Skip to main content
The City of Winnipeg Act

REPEALED
Date: January  1, 2003

S.M. 1989-90, c. 10

The City of Winnipeg Act

Sections: 1 - 81.16 | 82 - 161 | 162 - 280 | 281 - 392.1 | 393 - 469 | 470 - 520 | 521 - 573 | 574 - 688
Schedules: A | B | C

(Assented to December 22, 1989)

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

Definitions

1           In this Act,

"area municipality" means all cities, towns and municipalities and includes The Metropolitan Corporation of Greater Winnipeg, which, immediately before January 1, 1972, were established, constituted and existed within the boundaries of the city; (« municipalité locale »)

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

"board of revision" means the Board of Revision of the city, appointed under Part 8 of The Municipal Assessment Act; (« Conseil de révision »)

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

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

(b) by paving or otherwise surfacing it; or

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

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

"building" includes any well, pipe line, excavation, cut, fill, transmission line or, an erection or structure, or any part thereof, and also includes an addition to or extension of a building and a chattel that is attached to a structure or land or that is installed therein or thereon; (« bâtiment »)

"by-law" means a by-law of the city, or a section, clause or provision of a by-law of the city; (« arrêté »)

"citizen" means an inhabitant of the city; (« habitant »)

"city" means The City of Winnipeg; (« Ville »)

"city auditor" means the city auditor appointed under section 58; (« vérificateur de la Ville »)

"committee of council" means a committee of members of council formed for the purpose of carrying out a specific responsibility as directed by council, and includes a standing committee; (« comité du conseil municipal »)

"common-law partner" of a person means a person who, not being married to the other person, is cohabiting with him or her in a conjugal relationship of some permanence; (« conjoint de fait »)

"council" means the council of the city; (« conseil municipal »)

"councillor" means a member of the council, but does not include the mayor; (« conseiller municipal »)

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

"declaration" where used of a declaration of office or qualification, means the oath, affirmation or declaration; (« déclaration »)

"designated employee" means an employee of the city designated by council to carry out a responsibility under this Act; (« employé désigné »)

"district registrar" means the district registrar for the Winnipeg Land Titles Office; (« registraire de district »)

"election" means an election of a member of the council and includes the nomination and also includes a vote on any by-law or referendum submitted by the council to the electors qualified to vote thereon; (« élection »)

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

"employee" means a person employed by the city and includes a statutory officer; (« employé »)

"external auditor" means an external auditor appointed under subection 63.1(1); (« vérificateur externe »)

"family" includes a common-law partner; (« famille »)

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

"in" as applied to a street whether used by itself or as part of the word "therein", includes "on", "under", or "over"; (« dans »)

"jurisdiction over" includes possession and control; (« compétence sur »)

"land" includes land, messuages, tenements, and hereditaments, corporeal or incorporeal, of every kind and description, whatever the estate or interest therein, whether legal or equitable; and includes a unit specified in a plan to which The Condominium Act applies; but in Part 8 does not include mines and minerals; (« bien-fonds »)

"land" and "real property" and "building" in all sections of this Act referring to assessment and taxation includes the interest of a lessee or occupier in the land; (« bien-fonds », « bien réel » et « bâtiment »)

"lane" means a street not over 33 feet in width; (« ruelle »)

"latest revised assessment roll" means that assessment roll that is the latest that under this Act is held to be finally revised; (« dernier rôle d'évaluation révisé »)

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

"member" when referring to a member of council, includes the mayor; (« membre »)

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

"occupier" used in relation to Crown or tax exempt land includes any person who is in occupation of the land or who is using the land or who is entitled to occupy or use the land, and whose right is referred to herein as the "interest of the occupier"; (« occupant »)

"open", in the sense of "opening" a street, includes not only the opening of a new street but also the extending, widening, diverting, or otherwise altering of an existing street whereby land that was not part of the street is added to it or made part of it; (« ouvrir »)

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

"park" means an area or grounds set aside and used, or principally used, for the purpose of recreation or sports or both, together with the buildings and other structures and facilities, if any, situated therein or thereon, and includes zoological gardens, botanical gardens and recreational areas together with the buildings and other structures and facilities situated therein or thereon; (« parc »)

"pedestrian deck" means a bridge, platform or deck in a street provided for the use of pedestrians as a place of public resort or as a means of public thoroughfare, together with the places and means of access thereto and exit therefrom; (« passerelle piétonnière »)

"person" includes firm, partnership, association, corporation or company; (« personne »)

"personal estate" and "personal property" include all goods, chattels, shares in companies, dividends from bank stock, money, notes, accounts and debts and other property, except land and real estate; (« bien personnel »)

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

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

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

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

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

"real estate" and "real property" each has the same meaning as "land"; (« bien réel »)

"real owner" when used in respect of land means

(a) a purchaser of the land under an agreement for sale;

(b) a person who is entitled to become the owner of land at some future date under a trust;

(c) a person on whose behalf the registered owner holds the land as agent; or

(d) any person who is entitled to have the land registered in his or her name; (« véritable propriétaire »)

"registered owner" means a person

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

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

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

"regulation" means regulations or orders made under the authority of this Act; (« règlement »)

"resolution" includes any report or part of a report adopted by the council; (« résolution »)

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

"sinking fund trustees" means the sinking fund trustees of the city; (« fiduciaires du fonds d'amortissement »)

"statutory officer" means an employee of the city who occupies a position created by this Act and has duties defined by this Act; (« titulaire d'un poste statutaire »)

"street" means any public highway, lane, square, subway, bridge, wharf, thoroughfare or way or any part thereof; (« rue »)

"tax collector" means the city treasurer or the designate of the city treasurer; (« percepteur »)

"works" includes buildings, walls, bridges, trestlework, dams, canals, locks, tunnels, subways, wharfs, piers, ferries, viaducts, aqueducts, embankments of streams, ditches, culverts, drains, sewers, vaults, mines, wells, roads, pavements, sidewalks, pathways, pedestrian decks or tunnels, street railways, the towers, poles, lines, and equipment of transportation or transit systems, harbours, docks, booms, excavations, and fabrics made, built, constructed, erected, extended, enlarged, repaired, improved, formed or excavated by means of, or with the aid of, human skill and human, animal, or mechanical labour. (« ouvrages » ou « travaux »)

S.M. 1989-90, c. 8, s. 2; S.M. 1989-90, c. 51, s. 2; S.M. 1989-90, c. 90, s. 41; S.M. 1989-90, c. 52, s. 2; S.M. 1991-92, c. 15, s. 3; S.M. 1991-92, c. 42, s. 2; S.M. 1998, c. 37, s. 2; S.M. 2002, c. 24, s. 56.

Holidays

2(1)        In reckoning time for the purposes of this Act, holidays, as defined by The Interpretation Act, shall be excluded from the computation when the time is eight days or any shorter period, and shall be included in the computation when the time is any longer than eight days.

Computing time

2(2)        In computing the time from or after the happening of an event within which according to this Act something may or shall be done, or the converse, the day on which the event happened shall be excluded.

Vote of the council

2(3)        Where a vote of a specified proportion of the members "of the council" is referred to in this Act, as distinguished from a vote of the members present at a meeting, the expression "the members of the council" or other expression to the like effect means the number of members required by this Act to constitute a complete council without any vacancies.

By-laws conflicting with statutes

2(4)        If a by-law passed under this Act conflicts with a statute of the province or any regulation passed thereunder, the by-law is invalid to the extent that it so conflicts, provided that a by-law of the city passed under this Act, imposing duties or obligations that are in addition to, and not inconsistent with, those imposed by another Act, or a regulation passed under the other Act, shall not be regarded as conflicting with the other Act or regulation, and compliance by a person with that Act or regulation shall not excuse the person from compliance with the by-law.

PART 1

INCORPORATION, BOUNDARIES AND POLITICAL ORGANIZATION

Continuation

3           The City of Winnipeg, as constituted on the coming into force of this Act, is continued.

Regulations by L. G. in C.

4(1)        The Lieutenant Governor in Council may by regulation

(a) establish the area or boundaries of the city;

(b) alter the area or boundaries of the city when

(i) a rural municipality is formed from land within the boundaries of the city under Division 4 of Part 2 of The Municipal Act,

(ii) land within the boundaries of the city is annexed by a municipality under Division 4 of Part 2 of The Municipal Act, or

(iii) the city has annexed land outside its boundaries under Division 2 of Part 2 of The Municipal Act;

(c) correct or clarify the description of the area or boundaries of the city, if the Lieutenant Governor in Council is of the opinion that there is an error or an ambiguity in the description;

(d) determine rights and liabilities with respect to any matter or thing  arising from an error or ambiguity in the description of the area or boundaries of the city that is subsequently corrected or clarified and may make any provision it considers advisable to give effect to that determination.

Use of map in regulation

4(2)        The area or boundary of the city in a regulation referred to in subsection (1) is sufficiently described if it is indicated on a map adopted or incorporated by reference in the regulation.

4(3) and (4) Repealed, S.M. 1996, c. 58, s. 477.

Effective date of correction or clarification

4(5)        A regulation made under clause (1)(c) or (d) may be made effective on a date that is specified in the regulation and that is on or after the date on which the error occurred or ambiguity arose.

S.M. 1989-90, c. 52, s. 3; S.M. 1992, c. 2, s. 3; S.M. 1993, c. 2, s. 2; S.M. 1996, c. 58, s. 477.

4.1         Repealed.

S.M. 1992, c. 2, s. 3; S.M. 1996, c. 58, s. 477.

Number of wards

5(1)        For electoral purposes, the city is divided into 15 wards.

5(2) and (2.1) Repealed, S.M. 1998, c. 37, s. 3.

Establishment of commission

5(3)        There is hereby established "The Winnipeg Wards Boundaries Commission" consisting of

(a) the Chief Justice of the Court of Queen's Bench of Manitoba;

(b) the President of the University of Winnipeg; and

(c) the returning officer of the city.

Report of commission

5(4)        The commission shall prepare a report establishing the boundaries and the name of each ward in the city at the following times:

(a) in the twelve month period prior to May 1, 2002;

(a.1) in 2009;

(b) whenever the boundaries of the city are altered;

(c) at such time as council may require which shall be at least once every ten years after the preceding report was prepared.

