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REPEALED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 |
BUILDINGS, WORKS AND SERVICES
Council may
(a) authorize the acquisition or construction of any building, plant or equipment required for any purpose of the city, including the housing of any city official or for any business or other operation which the city may be authorized to conduct;
(b) construct or acquire a building with floor space which is greater than is necessary for the accommodation of city services required and may lease or rent any surplus floor space not required for city services; and
(c) rent, lease or purchase any buildings for the purpose of providing public rest and reading rooms or other public accommodation and shall, in the event of so doing, make regulations for the conduct and maintenance of them.
The city may establish and regulate parking sites on land not part of a highway and may erect buildings thereon for the purpose of affording accommodation to the public, with or without charge, for the parking of vehicles, and may operate the sites and buildings or arrange for them to be operated by other persons under agreement with the city.
Commercial use of parking buildings
Where the council considers it expedient in order to assist in defraying the operating costs of the building, it may
(a) provide therein space for commercial uses; and
(b) lease that space for commercial uses including the sale therein by the lessee or lessees of any goods or commodities of trade or commerce.
For the purposes authorized by subsection (1) the city may acquire and hold stock in any company authorized to do business in Manitoba and having as one of its objects the providing of public parking accommodation.
Parking meters on private land
For the purposes authorized under subsection (1), the city may enter into, and carry out, agreements with any person whereby private property is used for public parking and the city may install, maintain, regulate and charge fees for the use of parking meters on the private property on terms provided in the agreement and may enforce any by-laws of the city with respect thereto in the same manner and with the same powers as by-laws respecting parking meters on streets.
The city may erect, equip, operate and maintain pedestrian decks, together with all utilities, services and facilities appurtenant to them as may be considered expedient.
Deck may be designated public street
For the purpose of control and regulation of the use of a pedestrian deck, a pedestrian deck, together with the places and the means of gaining access to the deck and exit from it, may be designated by council to be a public street.
Weather proofing pedestrian decks
Where a pedestrian deck is constructed, opposite or adjoining a building fronting or abutting on the street, the city may do all things necessary to strip-seal any space between the pedestrian deck and the building in order to weather-proof the pedestrian deck.
The city may enter into agreements with the Province of Manitoba for the performance of any work or services for the province by the city, either inside or outside the territorial limits of the city, on such terms as the city and the province may agree on.
The city may establish and operate quarries and pits within or without the city for the production and supply of stone, gravel and sand for its own use and may sell to any person, at such prices as it shall see fit, any stone, gravel or sand so produced.
The city shall have power to establish, maintain and operate within or without the city, and make regulations for the general maintenance, management and conduct of, water and land airports and aviation fields, hangars and aircraft landing places, including sites for repair plants and the manufacturing of aircraft or parts thereof.
The city shall have power to establish the rates, prices, and rents to be charged for goods, services or privileges supplied by the city in carrying on such undertaking and to make regulations for the enforcement of payment thereof.
The city may pass by-laws for the regulation, establishment and maintenance of ferries wholly within, or with the concurrence of another municipality, within the city and such other municipality, and for the granting or joining in the granting of exclusive privileges of operating any such ferry for any term not exceeding 10 years, on such terms and conditions as to the rate of ferriage and the management and operation as shall seem best.
Repealed.
S.M. 1994, c. 15, s. 30.
The city may establish, maintain, operate and regulate cemeteries, crematoria, parks, pleasure grounds, playgrounds, or an agricultural, industrial or other exhibition, inside or outside the limits of the city.
Public facilities and services
The city may
(a) establish and regulate public facilities and services, including, without limiting the generality of the foregoing, swimming pools, arenas, leisure centres and gymnasiums, and may prescribe the fee or charge for the use of any public facility or the provision of any service to the public and may authorize the use of any facility or provision of any service on any day of the week;
(b) establish, manage and maintain public libraries and branches of them established by the city or others and may establish new branches, and for that purpose, may regulate and govern the use of the library and prescribe a penalty for the infraction of any rule made for the regulation thereof;
(c) establish, operate, regulate and charge for the use of auditoriums, theatres, assembly halls, art galleries and museums; and for those purposes may expend each year such sums as council shall decide for purchasing or borrowing pictures, statuary, or other works of art, or objects of scientific or historical interest, the holding of exhibitions or entertainments, and for the salaries and expenses of management and maintenance of the buildings for the purposes thereof; and
(d) undertake and carry out a program of recreational activities for the purpose of promoting physical fitness.
Free use of library by residents and electors
Notwithstanding any other provision of this Act, the city shall permit the residents of the city to have free use of the circulating and reference books of every public library and branch it maintains.
S.M. 1993, c. 2, s. 22.
The city may establish, operate and regulate abattoirs and stockyards in conjunction therewith.
City may regulate and prescribe fees
On the establishment of such undertaking, the city shall make regulations for the conduct thereof, and specify the fees and rentals to be charged for the use thereof, and such regulations shall provide that no person shall be given any monopoly, advantage or preference in the use thereof. Such regulations may further provide that no animals shall be slaughtered in any place other than an abattoir operated by the city.
The city may construct, establish or discontinue markets and weigh scales, and make regulations with respect to their use and the charges to be made therefor including regulations for enforcing payment of any charge made with respect to goods brought into the market, by distress and sale thereof.
The city may establish and maintain pounds.
Repealed.
S.M. 1994, c. 15, s. 31.
Works with other municipalities
The city and any other municipality shall have power to enter into an agreement for executing any work within the powers of either of them and for apportioning and providing for the time and manner of payment of the cost of the work; and each municipality that is party to the agreement may pass by-laws for the issue and sale of debentures to provide for its share of the cost and for assessing and levying the share or a portion of it on all the rateable real property within the municipality, or on the real property within its boundaries, benefited by the work, as if it were a local improvement solely within the municipality.
Borrowing as local improvement
Notwithstanding anything in subsection (1), in any by-law for the issue and sale of debentures under subsection (1) the city may provide for the borrowing of a sufficient sum to cover the entire cost of the work as a local improvement.
Agreements with school divisions
The city and any school division may enter into agreements for the provision by one of the parties to the other of any services, or for the sharing of equipment, buildings and other facilities.
The city may pass by-laws for granting aid to any other municipality for opening, making, maintaining, widening, raising, lowering or otherwise improving any street, bridge, ditch, drain or sewer outside the city.
Repealed.
Prohibition regarding contracts
No director, trustee, or officer of the board of any public hospital, exhibition board, or society, or other organization receiving grants or payments from the city shall, either directly or indirectly, enter into any contract of any kind or make a purchase or sale in which the organization is a party interested; and any contravention of this section shall be held to be a disqualification of such person to continue to hold office as a director, trustee or officer aforesaid, and the contract, purchase or sale shall be held void in an action thereon against the organization.
S.M. 1991-92, c. 15, s. 13 and 23.
S.M. 1989-90, c. 52, s. 9; S.M. 1991-92, c. 15, s. 13 and 23.
Repealed.
S.M. 1991-92, c. 15, s. 13 and 23.
The city has all the responsibility and duties charged on, and all the powers and authority vested in, a municipality under The Noxious Weeds Act.
Notwithstanding anything contained in The Noxious Weeds Act, if the city in exercising its powers under this section incurs any expense by reason of any of its weed inspectors cutting down or destroying or causing to be cut down or destroyed any noxious weeds within the city, the cost of the work is a debt due to the city by the person, firm, or corporation whose duty it is under The Noxious Weeds Act to destroy the weeds, and may be recovered by the city by action in a court of competent jurisdiction; and the city has a lien on the lot or parcel of land on which the weeds were cut down or destroyed in the amount of the cost of the work.
In lieu of collecting the cost of work as provided in subsection (2), the amount of the costs, certified by the weed inspector, may be recovered by the city by summary process of law and it may be added to the taxes on the land on which the weeds were cut down or destroyed or on the building or structure thereon, and may be collected in the same manner as other city taxes are collected.
Repealed.
S.M. 1994, c. 15, s. 32.
The city may establish and regulate automobile, trailer park and tent camp sites, within the city and may construct, operate and maintain facilities and works thereon for the purpose of affording accommodation to the public, and may make regulations with respect to their use and the charges to be made therefor, and may operate and maintain the sites, works and facilities or arrange for them to be operated or maintained by other persons under agreement with the city.
S.M. 1989-90, c. 52, s. 7.
