R.S.M. 1987, c. M240

The Municipal Board Act

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Table of Contents

1		Definitions.
PART I ORGANIZATION, PROCEDURE AND POWERS
2		Continuation of board.
3		Membership of board.
4		Not less than three.
5		Chairman designated.
	(2)	Acting chairman.
	(3)	Powers of acting chairman.
6		Duties of chairman.
	(2)	Duties of members other than chairman.
7		Appointment to board.
8		Appointment of staff.
9		Term of office.
10		Corporate powers and seal.
VACANCIES
11		Vacancies on board.
12		Absence or inability of the chairman.
13		Completion of business by substitute.
	(2)	Presumption in such cases.
14		Disabilities of members.
	(2)	Disposal by members of certain things owned or acquired.
SITTINGS OF THE BOARD
15		Place of office of board.
	(2)	Conduct of sittings.
	(3)	Public hearings.
	(4)	Quorum.
	(5)	Separate sittings.
	(6)	Continuation of hearing after resignation of member.
16		Reports by one member.
17		Use of court house for sittings of the board.
	(2)	Use of municipal buildings.
THE SECRETARY
18		Appointment and remuneration of secretary.
	(2)	Duties of secretary.
	(3)	Records.
	(4)	Copies of orders.
	(5)	Assistant secretary.
EXPERTS AND ASSISTANTS
19		Technical advisers.
20		Use of government services.
21		Payment for special services.
22		Salaries and expenses out of the Consolidated Fund.
23		No personal liability of board and employees.
PROCEDURE
24		Procedure governed by rules.
	(2)	Rules of evidence not binding on board.
	(3)	Rules of practice, their publication.
	(4)	Board to have powers of Court of Queen's Bench in certain matters.
	(5)	Witnesses.
	(6)	Affidavit or Evidence by report.
	(7)	Commissions to take evidence out of Manitoba.
25		Power of board to maintain order.
26		Protection of witnesses.
	(2)	Members and employees not required to give evidence in civil suits.
	(3)	Corporations not immune.
27		Initiation of inquiries.
28		Power to inspect, examine witnesses, documents, etc.
29		Power to require doing of acts.
	(2)	Method of performance.
30		In case of default, board may authorize doing of act.
	(2)	Recovery of expense.
31		Reports to board, expense of.
32		Hearings by single member.
	(2)	Proviso as to chairman.
	(3)	Further evidence.
33		Local authorities may become complainants.
34		Power of board on complaints generally.
35		Counsel to represent persons interested.
NOTICES, DOCUMENTS, ETC.
36		Notices, how signed.
37		Notices, how given.
38		Notices, service by publication.
	(2)	Notices by registered mail.
	(3)	Service on Public Trustee.
39		Notices in certain matters.
40		Power of board to require notices to be given by applicants.
	(2)	Requirements respecting notice.
	(3)	Where subsec. (1) not applicable.
41		Orders in emergencies, without notice.
	(2)	Relief to persons affected thereby.
DOCUMENTS, RECORDS, ETC.
42		Documents from public offices.
	(2)	Certificates, searches, etc., without charge to board.
43		Documents or corporations as evidence.
44		Documents of board as evidence.
	(2)	Copies.
45		Certified copies of documents deposited with board.
	(2)	Copies of orders, etc., under seal of board.
ORDERS OF THE BOARD
46		Power to order partial or other relief.
	(2)	Review of orders.
	(3)	Varying orders.
47		Interim orders ex parte.
48		Extension of time for compliance with order.
49		Orders subject to conditions.
	(2)	Interim order.
50		Orders involving expense to parties to be after notice and hearing.
51		Contents of order.
	(2)	Substantial compliance with Act only required.
52		When orders effective.
	(2)	Lapse of order.
SERVICE OF ORDERS
