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

R.S.M. 1988, c. N100

The Northern Affairs Act

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

PART I

INTERPRETATION

Definitions.

1

In this Act

"auditor" means a person appointed under this Act to audit the books and accounts of a community council, local committee or an incorporated community; ("vérificateur")

"community" means an area in Northern Manitoba in respect of which a community council is established; ("communauté")

"community council" means the community council, elected under this Act and includes the mayor of the community; ("conseil communautaire")

"district" means an area in Northern Manitoba defined as a district by the Lieutenant Governor in Council pursuant to the Act; ("district")

"fund" means The Northern Affairs Fund continued by this Act; ("Fonds")

"incorporated community" means a district the residents of which have been incorporated pursuant to this Act and "incorporated community council" means its council; ("communauté constituée")

"local committee" means a local committee of residents of an area of Northern Manitoba for which there is not a community council and which is not in an incorporated community elected under this Act and includes the chairperson thereof; ("comité local")

"local services" means services of a type that may be provided in a municipality at the expense, either wholly or partly, of a municipality or of a school district, school division, or school area, and without limiting the generality of the foregoing includes

(a) water supply and water distribution systems,

(b) sewage systems and sewage disposal plants,

(c) garbage and waste disposal facilities,

(d) local roads and sidewalks,

(e) local drains and drainage systems,

(f) fire and police protection,

(g) street lighting,

(h) planning,

(i) recreation facilities including parks,

(j) transportation facilities including ferries, wharves, docks and facilities for the landing of aircraft,

(k) libraries,

(l) weed control, and

(m) schools; ("services locaux")

"members of an incorporated community council" include the mayor; ("membre du conseil de la communauté constituée")

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

"Northern Manitoba" means all that part of Manitoba north of the northern boundary of township 21 that is not included in

(a) a wildlife management area or refuge designated as such under The Wildlife Act; or

(b) a provincial forest designated as such under The Forest Act; or

(c) a municipality or local government district; or

(d) any area designated by the Lieutenant Governor in Council for the purposes of this Act. ("Nord")

Further definitions.

2

In this Act, or in a provision of The Municipal Act incorporated by reference into this Act, the following words or terms have the same meaning as they have in The Municipal Act:

"assessment" "business", "business assessment", "business tax", "Canadian citizen", "charge", "charter", "corporation", "the Crown", "Crown agency", "highway", "householder", "justice" or "justice of the peace", "land", "latest revised assessment roll", "magistrate", "member" or "members", "minister", "municipality", "officer" or "officer of the municipality" or "officer of a municipality", "owner", "personal estate" or "personal property", "prescribed", "rate", "real estate" and "real property", "real owner", "registered owner", "regulations", "running at large" or "run at large", "treasurer", and "urban polling subdivision".

PART II

MINISTER'S POWERS

Successor of commissioner.

3

The minister is the successor of the Commissioner of Northern Affairs for all purposes.

Co-ordination of programs.

4(1)

The minister shall co-ordinate the activities of the government in Northern Manitoba.

Provision of services.

4(2)

Any department of the Executive Government of the province, and any agency of the Crown, with the consent of the minister in charge of the department or the chief officer in charge of the agency of the Crown may do such things, or provide such services, in or in respect of Northern Manitoba, an area in Northern Manitoba, or an incorporated community, as the minister may request.

Powers of minister.

4(3)

In addition to his other powers, rights, duties and responsibilities under this Act, the minister may assist communities and incorporated communities in providing, maintaining and improving local services in the communities and incorporated communities or any one or more of them, by such means as he deems appropriate, and without restricting the generality of the foregoing, he may assist in planning, organizing, developing, carrying out, administering and financing programs for the provision of local services in the communities and incorporated communities, or any one or more of them.

Powers, similar to municipality.

5(1)

Subject to subsection (3), and the other provisions of the Act, in Northern Manitoba except in the incorporated communities, the minister has the powers, rights, privileges and duties that a municipality has within its boundaries and the minister shall exercise and perform these powers, rights, privileges and duties.

Power of assessment

5(2)

Without limiting the generality of the foregoing, the residents of Northern Manitoba or of any community, except the residents of an incorporated community, may, through the minister, and subject to the regulations, provide for the assessment of property, the levying of taxes, and the imposition of fees in lieu of taxes, in any community; and the provisions of The Municipal Act, and The Municipal Assessment Act respecting the assessment of property, the collection of taxes, and the sale or disposal of property for nonpayment of taxes, apply with such modifications as the circumstances require, where the powers given under this subsection are exercised.

Minister's additional powers.

5(3)

Subject to the other provisions of this Act, to the extent that they have not been delegated to incorporated communities under this Act, the minister may exercise the powers, rights, privileges and duties that a municipality has within its boundaries, in each incorporated community.

Maximum mill rate.

5(4)

Where, under this Act, taxes are levied by the minister on the basis of assessment of property in any community, the rate of tax shall not exceed the rate determined from time to time by the Lieutenant Governor in Council for the purpose of this section.

Power to make by-laws.

5(5)

Subject to subsections (1) and (3), where the exercise or performance of the powers, rights, privileges or duties referred to in those subsections require the passing of a by-law, or the making of a resolution, the minister may make the by-law or the resolution for or on behalf of the residents of Northern Manitoba, a community or an incorporated community.

Application of by-laws.

5(6)

The by-law or resolution may be made to apply to the whole or any part of Northern Manitoba except an incorporated community, to one or more incorporated communities, or to an area in an incorporated community, as the case may be, and may define an area in Northern Manitoba by reference to a photogrammetric survey.

Programs and projects.

6(1)

The residents of Northern Manitoba, a community, and where subsection 5(3) applies, an incorporated community, may, through the minister, carry out projects and programs that may be required in Northern Manitoba or the community.

Minister may contribute to cost

6(2)

The government may pay for or contribute to the cost of providing maintaining, or improving a local service, or the cost of carrying out any program for the benefit of the residents of Northern Manitoba, an area of Northern Manitoba, or for the benefit of an incorporated community.

Agreements with Canada.

7(1)

Without limiting the rights and powers of the minister under section 6, but subject to the other provisions of this Act, the minister may, with the approval of the Lieutenant Governor in Council, enter into agreements on behalf of the Government of Manitoba, on such terms as he may deem appropriate, with the Government of Canada, an agency thereof, or any person

(a) for the purpose of establishing and developing new townsites and encouraging the establishment or expansion of industry in Northern Manitoba;

(b) for the purpose of providing, maintaining, or improving local services for the benefit of the residents of Northern Manitoba, a community or an incorporated community; or

(c) for the purpose of assisting any community or incorporated community in Northern Manitoba in any matter and in the planning, organizing, developing, carrying out, administering, and financing of any program for the benefit of the residents thereof;

and, without limiting the generality of the foregoing, any incorporated community, municipality, municipal district, local government district, school district, school division, or school area, may be a party to any such agreement.

Terms of agreement.

7(2)

Without limiting the generality of the foregoing, an agreement made under subsection (1) may provide

(a) for the payment of grants in lieu of taxes by any party to the agreement; and

(b) for the payment, by any party to such an agreement, of such monetary or other contribution to the province, community council, an incorporated community, local committee, municipality, municipal district, local government district, school district, school division, or school area as may be appropriate.

Tax exemption under agreements.

7(3)

Notwithstanding any other provision of this Act, any tax exemption conferred by the minister in an agreement entered into under this Act applies only to taxes imposed by an incorporated community, a municipality, a local government district, a school district, school division, or school area, that has jurisdiction or that assumes jurisdiction from the minister or to taxes for which the minister has made provision under section 5.

Agreement with incorp, communities.

7(4)

The minister may make arrangements or agreements with a community council, and incorporated community, a local committee or any person, respecting

(a) the provision, maintenance, or improvement of a local service;

(b) the provision of planning and management services;

(c) the carrying out of any program in Northern Manitoba, a community, an incorporated community, or an area in Northern Manitoba;

(d) the establishment, acquisition and operation of a commercial or industrial business or activity by an incorporated community; or

(e) any one or more of them; and any such arrangement or agreement with a community council or an incorporated community may provide for the sharing of costs between the government and the community council, or the incorporated community, as the case may be.

Not to participate in business.

7(5)

For the avoidance of doubt, subsection (4) does not authorize the minister to establish, acquire or operate a commercial or industrial business or activity himself or in partnership with an incorporated community.

Minister acquiring real property.

8(1)

The minister may acquire by purchase, lease, expropriation or otherwise real property in Northern Manitoba which is necessary to provide local services, to carry out a program, or to perform any of his powers, rights, privileges and duties under this Act.