Effect of alteration of wards on members

5(4.1)      Alteration of the boundaries of a ward does not affect the membership on, or the right to sit on or vote in, the council of any person elected to represent that ward before its alteration.

Temporary members of commission

5(5)        Subject to subsection (6), where at a time when the commission is required to perform any duties under this Act, there is a vacancy in any of the offices mentioned in clauses (3)(a), (b) and (c) or any member of the commission is unable to act for any cause, the following persons shall act

(a) the Associate Chief Justice of the Queen's Bench in place of the Chief Justice of the Queen's Bench;

(b) the vice-president (academic) of the University of Winnipeg in place of the president of the University of Winnipeg; and

(c) the enumerator of the city in place of the returning officer of the city.

Council shall appoint person to act

5(6)        Where a person referred to in subsection (5) is unable for any reason to act in place of a member of the commission referred to in subsection (3), council shall appoint a person to act in place of the member.

Duty of temporary member

5(7)        A person who becomes a member of the commission under subsection (5) or (6) shall act as a member of the commission until its next report is made under subsection (4).

Council's responsibilities re commission

5(8)        Council shall

(a) remunerate or grant honoraria to members of the commission; and

(b) provide city advisers, clerks and assistants to the commission as required by the commission to discharge its duties.

5(9)        Repealed, S.M. 1998, c. 37, s. 3.

S.M. 1991-92, c. 42, s. 3; S.M. 1993, c. 2, s. 3; S.M. 1998, c. 37, s. 3; S.M. 2001, c. 28, s. 2.

Population of wards

6(1)        Subject to subsection (3), each ward of the city shall, as nearly as is reasonably practicable, contain the same number of residents.

Population quotient

6(2)        For the purpose of preparing a report under subsection 5(4), the commission shall establish a quotient for each ward in the city by dividing the total population of the city as determined by the latest census taken under The Statistics Act (Canada) by 15.

Criteria for boundaries

6(3)        In fixing the boundaries of a ward the commission must consider

(a) the community or diversity of interests of the residents of the ward;

(b) the means of communication between the various parts of the ward;

(c) the physical features of the ward;

(d) all other similar and relevant factors;

and, to the extent possible, must include the whole area of a historic community or neighbourhood in the same ward.

Variation in population base

6(3.1)      The commission may allow a variation of up to 25% more or less than the quotient in the population of a ward where in its opinion the considerations mentioned in subsection (3) make the variation desirable.

6(4)        Repealed, S.M. 1998, c. 37, s. 4.

Notice of public hearings prior to report

6(5)        Before making a final determination of the boundaries of the wards, the commission shall appoint such times and places as it considers necessary to hear representations from any person as to the boundaries of any ward and it shall give reasonable public notice of the hearings.

Public hearing prior to report

6(5.1)      On the day, and at the place and time stated in the notice under subsection (5), the commission shall sit and hear representations by any persons regarding the boundaries and names of any ward.

Preparation of commission's report

6(6)        Upon completion of the hearing under subsection (5.1), the commission shall prepare and send to the returning officer a report of its proposals for ward boundaries and ward names.

Publication of notice

6(7)        The returning officer shall cause to be published, in at least two newspapers having a general circulation in the city, once each week in two successive weeks with not more than seven days between each publication, a notice signed by the returning officer stating

(a) that a copy of the commission's report may be obtained from the returning officer at a place, at times, and in a manner stated in the notice; and

(b) that the commission will sit on a day, not earlier than 15 days after the first publication of the notice, and at a place and time, stated in the notice, to hear any person desiring to make a representation with respect to the commission's report.

Hearing

6(8)        On the day and at the place and time stated in the notice, the commission shall sit and hear any person desiring to make a representation with respect to the commission's report.

Commission's duties on completion of hearing

6(9)        On the completion of the hearing in subsection (8), the commission shall

(a) prepare its report, which shall include the date on which the ward boundaries and ward names come into force; and

(b) send the report to the city clerk, who shall ensure that it is placed before council at its next meeting.

Effect of commission's report

6(9.1)      Ward boundaries and ward names in the report filed under subsection (9) come into force on the date specified in the report.

6(10)       Repealed, S.M. 1998, c. 37, s. 4.

S.M. 1991-92, c. 42, s. 4; S.M. 1993, c. 2, s. 4; S.M. 1998, c. 37, s. 4; S.M. 2001, c. 28, s. 3.

COUNCIL

Powers of city exercised by council

7           The powers of the city under this Act shall be exercised by council.

S.M. 1989-90, c. 8, s. 3.

Composition of council

8(1)        The council for the city shall consist of a mayor and elected councillors.

Election of mayor

8(2)        The mayor shall be elected by the electors of the city.

Election of councillors

8(3)        One councillor shall be elected by the electors of each ward.

S.M. 1989-90, c. 8, s. 3.

Term of office

9           The mayor and each councillor shall hold office for a term of four years, commencing on the first Tuesday in November that follows the declaration of the returning officer of the result of the election of members, and ending on the first Tuesday in November that follows the declaration of the returning officer of the result of the election of members of the next council.

S.M. 1989-90, c. 8, s. 3; S.M. 1998, c. 37, s. 5.

Declaration by mayor and councillors

10          Before entering the duties of their offices, the mayor and each councillor shall make a statutory declaration as follows:

I, (name) do solemnly promise and declare that I will truly, faithfully and impartially, to the best of my knowledge and ability, execute the office to which I have been elected, and that I have not received and will not receive any payment or reward, or the promise of payment or reward, for the exercise of partiality, corruption or other improper execution of the office.

S.M. 1989-90, c. 8, s. 3.

COUNCIL MEETINGS

Place of meetings

11          Council shall hold its meetings and transact the business of the city within the boundaries of the city unless council otherwise decides by resolution.

S.M. 1989-90, c. 8, s. 3.

First meeting

12(1)       The first meeting of council shall be held on the first Tuesday in November following the election of council, at the place of the last meeting of the retiring council.

Regular meetings of council

12(2)       Meetings of council following the first meeting shall be held on the days, and at the times and places, that council, by by-law, decides; and council may, by resolution, set the days, times and places of its regular meetings by adopting a by-law enacted by a former council.

S.M. 1989-90, c. 8, s. 3; S.M. 1998, c. 37, s. 6.

Adjournment

13          A meeting of council at which a quorum is present may be adjourned by the council to another hour of the same day or to the next day without giving notice of the adjournment to members who are not present; but notice of an adjournment, other than an adjournment from day to day, shall be given to all members in the same manner as notice of a special meeting.

S.M. 1989-90, c. 8, s. 3.

Minutes

14(1)       Council shall cause minutes of its proceedings to be kept.

Quorum

14(2)       At meetings of council, a majority of the total number of members is required to constitute a quorum.

Where no quorum present

14(3)       Where, at a meeting of council, no quorum is present 30 minutes after the meeting is scheduled to begin, the council shall stand adjourned and the clerk shall record in the minutes the names of the members who are present at the time of adjournment.

S.M. 1989-90, c. 8, s. 3.

Majority decision

15(1)       All acts authorized or required by this Act to be done by the council, and all other questions that come before the council shall, except where otherwise provided, be decided by a majority of the members of council that are present.

Council may establish committees of council

15(1.1)     Council may establish committees of council and, subject to section 105 (limit on delegation), council may by by-law or resolution delegate a power, duty or function to a committee of council.

Committees of council processes

15(1.2)     A committee of council may establish such processes as it deems necessary to

(a) conduct its delegated authority under subsection (1.1); and

(b) facilitate public consultation in any matter.

Procedure

15(2)       Council shall, by by-law, make rules to regulate its procedure and the procedure of its committees.

Quorum of committee

15(3)       A by-law under subsection (2) may provide that an ex officio member of a committee may be counted for the purpose of constituting a quorum.

S.M. 1989-90, c. 8, s. 3; S.M. 1994, c. 15, s. 3; S.M. 1998, c. 37, s. 7.

Meetings to be open to the public

16(1)       Subject to section 17, the meetings of council shall be open to the public, and no person shall be excluded, except for disorderly conduct.

Expulsion for disorderly conduct

16(2)       The presiding officer may expel and exclude from a meeting of council a person, including a member of council, whose behaviour is disorderly.

S.M. 1989-90, c. 8, s. 3; S.M. 1998, c. 37, s. 8.

In camera meetings of council and committees

17(1)       Where, in the opinion of not less than 2/3 of the total number of members of council, executive policy committee, a committee of council or a subcommittee, a matter is within a category of matters which may in a by-law under subsection (2) be considered in camera, council, executive policy committee, a committee of council or a subcommittee may do so, and the reasons for doing so shall be recorded in the minutes of the meeting.

By-law approving in camera matters

17(2)       Council may by by-law approve those categories of matters which may be considered in camera by council, executive policy committee, a committee of council or a subcommittee.

S.M. 1989-90, c. 8, s. 3; S.M. 1998, c. 37, s. 9.

Voting obligatory

18(1)       Every member of council, including the chairperson of a meeting, present when a question is put, shall vote on the question unless excused by a majority of the council then present, or prohibited from voting by this Act or The Municipal Council Conflict of Interest Act.

Tie vote

18(2)       At a meeting of council, a question on which there is an equal number of votes is deemed to be decided in the negative.

Voting to be open

18(3)       Subject to section 17, every vote by the members shall be taken by open voting and, if requested by a member, the vote of each member shall be recorded in the minutes of the meeting.

S.M. 1989-90, c. 8, s. 3; S.M. 1998, c. 37, s. 10.

Effect of meeting not taking place

19          Council is not dissolved by reason of any meeting of council not taking place.

S.M. 1989-90, c. 8, s. 3.

Petitions

20          Subject to section 640 (refusal of certain petitions), council shall receive a petition sent to the council, and the petition shall be read at a meeting of council.

S.M. 1989-90, c. 8, s. 3; S.M. 1991-92, c. 15, s. 4.

Hearing of parties

21          A person who makes a presentation before council, or a committee of council may be heard in person or through another person acting on behalf of the person.

