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REPEALED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 |
OFFICIAL LANGUAGES OF MUNICIPAL SERVICES
82 to 85 Repealed.
S.M. 1992, c. 37, s. 5.
S.M. 1991-92, c. 42, s. 20; S.M. 1992, c. 37, s. 5.
S.M. 1989-90, c. 8, s. 9 and 10; S.M. 1992, c. 37, s. 5.
Re-numbered as section 87.15.
In this Part,
"designated area" means the area of the Riel Community as described in the City of Winnipeg Wards and Communities Regulation on the coming into force of this section; (« zone désignée »)
"municipal services" means services that are provided to the public by the city; (« services municipaux »)
"St. Boniface Ward" means St. Boniface Ward as described in the City of Winnipeg Wards and Communities Regulation on the coming into force of this section. (« Saint-Boniface »)
Meaning of "official languages"
For the purposes of this part, English and French are official languages.
S.M. 1992, c. 37, s. 5.
Except where a later date or series of dates is fixed by by-law under clause 87.11(1)(b) for compliance with a provision of this Part, the city shall ensure that all things necessary are provided or done to satisfy the requirements of this Part and to permit a person to do anything he or she is entitled to do under this Part.
Nothing in this Part shall be interpreted so as to preclude the city from providing more municipal services in French than are required in this Part or from providing municipal services to persons in any language other than English or French.
The obligations of the city under this Part are subject to such limitations as circumstances make reasonable and necessary, if the city has taken all reasonable measures to comply with this Part.
S.M. 1992, c. 37, s. 5.
PROCEEDINGS OF COUNCIL AND ITS COMMITTEES
Use of French in proceedings of council and its committees
In addition to English, every person is entitled, upon notice, to use French in a proceeding of or before council or a committee of council with respect to a matter and, where notice is given, the proceeding with respect to that matter shall be conducted or simultaneously interpreted in French.
A notice referred to in subsection (1) shall be in writing, shall specify the matter and the proceeding and shall be given to the city clerk
(a) in the case of a regular meeting of council, not less than two working days before the proceeding; and
(b) in the case of a special or emergency meeting of council, within a reasonable time having regard to the period of notice that is given for the special or emergency meeting.
Repealed, S.M. 1998, c. 37, s. 39.
S.M. 1992, c. 37, s. 5; S.M. 1998, c. 37, s. 39.
COMMUNICATION AT CITY OFFICES
Services in official languages at City Hall
Every person is entitled, within a reasonable time of a request, to receive in the official language of his or her choice any municipal services that are available at any office of the city located at City Hall and in the course of the provision of those services to speak and be spoken to in the official language of his or her choice.
Repealed, S.M. 1998, c. 37, s. 40.
Services in official languages at designated locations
Where a municipal service is not available in both official languages in the designated area, every person is entitled, within a reasonable time of a request, to receive that municipal service in the official language of his or her choice at an office at any location designated by council by by-law under subsection 87.11(1) for the purposes of this subsection and in the course of the provision of those services to speak and be spoken to in the official language of his or her choice.
Every person who communicates in writing with the city with respect to a matter is entitled with respect to that matter to be communicated with in writing in the official language of his or her choice.
If a person initiates a communication with respect to a matter in an official language, whether spoken or written, in circumstances where that person is entitled to do so under this section, that person is entitled to use and to require the use of that official language in all subsequent communications, whether spoken or written, with respect to that matter.
The city shall provide an office in historic St. Boniface where the municipal services in both official languages prescribed by by-law under subsection 87.11(1) for the purposes of this subsection are provided.
In subsection (6), "historic St. Boniface" means the area bounded on the east by the centre line of Panet Road, extending north from the Canadian National Railway Right of Way to the centre line of Mission Street, thence north along the centre line of Panet Road to the northern limit of River Lot 72 in the Parish of St. Boniface; on the west by the eastern bank of the Red River; on the north by the northern limit of River Lot 72 in the Parish of St. Boniface and on the south by a line drawn south-easterly from the eastern bank of the Red River along the northern limit of Lots 37, 36, 33 and 32, Plan Number 4709 to the centre line of St. Mary's Road and thence south-east along the centre line of St. Mary's Road to the centre line of Enfield Crescent and its straight projection east to the centre line of Kenny Street and its straight projection north to the back lane between Berry Street and Goulet Street and its straight projection east to the eastern limit of Plan No. 692, thence northerly to the centre line of Bertand Street and its straight projection east to the centre line of the Seine River, thence north along this line to the northern limit of Plan No. 1507 extending to the eastern limit of the land taken for the Right of Way of the Canadian Pacific Railway (Emerson Branch) thence northerly along the eastern limit of the land taken for the said Right of Way to the north-eastern limit of the land taken for the Right of Way of the Canadian National Railway according to registered Plan No. 6705; thence south-easterly along the said north eastern limit to the northern limit of Parcel 4 in Plan Number 6737 and its straight north-easterly projection along the Canadian National Railway spurline to the North limit of the Canadian National Railway spurline known as the MacArthur cut-off; thence easterly to the centre line of Panet Road.
S.M. 1992, c. 37, s. 5; S.M. 1998, c. 37, s. 40.
MUNICIPAL SERVICES
This section applies in respect of municipal services other than those available at an office.
Receipt of municipal services in St. Boniface Ward
Every person resident in St. Boniface Ward is entitled to receive in the official language of his or her choice at a facility of the city within that Ward or at his or her place of residence all municipal services that are ordinarily provided at that facility or place of residence.
Municipal services for designated area
Every person who is resident in the designated area and who goes to a facility of the city where a municipal service is ordinarily provided is entitled to have that municipal service provided in either official language within the designated area or at any location designated by council by by-law under subsection 87.11(1) for the purposes of this subsection.
A person who is entitled to a municipal service in the official language of his or her choice under this section and who initiates communication respecting that service in the official language of his or her choice is entitled to use or to require the use of that official language in all subsequent communications, whether spoken or written, with respect to that service.
S.M. 1992, c. 37, s. 5.
BILINGUAL DOCUMENTS
All notices, statements of account, certificates, demands in writing and other documents sent or given by the city to persons resident in the designated area shall be in both official languages.
All application forms provided by the city to the general public and all brochures, pamphlets and similar printed documents distributed by the city to the general public shall be available to the general public in both official languages in the designated area.
S.M. 1992, c. 37, s. 5.
Publication of notices and advertisements
Any public notice respecting a matter that affects the designated area generally, whether or not it also affects the rest of the city, and any advertisement for the employment of a person with competence in both official languages shall be published by the city in both official languages.
Public notices may be published separately
The English and French versions of a public notice or an advertisement referred to in subsection (1) may be published in separate publications.
Where a public notice referred to in subsection (1) is given under Part 20 with respect to land in the designated area, the person on whose behalf it is published shall pay the cost of publication in the official language of his or her choice and the city shall pay the cost of publication in the other official language.
S.M. 1992, c. 37, s. 5.
BILINGUAL SIGNS
Signs respecting municipal services
The city shall, inside and outside each location where municipal services are available in both official languages, erect and maintain signs bearing information in both official languages respecting the particular municipal services that are available in both official languages at that location.
In addition to the signs referred to in subsection (1), all signs that are inside or outside each location where municipal services are available in both official languages and that provide information to the public shall be erected and maintained in both official languages.
All street signs and the words on all traffic signs erected or maintained in the St. Boniface Ward and, where feasible, elsewhere in the designated area shall be in both official languages.
S.M. 1992, c. 37, s. 5.
ACCESS GUIDE
The city shall cause to be prepared and published in both official languages an access guide to municipal services in French that shall include
(a) a statement of the requirements to be satisfied by the city and the things that a person is entitled to do under this Part;
(b) details of the actions the city has taken to satisfy those requirements, including, without limitation, a list of the offices, together with their addresses and telephone numbers, where municipal services are available in French and particulars of whether the municipal services are available during normal business hours or within a reasonable time of request; and
(c) such information respecting the organizational structure of the city and of each of its departments as is reasonably necessary to enable a person to take advantage of what he or she is entitled to under this Part.
The city shall ensure that copies of the access guide are available
(a) in every office or facility of the city in the designated area;
(b) in every office or facility at every location designated by council by by-law under subsection 87.11(1) for the purposes of any provision of this Part; and
(c) at any other location considered appropriate by the city.
The city shall prepare and publish an updated access guide
(a) if the information becomes substantially inaccurate, within a reasonable period after that occurs; and
(b) at least every three years.
S.M. 1992, c. 37, s. 5.
COMPLAINTS
Any person who feels that the city has failed to meet its obligations under this Part may make a complaint to the ombudsman for the city.