Parking authority may be established
The council may establish by by-law, an authority to be known as: "The Parking Authority of The City of Winnipeg", to which the council may delegate any or all the powers exercisable by it regarding the construction, maintenance, control, operation, and management of public parking lots and parking buildings belonging to the city.
The council may appoint such persons as it considers necessary to carry out the powers delegated by council to the Parking Authority of The City of Winnipeg.
The members may be paid such salary or other remuneration as may be fixed by by-law of the council.
The parking authority shall fix rates and charges for the use of parking facilities under its control and management.
The parking authority shall submit to the council its estimates for each year at the time, and in the form, prescribed by council and make requisitions on the council for all sums of money required to carry out its powers and duties.
Nothing in this section divests the council of its authority with reference to providing the money for the purposes of the parking authority; and when money is so provided by the council, the treasurer of the city shall, on the certificate of the parking authority, pay out the money.
On or before such date as council may prescribe, the parking authority shall submit to the council its annual report for the preceding year, including a complete audited and certified financial statement of its affairs, with the balance sheet and revenue and expenditure statement.
The city auditor shall be the auditor of the parking authority; and all books, documents, transactions, minutes and accounts of the parking authority shall, at all times, be open to his inspection.
The power, right, authority, and privilege of the city to raise money by the issue of debentures or otherwise for the acquisition of land or construction of buildings to be used for the public parking of vehicles, and the power to guarantee repayment of any loan or loans to any person for parking facilities, shall not be transferred to the parking authority.
Abolition of parking authority
Upon the repeal of the by-law establishing the parking authority, the parking authority shall cease to exist and its undertaking, documents, assets and liabilities shall be assumed by the city.
In this section, "private works" includes
(a) the clearing of snow from sidewalks, driveways, curbs, gutters, approaches, sewers or drains on private property; or
(b) the construction, alteration, or repair of sidewalks, driveways, curbs, gutters, approaches, sewers or drains on private property.
Use of equipment for private works
The council may authorize private works to be carried out, or may authorize the use of its equipment, materials and labour to carry out private works inside or outside the boundaries of the city.
Conditions respecting private works
Where the council authorizes private works under subsection (2), the council
(a) shall specify the rates and charges, or the method of fixing the rates and charges, to be charged for private works; and
(b) may, before undertaking the private works, require the person requesting the private works to enter into an agreement with the city respecting private works.
Where the city carries out private works on private property located in the city and the costs incurred remain unpaid 30 days past the due date on the invoice, the city may charge interest on the unpaid costs at a rate fixed by by-law.
City may collect the cost of work
The cost of private works and any accrued interest may be added to the taxes on the property and collected in the same manner as other taxes assessed against the property.
The city may
(a) acquire, operate, regulate or abolish ambulance services in all or part of the city;
(b) acquire necessary vehicles and equipment for its ambulance services;
(c) contract with a municipality or person for the provision of ambulance services.
Council may fix fees or charges
The council may fix a fee or charge, or prescribe a method for determining a fee or charge, for ambulance services.
The city may provide ambulance services outside the city.
PUBLIC CONVENIENCE AND WELFARE
NUISANCES, NOISE AND OTHER MATTERS
Nuisances, noise and related matters
The council may pass by-laws
(a) prohibiting nuisances and requiring nuisances to be abated, and for the purpose of prohibiting, regulating and remedying untidy and unsightly premises;
(b) prohibiting or regulating noises that in the opinion of the council are unnecessary or may be prejudicial to the rest, comfort or health of the public;
(c) requiring the removal or pruning of trees or shrubs on private or other property that interfere with or endanger the lines, poles, conduits, pipes, sewers or other works of a municipal or other public utility;
(d) requiring owners, agents of owners and occupiers of land to keep grass and other groundcover cut;
(e) requiring owners, agents of owners and occupiers of land to remove snow and ice from the roofs of premises on the land;
(f) preventing injury to or destruction of trees or shrubs planted for shade or ornament;
(g) preventing cruelty to animals and preventing the destruction of birds;
(h) prohibiting or regulating the firing of guns or other firearms, and the firing or setting off of fire balls, squibs, crackers or fireworks, and for prohibiting the sale within the city of fireworks to any person;
(i) requiring the proprietors of businesses that sell food or refreshments in containers or papers that are discarded in the vicinity by patrons of the business to
(i) keep the premises and the adjoining public and private land, streets and lanes, within a distance that the council may prescribe, free of discarded containers and papers, and
(ii) collect and dispose of the discarded containers and papers at a time and in a manner that is satisfactory to the health officer of the city;
(j) prohibiting or regulating the sale, display or offering for sale, possession or transportation of guns or firearms other than guns or firearms that are prohibited weapons or restricted weapons for the purposes of Part III of the Criminal Code (Canada).
Presumption as to discarded cartons
For the purpose of a by-law made under clause (1)(i), discarded containers and papers of a kind used in a business described in that clause, that are found within the distance from the place prescribed in the by-law, are presumed to have been used for the sale of goods sold in that business and to have been discarded by its patrons.
Order requiring owner to remedy defect
A by-law under subsection (1) may
(a) permit the city to make an order requiring the owner, agent of the owner or occupier of land to remedy any condition on the land that contravenes the by-law;
(b) provide for the way in which notice of an order is to be given to the owner, agent of the owner or occupier, and the by-law may provide that notice may be given in a different manner for different types of orders;
(c) impose penalties for contravention of the by-law;
(d) provide that if the owner, agent of the owner or occupier does not comply with an order to remedy the condition, the city may cause such work to be done as it considers necessary to remedy the condition;
(e) require the cost of the work done to remedy the condition to be paid by the owner, agent of the owner or occupier and, in default of payment, permitting the city
(i) to recover the cost as a debt in a civil proceeding, or
(ii) to charge the cost against the affected land as taxes due and owing in respect of that land and to recover the cost as such; and
(f) contain any other provision that the council considers necessary to carry out the purpose of the by-law.
An owner, agent of the owner or occupier who is ordered to remedy a condition under a by-law passed under this section may appeal the order to the Court of Queen's Bench within 10 days after notice is given and, if the Court is satisfied that the city has acted unreasonably or unjustly or in a manner contrary to the intent and meaning of this Part, the Court may set aside or vary the order.
A person authorized by the council may, with the consent of the owner or occupier but subject to subsection 155(1)(warrant), enter and inspect any land, building or premises to determine compliance with a by-law passed under subsection (1) and to enforce the by-law.
S.M. 1994, c. 15, s. 33; S.M. 1995, c. 20, s. 3.
City may file order against land
Where the city has passed a by-law under clause 418(1)(a) and pursuant to the by-law has issued an order under subsection 418(3) respecting premises, the city may file a certified copy of the order in the Winnipeg Land Titles Office against the land that is the subject of the order.
The order shall include
(a) a description of the land and the premises which are the subject of the order; and
(b) a statement that the premises do not comply with the by-law passed under clause 418(1)(a).
District registrar shall register order
The district registrar shall register the order against the title or abstract of title of the land described in the order.
Subsequent purchasers deemed served
A person who acquires an interest in land on or after the date on which an order is registered against it under subsection (3) is deemed to have been personally served with the order on the date of registration.
City shall discharge registration upon compliance
Where the city determines that an order registered under subsection (3) has been complied with, the city shall file a notice of discharge in the Winnipeg Land Titles Office in the form prescribed under The Real Property Act.
SIGNS AND NOTICES
The council may pass by-laws
(a) prohibiting the removing or defacing of signs, notices and other advertising devices that are lawfully affixed;
(b) prohibiting the defacing of private or other property by printed or other notices.
S.M. 1994, c. 15, s. 33.
FENCES
The council may pass by-laws
(a) requiring vacant lots to be properly enclosed;
(b) prescribing the height and description of fences;
(c) prescribing the height and description of and the manner of maintaining, keeping up or laying down fences along highways, and for compensating persons required to maintain, keep up or lay down those fences for any of their increased expenses;
(d) prescribing the height, extent and description of division fences, and for determining how the cost of them is to be apportioned, and for directing that any amount that is apportioned is to be recovered in the same way as a general penalty is recovered under this Act, other than those for which a specific method of collection is prescribed under this Act;
(e) prohibiting or regulating barbed wire, buckthorn and other similar fences along or near streets and highways, and requiring the removal of such fences.
S.M. 1994, c. 15, s. 33.
OVERHANGING SHRUBBERY
When it considers it necessary for the convenient use of a street, the city may enter any land to trim or remove a tree or shrub that is growing on land adjacent to the street, and the city is not liable in damages or for compensation for doing so.
