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REPEALED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 |
LICENSING
In this Part,
"ambulance" means a motor vehicle that is used or intended to be used for the transportation of patients and that is specifically designated, constructed and equipped for that purpose; (« ambulance »)
"ambulance service" means the business of transportation of persons by ambulance; (« service d'ambulance »)
"animal" means a domestic or other animal or fowl; (« animal »)
"carry on" means carry on, perform, operate, keep, hold, occupy, deal in or use, for gain, whether as principal or as agent; (« exercer »)
"itinerant salesman" means a person who
(a) as vendor or agent for the vendor, the vendor not having his principal place of business in the city, goes from place to place within the city selling goods or offering them for sale directly to the consumer, or soliciting orders from the consumer for goods, or
(b) goes from place to place within the city taking orders for goods to be made, grown or completed, in whole or in part, outside the city by a person not having his principal place of business in the city; (« démarcheur »)
"trade" includes a business, occupation, calling, amusement, entertainment, act, premises, commodity or thing; (« commerce »)
"transient trader" means a person, whether or not occupying permanent or other premises elsewhere in the city, who offers goods for sale in premises in the city or in or from a railway freight car, automobile or other vehicle, or in any other place in the city, where the carrying on of such business in such premises, car, vehicle or place is for a temporary period only, and includes a person who commences a business in the city for the sale of goods, who has not resided in the city or occupied a place of business in the city for a period of at least three months next preceding the commencement of the business, but does not include a commercial
traveller selling or offering for sale by wholesale any goods, by sample cards, specimens or otherwise, for future delivery from some place outside the city, or a commercial traveller taking orders for a person or firm carrying on a wholesale business in the city. (« marchand ambulant »)
In a legal proceeding for the enforcement of a by-law regulating and licensing transient traders, the onus shall be on the person accused of carrying on business as a transient trader without a licence to prove that the person's intention on commencing the business in question was to remain permanently in the location in which the business was commenced, where the carrying on of the business in the location does not in fact extend beyond a period of three months.
The city shall have power to regulate, control and license the carrying on of any trade, excepting
(a) the work of executives or employees in the service of the province or of Canada, or of a municipality, public board or commission;
(b) the ministry of religion, the teaching profession and the professions of law, medicine and engineering, and other learned professions;
(c) the public press including, magazines, radio and television;
(d) accounting, finance and insurance;
(e) the manufacture or sale of goods;
(f) railway, express and telegraph businesses.
None of the following shall be regarded as being within any of the classes of trades enumerated in clauses (1)(a) to (f);
(a) a trade or process liable, in the opinion of the council, to be dangerous, injurious or offensive to persons or property;
(b) the sale of magazines and other periodicals;
(c) the production, storing, handling or dealing in food;
(d) the purchase of antiques, precious stones, precious metals or plate from persons other than dealers;
(e) the personal demonstration of goods in windows;
(f) sale by auction or by means of vending machines or other mechanical means;
(g) dealing in animals, ice, fuel, second-hand goods, bottles, scrap or junk;
(h) sale by retail of tobacco in any form;
(i) dealing in stone, lime, sand, gravel, hay or straw by persons who are not assessed for business tax;
(j) the business of serving meals, refreshments or other food;
(k) a trade carried on in the street, whether on foot or by means of any vehicle or animal, or by calling from place to place or other similar manner, or carried on in a booth, stall or place not being in or part of a permanent building connected with the city's sewer and water mains;
(l) the business of a transient trader or an itinerant salesman as defined in this Part or defined by by-law of the city;
(m) the occupation of canvassing or soliciting business by calling on prospective customers;
(n) the sale of goods by a method or system other than the principal method used in retail shops where the sales are made on the vendor's premises directly to the consumer from goods kept in stock on the premises and sold at prices determined by the vendor;
(o) any other trade which the area municipalities had, at the passing of this Act, the power to regulate or license;
(p) selling or exposing for sale goods or soliciting purchasers of goods by means of audible solicitation addressed collectively to a group of three or more persons assembled for that purpose.
Trades carried on with other trades
A trade, such as bill posting, operating an advertising vehicle, or other act or thing that is subject to licence when carried on as a separate trade, shall not be deemed to be included in any of the classes of trades enumerated in clauses (1)(a) to (f), whether carried on solely as incidental to a trade mentioned in those clauses or otherwise.
No corporation charged with an offence under a licensing or regulating by-law passed under this Part shall, in a prosecution therefor, be acquitted of the charge on the ground that the corporation charged is legally incapable of committing such an offence, or that the by-law does not apply to it, because it is not within the corporation's powers to carry on an activity, or perform an act, for gain.
The power to license or to regulate shall be deemed to include the power
(a) to designate parts of the city in which a specified trade may or may not be carried on;
(a.1) to establish a penalty under section 149 for engaging in a business or trade, or doing anything for which a licence is required, without being licensed to do so;
(b) to specify the time during which a licence shall be in force and to determine the sum, or the means of computing the sum to be paid for the licence;
(c) to reduce or remit entirely, the licence fee payable in respect of a specified trade if that trade is carried on by a person who is assessed for business tax by the city in respect of the premises in or from which the trade is carried on, or in respect of other premises located in the city;
(d) to provide that a licence may be issued for the carrying on of a trade generally, or for carrying it on in specified premises only, as described in the licence;
(e) to require the applicant for a licence to furnish to the city in such form as may be prescribed such pertinent information with respect to himself and the trade for which the licence is sought as the city reasonably may require;
(f) to require, as a condition precedent to the issue of a licence, such qualifications on the part of the applicant as to character, fitness, equipment, previous residence in the city or other matter as the council shall prescribe, the question whether the applicant has the prescribed qualifications to be determined in each case by the council or by such committee, officer or other person and in such manner as may be specified by by-law;
(g) to require the applicant for a licence to furnish to the city a bond of indemnity satisfactory to a designated officer of the city for the purpose of indemnifying the city or any other person or corporation who may suffer loss owing to the default of the applicant or to obtain on behalf of the city and any group of licensees a policy of public liability insurance for such purpose and for the benefit of such persons or corporations, including the city, as the council may prescribe, such bonds or policies to be in such amounts as shall be specified by by-law;
(h) in the case of an application for a licence to carry on any of the following trades,
(i) the operating or conducting of a circus, carnival or any collection of shows, exhibitions or amusement devices, or a circus parade in connection with a circus held outside the city, or