S.M. 1992, c. 37, s. 5. IMPLEMENTATION
The City of Winnipeg shall, not later than September 1, 1993, pass a by-law establishing a plan to implement this Part that shall include provisions
(a) prescribing the municipal services that are to be provided by the city for the purposes of subsections 87.4(2) and (6);
(b) where, on the coming into force of this Part, any further actions are required to be taken by the city to comply with its obligations under subsections 87.4(3), 87.5(2), 87.5(3), 87.6(1), 87.6(2), 87.8(1) and 87.8(2), fixing with respect to each of those subsections
(i) the date or dates by which those further actions are required to be taken, or
(ii) where the city elects to phase in compliance with an obligation, a series of dates upon which a series of specified further actions are required to be taken; and
(c) designating locations for the purposes of subsections 87.4(3) and 87.5(3).
The city shall, in the by-law referred to in subsection (1), give priority to providing in both official languages fire, police and ambulance services, social services, library services and leisure and recreational programming to persons in St. Boniface Ward.
S.M. 1992, c. 37, s. 5.
ADMINISTRATION
The city shall appoint a French language coordinator
(a) to assist in the development and coordination of the implementation of the plan described in section 87.11; and
(b) to advise on, coordinate, oversee and monitor the provision of municipal services in accordance with, and in satisfaction of the requirements of, this Part.
S.M. 1992, c. 37, s. 5.
The council shall annually, not later than four months after the end of the fiscal year of the city, make a report in English and French to the minister respecting the compliance by the city with its obligations under this Part and that report shall include particulars of any complaints under this Part filed with the ombudsman and the disposition of each of those complaints.
S.M. 1992, c. 37, s. 5.
The minister shall, not later than five years after the coming into force of this section, review the compliance by the city with its obligations under this Part for the purpose of determining whether further legislative or other action is required or advisable.
In the course of the review referred to in subsection (1), the minister may consult with the public with respect to such matters as the minister considers advisable.
S.M. 1992, c. 37, s. 5.
ELECTIONS
Local Authorities Election Act applies
Subject to the provisions of this Act, The Local Authorities Election Act applies to the city.
S.M. 1989-90, c. 8, s. 11; S.M. 1994, c. 15, s. 9.
QUALIFICATIONS FOR ELECTION TO COUNCIL
A person is eligible to be nominated for election and elected as a member of council if the person is
(a) a Canadian citizen;
(b) of the full age of 18 years;
(c) a resident of the province;
(c.1) an elector as determined under The Local Authorities Election Act; and
(d) not subject to disqualification under this Act.
Repealed, S.M. 1996, c. 58, s. 477.
S.M. 1989-90, c. 8, s. 11; S.M. 1992, c. 2, s. 4; S.M. 1996, c. 58, s. 477.
GENERAL PROVISIONS
The election of members shall be held on the fourth Wednesday of October in 1998, and on that day and month in each fourth year after that.
S.M. 1989-90, c. 8, s. 11; S.M. 1998, c. 37, s. 41.
The ballot paper shall be in the form of the First Paper set out in Form 21 of The Local Authorities Election Act, with such modifications as the circumstances require.
S.M. 1989-90, c. 8, s. 11.
Nominations shall be filed with the returning officer before 2:00 p.m. on the last Wednesday in September of the year in which an election is held.
Subject to subsection (4), each nomination shall be made as required under The Local Authorities Election Act, and the nomination paper shall include a declaration in the form prescribed in that Act (Form 9), signed by the candidate and declared before a person authorized to administer a declaration under The Manitoba Evidence Act or The Local Authorities Election Act.
The returning officer shall reject a nomination paper that is not in compliance with this section and The Local Authorities Election Act.
A nomination for mayor filed under subsection (1) shall be made in writing and signed by not less than 250 electors.
S.M. 1989-90, c. 8, s. 11; S.M. 1994, c. 15, s. 10.
List of electors for each polling subdivision
The returning officer may divide a ward into two or more polling subdivisions, and a list of electors for each polling subdivision shall be prepared in accordance with The Local Authorities Election Act.
By-law re computerized list of electors
The council may pass a by-law respecting the enumeration of voters and the preparation and use of lists of electors on computer, including, subject to clause 31(5)(b) of The Local Authorities Election Act, the sale of the lists for a fee that is not more than the cost of providing them.
Candidate entitled to two free copies
Subsection (2) does not affect the right of a candidate to apply for copies of the list of electors under clause 31(5)(a) of The Local Authorities Election Act.
S.M. 1989-90, c. 8, s. 11; S.M. 1994, c. 15, s. 11; S.M. 1995, c. 6, s. 16.
For the purpose of accommodating electors at an election, the returning officer
(a) shall open and keep open an advance polling place at City Hall, during regular office hours and such other hours as the council may prescribe by by-law, between the last day on which a candidate may withdraw under section 51 of The Local Authorities Election Act and the day before election day;
(b) shall open and keep open additional advance polling places at such central locations as the council may prescribe by by-law
(i) on such days other than holidays as may be prescribed by the by-law, between the last day on which a candidate may withdraw under section 51 of The Local Authorities Election Act and the day before election day, and
(ii) during such hours as may be prescribed by the by-law, which shall include 5:00 to 9:00 p.m. on at least one day in the three days before the day preceding election day, and on any other of the three days on which the advance polls are prescribed under the by-law;
(c) shall accept, between the last day on which a candidate may withdraw under section 51 of The Local Authorities Election Act and the seventh day before election day, an application to vote by mail from any elector who wishes to vote at the election by mail; and
(d) shall ensure that ballot papers are available for the purpose of advance polling places and mail votes, with such modification of section 63 (printing of ballot papers) of The Local Authorities Election Act as is necessary, until the forms required under section 63 are available.
S.M. 1994, c. 15, s. 12.
By-law re devices for voting and counting votes
The council may pass a by-law respecting the use at elections of voting machines, voting recorders, optical scanning vote tabulators, or other devices, and any such by-law shall include provisions
(a) prescribing the form of ballot;
(b) respecting procedure for voting and for counting votes;
(c) respecting any other matter that the council considers necessary or advisable.
If the council passes a by-law under subsection (1), the Lieutenant Governor in Council may by regulation provide for any matter the Lieutenant Governor in Council considers necessary or advisable for the purpose of conducting an election with the devices referred to in subsection (1), including any matter referred to in the by-law, and in the event of any conflict between the regulation and the by-law, or the regulation and The Local Authorities Election Act, the regulation shall prevail.
Subject to a regulation made under subsection (2), a judge who determines under subsection 102(1) of The Local Authorities Election Act that a recount is required of ballots counted by a device referred to in subsection (1), shall determine whether the recount or any part of it shall be conducted manually or by using the device, or both.
S.M. 1994, c. 15, s. 12.
No person elected as a member of council shall enter upon the duties as a member until the person completes the statutory declaration required under section 10 and deposits it with the clerk.
S.M. 1989-90, c. 8, s. 11.
DISQUALIFICATION AND FORFEITURE OF SEAT
The following persons are disqualified to be nominated for election to council, or to be, or remain a member of council:
(a) a judge of the Court of Queen's Bench or The Court of Appeal;
(b) a provincial judge, magistrate or justice of the peace;
(c) a member of the council of another municipality;
(d) a member of the Senate or House of Commons of the Parliament of Canada;
(e) a person who, convicted of an offence under this Act or any other Act, has not paid a fine imposed on the person for the offence;
(f) a person who, after his or her nomination, ceases to be qualified as an elector under The Local Authorities Election Act.
Nomination to two offices invalid
No person is eligible for nomination for, or election as, both mayor and councillor, and no person is eligible for nomination for, or election as, a councillor in more than one ward.
A member of the Legislative Assembly who is elected as mayor or as a councillor thereby forfeits the seat in the Legislative Assembly.
If the mayor or a councillor is elected to the Legislative Assembly, the member thereby forfeits the seat on council.
Repealed, S.M. 1996, c. 58, s. 477.
S.M. 1989-90, c. 8, s. 11; S.M. 1992, c. 2, s. 5; S.M. 1996, c. 58, s. 477.
Member not to be counsel in action
A member of council who is a counsel or solicitor, or is counsel or solicitor by, with or through another person, in a claim, action or proceeding by or against the city, thereby forfeits the seat on council.
S.M. 1989-90, c. 8, s. 11.
A member convicted under section 24 (unauthorized expenses) of this Act or under section 123 (municipal corruption) of the Criminal Code (Canada), or against whom a judgment is obtained in a civil action under section 24, forfeits the seat on council from the date of the conviction or, in the case of a civil action, the date of the judgment, and is disqualified from holding office or voting at an election for a period of three years from the date of the conviction or judgment.
Disqualification for election offence
A member who, on the trial of an election petition, is found guilty of an election offence is not qualified to be a candidate at an election for three years thereafter.
