under section 164 and authorized to take action for carrying out or enforcing any provision of this Subdivision; ("inspecteur")

"National Building Code" means The National Building Code, 1970, and amendments thereto, as approved and published by the National Research Council of Canada including any tables, standards, codes, and appendices to which reference is made therein, with any variations therein, additions thereto, or deletions therefrom, prescribed by the Lieutenant Governor in Council; ("Code national du bâtiment")

"owner" means the owner of land, and includes the person for the time being managing or receiving the rent of, or paying the municipal taxes on, the land or premises in connection with which the word is used, whether on his own account or as an agent of, or trustee for, any other person, or who would so receive the rent if the land and premises were rented or leased. ("propriétaire")

Adoption of code.

301(2)

A municipality may, by by-law, adopt The National Building Code, or any portion thereof, or the short form thereof, or any portion thereof, as the standards

(a) for buildings in the municipality and building materials used therein;

(b) for plumbing and plumbing installations in the municipality; and

(c) for equipment or appliances used in building in the municipality.

Cities required to adopt code.

301(3)

Each city, and each town with a population of more than 5,000 persons, and each municipality designated by the Lieutenant Governor in Council for the purposes of this subsection, shall, by by-law, adopt The National Building Code as the standards

(a) for buildings in the municipality and building materials used therein;

(b) for plumbing and plumbing installations in the municipality; and

(c) for equipment or appliances used in building in the municipality.

Variations to code.

301(4)

The Lieutenant Governor in Council may prescribe variations in, additions to, and deletions from, The National Building Code for the purposes of adoption of The National Building Code by municipalities under subsections (2) or (3), or for the purposes of adoption of any particular municipality under subsection (2) or (3).

Committee on code.

301(5)

The minister may establish, and appoint members to, a committee to advise him upon matters pertaining to The National Building Code, and any related matters; and the committee shall report to the minister.

By-laws.

301(6)

The council of any municipality may pass by-laws,

(a) for providing that a building inspector appointed under section 161 may exercise all the powers and authorities set out in The Buildings and Mobile Homes Act, of an inspector or other like officer referred to therein, and for providing for fees to be paid to the inspector by the owners or occupants of premises inspected by him, or by persons applying to him for permits for the erection, repair, removal, or demolition of buildings;

(b) subject to subsection (4), for requiring that a permit to erect, repair, remove, or demolish any building be obtained from the building inspector, or other officer duly authorized, before the work of erection or repair is proceeded with, and for providing that plans and specifications of the building or of the proposed repairs, sufficiently indicating the character of the work proposed, be submitted and filed with the clerk of the municipality;

(c) for providing for the inspection of all buildings during the progress of erection, repair, removal, or demolition by the building inspector or other duly authorized officer;

(d) for prohibiting the occupation of any building that, in the opinion of an officer authorized for the purpose, has been erected or repaired in contravention of this Act or any Act or by-law of the municipality;

(e) for regulating and prohibiting additions or repairs to buildings within the municipality or a specified area thereof, with a view to safety from fire, and for providing that, if the repairs necessary to any building on account of dilapidation, injury by fire, or other cause, equal a certain specified proportion or percentage of the actual value of the existing building, the repairs shall be considered a re-erection thereof, and be altogether prohibited by the building inspector or other duly authorized officer of the municipality;

(f) for regulating and compelling the erection, alteration, or repair, of buildings to be such as to ensure warmth and comfort to the occupants thereof, and for regulating the quality and amount of material to be used therefor, and the general method of construction thereof, and for prohibiting the erection, alteration, or repair, of buildings not in accordance with the regulations made under this clause;

(g) for limiting the height of buildings according to classes, and, for the purpose, classifying buildings according to their use or to the materials to be used in, and the character and method of, the construction thereof;

(h) for regulating the lighting of entrances to elevators, courts, and corridors in apartment, tenement, and business blocks and buildings.

Details of plans.

301(7)

The plans required under clause (6)(b) shall include provisions for compliance with this Act and The Public Health Act and the by-laws of the municipality in regard to sanitary and other matters.

Right of appeal.

301(8)

Any decision of, order issued by, or action taken or proposed or about to be taken, by the council of a municipality or by an enforcement officer, under

(a) clause (6)(a), (b), (d), (e), or (f);

(b) clause 304(d);

(c) subsection 306(2);

(d) subsection 308(1);

(e) subsection 311(1); or

(f) subsection 314(1);

is subject to appeal.

Committee of council on appeals.

302(1)

The council of any municipality may, by by-law, provide for the appointment of a committee of the council, which, subject to subsection (3) and to section 303, shall hear appeals for which provision is made in this Subdivision.

Building Standards Commission.

302(2)

In lieu of appointing a committee of council as provided in subsection (1), the council of the municipality may appoint a commission to be known as The Building Standards Commission, consisting of not more than five persons, of whom not more than one shall be an officer, employee, or member of the council, and of whom three constitute a quorum of the commission; and the members of the commission may be paid such remuneration as the council determines.

Building Standards Board.

303(1)

The Lieutenant Governor in Council may establish, and appoint members to, a board to be known as " The Building Standards Board", and may assign to the board such duties and functions as he deems advisable, and, without limiting the generality of the foregoing, may

(a) require that, where a municipality does not appoint a committee of council under subsection 302(2) or a commission under subsection 302(3), the board shall perform the duties of such a committee or the commission in respect of that municipality;

(b) refer matters of interpretation of The National Building Code to the board for adjudication;

(c) provide that any appeal from a committee of council appointed under subsection 302(2) by a municipality, or a commission appointed by a municipality under subsection 302(3) be to the board instead of to a judge of the Court of Queen's Bench as provided under subsection (4).

Powers of committee or commission.

303(2)

Upon the hearing of an appeal, the committee of the council or the commission may

(a) rescind or suspend any order given by an enforcement officer; or

(b) extend the time within which compliance with the order shall be made; or

(c) make such other order as in the circumstances of each case it deems just;

and the decision or order of the committee of the council or the commission, upon being communicated to the appellant, stands in place of the order against which appeal is made; and any failure to comply with the decision or order is an offence.

Procedure on appeals.

303(3)

The council shall, by by-law, determine the procedure to be followed on appeals under this Subdivision.

Appeal to judge.

303(4)

Any person affected by a decision or order of a committee of council or the commission on an appeal made to it, may appeal from the decision or order to a judge of the Court of Queen's Bench.

Powers of judge.

303(5)

Upon the hearing of an appeal, the judge, if he is satisfied that the decision or order from which appeal is made was wrong, may, by his order, quash or vary the decision or order from which appeal is taken, and his order is final and not subject to further appeal.

Conflict with code.

303(6)

Where, under this Subdivision, the council adopts the National Building Code, if it appears that any provision of that Code conflicts with any provision of this Subdivision, the provision of that Code prevails, and shall be deemed to have been enacted and to be law in place of the conflicting provision of this Subdivision.

By-laws respecting equipment.

304

The council of any municipality may, subject to The Electricians' Licence Act, and The Manitoba Hydro Act, pass by-laws,

(a) for the inspection and regulation of electrical generators and motors, and of all wires and apparatus for conducting electric current for heat, light, power, or other purposes;

(b) for prescribing appliances, devices, methods, and conditions, for the safety of operatives, of property, and of the public;

(c) for prohibiting the use of materials or methods of installation and conduction injurious to safety, and for enforcing any such regulations;

(d) for causing the removal or disconnection of, or prohibiting the use of, appliances that are unsafe or dangerous;

(e) for prescribing fees to be paid to inspectors by the owners or occupants of premises inspected;

(f) for regulating and licensing persons engaged in the installation of electric wiring or other work in buildings other than the power houses of corporations providing electric power for lighting or transportation purposes;

(g) for examining the qualifications and fitness of persons to whom clause (0 applies;

(h) for requiring from persons to whom clause (f) applies, a bond for the safe and thorough performance of duty in compliance with any bylaw of the municipality or of any Act of the Legislature;

(i) for appointing meter readers;

(j) for prohibiting, regulating, and inspecting, the installation and operation of gasoline systems for light, heat, power, or other purposes and of all works and apparatus connected therewith;

(k) for prohibiting the use of materials, methods of installation, storage, conduction, or operation, deemed injurious to health or safety;

(1) for inspecting the systems, appliances, conditions, materials, and methods to which reference is made in clauses (b), (j), and (k); and (m) for charging the cost of any such inspection upon the owners or users of the items inspected.

Preventing injury to property.

305

The council of any municipality may pass by-laws for preventing the defacing of private or other property by printed or other notices.

By-laws for proper standards.

306(1)

Without restricting the generality of subsection 301(2), the council of any municipality may pass by-laws

(a) for fixing the standards of fitness for human habitation to which all dwellings shall conform;

(b) for fixing the standards relating to the state of repair and to the maintenance of the physical conditions of the exterior surfaces of dwellings, and of other buildings situated upon the site of a dwelling;

(c) for requiring the owners of dwellings that do not conform to the standards to make them so conform;

(d) for requiring the owner of a building, structure, or appurtenance that forms part of a dwelling, and that does not conform to the standards, to demolish all or any part thereof;

(e) for prohibiting the use of dwellings that do not conform to the standards;

(f) for authorizing the placarding, in such manner as the by-law may specify, of dwellings that do not conform to the standards;

(g) for prohibiting the pulling down or defacing of any such placard;

(h) for governing and regulating persons in the use and occupancy of dwellings;

(i) for fixing standards for non-residential property or any class or classes thereof within the municipality or any part thereof and for prohibiting any person from using or permitting the use of any such non-residential property that does not conform to the standards; and

(j) for requiring the owner of any non-residential property and, to the extent that he is made responsible under the lease or agreement under which he occupies the property, the occupant thereof to repair and maintain the non-residential property in accordance with the standards or to demolish the whole or any part of the non-residential property.

By-laws for closing dwellings.

306(2)

The council of a municipality may pass by-laws,

(a) for condemning, preventing the occupation of, and closing up, any dwelling reported by the health officer to be in an unsanitary condition;

(b) for imposing a penalty on the owner for permitting the dwelling to be in such a condition and providing for his prosecution;

(c) providing for the imposition of a penalty from day to day, not exceeding $20. for every day the dwelling is permitted to remain in that condition; and

(d) for authorizing any enforcement officer to enter upon and inspect premises whereon there is any dwelling in an apparent unhealthful or unsafe condition or likely to be a cause of fire.

Notice to remedy default.

306(3)

Where upon inspection an enforcement officer finds any dwelling

(a) that does not comply with the standards established under subsection 301(2), or under subsection (2); or

(b) that is in a condition to which clause (2)(a) or (d) applies;

he may, by notice given as prescribed by by-law, to the owner or to the occupier, agent, or person in charge of the dwelling, order him, within such time as the enforcement officer specifies, to do or cause to be done such things as will, in the opinion of the enforcement officer, be sufficient to put the dwelling in a condition that complies with the standards mentioned in clause (a), or to which subsection (2) does not apply.

Offence.

306(4)

Subject to subsection 302(1), every person who fails to comply with an order given to him by the enforcement officer under subsection (3) is guilty of an offence.

Defence to charge.

306(5)

Any person accused of an offence under subsection (4), may raise as a defence that, at the time the order of the enforcement officer was made, the dwelling complied with the standards mentioned in clause (3)(a), or was not in a condition to which subsection (2) applies and, if the magistrate is satisfied that the building, structure, premises, or appurtenance did comply with those standards at that time or was not then in a condition to which subsection (2) applies he shall acquit the accused.

Limitation on defence.

306(6)

Where a person accused of an offence under subsection (4), was the owner of the dwelling on the day the order of the enforcement officer was made, it is not a defence that he is no longer the owner thereof.

Advance of cost by municipality.

307(1)

Where the owner of any dwelling is unable to pay the cost of making it conform to the standards required in a by-law passed under subsection 301(2) or subsection 306(1), or to put it in a condition to which subsection 306(2) does not apply, the municipality may advance money to, or for the benefit of, the owner to the extent necessary to pay the cost; and the council of the municipality may pass by-laws for the issue of debentures to raise the money to be so advanced.

Lien for amount of advance.

307(2)

Where the municipality has advanced money as provided in subsection (1), it has a lien upon the land occupied by, or appurtenant to, the dwelling in respect of which the advance was made, for the amount of the advance together with interest thereon at the current rate charged in respect of moneys borrowed, as that rate is fixed by the board on application to it by the council.

Repayment of advance.

307(3)

The amount of an advance made under subsection (1), with interest thereon, is repayable to the municipality by the owner of the dwelling in equal consecutive annual instalments, which shall be paid over a period of years fixed by the council, but not exceeding 10 years, and one of the instalments shall be added in the tax roll to the taxes on the land mentioned in subsection (2), in each year during the period fixed under this subsection, and shall be collected in the same manner as ordinary taxes in arrears.

Varying periods.

307(4)

The period fixed under subsection (3) need not be the same in the case of each advance.

Certificate for registration.

307(5)

A certificate of the clerk of the municipality setting out the amount advanced to, or for the benefit of, any owner under subsection (1) and the rate of interest thereon, together with a description of the land occupied by, or appurtenant to, the dwelling in respect of which the amount was advanced, sufficient to identify the land, may be registered in the proper land titles office against the land upon proper proof by affidavit of the signature of the clerk.

Discharge of lien.

307(6)

Upon repayment in full to the municipality of the amount advanced and the interest thereon, a certificate of the clerk of the municipality showing the repayment may be registered in like manner as provided in subsection (5); and the land is thereupon discharged from liability with respect to the advance and interest thereon, and from the lien arising therefrom.

Power to demolish buildings.

308(1)

Where the owner of any dwelling

(a) fails, within such time as may be specified, to make the dwelling conform to the standards required by a by-law passed under subsection 301(2) or subsection 306(1), or to put it in a condition to which subsection 306(2) does not apply; or

(b) fails to demolish all or any part of any building, structure, premises, or erection forming part of the dwelling as directed by the enforcement officer, the committee of council, or the commission, as the case may be;

the municipality, in addition to all other remedies, may make the dwelling conform to the standards, or put it in a condition to which subsection 306(3) does not apply, or demolish, or cause to be demolished, all or any part of any building, structure, premises, or appurtenance forming part of the dwelling, and do any work on adjoining property necessitated by the work involved in making the dwelling conform to the standards, or putting it in the condition aforesaid, or in demolishing it or any part thereof.

Entry for enforcement.

308(2)

For the purposes of subsection (1), the officers, employees, and agents of the municipality may enter upon the lands of the owner; and the municipality is not liable to compensate the owner by reason of anything necessarily done by it, or on its behalf, under this section.

Lien for amount expended.

308(3)

The municipality has a lien upon the land occupied by, or appurtenant to, the dwelling in respect of any amounts expended by it under this section; and. the certificate of the clerk of the municipality as to the amount expended is final, and that amount shall be added to the tax roll as taxes for the current year, and shall be collected as taxes.

Notice to mortgagee.

309

Before a municipality advances money under section 307, or undertakes work under section 308 to cause a dwelling to conform to the standards prescribed, or to put it in a condition to which subsection 306(3) does not apply, the municipality shall send by registered mail, to any person appearing, by the title to the land, to have a mortgage thereon, a notice in writing specifying wherein the dwelling is defective; and, if all the specified defects are not remedied within one month of the receipt by the mortgagee of the notice, sections 307 and 308 apply.

Right of entry.

310

An enforcement officer or any other officer, employee, or agent of a municipality, duly appointed and authorized for the purpose, may, at all reasonable times, without the consent of the owner or occupier and upon production of the necessary authority, if demanded, enter upon any land, building or premises in the municipality for the purpose of

(a) inspecting or reading any meter or other appliance or equipment; or

(b) examining any dwelling or other building thereon or any thing appurtenant to any such dwelling or building; or

(c) ascertaining whether compliance is being made with any by-law or regulation enacted or made by the council of the municipality, or with this Act; or

(d) carrying into effect or enforcing any by-law or regulation to which clause (c) applies, or any requirement of this Act.

Buildings dangerous to public safety.

311(1)

Where in the opinion of the council of a municipality, a building, structure, or other premises, is by reason of its ruinous, dilapidated, unsafe, or unprotected condition, dangerous to the public safety, the council may, subject as herein provided, make an order respecting the building, structure, or premises.

Contents of order.

311(2)

Any such order may require the owner within a period of time, which shall not be less than 30 days from the date on which the owner receives a copy of the order,

(a) to remedy the condition in the manner and to the extent directed in the order; or

(b) to demolish or remove the building, structure, or premises and level the site thereof.

Enforcement of order.

311(3)

If the owner does not comply with an order made under subsection (1) within the period specified in the order, the enforcement officer shall carry out the order or cause it to be carried out.

Sale of premises.

311(4)

The removal may be done by way of selling the building, structure or premises, in which case the net proceeds realized from the sale shall be paid to the owner, mortgagee, or other person entitled thereto, unless there is any tax or other charge owing in respect of the building, structure, or premises or the land on which it is situated; in which case the amount of the tax or other charge shall be set-off against the net proceeds of the sale of the building, structure, or premises, and any amount in excess thereof shall be paid to the owner, mortgagee, or other person entitled thereto.

Proceeds less than costs.

311(5)

Where the proceeds from the sale of the building, structure, or premises, after deduction of taxes or other charges owing thereon are insufficient to meet the costs of the demolition or clearance of the site, or if no proceeds are realized from the demolition and removal of the building, structure, or premises, the council may charge against the owner of the land on which the building, structure, or premises was situated, the costs of the work done, and recover those costs as a debt due to the municipality, or charge the costs against the land concerned as taxes due and owing in respect of that land, and recover the costs as such

Copy of order sent to persons interested.

311(6)

The clerk of the municipality shall send forthwith, by registered mail, a copy, certified by him, of any order made under this section, to the owner of the land upon which there is situated a building, structure, or premises affected by the order, and to any other person who appears by the certificate of title, or other registrations affecting the title to the land, to have a mortgage thereon or other interest therein.

Removal of occupants.

311(7)

In order to effect a demolition or removal of any building pursuant to this section, the council may cause the occupants of the building to be removed by force.

Meaning of "structure".

311(8)

In this section, "structure" includes an underground or surface tank or container containing erosive, flammable or noxious liquids or materials.

Emergency action.

312(1)

Notwithstanding section 311, where, in the opinion of the council, an unoccupied building is so ruinous, unsafe, or dilapidated as to be dangerous, or likely to cause injury to a person or damage to property, the municipality may promptly take such reasonable emergency action as is required to eliminate or minimize the hazard.

Notice of hearing by council.

312(2)

When such emergency action has been taken, the clerk of the municipality shall forthwith send, by registered mail, to the owner of the building a notice

(a) advising him of the action of the municipality, and of its intention to charge the cost thereof against the land on which the building is or was situated; and

(b) inviting him to appear before a committee of the council appointed for the purpose, on a date stated in the notice, for the purpose of

(i) disputing the justification of the municipality having acted under this section;

(ii) contesting the intention of the municipality to charge the costs of the emergency action against the land.

Date of hearing.

312(3)

The date of the committee meeting stated in the notice sent under subsection (2) shall not be earlier than 14 days after the date on which, in the ordinary course of mail, the owner would receive the notice.

Non-appearance.

312(4)

Where an owner fails to appear before the council, subsections 311(4) and (5) apply.

Accumulation of rubbish prohibited.

313

No person shall permit premises within 500 feet of a highway, and that are owned or occupied by him, to be unsightly by permitting to remain, on any part of the premises, any ashes, junk, rubbish, refuse, residue of production or construction, or abandoned machinery, other than automobiles, unless the premises are adequately concealed from the view of any person standing on the highway, by a fence, hedge, or other structure.

Copy of order to owner.

314(1)

Where the council of a municipality is satisfied that a condition mentioned in section 313 exists in the municipality, it may order the owner or occupier of the premises to correct the condition and cause a copy of the order to be served on him as provided in subsection (2).

Contents of order.

314(2)

An order made under subsection (1) shall

(a) be in writing;

(b) be signed by an officer designated by the council;

(c) state that the condition mentioned in section 313 exists;

(d) state what must be done to correct the condition;

(e) state the date before which the condition must be corrected; and

(f) be served either by personal delivery thereof to the person to be so notified or by sending it to him, by registered mail, addressed to him at his latest address as shown by the records of the municipality.

Compliance with notice and offence.

314(3)

On receipt of a copy of an order served on him under subsection (1), the owner or occupier shall, subject to appeal as herein provided forthwith comply with the requirements set out in the notice pursuant to clauses (2)(d) and (e); and if he refuses to do so or omits, fails, or neglects to do so within 30 days after receipt by him of the notice, or within 30 days after the disposal of his appeal, if any, he is guilty of an offence and is liable to a fine of not more than $100., or to imprisonment for a term not exceeding one month, or to both.

Correction of condition.

314(4)

Where a person to whom a notice is sent under subsection (1) refuses to comply with the requirement set out in the notice pursuant to clauses (2)(d) and (e), or omits, fails, or neglects to do so within 30 days after receipt by him of the notice, or within 30 days after the disposal of his appeal, if any, the municipality may, by its employees or agents, enter on the land on which the unsightly condition exists and take such measures as are necessary to remedy or correct the condition, and may charge the cost thereof against the land and collect it in the manner in which taxes are collected, or may sue for, and recover judgment for, the amount of the costs against the owner or occupant in any court of competent jurisdiction.

Subdivision II

PLANNING AND ZONING - GENERAL

Definitions.

315

In this Part

(a) "planning scheme" means a planning scheme within the meaning of The Planning Act; and

(b) a reference to The Planning Act, unless the context otherwise requires, includes any Act for which that Act was substituted.

Subdivisions and building lots.

316(1)

The council of any municipality may pass by-laws

(a) for restricting the number of subdivisions within any designated area in the municipality;

(b) for regulating and controlling the number and size of the building lots in any one or more subdivisions or any portion thereof, or in any designated area in the municipality; and

(c) for imposing conditions with which persons laying out and developing new subdivisions must comply.

Powers subject to planning scheme.

316(2)

Where a planning scheme under The Planning Act has been adopted by, and is in force in, a municipality, the powers set out in subsection (1), if exercised by the council, shall be exercised subject to the provisions of that planning scheme.

By-laws for acquiring subdivided property.

317(1)

The council of a municipality may pass by-laws

(a) for acquiring lots or blocks in subdivided property in cases where the greater portion of the subdivided property has already been acquired by the municipality, and for exchanging therefor other land belonging to the municipality;

(b) for acquiring by purchase, exchange, or otherwise as herein provided,

(i) any land, buildings, or improvements that it deems to be necessary to enable it to carry out, implement, or put into effect at some future time, any plan of development incorporated in a planning scheme;

(ii) any land, buildings, or improvements, required to alter, widen, or connect up any existing or proposed highway;

(iii) any land required to provide for any park, playground, open space, or public building site or other public improvement;

and for disposing thereof when no longer required upon such terms as it sees fit.

Expropriation of land in certain cases.

317(2)

Land required for any of the purposes mentioned in clause (l)(b) may be taken without the consent of the owner and expropriated.

Subdivision III

ZONING

Creation of restricted zones.

318

Subject to section 319, where a municipality desires to create, and regulate or control, special zones or districts within the municipality, and the uses to which land in those zones or districts, and the buildings or other structures therein, shall or shall not be put, it shall proceed as provided in The Planning Act and not otherwise.

By-laws.

319

Where the council of a municipality has not adopted and put into force a planning scheme for the municipality, or for a specified part thereof, it may pass by-laws, applicable to the whole municipality, or to that specified part thereof, as the case may be,

(a) prohibiting or restricting to a specified area, and regulating, the erection, establishment, maintenance, or continuance of abattoirs, slaughter houses, butcher shops, blacksmith shops, machine shops, forges, foundries, garages, storage houses, mills, factories, laundries, rag, bottle, or junk-shops, gas works, tanneries, distilleries, brick, tile, or cement plants or yards, or other factories or trades that prove, or are likely to prove, nuisances;

(b) designating places within the municipality for the slaughter of animals commonly used for food, and compelling the use of those places for that purpose;

(c) prohibiting or restricting to a specified area, and regulating, the erection, establishment, maintenance, or continuance of schools, hospitals, or other public buildings;

(d) prohibiting, or restricting to a specified area, and regulating,

(i) the erection, establishment, maintenance, or continuance of, barns, or livery, feed, or sale stables, or piggeries, cattle byres, dairies, apiaries or other buildings in which cattle, horses, goats, pigs, or sheep, or bees, are kept;

(ii) the use of other enclosures, structures, or places for the keeping of any of the animals mentioned in sub-clause (i), or bees.

Subdivision IV

RECLAIMING LAND

By-laws.

320

The council of any municipality may pass by-laws

(a) for reclaiming, filling in, and converting into land suitable for building or other purposes, rocky, barren, or waste lands, or any wet or low lying lands, or shore lands, or lands, whether below low water or high water mark, that have been acquired by tax sale, or have been granted or conveyed to, or otherwise acquired by, the municipality;

(b) for filling in and levelling any such lands as are described in clause (a);

(c) for constructing and making, reserving, maintaining, and repairing, embankments or supports or causeways or highways over and across the lands so reclaimed or filled in or levelled;

(d) for planning and laying out in building sites lands so reclaimed, filled in, or levelled;

(e) for selling or leasing for a term of years, on such terms as the municipality sees fit, lands so reclaimed, filled in, or levelled;

(f) for laying out and arranging as public wharves, parks, squares, gardens, or recreation areas, lands so reclaimed, filled in, or levelled; and

(g) for putting into effect a plan of development incorporated in a planning scheme.

Subdivision V

BUILDINGS, BUILDING LINES ETC.

By-laws for plans and levels.

321(1)

The council of any municipality may pass by-laws,

(a) subject to subsection (2), for ascertaining, and compelling owners, tenants, and occupants to furnish the municipality with, the levels of the cellars already dug or constructed, or that after the passing of the by-law are dug or constructed along the highways of the municipality; and

(b) subject to subsection (2), for compelling the deposit with an officer designated in the by-law, before the erection of any building is begun, of a ground or block plan of the building, with the levels of the cellars and basements thereof.

Reference to levels.

321(2)

The levels to which reference is made in clauses (l)(a) and (b) shall have reference to a line fixed by by-law.

By-laws prescribing building lines.

322(1)

Subject to subsection (2) and to The Municipal Board Act, the council of any municipality may pass by-laws prescribing, for the municipality or any designated part thereof, the minimum distance that the building line of any parcel of land shall be from the street line thereof.

Building line defined.

322(2)

The building line of any parcel of land is a line

(a) that crosses the width of the parcel; and

(b) that indicates the minimum distance from the street line of that parcel that any part of any building may be placed.

Variable distances of building lines.

322(3)

It is not necessary that the distance fixed in a by-law passed under subsection (1) shall be the same on all parts of the street.

Pulling down buildings.

323(1)

Any building or other structure in the course of being constructed in any municipality, in contravention of this Act or of any by-law of the municipality, may be pulled down and removed by the municipality; and the cost thereof is a debt due to it from the owner, and may be recovered by it in any court of competent jurisdiction.

Notice.

323(2)

Before the pulling down and removal of the building or structure, the municipality shall give the owner thereof at least ten days notice in writing requiring him to pull down or remove the building or structure.

Subdivision VI

SIGNS AND BILLBOARDS

By-laws.

324(1)

Without limiting or restricting any provision of The Highways and Transportation Department Act, or The Highways Protection Act, or any regulation made under either of those Acts, the council of any municipality may pass by-laws

(a) prohibiting the erection, construction, use, or maintenance of, or regulating generally or for any specified area, the location, size, and appearance, of hoardings, billboards, signboards, and other advertising devices in the municipality;

(b) authorizing, prohibiting, or regulating the erection, maintenance, or use of signs or advertising devices upon or projecting over any highway;

(c) for the removal of any thing to which clause (a) or (b) applies, by the owner or by any person on whose land it is;

(d) for the construction, staying, and maintenance of anything to which clause (a) or (b) applies;

(e) imposing a licence fee in respect of any thing to which clause (a) or (b) applies, to be based, if so specified in the by-law, upon the measurements thereof;

(f) requiring any person licensed under this section to furnish the municipality with a bond indemnifying it against all claims, demands, actions, suits, and proceedings, and all costs, in respect of any hoardings, billboards, signboards, signs or other advertising devices to which this section relates, or their erection, maintenance or use.

Limitation on actions.

324(2)

A suit, action or proceeding shall not be brought or instituted against a municipality in respect of any damage, loss, or injury by reason of the erection, maintenance, or use, of any such hoarding, billboard, signboard, sign, or other advertising device, unless it is brought within two years of the suffering of the damage, loss, or injury, and notice in writing of the damage, loss, or injury, indicating the place where it occurred as well as the nature and cause thereof, has been served upon, or mailed to, the clerk or head of the municipality within 48 hours of the suffering of the damage, loss, or injury; but nothing in this section imposes or implies any liability on the part of the municipality in respect of any such damage, loss, or injury, past or future.

Provision for appeal.

325(1)

The council of any municipality may pass by-laws providing a right of appeal from the decision of the building inspector or other official of the municipality appointed for the purpose of administering or enforcing any by-law passed under this Subdivision on any question that arises concerning the location or construction of any building or other structure or the use to be made of any land.

To whom appeal lies.

325(2)

An appeal for which provision is made in subsection (1) shall be made to the council, or a committee of the council appointed for the purpose, or the commission.

Injunction proceedings.

326

Any municipality may apply to the Court of Queen's Bench for an injunction to restrain the location, erection, or use, of any building or structure contrary to its by-laws.

Subdivision VII

OPEN WELLS, EXCAVATIONS, VACANT LAND, TOPSOIL

By-laws.

327

The council of any municipality may pass by-laws

(a) for compelling the owner or occupant of any land whereon there is situated a well that is open or insufficiently guarded to enclose it or cover it up, or for regulating the enclosing or covering up of any such well;

(b) for controlling and regulating the operation of gravel pits, and for prescribing the measures that are required to be taken with respect to gravel pits that are not being operated;

(c) for controlling and regulating the type of land fill that may be used in the municipality, and the condition in which any such land fill must be at any time;

(d) for causing vacant land to be properly enclosed;

(e) requiring any excavation for a basement of a building, or any similar excavation or opening in the ground, that is situated on vacant land, to be filled in or protected in the manner specified in the by-law; and

(f) requiring dugouts, reservoirs, and other places in which water is collected or stored to be enclosed by fences, and controlling and regulating the kind, height, and description of any such fences, and the manner of maintaining and keeping them; and

(g) for controlling, regulating, or prohibiting the removal of topsoil from lands within the municipality, and for prescribing the measures to be taken with respect to any land from which topsoil is or has been removed.

Subdivision VIII

CARE OF CHILDREN

By-laws for curfew.

328(1)

The council of any municipality may pass by-laws, for fixing the time, after eight o'clock in the afternoon, after which children of or under an age specified in the by-law shall not be on any highway or loitering in any other public place in the municipality without proper guardianship, and for providing that the municipality may cause a bell to be rung or other signal given, at or near the time so fixed, as a warning.

Removal of children.

328(2)

Where a peace officer finds a child to whom a by-law passed under subsection (1) applies on a highway or loitering in any other public place in the municipality after the time fixed in the bylaw, the peace officer may order the child to go home immediately, and, if the child fails to obey the order, the peace officer may take the child to the home of the child or to any other suitable place where he may be detained and properly cared for.

Warning to parents, etc.

328(3)

In a case to which subsection (2) applies, the peace officer shall warn a parent or the guardian of the child, either orally or in writing, that he may be prosecuted and fined for permitting or allowing the child to contravene the by-law.

Offence and penalty.

328(4)

Where, after having been warned, as provided in subsection (3), the parent or guardian of a child permits or allows the child to contravene the by-law, the parent or guardian is guilty of an offence and is liable for a first offence, to a fine of $5., for a second offence, to a fine of $10., and for a third or any subsequent offence, to a fine of not more than $25.

Subdivision IX

OPEN STORAGE OF GRAIN

By-laws.

329(1)

The council of a municipality may pass by-laws regulating or prohibiting the storing of grain in the open and unprotected by a fence.

Standard of fences.

329(2)

The council of a municipality may pass by-laws requiring grain stored in the open to be surrounded by a fence and prescribing the standard of fence required to enclose grain stored in the open.

DIVISION V

HEALTH AND SANITATION

Subdivision I

HEALTH AND RELATED MATTERS GENERAL

By-laws respecting health.

330

The council of any municipality may pass by-laws, not inconsistent with The Public Health Act, The Clean Environment Act, or any other Act, or with the regulations made under any such Act,

(a) for providing against the spreading of infectious or contagious diseases;

(b) for preventing the contamination of wells or springs that are in, or streams of water that are wholly or partly in, the municipality;

(c) for regulating and controlling, in the interests of the health of the public, the use of wells, springs, or other sources of supply of water, that are in the municipality, or the water from which flows into the municipality;

(d) for preventing persons bathing or washing themselves in any lake, pond, river, stream, watercourse, or other body of water in, or partly in, the municipality, and that is designated in the by-law;

(e) for compelling the removal and disposal of any thing that is found in the municipality and that the council deems to be dangerous to the health or lives of the residents of the municipality;

(f) generally providing for the health of the residents of the municipality.

Subdivision II

RESPECTING FOOD

By-laws respecting food.

331

The council of any municipality may pass by-laws not inconsistent with The Public Health Act, The Milk Prices Review Act, or any other Act of the Legislature or of the Parliament of Canada, or with the regulations made under any such Act,

(a) providing for the inspection of milk, meat, poultry, fish, and other natural products being prepared, stored, conveyed, or offered for sale for human food or drink;

(b) providing regulations for the care of the products mentioned in clause (a) while in conveyance or transit from place to place;

(c) providing that all meat offered for sale within the municipality and not previously inspected must be brought to a central place for inspection;

(d) for seizing and destroying all tainted and unwholesome meat, poultry, fish, or other articles of food;

(e) for requiring, from any person desiring to offer for sale within the municipality any product mentioned in clause (a), proof that the product is not diseased and is fit for human consumption;

(f) for preventing the use of deleterious materials in making bread;

(g) providing for the seizure and forfeiture of bread made contrary to a by-law;

(h) for preventing the sale of adulterated milk or other articles of food;

(i) for licensing, inspecting, and regulating, places within the municipality where any articles, whether solid or fluid, intended for human consumption, are sold, kept, stored, or prepared for sale;

(j) for inspecting and regulating the methods of handling, and the carriage or transport from place to place, of the products mentioned in clause (a).

Subdivision III

RESPECTING MILK

By-law respecting milk.

332(1)

The council of any municipality may pass by-laws subject to, and not inconsistent with, The Milk Prices Review Act, The Public Health Act, or any other Act of the Legislature or of the Parliament of Canada, or with the regulations made under any such Act,

(a) for licensing, inspecting, and regulating

(i) vendors of milk in the municipality ; and

(ii) dairies from which milk is obtained for sale within the municipality, whether or not the dairies are in the municipality, including stables and enclosures for cows, operated in connection with such dairies;

(b) providing that compliance with the regulations specified in the by-law, as evidenced by a certificate from the medical officer of health, a veterinary inspector, or other duly qualified veterinary surgeon, or an inspector authorized for the purpose, as may be specified in the by-law, is a condition precedent to the issue or renewal of a licence for the operator of a dairy or a milk vendor;

(c) for testing and inspecting cattle and regulating their keeping;

(d) for inspecting and regulating the keeping and methods of carriage of milk; and

(e) providing that certificates issued by a veterinary inspector who, under the directions, or in the employment, of the Government of Canada, has made any tuberculin or other test, and showing the results thereof, be accepted in lieu of a report by a municipal veterinary inspector or other veterinary surgeon for all the purposes of issuing or renewing a licence;

(f) for receiving, hearing and deciding objections to any certificate or report of the medical officer of health or a veterinary inspector or other veterinary surgeon, or an inspector, as to the issue or renewal of a licence for the operator of a dairy or a milk vendor, whether favourable or not, by the council or a committee of council.

Cancellation and reissue of licences.

332(2)

Upon proof satisfactory to it that compliance is not being made, by the operator of a dairy or a milk vendor, with this Act or any by-law of a municipality, or with a regulation or order duly made under this Act or any such by-law, the council of the municipality may, by resolution, cancel any licence issued to that operator or milk vendor, or refuse to renew such a licence; and, upon proof satisfactory to it, that the operator or milk vendor has complied, and is continuing to comply, with this Act or the by-law, regulation, or order, the council may, by resolution, direct the issue or renewal of any such licence for which the operator or milk vendor has applied.

Subdivision IV

HEALTH SERVICES

Action to secure health insurance benefits.

333(1)

Where any resident of a municipality is not an insured person under The Health Services Insurance Act, the municipality, by by-law of council, may take such action as is necessary to secure to that person the benefits of an insured person under that Act.

Payment of charges.

333(2)

Where a municipality takes any action on behalf of a resident under subsection (1), it may, on his behalf, pay all such fees, premiums, or charges as are required by reason of that action; and enter into any agreements or contracts that are required with The Manitoba Health Services Commission or any insurer or person.

Recovery of payments.

333(3)

Any amount paid by a municipality under subsection (2) is a debt of the person on whose behalf it is paid to the municipality and

(a) may be recovered by it by action in any court of competent jurisdiction; or

(b) may be charged as taxes against any real property owned by that person in the municipality; or

(c) may be charged to the general expenses of the municipality;

as the council decides.

Subdivision V

AMBULANCES

By-laws for ambulance service.

334(1)

The council of any municipality may pass by-laws

(a) to purchase or accept as a gift, and maintain and operate, an ambulance service; or

(b) to enter into agreements with, another municipality or with any person or corporation for the purchase, maintenance, and operation, of an ambulance service, and to subsidize any such service.

Requirement for insurance.

334(2)

The municipality shall insure adequately, or require the owner or operator of the ambulance service to insure adequately, against all loss, costs, and damages, incurred by reason of the operation of the ambulance service; and in addition may require a municipality or any person or other corporation operating the ambulance service to indemnify the municipality against any and all loss, costs, and damages incurred by the operation of the ambulance service.

Charges for ambulance services.

334(3)

Where a municipality provides ambulance service, the council of the municipality may fix a fee or charge, or prescribe a method for determining the fee or charge, to be charged for each ambulance call.

Services outside municipality.

334(4)

A municipality may provide ambulance services outside the municipality and where the ambulance equipment, apparatus and appliances of the municipality are used and the ambulance personnel of the municipality are required to work outside the municipality, they shall be deemed for all purposes to be being used or to be working, as the case may be, within a municipality which has acquired the ambulance equipment, apparatus and appliances to provide the services and which has employed the ambulance personnel to provide the services.

Subdivision VI

DROWNING ACCIDENTS

Municipality to recover body.

335(1)

Every officer, and every member of the council, of any municipality within which a drowning accident occurs, upon being notified thereof, shall take immediate steps, at the expense of the municipality, for the recovery of the body of the drowned person, and shall use all reasonable and necessary means for the recovery; and the municipality is liable to pay all reasonable and necessary expenses so incurred upon presentation of proper accounts therefor, duly certified by the officer or person in charge of the operations.

Body in stream between two municipalities.

335(2)

Where such an accident takes place in a river or stream running between two municipalities, the duty and liability falls upon that municipality, the officer or member of the council of which is first notified of the accident.

Body of resident of another municipality.

336(1)

Where it is ascertained that a person drowned, in respect of whose body any municipality has incurred expense, was not a resident of that municipality, but was a resident of another municipality in the province, the first mentioned municipality has a remedy over against the other municipality for, and a right to collect from it, the amount of those expenses by action in any court having jurisdiction.

Recovery of costs from estate.

336(2)

Any municipality that has incurred expense in connection with the body of a drowned person, or that has been called upon to pay and has paid, the expenses incurred by another municipality has the right, and shall be deemed always to have had the right, to recover the expenses from the estate of the drowned person.

Life-saving and dragging apparatus.

337

Every municipality, within which, or adjacent to the boundaries of which, there is any lake, river, or stream in which drowning accidents are liable to occur, may provide, and have convenient of access in some proper place, all necessary boats and appliances suitable for use in recovering, or attempting to recover, the bodies of persons drowned or in danger of drowning.

Burial of unclaimed body.

338(1)

Subject to The Anatomy Act, any unclaimed human body found dead within a municipality shall be buried by, and at the expense of, that municipality; and the municipality may recover the expense from the estate of the deceased.

Rights against other municipalities.

338(2)

Where it is ascertained that the person whose body is unclaimed was a resident of another municipality in the province, the first mentioned municipality has a remedy over against the other municipality for, and a right to collect from it, the amount of the expenses, by action in any court having jurisdiction.

Application to Winnipeg.

339

Sections 335 to 338 apply to all municipalities including The City of Winnipeg.

Subdivision VII

CEMETERIES

By-laws.

340

The council of any municipality may pass by-laws

(a) for acquiring land for public cemeteries, as well within as outside the municipality; but, in the case of rural municipalities, not within any city, town, or village; and for laying out, improving and managing them;

(b) for selling or leasing portions of such land for the purpose of interment in family vaults or otherwise, and for declaring in the conveyance the terms on which any such portion is to be held;

(c) for selling to, or purchasing from, any other municipality any portion of, or any estate or interest in, any public cemetery;

(d) for regulating and controlling the location of cemeteries within the municipality; and

(e) for preventing the violation of cemeteries, graves, tombs, tombstones, or vaults where the dead are interred;

(f) for accepting from a person or group of persons, or from the legal representative of a deceased person, a sum or sums of money and agreeing

(i) to establish, set aside, and maintain, therewith a fund, from the income from which the perpetual upkeep and care of a cemetery, or a designated part thereof, or a designated grave or graves therein, will be defrayed; and

(ii) to invest any such a fund in like manner as sinking funds may be invested as provided in Division III of Part VIII.

Consent to location.

341

No cemetery shall be located within a municipality without the consent of its council.

Proceeds of sale of cemetery lots.

342

All moneys received from the sale or leasing of lots within any public cemetery shall be set apart by the municipality and retained in a special account, and shall be used for the purposes of improving, caring for, and beautifying the cemetery grounds, and for no other purposes.

Contents of by-law.

343

No land shall be acquired for cemetery purposes, as provided in section 340, except under a by-law declaring in express terms that the land is appropriated for a public cemetery and for no other purpose.

Subdivision VIII

CREMATORIUM

By-laws respecting crematoria.

344

The council of any municipality may pass by-laws

(a) for acquiring land for a crematorium;

(b) for constructing and maintaining a crematorium on land so acquired;

(c) for regulating the operation and management of any crematorium owned by the municipality;

(d) for regulating and controlling the location within the municipality of crematoria whether owned by the municipality or any other person.

Subdivision IX

SANITATION

By-laws re. sanitation.

345(1)

The council of any municipality may, pass by-laws, not inconsistent with The Public Health Act or any other Act of the Legislature or of the Parliament of Canada, or with regulations or orders duly made under any such Act,

(a) subject to subsections (2) and (3),

(i) for regulating the construction, maintenance and inspection of private drains, sewers, sinks, and cess-pools, and the manner of draining them; and

(ii) for compelling the owners or occupiers of lands on which the works mentioned in subclause (i) are situated to fill up, repair, drain, clean out, or otherwise deal with them;

(b) for prohibiting spitting in places used by the public, and to which the public resort, and in such other public places as the council by the bylaw designates;

(c) for prohibiting, restricting, controlling, and regulating the placing or depositing of dirt, manure, paper, filth, rubbish, or other refuse on any private or public property, including a highway;

(d) for compelling

(i) the owner of any private property on which there has been deposited anything mentioned in clause (c); or

(ii) the person who placed or deposited, or is responsible for the placing or depositing, of anything mentioned in clause (c) on private or public property, to remove it and, at his own expense, to place or deposit it in a disposal area, either in or outside the municipality, designated by the council;

(e) for the removal, by the municipality, of anything mentioned in clause (c), and the placing or depositing of it in a place mentioned in clause (d);

(f) where the municipality has acted under clause (e), for charging the cost to a person to whom sub-clause (d)(i) or (ii) applies, and providing for the recovery thereof by action in a court of competent jurisdiction, or by adding it to, and recovering it as, taxes against any land in the municipality owned by that person;

(g) for regulating the disposal of animal carcasses and the placing of them in a disposal area, either in or outside the municipality, designated by the council;

(h) for inspecting and regulating barns, stables, cattle byres, piggeries, and other enclosures, wherein animals are reared, maintained, or kept, and requiring them to be kept in a sanitary condition;

(i) for regulating or preventing the encumbering, injuring, or fouling, by animals, of any public wharf, dock, slip, sewer, river, or water, or any highway;

(j) for prohibiting, restricting, regulating, and controlling the construction and maintenance of privies and privy vaults, and for requiring them to be kept in a sanitary condition;

(k) for regulating the kind of pails or other receptacles to be used in connection with privies that shall be provided by the owner or occupant of the premises;

(l) for providing for the number and kind of water closets or privies that there shall be in or upon any premises that are in use as a boarding house, tenement house, lodging house, or in any other building or premises wherein or whereon one or more families live;

(m) for requiring owners, contractors, or workmen engaged in the construction or repair of buildings or public works to provide privy or water closet facilities or accommodation in connection therewith, that is satisfactory in the opinion of the medical officer of health;

(n) for regulating and controlling the use of nuisance grounds or other disposal areas;

(o) for regulating and controlling the operation and use of rest rooms and comfort stations, and for requiring them to be kept in a sanitary condition;

(p) for requiring that all premises in the municipality be put and maintained in a sanitary condition;

(q) for regulating and controlling the kind of flues, chimneys, or other apparatus required to consume the smoke from the furnaces or fire boxes of factories, engines, or boilers, or to prevent it from fouling the atmosphere;

(r) for regulating and specifying the kind and style of receptacles, to be used for holding garbage, slops, manure, and other refuse, that shall be provided by the owners, lessees, tenants, or occupants of any premises;

(s) for prescribing, regulating, and controlling the number of cubic feet of air space that shall be provided in respect of each occupant

(i) of any boarding house, tenement house, lodging house or other place where sleeping accommodation is let for hire or where rooms or sleeping apartments are rented; or

(ii) of any room or apartment in any such house or place;

(t) for regulating the controlling and flushing of streets;

(u) generally for preventing and abating public nuisances that, in the opinion of the council, are detrimental to the health or comfort of the residents of the municipality; and

(v) for providing penalties for the breach of, or other means of enforcing, any by-law passed under this section; including the forcible removal of the occupants of any premises and the closing of the premises.

Limitation of by-law.

345(2)

A by-law passed under clause (1)(a), (j), (k), (n), (p), or (r) may be made applicable to the whole, or any specified area, of the municipality.

Expense of enforcing limited by-law.