(ii) the trade of a bill poster or building mover, to require the applicant or the licensee to furnish to the city a cash deposit or a guarantee company's bond in such form as shall be satisfactory to a designated officer of the city and in such amount as shall be prescribed by by-law, to indemnify the city, or any person, against expense incurred in repairing or making good any damage to streets or other property resulting from the carrying on of such trade or in cleaning up any premises used therefor or in removing bills, posters or signs displayed in connection therewith, or against any other loss or damage to the city, or any person, resulting from the carrying on of such trade, and to require that a bond issued in respect of a trade mentioned in sub-clause (i) shall be conditioned on the compliance by the proprietor thereof or his agent or any person taking part therein with the by-laws of the city;
(i) to refuse to grant a licence to carry on any trade if the premises, vehicle or thing, in or by means of which such trade is to be carried on is not, in the opinion of the city or such officer or person as may be designated, in fit condition or suitable therefor;
(j) in the case of a trade the carrying on of which may, in the opinion of council, be injurious to the interests of occupants or owners of property in the vicinity,
(i) to require approval of the council or of a committee specified by by-law or the approval of the occupants and owners of the property before the issue of a licence therefor,
(ii) to provide that such approval may be granted for a temporary period or indefinitely, and either conditionally or unconditionally, and
(iii) to provide that where the approval is granted for a temporary period, the approval and all rights associated with the licence cease for all purposes on the expiry of that period;
(k) to require the licensee to keep such records, give such tickets or receipts, and give to the police or to the inspector of licences or other officer of the city, in such form as may be specified, such pertinent periodic or other reports of his business transactions and such other pertinent information as the city reasonably may require;
(l) to require the displaying of such information, including the name and address of the licensee, of the proprietor of the trade regulated, in such places and by such means as the council may prescribe;
(m) subject to subsections (2) to (7), to revoke or suspend or provide for the revocation or suspension of licences on the ground that the licensee is carrying on the trade in an improper manner, or on such other grounds as may be specified and to delegate to a committee of the council or officer of the city or the chief of police the duty of determining whether such grounds exist in any particular case;
(n) without affecting any other remedy which the city may have, where any trade is carried on without a licence, contrary to a by-law, to enforce payment of the licence fee for seizure and sale of the goods found on the premises in which such trade is carried on or of the goods of the person who ought to pay the licence fee wherever they may be found, or in such other manner as the council may prescribe;
(o) to establish a penalty under section 149 for engaging an unlicensed employee or agent to carry on a trade or business in which licensing of the employee or agent is required;
(p) to prescribe the hours or days during which, or the areas or routes within which, the trade subject to licence or regulation may or may not be carried on;
(q) to prescribe definite, or minimum or maximum fees, rates or amounts to be charged or taken for any service performed or supplied by the licensee and the means of enforcing payment thereof;
(r) to prohibit the licensee from dealing with minors under a specified age or admitting them to the licensee's premises;
(s) to provide that any person delivering any commodity to a purchaser with the city shall be deemed to be dealing in such commodity in the city but this shall not apply to farm or market garden produce;
(t) to provide that any billiard, pool or bagatelle table, bowling alley, or other amusement device, had or kept in a house of public entertainment or resort, whether used or not, shall be deemed to be kept for gain, and to provide that any such table, alley or device, or any rink, court or place used for amusement, had or kept for the use of its members by any club, whether incorporated or not, or by any corporation created under The Corporations Act, shall be deemed to be kept for gain; provided that the council may by by-law exempt any club from the operation of a by-law enacted under subsection 523(1) and this clause;
(u) to define "dance hall" and "hall" and to provide that any room in, connected with or used in connection with a restaurant or hotel, or a hall, in which dancing is permitted, shall be deemed to be a dance hall operated for gain, whether or not any charge is made for dancing;
(v) to define "magazine salesman", and, as the council shall consider fit,
(i) to classify the same;
(ii) to fix the licence fee in respect of any class or classes; and
(iii) to exempt any class or classes from any or all of the provisions of any by-law of the city regulating, controlling or licensing magazine salesmen;
(w) in the case of pawnbrokers, auctioneers or dealers in second-hand goods or other persons carrying on trades to, or with whom, in the opinion of the council stolen goods may be sold or left for any reason, to require that any goods purchased by, pledged with or deposited or left with any such person be retained by the person in such place, for such period, and identified in such manner, whether by tags, marks or otherwise, as may be required by by-law or ordered in any particular case by the chief of police;
(x) to require the owner of any theatre to have therein, at all times while an audience is in the building, an adult attendant to see that the aisles and other means of egress are kept clear and maintained in accordance with the city's regulations;
(y) to authorize the supervisor of building inspections, health officer, inspector of licences or other officer of the city, or any of their respective assistants, or a police officer, at all reasonable times, and with the consent of the owner or occupier, but subject to section 155, to enter and inspect premises wherein any trade subject to licence is being carried on;
(z) to pass by-laws for the prevention of boisterous conduct on the part of any person patronizing or being in or about a place subject to licence by the city, or conduct on the part of such person that, in the opinion of the city, is likely to cause damage or bodily harm or to create or increase fire hazard.
For the purposes of clause (1)(m) and clause 437(1)(h), and subject to subsection (6), before a licence is revoked or suspended the council, person or committee responsible for the revocation or suspension shall
(a) hold a hearing at which the licensee may appear with or without counsel and be heard and may call witnesses on his behalf; and
(b) give the licensee reasonable notice of the hearing referred to in clause (a).
The notice shall be in writing and shall include
(a) a statement of the time, place and purpose of the hearing;
(b) a reference to the statutory authority under which the hearing is to be held; and
(c) a statement that if the licensee does not attend at the hearing, the matter may be dealt with in his absence, and he will not be entitled to any further notice in the proceeding.
The notice shall be served on the licensee or mailed to him by registered mail, postage prepaid, at the licensee's last address known to the council, person or committee responsible for the hearing.
Hearing in absence of licensee
Where notice is given to a licensee as provided in this section and the licensee does not attend at the hearing, the matter may be dealt with in the absence of the licensee, and the licensee is not entitled to further notice in the proceeding.
Non-application of subsec. (2)
Subsection (2) does not apply where, in the opinion of council, the licence should be immediately cancelled for reasons of safety, health or emergency.
A copy of the decision made by the council, person or committee responsible for the determination of the matter shall be mailed to the licensee together with written reasons for the decision.
Appeal from cancellation of licence
Every person whose licence is suspended or cancelled or who is refused a licence as a result of a decision or recommendation of an officer of the city or of the Chief of Police, may appeal within 14 days of the decision or recommendation to a judge of the Court of Queen's Bench who may confirm the suspension or cancellation or reinstate or order the issue of the licence.
Subsections 229(2) to (4) apply with necessary modifications to a seizure and sale of goods under clause (1)(n).