Minister acquiring personal property.

8(2)

The minister may acquire, by purchase, lease or otherwise such personal property including but not so as to restrict the generality of the foregoing, machinery, equipment and supplies, as in his opinion is required for the provision of local services, the carrying out of a program or the performance of any of his powers, rights, privileges and duties under this Act.

Disposal of real property.

8(3)

All real property so acquired is Crown land within the meaning of The Crown Lands Act and vests in, and shall be in the name of, the Crown in right of Manitoba; subject to the provisions of this Act it may be disposed of as provided in The Crown Lands Act.

Disposal of personal property.

8(4)

The ownership of all machinery, equipment, supplies and personal property acquired pursuant to subsection (2), vests in, and shall be in the name of the minister and he may transfer, lease or otherwise dispose of such property when no longer required.

Approval of minister.

9(1)

Notwithstanding The Crown Lands Act, no disposition of any Crown land in Northern Manitoba, shall be made without the prior approval of the minister.

Minister to consult

9(2)

Where the land referred to in subsection (1) is located in a community, an incorporated community, or within eight kilometres from the boundaries of any of them, before approving the disposition, the minister shall consult the community council, the local committee or the incorporated community council, as the case may be, as to the desirability of approving the disposition.

Meaning of "occupier".

9(3)

In Northern Manitoba, for the purposes of The Crown Lands Act, "occupier" has the meaning it has in The Municipal Assessment Act.

Minister giving or refusing approval.

10(1)

Whenever, under a provision of The Municipal Act that is incorporated by reference into this Act, or under a provision of The Housing and Renewal Corporation Act, The Municipal Board Act, The Planning Act, The Real Property Act, or any other Act which is made applicable in whole or in part to incorporated communities, the approval, consent, authorization, direction or certificate of the minister charged with the administration of The Municipal Act or other Act, The Municipal Board, or The Public Utilities Board is required to be given before,

(a) a by-law or resolution may be passed or made;

(b) a by-law or resolution comes into effect; or

(c) a plan of subdivision may be registered;

the requirement shall be deemed to be a requirement that the minister gives his approval, consent, authorization, direction, or certificate, as the case may be; but the minister is not required to conduct a hearing in any case, before giving or refusing his approval, consent, authorization, direction or certificate.

Non-application of subsection (1).

10(2)

Subsection (1) does not apply to Division I of Part XV of The Municipal Act that is incorporated by reference into this Act.

Inquiry.

10(3)

Wherever the approval of the minister is required, before giving his approval, the minister may appoint a person who, in his opinion, is suitable and qualified to conduct an inquiry into the matter or thing in respect of which the minister's approval is sought and to report thereon to the minister in writing together with his recommendations, if any.

Remuneration.

10(4)

The minister may remunerate persons appointed to conduct inquiries pursuant to subsection (3) and may pay all costs of the inquiries from the fund.

Powers.

10(5)

A person appointed to conduct an inquiry pursuant to subsection (3) has the same right of power and to information as an auditor pursuant to section 77.

Power to compel attendance of witnesses.

10(6)

The person appointed to conduct an inquiry under subsection (3) may require any person to appear before him and give evidence on oath, and for that purpose he has the same power to summon 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.

Copy of report.

10(7)

On receipt of the report of a person appointed to conduct an inquiry pursuant to subsection (3) and before accepting or rejecting his recommendations in whole or in part the minister shall send a copy of the report by registered mail to the clerk of the incorporated community, or to the community council and to any person who notified him of his desire to receive it and gave the minister his address; but the requirements of this subsection shall be deemed to be satisfied if copies of the report are delivered to the address of the person notifying the minister, and to the offices of the incorporated community, or community council, as the case may be.

Copy of report to be posted.

10(8)

On receipt of the copy of the report referred to in subsection (7) the clerk of the incorporated community or the mayor of the community council shall post it for at least two consecutive days in the community centre, if any, located in the incorporated community or community and the offices of the incorporated community or community council, if any.

Fund continued.

11(1)

The Northern Affairs Fund is continued and the minister may open or continue, and maintain bank accounts for the operation of the fund.

Deposit of receipts for fund.

11(2)

All receipts of the fund shall be promptly deposited in a bank account.

Credits to fund.

11(3)

The minister shall credit to the fund

(a) moneys advanced to the minister from the Consolidated Fund on the requisition of the minister, including any grants payable to the minister under The Unconditional Grants Act;

(b) moneys advanced or paid to the minister by the Government of Canada or any agency thereof pursuant to any agreement or arrangement made between the minister and the Government of Canada or any agency thereof;

(c) moneys advanced or paid to the minister by the government, or any agency thereof, under any arrangement or agreement between the minister and the government, a minister thereof, or an agency thereof;

(d) moneys advanced or paid to the minister by any person under any agreement made between the minister and that other person;

(e) all taxes collected by the minister under this Act;

(f) all moneys donated or granted to the minister for the purposes of this Act; and

(g) all proceeds from the sale or rental of property acquired by the minister for the purposes of this Act.

Payments from fund.

11(4)

Except as provided in section 12, all payments required to be made by the minister for the purposes of this Act, or for the purposes of any agreement or arrangement made under this Act, shall be made from the fund by cheque and upon requisition signed by the minister, or a person designated by him.

Accounts of fund.

11(5)

The minister shall maintain accounts for the fund satisfactory to the Provincial Auditor.

Fiscal year of fund.

11(6)

The fiscal year of the fund shall be the same as the fiscal year of the government.

Not part of Consolidated Fund.

11(7)

Subject to subsection (8), the moneys in the fund do not form part of the Consolidated Fund but are the property of Her Majesty in right of Manitoba.

Investment of surplus.

11(8)

The minister may pay to the Minister of Finance for investment for and on behalf of the fund any moneys not immediately required for the purposes of this Act, and the moneys so paid shall form part of the Trust and Special Division of the Consolidated Fund and the interest earnings thereon shall be credited to the account of the fund in the Trust and Special Division of the Consolidated Fund; and all moneys credited to the account of the fund in the Trust and Special Division of the Consolidated Fund shall be paid to the minister on his requisition.

Audit.

11(9)

The accounts of the fund shall be audited at least once a year by the Provincial Auditor and his report and financial statements for each fiscal year of the fund shall include a balance sheet and a statement of revenue and expenditure.

Auditor's report in Public Accounts.

11(10)

The report of the Provincial Auditor and financial statements in respect of the fund shall be included in the Public Accounts of the government.

Grants to community councils.

12(1)

Where a community council is functioning in an area, the minister may pay any grants received by him under The Unconditional Grants Act in respect of the residents of that area to the community council for its use absolutely.

Grants to local committee.

12(2)

Where a local committee is functioning in an area, the minister may pay all or part of any grants received by him under The Unconditional Grants Act in respect of the residents of that area to the local committee for its use absolutely.

PART III

LOCAL COMMITTEES AND COMMUNITY COUNCILS

Establishment of local committees.

13(1)

Where the minister deems it advisable in the interests of the residents of an area in Northern Manitoba, other than an area in respect of which a community council is functioning, or which is included in an incorporated community, he may appoint a local committee composed of residents of the area, to assist him,

(a) in providing, maintaining and improving local services in the area; and

(b) by acting in an advisory and consultative capacity to him; and subject to the written approval of the minister, a local committee may enter into agreements and make arrangements necessary to provide, maintain, and improve local services in the relevant area of Northern Manitoba.

Boundaries.

13(2)

The minister may determine the boundaries of the area in which a local committee is to function in such manner and by such means, including the use of photogrammetric surveys, as he considers appropriate.

Remuneration of local committees.

13(3)

The minister shall pay the members of local committees such out-of-pocket expenses and remuneration for the performance of their duties as members as provided in regulations and may pay them out of the funds allocated to the local committee.

Community councils continued.

14

Subject to the other provisions of this Act, community councils established before this Act comes into force, are continued, and the minister, from time to time, may determine the boundaries of the area in respect of which a community council functions in such manner and by such means including the use of photogrammetric surveys, as he considers appropriate.

Elections.

15(1)

The election of members of community councils and members of local committees shall be held in accordance with the regulations.

Terms of office.

15(2)

Each member of a community council or local committee shall be elected for a term of three years.

Powers of community councils.

15(3)

Each community council, may do all things necessary to achieve its purposes; and, subject to the written approval of the minister, it may enter into agreements and make arrangements necessary to provide, maintain, and improve, local services in the community.

Remuneration of community councils.

16

Members of community councils may be paid from and out of the funds of the community council,

(a) their out-of-pocket expenses incurred in the performance of their duties as members; and

(b) remuneration in accordance with the regulations.