S.M. 1989-90, c. 8, s. 3; S.M. 1998, c. 37, s. 11.

SPECIAL MEETINGS

Convening

22(1)       Special meetings of council may be convened at any time on the request of the mayor or by not less than five of the members, by giving reasonable notice of the meeting to all members.

Notice

22(2)       A notice of a special meeting shall

(a) be in writing;

(b) mention the matters to be considered at the meeting; and

(c) be delivered or mailed to the members.

Minutes to include notice

22(3)        Council shall cause to be recorded in the minutes of a special meeting the manner in which notice of the meeting is given.

Effect of notice not being given

22(4)       Where on the opening of a special meeting of council it appears that the notice of the meeting has not been given to absent members, no business shall be transacted; but the presence of a member at the meeting waives the requirement of notice as far as the member is concerned.

Agenda

22(5)       At a special meeting of council, no matter other than that mentioned in the notice of the meeting shall be considered.

S.M. 1989-90, c. 8, s. 3; S.M. 1991-92, c. 42, s. 5.

EMERGENCY MEETINGS

Convening

23(1)       Where a state of emergency is declared under an Act of the Legislature or an Act of Parliament, or where, in the opinion of the mayor, an emergency exists owing to a strike, civil disorder or disaster, or an apprehended strike, civil disorder or disaster, an emergency meeting of council may be called by the mayor after giving such notice to the members as the mayor considers reasonable in the circumstances.

Place of meeting

23(2)       The mayor may decide where an emergency meeting is to be held.

Agenda

23(3)       At an emergency meeting, only such business as arises out of or is incidental to the emergency shall be transacted.

Minutes to include notice

23(4)       Council shall cause to be recorded in the minutes of an emergency meeting the manner in which notice of the meeting is given.

S.M. 1989-90, c. 8, s. 3.

23.1        Repealed.

S.M. 1989-90, c. 8, s. 15.1; S.M. 1989-90, c. 90, s. 42.

UNAUTHORIZED EXPENSES

Unauthorized expenditure an offence

24(1)       A member of council who

(a) expends or authorizes the expenditure of moneys of the city without first being empowered to do so by by-law or resolution of council; or

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

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

Civil liability

24(2)       A member of council who commits an offence under subsection (1) is, in addition to a penalty the member may incur under that subsection, liable to the city for the amount of the expenditure or payment in a civil action instituted against the member by the city or by an elector on behalf of, and for the benefit of, the city.

Exceptions

24(3)       Clause (1)(a) does not apply

(a) to a case where the expenditure of an amount not exceeding $1,000. is necessary and urgent

(i) to repair a public work of the city; or

(ii) for aiding a person in need within the city; or

(b) to an expenditure made in respect of an emergency where, under The Emergency Measures Act, a proclamation has issued declaring that a state of emergency exists in an area that comprises or includes the city or the part of the city in respect of which the expenditure is made.

Authorization

24(4)       An expenditure shall not be made in a case to which subsection (3) applies unless, before the expenditure is made, the mayor authorizes it.

S.M. 1989-90, c. 8, s. 3.

INDEMNITIES AND EXPENSES

Indemnities of councillors

25(1)       Council may pass a by-law for paying annual indemnities to the members of council.

Amount of indemnity may be deemed expenses

25(2)       Council may pass a by-law to provide that where a member is paid an indemnity, 1/3 of the amount shall be deemed to be for expenses related to the discharge of the member's duties as a member of council.

Additional indemnities

25(3)       In addition to the indemnity referred to in subsection (1), council may, by by-law, provide additional indemnities to the following persons:

(a) the mayor;

(b) the deputy mayor;

(c) the presiding officer;

(c.1) the deputy presiding officer;

(d) members of executive policy committee;

(e) chairpersons of committees of council;

(f) chairpersons or members of subcommittees.

No other allowances

25(4)       No member is entitled to a payment or indemnity except as provided in this Act.

Out-of-pocket expenses

25(5)       Council may authorize payment of the traveling expenses of a member who is authorized by council to travel outside the limits of the city on the business of the city.

Review of indemnities

25(6)       Council may appoint an independent review board to review the indemnities and other monetary benefits paid to members, and may pay the costs of the review board.

S.M. 1989-90, c. 8, s. 3; S.M. 1992, c. 37, s. 2; S.M. 1998, c. 37, s. 12.

PENSION AND INSURANCE PLANS

Pension and insurance plans

26(1)       The city may

(a) by by-law, establish, maintain and regulate a pension plan for members of council; and

(b) enter into contracts of group insurance providing for benefits for members of council and their dependents;

and may, in addition to other rates and assessments for city purposes, levy and assess in every year a rate sufficient to furnish the amount required for the purposes of the pension plan and the contracts of group insurance.

Members are not employees

26(2)       For the purposes of any pension plan for members of council, and for the purposes of The Pension Benefits Act, members of council are not employees of the city.

Previous pensions plans

26(3)       The city may provide for the integration of a pension plan of the council of an area municipality with a pension plan the city establishes for the members of council.

S.M. 1989-90, c. 8, s. 3.

PRESIDING OFFICER

Presiding officer and deputy

27(1)       At the first meeting of council following an election, and in November of each year after that, the council shall appoint from among the councillors a presiding officer and deputy presiding officer.

Mayor to chair part of first meeting

27(2)       The mayor shall chair the first meeting of council, until the presiding officer and deputy presiding officer are appointed.

Eligibility for appointment

27(3)       Any member of council, except the mayor and a member of executive policy committee, may be appointed to the position of presiding officer and deputy presiding officer.

Duties

27(4)       At a meeting of council, the presiding officer shall

(a) chair the meeting;

(b) maintain order and decorum; and

(c) decide questions of order, subject to appeal to council.

Absence

27(5)       In the absence of the presiding officer, the deputy presiding officer has the powers and duties of the presiding officer.

Participation in debates

27(6)       The presiding officer may at any time leave the chair and participate in the debate of council, and the deputy presiding officer shall chair the meeting until the presiding officer returns to the chair.

Acting presiding officer

27(7)       If the presiding officer and the deputy presiding officer are absent from a meeting of council, the members shall appoint an acting presiding officer to preside over the meeting, and the acting presiding officer has the powers and duties of the presiding officer.

S.M. 1989-90, c. 8, s. 3; S.M. 1993, c. 2, s. 5.

MAYOR

Head of council

28(1)       The mayor is the head of council and the chief officer of the city.

Ex officio member of committees

28(2)       The mayor is an ex officio member of each committee of council.

Mayor's appointments at first meeting

28(3)        At the first meeting of council following an election, and in November of each year after that, the mayor shall appoint

(a) a deputy mayor;

(b) an acting deputy mayor;

(c) the chairpersons of the standing committees of council, if standing committees are established by council; and

(d) members of executive policy committee under clause 29(1)(c).

Other appointments

28(3.1)     The mayor or the mayor's designate shall appoint members of council to serve as chairpersons or members of

(a) subcommittees of standing committees established by council under section 34; or

(b) committees of council other than standing committees.

Absence of mayor

28(4)       Where the mayor is absent or unavailable for any reason, the deputy mayor shall perform the duties and exercise the powers of the mayor including those under subsection (2).

Absence of deputy mayor

28(5)       Where the mayor and the deputy mayor are absent or unavailable for any reason, the acting deputy mayor shall perform the duties and exercise the powers of the mayor including those under subsection (2).

Suspension of by-law or resolution

28(6)       Where

(a) a resolution is adopted or passed by a vote of council, without a notice in writing given at a previous regular meeting of the council;

(b) the rules of council are suspended for the purpose of giving second and third readings to a by-law at one meeting; or

(c) in the opinion of the mayor, there is an error or omission in a by-law or resolution adopted by council authorizing the expenditure of money;

the mayor may, at any time within 48 hours after the resolution or by-law is passed or adopted by council, suspend its implementation by giving the clerk notice in writing; and the resolution or by-law shall have no force or effect unless a majority of the members of council present at a later meeting of council removes or over-rules the suspension.

S.M. 1989-90, c. 8, s. 3; S.M. 1991-92, c. 42, s. 6; S.M. 1994, c. 15, s. 4; S.M. 1998, c. 37, s. 13.

EXECUTIVE POLICY COMMITTEE

E.P.C. established

29(1)       There shall be an executive policy committee composed of

(a) the mayor;

(b) the chairpersons of the standing committees, if standing committees are established by council; and

(c) any other members of council appointed by the mayor.

Number of members of E.P.C.

29(1.1)     The mayor shall decide the number of members of executive policy committee, but the number of members shall not exceed seven.

Chairperson

29(2)       The mayor is chairperson of executive policy committee.

29(3) and    (4) Repealed, S.M. 1991-92, c. 42, s. 7.

Vacancy in E.P.C.

29(5)       Where a vacancy in the membership of executive policy committee occurs, the mayor shall fill the vacancy as soon as is practicable.

Tie vote

29(6)       At a meeting of executive policy committee, a question on which there is an equal number of votes is deemed to be decided in the negative.

S.M. 1989-90, c. 8, s. 3; S.M. 1991-92, c. 42, s. 7; S.M. 1994, c. 15, s. 5; S.M. 1998, c. 37, s. 14.

General duties of E.P.C.

30(1)       Executive policy committee shall

(a) formulate and present recommendations to council on policies, plans, budgets, by-laws and any other matter that affects the city as a whole;

(b) ensure the implementation of policies adopted by council;

(c) recommend to council an administrative structure for the city, for adoption by by-law under subsection 43(1);

(d) recommend to council

(i) persons for appointment as statutory officers, and

(ii) the suspension or dismissal of statutory officers;

(e) supervise the chief administrative officer;

(f) repealed, S.M. 1998, c. 37, s. 15;

(g) except as otherwise determined by council, co-ordinate the work of committees of council; and

(h) except as otherwise determined by council, receive the reports of committees of council and forward them to council with its own recommendations.

30(2)       Repealed, S.M. 1998, c. 37, s. 15.

E.P.C. may establish subcommittee

30(2.1)     Executive policy committee may establish a subcommittee to investigate and report on a matter within the responsibility of executive policy committee, and if such a subcommittee is established, the mayor shall appoint the members and the chairperson of the subcommittee.