345(3)

The expense of enforcing and carrying out the provisions of a by-law passed under subsection (1) and that is limited as provided in subsection (2), may be raised by the municipality annually by a special tax applicable to the area only.

Enforcement of certain by-laws.

345(4)

A by-law passed under clause (1)(k), (m), or (r) may provide that if the person required to make provision as set out in the by-law refuses, fails, omits, or neglects to do so, the municipality may remedy the default and may

(a) charge the cost against the person required to make the provision, and recover it, as a debt due from him to the municipality, by action in any court of competent jurisdiction; or

(b) charge the cost as taxes against the land in respect of which the infraction occurred, and recover it in like manner as taxes are recovered.

Subdivision X

SCAVENGING AND GARBAGE

Acquisition of land for nuisance ground.

346(1)

The council of any municipality may pass by-laws

(a) for acquiring and holding, for the use of the municipality, subject to subsections 203(9) and (10), lands situated in the municipality, in the case of a rural municipality, and within or outside the municipality, in the case of a city, town, or village, to be used for the purpose of a nuisance ground, disposal area, or land fill disposal area;

(b) for establishing and maintaining on land acquired under clause (a), a nuisance ground, disposal area, or land fill disposal area;

(c) for erecting and maintaining on land acquired under clause (a) an incinerator and other buildings, structures, and plant necessary or desirable for carrying out the purposes for which the land is acquired, including the disposal of ashes, garbage, night soil, sewage, and other refuse.

Power to expropriate.

346(2)

Where a municipality desires to acquire land for the purposes mentioned in clause (l)(a), it may take and expropriate the land without the consent of the owner thereof.

By-laws for a scavenging system.

347(1)

The council of any municipality may, pass by-laws

(a) for defining and classifying night soil, sewage, liquid waste, garbage, ashes, or other refuse;

(b) for establishing, regulating, and maintaining, a scavenging system, in the whole, or any designated part, of the municipality ;

(c) providing for the collection, removal, and disposal of night soil, sewage, or liquid waste, or of garbage, or of ashes, and other refuse, throughout the whole municipality or in designated areas of it;

(d) providing for acquiring the machinery and equipment necessary for the purposes mentioned in clause (c);

(e) for appointing persons to control, direct, and manage the system established under clauses (b) and (c);

(f) for providing that the cost of the system established under clauses (b) and (c) be borne

(i) by the municipality at large; or

(ii) if the system is in operation in a part only of the municipality, by a special tax on the owners or occupiers of the lands in respect of which the service is rendered; or

(iii) partly by the municipality at large and partly by the special tax for which provision is made in sub-clause (ii);

and for providing that a special tax levied under sub-clause (ii) or (iii) shall be a charge against the lands to which reference is made therein, and collected as in the case of a tax against the lands;

(g) prohibiting the handling of, or interference with, or removal of, any of the things mentioned in clause (a), or any receptacle therefor, by persons not authorized or required by by-law to handle or remove those things; and

(h) regulating and licensing scavengers.

Contract for garbage collection.

347(2)

In lieu of establishing a system as provided in clause (l)(b), a municipality, on the authority of a by-law of the council, may enter into a contract with any person for the collection, removal, and disposal by him, in the manner set out in the contract, of the things mentioned in clause (l)(a).

Levying of cost of contract

347(3)

Where a contract is made under subsection (2) the cost incurred thereby shall be levied and collected as provided in clause (l)(f) in respect of the cost of a system established under clauses (l)(b) and (c).

Appeal against charges.

347(4)

An owner or occupant of land liable for a share of the expense of the collection, removal, and disposal, of the things mentioned in clause (l)(a), under a by-law passed under clause (l)(f) or under a contract made under subsection (2), may, within 30 days of being notified by the municipality of his share of the expense of the service, appeal in writing to the council of the municipality stating the grounds and nature of his complaint.

Disposal of appeal.

347(5)

The council shall hear the complaint and dispose of it in such manner as to the council seems just and proper; and, for that purpose, it may amend the by-law and adjust the shares of expense imposed under the by-law against any or all owners or occupants of land.

Subdivision XI

SEWERAGE AND PLUMBING

By-laws.

348

The council of any municipality may pass by-laws for

(a) regulating the construction and maintenance of sewers;

(b) regulating the construction, maintenance, and repair of the plumbing installed in any building, and all work connected therewith;

(c) inspecting any sewer or sewer connection, or any pipe or apparatus or other thing connected therewith, or the plumbing installed in any building;

(d) fixing the charge, if any, to be paid by the owner or occupant of any premises for any inspection made under clause (c).

By-laws respecting discharge.

349

Subject to The Environment Act, The Public Health Act, and any other Act of the Legislature or of the Parliament of Canada, and the regulations or orders duly made under any such Act, and without restricting the generality of section 330, the council of any municipality may pass by-laws for

(a) preventing or restricting, controlling and regulating the discharge into any stream, watercourse, drain, sewer, or sewerage system of any deleterious matter, substance or thing, whether liquid or solid, that would be injurious to health, life, or property, or injure, pollute, or damage any stream, watercourse, drain, sewer, sewerage system, or sewage treatment plant;

(b) providing for, and regulating and controlling, the preliminary treatment of any sewage or other deleterious matter, substance, or thing, whether liquid or solid, before it is discharged into any stream, watercourse, drain, sewer, or sewerage system;

(c) compelling any owner or occupant of land to construct and properly maintain such works as the council considers necessary for the proper treatment of any sewage or other deleterious matter, substance or thing, whether liquid or solid, before it is discharged into any stream, watercourse, drain, sewer, or sewerage system, and preventing any such discharge where such works have not been so constructed or are not so maintained;

(d) preventing or reducing the flooding of basements or cellars connected with the municipal sewerage system, by compelling the owner to install and operate a suitable gate valve or other mechanical device for the purpose of cutting off or controlling the connection between the sewerage system and the cellar or basement.

Power to enter on lands to block sewers.

350(1)

A municipality, whenever the council deems it is necessary and expedient, may, by bylaw, authorize and direct its engineer or public works superintendent to enter into and upon any lands and premises for the purpose of

(a) blocking a sewer or sewer connection when, in the opinion of its engineer or public works superintendent, it is advisable that such action be taken to reduce or diminish damage or loss from or incidental to flood;

(b) for so long as its engineer or public works superintendent deems it advisable, maintaining any sewer-block, apparatus, or other thing placed to block a sewer or sewer connection or used in connection therewith; and

(c) when, in the opinion of its engineer or public works superintendent, the blocking of the sewer or sewer connection is no longer required, removing the sewer-block, apparatus, or other thing placed to block a sewer or sewer connection.

Offence and penalty.

350(2)

A person who refuses to permit an engineer or public works superintendent to enter into and upon his land or premises for any of the purposes mentioned in subsection (1), or who removes any such sewer-block, apparatus, or other thing placed to block a sewer or sewer connection, is guilty of an offence and is liable to a fine not exceeding $100., or to imprisonment for a period not exceeding one month.

Blocking private sewers.

351

The council of any municipality may, by by-law, authorize the municipal engineer or any officer or employee of the municipality designated for the purpose to require the owner of any premises served by a private sewer connecting with a river or other body of water,

(a) at his own expense, to block the sewer connection to the satisfaction of the municipal engineer or other officer or employee so designated; and

(b) if the municipality has a sewerage system adjacent to the premises, to connect the premises therewith unless,

(i) in the opinion of the municipal engineer or the other designated officer or employee, it is not practicable to make such a connection; and

(ii) the owner has installed such devices as the municipal engineer or other designated officer or employee deems to be adequate to protect the premises against flooding.

Powers of municipality.

352(1)

A municipality has the same powers with respect to a sewer to which section 351 applies that it has, under section 350, with respect to other sewers.

Offence and penalty.

352(2)

A person who, with respect to a private sewer to which section 351 applies or a sewer block installed therein as required under that section, does any of the things mentioned in subsection 350(2) is guilty of an offence and is liable to the penalty fixed in that subsection.

DIVISION VI

ANIMALS, BIRDS AND PLANTS

Subdivision I

GENERAL

Keeping of animals and birds.

353

The council of any municipality may pass by-laws for regulating or prohibiting the keeping, within the municipality, or within any prescribed area thereof, of domestic or wild animals, domestic or wild fowl or birds, or any species, class or type of such animals and fowl or birds, and either generally or of any kind or class specified in a by-law.

Regulating fur farms.

354

Subject to The Wildlife Act, the council of any municipality may pass by-laws for determining the location within the municipality of farms or ranches for the rearing and maintenance of fur bearing animals, or any of them; and for prohibiting the establishment of such farms or ranches, or any of them, within the municipality or specified areas thereof; and for inspecting and regulating fur farms and ranches within the municipality.

Feed and boarding stables.

355(1)

The council of any municipality may pass by-laws

(a) for acquiring a feed or boarding stable for animals;

(b) for acquiring land and for erecting, equipping, and maintaining a feed or boarding stable for animals;

(c) for appointing a manager for any such stable;

(d) for regulating the conditions upon which animals may be fed or cared for in any such stable;

(e) for fixing the charges to be paid by any person having animals fed or boarded in any such feed and boarding stable.

Application of Stable Keepers Act.

355(2)

The Stable Keepers Act applies to every municipal feed or boarding stable.

By-laws respecting animals on highways.

356

The council of any municipality may pass by-laws

(a) for preventing the leading, riding, or driving of horses or cattle upon sidewalks, boulevards or other places not proper therefor;

(b) for preventing horses or mules being left at large or standing on any of the highways of the municipality without being sufficiently secured to prevent them running away;

(c) for preventing horses or other animals shod with metal shoes from being driven, ridden, or led on a paved highway.

By-laws respecting diseased animals.

357

Subject to the Animal Contagious Disease Act (Canada), the council of any municipality may pass by-laws

(a) for inspecting and testing animals and fowl or other birds in which tuberculosis or other infectious disease exists or is suspected to exist, or is indicated;

(b) for collecting, detaining, and isolating such animals and fowl or other birds for the purpose of making the tests;

(c) for the quarantining of infected animals and fowl or other birds;

(d) for compelling the owners to separate such animals and fowl or other birds from their herds and flocks, on being required to do so by the veterinary inspector;

(e) for compelling the slaughtering, on the order of the veterinary inspector, of animals and fowl or other birds that have not been separated by the owner from their herds and flocks as required by the veterinary inspector; and

(f) for destroying, if required by order of the veterinary inspector, animals and fowl or other birds suffering from disease.

Subdivision II

MUNICIPAL VETERINARIAN

Employment of veterinary surgeon.

358(1)

Upon receipt, on or before October 1 in any year, of a petition, signed by at least 50 electors of a rural municipality, asking that the municipality engage a qualified veterinary surgeon at a salary, to care for and treat, free of charge, domestic animals in the municipality that are, or suspected to be, suffering from any disease, contagious or otherwise, the council of the municipality may

(a) pass the first and second readings of a by-law to give effect, in whole or in part, to the petition; and

(b) at the time provided for holding elections for members of council, submit the proposed by-law to a vote of the electors.

Appointment on assent of electors.

358(2)

If the by-law is approved by a majority of the electors who actually vote thereon, the council may then finally pass the by-law and, after passing it, may, by by-law, engage any qualified veterinary surgeon at such salary, and upon such terms, as are agreed upon between the veterinary surgeon and the council.

Employment by adjoining municipalities.

359(1)

Where the council of each of two or more adjoining or neighbouring municipalities in like manner receives a petition signed by 50 of the electors in a district that is described in the petition, and that lies partly in each of the municipalities, they may each pass a by-law providing for the engaging of a qualified veterinary surgeon, at a salary, to care for and treat animals, free of charge, as provided in subsection 358(1); and each such by-law shall, in like manner, be submitted to the electors of the municipality within the proposed district, and if assented to by a like majority, may be finally passed.

By-law contents.

359(2)

Every such by-law shall set forth the areas within the two or more adjoining or neighbouring municipalities that are to be included in the district, and the proportion of the annual salary of the veterinary surgeon for which each municipality is responsible, and shall also provide that its proportion shall be levied annually by each municipality by a sufficient tax on all the taxable property in the municipality included in the district.

Appointment of veterinary.

359(3)

After passing the by-law the municipalities shall jointly appoint a qualified veterinary surgeon at such salary, and upon such terms, as are agreed upon by their respective councils, to care for and treat animals free of charge, as provided in subsection 358(1).

Subdivision III

ANIMAL DISEASES

Compulsory treatment

360(1)

On receipt of a petition, signed by at least two-thirds of the residents of a municipality who own livestock of any kind therein, and requesting the council of the municipality to enact a by-law providing for the compulsory treatment of all livestock of that kind in the municipality for the prevention of parasitic and other diseases of animals specified in the petition, the council of the municipality may enact the by-law.

Supply of medicines.

360(2)

The council of the municipality may, by the same or a subsequent by-law, enter into arrangements in co-operation with the Minister of Agriculture of the province to obtain a supply of medicinal substances for the treatment and prevention of parasitic and other diseases of animals specified in the petition, and for the sale of the medicinal substances in accordance with the conditions prescribed by the Minister of Agriculture.

By-laws.

361

The council of any rural municipality may pass by-laws,

(a) for compensating, or partly compensating, the owners of animals or fowl or other birds destroyed on the order of a veterinary inspector or other veterinary surgeon under the authority of this Act or the Animal Contagious Diseases Act (Canada), or any other Act or law in force in the province;

(b) for entering into arrangements in cooperation with the Minister of Agriculture of the province to obtain a supply of vaccine or serum for the prevention of animal and bird diseases, and for the sale of the vaccine or serum in accordance with the conditions prescribed by the Minister of Agriculture.

Destruction of certain wild animals.

362

Subject to The Wildlife Act and The Pharmaceutical Act, the council of a municipality may pass by-laws,

(a) for instituting measures for the destruction and control of gophers, raccoons, skunks, and rats within the municipality, and for fixing the bounty to be paid therefor, the proof required that any such animal was killed within the municipality, and the manner of payment;

(b) for the purchase of poison to be used in the destruction of the animals mentioned in clause (a);

(c) for authorizing the supply of poison to the owners and occupants of land in the municipality to be used for the destruction of the animals mentioned in clause (a);

(d) for requiring the owners and occupants of lands in the municipality to take such measures as are prescribed in a by-law, for the destruction of the animals mentioned in clause (a) on lands owned or occupied by them; and

(e) for hiring professional or other hunters to hunt the animals named in a by-law enacted under clause (a), and to provide for the payment of those hunters.

Subdivision IV

DOGS

By-laws for control of dogs.

363(1)

Subject to The Animal Husbandry Act, the council of any municipality may pass by-laws

(a) for restraining, prohibiting, and regulating, the running at large of dogs, having regard to the sex, breed, size, and weight of the dog;

(b) for classifying dogs by breed and sex for licensing purposes, and for prescribing the licence fee to be paid in respect of each dog so classified;

(c) for requiring the owners, possessors, or harbourers of dogs to pay the required licence fee;

(d) for requiring every dog in the municipality that is over three months of age to be vaccinated against rabies;

(e) for issuing licences or dog tags, or both, and requiring that every dog in the municipality shall carry a tag;

(f) for providing that neither a licence nor a tag shall be issued in respect of any dog that has not been vaccinated as required by a by-law passed under clause (d);

(g) for impounding any dog running at large, and

(i) if any fine or other charge imposed by reason of the contravention of the by-law is paid, returning the dog to the owner; and

(ii) in other cases, requiring the dog to be sold or destroyed.

Application to part of r. m.

363(2)

Where a by-law under subsection (1) is passed by the council of a rural municipality, it may be made applicable to the whole or any part of the municipality.

By-laws for operation of dog pound.

364(1)

The council of a municipality may pass by-laws

(a) for acquiring land for the purpose of erecting thereon a dog pound;

(b) for erecting and maintaining and operating a dog pound;

(c) for acquiring

(i) all equipment necessary for the operation of a dog pound; and

(ii) all vehicles and other equipment necessary for apprehending and controlling dogs running at large in the municipality; and

(d) subject to subsection (2), for appointing and paying

(i) a poundkeeper for a dog pound; and

(ii) a dog catcher.

Poundkeeper as dog catcher.

364(2)

A person appointed as a poundkeeper under subsection (1) may also be appointed dog catcher.

Duties.

364(3)

Subject to the directions of the council, and to this Act, and as may be provided in the bylaws of the municipality

(a) a poundkeeper shall operate the dog pound and see that it is kept in a sanitary condition and otherwise in good order; and

(b) a dog catcher shall apprehend dogs running at large in the municipality and bring them to the pound and deliver them to the poundkeeper.

Disposal of impounded dogs.

364(4)

Dogs impounded shall be kept in the pound until released, destroyed, or otherwise disposed of as provided by law.

Subdivision V

INSECT AND PLANT PESTS

By-laws.

365

Subject to The Pesticides Control Act, the council of any municipality may pass by-laws,

(a) for instituting measures for the destruction and control of grasshoppers or other insect pests injurious to crops;

(b) for voting out of the general revenue of the municipality such sums as are required for the purpose;

(c) for prescribing, regulating, and requiring, the treatment of lands with grasshopper bait by the owner or person in charge of the lands;

(d) for instituting measures for the destruction and control of mosquitoes, flies, and other insect pests.

Definitions.

366(1)

In this section

"municipality" includes a local government district; ("municipalité")

"plant" includes a tree, shrub, vine, herbaceous perennial or annual, but does not include a plant of a cereal grain, or an oilseed crop, a forage crop, or sugar beets or turnips. ("plante")

By-laws for control of plant diseases.

366(2)

The council of any municipality may, and when required under or pursuant to The Plant Pests and Diseases Act shall, pass by-laws

(a) for instituting on its own initiative, or, subject to clause (b), for participating in, programs and measures designed to control and eliminate Dutch Elm disease, and, without restricting the generality of the foregoing, programs and measures relating to the quarantine, destruction, and chemical and other treatment, of plants infected or suspected of being infected with Dutch Elm disease; and

(b) authorizing the execution and implementation of agreements between the municipality and the government represented therein by the Minister of Agriculture, or between the municipality, the government as so represented, and one or more other municipalities, relative to the steps to be taken by the parties thereto for the purpose of furthering programs and measures of the type to which reference is made in clause (a).

Apportionment of costs.

366(3)

An agreement made under clause (2)(b) may provide for the apportionment between the parties thereto of all costs to be incurred in implementing the agreement; and, subject to subsection (4), the apportionment may be on such basis as to the parties seems appropriate.

Conformity to regulations.

366(4)

Where a regulation is made under clause 16(g) of The Plant Pests and Diseases Act, the apportionment of the costs to which reference is made in subsection (3) shall be in conformity with the regulation.

Levy for costs.

366(5)

The council of any municipality may, by by-law,

(a) vote out of the general revenue of the municipality such sums as are required; or

(b) levy a special tax of such number of mills on each dollar of the assessed value of the taxable property therein as the council deems sufficient; to pay the costs incurred by the municipality under this section.

DIVISION VII MISCELLANEOUS

Subdivision I

MEMORIALS

By-laws.

367

The council of any municipality may pass by-laws

(a) to erect, equip, and maintain, as a public memorial, any building, statue, bridge, monument, park, or any public work situated wholly within the municipality;

(b) jointly with one or more other municipalities, to erect, equip, and maintain, as a public memorial, any building, statue, bridge, monument, park, or other public work, situated in whole or in part within one of the municipalities or its vicinity.

Subdivision II

REST ROOMS

Rest rooms.

368

The council of any municipality may pass by-laws

(a) for establishing and maintaining a community building or free rest rooms within the municipality or adjacent thereto;

(b) for appointing, from time to time, a committee, partly composed of persons not members of the council, to manage the building or rest rooms; and

(c) for the regulation and management of any such community building or rest rooms.

Subdivision III

PUBLIC ORDER AND MORALITY

By-laws.

369

The council of any municipality may pass by-laws,

(a) for prohibiting drunkenness, profane swearing, obscene, blasphemous, or grossly insulting language;

(b) for prohibiting persons being drunk or disorderly on any highway or in any public place, or in any hotel or other place of public entertainment;

(c) for preventing or regulating the bathing or washing of the person in view of the public in the municipality.

Subdivision IV

NOISES

Prohibiting noises.

370

The council of any municipality may pass by-laws

(a) for regulating or prohibiting the ringing of bells, except church and school bells, blowing of horns, beating of drums, and other noises liable to disturb or annoy residents of the municipality; and

(b) for regulating, controlling, or prohibiting the use, on the highways or in any public place, in the municipality, of loud-speakers or other devices for the amplification of sound.

Subdivision V

FENCES AND HEDGES

By-laws re. fences.

371(1)

The council of any municipality may, subject to subsection (2), pass by-laws,

(a) for regulating or fixing the height, of fences or hedges;

(b) for regulating the kind and description and the manner of erecting, maintaining, and keeping up of fences along highways or parts thereof;

(c) for regulating the manner of planting, maintaining, and keeping up of hedges along highways or parts thereof;

(d) for compensating persons required so to erect, maintain, or keep up, fences along highways or any part thereof, for the increased cost, if any, of so doing;

(e) for compensating persons required so to plant, maintain, or keep up, hedges along highways or any part thereof, for the increased cost, if any, of so doing;

(f) for regulating or fixing the height, extent, and description, of line or boundary fences, and for determining how the cost thereof shall be apportioned;

(g) for directing that any amount so apportioned shall be recovered in the same manner that penalties not otherwise provided for may be recovered under this Act;

(h) for providing for proper and sufficient protection, by means of an upper rail, against injury to animals by fences constructed wholly or in part of barbed wire or any other material.

Creating a hazard prohibited.

371(2)

No fence or hedge shall be so placed, or of such a height, as to limit visibility to an extent that creates a hazard to the safety of persons and traffic on a highway.

Subdivision VI

WEIGH SCALES

Weigh scales.

372

The council of any municipality may pass by-laws for acquiring a site for, and establishing, protecting, and regulating, public weigh scales and necessary conveniences for weighing cattle, hay, coal, and other articles, and for making reasonable charges for the use thereof.

Subdivision VII

AFFORESTATION

Power to undertake forestry projects.

373(1)

The council of any municipality may pass by-laws

(a) for allocating to forestry use any land acquired by the municipality under tax sale proceedings;

(b) for planting trees on lands allocated as provided in clause (a);

(c) for providing a nursery or nurseries for young trees; and

(d) for fencing the lands, protecting the trees, and protecting the lands from trespass or fire.

Disposal of forestry land.

373(2)

Except with the consent of the minister,

(a) no land allocated under subsection (1) shall be sold or leased by the municipality; and

(b) the municipality shall not give or grant any permit or licence to any person for grazing or for cutting timber upon the land.

Subdivision VIII

FRANCHISES

Grant of ferry privileges.

374(1)

A municipality may grant exclusive privileges in any ferry vested in the municipality, other than a ferry between Manitoba and another province, or between Manitoba and the United States, for a period not exceeding 10 years.

Terms of grant.

374(2)

A grant of ferry privileges under subsection (1) may be made upon such terms and conditions as to rates of ferriage and management as the council deems best.

Gas, heat, power or water.

375(1)

Every municipality may, subject to this Act, contract for a supply of gas, heat, power or water, for domestic or public uses within the municipality or part thereof.

Utility contracts.

375(2)

Subject as herein provided, no municipality shall enter into a contract with any person for the supply or furnishing of gas, heat, power or water, for any public use, or any contract to which subsection (1) applies, without first obtaining the authorization of The Public Utilities Board.

Terms of franchises.

375(3)

No municipality shall grant to any person any franchise, right, or privilege, mentioned in subsection (2), for any term exceeding 30 years.

Contracts for street lighting.

376(1)

Subject to subsection (2), a municipality may enter into a contract with Manitoba Hydro for the supply of electrical power for street lighting purposes in the municipality, or a part thereof, without the sanction of its electors.

Contract for part of municipality.

376(2)

Where the contract provides for street lighting in a part of the municipality, the by-law may provide that the whole or a portion of the annual expenditure may be levied against that part.

Contracts for water supply.

377(1)

Subject to The Manitoba Water Services Board Act, any municipality may enter into a contract with any other municipality including The City of Winnipeg or with The Manitoba Water Services Board or any other person or corporation, including a railway company, for a supply of water, to the inhabitants of the municipality or part thereof, and, where required, for the purchase or rental of hydrants, upon such terms and conditions as are set out in the contract.

Approval of electors not required.

377(2)

A contract to which subsection (1) applies does not require the assent of the electors.

Limit on contracts with railways.

377(3)

A contract made under subsection (1) with a railway company shall not be made for a term exceeding five years; but, with the approval of The Public Utilities Board, may be renewed for one or more further terms, each not exceeding five years.

Erection of hydrants.

377(4)

Every municipality that enters into a contract to which subsection (1) applies may erect such hydrants as may be required for the purposes mentioned in subsection (1).

By-laws.

378

Subject to The Public Health Act, The Environment Act, and The Water Rights Act, the council of any municipality may pass by-laws

(a) for establishing, protecting, and regulating, public wells, reservoirs, and other conveniences for the supply of water, and for making reasonable charges for the use thereof, and for preventing the wasting and fouling of public water;

(b) for the purchase, on petition by a majority of the resident electors of the municipality, of the necessary machinery for the boring and drilling of wells within the municipality, and for regulating the use thereof, and the drilling of wells therewith, by the municipality and by the residents thereof;

(c) for regulating the opening, construction, closing, maintenance, and operation, of flowing wells and, if on privately owned land within the municipality, at the expense of the owners of lands on which the wells are located, to be charged against the land and recovered by the municipality in the same manner as taxes in arrear.

Recovery of cost of boring wells.

379

Where a municipality owns well-boring machinery and sinks private wells upon lands in the municipality, at the request of the owners thereof, the cost of the work, if not paid forthwith, may be charged upon the respective lands on which the wells are sunk and collected in the same manner as taxes in arrear, or may be recovered by the municipality as a debt from the respective owners, by action in a court of competent jurisdiction.

Subdivision IX

GRANTS OF MONEY

Grants.

380(1)

The council of any municipality may pass by-laws

(a) for granting aid to any charitable institution;

(b) for making grants in aid of dependants of soldiers as that expression is defined in section 1 of An Act Respecting Soldiers' Estates, or towards any fund designed to aid in the problems of returned soldiers or their dependants with a view to affording relief;

(c) for making grants in aid or for the support of boys' and girls' clubs and objects of a charitable or benevolent character, within or outside the municipality;

(d) for making grants in aid for assisting in the maintenance of any public cemetery within or outside the municipality, upon such terms and conditions as the council may prescribe;

(e) for making grants to a branch of the Association for Community Living, within or outside the municipality;

(f) for granting pecuniary aid to, or otherwise assisting, the dependants of persons who, having distinguished themselves by assisting in the fighting of a fire, or by rescuing persons or property endangered by a fire, are accidentally killed by reason of the fire;

(g) to make grants to assist in the establishment and maintenance of a rest room in the municipality or in an adjoining or neighbouring municipality;

(h) subject to subsection (2), to make grants to any incorporated organization, or to an adjoining or neighbouring municipality, to assist in the erection, alteration, reconstruction in whole or in part, or furnishing of a home for the aged and infirm for the use, inter alia, of residents of the municipality, or some of them;

(i) subject to subsection (2), to make grants to any incorporated organization, or to an adjoining or neighbouring municipality, to assist in the erection of a community centre for the public use of, inter alia, the residents of the municipality, or some of them;

(j) subject to subsection (2), to make grants to any incorporated organization, or to an adjoining or neighbouring municipality, to assist in the erection of a skating or curling rink, or of a skating and curling rink, for the public use of, inter alia, the residents of the municipality or some of them;

(k) to make grants for aiding athletic or aquatic sports of any kind;

(l) to make grants to any other municipality, or to any person or corporation, for the purchase of an ambulance, and the maintenance and operation of an ambulance service, for the benefit of the residents of the municipality, or some of them;

(m) subject to subsections (4) and (5), to make grants to a community development corporation established under Part XXI of The Corporations Act or a regional development corporation established under that Act or both

(i) if the area in respect of which that corporation is incorporated, as set forth in its charter, includes the municipality making the grant or any part thereof; and

(ii) if the annual grant to the corporation does not exceed an amount that is equal to the amount that would be raised by a tax of one mill on each dollar of the assessed value of the taxable lands in the municipality, or the part thereof mentioned in sub-clause (i); and

(iii) if, in the case of a grant to a regional development corporation, the corporation has entered into an agreement with the municipality respecting the making of annual grants by the municipality;

(n) for making grants to the operator of a hospital as defined in The Hospitals Act or to the operator of a school of nursing approved under The Registered Nurses Act, whether the hospital or the school of nursing is situated within or outside the municipality

(i) to assist in the erection or extension of buildings or for the acquisition of lands and equipment for the hospital or school of nursing, or

(ii) to be used to create or augment a reserve fund for the operation of a hospital;

(o) subject to the approval of the minister, for making grants to non-profit corporations to assist them in providing television programming services to the municipality.

Levies for certain grants.

380(2)

Moneys required to pay a grant made under clause (l)(h), (i) or (j) may be raised by a levy against the taxable lands in the municipality or in a part thereof to be benefited.

Regional development corporations.

380(3)

A municipality may enter into an agreement with a regional development corporation respecting the making of grants to the corporation by the municipality; but no agreement made under this subsection shall provide

(a) for the making of grants to the corporation by the municipality in more than three years; or

(b) for renewal or continuation of the agreement by reason of the omission of any party to give any notice.

Restriction on use of certain grants.

380(4)

Subject to any agreement made before the coming into force of this subsection, moneys paid by way of a grant under clause (l)(m) shall not be used directly or indirectly for the purpose of reducing the amount of municipal or school taxes payable to a municipality or for reimbursing any person for the amount of municipal or school taxes paid or payable by that person to a municipality.

Aid to agricultural societies.

380(5)

The council of any municipality may pass by-laws, for granting money or land in aid of any duly organized agricultural society in the municipality or in any adjoining or neighbouring municipality.

Council may make certain grants.

381

The council of any rural municipality may pass by-laws for making grants towards paying the salaries and expenses of district representatives of The Department of Agriculture.

Grants for advertising.

382

The council of any municipality may, by by-law, make a grant or appropriation of money to be expended for the purpose of advertising the community or for the purpose of celebrating an anniversary of the establishment of the municipality or of any community from which the municipality grew.

Subdivision X

CONTRACTS BY OFFICERS OF CHARITIES

Prohibition.

383

No trustee for, and no member of the board of directors or governing board of, any hospital, association, society, or other organization,

(a) that is receiving grants or payments from any municipality; or

(b) that is receiving exemption from taxation under the authority of any statute or by-law;

shall, either in his own name or the name of another, or alone or jointly with another, enter into any contract of any kind, or make a purchase or sale, in which the corporation or organization of which he is a trustee, director, or officer, or of the governing board of which he is a member, is a party interested.

Effect of contravention.

384

Any contravention of section 383 by any person disqualifies him from continuing to hold office as such a trustee, director, or officer, or member, and the contract, purchase or sale is void in any action thereon against the corporation or organization.

End of Part V

PART VI

PARKS, COMMUNITY CENTRES AND RECREATION

DIVISION I

MUNICIPAL PARKS

Where division not applicable.

385

This Division does not apply to a municipality that has adopted Division II of this Part

By-laws for parks.

386(1)

The council of any municipality may pass by-laws,

(a) for acquiring by expropriation or otherwise and using land within the municipality for park, playground, pleasure ground or other recreation purposes;

(b) for laying out, improving, maintaining, and managing land taken or acquired pursuant to clause (a);

(c) for providing, either before or after it has taken or acquired property under clause (a), that the cost thereof, and of making the desired improvements thereon, shall

(i) be paid wholly or partially out of the funds of the municipality ; or

(ii) be charged wholly or partially against the lands that, in the opinion of the council, are benefited by the taking or acquirement and the improvement of the land;

(d) for expending the moneys of the municipality for any of the purposes mentioned in clause (a) or (b).

Gift of private parks.

386(2)

A municipality may accept as a gift for public park purposes any land previously dedicated or set apart as a park, or garden, or as a recreation or ornamental ground, for the use or enjoyment of owners of adjoining or neighbouring lands.

Basis of tax.

387

Any tax levied for the purpose of defraying the costs to which reference is made in clause 386(l)(c) shall be levied either on a frontage basis or on the basis of the assessed value of the adjoining or neighbouring lands.

Recreations in parks.

388

Any municipality may provide, in any park controlled by it, facilities for all forms of recreation and the council thereof may pass bylaws for the use, regulation, protection, government, and operation of the park and recreational facilities and fixing the charges for admission thereto or use thereof.

DIVISION II

PUBLIC PARKS AND PARKS AND RECREATION BOARDS INTERPRETATION

Definitions.

389(1)

In this Division, and Divisions III and IV

"board" means The Parks and Recreation Board of a municipality; ("commission")

"municipality" means a city or town and includes The City of Winnipeg; ("municipalité")

"park" includes avenues, drives, and boulevards that are part of, and in, the park, but does not include highways that pass between parts of a park, but are established and exist independently of the park; ("pare")

"park purposes" includes the furnishing of music or such other entertainment as a parks board prescribes; ("fins de parc")

Previous adoption of division.

389(2)

In this Division and in Divisions III and IV, "the adoption of this Division" or words to the like effect, shall be conclusively deemed always to have included the adoption by a municipality, prior to the enactment of this Division or of any revision thereof, or of any similar provisions of a former Act of like nature for which this Act is substituted.

Subdivision I

PARK SYSTEM

Establishment of park system.

390

The council of any municipality may, by by-law, establish a park or a system of parks; and all parks, established before or after the coming into force of this section, may, by the adoption of this Division as hereinafter provided, be controlled and managed in the manner provided in this Division.

Parks open to public.

391(1)

All parks that are dedicated to public use in any municipality shall be open to the public free of all charge, subject to such by-laws, rules, and regulations as the board makes as to the use thereof.

Beautifying of streets by board.

391(2)

Where a municipality has adopted this Division, it may, by a by-law of the council, subject to section 418, provide that the board has authority to establish, plant, and maintain on any highway in the municipality, whether or not in a park, boulevards, trees, shrubs, bushes, flower beds, flowers, and other things that contribute to, or enhance, the beautification or pleasant appearance of the highway.

Subdivision II

ESTABLISHMENT OF PARKS AND RECREATION BOARD

By-law for adoption of this Division.

392

The council of a municipality may pass a by-law adopting this Division for the municipality; and unless such a by-law is passed, this Division does not apply to the municipality.

Withdrawal of municipality from Division.

393(1)

The council of a municipality that has adopted this Division may pass a by-law withdrawing the municipality from the application of this Division, and the by-law shall set out the date upon which it comes into effect.

Notice of by-law.

393(2)

Where a council passes a by-law under subsection (1), the clerk of the municipality shall forthwith cause a notice describing the substance and effect of the by-law to be published once and to be posted up in the offices of the municipality.

Effect of by-law.

394

On the date upon which a by-law passed under section 393 comes into effect,

(a) the Parks Board or Parks and Recreation Board of the municipality is dissolved; and

(b) all assets of, or administered by, and all liabilities of, the Parks Board or Parks and Recreation Board of the municipality are vested in, and charged upon, the municipality.

Parks under control of board.

395

Upon the adoption of this Division by any municipality, the general management, regulation, and control of all existing parks and avenues, and of all properties both real and personal, applicable to the maintenance of parks belonging to the municipality, and of all parks, avenues, boulevards, and drives thereafter acquired and established by it, shall be exercised by a board, to be called "The Parks and Recreation Board of (naming the municipality)".

Title to property.

396

Upon the coming into force of this section, the ownership of, and title to, all real and personal property at that time vested in the Parks Board or Parks and Recreation Board of any municipality is, subject to section 395, hereby transferred to and vested in the municipality; and, notwithstanding section 395, where this Division is adopted by a municipality, the ownership of, and title to, all real and personal property to which reference is made in section 395, remains vested in the municipality.

Authority over highways.

397(1)

The authority of a board does not extend to any highway open at the time of the adoption of this Division, with the exception of highways over which the municipality has jurisdiction that are expressly specified in the bylaw, or that at any time the council of the municipality, by by-law, declares to be subject to this Division.

Exhibition parks.

397(2)

Nothing in this Division authorizes a board to assume possession or control of any exhibition park in or belonging to the municipality, without the consent of both the council and of any society or agricultural or exhibition association having an interest therein.

Membership of board.

398(1)

Each board consists of the head of the municipality and

(a) not fewer than three, or more than six, other members of the council; and

(b) not fewer than three, or more than six, other persons who are residents of the municipality but are not members of the council thereof.

Corporate status of former boards only.

398(2)

The members of a board are not a body corporate; but nothing herein alters or affects the corporate status of any Parks Board or Parks and Recreation Board in existence on the coming into force of this subsection.

Appointment of council members.

399(1)

On the adoption of this Division by a municipality, the members of each board who are members of the municipal council, other than the head of the municipality, shall, be appointed by the council annually at its inaugural meeting or not later than January 15 in each year.

Term of office of council members.

399(2)

Members of the municipal council who are appointed or become members of the board under subsection (1) shall, subject to section 403, hold office until their successors are appointed or take office.

Appointment of members not councillors.

399(3)

Subject to subsections (4) and (5), the appointment of members of a board who are not members of the municipal council shall be made annually, before January 15 in each year; and each person so appointed shall hold office until his successor is appointed and takes office in the second year following the year in which he is appointed.

First members of new board.

399(4)

In the case of the members of the first board of a municipality who are not members of the council,

(a) if there are three, four, or five such members, two of them shall be appointed forthwith after the adoption of this Division, and hold office for the balance of the year in which they are appointed and thereafter until their successors are appointed in the second year following the year in which they are appointed;

(b) if there are six such members, three of them shall be appointed forthwith after the adoption of this Division, and hold office as in the case of members appointed as provided in clause (a); and

(c) in either case, the remaining members not appointed as provided in clause (a) or (b) shall be appointed forthwith after the adoption of this Division and hold office for the balance of the year in which they are, appointed and until their successors are appointed in the first year following the year in which they are appointed.

Filling of vacancies.

399(5)

Where there is a vacancy in the membership of a board by reason of a member dying, resigning, or ceasing from any other cause to be a member,

(a) in the case of a member who is also a member of the municipal council, another member of the council shall be appointed forthwith as herein provided, unless there are no other members of the council who are not members of the board, in which case the vacancy shall continue and shall be filled, as herein provided, before January 15 in the next following year; and

(b) in the case of a member who is not a member of the municipal council, a person shall be appointed forthwith to fill the vacancy, and the person so appointed shall hold office for the remainder of the term of the person in whose place he is appointed.

First meeting of first board.

400(1)

The members of the first board, on such day, and at such time and place as the head of the council appoints by notice in writing, signed by him and duly sent to the address of each member at least one week before the day so appointed, which shall be within 10 days after the appointment of the members, shall meet at the place stated in the notice for the purpose of organization, shall select one of their number as chairman, and shall appoint a secretary, who may be either one of their own members or any other person they select.

Saving.

400(2)

Where, for any reason, the selection and appointment required under subsection (1) are not made at the time provided in that subsection, they shall be made as soon as possible thereafter.

Tenure of chairman and secretary.

401(1)

The chairman and secretary shall hold their offices at the pleasure of the board, or for such period as the board prescribes.

Acting chairman or secretary.

401(2)

Where the chairman or secretary is absent, or unable to act, the board shall appoint a temporary chairman or secretary.

Board meetings.

402(1)

The board shall meet at least once every month, and at such other times as it thinks fit.

Special meetings.

402(2)

The chairman or any two members may summon a special meeting, by giving at least one day's notice in writing to each member, specifying the purpose for which the meeting is called.

Quorum.

402(3)

No business shall be transacted at any meeting of the board unless a majority of the members are present.

Casting vote of chairman.

402(4)

At all meetings of a board matters shall be decided by the votes of the members present and constituting a quorum, with the exception of the chairman, who has no vote unless the votes of the other members present are equally divided, in which case he has a casting vote.

Vacancies caused by absence.

403(1)

Where any member of a board, other than the head of the municipality, is absent from meetings of the board for three successive meetings thereof without obtaining leave of absence from the board, the board shall recommend that his membership in the board be terminated; and the secretary of the board shall give notice of its recommendation to the council of the municipality at the next meeting thereof.

Action by council.

403(2)

On receipt of a recommendation under subsection (1), the council may

(a) by by-law, revoke the membership of the person to whom the recommendation applies, as a member of the board; or

(b) by resolution, confirm the membership of that person as a member of the board;

and, where action is taken under clause (a), the council may appoint another suitable person as a member of the board in place of the person whose membership is revoked, or may leave a vacancy in the membership.

Members to serve without pay.

404

The members of a board shall serve without compensation; but each member is entitled to receive his actual disbursements for expenses incurred in visiting or superintending parks, when the visit or service is made or rendered by the direction of the board.

Park contracts.

405(1)

No member of a board, or member of the council, shall enter into, or have an interest in any contract with the board, or shall be pecuniarily interested, directly or indirectly, in any contract or work relating to parks or park property.

Shareholders.

405(2)

No person to whom subsection (1) applies shall be deemed to have entered into, or to have an interest in, a contract or to be pecuniarily interested, as mentioned in that subsection, by reason only of his being a shareholder in a corporation having dealings or contracts with the board, unless he has a beneficial interest, directly or indirectly, in at least 50% of the issued capital stock of that corporation.

Penalty for violation.

405(3)

Any person who violates this section forfeits his seat on the board and, if he is a member of the council, his seat on the council; and he is disqualified from holding any municipal office or voting at an election for a period of three years.

Additional penalty.

405(4)

A person to whom subsection (3) applies is guilty of an offence and is liable to a fine of not more than $300. and in default of payment to imprisonment for a period of not more than six months.

Employment of clerks.

406

A board may employ all necessary clerks, agents, and servants, and may prescribe their duties and compensation.

Appointment of treasurer.

407(1)

A board shall appoint a treasurer who may be a member of the board or may be an employee of the municipality; and the board shall fix the term of office and the remuneration of the treasurer so appointed.

Appointment of secretary-treasurer.

407(2)

In lieu of appointing both a secretary and a treasurer, the board may appoint a secretary-treasurer who shall discharge the duties of both secretary and treasurer; and subsection (1) applies to a person so appointed.

Duties of secretary.

407(3)

The secretary of a board shall enter all proceedings of the board at meetings thereof in the minutes thereof; and shall keep, in books kept for the purpose, a record of all orders and all other proceedings of the board.

Signature of chairman.

407(4)

The minutes of board meetings and all orders, and the record of all other proceedings of the board, shall be signed by the chairman.

Records as evidence.

407(5)

The minutes of board meetings, and the record of all orders and other proceedings, to which reference is made in subsection (4), when signed as therein required, shall be deemed to be the original minutes, orders, and proceedings and are admissible in evidence in any court as proof of the minutes, orders, and proceedings.

Duties of treasurer.

407(6)

The treasurer of a board shall keep distinct and regular accounts of the receipts, payments, credits, and liabilities of the board; and the accounts shall be audited by the auditor of the municipality, and shall thereafter be laid by the board before the council of the municipality.

Books to be kept.

408(1)

A board shall keep in its office all books, plans, maps, papers, and documents, used in and pertaining to the business of the board.

Inspection of books.

408(2)

All books kept by a board are open to the examination of members of the council, and of any other person appointed for that purpose by the council.

Subdivision III

POWERS OF BOARD

Regulations of board.

409(1)

A board may make regulations for the use, regulation, protection, and government of the parks, approaches thereto, boulevards, trees, grassplots, highways, park water, and open spaces, under the control of the board.

Charge for cost of improvements.

409(2)

Upon the recommendation of the board, the council of the municipality may, by by-law, charge upon the lands fronting on any boulevarded highway, or other open space, describing them, the cost of making or maintaining the boulevard or open space, and of the planting, care, and replacing of trees thereon.

Notice of intention to begin work.

409(3)

Where the council of a municipality passes a by-law under subsection (2), the board shall publish a notice to the owners of the lands affected thereby of its intention to proceed with the work mentioned in the by-law, describing it; and the notice shall state that the work will be begun after one month has elapsed from the publication of the notice unless, within that period, the board receives a petition against the undertaking of the work, signed by the owners of lands to be affected thereby having an assessed value of at least 50% of the assessed value of all the lands affected thereby described in the by-law.

Undertaking of work.

409(4)

Upon the expiration of the period mentioned in the notice, if no petition against the undertaking of the work has been received by the board, the work may be undertaken by it, and the cost thereof charged against the lands mentioned in the by-law.

Removal or trimming of trees.

410(1)

Subject to section 240, a board may, by resolution, direct that any or all of the trees, shrubs, saplings, or hedges upon any boulevard, highway, or open space, under its control be trimmed, removed, or replaced, not only for any purpose of public improvement but also to prevent danger from electric wires.

Liability of board.

410(2)

Neither a board nor any of its servants or agents is liable for damages or compensation for any such tree, shrub, sapling, or hedge so trimmed or removed if reasonable care, skill, and judgment have been exercised in the trimming or removal.

Railways.

411(1)

No street railway or other railway over which the Legislature has legislative jurisdiction shall enter upon, or pass through, any park.

Power to construct bridges.

411(2)

A municipality, on the recommendation of the board, may, subject to the Navigable Waters' Protection Act (Canada), construct all necessary bridges and viaducts over watercourses and, subject to the Railway Act (Canada), over railways, and construct subways under railways passing through or over any parks or parkways.

By-laws respecting use of parks.

412(1)

On the recommendation of the board, the council of a municipality may pass by-laws,

(a) prohibiting, limiting, or regulating the driving or parking of vehicles in any park or other recreation area;

(b) authorizing officers of the municipality designated in the by-law, on behalf of the municipality, to let to any person from year to year, or for any period not exceeding three years, the right of concessions within any park or other recreation area, subject to such rules as are prescribed by the council or by the board, as may be provided in the by-law;

(c) for prohibiting, limiting, or regulating the running at large of dogs in any park or other recreation area;

(d) providing for the impoundment of dogs running at large in contravention of a by-law passed under clause (c);

(e) subject to subsections (2) and (3), prescribing penalties for the infraction of by-laws passed under this section.

Offence and penalty.

412(2)

Any person who causes or permits a dog to run at large in a park in a manner contrary to a by-law passed under subsection (1) is guilty of an offence and is liable to a fine not exceeding $50.

Duration of impoundment of dog.

412(3)

Where a dog is impounded under a bylaw passed under subsection (1),

(a) if no information is laid or complaint made within two days thereafter, the board shall cause the dog to be returned to the owner thereof; and

(b) if an information is laid, or complaint made, against the person to whom subsection (2) refers, the dog shall remain impounded until any penalty imposed is satisfied or the person charged with the offence is acquitted; and the dog shall be released to the owner

(i) forthwith, if the person charged with the offence is acquitted; and

(ii) forthwith upon payment of the pound fees, if any, if the person charged is convicted.