Meetings, disclosure and translation.

17

Subsections 41(1) to (3), clauses 50(f), (g) and (i) and section 54 apply, with such modifications as the circumstances require, to community councils and local committees.

Personal liability of members.

18(1)

The members of a community council or a local committee are not personally liable for the debts of the community council or the local committee, as the case may be.

Accounts.

18(2)

Each community council and each local committee shall keep books of account of their receipts and expenditures which shall be audited by an auditor appointed by the minister; and the auditor shall send a copy of the report to the community council or local committee concerned.

Acquiring property.

19

A community council and a local committee may accept donations, grants, and gifts, may acquire personal property necessary for its purposes and may dispose of such personal property when it is not required for its purposes.

Misuse of powers.

20

Where the minister is satisfied that a community council or a local committee is misusing its funds or is not looking after its affairs in a proper and straight forward manner or cannot or is unlikely to be able to meet its obligations as they fall due, he may, with the approval of the Lieutenant Governor in Council,

(a) take over the assets, including any cash or credits of the community council or a local committee;

(b) assume the obligations of the community council or local committee; and

(c) take possession of the books of account, records and other documents of the community council or local committee;

or appoint a person to do those things on his behalf; and he may, with the approval of the Lieutenant Governor in Council, dissolve the community council or local committee.

PART IV

INCORPORATION

Incorporated communities.

21(1)

On receipt of a petition signed by at least 15 adult residents of an area in Northern Manitoba, which may include the whole of a community for which a community council has been established or an area for which there is a local committee, the minister may establish the area as a district and may recommend to the Lieutenant Governor in Council that the residents of the district so defined be incorporated as an incorporated community.

Form and contents of petition.

21(2)

The petition referred to in subsection (1) and the signatures thereto, shall

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

(b) describe by reference to a survey, or landmarks, the boundaries of the area, which it is proposed should be defined as a district.

Notice of petition.

21(3)

Prior to making the recommendation referred to in subsection (1), the minister shall direct that notice of the petition be given to the adult residents of the area referred to in clause (2)(b), in such manner as he considers to be appropriate.

Contents of notice.

21(4)

The notice referred to in subsection (3) shall describe the area which it is proposed should be defined as a district and the residents of which should be incorporated as an incorporated community, and shall invite any person objecting thereto to give his objection in writing together with a brief statement of the reasons for it, to the minister by a date specified by the minister and set out in the notice.

Definitions of district

22(1)

With the approval of the Lieutenant Governor in Council, the minister may establish the area referred to in subsection 21(1) as a district by defining its boundaries by reference to a survey based on astronomic bearings; provided that, if in the opinion of the minister a survey based on astronomic bearings is not available when he decides to define the district, its boundaries may be defined by reference to a photogrammetric survey.

Survey based on astronomic bearings.

22(2)

Notwithstanding any other provision of this Act, where the minister has defined the boundaries of a district by reference to a photogrammetric survey at any time thereafter he may define the boundaries by reference to a survey based on astronomic bearings which shall be substituted for the former survey for all purposes.

Incorporation.

22(3)

The Lieutenant Governor in Council, may direct the Minister of Consumer and Corporate Affairs to incorporate the residents of the district defined pursuant to subsection (1) as an incorporated community.

Notice of incorporation.

22(4)

Forthwith after the issue of letters patent incorporating an incorporated community, the Minister of Consumer and Corporate Affairs shall cause a copy thereof to be published in one issue of the Manitoba Gazette.

Minister to name day.

23

Where the minister directs the incorporation of the residents of an area which includes the whole of a community for which a community council has been established or for which there is a local committee, he shall name the date on which the community council or the local committee, as the case may be, ceases to exist and the date on which the incorporated community and its council may commence to exercise the rights, powers, duties and responsibilities delegated to them by this Act.

Successor to property.

24

Where section 23 applies, the incorporated community is the successor to and the continuation of the former community council or local committee for all purposes and all the property and assets in which the community council or local committee had an interest and all the liabilities incurred in the name of the community council or local committee are vested in and are the responsibility of the incorporated community.

Employees.

25

Where section 23 applies, the incorporated community council shall offer to employ every person who immediately before such incorporation was employed by the former community council or local committee on the same terms and conditions as he was employed by that community council or local committee.

Employee benefits.

26

Where an incorporated community employs a person theretofore employed by a former community council or local committee pursuant to section 25,

(a) the employee shall be deemed to remain an employee of the former employer for the purposes of any sick leave credit plan of that former employer until a sick leave credit plan for the incorporated community employees is established;

(b) the incorporated community shall, during the first year of his employment by the incorporated community provide for that employee vacation and holidays with pay equivalent to those to which he would have been entitled if he had continued to be employed by the former employer; and

(c) all the other terms of employment of that employee, including the amount of his remuneration and pension or superannuation rights and group insurance benefits, if any, shall not be less favourable to him than those he enjoyed in the employment of the former employer.

Inordinate increase in benefit

27

Notwithstanding clause 26(c), where a community council or local committee gives to an employee an inordinate increase in benefits or salary, the minister may reduce the increase in benefits or salary to a level which, in the opinion of the minister, recognizes the training, experience and length of service of the employee and the benefit or salary so reduced shall be deemed the benefits or salary received by the employee from the community council or local committee for the purposes of section 25.

Continuation of actions against.

28(1)

Where section 23 applies and an action is pending against the former community council or local committee, the action may be continued against the incorporated community as the successor of the community council or local committee, as the case may be.

Continuation of actions by.

28(2)

Where section 23 applies and an action commenced by the former community council or local committee is pending, the action may be continued by the incorporated community as the successor of the community council or local committee, as the case may be; but the law and procedure applicable to the action immediately before the former community council or local committee ceased to exist remains applicable until completion of the action.

Transfer and vesting of rights.

29

All rights, claims, estates, property, obligations and liabilities, of, against, vested in, due or payable to or owing or payable by each former community council or former local committee before it ceased to exist pursuant to section 23 become, on the day it ceases to exist, and are rights, claims, estates, property, debts, obligations and liabilities of, vested in, due or payable by, the successor incorporated community.

Contents of instrument of incorp.

30

The letters patent incorporating an incorporated community, shall,

(a) subject to subsection 22(1), describe the boundaries of the district, the residents of which are incorporated and name the incorporated community;

(b) specify whether the mayor is to be elected by the electors of the incorporated community or is to be elected pursuant to subsection 34(3);

(c) specify the number of members of the incorporated community council if the mayor is to be elected by the council from its members or specify the number of members of the council in addition to the mayor if subsection 34(1) applies;

(d) designate the first enumerator, the first revising officer and the first returning officer and assistants to them or any one or more of them, for the incorporated community;

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

(f) notwithstanding regulations made under section 109 specify the date and time when, and the place where, nominations of candidates for members of the first incorporated community council shall be made;

(g) notwithstanding regulations made under section 109, specify the date and time when elections shall be held for the members of the first council of the incorporated community;

(h) notwithstanding subsection 89(1), specify the commencement and termination dates of the incorporated community's first fiscal year;

(i) specify the date, time and place of the first meeting of the first incorporated community council;

(j) designate the person to act as clerk of the incorporated community until the council appoints a clerk;

(k) subject to regulations made under section 109, fix the terms of office of the members of the first council; and

(l) make such additional provisions as in his opinion are necessary for the establishment of the incorporated community and the election and operation of its first council.

Alteration of dist. boundaries.

31(1)

The minister, with the approval of the Lieutenant Governor in Council, may alter the boundaries of a district defined under this Act at any time, and where he does so, subsection 22(1) applies with such modifications as the circumstances require provided that before acting pursuant to this subsection, the minister shall consult with the council of the incorporated community concerned and with the adult residents of the area or areas which he considers might be included in or excluded from the district, in such manner as he considers appropriate.

Review of dist. boundaries.

31(2)

The minister shall review the appropriateness of the boundaries of each district defined under this Act at least once each five years after the incorporation of its residents as an incorporated community after consultation with the incorporated community council and such other persons as he considers appropriate.

Order altering dist boundaries.

31(3)

Where the minister alters the boundaries of a district pursuant to subsection (1), the order takes effect on the day named in it and the residents of the district as altered continue to be incorporated as the incorporated community.

PART V

POLITICAL ORGANIZATION

Incorporated community councils.

32

Each incorporated community council comprises the mayor and such number of other members of council as is specified either in the letters patent incorporating the incorporated community or regulations made pursuant to section 109.

Term of members other than mayor.