Council may delegate to E.P.C.

30(3)       Subject to section 105 (limit on delegation), council may by by-law or resolution delegate a power, duty or function to executive policy committee.

Council may exercise powers

30(4)       None of the duties of executive policy committee under subsection (1) is a condition precedent to the exercise of powers under this Act by council.

S.M. 1989-90, c. 8, s. 3; S.M. 1998, c. 37, s. 15.

31          Repealed.

S.M. 1989-90, c. 8, s. 3; S.M. 1998, c. 37, s. 16.

Documents to be available to members

32          A report, agenda or minutes of a meeting of executive policy committee shall be made available to a member of council, on the request of the member to the mayor.

S.M. 1989-90, c. 8, s. 3; S.M. 1998, c. 37, s. 17 and 88.

STANDING COMMITTEES

Establishment of standing committees

33(1)       Council may by by-law establish standing committees and set out their respective duties and powers.

Delegation to standing committees

33(2)       Subject to section 105 (limit on delegation), council may by by-law or resolution delegate a power, duty or function of council to a standing committee.

Composition of standing committees

33(3)       For every standing committee established, council shall determine the number of members and shall, subject to subsection 28(3), make appointments to it not later than at the second meeting of council following an election, and in November of each subsequent year.

S.M. 1989-90, c. 8, s. 3; S.M. 1991-92, c. 42, s. 8; S.M. 1992, c. 37, s. 3; S.M. 1993, c. 2, s. 6; S.M. 1994, c. 15, s. 6; S.M. 1998, c. 37, s. 18.

Subcommittee of standing committee

34(1)       A subcommittee of a standing committee may be established by council, or by a standing committee, to investigate and report on a matter within the responsibility of the standing committee.

Composition of subcommittees

34(2)       The chairperson and members of a subcommittee of a standing committee shall be appointed

(a) by the standing committee, where the subcommittee is established by a standing committee; and

(b) by the mayor or the mayor's designate, where the subcommittee is established by council.

34(3)       Repealed, S.M. 1998, c. 37, s. 19.

S.M. 1989-90, c. 8, s. 3; S.M. 1993, c. 2, s. 7; S.M. 1998, c. 37, s. 19.

35          Repealed.

S.M. 1989-90, c. 8, s. 3; S.M. 1991-92, c. 42, s. 9; S.M. 1993, c. 2, s. 8; S.M. 1998, c. 37, s. 20.

36          Repealed.

S.M. 1989-90, c. 8, s. 3; S.M. 1991-92, c. 15, s. 5; S.M. 1998, c. 37, s. 20.

37          Repealed.

S.M. 1989-90, c. 8, s. 3; S.M. 1998, c. 37, s. 20.

38          Repealed.

S.M. 1989-90, c. 8, s. 3; S.M. 1993, c. 2, s. 9; S.M. 1998, c. 37, s. 20.

39 and 40   Repealed.

S.M. 1989-90, c. 8, s. 3; S.M. 1998, c. 37, s. 20.

41          Repealed.

S.M. 1989-90, c. 8, s. 3; S.M. 1989-90, c. 51, s. 3; S.M. 1998, c. 37, s. 21.

PART 2

ADMINISTRATIVE ORGANIZATION

42          Repealed.

S.M. 1989-90, c. 51, s. 4; S.M. 1998, c. 37, s. 22.

Council to pass administrative by-law

43(1)       Council shall by by-law establish and maintain the city's administrative structure and, subject to section 105, (limit on delegation) may by by-law delegate any of its administrative powers, duties or functions to an employee.

Delegation by employee

43(1.1)     An employee may delegate to another employee a power, duty or function given to the employee under a by-law, this Act or any other Act, unless the by-law or Act prohibits the delegation.

43(2)       Repealed, S.M. 1996, c. 48, s. 2.

S.M. 1989-90, c. 51, s. 4; S.M. 1996, c. 48, s. 2; S.M. 1998, c. 37, s. 23.

Conditions of employment

44          Council shall

(a) establish a code of conduct for employees; and

(b) establish classifications, rates, standards and conditions for employee remuneration and benefits.

S.M. 1989-90, c. 51, s. 4; S.M. 1998, c. 37, s. 24.

CHIEF ADMINISTRATIVE OFFICER

Appointment of chief administrative officer

45(1)       Council shall appoint a chief administrative officer.

Council may change title

45(2)       Council may change the title of the chief administrative officer.

S.M. 1989-90, c. 51, s. 4; S.M. 1998, c. 37, s. 26.

Powers, duties and functions of chief administrative officer

46(1)       The chief administrative officer's powers, duties and functions include the following:

(a) to carry out the powers, duties and functions  assigned by council, executive policy committee or this or any other Act;

(b) to inform executive policy committee on the affairs and operation of the city;

(c) to ensure that the city's policies and programs are implemented;

(d) except as council may otherwise direct, to manage and supervise employees;

(e) except as council may otherwise direct, and subject to an employee's contract or terms of employment, to appoint, suspend or dismiss employees other than statutory officers;

(f) to ensure the preparation of annual current and capital budgets;

(g) to ensure that the resolutions and by-laws of council are implemented and enforced.

Chief administrative officer may delegate

46(2)       The chief administrative officer may delegate a power, duty or function under subsection (1) to an employee.

S.M. 1989-90, c. 51, s. 4; S.M. 1998, c. 37, s. 26.

Mayor may suspend chief administrative officer

47(1)       The mayor may suspend the chief administrative officer for a period of no more than three working days.

Executive policy committee's duties re suspension

47(2)       Where a chief administrative officer is suspended under subsection (1), the executive policy committee shall, during the period of suspension,

(a) recommend to council the dismissal of the chief administrative officer;

(b) reinstate the chief administrative officer immediately; or

(c) extend the suspension for a period of no more than 30 days and during that period

(i) recommend to council the dismissal of the chief administrative officer, or

(ii) reinstate the chief administrative officer.

S.M. 1989-90, c. 51, s. 4; S.M. 1998, c. 37, s. 26.

48 and 49   Repealed.

S.M. 1989-90, c. 51, s. 4; S.M. 1998, c. 37, s. 26.

CITY CLERK

Appointment and duties

50(1)       Council shall appoint a clerk who shall

(a) record in a book, without note or comment, all resolutions, decisions and other proceedings of council;

(b) if requested by any councillor present at a meeting, record the name and vote of every councillor on any matter before council;

(c) keep in his or her office or in a place appointed by council for that purpose, the records of council and reports acted on by council, and the original or certified copies of by-laws and minutes of the proceedings of council;

(c.1) subject to any exemptions from access provided in a by-law under section 81.1, ensure that any information requested of the city by the minister is provided within a reasonable time; and

(d) perform such other duties as may be assigned by council.

50(2)       Repealed, S.M. 1994, c. 15, s. 7.

Acting city clerk

50(3)       When the office of the clerk is vacant or the clerk is unable to perform the duties of the office, owing to illness or other cause, council may appoint an acting clerk who shall have all the powers and duties of the clerk.

S.M. 1989-90, c. 51, s. 4; S.M. 1994, c. 15, s. 7; S.M. 1997, c. 34, s. 2.

CITY TREASURER

Duties

51(1)       Council shall appoint a treasurer who

(a) shall maintain such accounts, books of account and statistical records as shall at all times reflect the true state of the fiscal affairs of the city and all departments of the city;

(b) is responsible for the collection of civic revenues and shall see that they are deposited in a bank or other financial institution designated by council, and shall pay out moneys belonging to the city to such persons and in such manner as is provided in this Act and as is directed by council;

(c) is responsible for the payment of accounts due and payable by the city, including the payment of salaries and wages, and if there is a credit balance remaining in the account to which an account due is to be charged, the treasurer shall pay it;

(d) shall be the custodian of all vouchers, agreements, title deeds and other documents, except when the custody of the documents is placed elsewhere by by-law;

(e) shall attend to the placing of such insurance as may be decided by council;

(f) shall receive and safely keep all moneys belonging to the city, and bonds and debentures that are issued by the city and undelivered to purchasers, or unsold, and shall pay out or deliver them to such persons and in the manner as provided in this Act, and as the by-laws or resolutions of council may direct;

(g) may make accountable advances from time to time for the purposes of the city from its funds, subject to such terms and conditions as council may impose to facilitate the discharge of the functions and responsibilities of the city;

(h) shall submit to council, on or before June 30 in each year, a report on the financial position of the city at the end of the previous fiscal year, including balance sheets, statements of revenue and expenditure and other financial statements necessary to provide full disclosure of the financial position of the city; and

(i) shall perform such other duties as may be assigned by council.

51(2)        Repealed, S.M. 1994, c. 15, s. 8.

Acting treasurer

51(3)       When the office of treasurer is vacant or the treasurer is unable to perform duties, owing to illness or other cause, council may appoint an acting treasurer who shall have all the powers and duties of the treasurer.

S.M. 1989-90, c. 51, s. 4; S.M. 1994, c. 15, s. 8; S.M. 2002, c. 47, s. 29.

Mechanical execution of cheques

52          Council may by by-law authorize the execution of cheques by the reproduction of facsimile signatures by mechanical means.

S.M. 1989-90, c. 51, s. 4.

Payment of councillors

53          No councillor shall receive money from the city treasurer for work performed or to be performed except the indemnity and expenses lawfully authorized.

S.M. 1989-90, c. 51, s. 4.

Liability of treasurer

54          The city treasurer is not liable to an action at law for any moneys paid by the treasurer in accordance with a by-law or resolution passed by council, except where another disposition is expressly made of such moneys by statute.

S.M. 1989-90, c. 51, s. 4.

Depletion of budgeted amounts

55          Where an approved budget of a project or program is fully expended, no further expenditure or commitment shall be made that would be chargeable to the project or program until an additional appropriation is provided by council.

S.M. 1989-90, c. 51, s. 4.

Payments to persons indebted to city

56          The city treasurer shall not make a disbursement in favour of a person indebted to the city, or to an assignee of the person, except for the balance that is due to the person over and above the debt due to the city.

S.M. 1989-90, c. 51, s. 4.