Before entering land under subsection (1), the city shall give at least seven days written notice to the owner, agent of the owner or occupier of the land.
The notice shall set out
(a) the time within which the city will exercise its authority;
(b) a reference to the statutory authority under which the city is proceeding; and
(c) a brief summary of the reason for exercising the authority.
The notice shall be
(a) sent by registered mail or served personally on the owner, agent of the owner or occupier; or
(b) if no owner, agent of the owner or occupier can be located, posted in at least two conspicuous places on the affected land.
No notice required in emergency
A notice is not required to be given under this section in the case of an emergency or apparent danger to a person or to property.
S.M. 1994, c. 15, s. 33.
MOTOR VEHICLE RACE TRACKS
The council may pass by-laws
(a) prescribing construction and operational standards for motor vehicle race tracks, motor vehicle speedways and other similar motor vehicle courses, to protect persons attending them;
(b) requiring the operator of a race track, speedway or course to obtain a licence;
(c) imposing penalties for contravention of the by-law.
S.M. 1994, c. 15, s. 33.
PARKING VEHICLES ON
PRIVATE PROPERTY
Parking vehicles on private property
The council may pass by-laws, which may apply to the whole or any part of the city,
(a) prohibiting a person from parking or leaving a vehicle on private property without the permission of the owner or occupier of the property;
(b) requiring the owner or occupier of private property who wishes to take advantage of a by-law under this section to erect and maintain a clear and legible sign, in a form prescribed in the by-law, indicating that
(i) parking of vehicles on the property is prohibited,
(ii) unauthorized parking of vehicles is prohibited, or
(iii) unauthorized parking during specific periods is prohibited;
(c) providing that the owner and the driver of the vehicle are subject to a penalty imposed for contravention of the by-law;
(d) appointing garage keepers as vehicle pound keepers;
(e) providing for the removal of vehicles parked or left in contravention of a by-law under this section and for their impoundment;
(f) fixing the charges for removing, impounding and storing a vehicle removed under the authority of a by-law under this section;
(g) providing for the release of a vehicle from a vehicle pound on payment of the removal, impoundment and storage charges payable to the pound keeper.
Lien in favour of garage keeper
The charges for removing, impounding and storing a vehicle under this section are a debt owed by the owner of the vehicle, and create a lien in favour of the person removing, impounding or storing the vehicle to the same extent, and in the same manner, as if the debt were incurred under The Garage Keepers Act.
Where
(a) in a prosecution of an owner of a vehicle or any other person for parking or leaving the vehicle contrary to a by-law under subsection (1);
(b) in a prosecution of a person for an offence involving the unlawful removal or impoundment of a vehicle; or
(c) in an action or proceeding brought by the owner of a vehicle to recover the charges for removing, impounding or storing the vehicle;
the justice finds that the removal and impoundment of the vehicle in supposed compliance with a by-law under subsection (1) was not in compliance with the by-law, the justice may order that any charges for removing, impounding or storing the vehicle paid by or on behalf of the owner of the vehicle be refunded to the owner by the person to whom the charges were paid.
S.M. 1994, c. 15, s. 33.
PARKING BY THE PHYSICALLY DISABLED
In this section and in section 425,
"designated parking space" means a parking space, designated by signs or pavement markings as being for the sole use of motor vehicles displaying a permit, and that is located
(a) on a highway,
(b) in a public parking lot or facility, or
(c) in a private parking lot or facility to which the public has access; (« aire de stationnement désignée »)
"motor vehicle" means a motor vehicle as defined in The Highway Traffic Act; (« véhicule automobile »)
"permit" means a physically disabled person's parking permit issued under section 124.3 of The Highway Traffic Act. (« permis »)
By-law required for parking for physically disabled persons
The council shall, by by-law, make it an offence for a person to stop, stand or park a motor vehicle
(a) in a designated parking space; or
(b) in a manner that makes a designated parking space inaccessible;
unless a permit is displayed in the vehicle and is used in accordance with The Highway Traffic Act and the regulations under that Act.
A by-law under subsection (2) shall impose a fine for its contravention which shall be an amount equal to or greater than the maximum fine for any other parking violation imposed by by-law under this Act.
S.M. 1989-90, c. 51, s. 10; S.M. 1994, c. 15, s. 33.
Designated parking spaces for the disabled
The council may pass by-laws requiring owners or operators of parking lots or other parking facilities to which the public has access, whether on payment of a fee or otherwise, to provide designated parking spaces for the use of motor vehicles displaying a permit in accordance with The Highway Traffic Act and the regulations under that Act and for prohibiting the use of such spaces by other vehicles.
A by-law under subsection (1) may
(a) specify the dimensions of designated parking spaces and the number of such spaces to be provided by each owner or operator, and the number of spaces may be based on a proportion of the total number of parking spaces in the parking lot or parking facility; and
(b) specify the requirements for the design, dimensions and location of signs or traffic control devices for designated parking spaces.
S.M. 1994, c. 15, s. 33.
DERELICT VEHICLES
A vehicle is deemed to be a derelict vehicle for the purpose of this section if it is not a new and unused vehicle, and if
(a) it is not in operating condition;
(b) it does not have attached to it one or more number plates issued under The Highway Traffic Act for the current registration year under that Act;
(c) it is kept in the open; and
(d) its owner has either abandoned it or is keeping it primarily to salvage or sell parts from it or to sell it as scrap metal;
and includes the body or chassis of a used motor vehicle all or some of the parts of which have been removed and to which clauses (b), (c), and (d) apply.
Unless the owner of a vehicle establishes the contrary to the satisfaction of the city or to a court if the matter is before the court, an object to which subsection (1) otherwise applies shall be deemed to have been abandoned within the meaning of clause (1)(d) if, for a period of at least one month,
(a) it has been left in the open; and
(b) in the opinion of the city or the court, it has been deserted.
The council may pass by-laws
(a) prohibiting a person from parking or leaving a derelict vehicle on private property with or without the consent of the owner or occupier of the property;
(b) requiring an owner or occupier of private property who wishes to keep derelict vehicles on the property to obtain a licence to do so from the city, and fixing the amount of the licence fee;
(c) providing for the removal from private property of any derelict vehicle parked or left on the property in contravention of a by-law under this section, and providing for the impoundment, storage, destruction or disposal of that vehicle;
(d) fixing the charges for the removal, impoundment, storage, destruction or disposal of a derelict vehicle removed from private property under a by-law under this section;
(e) imposing penalties for contravention of a by-law under this section.
The charges incurred for the removal, impoundment, storage, destruction or disposal of a derelict vehicle removed by the city under a by-law under this section is a debt owed to the city by the owner of the derelict vehicle and the owner of the property from which it was removed, jointly and severally, and may be recovered by the city as a debt in a civil proceeding.
The city is not liable for damages for anything done by it under this section if it satisfies the court that it had reasonable cause to believe that the vehicle in respect of which the action was taken was in fact a derelict vehicle.
S.M. 1991-92, c. 15, s. 14; S.M. 1994, c. 15, s. 33.
UNLICENSED VEHICLES
Operation of unlicensed vehicles
The council may pass by-laws, not inconsistent with The Highway Traffic Act or The Off-Road Vehicles Act, respecting the operation within the city of motorized vehicles not required to be registered under those Acts, including
(a) prescribing the periods of the day, and of the year, during which the vehicles are not to be operated;
(b) prescribing areas in which the vehicles shall not be operated;
(c) prohibiting operators of the vehicles from allowing them to make excessive noise; and
(d) imposing penalties for contravention of the by-law.
S.M. 1994, c. 15, s. 33.
427.1 and 427.2 Repealed.
S.M. 1991-92, c. 24, s. 6; S.M. 1994, c. 15, s. 33.
KEEPING OF BICYCLES
The council may pass by-laws for licensing and regulating the keeping of bicycles, other than new bicycles kept for sale.
S.M. 1994, c. 15, s. 33.
MOSQUITO CONTROL
The city may carry out any work that it considers necessary within the city, or within a distance of 15 miles of the city, to suppress mosquitoes, flies and other insects.
Work that is done by the city under subsection (1) within another municipality may be done only with the consent of the council of the other municipality.
Power to assist other municipalities
The city may donate money to a municipality situated wholly or partly within an area 15 miles from the city to assist in defraying the cost of mosquito control carried out by that municipality, and such a municipality is authorized to carry out mosquito control work or donate sums to the city for that purpose.