A member who is disqualified under this section as a result of a conviction or judgment shall not perform a duty or function or exercise a right or privilege of a member of council until the conviction or judgment is quashed, reversed or set aside on appeal or by prerogative writ.
S.M. 1989-90, c. 8, s. 11.
A member's seat on council is forfeited where the member,
(a) is convicted of an indictable offence for which a person is liable on conviction to imprisonment for five years or more;
(b) fails to attend three consecutive regular meetings of council without being authorized to do so by a resolution of council entered in the minutes of one of the three meetings; or
(c) becomes, under this Act or The Municipal Council Conflict of Interest Act, disqualified for election as, or from being or remaining, a member of council.
Disclaimer on forfeiture of seat
A member who forfeits a seat on council, or the member's right to the seat, or who becomes disqualified to hold the seat, shall forthwith vacate the seat by a disclaimer in Form 22 of The Local Authorities Election Act, or to like effect.
Where a person fails to comply with subsection (2), proceedings to unseat the person may be taken by an election petition presented to a judge of the Court of Queen's Bench.
S.M. 1989-90, c. 8, s. 11.
VACANCIES
A member may resign from council by delivering a resignation in writing, dated and signed by the member, to the clerk.
A resignation under subsection (1) takes effect from the time of its receipt by the clerk, unless a later effective date is specified in the resignation.
Subject to subsections (4) and (5), when the office of a member of council becomes vacant for any reason, including death, resignation, disclaimer, forfeiture, or the neglect or refusal of a person to accept the office or make a declaration required under this Act or any other Act relating to the council, within the time allowed for the declaration, a warrant shall be issued immediately by the mayor, the deputy mayor or the acting deputy mayor, or in their absence, the clerk or, in his absence, a member of council, requiring the returning officer to hold an election to fill the vacancy.
Vacancy in last six months of term
Where the office of a councillor becomes vacant within six months of the expiration of the councillor's term of office, council may resolve not to hold an election to fill the vacancy for the balance of the term.
Where the office of mayor becomes vacant within 12 months of the expiration of the term of office, the deputy mayor shall perform the duties and exercise the powers of the mayor; and where the office of the deputy mayor becomes vacant within 12 months of the expiration of the term of office, the acting deputy mayor shall perform the duties and exercise the powers of the mayor.
Where an election is held to fill a vacancy,
(a) the election shall be held not later than six weeks after the issue of the warrant;
(b) the returning officer shall appoint a day on which the election shall be held;
(c) nominations shall be filed with the returning officer before 2:00 p.m. on the day that is three weeks before the election; and
(d) the election shall, in respect to notices and other matters, be conducted in the same manner as the regular elections of the city.
S.M. 1989-90, c. 8, s. 11.
Repealed.
S.M. 1989-90, c. 8, s. 12.
ELECTION EXPENSES AND CONTRIBUTIONS
In sections 95 to 100.1,
"campaign expense" means
(a) money spent or liabilities incurred; and
(b) the value of donations in kind accepted;
in respect of goods used or services provided, by or on behalf of, and with the knowledge and consent of, a registered candidate during a campaign period, for the purpose of an election, but does not include
(c) audit fees; and
(d) an expense relating to a recount in respect of the election; (« dépenses électorales »)
"campaign period" means the period
(a) in a regular election
(i) in the case of a candidate for mayor, commencing on May 1 in the year of the election, and ending on March 31 of the year following the election, and
(ii) in the case of other candidates, commencing 120 days before election day, and ending on March 31 of the year following the election; and
(b) in an election to fill a vacancy, commencing on the day on which a warrant to hold the election is issued, and ending 90 days after polling day; (« période de campagne électorale »)
"contribution" means any money paid or any donation in kind provided by a contributor to or for the benefit of a registered candidate, without compensation from the registered candidate; (« contribution »)
"contributor" means an individual, organization, corporation or trade union, but does not include
(a) a political party registered under the Canada Elections Act, or a constituency association of such a registered party, or
(b) a political party registered under The Elections Finances Act, or a constituency association of a registered political party; (« contribution »)
"donation in kind" means goods or services provided to or for the benefit of a registered candidate without compensation from the registered candidate, and includes
(a) services of an employee provided by an employer;
(b) goods produced or donated voluntarily by a person or organization that is a commercial supplier of the goods; and
(c) services provided voluntarily by a person or organization that is a commercial or occupational supplier of the services;
and does not include
(d) money;
(e) goods produced or donated voluntarily, other than in clause (b); and
(f) services provided voluntarily, other than in clause (c); (« don en nature »)
"organization" means an unincorporated association; (« organisation »)
"registered candidate" means a candidate registered under section 97. (« candidat inscrit »)
The value of a donation in kind is
(a) the market value of the goods or services at the time of the donation; or
(b) the cost to the employer of the salary or wages of an employee whose services are provided.
S.M. 1989-90, c. 8, s. 13; S.M. 1991-92, c. 42, s. 21; S.M. 1994, c. 15, s. 13.
By-law on expenses and contributions
Council shall pass a by-law, not inconsistent with the provisions of The Municipal Council Conflict of Interest Act,
(a) prescribing a limit to the contribution that a contributor may make to a registered candidate for mayor or councillor during a campaign period;
(b) prescribing a limit to campaign expenses that may be incurred by a registered candidate for mayor and by a registered candidate for councillor during a campaign period;
(c) setting the value of a contribution in respect of which the name and address of the contributor need not be recorded under clause 2(b);
(d) prescribing the manner in which a registered candidate shall keep a record of contributions received and campaign expenses incurred by the registered candidate during the campaign period;
(e) prescribing the content of an audited statement filed by the registered candidate with the person designated under clause (f), in addition to the requirements of subsection (2);
(f) designating a person to assist registered candidates to comply with the by-law and the provisions of this Act relating to campaign expenses and contributions, to examine audited statements filed by registered candidates, and to obtain such other information as the person considers necessary for the purpose of making a report to council on matters set out in the by-law, and on any apparent failure of a registered candidate to comply with the by-law or the provisions of this Act relating to campaign expenses and contributions;
(g) prescribing forms for the purpose of the by-law;
(h) prescribing the portion of income from a fund raising event that shall be deemed to be a contribution, and the portion that shall be deemed to be a campaign expense.
(i) providing that, not later than a day prescribed in the by-law and specified in a notice by the person designated under clause (f), a registered candidate is required to file with the person designated under clause (f) a further audited statement containing the information required by subsection (2) or by a by-law under clause (e) if the person designated under clause (f) finds that the audited statement is incorrect or incomplete.
Candidate to file audited statement
A registered candidate shall file with the person designated under clause 96(1)(f) an audited statement that shall include the following information in regard to the campaign period:
(a) all income received and expenses incurred;
(b) the name, address and contribution of each contributor that makes a contribution to the registered candidate for more than the amount specified under clause (1)(c);
(c) an itemized list of campaign expenses incurred by the registered candidate;
(d) the contributions and expenses relating to each fund raising event, in accordance with clause (1)(h);
(e) particulars of any loan made by the candidate for the purpose of the election campaign, including the name of the lender, the principal amount, interest rate, and terms of repayment.
Time for filing audited statement
A registered candidate shall file an audited statement under subsection (2)
(a) if he or she is nominated as a candidate in the election and does not withdraw, not later than May 31 in the year following the election; and
(b) if he or she is not nominated as a candidate in the election or is nominated but withdraws, not later than 60 days after election day.
The audited statement required under subsection (2) shall be prepared by an auditor who is appointed by the registered candidate and who shall not be involved in the election as a returning officer, deputy returning officer, election clerk, candidate or official agent, or in raising funds for a registered candidate.
An auditor who prepares an audited statement required under subsection (2) shall be a professional accountant who is a registered member in good standing of an institute, association or society of accountants established by an Act of the Legislature.
S.M. 1989-90, c. 8, s. 13; S.M. 1994, c. 15, s. 14; S.M. 1995, c. 4, s. 3.
No contribution until registration
Unless a person is registered as a candidate under subsection (2), the person, or any individual, corporation, organization or trade union acting on behalf of the person, shall not accept contributions or incur expenses for the purpose of the election of the person.
Registration of prospective candidate
The returning officer shall register a person who proposes to be a candidate in an election if
(a) during the compaign period and before nominations close, the person makes application for registration in the form required by the returning officer and containing
(i) the name and address of the candidate, the candidate's official agent, the candidate's auditor and any bank or other financial institution in which accounts are to be used by or on behalf of the candidate for the purpose of the election campaign, and the numbers of such accounts; and
(ii) any other information required by the returning officer; and
(b) the returning officer is satisfied that the person is eligible to be nominated in the election.
Report of change of information
Where the information required under subsection (2) is altered, the registered candidate shall immediately notify the returning officer in writing of the alteration.