The council may pass by-laws
(a) respecting the licensing of, and regulating, the owners of ambulances and ambulance services;
(b) establishing the maximum number of ambulances which may operate in the city or a part thereof; and
(c) giving a person an exclusive right to operate an ambulance or an ambulance service in the city or any part of the city.
Compliance with Public Health Act
No licence shall be issued under a by-law passed under subsection (1) until the applicant for a licence has filed with the city evidence from the Minister of Health that the applicant has complied with the requirements of The Public Health Act and regulations under that Act respecting
(a) the standards of ambulances and ambulance services and vehicles used in providing ambulance services; and
(b) the qualifications of ambulance drivers, attendants and attendant drivers.
By-laws passed under subsection (1) for the purpose of regulating ambulances and ambulance services are supplementary to and not in lieu of the requirements of The Public Health Act and the regulations under that Act.
525(4) and (5) Repealed, S.M. 1997, c. 34, s. 18.
Cost of service added to taxes
Where the council passes a by-law under clause (1)(c) requiring payment for services by the person benefited by such service and by such by-law guarantees the accounts of the persons benefited by such service to the person given the exclusive right to operate an ambulance service, the city may recover its costs of payment on behalf of the person benefited to the ambulance operator by a summary process of law and it may add the cost to the taxes on the land of the person benefited by such service and such cost may be collected in the same manner as other city taxes are collected.
Repealed, S.M. 1997, c. 34, s. 18.
S.M. 1989-90, c. 51, s. 14; S.M. 1992, c. 35, s. 58; S.M. 1997, c. 34, s. 18.
By-laws regarding certain trades
The city may pass by-laws
(a) for regulating the place and manner of selling and weighing meat, vegetables, fish, hay, straw, fodder, wood and farm produce, except grain, of every description, small wares and all other similar articles exposed for sale and the fees to be paid for them;
(b) for regulating or prohibiting the selling or exhibiting for sale of an article of food, confectionery, clothing, hardware or other goods or merchandise in or from a vehicle or in or from a booth, stall or place not being within a building equipped with sewer and water and other sanitary facilities as required in stores by by-law;
(c) for regulating or prohibiting the installation of slot machines, automatic pianos or other similar devices in stores, hotels, restaurants, lodging houses, billiard rooms, pool rooms, parks or other places where the public are admitted;
(d) for regulating or prohibiting exhibitions held for profit, or games or devices, amusement parlours, and other places of amusement, and also phrenologists, palmists, psychic readers, hypnotists, and persons exhibiting themselves or personally demonstrating or exhibiting goods or merchandise or any article, in windows, and for defining "amusement parlours", "palmists" and "psychic readers";
(e) for authorizing the operation, during the whole or certain specified parts of any day, of golf courses operated by the city, whether within the city or not, and golf courses privately operated within the city;
(f) for preventing the carrying on of manufactories or trades dangerous in causing or promoting fire;
(g) for preventing or regulating the storing, handling, conveying or use of, and defining, inflammable, explosive or otherwise dangerous substances, and for erecting or acquiring buildings within or without the city for the purpose of, and requiring and charging for, the storage therein of such substances;
(h) for limiting the number of shops, yards or other places wherein second-hand goods, scrap or junk are stored or dealt in;
(i) for prohibiting endurance contests in walking, dancing and other physical contests of a similar nature, and for prohibiting dog races conducted for gain.
In this section and sections 528 and 529
"mobile house" means, subject to subsection (2), a vehicle that
(a) is so constructed as to be capable of being attached to, and drawn on highways by, a motor vehicle, or which can be propelled by a motor vehicle engine installed therein or thereon; and
(b) is intended to be used, and is used by persons for living, sleeping, eating, or business purposes, or any one or more of those purposes; (« maison mobile »)
"tourist camp" means a camping area, whether or not a rental or other charge is made for the use thereof, that is maintained and used primarily for the accommodation of, and the use for camping purposes by,
(a) automobile tourists, and
(b) other non-residents of the city,
during the whole or part of the period in each year beginning on May 1 and ending on October 31, and includes a building or other structure or facilities intended for, or to be used for, cooking, personal cleanliness, washing, health, or sanitation, or any one or more or all of those purposes, but does not include a trailer park; (« camp de tourisme »)
"trailer park" means an area that is intended to be used, and is used, primarily as a site for the placing or parking of mobile houses, and includes any buildings or other structures or facilities intended for, or to be used for, cooking, personal cleanliness, washing, health, or sanitation, or any one or more or all of those purposes. (« parc de roulottes »)
Removing wheels from mobile house
A mobile house does not cease to be such because it is at any time removed from its wheels and other running gear, or is jacked up and placed on temporary supports, or is both so moved and so jacked up and placed.
Nothing in section 529 or a by-law made under section 529 relieves a person from complying with the requirements of The Public Health Act or The Tourism and Recreation Act or a regulation under those Acts.
The council may pass by-laws
(a) for acquiring one or more parcels of land for use as a tourist camp or a trailer park or for both of those purposes;
(b) for erecting and maintaining or installing, on land acquired for any of the purposes mentioned in clause (a), buildings or other structures or facilities intended for, or to be used for, cooking, personal cleanliness, washing, health, sanitation, or safety, or any one or more of those purposes;
(c) for providing sewer, water, and electrical connections, and other improvements that, in the opinion of the council are necessary, or any one or more of them, to, and in, trailer parks for the use and benefit of the occupants of mobile houses, and providing the necessary water therefor;
(d) providing for the government and use of tourist camps or trailer parks, or both;
(e) designating areas within the city that may or may not be used for a tourist camp or trailer park, or for both those purposes, or for the parking of a mobile house;
(f) prohibiting or regulating the camping of persons in the city in places other than a tourist camp;
(g) prohibiting or regulating parking or standing of a mobile house in the city in a place other than a trailer park, or in an area designated for the purpose by a by-law passed under clause (e);
(h) subject to subsection (2) requiring the owner or occupant of a mobile house
(i) that is parked or standing in a trailer park in the city, or
(ii) that is occupied, and is parked in a place in the city that is not a trailer park,
to obtain from the city a licence for that purpose, and for the issue of the necessary licence;
(i) subject to subsection (3), fixing the fees to be paid for licences issued under a by-law passed under clause (h);
(j) prescribing the manner of payment of licence fees or rental or service charges, in cases where an agreement is made under subsection (5);
(k) for imposing a penalty under section 149 for failure to obtain a licence required under a by-law passed under clause (h);
(l) prohibiting the removal of a mobile house, in respect of which a licence fee that is payable has not been paid, from the city without the consent of the council.
A by-law passed under clause (1)(h) shall not require a licence to be obtained for or in respect of a mobile house, if the clerk or other officer of the city designated for that purpose, is satisfied that the occupant of the mobile house is a bona fide tourist and that the mobile house is being used for vacation or holiday purposes.