33

Subject to regulations made pursuant to section 109, the members of an incorporated community council shall be elected for a term of office of two years and elections for 1/2 of such members, except the mayor, shall be held every year.

Term of mayor.

34(1)

Subject to regulations made pursuant to section 109, the mayor of an incorporated community council shall be elected by the electors of the incorporated community for a term of office of two years.

Election of mayor.

34(2)

Notwithstanding subsection (1) the mayor of an incorporated community council shall be elected by a majority of the council from its members where the letters patent incorporating the incorporated community, or regulations made pursuant to section 109 so provide.

Election of mayor from members.

34(3)

Where subsection (2) applies

(a) the mayor shall be elected by a majority of the members of the whole council from its members at its first meeting following an election for a term of one year and shall hold office until the first meeting of the council following the next election;

(b) where the members of the council are unable to elect a mayor, the chairman may adjourn the meeting to the third following day that is not a holiday, and if the mayor is not then elected, he shall forthwith report that fact to the minister, who shall thereupon appoint a member of the council to be the mayor;

(c) should the mayor die, resign, or be removed from office, the council shall by a vote of the majority of the members of the whole council, at the first regular meeting of the council held after the office becomes vacant, elect a new mayor to hold office for the unexpired balance of the former mayor's term and clause (b) applies with such modifications as the circumstances require; and

(d) the mayor may be removed from office by the vote of a majority of the whole council at any time, following 30 days written notice of motion.

Exercise of powers by residents.

35(1)

Within five years following the incorporation of each incorporated community, the minister shall consult with its adult residents in such manner as he considers appropriate, and after such consultation, may recommend to the Lieutenant Governor in Council that subsections (3) to (7) apply to that incorporated community.

Order of L. G. in C.

35(2)

After receiving the recommendation referred to in subsection (1) the Lieutenant Governor in Council may order that subsections (3) to (7) apply to an incorporated community; but the order is not effective until it has been published once in the Manitoba Gazette.

Effect of order.

35(3)

Notwithstanding any other provision of this Act, but subject to regulations made pursuant to section 109, after the order referred to in subsection (2) comes into effect, the adult residents of the incorporated community who are present at a regular or special incorporated community meeting shall exercise those powers otherwise delegated by this Act to the council and which are referred to in subsection (4).

Powers of residents.

35(4)

Where subsection (3) applies, the adult residents of the incorporated community have and may exercise the powers delegated to incorporated community councils by regulations made pursuant to Part VII and by Part IX of this Act, subject to the same limitations, restrictions and rights of appeal as apply where the powers are exercised by incorporated community councils.

Powers of councils.

35(5)

For the avoidance of doubt, after the order referred to in subsection (2) comes into effect, the council of the incorporated community continues to have the rights, powers, responsibilities and duties provided in this Act, except to the extent that they are delegated to the adult residents of the incorporated community by this section.

Recommendation to be read.

35(6)

Prior to discussion of a matter in respect of which a power referred to in subsection (4) may be exercised at an incorporated community meeting, the mayor, deputy mayor or clerk shall read or cause to be read the recommendation of the incorporated community council as to the exercise of the power in question.

Application of Municipal Act

35(7)

Section 36, and sections 40 to 53 of The Municipal Act apply with such modifications as the circumstances require to the adult residents of an incorporated community who participate in an incorporated community meeting held pursuant to subsection (3).

Forfeiture of seat.

36

Sections 47 to 50 of The Municipal Act, apply with such modifications as the circumstances require to incorporated community councils.

Vacating seat

37(1)

Where, after the election of a person as a member of an incorporated community council, he

(a) fails, except where prohibited from attending pursuant to section 36, to attend three consecutive regular meetings of the incorporated community council without being authorized so to do by a resolution of the incorporated community council entered in its minutes; or

(b) becomes, under the provision of this Act, disqualified for election as, or to be or remain, a member of the incorporated community council;

he thereby forfeits his seat on the incorporated community council.

Vacancies in council.

37(2)

Sections 67 to 69 of The Municipal Act apply with such modifications as the circumstances require to incorporated communities and the councils thereof.

Elections to fill vacancies.

37(3)

Sections 70 to 73 and sections 75 to 80 of The Municipal Act apply with such modifications as the circumstances require to incorporated communities and their councils.

Remuneration.

38(1)

No member of an incorporated community council is entitled to any payment, mileage, or indemnity except as is provided in this section.

Portion for expenses.

38(2)

Where a member of an incorporated community council is, under a by-law or a resolution of the council, paid an indemnity, or other remuneration, 1/3 of the amount shall be deemed to be for expenses incident to the discharge of his duties as a member of the council.

Condition as to indemnities.

38(3)

The by-law of an incorporated community fixing the amount of the indemnity to be paid to the mayor and other members of the council 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 the responsibilities, of the incorporated community.

Indemnities.

38(4)

Subject to regulations made pursuant to section 109, an incorporated community may, if a by-law of the council so provides, in lieu of all other indemnities, pay to the mayor and to each other member of council, monthly or annually, such indemnity as the council determines.

Travelling and other expenses.

38(5)

Subsections 111(1) to (5) of The Municipal Act apply with such modifications as the circumstances require to incorporated communities.

Irregularly called meeting.

39

Section 112 of The Municipal Act applies with such modifications as the circumstances require to incorporated communities.

Organization and general powers.

40

Subsection 4(1) and subsections 4(3) to (8), sections 81 to 86, sections 88 to 92, and sections 96 to 99 of The Municipal Act apply with such modifications as the circumstances require to incorporated communities.

Meetings.

41(1)

Every incorporated community council and committee thereof shall hold its meetings openly at the community centre in the incorporated community, or if there is none, at a suitable building in the incorporated community to which the public has access, where all business shall be transacted.

Minutes to be kept

41(2)

The incorporated community council shall cause minutes of every meeting of the council or a committee thereof, to be kept as provided herein.

Quorum.

41(3)

A majority of the whole number of members required to constitute the incorporated community council is necessary to form a quorum.

Application of Municipal Act.

41(4)

Subject to the other provisions of this Act, subsections 115(1) to (5), sections 116, 117, 119 and sections 121 to 126 of The Municipal Act, apply with such modifications as the circumstances require to incorporated community councils.

First meeting.

42

The incorporated community council shall not proceed with any business at its first meeting following an election unless

(a) there is a quorum; and

(b) each member present, whether or not elected at the last preceding election, has taken the declaration of election and qualification if such is required by regulation made under section 109.

Monthly meetings.

43

Notwithstanding any other provision of the Act, the incorporated community council ordinarily shall meet at least once each month.

Voting by members.

44(1)

Every member of the incorporated community council present when a question is put, including the mayor, shall vote thereon, unless a majority of the members then present excuse him or he is prohibited from doing so by this Act.

Voting by mayor.

44(2)

When there is an equality of votes cast inclusive of his own vote, the mayor shall not give a casting vote.

Special meetings.

45(1)

A special meeting of an incorporated community council may be convened at any time by the mayor or by not fewer than three of its members, by giving before any such meeting, a reasonable notice thereof in writing, which includes a statement of the subjects to be considered and is delivered to the residence of each of its members in the incorporated community; provided that a copy of the notice shall be posted for at least three hours before any such meeting in the community centre, if any located in the incorporated community and in the office of the incorporated community.

Application of Municipal Act.

45(2)

Where a special meeting is convened pursuant to subsection (1), sections 128 to 131 of The Municipal Act apply with such modifications as the circumstances require.

Adjournment.

45(3)

Any ordinary or special meeting of an incorporated community council may be adjourned and section 132 of The Municipal Act applies with such modifications as the circumstances require.

Order of business.

46(1)

Subject to section 42 as soon as the mayor 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 mayor and chairman, and by the clerk; and the council shall then proceed to business.

Dispensing with reading of minutes.

46(2)

The incorporated community council may, by resolution waive the reading of the minutes of the last preceding meeting if a copy thereof has been delivered to the residence of each member at least 24 hours before the next succeeding meeting.

Minutes to be posted.

46(3)

Notwithstanding subsections (1) and (2), a copy of the minutes of each meeting shall be posted, by the clerk in the community centre, if any, located in the incorporated community and in the offices of the incorporated community for at least two days prior to the meeting of the council at which the minutes are to be confirmed.

Participation by residents.

47

Each incorporated community council shall,

(a) at least once each year invite all residents of the community to attend and participate in a public meeting in discussions of the current and proposed programs for the incorporated community;

(b) conduct a public meeting or meetings of residents of the incorporated community to facilitate participation by them in the preparation of the annual estimates for the incorporated community;

(c) conduct a public meeting or meetings at least quarterly to consider progress reports on the programs and projects of the incorporated community; and

(d) at one of the public meetings referred to in this subsection present for discussion, the annual statement of revenues and expenditures of the incorporated community.