Power to accept property.

413

Real and personal property may be devised, granted, conveyed, bequeathed, or given, to a municipality for the purpose of the improvement or ornamentation of any of its parks, or of the approaches thereto, or of the highways connecting therewith; or for the establishment or maintenance on park property of museums, zoological or other gardens, collections of natural history, observatories, monuments, or works of art, upon such trusts and conditions as are prescribed by the donor; and the municipality may accept or disclaim any such trusts.

Transfer of property.

414

A municipality may place under the administration and control of the board any real or personal property acquired by it under section 413; and the board may accept it and carry out, observe, and discharge any trusts or conditions prescribed as mentioned in section 413.

Powers of acquiring and dealing with land.

415

A municipality may select and acquire, by purchase or otherwise, or lease lands, rights, and privileges, needful for park purposes, including lands wholly or partly covered by water.

Disposal of surplus lands.

416

Where a board finds that it has under its administration and control more land than is required for park purposes, it shall so report to the council of the municipality, and the municipality, if so recommended in the report, may

(a) lease any lands that are not immediately required for such purposes; and

(b) sell or otherwise dispose of surplus lands not required, or likely to be required, for park purposes; in such manner, and upon such terms, as appear to be in the best interests of the board and of the municipality and the inhabitants thereof.

Power of the board.

417(1)

A board may

(a) with the consent of the owner thereof, enter into and upon any lands in the municipality or, in the case of a city, within six miles thereof and, in the case of a town, within three miles thereof, and may survey, set out, and ascertain, such parts thereof as are, or may be, required for the purposes of the board, including the establishment of parks, boulevards, avenues, and drives and approaches thereto, and also the supplying of water for artificial lakes, fountains, and other park purposes;

(b) with the consent of the government and all persons having an interest therein, and subject to any other Act of the Legislature conferring or imposing any right, duty or authority with respect to water, on any person, board, organization, authority, or other body, divert and appropriate the water in any river, pond of water, springs, or streams of water in any lands to which reference is made in clause (a), that the board considers suitable for the purpose;

and, on the recommendation of the board, the municipality may contract with the owner of any lands to which reference is made in clause (a) or (b), and with anyone having a right or interest in the water, for the purchase or renting thereof, or any part thereof, or of any privilege with respect thereto.

Waterworks exempt from interference.

417(2)

A board shall not interfere with any existing system of waterworks, under the powers given in subsection (1).

Exempting parks from taxes.

417(3)

Where lands are acquired for park purposes outside the city or town the council of the municipality or municipalities in which the lands are situated may exempt the lands from municipal taxes, including school taxes but not from local improvement taxes.

Subdivision IV

BOULEVARDS

Recommendation of board.

418(1)

Upon receipt of a petition

(a) signed by at least half of the owners of the lands to be benefited, the assessed value of which is at least half of the total assessed value of all the lands to be benefited; and

(b) asking for

(i) the boulevarding of any highway; or

(ii) the planting of trees and kerbing; or

(iii) the making of any other improvement thereon;

the board may recommend to the council that the improvements be made by the board as a local improvement; and it shall, with its recommendation, report to the council the estimated cost of the work.

Approval of council and levy.

418(2)

If the council approves the recommendation, it may authorize the board to proceed with the work; and, in that event, the council shall, by by-law, levy the cost thereof on the lands abutting on the highway, and shall extend the levy over a period not exceeding seven years.

Levy for improving centre of highway.

418(3)

Where a board decides upon boulevarding or tree planting in the centre or at the ends of any highway as well as at the sides thereof,

(a) it may recommend to the council that the whole cost of such boulevarding or tree planting, or the proportion thereof stated in the recommendation, should be levied upon the whole of the taxable lands in the municipality instead of being levied only on the lands abutting on the highway; and

(b) if two-thirds of the members of the whole council present at a meeting thereof assent thereto, the board may proceed with the work;

and the council of the municipality shall, by bylaw, levy the whole of the cost of the work, or the proportion thereof stated in the by-law, upon all the taxable lands in the municipality.

Apportionment of cost

418(4)

The council of a municipality may apportion the cost of any boulevard construction, tree planting, or other improvements made or constructed under the authority of this section so that the various parcels of land fronting on the highway so improved bear only the cost of the work done in front of each parcel of land respectively; and for that purpose it may appoint the engineer or another person to report to the council the portion of the cost of the improvements that is to be borne by each parcel of land so fronting, having regard to the fact that each is to be liable only for the cost of the work done in front thereof; and the council may levy the cost of the work accordingly.

Initiation of work without petition.

419

Without having received a petition therefor, a board may recommend to the council that any work of the kinds mentioned in section 418 be initiated by notice in a manner that is the same as that in which a municipality may initiate a local improvement, but subject to the same authorization; and if the council approves the recommendation and obtains the authorization it may, by by-law, authorize the board to proceed with the work, and the council shall levy the cost thereof accordingly.

Maintenance of boulevards.

420(1)

A board may maintain and protect any such boulevards, and protect and replace any trees and other improvements upon any such highways; and, upon the board notifying the council of the municipality of the cost thereof and giving it a list of the lands benefited, and showing the cost to be respectively charged to each parcel, the council shall direct that cost to be entered as taxes in the collector's roll prepared next after the receipt of the notice, and to be collected in the same manner as municipal taxes in arrear.

Filing list

420(2)

For the purpose of carrying into effect this section, it is sufficient if a list of the lands benefited is filed with the treasurer or clerk of the municipality, showing the amount chargeable to the lands respectively; and that list may be so arranged that, without preparing a new list annually, the charge is entered in a column provided therein each year; and it is binding upon the lands benefited, when certified by the chairman and secretary of the board.

Subdivision V

RECREATION

Recreation in parks.

421

A board may provide facilities for all forms of recreation and may make regulations for the use, protection, government, and operation, of the facilities and charges for admission thereto, or use thereof, and may make such arrangements as provided in section 442.

Subdivision VI

ANNUAL ESTIMATES

Board to make yearly estimates.

422

Each board shall, in the month of January in each year, make up an estimate of the sums required during the ensuing financial year, for

(a) the expense of maintaining, improving, and managing, the parks, boulevards, avenues, and highways, under its control; and

(b) the purchase or otherwise acquiring of lands for park purposes and for laying out and improving park properties.

Date of submission of estimates.

423(1)

Each board shall submit its estimate to the council not later than January 31 in each year.

Amendment of estimate.

423(2)

The council may

(a) approve the estimate as submitted; or

(b) amend it as the council deems advisable; and approve it as so amended;

and, if the estimate is so amended, it shall, as so amended, for the purposes of this Act, be deemed to be the estimate of the board for the year.

Subdivision VII

PARK FUND TAX

Special tax for park purposes.

424(1)

The council of a municipality that has adopted this Division shall, in the month of January in each year, make up an estimate of the amounts required by it during the ensuing financial year for

(a) interest on money borrowed by it for any of the purposes set out in this Division; and

(b) the amount of the sinking fund or instalments of principal and interest to be paid on debentures issued for the purposes set out in this Division;

and it shall, in addition to all other taxes for municipal purposes, levy in each year a special tax sufficient to furnish

(c) the amount of the estimate of the board for the year, as approved by the council under section 423; and

(d) the amount estimated by the council under this subsection to be required for the purposes mentioned in clauses (a) and (b).

Rate of tax.

424(2)

The tax levied under subsection (1) shall be levied on the assessed value of all taxable property in the municipality, and the tax shall be levied at such rate as the council deems necessary for the purpose.

Name of tax.

424(3)

The tax levied under this section shall be known as "the park fund tax".

Payment to board of share of tax.

424(4)

As the moneys payable in respect of the tax levied under this section are collected, the treasurer of the municipality may pay over to the board that proportion of the moneys so collected that is the same as the proportion that the amount to which clause (l)(c) applies is of the aggregate of the amounts to which clauses (1)(c) and (d) apply.

Subdivision VIII

PARK FUND DEBENTURES

Borrowing for park purposes.

425(1)

The council of a municipality may, on the requisition of the board,

(a) raise by a special issue of debentures, which shall be named " park fund debentures",

(i) the amounts required for the purpose of purchasing the land and privileges reported necessary for park purposes; and

(ii) such amounts as are required for the purpose of laying out and improving park properties; and

(b) pass by-laws for the purposes mentioned in clause (a), and for levying annual taxes upon all the taxable real property in the municipality, for the payment of the amount secured by the debentures and the interest thereon.

Procedures.

425(2)

A by-law to which reference is made in subsection (1) shall not be finally passed unless the council follows the procedure set out in Part VIII respecting the borrowing of money and the issue of debentures authorized under that Part.

Authorization of by-laws.

425(3)

A by-law to which reference is made in subsection (1) shall not be finally passed unless

(a) it has been authorized by The Municipal Board; and

(b) it has been submitted for the approval of the electors of the municipality and has received the assent of a majority of the electors actually voting thereon.

Local improvement boulevard debentures.

426(1)

A municipality may raise by a special issue of park fund debentures, to be named "local improvement boulevard debentures", the sums required for the purpose of boulevarding and improving and beautifying highways that have been placed under the control of the parks board as provided in section 418.

Term of debentures.

426(2)

Debentures issued under subsection (1) shall run for such period, not to exceed seven years, and shall be in such amounts, as the by-laws provide, and shall bear interest at such rate as is approved by The Municipal Board, payable yearly or half yearly.

All borrowing by municipality.

427

All moneys required by a board for its purposes, and which it is necessary to borrow on the security of debentures, shall be borrowed by the municipality as herein provided.

Period of debentures and terms.

428(1)

Subject to section 426, The Municipal Board may approve the rate of interest for park fund debentures issued in such amounts as the Council thinks fit, and such debentures shall be for a term not to exceed 30 years from date thereof except in the case of the City of Winnipeg where such debentures may be for a term of 50 years.

Record of debentures.

428(2)

The debentures shall be issued and a record kept of them, in the manner provided with respect to other municipal debentures.

Application of purchase money.

429

Where a municipality has issued park fund debentures, some or all of which are outstanding and unredeemed, if any lands subject to the control and management of the board are sold, the purchase money shall be applied either

(a) to the redemption of park fund debentures; or

(b) in the manner mentioned in section 415;

as the council decides.

Interest first charge on tax.

430

During the currency of park fund debentures the municipality shall pay the amount required to meet the annual interest of the debentures and the annual instalments payable thereon.

Application of moneys.

431

All moneys received or payable under this Division shall be received by the treasurer of the municipality in the same manner as other funds, and shall be deposited by him to the credit of a fund to be named "the park fund"; and they shall be paid out by the treasurer in the same manner as other funds on the orders of the board, except as to the amount required to meet the interest or instalments on the park fund debentures.

Subdivision IX

PROHIBITIONS AND PENALTIES

Definition of "park water".

432(1)

In this section "park water" means any river, creek, spring, source, fountain, lake, pond, reservoir or other such water, that is in, connected with, or supplied to, any park; and includes any water that is the source of supply of park water as hereinbefore defined, and any river, pond, creek, spring, source, or fountain from which such park water is taken.

Offences.

432(2)

Any person who

(a) wilfully or maliciously hinders or interrupts, or causes or procures to be hindered or interrupted, the board, or its engineers, surveyors, managers, contractors, servants, agents, workmen, or any of them, in the exercise of any of its or their powers or authority; or

(b) wilfully or maliciously lets off or discharges any water, so that it runs waste or useless from, or out of, any park water; or

(c) causes or permits any dog or other animal to enter or swim in any park water, or throws or deposits any nuisance or offensive matter into park water, or upon the ice in case the park water is frozen; or

(d) commits any unlawful damage or injury to any works, pipes, or water installed in, or connected with, any park or encourages or permits it to be done; or

(e) lays, or causes to be laid, any pipe or main to connect with any pipe or main belonging to the waterworks installed in, or connected with, any park, or in any way obtains or uses any water from any such waterworks, without the consent of the board; or

(f) washes or cleanses any cloth, wool, leather, skin, or other material, or any animal, in any park water; or

(g) conveys, casts, throws, or puts into any park water any filth, dead carcass, or other noisome or offensive thing; or

(h) causes or permits the water of any sink, sewer, or drain to be conveyed into park water;

or

(i) causes or permits any other thing to be done whereby any park water becomes, or may become, tainted or fouled; or

(j) deposits any nuisance or offensive matter in such a manner, or in such a place, that it may contaminate park water; or

(k) wilfully or maliciously injures, hurts, defaces, tears, or destroys any ornamental or shade tree or shrub or other plant, or any statue, fountain, vase, structure, bench, or fixture for ornament or utility, in any park, highway, or other public place under the control of any board, or wilfully, negligently, or carelessly causes or permits any motor vehicle or any horse or other animal belonging to him or in his custody, possession or control, and lawfully on the highway or other public place, to break down, destroy, or injure any tree, in any such public park or place; or

(l) wilfully or maliciously injures, hurts, or otherwise molests or disturbs any animal, bird, or fish, kept in any park or in any park water therein or therewith connected;

is guilty of an offence and is liable to a fine not exceeding $100., or to imprisonment for a term not exceeding 30 days, and he is also liable to an action at the suit of the municipality to make good any damage done by him.

Application of fines.

433

All fines and penalties imposed for the violation of this Division or of any by-law or regulation made pursuant thereto shall, upon collection thereof, be paid to the treasurer of the municipality.

Park police.

434

The council of the municipality, upon the request of the board, shall detail for service in any of the parks or other areas under the administration and control of the board, so many of the police force as are deemed necessary to maintain order and protect property therein; and any police constable on duty in those parks or areas may remove therefrom any person guilty of a violation of any provision of this Division, or of any by-law or regulation made thereunder.

Protection and power of officers.

435

The members of the board and the officers thereof have the like protection in the exercise of their office and the execution of their duties, as justices of the peace have under the laws of the province, and as public officers have under The Public Officers Act; and the watchmen and other officers of the board, when in the discharge of their duties, have, ex officio, all the power and authority of peace officers.

Subdivision X

LIMITATION OF ACTIONS

Limitation of actions.

436

Any action against any person for anything done pursuant to this Division, shall be brought within two years after the act is committed; or in case there is a continuation of damages, then within six years after the original cause of action first arose.

DIVISION III

COMMUNITY CENTRES AND DISTRICTS

Definition.

437

For the purposes of this Division, "community centre" means any public land improved, or buildings erected and equipped, to provide social, recreational, sporting, cultural, or adult educational, facilities for the public use of the community; and includes the equipment necessary for recreation, entertainment, or exhibition of moving pictures, and the providing of meals or refreshments, or all or any of them.

By-law.

438(1)

The council of any municipality may pass by-laws

(a) for acquiring land, by expropriation or otherwise, and for establishing and erecting and maintaining thereon, and regulating, a community centre for the public use of the residents of the municipality, or any part thereof;

(b) for levying annual taxes upon all taxable property in the municipality or a designated part thereof to raise an amount required in any year to maintain the community centre; and

(c) for contracting a debt, not payable within the year in which it is contracted, by borrowing money to acquire or erect a community centre, whether or not debentures are to be issued as herein provided.

Final passing of by-laws.

438(2)

No by-law passed under clause (l)(b) shall be finally passed unless the council follows the procedure set out in Part VIII respecting the borrowing of money and, where such is the case, the issue of debentures authorized under that Part.

Issue of debentures.

438(3)

The council of a municipality may

(a) raise by a special issue of debentures, which shall be named " community centre debentures",

(i) the amounts required for the purpose of acquiring land and establishing thereon a community centre, including the erection of any buildings necessary for the purpose; and

(ii) such amounts as are required for furnishing the community centre and acquiring and establishing or erecting thereon, or installing therein, all equipment and facilities necessary for the purposes for which it is established; and

(b) pass by-laws for the purposes mentioned in clause (a), and for levying annual taxes upon all the taxable property in the municipality, or a designated part thereof for the payment of the amount secured by the debentures and interest thereon.

Application of other provisions.

438(4)

Where debentures are issued under subsection (3), subsection 425(2), and sections 428, 429 and 430, apply, with such modifications as the circumstances require, to the case, and in particular substituting

(a) the expression "lands acquired for the community centre" for the expression "lands subject to the control and management of the board" in section 429; and

(b) the expression "community centre debentures" for the expression "park fund debentures" where it appears in any of the sections hereinbefore in this subsection mentioned.

Donations for community centre.

438(5)

A municipality may accept donations or grants of money, material or labour from any person or organization to be applied towards the cost of erecting a community centre, and apply the donations and grants for those purposes.

Operation of community centre.

438(6)

Subject as in this Division provided, the council shall operate and maintain a community centre so established directly, or through the agency of a committee of the council or of any officer or employee of the municipality or other person.

By-law for community centre board.

438(7)

The council of any municipality in which one or more than one community centre has or have been established or erected by the municipality, may

(a) pass a by-law to authorize the establishment of a community centre board to supervise or coordinate, or supervise and co-ordinate, the operation and maintenance of the community centres established or erected in the municipality;

(b) appoint the members of the board; and

(c) where more than one community centre is established or erected, designate the area of the municipality for which each of them is established or erected and is to serve.

Abolition of community centre board.

438(8)

The council may by by-law abolish a community centre board so established and operate and maintain the community centre as provided in subsection (6).

Management of community centres.

438(9)

Where more than one community centre has been established or erected in a municipality, the council may, subject to subsection (10), appoint for each community centre, a manager to operate and manage it.

Manager may be corporation.

438(10)

The manager appointed under subsection (9) may be a corporation, organization, or other body of persons designated by the council; and, in the case of an unincorporated organization or body, the council shall specify the manner in which it or its governing authority, shall be selected, appointed, or elected.

Supervision of management.

438(11)

A manager, appointed under subsection (9) shall be under the direction, supervision, and control

(a) of the community centre board, if such a board has been established; or

(b) if no such board has been established, of the council, committee, officer, employee, or person to whom reference is made in subsection (6).

Use of proceeds of levy.

438(12)

Where the council appoints a community centre board, the funds available to that board for disposal by it, are such amounts as the council provides for that purpose, and the board

(a) shall allocate the moneys received by it among the community centres in the municipality, in such proportions as that board, in its absolute discretion, deems desirable;

(b) shall pay the money allocated to each community centre to the manager thereof, if one has been appointed, and if not, shall use that money for the benefit of that community centre; and

(c) may specify the purposes for which moneys so allocated and paid to the manager of, or used for the benefit of, each community centre may be used.

Regulations.

438(13)

The council of a municipality shall make regulations governing the powers and procedures of the community centre board and the managers of community centres.

Parks board.

438(14)

Where a municipality has adopted Division II of this Part, the council may pass a bylaw directing that The Parks and Recreation Board of the municipality shall thereafter exercise in its own name all the powers of, and be charged with all the duties of, a community centre board under this section as if it had been established under subsection (7).

Joint community districts.

439(1)

The councils of two or more adjoining or neighbouring municipalities, on behalf of the municipalities or parts thereof to be included in the joint community centre district, may by by-law provide for

(a) the establishment of a joint community centre district;

(b) the fixing of the boundaries thereof;

(c) the division of the district into zones;

(d) the determination of the proportion of the capital cost for the establishment of the district, the erection of the community centre, and the acquisition of the necessary land, equipment and facilities to be charged against the lands in each zone, which may vary as between zones;

(e) jointly with the other municipalities the councils of which pass by-laws as aforesaid, acquiring land, either within or outside the limits of any of the municipalities, and for establishing or erecting and maintaining thereon, and regulating a community centre for the public use of the residents of the municipalities or portions thereof;

(f) the contracting of a debt, not payable within the year in which it is contracted by borrowing money and issuing debentures as security therefor to defray that portion of the capital costs mentioned in clause (d) that is charged against lands in any of the zones that are in the municipality;

(g) the levying of a special tax, as provided in subsection (4); and

(h) the respective municipalities entering into an agreement setting forth the terms agreed upon, including the appointment of a joint community centre district board, as provided in subsection (2).

Agreement

439(2)

Where, as provided in clause (l)(e), the council of a municipality has, jointly with one or more adjoining municipalities or one or more neighbouring municipalities, passed a by-law for the purpose mentioned in that clause, each of those municipalities shall enter into an agreement with the other or others, in the form prescribed in the by-law, under which provision is made,

(a) for the establishment of a joint community centre district board to supervise or co-ordinate, or supervise and co-ordinate, the maintenance and operation of the community centre jointly established or erected in any one or more of those municipalities; and for the appointment of the members of the board as provided in subsection (3);

(b) for the apportionment to each of the municipalities concerned of its share of the cost of maintaining and operating the community centre.

Membership.

439(3)

The joint community centre district board shall consist of a member of the council of each municipality, and an equal number of other residents of each municipality appointed by the council thereof.

Levy of special tax.

439(4)

For the purposes of

(a) paying its share of the capital cost apportioned to it, as provided in subsection (1);

(b) raising the amount necessary to pay the amounts owing for principal and interest under any debentures issued as provided in clause (1)(f); and

(c) paying the cost of maintaining and operating the community centre, as those costs are apportioned to it as provided in the agreement mentioned in subsection (2);

the council of each municipality that has entered into an agreement under subsection (2) may, by bylaw, levy an annual special tax on all the taxable property in the whole or any part of the municipality, of such number of mills on each dollar of the assessed value of that taxable property as is provided in the agreement made under subsection (2); and it shall pay that portion of the proceeds of any such tax that is required for the purpose mentioned in clause (c) to the community centre district board.

Appointment of manager.

439(5)

An agreement made under subsection (2) may provide for the appointment of a manager for the community centre.

Supervision of manager.

439(6)

Where a manager has been appointed for any community centre, he is under the direction, supervision, and control of the community centre district board.

Salary of manager.

439(7)

The salary of the manager shall be paid by the community centre district board from the moneys raised for the purpose mentioned in clause (4)(c), and paid to it as provided in subsection (4).

Regulations.

439(8)

The agreement may also include regulations governing the powers and procedure of the joint community centre district board.

Prior existence of community centres.

439(9)

A municipality may pass by-laws and enter into an agreement under subsection (1) notwithstanding that it may have established one or more community centres under section 438.

Approval of by-law.

439(10)

No by-law passed under clause (l)(f) and no by-law passed under subsection (4) for the purposes mentioned in clauses (4)(a) and (b) shall be finally passed unless the council follows the procedure set out in Part VIII respecting the borrowing of money and the issue of debentures authorized under that Part.

Final passing of by-law.

439(11)

If the by-law is approved as herein provided, it shall be finally passed by the council of each of the respective municipalities.

Application of section.

439(12)

This section applies to joint community centre boards and joint community centre districts established before or after the coming into force of this Act.

Limitation.

440

No city, town or village shall

(a) pass a by-law under section 438 or 439; or

(b) enter into an agreement under section 439; or

(c) levy any tax under section 438 or 439;

that affects or applies to only part of the city, town or village.

Agreements with agricultural societies.

441(1)

A municipality may enter into an agreement with a duly organized agricultural society for the erecting and maintaining of any buildings or equipment, one or more of the uses of which come within the definition of a " community centre".

Powers of this Division apply.

441(2)

For the purposes of this section, a municipality may make grants to an agricultural society with respect to the construction and maintenance of buildings and equipment belonging to the society and for that purpose may do all of the things it is authorized in this Division to do for the purposes of a community centre acquired or erected by the municipality.

DIVISION IV RECREATION

By-law for recreation program.

442(1)

The council of any municipality may pass by-laws

(a) for planning, establishing, and carrying out a public recreation program;

(b) for

(i) acquiring such land, either within or outside the municipality, as may be necessary for the purpose of carrying out such a program;

(ii) erecting on land so acquired such buildings as are necessary for the purpose mentioned in sub-clause (i); and

(iii) subject to subsection (2), acquiring or otherwise providing the equipment and facilities necessary for the purpose aforesaid, and installing it on or in the land so acquired, or the buildings so erected, or both;

(c) for engaging a director of recreation and such other employees as are required for properly carrying out the program mentioned in clause (a); and

(d) for contracting a debt, not repayable within the year in which it is contracted, by borrowing money for the purposes mentioned in clause (b), whether or not debentures are issued as herein provided.

Limitation on acquiring equipment, etc.

442(2)

A municipality shall not acquire any equipment or facilities as provided in subclause (l)(b)(iii), if such equipment or facilities, suitable for the purpose, and to the extent required, has already been provided under Division II or III and is available for the purpose.

Application of section 438(2).

442(3)

Subsection 438(2) applies, with such modifications as the circumstances require, to a bylaw passed under clause (l)(d).

Issue of debentures.

442(4)

The council of a municipality may pass by-laws to raise by a special issue of debentures, which shall be named "recreation debentures", the amounts required for the purposes mentioned in clause (l)(b).

Application of certain provisions.

442(5)

Clause 438(4)(b), and subsection 425(2), and sections 428, 429 and 430 apply, with such modifications as the circumstances require, to such a by-law, and in particular substituting

(a) a reference to lands acquired for recreation purposes for the references to lands subject to the control and management of the board in section 429; and

(b) the expression "recreation debentures" for the expression "park fund debentures" where it appears in any of the sections hereinbefore in this subsection mentioned.

Levy of tax.

442(6)

For the purposes of this section, the council may levy a tax on the assessed value of all taxable property in the municipality, and the tax shall be levied at such rate as the council deems necessary for the purpose.

Public recreation commission.

442(7)

In lieu of establishing and carrying out a public recreation program under its own supervision as provided in clause (l)(a), the council of any municipality may pass by-laws for establishing a public recreation commission (hereinafter in this section called "the commission").

Powers and duties of commission.

442(8)

A by-law passed under subsection (7) shall, subject as herein provided, contain such provisions respecting the powers and duties of the commission as the council deems appropriate.

Commission to plan program.

442(9)

The commission shall take such measures as may be necessary, and the cost of which can be defrayed from moneys available to it, to plan, establish, promote, and carry out a public recreation program; and shall recommend to the council the acquirement, provision, erection, and installation, subject to subsection (2), of such land, buildings, equipment, and facilities as it deems to be necessary for properly carrying out the program.

Use of park facilities.

442(10)

The commission may arrange with The Parks and Recreation Board of the municipality, or the community centre board of the municipality, or any community centre district board, or any two or more of them, for the use of any of the parks, lands, buildings, equipment, and facilities under the administration and control of the board, or of the community centre board, or of any community centre district board, or of all such parks, lands, buildings, equipment, and facilities, for the carrying out of the public recreation program to which reference is made in subsection (9).

Co-operation with other agencies.

442(11)

In carrying out its duties the commission, shall, in so far as is practicable, cooperate with the member of the Executive Council responsible for recreation and The Manitoba Advisory Council on Fitness and Amateur Sport, established under The Fitness and Amateur Sport Act, in promoting the objectives of that Act and in facilitating the carrying out of such measures and programs as are established or undertaken pursuant to that Act.

Appointment of staff.

442(12)

The commission may, subject to the approval of the council of the municipality, appoint a director to assist the commission in discharging its duties, and the staff necessary for the purpose, each of whom shall be paid such salaries or other remuneration as may be fixed by the council.

Funds of the commission.

442(13)

The funds available to the commission are such amounts as the council provides.

Abolition of commission.

442(14)

The council may, by by-law, abolish the commission and provide for the administration of this Division as provided in subsection (15), or in such other manner as may be set out in the by-law.

Parks Board in lieu of commission.

442(15)

Where a municipality has adopted Division II of this Part, the council, by by-law, may direct that The Parks and Recreation Board of the municipality shall thereafter exercise in its own name all the powers of, and be charged with all the duties of, a public recreation commission established under this section, as those powers and duties are set forth by by-law as provided in subsection (8), and as if The Parks and Recreation Board had been established under subsection (1).

DIVISION V GENERAL

Validation of regulations and rules.

443

No regulations or rules made by The Parks and Recreation Board, the community centre board, or the public recreation commission of a municipality, have any validity or effect unless approved, validated, and adopted by by-law passed by the council of the municipality.

Imposition of penalties.

444

The council of a municipality may provide penalties for the infraction of regulations or rules to which section 443 refers, that have been approved, validated, and adopted as provided in that section.

DIVISION VI

TOURIST CAMPS AND TRAILER PARKS

Definitions.

445(1)

In this Division

"mobile house" means, subject to subsection (2), a vehicle that

(a) is so constructed as to be capable of being attached to, and drawn on highways by, a motor vehicle, or which can be propelled by a motor vehicle engine installed therein or thereon; and

(b) is intended to be used, and is used, by persons for living, sleeping, eating, or business purposes, or any one or more or all of those purposes; ("maison mobile")

"tourist camp" means a camping area, whether or not a rental or other charge is made for the use thereof, that is maintained and used primarily for

(a) the accommodation of

(i) automobile tourists, and

(ii) other non-residents of the municipality in which the area is situated; and

(b) the use for camping purposes, during the whole or part of the months of May to October by such persons;

and includes any buildings or other structures or facilities intended for, or to be used for, cooking, personal cleanliness, washing, health, or sanitation, or any one or more or all of those purposes; but does not include a trailer park; ("terrain de camping")

"trailer park" means an area that is intended to be used, and is used, primarily as a site for the placing or parking of mobile houses, and includes any buildings or other structures or facilities intended for, or to be used for, cooking, personal cleanliness, washing, health, or sanitation, or any one or more or all of those purposes. ("terrain de caravaning" ou "camp de roulotte")

Removal of running gear.

445(2)

A mobile house does not cease to be such because it is at any time removed from its wheels and other running gear, or has been jacked up and placed on temporary supports, or has been both so removed and so jacked up and placed.

Application of other Acts.

446

This Division is subject to The Public Health Act and The Tourism and Recreation Act and regulations under those Acts.

By-laws.

447(1)

The council of any municipality may pass by-laws

(a) for acquiring one or more parcels of land for use as a tourist camp or a trailer park, or for both those purposes;

(b) for erecting and maintaining or installing, on lands acquired for any of the purposes mentioned in clause (a), buildings or other structures or facilities intended for, or to be used for, cooking, personal cleanliness, washing, health, sanitation, or safety, or any one or more or all of those purposes;

(c) for providing sewer, water, and electrical connections, and other improvements that, in the opinion of the council, are necessary, or any one or more of them, to, and in, trailer parks for the use and benefit of the occupants of mobile houses, and providing the necessary water therefor;

(d) providing for the government and use of tourist camps or trailer parks, or both;

(e) designating areas within the municipality that may or may not be used for a tourist camp or a trailer park, or for both those purposes, or for the parking of a mobile house;

(f) prohibiting or regulating the camping of persons in the municipality in places other than a tourist camp;

(g) prohibiting or regulating the parking or standing of a mobile house in the municipality in a place other than a trailer park, or in an area designated for the purpose under clause (e);

(h) subject to subsection (2), requiring the owner or occupant of a mobile house

(i) that is parked or standing in a trailer park in the municipality; or

(ii) that is occupied, and is parked in a place in the municipality that is not a trailer park;

to obtain from the municipality a licence for that purpose, and for the issue of the necessary licence, and prescribing classes of mobile houses for which a different class of licence is required;

(i) subject to subsection (3), fixing the fees to be paid for licences issued as provided in clause (h) in respect of mobile houses of various classes;

(j) prescribing the manner of payment of licence fees or rental or service charges, in cases where an agreement is made under subsection (5);

(k) for imposing a penalty not exceeding $25. for failure to obtain a licence under clause (h) ;

(1) prohibiting the removal of a mobile house in respect of which a licence fee that is payable has not been paid from the municipality without the consent of the council.

Where licence not required.

447(2)

A municipality shall not require a licence to be obtained in a case to which clause (l)(h) applies, if the clerk, or other officer of the municipality designated for the purpose, is satisfied that the occupant of the mobile house is a bona fide tourist, and that the mobile house is being used for vacation or holiday purposes.

Limitation on fee.

447(3)

The fee required to be paid for a licence issued under clause (1)(h)

(a) may vary as between mobile houses of different floor area; and

(b) shall not exceed in the case of any mobile house an amount to be fixed by the council.

Additional charges.

447(4)

Where the municipality operates a trailer park, in addition to any licence fee charged under clauses (1)(h) and (i), it may, subject to subsection (5), charge the owner or occupant of a mobile house to which clause (1)(h) applies, an amount for space rental or for service charges for the use of any of the services mentioned in clauses (1)(b) and (c) or for both .

Agreements respecting fees and charges.

447(5)

A municipality may enter into an agreement with the owner or occupant of a mobile house to which clause (l)(h) applies, whereby any licence fee, or any rental or service charge, payable under this section may be paid in instalments in advance, as may be prescribed in a by-law passed under clause (l)(j).

Regulations.

447(6)

Where a municipality establishes and operates a tourist camp or trailer park as provided in subsection (1), it shall maintain and operate it in compliance with the regulations made with respect thereto under The Public Health Act or The Tourism and Recreation Act, or both; except that it is not required to obtain any licence or permit under The Tourism and Recreation Act for the operation of a tourist camp or trailer park owned and operated by the municipality.

Owner of land to collect licence fees.

447(7)

Where a municipality passes a by-law under clause (l)(h) and fixes fees to be paid therefor, the by-law may provide that the owner of the land on which a mobile house is parked or standing shall collect the fee and remit it to the municipality; and, if he fails to collect or remit the fee, the amount thereof shall be added to the taxes payable in respect of the land and collected in the same manner as other taxes payable in respect of the land.

DIVISION VII

WATER RESORTS

Definition of "water resorts".

448(1)

In this section "water resort" means any beach, shore line, or other place or premises

(a) that is on the bank of, contiguous to, adjoining, or in the neighbourhood of, any lake, pond, pool, river, stream, or other body of water, whether naturally existing or artificially created, that is used by persons for swimming, bathing, diving, or wading; and

(b) that is available to the public, either without charge, or for the use of which persons are directly or indirectly charged;

and includes

(c) any place or premises that is or are adjacent to, or in the immediate neighbourhood of, such a place as is hereinbefore described, and

(i) that is used for parking motor vehicles or picnicking; or

(ii) on which there are facilities for persons to change their clothes; or

(iii) that is otherwise used as an adjunct to, or in connection with, any such beach, shore line, place, or premises as is hereinbefore described; and

(d) any such beach, shore line, place, or premises that is or are operated or used as part of, or in conjunction with, a motel, hotel, rooming house, boarding house, restaurant, eating place, or place of entertainment, that is available to the public as aforesaid;

but does not include the building comprising any motel, hotel, rooming house, boarding house, or restaurant to which clause (d) applies.

By-laws respecting water resorts.

448(2)

The council of any municipality may pass by-laws

(a) regulating the conduct and behaviour of persons at water resorts;

(b) prohibiting persons from attending or being in or at a water resort during periods stated in a by-law;

(c) prescribing methods for the disposal of refuse at water resorts;

(d) prescribing standards of sanitation for bathing houses, privies, and other public places at water resorts;

(e) for licensing, regulating, and governing persons who engage in any craft, trade, or other business or employment at water resorts; and

(f) prescribing measures to promote or increase the pleasant nature of the surroundings of, and the pleasure of persons attending, water resorts.

Agreements to develop water resorts.

448(3)

A municipality may enter into an agreement with any person to establish or develop a water resort in the municipality.

PART VII

MUNICIPAL ASSISTANCE

DIVISION I

AID TO NEEDY PERSONS

Powers under Social Allowances Act.

449

Every municipality has the powers and authority set out in section 2 of The Social Allowances Act.

Definitions.

450(1)

Subject to Rule 1 set out in Schedule 7, in this Division

"assistance" means assistance as defined in The Social Services Administration Act; ("aide")

"basic necessities" means things, goods and services that are essential to a person's health and well-being, including food, clothing, shelter, household and personal requirements, medical, hospital, optical, dental and other remedial treatment, care and attention, and an adequate funeral on death; (" besoins essentiels")

"municipal assistance" means assistance provided by a municipality to a person in need who is a resident of, or found in, the municipality; ("aide municipale")

"person in need" means a person who lacks the basic necessities and includes a dependant of a person in need. ("personne nécessiteuse")

Dispute settled by board.

450(2)

Where by this Act or any other Act a municipality, including The City of Winnipeg, is made liable for any indebtedness by reason of a person being a resident of the municipality or having a residence therein, the term "resident" and " residence" so used shall, unless otherwise by that Act or some other Act provided, be determined according to the rules set out in Schedule 7, and in case of dispute under these rules, residence shall be determined by the board.

Municipal assistance.

451(1)

The council of each municipality shall, by by-law, provide

(a) for granting municipal assistance to any person in need who is a resident of, or is found in, the municipality, who lacks the basic necessities, and who is not qualified to receive a social allowance; and

(b) for regulating and prescribing the conditions under which municipal assistance is to be given to ensure that basic necessities of persons in need are met.

Special assistance.

451(2)

The council of a municipality may, by by-law, provide for paying as maintenance, municipal assistance, or support, the whole or part of any special levies or rates for local improvements under Divisions I, II, and III of Part XI imposed and levied against land constituting the home in which he resides of a person who is unable, through poverty or other causes, to pay those levies or rates.

Power to contract.

451(3)

A municipality, by by-law of the council, may enter into an agreement with another municipality providing that all or any portion of the liability for any indebtedness, by reason of a person being a resident of the municipality or having a residence therein, shall be assumed and paid by one or more municipalities in the proportions fixed by the agreement.

Appeal under Social Allowances Act.

451(4)

Where a municipality has passed a bylaw under subsection (1), any person who has applied for, or is or was receiving, municipal assistance from the municipality may appeal any decision affecting his application or varying or terminating the municipal assistance in accordance with section 9 of The Social Allowances Act and that section applies to the appeal and to the municipality.

Municipality fails to assist.

452

Where a municipality responsible for the provision of municipal assistance to a person in need fails or refuses to grant the municipal assistance, the person may apply to the director under The Social Allowances Act who may grant assistance under that Act in lieu of municipal assistance; and the amounts paid under this section as assistance under that Act is a debt due to the government by the municipality and may be recovered by the government from the municipality by withholding from grants payable to the municipality from the government amounts equivalent to the amounts paid under this section as assistance under that Act.

Recovery of costs.

453(1)

Where a municipality has

(a) maintained or assisted in maintaining a person in need; or

(b) has paid any part of the cost of the hospital care and treatment of any person;

who is found therein but who is not a resident thereof, it is entitled to recover by action at law all amounts of money paid by it for, or incidental to, the cost of the maintenance, or the cost of the hospital care and treatment, of that person, from the municipality of which that person is a resident or, if he is not a resident of any municipality, from the government.

Return of person in need.

453(2)

In a case to which subsection (1) applies, on request

(a) by the municipality of which the person to whom subsection (1) applies is a resident; or

(b) if the person is not a resident of a municipality, by the Executive Director of Social Security on behalf of the government;

that person, if he is a person in need, shall be returned

(c) to the municipality mentioned in clause (a); or

(d) to such place as the Executive Director of Social Services designates in writing;

and the cost of returning him may be recovered as provided herein.

Notice of claim.

453(3)

A municipality is not entitled to recover from another municipality or from the government moneys expended for maintenance or hospital costs as mentioned in subsection (1) unless it has given notice of its claim by registered mail to the clerk of the other municipality or to the Executive Director of Social Security on behalf of the government.

Statement to accompany notice.

453(4)

A notice given under subsection (3) shall be accompanied by a detailed statement of the moneys expended, certified by the clerk or the municipal assistance officer of the municipality which has expended the moneys as mentioned in subsection (1).

Mailing of notice.

453(5)

The notice and statements shall be mailed not later than 30 days after the latest date on which the municipality expended any moneys to which reference is made in subsection (1).

Not to remove persons in need.

454(1)

No municipality or any member of the council or other officer thereof may transport, or cause to be transported, any person in need from the municipality in which the person is found to any other municipality, for the purpose of transferring from the municipality in which the person is so found to the other municipality the burden of the care and maintenance of that person, save at the request of the other municipality.

Care of persons removed.

454(2)

Where any such person is transported from one municipality to another for the purpose mentioned in subsection (1), the other municipality, unless the person transported is a resident thereof, is entitled to recover, by action at law, all sums of money paid by it for, or incidental to, the maintenance and care of the person, from the municipality from which the person came.

Application to Winnipeg.

455

This Division applies to all municipalities including The City of Winnipeg.

DIVISION II

HOUSING

Home for elderly persons.

456(1)

A municipality may enter into an agreement, and do all or any acts or things that are necessary under The Elderly and Infirm Persons' Housing Act or The Manitoba Housing and Renewal Corporation Act, or both of these Acts, to provide housing for elderly persons as defined in The Elderly and Infirm Persons' Housing Act.

Acquisition of dwellings.

456(2)

Subject to The Manitoba Housing and Renewal Corporation Act, a municipality may acquire, take, and expropriate, with or without the consent of the owner, land, whether or not there are dwellings thereon, and may provide dwellings on land acquired by it, and sell or rent the dwellings so acquired or constructed at such prices or rentals as the council fixes; and the power of a municipality under this section is not less than its power to acquire and dispose of lands generally.

Compensation claims.

456(3)

All claims for compensation in respect of land expropriated for the purposes mentioned in subsection (2), shall be determined as provided in The Expropriation Act.

PART VIII

FINANCES OF MUNICIPALITIES

Fiscal year.

457

A fiscal year of a municipality begins on January 1 in each year and ends on December 31 of that year.

DIVISION I

BORROWING BY-LAWS

Subdivision I

BORROWING FOR CURRENT EXPENSES

Borrowing for current expenses.

458(1)

Subject to subsections (2) to (7), a municipality may borrow by overdraft or other means such amounts as the council deems necessary to meet the then current expenditures and obligations of the municipality until such time as the taxes levied therefor are collected and may authorize the head of the municipality with the treasurer thereof, to execute security for and on behalf of the municipality and under the seal of the municipality.

Limitation on borrowing.

458(2)

Except with the written approval of the minister, the total of the amounts borrowed under subsection (1) in any year shall not exceed an amount equal to the total amount of the taxes collected and grants in lieu of taxes received in the last preceding year.

Regulation of amounts borrowed.

458(3)

The council of the municipality shall, by by-law, regulate and control the amounts to be borrowed in any year under subsection (1); and, as security for those amounts, the municipality, if so authorized by by-law, may

(a) pledge any bonds, debentures, and other securities owned by it, or any of them, including those held for the credit of any reserves or other funds of the municipality;

(b) give its promissory note;

(c) pledge the whole or any part of any unpaid taxes imposed and levied in prior years, together with any penalties owing in respect thereof;

(d) pledge the whole or any part of the taxes imposed and levied for the current year;

(e) pledge any other revenue of the municipality designated in the by-law.

Borrowing from individual.

458(4)

Where a municipality borrows money for current expenditure from any individual, the by-law shall be submitted to the minister for approval.

Renewal of promissory notes.

458(5)

Where promissory notes are given as security for moneys borrowed under this section, the council may, during the year in which the moneys are borrowed and the next two succeeding years, pass by-laws authorizing the renewal of the notes.

Necessity of loan.

458(6)

No person lending any sum to a municipality under this section shall be bound to establish the necessity of the loan.

Taxes as security for borrowing.

458(7)

Any municipality exercising the power conferred by this section in any year may mortgage, sell, assign, transfer, pledge, or hypothecate, the taxes for that year for municipal or school purposes, or the purposes of the minister under this or any other Act, as additional security for the repayment of any amount borrowed for any of those purposes.

Subdivision II

BORROWING FOR CAPITAL EXPENDITURES

By-law for contracting debts.

459

The council of any municipality may pass by-laws in conformity with this Division, for contracting debts by borrowing money or otherwise, and, if necessary, for issuing debentures, and for levying taxes for the payment of the debts on the taxable property in the municipality, for the purpose of exercising any of its power conferred by this Act or any other Act of the Legislature.

Limitation on debenture debt.

460

The amount of the debenture debt and deferred liabilities of any municipality, outstanding at any time shall not exceed such amount as may be authorized by the board.

Further limitation.

461

Except as herein or in any other Act specifically otherwise provided, no municipality shall incur any indebtedness that is not payable in the fiscal year in which it is incurred.

Subdivision III

FORM OF BY-LAW

By-laws for contracting debts.

462

Except in the case of a by-law for contracting a debt for a local improvement, no bylaw for contracting debts not payable within the year in which they are contracted, by borrowing money, whether or not secured by the issue of debentures or in any other way, or for levying taxes for repayment thereof, is valid unless it is in accordance with the following restrictions and provisions:

(a) The by-law shall name a day in the fiscal year in which it is passed, on which it is to take effect; and if no such day is named, the by-law takes effect on the day of the passing thereof.

(b) All the debentures shall be issued at one time and within three years after the passing of the by-law, unless the proposed expenditure for which the by-law is intended to provide is to extend over a number of years, in which case the by-law may provide that the debentures may be issued in sets of such amounts, and at such times, as circumstances require, but so that the first of the sets shall be issued within three years, and all of them within 10 years, after the passing of the by-law.

(c) All the debentures shall bear the same date, except where they are issued in sets; and in that case every debenture of the same set shall bear the same date.

(d) The whole of the debt and the debentures securing it shall be made payable on a date not more than 30 years from the date on which the debentures are issued.

(e) The by-law shall provide that an amount shall be raised and levied in each year by a special tax, on all the taxable land in the municipality, or in case it is applicable to part of a municipality, then on the taxable land in the part of the municipality specified in the by-law; and the amount to be raised shall be sufficient in that year to discharge the principal and interest payable in that year on, or with respect to, the debt, according to the terms of the by-law.

(f) The by-law, unless it is applicable to part only of a municipality shall recite

(i) the amount of the debt that the by-law is intended to create and, in brief and general terms, the objects for which it is to be created;

(ii) the total amount required to be raised annually by special tax for paying the debt and interest;

(iii) the amount of the assessed value of the whole taxable property of the municipality, according to the latest revised assessment roll; and

(iv) the amount of the existing debenture debt of the municipality, and how much, if any, of the principal or interest thereof, is in arrear.

(g) The by-law may reserve to the municipality the right to redeem the debentures, in whole or in part, in advance of the maturity date thereof, upon such terms and conditions as are provided in the by-law.

Form of debenture issue.

463(1)

Every by-law for contracting a debt, not payable within the year it is contracted, by borrowing money by the issue and sale of debentures of any municipality, shall

(a) fix

(i) a certain specific amount to be raised annually, for the payment of interest during the currency of the debentures; and

(ii) subject to subsection (2), a certain specific amount to be raised annually and credited to a sinking fund for the payment of the debt, the amount to be such as will be sufficient, with the estimated interest on the investments thereof, to discharge the debt when payable; or

(b) subject to subsection (3), make the principal of the debt repayable by annual instalments, during the currency of the period within which the debt is to be discharged; or

(c) subject to subsection (4), provide for the repayment of the principal of the debt by equal annual instalments of principal during the period of years within which the debt is payable.

