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REPEALED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 |
BUILDING STANDARDS
In sections 470 to 481.1,
"building permit" means a permit issued under a by-law passed under section 472 for the construction of a building or part of a building; (« permis de construction »)
"commission" means the Winnipeg Building Commission established under section 479; (« commission »)
"construction" includes
(a) excavating, removing, filling or back-filling for the purpose of preparing a site in respect of a building or a proposed building,
(b) building, extending, enlarging or placing a building,
(c) altering, repairing, reconstructing an existing building,
(d) moving a building from one site to another site,
(e) underpinning the foundation of an existing building,
(f) installing equipment in a building, and
(g) such other work in respect of a building as council specifies by by-law; (« construction »)
"demolition" includes removing equipment or fixtures, in whole or in part, dismantling, and such other work in respect of a building as council specifies by by-law; (« démolition »)
"demolition permit" means a permit issued under a by-law passed under section 472 for the demolition of a building or part of a building; (« permis de démolition »)
"equipment" includes plumbing pipes and electrical wiring, fire alarm, sprinkler, air conditioning and other services, meters, appliances, devices, machines or apparatuses, and fixtures and installations related to any of them; (« équipement »)
"occupancy permit" means a permit issued under a by-law passed under section 472 for the occupancy of a building or part of a building; (« permis d'occupation »)
"owner" means a person, or the agent of a person, who owns, manages or is in possession of land or a building, or who is in receipt of the whole or a part of any rents or profits therefrom, whether the rents and profits are received on the person's own account, or as agent or trustee for another person; (« propriétaire »)
"plan", when used in respect of construction, includes specifications and a description that is drawn or written. (« plan »)
S.M. 1991-92, c. 15, s. 16.
By-laws to adopt building standards
Council may pass by-laws not inconsistent with an Act of the Legislature or a regulation made under an Act of the Legislature, to prescribe, regulate and enforce standards for buildings, building materials and equipment.
S.M. 1989-90, c. 52, s. 7; S.M. 1991-92, c. 15, s. 16.
By-laws on permits to construct, demolish, occupy
Council may pass by-laws
(a) respecting the issuance and cancellation of permits for the construction and the occupancy of a building, or part of a building, and to specify the duration of permits;
(b) setting fees, or a method for computing fees, to be paid for permits, including additional fees where incorrect information is provided on an application for a permit, or where construction is commenced without a permit, and specifying the method of enforcing payment of fees;
(c) prohibiting and preventing the construction, occupancy or demolition of a building, or any part of a building, or a change in the use of a building, except in conformity with by-laws and with plans for the building that are filed with the designated employee, and except as authorized by a permit;
(d) respecting the issuance and cancellation of permits for the demolition of a building or part of a building, subject to any conditions prescribed by council;
(e) requiring an applicant for a building permit to designate the purpose for which the building is to be used, and regulating or prohibiting the use of the building for any other purpose;
(f) prohibiting the issuance of a permit in respect of equipment or construction that does not comply with a by-law, or with an Act or regulation of the province or of Canada;
(g) establishing requirements and procedure in respect of the hearing of objections by a committee of council designated by council under section 480.
No person shall begin or carry on any construction or demolition without a permit for the purpose obtained in accordance with by-laws.
S.M. 1989-90, c. 52, s. 7; S.M. 1991-92, c. 15, s. 16; S.M. 1998, c. 37, s. 59.
Powers of council respecting buildings
Council may pass by-laws
(a) to regulate the construction, occupancy and demolition of buildings;
(b) to classify buildings according to use, capacity, location, number of storeys, or on any other basis that council considers advisable, and to regulate each class of buildings as council considers advisable;
(c) to require an owner, architect, engineer, contractor or builder, or an agent of any of them, who contracts for, performs or supervises construction, or provides an approval or certification under this Part, to give in writing, over his or her signature if so required by the designated employee, all information within his or her knowledge or power to obtain in respect of the cost of the construction;
(d) to authorize inspections and tests that are considered necessary by the designated employee in the enforcement of a by-law, and to require the production of a plan and other information respecting a building that is constructed or proposed to be constructed;
(e) to charge fees for inspections and tests, whether made by an officer or employee of the city or some other person or body on the instructions of the city, including additional fees where more than one inspection is required, or where work that is required by an inspector is not done in accordance with a by-law, and to require payment of fees in advance;
(f) without affecting any other remedy that the city may have, to prevent the use or occupancy of a building that does not comply with a by-law or that in the opinion of a designated employee is constructed in contravention of a by-law;
(g) to provide that a part of a building or a detail of construction that is not dealt with in a by-law shall require the approval of the designated employee;
(h) to authorize the designated employee to modify or vary a requirement in a by-law, other than a by-law referred to in section 479 where, in the opinion of the designated employee, a modification or variation will allow substantial compliance with the by-law;
(i) to provide that no building shall be, or continue to be, put to certain uses unless alterations are made to it, or equipment installed in it, as required by by-law;
(j) to require, and to carry out, the removal from any premises of unsafe electrical or other equipment, and to provide for its disposal;
(k) to require the owner of a building to comply within a reasonable time with a written notice given by the designated employee to bring the building into conformity with a by-law passed under this Part, as specified in the notice; and to provide that the omission to give notice does not prevent an owner or other person from prosecution for contravening or failing to comply with the by-law;
(l) to prohibit the repair or alteration of a building where, in the opinion of the designated employee, the building is dilapidated or damaged to an extent that it cannot reasonably be made to comply with the building standards of the city by repair or alteration;
(m) to prohibit the demolition or removal of a building that is situated on land on which there are arrears of taxes, or that is sold for taxes and not redeemed, without the prior approval of council, and subject to any condition set by council;
(n) to authorize the complete or partial demolition or removal, at the expense of the owner, of a building that in the opinion of the designated employee is constructed in contravention of a by-law, and to provide that the cost thereof, as certified by the designated employee, be added to the taxes on the land occupied by the building and collected in the same manner as other taxes;
(o) to set out requirements respecting plans for construction and demolition;
(p) to require that plans be prepared and affixed with a seal, that the construction to which the plans relate be inspected, by an engineer or architect entitled to practice in the province, and that the engineer or architect certify that the construction complies with by-laws and the approved plans, and that materials used for the construction comply with by-laws;
(q) to designate employees of the city to administer and enforce the by-laws.
By-laws on equipment and materials
Subject to subsection (3), The Electricians' Licence Act and The Manitoba Hydro Act, council may, with respect to equipment installed on or in buildings, pass by-laws
(a) respecting the regulation and inspection of electrical generators and motors, and of wires and equipment that conduct electric current for heat, light, power or other purposes;
(b) prescribing methods, conditions and equipment for the safety of workers, property and the public;
(c) prohibiting the use of materials or methods of installation and construction that are or may be unsafe or dangerous;
(d) prohibiting the installation or use of equipment that is or may be unsafe, and respecting the disconnection or removal of such equipment;
(e) prescribing fees to be paid by the owner of premises that are inspected;
(f) charging the cost of an inspection to the owner or user of an item that is inspected;
(g) classifying, regulating and licensing persons who are engaged in any work of construction, including electrical and plumbing contractors;
(h) prescribing the qualifications of persons to whom clause (g) applies;
(i) requiring a bond from a person to whom clause (g) applies, for the performance of the work in a safe and thorough manner and in compliance with Acts of the Legislature and by-laws;
(j) regulating and prohibiting the installation and operation of generating systems for light, heat, power or other purposes, and of works and equipment connected to generating systems;
(k) prohibiting the use of materials and of methods of installation, storage, construction or operation that council considers injurious, or potentially injurious, to health or safety;
(l) respecting the inspection of the systems, equipment, conditions, materials, and methods to which reference is made in clauses (b), (j) and (k).
Exception for certain electrical inspections
Notwithstanding The Electrician's Licence Act, council may pass by-laws authorizing electrical inspections of one or two family dwellings, row housing and related structures and equipment by an inspector who holds
(a) an electrician's journeyman licence;
(b) a journeyman's certificate in another related trade; or
(c) other qualifications acceptable to the city.
S.M. 1991-92, c. 15, s. 16; S.M. 1997, c. 34, s. 16.
By-law on buildings conservation list
Council may pass by-laws establishing a list of buildings that council considers to be of special architectural or historic interest, and respecting
(a) criteria and procedure for determining whether a building should be added to the list;
(b) limits on the construction, demolition or occupancy of a building on the list;
(c) the issuance of permits, including any terms and conditions, and the cancellation of permits, in respect of the construction, demolition or occupancy of a building or any part of a building on the list; and
(d) criteria and procedure for the removal of a building from the list.