Notice of meetings.

48

Notice of the meetings referred to in section 47 shall be given by posting a copy of it in the community centre, if any, in the incorporated community and in the offices of the incorporated community, for at least 14 consecutive days prior to the meeting in question.

Proposed by-laws to be posted.

49

Notwithstanding any other provision of this Act, no by-law shall be finally enacted unless a notice describing the substance and effect of the by-law is posted for at least seven consecutive days in the community centre, if any, in the incorporated community and in the offices of the incorporated community.

Disclosure of information.

50

The clerk of each incorporated community shall at any time when the offices of the incorporated community 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 role;

(b) the latest tax roll;

(c) the latest list of voters;

(d) any financial statement incurred by the treasurer;

(e) any report of the auditor;

(f) the minutes of any council meeting or of any committee meeting;

(g) all attachments to and reports referred to in the minutes of any council meeting and committee meeting;

(h) any by-law or resolution enacted by the council; and

(i) the agenda of any committee meeting.

Copies of by-laws.

51

The clerk of an incorporated community shall, on payment of the proper fee therefor, provide to any person interested in any by-law, order or resolution, a copy of the by-law, order or resolution certified under his hand and under the corporate seal of the incorporated community.

Inspection of records.

52

Without limiting the generality of section 50, but subject to the provisions of regulations made pursuant to section 109, any person may inspect voters' lists, poll books and other documents pertaining to an election in the possession or under the control of the clerk, at all reasonable times, and the clerk shall, within reasonable time furnish copies thereof to any applicant at a charge to be determined by the incorporated community council.

Inspection of other documents.

53

With the approval of the incorporated community council, as shown by resolution thereof, the clerk shall produce for the examination of any person, on his demand, any record or document of the incorporated community in the possession or under the control of the clerk which is not referred to in sections 50 to 52.

Translation of council debates.

54

Any member of an incorporated community council at any regular or special meeting, may require that the motion, debate, resolution, or by-law be translated into a language which he declares that he understands; but the chairman of the meeting may require him to make his declaration under oath.

Chairman of meetings.

55(1)

The mayor shall preside at all meetings of the incorporated community council whenever he is present and he or the other chairman shall,

(a) maintain order; and

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

Removal of persons from meetings.

55(2)

Where, at a meeting of the incorporated community council, any person other than a member of the council is, in the opinion of the mayor or other chairman, guilty of disorderly or improper conduct, the mayor 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.

55(3)

Where, at a meeting of the council, a member of the incorporated community 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.

Duties of mayor.

56(1)

Subject to subsection 55(1), the incorporated community council may, by by-law, define the duties and the responsibilities of the mayor.

Mayor may administer oath.

56(2)

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

Appointment of deputy mayor.

57(1)

An incorporated community council may, by resolution, appoint from among its members a deputy mayor; provided that the deputy mayor may be removed from office by a majority of the members of the council following at least seven days written notice of motion given by at least two members of the council.

Duties and powers of deputy mayor.

57(2)

While acting as the chairman of the incorporated community council, the deputy mayor shall perform and exercise the duties and powers of the mayor.

When deputy mayor to act.

57(3)

Where the office of the mayor is vacant by reason of the death or resignation of the mayor or of his refusal to act, the deputy mayor shall continue as acting mayor, until a new mayor is appointed or elected pursuant to this Act.

Other chairman of meetings.

58(1)

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

Powers of chairman.

58(2)

A chairman appointed under subsection (1) has the same authority, and shall exercise the same functions in presiding at the meeting as the mayor might have had or exercised if present.

Taking of oaths.

59

Section 4 of The Municipal Act, as it read prior to July 17, 1987, applies with such modifications as the circumstances require when an incorporated community has been incorporated pursuant to the Act.

Authentication of by-laws.

60

Every by-law of an incorporated community council shall be authenticated by,

(a) the seal of the incorporated community;

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

(c) the signature of one other member of the incorporated community council.

Procedure.

61(1)

Where a by-law is enacted by an incorporated community council, sections 188, 189, subsections 190(1), (2), (3) and (5), sections 191 and 194 to 202 of The Municipal Act apply with such modifications as the circumstances require.

Promulgation of by-law.

61(2)

A by-law enacted by an incorporated community council may be promulgated by posting a copy of it for at least two weeks in the community centre, if any, in the incorporated community and in the offices of the incorporated community and by publishing a notice of it once in the Manitoba Gazette which copy and notice sets 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 bylaw, 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 applications to quash by-law may be made which is not to be earlier than five weeks from the date the by-law was first posted)."

PART VI

ADMINISTRATIVE ORGANIZATION

Officers of incorp, communities.

62

The officers of an incorporated community are the mayor, the deputy mayor, the manager, if any, the clerk, the treasurer, the secretary-treasurer, if any, and also any full time employee of the incorporated community who is designated as an officer thereof by by-law enacted by the council.

Clerk.

63(1)

Every incorporated community council shall by by-law, appoint a clerk of the incorporated community who may be paid an annual salary.

Application of Municipal Act

63(2)

Where a clerk is appointed, subsection 141(2) and sections 142 and 143 of The Municipal Act apply, with such modifications as the circumstances require.

Treasurer.

64(1)

Every incorporated community council shall, by by-law appoint a treasurer of the incorporated community who may be paid an annual salary.

Application of Municipal Act

64(2)

Where a treasurer has been appointed pursuant to subsection (1), sections 145 to 150 of The Municipal Act apply with such modifications as the circumstances require.

Secretary-treasurer.

65(1)

The offices of clerk and treasurer may both be held by the same person, who shall in such case be called secretary-treasurer and section 151 of The Municipal Act applies with such modifications as the circumstances require.

Acting treasurer.

65(2)

Where a treasurer or secretarytreasurer has been appointed pursuant to this section, section 152 of The Municipal Act applies with such modifications as the circumstances require.

Manager.

66

An incorporated community council may pass a by-law appointing a manager for the incorporated community and if it does so, sections 153 and 154 of The Municipal Act apply with such modifications as the circumstances require.

Inspections and enforcement officers.

67

An incorporated community council may appoint an inspection and enforcement officer or officers and section 161 of The Municipal Act applies with such modifications as the circumstances require.

Officers and employees generally.

68

Subject to the other provisions of this Act, incorporated community councils have the same power to appoint, designate the duties and powers of, fix the remuneration of, and suspend or dismiss an officer or employee of the community, as a council of a municipality has pursuant to The Municipal Act, and sections 162 to 176 of The Municipal Act apply with such modifications as the circumstances require.

Auditor and book-keeping.

69

The minister shall,

(a) prescribe the manner in which the auditor shall prepare the statements and schedules which accompany the report required under section 77; 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 the treasurers of all incorporated communities.

Furnishing information to minister.

70

The auditor and the treasurer of each incorporated community shall furnish to the minister such information, returns, statements, and reports as he may require and the auditor shall make for the minister such further examinations and reports as the minister may require.

Treasurer and auditor to comply.

71

The treasurer and auditor of each incorporated community shall comply with all matters and things prescribed by, and all the requirements of, the minister under sections 69 and 70.

Appointment of auditors and assistants.

72

The minister 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.

73

The minister shall fix the remuneration of the auditors and that of the assistant auditors; and that remuneration, together with the expenses incurred by them in auditing the accounts of an incorporated community shall be paid by that incorporated community.

Qualifications of auditors.

74

In determining whether a person is qualified to be appointed as an auditor, the minister shall have regard to,

(a) his education;

(b) his training in accounting and auditing; and

(c) his practical experience in auditing.

Appointment of partnership.

75

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 section 74.

Assignment of auditors.

76

Each year the minister shall assign to each incorporated community an auditor appointed under section 72 or 75 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 Act of the due appointment and assignment of the auditor under this Act.

Annual audit and report.

77

Sections 604 to 615 of The Municipal Act apply with such modifications as the circumstances require to incorporated communities.

Minister may make orders.

78

For the purpose of carrying out the provisions of this section according to their intent, the minister may make such orders as are ancillary thereto and are not inconsistent therewith; and every 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 orders respecting,

(a) the manner in which receipts, moneys, and securities of an incorporated community shall be kept to preserve and protect the assets of the incorporated community;

(b) the use of assistants in connection with the making of an incorporated community audit; and

(c) such other matters and things as, in his opinion, are conducive to a thorough and systematic conduct of the affairs of an incorporated community, or any of them, by the treasurers and officers thereof.

Offences and penalties.