Rate of interest on investments.

463(2)

In settling the sum to be raised annually, as provided in sub-clause (l)(a)(ii), the rate of interest on investments shall not be estimated at more than 5% per year to be capitalized yearly.

Issue of debentures under cl.(l)(b).

463(3)

Where a by-law makes provision as set out in clause (l)(b), the municipality may issue its debentures for the amounts, and payable at the times, corresponding with the times of payments of the instalments together with interest, annually or semi-annually, as set forth and provided in the bylaw; but

(a) each annual instalment of principal may be for an even $100., $500., or $1,000., or a multiple thereof, and the annual instalments of principal and interest may differ in amounts sufficient to admit thereof; and

(b) the instalments shall be such that the aggregate amount payable for principal and interest in any year shall be equal, as nearly as possible, to the amount that is payable for principal and interest during each of the other years of the period.

Issue of debentures under cl.(l)(c).

463(4)

Where a by-law makes provision as set out in clause (1)(c), one or more debentures shall be issued for each annual instalment of principal; and each of the debentures shall have coupons attached thereto for payment of the interest, annually or semi-annually, as the by-law provides, on the principal amount secured by the debentures during the currency thereof.

Council to levy sufficient tax.

463(5)

The municipality shall in each year levy a special tax sufficient to meet the principal and interest of the debt incurred or debentures issued under the by-law and the amount necessary to maintain any works erected upon the land described therein, and appropriate the proceeds of the tax for that purpose.

Subdivision IV

TEMPORARY FINANCING

Temporary borrowing pending sale.

464(1)

Where the council of a municipality has, as provided herein, passed a by-law for the borrowing of money and the issue and sale of debentures for any purpose herein authorized, and the by-law has received the approval for which provision is made in sections 465 and 466, pending the issue of the debentures so authorized, the municipality, with the written approval of the board, may arrange temporary financing in an amount not exceeding the amount authorized by the by-law to be borrowed for the purpose,

(a) by borrowing from any bank or person; or

(b) by using any surplus moneys of the municipality not immediately required for any other purpose; or

(c) by using any money held in any reserve fund established under section 574 or 575.

Disposal of debentures issued.

464(2)

Where debentures have been issued as mentioned in subsection (1)

(a) if the money was borrowed from a source mentioned in clause (1)(a), the debentures shall be sold as soon as possible, and the moneys received as proceeds of the sale thereof shall be applied in or towards repayment of the money borrowed and interest thereon;

(b) if the money was advanced from a source mentioned in clause (1)(b), the debentures shall be sold as soon as possible, and the moneys received as proceeds of the sale thereof shall be deposited to the credit of the source from which the money was advanced; and

(c) if the money was advanced from a source mentioned in clause (l)(c), the debentures may be sold and the moneys received as proceeds of the sale thereof deposited to the credit of any reserve fund from which the money was advanced; or the debentures may be transferred to, and held for the credit of, the reserve fund as an investment made therefor.

Municipally owned utility.

464(3)

Where, in any year, the whole or part of the money necessary for sinking fund and interest, or the annual instalment of principal and interest, on any debentures issued wholly or partially for the purpose of any utility or undertaking of the municipality, is provided from the revenue of the utility or undertaking, it is not necessary to levy the amount so provided; but the amount that would otherwise be levied under the by-law shall be provided by the treasurer for the purpose of the sinking fund and interest, or the annual instalment of principal and interest, out of the revenue of the utility or undertaking.

Interim debentures.

464(4)

Pending the issue of debentures authorized by any by-law, a municipality may issue one or more interim debentures in such denominations as may be required; and the interim debentures are valid and binding upon the municipality, and shall be exchanged for one or more definitive debentures to an equivalent aggregate principal amount, payable on the same date, and bearing the same rate of interest, as the interim debentures.

Subdivision V

PROCEDURE ON BORROWING BY-LAWS

Procedure before passing.

465(1)

Where the council of a municipality proposes to pass a borrowing by-law for the purpose of raising, upon the credit of the municipality, any money that is not repayable within that fiscal year of the municipality in which the by-law is passed, it shall proceed as in this Division provided, and shall not finally pass the by-law unless it has done so.

Notice of intent to pass by-law.

465(2)

In a case to which subsection (1) applies, the council shall, subject to subsection (3), cause to be published once each week, in two successive weeks, with not more than seven days between each publication, a notice of its intention to consider, and, if deemed advisable, to pass a bylaw for the purpose mentioned in subsection (1) and creating a debt of the amount stated in the notice.

Contents of notice.

465(3)

The notice shall state that the council will sit on a day, and at a place and time, stated in the notice, to hear any person desiring to make a representation to the council with respect to the proposed by-law, and the day so fixed shall be not earlier than 15 days after the first publication of the notice.

Hearing.

465(4)

On the day, and at the place and time, stated in the notice, the council shall sit and hear any person desiring to make a representation with respect to the proposed by-law, on his own behalf or as counsel or agent for any other person.

Address for service.

465(5)

Each person making a representation under subsection (4) shall file with the council an address to which any notice required to be sent under section 466 may be sent to him, and any person who fails to comply with this subsection is not entitled to a notice under section 466.

Action after hearing.

465(6)

After having complied with subsection (4), the council may

(a) decide not to proceed with the proposed bylaw; or

(b) alter

(i) the nature of the proposed project for which the money is to be raised;

(ii) the terms upon which the cost of the proposed project will be defrayed;

(iii) the amount to be borrowed under the bylaw;

(iv) the method and rate of taxation to be imposed in respect thereof;

and thereafter proceed as herein provided in respect of a case to which subsection (1) applies; or

(c) give first reading thereto.

Submission of by-law to board.

465(7)

Where a proposed by-law has been given first reading, the clerk shall forthwith send to the board such number of copies of the by-law as the board requires, and shall apply for its approval thereto; and the council shall not proceed further therewith until it has received the approval of the board to the by-law as hereinafter provided.

Withdrawal of by-law from board.

465(8)

Where a proposed by-law has been sent to the board under this section and the board has not made an order in respect thereto, the municipality may apply to the board to withdraw the by-law, and the board may grant the application and make an order to that effect.

Publication of notice.

466(1)

Forthwith upon the forwarding of the copies of the proposed by-law to the board as provided in subsection 465(7), the clerk of the municipality shall cause to be published once each week, in two successive weeks, with not more than seven days between each publication, a notice, signed by the clerk, stating

(a) that the council has given first reading to the proposed by-law;

(b) that the proposed by-law has been submitted to the board for its approval;

(c) that a copy of the proposed by-law is on file in the office of the clerk of the municipality and may be inspected by any person at any time when the offices of the municipality are open for the transaction of business;

(d) that any person may object to the proposed by-law or any part thereof, by serving upon, or sending by registered mail to, the clerk of the municipality, within 15 days of the date stated in the notice by the clerk, a written notice of his objection to the proposed by-law or part thereof and a statement of the grounds of the objection; and

(e) that if no notice of objection is so filed within 15 days from the date stated in the notice by the clerk, the board will proceed to dispose of the application of the municipality as provided in subsection (7);

and the clerk shall send, by registered mail, a copy of the notice to each person who made a representation to the council as provided in subsection 465(4).

Notice to board.

466(2)

Forthwith after the time limited, as stated in clause (1)(d), for filing notices of objection to a proposed by-law has passed, the clerk shall notify the board,

(a) that no notices of objections have been filed with him; or

(b) that certain notices of objections have been filed with him, giving

(i) the names of the persons objecting;

(ii) a brief statement of the grounds of each objection;

and where a notice of objection has been filed with him, he shall, at the time he so notifies the board, request it to appoint a date and time when, and a place where, the objections will be heard.

Approval by board where no objection.

466(3)

Where no person has filed a notice of objection to the proposed by-law, or part thereof, as provided in clause (l)(d) within the time limited in that clause, upon receiving the notification under subsection (2) to that effect, the board may proceed to dispose of the application of the municipality as provided in subsection (7).

Board to fix time and place of hearing.

466(4)

Unless the proposed by-law has been withdrawn pursuant to an order made under subsection 465(8) upon receiving a notification that a notice of objection has been filed, as provided in subsection (2), the board shall appoint a date, time, and place for the hearing of any objections to the proposed by-law, or part thereof.

Notice by clerk.

466(5)

Upon receiving an appointment under subsection (4), the clerk shall give at least 10 days notice in writing, by registered mail, to all parties affected thereby of the date, time, and place so fixed for hearing the objections.

Hearing by board.

466(6)

Subject to The Municipal Board Act, on the date, and at the time and place appointed as provided in subsection (4), the board shall sit and hear

(a) any person who has filed a notice of objection to the proposed by-law;

(b) the municipality; and

(c) counsel or an agent on behalf of any of the parties to whom or to which clauses (a) and (b) apply.

Order of the board.

466(7)

Where the board has received an application from a municipality as provided in subsection 465(7), whether or not a hearing has been held as provided in subsection (6), the board shall consider

(a) the nature of the work, undertaking or objects proposed;

(b) the necessity or expediency thereof;

(c) the financial position of the municipality; and

(d) any other relevant matters;

and may refuse the application or require the municipality to vary the application or may grant the application in whole or in part, or subject to conditions.

Compliance with order of board.

466(8)

On receipt of the order of the board, the council, if the order permits it to proceed with the proposed by-law and it desires to do so, shall proceed as provided in the order and in section 467.

Subdivision VI

PASSING BY-LAWS BY THE COUNCIL

Second reading of by-law.

467(1)

Where the order of the board authorizes the council to pass the proposed by-law, either as submitted to the board or as amended as set out in the order, if the council complies with the order, it may give second and third reading to the by-law.

Changes in council.

467(2)

The council finally passing the by-law need not be composed of the same members as the council which introduced or submitted the by-law to the vote.

Subdivision VII

LOANS TO PAY OFF OUTSTANDING DEBENTURES

By-laws.

468(1)

The council of any municipality may pass by-laws authorizing the giving, issuing, and disposing, of bonds, debentures, or other securities

(a) for the purpose of raising money by way of loan in order to take up or pay off bonds, debentures, or securities, formerly issued by the municipality,

(i) to pay for the cost of local improvements,

(ii) under a by-law approved by the board and assented to by the electors,

(iii) under a by-law approved by the board and not requiring the assent of the electors,

(iv) under a by-law validated by an Act of the Legislature; or

(b) for the purpose of exchanging them for bonds, debentures, or securities formerly so issued.

Levy where municipality increased.

468(2)

In the case of a municipality that has been enlarged since the bonds, debentures, or other securities were issued, the taxes levied for the purpose of paying the interest and creating a sinking fund for paying off the bonds, debentures, or other securities, when they become payable, shall be imposed only upon the area that was included in the municipality at the time the bonds, debentures and other securities were issued.

Disposition of new debentures.

468(3)

Subject to subsection (2), a by-law may authorize the issue or disposal of such bonds, debentures or other securities, and shall provide for the levying of a tax for payment of the loan and interest thereon, on the taxable property in the municipality.

Approval of board required.

468(4)

Any such by-law shall be submitted to the board for its approval after the first reading thereof.

Subdivision VIII

REPEALING OR ALTERING BORROWING BY-LAWS

Certain by-laws cannot be repealed.

469

After a debt has been contracted, unless the debt and interest thereon have been paid, the council of a municipality shall not, except under the authority of an order of the board,

(a) repeal the by-law under which the debt was contracted, or any by-law

(i) for paying the debt or the interest thereon,

(ii) for levying therefor a tax or an additional tax,

(iii) for appropriating thereto, or for the purposes thereof, the surplus income of any work or of any securities, or money from any source;

(b) alter a by-law providing for any such tax so as to diminish the amount to be levied under the by-law, except in cases where such action is herein authorized; or

(c) apply to any other purpose any moneys of the municipality that, not having been previously otherwise appropriated by any by-law or resolution, have been directed to be applied to that payment.

No neglect to carry out by-law.

470

Unless he acts under the authority of an order of the board, no officer of a municipality shall neglect or refuse to carry into effect a by-law for paying a debt under colour of a by-law purporting to repeal the first mentioned by-law or to alter it so as to diminish the amount to be levied under it.

General validity of bond payments.

471

Where

(a) the interest for one year or more on bonds, debentures, or other securities of any municipality in the province, issued under a bylaw; or

(b) any part of the principal of any bond, debenture, or other security which has matured;

has been paid by the municipality, the by-law or by-laws and the bonds, debentures, or other securities issued under it or them shall be deemed to be legal, valid, and binding upon the municipality.

DIVISION II

BORROWING BY-LAWS FOR PARTS OF RURAL MUNICIPALITIES

By-laws applicable to part.

472(1)

Any by-law to which subsection 465(1) applies, may be made applicable to a part only of a rural municipality which shall be described in the by-law; but all the territory included in that part shall be contiguous.

Definition of "contiguous".

472(2)

The intersection, division, or separation, of any such territory, or any part thereof, by a river, stream, or any division or boundary, does not prevent the territory from being held to be contiguous within the meaning of this section.

Initiation of by-law.

473(1)

A by-law to which subsection 472(1) applies may be initiated by

(a) a petition addressed to the council thereof asking therefor; or

(b) subject as herein provided, by the council on its own initiative.

Validity of petition.

473(2)

A petition to which clause (l)(a) refers is not valid unless

(a) it is signed by at least one-half in number of the persons

(i) whose names appear on the latest revised assessment roll of the municipality as owners of the land in that part of the municipality to be benefited by the proposed borrowing by-law; or

(ii) who are entered, under section 761, on the current tax roll as owners of such lands;

(b) the value of the land, of which the persons to whom clause (a) refers are the owners, is, according to the latest revised assessment roll, at least half of the value of all of the lands to be benefited by the proposed borrowing by-law as shown on that assessment roll;

(c) the petition contains a description of the purpose and an estimate of the cost thereof for which it asks the by-law be passed;

(d) the petition and the signatures thereto are verified by the statutory declaration of a person who has knowledge of the facts; and

(e) the petition states the method of taxation which the council is requested to use to repay the moneys borrowed.

Method of taxation.

473(3)

The method of taxation to which reference is made in clause (2)(e) shall be one of those set out in clauses 629(l)(a) to (e).

Discretion of council retained.

474

The council of a municipality that has received a petition to which clause 473(l)(a) applies is not bound to take action as requested in the petition; but if it decides to proceed with a bylaw to which subsection 472(1) applies, either on receipt of a petition or on its own initiative, it shall proceed as provided in Subdivisions V and VI of Division I of this Part.

Recitals in by-law.

475

A by-law to which section 473 applies shall recite the matters set out in sub-clauses 462(f)(i) to (iv), and, in addition thereto,

(a) a description of all the land taxable under the by-law, and the value thereof according to the latest revised assessment roll; and

(b) that the debt is created on the security of a special tax upon the land described in the bylaw.

DIVISION III

MUNICIPAL SECURITIES AND INVESTMENTS

Subdivision I

SECURITIES GENERALLY

Executions of debentures.

476(1)

All debentures and other securities duly authorized to be executed on behalf of a municipality shall, unless otherwise specially provided, be sealed with the seal of the municipality, and, subject to subsection (3), shall be signed by its head or by some other person authorized by by-law to sign them; otherwise they are not valid.

Execution of coupons.

476(2)

The coupons, if any, attached to each of the debentures or other security shall, subject to subsection (3), be signed by the treasurer of the municipality or by some other person authorized by by-law to sign them.

Mechanically reproduced signatures.

476(3)

The signature of the head of the municipality or other duly authorized person on debentures, and the signature of the treasurer or other duly authorized person on coupons, may be written, or engraved, lithographed, printed, or otherwise mechanically reproduced.

Signature of head of municipality.

476(4)

The signature of the head of the municipality may be the signature of the person who is the head at the date of the passing of the bylaw authorizing the issue of the debentures, or at the date the signature is affixed, or at the date of the delivery of the debentures.

Treasurer to see to application of moneys.

476(5)

The treasurer shall see that the money realized from the disposition of debentures under a by-law is properly applied for the purpose authorized in the by-law.

Subdivision II

DEBENTURES

Validity of debentures.

477

Debentures issued by a municipality under the authority of a by-law passed under this Act, or any former Act for which this Act is substituted, are valid and binding upon the municipality, notwithstanding any insufficiency or deficiency

(a) in the form of the by-law; or

(b) in the authority of the municipality in respect thereof;

if the by-law

(c) has been approved by the board, and, where so required, has received the assent of the electors; and

(d) has been promulgated as provided in section 192, and is a valid by-law as provided in section 193.

Memorandum as to registration.

478(1)

Debentures to be issued by any municipality shall contain a provision in the following words, or to the like effect:

Neither this debenture, nor any interest therein, shall, after a certificate of ownership has been endorsed thereon by the treasurer of this municipality, be transferable, except by entry by the treasurer or his deputy in the debenture registry book of the municipality at (naming place).

Debenture registry book.

478(2)

The treasurer of every municipality issuing any debentures shall open and keep a debenture registry book, in which he shall enter a copy of every certificate that he gives of the ownership of any debenture, and also every subsequent transfer thereof.

Authority for entry.

478(3)

The entry shall not be made except upon the written authority of the person last entered in the book as the owner, or of his executors or administrators, or of his or their lawful attorney; which authority shall be retained by the treasurer and duly filed.

Transfer by entry.

478(4)

Subject to subsection (6), after the certificate of ownership has been endorsed, the debenture is transferable only by entry, by the treasurer or his deputy, in the debenture registry book, from time to time, as transfers of the debenture are authorized.

Application for cancellation of registration.

478(5)

Where an entry of registration has been made with respect to any debenture as provided in subsection (2), the owner of the debenture or his executors, administrators, or his or their lawful attorney may apply to the treasurer of the municipality to cancel the registration of the debenture, in the following form, or to the like effect:

To the treasurer of (name of municipality)

Please cancel the registration of debentures No. of (name of municipality) which is dated (here insert date of debenture) and secure dollars.

Dated at this day of , 19 . (Signature of owner, executor, administrator or attorney) (Witness)

(Occupation and address of witness).

Entry of cancellation.

478(6)

On receipt of an application under subsection (5), if he is satisfied that it is duly signed by the owner of the debenture, or by his executor, administrator, or lawful attorney, and is otherwise in order, the treasurer shall make an entry in the debenture registry book noting the cancellation of the former registration of the debenture; and thereafter the debenture may be transferred as if the entry under subsection (2) had not been made.

Maximum rate of interest.

479(1)

No municipality shall issue debentures that bear a rate of interest higher than the rate approved by the board.

Sale at less than par.

479(2)

No municipality shall dispose of its debentures at less than the par value thereof, unless it is authorized by the board to do so.

New debentures for ones previously issued.

480(1)

Where a debenture issued under the authority of any by-law has been sold, mortgaged, pledged, or hypothecated, the municipality, upon again acquiring it, or at the request of the holder thereof, may

(a) cancel the debenture and the entry in the debenture register of the issue thereof, and thereupon issue one or more new debentures in substitution therefor; and

(b) make the new debenture or debentures payable by the same or a different mode of payment, and in the same or different money of equivalent value, in any manner authorized therein.

Substituting unissued debentures.

480(2)

Subject to the authorization of the board, the powers of cancellation and of issuing new debentures may also be exercised in respect of any debentures that have been issued and have not been sold, mortgaged, pledged, or hypothecated, or disposed of in any way.

Amount, term and rate to be same.

480(3)

The period over which the indebtedness was originally spread, or the term at the end of which it was made payable, may not be extended; and neither shall the rate of interest be increased nor shall the amount of the principal of the new debenture or debentures exceed the amount of the principal remaining owing upon the original debenture.

Terms may be varied.

481(1)

Where the council of a municipality has passed by-laws for raising amounts of money by the issue of debentures, and it provided therein or in any consolidating by-law, that the principal of, and interest on, the debt created thereby shall be repayable by equal, or as nearly as possible equal, annual instalments, and the debentures securing the debt have not been issued, the council of the municipality may, by an amending by-law or by-laws, vary the terms of the original by-laws or any consolidating by-law to the extent of providing

(a) that the principal of the debt be repayable at a fixed rate, during a term that does not exceed the terms of the debentures authorized under the original by-laws;

(b) that the interest upon the principal of the debt shall be payable yearly or half-yearly;

(c) that there shall be raised annually

(i) a certain specific amount for payment of the interest when it becomes payable; and

(ii) a certain specific amount sufficient to discharge the debt when it becomes due and payable.

Schedules to consolidating by-law.

481(2)

Where the original by-laws have been consolidated as provided in subsection (1), the consolidating by-law shall contain

(a) a schedule showing the date upon which payments due under the debentures issued pursuant to each of the original by-laws and the amounts payable on each of those dates, and the date of the final maturity of the debentures issued pursuant to that by-law; and

(b) a schedule showing the dates upon which payments will become due under the debentures issued pursuant to the consolidating by-law, and the amounts payable on each of those dates, and the date of the final maturity of the debentures issued pursuant to that by-law;

and each such schedule shall identify the by-law to which it relates.

Further variation of debenture by-laws.

481(3)

Notwithstanding subsection (1), where, due to conditions governing the marketing of securities, a municipality cannot sell its debentures on terms that will enable it to borrow the moneys required, it may, subject to the authorization of the board, amend the by-law to provide an interest rate that will enable it to sell the debentures on terms that are satisfactory to the council and to the board; and that will enable the municipality to borrow the moneys required.

Power to issue debentures.

481(4)

In any such amending or consolidating by-law, the council may, subject to subsection (5), reserve to itself authority to borrow or raise, by way of the issue of debentures, the whole or any portion on the amounts to be raised; and the amounts to be raised shall be repayable, with interest thereon, at the times prescribed in the amending or consolidating by-law.

Validity of by-law.

481(5)

An amending or consolidating by-law to which this section applies is not valid unless approved by the board.

Subdivision III

CONSOLIDATING BY-LAW

Consolidated debentures may be issued.

482(1)

The council of any municipality may, by by-law, after the passing of by-laws for borrowing amounts required, whether for local improvements or otherwise, consolidate the amounts and issue consolidated debentures therefor, without affecting any provision for the levying of the annual taxes or increasing the authorized amount of any loan, or, in the case of local improvements, the liens on the property therein described.

Investment of sinking fund.

482(2)

When the sinking fund and the special tax levied under any by-law so consolidated has reached the amount sufficient to discharge the debt created under that by-law, the amount may, pending the maturity of the consolidated debentures, be invested in any of the securities authorized for the investment of sinking funds, or it may be applied directly to the extinguishing of a corresponding amount of the outstanding debt of the municipality by purchase and cancellation of debentures.

Term of debentures.

482(3)

The consolidated debentures may be made of a final maturity not exceeding 30 years.

Approval by absolute majority of council.

483

A consolidating by-law to which reference is made in section 482 is not valid unless it is approved by an affirmative vote of at least an absolute majority of all the members of the council; and it shall state, either by recital or otherwise,

(a) the total amount of the consolidated loan, specifying the individual by-laws with the respective amount authorized under each, and the respective arrangements for sinking funds thereunder;

(b) the term for which it is made and the provisions for the redemption thereof at maturity;

(c) the rate of interest thereon, and the dates on which it is payable; and

(d) particulars of the place or places of issue, registration, transfer, payment of interest, and payment of the principal at maturity.

Provision for redemption in advance.

484

Notwithstanding any other provision herein, a by-law authorizing the issue of debentures may reserve to the municipality the right to redeem the debentures, in whole or in part, in advance of the maturity date thereof upon such terms and conditions as are provided in the by-law, and may authorize the inclusion in the debentures of a provision setting out the substance of the reservation made in the by-law.

Subdivision IV

ACCOUNTS FOR SPECIAL TAXES AND SINKING FUNDS

Two special accounts to be kept.

485

Every municipality shall

(a) keep in its books two separate accounts, one for the special tax, and one for the sinking fund or for instalments of principal of every debt; and

(b) keep both accounts, with any others that are necessary, so as to exhibit, at all times, the state of every debt, and the amount of moneys raised or appropriated for payment thereof;

and both accounts shall be distinguished from all other accounts in the books by a prefix designating the purpose for which the debt was contracted.

Surplus.

486

Where, after paying the interest of a debt and appropriating the necessary sum to the sinking fund, or in payment of any instalment of principal, for any year, there is a surplus at the credit of the special tax account of the debt, that surplus shall so remain, and may be applied, if necessary, towards the interest due during the next following year; but if the surplus exceeds the amount of that interest, the excess shall be carried to the credit of the sinking fund account or applied in payment of the principal of the debt.

Powers of council.

487

The council of any municipality may, by by-law,

(a) direct that any surplus moneys in the hands of the treasurer, and not specially appropriated to any other purpose, be credited to the sinking fund account of any debenture debt of the municipality; or

(b) appropriate to the payment of any debt

(i) surplus income derived from any public or municipal work, or from any share or interest therein, after paying annual expenses thereof; or

(ii) any unappropriated money in the treasury; or

(iii) any money raised by an additional tax; and any money appropriated as provided in clause (b) shall be placed to the credit of the sinking fund of the debt or applied in payment of any instalment accruing due.

Board order.

488

The board may, by order, direct that such part of the proceeds of the special tax levied, and at the credit of the sinking fund account or of the special tax account, instead of being invested as hereinafter provided, shall, from time to time, as it accrues, be applied to the payment or redemption, at such value as the municipality approves, of any part of the debt or of any of the debentures representing or constituting the debt or any part of it, though not then payable, which shall be selected as provided in the order; and the municipality shall thereupon apply, and continue to apply, that part of the proceeds as directed by the order.

Money collected for sinking fund.

489

No money collected for the purpose of a sinking fund shall be applied towards any part of the current or other expenditure of the municipality other than the retirement of the debentures for which it was raised.

Subdivision V

INVESTMENTS

Investment of surplus moneys.

490(1)

Where

(a) any part of the proceeds of the special tax levied in respect of any debt and at the credit of the sinking fund, or special tax account, cannot be immediately applied towards paying the debt, by reason of no part thereof being yet payable; or

(b) the municipality has raised a reserve fund for any purpose;

the municipality shall

(c) invest it in

(i) any bonds, debentures or securities issued by the Government of Canada or by the Government of Manitoba, or by any other province of Canada; or

(ii) in any bonds, debentures or securities the payment of which is guaranteed by the Government of Canada or by the Government of Manitoba or by any other province of Canada; or

(iii) in debentures of any municipality in the province, or in bonds, or debentures of The Metropolitan Corporation of Greater Winnipeg; or

(d) deposit it in a bank; or

(e) invest it in deposit receipts of any bank;

(f) invest it in deposit receipts guaranteed under the Canada Deposit Insurance Corporation Act (Canada).

Investment of surplus in current account

490(2)

Where a municipality has on hand, in any year, moneys in current account not immediately required for any of its purposes, it may, subject to subsection (3), invest all, or any portion, of those moneys

(a) in treasury bills, bonds, debentures, or other securities of, or guaranteed by, the Government of Canada or of, or guaranteed by, the Government of Manitoba; or

(b) in deposit receipts of any bank;

(c) in deposit receipts guaranteed under the Canada Deposit Insurance Corporation Act (Canada).

Limitation.

490(3)

Any investment of moneys in securities mentioned in subsection (2) shall be limited to an amount which, in the opinion of the council, will not be required before the date upon which the securities mature or become fully payable as to principal.

Investment of reserve funds.

490(4)

Money collected or appropriated by any municipality for the purpose of a reserve fund or sinking fund may be paid by the municipality to the Minister of Finance of the province, and, when so paid, shall be invested by him, on behalf of the municipality, in securities in which a trustee may invest in under The Trustee Act.

To be part of provincial trust funds.

490(5)

All moneys received by the Minister of Finance under subsection (4) shall form a part of the trust and special division of the Consolidated Fund; and a statement of the amount to the credit of each municipality shall be set forth annually in the Public Accounts of the government.

Payment oyer of reserve fund.

490(6)

Reserve fund moneys or the securities therefor shall be paid over or delivered to the municipality on the production of a letter of authorization, signed by the minister, approving the withdrawal of the moneys, or any part thereof, by the municipality.

Deposit of securities.

491

Every municipality shall deposit its bonds, debentures, and other securities for safekeeping with

(a) a bank; or

(b) a trust company duly registered to carry on business in the province; or

(c) the Minister of Finance of the province; or

(d) such other depository as is approved by the minister;

or in a safe deposit box in or kept by a person or institution mentioned in clauses (a) to (d); and those securities or that safe deposit box shall be subject to access and withdrawal only on an order in writing bearing the signature of the treasurer of the municipality together with that of its head, or in the alternative to the signature of its head, the signature of such other member of the council as is named in the by-law.

Purchasing unsold debentures.

492

Where the debentures of a municipality are held by it undisposed of, the municipality may apply the sinking fund, to an amount equal to the amount of the debentures, to the purposes to which the proceeds of the debentures are properly applicable, and hold the debentures as an investment on account of the sinking fund and deal with them accordingly.

Liability for unauthorized investment.

493

No member of the council of a municipality shall take part in, or in any way be a party to, the investment of such moneys as are mentioned in this Division, by or on behalf of the municipality otherwise than in the manner authorized by this Act or another Act; and a member so doing is personally liable for any loss sustained by the municipality.

DIVISION IV

AGRICULTURE SEED GRAIN, FODDER, AND MOTIVE FUEL ADVANCES

Subdivision I

BORROWING FOR SEED GRAIN, FODDER, AND MOTIVE FUEL

Definitions.

494(1)

In this Division,

"motive fuel" means fuel for an internal combustion engine, and, without restricting the generality of the foregoing, includes gasoline, distillate, and diesel fuel and also includes oil and grease for the lubrication of such an engine or of agricultural machinery; ("carburant" )

"seed grain" means "registered", " certified", or "commercial" wheat, oats, barley, rye, or flax, in respect of which there has been issued

(a) a control sample certificate by the Board of Grain Commissioners; or

(b) another form of certificate recognized by the Minister of Agriculture as sufficient for the purpose. ("semences")

Powers.

494(2)

The council of any rural municipality may, if authorized by the Lieutenant Governor in Council, in any year, pass by-laws

(a) for providing and furnishing seed grain, fodder, and motive fuel, or any of them, to farmers in the municipality who are unable to obtain, them, or any of them, the cost of which shall be provided

(i) from the funds of the municipality; or

(ii) from moneys borrowed as provided in subsection (3);

(b) for levying a special tax upon the taxable property in the municipality in each year, sufficient to discharge any deficiency in the amount available for payment of the yearly sum of principal and interest next accruing due or payable on the debentures issued, if any.

Borrowing.

494(3)

The council of a rural municipality that, in any year, has provided or intends to provide seed grain, fodder, and motive fuel, or any of them, as mentioned in clause (2)(a), may pass bylaws for borrowing in that year, on the credit of the municipality, for that purpose, an amount not exceeding an amount authorized therefor in that year by order of the Lieutenant Governor in Council, by either

(a) giving, for the amount so borrowed, the promissory note of the municipality payable at such time, and with interest at such rate as is approved by the Lieutenant Governor in Council; or

(b) issuing, to secure the amount borrowed or to be borrowed, debentures for a term not exceeding five years, bearing interest at a rate approved by the Lieutenant Governor in Council, and repayable in equal annual instalments or as nearly so as possible.

Authority for by-law.

494(4)

A by-law passed under this section does not require the authorization of the board.

Guaranteeing of debentures.

495(1)

The Lieutenant Governor in Council may, by order in council, authorize the guaranteeing of, and the Minister of Finance, on behalf of the government, may accordingly guarantee, any debentures issued pursuant to any by-law passed under this Division.

Form of guarantee.

495(2)

The guarantee may be in the following form, endorsed on each of the debentures, that is to say:

"The payment of this debenture (and the several coupons for interest attached thereto, if any) are guaranteed by the Government of Manitoba";

and the certificate of endorsement shall be signed by the Minister of Finance on behalf of the government and, when so signed, is a valid obligation and liability, on the part of the government, to any holder of any such debentures to the extent or amount therein set forth, in the event of any default being made in the prompt payment thereof by the municipality issuing them.

Promissory notes valid.

496

Every promissory note given under this Division and any renewal or renewals thereof, either in whole or in part, is valid, legal, and binding upon the municipality and all the assets and property thereof.

Subdivision II

PROVINCIAL LOANS TO MUNICIPALITIES

Investment.

497

The Lieutenant Governor in Council may, if deemed advisable, direct the Minister of Finance to invest any portion of the Consolidated Fund, or other funds provided for the purpose, or trust funds in his hands, not presently required for current expenditure, in the purchase of debentures or promissory notes of any municipality given under this Division, on such terms and to such amounts as are agreed upon between the Minister of Finance and the municipality.

Debentures binding.

498(1)

Every promissory note or debenture given or issued by a municipality to the Minister of Finance pursuant to any Act of the Legislature respecting advances from the public moneys of the government for the purchase of seed grain, fodder, and motive fuel, or any of them, continues to be binding on the municipality and all the assets and property thereof.

Actions by Minister of Finance.

498(2)

The Minister of Finance may, in his official name, institute, maintain, and carry on, all and any actions, suits, and proceedings that he deems desirable or necessary for the due recovery of the moneys so secured or any part thereof.

Levy for amount advanced.

499(1)

The minister may make a levy upon any municipality that fails to pay the amount of any promissory note given, or debenture issued, by it to the Minister of Finance under this Division together with the interest thereon.

Effect of levy.

499(2)

A levy made under subsection (1) shall be made in the same manner, and has the same force and effect, as a levy made by the minister under The Municipal Affairs Administration Act.

Return of surplus.

500

Where any moneys advanced by the Minister of Finance under this Division are still unexpended by a municipality for the purpose of the advance on August 31 of the year in which they are advanced, they shall be returned to the Minister of Finance; and the amount thereof shall be applied in the payment pro tanto of the promissory notes or debentures theretofore given by the municipality to the Minister of Finance.

Power to borrow to repay loans.

501(1)

Notwithstanding subsection 494(3), any rural municipality may borrow an amount of money, not exceeding

(a) the amount due from the municipality to the Minister of Finance for money loaned to the municipality, either before or after the coming into force of this Act, under any Act empowering rural municipalities to borrow money for the purposes of buying seed grain, fodder, and motive fuel, or any of them; and

(b) interest on the money so loaned.

Refunding debentures.

501(2)

Upon the council thereof passing a bylaw for the purpose, a municipality shall borrow any moneys authorized to be borrowed under subsection (1), by the issue of debentures as security therefor, bearing interest at a rate approved by the Lieutenant Governor in Council.

Term and method of repayment.

501(3)

Debentures issued under this section may be issued for any term not exceeding 10 years, on the credit of the municipality; and the amount secured thereby may be repayable by annual or semi-annual instalments during the term for which the debentures are issued.

Amount of instalments.

501(4)

The interest payable on the moneys secured by the debentures may also be made payable annually or semi-annually, as provided in the by-law; and it is not necessary that the instalments be of such amounts that the aggregate amount payable for principal and interest in any year is equal, as nearly as possible, to the amount payable for principal and interest during each of the other years in the term of the debentures.

Authority for by-law.

501(5)

A by-law under subsection (2) does not require the authorization of the board.

Disposition of proceeds.

501(6)

Debentures issued under this section shall be handed over to the Minister of Finance immediately after the issue thereof, and may be disposed of by him; and the proceeds thereof shall be used exclusively for paying to the Minister of Finance the sum due him for principal and interest owing for seed grain, fodder and motive fuel, or any of them.

Examination of books.

502

Where a rural municipality is in arrear for payments due to the government in respect of advances for the purchase of seed grain, fodder, and motive fuel, or any of them, under any Act of the Legislature, the Lieutenant Governor in Council may order an examination to be made of the books and seed grain, fodder, and motive fuel notes of the municipality; and the officers of the municipality shall produce all books, accounts, and documents in any way relating to seed grain, fodder, or motive fuel indebtedness, and generally give all assistance to the person appointed to make the examination.

Subrogation.

503

Where default is made in the payment of any debenture, or debenture coupon guaranteed as provided in this Division, and the government makes good the default under the guarantee, it is subrogated to the rights and remedies of the holder of the debenture in respect of which the default was made, and it has, and may exercise, every right and remedy of that holder against the municipality so in default.

Subdivision III

DEBENTURES

Debentures not part of general debt.

504

Debentures issued by any municipality under this Division form no part of the general debt of the municipality.

Certification of debentures.

505

Upon presentation of the debentures within six months after the passing of the by-law for the issue thereof, the board may certify the debentures under The Municipal Board Act as if the debentures were authorized by the board.

Subdivision IV

ADVANCES TO FARMERS

Expenditure of moneys.

506(1)

A municipality shall expend the money so borrowed under this Division, or such part thereof as is necessary, for the purpose of supplying seed grain, fodder, and motive fuel, or any of them, to farmers in the municipality who are unable to procure them, to an amount, to any one individual, not exceeding the amount prescribed for that purpose by the Lieutenant Governor in Council.

Money not to be furnished to farmers.

506(2)

No money shall be given or lent to any individual, but the municipality shall purchase and provide the necessary seed grain, fodder, and motive fuel, or any of them, required and shall distribute it.

Refusal to supply.

506(3)

A municipality may refuse to supply seed grain, fodder, and motive fuel, or any of them, to a farmer if the council, because of the condition of his land, the lateness of the season, his credit record, or for any other reason, considers that he should not be supplied therewith.

Form of application.

507

A municipality shall require each applicant for seed grain, fodder, and motive fuel, or any of them to make out and deliver to the clerk an application, on a form to be supplied by the municipality,

(a) containing a description of the land upon which the seed grain is to be sown, or the fodder or motive fuel is to be used, or the livestock is situated, as the case is;

(b) stating, with respect to each parcel of land, whether the applicant is the owner or the lessee thereof and, if the owner, the encumbrances against the land;

(c) in case animal fodder is to be supplied, containing

(i) a list of the livestock for which the fodder is to be supplied, with such a sufficiently full description thereof that the animals may be thereby readily and easily known and distinguished; and

(ii) a statement that the applicant is the owner of the livestock; and

(d) in case motive fuel is to be supplied, containing

(i) a list of the various items of agricultural machinery in which the motive fuel is to be used, with a sufficiently full description thereof that the several items of agricultural machinery may be thereby readily and easily known and distinguished: and

(ii) a statement that the applicant is the owner of the agricultural machinery.

Applicant to give note.

508

Each applicant for seed grain, fodder, and motive fuel, or any of them, before receiving it, shall deliver to the clerk of the municipality his promissory note payable to the municipality or to its order, for the amount owing for the seed grain, fodder, and motive fuel, or any of them, so to be provided, together with the proportion of the freight charges thereon; and the note shall bear interest at a rate not exceeding the rate approved by the Lieutenant Governor in Council under subsection 494(3) and shall be payable on demand.

Subdivision V

INCIDENCE OF SEED GRAIN, FODDER, OR MOTIVE FUEL NOTES

Priority of note.

509

Where the applicant is the owner of the land, the amount of his promissory note given to the municipality for seed grain, fodder, and motive fuel, or any of them, with interest thereon, is a first and prior lien and charge upon, and may be entered in the collector's roll of the municipality against the land and collected as taxes in arrears.

Definition of "owner".

510

For the purpose of this Division "owner" means the registered owner, or anyone entitled to be the registered owner of the land, and includes any purchaser under an agreement for sale, regardless of the fact that the owner has, by agreement or by a mortgage or by a separate document, become tenant of the land.

Advances to tenants.

511(1)

No municipality shall, under this Division, make a seed grain, fodder, and motive fuel, advance or any of them, to a tenant of land except by and with the consent of the owner of the land, in which case both the tenant and the owner shall make and deliver a joint and several note in favour of the municipality for the amount of the advance; and the advance shall be deemed to be an advance to the owner for the purposes of this Division.

Where Crown is owner.

511(2)

Where the Crown is the owner of the land, it is not necessary for the Crown to join in the promissory note in favour of the municipality.

Consent of owner dispensed with.

511(3)

Where the applicant is a tenant, a municipality may notwithstanding subsection (1), dispense with the consent of the owner; in which the tenant shall make and deliver his promissory note in favour of the municipality; but the promissory note is not a lien or charge upon the land of the owner.

Filing in court.

512(1)

A copy of the application and promissory note given to a municipality for seed grain, fodder, and motive fuel, or any of them, supplied under this Division, may, within 30 days of the making thereof be filed in the Court of Queen's Bench, and thereupon,

(a) in the case of an advance for seed grain, the municipality has a first and preferential lien for the amount of the promissory note, with interest, upon the crop grown on the land, with the same priority and effect as a seed grain chattel mortgage made and registered under The Personal Property Security Act, whether the seed is sown or not; and

(b) in the case of an advance for animal fodder, the municipality has a first mortgage, for the amount of the promissory note, with interest, on the livestock described in the application; and the mortgage has preference and priority over every bill of sale, lien, charge, or encumbrance, on the livestock and over every claim of a vendor under a conditional sale agreement, whether made before or subsequent to the making of the promissory note; and

(c) in the case of an advance for motive fuel, the municipality has a first mortgage, for the amount of the promissory note, with interest, on the agricultural machinery described in the application; and the mortgage has preference and priority over every bill of sale, lien, charge, or encumbrance, on the agricultural machinery, and over every claim of a vendor under a conditional sale agreement, whether made before or subsequent to the making of the promissory note; and

(d) in any case, the municipality, whether or not the copy of the application and promissory note have been filed in the Court of Queen's Bench, upon filing in the land titles office in which the land is situated, a certificate over the signature of the head of the municipality certifying the moneys that have been so expended under this Division, has a lien upon any land of the applicant, with the same priority and effect as if a mortgage were given the municipality and duly registered against the title to the land in the proper land titles office.

Fee for filing.

512(2)

The fee for filing the application and promissory note in the Court of Queen's Bench, under this section, is 25¢, and shall be added to, and collected as part of, the amount owing the municipality.

Discharge of lien.

512(3)

Any such lien, mortgage, or charge, may be discharged by filing in the Court of Queen's Bench or in the land titles office a discharge, under the seal of the municipality, attested by the hands of its reeve and secretary-treasurer.

Renewals.

512(4)

The municipality may renew the promissory note or may take additional security for its debt in any form; and it is not necessary to register the renewal or additional security in order to maintain the lien created in favour of the municipality by this section, nor is it necessary, at any time, to renew the registration.

Subdivision VI

PROCEEDINGS ON PROMISSORY NOTES

Acceleration of time of payment.

513

At any time after any promissory note for seed grain, fodder, and motive fuel, supplied, or for any of them, has been given to a municipality, it may declare the note to be due and payable immediately, whether it is due according to its tenor or not; and, upon mailing a notice to each of the makers of the note to that effect, the note is due and payable, and the municipality may enforce payment thereof.

Exemptions applicable.

514

The provisions of The Executions Act and of The Judgments Act relating to exemptions from execution or judgment proceedings apply to proceedings taken by the municipality to recover on a promissory note given for an advance of seed grain, fodder, and motive fuel, or any of them, under this Division or any renewal thereof.

Notice of harvesting.

515(1)

Every person who receives an advance of seed grain from a municipality under this Division shall, before harvesting the crop grown with the seed grain, notify the municipality in writing of the day upon which he proposes to harvest the crop at least 48 hours before beginning the harvesting operations.

Setting aside portion for municipality.

515(2)

A person to whom subsection (1) applies shall, on harvesting the crop, keep separate and apart, on the land on which the harvesting is done, a sufficient portion of the grain harvested from the crop to pay the amount owing to the municipality for principal, interest, and charges in respect of the advance; and that portion thereupon becomes the property of the municipality, and may not be sold or otherwise disposed of or removed from the premises without the consent in writing of the municipality.

Seizure and sale.

515(3)

Where any person makes default in paying a promissory note given for seed grain, the municipality may, at any time during the day, enter in and upon any land or into any buildings upon or in which any grain liable to seizure under this Division is situated, and take possession thereof and remove, thresh if necessary, and sell it at public auction or by private sale on such terms as the municipality deems advisable, and free from any claim of exemption by the person in default or any one claiming under him.

Accounting.

515(4)

Out of the proceeds of the sale, the municipality shall, firstly, pay and reimburse itself for the amount of money then due, owing, or accruing due, under the note for seed grain, and all costs and expenses incurred by it in consequence of the default; and secondly, it shall pay to the person in default, or other person entitled thereto, all surplus remaining in its hands.

Dealing with livestock forbidden.

516(1)

A person who has given a promissory note for animal fodder under this Division, any part of which remains unpaid, shall not sell, dispose of, in any way part with the possession of, or remove from his premises or beyond the limits of the municipality, any of the livestock upon which the municipality has a lien or charge, without the consent of the municipality to the sale, disposal, or removal first had and obtained in writing.

Limitation on use of advances.

516(2)

Any person who receives an advance for motive fuel shall not use it for any purpose other than as motive fuel in, or for the lubrication of, agricultural machinery, while the machinery is in use for agricultural purposes.

Offence and penalty.

517

Any person who violates either section 515 or 516 is guilty of an offence and is liable to a fine of not more than $100., and in default of payment thereof, to imprisonment for a term not exceeding three months.

Seizure and sale of livestock.

518(1)

Where

(a) default is made in the payment of any promissory note for fodder advanced under this Division, or of the interest thereon or any part thereof, or charges and costs incurred in the collection thereof; or

(b) any person attempts to sell or dispose of, or in any way part with the possession of, any livestock upon which the municipality has a lien or charge, or to remove it or any part thereof out of the municipality, whether or not the note is due, or suffers or permits the livestock to be seized or taken in execution without the consent of the municipality to the sale, removal, disposal, seizure, or taking first had and obtained in writing; or

(c) the municipality is of the opinion that the livestock is in danger of being sold or removed contrary to this Division; or

(d) any writ or other process for debt or damages against the person indebted under the note is issued; or

(e) the livestock or any part thereof is abandoned;

and as often as any of such events happen, the full amount of the promissory note, interest, charges and costs added thereto, forthwith becomes due and payable; and the municipality, with such assistance as is required, at any time during the day, may enter into and upon any lands, or into any buildings upon or in which the livestock or any part thereof is, and take possession thereof and remove and sell it at public auction or by private sale, on such terms as to the municipality seems meet, and free from any claim of exemption by the person indebted under the note or any one claiming under him.

Reimbursement outlay from proceeds.

518(2)

Out of the proceeds of the sale, the municipality shall firstly pay to, and reimburse itself for, all amounts of money then due, owing, or accruing due, under the note, and all costs and expenses incurred by it in consequence of the default; and, secondly, it shall pay to the person indebted under the note or other person entitled thereto, all surplus remaining in its hands.