The fees fixed under a by-law passed under clause (1)(i) may vary as between mobile houses of different floor area.
Where the city operates a trailer park, in addition to any licence fee charged under a by-law passed under clause (1)(i) it may, subject to subsection (5), charge the owner or occupant of a mobile house to which a by-law passed under clause (1)(h) applies, an amount for space rental, or for service charges for the use of any of the services mentioned in clauses (1)(b) and (c) or for both such rental and such service charges.
The city may enter into an agreement with the owner or occupant of a mobile house to which a by-law passed under clause (1)(h) applies, whereby a licence fee or a rental or service charge, payable under this section may be paid in instalments in advance, as may be prescribed in a by-law passed under clause (1)(j).
Application of certain regulations
Where the city establishes and operates a tourist camp or trailer park, the city shall maintain and operate it in compliance with the regulations made with respect thereto under The Public Health Act and The Tourism and Recreation Act; but the city is not required to obtain a licence or permit under The Tourism and Recreation Act or a regulation under that Act for the operation of a tourist camp or trailer park owned and operated by the city.
Collection of fees by owner of land
Where the council of the city passes a by-law under clause (1)(i) and fixes fees to be paid for licences, the by-law may provide that the owner of the land on which a mobile house is parked or standing shall collect the fee and remit it to the city; and if the owner fails to comply with the by-law, the amount of the fee shall be added to the taxes payable in respect of the land and collected in the same manner as other taxes payable in respect of the land.
Repealed.
S.M. 1994, c. 15, s. 35.
Business not occupying premises
The council may by by-law classify, licence and prescribe fees for businesses that are carried on in the city by persons who do not occupy premises for purposes of their business.
Licence fee in lieu of business tax
The licence fees shall be payable in lieu of business tax and no licence fee in respect of a trade carried on in any premises shall be payable for any year under a by-law passed under this section by a person who for such year and in respect of such premises has been assessed for business tax, or has paid a licence or other fee in respect of the trade or premises under section 185.
The licence inspector shall have the same powers for and there shall be the same priority in collecting licence fees imposed under subsections (1) and (2) as the tax collector has in collecting and as exists for business tax.
The publication in a newspaper, magazine or other periodical of an advertisement or announcement giving the name of a person or the street address of premises or the number of a telephone, and mentioning a kind of work or service the performance or supplying of which or information concerning which may be obtained by applying to the person, or at the address, or by calling the telephone number so published, shall be
prima facie evidence, in a prosecution for breach of a by-law passed under subsection (1) that the person named or the person occupying the premises mentioned or at which the telephone referred to is situated, is carrying on the business of doing or supplying such work or service in the premises.
Activities not subject to licensing
Nothing contained in this Part shall
(a) enable the city to prevent a farmer residing in the province from selling in the city the product of the farmer's own farm without payment of a fee;
(b) apply to the operation of a public utility company in so far as its operations are governed by statute or by agreement with the city;
(c) apply to news vendors employed by a railway company if the employment is exclusively for the business of the company;
(d) apply to news stands in a railway station maintained by a railway company.
Notwithstanding anything contained in The Shops Regulation Act, the city may by by-law provide that the proprietor of a shop affected by a general by-law passed under the Act or a person carrying on a trade affected by a by-law passed under this Act requiring him to close the shop for a specified period between the hours of 12:00 o'clock noon and 6:00 o'clock in the afternoon on a designated day of each week during the whole or a specified part of the year, be permitted to close the shop for such specified period on another day of the week, to be named in the by-law, during the whole or the specified part or parts of the year, instead of the day so designated, on condition that such proprietor, within such time as shall be specified in the by-law, file with the clerk a declaration in writing of his intention so to do.
In each year in which a declaration is filed under subsection (1), the shop shall thereafter be and remain closed on the day specified in the declaration for the period of the day and during the parts of the year specified in the general by-law or during the portion thereof remaining after the time of such filing.
By-law providing for all day closing
The city may also provide that a shop that is required by the provisions of such a by-law or of this section to be closed on any day during a period ending at six o'clock in the afternoon shall remain closed for the rest of that day.
Definition of "shop" and "closed"
In this section and in section 534, the word "shop" means any place in which a trade is carried on, and the word "closed" means not open for business.
By-law extending Saturday hours
Notwithstanding the provisions of The Shops Regulation Act, the city may by by-law provide that the proprietor of a shop affected by a general by-law passed under that Act requiring proprietor to close the shop on Saturday of each week at a specified hour after 6:00 o'clock in the afternoon, may keep the shop open at any time between the hours of 5 o'clock in the afternoon and 12 o'clock midnight on Saturday of each week, if the proprietor files with the clerk within the time specified in the by-law a declaration in writing
(a) that he is the proprietor of a specified shop in which fresh or cooked meats are exposed or offered for sale by retail; and
(b) that on Saturday of each week he intends to keep the shop closed all day until 5 o'clock in the afternoon, and desires to keep it open all or part of the time between that hour and 12 o'clock midnight.
In a by-law passed under subsection (1) the city may specify the period of time in respect of which the declaration shall be filed.
Shop to remain closed until 5 p.m.
In each year or other period in respect of which a declaration is filed under this section by the proprietor of a shop, the shop shall be and remain closed at all times on Saturday of each week until 5 o'clock in the afternoon.
Animals, regulating and licensing
The city shall have power
(a) to regulate, control and licence the keeping or harbouring of any animal including
(i) the power to prevent the keeping or harbouring thereof in the whole or any part of the city;
(ii) the power to establish reduced licence fees for the animals owned by persons aged 65 and over.
(b) to regulate or prevent the running at large of animals and to impound and dispose of an animal causing damage or running at large.
A penalty for breach of a by-law passed hereunder may be imposed whether or not the animal in question in the proceeding be impounded or disposed of.
In this section, "run at large" means not under control either by being
(a) in direct and continuous charge of a person competent to control it; or
(b) securely confined within an enclosure; or
(c) securely fastened so that it is unable to roam at will.
Definition of running-at-large
The city may, for the purposes of this section, by by-law, define the meaning of "run-at-large" as it applies to dogs.
Dogs not permitted to run at large
No owner of, or person in charge of, a dog shall permit it to run at large at any time within the city.
Where a dog is found running at large contrary to subsection (5), on the hearing of an information and complaint against the owner or person in charge of the dog for breach of that subsection, the owner or person in charge shall be deemed to have permitted the dog to run at large unless he satisfies the presiding justice that he took all reasonable precautions to prevent it from running at large.
Every person who contravenes subsection (5) is guilty of an offence and liable to a penalty under section 149.
535(8) to (10) Repealed, S.M. 1998, c. 37, s. 67.