79

Sections 617 to 620 of The Municipal Act apply with such modifications as the circumstances require to incorporated communities.

PART VII

POWERS OF INCORPORATED COMMUNITY

Regulatory powers.

80(1)

Subject to the other provisions of this Act, the Lieutenant Governor in Council may make regulations which make applicable with such modifications as the circumstances require to an incorporated community, its council, officers, employees and individuals, of The Municipal Act,

(a) Subdivisions I, to VII, XIII, XIV, and XVI of Division I of Part V;

(b) Subdivisions I, II, IV, and V of Division II of Part V;

(c) section 287 and Subdivisions II, V and VI of Division III of Part V;

(d) Subdivisions II to VIII of Division IV of Part V;

(e) Subdivisions I to III, V to VII, IX and XI of Division V of Part V;

(f) Subdivisions I and IV of Division VI of Part V;

(g) Subdivisions II, and VII to X of Division VII of Part V;

(h) subsections 442(1), (2), (6) and Divisions I, III, VI and VII of Part VI; and

(i) Part XIII.

Rights and restrictions of individuals.

80(2)

Where regulations have been made pursuant to subsection (1), an individual affected by an act or omission for which an incorporated community is responsible, has the same rights and is subject to the same limitations and restrictions as if the act or omission had been one for which a municipality is responsible pursuant to the provisions of The Municipal Act referred to in subsection (1).

Municipal Act

80(3)

Notwithstanding subsection (1),

(a) subsection 212(2);

(b) clauses 245(1)(c) to (e) and (h) and (p) and subsections 245(2) and (4) to (6);

(c) subsection 345(3);

(d) sections 360 and 361;

(e) subsection 363(2);

(f) clause 368(b);

(g) subsection 380(2);

(h) section 381;

(i) sub-clause 386(1)(c)(ii); and

(j) section 387;

of The Municipal Act, do not apply to incorporated communities.

Power to levy taxes.

80(4)

An incorporated community's power to levy annual taxes pursuant to a regulation made under subsection (1), is deemed to be a power to levy annual taxes upon all taxable property in the incorporated community only.

No power to issue debentures.

80(5)

Notwithstanding subsection (1), where an incorporated community has power to contract a debt not payable within the year in which it is contracted pursuant to a regulation made under subsection (1), it does not have power to issue debentures.

Police services.

81(1)

The Lieutenant Governor in Council may make regulations authorizing an incorporated community council to appoint a chief constable and one or more constables and may make applicable section 291 and sections 293 to 295 of The Municipal Act with such modifications as the circumstances require.

Agreements re policing.

81(2)

Where regulations have been made pursuant to subsection (1), subject to the approval of the minister, an incorporated community may enter into an agreement with,

(a) The Government of Canada or any ministry or agency thereof;

(b) The Province of Manitoba;

(c) a municipality, a local government district, or another incorporated community; or

(d) any one or more of them;

whereby

(e) the duties assigned by by-law passed by the council to the police of the incorporated community 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 a municipality, local government district, or other incorporated community, as the case may be; and

(f) the incorporated community undertakes to pay part of the cost thereof.

Agreements re facilities.

81(3)

An incorporated community, subject to the approval of the minister, may enter into an agreement with the Government of Canada or any ministry or agency thereof, the Government of Manitoba, a municipality, a local government district or an incorporated community, or any one or more of them, whereby one of the parties to the agreement will do one or more of the things referred to in clauses 291(a) to (c) of The Municipal Act and the other party or parties to the agreement will share the payment of the cost thereof.

Provincial Police Act.

81(4)

Incorporated communities are deemed to be rural municipalities for the purposes of The Provincial Police Act.

Nuisance grounds.

82(1)

The Lieutenant Governor in Council may make regulations authorizing an incorporated community council, subject to the approval of the minister, to pass by-laws for acquiring and holding for the use of the incorporated community, lands situated within or outside the incorporated community to be used for the purpose of a nuisance ground, disposal area, or land fill disposal area and clauses 346(l)(b) and (c) and subsection 346(2) of The Municipal Act apply with such modifications as the circumstances require.

Scavenging system.

82(2)

Subsections 347(1) and (2) of The Municipal Act apply with such modifications as the circumstances require to incorporated communities.

Utilities.

83

Sections 693 to 712 of The Municipal Act apply with such modifications as the circumstances require to incorporated communities.

Power to acquire property.

84(1)

An incorporated community may acquire, use, lease and dispose of personal property and acquire, use and lease real property and sections 203 to 205, subsections 206(1), (3) and (4) and sections 207 to 210 of The Municipal Act apply with such modifications as the circumstances require.

Power to develop land.

84(2)

An incorporated community may develop or redevelop land acquired by it, and, without limiting the generality of the foregoing, may provide services for the land.

Power to establish business.

85(1)

An incorporated community may,

(a) establish, acquire, own, operate and manage a commercial or industrial business or activity in Northern Manitoba, on its own account, with the Government of Manitoba, a ministry or agency thereof, an incorporated community, or any one or more of them;

(b) acquire, develop, redevelop, use and lease real and personal property in connection therewith; and

(c) enter into agreement in exercising its powers under clauses (a) and (b) with the Government of Canada, ministry or agency thereof, the Government of Manitoba, a ministry or agency thereof, an incorporated community, municipality or local government, or any one or more of them.

Mortgage of property.

85(2)

Notwithstanding any other provision of this Act, where real or personal property is acquired pursuant to subsection (1), with the prior approval of the minister, the incorporated community may make a mortgage of such property to the vendor of it, to secure the whole or any part of its purchase price.

Disposal of property.

85(3)

Subsection 84(1) applies to the disposal of property acquired pursuant to subsection (1).

Homes for elderly persons.

86(1)

An incorporated community council may enter into agreements into 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 housing for rent.

86(2)

Subject to The Housing and Renewal Corporation Act, an incorporated community may acquire, take, and expropriate land with or without the consent of the owner, whether or not there are dwellings thereon, and may construct dwellings on land acquired by it and rent the dwellings so acquired or constructed at such rentals as the council fixes; and the power of an incorporated community under this section is not less than its power to acquire and lease lands generally.

PART VIII

APPEALS

Appeal to minister.

87(1)

Wherever a person requires a licence or permit to be issued or renewed by an incorporated community before he may carry on, or continue to carry on a trade or occupation and the incorporated community or an officer thereof, has refused to issue or renew the licence or permit, has neglected or refused to deal with the application for 30 days, or more, or has revoked the licence or permit, the person may appeal to the minister,

(a) by sending him a written notice of appeal by registered mail, or delivering it to him, within 90 days following receipt by the appellant of the decision; and

(b) by delivering a copy of it to the clerk of the incorporated community within the same period.

Contents of notice of appeal.

87(2)

The notice of appeal referred to in subsection (1) shall,

(a) identify the by-law or other statutory authority under which licence or permit was required;

(b) state the date on which the decision to refuse to issue the licence or permit or the renewal or revocation of a licence or permit was received by the appellant;

(c) in the case of an appeal from a refusal to issue a licence or permit or a renewal thereof, briefly state the grounds in support of the appeal;

(d) in the case of an appeal from a decision revoking a licence or permit, briefly state the grounds in support of the appeal;

and there shall be appended thereto,

(e) a copy of the application for the licence, permit, or the renewal thereof;

(f) a copy certified, pursuant to this Act, of the by-law, if any, under which the licence, permit or renewal thereof was required; and

(g) a copy of the written notification, if any, received by the appellant that his application for a licence, permit or renewal thereof was refused, or his licence or permit was revoked.

Minister to invite response.

87(3)

The minister shall invite a written response to be made to the appeal by the incorporated community, within a period specified by him and the incorporated community shall send a copy of its response, if any, to the appellant by registered mail or cause it to be delivered to his residence, forthwith.

Minister's powers.

87(4)

The minister may dismiss the appeal, or may make any decision that the incorporated community or an officer thereof could have made on the original application or at the time when the decision was made to revoke the licence or permit as the case may be.

Appointment of person to inquire.

87(5)

Before acting pursuant to subsection (4), the minister may appoint a person who in his opinion is suitable and qualified to conduct an inquiry into the matter and report thereon to the minister in writing together with his recommendation, if any, and subsections 10(3) to (7) apply with such modifications as the circumstances require.

Copy of report

87(6)

In addition to the requirements of subsection (5) on receipt of the report of the person appointed to conduct the inquiry, before accepting or rejecting his recommendations in whole or in part, the minister shall send copies of the report to the appellant and to the clerk of the incorporated community by registered mail; provided that the requirements of this subsection are satisfied, if copies of the report are delivered to the appellant's residence or the offices of the incorporated community, as the case may be.