S.M. 1989-90, c. 8, s. 13; S.M. 1994, c. 15, s. 15; S.M. 1995, c. 4, s. 4; S.M. 2002, c. 47, s. 29.
A person who proposes to be a candidate in an election shall appoint an official agent, who shall be responsible for receiving contributions and authorizing campaign expenses and for ensuring that
(a) proper records are kept of receipts and expenses;
(b) contributions are placed in accounts listed in the notice of registration filed with the returning officer;
(c) proper receipts are completed;
(d) the audited statement required under subsection 96(2) is prepared; and
(e) financial records relating to the election campaign are retained for two years after election day.
Deposit and use of funds in account
The official agent for a registered candidate shall ensure that all moneys accepted by or on behalf of a registered candidate are deposited in an account or accounts that are used only for the purpose of the election campaign, and all payments relating to or arising out of the campaign are made by cheque only out of such an account.
A registered candidate shall issue a receipt for each contribution accepted.
Any moneys used for an election campaign by a candidate out of the candidate's own funds, or those of the candidate's spouse or common-law partner, shall be considered to be a contribution for the purpose of this Act and the by-law passed under section 96, but the limit on the amount of contributions established in the by-law does not apply in respect of such funds.
Contributions by organizations
An organization other than a trade union that makes a contribution to a registered candidate shall provide the registered candidate with a statement that indicates the individual sources and amounts making up the funds of the organization from which the contribution is made, and the registered candidate shall include with the audited statement filed with the person designated under clause 96(1)(f) after the election, the name of any individual in the organization whose contribution exceeds the amount established under clause 96(1)(c).
The official agent of a registered candidate shall ensure that an anonymous contribution received by a registered candidate shall not be used or spent, but shall be paid over to the returning officer, and become part of the general funds of the city.
A person who has a claim for payment in relation to an election shall submit the claim within 30 days after election day to the registered candidate who incurred the expense.
Prohibitions re contributors and contributions
A registered candidate shall not
(a) solicit or accept a contribution or incur expenses in excess of the limits established in a by-law passed under section 96; or
(b) accept a contribution from a person who is not a contributor, as defined in subsection 95(1).
Contribution exceeding contribution limit
Where a registered candidate receives a contribution for an amount that exceeds the contribution limit prescribed by a by-law passed under clause 96(1)(a), the official agent of the registered candidate shall return to the contributor the portion of the contribution that exceeds the prescribed contribution limit.
Payment of surplus money to city
Where the audited statement of a registered candidate filed under subsection 96(2) shows a surplus, the official agent of the registered candidate shall immediately pay the surplus to the city which shall hold it in trust on behalf of the registered candidate for use by the registered candidate in the next election.
Release of surplus money to candidate
The city shall not release any money held in trust under subsection (10) until the person on whose behalf the money is held is registered under section 97 for the next election.
Disposal of surplus money held in trust
Where the person on whose behalf money is held in trust under subsection (10),
(a) advises the returning officer in writing that he or she will not seek nomination;
(b) is not nominated; or
(c) does not register as a candidate under section 97;
in the next election, the money shall be paid into the general funds of the city.
S.M. 1989-90, c. 8, s. 13; S.M. 1991-92, c. 15, s. 7; S.M. 1991-92, c. 42, s. 22; S.M. 1994, c. 15, s. 16; S.M. 1995, c. 4, s. 5; S.M. 2002, c. 24, s. 56.
By-law re tax credits and rebates for contributions
Subject to the regulations, if any, under subsection (3), the council may by by-law establish a program that entitles contributors who make contributions to a registered candidate during a campaign period
(a) to a tax credit against taxes of the contributor of part of his or her contributions; or
(b) to a rebate of part of his or her contributions.
A by-law under subsection (1) may, without limiting the generality of the subsection,
(a) specify the taxes against which there may be a tax credit;
(b) provide for the amount, or the means of determining the amount, of the tax credit or rebate of contributions;
(c) establish a maximum credit against taxes of a contributor for contributions, or rebate of contributions, made by a contributor to all candidates in a campaign period;
(d) impose terms and conditions on the entitlement to a tax credit or rebate of contributions;
(e) provide for any other matter that the council considers necessary or advisable.
The Lieutenant Governor in Council may make regulations respecting a program under subsection (1).
S.M. 1995, c. 4, s. 6.
An audited statement filed with the person designated under clause 96(1)(f) shall be open to inspection by any person during regular office hours, and a copy shall be provided on payment of a fee prescribed by by-law.
S.M. 1989-90, c. 8, s. 13; S.M. 1995, c. 4, s. 7.
Failure to file by elected candidate
Where a registered candidate who is elected fails to file the completed audited statement referred to in section 96 within the time specified in clause 96(2.1)(a), the person designated under clause 96(1)(f) shall send a written report of the failure to the presiding officer of council, who shall lay the report before council at its next meeting and, until the audited statement is filed with the designated person, the registered candidate shall not sit in council.
Where a registered candidate who is elected fails to file the audited statement referred to in section 96 within 60 days after May 31 in the year following the election as specified in clause 96(2.1)(a), the person shall be disqualified from office and the seat declared vacant, and the person is not qualified to be a candidate at the election to fill the vacancy.
Failure to file by other candidates
A person who, as a registered candidate in an election, is not nominated as a candidate in the election or is nominated and is defeated or withdraws and fails to comply with subsection 96(2.1) (time for filing audited statement) is not eligible to be nominated as a candidate until after the next election described in section 89 (election of council).
S.M. 1989-90, c. 8, s. 13; S.M. 1994, c. 15, s. 17; S.M. 1995, c. 4, s. 8.
A person who contravenes or fails to comply with sections 96 to 100, or a by-law passed under section 96, is guilty of an offence and liable to a fine not exceeding $5,000.
Notwithstanding The Summary Convictions Act, a prosecution under this section may be initiated at any time within six months from the time the person designated by council under clause 96(1)(f) becomes aware of the alleged offence, but no prosecution may be initiated more than two years after the date of the occurence of the alleged offence.
S.M. 1989-90, c. 8, s. 13; S.M. 1995, c. 4, s. 9.
RIGHTS OF EMPLOYEES
In this section and in section 102, "employee" means a person employed by the city or a board, commission, association or other body, whether incorporated or unincorporated, all the members of which, or all the members of the board of management or board of directors of which, are appointed by council.
Rights of employees in elections
Subject to subsection (3), an employee may
(a) seek nomination as, and be, a candidate in a municipal, provincial or federal election and, if elected, serve; and
(b) support, speak or write on behalf of a candidate or a political party in an election, if in doing so the employee does not reveal any information or matter concerning the department, branch or agency in which the employee is employed, or any information that the employee procures or that comes to the employee's knowledge solely because of the employment.
Subsection (2) does not apply to statutory officers or any class or group of employees as may be designated by by-law.
Leave of absence for city election
An employee who proposes to become a candidate for election as a member of council shall apply to the employee's supervisor, on or before the last day for the nomination of candidates, for a leave of absence for a period commencing on the last day on which nomination papers may be filed and ending
(a) where the employee is nominated as a candidate, not later than 90 days after the day on which the results of the election are officially declared; and
(b) where the employee is not nominated as a candidate, not earlier than the day fixed by law for the nomination of candidates;
or a part of the applicable period of time, as requested by the employee; and every such application shall be granted.
An employee who proposes to become a candidate for election as a member of the Legislative Assembly or the House of Commons may apply to the employee's supervisor for leave of absence for a period commencing on the day on which the writ for the election is issued and ending
(a) where the employee is nominated as a candidate, not later than 90 days after the day on which the results of the election are officially declared; and
(b) where the employee is not nominated as a candidate, not earlier than the day fixed by law for the nomination of candidates in the election;
or a part of the applicable period of time, as requested by the employee; and every such application shall be granted.
A leave of absence granted under subsections (4) and (5) shall be granted
(a) where the employee is entitled to vacation leave with pay, and the employee so requests, as vacation leave with pay until the vacation leave with pay expires and thereafter as leave without pay; or
(b) as leave without pay.
An employee who is elected as a member of council shall be placed on a leave of absence without pay for a period commencing on the date of the election and ending on the earlier of
(a) the expiry of six years and three months after the day of election; and
(b) three months after the employee ceases to be a member of council.
An employee who is elected to the Legislative Assembly or the House of Commons may apply to the city for a leave of absence without pay for a period commencing on the day of the election and ending on the earlier of
(a) the expiry of five years and four months after the day of the election; or
(b) three months after the employee ceases for any reason to be a member of the Legislative Assembly or House of Commons;
and every such application shall be granted.
Reinstatement of defeated candidate
An employee who is granted a leave of absence under subsections (4) or (5) and who is not elected shall, on application before the expiry of the leave of absence, be reinstated to the position held immediately before the date of the leave of absence.