By-law re grants and tax credits
474(2) The council may by by-law establish a program of grants or tax credits to encourage and assist in the renovation of buildings listed in a by-law under subsection (1).
A by-law under subsection (2) may, without limiting the generality of that subsection,
(a) specify the taxes against which there may be a tax credit;
(b) determine the types of renovations and costs associated with renovations that are eligible for a grant or tax credit;
(c) impose terms and conditions on the entitlement to a tax credit or grant;
(d) provide for the amount, or means of determining the amount, of a grant or tax credit;
(e) establish a maximum annual grant or tax credit for each building;
(f) fix the period of time during which a tax credit may be applied to taxes or a grant may be paid;
(g) make provision for any other matter that council considers necessary or advisable.
S.M. 1989-90, c. 51, s. 13; S.M. 1991-92, c. 15, s. 16; S.M. 1995, c. 20, s. 4.
PLAN EXAMINATION
Approval by designated employee
The city shall cause the plans for any construction or demolition to be examined by the designated employee to determine whether the plans are in accordance with by-laws; and a permit shall not be issued for construction or demolition unless the plans for it are approved by the designated employee.
Matters to which examination relates
The examination required under subsection (1) shall relate to the materials and methods to be used, and the work to be done, in the construction or demolition.
S.M. 1991-92, c. 15, s. 16.
CONFIDENTIALITY OF INFORMATION
Employees not to divulge information
Subject to subsection (2), information that is furnished under clause 473(1)(c) shall be treated as confidential by the designated employee and persons who are employed by the city, and the information shall not be divulged to a person who is not employed by the city except to give evidence in court in a proceeding to recover fees or charges owing to the city under this Part.
Information on permit that may be given
Nothing in subsection (1) prohibits the designated employee from providing information, to a person who requests it, on the number of a permit that is issued under this Part, its date of issue, a description of the land and the proposed construction, the name and address of the owner and builder, the total estimated cost of the construction, and any name given to the project by the person who applies for the permit.
Report of offence to associations
Notwithstanding subsections (1) and (2), where the designated employee believes on reasonable grounds, after an inspection of a plan or other information provided under this Part, that an offence has been committed under The Engineering and Geoscientific Professions Act or The Architects Act, he or she may bring the information to the attention of the Association of Professional Engineers and Geoscientists of the Province of Manitoba or The Manitoba Association of Architects.
Information to be given on request
Where the Association of Professional Engineers and Geoscientists of the Province of Manitoba or The Manitoba Association of Architects commences an investigation of any work that a professional engineer, professional geoscientist or architect submits to the city under this Part, the city shall make the work available to the association on its request.
No action against city or employees
No action lies against the city, or an agent or employee of the city, for providing information under subsection (3) or (4).
S.M. 1991-92, c. 15, s. 16; S.M. 1998, c. 55, s. 74.
DANGEROUS BUILDINGS AND SITES
By-law on unsafe buildings and properties
Council may pass a by-law providing that where, in the opinion of the designated employee, a building or property is in a dangerous condition in that
(a) in the case of a building, it is liable to fall, be set on fire, cause an explosion, or cause damage to property or injury to a person; or
(b) in the case of a well, excavation or opening, it is not properly covered or guarded, or is in such condition as to be a trap for persons or animals;
the employee may issue an order requiring the owner to put the building or property in a safe condition to the satisfaction of the employee, and within a time period specified in the order.
Certain notice and service required if demolition possible
A building that is the subject of an order under subsection (1) shall not be demolished by the city unless the order
(a) includes notice that the building could be demolished 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.
Service of orders not relating to demolition
An order, other than an order that is required to be served under subsection (2), must be served on the owner and, if the order requires an occupant to vacate, the occupant,
(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 (2.1)(b) is deemed to have been properly served on the day it is confirmed to have been delivered.
Notwithstanding any other remedy that the city has when an owner contravenes or fails to comply with an order issued under subsection (1), the designated employee may, in the case of a building, cause it to be demolished, removed or put in a safe condition and, in the case of a well, excavation or opening, to have it covered, guarded or put in a safe condition, as the designated employee considers expedient and necessary.
Action when dangerous condition is an emergency
Despite subsections (1) to (2.1), if the designated employee considers that the dangerous condition of a building or property constitutes an emergency, the city may immediately take any action necessary to eliminate the emergency, which may include a remedy referred to in subsection (3) and the use of reasonable force to remove any occupant, without issuing or serving an order.
The reasonable costs incurred by the city under this section are an amount owing to the city by the owner of the building or property and may be added to, and collected in the same manner as, taxes on the land.
Revenue from sale of materials
Where, under subsection (3) the designated employee causes a building to be demolished, the city may sell the materials, fixtures and salvage from the building and apply the money received to paying the cost of demolition; and any balance shall be applied to any taxes owing to the city in respect of the property, after which any balance shall be paid to any mortgagees, encumbrancers, and lien holders in the order of their priority, and any balance shall be paid to the owner of the property.
S.M. 1991-92, c. 15, s. 16; S.M. 2000, c. 19, s. 5.
APPEARANCE OF BUILDINGS
By-law to prohibit certain buildings
Council may by by-law prohibit the construction of a building on a site where the building would, in the opinion of the designated employee, vary in appearance from other buildings in the area to such an extent as to decrease the desirability of land in the immediate area for building purposes.
S.M. 1989-90, c. 52. s. 7; S.M. 1991-92, c. 15, s. 16.
WINNIPEG BUILDING COMMISSION
By-law to establish commission
Council may by by-law establish a commission to be known as the "Winnipeg Building Commission" to exercise, in whole or in part, as determined by by-law, the powers set out in this section; and council may make rules governing the commission.
Powers respecting existing buildings
Notwithstanding the provisions of this Act, or the provisions of a by-law passed under this Act, the commission may, on application by any person or on its own motion, consider the case of an existing building that is affected by a by-law continued in force under subsection 674(3) or passed under this Act, under which an alteration to the building, or the installation of equipment in the building, is or might be required, and shall decide, subject to The Buildings and Mobile Homes Act, whether the alteration shall be made or the equipment installed.
New methods and materials for new buildings
Council may empower the commission to consider the construction or proposed construction of a new building or new buildings affected by a by-law referred to in subsection (2) and, if the majority of the commission considers it expedient, owing to the proposed use of new methods or materials in the construction, the commission may, subject to The Buildings and Mobile Homes Act, modify or vary the requirements of the by-law in respect of the building or buildings.
Council may by by-law prescribe remuneration for a member of the commission who is not a member of council.
S.M. 1991-92, c. 15, s. 16.
OBJECTION
Decision of designated employee or commission
A person who is aggrieved by an order or decision of the commission or the designated employee in respect of the issuance, cancellation or refusal of a permit, or the prohibition of the construction, occupation, demolition or removal of a building, may file an objection to the order or decision with the committee of council designated by council in accordance with this section and a by-law passed under section 472.
On hearing an objection, the committee of council designated by council may, subject to The Buildings and Mobile Homes Act, make such order as it considers fair and just.
A person affected by a decision of the committee of council designated by council under subsection (2) may, within 30 days of the making of the decision, appeal the decision to a judge of the Court of Queen's Bench on a question of law.
S.M. 1991-92, c. 15, s. 16; S.M. 1998, c. 37, s. 60.
TEMPORARY BUILDINGS
Council may pass a by-law in respect of an agreement between the city and the owner of land whereby the owner is permitted to construct a temporary building on the land and use it for a designated purpose and for a specified period of time, on condition that the owner removes the building before the expiration of the specified period, and on such other conditions as the designated employee approves or the city specifies.
The city may enforce an agreement made under subsection (1) and any bond or covenant given to guarantee its performance.
S.M. 1991-92, c. 15, s. 16.
STREET LEVELS
Claim for change in street level
A person who constructs a building that is on or contiguous to an established or contemplated street, without first obtaining from the city the level and line of the street, forfeits any claim for damages or compensation for any damage to the property when the level or line is determined by the city.
S.M. 1991-92, c. 15, s. 16.