The city may maintain such pounds as may be necessary to accommodate the animals impounded from time to time, and may make regulations governing the conduct thereof and the disposal of unclaimed animals, and establishing the fees and charges to be paid on the release of animals impounded.
Notices may be published in Gazette
A notice of impounding required to be given under a by-law passed hereunder may be published in The Manitoba Gazette, and the fee for an insertion shall be $1.
A justice having jurisdiction in the city, on being satisfied that an animal has caused or is likely to cause damage or injury, may, after notice or summons to the owner of the animal, if such owner is known, order such animal destroyed or impounded, and, whether making such order or not, may assess and award the damages to be paid by the owner of or person harbouring an animal to any person suffering injury or damage caused thereby.
On the hearing of any such matter, the proceedings shall be conducted according to the same rules and the justice before whom the matter comes shall have the same powers in all respects, as are applicable to, and as the justice would have in the case of, a prosecution for breach of a by-law, and there shall be the same right of appeal from any order or award as there is in the case of a conviction for such breach.
Act continues on page 335.
PARKS AND RECREATION
In this Part "park" or "public park" means an area or grounds set aside and used, or principally used, for the purpose of recreation or sports or both, together with the buildings and other structures and facilities, if any situated therein or thereon, and includes zoological gardens, botanical gardens and recreational areas together with buildings and other structures and facilities situated therein or thereon, and also includes squares, avenues, boulevards and drives therein or used in association therewith.
Definition of "community centre"
In this Part, "community centre" means any public land improved, or buildings equipped, to provide activities for public use.
Subject to The Expropriation Act, council may pass by-laws,
(a) for acquiring land by purchase, donation or expropriation for, and establishing, laying out and improving and maintaining, public parks or community centres in the city;
(b) for laying out, improving, maintaining, and managing land taken or acquired under clause (a);
(c) for expending the monies of the city for any of the purposes mentioned in clause (a) or (b).
The city may accept as a gift for public park purposes any land previously dedicated or set apart as a park, or garden, or as a recreation or ornamental ground, for the use or enjoyment of owners of adjoining or neighbouring land.
S.M. 1989-90, c. 52, s. 7; S.M. 1997, c. 34, s. 20.
The council may provide, in a park controlled by it, facilities for all forms of recreation and may pass by-laws for the use, regulation, protection, government and operation of the park and fixing the charges for admission to and use of the park or any part of the park.
The council may
(a) permit any lawful activity in any of its parks and fix rates and charges for the activity, and for any use, service or facility, on any day, including Sunday;
(b) permit the operation of pony rides, sleigh rides, mechanical trains, farming activities, aquatic activities, and other similar form of amusement and recreation in any of its parks;
(c) rent equipment used in connection with any such activity;
(d) authorize the operation of any of the activities set out in clauses (a), (b), or (c) on any day including Sundays; and
(e) grant a person the right to operate a concession within a park.
The city may pass by-laws prohibiting or regulating the driving or parking of vehicles in a public park.
The council may appoint a person to operate, manage, and supervise the parks of the city under the general direction and control of the council.
The city may appoint a peace officer to maintain order and protect public or private property in a park, and may vest the officer with the authority to cause any person to be removed from a park where the officer finds the person
(a) contravening a by-law that applies to the park; or
(b) disrupting order or causing damage to public or private property in the park.
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.
Repealed.
S.M. 1996, c. 58, s. 477; S.M. 1997, c. 34, s. 24.
The city may pass by-laws
(a) designating areas of the city for which a community centre is established and intended to serve;
(b) concerning the management and operation of a community centre;
(c) regarding anything necessary for the establishment, operation or closing of a community centre.
Recreation and education programs
The city may operate and fix fees for activities and recreation programs for the public.
UTILITIES AND OTHER UNDERTAKINGS
In this Act "utility" means any system, works, plant, pipe line, equipment or service
(a) for the production, transmission, delivery or furnishing of water, electricity, gas or steam heat; or
(b) for the conveyance of persons or goods; or
(c) for the collection and disposal of sewage either directly or indirectly, to or for the public and includes any system, works, plant, pipe line, equipment, or service, declared to be a public utility under section 2 of The Public Utilities Board Act; or
(d) for the collection and disposal of solid waste and refuse.
S.M. 1993, c. 2, s. 25.
Subject to The Manitoba Hydro Act, the city shall have power to enter into negotiations with, and to purchase and acquire the whole properties and undertakings of any company, board or person, owning or operating any public utility, including any street railway system, gas works, electric light and power plant and distribution system and electric power generating plant situated within the province or such part thereof as may be agreed on, at a price to be agreed on between the city and the company, board or person, or at a price to be determined by arbitration if the city and such company, board or person shall so agree; and the city shall have power to create a debt to provide for the payment of the price agreed on or determined as aforesaid, by the issue and sale of debentures specially secured and charged upon any property, undertaking or public utility so purchased by it or as an ordinary debenture debt of the city at large, bearing such rate of interest and redeemable at such period, not exceeding 50 years, as may be fixed in the by-law creating the debt.
Operation of electrical utility
The power to operate a utility under subsection (1) is limited, in the case of an electrical distribution system, to that area of The City of Winnipeg formerly known as The City of Winnipeg before January 1, 1972.
Ancillary to any power given to the city to establish, undertake, operate or carry on any service, utility, business, undertaking or work (hereinafter referred to as an "undertaking"), the city shall be deemed to have the power
(a) to add to, improve, extend or enlarge any system, plant or other property whatsoever, whether real or personal, used by the city for or in connection with any such undertaking;
(b) to acquire, construct, improve, install, maintain, operate and use, within or without the city, all land, roads, buildings, springs, wells, watercourses, reservoirs, artificial lakes, transmission lines, plant, equipment, machinery, apparatus, pipes, wires and things expedient or necessary or capable of being used for or in connection with such undertaking, or any additions, enlargements, improvements or extensions thereto, and also to construct and operate tramways between any plant belonging to or operated by the city and the lines of a railway company or arrange with a railway company for the construction and use of railway tracks and sidings;
(c) to acquire and use water power, water-power rights, and any patents, inventions, licences and privileges;
(d) to deal in any by-products resulting from the carrying on of any such undertaking;
(e) to use any street or highway for any purpose connected with any such undertaking;
(f) to hypothecate, pledge, mortgage, sell, assign or otherwise dispose of any personal property or any patent, licence, right or privilege; and
(g) to do all other acts, matters and things necessary or convenient for the establishing, enlarging, repairing or carrying on of any such undertaking.
Separate books of account shall be kept by the city showing its receipts and disbursements, assets and liabilities, in respect of each utility operated.