Reinstatement of elected candidate
An employee who is placed on or granted leave of absence under subsection (7) or (8) may, before the expiry of the leave of absence, apply to the city to be reinstated and, as long as the employee is not a member of council, the employee shall, within 60 days, be reinstated to the position held immediately before the date the leave of absence is granted or to a reasonably equivalent position.
Rights during leave of absence
Where a person is placed on or granted a leave of absence under this section,
(a) the period of service before the leave of absence begins, and the period of service after the leave of absence ends, shall be deemed to be unbroken for all purposes; and
(b) the period of the leave of absence shall, for the purpose of determining the seniority of the employee in relation to other persons in that employment, be deemed to be a period of service in the employment of the city.
The rights of an employee to benefits to which employees are entitled during the period of a leave of absence shall be determined in accordance with the terms of the collective agreement or other agreement or a policy of the city under which the benefits are provided, and the period of the leave of absence shall be treated, for the purpose of qualification for a benefit, in accordance with the agreement or policy.
S.M. 1989-90, c. 8, s. 13; S.M. 1997, c. 34, s. 4; S.M. 1998, c. 37, s. 42.
Coercion or intimidation prohibited
No person who supervises an employee of the city or is authorized to employ, promote or reclassify an employee shall coerce or intimidate the employee to support or not support a candidate or political party.
S.M. 1989-90, c. 8, s. 13.
JURISDICTION, GENERAL POWERS AND BY-LAWS
Council shall be deemed as always continuing and existing notwithstanding any election of its members in each third year or other election; and on and after any such election, and having been organized and held its first meeting, every council may take up and carry on to completion all by-laws, reports, and proceedings begun, or under consideration, by the council prior thereto, and it is not necessary to begin anew with any by-law, proceeding, report, matter or thing, entertained by the council prior thereto.
Without restricting the authority of the council to consider resolutions on any subject or matter, the powers of the city may be exercised either by by-law or by resolution of the council, except where, by this Act or any other Act of the Legislature or by a general by-law of the city regulating the proceedings of the council, a power is specifically required to be exercised by by-law.
Notwithstanding anything contained in this Act the council shall not delegate any of its powers or duties which by this Act it is required to enact, approve or authorize by by-law, and it shall not delegate its powers or duties to approve the annual capital and current budget, and the annual estimates, to enter into a collective agreement, or to appoint statutory officers.
S.M. 1989-90, c. 51, s. 7; S.M. 1998, c. 37, s. 43.
The purposes of the city are
(a) to provide good government;
(b) to provide services, facilities or other things that, in the opinion of council are necessary or desirable for all or a part of the city; and
(c) to develop and maintain safe and viable communities.
Subject as herein otherwise provided, the city may exercise the powers and discharge the duties conferred or charged upon it under this Act and may enter into any contract or agreement necessary to enable it to exercise its powers or discharge its duties under this Act and in general shall have all the rights and be subject to all the liabilities of a corporation and, without restricting the generality of the foregoing,
(a) it may acquire in any manner, and hold and alienate, both real and personal property for the purposes for which the municipality is constituted;
(b) by its name, it and its successors have perpetual succession;
(c) it may sue and be sued, implead and be impleaded, answer and be answered unto, in all courts and in all actions, causes, proceedings, and suits whatsoever;
(d) it shall have a common seal and may alter or change its seal at its pleasure;
(e) it may contract and be contracted with its corporate name, and may become a party to any contract or agreement in the management of its business;
(f) it may enter into any contract or agreement with any person for the purpose of the development of land and the provision of municipal services;
(g) it may enter into an agreement with any other municipality or with any other person or with both a municipality and a person, for the doing jointly with that municipality or person of any act or thing that it has power to do within the city;
(h) it may enter into an agreement with
(i) the government or any agency of the government; or
(ii) a school district, school division, or school area, under which the city undertakes to perform any work or function, or provide any service, or to use or allow the use of any building or facility on terms and conditions set out in the agreement;
(i) it may enter into an agreement with any school district, school division or school area for the joint construction, ownership, operation, use, and maintenance of any public work or building;
(j) it may construct any works and charge the costs of such construction either to the city at large or as a local improvement as provided in Part 10.
Where under this Act power is expressly given to the city or to the council to do, or enforce the doing, of any act or thing
(a) all such powers shall be deemed also to be given as are necessary to enable the city or the council to do, or enforce the doing, of the act or thing; and
(b) if the doing by the city or council of any such act expressly authorized is dependent on the doing of any act not expressly authorized, the city or the council, as the case may be, has the power to do the other act.
Execution of agreements of documents
The city may pass by-laws providing for the manner of or the necessity for the execution of any document, instrument or agreement by the city or by any person acting on behalf of the city and, unless otherwise specifically provided by this or any other Act of the Legislature, any document, instrument or agreement executed in the manner provided in the by-law is properly executed by the city.
Signing of documents where no by-law
Until a by-law under subsection (1) is in effect, the mayor, together with the clerk, shall sign all agreements entered into by the city and, unless otherwise provided in this Act, all documents and by-laws required to be executed by the city.
The jurisdiction of council is confined to the area the council represents, except where authority beyond its boundary is expressly given by this Act or any other Act.
No proceeding, act, matter, or thing, done or purporting to be done under this Act, is invalid on account of any formal defect or omission.
Where, under this Act or any other Act, council is authorized or required to do any act or thing, or is authorized or required to pass a by-law for any purpose, the council, subject as herein provided, may expend from its general fund such monies as are necessary to do the act or thing or to carry out the purpose of, or give effect to, the by-law unless other specific provision is herein made for the required expenditure.
Membership in municipal associations
The city may apply for membership in
(a) the Association of Manitoba Municipalities;
(b) The Federation of Canadian Municipalities; and
(c) such other organizations that in the opinion of the council it is in the interests of the city to belong.
The council may provide for comprehensive insurance to protect the city or a member of council against loss through damage to real or personal property, or both, from any cause, and may provide insurance against claims for loss or damage for which the city or a member of council may become liable.
Insurance policies on employees and members of council
The city may enter into a contract of accidental death, accident or disability insurance to cover employees or members of council while they are performing their duties as employees or members of council.
The city may pay for, or purchase insurance to cover the legal expenses of an employee or member of council incurred as a result of anything done or omitted to be done by him or her in the course of employment or the performance of duty.
Power of solicitor to settle claims
The council may, subject to such conditions as it may prescribe, delegate to its solicitor, or other employee of the city, the authority to settle any claim, or any specified kind of claim, against the city.
Where the city employs a barrister-at-law or a solicitor whose remuneration is wholly or partly by salary, annual or otherwise, the city may recover and collect lawful costs in all suits and proceedings in the same manner as if the barrister-at-law or solicitor were not receiving such a salary, whether or not the costs are, by the terms of the employment, payable to the barrister-at-law or solicitor as remuneration in addition to salary.
Where power is given to the city under this or any other Act to perform services or sell goods or lands, it shall be deemed to have, and always to have had the same right as a private individual to take security for any debt owing to it and arising out of matters transacted in the exercise of the power.
Property in settlement of debts
The city may acquire, hold, and dispose of, real or personal property offered or transferred to it in partial or complete settlement or payment of, or as security for, any lien or charge, or any right to a lien or charge, on any property, or any other indebtedness owing to the city.
Where council has power to make appointments to any board, commission or other body, the council may, and shall be deemed always to have had the power to make those appointments, and for each councillor or other person so appointed, to appoint a substitute or substitutes to act in the place and stead of the person in the event of his absence from the board, commission or other body due to his sickness or absence from the city.
Notices in Gazette not required
Unless herein specifically directed, it is not necessary to publish in The Manitoba Gazette notices or advertisements required or allowed by this Act.
The council may, by by-law, provide for taking a census of the inhabitants of the city, or of any part of the city, designated in the by-law.
The council may submit any question, within or without the powers of the council, to an expression of opinion of the electors or resident electors of the whole or any part of the city but the result of the expression of opinion is not binding on the council, and the council shall make such expenditures as it considers necessary and advisable for the purposes of holding the vote and for providing information to the electors or resident electors on the question that is submitted to an expression of opinion and the information provided may be favourable or unfavourable, or partly favourable and partly unfavourable, to the question to be submitted to the expression of opinion.
No lands, personal property, or other assets of the city are liable to execution, attachment, or garnishment, or to sale under a certificate of judgment.
The council may enact by-laws respecting the granting of permits to authorize the doing of any act that is within the jurisdiction of the council, the forms of permits, the issue and the signing of permits, applications for permits and the form of application, and the fees for permits, and respecting all other matters relating to the issue of permits for which it is necessary to make provision.
