.png){kind=small}
REPEALED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 |
PLANNING AND DEVELOPMENT
In this Part,
"adjacent area" means an area adjacent to land that is the subject of an application under this Part, and includes an area separated from the land by a highway or waterway; (« secteur adjacent »)
"airport vicinity protection area" means the area adjoining the Winnipeg International Airport established as an airport protection area in a Plan Winnipeg by-law; (« zone tampon de l'aéroport »)
"board of adjustment" means the board of adjustment established under section 649; (« Commission de redressement »)
"conditional use" means a use of a building or land that might be permitted in a development classification as provided for in a development by-law; (« usage conditionnel »)
"construction" has the same meaning as it has under Part 15; (« construction »)
"development" means the construction of a building on, over or under land, a change in the use or intensity of use of a building or land, the removal of soil or vegetation from land, the deposit or stockpiling of soil or material on land, and the excavation of land; (« aménagement »)
"development by-law" means a by-law passed under section 589, and includes a by-law to amend or repeal a by-law passed under section 589, and a by-law deemed under section 590 to be a development by-law; (« arrêté d'aménagement »)
"development permit" means a permit authorizing a development that is subject to a development by-law; (« permis d'aménagement »)
"heritage resources" has the same meaning as it has under The Heritage Resources Act; (« richesses du patrimoine »)
"parcel" means the aggregate of all contiguous lands described in a certificate of title; (« parcelle »)
"plan of subdivision" means a plan of subdivision prepared in accordance with The Real Property Act; (« plan de lotissement »)
"Plan Winnipeg" means a by-law that sets out the long term plans and policies of the city respecting land use, development, transportation and measures to improve the physical, social, economic and environmental conditions in the city; (« plan de la Ville de Winnipeg »)
"Plan Winnipeg by-law" means a by-law passed under this Part to amend or replace Plan Winnipeg; (« arrêté portant sur le plan de la Ville de Winnipeg »)
"secondary plan" means a statement of the city's policies and proposals for the development, redevelopment or improvement of an area of the city; (« plan secondaire »)
"secondary plan by-law" means a by-law passed under this Part that establishes, amends or replaces a secondary plan; (« arrêté portant sur un plan secondaire »)
"sensitive land" means
(a) land susceptible to flooding, unstable slopes, erosion or poor drainage,
(b) areas of special significance for animal, bird or plant life, including wetlands, forests and nesting areas, and
(c) land on which any development is likely to harm ecological diversity; (« bien-fonds sensible »)
"subdivision" means the division of land by an instrument, including a plan of subdivision, conveyance, deed, mortgage or grant or an agreement granting or extending a use of or right in land, directly or by entitlement to renewal, for a period of 21 years or more, but does not include a lease respecting only floor space in a building; (« lotissement »)
"variance" means the modification of a provision of a development by-law but does not include any change of use other than an order of variance of a use described in subsection 608(4) or (5); (« dérogation »)
"waterway" has the same meaning as it has under Part 15.1. (« cours d'eau »)
Repealed, S.M. 1998, c. 37, s. 71.
Meaning of "committee of council" in s. 641(4), 643(2) and (3)
In subsection 641(4), 643(2) and 643(3), "committee of council" means executive policy committee or a standing committee designated for the purpose of those subsections under a by-law passed under this Part.
S.M. 1989-90, c. 52, s. 12; S.M. 1991-92, c. 15, s. 18; S.M. 1992, c. 37, s. 11; S.M. 1993, c. 2, s. 26; S.M. 1995, c. 20, s. 5; S.M. 1998, c. 37, s. 71.
Regulations re airport vicinity protection area
The Lieutenant Governor in Council may make regulations
(a) respecting the establishment by council of an area of the city adjoining the Winnipeg International Airport to be included in the airport vicinity protection area;
(b) establishing policies for the use of land and buildings and for development in the airport vicinity protection area so as to ensure that the use of land and buildings and development are compatible with the operations of the Winnipeg International Airport and requiring that any Plan Winnipeg by-law be consistent with those policies;
(c) requiring a development by-law to control or prohibit any use of land or buildings or any development in the airport vicinity protection area or any part of it so as to ensure that the use of land or buildings and development are compatible with the operations of the Winnipeg International Airport.