Notwithstanding anything contained in The Public Utilities Board Act, the city may fix such price, rate or rent as the council may deem expedient to fix for any energy, power, commodity, water or service which it supplies and in fixing such rate need not make any application to or
procure an order of or the assent or approval of The Public Utilities Board, the intention being that the city may levy such rate or rent for the purpose of and as a means of securing revenue for the general purposes of the city and not for furnishing such services to the citizens at cost.
Equalization of rates by agreement
As soon after the coming into force of this Act as is practicable, the city and the Manitoba Hydro-Electric Board shall enter into an agreement to establish equal rates or prices for the sale of electrical energy to consumers throughout the city, for each category or class of consumer; and after making the agreement, the parties shall forthwith establish or determine the rates or prices provided in the agreement.
If the Lieutenant Governor in Council is of the opinion that the agreement referred to in subsection (2) has not been made within a reasonable time after this Act comes into force, he may refer the establishment of rates or prices to the Public Utilities Board and that Board shall make an order establishing equal rates or prices for the sale of electrical energy throughout the city for each category or class of consumer.
An order made by the Public Utilities Board under subsection (3) is binding on the city and the Manitoba Hydro-Electric Board and forthwith after the order is made, they shall establish or determine the rates or prices in accordance with the order.
Power to impose electricity tax
Until the establishment of equal rates or prices for the sale of electrical energy under this section, the city may exercise the powers delegated by section 667 only in respect of consumption of electrical energy in the former City of Winnipeg.
The city may establish rates for any energy, power, commodity, water or service which it supplies and may
(a) make regulations with regard to the collecting of rates, the giving of discounts for prompt payment or payment in advance, the adding of penalties to rates in arrear, the handling of funds and the keeping of accounts;
(b) enforce payment of rates and penalties by shutting off the supply of or discontinuing the particular energy, power, commodity, water or service in respect of which such rates and penalties are payable, or by suit at law before any court of competent jurisdiction, or by distress and sale of the goods and chattels of the occupant of the property in which such energy, power, commodity, water or service is consumed or used, or of any goods and chattels in the occupant's possession wherever they be found within the city, such distress and sale to be levied and made in the same manner, so far as may be, as a distress and sale by law on a tenant for rent, and to provide that all such rates and penalties until paid shall be a lien on such property, and that in the case of rates, penalties and charges for water supplied or services rendered in connection with the waterworks utility, the same may be added to the taxes on such property and collected in the same manner as ordinary municipal rates;
(c) with the consent of the owner or occupier, but subject to section 155, enter on any premises for the purpose of
(i) affixing to any pipe, wire or apparatus connected with any such utility a meter or any other measuring or testing device;
(ii) taking readings from, repairing, inspecting or removing any meter or apparatus belonging to the city;
(iii) inspecting any wire, pipe, appliance or thing connected with or intended to be connected with any electrical, waterworks or other system operated by the city;
(d) make regulations
(i) for preventing the pollution of any water in the city's waterworks system or any source of supply thereof, or any unauthorized interference with such system or source of supply;
(ii) for preventing any person from reselling or giving away any energy, power, commodity or service supplied by the city or disposing thereof in any other manner than by use or consumption on the premises to which it is supplied;
(iii) for preventing the waste of any such energy, power or commodity supplied by the city, or the taking, using or consuming thereof in any greater quantity or at any greater rate than is specified by by-law;
(iv) for preventing the making of any unauthorized connection with any pipe, wire, or apparatus belonging to any such utility, and for preventing any person from fraudulently obtaining any energy, power, commodity or service therefrom;
(v) for controlling the number and kind of pipes, wires, fixtures and appliances which may be connected with any utility operated by the city, and the method of connection;
(vi) in addition to any other remedy, for enforcing such regulations by cutting off the supply to the person offending of such energy, power, commodity or service;
(e) make regulations regarding the method of estimating consumption where not properly measured due to any lack or defective operation of any meter or apparatus, or any other cause, and enforcing payment of the proper rates for such estimated consumption;
(f) make any other regulations which the city shall deem necessary or expedient with regard to the use or consumption of any electricity, gas, water, steam, or other energy, matter or thing produced or distributed by the city in operating any of its utilities, or with regard to the installation of meters, the laying or placing of service pipes or wires in the consumer's premises and the collection of the cost thereof, or any other matter connected with the carrying on of any such utility;
(g) without securing any licence or other authority that may be prescribed, or required, under any Act of the Legislature or under any by-law, rule, or regulation made under any such Act, to
(i) undertake and carry out for and on behalf of any user or potential user of power supplied, or intended to be supplied, by the city, or assist in any manner any such user or potential user to undertake and carry out, on such terms and conditions as the city may approve, the installation of electric wiring and related facilities using or intended to use power, and the preparation of plans, specifications, and estimates relating thereto, with a view to improving the usefulness, efficiency, or safety of the power supplied, or to be supplied, by the city to such user or potential user,
(ii) render engineering or other services to any user or potential user of power supplied by the city,
and charge and collect from any such user or potential user the cost of any such work done, services rendered, or assistance given for or to the person or on behalf of the person.
Subsections 229(2) to (4) apply with necessary modifications to a distress and sale of goods and chattels under clause (1)(b).
Every meter, wire, pipe, or other apparatus installed by the city in any premises shall, unless purchased and completely paid for by the owner or occupant of the premises, remain the property of the city and shall not be liable to distress, seizure or attachment.
City not liable for pipe breakage
The city is not liable for damages caused by
(a) the breaking of any pipe, wire, meter or other apparatus except where it is established that the break is due to the negligence of the city; or
(b) the shutting off of electricity, gas, water or other service because of accident or the necessity of making repairs; or
(c) any discontinuance of service in accordance with the provisions of this Act or the regulations made hereunder.
The city may
(a) subject to the provisions of The Manitoba Hydro Act, acquire, produce by any means whatever, transmit, distribute and sell, within or without the city, electrical energy, gas or steam or any form of, or substance capable of being transformed into, heat or energy, such acquisition, production, transmission, distribution and sale, in respect of any such form of energy or commodity, being referred to herein as a "utility";
(b) as part of the operation of any such utility, carry on the business of the sale of appliances or things capable of conducting, using or transforming into use, any such energy or commodity;
(c) establish rates for the sale of any such energy or commodity delivered to the consumer or kept available at his premises, or for any stand-by or other service supplied by the city, and for rental of any meter or other apparatus.
It shall be the duty of the city to ensure a supply of water from any permanent source, whether inside or outside the province, for the use of the inhabitants of the city and for that purpose, the city may extend its operations and exercise its powers outside of the limits of the province, subject to the city obtaining any legal rights that may be required therefor from Her Majesty in right of Canada or in right of any other province, or from the Parliament of Canada or the legislature of any other province or from any other proper legal authority.