Subject to section 124, from the Consolidated Fund, with monies authorized by an Act of the Legislature to be so paid and applied, the Minister of Finance may, on the order of the Lieutenant Governor in Council, make grants to the city for any purpose stated in the order, of such amounts as may be fixed in the order up to a maximum of the total amount so authorized.
A grant shall not be made under section 123
(a) in aid of the conservation of a building listed on the buildings' conservation list; or
(b) as a contribution toward the cost of purchasing a building listed on the buildings' conservation list;
unless, before the building being listed on the buildings' conservation list, the Lieutenant Governor in Council approves the listing and, in the case of a grant toward the purchase of a building before the execution of an agreement to purchase it, the Lieutenant Governor in Council approves the purchase.
A by-law shall be under the seal of the city, and shall be signed by the mayor or by the deputy mayor or other officer presiding at the meeting of the council at which the by-law is passed and by the clerk of the city.
A copy of
(a) a by-law, resolution, record, book or document, written or printed, without erasure or interlineation; or
(b) a contract executed by the city or other document in the possession of the clerk of the city;
under the seal of the city and purporting to be certified by the clerk to be a true copy, shall be deemed authentic and may be filed and used in a court in lieu of the original, and shall be received in evidence without proof of the seal or of the signature or official character of the person appearing to have signed it, and without further proof, unless the court otherwise directs.
Printed documents purporting to be printed copies of by-laws passed by council, and purporting to be printed by authority of the council, shall be admitted as prima facie evidence in all courts in the province of the by-laws and of their due passing.
In this section "by-law" includes a by-law in force in a part of the city and "amendment" includes an amendment to a by-law, whether made before or after the coming into force of this Act.
Publication of consolidated by-law
The city may authorize the publication of a by-law, as amended, and any printed copy of the by-law printed with the amendments and purporting to be printed by authority of the council is admissible as prima facie proof in all courts in the province of the by-law as amended to a date indicated on the by-law, and of the due passing of the by-law and the amendments to it.
Certification of consolidated by-law
A copy of a by-law as amended under seal of the city and purporting to be certified by the clerk to be a true copy of the by-law as amended shall be deemed to be authentic and is admissible as prima facie proof in all courts in the province of the by-law as amended to the date indicated in the certificate and of the due passing of the by-law and the amendments, without proof of the seal or the signature or official appointment of the clerk.
The council may enact as a new by-law any by-law formerly passed and still in force with the amendments to it and, notwithstanding that any requirement of the Act as to notice, time, submission to or approval of a member of the Executive Council, or any board, commission or tribunal, or any committee of council, is not observed in the passing of the new by-law, if the new by-law reflects the state of the former by-law with amendments, without any new matter, the new by-law is valid and shall not be questioned in any court by reason of the failure to comply with the requirement, and the former by-law and the amendments brought forward in the new by-law may be repealed.
MUNICIPAL CODE
By-law enacting municipal code
Council may, in accordance with this section, by by-law pass a municipal code that revises and consolidates those by-laws that were previously passed by council and that council considers desirable to include in the municipal code.
Conditions and approvals deemed to be satisfied
Any condition precedent or subsequent or the approval of any authority external to council required by law before the original by-law came into force shall, if that condition was satisfied or that approval was obtained in respect of the original by-law, be deemed to have been satisfied or obtained in respect of the corresponding provision of the municipal code.
The municipal code shall include a schedule listing the by-laws or parts of by-laws that are repealed or repealed and replaced by the municipal code.
Appointment of revising officer
Council shall appoint a revising officer who shall be responsible for ensuring that the municipal code is prepared in accordance with this section.
In the preparation of the municipal code, the following powers may be exercised by or under the authority of the revising officer:
(a) the omission of any spent, expired or repealed by-laws or parts of by-laws;
(b) the alteration of the numbering and arrangement of the by-laws or parts of by-laws;
(c) the revision of the language of a by-law in order to express better its intention and meaning, but not so as to change that intention or meaning;
(d) the revision of the language of the by-laws to the extent required to achieve a uniform mode of expression in the municipal code;
(e) the making of such amendments as are necessary to reconcile inconsistent by-laws or parts of by-laws and to correct grammatical or clerical errors.
The revising officer shall, upon completion of the preparation of the municipal code, prepare and submit a report to council setting out a summary of the revisions and amendments made in the exercise of the powers set out in clauses (5)(c), (d) and (e) and certifying that, in the preparation of the municipal code, to the best of his or her knowledge none of the powers referred to in subsection (5) has been exceeded.
Council shall consider the report of the revising officer before passing the municipal code.
Subject to subsection (9), the municipal code shall not operate as new law, but shall be construed and have effect as a consolidation and as declaratory of the law contained in the by-laws or portions of by-laws repealed and for which the municipal code is substituted.
Construction where code differs from previous by-law
If any provisions of the municipal code are not in their effect the same as the provisions of the repealed by-law for which they are substituted, the following rules shall apply:
(a) in respect of transactions, matters and things arising after the coming into force of the municipal code, the provisions of the municipal code prevail;
(b) in respect of transactions, matters and things arising before the coming into force of the municipal code, the provisions of the repealed by-law prevail.
S.M. 1992, c. 37, s. 6.
Subject as herein provided, a proposed by-law shall receive three separate readings before it is passed and becomes a by-law, and a proposed by-law may be amended on any reading of it.
No more than two readings of any by-law shall be given at any one meeting, unless, by the affirmative vote of 2/3 of the whole council, this requirement is suspended.
Unless the council, by a majority vote of the members present, dispenses with the reading of a proposed by-law in full at any reading of it, and subject to subsection (4), each proposed by-law shall be read aloud in full to the council, at each reading of it, by the clerk or a member of the council, with amendments made at any previous reading of it.
Where a proposed by-law or any schedule to a by-law, is typewritten, mimeographed, printed, or otherwise clearly set forth in some similar written form, and a copy of it is given to each member of the council before the meeting at which any reading of the by-law is to take place, it is not necessary that the proposed by-law or schedule be read aloud.
A by-law that is inconsistent with an Act in force in the province, or with a regulation made under an Act, is invalid in so far as the by-law is inconsistent with the Act or regulation.
Where any person interested in a by-law, order or resolution of the council applies to a judge of the Court of Queen's Bench and produces a copy of the by-law, order or resolution certified under the hand of the clerk and under the corporate seal of the city, and shows by affidavit that the copy was received by the person from the clerk, and that the applicant is so interested, the judge, not earlier than ten days after the applicant has served on the clerk a notice of motion to quash the by-law, order or resolution, may, by order, quash the by-law, order or resolution, in whole or in part, for want of jurisdiction on part of the council, or bad faith, and according to the result of the application, award costs for or against the city.
No quashing for unreasonableness
A by-law, order or resolution passed by the council in the exercise of any of the powers conferred by, and in accordance with this Act, and in good faith, is not open to question, and shall not be quashed, set aside, or declared invalid or void, either wholly or partly, on account of the unreasonableness or alleged unreasonableness of its provisions or of any of them.
By-law, etc., obtained by bad faith
Subject to section 132, any by-law, order or resolution, the passing of which has been procured through, or by means of, bad faith, may be quashed on an application made as herein provided.
Limitation as to time for quashing
No application under section 129 or section 131, and no application to or any action in any court for a declaratory judgment respecting the validity of a by-law, order or resolution of the city shall be entertained unless it is made or commenced within three months from the passing of the by-law, order or resolution.
Acts done under invalid by-law
Where a by-law, order or resolution is invalid, in whole or in part, and anything has been done under it that, by reason of the invalidity, gives a person a right of action, no such action shall be brought until one month has elapsed after the by-law, order or resolution is quashed or repealed, and until one month's notice in writing of the intention to bring the action is given to the city; and such an action shall be brought against the city alone, and not against any person acting under the by-law.
Where the council in passing a by-law, order, or resolution, has acted fraudulently or in bad faith, a person who has suffered damage by reason of the by-law, order or resolution shall have a right of action against the city, to recover those damages, provided that no such action shall be brought until one month's notice in writing of the intention to bring the action is given to the city, and such an action shall be brought against the city alone, and not against any person acting under the by-law, order or resolution.
Application of sections 129 to 133
Sections 129 to 133 apply with such modifications as the circumstances require to any order or resolution of a committee of council.
Limitation on time to bring action
Except where otherwise provided herein, all suits for damages, or indemnity for any damage or injury, sustained by reason of the construction, operation, repair or maintenance of any works or undertakings of the city shall be instituted within two years next after the time the alleged damage was sustained, or if there is continuation of damage, then within two years next after the doing or committing of the damage ceases, and not afterwards.
Action arising from advertising sign
No action or proceeding shall be brought or instituted against the city in respect of any claim for loss or damage caused by or arising out of the erection, maintenance, or disrepair of any sign or other advertising device or otherwise arising in connection therewith, except within two years of the event giving rise to the claim, but nothing herein imposes or implies any liability on the part of the city in respect of any such loss or damage.