Regulations under clause (1)(a)
In a regulation under clause (1)(a), the Lieutenant Governor in Council may require such steps to be taken as the Lieutenant Governor in Council considers necessary to ensure the coordination of the establishment under this Act of the area of the airport vicinity protection area in the city and the determination under The Planning Act of the area of an airport vicinity protection area.
S.M. 1993, c. 2, s. 27.
PLANNING
PLAN WINNIPEG
Greater Winnipeg Development Plan
The Greater Winnipeg Development Plan, By-law No. 2960/81, as amended, is deemed to be Plan Winnipeg.
S.M. 1989-90, c. 52, s. 13; S.M. 1991-92, c. 15, s. 18.
PLAN WINNIPEG BY-LAW
Amendment or replacement by by-law
Council may amend or replace Plan Winnipeg by a Plan Winnipeg by-law passed in accordance with this Part.
Content of a Plan Winnipeg by-law
A Plan Winnipeg by-law shall contain plans and policies respecting the following:
(a) the sustainable use of land and other resources;
(b) sustainable development;
(c) the physical, social, economic, fiscal and environmental conditions and trends within the city;
(d) the present and projected size, composition and distribution of the population;
(e) the provision of services and facilities with respect to
(i) public health, welfare and education,
(ii) the protection of persons and property,
(iii) transportation,
(iv) communication,
(v) the collection, treatment and disposal of solid and liquid waste,
(vi) the control and abatement of pollution and activities detrimental to the environment,
(vii) the supply and distribution of potable water,
(viii) recreation and parks, and
(ix) land drainage;
(f) the provision and rehabilitation of housing;
(g) the revitalization of residential, commercial and industrial areas;
(h) the protection, management and enhancement of sensitive land, agricultural land, open space and waterways;
(i) the preservation, management and enhancement of heritage resources;
(j) the provision and coordination of programs respecting the economic, social and physical environment, and the health, welfare and safety of people;
(k) measures and procedures that council considers necessary or advisable to implement Plan Winnipeg;
(l) the fiscal capacity of the city to implement policies set out in Plan Winnipeg;
(m) such other matters as the minister or council considers necessary or advisable.
Plan Winnipeg by-law for airport vicinity protection area
A Plan Winnipeg by-law shall
(a) in conformity with the regulations, if any, made under clause 574.1(1)(a), establish an area in the city adjoining the airport as an airport vicinity protection area; and
(b) in conformity with the regulations, if any, made under clause 574.1(1)(b), contain plans and policies, in addition to those described in subsection (2), for the use of land and buildings and for development in the airport vicinity protection area so as to ensure that the use of land and buildings and development are compatible with the operations of the airport.
S.M. 1991-92, c. 15, s. 18; S.M. 1993, c. 2, s. 28.
REVIEW OF PLAN WINNIPEG
Council shall review and, by by-law, re-adopt or replace Plan Winnipeg
(a) as and when required to do so by an order made under section 578; and
(b) at least once within five years after each re-adoption or replacement of Plan Winnipeg, subject to such extension of time as the minister allows.
A review of Plan Winnipeg shall include a comprehensive examination of the plans and policies in Plan Winnipeg, and public hearings to obtain representations from citizens, organizations and agencies respecting the review of Plan Winnipeg.
S.M. 1989-90, c. 52, s. 15; S.M. 1991-92, c. 15, s. 18; S.M. 1996, c. 48, s. 6.
Minister may order review or amendment
After consulting with council, the minister may in writing order council to review Plan Winnipeg or pass a Plan Winnipeg by-law to amend, replace or re-adopt Plan Winnipeg within a time specified in the order, subject to such extensions of time as the minister may further order.
S.M. 1991-92, c. 15, s. 18.
PROCEDURE FOR PLAN WINNIPEG BY-LAW
579(1) and (2) Repealed, S.M. 1996, c. 48, s. 7.
After first reading and before second reading of a Plan Winnipeg by-law, executive policy committee shall as soon as practicable give notice of, and conduct, a public hearing in accordance with sections 632 to 645.
Second reading of proposed by-law
After receiving a report under subsection 642(2), council may without further notice give second reading to the proposed Plan Winnipeg by-law, in its original form or as amended.
Notice of rejection of proposed by-law
Where a proposed Plan Winnipeg by-law is rejected under subsection (4), council shall as soon as practicable in writing advise the minister and any person who makes a representation at the public hearing referred to in subsection (3).