Annual report to minister

57          The treasurer shall send to the minister, on or before June 30 in each year, financial statements in respect of the last preceeding fiscal year of the city, together with a copy of the city auditor's report and such other information as the minister may require.

S.M. 1989-90, c. 51, s. 4; S.M. 1991-92, c. 42, s. 10.

CITY AUDITOR

Appointment of city auditor

58(1)       Council shall appoint a city auditor who shall hold office during good behavior and who may be suspended or dismissed by a resolution of council that is approved by at least 2/3 of the councillors.

Persons not eligible for appointment

58(2)       A person shall not be appointed as city auditor, where the person

(a) is, or was in the immediately preceding year, a member of council; or

(b) has, or had in the immediately preceding year, directly or indirectly, alone or with another person, a share or interest in a contract or employment with or on behalf of the city, except as an auditor.

Supervision

58(3)       The city auditor shall supervise, and is responsible for, all matters relating to the conduct of the office of the city auditor and of persons employed for the purpose of fulfilling the duties of the office.

Suspension of employee

58(4)       The city auditor may suspend from duty an employee in the office of the city auditor and shall report any suspension to council, which may dismiss, discipline or reinstate the employee.

Delegation of authority

58(5)       The city auditor may delegate to an employee in the office of the city auditor any duty that by this Act the city auditor is required to do, other than reporting to council.

Powers of city auditor

58(6)       The city auditor shall have access at all reasonable times to documents and records relating to the accounts of the city, and may require and receive from employees of the city, and any board or commission of the city, information, reports and explanations that the city auditor considers necessary for the proper performance of the duties of the city auditor.

Stationing of staff

58(7)       The city auditor may station an employee of the office of the city auditor in a department, board or commission of the city to enable the city auditor to carry out the duties of the office more effectively; and the department, board or commission shall provide office accomodation for the employee.

Security requirements

58(8)       The city auditor shall require an employee who examines the accounts of a department, board or commission under this Act to comply with security requirements that apply to persons employed in the department, board or commission.

Audit of grantees

58(9)       The city auditor may examine and audit the accounts of a person, institution or agency to which the city makes a financial contribution.

Examination under oath

58(10)      Subject to the approval of council, the city auditor or, where approved by council, a representative of the city auditor, may examine any person on oath touching any matter which by this Act the city auditor is required to audit or control; and for the purpose of the examination the city auditor, or the representative, has the powers and protection of a commissioner appointed under Part V of The Manitoba Evidence Act.

58(11) to (13) Repealed, S.M. 1991-92, c. 42, s. 11.

S.M. 1989-90, c. 51, s. 4; S.M. 1991-92, c. 15, s. 6; S.M. 1991-92, c. 42, s. 11; S.M. 1997, c. 34, s. 3; S.M. 1998, c. 37, s. 27.

Accounts and operations

59          The city auditor shall examine, in a manner that the city auditor considers necessary and in accordance with such terms of reference as council may establish from time to time, the accounts of the city and boards and commissions and shall ascertain whether, in the opinion of the city auditor,

(a) the accounts have been properly kept;

(b) all moneys have been fully accounted for, and the rules and procedures that are applied are sufficient to secure an effective check on the levy, collection and proper allocation of the revenue;

(c) money is expended for the purpose for which it is appropriated by council, and the expenditure is properly authorized;

(d) essential records are maintained, and the rules and procedures applied are sufficient to safeguard and control city property;

(e) money is expended with due regard for economy and efficiency; and

(f) satisfactory procedures have been established to measure and report to council on the achievement of economy and efficiency.

S.M. 1989-90, c. 51, s. 4; S.M. 1991-92, c. 42, s. 12.

Report to council

60(1)       The city auditor shall, within the time specified in subsection (2), report to council respecting the fiscal year,

(a) as to the city auditor's examination of accounts of receipts and payments of moneys;

(b) as to the city auditor's examination of the balance sheet and related schedules shown in the accounts of the city and boards and commissions, in which the city auditor shall state whether

(i) they were compared with the books of account and financial records,

(ii) the information required by the city auditor was obtained, and

(iii) in the opinion of the city auditor, they are properly drawn up so as to present fairly, on a basis consistent with the preceding year, the financial position of the city;

(c) as to any important change in the extent or character of any examination made by the city auditor;

(d) setting out cases where money was not expended in accordance with clause 59(e);

(e) setting out cases where satisfactory procedures are not established in accordance with clause 59(f), whether or not the procedures were recommended by the city auditor; and

(f) on such matters as the city auditor desires to bring to the attention of council.

Time of report

60(2)        A report on matters referred to in subsection (1) shall be made as follows:

(a) in the case of matters referred to in clauses (1)(a), (b), (c) and (f), not later than six months after the end of the fiscal year; and

(b) in the case of matters referred to in clauses (1)(d) and (e), not later than the completion of the report with respect to those matters, or six months after the end of the fiscal year, whichever is earlier.

S.M. 1989-90, c. 51, s. 4; S.M. 1991-92, c. 42, s. 13; S.M. 1993, c. 2, s. 10.

Report on statements

61          In the report made under subsection 60(1), the city auditor shall report on the examination by the office of the city auditor of

(a) the statements of the expenditures and revenues of the city and for each board and commission for the fiscal year; and

(b) the statements of assets and liabilities required to show the financial position of the city and boards and commissions at the end of their respective fiscal years.

S.M. 1989-90, c. 51, s. 4; S.M. 1991-92, c. 42, s. 14; S.M. 1993, c. 2, s. 11.

62          Repealed.

S.M. 1989-90, c. 51, s. 4; S.M. 1991-92, c. 42, s. 15.

Special audits

63          Council may, at any time, direct the city auditor to audit the accounts of the city, or a board or commission of the city that receives, pays or accounts for city moneys, and to report to council.

S.M. 1989-90, c. 51, s. 4; S.M. 1991-92, c. 42, s. 16; S.M. 1998, c. 37, s. 28.

Appointment of external auditor

63.1(1)     Council may appoint one or more accountants or a partnership of accountants as external auditors to examine and report to council on the annual financial statements of

(a) the city; or

(b) a board or commission established under this Act.

Accountants not eligible for appointment

63.1(2)     No accountant or partnership of accountants shall be appointed under subsection (1) as an external auditor where the accountant, or an accountant employed in or by the partnership, is, or was in the immediately preceding year, a member of council or an official or employee, other than an auditor, of the city.

By-law respecting external auditor

63.1(3)     Council may by by-law

(a) set the term of appointment of an external auditor; and

(b) establish terms and conditions respecting the appointment of an external auditor.

Council to set fees of external auditor

63.1(4)     Council shall from time to time set a fee or establish a schedule of fees payable for an audit under this Act by an external auditor.

City auditor and external auditor

63.1(5)     The city auditor shall provide an external auditor with such information, records, documents and other assistance as is required by the external auditor for the purpose of the audit conducted by the external auditor.

S.M. 1991-92, c. 42, s. 17.

Report of external auditor

63.2(1)     An external auditor may report to council at any time on a matter arising during an audit and shall report any irregularity that comes to his or her attention, including any failure on the part of an employee to comply with a request of the external auditor.

Report of external auditor on statements

63.2(2)     An external auditor appointed under subsection 63.1(1) shall report the results of the audit to council within six months after the end of the fiscal year and the report shall include the matters set out in clauses 60(a), (b), (c) and (f), and section 61.

Report of city auditor

63.2(3)     Notwithstanding any provision of this Act to the contrary, where an external auditor is appointed under subsection 63.1(1), the city auditor is not required to report to council on the matters referred to in subsection (2).

S.M. 1991-92, c. 42, s. 17.

Powers and duties of external auditor

63.3        Subsections 58(6) to (8) apply to an external auditor, with necessary modifications.

S.M. 1991-92, c. 42, s. 17.

Duties of external auditor

63.4        Notwithstanding the provisions of this Act respecting the duties of the city auditor, an external auditor appointed under clause 63.1(1)(a) shall, for the fiscal year in which the external auditor is appointed, perform the duties of the city auditor referred to in the following provisions:

(a) section 57 (annual report to minister);

(b) subsection 338(5) (reserve fund);

(c) subsection 417(8) (parking authority).

S.M. 1991-92, c. 42, s. 17.

64          Repealed.

S.M. 1989-90, c. 51, s. 4; S.M. 1997, c. 41, s. 24.

OMBUDSMAN

Definition

65          In sections 66 to 73, "municipal unit" means a board, commission, association, department or other body of persons, whether incorporated or unincorporated, of which all the members, or all the members of the board of management or board of directors,

(a) are appointed by council, or

(b) if not appointed by council are, in the discharge of their duties, employees of the city or are, directly or indirectly, responsible to the city. (« organisme municipal »)

S.M. 1989-90, c. 8, s. 4; S.M. 1989-90, c. 51, s. 6.

Appointment of ombudsman

66(1)       Subject to the provisions of this Act, council shall by by-law establish the position of ombudsman, who shall be a person appointed by council or retained by the city to perform the duties of the ombudsman.

By-law

66(2)       A by-law passed under subsection (1) shall provide for the following, in regard to the ombudsman:

(a) qualifications;

(b) procedures for appointment;

(c) salary and expenses;

(d) grounds for suspension and removal;

(e) the appointment of an acting ombudsman when the office is vacant for any reason;

and guidelines may be established in the by-law for the ombudsman to follow in performing the duties of the position.

Term of office

66(3)       Unless the ombudsman sooner resigns, dies or is removed from office, the ombudsman shall hold office for six years from the date of the appointment by council or, where the person is retained, from the date of the contract with the city, and may be re-appointed.

Reporting

66(4)       The ombudsman shall report directly to council.

Restrictions on employment

66(5)       The ombudsman is not eligible to hold any other public office, or to be nominated or elected as a member of council or the Legislative Assembly, or to carry on a trade, business or profession.

Classification of position

66(6)       Where appointed as an employee of the city, the ombudsman shall not be covered by a collective agreement but is entitled to benefits similar to those of other employees of the city, as determined by council.

Declaration by ombudsman

66(7)       Before beginning to perform the duties of the position, the ombudsman shall make a declaration before council to faithfully and impartially perform the duties of the office, and not to divulge any information received under this Act, except as provided in this Act.