The council may, by by-law, make regulations respecting matters for which provision is not specifically made herein, and without restricting the generality of the foregoing may make such regulations for the health, safety, and welfare of the inhabitants and for the peace, order, and good government of the city as the council considers necessary.
The city may, by resolution of the council, make grants of money
(a) to any charitable or philanthropic institution that is authorized under The Charities Endorsement Act to canvass or solicit for funds;
(b) repealed, S.M. 1998, c. 37, s. 45;
(c) for aiding athletic or aquatic sports;
(c.1) to support economic development; and
(d) for any other purpose that, in the opinion of the council, may be in the interests or to the advantage of the city or the inhabitants of the city.
By-law re home renovation tax credit program
The council may by by-law establish a program of property tax credits to encourage and assist in the renovation of residential premises, and any such by-law shall include provisions
(a) prescribing types or classes of premises eligible for tax credits, which types or classes may be based on the age, assessed value or occupancy of eligible premises, or other criteria;
(b) prescribing the types of renovations and costs associated with renovations eligible for tax credits;
(c) establishing terms and conditions under which tax credits may be provided and terminated;
(d) respecting the amounts of tax credits, including the maximum annual tax credit for each premises and the period of time in which a tax credit may be applied to taxes; and
(e) respecting any other matter that the council considers necessary or advisable.
Review of program in fifth year
A by-law passed under subsection (1) expires five years after the day it is passed unless the council, in the fifth year, reviews the program and approves continuation of the by-law.
S.M. 1994, c. 15, s. 18.
By-laws re unserviced residential premises tax credit program
The council may by by-law establish a program of property tax credits for residential premises that are not serviced by the city's sewer and water system, and any such by-law shall include provisions
(a) prescribing types or classes of premises eligible for tax credits;
(b) prescribing the amount of the tax credit for each premises;
(c) establishing terms and conditions under which tax credits may be provided and terminated; and
(d) respecting any other matter that the council considers necessary or advisable.
By-laws re new home grants, credits or refunds to property owners
The council may by by-law establish a program of grants, property tax credits or refunds to encourage and assist in the construction or purchase of new dwellings, and any such by-law shall include provisions
(a) prescribing types or classes of premises eligible for a grant, tax credit or refund;
(b) establishing terms and conditions under which a grant, tax credit or refund may be provided or terminated;
(c) establishing criteria for determining
(i) the amount of a grant, tax credit or refund,
(ii) the maximum annual grant, tax credit or refund, and
(iii) the period of time in which a grant, tax credit or refund may be paid out to an owner or applied to taxes;
(d) respecting eligibility criteria for recipients of grants, tax credits or refunds; and
(e) respecting any other matter that the council considers necessary or advisable.
Review of program in fifth year
A by-law passed under subsection (1) expires five years after the day it is passed unless the council, in the fifth year, reviews the program and approves continuation of the by-law.
By-laws re tax credits for buildings in designated areas
The council may by by-law establish a program of grants, property tax credits or refunds to encourage and assist in the construction, renovation or preservation of buildings within an area designated by council and any such by-law shall include provisions
(a) prescribing types or classes of buildings eligible for a grant, tax credit or refund;
(b) establishing terms and conditions under which a grant, tax credit or refund may be provided or terminated;
(c) establishing criteria for determining
(i) the amount of a grant, tax credit or refund,
(ii) the maximum annual grant, tax credit or refund, and
(iii) the period of time in which a grant, tax credit or refund may be paid out to an owner or applied to taxes;
(d) respecting eligibility criteria for recipients of grants, tax credits or refunds; and
(e) respecting any other matter that the council considers necessary or advisable.
Notwithstanding any other Act of the Legislature or the rules or by-laws of the hospital, but subject to subsection (2), where the city makes a grant toward the capital costs of a hospital, the council shall have the right to appoint two representatives to sit as members of the governing board of the hospital to which the grant was made, and any member so appointed shall hold office until a successor is appointed by the council.
Where all the members of the governing board of a hospital that is owned and operated by a religious association and to which a grant is made toward the capital costs of the hospital are, by its Act of incorporation, required to be members of the religious association, the appointments to which reference is made in subsection (1) shall be to the advisory board of the hospital.
Where the city makes a grant under clause 138(b) none of the assets acquired for the hospital, either wholly or in part, through the expenditure of the grant shall be used for purposes other than the hospital for which the grant was made without the express approval of, and under such conditions as may be prescribed by, the Minister of Health.
In this section, "procurement" means the acquisition by contract of
(a) goods, whether by purchase, hire-purchase, lease, rental or other agreement;
(b) services from an independent contractor; or
(c) goods and services from an independent contractor in respect of real or personal property, or both.
The council may establish a procurement policy for the city.
Without limiting the generality of subsection (2), a procurement policy may
(a) require classes of procurements to be made by way of competitive bids, competitive proposals or requests for quotations;
(b) permit classes of procurements to be made from a single source or in an emergency situation;
(c) provide for the exemption of classes of procurements from the policy;
(d) establish forms of contract and determine when they are required or permitted to be used;
(e) establish procedures for soliciting procurements by competitive bids, competitive proposals or requests for quotations or from a single source or in an emergency situation;
(f) govern securities to be provided with respect to a bid, proposal or quotation or an offer from a sole source or emergency supplier;
(g) govern securities for the performance of contracts of procurement that are to be provided and maintained by contractors;
(h) govern the award of contracts;
(i) establish ethical standards for persons involved in procurement by the city.
S.M. 1993, c. 2, s. 12.
The city, under the authority of a by-law, may guarantee the payment of principal or interest, or both principal and interest that is or may become payable under any bonds, debentures, notes, or other securities issued by The Red River Exhibition Association.
The guarantee to which reference is made in subsection (1) shall be in such form as the council may, by by-law, approve and shall be signed by the mayor or a member of council or such officer of the city as the council may, by by-law, designate for the purpose, and the signature shall be conclusive proof for all purposes of the validity of the guarantee and that the relative provisions of this Act have been complied with.
Guarantee printed on each bond
The form of the guarantee shall be printed on each bond, debenture, note, or other security to be guaranteed and when the guarantee has been signed as provided in subsection (2) it is a valid obligation and liability of the city.
Monies to be paid out of city fund
Where the city has guaranteed the payment of principal or interest, or both principal and interest that is or may become payable under any bonds, debentures, notes, or other securities issued by The Red River Exhibition Association, the monies necessary to fulfil the requirements of the guarantee may be paid from and out of the funds of the city.
Contract for furnishing services
The city may enter into contracts with one or more municipalities and with the Provincial Government for the furnishing by any one or more of the parties to any one or more of the other parties of such services as may be specified in any such contract.
S.M. 1989-90, c. 52, s. 4.
Repealed.
S.M. 1989-90, c. 8, s. 14.
Reception and entertainment expenses
The council may pay for the reception and entertainment of guests, and for expenses incurred in matters that, in the opinion of the council, may be in the interests or to the advantage of the council or the inhabitants of the city.
A by-law or resolution enacted or made by the council may be enforced, and contravention of a regulation therein restrained, by the Court of Queen's Bench on action brought by the city or an elector, whether or not a penalty is imposed by the contravention, and it shall be unnecessary for the Crown or the Attorney-General or any other officer of the Crown to be a party to the action.
Where the city has authority to direct, by by-law or otherwise, that any matter or thing be done by any person, it may also, by the same or another by-law, direct that, in default of its being so done, it shall be done by the city at the expense of the person in default; and the city may recover the expense thereof with costs by action, or may levy such expense against the property respecting which the matter or thing was done and recover the expense in the same manner as taxes in arrear.
OFFENCES AND PENALTIES
A person is guilty of an offence who contravenes
(a) a provision of this Act;
(b) a by-law or resolution made under this Act;
(c) an order made under a by-law or this Act;
(d) a regulation made under Part 15.1;
(e) a provision of another Act which by this Act is made applicable to the city or to proceedings taken or things done under this Act; or
(f) a development agreement that the person entered into under section 591.
Where a contravention referred to in subsection (1) continues for more than one day, the person is guilty of a separate offence for each day it continues.
Council may by by-law establish penalties for contravention of the following:
(a) a by-law or resolution made under this Act;
(b) an order made under a by-law or this Act;
(c) a regulation made under Part 15.1;
(d) a development agreement entered into under section 591;
(e) a provision of this Act for which no penalty has been established by this or any other Act.
In passing a by-law under subsection (1.2), council has, subject to subsection (1.4), the following powers regarding penalties:
(a) to establish a minimum and maximum penalty for an offence;
(b) to establish a minimum and maximum penalty for a second or subsequent offence;
(c) to establish a progressive fine structure for voluntary payment of fines.