The council may pass bylaws requiring owners and occupiers of land to keep eavestroughs and drain pipes free of leaves, rubbish and other obstructions in order to prevent the retention of stagnant water.
The council may pass by-laws for the prevention of mosquito breeding, including by-laws prohibiting or regulating the keeping of receptacles capable of holding rainwater out of doors.
S.M. 1994, c. 15, s. 33.
DUTCH ELM DISEASE
The council may, and when required under The Dutch Elm Disease Act shall, pass by-laws
(a) instituting or respecting the city's participation in programs and measures designed to control and eliminate Dutch Elm Disease, including programs and measures relating to the quarantine, destruction and chemical and other treatment of trees infected or suspected of being infected with Dutch Elm Disease;
(b) authorizing agreements to be made between the city and the government or between the city, the government and one or more municipalities, respecting steps to be taken by the parties to the agreement to further programs and measures of the type described in clause (a).
An agreement made under clause (1)(b) may provide that the costs to implement the agreement are to be apportioned between the parties.
S.M. 1994, c. 15, s. 33.
BUILDING AND STREET NUMBERS AND NAMES
The city may authorize and regulate the numbering of buildings along streets and may require the owners and occupiers of the buildings to affix, and keep affixed, numbers on the buildings.
S.M. 1994, c. 15, s. 33.
Record of streets and building numbers
The city shall keep for public inspection a record of all streets, showing the numbers of the buildings on them, the names and numbers of all multiple dwellings and business blocks, and divisions of the streets with the numbers allotted to each division.
S.M. 1994, c. 15, s. 33.
The council may pass by-laws prohibiting multiple dwellings and business blocks from having identical names or names that are so similar that they are likely to be confusing or misleading.
S.M. 1994, c. 15, s. 33.
CENSUS
The council may pass a by-law for the taking of a census of the residents of all or any part of the city.
S.M. 1994, c. 15, s. 33.
FOOD AND FUEL IN EMERGENCIES
The council may, if it is satisfied that extraordinary measures should be taken to provide food or fuel for the residents of the city, authorize the purchase of any quantities of food and fuel and hold them in reserve or sell them to the residents of the city in the manner, in the quantities, and on the terms and conditions that the council considers just.
For the purpose of subsection (1), the city may buy, lease or otherwise acquire any land, buildings or equipment necessary to store, handle, deliver or otherwise deal with the food or fuel.
S.M. 1994, c. 15, s. 33.
HEALTH AND SANITATION
The council may make any regulations which, in the opinion of the council, are necessary
(a) to promote or improve cleanliness and sanitary conditions in the city;
(b) to prevent any act, practice or thing regarded by the council as injurious to or tending to create conditions adversely affecting public health.
The power to make regulations under subsection (1) shall be deemed to include the power
(a) to prohibit the sale and provide for the seizure and destruction of any article of food which, in the opinion of the health officer, is tainted or unwholesome or does not comply with such regulations;
(b) to provide for the seizure and destruction or other disposition of animals which are found on inspection to be suffering from any disease, or, in the case of animals intended for food, to be otherwise in any condition making them unfit for such use;
(c) to prevent the use of deleterious materials in, or the adulterating of, bread, milk, cream, ice cream and other articles of food, or the use of any colouring matter or preservatives in milk or cream, to prevent any person from selling or having in his possession with intent to sell or offer for sale any food in which such materials have been used or which has been so adulterated, or from having in his possession any such materials intended to be used in milk or cream;
(d) to prevent or restrict, control or regulate the use of drinking or domestic purposes of water from any source other than the city's waterworks system;
(e) to authorize such inspections, analysis and tests of premises, substances or animals as may be deemed necessary for the prevention of unsanitary conditions or the production, sale or use of unwholesome food, or otherwise for the protection of the public health;
(f) to require grounds, yards, vacant lots or real estate to be drained and kept free of ashes, rubbish, brush and undergrowth, and to authorize any servant or agent of the city to enter upon such land for the purpose of removing any such material or growth that may be allowed to continue thereon contrary to by-law;
(g) to establish and regulate a scavenging system under the control of the council, by officers to be appointed by the city, and to provide for the cost of it, either at the expense of the city or of the ratepayers by special local assessment or by both.
Repealed.
Subject to The Public Health Act, the city may pass by-laws
(a) for licensing, inspecting and regulating vendors of milk or cream;
(b) for inspecting cows and regulating their keeping;
(c) for inspecting and regulating the stables and enclosures wherein are kept the cows from which milk or cream is obtained for sale or use in the city, whether such stable or enclosures or such cows are situated or kept within the city or not;
(d) for inspecting and regulating the keeping and methods of carriage of such milk or cream;
(e) for providing for the inspection of cattle brought into the city for sale or otherwise;
(f) for providing that such cattle shall be taken to a designated place or places in the city for such inspection, and that immediate notice of the arrival of such cattle shall be given to the veterinary inspector;
(g) for providing that if such cattle be found to be diseased or unfit for human food they may be forthwith destroyed by the city; and
(h) subject to subsections 524(2) to (7), for suspending, cancelling or revoking a licence.
The term "milk" where used in subsection (1) means milk, including cream and other milk products in fluid form, sold or intended for sale to a person in the city, or to any person wherever situated, who sells or distributes milk in the city.
The city shall have power
(a) to prescribe, for sanitary and other health reasons, the manner and conditions of the production, processing, purchasing, handling, delivery, keeping for sale, selling and distribution of milk, including the condition that cows which are positive reactors to a tuberculin test shall not be used in the production of milk, except under circumstances to be prescribed by by-law;
(b) to prescribe, for sanitary and other health reasons, the terms and conditions on which milk may be received, handled, purchased, stored, delivered, supplied, processed, kept for sale or sold;
(c) to classify, for sanitary and other health reasons, milk producers and distributors or any other person engaged in the milk industry;
(d) to require persons who supply, distribute, process, keep for sale or sell milk, to furnish to the health officer of the city such pertinent information as he reasonably may require from time to time.
Any regulations made under the authority of this section shall be applicable both within and without the city and may be general in their application or may be limited to any person or classes of persons.
The city and any other municipality may enter into an agreement whereby either party will agree to perform for the other such inspection services with respect to dairies and plants producing, processing or distributing milk, as may be specified in the agreement, and whereby the party performing the service will be reimbursed therefor by the other party.
BUILDINGS OR LAND NOT CONFORMING WITH THE PUBLIC HEALTH ACT OR BY-LAW
Definitions
In sections 437.2 to 441.6,
"by-law" means a by-law passed under section 437.2; (« arrêté »)
"health officer" means a medical officer of health or deputy medical officer of health appointed under The Public Health Act; (« médecin hygiéniste »)
"order" means an order issued under section 438; (« ordre » )
"owner" has the same meaning as it has in section 470; (« propriétaire »)
"The Public Health Act" means The Public Health Act and includes regulations made under that Act. (« Loi sur la santé publique »)
S.M. 1991-92, c. 15, s. 15; S.M. 2000, c. 19, s. 2.
By-laws on unsanitary buildings
The council may pass by-laws
(a) for condemning, preventing the occupation of, and closing up, any dwelling reported by the health officer to be in an unsanitary condition;
(b) for imposing a penalty on the owner for permitting the dwelling to be in such a condition and providing for his prosecution;
(c) providing for the imposition of a penalty from day to day, for every day the dwelling is permitted to remain in that condition.
S.M. 1991-92, c. 15, s. 15; S.M. 2000, c. 19, s. 2.
Order by Health Officer
Order to comply with Public Health Act or by-law
If a health officer is satisfied that a building or land does not conform to the requirements of The Public Health Act or a by-law, the officer may issue an order requiring, within a time period specified in the order,
(a) that the owner bring the building or land into conformity with the requirements of that Act or by-law to the satisfaction of the officer; and
(b) that, if the officer considers the land or building unfit for human habitation, it be vacated by any occupant and not occupied until the officer is satisfied that there is compliance with the Act or by-law.
Certain notice and service required if demolition possible
A building that is the subject of an order under section 438 shall not be demolished by the city unless the order
(a) includes notice that the health officer could authorize the city to demolish the building if the order is not complied with; and
(b) is served on the owner of the building personally or by such substitutional service as the Court of Queen's Bench may order on application by the city.
S.M. 1998, c. 37, s. 57; S.M. 2000, c. 19, s. 3.
Repealed.
S.M. 1999, c. 47, s. 3; S.M. 2000, c. 19, s. 3.