S.M. 1989-90, c. 52, s. 16; S.M. 1991-92, c. 15, s. 18; S.M. 1996, c. 48, s. 7.
Submission to minister for approval
As soon as practicable after a proposed Plan Winnipeg by-law is approved on second reading under subsection 579(4), council shall submit to the minister
(a) five certified copies of the proposed by-law;
(b) a copy of the report and recommendation of executive policy committee respecting the proposed by-law;
(c) such other information and material as the minister may request;
and council shall not pass the proposed by-law until the minister approves it in writing.
Council to give notice of second reading
Immediately after complying with subsection (1), council shall cause a written notice to be served personally or by mail on any person who made a representation at a public hearing referred to in subsection 579(3), stating that
(a) council has given second reading to the proposed by-law;
(b) a copy of the proposed by-law has been forwarded to the minister for approval; and
(c) a person who made representations at the public hearing may file an objection with stated reasons with the minister on or before a date specified in the notice, which shall be not less than 14 days after the day on which the notice is served.
A notice served by mail under subsection (2) shall be sent to the address of the person to be served, as recorded at the public hearing, and is deemed to be served on the person on the day that Canada Post confirms is the day on which the notice is delivered to the address to which it is mailed.
S.M. 1991-92, c. 15, s. 18.
When the minister receives a Plan Winnipeg by-law and any objection to the by-law under subsection 580(2), the minister may
(a) approve or reject the proposed Plan Winnipeg by-law in writing;
(b) approve the proposed Plan Winnipeg by-law, subject to conditions, in writing; or
(c) refer the proposed Plan Winnipeg by-law to The Municipal Board.
Provincial interest in planning and development
In reviewing a proposed Plan Winnipeg by-law, the minister shall consider matters of interest and concern to the citizens of the province, including
(a) protection and management of the environment;
(b) sustainable economic growth;
(c) protection of significant natural resources and heritage resources;
(d) the supply, efficient use and conservation of resources;
(e) the provision of communication and transportation facilities and services;
(f) the equitable distribution of educational, health and other social services and facilities;
(g) the health, safety and welfare of the population;
(h) coordination of planning activities by municipalities, planning districts and other bodies;
(i) the fiscal well being of the city;
(j) enhancement of the economic, social and physical well being of the province, the city and other municipalities and their citizens;
(k) such other matters as the minister considers necessary or advisable.
Approval and adoption of by-law
Where under subsection (1) the minister approves a proposed Plan Winnipeg by-law or approves it subject to conditions, the minister shall forward the proposed by-law to council which may, if it complies with any conditions on the approval, pass the by-law, and forward two certified copies of it to the minister.
Where a proposed Plan Winnipeg by-law is referred to The Municipal Board under clause (1)(c), the board shall give notice of a public hearing in accordance with subsection 632(5), conduct a public hearing and submit a report and recommendations to the minister.
Adoption of by-law after Mun. Board report
After receiving the report of The Municipal Board under subsection (4), the minister shall give written notice to council of his or her decision respecting a proposed Plan Winnipeg by-law, and where the minister approves it or approves it subject to conditions, council may, if it complies with any conditions on the approval, pass the proposed by-law and forward two certified copies of it to the minister.
S.M. 1991-92, c. 15, s. 18; S.M. 1995, c. 20, s. 6.
Referral of Plan Winnipeg by-law to L.G.C.
Where council fails to adopt an amendment to a Plan Winnipeg by-law requested by the minister under subsection 581(3) or (5) within the time prescribed by the minister, the minister may refer the proposed amendment to the Lieutenant Governor in Council.
Enactment of Plan Winnipeg by-law by L.G.C.
Where a Plan Winnipeg by-law is referred to the Lieutenant Governor in Council under subsection (1), the Lieutenant Governor in Council may by order in council enact it, or an amended form of it, and any such order in council is deemed to have such force and effect as if it were a by-law passed by council under this Part.
S.M. 1991-92, c. 15, s. 18.
Effect of Plan Winnipeg by-law
The passing of a Plan Winnipeg by-law does not require council or any person, association, organization or department or agency of the Crown to undertake a proposal contained in the by-law, but no public work, undertaking or development shall be inconsistent with a Plan Winnipeg by-law.
S.M. 1991-92, c. 15, s. 18.