Effect of minister's decision.

87(7)

The decision of the minister pursuant to subsection (4) is final and binding on the incorporated community and all persons.

Judicial proceedings.

88

Where an incorporated community has been incorporated pursuant to this Act, Part XIV of The Municipal Act applies with such modifications as the circumstances require.

PART IX

FINANCE

Fiscal year.

89(1)

The fiscal year of an incorporated community begins on April 1 in each year and ends on March 31 of the next succeeding year.

Annual estimates.

89(2)

Each incorporated community council, shall in each year, make estimates, (hereinafter called "the annual estimates")

(a) of all amounts required for the lawful purposes of the incorporated community for operating expenditures for that year, including, without restricting the generality of the foregoing, all amounts required to pay the debts of the incorporated community, whether of principal or interest, becoming due and payable during that year;

(b) of all amounts that it will be required to raise or spend in that year for capital purposes;

(c) of all amounts that come under this Act, or any other Act, it is required by the levying of taxes;

(d) of the amount of any operating deficit incurred in the last previous year;

(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 incorporated community taxes, school taxes, or other taxes, making due allowance for taxes unpaid on lands purchased by the incorporated community at tax sale and deemed by the council to be uncollectable; and

(f) an amount equal to the amount of the levies made by the minister for the fiscal year pursuant to The Public Schools Act which in his opinion are properly apportioned to the incorporated community; provided that the Lieutenant Governor in Council may exempt any incorporated community from the requirement of this clause; and

(g) an amount equal to the amount of the premium, if any, which the minister is requested to add to the tax roll pursuant to The Health Services Insurance Act.

Manner and form of estimates.

89(3)

The annual estimates shall be made in the manner, and the form, prescribed by the minister.

Adoption.

89(4)

The council of each incorporated community, shall by by-law, adopt the annual estimates and operating and capital budgets on or before April 1 in each year.

Source of capital expenditures.

90

All amounts expended by an incorporated community for capital purposes shall be paid from,

(a) moneys paid to the incorporated community as a grant or subsidy; or

(b) moneys raised as an operating revenue.

Operating expenditures.

91

Subject as in this Part provided, the operating expenditures of an incorporated community shall not exceed the operating revenues of the incorporated community for that year.

Approval of excess expenditures.

92(1)

Where an incorporated community council 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 the written approval of the minister, or unless it has first made provision to incur that operating deficit by including in its annual estimates an equivalent transfer from surplus cash available at the end of the immediately preceding year, and subsections 570(4) to (7) to The Municipal Act apply with such modifications as the circumstances require.

Taxes for operating deficits.

92(2)

In a case to which subsection (1) applies, the minister may, by written order require the incorporated community to levy taxes,

(a) for the operating deficit so authorized; or

(b) if the operating deficit actually incurred is less than that so authorized, for the actual operating deficit;

over such number of years not exceeding three, as he considers appropriate.

Borrowing for current expenses.

93(1)

An incorporated community council except as in this Act otherwise provided, may authorize the mayor with the treasurer or the secretary-treasurer, under the seal of the incorporated community, to borrow such amounts as the council deems necessary to meet the then current or capital expenditures and obligations of the incorporated community, until such time as the taxes levied therefor are collected.

Limitation.

93(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 amount of the total amount of the taxes collected in the last preceding year.

Regulation of amounts borrowed.

93(3)

An incorporated community council shall by by-law, regulate and control the amounts to be borrowed in any year under subsection 458(1) and subsections 458(3) to (7) of The Municipal Act apply with such modifications as the circumstances require.

Guarantee of repayment.

94

The Minister of Finance, with the approval of the Lieutenant Governor in Council may guarantee on behalf of the Government of Manitoba, the repayment of money borrowed by an incorporated community from any person pursuant to this Act.

Levy of annual taxes.

95(1)

The council of each incorporated community, in each year forthwith after

(a) the annual estimates of the incorporated community for the year have been adopted; and

(b) the assessment roll for the year comes into force;

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 incorporated community, that the council deems sufficient to raise the moneys required by the annual estimates, to be raised and subsection 571(2) of The Municipal Act applies with such modifications as the circumstances require.

Copies of by-law to minister.

95(2)

Forthwith after first reading of a by-law under subsection (1) the clerk of the incorporated community shall forward two copies of the by-law to the minister.

Notification to community by minister.

95(3)

Where in the opinion of the minister, 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 incorporated community respecting those provisions or deficiencies, and the council shall correct the bylaw in respect of those matters before giving second reading thereto.

Passing of by-law.

95(4)

On or before September 15 in each year the council shall give second and third reading to, and pass each by-law to which reference is made in subsection (1).

Amount charged is lien on land.

96

Every amount authorized by this Act to be charged against any land is a lien and charge upon that land and shall be collected in the same manner in which ordinary taxes upon the land are collectable and with the like remedies.

Tax rolls.

97

Division I of Part XV of The Municipal Act applies to incorporated communities with such modifications as the circumstances require; provided that all references to December 31 in any section or sections in that Part shall be deemed to be references to March 31.

Business tax.

98

Division II of Part XV of The Municipal Act applies to incorporated communities with such modifications as the circumstances require.

Collection of taxes.

99

Where an incorporated community has been incorporated pursuant to this Act, sections 770, 771 and 778 to 797 of The Municipal Act apply with such modifications as the circumstances require.

When taxes due.

100(1)

Subject to subsection (2), taxes levied for any year shall be deemed to have been imposed on April 1 in that year.

Fixing of due date.

100(2)

An incorporated community council may, by by-law, provide that taxes levied for any year shall be deemed to be due and payable on any day between April 1 in one year and March 31 in the following year, that is fixed in the by-law; and subject to subsection (3) they shall be due and payable accordingly.

Payment by instalments.

100(3)

An incorporated community council may, by by-law, provide that taxes may be paid by such instalments as are stated in the by-law at times before March 31 of the year for which they are levied and subsection 730(4) of The Municipal Act applies with such modifications as the circumstances require.

When tax is payable at par.

100(4)

Subject to subsection (5) taxes are payable at par

(a) at any time during the year for which they are levied; or

(b) where a by-law is passed under subsection (3) at any time preceding the date fixed in the bylaw is the date on which the taxes are due and payable.

Provision for discount.

100(5)

An incorporated community council may, by by-law, provide that a discount shall be allowed for prepayment of taxes

(a) before March 1 of the year for which the taxes are levied; or

(b) before such other date in that year as is fixed in a by-law passed under subsection (3).

Amount of discount.

100(6)

An incorporated community council may, by by-law, allow a discount, at a rate not exceeding 9% per year, for repayment of taxes before the day in which they are due and payable.

Discount for prepayment.

100(7)

Where the incorporated community council has provided for payment of taxes by instalments pursuant to subsection (3), it may, in a by-law provide for discount for prepayment of any such instalment.

Imposition of penalty.

100(8)

Upon all taxes remaining unpaid

(a) after March 31; or

(b) after such other date as is fixed in the by-law passed under subsection (2);

a penalty shall be added on the first day of each month thereafter.

Amount of penalty.

100(9)

Subject to subsections (12) and (13), the penalty to which reference is made in subsection (8) is an amount calculated at the rate fixed by the by-law; and the rate shall not be less than 0.5%, or greater than 0.75% per month on the amount of the taxes so remaining unpaid.

Compounding of penalty.

100(10)

On March 31 next following the date on which the penalties are added under subsection (8), the penalties incurred shall be compounded and added to the taxes in arrears; and shall be transferred to the tax roll for the next succeeding year as provided in section 97, and on the last day of each month in that year the penalty imposed by subsection (8) shall be computed on the total amount so compounded and added to that amount.

Compounding in succeeding years.

100(11)

In like manner on March 31 in each year thereafter, until the taxes and penalties are paid or the land is sold for taxes by the incorporated community, the penalty shall be compounded and added to the amount compounded on the last previous March 31; and the penalty shall, as hereinbefore provided, be computed on the total amount so compounded.

Effect of appeal.

100(12)

Notwithstanding an appeal from the assessment set forth in the assessment rolls, the penalty for which provision is made in this section applies to all unpaid realty or business taxes, whether paid before or after the final disposition of the appeal.

Interest where tax reduced.

100(13)

Where a reduction in an assessment resulting from an appeal is made, the treasurer, in adjusting the taxes as a result of a decision of the board, minister, or the judgment of the court or an appeal with the respect of the assessment rolls of the incorporated community, pursuant to section 97 shall allow the taxpayer interest on any excess taxes paid at the same rate as that specified in this section as a penalty.