Service of orders not relating to demolition
An order, other than an order that is required to be served under section 439, must be served on the owner and, if the order requires an occupant to vacate, on the occupant. The order must be served
(a) personally, or by mail in a manner that provides the city with an acknowledgment of receipt; or
(b) if the person cannot be served by one of the methods described in clause (a) after a reasonable effort has been made, by sending a copy of it to the person's address, as determined in a manner provided by by-law, by facsimile transmission or any other type of mail or communication that provides confirmation of delivery.
An order sent in accordance with clause (1)(b) is deemed to have been properly served on the day it is confirmed to have been delivered.
Appeal
In this section, "committee" means a committee of council designated by council to hear appeals under this section.
441(2) An owner of a building or land may appeal a time period specified in an order issued under clause 438(a) in respect of the building or land by filing an appeal with the committee within 14 days after being served with the order.
Owner or occupant may appeal time for vacating
An owner or occupant of a building or land may appeal the time period that an order issued under clause 438(b) specifies for vacating the building or land by filing an appeal with the committee within time specified for compliance.
Order that is not appealed is final
An order that is not appealed under this section is final.
Stay of action by city to remove occupant or repair
No action may be taken by the city under section 441.1 or 441.2 until an appeal is decided.
The committee may confirm or vary the time period specified in the order. The committee's decision is final and no appeal may be taken in respect of it.
City May Carry Out Requirements of Order
Officer may authorize city to repair or demolish
If an owner does not comply with an order, a health officer may authorize the city to bring the building or land into conformity with the requirements of The Public Health Act or a by-law, which may include, subject to section 439 (requirements re demolition), proceeding with the demolition of a building.
The reasonable costs incurred by the city under subsection (1) and sections 439 and 440 are an amount owing to the city by the owner and may be added to, and collected in the same manner as, taxes on the land.
Removal of occupants from building or land
If an occupant does not comply with an order that requires a building or land to be vacated, a health officer may authorize the city to use reasonable force to remove the occupant from the building or land.
Placarding
Health officer may placard certain buildings or land
A health officer may at any time after making an order under clause 438(b) (building or land unfit for habitation) place placards on the building or land stating that
(a) it is unfit for human habitation; and
(b) occupancy of the building or land is forbidden until it conforms to the requirements of The Public Health Act or by-law.
Offences
Offence to deface or remove placard
A person who defaces or removes a placard placed on a building or land under section 441.3 is guilty of an offence and liable to a penalty under section 149.
Offence re allowing occupancy of building or land
The owner of a building or land who allows it to be occupied after the expiry of the time period specified in the order for vacating the building or land is guilty of an offence and liable to a penalty under section 149.
Filing Order in Land Titles Office
City may file orders against land at L.T.O.
The city may file a certified copy of an order in the Winnipeg Land Titles Office against the land that is the subject of the order.
The order must include
(a) a description of the land that is the subject of the order; and
(b) a statement that the land, or a building on the land, does not comply with The Public Health Act or a by-law.
District registrar to register order
The district registrar shall register the order against the title or abstract of title of the land described in the order.
Subsequent purchasers are deemed served
A person who acquires an interest in land on or after the date on which an order is registered under subsection (3) is deemed to have been personally served with the order on the date of registration.
City to discharge registration upon compliance
Where a health officer determines that an order registered under subsection (3) has been complied with, the city shall register a notice of discharge in the Winnipeg Land Titles Office in the form prescribed under The Real Property Act.
Conflict of Laws
This Act prevails over The Public Health Act
If a conflict exists between a provision of The Public Health Act and sections 438 to 441.5 of this Act, the provision of this Act prevails.
The council may pass by-laws
(a) defining and classifying the term "solid wastes";
(b) establishing and maintaining a system for the collection, removal and disposal of solid wastes and refuse throughout the city,
(i) at the expense of the city or of the owners or occupants of the land in respect of which the service is rendered, or
(ii) at the expense of the city with respect to any defined area or areas, and at the expense of such owners or occupants with respect to any other defined area or areas, or
(iii) at the expense of the city with respect to any defined class or classes of premises and at the expense of such owners or occupants with respect to any other defined class or classes of premises, or
(iv) at the expense of the city with respect to any defined class or classes of solid wastes and refuse and at the expense of such owners or occupants with respect to any other defined class or classes thereof;
(c) requiring the removal and disposal of solid wastes and refuse by the owners or occupants of the land or premises on which it originates, or by any defined class or classes of such owners or occupants, and providing for removal and disposal by the city at the expense of owners or occupants who fail to comply with the by-law;
(d) compelling owners and occupants of land to provide such receptacles at locations and in a manner as may be specified in the by-law for solid wastes and refuse;
(e) providing for the erection and maintaining of such buildings, machinery and plant, including incinerators, as is considered necessary for the collection, removal and disposal of solid wastes and refuse, or the contracting with some person for the collection, removal and disposal by the person of solid wastes, on such terms and conditions as is considered expedient;
(f) prohibiting the handling of or interfering with or removal of solid wastes, or any receptacle therefor, by persons not authorized or required by the by-law to handle or remove it; and
(g) prohibiting the removal of solid wastes from a hotel, boarding house or restaurant, for use as food for swine or other livestock, except under the authority of a permit issued by the medical health officer.
Agreements respecting solid wastes
The city may enter into agreements with any other municipality, a regional waste management authority established under The Regional Waste Management Authorities Act or any person not resident within the city, for the removal or disposal of solid wastes, rubbish, or offensive matter, on the terms and conditions and for the consideration as may be agreed upon by the parties.
S.M. 1993, c. 11, s. 25.
In this Part
"land drainage" means storm, surface, overflow, subsurface, or seepage waters or other drainage from land, but does not include wastewater; (« drainage des terres »)
"land drainage sewer" means a sewer that carries storm water and surface water, street wash and other wash waters or drainage but excludes domestic wastewater and industrial wastes; (« égout de drainage des terres »)
"sewage system" means the sewage disposal system of The City of Winnipeg; (« réseau d'égout »)
"pumping well" means any chamber, manhole, or other structure used for the installation of portable or temporary pumping equipment; (« puits de pompage »)
"sewage" means domestic sewage or commercial or industrial wastes, or any of them; (« eaux d'égouts »)
"sewer" means a pipe or conduit that carries wastewater or land drainage water, or both; (« égout »)
"wastewater" means the spent water of a community from the standpoint of source. It may be a combination of liquid and water carried wastes from residences, commercial buildings, industrial plants and institutions, together with any ground water, surface water and storm water that may be present; (« eaux usées »)
"wastewater system" means collectively, all of the property involved in the operation of a sewer utility. It includes land, structures, equipment and processes required to collect, carry away and treat wastewater and dispose of the effluent; (« réseau d'évacuation des eaux usées »)
"wastewater sewer" means a sewer that carries liquid and water carried wastes from residences, commercial buildings, industrial plants and institutions, together with quantities of ground, storm and surface waters that are not admitted intentionally. (« égout d'eaux usées »)
Subject to the provisions of The Environment Act and The Public Health Act, and regulations under those Acts, council may pass by-laws
(a) authorizing the constructing and maintaining of such sewers, drains and ditches, either within or outside the city, as may be required
(i) to secure the proper drainage of the city and disposal of the wastewater, or
(ii) to control or divert water in any stream or other watercourse;
(b) preventing or restricting, controlling and regulating the discharge into any stream, watercourse, drain, sewer or wastewater system of any deleterious matter, substance or thing, whether liquid or solid, that would be injurious to health, life or property, or injure, pollute or damage any stream, watercourse, drain, sewer, wastewater system;
(c) providing for and regulating and controlling the treatment of any wastewater or other deleterious matter, substance or thing, whether liquid or solid, before it is discharged into any stream, watercourse, drain, sewer or sewer system;
(d) compelling any owner or occupant of land to construct and properly maintain such works as the council considers necessary for the proper treatment of any wastewater or other deleterious matter, substance or thing, whether liquid or solid, before it is discharged into any stream, watercourse, drain, sewer or sewer system and preventing any such discharge where such works have not been so constructed or are not so maintained;
(e) preventing or reducing the flooding of basements or cellars connected with the city sewer system by compelling the owner to install and operate a suitable gate valve or other mechanical device for the purpose of cutting off or controlling the connection between the wastewater system and the cellar or basement;
(f) charging to all persons occupying property connected with the wastewater system of the city a service charge to be determined by the council in such manner as it considers equitable, having regard to the city's portion of the cost of the wastewater system and to the cost of treatment and disposal of wastewater and the services respectively rendered with respect to such properties;
(g) authorizing the constructing, maintaining and operating of wastewater systems;
(h) providing for the cleaning or flushing of streets and regulating the parking of vehicles that might interfere with such cleaning of flushing;
(i) making provision for the proper scavenging of the city, licensing and fixing a schedule of rates to be charged by scavengers;
(j) preventing and controlling the construction of privy vaults, septic tanks, pump out tanks and other private disposal systems, and providing for the keeping of them in a proper state of cleanliness;
(k) charging to all assessed owners of land, whether otherwise exempt from taxation or not, on which privies exist, whether used or not, a fixed sum per privy per year to cover the cost of removing the contents thereof, or the contents of pail receptacles where supplied to the owners, and the actual cost to the city of the receptacles, and the charge shall be added to the tax roll as a special assessment against the land of the owners, and may be recovered in like manner as other taxes that are a lien on land;
(l) prohibiting or restricting, controlling and regulating the placing or depositing of solid wastes or refuse as defined in the by-law on any street or lane or in any park, public place or watercourse and compelling the removal of such solid wastes or refuse by the party so placing or depositing it and the placing of it in the place ordered by the council either inside or outside the city;
(m) providing for the summary removal from any building or other erection or from any lot of refuse as defined in the by-law, or directing that any such refuse shall be removed or otherwise dealt with by the owner, agent, lessee, occupier or other person designated in the by-law;
(n) establishing, regulating, and controlling the use of sanitary land fill sites and inorganic materials disposal grounds owned or used by the city, either within or without its boundaries;
(o) establishing, maintaining and supervising comfort stations;
(p) requiring that premises be put and maintained in a proper sanitary condition and providing penalties for infraction and other means for enforcing the by-law, including forcible removal of occupants and closing of the premises.