S.M. 1989-90, c. 8, s. 4; S.M. 1989-90, c. 51, s. 6.

Budget

67(1)       The ombudsman shall prepare and submit an annual budget to executive policy committee.

Organization of office

67(2)       Subject to the approval of council, the ombudsman may select, appoint and compensate, within the budget approved by council, such employees as the ombudsman considers necessary to perform the duties conferred under this Act.

Employees

67(3)       An employee in the office of the ombudsman shall not be covered by a collective agreement but is entitled to benefits similar to those of other employees of the city, as determined by council.

Declaration by employee

67(4)       A person employed in the office of the ombudsman shall, before performing the duties of the position, make a declaration before the ombudsman that the person will not divulge any information obtained in the course of the employment, except as permitted by this Act.

Secrecy

67(5)       The ombudsman and every person employed by the ombudsman shall maintain secrecy in respect of all matters that come to their knowledge in the exercise of their duties and functions under this Act.

Delegation

67(6)       The ombudsman may delegate any of the powers of the ombudsman to an employee, except the power of delegation and the duty to make a report under section 71.

S.M. 1989-90, c. 8, s. 4; S.M. 1989-90, c. 51, s. 6.

Jurisdiction

68(1)       Subject to subsections (3) and (4), the ombudsman may, on receiving a written complaint, or on the ombudsman's own initiative, investigate

(a) a decision or recommendation;

(b) an act done or omitted; or

(c) a procedure;

relating to a matter of administration in or by a municipal unit of the city, whereby a person is or may be aggrieved.

Reference by council

68(2)       Council may refer to the ombudsman a matter that is before council for consideration, and the ombudsman shall, subject to any special directions of council, investigate the matter, so far as it is within the jurisdiction established under subsection (1), and report to council.

Limit on jurisdiction

68(3)       Nothing in this Part authorizes the ombudsman to investigate a decision or recommendation, an act done or omitted, or a procedure used by council or a committee of council, or to investigate a matter where an adequate remedy or right of appeal exists, whether or not the complainant uses it.

Questions as to jurisdiction

68(4)       Where a question arises as to the jurisdiction of the ombudsman to investigate a matter, the ombudsman may apply to the Court of Queen's Bench for a declaration to determine the question.

S.M. 1989-90, c. 8, s. 4; S.M. 1989-90, c. 51, s. 6; S.M. 1998, c. 37, s. 29.

Refusal to investigate

69(1)       The ombudsman may refuse to investigate, or may cease to investigate a matter where

(a) an adequate remedy or right of appeal already exists, whether or not the complainant uses the remedy or right of appeal;

(b) the complaint, in the opinion of the ombudsman, is frivolous, vexatious or not made in good faith, or concerns a trivial matter;

(c) the complaint relates to a decision, recommendation, act or omission of which the complainant had knowledge for more than one year before making a complaint to the ombudsman; or

(d) having regard to all the circumstances, further investigation of the matter is, in the opinion of the ombudsman, unnecessary.

Report of decision not to investigate

69(2)       Where the ombudsman decides not to investigate, or to cease to investigate, a complaint, the ombudsman shall in writing inform the complainant and any other interested person of the decision and shall state the reason for the decision.

Notification of investigation

69(3)       Where the ombudsman decides to investigate a complaint, the ombudsman shall notify the head of a municipal unit to which the complaint relates.

S.M. 1989-90, c. 8, s. 4; S.M. 1989-90, c. 51, s. 6.

Access to information

70(1)       The ombudsman may receive and obtain information from any person and in a manner that the ombudsman considers appropriate, and may conduct hearings.

Further powers

70(2)       Without restricting the generality of subsection (1), the ombudsman may

(a) at a reasonable time enter, remain on and inspect premises occupied by a municipal unit, converse in private with any person on the premises and otherwise investigate matters within the jurisdiction of the ombudsman;

(b) require a person to furnish information, or produce a document or thing in the person's possession or control that relates to an investigation at a time and place specified by the ombudsman, whether or not the person is a past or present employee of a municipal unit, and whether or not the document or thing is in the custody or under the control of a municipal unit;

(c) make copies of a document produced under this section;

(d) summon and examine on oath a person that the ombudsman believes is able to give information relating to an investigation, whether or not the person is a complainant or a member or employee of a municipal unit, and for that purpose may administer an oath; and

(e) receive and accept, on oath or otherwise, evidence that the ombudsman considers appropriate, whether or not it is admissible in a court.

Return of thing to municipal unit

70(3)       Where the ombudsman obtains a document or thing under subsection (2) and the municipal unit requests its return, the ombudsman shall, within two working days after receiving the request, return it to the municipal unit, but the ombudsman may again require it to be produced under this section.

Application of laws on disclosure

70(4)       A rule of law that authorizes or requires the withholding of a document, paper or thing, or the refusal to answer a question, on the ground that the disclosure or answering would be injurious to the public interest does not apply in respect of an investigation by or proceedings before the ombudsman.

Provisions relating to secrecy

70(5)       No provision of a by-law or resolution of council requiring a person to maintain secrecy in relation to, or not to disclose information relating to, a matter shall apply in respect of an investigation by the ombudsman; and no person required by the ombudsman to furnish information or to produce a document, paper or thing, or or who is summoned by the ombudsman to give evidence, shall refuse to furnish the information, produce the document, paper or thing, or to answer questions on the ground of any such provision.

Admissibility of evidence

70(6)       Except on the trial of a person for perjury, no statement made, or answer or evidence given by the person or any other person in the course of an investigation by, or any proceedings before, the ombudsman is admissible in evidence against a person in a court or at an inquiry or in any other proceeding, and no evidence respecting a proceeding before the ombudsman shall be given against any person.

Investigations to be private

70(7)       An investigation by the ombudsman shall be conducted in private.

Hearings and right to be heard

70(8)       The ombudsman may hold hearings, obtain information from any person, and make such inquiries as the ombudsman considers necessary; and no person is entitled, as of right, to be heard by the ombudsman.

Opportunity to make representation

70(9)       Where it appears to the ombudsman that there may be sufficient grounds for making a report under section 71 that may adversely affect a municipal unit or a person, the ombudsman shall give the head of the municipal unit or the person an opportunity to make representations, orally or in writing, at the discretion of the ombudsman, before making the report.

S.M. 1989-90, c. 8, s. 4; S.M. 1989-90, c. 51, s. 6.

Report on investigation

71(1)       Where, after completing an investigation, the ombudsman is of the opinion that a decision, recommendation, act, omission or procedure of a municipal unit

(a) is contrary to law;

(b) is unjust, oppressive or improperly discriminatory;

(c) is based on a rule of law or practice that is unjust, oppressive or improperly discriminatory;

(d) is based in whole or in part on a mistake of law or fact or on an irrelevant ground or consideration;

(e) is related to the application of arbitrary, unreasonable or unfair procedure;or

(f) was made without providing adequate reasons;

the ombudsman shall provide a written report of the opinion, with reasons, to the head of the municipal unit.

Nature of recommendations

71(2)       In making a report under subsection (1), the ombudsman may recommend that

(a) a matter be referred to a municipal unit for further consideration;

(b) an omission or delay be rectified;

(c) a decision or recommendation be revoked or varied;

(d) reasons be given by a municipal unit for a decision;

(e) a practice or procedure be altered;

(f) a statute, regulation or by-law be reconsidered; or

(g) such other steps be taken as the ombudsman considers reasonable and just.

Notice or proposed steps

71(3)       Where a recommendation is made under subsection (2), the ombudsman may request the head of the municipal unit to notify the ombudsman within a specified time of steps taken, or that are proposed, to give effect to the recommendation.

Further report on recommendations

71(4)       If, within a reasonable time after a request is made under subsection (3), no action is taken that in the opinion of the ombudsman is adequate and appropriate, the ombudsman may report the matter to council.

Report to complainant

71(5)        Where an investigation is made of a complaint, the ombudsman shall report the result of the investigation to the complainant, in such manner and at such time as the ombudsman considers proper.

S.M. 1989-90, c. 8, s. 4; S.M. 1989-90, c. 51, s. 6.

Review of ombudsman's decision

72(1)       No proceeding of the ombudsman is void for want of form, and no proceeding or decision of the ombudsman shall be challenged, reviewed, quashed or called in question in a court, except on the ground of lack of jurisdiction.

No proceeding against ombudsman

72(2)       No proceedings lie against the ombudsman or against an employee of the ombudsman for anything done in the course of the exercise or performance, or intended exercise or performance, of functions and duties under this Act, unless it is done in bad faith.

Ombudsman not to be called as witness

72(3)       The ombudsman and any employee of the ombudsman shall not be called to give evidence in a court or in any proceeding of a judicial nature in respect of anything coming to their knowledge in the performance of functions and duties under this Act.

Annual report to council

72(4)       The ombudsman shall in each year make a written report to council on the performance of functions and duties by the ombudsman under this Act in the previous year.

Publication of reports

72(5)       Where the ombudsman considers it to be in the public interest, or in the interest of a person or municipal unit, the ombudsman may publish a report relating generally to the performance of duties under this Act or to a case investigated by the ombudsman, whether or not the matters in the report are the subject of a report to council under this Act.

S.M. 1989-90, c. 8, s. 4; S.M. 1989-90, c. 51, s. 6.

Offence and penalty

73          A person who wilfully and without lawful justification,

(a) obstructs, hinders or resists the ombudsman or any other person in the performance of the functions and duties of the ombudsman under this Act;

(b) fails to comply with a lawful request of the ombudsman or an employee of the ombudsman; or

(c) makes a false statement to, or misleads or attempts to mislead, the ombudsman or any other person in the exercise or performance of the functions and duties of the ombudsman under this Act;

is guilty of an offence and liable to a penalty under section 149.

S.M. 1989-90, c. 8, s. 4; S.M. 1989-90, c. 51, s. 6; S.M. 1998, c. 37, s. 30.