Limitation on council's penalty powers
Council shall not
(a) establish a term of imprisonment as a minimum penalty for an offence; or
(b) establish a term of imprisonment greater than six months as a maximum penalty for an offence.
Where no other penalty is established in this Act or in a by-law, a person who is guilty of an offence under this section is liable on summary conviction
(a) in the case of an individual, to a fine of not more than $1000., or to imprisonment for a term of not more than six months, or both; and
(b) in the case of a corporation, to a fine of not more than $5000.
Repealed, S.M. 1998, c. 37, s. 46.
In addition to imposing a penalty under this Act or a by-law passed under subsection (1.2), a justice may order the offender to do one or both of the following:
(a) comply with the provision that was breached within a specified time;
(b) pay to the city the amount of costs incurred by the city as a result of the offence.
When imposing a fine under this Act or a by-law passed under subsection (1.2), the justice
(a) shall set a time limit for payment of the fine; and
(b) may
(i) in the case of an individual, impose a term of imprisonment to be served if the fine is not paid within the time limit, or
(ii) in the case of a corporation, order that the city may distrain goods or chattels of the corporation if the fine is not paid within the time limit.
Application of penalty section
This section applies in place of a penalty established by a by-law, regulation, resolution, order or plan continued in force under subsection 674(3).
Repealed, S.M. 1998, c. 37, s. 46.
Director and officer of corporation
Where a corporation is guilty of an offence under subsection (1), a director or officer of the corporation who authorized, permitted or acquiesced in the offence is also guilty of an offence and is liable to a penalty under this section.
Repealed, S.M. 1998, c. 37, s. 46.
S.M. 1989-90, c. 52, s. 5: S.M. 1991-92, c. 15, s. 8; S.M. 1992, c. 37, s. 7; S.M. 1998, c. 37, s. 46.
Unless otherwise provided in this Act, a fine or other pecuniary penalty levied, under this Act or a by-law, for infraction of this Act or of a by-law, regulation or order enacted by the council, shall be paid to the city.
Jurisdiction of justice of the peace
A justice of the peace may hear, try, determine, and adjudge prosecutions, charges, matters, and proceedings in cases arising under this Act.
Neither any member of the council, nor any employee of the city, nor any person acting under the lawful instructions of any one of them or under the authority of this Act or the regulations, is personally liable for any loss or damage suffered by a person by reason of anything lawfully done or omitted to be done under, or in the exercise of, powers given by this Act or the regulations.
Where the carrying on of a trade as defined in Part 17 hereof consists of the selling or offering for sale of goods or services, or consists partly of going about from place to place soliciting orders or for other similar purposes in connection with the sale of goods or services, in any prosecution for breach of a by-law respecting such trade, evidence of one sale or offer or one delivery of goods or the performance of one act of service or one call at a place for the purpose of soliciting an order or other similar purpose, shall be prima facie evidence of the carrying on of a trade.
A conviction for breach of a by-law shall not be quashed for want of proof of the by-law before the convicting justice, but the court or judge hearing the motion to quash may dispense with any such proof or may permit the by-law to be proved by affidavit or otherwise.
Subject to subsections (2), (3), (4) and (5), where any consent required by
(a) section 186 (inspection by assessor);
(b) subsection 418(5) (inspection for nuisance);
(c) clause 446(1)(e) (sewers);
(d) section 466 (by-law violation);
(e) section 493 (building inspections);
(e.1) section 494.82 (waterways);
(f) clause 524(1)(y) (trades);
(g) clause 549(c) (utilities); or
(h) subsection 598(1) (development);
(i) repealed, S.M. 1991-92, c. 15, s. 9;
is refused by an owner or occupier, or the exercise of a power authorized by any section, subsection or clause set out in clauses (a) to (i) is prevented by the owner or occupier, a justice who is satisfied by information on oath that the circumstances requiring the exercise of that power exist, shall issue a warrant authorizing the person named in the warrant to exercise the power.
The city may apply for a warrant under subsection (1) without first attempting to obtain consent from the owner or occupier.
When an emergency or danger to person, or property arises or is apparently about to arise, the designated employee may grant the authority to enter any land, building or premises, to the persons described in, and authorize the exercise of the powers set out in the clauses, sections, and subsections described in subsection (1), and consent to enter and exercise that authority is not required from any other person.
The powers set out under subsection (3) may be delegated by the designated employee to another employee.
A warrant given under subsection (1) shall be executed by day, unless the warrant specifically authorizes execution during the night.
S.M. 1989-90, c. 51, s. 8; S.M. 1991-92, c. 15, s. 9; S.M. 1994, c. 15, s. 19; S.M. 1998, c. 37, s. 47.
ACQUISITION AND DISPOSAL OF LAND
Power to acquire and dispose of land
The city may
(a) acquire by lease, purchase, expropriation, gift or otherwise
(i) any lands or interest therein, and
(ii) any personal property that the city may consider necessary for its purposes; and
(b) lease or, if found to be no longer required for its purposes, sell by private sale, tender or auction, for cash, on terms or in exchange for other land or other consideration, any land or interests herein, building or personal property owned by the city and any sale or exchange may be made on such terms as the council may decide, and the city may accept and register mortgages on land disposed of as security for the whole or part of the consideration thereof, and may specify by by-law the manner of execution of a lease, transfer, agreement for sale, notice of cancellation or other document required in the exercise of powers herein granted and may specify cases in respect of which a by-law is or is not required as authority therefor;
(c) take options in its own name or in the name of an agent for the acquisition of lands and the city may or may not exercise such options, as the council decides;
(d) acquire, hold and dispose of real or personal property offered or transferred to it in part or whole settlement or payment of or as security for any lien or charge, or any right thereto, or any relief or gratuity given or furnished by the city.
Notwithstanding subsection (1), no land owned by the city and used for park or cemetery purposes on the day this Act came into operation or acquired thereafter by the city for park or cemetery purposes shall be disposed of without the approval of at least 2/3 of the members of the council.
Right of entry for survey, etc.
The city has, subject to liability for damages occasioned by the exercise of its power, the right, with or without the consent of the owner, to enter into and upon land and make such surveys, examinations, and other arrangements, as are necessary for locating and setting out the site of the works and the boundaries thereof; provided that reasonable notice shall be given to the owner and occupant of the land in advance of entry and provided further that entry shall be made only at reasonable times.
Where a declaration has been registered in the land titles office under The Expropriation Act, any person authorized in writing in that behalf by the city may, at any reasonable time on notice to a person in actual occupation of the land to which the declaration relates, enter upon the land for the purpose of making an appraisal of the value of the land or any interest therein.
Power to acquire additional land
The city may acquire by lease, purchase, expropriation, gift or otherwise, the land required for any of the purposes of the city, and any land in addition thereto, hereafter referred to as "additional land", that the city considers advantageous to acquire in connection therewith.
Where the city acquires land for any of its purposes, if it finds that by acquiring a quantity larger than is required and disposing of the excess it can acquire the amount of land required at a lower net price or otherwise with more advantage to the city, the city may acquire the extra land and dispose of it.
The city may
(a) acquire land and buildings within the city by purchase, lease, exchange, donation or expropriation; and
(b) sell, mortgage, lease or otherwise dispose of land acquired by the city to any person for the purpose of development on such terms and conditions as the council may consider advisable.
The city may develop or redevelop land acquired by the city, and may
(a) subdivide and classify the land in any manner council considers to be in the best interests of development or redevelopment;
(b) provide services for the land;
(c) construct buildings and structures on the land and lease them on such terms and conditions as the council may consider advisable;
(d) provide and develop parks; and
(e) provide recreational and cultural facilities on the land;
and may operate and manage the services, buildings, structures, parks, and facilities.
Power to acquire land for assembly
The city may acquire lands within the city by purchase, lease, exchange, donation or expropriation for the purpose of assisting in the assembly of land for residential, park and recreational, commercial or industrial development or redevelopment, and for rights-of-way of future streets, together with lands abutting them, and for those purposes, hold, lease, sell, exchange or otherwise dispose of the land on such terms and conditions as the council may consider advisable, and may lease air rights above such land.
S.M. 1989-90, c. 52, s. 7; S.M. 1991-92, c. 15, s. 10.
Notwithstanding any other Act, but subject to the rights of Her Majesty, and subject to paying due compensation therefor, the city may expropriate and use, without the consent of the owner or any person interested therein, any lands or interests therein that are within the city and that the city may consider necessary for its purposes; and the authority granted by this subsection may be exercised in priority to the rights of any corporation or person other than Her Majesty.
S.M. 1989-90, c. 52, s. 7.
Application of Expropriation Act
For the purposes of expropriation, The Expropriation Act applies to the city.
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