Additional powers, rights and immunities of council
For the purposes of carrying out its duties under this Part, the city has all the powers rights and immunities conferred on the Metropolitan Corporation under Part V111 (Sewage Disposal System) of The Metropolitan Winnipeg Act, as contained in Schedule A to this Act, immediately before repeal of that Act and, for the purpose of conferring those powers, rights and immunities on the city, that Act shall, to that extent, be deemed to be in force.
S.M. 1993, c. 2, s. 23.
The city shall have power
(a) to construct, maintain or remove sewers, drains and watercourses and prevent their being encumbered, damaged, interfered with or improperly used, to determine the course of all natural watercourses passing through private property in the city and to regulate all matters concerning the same, whether the watercourses be covered or not, and generally to do any other work necessary or incidental to the drainage of the city;
(b) to construct and maintain any drain, sewer or watercourse in any adjacent municipality for the purpose of providing an outlet for any drainage or sewer system in the city;
(c) to enter on, break up, take and use any land in any municipality adjacent to or in the vicinity of the city for the purpose of diverting surface or other drainage water which would but for the diversion enter the city; subject to the approval of the municipality in which the land is situate and to the payment of compensation to any person or persons who may suffer injury therefrom;
(d) to accept or purchase any land in any other municipality which may be required for preventing any part of the city from being flooded by surface or other waters from such municipality, and to provide an outlet for such waters through any municipality, and to open, make, preserve and improve drains, sewers and watercourses in the land so acquired;
(e) with the consent of the owner or occupier, but subject to section 155, to enter on any premises for the purpose of
(i) blocking any sewer or sewer connection when in the opinion of the designated employee it is advisable that such action be taken to reduce or diminish damage or loss from or incidental to flood;
(ii) inspecting any sewer or sewer connection and any pipe, apparatus, or other thing connected therewith;
(iii) for so long as the designated employee shall deem it advisable, maintaining any sewer-block, apparatus, or other thing placed to block a sewer or sewer connection or used in connection therewith; and
(iv) when in the opinion of the designated employee the blocking of the sewer or sewer connection is no longer required, removing the sewer-block, apparatus, or other thing placed to block a sewer or sewer connection.
Obstruction of drains, watercourses
Where any person, without previously having written authority from the city so to do, deposits or puts into any drain, culvert, natural watercourse or surface watercourse any soil, stones, solid wastes, brush or trees, the city may in writing require that person to remove the soil, stones, solid wastes, brush or trees; and in default of it being so done the city, at the expense of the person in default, may remove the soil, stones, solid wastes, brush or trees and recover the expense thereof by levying the sum against the property of the person who is in default and may recover the sum in like manner as taxes in arrear.
The owner of any premises served by a private sewer connecting with a river or other body of water shall, at his own expense, block the sewer connection to the satisfaction of the designated employees of the city and connect the premises with the sewer system of the city excepting where
(a) in the opinion of the designated employee of the city it is not practicable to connect the premises with the city's sewer; and
(b) the owner has installed such devices as the designated employee of the city deems adequate to protect the premises against flooding and pollution.
For the purpose of recovering a portion of the capital cost of the wastewater system or any part thereof as that cost may exist from time to time, the council may by by-law, impose on any person, firm or corporation applying for a permit to construct or enlarge a building a connection charge or charges payable by a sum of money to the city.
In a by-law passed under this section, council shall set forth
(a) methods of calculating the charges imposed by the by-law, which may vary in accordance with the occupancy, use, size or other characteristic of the building in respect of which the charge is made; and
(b) methods and procedures for collecting the charges imposed by the by-law.
Prohibition of disposal methods
No person shall construct, install, excavate, have, or use any building or other structure, plant, pit, tank, receptacle, or other means, method, or system of receiving, treating, or disposing of wastewater without the approval of the council.
Powers regarding pollution of water
Subject to The Environment Act, the council has general supervision and control, in the city, over all matters concerning the pollution of, or the discharge or drainage of wastewater or waste into, any body of water therein.
S.M. 1989-90, c. 52, s. 7.
Any person who
(a) wilfully or maliciously hinders or interrupts, or causes or procures to be hindered or interrupted, the city or its servants, agents, contractors, or workmen, or any of them, in the exercise of the powers and authorities granted herein as to wastewater or land drainage system or any part thereof; or
(b) wilfully or maliciously destroys, damages, or interferes with the operation of, any part of the city's wastewater or land drainage system; or
(c) introduces into the city's wastewater or land drainage system any thing or matter that causes, or is likely to cause, damage thereto;
is guilty of an offence and liable to a penalty under section 149.
Council may direct installation
Upon the report of the engineer or health officer recommending the same, the council may
(a) direct sewer or waterworks connections to be made between any property, whether occupied, built on or not, or, if recommended as a sanitary necessity, between a building on the property and the sewer or watermain in the street on which the property fronts; or
(b) direct repairs to or reconstruction or replacement of any existing sewer or waterworks connection, and the city may make or construct such connection, or repair, reconstruct or replace any such existing connection.
Subject to subsection (3), the engineer shall certify to the cost of the work, describing the property with respect to which the work was done and the amount of the cost, or such portion as council may decide, if not paid forthwith on completion of the work, may be added to the taxes on the property and collected in the same manner as other taxes assessed against property.
Assumption of costs in certain cases
The city may pass by-laws
(a) providing that the cost, or such portion thereof, as council may decide, of repairing, reconstructing or replacing existing sewer or water connections shall be borne by the city at large; and
(b) fixing the terms and conditions under which the cost, or a portion thereof, of repairing, reconstructing or replacing existing sewer or water connections shall be borne by the city at large.
Upon report of the engineer or the health officer recommending it, the council may direct plumbing, or other sanitary improvements, to be made in any building situated on land fronting on a street where there are sewer and water mains, and may, with or without the consent of the owner, occupant or tenant thereof, enter, make or construct and install such plumbing or other sanitary improvements, or cause it to be done, and the cost of it levied as a local improvement.
After the improvements have been completed, the engineer shall make a certificate as to the cost of the work, stating therein the description of the land whereon such work was done, and shall file such certificate with the assessor and the amount of such cost shall be collected in the same manner and shall be treated in all respects as ordinary taxes due on the land.
PROTECTION OF PERSONS AND PROPERTY
City may establish police department
The city may:
(a) establish a police department and engage such persons and purchase and maintain such things as council considers necessary for the efficient operation of the department;
(b) pass by-laws to regulate the government of the police department, including the conduct and duties of members of the department, for preventing neglect or abuse, and for rendering the department efficient in the discharge of its duties and fixing penalties including dismissal, probation, loss of promotion, reduction in rank or classification with proportionate reduction in pay, fines, additional duty, or deprivation of off-duty time for infraction of the by-laws;
(c) delegate to the chief of police the right to maintain discipline in the department by applying and enforcing the penalties set out in the by-law against members of the department guilty of breaches of duty or discipline or of the requirements of any rules applicable to the members of the police department.