Tax notice.

101

Where an incorporated community has been incorporated pursuant to this Act, section 775 of The Municipal Act applies with such modifications as the circumstances require except that each reference to July 31 shall be deemed to be a reference to October 31.

Further tax notices.

102

Where,

(a) on March 31 of the year in which taxes are levied; or

(b) on which other date in that year as is fixed in the by-law passed under subsection 100(2);

the taxes levied for that year remain unpaid, the treasurer may, on such subsequent dates as are fixed by by-law, cause to be delivered to the residence in the incorporated community of each person whose name appears on the roll, or his agent, counterparts of the notice, statement, and demand for payment of taxes.

Grants in lieu of taxes.

103

Where an incorporated community has been incorporated pursuant to this Act, sections 798, 799 and subsection 800(1) of The Municipal Act apply with such modifications as the circumstances require.

Tax sale proceedings.

104(1)

Where the whole or any portion of the taxes imposed in any year with respect to any land remains due and unpaid on the expiration of the year next following March 31 of the year in which the taxes were imposed, the land may be sold for arrears of taxes due and unpaid thereon, up to the time of the making of the list of lands for sale, together with the cost of advertising, not including any taxes levied in the year in which the list is made up.

Application of Municipal Act.

104(2)

Where an incorporated community has been incorporated pursuant to this Act, section 802 and subsections 803(3) to (7) and subsections 804(1), (3) to (5) and sections 805 and 806 of The Municipal Act apply with such modifications as the circumstances require.

Advertising of list.

104(3)

The treasurer shall cause a copy of the list of the lands in the incorporated community liable to be sold pursuant to this section, to be published in one issue of The Manitoba Gazette and to be posted for at least two weeks before the sale in the community centre, if any, in the incorporated community and the offices of the incorporated community.

Sale.

104(4)

Where an incorporated community has been incorporated pursuant to this Act, sections 807 to 881 of The Municipal Act apply with such modifications as the circumstances require.

Application of Municipal Act.

105

Sections 882 to 890 of The Municipal Act apply with such modifications as the circumstances require to incorporated communities.

PART X

MISCELLANEOUS

Unconditional Grants Act

106(1)

Subject to the provisions of this section, an incorporated community is deemed to be a municipality for the purposes of The Unconditional Grants Act.

Determination of population.

106(2)

Notwithstanding section 3 of The Unconditional Grants Act, for the purposes of that Act, the population of Northern Manitoba, including incorporated communities, in any year shall be determined in accordance with regulations and made pursuant to section 109.

Exception.

106(3)

Section 4 of The Unconditional Grants Act does not apply to the determination of the population of Northern Manitoba, or the population of an incorporated community.

Application of other Acts.

107(1)

An incorporated community is deemed to be a municipality for the purposes of The Elderly and Infirm Persons' Housing Act, The Health Services Insurance Act, The Highway Traffic Act, The Housing and Renewal Corporation Act, The Income Tax Act (Manitoba), The Liquor Control Act, The Municipal Assessment Act and Part IV of The Municipal Board Act.

Community deemed to be a municipality.

107(2)

An incorporated community is deemed to be a municipality for the purposes of The Planning Act and The Real Property Act.

Minister deemed to be municipality.

107(3)

With respect to land in Northern Manitoba which is not included in an incorporated community, the minister is deemed to be a municipality for the purposes of The Planning Act and The Real Property Act and a municipality for the purposes of Part IV of The Municipal Board Act.

Regulations.

107(4)

Subject to the other provision of this Act, the Lieutenant Governor in Council may make regulations deeming that an incorporated community has the rights, powers, duties and responsibilities of the minister for the purposes of an Act other than this Act.

Order for supervision.

108(1)

Where the Lieutenant Governor in Council has reason to believe that an incorporated community is in financial difficulty, and deems it in the best interests of the incorporated community, and of the ratepayers and creditors thereof, that the affairs of the incorporated community be supervised, he may, by order in council,

(a) place the affairs of the incorporated community under the supervision of the minister; and

(b) authorize the minister to appoint a supervisor of the affairs of the incorporated community;

and subsections 530(3) to (5) and sections 531 to 538 of The Municipal Act apply with such modifications as the circumstances require.

Appointment of administrator.

108(2)

Where the Lieutenant Governor in Council has reason to believe that an incorporated community is in serious financial difficulty, and deems it in the best interest of the incorporated community, and of the ratepayers and creditors thereof, that the affairs of the incorporated community 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 incorporated community;

and subsection 539(2) and sections 540 to 553 of The Municipal Act apply with such modifications as the circumstances require.

Disorganization of incorp, community.

108(3)

Where the Lieutenant Governor in Council has reason to believe that an incorporated community is insolvent or is in imminent danger of insolvency, and deems it in the best interest of the incorporated community and of the ratepayers and creditors thereof, that the incorporated community be disorganized and its affairs wound up, he may, in his discretion, by order in council, disorganize the incorporated community and appoint a fit and proper person to be and to act as receiver thereof; and sections 555 to 565 of The Municipal Act apply with such modifications as the circumstances require.

Regulations.

109(1)

The Lieutenant Governor in Council may make regulations providing for,

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

(b) procedures and methods by which the minister may co-ordinate the activities of the government in Northern Manitoba;

(c) the determination of the extent to which land or property in an area of Northern Manitoba or in an incorporated community shall be subject to taxation under this Act;

(d) a maximum rate of taxation above which the minister or an incorporated community cannot levy taxes on property;

(e) cases and circumstances that may arise in Northern Manitoba for which no provision or no adequate provision is made in this or any other Act of the Legislature;

(f) a change in the number of members of an incorporated community council from that specified in its letters patent;

(g) prescribing the manner of payment and the amount of remuneration of members of community councils and local committees;

(h) the maximum annual indemnity to be paid to the mayor and the other members of an incorporated community council by the incorporated community;

(i) the manner, time and writing of advertisements for candidates for the offices of clerk, treasurer, secretary-treasurer and manager of incorporated communities;

(j) notwithstanding any provision in the letters patent of an incorporated community, the election of the mayor of an incorporated community by the electors of the incorporated community, or pursuant to subsection 34(2);

(k) the manner, time and place of nomination of the candidates for election as members of an incorporated community council, community council or local committee;

(l) the qualifications of candidates for election as members of incorporated community councils, community councils or local committees;

(m) the manner and time of holding elections of the members of incorporated community councils, community councils or local committees;

(n) persons entitled to be electors and the qualifications of electors to vote at elections of members of incorporated community councils, community councils or local committees;

(o) the preparation, publication and revision of lists of electors eligible to vote for members of incorporated community councils, community councils or local committees, including the appointment, remuneration, powers and duties of and oaths of office and declarations of secrecy to be taken by returning officers, deputy returning officers, enumerators, revising officers and assistants to them or any one or more of them;

(p) the appointment, remuneration, powers and duties of and oaths of office and declarations of secrecy to be taken by interpreters in connection with the election of members of incorporated community councils, community councils or local committees;

(q) the bringing into application to the elections of incorporated community councils, community councils and local committees of such provisions of The Local Authorities Election Act as the Lieutenant Governor in Council considers appropriate;

(r) making such other provisions for the election of members of incorporated community councils, community councils or local committees as the Lieutenant Governor in Council considers appropriate;

(s) the determination as to which of the members of an incorporated community council, community council or local committee, other than the mayor if subsection 34(2) applies, first elected will hold office for a term of one year and which will hold office for a term of two years;.

(t) subject to subsections 34(2) and (3), the term of offices of members of an incorporated community council to be one year or two years and the election of all members of the council to take place on the same date;

(u) where section 35 applies, the qualifications of adult residents of the incorporated community who are eligible to participate in and vote at incorporated community meetings;

(v) where section 35 applies, the authorization of the clerk or such other person named in the regulations to determine the qualifications of each adult resident of the incorporated community and the procedure to be followed in that regard;

(w) where section 35 applies, the procedure to be followed at regular or special meetings of the adult residents of the incorporated community, including without restricting the generality of the foregoing, the quorum of such meetings;

(x) the method of determining the population of Northern Manitoba including the incorporated communities for the purposes of The Unconditional Grants Act;

(y) the deeming of the minister or an incorporated community to be a municipality, suburban municipality or local authority for the purposes of an Act; and

(z) the specification of additional requirements for the publication or delivery of notices of incorporated community council meetings, agenda, by-laws and minutes.

Application of regulations.

109(2)

The Lieutenant Governor in Council may provide in a regulation made under subsection (1) that it applies to all or part only of Northern Manitoba, to an incorporated community, or to part of an incorporated community.