Power of city as to waterworks
The city may design, construct, build, purchase, improve, add to, extend, hold, and generally maintain, manage, and conduct waterworks and all buildings, matters, machinery, and appliances therewith connected or necessary thereto, including plants and equipment considered necessary for furnishing power for the operation of the waterworks.
Additional powers as to water supply
For the purpose of supplying water under section 553, the city has the powers and rights conferred on the Metropolitan Corporation under Part V11 (Waterworks System) of The Metropolitan Winnipeg Act, as contained in Schedule A to this Act, immediately before the repeal of that Act and, for the purpose of conferring those powers and rights on the city, the Act shall, to that extent, be deemed to be in force.
For the purpose of recovering a portion of the capital cost of the waterworks system, or any part of it, as the cost may exist from time to time, the council may by by-law impose on a person, firm or corporation applying for a permit to construct or enlarge a building, a connection charge or charges payable in the form of a sum of money to the city.
Calculation and collection of charge
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.
Control over waterworks system
The city shall have full, entire and exclusive possession, control, and management, of the said land, undertakings, and waterworks, and all things appertaining to them, and may prosecute or defend an action, suit or process at law or in equity, against or by a person
(a) for money due for the use of water;
(b) for the breach of any contract, expressed or implied, touching the execution or management of the works or the distribution of the water, or of any promise of contract made to or with a person;
(c) for an injury, damage, trespass, nuisance, or other wrongful act done, omitted or suffered to the land, works, watercourse, sources of water supply, pipes, machinery or any apparatus belonging to or connected with a part of the works; or
(d) for any improper use or waste of the water.
Accounts may be payable in advance
Council may provide that rates for water or for sprinklers, stand-by or other service supplied in connection with the waterworks shall be due and payable in advance for any month, quarter or other period, and that, subject to later adjustment, bills for water supplied may be calculated in advance by a designated officer of the city on an estimated consumption, as defined and authorized by by-law.
Where, in the opinion of council, a corporation or person having a plant or establishment outside the city requires for the regular supply of that plant or establishment a quantity of water that justifies the city in making an agreement for the supply of it, the city may enter into a contract with the corporation or person for the supply of the water for a period not exceeding 20 years.
City may alter position of meter
In placing or having placed a meter in premises connected with its waterworks for the purpose of measuring the water consumed, the city may, for the purpose of protecting or regulating the use of the meter, at the expense of the owner or occupant of the premises, alter the position of the meter or of any pipe, connection, or tap, and the expense of the alterations while unpaid shall be a lien or charge on the property on which the work is done, and on the goods and chattels of the person owing the amounts situated on the property.
Payment of cost of installing pipes
Except as provided in an agreement made under subsection 605(1), or a condition imposed or agreement made under section 637, the owner of a building connected to the city's waterworks main shall pay, by lump sum, the cost of installing service pipes from the main to the city's control valve adjacent to the street line and the cost of disconnecting the service pipes at the watermain where that service is no longer required, and the city shall pay the cost of keeping the service pipes in repair.
The work of laying and keeping in repair the service pipe between the control valve and any building to which the service pipe is required to be taken shall be done by the owner of the building, or the city may do the work and charge the cost to the owner, provided that if the service pipe enters a building through a wall, whether of the building or of an area or other structure, which is wholly or partly on the street, the owner of the building shall be responsible for the laying and maintaining of the service pipe from a point two feet outside the point where it enters the wall.
Notwithstanding the provisions of subsection (1), the city shall not be required to pay any of the cost of installing or keeping in repair a service pipe connected or intended to be connected with a sprinkler system, standpipe, or other privately owned apparatus for fire extinguishing purposes, or a waterworks service pipe to any land or premises where such service is regarded by the city as likely to be in use for temporary or seasonal periods only, and the city may pass by-laws prescribing the terms and conditions on which any
of the services mentioned in this subsection may be installed, used or discontinued, or, if heretofore installed, may be used or discontinued.
The city shall have the same rights in enforcing payment of the cost, as certified by the engineer, of any work done by it in maintaining, repairing, renewing or removing any such service pipe, or any loss, expense or damage incurred or suffered by the city arising out of the existence, use or non-repair of any such service pipe, as it would have for water supplied to the premises to which such service pipe leads.
The service pipe, including its fittings, from the control valve to the point in the building where the consumption of water is measured by the city, shall not be interfered with by the owner of the building, or by the owner's tenant or agent, except to make necessary repairs to the service pipe, and if any damage is done to this portion of the service pipe or its fittings, either by neglect or otherwise, and the owner fails to make the necessary repairs, the city may, in addition to its other remedies, repair it and charge the cost to the occupant or owner of the premises.
The city may also do any other work on the owner's premises necessary to safely and efficiently maintain a supply of water to and in the premises, and may charge the cost of the work to the owner.
Obtaining payment of cost of work
The city shall have the same rights in enforcing payment of the cost of any work done by it hereunder as it has in connecting rates for water supplied.
Any work done by the owner as herein provided shall be done to the satisfaction of the director.
Contamination from cross connection
When a person having pipes connected with the city water mains has at the same time an independent source of water supply connecting therewith, the employee designated by council may, in case of danger from contamination of the water in the city mains through the connection, cut
off or stop the supply of water from the city mains to the person, and there shall be no liability for damages or other compensation in respect thereof.
The city is not liable for damages caused by the shut-off or reduction of the amount of water supplied to any person in cases of emergency or breakdown or when it is necessary in maintaining or extending the system.
Where the supply of water by the city to any person, firm or corporation is interrupted or reduced, it shall not be deemed to be a breach of contract, or to entitle any person, firm or corporation, to rescind any contract, or release any guarantor from the performance of the guarantor's obligation.
Damages caused by quality of water
The city is not liable for damages caused by the quality or content of water supplied unless the water does not meet the accepted standards of purity established by provincial health regulations.
Penalty for taking water wrongfully
Any person who lays or causes to be laid any pipe or main to communicate with any pipe or main of the city's waterworks, or in any way obtains or uses any water thereof, without the consent of the city is guilty of an offence and liable to a penalty under section 149.
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 waterworks, plant, or equipment or water supply; or
(b) wilfully or maliciously lets off or discharges any water so that it runs waste or useless out of the city's waterworks system; or
(c) throws or deposits any injurious, noisome, or offensive matter into the water or the city's waterworks or on the ice, or in any way fouls them or commits any wilful damage or injury to the city's waterworks or water, or encourages any of those things to be done;
is guilty of an offence and liable to a penalty under section 149.