53		Service generally.
	(2)	Service within 10 days.
54		Enforcement of orders.
	(2)	When order to become lien against lands.
	(3)	Realization of amount payable.
	(4)	Sheriffs and constables to assist board.
55		Effect of publication in Gazette.
56		Finality of orders.
PENALTY
57		General penalty.
COSTS
58		Costs in discretion of board.
	(2)	Order for payment of costs.
	(3)	Scale of costs.
FEES
59		Tariff of fees.
	(2)	Deposit before certain inquiries made.
	(3)	Audit.
APPEAL
60		Grounds of appeal.
	(2)	Leave to appeal.
	(3)	Setting down for hearing.
	(4)	Transmission of material to court.
	(5)	Inferences by court.
	(6)	Board to be heard.
	(7)	Costs of appeal.
	(8)	Immunity of board.
	(9)	Return of material to board.
PART II AFFAIRS OF LOCAL AUTHORITIES LOANS BY MUNICIPALITIES AND SCHOOL DISTRICTS
61		When authorization to be applied for.
62		How application made.
63		Local authority to await disposal of application.
64		Duty of board.
65		Law and by-laws to be observed.
66		Notice to local authority of result.
67		Form of authorization upon debentures.
	(2)	Signature may be printed.
	(3)	Formalities.
68		Supervision of expenditure.
69		Order requiring vote of ratepayers.
INVESTIGATION OF LIABILITIES
70		Sections not applicable to Winnipeg.
71		Special inquiry.
	(2)	Requests by municipalities and school districts.
72		Notice of inquiry.
	(2)	Publication.
	(3)	Sufficiency.
73		Stay of proceedings.
	(2)	Effect of publication of notice.
74		Temporary relief to local authority.
75		Ratification of agreements.
	(2)	Effect of ratification.
DEBT ADJUSTMENTS
76		Powers after inquiry.
77		Procedure to obtain adjustment.
	(2)	Proposed plan.
	(3)	Making of order.
	(4)	Consent to order.
	(5)	Report to minister.
	(6)	Dispatch of copies of report.
	(7)	Petition against order.
	(8)	Approval of order.
78		Approval of Lieutenant Governor in Council, and issue of order.
	(2)	Validity of order.
79		Stay of proceedings.
	(2)	Time to run after stay.
ADMINISTRATION AFTER ORDER
80		Appointment of supervisor.
	(2)	Duties and powers.
81		Annual estimates to be approved by board.
	(2)	School districts.
	(3)	Duty of local authority.
	(4)	Supplemental estimates.
	(5)	Validation clause.
82		Liability for unauthorizing borrowing or application of money.
	(2)	Additional penalty.
83		Disposal of unexpended moneys.
GENERAL
84		Form of securities.
85		Validity of securities.
86		Power to validate certain acts of local authorities.
87		By-laws to remain in effect.
88		Statutes to apply.
PART III COMPROMISE OF ARREARS OF TAXES
89		"Compromise" defined.
90		When ordered.
91		What may be provided for.
92		Transfer of title on non-payment.
93		Debentures to cover shortage in tax assets.
94		Book entries.
PART IV PLANS OF SUBDIVISIONS
95		Application for cancellation of plans.
	(2)	Effect of cancellation of plan.
	(3)	Approval of application by Winnipeg council.
	(4)	Filing of copy of approval.
	(5)	Meaning of "plan of subdivision", etc.
96		Vesting of land.
	(2)	Consent to vesting of Crown interest.
97		Compensation.
	(2)	Transfer of equities.
98		Definition of "right or interest".
99		Change in assessment.
100		Taxes may be enforced against area.
101		Highways, streets, etc.
	(2)	Entry on mortgage.
	(3)	"Mortgagee", "mortgage", "mortgagor".
102		Duties of district registrar.
103		Effect of order.
BUILDING RESTRICTION CAVEATS
104		Power to vary caveats.
	(2)	Effect of order.
	(3)	Approval of City of Winnipeg.
PART V MISCELLANEOUS
105		Power of board to perform assigned duties.
106		Annual report of board.
	(2)	Report submitted to Legislature.