STANDARDS OF MAINTENANCE AND OCCUPANCY
In sections 482 to 493,
"dwelling" means a building or mobile home that is used or capable of being used in whole or in part as a residence, and includes the land appurtenant to the building or mobile home, and any outbuilding or fence on the land; (« habitation »)
"dwelling unit" includes one or more rooms located in a dwelling and used or intended to be used as a residence; (« local d'habitation »)
"mobile home" has the same meaning as it has under The Buildings and Mobile Homes Act; (« maison mobile »)
"non-residential building" means a building, or part of a building, that is not occupied in whole or in part as a residence, and includes the land appurtenant to the building, and any outbuilding and fence on the land; (« bâtiment non résidentiel »)
"order" means an order to repair, demolish, or vacate a dwelling or non-residential building under this Part, or under a by-law passed under section 483; (« ordre »)
"owner" includes a person
(a) who for the time being manages or receives rent from a dwelling or non-residential building, whether on his or her own account or as agent or trustee of another person, or
(b) who is a vendor of a dwelling or non-residential building under an agreement for sale and pays taxes on the land or building after the effective date of the agreement, or receives instalments of the purchase price under the agreement, whether on his or her own account or as agent or trustee for another person; (« propriétaire »)
"repair" means the action necessary to bring a dwelling or non-residential building into compliance with standards; (« réparation »)
"standards" means the maintenance, use and occupancy standards prescribed by a by-law passed under section 483. (« normes »)
S.M. 1991-92, c. 15, s. 16.
Council may pass by-laws
(a) establishing standards, and degrees of non-conformance, respecting the occupancy, use and maintenance, including maintenance of exteriors, of dwellings and non-residential buildings or classes thereof;
(b) requiring the owner of a dwelling or non-residential building, or an occupant thereof, to the extent that the occupant is responsible by a lease or agreement, to maintain it in accordance with standards or to repair or demolish it, in whole or in part;
(c) prohibiting the occupancy or use of dwellings or non-residential buildings that do not conform to standards;
(d) establishing a system to regulate the condition and maintenance of vacant dwellings or non-residential buildings, or classes of them, which may include provisions respecting
(i) the manner in which the dwellings or buildings must be secured by owners or, on default, may be secured by the city,
(ii) inspections by the city of the condition of the dwellings or buildings, including their interior condition, and
(iii) the length of time that dwellings or buildings may remain boarded up;
(e) fixing penalties or a schedule of penalties against the owners of dwellings or non-residential buildings that do not conform to standards;
(f) fixing periods of time, and the circumstances in which they may be extended, for the repair of a dwelling or non-residential building;
(g) designating employees of the city to administer and enforce the by-laws;
(h) authorizing such forms, applications, notices and placards, and the posting or mailing thereof, as council considers necessary and advisable for the purpose of the by-laws;
(i) prohibiting the removal or defacement of a placard;
(j) respecting information to be contained in an order and any attachment to an order;
(k) respecting the service of any document that is required to be served under the by-laws.
S.M. 1991-92, c. 15, s. 15 and 16; S.M. 2000, c. 19, s. 6.
Where, in any proceeding relating to the enforcement of a by-law passed under clause 483(d), there is evidence that a building was boarded up on two separate dates, the onus is on the owner to prove that the building was not continuously boarded up between those dates.
ORDERS BY DESIGNATED EMPLOYEE
Where, after an inspection, the designated employee believes on reasonable grounds that a dwelling or non-residential building does not conform with standards, the designated employee may make an order in accordance with by-laws passed under section 483; and the order shall be served in accordance with section 490.
S.M. 1991-92, c. 15, s. 16.
Where the owner of a dwelling or non-residential building fails to repair or demolish a dwelling or non-residential building in accordance with an order, the designated employee may make an order requiring that the dwelling or non-residential building be vacated and may prohibit its use or occupancy until it is repaired or demolished in accordance with the first order.
An order shall not be made under subsection (1) in respect of a dwelling unless the designated employee is satisfied that accommodation is available in the city for occupants of the dwelling.
S.M. 1991-92, c. 15, s. 16 and 23; S.M. 2000, c. 19, s. 8.
OBJECTION TO ORDER
An owner who is served an order made under section 484 or 485, or a person authorized in writing by the owner, may object to the order in accordance with section 480, which applies with necessary modifications.
S.M. 1991-92, c. 15, s. 16 and 23.
REPAIR OR DEMOLITION BY CITY
If the owner of a dwelling or non-residential building fails to repair or demolish it in accordance with an order, an officer, employee or agent of the city may, after notice is served on the owner and any occupant in accordance with section 490, enter and repair or demolish all or any part of the dwelling or non-residential building, and in so acting do any work on adjoining land or buildings that is necessitated by the repair or demolition.
For the purpose of subsection (1), an officer, employee or agent of the city may enter any adjoining land or building after reasonable notice is given to the registered owner and any occupant thereof.
Payment of rent where city repairs
Where the city proceeds under subsection (1) to make repairs to a dwelling or non-residential building that is occupied by a tenant, the city may serve the tenant with a notice in writing requiring the tenant to pay the rent to the city as it comes due, to the amount of the lien of the city; and payment by the tenant to the city has the same effect as if the rent were so paid at the direction of the owner of the dwelling or non-residential building.
S.M. 1991-92, c. 15, s. 16 and 23; S.M. 2000, c. 19, s. 9.
RECEIVER
Application to court for receiver
Where the owner of a dwelling or non-residential building contravenes or fails to comply with an order, the city may, in addition to any other remedy or penalty provided under this Act, apply to the Court of Queen's Bench for the appointment of a receiver of any rents and profits issuing from the dwelling or non-residential building.
At least one month before making an application under subsection (1), notice of the city's intention to apply for the appointment of a receiver shall be served by registered mail addressed to the owner and any other person whose name appears on the title or abstract of title for the land on which the dwelling or non-residential building is located, and the notice shall indicate the grounds on which the city intends to rely in support of the application.
On an application under subsection (1), the Court of Queen's Bench may appoint a receiver if it appears to the court to be just and convenient to do so, and any such order may be made on such terms and conditions as the court considers just.
A receiver appointed under subsection (3), shall forthwith remove any fire hazard or threat to health or safety in respect of the dwelling or non-residential building and, during the time of the receivership, shall repair and maintain it in accordance with standards, and may make any improvements that he or she considers advisable and the court approves.
Notwithstanding subsection 487(3), after a receiver is appointed, rent accruing due from a tenant of the dwelling or non-residential building shall be paid to the receiver.
A receiver appointed under this section shall register a notice in the Winnipeg Land Titles Office giving notice of the appointment and setting out the legal description of the land on which the dwelling or non-residential building is located; and on being discharged as receiver by the court, the receiver shall register a notice of discharge, in the form prescribed under The Real Property Act.
When a notice of appointment is registered under subsection (6), the district registrar shall make an entry of the registration on the title or abstract of title for the land described in the notice, and the city shall send notice of the registration to an owner or claimant whose name appears on the register of the Winnipeg Land Titles Office.
S.M. 1991-92, c. 15, s. 16 and 23.; S.M. 2000, c. 19, s. 10 LIMITATION
Repealed, S.M. 2000, c. 19, s. 11.
A person charged with contravening or failing to comply with an order made under this Part may raise as a defence that the dwelling or non-residential building complied with standards at the time the order was made, and if the justice is satisfied that the dwelling or non-residential building then complied with standards, the justice shall acquit the person.
Disposition of interest is not defence
A person charged with contravening or failing to comply with an order made under this Part in respect of a dwelling or non-residential building may not raise as a defence that he or she is no longer the owner thereof.
S.M. 1991-92, c. 15, s. 16 and 23; S.M. 2000, c. 19, s. 11.
SERVICE OF ORDERS
Certain notice and service required if demolition possible
A building that is the subject of an order issued under section 484 shall not be demolished by the city unless the order
(a) includes notice that the building could be demolished 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.
Service of orders not relating to demolition
An order issued under section 484 or 485, other than an order that is required to be served under subsection (1), 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; and
(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 (2)(b) is deemed to have been properly served on the day it is confirmed to have been delivered.
S.M. 1991-92, c. 15, s. 16 and 23; S.M. 2000, c. 19, s. 12.
REGISTRATION OF NOTICES OR ORDERS AGAINST LAND
City may file notices or orders against land
Where the city has issued a notice or order under clause 473(1)(k) or section 477, 484 or 485 respecting a building, the city may file a certified copy of the notice or order in the Winnipeg Land Titles Office against the land that is the subject of the notice or order.
The notice or order shall include
(a) a description of the building, and the land that is the subject of the notice or order; and
(b) a statement that the building, does not comply with this Act or a by-law made under this Act.
District registrar shall register notice or order
The district registrar shall register the notice or order against the title or abstract of title of the land described in the notice or order.
Subsequent purchasers deemed served
A person who acquires an interest in land on or after the date on which a notice or order is registered against it under subsection (3) is deemed to have been personally served with the notice or order on the date of registration.
City shall discharge registration upon compliance
Where the city determines that a notice or order registered under subsection (3) has been complied with, the city shall file a notice of discharge of the notice or order in the Winnipeg Land Titles Office in the form prescribed under The Real Property Act.