Penalty for water supply pollution
Any person who
(a) bathes or washes, or cleanses any cloth, wool, leather, skin, or animal, or places any nuisance or offensive thing, in any lake, river, pond, source, or fountain from which the water of the city is obtained and within one mile from the source of supply for the waterworks; or
(b) conveys, casts, throws, or puts, any filth, dirt, dead carcasses, or other noisome or offensive thing in any of the waters mentioned in clause (a) and within the distance therein mentioned from the source of supply; or
(c) causes, permits, or suffers, the water of any sink, sewer, or drain to run or to be conveyed into any of the waters mentioned in clause (a); or
(d) causes any other thing to be done whereby the waters mentioned in clause (a) may in anywise be tainted or fouled;
is guilty of an offence and liable to a penalty under section 149.
The city may construct, acquire, maintain, and operate, a railway or tramway, to be operated by steam, electricity, gasoline, or other motive power, with all required motive power, rolling stock, and all other appliances, matters or things required for the construction, maintenance and operation of any such railway or tramway.
The city may enter into agreements
(a) to give to any other person, firm, corporation, or municipality, operation privileges or running rights over the whole or any portion of any such railway or tramway;
(b) to obtain from any person, firm, corporation, or municipality, operation privileges or running rights over any portion or portions of any railway owned or being operated by any person, firm, corporation, or municipality.
Powers respecting branch lines
The city may acquire, construct, maintain, and operate, branch lines or spur tracks, each not exceeding ten miles in length, from any point or points on its railway or tramway; and for those purposes the city shall have the same rights, powers, and authorities, and shall make to the proprietors of any land taken for those purposes, compensation in the same manner, as if the branch lines or spur tracks were part of the main line.
The city may acquire, by purchase, lease, or otherwise, timber berths or timber leases and quarrying leases and quarries, of all kinds, from Her Majesty in right of Manitoba or from any other person, firm, or corporation; and may hold, own, and operate them, and sell, transfer, assign, lease or sublet them.
Every person who trespasses on the aqueduct, yards or railway tracks, of the city or any part thereof, or causes or permits livestock to stray, or be at large thereon, except where the railway tracks are laid across a highway, is guilty of an offence.
In this Part
"chartered bus service" means, subject to subsection (2), service by means of a bus that is engaged solely to transport the persons engaging it on one occasion or for one trip to a stated destination and, if so required, return therefrom to the point of origin; (« service d'autobus nolisé »)
"local passenger transportation service" means a service whereby, for fixed fares, persons are, within the city, taken on a transporting vehicle and transported therein to a place within the city at which they alight; (« service local de transport de passagers »)
"operating expenses", with respect to any fiscal year of the city, means all administration, management, and other expenses of every kind incurred in that fiscal year in connection with the operation of all plants and properties of the city used in connection with the transit system and, without limiting the generality of the foregoing, includes
(a) reasonable repairs and maintenance, insurance, taxes, interest, and pension or superannuation fund payments in respect of current services incurred or payable in that fiscal year;
(b) an amount equal to
(i) the provision made by the city for depreciation of the transit system in that fiscal year; or
(ii) the aggregate of sinking fund payments in respect of sinking fund debentures issued by Greater Winnipeg Transit Commission, or issued under The Metropolitan Winnipeg Act, or issued under this Act by the city in respect of the transit system, and the principal payments falling due in that fiscal year in respect of any instalment or serial debentures, and the annual principal payments required to be made by the city in that fiscal year in respect of pensions or superannuation allowances to persons employed in the administration or operation of the transit system;
whichever is the greater; and
(c) such other provisions or reserves as the city may deem necessary and as may be required in accordance with good accounting practice; (« dépenses d'exploitation »)
"operating loss", with respect to any fiscal year of the city, means the excess of the aggregate amount of all operating expenses resulting from the operation of the transit system over the aggregate amount of all operating revenue derived from that operation, for that fiscal year; (« pertes d'exploitation »)
"operating profit", with respect to any fiscal year of the city, means the excess of the aggregate amount of all operating revenues derived from the operation of the transit system over the aggregate amount of all operating expenses resulting from that operation, for that fiscal year; (« profit d'exploitation »)
"operating revenues" means all revenues of the city from the operation of all plants and properties of the city used in connection with the transit system and revenues from all other sources that relate to, or are applicable to, the transit system or the operation thereof; (« revenus d'exploitation »)
"transit system" means the Winnipeg transit system. (« réseau de transport »)
The council may, by by-law, establish certain other types of bus service, available only during a maximum period fixed in the by-law, that shall be deemed to be chartered bus services within the meaning of this Part, and may prescribe in the by-law specific charter rates for the services.
Transit service outside the city
The city and any municipality may enter into an agreement under which the city undertakes to provide local passenger transportation service to a municipality or part thereof, as part of or in connection with the transit system; and the agreement shall provide that the municipality shall reimburse the city for any operating loss incurred by the city in providing that service in that part of the municipality; and where such an agreement is entered into the city may provide that service in that part of the municipality.
S.M. 1989-90, c. 52, s. 11.
The city may
(a) construct, maintain, operate, extend, alter, repair, control, and manage a local transportation system within the city by means of surface, underground, or overhead railways, tramways, or buses including chartered bus services, or any other means of local transportation service except taxis;
(b) establish new local passenger transportation services in the city as and when required and alter, curtail, or abolish any services if the council considers it desirable so to do;
(c) fix such tolls and fares, and establish such fare zones, as, in the opinion of the council, are reasonable and just having regard to the cost of maintaining and operating the transit system including the payment, as they become due, of all debts of the city that relate or are attributable to, or were incurred in respect of, the transit system;
(d) establish passenger transportation service from the city to Bird's Hill Provincial Park and return under such terms as to fares, schedules and conditions, as may be prescribed by by-law of the council.
Except in accordance with an agreement made under subsection (2), no person other than the city shall operate a local passenger transportation service within the city, with the exception of
(a) railways;
(b) taxis;
(c) buses owned and operated by a school board or private school for school purposes;
(d) buses operated as a chartered bus service; and
(e) buses owned and operated by any corporation or organization solely for the purposes of the corporation or organization if no fare or fee is charged for transportation.
Agreement for private operation
Subject to subsection (3), the city may make an agreement with any person whereby that person will operate a local passenger transportation service of such kind, and in such part of the city as is specified in the agreement.
An agreement made under subsection (2) has no force or effect unless
(a) it is approved by The Motor Carrier Board or The Public Utilities Board; and
(b) the person with whom it is made is authorized by The Motor Carrier Board or The Public Utilities Board, to operate the service;
and the operation of any such local passenger transportation service is, in all respects, subject to the authority and supervision of The Motor Carrier Board or The Public Utilities Board.
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