Pension plan by-laws

74(1)       The city may pass by-laws for establishing, maintaining and regulating a pension plan and group insurance plan for officers and employees of the city and may, in addition to all other rates and assessments for city purposes, levy and assess in every year a special rate sufficent to furnish the amount required during the year for the purpose of establishing and maintaining the funds for the plans and may guarantee the solvency of the plans.

Admission into pension plan

74(2)       The city shall pass by-laws to maintain pension plans in existence in any area municipality before the coming into force of this Act and, subject to the provisions of any agreement under which the pension plan was established, council may make arrangements for alterations in pension programs over which it assumes jurisdiction as in the opinion of council will be in the best interests of the city employees or any group of its employees.

Moneys owing to deceased employee

74(3)       Money, to the amount of $2,500., in the hands of the city or the Sinking Fund Trustees at the credit of a former employee or pensioner who dies leaving a surviving spouse, may be paid to the surviving spouse without requiring the issue of letters of administration of the estate of the deceased, or grant of probate of the will of the deceased and receipt for the money signed by the surviving spouse is a full release and discharge of the city from any further liability in respect thereof.

Where amount exceeds $2,500.

74(4)       Where the amount in the hands of the city or the Sinking Fund Trustees at the credit of the former employee or pensioner who has died leaving a surviving spouse exceeds $2,500., the whole amount shall be paid to the administrator of the estate of the deceased or to the executor of the will of the deceased, and $2,500. of the amount is free from any claim for debt against the deceased, and this subsection shall be deemed to apply to money at the credit of the deceased employee or pensioner, whether as contributions to the pension, accrued wages or otherwise.

S.M. 1989-90, c. 51, s. 5.

Definitions

75(1)       In this section,

"benefit board" means a benefit board established by a by-law passed under subsection 74(1); (« conseil d'avantages sociaux »)

"committee" means a committee of a benefit board. (« comité »)

Establishment of benefit boards and committees

75(2)       In a by-law passed under subsection 74(1), council may establish such benefit boards and committees as it considers necessary or advisable to operate and administer any pension plan or group insurance plan established under the by-law, and the by-law shall, with respect to any such benefit board or committee,

(a) provide for the method of election of members;

(b) provide for the method of appointment of officers;

(c) provide for its powers and duties;

(d) fix the terms of the members and officers;

(e) provide for the payment of the expenses of members and officers, and of remuneration to some or all members and officers;

(f) establish procedure governing the conduct of meetings;

(g) provide for the manner in which it shall keep a complete and accurate set of accounts for each fund; and

(h) provide for such other matters as council considers necessary or advisable.

Composition of benefit boards

75(3)       Each benefit board shall be composed of

(a) individuals elected as members by employees participating in the pension plan or group insurance plan, in such number as council may fix in a by-law passed under subsection 74(1);

(b) individuals appointed by council as members, equal in number to those elected under clause (a); and

(c) a designated employee.

Composition of investment committee

75(4)       For the purpose of a benefit board established under a by-law passed under subsection 74(1), council may provide in the by-law for the establishment of an investment committee which shall be composed of

(a) two persons appointed by the elected members of the benefit board; and

(b) four persons appointed by council, at least three of whom shall be chosen for their experience in investment.

Admission of other employees to plan

75(5)       A by-law passed under subsection 74(1) to establish a pension plan or group insurance plan may provide for the admission to the plan of employees of an employer whose function

(a) is conducted within the boundaries of the city; and

(b) is, in the opinion of council, related to the operations of the city under this Act;

subject to such terms and conditions as council may determine, and the city may for that purpose enter into an agreement with the employer.

Limitation of liability

75(6)       A by-law passed under subsection 74(1) may provide that no member of a benefit board or committee established under the by-law is personally liable for anything done by him or her in good faith under the authority of this Act.

Combination of funds for investment

75(7)       A benefit board established by a by-law passed under subsection 74(1) may combine any funds that it administers with the funds of another such benefit board for the purpose of investment if

(a) council by by-law authorizes the combination of such funds;

(b) the manner of the investment of the combined funds is authorized by each benefit board; and

(c) accounts are kept to show the share of each benefit board in the combined fund.

S.M. 1989-90, c. 51, s. 5; S.M. 1991-92, c. 42, s. 18; S.M. 1998, c. 37, s. 31.

Continued power

76          Council shall be deemed always to have had the powers contained in subsection 74(1) and section 75.

S.M. 1989-90, c. 51, s. 5.

Pensions exempt from process

77          Subject to The Garnishment Act, the right of a retired employee of the city, a board or commission or the police department to receive payments out of a pension fund heretofore or hereafter created by the city, or out of the police pension fund, and money payable to a person under the city's pension scheme or out of any such fund, or as advance by way of gratuity, whether made in periodic payments or otherwise, shall not be assigned, charged, anticipated or given as security, or seized, attached or levied upon by or under the process of a court.

S.M. 1989-90, c. 8, s. 6; S.M. 1989-90, c. 51, s. 5.

City may refuse power of attorney

78          The city may in its discretion refuse to recognize a power of attorney granted by a person with reference to any right, money or payment to which reference is made in section 77.

S.M. 1989-90, c. 51, s. 5.

By-law to merge pension plans

79(1)       Notwithstanding any other provision of this Act, council may by by-law merge into one pension plan the pension plans maintained under by-law No. 219 of the former Metropolitan Corporation of Greater Winnipeg, and by-laws No. 1125/75, and No. 2819/80, including any such pension plan which may have, at the date of merger, an actuarial surplus or an unfunded liability, and council may by by-law merge into one trust the trusts arising under the pension plans that are merged.

Powers of council

79(2)       Subject to subsection (3), a merger under subsection (1) of pension plans and trusts arising under the pension plans shall be effected in a manner and on terms and conditions that council considers appropriate, and a by-law passed under subsection (1) may be retroactive and shall be deemed to come into force on the date stipulated in the by-law.

No adverse effect on pension credits

79(3)       Council shall satisfy itself, before passing a by-law under subsection (1), that the pension benefit credits, as defined in The Pension Benefits Act, of members of the pension plans that are to be merged are not adversely affected by the merger and, for that purpose and all other purposes, the certificate of the actuary of the pension plans to that effect shall be conclusive thereof.

Amendments

79(4)       Notwithstanding the provisions of pension plans that are merged under subsection (1), or the by-laws creating the pension plans, council may pass by-laws amending the pension plans that are merged and any trusts arising under the pension plans, to facilitate a merger, and council may amend a by-law passed under subsection (1).

Application of other statutes

79(5)       Notwithstanding section 3 of The Pension Benefits Act, that Act and The Trustee Act do not apply to a merger under subsection (1) of pension plans and to a merger of trusts arising under such pension plans.

S.M. 1989-90, c. 8, s. 5; S.M. 1989-90, c. 51, s. 6.

EMPLOYEE BENEFITS PROGRAM

Definitions

79.1(1)     In this section and section 79.2,

"amended and restated employee benefits program" means the employee benefits program, as proposed to be amended and continued under the agreements to be entered into pursuant to the amending agreement, with such changes, if any, as are approved by the court under clause (5)(c); (« régime d'avantages sociaux modifié et révisé »)

"amended and restated pension plan" means the pension trust agreement, and any related document setting out the terms of the plan administered under that agreement, that governs the pension plan to be continued as part of the amended and restated employee benefits program; (« régime de pension modifié et révisé »)

"amending agreement" means the Letter of Understanding, ratified by the city on November 22, 2000, between the city and the collective bargaining agents regarding proposed changes to the employee benefits program; (« accord modificatif »)

"class of members" means one of the following classes of members:

(a) members who are employees represented by a participating union,

(b) members who are employees not represented by a participating union,

(c) members not described in clause (a) or (b); (« catégorie de participants »)

"commission" means The Pension Commission of Manitoba under The Pension Benefits Act; (« Commission »)

"employee benefits program" means the pension plan, the long-term disability plan and the early retirement benefits arrangement that were provided for by by-law when this section came into force; (« régime d'avantages sociaux »)

"member" means a member of the pension plan that forms part of the employee benefits program, and includes

(a) a former member who is entitled to a deferred benefit under the plan, and

(b) a pensioner who, or a member's beneficiary who, has an absolute entitlement to benefits under the plan; (« participant »)

"participating union" means a collective bargaining agent that is a party to the amending agreement; (« syndicat participant »)

"superintendent" means the Superintendent of Pensions appointed under The Pension Benefits Act. (« surintendant »)

Implementation of amending agreement

79.1(2)     The parties to the amending agreement may implement the agreement only with the approval of the court under clause (5)(c).

Application for court approval

79.1(3)     The parties to the amending agreement may apply to the Court of Queen's Bench for an order approving the implementation of that agreement.

Non-application of Trustee Act

79.1(4)     Section 59 of The Trustee Act does not apply to any variation of a trust that is required to implement the amending agreement as approved by the court under clause (5)(c).

Court order

79.1(5)     In connection with an application under subsection (3), the court may make any interim or final order it thinks fit, including, without limitation,

(a) an order respecting the notice to be given to members and to the superintendent;

(b) an order appointing counsel to represent the interests of any class of members;

(c) if the court is satisfied that the amendments to be made to the employee benefits program are justifiable and beneficial for each class of members as a whole, an order approving

(i) the implementation of the amending agreement, and

(ii) any variation of a trust that is necessary to implement the amending agreement,

as proposed or with any changes approved by the court;

(d) an order fixing costs relating to the court application that are to be paid out of the pension fund.

Effect of implementation with court approval

79.1(6)     If the parties to the amending agreement implement the agreement as approved by an order made under clause (5)(c),

(a) the existing pension plan, long term disability plan and early retirement benefits arrangement comprising the employee benefits program are amended and continued under the terms of the amended and restated employee benefits program;

(b) the amended and restated employee benefits program applies to and is binding on the members and all other former employees, and every ascertained or unascertained beneficiary of a member or other former employee, except that the amended and restated pension plan does not apply to those who, as a class, exclude themselves from it under subsection 26.1(3) of The Pension Benefits Act;

(c) subsection 26(5) of The Pension Benefits Act does not apply to the amending agreement or the amended and restated pension plan; and

(d) for the purposes of clause 26(2.1)(a) and subsection 26(2.2) of The Pension Benefits Act, the commission may consider the terms of the amended and restated pension plan as at the effective date of its implementation to be the terms that governed the pension plan as at that date.