LOANS AND GRANTS
The city may make loans or grants, or both, in amounts and on terms that council considers advisable,
(a) to bring dwellings and non-residential buildings into compliance with standards;
(b) to improve dwellings beyond standards;
(c) to convert buildings into dwelling units.
Repayment of loan and interest
Council shall determine the manner in which loans shall be repaid, including interest, and may fix an amount of interest or a rate of interest below the rate at which the city is able to borrow money.
S.M. 1989-90, c. 52, s. 10; S.M. 1991-92, c. 15, s. 16 and 23.
RECOVERY OF MONEY
Where the city makes an expenditure in respect of action taken under section 487 or a loan made under section 491, the city has a lien on the dwelling or non-residential premises in respect of which the action is taken or loan is made in the amount of the expenditure or loan, with interest at a rate fixed by council.
Expenditure to be added to taxes
The amount of an expenditure by the city under section 487, with interest, is repayable by the owner of the dwelling or non-residential building over a period of time set by council, and may be added to the taxes on the dwelling or non-residential building, or on the land on which it is located, and collected in the same manner as other taxes.
Registration of charge in L.T.O.
A certificate of the clerk of the city setting out an amount spent under section 487 or loaned under section 491, and interest, with a description of the land occupied by the dwelling or non-residential building, shall be registered in the Winnipeg Land Titles Office and the district registrar shall make an entry of the registration on the title or abstract of title for the land.
On repayment to the city of an amount referred to in subsection (1), the city shall register a notice of discharge in the Winnipeg Land Titles Office in the form prescribed under The Real Property Act and, on application of the owner, the clerk of the city shall provide a certificate of repayment to the owner.
S.M. 1991-92, c. 15, s. 16 and 23.
RIGHT OF ENTRY
Subject to section 155 (warrants), the designated employee or any other officer, employee or agent of the city appointed and authorized for the purpose may, at all reasonable times, with the consent of the owner or occupier, and on displaying an identification card, enter a building or upon any land in the city for the purpose of
(a) reading a meter, or inspecting equipment;
(b) examining the building to determine whether there is compliance with this Part or a by-law passed under this Part;
(c) inspecting a building, well, excavation or opening that is or might be in an unsafe or dangerous condition; or
(d) administering and enforcing this Part or a by-law passed under this Part.
S.M. 1991-92, c. 15, s. 16 and 23.
LIABILITY
Liability of city for negligence
The city and its employees and agents are not liable for any loss or damage to a person by reason of anything done in the exercise of powers under this Part, except where the loss or damage is the result of the negligence of the city or its employees or agents.
S.M. 1991-92, c. 15, s. 16.
WATERWAYS
In this Part,
"building permit" has the same meaning as it has under Part 15; (« permis de construction »)
"construct" and "construction" have the same meanings as they have under Part 15; (« construction »)
"designated floodway area" means an area designated as such under the regulations; (« zone désignée du canal de dérivation »)
"designated floodway fringe area" means an area designated as such under the regulations; (« zone limite désignée du canal de dérivation »)
"floodproofing criteria" means the floodproofing criteria established under the regulations; (« critères de prévention des inondations »)
"occupancy permit" has the same meaning as it has under Part 15; (« permis d'occupation »)
"owner" has the same meaning as it has under section 470; (« propriétaire »)
"regulated area" means an area designated by council under section 494.1(1); (« zone réglementée »)
"regulations" means regulations made under section 494.51; (« règlements »)
"waterway" means a river, stream, creek, canal, drainage ditch, water channel and other watercourse within the city, whether natural, constructed or altered, and includes the frozen surface and bed of a waterway; (« cours d'eau »)
"waterway permit" means a permit issued under a by-law passed under subsection 494.1(2). (« permis de construction spécial »)
S.M. 1991-92, c. 15, s. 16, 17 and 23.
REGULATED AREAS
Council may by by-law designate a waterway, or a portion of a waterway, and adjacent land as a regulated area.
Council may pass by-laws in respect of a regulated area, or part of a regulated area,
(a) providing for the issuance, renewal and cancellation of permits for a purpose referred to in subsection 494.2(2);
(b) regulating or prohibiting
(i) the deposit, removal, alteration or disturbance of materials, including specifying or describing materials that may or may not be deposited,
(ii) the construction, demolition or occupancy of a building,
(iii) methods of stabilizing land,
(iv) methods of controlling surface or subsurface drainage,
(v) the diversion of a waterway or alteration of a channel of a waterway,
(vi) such other activity or thing as council considers necessary to maintain and improve drainage and the stability of banks, and to ensure water flow;
(c) repealed, S.M. 1992, c. 37, s. 8.
(d) respecting the form of an application, permit, order or other document that council considers necessary;
(e) prescribing the information to be submitted by an applicant in support of an application for a permit;
(f) prescribing work that is exempt from section 494.2 or a by-law passed under this section;
(g) prescribing a tariff of fees that may be charged for applications and permits;
(h) designating employees of the city to supervise and enforce the by-laws.
Public consultation on by-laws
Before a by-law is passed under clause 2(b), or such a by-law is amended, the committee of council designated by council shall issue notice of, and hold, a public hearing on the proposed by-law and submit a report and recommendations to council.
Notwithstanding subsection (3), council may amend a by-law passed under clause 2(b) without proceeding in the manner set out in subsection (3) where, in the opinion of council, the amendment is of a minor nature and does not prejudice the rights of any person.
S.M. 1991-92, c. 15, s. 17; S.M. 1992, c. 37, s. 8; S.M. 1998, c. 37, s. 61.
PERMITS
Restriction on permits under Part 15
A building permit shall not be issued under Part 15 in respect of a building in a regulated area unless the proposed construction is approved under this Part.
Requirement for work in regulated area
No person shall begin or authorize work of the following kind in a regulated area without first obtaining a permit from the city for the purpose:
(a) the deposit, removal, alteration or disturbance of any material;
(b) the construction or demolition of a building;
(c) the alteration of surface or subsurface drainage;
(d) the diversion of a waterway or alteration of a channel of a waterway.
Permit subject to proof by applicant
A permit shall not be issued under this Part for work to be done in a regulated area unless the applicant demonstrates to the reasonable satisfaction of the designated employee that the proposed work will not, or will not have a tendency to,
(a) restrict or impede surface or subsurface water flow;
(b) endanger the stability of any land, including the bed of a waterway;
(c) cause land to slip into a waterway; or
(d) adversely alter the channel of a waterway.
The designated employee may issue a permit to allow work to be done in a regulated area subject to such terms and conditions as he or she considers necessary to ensure compliance with subsection (3).
Where the designated employee refuses to issue a permit to allow work to be done in a regulated area, a written notice shall be sent to the applicant stating the reason for the refusal.
Order to remedy unauthorized act
Where a person contravenes or fails to comply with subsection (2) or a by-law passed, or a permit issued, pursuant to subsection 494.1(2), the designated employee may make an order requiring the person, within a period of time stated in the order,
(a) to desist or refrain therefrom;
(b) to make application for a permit;
(c) to comply with conditions set out in an existing permit; or
(d) to remedy, in a manner stated in the order, any damage caused by the contravention or failure to comply;
and the order shall state that if the person fails to comply with it, the city may, without further notice or legal process and at the expense of the person, take action under subsection (8).
The designated employee shall cause a copy of an order made under subsection (6) to be immediately served on the person personally or by such substitutional service as the Court of Queen's Bench may order on application by the city.
Where a person who is served with an order made under subsection (7) fails to comply with it, the designated employee may, whether or not the person appeals the order, without further notice or legal process, do or cause to be done all things necessary to carry out the order.
The cost of any work done by the city under subsection (8) may be recovered by the city by court action, and is a lien on the building and the materials thereof, and the land on which the building is located, and the cost shall be charged against the owner of the building and collected by the city as a debt due to the city or, as certified by the designated employee from time to time, may be added to the taxes on the land or building and may be collected in the same manner as other municipal taxes.
S.M. 1991-92, c.15, s. 17; S.M. 2000, c. 19, s. 13.
FLOODWAY AREAS
Definition of "public service"
In this section, "public service" includes electrical, gas, water, sewage, communication and transportation services, water control works, bank stabilization works, docks and a publicly owned open air structure used for recreational purposes.
No construction in designated floodway area
Subject to subsection (3), no person shall construct a building or perform any construction, other than a public service, in a designated floodway area.
Right to permit in designated floodway area
Where the owner of a parcel of land within a designated floodway area
(a) is, before the designation of the parcel as a designated floodway area, entitled to a building permit in respect of the parcel; and
(b) would, except for the designation of the parcel as a designated floodway area, continue to be so entitled;
the parcel is deemed to be part of a designated floodway fringe area for the purpose of an application for a building permit and, where a building permit is issued, is subject to the provisions of this Part applicable to a building permit issued in respect of construction in a designated floodway fringe area.