The police department shall consist of a chief of police and such other officers and such constables, assistants and civilians as council may consider necessary from time to time.
Each member of the police department who is to exercise the powers of a peace officer shall, before entering upon the member's duties, take and subscribe to the following oath or affirmation:
I, A.B., do swear (or affirm) that I will well and truly serve Her Majesty the Queen, her heirs and successors according to law in the office of police constable (or as the case may be) for the City of Winnipeg with no favour or affection, malice or ill-will, and that I will to the best of my power cause the peace to be kept and preserved, and will prevent all offences against the persons and properties of Her Majesty's
subjects, and that I will, to the best of my skill and knowledge, discharge all the duties therof faithfully and according to law. So help me God. (Omit the last four words where the person affirms.)
Subject to any by-law or resolution passed by the council, the members of the police department
(a) shall obey all lawful directions and be subject to the orders of the chief of police; and
(b) excepting assistants and civilian employees, are charged with the duty of preserving the peace, the prevention of crime and offences, apprehending offenders and generally with the performance of all duties that by law devolve upon peace officers and have generally all the powers and privileges and are liable to all the duties and responsibilities that belong to constables.
May charge for accident reports
Subject to The Highway Traffic Act, the chief of police may authorize the furnishing to members of the public of copies of accident reports made under The Highway Traffic Act under such circumstances as the chief of police may determine and may fix the fees to be charged therefor and such fees shall be paid to the chief of police and remitted by him to the treasurer.
The chief of police may suspend a member of the department until the next meeting of a committee that council shall appoint to deal with the suspension of a member of the police department; and no member of council shall be a member of the committee.
The committee that is appointed by council under subsection (1) may suspend from office the chief of police or other member of the police department without considering the merits of the matter and may appoint another person to act in his stead during the period of the suspension.
Where the chief of police acts under subsection (1) and the suspension has not been terminated, or where a person is suspended under subsection (2), the committee that is appointed under subsection (1) shall within 60 days, conduct a hearing to consider the merits of the matter at which the chief of police or other member of the police department who was suspended is entitled,
(a) to appear and be heard in person or by counsel, or both, and to give evidence on oath;
(b) to produce witnesses and have them give evidence, and examine them, on oath, subject to their cross examination by any other person; and
(c) to require any person giving evidence to be sworn, and to cross examine him, or have him cross examined by counsel.
In conducting a hearing under subsection (3), the committee appointed under subsection (1) has the powers and privileges of and the protection afforded to commissioners under Part V of The Manitoba Evidence Act.
Any member may administer oath
Any member of the committee that conducts a hearing under subsection (3) may administer the oath to any person authorized or required to give evidence before it.
After a hearing under subsection (3), the committee that conducts the hearing may
(a) extend the period of suspension referred to in subsection (2) for a fixed term; or
(b) terminate the suspension referred to in subsection (2) and reinstate the chief of police or member on such terms and conditions as it considers appropriate; or
(c) subject to section 459, dismiss the chief of police or member; or
(d) impose one or more of the penalties established under subsection 453(1).
Where the committee takes action under subsection (6), it shall forthwith report the action to executive policy committee.
S.M. 1989-90, c. 51, s. 11.
No person to act during suspension
The chief of police or other member of the police department who is suspended under section 456 shall not act as such during the period of suspension.
Neither the chief of police nor any other member of the police department shall be dismissed, except for cause.
Subject to The Law Enforcement Review Act, a committee appointed by council under subsection 456(1) may institute an investigation into the conduct of a member of the police department or into charges of misconduct or wrong-doing made against any member in respect of the performance of the duties of the member, and the committee has the same power to compel the attendance of witnesses and to require them to testify under oath as it has under subsection 456(4).
S.M. 1989-90, c. 51, s. 12.
Where the chief of police or other member of the police department is alleged to have committed an offence contrary to any by-law or regulation passed under subsection 453(1) or is suspended under subsection 456(2), the procedures and penalties established under this Act prevail over those in any collective agreement.
Reward regarding violation of by-law
The city may pass by-laws for providing for the payment, on resolution of the council, of rewards to persons furnishing information leading to the conviction of any person for breach of any by-law.
The council may, when a crime is believed to have been committed in the city, offer and pay a reward for information leading to the discovery, apprehension or conviction of the criminal, or of any person who is suspected to be the criminal.
Meaning of words and expressions
Subject to subsection (2) and except where the context otherwise requires, words and expressions used in this section and section 463 have the same meaning as they have in The Labour Relations Act.
In this section and section 463
"bargaining agent" means the Winnipeg Police Association; (« agent négociateur »)
"members of the police department" means members of the bargaining unit within the police department of the city for which the Winnipeg Police Association is the bargaining agent. (« membres du service de police »)
Except as provided otherwise in this section or section 463, the provisions of The Labour Relations Act respecting collective bargaining apply to collective bargaining between the city and the bargaining agent for members of the police department and where, in any situation, a provision of that Act is inconsistent with or repugnant to a provision of this section or section 463, the provision of this section or section 463, as the case may be, binds the parties involved in the situation and supercedes the provisions of The Labour Relations Act in respect of its application to the situation.
Application for arbitration board
Where the city or the bargaining agent for members of the police department has given notice to the other to commence collective bargaining with a view to the conclusion of a collective agreement, and
(a) three months have elapsed since the notice was given;
(b) any collective agreement in effect between the parties at the time the notice was given has ceased to be in effect; and
(c) the parties have not concluded a new collective agreement;
either or both of the parties may apply, in writing, to the minister to appoint an arbitration board.
Appointment of arbitration board
Where the minister receives an application under subsection (4) to appoint an arbitration board, he may establish an arbitration board to deal with the dispute that has arisen in the collective bargaining, and to formulate a collective agreement or the renewal or revision of an existing or former collective agreement, between the parties.
Except as otherwise provided in this section,
(a) the provisions of The Labour Relations Act respecting the membership of and the appointment of members and a chairperson of a conciliation board apply with such modifications as the circumstances require to and in respect of the membership of and the
appointment of members and the chairperson of an arbitration board under this section except that where the two members of the arbitration board nominated by the parties to the dispute fail or neglect to nominate a third individual to be a member and chairperson of the arbitration board within the time prescribed therefor under subsection 98(4) of The Labour Relations Act, the minister shall report that fact to the Chief Justice of Manitoba who shall select an individual willing and ready to act as a member and chairperson of the arbitration board and shall notify the minister of the individual selected; but
(b) on appointment of an arbitration board under this section, the provisions of The Labour Relations Act respecting the procedures, powers, duties, privileges and awards of an arbitration board appointed under that Act apply to and in respect of the procedures, powers, duties, privileges and awards of an arbitration board appointed under this section.
Where the minister appoints an arbitration board under this section, he shall forthwith deliver to each of the members of the arbitration board a statement of matters referred to the arbitration board consisting of the original proposals and of all counter proposals submitted by each of the parties to the other.
Where the parties agree in writing to eliminate or modify any item in the original proposals or counter proposals, if they notify the minister in writing that they have agreed upon those changes in the terms of reference and furnish him with a copy of the changes agreed upon, the minister shall amend the statement delivered to the arbitration board accordingly, and any award made under this section shall be limited to the matters contained in the statements so amended and delivered.
On being constituted, an arbitration board shall endeavour to bring about a settlement of the dispute between the city and the bargaining agent for members of the police department and to formulate an agreement satisfactory to both parties and, if such an agreement is formulated, on being entered into by the parties, it is a collective agreement under The Labour Relations Act.
Where it is unsuccessful in formulating an agreement satisfactory to both parties, the arbitration board shall make an award setting out its decision as to the manner in which all matters in dispute between the parties shall be settled.
Subject to subsection (12), an arbitration board shall make an award under subsection (10) within 42 days of the date on which the chairperson of the arbitration board is appointed or such longer period as may be agreed to by the parties.
After an arbitration board has made an award, the minister may direct the arbitration board to provide clarification of the award, or a part thereof, and within 10 days of the date on which the minister makes the direction the arbitration board shall make a report to the minister on the matters to be clarified.
An award by an arbitration board under this section is binding on the city and the bargaining agent for the members of the police department and on the members of the police department in the bargaining unit for which the bargaining agent is authorized to carry on collective bargaining and each and all of them shall observe and carry out the award and forthwith give effect to it.