Assignment of promissory note.

519

A municipality may, for valuable consideration, assign, transfer, and set over to any person any promissory note given under this Division, together with all the rights, privileges, and remedies to which it is entitled under this Division with the exception of those arising under sections 509 and 513.

Offence and penalty.

520

Any person who has received seed grain, fodder, or motive fuel from a municipality under this Division and who dispose of it or any part thereof, or makes use of any portion of it for any purpose other than that for which it was supplied, is guilty of an offence and is liable to a fine of not more than $500., or to imprisonment for a term of not more than six months, or to both.

No limitations.

521

The cause of action upon any promissory note given under this Division continues to exist so long as the note or any part thereof remains unpaid; and any statute limiting the time for the commencement of actions or suits does not apply to actions or suits instituted to recover the amount with interest due upon any such promissory note.

Subdivision VII

ACCOUNTS

Separate account.

522(1)

All moneys lent to, or borrowed by, a municipality under this Division, as well as all moneys received in payment of, or on account of, promissory notes given to the municipality for seed grain, fodder, and motive fuel, or any of them, shall be constituted as a fund separate and distinct from the other funds of the municipality, and shall be kept in a separate and distinct account, both in the bank and in the books of the municipality.

Monthly statement of accounts.

522(2)

The treasurer of the municipality, on the request of the Minister of Finance shall furnish to him monthly on the last day of each month a detailed statement showing the moneys borrowed, the amount still outstanding and unpaid, and all moneys standing to the credit of the account to which subsection (1) applies, together with any other information he requires.

Application of surplus.

522(3)

Where any money remains to the credit of the account and any promissory note or debenture or any interest thereon becomes due or is overdue and unpaid, the municipality shall apply the money in payment pro tanto of the promissory note or debenture.

Payment of losses.

522(4)

Any loss suffered by a municipality, on account of any such promissory note or debenture given by it, by reason of its inability to collect the notes held by it for seed grain, fodder, or motive fuel advanced, or interest thereon, shall be paid and borne by the municipality at large and shall be charged on the taxable property of the municipality as a whole.

DIVISION V RETURNS

Names and addresses.

523(1)

On or before December 1 in each year, the clerk of each municipality shall transmit to the minister the names and post office addresses of

(a) the head of the municipality; and

(b) the other members of the council;

for the next following year.

By-election.

523(2)

Forthwith after each election that is held in a municipality to fill a vacancy in the council thereof, the clerk of the municipality shall transmit to the minister the names and post office addresses of the members of the council elected at that election.

Officers.

523(3)

When any person is appointed

(a)clerk;

(b) treasurer;

(c) secretary-treasurer;

(d) medical officer of health;

(e)assessor; or

(f) a member of the council;

of a municipality, the clerk of the municipality shall forthwith transmit to the minister the name and post office address of the person so appointed.

Offence and penalty.

523(4)

The clerk of any municipality who refuses, or omits, fails, or neglects, to comply with this section is guilty of an offence and is liable to a fine of not more than $10. and the continuance of the offence constitutes a separate offence on each day on which it continues.

Annual return of statistics.

524

Where so ordered by the minister in writing, the clerk of each municipality, including The City of Winnipeg, shall, in each year, within 30 days after he receives the order, make a return to the minister, on schedules or forms furnished by him, of such statistics or information as the assessment roll or other records of his office afford and as the schedules or forms require.

Copy of statement for minister.

525

On or before the last day of each month, the treasurer of each municipality shall send to the minister a copy of the statement required, under section 148, to be furnished to the head of the municipality with an acknowledgment thereon, signed by the head of the council and by the chairman of the finance committee, that the council has received the statement.

Statement for eight months.

526(1)

Not later than October 1 in each year, the treasurer of each municipality shall prepare and sign two copies of the statement delivered, as required under section 148, for the period ending on August 31 last preceding.

Disposal of copies.

526(2)

The treasurer shall

(a) deliver one copy of the statement mentioned in subsection (1) to the head of the municipality; and

(b) place on file in the offices of the municipality the second copy of the statement.

Publication of statement.

526(3)

The treasurer shall cause to be published once, not more than 15 days or less than five days before nomination day at the next following regular election, a notice in Form 4, or to the like effect.

Annual statements.

527(1)

Not later than February 15 in each year, the treasurer of each municipality shall prepare in triplicate, a statement signed by him, showing the revenue and expenditure of the municipality for the preceding year, and also a statement fully showing the assets and liabilities of the municipality as on December 31 last preceding.

Copy for head of municipality.

527(2)

The treasurer shall forthwith deliver to the head of the municipality one copy of each of the statements mentioned in subsection (1); and the head of the municipality shall lay the statements before the council at the next regular meeting thereof.

Copies for minister.

527(3)

The treasurer shall forthwith send to the minister two copies of each of the statements mentioned in subsection (1); and the minister shall retain one copy of each statement, and shall send or deliver the other copy to the municipal auditor whom he has assigned to conduct the audit of the affairs of the municipality to which the statements relate.

Declarations by treasurer.

527(4)

The treasurer shall attach to each of the copies of the statements sent to the minister a statutory declaration made by him stating that a copy of the statement to which it relates has been delivered to the head of the municipality.

Financial statements of two cities.

528

The treasurers of The City of Brandon and The City of Winnipeg shall each, on or before June 30 in each year, send to the minister a statement in respect of the last preceding fiscal year of the municipality, together with such statistical and other information, in such form, and containing such particulars, as the minister may require.

Offence by councillors and penalty.

529(1)

A member of the council of a municipality who wilfully or knowingly

(a) makes or causes to be made, an untrue entry in any of the statements required to be made under sections 526 and 527; or

(b) omits, or causes to be omitted from any such statement any entry or item that should be included therein;

is guilty of an offence and is liable to a fine of not more than $500., and, in default of payment of the fine, to imprisonment for not more than six months.

Further penalty.

529(2)

A person who is convicted of an offence under subsection (1), in addition to any penalty imposed under that subsection,

(a) forfeits his seat on the council; and

(b) is disqualified

(i) from being a member of the council;

(ii) from holding any municipal office; and

(iii) from voting at any election, for a period of three years from the date of the conviction.

Offence by others and penalty.

529(3)

Any person other than a member of the council of a municipality who does anything described in clause (l)(a) or (b) is guilty of an offence and is liable to the penalty mentioned in subsection (1).

DIVISION VI

EXTRA-MUNICIPAL CONTROL OF FINANCES INQUIRIES INTO MUNICIPAL AFFAIRS

Subdivision I

SUPERVISION

Meaning of "municipality".

530(1)

In this section and sections 531 to 534 the expression " municipality" includes a school district, school area, or school division for which the municipality collects taxes.

Order for supervision.

530(2)

Where the Lieutenant Governor in Council, has reason to believe that a municipality is in financial difficulty, and deems it in the best interests of the municipality, and of the ratepayers and creditors thereof, that the affairs of the municipality be supervised, he may, by order in council,

(a) place the affairs of the municipality under the supervision of the minister or the board; and

(b) authorize the minister or the board to appoint a supervisor of the affairs of the municipality.

Order for submission of program.

530(3)

Where the affairs of any municipality are placed under supervision as provided in subsection (2), the minister or the board, as the order of the Lieutenant Governor in Council directs, shall order the municipality and its officers and officials to submit annually, and on or before such dates as required in the order, particulars of

(a) its proposed capital outlay, if any;

(b) the scheme of assessment and taxation of the municipality;

(c) its annual estimates of revenue and expenditure, including those of public utilities owned by it, if any; and

(d) any other matter of principle or method affecting the administration of the affairs of the municipality, or of any public utility;

all of which is hereinafter called "the program".

Compliance with order of minister.

530(4)

The municipality and its officers and officials shall comply with the order of the minister or the board, as the case requires; and the council of the municipality shall not finally settle its program, or pass any by-law in respect thereof, until the program has been approved, or been revised and approved, by the minister or the board as the case may be.

Notice of orders.

530(5)

Notice of any such order made by the Lieutenant Governor in Council, the minister, or the board under subsection (2) or (3) shall be published once in The Manitoba Gazette.

Effect of Municipal Board Act.

530(6)

Nothing in this Division limits or otherwise affects the powers or authority of the board under The Municipal Board Act; and if the board, under that Act and duly authorized as provided therein, at any time assumes supervision of a municipality or appoints a supervisor therefor, from that time

(a) the board has all the power and authority with respect to the municipality that is, or may be, given to it under this Act; and

(b) a supervisor so appointed has all the power and authority given to him by this Act, or by the board pursuant to this Act;

and thereafter the minister ceases to have the powers and authority given to him under this subdivision.

Prescribing program.

531

Where a municipality fails to obtain the approval of the minister or the board to its program, in pursuance of the order, or where, after approval of its program, it fails in whole or in part to conduct its affairs in accordance therewith, so often as the failure occurs the minister or the board may prescribe a program for the municipality, which thereupon becomes effective and is binding upon the municipality, its council, officers, and officials, and all persons interested therein or affected thereby.

Amendment of program.

532

The minister or the board may amend in whole or in part a program approved or prescribed by him or it, or a program prescribed by the council, for the whole year in which the order of the minister or the board is made, or any unexpired portion thereof; and any such amendment is effective and binding immediately upon notice thereof being given to the municipality.

Current borrowings.

533

The minister or the board may order that all borrowings for current expenditure by the municipality shall be subject to his or its approval, and that thereafter no money shall be borrowed for purposes other than, or in amounts greater than, so approved, from time to time, by him or it; and the municipality shall comply with the order.

Supervision of program.

534

The minister or the board, in supervising the program of a municipality, may give orders for the deposit of all moneys of, or received on account of, the municipality, and may order that the moneys shall not be disbursed except by cheque signed by the mayor or reeve and treasurer, and countersigned by the minister, or a member of the board, or a supervisor appointed for the purpose, and may give orders regarding the approval and execution of all by-laws, promissory notes, covenants, agreements, transfers, conveyances, mortgages, pledges, hypothecations, tax applications, or transmissions.

Borrowing in contravention of order.

535

Where a municipality the program of which is under supervision borrows or applies any money in contravention of an order or direction in writing made by the minister or the board under this Division, or under The Municipal Board Act, the members of the council who voted for the borrowing or misapplication are jointly and severally liable to restore the amounts so borrowed or misapplied; and the liability may, with the consent of the minister, be enforced by action by the municipality, or by any ratepayer, or by any person holding any debenture or other security, or any creditor of the municipality.

Saving clause.

536

The members of the council, officers, and officials of a municipality, the affairs of which are under supervision, except as in this Division or in regulations made thereunder expressly otherwise provided, remain and are subject to this Act, The Municipal Board Act, and any other Act of the Legislature.

Payment of expenses.

537(1)

The minister or the board, if appointed to supervise the officers of a municipality, may require that the expenses incurred in the performance of duties under this Division be paid wholly or in part by the municipality under supervision.

Amount of expenses in estimates.

537(2)

The amount of any such expenses, including the remuneration of a supervisor or assistants appointed by the minister or the board, as the case may be, shall be set up in the estimates of the municipality each year.

Amount to be raised.

538

The minister or the board, if appointed to supervise the affairs of a municipality, may order that the amount to be raised annually for municipal purposes by a municipality the affairs of which are under supervision may, for any year or years, exceed the limits imposed by this Act; and, notwithstanding any provision of The Municipal Assessment Act, may order a new assessment to be made of the whole of the municipality or of any ward or other part thereof.

Subdivision II

ADMINISTRATION

Appointment of administrator.

539(1)

Where the Lieutenant Governor in Council has reason to believe that a municipality is in serious financial difficulty, and deems it in the best interest of the municipality, and of the ratepayers and creditors thereof, that the affairs of the municipality be administered by an independent administrator, he may, by order in council,

(a) place the affairs of the municipality under administration; and

(b) appoint a fit and proper person to be, and to act as, administrator of the affairs of the municipality.

Notice in Gazette.

539(2)

From and after the date of publication in The Manitoba Gazette of a copy of the order, the appointment of the administrator is effective, and the then existing council of the municipality shall be deemed to be retired from office, and is not thereafter qualified to act for, or on behalf of, the municipality, or to exercise any of the functions, powers, or authority, vested in councils by this Act or any other Act of the Legislature; and all officers and servants of the municipality are subject to dismissal by the administrator.

Powers of administrator.

540

The administrator, subject to this Division, has all the powers and authority of the council of a municipality duly constituted and acting under legislative authority, and is subject to all the restrictions and responsibilities attached thereto.

Administrator may demand books.

541(1)

The administrator of a municipality may demand and receive from the respective proper officers of the municipality all moneys, securities, evidences of title, books, assessment rolls, tax rolls, by-laws, papers, and documents belonging to, or relating to the affairs of, the municipality, that are in the possession or control of any of them.

Offence and penalty.

541(2)

Any person who refuses, or omits, fails, or neglects, to comply forthwith with any demand of the administrator that he is authorized to make, is guilty of an offence and is liable to a fine of not more than $100. or to imprisonment for a term not exceeding three months, or to both.

Administrator to give guarantee.

542

The administrator shall, before entering upon his duties, be bonded by the minister, by guarantee bond of a guarantee company under The Official Securities Act, in such amount as is fixed by the minister, for the due and faithful performance of his duties.

Duty of administrator to consult.

543(1)

In his administration of the affairs of the municipality, and prior to the making of any expenditure or the incurring of any liability on account of the municipality, the administrator shall consult, and be guided by the advice and directions of, the minister or the board.

Advisory committee.

543(2)

The minister or the board may appoint or make provision for the election of a local committee of electors whom the administrator may consult with reference to the affairs of the municipality and may fix the remuneration of the members of the local committee which shall be paid from the funds of the municipality.

References in sections 544 to 551.

543(3)

Any reference in this section and in sections 544 to 551 to "the minister or the board" means the minister or the board, whichever is appointed for the purpose of consultation and advice in the order appointing the administrator.

Disposition of moneys received.

544(1)

All moneys received by the administrator on account of the municipality in any manner, or for any purpose, shall be regularly deposited by him in the joint names of himself and the minister or the board, in such bank or banks as are prescribed by the minister or the board; and no moneys shall be withdrawn therefrom except by cheque, signed by the administrator and also by

(a) the minister; or

(b) a member of the board; or

(c) any person authorized for that purpose by the minister or the board;

as the order appointing the administrator requires.

Cash payments.

544(2)

No payment shall be made in cash by the administrator or otherwise than as provided in this section.

Appointment of necessary officers.

545

The administrator shall appoint all officers necessary for the requirements of the municipality, but only with the approval of the minister or the board, who or which shall fix the amount of the respective salaries to be paid to any such officers.

Power to realize on assets.

546(1)

For the purpose of realizing upon the assets of the municipality, outstanding at the time of his appointment, and including arrears of taxes and other liquid assets, the administrator has all the powers that the council or the tax collector of the municipality previously had; and he shall use all lawful means for collecting the tax arrears and realizing on the other liquid assets.

Application of moneys collected.

546(2)

All moneys collected or realized from any such assets shall be devoted towards the payment of the then existing liabilities of the municipality in such manner, and to such extent, as is determined by the minister or the board.

Tax levies.

547

All taxes for the purposes of the municipality, and for school purposes, shall be made for such amounts as are specified by the minister or the board; and no greater amounts shall be levied or collected for such purposes than those determined by him or it, any statutory provision to the contrary notwithstanding.

Proper books of account

548

The administrator shall keep proper and correct books of account relating to the affairs of the municipality; and the books shall at all times exhibit the true and exact financial condition thereof, and shall, at any time, be open to the examination and inspection of the minister or the board, or of any person by him or it authorized.

Proper record.

549

The administrator shall keep a correct record of all the proceedings had and taken by him, from time to time, relating to the affairs of the municipality.

Monthly statements.

550

At least once every month the administrator shall furnish to the minister or the board statements showing the then financial conditions of the municipality respecting its assets and liabilities.

Approval of administrators by-laws.

551

No by-law passed by the administrator for the purposes of the municipality becomes effective until it is approved by the minister or the board.

Remuneration of administrator.

552

The administrator shall be paid out of the funds of the municipality such amount for his services, in addition to his travelling and other expenses, as the Lieutenant Governor in Council determines.

Restoration of municipal status.

553

Where the Lieutenant Governor in Council considers it advisable to provide that the affairs of the municipality shall again be conducted by a council, he may, by order in council, revoke the appointment of the administrator and make suitable provisions for the election of a new council for the municipality; and he may authorize the minister to require the municipality and its officers to submit annually to the minister or the board, as specified in the order in council, its program for supervision, as provided in the case of a municipality under supervision under this Part.

Subdivision III

RECEIVERSHIP

Disorganization of municipality.

554

Where the Lieutenant Governor in Council has reason to believe that a municipality is insolvent, or is in imminent danger of insolvency, and deems it in the best interests of the municipality and of the ratepayers and creditors thereof that the municipality be disorganized and its affairs wound up, he may disorganize the municipality and appoint a fit and proper person to be, and to act as, receiver thereof.

Disorganization of municipality.

555(1)

From and after the date provided in the order in council made under section 554, the municipality shall be deemed to be disorganized; and the then existing council or administrator and all officers of the municipality are retired from office and are no longer qualified to act for, or on behalf of, the municipality, or to exercise any of the functions, powers, and authority, vested in councils, administrators, and officers, by this Act or by any other Act of the Legislature.

Publication in Gazette.

555(2)

A copy of the order in council shall be published in The Manitoba Gazette.

Receiver under control of minister.

556

The person appointed as receiver shall be under the control and direction of the minister, and be guided by him in all things appertaining to the performance of his duties.

Power and authority of receiver.

557(1)

The receiver may demand and receive from the respective proper officers of the municipality or the administrator, if any, respectively, all moneys, securities, a evidences of title, books, assessment rolls, tax rolls, by-laws, papers, and documents, belonging to, or relating to the affairs of, the municipality that are in the possession or control of those persons or any of them.

Offence and penalty.

557(2)

Any officer or administrator who refuses, or omits, fails, or neglects, to comply with a demand of a receiver under subsection (1) is guilty of an offence and is liable to a fine of not more than $100. or to imprisonment for a term not exceeding three months, or to both.

Powers to realize upon assets.

558

The receiver may

(a) realize upon all the assets of the municipality however possessed by it; and

(b) with the approval of the minister, sell the real and personal property and choses in action of the municipality, and execute in the name of, and on behalf of, the municipality all deeds, conveyances, transfers, assignments, tax sale applications, transmission applications, receipts, and other documents, and for that purpose use, where necessary, the seal of the municipality.

To pay over moneys collected.

559

All moneys received by the receiver shall be paid over to, or as directed by, the minister, without deductions or abatement, accompanied by statements giving full particulars regarding the amounts and sources of those receipts.

Bond.

560

The receiver shall, before entering upon his duties, be bonded by the minister for the due and faithful performance of those duties, by guarantee bond of a guarantee company under The Official Securities Act, for such amount as is fixed by the minister.

Application of moneys.

561

The minister shall apply all moneys received by him under section 559 in payment of the liabilities of the municipality as far as circumstances permit, after paying the costs and expenses incidental to the receivership, including the remuneration of the receiver; and he shall distribute those moneys in the following order of priority:

(a) In payment of all salaries to officers of the municipality, up to the time of the disorganization thereof.

(b) In payment of amounts owing by the municipality to the Crown and to the several school districts, school areas, or school divisions.

(c) In payment of the other just debts of the municipality, rateably and without preference or priority.

Remuneration of receiver.

562

The receiver shall be paid, out of the funds of the municipality, such amount for his services, in addition to his travelling and other expenses, as is fixed by the Lieutenant Governor in Council.

Distribution of assets for school purposes.

563(1)

The Lieutenant Governor in Council may order the receiver of a disorganized municipality to assign, transfer, and set over, all or any portion of the assets of the disorganized municipality to the respective school districts, school areas, or school divisions included in the municipality, or to a trustee therefor, in the manner provided in the order in council, in settlement of all claims of the respective school districts, school areas, or school divisions against the municipality.

Authority.

563(2)

An order in council made under subsection (1) is the authority of the receiver of the disorganized municipality to, and he shall pursuant thereto, assign, transfer, and set over the assets of the disorganized municipality in accordance with its provisions.

Reorganization of disorganized municipality.

564

No municipality disorganized under this Part shall be reorganized except by Act of the Legislature.

Subdivision IV

REGULATIONS

Regulations.

565

For the purpose of carrying out the provisions of this Division according to their intent, the Lieutenant Governor in Council may make such regulations as are ancillary thereto and are not inconsistent therewith; and every regulation made under, and in accordance with the authority granted by, this section has the force of law.

PART IX

MUNICIPAL ESTIMATES, EXPENDITURES AND TAXES

DIVISION I

ESTIMATES

Provisional estimates.

566(1)

Forthwith after December 1 in each year, the council of each municipality shall, subject to subsection 567(4), make provisional estimates, (hereafter called "the provisional estimates"), of all amounts required for the lawful purposes of the municipality, whether operating expenditures or capital expenditures, for that part of the next following fiscal year prior to the adoption of the annual estimates of the municipality for the year as provided in section 567.

Adoption of provisional estimates.

566(2)

On or before January 15 in each fiscal year, the council of each municipality shall, subject to subsection 567(4), by resolution, adopt the provisional estimates.

No disbursements.

566(3)

Until the provisional estimates are adopted as provided herein, the council of a municipality shall not authorize or approve the disbursement of any moneys of the municipality.

Amendment of provisional estimates.

566(4)

The provisional estimates of a municipality, after being adopted as provided herein, may be amended or altered by a resolution of the council until the time of the adoption of the annual estimates of the municipality, as provided in section 567.

Expenditures not provided for prohibited.

566(5)

Until the time of the adoption of the annual estimates of a municipality as provided in section 567, no expenditure from the funds of the municipality shall be made unless provision therefor is made in the provisional estimates of the municipality.

Annual estimates.

567(1)

The council of each municipality shall, in each year, make estimates, (hereinafter called "the annual estimates"),

(a) of all amounts required for the lawful purposes of the municipality for operating expenditures for that year, including, without restricting the generality of the foregoing, all amounts required to pay the debts of the municipality, whether of principal or interest, becoming due and payable during that year;

(b) of all amounts that it will require to raise or expend in that year for capital purposes;

(c) of all amounts that, under this Act or any other Act of the Legislature, it is required to raise by the levying of taxes;

(d) subject to section 570, of the amount of any operating deficit incurred in the last previous year; and

(e) of the amount required to defray the cost of collection of taxes and the abatement and losses which may occur in the collection of taxes, whether municipal taxes, school taxes, or other taxes, making due allowance for taxes unpaid on lands purchased by the municipality at tax sale and deemed by the council to be uncollectable.

Manner and form of estimates.

567(2)

The annual estimates shall be made in the manner, and in the form, prescribed by the minister.

Inclusion of items in provisional estimates.

567(3)

The annual estimates shall include all amounts for which provision is made in the provisional estimates, as they may be amended or altered under subsection 566(4).

Adoption of annual estimates.

567(4)

The council of each municipality shall, by resolution, adopt the annual estimates on or before April 15 in each year; but if the council adopts the annual estimates for any year before January 15 of that year, it is not required to make and adopt provisional estimates for that year.

Capital expenditure program.

568(1)

The council of each municipality shall, in each year, in addition to the annual estimates for capital purposes made under clause 567(1)(b), prepare a capital expenditure program (hereinafter called "the program"), for the five years next following that year; and the program shall show

(a) priorities in the proposed capital expenditure set out in the program; and

(b) estimates of the proposed source, and details of the proposed application, of funds required to implement the program;

for each year covered by the program.

Manner and form of program.

568(2)

The program shall be prepared in the manner, and in the form, prescribed by the minister.

Adoption of program.

568(3)

The council of each municipality shall, by resolution, adopt the program on or before April 15 in each year.

Copies of program to director.

568(4)

Forthwith after the adoption of the program, the clerk of the municipality shall forward two copies of the resolution and the program to the Director of Municipal Advisory and Financial Services (hereinafter in this Part called "the director") for whose appointment provision is made in section 602.

DIVISION II

EXPENDITURES

Source of capital expenditures.

569

All amounts expended by a municipality for capital purposes shall be paid from

(a) moneys raised by borrowing; or

(b) moneys transferred from reserve funds established under section 574 or 575; or

(c) moneys raised as operating revenue.

Limitation on operating expenditures.

570(1)

Subject as in this section provided, the operating expenditures of a municipality for any year shall not exceed the operating revenues of the municipality for that year.

Approval of operating deficit.

570(2)

Where the council of a municipality proposes to incur an operating deficit in any year by authorizing or making expenditures in excess of operating revenues for that year, it shall not incur that operating deficit unless it has first obtained

(a) the written approval of the minister; or

(b) where the municipality is under the supervision of, or administration by, the board, the written approval of the board.

Order for levy of additional taxes.

570(3)

Where a municipality has an operating deficit, the minister or the board, as the case may be, may, by written order, require the municipality to levy taxes for the operating deficit over such number of years, not exceeding three, as the minister or the board may deem expedient.

Conditions.

570(4)

The minister or the board may, in the order, impose such further or other conditions or restrictions as he or it deems advisable; and the municipality shall comply with the order including any conditions or restrictions therein contained.

Excess expenditure on certain utilities.

570(5)

The total expenditures of a municipality in any year required

(a) in respect of the operating expenditures, during that year, for any public utility, as in The Public Utilities Board Act, but including also a sewage collection and disposal system, and an airport owned or operated by the municipality; and

(b) to pay the indebtedness of the municipality in respect of anything to which reference is made in clause (a), including principal and interest, becoming due and payable during that year;

shall not exceed the gross revenues derived, during that year, from

(c) the operation of the system; and

(d) any other source, the revenues from which, as provided in the annual estimates for that year, are to be applied for the purposes of the system;

unless, on application by the municipality, The Public Utilities Board authorizes that excess expenditure.

Authorization of Public Utilities Board.

570(6)

Where The Public Utilities Board authorizes excess expenditure under subsection (5), it may, by written order, require the municipality to provide for that excess expenditure

(a) by levying taxes over such period as that board may deem expedient; or

(b) in any other manner that that board may deem expedient;

and subsection (4) applies to the case, with such modifications as the circumstances require.

Property liable for taxes.

570(7)

Where The Public Utilities Board orders the levying of taxes under clause (6)(a), it shall, in its order, describe the property in respect of which the taxes shall be levied.

DIVISION III

TAXES

Subdivision I

LEVYING

Levy of annual taxes.

571(1)

The council of each municipality, in each year, forthwith after

(a) the annual estimates of the municipality for the year have been adopted; and

(b) the assessment roll for the year comes into force;

shall give first reading to one or more by-laws, levying a tax or taxes of that number of mills on each dollar of the assessed value of the property in the municipality that the council deems sufficient to raise the amounts required by the annual estimates to be raised.

Schedules to by-law.

571(2)

The annual estimates and the resolution under subsection 567(4) shall be attached as schedules to, and form part of, any bylaw passed under subsection (1).

Copies for director.

571(3)

Forthwith after first reading of a bylaw under subsection (1), the clerk of the municipality shall forward two copies of the by-law to the director.

Notice as to deficiency in by-law.

571(4)

Where, in the opinion of the director, the by-law

(a) contains any provision that is contrary to, or is not in accord with, any provision of this Act;

or

(b) is deficient in any matter of form;

he shall forthwith notify the municipality respecting those provisions or deficiencies; and the council shall correct the by-law in respect of those matters before giving second reading thereto.

Final passing of by-law.

571(5)

On or before June 15 in each year the council shall pass each by-law to which reference is made in subsection (1).

Deficiency in estimates.

572(1)

Where the amount appropriated in the estimates for any purpose falls short of requirements, the deficiency may be made up by transfer from the balance of any unexpended appropriation.

Appropriation of excess.

572(2)

Where any portion of the amount in excess of requirements has been levied by way of a special tax upon any particular locality, the amount in excess on account of that special tax shall be appropriated to the special local object.

Unexpended balances.

572(3)

Subject to subsection (2) where, at the end of the fiscal year, there remains any unexpended balance of the estimates, that balance shall form part of the general fund of the municipality.

Subdivision II

SPECIAL CHARGES AND TAXES

Lien on land.

573(1)

The following amounts are a lien upon land:

(a) every amount authorized by this Act to be charged against any land;

(b) the amount payable under any special tax levied against that land;

(c) the amount payable under any sewer or water tax levied against that land; and

(d) the amount of all rents and charges for

(i) sewers or water, or sewer or water connections, supplied to, or

(ii) work or services done or performed in respect of, that land;

and shall be added by by-law, to the taxes shown on the tax roll to be charged and levied against the land and collected in the same manner in which ordinary taxes upon the land are collectable, and with the like remedies.

Unaccrued taxes not encumbrances.

573(2)

Unaccrued instalments of special taxes shall be deemed not to be an encumbrance as between vendor and purchaser.

Subdivision III

RESERVE FUND

Creation of reserve fund.

574(1)

Subject to the approval of the minister, the council of a municipality may pass by-laws for creating a reserve fund for any purpose within the powers or duties conferred or charged on it under this Act or any other Act of the Legislature.

Sources of reserve fund.

574(2)

A reserve fund may be created or augmented

(a) from surplus moneys of the municipality not presently required; or

(b) by moneys raised by a special tax, over and above the current requirements of the municipality, levied for such term of years as the minister approves,

(i) at such a rate as the minister approves and as is specified in a by-law, or

(ii) to raise such amount as the minister approves, and as is specified in a by-law.

Augmentation of reserve fund.

574(3)

The amount of a reserve fund may be augmented by the transfer to the fund of any moneys mentioned in clause (2)(a), on the authority of a resolution of the council; and such a resolution does not require to be approved by the minister.

Changes in by-law required.

574(4)

Upon the application for approval of a by-law under subsection (1), the minister may require the municipality to vary the by-law, or include such provisions or conditions as he considers the circumstances warrant.

Special account for reserve fund.

574(5)

Every municipality shall keep, both in its books and in the bank, a separate account designating the purpose for which the reserve fund was created, and showing at all times the state of any reserve fund created under this section; and, if the reserve fund or any portion thereof is invested, the securities therefor shall be earmarked and kept separate from other securities of the municipality.

Expenditures from reserve fund.

574(6)

No portion of any reserve fund, or any accretions thereto, shall be disbursed or expended for any purpose unless the approval

(a) of the minister ; or

(b) in cases to which section 464 applies, of the board;

to the disbursement or expenditure has been first obtained; and the minister or the board may impose such conditions or restrictions as he or it may consider advisable; and the municipality shall comply with any such conditions or restrictions.

Expenditure of reserve for other purposes.

574(7)

With the approval of the minister, the municipality may expend moneys from a reserve fund for purposes other than those for which the reserve fund was established.

Approval of minister to repeal of by-law.

574(8)

The council of a municipality shall not repeal or amend a by-law passed under subsection (1) unless it has obtained the approval of the minister to the repeal.

Unincorp, village dist. exempt.

574(9)

A by-law under subsection (1) may provide that the special tax levied pursuant thereto shall not be levied in the area of an unincorporated village district if the reserve is created for the purpose of rendering a service to which clause 591(a) refers including the acquisition of equipment to perform that service.

Unincorp, village dist. to pay.

574(10)

A by-law under subsection (1) may provide that the special tax levied pursuant thereto shall be levied only in the area of the unincorporated village district if the reserve fund is created for the purpose of rendering a service to which clause 591(b) refers, including the acquisition of equipment to perform that service.

Pooling of reserve funds.

574(11)

Where a municipality has two or more reserve funds, the reserve funds may be pooled in a common fund for the purpose of investment but the accounts of the municipality shall clearly show the amount of the common fund allocated to each reserve fund and the income from the common fund shall be allocated pro rata among the several reserve funds.

Meaning of "works".

575(1)

In this section, "works" means all the undertaking, plant, buildings, machinery, engines, dynamos, boilers, pumps, hydrants, valves, conduits, pipes, wires, poles, towers, lagoons, and other appliances, structures, or things, employed or used in the manufacture, generation distribution, or supply, of electric power, steam, gas, or water, or in telephone service, or in the collection, removal, or disposal of sewage.

Reserve fund for works.

575(2)

Subject to the approval of The Public Utilities Board, the council of a municipality may pass by-laws for

(a) creating a reserve fund for the purpose of any works owned and operated by the municipality; and

(b) transferring to any reserve fund created under clause (a), in each year during such term of years as is approved by The Public Utilities Board,

(i) any surplus moneys over and above the current requirements for the work in that year; or

(ii) moneys accumulated by the municipality for such a reserve fund by the inclusion for that purpose, at the direction of that board, in the annual operating budget established in respect of the works, of an equivalent amount as an item of expense;

or both.

Requirement of changes in by-law.

575(3)

Upon the application for approval, The Public Utilities Board may require the municipality to vary a by-law, or to include therein such provisions or conditions as, in its opinion, the circumstances warrant.

Special account for utilities reserve fund.

575(4)

Every municipality shall keep, both in its books and in the bank, a separate account designating the purpose for which any such reserve fund was created, and showing, at all times, the state of any such reserve fund; and, if the reserve fund or any portion thereof is invested, the securities therefor shall be earmarked and kept separate from other securities of the municipality.

Expenditures from utilities reserve fund.

575(5)

No portion of any reserve fund established under subsection (2), or any accretions thereto, shall be disbursed or expended for any purpose unless the approval of The Public Utilities Board to the disbursement or expenditure has been first obtained; and The Public Utilities Board may impose such conditions or restrictions as it may consider advisable; and the municipality shall comply with any such conditions or restrictions.

Approval of repeal of by-law.

575(6)

The council of a municipality shall not repeal a by-law passed under subsection (2) unless it has obtained the approval of The Public Utilities Board to the repeal.

Subdivision IV

AMUSEMENT TAX

Definitions.

576(1)

In this subdivision

"admission price" includes

(a) the fee or charge paid by or collected from a person for entrance to a place of amusement,

(b) where entrance to a place of amusement is allowed on the basis of a season ticket or annual ticket, the fee or charge paid by or collected from the purchaser of the season ticket or annual ticket,

(c) the rental price for a toboggan on toboggan slides open to the public,

(d) the fee or charge paid or collected for a ride on a riding device or amusement ride,

(e) the fee or charge paid or collected for participation in a game at a midway, carnival or circus,

(f) the fee or charge paid or collected as a rental price for skates at an ice rink or for roller skates at a roller skating facility open to the public,

(g) any fee or charge which, although not charged for entrance to a place of amusement, is charged for the right to sit or use any particular seat, or box or stand in the place of amusement or for any privilege or right to use or sit in any particular place of amusement not given to a person who does not pay the fee or charge, and

(h) where a person is allowed entrance by means of a complimentary pass or ticket to a place of amusement for the entrance to which a fee or charge is paid by or collected from other persons, the fee or charge paid by or collected from a person who has paid the fee or charge and has the same or similar rights and privileges in the place of amusement as the person allowed entrance by means of the complimentary pass or ticket; ("prix d'entrée")

"amusement" means any contest, dance, entertainment, exhibition, game, performance, program, riding device or amusement ride, or show; ("divertissement")

"owner" means any person who operates, conducts or manages an amusement or place of amusement, and includes the employee, manager, lessee, transferee or partner of an owner; ("propriétaire")

"place of amusement" means any building, land, place, premises, room or tent where an amusement is given, held, played or takes place, and, without restricting the generality of the foregoing, includes

(a) a theatre, opera house, moving picture theatre, travelling picture show, open air theatre, amusement hall, music hall or concert hall,

(b) a dance hall, dance pavilion, hotel, restaurant or cafe in which facilities are supplied and used for public dancing,

(c) a circus, menagerie, midway, carnival show, grandstand, race track, or race course,

(d) grounds, fields, buildings and facilities used for athletic or sporting games, contests or other activities, and

(e) amusement parks in which riding devices or amusement rides are provided and places where toboggan slides are provided open to the public; ("lieu de divertissement")

"tax" means a tax imposed under a by-law passed under this subdivision. ("taxe")

Application to Winnipeg.

576(2)

This subdivision applies to The City of Winnipeg.

By-law for amusement tax.

576(3)

The council of a municipality may pass by-laws imposing a tax upon persons attending places of amusement or any class of places of amusement, and the tax may be

(a) a fixed amount in respect of each attendance at the place of amusement; or

(b) calculated as a percentage of the admission price charged to the person attending the place of amusement; or

(c) varied amounts dependent on the amount of the admission price; or

(d) any combination of a fixed amount or percentage or varied amounts as mentioned in clauses (a), (b) and (c) respectively.

By-law respecting collection of tax.

576(4)

The council of a municipality that has passed a by-law under this subdivision may, by bylaw,

(a) exempt certain classes of persons, or persons attending certain amusements, or places of amusement, or certain classes of amusement or certain classes of places of amusement, from paying the tax, or a part of the tax;

(b) require the owners of places of amusement to collect the tax on behalf of the municipality and remit it to the municipality;

(c) require owners of places of amusement to account for tax collected and produce books, records and statements to verify the number of persons attending the place of amusement, the admission price paid by each person attending and the amount of tax collected;

(d) authorize the payment of remuneration, by commission or otherwise, to the owners or places of amusement for collecting and remitting the tax, and providing for the time and manner of paying the remuneration;

(e) providing for the time and manner of remission of tax collected on behalf of the municipality;

(f) provide for the manner of collection and requiring the owners to comply with any provisions relating to the manner of collection of the tax;

(g) authorize inspectors or police constables to enter places of amusement to ascertain whether by-laws under this subdivision are being observed;

(h) authorize auditors to enter and audit the books, records and accounts of owners of places of amusement for the purpose of ascertaining the amount of tax collected and remitted;

(i) requiring owners of places of amusement to make returns showing information necessary for the proper administration of by-laws passed under this subdivision; and

(j) authorizing the municipality to enter into agreements with the owners of a place of amusement for payment by the owner of a sum or sums in lieu of collecting and remitting tax from persons attending the place of amusement and exempting persons attending the place of amusement from payment of tax during the period covered by the agreement.

DIVISION IV

UNINCORPORATED VILLAGE DISTRICTS

Subdivision I

FORMATION

Requirements for formation.

577(1)

Where there is a locality situated in one or more rural municipalities, and the locality

(a) is subdivided into lots for residential or business purposes; or partly so subdivided and partly unsubdivided;

(b) has a population of not fewer than 250 persons;

(c) contains residences of the inhabitants that, in the opinion of the minister certified by him in writing, are sufficiently close together to form an unincorporated village district; and

(d) has an assessment on the assessment rolls of the municipality or municipalities not less, in aggregate, than $200,000.;

upon the petition of a majority of the electors of the locality, the council of the municipality, or the councils of each of the municipalities, in which any part of the proposed district is situated shall, as herein provided, form the locality into an unincorporated village district.

Form and contents of petition.

577(2)

A petition to which reference is made in subsection (1), and the signatures thereto, shall

(a) be verified by the statutory declaration of a person having knowledge of the facts;

(b) state the name, limits and area of the locality that it is proposed should be formed as an unincorporated village district; and

(c) be filed, before November 1 in the year in which it is filed, with the clerk of the municipality or with the clerk of each of the municipalities in which any part of the locality is situated.

By-laws for formation.

577(3)

On receipt of a petition under subsection (1), the council of the municipality, or the council of each of the municipalities, in which the whole or any part of the locality described in the petition lies shall pass a by-law consenting to the inclusion in an unincorporated village district of the locality, or that part thereof that lies in the municipality, as the case may be; and the by-law shall describe the area to which it refers.

Copies of by-laws for minister.

577(4)

Upon a by-law under subsection (3) being passed by the council of a municipality the clerk thereof shall forthwith send a certified copy of the by-law to the minister.

Notice of formation.

577(5)

Where the minister receives from the clerk of the municipality, or the clerk of each of the municipalities, in which the whole or any part of the locality described in the petition lies, a certified copy of a by-law passed under subsection (3), if

(a) in the case of by-laws passed by the councils of two or more municipalities, each of the bylaws is to the same effect with no material variation, except as to the area described; and

(b) the area described in the by-law, or the total of the areas described in all of the by-laws, as the case may be, is the same as the area of the locality described in the petition;

the minister shall cause a notice to be published in one issue of The Manitoba Gazette, stating that the locality to which the petition refers, describing it and the boundaries thereof in the notice, is formed into an unincorporated village district to which this Division refers; and that the formation thereof is effective on such date as is stated in the notice.

Effective date of formation.

577(6)

On and after the date fixed in a notice published under subsection (5), the locality described in the notice shall be deemed to be an unincorporated village district to which this Division applies, notwithstanding any variation between any by-laws passed under subsection (3).

Title to property.

577(7)

Title to any real or personal property acquired under this Division for the purposes of an unincorporated village district is, and remains,

(a) in the case of real property, vested in the municipality in which it lies; and

(b) in the case of personal property, vested in the municipality, or jointly in all the municipalities, in which the whole or any part of the district lies;

but with the consent of the council of the municipality, or the councils of all of those municipalities the committee of the district may have possession and use thereof, and may operate and maintain it.

Subdivision II

ELECTION AND TERM OF OFFICE OF COMMITTEE

Size of committee.

578

After the date on which the formation of the unincorporated village district is effective, the council of the municipality, or the council of each of the municipalities, in which the whole or any part of the unincorporated village district is situated, shall, by by-law, determine the size of the committee to be either three persons or five persons.

Procedures.

579(1)

Divisions 2 and 3 of Part II of this Act, and The Local Authorities Election Act, apply to the procedures for the nomination and election of members of the committee.

Returning officer.

579(2)

The returning officer for the election of members of a committee of an unincorporated village district,

(a) where the unincorporated village district is situated entirely in one municipality, shall be the returning officer of that municipality; and

(b) where the unincorporated village district is situated in two or more municipalities, shall be the returning officer of the municipality in which more residents of the unincorporated village district reside than reside in any other municipality.

Filling committee membership.

580

Where at an election for members of the committee of an unincorporated village district, not enough persons are nominated to fill the membership of the committee, the council of the municipality in which the unincorporated village district is situated shall appoint sufficient number of residents of the unincorporated village district as members of the committee to complete the full membership of the committee.

Subdivision III

MEETINGS OF THE COMMITTEE

Meetings of the committee.

581(1)

The committee shall hold such meetings, as are necessary to transact the business of the district.

Chairman.

581(2)

The committee shall, by resolution, appoint one of their number to be chairman; and the person so appointed shall be the inspector of the district.

Secretary.

581(3)

The committee shall, by resolution appoint a secretary, who shall record in the minutes of the committee all proceedings at the meetings thereof.

Treasurer.

582(1)

The committee shall, by resolution, appoint a treasurer who shall keep accounts of the receipts and expenditures of the committee.

Secretary-treasurer.

582(2)

The person appointed secretary may also be appointed treasurer; and where the offices of the secretary and the treasurer are combined the person shall be known as the secretary-treasurer.

Municipal treasurer as treasurer.

582(3)

At the request of the committee, the council of the municipality may agree that the treasurer of the municipality shall also be the treasurer of the committee.

Duties of officers of committee.

583

The committee shall also, by resolution, prescribe the other duties of the secretary, secretary-treasurer and treasurer and fix his or their term of office and his or their remuneration.

Subdivision IV

REMUNERATION OF MEMBERS OF COMMITTEE

Limitation on indemnities.

584(1)

Except as provided in this Division, no member of a committee of an unincorporated village district is entitled to any payment, mileage, or indemnity.

Indemnity for attending meetings.

584(2)

Subject to subsection (5) and if so authorized by resolution of the committee, each member of a committee of an unincorporated village district is entitled to be paid as an indemnity an amount payable from the funds of the unincorporated village district, for each meeting of the committee that he actually attends.

Payment of expenses.

584(3)

If a resolution of the committee of the unincorporated village district so provides, each member of the committee may be paid an amount per hour, payable from the funds of the district, for each hour spent by him, under authority previously given by resolution of the committee, in the performance of such duties, work, or services as he is required or authorized, under the resolution, to perform.

Rates of indemnities.

584(4)

The rates of the indemnities mentioned in subsections (2) and (3) shall be fixed

(a) where the unincorporated village district is wholly included in one municipality, by a by-law of the council of that municipality; and

(b) where the unincorporated village district lies partly in two or more municipalities, by an agreement made between those municipalities, approved by a by-law of the council of each of them;

and if the several councils cannot agree, the rates shall be determined by the minister.

Application of subsec. 111(5).

584(5)

Subsection 111(5) applies with such modifications as the circumstances require to a bylaw to which subsection (4) applies.

When payable.

584(6)

The amounts mentioned in subsections (3) and (4) are not payable unless an account, showing the work or services performed, verified by statutory declaration, is filed with the secretary of the unincorporated village district, and payment thereof is authorized by resolution of the committee.

Subdivision V

POWERS OF COMMITTEE

Limitation of powers of committee.

585(1)

The committee of an unincorporated village district has only the powers and authority for which provision is specifically made in this Division.

Powers of committee.

585(2)

The committee may

(a) construct sidewalks and culverts and make and improve, drain, and repair, the highways in the district;

(b) water, oil, or treat, any highway in the district for the suppression of dust;

(c) cut the grass and weeds or trim the trees or shrubbery on any highway in the district;

(d) remove the snow, ice, dirt, or other obstructions from any highway or sidewalk in the district;

(e) manage, control, regulate, and maintain, public parks or other public grounds' in the district;

(f) manage, control, regulate, and maintain, any building, statue, bridge, or monument, voluntarily erected in the district as a public memorial and the grounds connected therewith;

(g) maintain, manage, control, and regulate

(i) a police department; and

(ii) a fire department;

(h) provide for

(i) street lighting;

(ii) the collection, removal, and disposal of garbage and night soil; and

(iii) the cleaning out, management, control and regulation of wells and other sources of water supply;

(i) make and. enforce regulations respecting buildings for protection against fire.

Subdivision VI

DISTRICT ESTIMATES

Fiscal year.

586

The fiscal year of an unincorporated village district begins on January 1 in each year and ends on December 31 of that year.

Limitation on borrowing.

587

Except as in this Division provided, the committee of an unincorporated village district shall not in any year borrow moneys for

(a) current operational expenses of the district; or

(b) capital expenditures for the district.

Estimates of district.

588(1)

The committee of each unincorporated village district shall, forthwith after January 1 in each year, make estimates

(a) of all amounts required for the lawful purposes of the district for operating expenditures for that year in respect of those matters to which subsection 585(2) applies;

(b) of the amount to be raised by a tax imposed on the taxable land in the district; and

(c) of the rate of the tax to be imposed for that year.

Form of estimates.

588(2)

The estimates shall be made in the manner and in the form prescribed by the minister.

Filing of copies of estimates.