Cancellation of permit in floodway area
The designated employee may cancel a building permit for work in a designated floodway area where he or she has reasonable grounds to believe that work done, or to be done, under the permit does not comply with the floodproofing criteria; and the designated employee may cancel
an occupancy permit where he or she has reasonable grounds to believe that a building occupied, or to be occupied, under the occupancy permit does not comply with the floodproofing criteria.
S.M. 1991-92, c. 15, s. 17.
OCCUPANCY
Occupancy of buildings not in compliance
No person shall occupy or maintain a building that is not in compliance with section 494.3 or 494.4.
S.M. 1991-92, c. 15, s. 17.
FLOODWAY FRINGE AREAS
Construction in floodway fringe area
Subject to subsections (5) and (6), no person shall construct a building in a designated floodway fringe area except in accordance with the floodproofing criteria.
Part 15 permits re floodway fringe area
The designated employee under Part 15 shall not issue a building permit or occupancy permit in respect of a building in a designated floodway fringe area unless the building and any proposed construction complies with floodproofing criteria.
Permit for building in floodway fringe area
The designated employee under Part 15 shall not issue a building permit for the superstructure of a building in a designated floodway fringe area until the foundation of the building is completed and a surveyor's building location certificate, or similar documentation that is approved by the designated employee, is provided and shows that the elevation of the foundation complies with floodproofing criteria.
Variation of floodproofing criteria in fringe area
Subject to the regulations, an owner of land within a floodway fringe area may apply to the designated employee for an order varying the floodproofing criteria in respect of the proposed construction of a building.
Order to vary floodproofing criteria
Subject to the regulations, on receiving an application under subsection (4), the designated employee may make an order varying the floodproofing criteria in respect of
(a) a new building to be constructed on one of a small number of remaining building sites or on the only remaining building site, or on newly subdivided building sites, in an area that is almost fully developed with buildings;
(b) proposed work that constitutes reconstruction of, an addition to, or an accessory to, a building that complies with this Part, Part 15 and by-laws; or
(c) the replacement of a building that is destroyed by fire or other peril;
if the designated employee is reasonably satisfied that it is impossible or impractical to comply with the floodproofing criteria.
Conditional order respecting flood protection
An order made under subsection (5) may be subject to such terms and conditions as may be prescribed by regulation, and as the designated employee considers necessary or desirable, including the prohibition of payment of flood protection assistance or flood damage assistance by the city.
The city shall file with the province a copy of any order made under subsection (5) or (6).
Order to remedy unauthorized act
Where a building is constructed, or is being constructed, in a designated floodway area or a designated floodway fringe area in contravention of a provision of this Part or the regulations, the designated employee may make an order requiring, within a time specified in the order, that
(a) such changes be made to the building or construction as are necessary or desirable to ensure compliance with this Part, the regulations, or an order of the designated employee that varies the floodproofing criteria;
(b) where changes to the building are not possible or feasible, the building be removed from the designated floodway area or the designated floodway fringe area;
and the order shall state that if the owner fails to comply with it, the city may, without further notice or legal process and at the expense of the owner, take action under subsection (10).
The designated employee shall cause a copy of an order made under subsection (8) to be immediately served on the owner personally or by such substitutional service as the Court of Queen's Bench may order on application by the city.
Where an owner who is served with an order made under subsection (8) fails to comply with it, the designated employee may, whether or not the owner appeals the order, and without further notice or legal process, do or cause to be done all things necessary to carry out the order.
The cost of any work done by the city under subsection (10) may be recovered by the city by court action, and is a lien on the building and the materials thereof, and the land on which the building is located, and the cost shall be charged against the owner of the building and collected by the city as a debt due to the city or, as certified by the designated employee from time to time, may be added to the taxes on the land or building and may be collected in the same manner as other municipal taxes.
Revenue from sale of materials
Where a designated employee causes a building to be removed from a designated floodway area or a designated floodway fringe area under subsection (11), the city may sell the material, fixtures and salvage from the building and apply the proceeds to paying the cost of the removal; and any balance shall be applied on any taxes owing the city in respect of the property, after which any balance shall be paid to any mortgagees and encumbrancers of, and persons holding liens against, the property in order of their priority; and any balance shall be paid to the owner of the property.
S.M. 1991-92, c. 15, s. 17; S.M. 2000, c. 19, s. 14.
FLOOD ASSISTANCE
It is declared that there is no right to a payment of flood protection assistance or flood damage assistance, and the prohibition in subsections (2) to (4) of such payments in certain circumstances does not imply that assistance will be paid in other circumstances.
Building in designated floodway area
The government and the city shall not pay flood protection assistance or flood damage assistance in respect of a building that is constructed in a designated floodway area after the date that the area is so designated, unless the building is on a parcel of land that is deemed to be part of a designated floodway fringe area under subsection 494.3(3).
Government and floodway fringe area
The government shall not pay flood protection assistance or flood damage assistance in respect of a building constructed in or brought within a designated floodway fringe area, unless the building complies with floodproofing criteria.
The city shall not pay flood protection assistance or flood damage assistance in respect of a building that is contructed in a designated floodway fringe area unless the building complies with
(a) the floodproofing criteria; or
(b) an order made under subsection 494.4(5) that does not contain a term or condition prohibiting the payment of flood protection assistance or flood damage assistance by the city.
S.M. 1991-92, c. 15, s. 17.
The Lieutenant Governor in Council may make regulations
(a) designating an area of the city as a designated floodway area or designated floodway fringe area;
(b) establishing floodproofing criteria to be complied with in respect of buildings that are constructed in a designated floodway fringe area;
(c) designating buildings or classes of buildings that are exempt from floodproofing criteria;
(d) respecting the circumstances in which the designated employee may make an order to vary floodproofing criteria under subsection 494.4(5).
S.M. 1991-92, c. 15, s. 17.
OBJECTION
Decision of designated employee
A person who is aggrieved by an order or decision of the designated employee in respect of a regulated area, a designated floodway area or a designated floodway fringe area may file an objection to the order or decision, and section 480 applies, with such modifications as the circumstances require.
S.M. 1991-92, c. 15, s. 17.
FLOOD PROTECTION
Authority for flood protection
Subject to the rights and authority of the Crown, however arising, the city is invested with full authority in respect of protection against floods within the city.
S.M. 1991-92, c. 15, s. 17.
Construction in, on or over waterways
Except where council passes a by-law under section 494.72, the city shall not permit construction in, on or over a waterway except the construction of a highway or a utility.
By-laws on construction over waterways
Subject to subsection (2), council
(a) may pass a by-law
(i) prohibiting the construction of any building or classes of building, or
(ii) regulating the construction of any buildings or class of building,
in, on or over any waterway or class of waterway;
(b) may in the by-law referred to in clause (a) provide that any class of building is exempted from any provision of the by-law; and
(c) may amend the by-law passed under clause (a) or repeal it and substitute another.
After council has given first, but before it has given second, reading to a proposed by-law under subsection (1), council shall refer the by-law to the committee of council designated by council which shall give notice of, and hold, a public hearing with respect to the proposed by-law and submit a report with recommendations to council.
Notwithstanding subsection (2), council may amend a by-law passed under subsection (1) without proceeding in the manner set out in subsection (2) where, in the opinion of council, the amendment is of a minor nature and does not prejudice the rights of any person.
S.M. 1992, c. 37, s. 9; S.M. 1998, c. 37, s. 89.
A permit with respect to the construction of a building in, on or over a waterway shall not be issued under Part 15 or Part 15.1 unless it conforms with the by-law passed under subsection 494.72(1).
No person shall begin or authorize construction of a building in, on or over a waterway unless it conforms with a by-law passed under subsection 494.72(1).
S.M. 1992, c. 37, s. 9; S.M. 1998, c. 37, s. 89.
FROZEN WATERWAYS
Council may pass by-law
(a) regulating, prohibiting and licensing an activity on a frozen surface of a waterway, including activities of pedestrians and the use and movement of such vehicles as council may authorize by by-law, for the safety and convenience of the public and the protection of the environment; and
(b) providing for the temporary placement of markers, signs, guards and safety appliances, and the construction of temporary devices as a means of crossing the frozen surface of a waterway;
so as not to interfere with navigation and shipping.
S.M. 1991-92, c. 15, s. 17.
REGISTRATION IN L.T.O.
The city may register in the Winnipeg Land Titles Office
(a) a certified copy of an order made under subsection 494.2(6) or 494.4(5); and
(b) a notice that a building on land described in the notice does not comply with section 494.3, 494.31 or 494.4, or a regulation made under section 494.51;
and the district registrar shall make an entry of the registration on the title or abstract of title for the land described in the order or notice.