Designation as a multi-unit pension plan

79.1(7)     Despite subsection 26.1(2) of The Pension Benefits Act, when the superintendent is satisfied that

(a) the pension plan has been amended and restated as approved by the court under clause (5)(c);

(b) the provisions of the amended and restated pension plan meet the requirements of subsection 26.1(11) of The Pension Benefits Act; and

(c) members have been given the opportunity under subsection 26.1(3) of The Pension Benefits Act to exclude themselves from the amended and restated pension plan;

the superintendent shall designate the amended and restated pension plan as a multi-unit pension plan under The Pension Benefits Act.

Interpretation

79.1(8)     Subject to subsection (7), nothing in this section or in an order made under subsection (5) shall have the effect of limiting the power of the superintendent or the commission to ensure that the amended and restated pension plan complies with the provisions of The Pension Benefits Act that apply to it.

S.M. 2001, c. 42, s. 5.

Payments to city to pay other employee benefits

79.2        Despite subsection 26(2) of The Pension Benefits Act, the commission's consent is not required for payments of surplus out of the pension plan to the city under the terms of the amended and restated pension plan if those payments

(a) are not more than the maximum payable to the city under subsection 26(2.3) of The Pension Benefits Act; and

(b) are not more than the amounts required by the city to fund benefits under the long term disability plan and the early retirement benefits arrangement continued under the amended and restated employee benefits program.

S.M. 2001, c. 42, s. 5.

RECORDS MANAGEMENT

Definitions

80(1)       In this section,

"department" means a department of the city, and includes a board, commission, association or other body, whether incorporated or unincorporated, all the members of which, or all the board of management or board of directors of which, are appointed by council; (« service »)

"photograph" includes microfiche, microfilm or any other photographic reproduction on film or paper to produce a readable image of a record; (« photographie »)

"record" means any form of recorded information, regardless of physical characteristics, created or held by a department. (« document »)

By-law on records

80(2)       Council shall pass a by-law to provide for the management, retention, safe-keeping, disposition and destruction of records.

Appointment of city archivist

80(3)       In a by-law passed under subsection (2), council shall provide for the appointment of a city archivist.

Duties of city archivist

80(4)       The city archivist shall

(a) establish and administer a system of records management to serve the current and long-term requirements and interests of the city;

(b) organize and administer the archives of the city to preserve records that are designated by the records committee to be of enduring significance;

(c) acquire, preserve and make available, subject to the agreement of donors, documents relating to the history of the city;

(d) encourage, promote and conduct research into the history of the city through programs of information for employees of the city, organizations, persons with an interest in certain aspects of the history of the city, and the general public;

(e) prepare, publish, maintain and update a guide and index to records, and make the guide and index available to the general public in all city departments; and

(f) perform such other duties as council may assign.

Records committee established

80(5)       In a by-law passed under subsection (2), council shall appoint a records committee, which shall make recommendations to council, and implement policies and procedures approved by council for the management, retention, safe-keeping, disposition and destruction of records in all departments, and report annually to council.

Composition of records committee

80(6)       A records committee appointed under subsection (5) shall be composed of the city archivist, who shall be chairperson of the committee, the city clerk, the city treasurer, the city auditor and the city solicitor, each of whom may designate a person to represent them on the records committee; and two citizens who are not employed by the city, for a term of not more than three years.

Authority of records committee

80(7)       A record created or held by a department shall not be destroyed or removed from the custody and control of a department by a person unless the person makes a written request to the city archivist, and obtains written approval from the records committee to destroy or remove the record.

Admissibility as evidence

80(8)       In a by-law passed under subsection (2), council shall, consistent with the provisions of The Manitoba Evidence Act, provide for the photographing of records of a class or kind described in the by-law.

Admissibility of photographed record

80(9)       A print of a record that is photographed under subsection (8) is admissible in evidence in all cases where the city clerk or city archivist certifies he is satisfied that

(a) the print is a copy of a record, or of what was a record at the time of photographing;

(b) the record was photographed under the authority of a by-law; and

(c) the print is made from the photograph.

S.M. 1989-90, c. 8, s. 6 and 7; S.M. 1989-90, c. 51, s. 6.

ACCESS TO RECORDS

81          Repealed.

S.M. 1989-90, c. 8, s. 8; S.M. 1998, c. 37, s. 88.

81.1        Repealed.

S.M. 1989-90, c. 8, s. 8; S.M. 1998, c. 37, s. 32 and 88.

81.2        Repealed.

S.M. 1989-90, c. 8, s. 8; S.M. 1998, c. 37, s. 88.

Records available on request

81.3(1)     The city clerk shall, at any time when the offices of the city are open for the transaction of business, on the request of any person, produce and permit the examination of the following records:

(a) the latest assessment roll;

(b) the latest tax roll;

(c) repealed, S.M. 1997, c. 53, s. 5;

(d) a monthly financial statement for the current year, prepared by the treasurer;

(e) a report of the city auditor and any report of an external auditor appointed under subsection 63.1(1);

(f) the approved minutes of an open council meeting or of an open committee meeting;

(g) attachments to the minutes of a council meeting and open committee meetings;

(h) a by-law or resolution;

(i) the agenda of an open committee meeting.

81.3(2)     Repealed, S.M. 1997, c. 53, s. 5.

Certified copies of by-laws, etc.

81.3(3)     The clerk shall furnish, within a reasonable time, to any person who requests it and who pays any fee set by council by by-law, a copy of a by-law, order or resolution, certified as a true copy by the clerk and under the corporate seal of the city.

Personal security protection in election materials

81.3(4)     Despite this section, information about an elector that is omitted or obscured from a list of electors or other record under section 36.1 of The Local Authorities Election Act (personal security protection on lists and records) shall not be made available for examination, inspection or copying under this section.

Personal security information in city records

81.3(5)     Despite this section, the name, address or other personal information of an individual shall be omitted or obscured from an assessment or tax roll if the individual applies in writing to the city clerk to have that information omitted or obscured to protect the individual's personal security.

S.M. 1989-90, c. 8, s. 8; S.M. 1991-92, c. 42, s. 19; S.M. 1995, c. 6, s. 16; S.M. 1997, c. 53, s. 5; S.M. 1998, c. 37, s. 33.

81.4 and 81.5 Repealed.

S.M. 1989-90, c. 8, s. 8; S.M. 1998, c. 37, s. 88.

81.6        Repealed.

S.M. 1989-90, c. 8, s. 8; S.M. 1998, c. 37, s. 34 and 88.

81.7        Repealed.

S.M. 1989-90, c. 8, s. 8; S.M. 1998, c. 37, s. 35 and 88.

81.8        Repealed.

S.M. 1989-90, c. 8, s. 8; S.M. 1998, c. 37, s. 36 and 88.

81.9        Repealed.

S.M. 1989-90, c. 8, s. 8; S.M. 1998, c. 37, s. 88.

SPECIAL SERVICE UNITS

Special service units established

81.10       Council may establish special service units to provide a commodity or service inside or outside the boundaries of the city, and any activity engaged in by a special service unit established under this section is deemed to be an exercise of the powers granted under this Act for the attainment of a municipal purpose.

S.M. 1998, c. 37, s. 37.

Council's powers re special service units

81.11       In establishing a special service unit, council

(a) shall approve an operating charter for the unit, which shall include

(i) the unit's operating terms and conditions,

(ii) the unit's sources of financing,  

(iii) the unit's authority to enter into contracts or agreements,

(iv) any activities listed in section 81.13 that council authorizes the unit to perform, and

(v) other requirements to fulfill the unit's purpose; and

(b) shall approve an annual or multi-year budget for the unit; and

(c) may establish the percentage of council votes necessary to do the following:

(i) dissolve the unit,

(ii) change the unit's operating charter,

(iii) despite section 338, use a reserve fund of the unit for any purpose other than that for which the fund was established.

S.M. 1998, c. 37, s. 37.

Council's powers of delegation re special service units

81.12       Council may delegate the following functions or responsibilities with respect to a special service unit to a committee of council or to a subcommittee:

(a) establishing policies, guidelines, and procedures for evaluating proposals to designate a commodity or service to be provided by a unit;

(b) evaluating proposals to establish units and submitting to Council those proposals that the committee recommends;

(c) approving a multi-year business plan for a unit;

(d) establishing operating requirements for a unit;

(e) establishing the requirements for a unit's annual report which shall include an audited financial statement;

(f) any other function or responsibility deemed necessary by council.

S.M. 1998, c. 37, s. 37.

Financing of special service units

81.13       Notwithstanding any other provisions of this Act, but subject to section 81.14, council may authorize a special service unit to do the following:

(a) borrow on terms and from sources approved by the city to finance its operating and capital requirements;

(b) give security for its borrowing;

(c) invest the unit's funds and carry forward such funds to be used for the unit's future operating or capital requirements;

(d) establish and maintain reserves;

(e) maintain accounts, collect and deposit revenues and conduct banking;

(f) enter into multi-year operational agreements;

(g) fix and charge a price, rate or fee for its commodity or service which may be sufficient to raise revenue for the special service unit or the general purpose of the city;

(h) appoint one or more accountants to audit its accounts and financial records.

S.M. 1998, c. 37, s. 37.

Consistency with city's debenture and financial agreement policy

81.14       Council shall not authorize an action under section 81.13 that is not consistent with its debenture policy under section 284.2 and its financial agreement policy under section 333.2.

S.M. 1998, c. 37, s. 37.

Annual report

81.15       A special service unit shall prepare and submit to council within 120 days after the end of the fiscal year an annual report containing an audited financial statement.

S.M. 1998, c. 37, s. 37.

Review of special service units

81.16       Not later than January 1, 2003, and every five years after that date, council shall arrange for a review of the process for developing, implementing, operating and evaluating special service units.

S.M. 1998, c. 37, s. 37.

Sections: 1 - 81.16 | 82 - 161 | 162 - 280 | 281 - 392.1 | 393 - 469 | 470 - 520 | 521 - 573 | 574 - 688
Schedules: A | B | C