588(3)

The secretary of the committee shall forthwith file two copies of the estimates with the clerk of each municipality in which any part of the district is situated.

Placing estimates before councils.

588(4)

The clerk of each municipality shall place the estimates before the council thereof at its next meeting.

Approval of estimates.

588(5)

Where the estimates of a committee of an unincorporated district are placed before the council of a municipality, the council may return the estimates to the committee for the purpose of correcting errors or providing for deficiencies and upon any errors being corrected and deficiencies being remedied, the council of each municipality in which any part of the district lies shall, by resolution

(a) approve the estimates; and

(b) approve the imposition of a tax for that year for the purpose of the district as herein provided.

Petition for capital program.

589(1)

Where a majority of the electors of an unincorporated village district petition the committee to prepare a capital program to be undertaken, and charged against the district, for any of the purposes to which clauses 585(2)(a), (b), (g) and (h) apply, the committee shall forthwith prepare such a program and lay the program and the petition before the council of each municipality in which any part of the district is situated.

Disposal of petition.

589(2)

The council of each municipality may

(a) approve the capital program as presented;

(b) require the committee to alter or amend the capital program; or

(c) reject the capital program.

Unanimous approval required.

589(3)

Neither the committee of the district, nor any municipality in which any part of the district lies, shall proceed to implement the capital program unless the council of the municipality, or the council of each of those municipalities has approved the program.

Financing of capital program.

589(4)

Where the program is so approved, the council of the municipality, or the council of each of the municipalities in which any part of the district lies may, by by-law, acquire, for the municipality and the use and benefit of the district, such real and personal property as is required to implement the program; and may

(a) subject to Part VIII, borrow the moneys necessary for the purpose and issue debentures therefor; or

(b) advance the moneys necessary for the purpose from the funds of the municipality;

and the council shall, by the same or another bylaw, levy a special tax on the taxable land in the district based on the assessed value of that land,

(c) to meet the principal and interest payments if a debt is created under clause (a); or

(d) to replace the funds of the municipality and any interest thereon if the moneys are advanced as provided in clause (b).

Delivery to director.

590

The clerk of the municipality shall forward to the director

(a) a copy of the annual estimates of the district; and

(b) a copy of the approved capital program, if any, to which subsection 589(2) refers;

together with the annual estimates of the municipality as herein provided, and also the program to which subsection 568(4) applies.

Subdivision VII

TAXES OF DISTRICT

Levying of taxes.

591

A rural municipality within which any part of an unincorporated village district is situated

(a) shall not levy in any year, in the area of the unincorporated village district, any taxes imposed in the rest of the municipality to provide for any of the services that the committee of the unincorporated village district is empowered to provide and is providing under section 585;

(b) shall levy in each year, in the area of the unincorporated village district

(i) all other controllable and uncontrollable levies imposed on the rest of the municipality;

(ii) the levies applicable to the area of the district to raise the amounts required by the estimates of the committee thereof;

(iii) any special taxes applicable to the area of the district;

(iv) any special taxes imposed to implement the capital program of the district as provided in section 589; and

(v) any special taxes applicable to the area of the district to raise the amounts required for reserve funds for purposes of the unincorporated village district as established by by-law of the municipality pursuant to subsection 574(10).

Subdivision VIII

RECEIPTS AND DEPOSITS OF DISTRICT

Municipal advance to committee.

592(1)

In order to provide the committee of an unincorporated village district with the funds necessary to carry on its operations during the first year after its formation, a municipality may authorize the advance to the committee of such amounts as it considers necessary for the carrying out of the operations of the committee.

Repayment.

592(2)

The amounts so advanced are repayable to the municipality out of the first tax thereafter levied for the district.

Payment to the committee in first year.

592(3)

The municipality shall, on or before December 31 next following the levying of the first tax, pay to the committee all that has been collected of the amount levied less the amount advanced under subsection (1), and thereafter shall pay over to it the remainder of the amount as and when collected.

Payment of amounts raised by levies.

592(4)

The municipality may pay over to the district the amount levied for the purposes of the district in each year as and when the levies of the district are collected.

Deposit of funds.

593

The chairman or treasurer of the committee of each unincorporated village district shall, forthwith deposit all moneys of the district, received on behalf of the district and on hand, in a bank to the credit of the district, in an account kept in the name of the district.

Subdivision IX

EXPENDITURES

Authorized expenditures.

594(1)

The committee of an unincorporated village district may only expend the funds of the district for the purposes authorized in this Division.

Authorization of payments.

594(2)

The moneys of a district shall be paid out only upon authorization of the committee by its resolution.

Manner of payments.

594(3)

The moneys of a district shall be expended only by cheque signed by the treasurer of the committee, and countersigned by the chairman or by such other member of the committee as may be authorized, by a resolution of the committee, to countersign the cheques of the district.

Maximum operating expenditure.

595(1)

Subject as in this Division provided, the operating expenditures of a district for any year shall not exceed the amount provided therefor in the annual estimates of the district as approved for that year under section 588.

Approval of excess expenditures.

595(2)

Where the committee of an unincorporated village district proposes to authorize or make, in any year, expenditures in excess of the amount provided in the annual estimates for that year, it shall not do so unless it has first obtained the approval of the council of each municipality in which any part of the district is situated by a resolution thereof.

Order to levy taxes.

595(3)

In a case to which subsection (2) applies the council or councils may order the district to levy taxes for the additional expenditure so authorized over such number of years, not exceeding three, as the council or councils may deem expedient and the committee shall comply with the order.

Subdivision X

RETURNS

Annual return to council.

596(1)

The committee of each unincorporated village district shall, immediately after December 31 in each year, file with each municipality in which any part of the district is situated a full and complete statement of the receipts and expenditures made by it, under the authority of this Division, for the year ending on that December 31; and the statement shall be verified by the statutory declarations of two members of the committee.

Effect of failure to make return.

596(2)

Where the committee fails to comply with subsection (1), the municipality shall not pay any further moneys to the committee until the statement has been filed.

Production of statement to auditor.

596(3)

On demand by the municipal auditor, the clerk of each municipality shall produce to him the statement to which subsection (1) applies, for inspection in connection with his annual audit.

Subdivision XI

CONTRACTS BY COMMITTEE

Contracts by committee.

597

The chairman and secretary of the committee of an unincorporated village district, if authorized by a resolution passed by the committee, or any two members of the committee, if so authorized, may, as trustees for the inhabitants of the district but subject to The Municipal Council Conflict of Interest Act, enter into contracts, on behalf of the district and the inhabitants thereof, for the performance of work that, under this Division, the committee is authorized to do or have done; and neither the secretary nor any member of the committee incurs any personal liability under any contract so lawfully made; but the funds of the district are chargeable with any amount properly payable under any such lawful contract.

Subdivision XII

LIABILITY OF DISTRICT

Failure to repair roads and bridges.

598(1)

Where an action is brought against a rural municipality, or a claim for damages is made, by a person who claims to have sustained damages by reason of the default of the committee of an unincorporated village district that lies wholly or partly within that municipality, in keeping in repair a highway within the district, and judgment is given against the municipality, or the action is settled or the claim adjusted, the municipality has a remedy therefor over and against the district, and may levy on the whole of the taxable property of the district that is in the municipality in the same manner, and at the same time, as the municipal taxes are levied, a special tax for the amount of the damages and costs that are recovered against, or agreed to be paid and are paid by, the municipality.

Levy of tax for damages.

598(2)

Where the amount of the damages and costs exceed $500., a tax shall be levied therefor, with interest from the date of payment of the damage, on so much as annually remains unpaid, in five equal annual instalments.

Notice of claim to district.

598(3)

Notice of all such actions or claims shall be given by the municipality to the secretary of the committee, which may be represented in every such action brought to trial; and no such action or claim shall be settled or adjusted by the municipality without the consent in writing of the committee or a majority of the members thereof.

Failure to give notice.

598(4)

The failure of the municipality to give such a notice, or obtain such a consent, exempts the district from any liability to the municipality arising from the action or settlement.

No liability for outside highways.

598(5)

Where the default in keeping in repair a highway in the municipality, but not in the unincorporated village district, is that of the municipality, the district is not liable for, or required to contribute towards, any liability of the municipality arising therefrom.

Subdivision XIII

DISORGANIZATION OR ALTERATION OF AREA AND BOUNDARIES

By-law disorganizing district.

599(1)

The council of each municipality in which the whole or any part of an unincorporated village district lies, upon receiving a petition for the purpose signed by a majority of the electors of the district, may pass a by-law consenting to the disorganization of the district.

By-law altering area of district.

599(2)

The council of each municipality in which the whole or any part of an unincorporated village district lies, upon receiving a certified copy of a resolution of the committee of the district for the purpose, and a petition for the purpose signed by a majority of the electors

(a) of the district; and

(b) where such is the case, of an area proposed to be added to the district;

shall pass a by-law, consenting to the alteration of the area and boundaries of the district by adding thereto, or removing therefrom, any lands described in the petition and in the resolution.

Copy of by-law for minister.

599(3)

Upon a by-law under subsection (1) or (2) being passed by the council of a municipality, the clerk thereof shall forthwith send a certified copy thereof to the minister.

Minister to publish notice.

599(4)

Where the minister receives from the clerk of the municipality, or the clerk of each of the municipalities, in which the whole or any part of an unincorporated village district lies, a certified copy of a by-law passed by the council thereof as provided in subsection (3), and each of the by-laws is to the same effect, with no material variation, the minister shall cause a notice to be published in The Manitoba Gazette stating that, effective on such date as is stated in the notice,

(a) the unincorporated village district, (describing it), is disorganized; or

(b) the area and boundaries of the unincorporated village district are altered as stated in the notice by adding thereto, or removing therefrom, the lands described in the notice.

Effective date.

599(5)

On the date fixed in a notice published under subsection (4),

(a) the unincorporated village district described in the notice is disorganized; or

(b) the area and boundaries of that unincorporated village district are altered as described in the notice.

Limitation on number of petitions.

599(6)

During any period of 12 months not more than one petition or resolution under subsection (1) or (2) shall be delivered to, or accepted by, the council.

Time for delivery of petitions.

599(7)

No petition or resolution under subsection (1) or (2) shall be delivered to, or accepted by, the council or by the clerk or any other person on behalf of the council, after November 1 in any year.

End of Part IX.

PART X

MUNICIPAL AUDITS

Definitions.

600

In this Part,

"auditor" means a person appointed under this Part to audit the books and accounts of a municipality; (" vérificateur")

"chartered accountant" means a person who is a member in good standing of The Institute of Chartered Accountants of Manitoba established under The Chartered Accountants Act, and is entitled to practise in the province as a chartered accountant. ("comptable agrée")

Part not applicable to Brandon.

601

This Part does not apply to The City of Brandon.

DIVISION I

APPOINTMENT, DUTIES, AND POWERS OF DIRECTOR AND AUDITORS

Subdivision I

DIRECTOR

Appointment.

602(1)

A suitable person, who, in the opinion of the minister, is qualified to be the director of that branch of the Department of Municipal Affairs designated and recognized by the minister as The Municipal Advisory and Financial Services (and who shall be known as "Director of Municipal Advisory and Financial Services"), together with such assistants and clerks as are necessary to carry out this Part, may be appointed as provided in The Civil Service Act.

Book-keeping system.

602(2)

The director shall

(a) prescribe the manner in which the auditor shall prepare the statements and schedules which accompany the report required under section 605; and

(b) prescribe the number and form of books of account to be kept and the system of bookkeeping to be adopted and maintained by all treasurers or by the treasurers of any class of municipality.

Furnishing information to director.

602(3)

The auditor and the treasurer of each municipality shall furnish to the director such information, returns, statements, and reports, as he may require.

Meetings of auditors.

602(4)

The director shall cause meetings of auditors for the consideration of accounting and auditing procedures to be held.

Further reports.

602(5)

The auditor of each municipality shall make for the director such further examinations and reports as he may require.

Treasurer and auditor to comply.

602(6)

The treasurer and the auditor of each municipality shall comply with all matters and things prescribed by, and all the requirements of, the director under this section.

Subdivision II

AUDITORS

Appointment of auditors.

603(1)

The Lieutenant Governor in Council may appoint such suitable and qualified persons as auditors as he deems necessary for the purpose of carrying out the duties of auditors imposed under this Act.

Remuneration of auditors.

603(2)

The Lieutenant Governor in Council shall fix the remuneration of the auditors and that of the assistant auditors; and that remuneration, together with expenses incurred by them in auditing the accounts of any municipality, shall be paid by that municipality.

Qualifications of auditors.

603(3)

In determining whether a person is qualified to be appointed as an auditor, the Lieutenant Governor in Council shall have regard to

(a) his education;

(b) his training in accounting and auditing;

(c) his practical experience in auditing;

and no person shall be appointed as an auditor if he is not a member in good standing of an incorporated body of accountants in Canada which requires of its members, and has power to enforce, a high standard of professional conduct.

Appointment of partnership.

603(4)

A firm of accountants who are partners may be appointed as an auditor if each of the members of the partnership possesses, in the opinion of the minister, the qualifications for appointment as an auditor having regard to the matters set out in subsection (3).

Assignment of auditors.

603(5)

Each year the minister shall assign to each municipality an auditor appointed under subsection (1); and a certificate of the assignment of an auditor purporting to be under the hand of the minister is sufficient evidence, in any prosecution under this Part, of the due appointment and assignment of the auditor under this Part.

Annual audit.

604(1)

The auditor of each municipality shall annually make an examination of the financial affairs, books, accounts, records, and transactions of, or that are related to the affairs of,

(a) the municipality;

(b) the parks and recreation board, if any, established by the municipality by the adoption of Division II of Part VI, or otherwise established;

(c) any committee appointed by the council and that administers municipal funds, or funds that are held in trust by any officer or employee of the municipality;

(d) any organization or body

(i) to which the municipality has made a grant of money; and

(ii) on which the municipality is represented by one or more persons appointed by the council for that purpose; and

(e) any unincorporated village district situated within the boundaries of the municipality.

Method of audit.

604(2)

An examination made as required under subsection (1) shall be in accordance with generally accepted auditing practices, and shall include a general review of the adequacy of the accounting procedures and system of internal control employed to preserve and protect the assets.

Audit of certain organizations.

604(3)

Where a person qualified to be appointed an auditor of a municipality under section 603 has audited the financial affairs, books, accounts, records, and transactions for any year of an organization or body to which clause (l)(b), (c) or (d) applies, and the director, after examination of the audit report of that person, deems that it is not necessary for the auditor to whom reference is made in subsection (1) to make the examination prescribed in that subsection, he shall accept the audit report and make a notation to that effect thereon or in a document attached thereto; and thereupon the auditor is not required to make for that year the examination or such parts thereof as the director may indicate.

Several muns. making grants.

604(4)

Where, in any year, two or more municipalities have made grants of money to an organization or body to which clause (l)(d) applies, the director may require the auditor of one of those municipalities to make, for that year, the examination prescribed under subsection (1) in respect of that organization or body; and thereupon the auditors of the other municipalities that have made such grants are not required to make that examination for that year.

Report of auditor.

605

Within such period following the end of the fiscal year of each municipality as is fixed by the minister, the auditor shall make a report to the council of the municipality on the financial statements as at the close of the fiscal year examined by him and the report shall be prepared in accordance with generally accepted auditing standards as recognized by the Canadian Institute of Chartered Accountants and shall include a statement by the auditor on the scope of his examination and his opinion as to whether the financial statements present fairly the financial position of the municipality as at the end of the fiscal year and the results of its operations for that fiscal year.

Supplementary report of auditor.

606

The auditor shall submit to the council of the municipality a supplementary report on his examination which shall include

(a) a statement as to whether in his opinion the accounting procedure or systems of control employed by the municipality are adequate to preserve and protect its assets;

(b) a statement as to whether the funds of the municipality have, to the best of his knowledge and belief, been paid and disbursed only under authority granted by an Act of the Legislature or under authority of a resolution or by-law of the municipality made under the authority of an Act of the Legislature;

(c) a statement as to whether any irregularity or discrepancy in the administration of the affairs of the municipality by the council came to his notice in the course of his examination;

(d) a statement as to whether in his opinion there are any other matters which should be brought to the attention of the council or the minister; and

(e) any recommendations he thinks necessary regarding the proper performance of duties and the keeping of records by the treasurer or other officers and employees of the municipality.

Report to head of council.

607(1)

The reports of the auditor of a municipality to which reference is made in sections 605 and 606 shall be delivered to the head of the council of the municipality by personal service or by registered mail.

Head to place report before council.

607(2)

The head of the municipality shall place each report of the auditor before the council at the next regular meeting following receipt thereof.

Delivery of copies.

607(3)

The auditor shall furnish one copy of each report to the minister and to such other persons as may be designated by the director.

Report to boards.

607(4)

The auditor shall also report to the chairman or other head of any board, committee, organization, or body mentioned in subsection 604(1) the financial affairs, books, accounts, records, and transactions of, or related to, which he has examined, respecting his examination of those affairs, books, accounts, records and transactions; and the fee of the auditor, including out-of-pocket expenses, if any, for any such examination shall be determined in accordance with the scale of remuneration fixed under subsection 603(2), and shall be paid by or from the funds set aside for the board, committee, organization, or body concerned as the case may be.

Report open to inspection.

608(1)

The treasurer of each municipality shall keep on file in his office all reports of the auditor, together with the related financial statements; and any person may inspect them at all reasonable hours, and may, by himself or his agent, at his own expense, make a copy thereof or extracts therefrom.

Publication of report.

608(2)

Immediately upon receipt of the annual financial report of the auditor, the head of the council of each municipality shall

(a) cause to be published

(i) copies of that financial report together with copies of the related financial statements; or

(ii) copies of that financial report together with a notice that the related financial statements are on file in the office of the municipality and are available for inspection by any person or his agent, at all reasonable hours, and that any person or his agent, at his own expense, may make a copy thereof or extracts therefrom; or

(iii) a notice that that financial report, together with the related financial statements, have been deposited in the office of the treasurer of the municipality and are available for inspection by any person or his agent, at all reasonable hours, and that any person or his agent, at his own expense, may make a copy thereof or extracts therefrom; or

(b) cause to be prepared sufficient copies of that financial report, and mail a copy thereof to each ratepayer of the municipality, together with a notice that the related financial statements are on file in the office of the municipality and are available for inspection by any person or his agent at all reasonable hours, and that any person or his agent, at his own expense, may make a copy thereof or extracts therefrom.

Revenue officer's accounts.

609(1)

The auditor, at the time of making his examination of the financial affairs, books, accounts, records, and transactions of a municipality, shall make an examination of the books, accounts, records, and transactions maintained or carried on by any employee of the municipality

(a) in respect of his duties as a revenue officer of the government as defined in The Financial Administration Act; or

(b) who is accountable for any funds received by him from fines and costs imposed by any magistrate or justice having jurisdiction in the municipality;

and the examination shall be conducted according to the requirements of the Provincial Auditor.

Production of books.

609(2)

Every employee, magistrate, or justice to whom reference is made in subsection (1) shall produce to the auditor for the purpose the books, accounts, and records relating to the receipt of any money in payment of fines or costs.

Report of auditor.

609(3)

The auditor shall report on each examination made under subsection (1) to the minister of the Crown, if any, concerned and to the chairman or other head of any board or commission concerned, and also to the municipality, if it is concerned, and to the Provincial Auditor.

Payment of auditor.

609(4)

The fee of the auditor, including out-of-pocket expenses, for any such examination shall be determined in accordance with the scale of remuneration fixed by the Lieutenant Governor in Council under subsection 603(2) and shall be paid by the government or by the board or commission concerned.

Action by minister.

610

Where an auditor reports that the condition of affairs of any municipality is such as warrants summary action by the council thereof, with respect to the matters to which reference is made in the report, if no action satisfactory to the minister is taken by the council, the minister shall dispose of the matter in the manner that, in his opinion, is best calculated to protect and further the interests of the municipality; and, for that purpose he may, if he deems it desirable, dismiss from office any treasurer or other officer of the municipality; and the municipality shall forthwith appoint another person in place of the person dismissed.

Right of access by auditor.

611

The auditor of a municipality has a right of access at all times to all books, accounts, records, documents, cash, and securities of the municipality and to any other evidence relating to the affairs or transactions of the municipality or of any of its offices, branches, divisions, or committees, or of any funds administered or held in trust by its officers or employees in their capacity as municipal officers or employees; and he is entitled to require, and to receive, from the treasurer or other officers and employees of the municipality or from any member of its council, or from any person employed in or under any office, branch, division, or committee thereof, such information and explanations as he may require.

Banks to furnish information.

612(1)

Any bank or agency of a bank, carrying on business in the province, shall, at any time upon the request of the director or of any auditor, state to him the balance or condition of the accounts of any municipality to which the auditor has been assigned that has an account with it, together with any other information as to the accounts of the municipality or its dealings with the bank or agency, that is required.

Officials to furnish information.

612(2)

Every minister of the Crown administering a department of the government, every district registrar of a land titles office, and every officer of a court shall, upon request of the director or of any auditor, state to him the balance or condition of the accounts of any municipality to which the auditor has been assigned and that has an account with that department, office, or court, and shall furnish him with any other information that is required as to the accounts of the municipality or its dealings with the department, office, or court.

Report to head of municipality.

613(1)

Where any person refuses or fails to comply with any provision of section 611 or hinders or refuses to permit or assist an auditor in the exercise of his rights thereunder, the auditor shall forthwith report the circumstances to the head of the municipality, who shall suspend that person from his duties and shall forthwith appoint a suitable person to assume charge of the assets, books, accounts, records, and documents of the municipality that are in the custody of the person suspended.

Suspension by minister.

613(2)

Where the head of a municipality refuses or fails to comply with subsection (1), the auditor shall immediately notify the minister of the failure; and the minister may suspend the person so refusing or failing to comply with section 611 or hindering or refusing to permit or assist an auditor, and may appoint a suitable person to assume charge of the assets, books, accounts, records, and documents of the municipality that are in the custody of the person suspended.

Offence and penalty.

613(3)

Any person who refuses or fails to comply with any provision of section 611 and who hinders or refuses to permit or assist an auditor in the exercise of his rights thereunder, is guilty of an offence and is liable to a fine of not more than $200.

Attendance of witnesses.

614(1)

Where an audit or examination is being made under this Act, the director or an auditor may require the treasurer or other officer of the municipality, or any other person, to appear before him and give evidence on oath, and for that purpose he has the same power to summon the treasurer, officers, or other persons, to attend as witnesses, to enforce their attendance and to compel them to produce books and documents, and to give evidence, as is possessed by a commissioner appointed under Part V of The Manitoba Evidence Act; and the treasurer and each officer of the municipality shall, as often as required by the director or an auditor, produce all books, accounts, records, and documents required to be kept by him at the office of the municipality for examination and inspection.

Engagement of counsel.

614(2)

In respect of an inquiry made under subsection (1), the director or the auditor may engage counsel at the expense of the municipality.

Councillors to assist.

615

Every member of the council of a municipality shall procure the due observance of this Part, and of any regulations made under section 616, by the council and officers of the municipality; and each of such members shall see that the recommendations of the director or any auditor are duly carried out.

DIVISION II

REGULATIONS

Regulations.

616(1)

For the purpose of carrying out the provisions of this Part according to their intent, the minister 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 minister may make such regulations and orders respecting

(a) the manner in which receipts, moneys, and securities of municipalities shall be kept to preserve and protect the assets of the municipality;

(b) the use of assistants in connection with the making of a municipal audit;

(c) such other matters and things as, in his opinion, are conducive to a thorough and systematic conduct of the affairs of municipalities, or any of them, by the treasurers and officers thereof.

Regulations Act not applicable.

616(2)

The Regulations Act does not apply to a regulation made under subsection (1).

DIVISION III

OFFENCES AND PENALTIES

Offence and penalty.

617

Any treasurer or other officer of a municipality who contravenes or refuses, neglects, fails, or omits to observe or comply with a regulation or order made under section 616 is guilty of an offence and, in addition to any other penalty provided by law, is liable to a fine of not more than $200.

Compliance by council.

618

Where the minister makes a regulation or order under section 616, he shall forthwith send a notice thereof by registered mail to the treasurer of each municipality to which the regulation or order applies; and the council of the municipality shall, within two months after receipt thereof by the treasurer, comply therewith; and any municipality that refuses or neglects so to do is liable to, and shall, pay to the minister on demand by him a penalty of $100. for each month it is in default.

Adoption of its own system.

619

Where a municipality established, to the satisfaction of the minister, that the system adopted and the books in use by the municipality are sufficient and satisfactory, and the auditor so certifies, the adoption of any system required under this Part or under a regulation or order made under section 616 is not compulsory, and the municipality is not liable to the penalty imposed under section 618.

General penalty.

620

Every person who does or refuses, neglects, fails, or omits to do any act in contravention of this Part, is guilty of an offence and, if no other penalty is provided therefor, is liable to a fine of not more than $200., and, in default of payment, to imprisonment for a period not exceeding one month.

PART XI

LOCAL IMPROVEMENTS

DIVISION I

COMMUNITY IMPROVEMENTS

Subdivision I

WORKS AS LOCAL IMPROVEMENT

Local improvements.

621

Any work of the character or description following may be undertaken by any municipality as a local improvement:

(a) The opening, widening, straightening, extending, altering, grading, paving, gravelling, oiling, treating or kerbing of any highway.

(b) The construction of any sidewalk, bridge, culvert, subway, embankment, pier, wharf, or landing on or as part of any highway.

(c) The deepening, dredging, altering, or diverting, of any watercourse or body of water.

(d) The constructing, enlarging, prolonging, and extending, of any drain or of any storm sewer, sanitary sewer, or other common sewer, or of any pipe line or aqueduct for the supply of water, and constructing and making all proper and necessary sewer and water pipe connections therewith in and along any highway or any part thereof, or in and through the lands of private owners.

(e) The establishment and operation of a system for the acquisition and supply of water to the residents of the municipality, or a system of sewage and night soil collection and disposal, or both.

(f) The construction of retaining walls, dykes, or breakwaters along the banks of rivers or the shores of lakes.

(g) The setting apart of a portion or portions of any highway for the purpose of boulevards, and constructing and sodding or seeding such boulevards.

(h) The planting and caring for trees, shrubs, and plants, in and upon any highway.

(i) The establishment of community parks.

(j) The construction of fire walls.

(k) Any other work or activity specified in this Act or any other Act as a work or activity that may be done as a local improvement.

(l) The purchase or expropriation of the necessary land or other property for the effectual performance of the local improvement.

Utilities as local improvement.

622

In addition thereto any work of the character or description following may be undertaken as a local improvement by a municipality, that is to say:

(a) The construction or acquisition of any waterworks, gas works, sewage disposal plant or lagoon or lighting, power, or heating system, the laying, extending, and maintaining, of all mains, conduits and pipes, the erection of all poles and wires, the making of connections with all buildings and premises, and the construction of all such other buildings and works, and the doing of all other things, necessary for the collection, removal, and disposal of sewage, or the supplying of water, gas, electric light, heat, or power for public as well as private use; and also the making of contracts as provided in section 377.

(b) The connection with a system of sewerage, waterworks, gas works, lighting, or power, of any adjoining municipality and the construction of all necessary works in order to make the connection.

(c) The purchase or expropriation of the necessary lands or other property for the effectual performance of a local improvement.

(d) The contracting for, and supplying or furnishing of light, heat, power, telephone service by underground conduit, or water for public use, whether supplied or furnished by the municipality or local improvement district, or by a district, board, commission or other corporation or person.

(e) The construction of fire halls and all necessary works in connection therewith or incidental thereto, including

(i) the purchase and installation of a fire alarm system; and

(ii) the purchase of fire engines and fire apparatus.

Local improvements on railway land.

623(1)

Every municipality may undertake local improvements for the benefit of lands owned, occupied, or used, by a railway company, charge the cost thereof upon the land benefited thereby and levy, by means of a special tax upon the lands benefited, the cost of local improvements under this Part; and nothing herein alters, prejudices, affects, or takes away, the authority or power of any municipality to levy on the real property of any railway company fronting or abutting on any highway, street, road, lane, or place, special taxes for local improvements done in, under, or upon, any such highway, street, road, lane, or place.

Maintenance and reconstruction.

623(2)

Where under section 621 or 622, a municipality is authorized to undertake, as a local improvement, the construction, establishment or operation of any thing, it may also undertake and carry on, as a local improvement, the equipping, maintenance, repair, and reconstruction thereof.

Restrictions as to local improvements.

624

The council of a municipality shall not proceed in any year with the execution and completion of a local improvement unless the amount of the moneys to be borrowed to complete the local improvement is approved by the board.

Subdivision II

INITIATION OF WORK AND PROCEDURE

Initiation of local improvement.

625(1)

Proceedings for the execution and completion of any local improvement by a municipality may be initiated by

(a) a petition addressed to the council thereof asking therefor; or

(b) subject as herein provided, by the council on its own initiative.

Validity of petition.

625(2)

A petition to which clause (1)(a) refers, is not valid unless

(a) it is signed by at least one-half in number of the persons

(i) whose names appear on the latest revised assessment roll of the municipality as owners of the lands to be benefited by the proposed local improvement; or

(ii) who are entered, under section 761, on the current tax roll as owners of such lands;

(b) the value of the land, of which the persons to whom clause (a) refers are the owners, is, according to the latest revised assessment roll, at least half of the value of all the lands to be benefited by the proposed local improvement as shown on that assessment roll;

(c) the petition contains a description of the improvement for which it asks and an estimate of the cost thereof;

(d) the petition and the signatures thereto are verified by the statutory declaration of a person who has knowledge of the facts; and

(e) the petition states the method of taxation which the council is requested to use to repay the moneys borrowed to pay for the local improvement.

Method of taxation.

625(3)

The method of taxation to which reference is made in clause (2)(e) shall be one of those set out in clauses 629(1)(a) to (e).

Discretion of council retained.

625(4)

The council of a municipality that has received a petition to which clause 625(1)(a) applies is not bound to take action as requested in the petition.

Procedure where all sign petition.

625(5)

Where a petition under subsection (1) purports to be signed by all the owners of land to be benefited by the local improvement, the municipality, notwithstanding any other provision herein, may undertake the local improvement without any advertisement or notice to any person that is required herein, if the cost of the local improvement is to be charged entirely against the land to which reference is made in the petition.

Action by council.

626(1)

Where the council of a municipality decides to proceed with the execution of a local improvement, either on receipt of a petition or on its own initiative, it shall

(a) determine

(i) the nature of the proposed local improvement; and

(ii) the estimated cost thereof;

(b) decide which of the methods of taxation set out in subsection 629(1) it intends to apply to raise the amount necessary to repay moneys borrowed for the purpose; and the rate of the taxation to be levied; and

(c) determine the lands against which the cost of the proposed local improvement shall be charged.

Notice of proposal.

626(2)

The council shall then

(a) cause to be published once each week, in two successive weeks, with not more than seven days between each publication, a notice signed by the clerk, stating

(i) that the council has received a petition to which clause 625(1)(a) applies; or

(ii) that the council proposes to proceed, on its own initiative, with the execution and completion of a local improvement; and

(b) cause to be posted up copies of the notice mentioned in clause (a), the posting to be done not later than the first publication of that notice.

Contents of notice.

626(3)

The notice to which clause (2)(a) refers shall

(a) describe the nature of the proposed local improvement, the estimated cost thereof, and the lands against which the cost will be charged;

(b) state that the council proposes to give consideration to a by-law authorizing

(i) the execution of the local improvement; and

(ii) the borrowing of an amount, stated in the notice, to pay the cost thereof;

(c) state the method of taxation to be applied and the rate thereof;

(d) state that the council will sit on a day, and at a place and time, stated in the notice,

(i) to hear any person desiring to make a representation to the council with respect to the proposed local improvement; or

(ii) to consider petitions objecting to the proposed local improvement as provided in clause (f);

or for both those purposes;

(e) state that any person intending to make a representation to the council shall notify the clerk of the municipality, in writing, of his intention, not later than five days before the date to which clause (d) refers, and he shall state in the notice the grounds and nature of the representations to be made; and

(f) state that, instead of making representations to the council as provided in clause (e), persons desiring to object to the proposed local improvement may, not later than five days before the date to which clause (d) refers, jointly or severally, petition the council not to proceed with the execution thereof;

and the day fixed in clause (d) shall not be earlier than 28 days after the first publication of the notice.

Description of lands benefited.

626(4)

The description of the lands to be benefited shall be deemed to be sufficient if it is given generally, and by reference to a plan on file in the office of the clerk of the municipality.

Persons who may appear and be heard.

626(5)

Subject to subsection (6), the persons who may appear or be represented and be heard at a hearing by the council, who may petition the council as provided in clause (3)(f), are only

(a) the persons to whom sub-clauses 625(2)(a)(i) and (ii) apply; and

(b) the persons who are owners of lands fronting or abutting on the highway whereon or wherein the local improvement is to be made or done;

and they may be heard, or petition, in opposition to the execution of the local improvement, and also in opposition to the method in which it is proposed to levy the consequent taxation.

Other persons who may be heard.

626(6)

Where a charge is to be made, and the consequent taxation levied, on lands other than those mentioned in clause 625(2)(a) and in subsection (5), the owners of those other lands may apply to be heard, and be heard, at the hearing in opposition to the method in which it is proposed to levy the taxation.

Notice to railway company.

626(7)

Where any of the lands upon which it is intended to levy the tax are owned by a railway company, the municipality shall, not later than the day on which the first publication of the notice is made under clause (2)(a), cause a copy of the notice to be sent by registered mail to the railway company at its main office in The City of Winnipeg.

No notice of objection filed.

626(8)

Where, five days before the date of the hearing to which clause (3)(d) refers, the clerk of the municipality has not received,

(a) under clause (3)(e), from any person, notice of his intention to appear at the hearing and make representations with respect to the proposed local improvement; or

(b) under clause (3)(f), any petition;

the council, notwithstanding any other provision herein, and without further notice to any person, may

(c) give first reading to a by-law for the purpose of undertaking the local improvement; and

(d) refer the by-law to the board for its authorization

(i) of the undertaking of the local improvement; and

(ii) of the making of an agreement for temporary advances of money and loans for that purpose.

Effect of petition.

626(9)

Where, pursuant to clause (3)(f), a petition is presented to the council, if

(a) the persons signing the petition, constitute a number of persons to whom clause 625(2)(a) applies;

(b) the value of the lands owned by those persons is of an amount to which clause 625(2)(b) applies; and

(c) the petition complies with clause 625(2)(d); the council shall not proceed further with the execution of the proposed local improvement during the next two succeeding years, whether or not a petition therefor is presented under subsection 625(1).

Effect of petition by 300 persons.

626(10)

Where, pursuant to clause (3)(f), a petition of the kind mentioned in that clause is presented to the council, if,

(a) the persons signing the petition are persons to whom sub-clause 625(2)(a)(i) or (ii) applies but do not constitute one-half in number of all such persons;

(b) the petition is signed by at least 300 such persons; and

(c) the petition complies with clause 625(2)(d); the council shall hold a hearing in the manner provided in subsection (11), and shall

(d) decide not to proceed with the undertaking of the local improvement and the passing of a bylaw for that purpose; or

(e) alter

(i) the nature of the proposed local improvement;

(ii) the terms upon which the cost thereof will be defrayed;

(iii) the amount to be borrowed in respect thereof; or

(iv) the method and rate of taxation to be imposed in respect thereof;

and thereafter proceed as herein provided in respect of a case to which subsection (1) applies;

or

(f) give first reading to a by-law to implement the proposed local improvement;

and, where the council proceeds as provided in clause (f), subsections (13) to (23) apply to the case.

Hearing by the council.

626(11)

Where no petition to which subsection (9) or (10) applies is presented to the council, it shall, on the day, and at the place and time, stated in the notice, sit and hear any person desiring to make a representation with respect to the proposed local improvement, on his own behalf or as counsel or agent for any other person.

Action after hearing.

626(12)

After having complied with subsection (11), the council may

(a) decide not to proceed with a by-law for the proposed local improvement;

(b) alter

(i) the nature of the proposed local improvement;

(ii) the terms upon which the cost thereof will be defrayed;

(iii) the amount to be borrowed in respect thereof; or

(iv) the method and rate of taxation to be imposed in respect thereof;

and thereafter proceed as herein provided in respect of a case to which subsection (1) applies;

or

(c) give first reading thereto.

Submission of by-law to the board.

626(13)

Subject to subsection (14), where a proposed by-law has been given first reading, the clerk shall forthwith send to the board such number of copies of the proposed by-law as the board requires, and on behalf of the council shall apply for its approval thereto; and the council shall not proceed further therewith until it has received the approval of the board to the proposed by-law as herein provided.

Copies of petitions etc. to board.

626(14)

Where the by-law, copies of which are sent to the board, is a by-law in respect of which a petition that complies with clause (10)(b) has been presented, the clerk shall so advise the board and send to it, with copies of the by-law, such number of copies of the petition presented under subsection (10) as the board requires together with a request that the board appoint a date and time when, and a place where, objections to the by-law will be heard.

Publication of notice.

626(15)

Forthwith after complying with subsection (14) the clerk of the municipality shall cause to be published once and posted a notice, signed by him, stating

(a) that the council has given first reading to the proposed by-law;

(b) that the proposed by-law has been submitted to the board for its approval; and

(c) that the board has been requested to appoint a time and place for hearing objections to the proposed by-law.

Withdrawal of by-law from board.

626(16)

Where a proposed by-law has been sent to the board under this section and the board has not made an order with respect thereto, the municipality may apply to the board to withdraw the by-law, and the board may grant the application and make an order to that effect.

Time and place for hearing.

626(17)

Unless the proposed by-law has been withdrawn pursuant to an order made under subsection (16) upon receiving the proposed by-law in respect of which a petition that complies with clause (10)(b) has been presented to the council, the board shall appoint a date, time and place for hearing objections to the proposed by-law or any part thereof and shall notify the clerk of the municipality of the date, time and place.

Notice by clerk.

626(18)

Upon receiving notice under subsection (17), the clerk shall cause to be published once each week in two successive weeks a notice signed by the clerk setting out the date, time and place fixed by the board for hearing objections to the proposed by-law or any part thereof and the date of the final notice shall be not later than five days before the date set for the hearings.

Hearing by board.

626(19)

Subject to The Municipal Board Act, on the date, and at the time and place fixed as provided in subsection (17), the board shall sit and hear

(a) any person who has filed a notice of objection to the proposed by-law;

(b) the municipality; and

(c) counsel or an agent on behalf of either of the parties to which clauses (a) and (b) apply.

Order of board.

626(20)

Where the board has received an application under subsection (13), whether or not a hearing has been held as provided in subsection (19), it may refuse the application or require the municipality to vary the application, or may grant the application in whole or in part, or subject to conditions.

Compliance with order of board.

626(21)

On receipt of the order of the board, the council, if the order permits it to proceed with the proposed by-law and it desires to do so, shall proceed as provided in the order and in subsection (22).

Passing of by-law.

626(22)

Where the order of the board authorizes the council to pass the proposed by-law, either as submitted to it or amended as set out in the order, if the council has complied with the order, it may give second and third reading to the by-law.

Changes in council.

626(23)

The council finally passing the by-law need not be composed of the same members as the council which introduced it.

Subdivision III

BY-LAW FOR LOCAL IMPROVEMENT

Determination of cost.

627(1)

The council of a municipality may, before deciding to proceed with the passing of a bylaw for the execution of the local improvement, appoint a suitable person to determine, or take such other measures as it deems desirable to determine,

(a) the cost of the work of executing and completing the local improvement;

(b) what land will be immediately benefited by the local improvement, the cost of which it is proposed to charge against it; and

(c) the proportions and manner in which the charge for the cost thereof should be made on the various portions of the land to be benefited;

and if a person is appointed as aforesaid, he shall report forthwith to the council respecting the matters set out in clauses (a), (b), and (c).

General by-law sufficient.

627(2)

It is not necessary to pass a special bylaw in each instance; but the council may pass a general by-law and thereafter by resolution, in any particular case, appoint such a person, or provide for the taking of such other measures, as provided in subsection (1).

Terms of by-law.

627(3)

On being satisfied as to the matters mentioned in clauses (l)(a), (b) and (c), either by report of a person appointed or otherwise, the council may give first reading to a by-law

(a) for authorizing the execution of the local improvement and determining the probable cost thereof and for effecting any such local improvement with funds provided by persons who desire to have the improvement effected;

(b) for determining what land will be benefited by the local improvement and what portion of the costs thereof is to be raised, whether by a frontage charge, area charge, charge per service connection, or other charge, on the several portions of land to be so benefited or, if so provided by the by-law, on such portions of land and the municipality at large;

(c) for levying, by means of a special tax as provided under subsection 629(1) upon the land benefited or upon that land and the municipality at large, as the case requires, the cost of the local improvement with interest at such rate as the board approves;

(d) for regulating the time or times and manner in which the tax is to be paid; and

(e) for determining the terms on which persons charged for the local improvement may commute

(i) any charge made at a rate established under clause 629(l)(a), (d) or (e) or subsection 629(2), or

(ii) the portion computed at a rate established under clause 629(l)(a) or (d) or subsection 629(2) of any charge made at a rate established under clause 629(l)(e), for the payment of their proportionate shares of the cost thereof in principal amounts.

Commutation of taxes under by-law.

627(4)

Before debentures are issued under a local improvement by-law, the municipality, by by-law of the council, may authorize any person whose lands and property will be subject to a charge as described in clause (3)(e), under the local improvement by-law to commute and pay to the municipality that portion of his proportionate share of the capital expenditure incurred under the by-law that is determined as provided in clause (3)(e); and the municipality may accept payment of the principal amount so paid by that person, and thereafter no taxes in respect of the charges made on a fixed basis as provided in clause (3)(e), shall be levied against the lands or other property of that person.

Commencement of improvements.

627(5)

Local improvements authorized by a by-law must be commenced not later than two years from the date of the final passing of the bylaw.

Powers of board on hearing.

628(1)

Where, the board holds a hearing as provided in subsection 626(19)

(a) it may inquire and determine what lands, if any, other than those mentioned in the notice published under subsection 626(19), are or will be specially benefited by the proposed local improvement;

(b) it may add any lands to which clause (a) refers to the lands to be charged, notwithstanding that the lands may not have been specified in the notice;

(c) it shall cause all persons affected by any addition made under clause (b) to be notified of the time and place when and where the board will hold a hearing and the matter considered; and at which they will be heard, if they so desire;

(d) for the purpose mentioned in clause (c), it may adjourn the hearing;

(e) it may remove from the lands to be charged, any one or more parcels, areas, lots, or groups of lots;

(f) it may increase or reduce the amount to be charged against any one or more parcels, areas, lots, or groups of lots; and

(g) it may change the basis of the rate at which the charge is made, or the method in which the taxation is to be levied, against any one or more parcels of land.

Where further notice to be given.

628(2)

Where the board, by its order,

(a) removes any parcel, area, lot, or group of lots as provided in clause (1)(e); or

(b) increases the amount to be charged as provided in clause (1)(f);

so that the aggregate of the charges against the whole of the lands on which the cost is to be charged is increased, the municipality shall, unless the board otherwise orders, again give notice of the intention to execute the proposed improvement as provided in section 626, and it shall proceed as in that section set out.

Subdivision IV

METHOD OF TAXATION

Special rates of tax.

629(1)

Where a local improvement, whether made along a highway, or not made along a highway, or only partly made along a highway, benefits lands in a part of the municipality only, and the whole or any portion of the cost of the improvement is to be paid by a special tax levied against the lands so benefited, the special tax shall be an annual tax, and it may be levied at

(a) a uniform rate based on the number of lineal feet along the lands, if any, that are fronting or abutting on the highway, that is to say, on a frontage basis; or

(b) a uniform rate, based upon the valuation of the lands benefited, not including the buildings thereon; or

(c) a uniform rate based upon the valuation of the lands benefited, including the buildings thereon; or

(d) a uniform rate based on the acreage of the lands benefited or on the area thereof in square feet; or

(e) a rate that is a combination of any two or more of the rates mentioned in clauses (a) to (d) and subsection (2);

as the by-law may prescribe.

Connection charge for sewer.

629(2)

Where a local improvement in a municipality is or includes the construction and making of sewer or water pipe connections, any special tax levied against lands benefited by the construction or making of sewer or water pipe connections between the street boundary of those lands and the sewer or pipe line or aqueduct may be a uniform rate based on an average cost of constructing or making those connections as determined by the municipality on the basis of the actual or estimated cost of constructing or making those connections.

Lands benefited by highway.

629(3)

Where, in the opening of, or the making of proposed improvements to or in connection with, a highway, the council of a municipality determines that lands other than those fronting or abutting upon the highway, are specially benefited and ought to be charged with part of the cost thereof, it shall determine the proportion in which the cost of the improvement shall be charged against the other lands, and shall charge that proportion against the other lands by levying a tax, in like manner as it is to be charged and a tax levied therefor in the case of lands fronting or abutting upon the highway.

Capital levy in advance.

630

Subject to the approval of the board, the council of any municipality, on behalf of itself or on behalf of a local improvement district formed as provided in Division II of this Part and situated therein, may pass a by-law to make, in respect of the lands in the municipality or upon the lands in the local improvement district, a capital levy for any local improvement, in advance of the passing of a by-law authorizing the issue of debentures to secure the balance of the costs; but the proceeds of any such capital levy shall be credited to a special fund for the purpose for which the money is raised.

Part paid by municipality.

631(1)

Where, in the opinion of the council, any local improvement benefits the municipality at large or generally, and if it would, in its opinion, be inequitable to raise the whole cost thereof by local special taxes, the municipality may

(a) pay out of the general funds of the municipality; or

(b) pay out of the funds of a reserve fund established under section 574 for the purpose of financing local improvements; or

(c) pass a by-law for borrowing money, by the issue of debentures upon the credit of the municipality at large, to pay;

as the share of the municipality at large of the cost of the work or improvement, an amount fixed by by-law.

Electors approval not necessary.

631(2)

A by-law passed under clause (l)(c) does not require the assent of the electors before the final passing thereof.

Taxes to repay amounts paid from funds.

631(3)

Where a municipality makes a payment under clause (l)(a) or (b), the council of the municipality may pass a by-law for levying taxes, over such period as is fixed in the by-law, to raise the amounts necessary to repay to the general funds, or to the reserve fund, the amounts to be paid therefrom.

Taxes to repay amounts borrowed.

631(4)

Where a municipality borrows money by the issue of debentures under a by-law passed under clause (l)(c), the council shall pass a by-law for levying taxes, over such period as is fixed in the by-law, to raise the amounts necessary to repay the moneys secured by the debentures so issued.