Where a building in respect of which a notice is registered under clause 1(b) is brought into compliance with the provision referred to in the notice, the city shall register a notice of discharge in the Winnipeg Land Titles Office, in the form prescribed under The Real Property Act.
S.M. 1991-92, c. 15, s. 17.
RIGHT OF ENTRY
Subject to section 155 (warrant), the designated employee or any other officer, employee or agent of the city that is appointed and authorized for the purpose may, at all reasonable times, with the consent of the owner or occupier, and on displaying an identification card, enter and inspect any land or building for the purpose of administering or enforcing this Part or a by-law or regulation enacted under this Part.
S.M. 1991-92, c. 15, s. 17; S.M. 1992, c. 37, s. 10.
LIABILITY
Liability of city, province, employees
The government and city, and their employees and agents, are not liable for loss or damage to a person by reason of anything done or omitted to be done in the exercise of powers under this Part or the regulations, except where the loss or damage results from the negligence of the government or city, or their employees or agents.
S.M. 1991-92, c. 15, s. 17. ENFORCEMENT
Application to court to enforce Part
The city may make application to the Court of Queen's Bench to enforce a provision of this Part by injunction or mandamus.
S.M. 1991-92, c. 15, s. 17.
STREETS
The city has jurisdiction over all highways or streets that were under its jurisdiction or the coming into force of this Act.
Possession and control vests in city
Where the city has jurisdiction over a highway or street under subsection (1) and title to the land on which the highway is situated is vested in the Crown, the title remains so vested, but possession and control thereof is vested in the city.
In respect of the highways and streets over which it has jurisdiction, the city shall have all the rights, powers, benefits and advantages conferred, and be subject to all liabilities imposed either by statute, by-law, contract or otherwise on, the area municipality or the Metropolitan Corporation that had jurisdiction over the streets or highways before the city assumed jurisdiction over them; and the city may sue on those rights or under those agreements or by-laws in the same manner, and to the same extent, as the area municipality or the Metropolitan Corporation might have done if jurisdiction over the highways or streets had not been assumed by the city.
Opening, closing, improving streets
The city may pass by-laws
(a) for closing or for opening, widening, extending, diverting, preserving, repairing, paving or making any other improvement in any street, including the construction of any bridge;
(b) for regulating the temporary closing of a street to traffic where necessary because of any work or improvement being carried out on any street or because of the condition of any street and, without limiting the generality of the foregoing for the purposes of widening, extending, diverting, preserving, repairing, or reconstructing or making any other improvement to any street, including the construction of a bridge;
(c) for making, preserving, altering, improving, and maintaining public wharfs, docks, slips, shores, rivers or waters and the banks thereof;
(d) for closing any street for the purpose of conveying or leasing the same or any part thereof to any person; and
(e) permitting or contracting for private works on, over, along or under highways.
Council to hear persons affected
Before the passing of a by-law under clause 495(4)(a) to close a street, the clerk shall give notice of the by-law, and the council shall hear in person or by counsel anyone whose land might be prejudicially affected and who petitions to be heard within 10 days after the giving of the notice.
The notice under subsection (1) shall be given by the posting thereof, at least 10 days before the passing of the by-law, in six of the most public places in the immediate neighbourhood of the work.
If the passing of the by-law under clause 495(4)(a) is requested by a person interested in land affected by the by-law, the city may require payment in advance by the person of the reasonable expense attendant on the posting of the notices.
Access to land not to be cut off
The city shall not close a street under clause 495(4)(a) and thereby prevent access to land unless
(a) the city provides another convenient means of access to the land; or
(b) the owner of the land elects to be compensated in lieu of the city providing another convenient means of access to the land.
L.G. in C. may legalize actions
The Lieutenant Governor in Council may, on the application of council, in a case in which it may seem proper, authorize, approve or legalize an action of the council dealing with, or attempting to deal with, any of the class of subjects set forth in this section, whether or not the council passes a by-law authorizing the action.
Disposition of land in closed street
When a street is closed by the city, land occupied by the street may be dealt with in the same way as other land owned by the city.
When the position of a street is altered so as to remove it from the land which formerly fronted on one side of it, a distance less than its width from the land, the owner of the land shall be entitled to a conveyance from the city of the land
between the new street and the owner's land, and the increased value of the owner's land by reason of the addition to it of the portion of the former street shall be taken into account in awarding compensation for damages, if any, suffered by the owner by reason of the change in the location of the street.
Where owner refuses compensation
If the owner refuses to accept the additional land, no compensation shall be awarded to the owner for alleged damages by reason of the owner's land not fronting on the new street.
By-law on injuriously affected
The city may pass by-laws for determining what persons or classes of persons, if any, shall be regarded as being injuriously affected by the closing of any street, and if notice of any such by-law has been given at least 10 days before the passing of it, in the same manner as is required in the case of notice of the by-law closing the street, no persons or classes of persons other than those mentioned in the notice and by-law as being so injuriously affected shall be entitled to compensation in respect of it unless such determination is amended on appeal as hereinafter provided; and such notice and by-law may be combined with the notice and by-law for the closing of the street.
Any person dissatisfied with such determination may appeal therefrom to a judge of the Court of Queen's Bench, in which case he shall, within 10 days after the passage of the by-law, apply to a judge sitting in chambers, and produce to the judge a copy of the by-law, and show by affidavit that he is interested, and such facts and circumstances as he claims entitle him to succeed upon such appeal, and shall, within the 10 days, notify the city of his intention so to appeal.
The judge, after service upon the city of a summons to show cause in such behalf, may change, add to or diminish the persons or classes of persons so determined by the by-law, or may dismiss the appeal, and, according to the result of the appeal, may award costs for or against the city and the decision of the judge shall be final and conclusive.
Claims may include damage to trade
The amount of any claim for compensation by a person entitled as in this section provided, may include any damage to trade.
Obtaining title to land for streets
Where land owned by the city is to be opened as a street, on the registration in the land titles office of a copy, certified under the hand of the clerk and sealed with the seal of the city, of a by-law passed for the purpose of opening a street, and of the plan attached to and forming part of the by-law showing the street and any additional land in connection therewith, the land required for the street opening and the additional land, if any, as shown on the plan, shall become vested in the Crown in right of the Province free from all easements and encumbrances, and a certificate of title for the land, or so much of it as is registered under The Real Property Act, shall issue to the city and be held in trust by the city for the Crown in right of the Province of Manitoba.
The city shall have power
(a) to prevent or control, or, in the discretion of the council in each case, to permit or licence any act or the placing or maintaining of any thing in a street, and prevent or control a nuisance or dangerous condition in or near a street, and authorize an officer of the city to abate or remedy any such nuisance or dangerous condition at the expense of the person causing or permitting the same, or to remove from a street anything placed or maintained therein in contravention of a by-law, or otherwise without lawful authority, such removal, except as otherwise herein provided, to be at the expense of the owner of such thing, or, in the case of a projection from or object attached to an adjoining building or land, at the expense of the owner of such building or land;
(b) to beautify, improve, maintain and preserve any street, and to construct or operate therein any work or undertaking regarded as beneficial to the city;
(c) to survey, settle and mark the boundary lines of streets and to give names to the streets and affix the names at the corners thereof, on either public or private property; but no by-law for altering the name of any street shall have any force or effect until registered in the land titles office, and a fee of $1., for every by-law registered and for the necessary entries and certificates in connection therewith, shall be payable for such registration;
(d) to install, maintain, regulate and charge fees for the use of parking meters in the streets of the city and in public parking facilities operated by the city;
(e) to enter into, and carry out, agreements with any person whereby the city may permit the use of air space above, and space below, the established grade level of any street on terms provided in the agreement and such agreement shall not affect the liability of the city in respect of a street.
Any expenses incurred by the city in removing any scaffolding, building material, waste matter, or other structure, matter or thing, placed in the street in connection with the construction of a building on land adjacent to the building, or in making good any damage to a street or any property of the city caused by or arising out of any such construction, including subsidence of a street owing to faulty or insufficient backfilling or the use of improper material for backfilling in connection with the construction, shall be paid to the city by the owner of the land, and the expense, as certified by the designated employee, may be recovered by the city from the owner by process of law and may be added to the taxes on the land and collected in the same manner as the general municipal rates of the city.
The city may require a person applying for a permit to use or excavate any part of a street for or in connection with work thereon or on adjacent property, to secure the city, by a bond or cash deposit, against any such expense or damage caused by or arising out of the work.
The city may prescribe in what cases any construction in or use of a street shall require the approval of the council in each instance.