Commencement of agreement or award
Where an arbitration board is established under this section to deal with a dispute that has arisen in the collective bargaining with a view to the conclusion of a collective agreement respecting terms or conditions of employment in any period, the collective agreement when entered into, or an award made under this section has effect on and after the 1st day following the termination of any collective agreement in effect at the time that notice to commence collective bargaining was given by one party to the other whether or not the council has made, or can make, provision for the expenditure in its estimates for that period or any part thereof.
Subject to subsection (16), a collective agreement or an award made under this section remains in effect for the term specified therein.
Continuation of agreement or award
On the termination of the period during which a collective agreement or an award is in effect, it continues in effect until it is replaced by a new collective agreement or a new award, as the case may be.
The city and the bargaining agent for the members of the police department shall each assume its own costs of the arbitration and shall share equally all of the general expenses of the arbitration board including the remuneration of the chairperson and the reasonable and proper expenses incurred by him in connection with the arbitration proceedings.
Amount of remuneration expenses
The remuneration and out-of-pocket expenses of the chairperson and other members of an arbitration board established under this section shall be the same in amount as those of the chairperson and other members of a conciliation board appointed under The Labour Relations Act.
Every person who is summoned by an arbitration board, except a witness summoned at the request of a party, and who attends as a witness, is entitled to an allowance for expenses determined in accordance with the scale for the time being in force with respect to witnesses in civil actions in the Court of Queen's Bench and the allowance paid is part of the general expenses of the arbitration board.
Subject to The Civil Service Act, the minister may provide an arbitration board established under this section with a secretary, stenographer and such other assistance, as to the minister seems necessary for the performance of its duties.
The city shall not declare or cause a lock-out of members of the police department.
No member of the police department of the city shall strike and no bargaining agent for members of the police department shall declare or authorize a strike of members of a police department.
If the city declares or causes a lock-out or locks out members of the police department of the city contrary to this section, it is guilty of an offence and liable to a fine not exceeding $250. for each day that the lock-out continues.
Penalty of municipal officials
Every person, acting for or on behalf of the city, who declares or causes a lock-out of, or locks out members of the police department, is guilty of an offence and is liable to a fine not exceeding $300.
Every bargaining agent that declares or authorizes a strike of members of the police department contrary to this section is guilty of an offence and is liable to a fine not exceeding $250. for each day that the strike continues.
Every officer or representative of a bargaining agent for members of the police department who, contrary to this Act, authorizes or participates in the taking of a strike vote, or who declares or authorizes or participates in a strike, is guilty of an offence and is liable to a fine not exceeding $300.
The city may establish, maintain and regulate
(a) lock-up houses for the detention and imprisonment of persons sentenced to imprisonment for not more than 30 days under a by-law of the city and of persons detained for examination on charges of having committed any offence, and of persons detained for transmission to any common gaol, house of correction, penitentiary or reformatory, either for trial or in the execution of any sentence;
(b) a house of correction or detention or industrial farm within or without the limits of the city for the improvement of persons sentenced to imprisonment under any by-law of the council.
The mayor may call out a posse comitatus to enforce the law within the city if exigencies require it, but only under the same circumstances in which a sheriff may now by law do so.
A building inspector, health officer, fire prevention officer, market superintendent or inspector of licences of the city, or any of their respective assistants, or any police officer, may, at all reasonable times, and with the consent of the owner or occupier, but subject to section 155(1), enter and inspect any premises in which such official, assistant or police officer has reason to believe any by-law of the city is being violated.
Prevention and suppression of fire
The city may pass by-laws
(a) for engaging such officers and fire fighters and purchasing and maintaining such equipment as may be deemed expedient for suppressing and preventing fires and saving lives and property endangered by fire, for providing rewards for persons who distinguish themselves at fires, and generally for maintaining and regulating the fire department;
(b) for the prevention and suppression of fires, including the pulling down of adjacent buildings where necessary to prevent the spreading of fires, and for the preservation of lives and property and the protection of the general public at fires;
(c) for regulating the size and location of lumber and wood piles and other accumulations of flammable material;
(d) for regulating the inspection and cleaning of chimneys and furnaces;
(e) for preventing the setting up of any boiler, steam engine or other apparatus dangerous in causing or contributing to fire without the approval of the council or a designated officer of the city;
(f) for preventing any act, practice or thing or the continuance of any condition likely, in the opinion of the council, to cause or aggravate fires, and for making any other regulations deemed necessary to prevent fires or reduce the danger of damage, injury or loss of life therefrom.
The city may pass by-laws
(a) enabling a designated employee to issue an order addressed to the owner, the owner's agent or the occupier of premises to remedy a condition in the premises that could cause fire or to make the premises conform to city bylaws relating to fire prevention;
(b) providing for occupants to be forcibly removed from the premises and restricting access to the premises until the designated employee is satisfied that the premises conform to city by-laws relating to fire prevention;
(c) containing any other provision that the council considers necessary to carry out the purpose of the by-law.
An order issued under a by-law must be served on the owner, the owner's agent or the occupier
(a) personally, or by mail in a manner that provides the city with an acknowledgment of receipt; or
(b) if the person cannot be served by one of the methods described in clause (a) after a reasonable effort has been made, by sending a copy of it to the person's address, as determined in a manner provided by by-law, by facsimile transmission or any other type of mail or communication that provides confirmation of delivery.
467(1.2.1) An order sent in accordance with clause 1.2(b) is deemed to have been properly served on the day it is confirmed to have been delivered.
If the owner, agent of the owner or occupier does not comply with an order issued under clause 467(1.1)(a), the city may
(a) cause such work to be done as the designated employee considers necessary to make the premises comply with city by-laws relating to fire prevention;
(b) require the cost of the work done to remedy the condition to be paid by the owner or occupier and, in default of payment
(i) recover the cost as a debt in a civil proceeding, or
(ii) add the cost to the taxes on the property, and collect it in the same manner as other taxes assessed against the property.
In exercising the powers contained in subsection (1), the city may by by-law adopt in whole or in part the National Fire Code of Canada or may by by-law adopt the whole or any part of any other fire prevention code that is available to the public in printed form; and on any code or any part of a code being adopted by a by-law, the whole, or the part adopted, shall have force and effect to all intents and purposes as if it had been incorporated verbatim into the by-law.
Printed copy of code to be on file
A printed copy of a fire prevention code adopted in whole or in part by a by-law shall be kept with the by-law on file in the office of the clerk.
S.M. 1997, c. 34, s. 15; S.M. 2000, c. 19, s. 4.
City may file order against land
Where the city has passed a by-law under subsection 467(1.1) and pursuant to the by-law has issued an order respecting premises, the city may file a certified copy of the order in the Winnipeg Land Titles Office against the land that is the subject of the order.
The order shall include
(a) a description of the land and the premises which are the subject of the order; and
(b) a statement that the premises do not comply with the by-law passed under subsection 467(1.1).
District registrar shall register order
The district registrar shall register the order against the title or abstract of title of the land described in the order.
Subsequent purchasers deemed served
A person who acquires an interest in land on or after the date on which an order is registered against it under subsection (3) is deemed to have been personally served with the order on the date of registration.
City shall discharge registration upon compliance
Where the city determines that an order registered under subsection (3) has been complied with, the city shall file a notice of discharge in the Winnipeg Land Titles Office in the form prescribed under The Real Property Act.
Agreements regarding fire fighting
The city may enter into agreements with Canada, the province of Manitoba, other municipalities or any person not resident within the city for the furnishing of fire fighting services on such terms and conditions, and for such consideration, as may be agreed upon by the parties.
General powers and duties of city
Notwithstanding section 62, the city may do everything that, in the opinion of council, is possible, practicable, and within the means of the city, to reduce the consequences to persons and property within the city of flood or other disaster and to provide continuity of local government, and without restricting the generality of the foregoing, the city may, insofar as the council deems it to be reasonable, practicable, and within the means of the city, plan, organize, take defensive or precautionary measures, including the strengthening of buildings and the construction and repair of dykes, and provide fire fighting, first aid and evacuation services, and repair and restore public services and train personnel for any one or more of those things.
Appointment of director and staff
The city, for the purpose of carrying out the provisions of this section, may appoint, and pay the salaries of, a director and such other officers and employees as it sees fit.
For the purposes of The Emergency Measures Act the city is deemed to be a municipality and in addition to the powers in subsection (1), the city shall have all the powers of a municipality under The Emergency Measures Act.
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