Taxes deemed for local improvements.

631(5)

Taxes levied as provided under subsections (3) and (4) shall be deemed to be special taxes for a local improvement as provided in this Part.

Rate of tax to be levied.

631(6)

Where, in the case to which subsection (1) applies, council deems it necessary to levy a special tax, the tax shall be levied at one of the rates set out in clauses 629(l)(a) to (e).

Progressive benefits.

632(1)

Notwithstanding any other provision of this Act or any provision of any other Act, where

(a) the council of a municipality desires to have a local improvement constructed in the municipality, or in a specified local improvement district within the municipality;

(b) the whole of the lands in the municipality, or in the local improvement district to which clause (a) applies, will ultimately derive benefit from the projected local improvement;

(c) the projected local improvement will, during an initial period fixed by by-law of the council, benefit only a portion of the lands

(i) that are in the municipality, or in the local improvement district to which reference is made in clause (a); and

(ii) that are designated in respect of that period in the by-laws; and

(d) during each of one or more subsequent periods, fixed by a by-law, the projected local improvement will benefit one or more additional portions of the lands

(i) that are in the municipality, or in the local improvement district to which reference is made in clause (a); and

(ii) that are designated in respect of that period in the by-law;

the council may, subject to the approval of the board, and as provided in this Division, borrow moneys, on the security of debentures of the municipality, to pay the cost of the projected local improvement.

Apportionment of cost.

632(2)

Subject to section 667, the cost of the projected local improvement shall be apportioned pro rata, on an area basis, among the lands to which clause (1)(b) applies.

Levy of tax.

632(3)

The council may also, subject to the approval of the board and subject to subsections (4) and (5), levy, to repay the moneys borrowed as provided in subsection (1) and interest thereon, a special tax on the lands to which reference is made in clause (l)(b); and the number of years during which the tax shall be levied on the portion of the lands designated in respect of each period to which reference is made in subsection (1) shall be equal.

Burden during initial period.

632(4)

During the initial period to which reference is made in clause (l)(c), the special tax shall be levied only on the portion of the lands that have been designated in respect of that period as provided in that clause.

Burden during subsequent periods.

632(5)

During the subsequent period, or each of the subsequent periods, to which reference is made in clause (1)(d), the tax shall be levied only on the lands that have been designated in respect of that period or those periods as provided in clauses (l)(c) and (d); but the tax shall not be levied on any lands after the expiration of the number of years mentioned in subsection (3) during which the tax is to be levied on those lands.

Application of proceeds of tax.

632(6)

Subject to subsection (7), during each of the periods to which reference is made in clauses (l)(c) and (d), the municipality shall apply the proceeds of the tax levied under subsection (3) towards payment of the amounts that become due from time to time for principal and interest on the debentures issued under subsection (1); and the municipality shall, from its general funds, pay any balance required to pay in full the principal and interest that becomes due as aforesaid.

Repayment to general fund.

632(7)

Where

(a) during any of the periods to which reference is made in subsection (1), the proceeds of the tax are more than sufficient to meet any amount becoming due on the debentures during that period; and

(b) after the total of the amount secured by the debentures, together with interest thereon, has been fully paid;

the proceeds of the tax shall be applied to repay to the municipality the amounts advanced by it from its general funds as provided in subsection (6).

Extension to parts of municipality.

632(8)

In this section a reference to a municipality or a local improvement district applies to part of a municipality or a local improvement district, where the context or the circumstances of the case so require.

Time within which to be paid.

633

Every local improvement by-law shall provide for the payment of the special charge within the probable life of the local improvement for which the debt has been incurred, as certified by the engineer or other proper officer to be appointed by the council for that purpose.

Property benefited by sewers.

634

Where, in order to afford an outlet for the sewerage and drainage of land, other than that fronting or abutting upon the highway in which a sewer or drain is to be constructed, the sewer or drain is constructed of a larger capacity than that required for the efficient sewerage and drainage of the land so fronting or abutting, the municipality may levy a special tax upon the other land benefited by the construction of the sewer or drain, in the manner provided by this Part.

Part of cost borne at large.

635(1)

Where the improvement is the construction of a common sewer or drain having a sectional area of more than four square feet;

(a) at least one-third of the whole cost thereof shall be borne by the municipality at large; or

(b) if two-thirds of the members of the council vote in favour thereof, the whole cost shall be borne by the lands in the local improvement district in which the improvement is situated;

and the municipality shall also bear the cost of that part of the improvement done or made opposite land that is exempt from special taxation.

Fixed charges for sewers.

635(2)

The council of a municipality may pass a by-law enacting that the special tax for any common sewer or drain in any highway, or section thereof, shall be imposed and paid as provided in subsection (3).

Payments by adjoining owners.

635(3)

Each owner of land situated on each side of the highway, unless otherwise exempt, shall pay to the municipality such amounts as the by-law imposes, for each lineal foot of his land fronting or abutting thereon; and if the charge is paid by special taxes extending over a term of years, interest may be charged at such rate as is approved by the board; and the remaining expense, if any, shall be borne as provided by the by-law, either by the municipality or local improvement district as a whole or by any part or parts thereof that, in the opinion of the council, are specially benefited thereby, or partly by the municipality or district as a whole and partly by the part or parts so specially benefited.

Special tax in cities.

635(4)

Notwithstanding subsection (2), a city may require each owner of land situated on each side of the highway, unless otherwise exempt, to pay to the city such amount as the by-law imposes, not exceeding $8. for each lineal foot of his land fronting or abutting thereon.

Sections not to apply to repair.

636

Nothing in sections 634 and 635 or in subsection 629(2) applies to any work of ordinary repair or maintenance; but all works so constructed shall thereafter be kept in a good and sufficient state of repair at the expense of the municipality; and in case of renewal of construction or replacement of any kind, whether or not the same as the former work, in kind, material, or otherwise, sections 634 and 635 and subsection 629(2) apply to the renewal or replacement as if the work were original construction work.

Exemption from liability.

637

A municipality is not liable for damages caused by the breaking of any service pipe, wire, or other appliance, or for the shutting off of any current, water, steam, or gas, by reason solely of accident to a local improvement or by reason solely of it being considered necessary to repair or replace any local improvement.

Subdivision V

METHOD OF CHARGING IN SPECIAL CASES

Where land subdivided.

638(1)

Where there is

(a) a change of the plan of subdivision; or

(b) a division of the ownership; or

(c) a division into two or more building sites;

of any parcel of land upon or in respect of which, as one such building site, a special tax for a local improvement has been levied, the treasurer, both with respect to arrears and also as to the levying of the special tax in subsequent years, may

(d) apportion against each respective part of the original parcel of land such proportion of the amount originally charged against it as he deems just; or

(e) impose a separate charge against each of the separate building sites into which the original parcel of land has been divided;

and the amounts so apportioned, or the charges so imposed, shall be levied and collected as they had, in the original by-law, been charged against the several building sites into which the original parcel of land has been divided.

Definition of "building site".

638(2)

For the purposes of this section, the expression "building site" means

(a) a lot or area upon which, under the applicable law including lawfully existing building restrictions, not more than

(i) one dwelling house and the outbuildings necessarily or reasonably appurtenant thereto; or

(ii) one building that is not a dwelling house and the outbuildings necessarily or reasonably appurtenant thereto, may be constructed; or

(b) a lot or area

(i) which, at the time any special tax is levied for payment of the cost of a local improvement, is occupied and used as one complete and separate unit; and

(ii) which (as such a unit), and the owner and occupant of which, derive a benefit from the use of the local improvement that is the same in quality as the benefit derived from the use thereof by any other such dwelling house, building, or unit (or the owner and occupant thereof) benefited by, or that makes use of, the local improvement.

Corner pieces of land.

639(1)

The council of any municipality may, by by-law, provide an equitable method of charging, for local improvement, corner lots, triangular or other irregularly shaped pieces of land, lots having end or side frontage on lanes, lots fronting on a river and lots and other pieces of land requiring special consideration, having due regard to the situation, value and superficial area of such lots and pieces of land, as compared with adjoining lots and pieces of land chargeable for the improvement, and may charge the amount of any allowance made on any such lot or piece of land on the other land fronting on the improvement, or assume it as a portion of the share of the municipality or of the share of the local improvement district of the improvement, as the by-law provides; and the provisions of section 626 respecting the publication of notice, hearing by the council, and appeal to the board apply with such modifications as the circumstances require to the by-law.

Lands unfit for building.

639(2)

Where the lands on either side of a highway are, in the opinion of the council, from any cause unfit for building purposes, and the council deems it inequitable to charge them for local improvements at a rate as high as is charged in respect of the building lots fronting on the highway, it shall, in all such cases, determine the portion, if any, of the cost of any such improvement to be borne by the land on each side of the highway in the manner it deems equitable.

Lands on one side of highway exempt.

640

Where the lands on one side of a highway are exempt from taxation, at least one-half of the costs of any local improvement chargeable to the lands abutting the highway shall be borne by the municipality generally.

Branch drains to street line.

641

In ascertaining and determining the cost of draining any locality, or of making and laying or prolonging any common sewer or watermain, the municipality may estimate the cost of the construction of branch sewers or drains or watermains to the street line, and include the cost of the branch sewers, drains, or watermains in making the charge for the sewers, drains, or watermains as a local improvement.

Assessing cost of outlet sewers.

642(1)

The municipality may provide that sewerage system plans be made under the supervision of the engineer, showing the parts of the municipality where sewerage or drainage would find an outlet through any sewer to be constructed; and the plans shall be filed in the office of the engineer.

Average cost spread.

642(2)

In the construction of any sewer intended to afford an outlet for land other than that fronting or abutting on the highway wherein the sewer is placed, the municipality may provide for the computation of the average cost of the sewer's requisite for the land embraced in the sewerage system, and may, in the case of a sewer affording such an outlet, provide from the moneys of the municipality, whether by debentures or otherwise, for such amount, in addition to such amounts as the municipality is to pay as its share, as is intended to be charged on other lands to be benefited when branch sewers are made in the highways on which they front or abut.

Charging for branch sewers.

642(3)

Where a branch sewer is afterwards constructed to empty or drain into an original sewer, directly or through another branch sewer, the municipality may provide for charging against the lands fronting or abutting upon the highway wherein the branch sewer is installed a proportion of the cost of the original sewer furnishing the outlet therefor.

Limit of charge.

642(4)

The total charge upon any land benefited by such a branch sewer, not fronting or abutting on any highway wherein the sewer is constructed, shall not be greater than the average cost, chargeable by special charge, would have been had the branch sewer been constructed at the same time and in connection with, or as a part of, the original or outlet sewer.

Subsequent connections.

643

Where a lot or parcel of land that has not been charged by way of special charge for any part of the cost of a sewer or watermain is afterwards connected therewith, there may be charged against that lot or parcel of land the same amount, for each building site, as defined in section 638, as was charged against the lands actually fronting or abutting on the highway wherein the sewer or watermain was constructed; and

(a) if any part of the cost of the sewer or watermain is unpaid, the amount so charged, when collected, shall be placed to the credit of the appropriate local improvement account, to the extent of any such unpaid balance; and

(b) if, after crediting the required amount under clause (a), a balance of the amount collected remains, or if the cost of the sewer or watermain has been fully paid, that balance or the whole amount collected, as the case may be, shall be placed to the credit of the general funds of the municipality;

and the council may, by by-law, levy a tax on that lot or parcel to collect the amount so charged; but any land so charged is exempt from any special charge in respect of any sewer or watermain that is afterwards constructed in the highway whereon the land fronts or abuts.

Service lands brought within municipality.

644

Where a lot or parcel of land is added to a municipality or a local improvement district and in that new municipality or local improvement district the lot or parcel is serviced by a local improvement for the cost of which no charge by way of special charge has been made against the lot or parcel, there may be charged against the lot or parcel the same charges as were levied against the lots within the municipality or local improvement district that were serviced by the local improvement; and

(a) if any part of the cost of the local improvement is unpaid, the amount so charged, when collected, shall be placed to the credit of the appropriate local improvement account to the extent of any such unpaid balance; and

(b) if, after crediting the required amount under clause (a), a balance of the amount collected remains, or if the cost of the local improvement has been fully paid, that balance or the whole amount collected, as the case may be, shall be placed to the credit of the general funds of the municipality;

and the council may by by-law levy taxes on the lot or parcel to collect the amount so charged.

Private drain connection.

645

Where a municipality is about to construct, renew, or alter the character of, a pavement upon any highway or portion thereof, as a local improvement, it may, before laying down the new pavement, put in all necessary private connections from any existing drains, sewers, watermains, electrical conduits, or other underground utility installations, under the highway or any portion thereof, to the highway boundary line on each side of the installation aforesaid; and it may charge the cost thereof against the particular property benefited thereby as part of its share of the cost of the local improvement.

Crossings to private property.

646

Where the municipality constructs, renews, or alters a pavement, it may make and place all necessary driveway and other approaches and crossings to private properties; and the cost of each shall be added to the amount of the charge against those properties, and collected in the same way as the cost of other local improvements.

Subdivision VI

CHARGES FOR MAINTENANCE OR SERVICE

Payment for use of sewer.

647(1)

Subject to the approval of The Public Utilities Board as to the rent charged as hereinafter provided, the council of any municipality for itself, or on behalf of a local improvement district operating a sewerage system, may pass by-laws for charging persons who own or occupy land that is drained into a common sewer, or that, by any by-law of the municipality, is required to be so drained, with a reasonable rent for the use thereof; and for regulating the time or times and manner in which the rent is to be paid.

Power to fix price.

647(2)

Subject to the approval of The Public Utilities Board as to the price charged as hereinafter provided, the council of any municipality, for itself or on behalf of a local improvement district, may pass by-laws fixing the price that any owner or occupant of land shall pay for using water of the municipality obtained from a water system or from pumps, taps, or pipes, established by the municipality.

Special frontage tax.

648

Subject to the approval of The Public Utilities Board, the council of any municipality, for itself or on behalf of a local improvement district, may, by by-law, levy and collect a special annual tax not exceeding 10¢ per lineal foot on the lands fronting on either side of any highway in which watermains are laid by the municipality, while the system of waterworks established by it does not give a revenue sufficient to meet the cost of maintaining and operating the works.

Borrowing for local improvements.

649

Subject to sections 465 to 467, the council of any municipality may pass by-laws necessary to raise loans and borrow moneys required for any local improvements, on the credit of the municipality at large.

Works of local character.

650

Where a municipality expends money out of its ordinary revenues upon works of a purely local character and specially benefiting a particular area, the municipality may levy annually and collect taxes in respect of the land in the particular area benefited to recover the amount so expended; and the procedures of this part apply in respect of the expenditure of the moneys and the imposition of the levy except that any by-law authorizing the expenditure or the levy is not required to be submitted to, or to receive the authorization of, the board.

Subdivision VII

LOANS AND DEBENTURES

Liability for deficiency.

651

A municipality is liable for, and shall pay to the holders thereof, the whole of the principal and interest as it falls due in respect of debentures issued for local improvements, including not only the share assumed by the municipality, but also the part repayable by moneys raised by special tax.

Levy to pay deficiency.

652

A municipality may levy taxes for the moneys payable, as provided in section 651, against the whole taxable property in the municipality, by a tax at a rate sufficient to pay the total interest and sinking fund, or the total interest and instalments of principal where so payable, or sufficient to pay those amounts less any amount that has been collected from all the land specially taxed for the local improvements.

Form of debentures.

653

A municipality may issue debentures for the payment of the cost of any local improvement, prior to the commencement, during the progress, and after the termination of the work, and subject to section 468, every debenture shall bear on its face the words "Local Improvement Debenture".

Consolidating by-laws.

654(1)

The council of any municipality may, after the passage of several by-laws covering the several amounts required for particular local improvements as therein specified, and without in any way affecting the liens on the lands therein described and to be improved thereby, further pass a collective or cumulative by-law consolidating the several amounts, and issue the required debentures in a general consecutive issue under the consolidated by-law; apportioning, nevertheless, the amount raised thereby, and crediting each service with the amount previously estimated and named therefor under the individual by-law passed in the first instance.

Clause regarding consolidation.

654(2)

The council of a municipality desiring to avail itself of subsection (1) may insert a clause in the individual by-laws stating that the amount of debentures to be issued thereunder is subject to consolidation; and in that case it is sufficient to state in the individual by-laws that the amount of debentures to be issued thereunder, shall be issued within a number of years fixed in the by-law from the date of the authorization of the issue thereof, without fixing a specific date.

Mode of issue of debentures.

655

The debentures issued to pay for that part of a work payable by moneys raised by local taxation may, if the council of the municipality thinks fit, be issued as a series distinct from those required to pay for that part that is to be borne by the general funds of the municipality; or all the debentures required for the work may be issued in one series as " Local Improvement Debentures".

Contents of special taxation by-laws.

656

Every local improvement by-law for the issue of debentures or for the levying of a special tax, shall recite

(a) the amount of the debt that the by-law is intended to create, and, in brief and general terms, the object for which it is to be created;

(b) the total amount required to be raised annually by special tax for paying the debt and interest under the by-law;

(c) the value of the whole land chargeable under the by-law as ascertained and finally determined;

(d) the annual special tax on the dollar, or per foot frontage, or otherwise, as determined, for paying interest and creating a yearly sinking fund for paying the principal of the debt, or for paying instalments of principal, or, if the principal and interest together are payable by instalments, for paying those instalments;

(e) the date of issue and the term of the debentures issued thereunder; and

(f) the amount of the existing debenture debt of the municipality, and how much, if any, of the principal or interest thereof, is in arrear.

Temporary advances and loans.

657

For the purpose of enabling a municipality to avoid the necessity of levying supplementary taxes or refunding, in the case of over-taxation, and of ascertaining the exact cost of any work done or constructed as a local improvement, it may, with the authorization of the board, make agreements with any bank or person for temporary advances and loans until the completion of the improvement, for meeting the cost thereof, and may levy the special tax for the cost thereof after the improvement has been completed, and the council may pass the necessary by-law authorizing the issue of debentures to repay the amount of the temporary loan or advance.

When council may amend by-law.

658

Where a by-law passed under this Part and acted upon by the construction of the work, in whole or in part, does not provide sufficient funds for the completion of the work, or for the redemption of the debentures authorized to be issued thereunder as they become due and payable, the council of the municipality may amend the by-law in order fully to carry out the work; but before the amended by-law is acted upon it shall be authorized by the board.

Subdivision VIII

SPECIAL TAX

Special taxes on lands benefited.

659

A special tax shall be levied each year on the lands described in the by-law to meet the principal and interest required to pay the cost of the local improvement; and, if any of the land benefited belongs to the municipality, the special tax levied upon that property shall be paid out of the funds of the municipality.

Where levy insufficient.

660(1)

Where the amount of the initial charge levied for any local improvement proves insufficient to meet the cost thereof, the municipality shall levy an additional charge, on the lands benefited by the local improvement, of such amount as is estimated to be necessary to meet the cost, and so on until sufficient moneys have been raised to pay for the local improvement.

Disposal of excess.

660(2)

Where, on the completion of a local improvement, the cost thereof has been paid and there remains an unexpended balance of the moneys raised to pay therefor, that balance shall be held and appropriated for the benefit of the lands for the benefit of which the local improvement was constructed.

Special tax not to be remitted.

661

Upon the coming into force of any by-law making or providing a special tax for a local improvement, the municipality shall not remit the whole or any part of the tax; and the tax shall continue to be a charge upon the lands affected thereby until it is fully paid, unless, on application of a ratepayer or the municipality, the board otherwise orders.

Lower rate of interest.

662

No local improvement taxation by-law passed by the council of a municipality is invalid by reason of its providing for a rate of interest upon debentures lower than that, if any, mentioned in the notice of the municipality's intention.

Quashed by-law.

663(1)

Where a debt has been incurred by a municipality for any improvements done or made under this Part, and, after incurring of the debt, the special tax for the improvement, or the by-law providing for borrowing money therefor, is set aside or quashed, either wholly or in part, the municipality may cause a new tax or taxes to be levied; and the council thereof may pass a new by-law, as often as is necessary to provide funds for the payment of the debt incurred.

Report of engineer.

663(2)

Nothing in this section authorizes any tax to be levied, or work or improvement to be undertaken, under this Part, unless

(a) it is initiated and carried out as provided in the preceding sections of this Division, and on the report of the engineer or sanitary officer; and

(b) if the proposed work or improvement is for sanitary or drainage purposes, the engineer or sanitary officer has, in his report, recommended it.

Subdivision IX

PERFORMANCE OF WORK IN SPECIAL CASES

Building of sidewalks by owner.

664

The municipality may permit the owner of land to build or improve the sidewalk in front of his land, under the direction of the council or any officer thereof appointed for that purpose, and according to such plans and regulations as the council prescribes; and in any such case the owner or occupant of the land is exempt from all taxes for improvements of a like nature while he keeps the sidewalk in repair to the satisfaction of the council.

Contract or day labour.

665

Any local improvement may be done or made either by contract or by day labour; and the municipality may purchase all the plant, tools, and materials, and hire any persons, necessary for the completion of the improvement.

Subdivision X

COST OF LOCAL IMPROVEMENT

Meaning of "cost".

666

Any reference to cost in relation to a local improvement includes the cost, not merely of the actual work and labour of making the local improvement, but also of all plant, tools, machinery, appliances, and materials of every kind and description purchased or acquired for the purpose of the local improvement, and also all expenses of taxation, engineering, surveying, advertising, and the issuing of debentures, and all other expenses growing out of, incidental to, or connected with, the carrying out and execution of the work, and also all expenses of raising the money to pay the cost thereof, including discounts and interest.

Subdivision XI

LAND LIABLE TO TAXATION

Land liable to taxation.

667(1)

Subject to subsection (2), the owners of all lands are liable, under this Part, to taxation in respect of the lands.

Exemptions.

667(2)

The owners of the following lands are not liable to taxation under this Part:

(a) Lands belonging to, or held in trust for, the Crown.

(b) Lands held in trust for any tribe or body of Indians.

DIVISION II

LOCAL IMPROVEMENT DISTRICTS APPLICATION AND INTERPRETATION

Application.

668

This Division applies to all municipalities.

Definitions.

669

In this Division

"district" means a local improvement district; ("district")

"local improvement" means any work or improvement that may be done under Division I of this Part as a local improvement. ("amélioration locale")

Subdivision I

FORMATION OF DISTRICT

Petition for formation.

670(1)

Where the owners, or a majority of the owners, of land within the area of a proposed district, whose names appear on the latest revised assessment roll of the municipality as such owners, and also including persons (whose names are entered), under section 761, on the current tax roll (as owners of land), and who represent at least one-half of the value of that land, as shown on the latest revised assessment roll of the municipality, petition the council of the municipality therefor, the council of the municipality may, in its discretion, by by-law, create the lands comprised within the area as a local improvement district.

Verification of petition.

670(2)

The petition and the signatures thereto shall be verified by statutory declaration of a person having knowledge of the facts; and the petition shall contain an accurate description of the lands comprising the proposed district.

Posting of notices.

671(1)

Before passing any by-law under section 670 creating any area into a local improvement district, the municipality shall cause to be posted, for at least one month, in six of the most public places in the area of the proposed district (describing it) a notice signed by the clerk of the municipality, setting forth that the council will, on a date to be specified in the notice, hear, in person or by counsel or agent, all persons who apply to be heard and object to the creation of the area as a local improvement district.

Petition against creation.

671(2)

Where, instead of applying to be heard by the council in objection to the creation of the local improvement district, the persons so objecting request the council by petition not to proceed with the creation thereof, if

(a) the number of those persons and the value of the lands owned by them is such as is set out in clauses 626(9)(a) and (b); and

(b) the petition complies with clause 625(2)(d);

the council shall not create the local improvement district at that time or during the two succeeding years next following the receipt of the petition, or the last of the petitions, whether or not a petition for the creation thereof is presented under section 670.

Action in case of certain petitions.

671(3)

Where in a case to which subsection (2) would otherwise apply, the persons signing the petition and the number of those persons is such as is set out in clauses 626(10)(a) and (b), the council shall hold a hearing as provided in subsection (1), and shall thereafter

(a) decide not to proceed with the creation of the local improvement district and the passing of a by-law for that purpose;

(b) alter the area or boundaries, or both, of the proposed local improvement district;

(c) make such other changes with respect to the proposed local improvement district as to the council seems desirable;

(d) proceed under both clauses (b) and (c); or

(e) give first reading to a by-law creating the local improvement district.

Subsequent proceedings.

671(4)

Where the council proceeds under clause (3)(b), (c) or (d), it shall thereafter proceed again as herein provided in a case to which subsection (1) applies.

Forwarding copies to the board.

671(5)

Where the council proceeds under clause (3)(e), the clerk shall, forthwith, as in a case to which subsections 626(13) and (14) apply, send to the board copies of the proposed by-law and of the petition or petitions mentioned in subsection (3) and, on behalf of the council, apply to the board for its approval of the by-law.

Action of board.

671(6)

In a case to which subsection (5) applies, the board shall consider the application and the material and other evidence, if any, presented to it, and shall, by its order, either direct the council not to pass the by-law or authorize it to pass it; and subsections 626(13) to (23), with such modifications as the circumstances require, apply to the case.

Formation after notice.

672(1)

A municipality may, by by-law of the council and without a petition therefor, create any area described in the by-law as a local improvement district, if, in the opinion of the council, it is desirable to do so on sanitary or other grounds, unless a majority of the owners to whom section 670 refers, petition the council against the formation within four weeks after the first publication of a notice by the municipality in Form 5, or to the like effect.

Manner of publication.

672(2)

The notice shall be published at least once a week for four consecutive weeks with at least seven days between each publication.

Verification of petition.

672(3)

The petition and the signatures thereto shall be verified by the statutory declaration of a person having knowledge of the facts.

Action in case of certain petitions.

672(4)

Where, in a case to which subsection (1) would otherwise apply, the number of persons signing the petition is as set out in subsection 671(3), the council and the clerk shall act as provided in subsections 671(3), (4) and (5), and thereafter subsections 671(3) to (6), with such modifications as the circumstances require, apply to the case.

Publication of notice of formation.

673

The clerk of a municipality in which a local improvement district has been created, whether on petition or on the initiative of the council, shall cause to be published, at the expense of the municipality, in one issue of The Manitoba Gazette, a notice of the establishment thereof; and the notice shall contain an accurate description of the lands affected and the date of the passing of the by-law.

Consolidating and adding to districts.

674(1)

Two or more contiguous local improvement districts may be created into one district, and additional contiguous territory may be added to any district, in the same manner as a district may be formed under this Division.

Number borne by district.

674(2)

Where two or more districts are merged into one, the district so created shall bear the number of the older or oldest district.

Highway between municipalities.

675(1)

For the purpose of this Part, where a highway, or part thereof, lies between two municipalities and each boundary of the highway, or of the part thereof, constitutes the boundary or part of the boundary of one of those municipalities, if the council of one of the municipalities has created a local improvement district, that part of the highway the boundary of which part coincides with the boundary, or part of the boundary, of the district shall be deemed to be within the district.

Agreement for joint use.

675(2)

Where, under subsection (1), a highway or part thereof is deemed to be within a local improvement district and a local improvement has been constructed therein, if that one of the two municipalities that did not create the district desires to obtain the benefit of the local improvement so constructed, it may enter into an agreement for the purpose under clause 4(3)(g) with the municipality that did create the district.

Levy for outside work.

675(3)

Where, in order to give service to lands within a district, sewers, lagoons, pumping stations, sanitary sewers, storm sewers or water lines are constructed or laid outside the boundaries of the district, the cost, or a part thereof, may be levied and charged against the lands benefited in like manner as if the work had been done within the district.

Disestablishment.

676

The board may, by order, disestablish or vary the boundaries of, any local improvement district established under section 670 or 672 upon such terms and conditions as to it seems fit, and it shall publish notice of the disestablishment or variation in boundaries in one issue of the Manitoba Gazette.

Subdivision II

IMPROVEMENTS IN LOCAL IMPROVEMENT DISTRICTS

Local improvements in district.

677

From and after the creation of a district, any local improvement within the district may be initiated and executed as provided in this Part, and the cost thereof may be charged on all the lands in the district, in the proportions provided in the by-law, subject to the assumption, by the municipality as a whole, of any part thereof; and all the provisions of this Part relating to local improvements and the taxes to be levied to pay the cost thereof apply thereto.

Subdivision III

REPAIR OF IMPROVEMENTS

Levies for repairs.

678

Unless the municipality otherwise determines, and except in the case of highways or drains for draining land, all local improvements shall be kept in a good and sufficient state of repair at the expense of the local improvement district in which they have been made; and, to provide the funds for that purpose, the municipality may impose taxation and collect annually, as required, such amounts as are necessary for that purpose; and the rate of taxation shall be based upon a valuation of all land in the district liable to taxation as appears by the latest revised assessment roll of the municipality.

Exception.

679

Section 678 does not apply in the case of a renewal or the reconstruction of a local improvement, whether or not it is different in kind or material from the former local improvement of which it is a renewal or reconstruction.

DIVISION III

MISCELLANEOUS

Subdivision I

MAINTENANCE OF WORK

Works controlled by municipality.

680

A local improvement under clause 621(d) or (e) shall be controlled, maintained, and kept in repair by the municipality in which the work is situated; but in the case of a drain that extends into an adjacent municipality for the purpose of securing an outlet in which the adjacent municipality is not interested, the municipality that constructed the work shall maintain the part that is situated in that adjacent municipality.

Payment of cost.

681

The cost of the control and maintenance of a local improvement to which section 680 applies shall be paid from moneys raised by the levy of a tax under a by-law providing for a special tax for that purpose or to pay off the debentures issued on account of that local improvement.

Subdivision II

PROTECTION OF PROPERTY

Storage of machinery.

682

Each municipality shall provide suitable places for the storage and proper housing of all machinery, tools, and implements purchased under by-laws passed under this Part, and cause them to be properly stored and housed therein when not in use.

Injury to works.

683

Any person who wilfully and intentionally injures any local improvement or work constructed under this Part, or under any similar enactment or enactments in any other Act of the Legislature, is guilty of an offence and is liable to a fine of not more than $50., and, in default of payment, to imprisonment for not more than two months.

DIVISION IV

IMPROVEMENTS FOR INDIVIDUALS

Subdivision I

WATER SUPPLY

By-laws for water supply.

684(1)

The council of any rural municipality may pass by-laws

(a) providing for doing all or a portion of the work to procure a supply of water by excavating or constructing reservoirs, for an owner of land in the municipality who is resident therein, upon his petition; or

(b) ratifying the action of the council authorizing the excavating or constructing of such a reservoir;

and if the cost of the work is not paid for in cash by the owner,

(c) for borrowing moneys, on the credit of the municipality, to pay the cost of the work; and

(d) for charging against the land of the owner benefited thereby, the cost of the work and interest thereon at a rate fixed in the by-law.

Meaning of "owner of land".

684(2)

In subsection (1) the expression "owner of land" means a person

(a) whose name appears on the latest revised assessment roll of the municipality as an owner of land; or

(b) whose name is entered, under section 853, on the current tax roll, as an owner of land in the municipality.

Costs a lien with interest.

684(3)

An amount charged against land under subsection (1) is a lien thereon and may be collected with interest thereon as if it were taxes in arrears; and it shall be paid in not more than five equal consecutive annual instalments together with interest on the balance remaining owing and unpaid from time to time.

Commencement of payment.

684(4)

The first instalment payable under subsection (3) shall become due and payable either during the year the debt is incurred or during the next succeeding year, as the council prescribes.

Authorization of board required.

684(5)

A by-law under clause (l)(c) requires the approval of the board as herein provided.

Subdivision II

SEWER AND WATER CONNECTIONS

Connections required.

685(1)

Any municipality in which there is a sewer system, water system, or a sewer and water system, or extensions thereof, upon the report of the engineer or the health officer recommending it may, with or without the consent of the owner, occupant, or tenant thereof, enter any building on land fronting or abutting on any highway under which there are sewer or watermains, or both, and install the necessary plumbing or other sanitary improvements therein, and connect them with the sewer or watermain or both.

Certificate as to costs.

685(2)

Where action is taken under subsection (1), the engineer or health officer shall make out a certificate stating the number and description of the lot or parcel of land so improved, and the actual cost of the work, and shall file the certificate with the clerk of the municipality.

Collection in instalments.

685(3)

The amount of costs, as so certified, with interest thereon at a rate approved by the board shall be divided into seven equal annual instalments; and one of the instalments shall be added to the taxes on the lot or parcel in the tax roll, each year for a period of seven years, beginning with the roll prepared next after the filing of the certificate, and shall be collected in the same manner as ordinary taxes in arrears.

Debentures.

685(4)

For the purposes of making, constructing, and installing the plumbing or other sanitary improvements and the necessary connections, and paying the interest, the council of the municipality may pass a by-law for the issue of debentures, in amounts of not less than $100. each, which shall

(a) be made payable within a period not exceeding seven years from the dates of the respective issues thereof;

(b) bear interest at such rate as is approved by the board; and

(c) be signed by such officers as are prescribed in the by-law.

Authorization of board required.

685(5)

A by-law under subsection (4) requires the approval of the board as herein provided.

DIVISION V

BUSINESS IMPROVEMENT AREAS

Definitions.

686

In this division

"area" means a business improvement area designated under this division; ("secteur")

"board" means a board of management established under this division for an area. ("commission")

Improvement area designated.

687(1)

The council of a municipality may pass a by-law designating a portion of the municipality as a business improvement area and the by-law shall establish for the area a board of management to which may entrusted, subject to such limitations as the by-law may provide,

(a) the improvement, beautification and maintenance of municipality owned lands, buildings, and structures within the area beyond the improvement, beautification and maintenance provided at the expense of the municipality at large; and

(b) the promotion of the area as a business or shopping area.

Notice of intention.

687(2)

Before passing a by-law designating an area, the council of a municipality shall send a notice of its intention to pass the by-law, by prepaid mail, to every person occupying or using land in the area for the purpose of or in connection with any business and who is shown in the latest revised assessment role of the municipality as being assessed for business assessment.

Petition objecting to by-law.

687(3)

Unless a petition objecting to the passing of the by-law referred to in subsection (1), signed by at least 1/3 of the persons entitled to notice as set out in subsection (2), and representing at least 1/3 of the total business assessment within the area, is received by the clerk within two months after the latest day of the mailing of the notices, the council may pass the by-law but, if such a petition is received by the clerk within that time, the council shall not pass the by-law.

Sufficiency of petition.

687(4)

The sufficiency of a petition described in subsection (3) shall be determined by the clerk and his determination shall be evidenced by his certificate and when so evidenced is final and conclusive.

Board a corporation.

687(5)

A board established under a by-law passed under subsection (1) is a body corporate.

Membership of board.

687(6)

Each board shall consist of such number of members appointed by council as the council considers advisable, at least one of whom shall be a member of the council, and the remaining members shall be individuals assessed for business assessment within the area or nominees of such individuals or of corporations assessed for business assessment within the area.

Term of office.

687(7)

Subject to subsection (8), unless he sooner resigns, dies or ceases to be qualified as a member, each member of a board shall hold office for a term of three years and thereafter until his successor is appointed.

Vacancy.

687(8)

Where a vacancy in the membership of a board occurs from any cause, during the term of the members, the council shall appoint a person qualified as mentioned in subsection (6) to be a member to hold office for the remainder of the unexpired term for which his predecessor was appointed.

Estimates of board.

688(1)

Each board shall submit to the council its estimates of expenditures for each fiscal year at the time and in the form prescribed by the council and may make requisitions upon the council for all sums of money required to carry out its powers and duties but nothing herein divests the council of its authority to reject the estimates of a board in whole or in part or to provide the money for the purposes of the board and when money is so provided by the council the treasurer of the municipality shall, upon the certificate of the board, pay out the money to the board.

Expenditure of moneys.

688(2)

A board shall not expend any moneys except for expenditures included in its estimates of expenditures as approved by council.

Borrowing.

688(3)

Except as herein provided, a board shall not borrow money.

Board to keep within estimates.

688(4)

A board shall not, without prior approval of council given as provided in subsection (5),

(a) make or authorize an expenditure in any year for any purpose in excess of the amount provided for that purpose in its estimates of expenditure for that year as approved by council; or

(b) incur indebtedness in any year for any purpose which is not payable from its estimates of expenditures for that year as approved by council.

Approval of extra estimates by council.

688(5)

Upon request of a board, the council of the municipality may, by resolution, approve

(a) an expenditure in any year for any purpose by the board in excess of the amount provided for that purpose in its estimates for that year as approved by council; or

(b) the incurring of indebtedness in any year for any purpose by the board which is not payable from its estimates of expenditure for that year as approved by the council;

and in that case the council shall require the amounts so approved by way of additional expenditure or the amount required to repay the indebtedness, to be raised in the next year as part of the special charge levied under section 690 in that next year.

Annual report.

689(1)

On or before June 15 in each year, each board shall submit to the council an annual report for the preceding year including an audited financial statement of its affairs.

Auditor.

689(2)

The municipal auditor for the municipality shall be the auditor for any board for an area within the municipality and all books, documents, transactions, minutes and accounts of a board shall be open to the inspection of the auditor at all times.

Special charge.

690(1)

Subject to such maximum and minimum charges as the council may specify by bylaw, the council shall, in each year levy a special charge upon persons assessed for business assessment within the area sufficient to provide a sum equal to the sum of money provided for the purposes of the board for that area, together with interest thereon at such rate as is required to repay any interest payable by the municipality on the whole or any part of such sum, which shall be borne and paid by such persons in the proportion that their business assessment bears to the total business assessment within the area.

Where special benefit derived.

690(2)

Notwithstanding subsection (1), the council may, by by-law provide that the sum required for the purposes mentioned in subsection (1) shall be levied as a special charge upon and shall be borne and paid by persons assessed for business assessment within the area who, in the opinion of the council, derive special benefit from the establishment of the area and the sum chargeable to those persons shall be equitably apportioned among them in accordance with the benefits that, in the opinion of the council, accrue to them from the establishment of the area.

Manner of collection.

690(3)

Any charge imposed on subsection (1) or (2) may be collected in the same manner and with the same remedies as taxes collected upon the basis of business assessment.

Repeal of by-law.

691(1)

A by-law designating an area and establishing a board may be repealed to take effect upon December 31 in the year in which the repealing by-law is passed.

Assets and liabilities.

691(2)

Upon the repeal of a by-law designating an area and establishing a board, the board ceases to exist and its undertakings, assets and liabilities shall be assumed and taken over by the municipality.

Agreements with minister.

692

The minister may enter into an agreement with a municipality or a board for the provision of loans or grants to the municipality on such terms and conditions as may be agreed upon for the purpose of assisting in the improvement, beautification and maintenance of municipally owned lands, buildings and structures in the municipality or any part thereof or in an area.

End of Part XI

PART XII

UTILITIES ELECTRIC LIGHT, POWER, GAS, STEAM WATER, AND SEWAGE SYSTEMS INTERPRETATION

Definition.

693

In this Part "works" includes all the undertaking, plant, buildings, machinery, engines, dynamos, boilers, lines, cables, wires, pipes, conduits, poles, telephones and other appliances or equipment, necessary or convenient, or employed or used in the manufacture or generation, or in the distribution, of electric current or energy, steam, or gas, or in the distribution and supply of water, or in the collection and disposal of sewage, as the context requires, and also the lands upon which the buildings, machinery, appliances, or equipment are situated; and that have been, or are to be, constructed, purchased, or leased by a municipality and that are being, or are to be, maintained and operated by it.

DIVISION I

GENERAL POWERS

Power to acquire utilities.

694(1)

Any municipality, if authorized by bylaw of the council thereof, but subject to section 698, and subject to The Gas Pipe Line Act, The Water Power Act, The Water Rights Act, The Water Supply Districts Act, The Manitoba Water Services Board Act, and The Watershed Conservation Districts Act, may

(a) construct, purchase, or take on lease, and maintain and operate electric light or power works, steam heating works, gas works, or a waterworks or water supply system, or a sewage collection and disposal system or any or all of such works, within the municipality or within five miles of the boundaries thereof;

(b) contract for, and purchase, steam, water, or gas required

(i) to operate any of such works; or

(ii) for sale and distribution directly to residents of the municipality;

(c) equip any of such works with all appliances necessary for the manufacture of steam or gas, and its supply, distribution, and sale to persons for the purposes of heating, lighting, motive power, or any other purpose;

(d) improve and enlarge or extend any of such works;

(e) lease or sell and dispose of any such works acquired or owned by it on such terms as it deems fit.

Operation of existing utilities.

694(2)

Where, on the coming into force of this Division, a municipality owns or operates a system or works for the distribution or generation, or both, of electric power or energy, or through any department or agency offers for sale appliances or fixtures using electric power or energy, it may, notwithstanding any other provision of this Act, continue to do so, and may enter into contracts or arrangements with any person or corporation for the purchase or acquisition of electric power or energy for distribution and resale by the municipality through any department or agency thereof; and this Part applies to any such contracts or operations.

Incidental powers.

694(3)

As incidental to the powers given to a municipality under subsection (1), but subject as provided therein, a municipality may

(a) add to, improve, extend, or enlarge any system, plant or other property whatsoever, whether real or personal, used by the municipality for, or in connection with, any such undertaking;

(b) acquire, construct, improve, install, maintain, operate, and use, within or outside the municipality, all land, roads, buildings, springs, wells, watercourses, reservoirs, artificial lakes, transmission lines, plant, equipment, machinery, apparatus, pipes, wires, and things expedient or necessary or capable of being used for, or in connection with, such an undertaking, or any additions, enlargements, improvements or extensions thereto;

(c) acquire and use water powers, water-power rights, and any patents, inventions, licences and privileges;

(d) deal in any by-products resulting from the carrying-on of any such undertaking;

(e) subject to The Highways Department Act and The Highways Protection Act, use any street or highway within or outside the municipality, for any purpose connected with any such undertaking;

(f) hypothecate, pledge, mortgage, sell, assign or otherwise dispose of any personal property or any patent, licence, right, or privilege;

(g) do all other acts, matters, and things necessary or convenient for the establishing, enlarging, repairing, or carrying on of any such undertaking.

Consent of other municipality.

694(4)

Where a municipality exercises its powers under clause (3)(e), if the street or highway that is used is in another municipality, the municipality first mentioned shall not exercise those powers unless it has first obtained the consent of the council of the municipality in which the street or highway is situated.

Maintaining waterworks service pipes.

695(1)

A municipality shall pay the cost of maintaining the waterworks service pipes from the waterworks mains to the nearest point on the street boundary of the premises served.

Maintaining sewer service pipes.

695(2)

A municipality may pay the cost of maintaining sewer service pipes from the sewer mains to the nearest point on the street boundary of the premises served or may, by by-law require that cost to be paid by the owner of the premises served.

Cost of service pipe to owner of land.

695(3)

The work of laying and keeping in repair the waterworks or sewer service pipe between the street boundary and any building to which that service pipe is required to be taken shall be done by the owner of the building, or the municipality may do the work and charge the cost thereof to the owner; but if the waterworks or sewer service pipe enters a building through a wall (whether of the building or of an area or other structure) that is wholly or partly on the street, the owner of the building is responsible for the laying and maintaining of the service pipe from a point two feet outside the point where it enters the wall.

Connections for sprinkler systems.

695(4)

Notwithstanding subsections (1) and (3), a municipality is not required to pay any of the cost of installing or keeping in repair a waterworks service pipe connected, or intended to be connected, with a sprinkler system, standpipe, or other privately owned apparatus for fire extinguishing purposes, or a waterworks or sewer service pipe to any land or premises where the service is deemed by the council of the municipality as likely to be in use for temporary or seasonal periods only; and the council may pass by-laws prescribing the terms and conditions on which any of the services mentioned in this subsection may be installed, used, or discontinued, or, if heretofore installed, may be used or discontinued.

Enforcement of payment.

695(5)

A municipality has the same right of enforcing payment of the cost, as certified by the engineer, of any work done by it in maintaining, repairing, renewing, or removing any waterworks or sewer service pipe, to which subsection (3) or (4) applies, or any loss, expense or damage incurred or suffered by the municipality arising out of the existence, use, or non-repair of any such service pipe, as it would have for water supplied to the premises to which the service pipe leads.

Limitation on powers.

695(6)

Nothing in subsections (4) and (5) gives to a municipality any powers with respect to the imposition of rentals or other similar charges, which it does not possess on the coming into force of this subsection.

Portion on private lands.

695(7)

The council of a municipality, may, by by-law, provide that the waterworks service pipe, including its fittings, from the street boundary to the point within the building where the consumption of water is measured by the municipality, shall not be interfered with by the owner or occupant of the building, or the tenant or agent of either of them, excepting to make necessary repairs thereto; and if any damage is done to that portion of the waterworks service pipe or its fittings, either by neglect or otherwise, and the owner fails to make the necessary repairs, a municipality, in addition to its other remedies, may repair it and charge the cost to the owner or occupant of the premises.

Work to maintain supply.

695(8)

A municipality may also do any other work on the premises of an owner necessary to maintain safely and efficiently a supply of water thereto and therein, and the removal of sewage therefrom and may charge the cost of the work to the owner.

Enforcement of payment.

695(9)

A municipality has the same right of enforcing payment of the cost of any work done by it under this section as it has in collecting charges for water supplied.

Approval of work.

695(10)

Any work done by the owner as provided in this section shall be done to the satisfaction of the municipal engineer.

Contamination of water.

696

When a person who has pipes connected with the watermains of a municipality has, at the same time, an independent source of water supply communicating therewith, the municipal engineer or municipal health officer may, in case of danger from contamination of the water in the mains of the municipality through such a connection, cut off or stop the supply of water from the mains of the municipality to that person; and the municipality is not liable for damages or other compensation solely by reason thereof.

By-laws and regulations.