S.M. 1989-90, c. 51, s. 9; S.M. 1998, c. 37, s. 63.
Persons who obstruct to indemnify
If a claim for damages be made against the city arising out of an obstruction, structure, encroachment or nuisance, placed, caused or permitted in a street by a person other than an employee of the city, or by the city at such other person's request, whether under a permit or agreement with the city or not, or any claim for damages otherwise arising as the result of an act or default on the part of a person other than such employee, the person placing, causing, performing or permitting such obstruction, structure, encroachment, nuisance, act or default, shall indemnify and save harmless the city from all costs, damages and expenses arising therefrom or in connection therewith and, whether or not a claim be made against the city in respect thereof, shall be directly responsible for such obstructions, structure, encroachment, nuisance, act or default to any person suffering damage therefrom including the city.
In this section the expression "private works" includes roadways, crossings, areas, openings, and pipe lines and other structures constructed, erected, installed or maintained in a street for the use or benefit of owners or occupants of property adjoining or connected therewith.
Effect of section on this Part
Nothing in this section affects the generality of any preceding section of this Part.
The city may
(a) permit private works in its streets;
(b) prescribe the terms and conditions upon which private works may be installed, constructed, re-installed, reconstructed, maintained or used;
(c) make such annual or other charge for the privilege conferred and for the use of the private works as the council deems reasonable;
(d) enforce the payment of those charges by adding them to, and recovering them in like manner, as taxes payable in respect of the land abutting the particular work;
(e) require that all private works shall comply with the requirements of a designated officer of the city as to location, construction, materials, workmanship and other matters in connection with the installation, construction, re-installation, reconstruction or maintenance thereof; and
(f) appoint a committee, board, or other body to hear and determine any application by a person having, in the opinion of the committee, board or other body, a sufficient interest for an order varying or cancelling, temporarily or otherwise, any provision of a by-law or regulation relating to the location or size of any private works.
The owner of the land abutting any private works and, in the case of a pipe line, the user thereof, shall be directly liable to any person, including the city, sustaining damages through any cause whatsoever on account of, and shall indemnify and save harmless the city of and from all damages and costs caused by or on account of, the installation, construction, re-installation, reconstruction, maintenance, use, or failure to protect or cover, any such private works.
The city may at any time reconstruct, alter or remove any private roadway or crossing, area, opening, pipe line or structure in existence in any street.
Neither this section nor any permission or privilege in respect of such private roadways or crossings, areas, openings, pipe lines or structures granted by the city under this section shall interfere with any liability created or existing under the provisions of this Act, nor with the remedies over provided by this Act, nor shall this section or such permission or privilege create any vested right in any such private roadway or crossing, area, opening, pipe line or structure.
The cost of all work done by the city in the construction, reconstruction, maintenance, removal, or alteration of a private crossing or roadway or other approach to private property, or of a sidewalk built or improved by an owner, or of an area, pipe line or other structure laid or constructed in a street to serve adjoining land, shall, if the city so requires, be paid by the owner of the land fronting thereon upon or before the completion of the work.
The annual charge, if any, made by the city in respect of any such work, improvement, or structure shall be paid by the owner of the land fronting thereon, forthwith on demand made by the city and, if not so paid, it may be added to the taxes on that land and collected in the same manner as the general municipal taxes of the city.
Upon the application of the owner of the land fronting on any such work, improvement, or structure, the city may charge the cost of the work, improvement, or structure against the land over a term of not more than 20 years with interest as in the case of an ordinary local improvement; and the charge shall be added to the taxes on the property and be collected in the same manner as the ordinary municipal rates of the city.
In computing the cost to be charged against the land as aforesaid, the city may include in the cost the items of expense usually included in computing the costs of a local improvement.
This section applies in respect of any private works whether heretofore or hereafter installed or constructed.
Cost of placing culvert in lane
The city may provide
(a) where a ditch is or has been made in a lane for drainage purposes the city may construct culverts for purposes of access to adjoining properties at the expense of the owners thereof when and where, in the opinion of the engineer, they are required; and
(b) that the cost, as certified by the engineer, of constructing, repairing or renewing culverts in lanes used for purposes of access to adjoining properties may be added to the taxes on such properties and collected in the same manner as the general municipal rates of the city.
Use of street by telegraph company
A fee or charge imposed by the city on a company doing a telegraph business for a licence or permit to place, maintain or use poles on the street shall, together with any taxes chargeable in respect thereof, not exceed $300. annually.
No by-law for licensing, regulating or preventing the placing, maintaining or using of poles shall affect any rights that a corporation has by virtue of a statute or any other by-law or an agreement with the city.
Where conduits are constructed by the city in a street for the purpose of placing wires underground, the city may grant to any other public authority or corporation carrying on a utility the right to place and maintain wires in the conduits on payment of an annual or other fee or charge.
Leasing of land held for streets
Where title to land is vested in the Crown or in the name of the city for the purpose of a street and the possession and control of the land are vested in the city and the city finds that it is not expedient to construct a highway on the land immediately, the city may lease or use the land until construction of the highway is required; and the city shall be deemed always to have had the powers granted under this subsection.
Where in the course of improving any street, the city finds it necessary to take up, remove, or change the location of any of the works of Greater Winnipeg Gas Company, constructed or placed on, under, over, across, or along the street, the costs and expenses incurred thereby shall be apportioned between the city and the Greater Winnipeg Gas Company, in a manner that they may agree upon or, in the case of disagreement, shall be apportioned in the manner determined by The Public Utilities Board.
Delegation of council's powers
Council may delegate its powers and rights under this Part, or so much of it as council considers appropriate, and on terms and conditions that council may specify, to a designated officer who shall exercise his discretion in accordance with any by-laws of the city relating thereto.
Council may provide that a person who considers himself aggrieved in respect of a decision of the officer designated under subsection (1) relating to private works, as that term is defined in this Part, may appeal therefrom to such body as council may delegate to hear such appeals, but there shall be no appeal in respect of private works where council has expressly provided that such private works are not to be placed, constructed or installed in a designated street or portion thereof.
The city is the traffic authority under The Highway Traffic Act with respect to the highways and streets over which it has assumed jurisdiction under this Part and a new street that may be established as provided herein, and with respect to those highways and streets has all the powers granted to or enjoyed by, and the duties charged on, a municipality under The Highway Traffic Act.
Temporary prohibition of traffic
The city may regulate or prohibit vehicular or pedestrian traffic on a street or a portion of a street for such periods and under such conditions as council considers necessary.
Where it is alleged by a peace officer or by any person appointed to enforce the traffic or parking by-laws, resolutions, or regulations of the city that a person has contravened a provision of a resolution or by-law enacted by council, the person, on being notified of the allegation, may voluntarily consent to pay the penalty fixed in the resolution or by-law; and payment of the penalty may be made in accordance with the procedure, and to a person, as may be stated in a resolution or by-law enacted by council.
When payment is made by a person under subsection (2), the person is not liable to prosecution for the contravention in respect of which the payment is made.
Fee re collection of unpaid parking fines
Council may by by-law fix an administration fee for the purposes of subclause 23.3(8)(a)(i) of The Summary Convictions Act.
S.M. 1993, c. 2, s. 24.
The city may construct temporary detours to accommodate traffic during construction and maintenance of a street, or in cases of emergency; and the city shall be the traffic authority over such detours during the period that the construction and maintenance is being carried out or during the period of emergency.
Agreement for removal of trees
The city may make an agreement with the owner of land adjacent to a street for the removal of any tree, shrub, brush, hedge, fence or other object planted or placed on the land, if council is of the opinion,
(a) that the roadbed of the street may be injuriously affected by the object;
(b) that the object may cause the drifting of snow and an accumulation thereof on the street;
(c) that the vision of pedestrians or drivers of vehicles on the highway may be dangerously obstructed by the object; or
(d) that the object is unsightly;
and that the city may do all things necessary for the performance by it of such an agreement.
Regulations as to advertising signs
Council may, by by-law, make rules pertaining to the erection or placing of a sign or signboard and the exposing of an advertising device, on or adjacent to a street, and forbidding or requiring the removal of any such sign, signboard, or advertising device.
On a conviction for violation of a provision of this section or of a by-law or rule made under this section, the convicting justice shall order the person convicted to remove, within a period specified in the order, the thing in respect of which the person is convicted; and if the person fails to comply with the order within the period fixed, the person shall be liable to a further fine for each day during which the breach of the order continues.
Expense of compliance with order
Where a person convicted fails to comply with an order made under subsection (2) the city may cause the order to be carried out at the expense of the person in default, and the expense thereof may be recovered from that person as a debt due to the city.