697(1)

The council of any municipality may, subject to The Public Utilities Board Act,

(a) by by-law

(i) establish the amounts to be charged for the use of any sewer or for the sale and supply of any electrical energy, gas, steam, water, or other commodity supplied to a consumer or kept available at his premises, or for any telephone service or stand-by or other service supplied, furnished, or rendered by the municipality, and for rental of any meter or other apparatus;

(ii) provide that water supplied to any class of residential buildings may be charged for at a flat rate, or at a charge partly on such a basis and partly on a consumption basis;

(iii) provide that the amounts charged for water or for the use of any sewer, or for sprinklers, stand-by or other services supplied by the municipality shall be due and payable in advance for any month, quarter, or other period, and that, subject to subsequent adjustment, bills for water supplied may be calculated in advance by a designated officer of the municipality on an estimated consumption as defined and authorized by by-law;

(iv) provide that all charges and penalties payable under this subsection are a lien on the property in which the energy, commodity, or service is consumed or used; and that, they may in accordance with subsection 573(1) be added to the taxes on that property and collected in the same manner as other taxes;

(b) by by-law make regulations

(i) with regard to the collecting of amounts charged, the giving of discounts for prompt payment or payment in advance, the adding of penalties to charges in arrear, the handling of funds and the keeping of accounts;

(ii) for preventing the pollution of any water in the waterworks system of the municipality or any source of supply thereof, or any unauthorized interference with any such system or source of supply;

(iii) for preventing any person from reselling or giving away any energy, commodity, or service supplied by the municipality or disposing thereof in any other manner than by use or consumption on the premises to which it is supplied;

(iv) for preventing the waste of any such energy or commodity supplied by the municipality, or the taking, using, or consuming thereof in any greater quantity, or at any greater rate, than is specified by by-law;

(v) for preventing the making of any unauthorized connection with any pipe, wire, or apparatus belonging to any such utility, and for preventing any person from fraudulently obtaining any energy, commodity, or service therefrom;

(vi) for controlling the number and kind of pipes, wires, fixtures, and appliances that may be connected with any utility operated by the municipality, and the method of connection;

(vii) in addition to any other remedy, for enforcing the regulations by cutting off the supply to the person offending of the energy, commodity, or service;

(viii) regarding the method of estimating consumption where it is not properly measured due to any lack or defective operation of any meter or apparatus, or any other cause, and enforcing payment of the proper charges for the estimated consumption;

(c) by by-law make any other regulations that the council deems necessary or expedient with regard to the use or consumption of any electricity, gas, water, steam, or other energy, matter, or thing produced or distributed by the municipality in operating any of its utilities, or with regard to the installation of meters, the laying or placing of service pipes or wires in the consumer's premises and the collection of the cost thereof, or any other matter connected with the carrying on of any such utility.

Other powers.

697(2)

The council of any municipality may, subject to The Public Utilities Board Act,

(a) enforce payment of charges and penalties by shutting off the supply of, or discontinuing, the particular energy, commodity, or service in respect of which the charges and penalties are payable, or by suit at law in any court of competent jurisdiction, or by distress and sale of the goods and chattels of the occupant of the property in which the energy, commodity, or service is consumed or used, or of any goods and chattels in his possession wherever they are found within the municipality;

(b) authorize any designated officer or employee of the municipality to enter upon any premises for the purpose of

(i) affixing to any pipe, wire, or apparatus connected with any such utility, a meter or any other measuring or testing device; or

(ii) taking readings from, repairing, inspecting, or removing any meter or apparatus belonging to the municipality; or

(iii) inspecting any wire, pipe, appliance or thing connected with, or intended to be connected with, any electrical, waterworks, or other system operated by the municipality;

(c) undertake and carry out for, and on behalf of, any user or potential user of power supplied, or intended to be supplied, by the municipality, or assist in any manner any such user or potential user to undertake and carry out, on such terms and conditions as the council may approve, the installation of electric wiring and related facilities using or intended to use power, and the preparation of plans, specifications, and estimates relating thereto, with a view to improving the usefulness, efficiency, or safety of the power supplied, or to be supplied, by the municipality to that user or potential user; and

(d) render engineering or other services to any user or potential user of power supplied by the municipality;

(e) charge and collect from any such user or potential user to whom reference is made in clauses (c) and (d) the cost of any such work done, services rendered, or assistance given for or to him or on his behalf.

Definition of "utility".

697(3)

The expression "utility" as used in this section means the acquisition, production, transmission, distribution, and sale, or supply or furnishing of any commodity, form of energy, or service to which reference is made in sub-clause (l)(a)(i).

Limitation on sale of gas.

697(4)

Subject to subsection 694(3), the production, transmission, distribution, and sale of gas may be carried on by a municipality only within the municipality.

Method of distress.

697(5)

A distress and sale made under a bylaw passed pursuant to clause (2)(a) shall be levied, made, and conducted in the same manner, in so far as possible, as a distress and sale by law upon a tenant for rent.

Approval of P. U. B. required.

698(1)

Subject to subsection (3), before the council of a municipality passes a by-law for the construction, purchase, or taking on lease of any works, the by-law shall be authorized by The Public Utilities Board.

Authorization of board.

698(2)

Before the council of a municipality passes a by-law for leasing or selling any works the by-law shall be authorized by The Public Utilities Board.

Exception.

698(3)

Subsection (1) does not apply to the construction of sewerage or waterworks.

Powers.

699

Any municipality, if authorized by a by-law of the council thereof, may

(a) lease, rent, or purchase such lands, works, buildings, privileges, and yards as are, in the opinion of its council, necessary to enable it to exercise any of the powers conferred on the municipality under this Part, and make contracts for fuel and any other materials necessary in maintaining or operating any such works;

(b) subject to The Highways and Transportation Department Act and The Highways Protection Act, break up, dig, and trench so much and so many of the highways as are necessary for laying pipes, conduits, or wires and for erecting poles, wires, and other appliances required in maintaining or operating any such works, or for taking up, altering, and renewing any such appliances;

(c) enter upon, cut, and dig up, if necessary, and lay down its mains, conduits, and pipes or erect its poles through, under, or upon the lands and premises of any person, subject to the payment of compensation for any injury thereby done, and to restoring all such land and premises, so far as possible, to their original condition without unnecessary delay.

Land not required for works.

700

A municipality may sell and convey any lands or property purchased for any works that cease to be required, or that it deems unnecessary therefor, on such terms as it sees fit; and the proceeds arising from any such sale shall be added to, and form part of, the funds for the construction or maintenance of the works.

DIVISION II

BORROWING POWERS

Debentures for constructing works.

701

The council of a municipality may pass by-laws for the issue of debentures to secure moneys borrowed for the purpose of

(a) constructing, building, purchasing, and extending any works;

(b) laying wires, conduits, and pipes and erecting poles, and making the necessary connections;

(c) paying the interest on the debentures during the progress of construction, and the expenses attendant thereon; and

(d) meeting a payment or attending to any other matter or doing any other thing in the exercise of the powers of the municipality.

Application of proceeds.

702(1)

The proceeds of the debentures issued under section 701 shall be paid into a bank and kept separate from any other funds of the municipality; and the proceeds shall only be paid out by cheque of the municipality, as is required for the discharge of the liabilities incurred in carrying out the works and improvements contemplated by this Part.

Paying with debentures.

702(2)

Nothing in this section prevents the municipality, should the council deem it advantageous to do so, from paying the contractor or others in debentures, either at par or at such rate of discount as the board deems advisable, or from selling or negotiating the debentures, as seems most expedient.

Preferential lien.

703

The holders of any of the debentures issued under section 701 have, without registration, a preferential lien and charge on the works, for securing the payment of the debentures and interest thereon.

Borrowing to operate plant.

704

Any municipality owning or operating electric lighting, electric power, steam heating, gas, or telephone works may, in any year, borrow, in addition to all other borrowing powers, amounts of money not exceeding in the aggregate an amount equal to one-half of the receipts from the operation of the works during the last preceding year, for the purpose of providing necessary funds to carry on the works during the year in which the amounts are borrowed; but the total of the amounts so borrowed in any year shall be repaid before the end of that year.

Borrowing powers are additional.

705

Nothing in this Part limits or diminishes the power and authority of any municipality that has borrowed moneys as provided in this Part, thereafter to borrow on its credit, for its general uses and purposes, as fully and effectually as though the municipality were not indebted for the construction, or purchase and construction, of any of the works.

DIVISION III

MANAGEMENT AND CHARGES FOR SERVICES

By-laws to govern.

706

The council of any municipality, may pass by-laws for the general maintenance, management, or conduct of any works and for prescribing the powers and duties of the officers and other persons employed therein.

Meters and charges therefor.

707(1)

A municipality may

(a) place meters upon any service pipe or other pipe or connection within or outside any house or building, or on the wall thereof, for the purpose of measuring any such electric current or energy, steam, gas, or water supplied;

(b) remove or alter the position of any meter, service pipe, or other pipe or connection; and

(c) fix the price to be paid for the use of any meter and the times and terms of payments.

Municipality may alter position.

707(2)

A municipality, in placing, or having placed, any meter in premises connected with any works for the purpose of measuring the commodity or thing consumed therein, may, for the purpose of protecting or regulating the use of the meter, at the expense of the owner or occupant of the premises, alter the position of the meter or of any pipe, connection, or tap; and the amount of the expense of the alterations while unpaid is a lien or charge on the property wherein the work is done, and on all the goods and chattels of the person owing the amount, that are situated thereon.

DIVISION IV

ACCOUNTS

Separate accounts to be kept.

708

Each municipality shall keep, or cause to be kept, separate books and accounts for and on account of any such works, distinct from the books and accounts relating to the other property, funds, and assets of the municipality.

DIVISION V

APPLIANCES

Municipal control.

709(1)

All services and other pipes, conduits, poles, wires and cables, whether within or outside buildings, together with all apparatus placed thereon or therein by the municipality, are under its control.

Appliances to be approved.

709(2)

Every person to whom electric current or energy, steam, or gas is supplied by the municipality may be required to place and use such style of appliances for the consumption and use of the current or energy, steam, or gas as conform with regulations approved by the Minister of Labour.

Limitation of liability.

710

A municipality is not liable for damages

(a) caused by the breaking of any service pipe, conduit, pole, wire, cable, or other appliance; or

(b) caused by

(i) the shutting off of electric current or energy, steam, water, or gas; or

(ii) the discontinuance or interruption of any service or connection;

by reason solely of accident to the works or its being considered necessary to repair or replace any of the works.

DIVISION VI

INSPECTION AND PROTECTION

Access by officials.

711

Any officer of a municipality authorized by it for that purpose, on production, if demanded, of his badge or other evidence of his authority to the owner or occupier of any building or premises to or in which electric current or energy, steam, water, or gas is delivered or consumed, or telephone service or connection is furnished, shall have free access at all reasonable hours to all parts of the building or premises for the purpose of

(a) erecting or installing meters, or appliances; or

(b) making repairs; or

(c) inspecting or altering any connections or appliances; or

(d) removing any or all of them as circumstances require.

Seizure of works prohibited.

712(1)

Neither the works nor any appliances or other property of a municipality are liable to be seized, distrained, or attached in any way by the owner of the building or other premises wherein or whereon they are situated.

Limitation of liability.

712(2)

No municipality is liable to any person for a debt of a person to whom, or for whose use, or for use in or on whose building or premises, any works or appliances are supplied by the municipality, notwithstanding the actual or apparent possession thereof by that person.

PART XIII

LICENSING AND CONTROL OF TRADES AND OCCUPATIONS

DIVISION I

FAIRS, PUBLIC MARKETS, STOCK-YARDS, AND SALE IN PUBLIC PLACES

Definition of "business".

713(1)

In this division, "business" includes any trade, occupation or calling whether or not it is carried on continuously or on an intermittent or one-time basis and whether or not the person carrying on the business has an established place of business within the municipality.

General power to license.

713(2)

The council of a municipality may by by-law license and regulate any business carried on within the municipality.

Specific licensing powers.

713(3)

The power to license and regulate a business includes the power

(a) to prohibit the carrying on of a business without a licence;

(b) to define classes of businesses and to license and regulate each class separately;

(c) to license and regulate

(i) premises or places used,

(ii) machines, devices, vehicles or other personal property used, and

(iii) persons employed or engaged, in carrying on business;

(d) to set a fee not exceeding $100 to obtain a licence

(i) for carrying on a business,

(ii) to use premises or places in carrying on a business,

(iii) for each machine, device, vehicle or other personal property used in carrying on the business, or

(iv) for each person employed or engaged in carrying on the business;

(e) to impose a fine not exceeding twice the amount of the applicable licence fee on a person for

(i) carrying on a business,

(ii) using premises or a place in carrying on a business,

(iii) using a machine, device, vehicle or other personal property in carrying on a business, or

(iv) for employing or engaging persons in carrying on a business, without having obtained the appropriate licence;

(f) to regulate the hours of operation of a business; and

(g) to fix the time during which a licence shall be in force.

Licence to be obtained.

713(4)

Any person who intends to carry on business in a municipality that has passed a bylaw under subsection (2) regulating that business shall obtain a licence to carry on the business before transacting any business in the municipality.

Reduced licence fee.

713(5)

A municipality may establish reduced licence fees for carrying on business within the municipality for any period less than a year.

Transitional.

713(6)

All municipal by-laws licensing, regulating or prohibiting the carrying on of any business in force on the coming into force of this section remain in force until repealed or amended by the municipality under this section.

Transient traders to report.

714(1)

Transient traders, hawkers, peddlars and other persons who go from place to place, or from door to door, by any means, bearing or drawing any goods, wares or merchandise for sale, shall, before transacting business in a municipality, report to the clerk or other proper officer of the municipality and obtain a municipal licence, if a licence is required by by-law.

Certain hawkers need not be licensed.

714(2)

No municipality shall require a licence for hawking, peddling or selling the growth or produce of the province if it is being hawked, peddled or sold by the producer thereof, a member of his immediate family, or his bona fide servants or employees.

DIVISION II

GAMES AND EXHIBITIONS

By-laws.

715(1)

The council of any municipality may pass by-laws,

(a) subject to subsections (4) and (5), for licensing all persons who, for hire, gain, or reward, directly or indirectly, keep or have in their possession or on their premises any machine, table, musical instrument, or other device, or any place or area on, in, or by means of which any game may be played, any goods supplied, or any music or other amusement provided, including both such things as are operated by the insertion of coins therein and those the charge for the use of which is paid in another manner whether or not the machine, table, musical instrument, or other device, or place or area is used;

(b) for prohibiting the keeping or having in the municipality of any machine, table, musical instrument, device, place or area to which reference is made in clause (a), by any person unless he has a valid and subsisting licence for the purpose issued to him by the municipality;

(c) for licensing, or refusing to license, exhibits of wax works, theatrical companies, circuses, menageries, side shows, and other like shows usually exhibited by showmen, including street parades in connection with any such circuses, menageries, side shows and other like shows, and other free or advertising exhibitions;

(d) for requiring the payment of licence fees for authorizing any thing to which reference is made in clause (c), not exceeding $500. per day, except in the case of a theatrical company, upon which a licence fee of not more than $10. per day may be imposed;

(e) for requiring the operators of motor vehicle race tracks, motor vehicle speedways, and other similar motor vehicle courses, to obtain licences for the operation thereof;

(f) for licensing or refusing to license street parades other than those to which clause (c) applies;

(g) for licensing exhibitions held for hire or profit, bowling alleys, dance halls, moving picture theatres, and pavilions, and other places of amusement for which a fee is charged or to which any admission fee is demanded or paid;

(h) for licensing rinks within the municipality for skating, roller skating, or curling, or for any two or more of those purposes; and

(i) for licensing any club, whether incorporated or not, and any corporation created under Part XXII of The Corporations Act, and for classifying clubs and corporations for the purpose of this clause, and for excepting any classification or any club or any corporation from the operation of this clause.

By-laws prohibiting.

715(2)

Subject to subsections (4) and (5), the council of any municipality may pass by-laws for prohibiting or limiting the number of, or for restricting to areas fixed in a by-law, and for regulating, controlling, governing, or supervising any thing, place, activity, operation, or business,

(a) to which subsection (1) applies; or

(b) that is kept or in the possession of, or operated by, a person to whom subsection (1), applies.

Billiard tables in clubs.

715(3)

Every club, whether incorporated or not, and every corporation to which Part XXII of The Corporations Act applies that has, or keeps for the use of its members, any billiard, pool, or bagatelle table, shall be deemed to be keeping or having every such table for hire or gain, and is subject to all licensing and regulating by-laws of the municipality relating thereto.

Exception of clubs.

715(4)

The council may, by by-law, except any club from the operation of subsection (1).

Petition against licence.

715(5)

In rural municipalities no licence under clause (l)(a) shall be granted or, if already granted, continued in force, if a petition against the granting or continuance of the licence is received by the council signed by at least 3/5 of the resident electors within a radius of one mile from the place in respect of which the licence is desired or is in effect.

Imposition of fines.

715(6)

The council of any municipality may pass by-laws for imposing fines on persons contravening, or refusing, omitting, failing, or neglecting to observe or comply with, any by-law passed pursuant to this section; but any such fine shall not exceed $50. together with the amount of any licence fee due and unpaid by the person convicted.

Definition of "event".

716(1)

In this section, "event" means an activity at which more than 1,000 persons attend or are expected to attend on any single day.

Bond required for event.

716(2)

No person shall promote, organize or conduct an event within a municipality unless he has first deposited with the municipality security in such amount and form as is prescribed in the regulations made or by-laws passed under this section to secure compliance with those regulations or by-laws and with standards prescribed therein.

Exceptions.

716(3)

Subsection (2) does not apply

(a) to an event held in a public building or a public park; or

(b) to an event that will not continue for more than four hours.

Prohibition as to advertising.

716(4)

No person shall advertise an event in a municipality until he has deposited security in respect of that event in accordance with subsection (2).

Offence and penalty.

716(5)

Any person who contravenes or fails to comply with subsection (2) or (4) or with any provision of the regulations or by-laws passed made under this section, is guilty of an offence and liable, if an individual, to a fine of not more than $1,000., and, if a corporation, to a fine of not more than $5,000.

Regulations.

716(6)

The Lieutenant Governor in Council may make regulations

(a) respecting the sanitary and health facilities required to be provided at or in respect of an event and the standards to be maintained with respect to those facilities, and, without limiting the generality of the foregoing, respecting

(i) supply of potable water,

(ii) toilet facilities,

(iii) the collection and removal of garbage,

(iv) facilities for storage, handling, dispensing and consumption of food and beverages,

(v) public health facilities, and

(vi) emergency medical facilities, required to be provided in respect of an event;

(b) respecting the parking and traffic arrangements required at and in respect of an event;

(c) respecting fire protection facilities required to be provided at and in respect of an event;

(d) respecting internal security arrangements required to be provided at and in respect of an event;

(e) respecting the amount and form of security required to be deposited with a municipality under subsection (2) to secure compliance with the regulations and with standards prescribed in the regulations and prescribing terms and conditions in respect of such security;

(f) requiring a person to clean up and remove any garbage, waste or sewage left or accumulated at or in respect of an event, to repair any damage to private or public property caused by reason of an event, and to remove any structures or erections constructed, erected or brought on to property for the purposes of an event;

(g) authorizing a municipality by by-law to regulate events to be held within the municipality respecting all or any of the items set forth in clauses (a) to (f) and authorizing the municipality to fix the amount of the bond required under subsection (2) in any amount not exceeding $25,000.

Action by municipality.

716(7)

Where security has been deposited under subsection (2) with a municipality in respect of an event, and the council of the municipality is satisfied that the person depositing the security failed to comply with the regulations or to perform any requirements prescribed under the regulations, notwithstanding that that person has not been convicted of an offence under subsection (5) for that failure, the council may by resolution authorize work to be done and measures to be taken to clean up and remove any garbage, waste or sewage left or accumulated by reason of the event, to repair any damage to private or public property caused by reason of the event and to remove any structure or erection constructed or erected or brought on to property for the purposes of the event, and, subject to subsection (8) may use the security to pay for the cost of the work or taking those measures.

Objection by organizer of event.

716(8)

Where the municipality uses security deposited with them under subsection (2) for the purposes of paying their costs of doing any work or taking measures under subsection (7), the person depositing the security may apply to a judge of the Court of Queen's Bench for an order prohibiting the municipality from using the security deposited under subsection (2) as provided in subsection (7); and, if the judge is satisfied that the work done or the measures taken were not necessitated by reason of the event, he may order that the costs thereof be paid wholly or partly from sources other than the security.

DIVISION III

PAWNBROKERS

Pawnbrokers.

717

The council of any municipality may pass by-laws,

(a) for licensing and regulating pawnbrokers;

(b) for prescribing the method of making entries of pawnbrokers' transactions in proper books, the giving of tickets or receipts for goods pawned;

(c) for the inspection of the books and goods of pawnbrokers; and

(d) for the making of reports of all transactions by pawn or purchase to the head of the municipality or police.

DIVISION IV

LICENCES AND LICENCE FEES

Licence fees.

718(1)

Where, under this Act or any other Act, the council of any municipality is authorized to pass by-laws for licensing any trade, calling, business, or profession, or the person carrying on or engaged therein within its limits, the council may pass by-laws,

(a) subject as herein expressly otherwise provided, for fixing the amount to be paid for any such licence;

(b) for enforcing the payment of the licence fee; and

(c) for determining the time the licence shall be in force, and revoking the licence.

What licence fee may include.

718(2)

Where in this Act a municipality is authorized to license any person, trade, or occupation, the licence fee may include not only a fee for the certificate of licence, but also a fee for each of the animals, articles, or appliances that the licensee is authorized to keep, use, or employ.

Granting monopolies prohibited.

718(3)

A municipality shall not give any person an exclusive right of exercising, in the municipality, any trade or calling, or impose a special tax on any person exercising it, or require a licence to be taken for exercising it, unless authorized or required by statute so to do; but the council may require a fee not exceeding $1., to be paid to the proper officer, for a certificate of compliance with any regulations in regard to any trade or calling.

Licence in addition to business tax.

719(1)

Where the issue of a licence, or the payment of a fee, is required under sections 713 or 714, the issue of that licence or the payment of that fee is in addition to any requirement, under Division II of Part XV, for the payment of a business tax, or a fee in lieu of business tax, by the licensee, and, notwithstanding any provision herein other than subsection (2), the person so liable for payment of business tax, or a fee in lieu thereof, shall also obtain the licence, or pay the fee, required under sections 713 or 714.

Limitation on fee.

719(2)

In a case to which subsection (1) applies; the fee imposed for the issue of a licence or otherwise under sections 713 or 714 shall not exceed $10.

PART XIV

JUDICIAL AND QUASI-JUDICIAL PROCEEDINGS

DIVISION I

CIVIL PROCEEDINGS

Subdivision I

DAMAGES AGAINST A MUNICIPALITY

Limitation of damages.

720

Where a municipality constructs any public work under the supervision of a civil engineer, architect, Manitoba land surveyor, or any other person competent to supervise the work, if the work is carried out in accordance with the plans and specifications and in good faith, the municipality is not liable for damages arising from any negligence on the part of the engineer, architect, surveyor, or other person entrusted with the supervision of the work.

Tender of compensation.

721(1)

Any municipality, upon claim being made or action brought for damages for alleged negligence on the part of the municipality, may tender or pay into court such amount as it considers proper compensation for the damage sustained.

Where tender not accepted.

721(2)

Where the claimant does not accept the amount of the tender or payment, and the action is proceeded with and a verdict is obtained for no greater amount than the amount so tendered or paid into court, the costs of suit shall be awarded to the defendants, and may be set-off against any verdict obtained against them.

Remedy over.

722(1)

Where

(a) an action is brought against a municipality to recover damages sustained by reason of any obstruction, excavation, or opening, in or near a highway, that has been placed, made, left, or maintained by any person other than a servant or agent of the municipality; or

(b) the municipality pays such a claim for damages before any action is brought;

the municipality has a remedy over against that person for the amount of the damages and costs recovered against, or paid by, the municipality.

Defence to claim of municipality.

722(2)

Where a municipality pays a claim before action is brought, as mentioned in clause (l)(b), and the person against whom the municipality has a remedy over claims that the amount paid by the municipality in settlement of the claim for damages was too large, he may raise that issue in his defence to any action brought against him by the municipality; and the court, if satisfied that the amount so paid by the municipality was too large, may reduce accordingly any amount to be awarded to the municipality in the judgment given in the action.

Subdivision II

REMEDIES FOR RECOVERY OF DEBT

Definitions.

723(1)

In this section and in sections 724 to 727

"assistance" means municipal assistance as defined in section 450(1) provided or paid to or for a person; ("aide")

"court" means the Court of Queen's Bench; ("tribunal")

"major building repairs" has the meaning given to that expression by regulations made under the Social Allowances Act; and ("réparations majeures de bâtiments")

"municipality" includes the City of Winnipeg. ("municipalité")

Remedies of municipality.

723(2)

A municipality, in addition to any other remedies, may serve by registered mail in accordance with the rules of the court, any person indebted to it with a certificate signed by the head of its council or, if directed by resolution of the council, by the treasurer of the municipality, setting out the name of the person so indebted and the amount of the indebtedness and endorsed with a notice to the debtor that, if he disputes the amount claimed he must file his statement of defence in the court, within 16 days from the service of the certificate, otherwise judgment may be entered against him.

Copy filed with court.

723(3)

The municipality shall, upon serving the certificate, file with the court a duplicate thereof together with an affidavit proving that the certificate has been served upon the debtor.

Same effect as statement of claim.

723(4)

The serving and filing of a certificate takes effect, and judgment may be entered, and all subsequent proceedings in the court may be had thereon, in the same manner as if a statement of claim had issued out of the court.

False statements.

724(1)

Where a municipality has provided assistance to a person that would not have been provided except for

(a) a false statement or misrepresentation made by the person; or

(b) an error;

that assistance is a debt owing to the municipality and the amount of the assistance may be recovered from the person, or the spouse of that person, and, if the person is an infant, the infant's parent or guardian or any person legally liable to pay the infant's expenses.

Person liable for maintenance.

724(2)

Where a municipality has provided assistance to a person that would not have been provided except for the failure of another person to comply with any law or the order of any court requiring that other person to contribute toward the maintenance of the person to whom the assistance was provided, the amount of that assistance up to the total amount that the other person failed to provide is a debt due from that other person to the municipality.

Deductions from recipient.

724(3)

Notwithstanding any other provision of this Act or The Social Allowances Act where under subsection (1) or (2) a person who is liable to pay an amount as a debt to the municipality is a recipient of assistance from the municipality, the municipality or a person that the municipality may designate by by-law may deduct an amount that would not cause undue hardship to the recipient from each subsequent payment of assistance to the recipient until that person's debt is discharged.

Unpaid balance continues as debt.

724(4)

Where pursuant to subsection (3) deductions are made from the assistance payable to a person and the assistance is discontinued before that person's debt to the municipality is fully discharged, the unpaid balance continues as a debt owed by that person to the municipality.

Registration of statement.

725(1)

Where

(a) a debt becomes due from a person to a municipality under section 724; or

(b) a municipality has made any payment to a person to cover in whole or in part

(i) the principal portion of any instalment payable under a real property mortgage or an agreement for the sale of land, or any part of that principal portion, or

(ii) arrears of real property taxes, or

(iii) the cost of major building repairs;

the municipality may register in any land titles office in the province a statement certifying its address for service, the amount of the debt or payment and the name the person indebted.

Lien.

725

From the time of its registration, a statement registered under subsection (1) forms a lien in favour of the municipality against the estate or interest in any land specifically described in the statement and while registered in the general register against all lands of the debtor which are held in a name identical to that of the debtor set out in the statement for the amount certified in the statement together with the amount of

(a) any debt that becomes owing from the person to the municipality under section 724 after the statement is registered; and

(b) any payment of a kind described in clause (1)(b) made after the statement is registered.

No affidavit of execution.

725(3)

A statement submitted for registration under subsection (1) shall be registered on production without any affidavit of execution.

Discharge of lien.

725(4)

A lien created by the registration of a statement under subsection (1) may be discharged by the registration, in the same office where the statement is registered, of a discharge executed by the head of the municipality or, if directed by resolution of the council, by the treasurer of the municipality.

Notice.

725(5)

When a statement is registered against an identified parcel of land, the District Registrar shall forthwith notify the registered owner of the registration by registered mail sent to the address shown on the title.

Offence and penalty.

726(1)

Every person

(a) who makes a false statement in any form, application, record or return required by a bylaw of a municipality which provides for the granting of assistance; or

(b) who fails to inform the person designated to administer a by-law of a municipality which provides for the granting of assistance of a material change in circumstances affecting his entitlement to assistance, within 30 days of the change;

is guilty of an offence and is liable to a fine not exceeding $500. or to imprisonment not exceeding 3 months or to both.

Repayment of moneys.

726(2)

A justice who finds a person guilty of an offence under subsection (1) may, in addition to any penalty imposed under that subsection, order the person to pay to the municipality any moneys obtained by that person by reason of the commission of the offence.

Filing of order in court.

726(3)

Where an order is made under subsection (2), the municipality may file a certified copy in the Court of Queen's Bench and thereupon the order shall be deemed to be, and enforceable as, a judgment in favour of the municipality.

Limitation.

727

Notwithstanding anything in this Act or in any other Act of the Legislature, no prosecution in respect of an offence under section 726 shall be instituted after the expiration of four years from the time when the matter giving rise to the prosecution arose.

DIVISION II

EXECUTIONS AGAINST MUNICIPALITIES

Execution against municipality.

728(1)

No process by way of execution to recover a debt against a municipality shall be issued out of any court other than as permitted in this Division or as otherwise specifically provided by Act of the Legislature.

Registration void.

728(2)

No judgment creditor of a municipality, and no person claiming through or under him, has, or ever has had, any lien or charge on any lands of the municipality under The Judgments Act by reason of the registration of a certificate of judgment in any registry office or land titles office; and the registration of any such certificate of judgment is void.

Proceedings against municipality.

729

Any writ of execution against a municipality may be endorsed with a direction to the sheriff to levy the amount thereof by taxation, and the proceedings thereon shall be as set out in this Division.

Service on treasurer.

730(1)

The sheriff shall deliver a copy of the writ and endorsement to the treasurer or leave the copy at the office of that officer, together with a statement in writing of the sheriff's fees and of the amount required to satisfy the execution, including in that amount the interest calculated to a day as near as convenient to the day of the service.

Council to include with tax.

730(2)

After the copy has been so delivered, the municipality shall not pass any by-law levying an annual tax without including therein an additional tax at a rate on the dollar each year sufficient for the satisfaction of the execution and all other executions against the municipality, its overdue obligations upon its bonds and debentures, and all claims of the government against the municipality, unless, at the time the by-law is passed, the executions have been satisfied.

Rate of tax.

730(3)

The additional tax shall not exceed, in any one year, a rate of 10 mills on the dollar on all the taxable property in the municipality.

By-law void.

730(4)

Any by-law passed in contravention of this section is void.

Non-payment within a month.

731

Where the amount, with interest thereon from the day mentioned in the statement, is not paid to the sheriff within one month after the service, the sheriff shall examine the assessment rolls of the municipality, and shall strike a rate on the dollar sufficient to cover the amounts due on the execution and all other executions against the municipality in his hands, and all other overdue obligations of the municipality upon bonds or debentures thereof, and all indebtedness of the municipality to the government, with such additions as the sheriff deems sufficient to cover the interest, his own fees and the collector's percentages, if any, up to the time when the proceeds of the tax will be available, but not exceeding in any one year 10 mills on the dollar on all the taxable property in the municipality.

Sheriff's precept to treasurer.

732

The sheriff shall thereupon issue a precept, under his hand and seal of office, directed to the treasurer of the municipality, and shall by the precept, after reciting the writ and that the municipality has neglected to satisfy it command the treasurer to levy a tax at the rate struck by the sheriff, at the time and in the manner, by law required in respect of the general annual taxes.

Duties of treasurer.

733

Where the precept is delivered to the treasurer in any year before the notices containing a statement and demand of taxes have been mailed to each taxpayer, he shall add a column to the tax roll of the municipality headed "Execution Tax" and shall insert therein against each person his rateable proportion of the amount required by the precept; and he shall levy the amount of the execution tax, and shall on or before December 31 of the year in which the execution tax was levied forward to the sheriff all moneys collected thereunder, together with a return showing the particulars thereof.

Payment by sheriff.

734

The sheriff shall, after satisfying the executions and all fees thereon, and all overdue obligations of the municipality upon bonds or debentures thereof, and all the claims of the government of which he has notice, in the manner hereinafter provided, pay any surplus, within 10 days after receiving it, to the treasurer, for the general purposes of the municipality.

Where first levy insufficient.

735

Where the first levy by the sheriff under this Division is not sufficient to satisfy all the exécutions in his hands, and all the overdue obligations upon bonds of debentures and claims of the government, the sheriff shall take similar proceedings to levy in the next year upon all the taxable property in the municipality a tax at a like rate or such part thereof as is necessary to satisfy all such executions, obligations, and claims, and so from year to year until all the executions, obligations, and claims, are fully paid and satisfied.

Obtaining information

736(1)

The Sheriff shall, before paying over any money realized by him to any execution creditor, obtain from the treasurer of the municipality a list of all persons holding overdue obligations of the municipality upon bonds or debentures, with their addresses and the amounts due to each, and a statement showing all moneys due by the municipality to the government.

Notice.

736(2)

The sheriff shall also publish a notice in The Manitoba Gazette and in a daily newspaper published in The City of Winnipeg, once a week for four weeks, requiring notice of all such claims and particulars thereof, to be sent to him within a time to be limited.

Distribution of the moneys realized.

736(3)

After satisfying himself of the correctness of all such claims, the sheriff shall distribute all moneys so realized pro rata amongst all the execution creditors and bond and debenture holders of whom he has notice and the government, according to the respective amounts of all such claims, without giving any preference or priority to any of them.

Interpleader.

737(1)

Where there is a dispute between a municipality and any person making a claim under any such bond or debenture, as to the amount due thereon or as to the validity thereof, the sheriff may take the same steps to have the dispute decided by interpleader as he is required to take in case of a claim to goods seized under a writ of execution.

Delay of distribution.

737(2)

If an issue is ordered to try the matter in dispute, the municipality shall be the plaintiff in the issue, and the sheriff is not bound to distribute any of the moneys until all such disputes have been finally settled.

Officers of the court.

738

The clerk, treasurer, assessors, and collectors of the municipality shall, for all purposes connected with carrying into effect, or permitting or assisting the sheriff to carry into effect, this Division, be deemed to be officers of the court out of which the writ issued; and as such they are amendable to the court, and may be proceeded against by attachment, mandamus, or otherwise, in order to compel them to perform the duties hereby imposed upon them.

DIVISION III

ARBITRATION

Subdivision I

APPOINTMENT OF ARBITRATORS

Appointment of arbitrators.

739(1)

The appointment of all arbitrators, in an arbitration to which a municipality is a party, shall be in writing under the hands of the appointers, or, in case of the municipality, under its corporate seal and authenticated in like manner as a by-law.

Appointment by municipality.

739(2)

The arbitrators on behalf of a municipality shall be appointed by by-law, or by the head thereof if authorized by a by-law.

Notice of appointment.

739(3)

Where arbitration is directed by this Act, any party may appoint an arbitrator and give notice thereof in writing to the other party, calling upon that party to appoint an arbitrator.

Giving of notice.

739(4)

A notice to a municipality shall be given to the head of the municipality or the clerk.

Arbitration between municipalities.

740(1)

Where the arbitration is between municipalities only, the municipality so notified shall appoint its arbitrator and give notice of the appointment to the notifying municipality, within 21 days after being so notified.

Limitation on time.

740(2)

In all other cases, except that for which provision is made in section 741, the party notified shall appoint his or its arbitrator and give notice of the appointment to the party notifying, within seven days after having been so notified.

Several interests in same property.

741

Where there are several persons having distinct interests in land in respect of which a municipality desires to exercise its powers under a by-law, whether those persons are all interested in the same piece of land, or some or one in a part thereof and some or one in another part thereof, if the council decides that a disposition of all the claims shall be made by one award and so provides by the by-law, or any subsequent by-law, those persons shall, within 21 days after being notified in writing of the passing of the by-law setting out the decision of the council aforesaid, agree upon, and give to the clerk of the municipality written notice of the appointment of, an arbitrator jointly appointed in their behalf, otherwise they shall be deemed to be in default in appointing their arbitrator.

Disqualification.

742

No member, officer, or person, in the employment of any person concerned or interested in any arbitration, and no person so interested, shall be appointed to act as an arbitrator; but no person is disqualified by reason merely that he is a ratepayer of a municipality concerned or interested in the arbitration.

Subdivision II

DUTIES OF ARBITRATORS

Time of meeting.

743(1)

The arbitrators shall, within 20 days after the appointment of the arbitrator last appointed, meet at such place as they agree upon, to hear and determine the matter in dispute, with power to adjourn, from time to time.

Award.

743(2)

The arbitrators shall make their award in writing, and it is binding on all parties; the arbitrators shall cause one copy thereof to be filed with the clerk of each of the municipalities interested.

Notes of the evidence taken.

744

Where required by the municipality, the arbitrators shall take, and immediately after the making of the award, shall file with the clerk for the inspection of all parties interested, full notes of the oral evidence given on the reference and also all documentary evidence or a copy thereof; and if they proceed partly on a view, or any knowledge or skill possessed by themselves or any of them, they shall also put in writing a statement thereof, sufficiently full to allow the court to form a judgment of the weight that should be attached thereto.

DIVISION IV

CRIMINAL AND QUASI-CRIMINAL MATTERS

Subdivision I

REWARDS FOR THE DISCOVERY OF CRIMINALS

Rewards for apprehension of criminals.

745

Any municipality within which a crime is believed to have been committed may offer and pay a reward for the discovery, apprehension, or conviction of the criminal, or of any person who is suspected of being the criminal.

Subdivision II

ENFORCEMENT OF BY-LAWS

By-laws.

746

The council of any municipality may pass by-laws,

(a) for inflicting fines and penalties, not exceeding $1,000., in addition to costs, for breach of any of the by-laws of the municipality; and

(b) for inflicting punishment by imprisonment for breach of any of its by-laws, in case of nonpayment of fine and costs inflicted for any such breach, for a period not exceeding 30 days.

Payment of fine by consent.

747(1)

A by-law passed under section 746 may fix a fine in an amount, not exceeding $10. in any case, to be imposed on, and paid by, any person who consents, as provided in subsection (2), to pay a fine for contravention of a by-law of the municipality respecting the stopping, standing, or parking of vehicles on a highway as stated in that subsection.

Manner of consent and payment.

747(2)

Where it is alleged by a peace officer, or by any person appointed to enforce the by-laws of the municipality respecting the stopping, standing, or parking of vehicles on a highway, that any person has contravened a provision of any such bylaw, that person, on being notified of the allegation, may voluntarily consent

(a) to appear before

(i) a justice; or

(ii) a peace officer; or

(iii) another person;

appointed by the council to dispose of such matters; and

(b) where, without an information being laid or complaint or charge made or other formality, to admit the correctness of the allegation and pay the fine fixed in the by-law passed under subsection (1).

Payment by consent sufficient.

747(3)

Upon any person who has consented as provided in subsection (2) paying the fine fixed under the by-law passed under section 746, he is not liable to prosecution for the contravention in respect of which the payment is made.

Subdivision III

PROSECUTIONS AND PENALTIES

Imprisonment is default.

748

Where, upon conviction of any person for an offence against any provision of this Act, a pecuniary fine or penalty is imposed, if that person makes default in payment of the fine or penalty, and if there is no distress found out of which the fine or penalty can be realized, he may, except where otherwise provided, be imprisoned for any period not exceeding 30 days.

Disposition of penalties.

749

Unless otherwise provided in the Act under the authority of which the by-law is passed, or in the by-law itself, any fine or pecuniary penalty imposed on a conviction in a prosecution for an offence under a by-law of a municipality shall be paid to the municipality.

Form of conviction under a by-law.

750

It is not necessary, in a conviction made under a by-law of a municipality, to set out the information, or the appearance or non-appearance of the defendant, or the evidence or bylaw under which the conviction is made; but any such conviction may be in Form 6.

Subdivision IV

APPEALS FROM CONVICTIONS

Appeal to Court of Appeal.

751

Where an appeal is taken to a judge from a decision or ruling of a justice, or a magistrate, either party to the appeal may appeal from the decision of the judge to The Court of Appeal.

Subdivision V

MAGISTRATES AND JUSTICES

Mayor or reeve.

752(1)

The mayor or reeve of a municipality is not a magistrate or a justice of the peace.

Jurisdiction over certain offences.

752(2)

Each justice has jurisdiction in all prosecutions for offences against, or arising under, any by-law of a municipality.

Exclusive jurisdiction of magistrate.

752(3)

A magistrate has exclusive jurisdiction in respect of offences relating to refusal to accept office or to make the declaration of office in any municipality.

Jurisdiction where no other provision.

753

Where an offence is committed against a by-law of a municipality for the prosecution of which no other provision is made, any justice having jurisdiction in the locality in which the offender resides or in which the offence was committed, may try and determine any prosecution for the offence.

PART XV

TAX ROLLS

DIVISION I

GENERAL

Subdivision I

FORM AND CONTENT

Form of tax rolls.

754(1)

The tax rolls of a municipality shall be in such form as may be approved by the minister.

Combined rolls.

754(2)

The minister may approve the use of a combined assessment roll and tax roll.

Sheets or cards.

754(3)

The minister may approve tax rolls comprised of a series of sheets or cards, in such form, and bound together in sections and authenticated in such manner, as he deems advisable.

Cards used for several years.

754(4)

The information regarding a parcel of land may be shown for a succession of years on the same sheet or card, provided there is no change during those years in the description of the property.

General tax roll.

755(1)

The general tax roll shall show,

(a) the given names or the initials, and the surname and the address of every person whose land is assessed in the general assessment roll;

(b) the description of each piece of land assessed, and unless it is described according to a plan of subdivision registered in a land titles office, the number of acres comprised therein;

(c) the assessed value of each piece of land assessed in the general assessment roll;

(d) the amount charged in respect of each tax the proceeds of which are required to be kept distinct and accounted for separately;

(e) the amount chargeable in respect of each entry in the tax roll for the current year;

(f) the amount of the arrears of taxes due in respect of each piece of land in respect of which the owner or any person is liable to pay taxes to the municipality;

(g) the total amount required to be paid in respect of each entry in the tax roll; and

(h) such other and additional information as the minister directs.

Business tax roll.

755(2)

The business tax roll shall show,

(a) the given names or the initials, and the surname and the address of each person liable to pay the business tax;

(b) the description of the premises occupied by each person in respect of the occupancy of which he is liable to pay the business tax;

(c) the annual rental value of the premises as assessed in the business assessment roll;

(d) the rate of business tax charge pursuant to section 766;

(e) the amount for which each person is chargeable for the business tax for the current year;

(f) the amount of the arrears of business taxes due in respect of each premises by reason of the occupancy of which any person is liable to pay the business tax;

(g) the total amount required to be paid by each person who is liable to pay the business tax;

(h) the given names or the initials and the surname and address of each person who is liable to pay a fee in lieu of business tax;

(i) the amount of the fee which each person to whom reference is made in clause (h) is liable to pay; and

(j) such other and additional information as the minister directs.

Personal property tax roll.

755(3)

The personal property tax roll shall show

(a) the given names or the initials, and the surname and address of each person whose personal property is assessed in the personal property assessment roll;

(b) the nature and type of personal property assessed in the personal property assessment roll;

(c) the legal description of the land, where possible, upon which the personal property assessed in the personal property assessment roll is located;

(d) the assessed value of the personal property assessed in the personal property assessment roll;

(e) the amount charged in respect of each tax the proceeds of which are required to be kept distinct and accounted for separately;

(f) the amount for which each person is chargeable for the current year;

(g) the amount of the arrears of taxes due in respect of the personal property in respect of which the owner or any person is liable to pay taxes to the municipality;

(h) the total amount required to be paid by each person; and

(i) such other and additional information as the minister directs.

Subdivision II

PREPARATION OF TAX ROLL

Preparation of tax rolls.

756(1)

Forthwith after

(a) the final revision of the assessment rolls of the municipality for each year; and

(b) the passing of the by-laws fixing the rates of taxation to be charged for each year;

the clerk of each municipality shall make and complete

(c) the general tax roll;

(d) the business tax roll; and

(e) the personal property tax roll;

of the municipality.

Completion notwithstanding appeals.

756(2)

Notwithstanding subsection (1) where all appeals with respect to the assessment rolls of the municipality other than

(a) an appeal to the board; or

(b) an appeal to the Court of Queen's Bench;

have been disposed of, the clerk of the municipality shall not later than June 30 in that year, make and complete the tax rolls for the municipality.

Treasurer to make adjustment.

756(3)

Where as a result of

(a) the decision of the board; or

(b) the judgment of the court;

in respect of an appeal to which subsection (2) applies, an adjustment in the tax roll is required, the treasurer shall cause it to be made, and shall take such other measures as are required to give effect to the adjustment.

Entry of arrears.

756(4)

The arrears to which clauses 755(1)(f), 755(2)(f) or 755(3)(g) apply shall be set opposite the name of the person liable therefor in the tax roll, and shall be those furnished to the clerk by the treasurer, or those of which the clerk is himself otherwise aware from the books and accounts in his possession.

Minimum tax.

757

The council of a municipality may, by by-law, provide that where the rate of the tax imposed is such that any piece of land liable to assessment would be subject, in any year, to a tax of less than $1., the tax payable in respect of that property for that year shall be $1.

Business sold.

758(1)

Where, at any time before the completion of the business tax roll, it is made to appear to the clerk that a person liable for the payment of a business tax has disposed of his business to another person who is continuing it, the clerk shall charge each of them with a proportion of the business tax determined according to the number of months each has respectively carried on the business, a fraction of a month greater than one-half being taken as a month and a fraction of a month less than one-half being disregarded.

Premises vacated.

758(2)

Where, at any time before the completion of the business tax roll, a person liable for the payment of a business tax permanently vacates his premises, the clerk shall, upon being satisfied of that fact, enter the business tax against him in respect of the premises at a proportionate amount of the tax for the year, determined according to the number of months he has occupied the premises, a fraction of a month greater than one-half being taken as a month and a fraction of a month less than one-half being disregarded.

Computing fraction of one-half month.

758(3)

In a case to which subsection (1) or (2) applies, in computing

(a) under subsection (1), the number of months each person has carried on business; or

(b) under subsection (2), the number of months the person vacating has occupied the premises;

if the number of months mentioned in clause (a) or (b) includes a fraction of exactly one-half of a month, that fraction shall be computed as a full month and charged

(c) in a case to which subsection (1) applies, against the person who has disposed of the business; and

(d) in a case to which subsection (2) applies, against the person vacating.

Request for assistance.

759(1)

The council of any municipality may, by resolution, authorize the clerk to request the minister to cause an officer of the Department of Municipal Affairs, designated by him for the purpose to assist the clerk in preparing the tax rolls for the municipality through, or partly through, the use of machines provided by the minister and employed in connection with the work of the Department of Municipal Affairs.

Minister may provide assistance.

759(2)

The minister may accede to a request made under subsection ( 1> and cause the tax rolls or any part thereof to be so prepared until the arrangement for the assistance is terminated by the municipality or the minister.

Certificate of officer.

759(3)

Where a tax roll of a municipality or any part thereof is prepared by an officer of the Department of Municipal Affairs, as requested under subsecti