The city may, by by-law, designate a street or a portion thereof, as a limited access street.
No person shall, except under the authority of, and in accordance with, a by-law of the council, construct, use, or allow the use of, a private road, entranceway, or gate that, or a part of which, is connected with, or opens on, a limited access street.
The city may give notice to the owner or occupant of any land requiring the person to close up a private road, entranceway, or gate that does not comply with subsection (2) or a by-law passed under that subsection.
The notice shall be in writing and sent by registered letter addressed to the owner or occupant of the land, and it shall be deemed conclusively to have been received on the second day following the mailing thereof.
If the person to whom the notice is given fails to comply with it within 30 days after its receipt, the council may by resolution direct an officer, employee, or agent of the city to enter on the land and do or cause to be done whatever may be necessary to close up the private road, entranceway or gate.
Every person who violates subsection (2) or fails to comply with a notice given under subsection (3) is guilty of an offence and liable to a penalty under section 149.
Where a person to whom a notice is given under subsection (5) complies therewith, the owner of the land shall be entitled to such compensation as may be agreed upon between the person and the city.
Compensation for land taken or used
Where a limited access street is established, the city shall make to the owner or occupier of any land taken or used for the purpose or injuriously affected thereby, and to any other person having an interest in the land, due compensation for damages necessarily resulting from the establishment thereof, beyond any advantage that the claimant may derive therefrom; and a claim for compensation, if not settled by agreement, shall be determined as provided in The Expropriation Act.
No compensation shall be allowed in respect of a private road, entranceway, or gate constructed after the effective date of the by-law of the council designating the road as a limited access street.
Council may, by resolution, authorize the construction of paved boulevards at the expense of the city on a street where, in its absolute discretion, it considers it in the best interest of the city to do so; and on completion of the paved works, they shall be deemed to be boulevards.
Subject to subsection (2), the city is responsible for maintaining the boulevards in the city.
By-law requiring owner to maintain
The council may, by by-law, require owners, agents of owners and occupiers of land to maintain boulevards that abut or flank the land.
If an owner, agent of an owner or occupier does not comply with a by-law under subsection (2) to the satisfaction of the city, the city may maintain the boulevard and charge the cost of doing so against the affected land as taxes due and owing in respect of that land and recover the cost as such.
Boulevards that benefit the city
A by-law under subsection (2) may designate boulevards or portions of boulevards that benefit the city at large and for which the city is responsible for maintaining.
S.M. 1994, c. 15, s. 34.
Removal of snow and obstructions
The council may pass by-laws
(a) requiring owners, agents of owners and occupiers of land to remove snow, ice, dirt and other obstructions from sidewalks and streets adjoining the land;
(b) providing that if the owner, agent of the owner or occupier fails to comply with a by-law under this section to the satisfaction of the city, that the city may remove snow, ice, dirt and other obstructions from the sidewalks and streets at the expense of the owner or occupier and, in case of non-payment, charge the expense against the affected land as taxes due and owing in respect of that land and recover the cost as such;
(c) providing for snow, ice, dirt and other obstructions to be removed from the sidewalks and streets of the city, or in any area of the city, and for charging the expense of doing so as a special assessment against the land in the area according to the frontage of the land, to be recovered in the same way as other municipal rates.
S.M. 1994, c. 15, s. 34.
The council may establish by by-law, a traffic authority to be known as "Winnipeg Traffic Authority" to exercise the powers hereinafter set forth; and may appoint such persons as it considers necessary to be members of the Winnipeg Traffic Authority.
The traffic authority shall, subject to subsections (3) and (4) have and exercise exclusively within the city all the powers which are conferred on the council of a municipality under The Highway Traffic Act or on an authority having jurisdiction over a highway.
All by-laws, resolutions or orders regulating traffic in force in an area municipality on the coming into force of this Act shall continue in force and council may amend, repeal or consolidate the by-laws.
The traffic authority shall
(a) investigate and consider all matters relating to the regulation and control of traffic within the city and recommend to the council of the city such changes as may, in its opinion, be necessary or advisable;
(b) subject to subsection (4), make and enforce temporary or experimental regulations to meet emergencies or special conditions;
(c) direct and co-ordinate all operations of the city with respect to the regulation and control of traffic;
(d) receive all recommendations relating to traffic matters;
(e) test traffic control devices under actual conditions of traffic;
(f) prepare and publish traffic studies and reports and carry on educational activities in traffic matters;
(g) report to council at least once every three months;
(h) if authorized by the council so to do, supervise, regulate, and control, the operation of any or all public parking lots within the city, and operate any public parking lot or parking building belonging to the city.
No temporary or experimental regulation made under clause (3)(b) shall remain in force for more than 90 days unless, before the expiration of that period, it is adopted by council as herein provided; but council may, before the expiration of the 90 day period, authorize the continuance of the regulation for a further period not exceeding 30 days, and the regulation shall continue in force for the period authorized.
Meetings of the traffic authority shall be held at such times as it may determine, and not less than once every three months.
The traffic authority shall adopt its own rules of procedure and keep a record of its proceedings.
On and after the appointment of the members of the first traffic authority, the traffic authority shall always be continuing and existing, notwithstanding an annual or other election or appointment of the members thereof; and all by-laws, reports, and proceedings, that are under consideration at the time of an election or appointment may be taken up and carried on to completion thereafter.
A person guilty of a breach of a regulation made by the traffic authority under clause (3)(b) is liable, on conviction, to the general penalty provided for a breach of the Winnipeg Traffic by-law.
All regulations made under clause (3)(b) shall be dated and numbered consecutively, and shall be signed by the chairperson and secretary of the traffic authority.
A copy of a regulation purporting to be signed under subsection (9) shall be received in evidence in a court without proof of the signatures or official position of the persons appearing to have signed it, and without further proof, unless the court otherwise directs.
For the purpose of maintaining a uniform alignment of buildings or as a preliminary step to the widening of a street, or part of a street, the city may pass by-laws regulating and controlling the distance from a street line within which a building shall not be placed.
The city shall keep in repair every street, and on default in so doing the city shall, besides being subject to any punishment provided by law, be civilly responsible for all damages sustained by a person by reason of the default.
The liability of the city under subsection (1) shall be limited to that portion of the street on which work has been performed or local improvements made by the city.
Notice of any claim or action under subsection (1), whether the default is the result of misfeasance or non-feasance, must be served within one month after the happening of the alleged accident giving rise to the claim or action and such an action shall be commenced within two years of the receipt of the notice.
Notwithstanding anything hereinbefore contained, the city shall not be liable for accidents arising from persons falling owing to snow or ice on the streets, unless in cases of gross negligence of the city, and no action shall be brought to enforce a claim for damages under this subsection unless notice in writing of the accident and the cause thereof is served on or mailed to the clerk, within seven days after the happening of the accident, and unless an action brought for damages in connection therewith be commenced within three months of the receipt of such notice.
In case of the death of the person injured, the want of the notice required under subsections (3) and (4) hereof shall not be a bar to the maintenance of the action, and in other cases the want or insufficiency of the notice required under either of the subsections shall not be a bar to an action if the court or judge before whom the action is brought considers that there is reasonable excuse for the want of such notice or for insufficiency, and that the defendant has not thereby been prejudiced in its defence but in case no notice or no sufficient notice is given under the subsections, no action shall be brought under this section unless commenced within three months from the happening of the accident.
Examination of claimant before suit
The city may, at any time after it has received notice of any such claim or action or become aware that an accident has taken place, unless a duly qualified medical practitioner certifies that the claimant is not in a fit condition to be examined, examine the claimant or person who met with the accident before a special examiner of the Court of Queen's Bench, who shall administer the oath to the claimant, and himself or his clerk take down the evidence in writing or in shorthand of the claimant concerning the alleged negligence, and all the particulars of the accident complained of, and the evidence when taken down or transcribed, shall not need to be signed by the deponent, and no person shall bring or maintain an action against the city who has refused or declined to give such evidence or answer any question pertaining to the alleged negligence or as to the damage or injury complained of, unless the court or judge before whom the action is brought considers that there is reasonable excuse for such refusal; but such examination shall not be used as evidence or for any purpose at the trial of any issue arising out of any such accident.
The form of oath referred to in subsection (6) shall be as follows:
I, A.B., swear that I will make true answer to all questions put to me touching the matters in question in the claim made by me against the City of Winnipeg, and will tell the truth, the whole truth, and nothing but the truth, so help me God.
The proceedings leading to such examination shall be, as far as practicable, the same as those prescribed for examination for discovery under The Queen's Bench Act.
Subsections 519(2) to (8) shall apply to an action brought against the city for damages occasioned by the presence of a nuisance on a street.
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