SECONDARY PLANS
Council may adopt a secondary plan by a secondary plan by-law passed in accordance with this Part.
A secondary plan shall not be inconsistent with Plan Winnipeg, and may include any of the following:
(a) a map that identifies the area to which the secondary plan relates;
(b) a statement of objectives, and of problems addressed by the secondary plan;
(c) a time schedule for, and the estimated cost of, action proposed to deal with problems identified in the secondary plan,
(d) any program and change in land use or the control of land use, required to implement the secondary plan;
(e) the time period in which the secondary plan is expected to be in effect, and a schedule and procedure for its periodic review;
(f) such other matters as council considers advisable.
After first reading and before second reading of a proposed secondary plan by-law, council shall refer the proposed secondary plan by-law to a committee of council which shall as soon as practicable give notice of, and conduct, a public hearing in accordance with sections 632 to 645.
S.M. 1991-92, c. 15, s. 18.
Effect of secondary plan by-law
The adoption of a secondary plan by-law does not require council or any person, association, organization, or department or agency of the Crown to undertake a proposal in it, but no public work, undertaking or development within an area affected by a secondary plan by-law shall be inconsistent with the secondary plan by-law.
S.M. 1989-90, c. 52, s. 17; S.M. 1991-92, c. 15, s. 18.
Each of the following is deemed to be a secondary plan by-law passed under this Part for the area of the city defined in it, until the by-law is repealed or replaced under this Part, or the period of effect of the plan expires:
(a) The Downtown Winnipeg District Plan, adopted as By-law 1554 under The Metropolitan Winnipeg Act;
(b) a district plan adopted by by-law before the coming into force of An Act to Amend The City of Winnipeg Act, S.M. 1977, chapter 64;
(c) an action area plan adopted by by-law and in effect at the time this section comes into force.
S.M. 1991-92, c. 15, s. 18.
COMMUNITY DEVELOPMENT PROGRAMS
Council may, alone or in partnership with a person, agency or other level of government, designate a community development area and undertake a community development program in the designated community development area.
S.M. 1991-92, c. 15, s. 18.
Content of community development program
A community development program is a program for the improvement of the physical, social, economic or environmental condition of an area within the city, and may include plans and initiatives respecting
(a) public works and services;
(b) the protection and enhancement of the environment;
(c) the acquisition, holding and disposal of land and buildings in accordance with this Act;
(d) the improvement of the appearance of land or buildings;
(e) grants or loans, or both, to be made available by the city in accordance with section 491, or by other levels of government, to the owners of land or buildings to carry out community development;
(f) social development, including
(i) health and social services and facilities,
(ii) day care, and
(iii) initiatives to alleviate the causes and effects of poverty, sickness and crime;
(g) economic development;
(h) recreation, including construction or redevelopment of parks, playgrounds and recreational facilities;
(i) housing, including non-profit, cooperative, public and private housing, and the rehabilitation of housing;
(j) the attraction of people or businesses to a community development area, the encouragement of people or businesses to remain in a community development area, or the relocation of people or businesses displaced from a community development area;
(k) services to advise and assist owners and potential owners of land, buildings and businesses in a community development area;
(l) the coordination of agencies, initiatives and programs, including programs for the protection of people and property, and law enforcement programs;
(m) public participation in establishing and implementing a community development program;
(n) any other matter council considers necessary or advisable to undertake as part of a community development program.
S.M. 1989-90, c. 52, s. 18; S.M. 1991-92, c. 15, s. 18.
DEVELOPMENT BY-LAWS
Council to pass development by-laws
Council shall pass development by-laws to control or prohibit the use of land and buildings and development in the city or a part of the city.
A development by-law may provide for any of the following:
(a) classifications of uses of land and buildings;
(b) permitted and conditional uses of land and buildings;
(c) the number and dimensions of dwelling units or non-residential buildings permitted on a lot or other unit of land;
(d) the area and dimensions of lots or other units of land;
(e) the number, lot coverage, floor area, dimensions, and location of buildings on units of land;
(f) the location, height and maintenance of fences and walls;
(g) open space around and between buildings, and minimum distances between buildings;
(h) landscaping and buffers between buildings, units of land, and different uses of land and buildings;
(i) the establishment and maintenance of parking and loading facilities;
(j) the design details of buildings and building sites, including vacant sites, and the establishment of committees or boards to approve designs;
(k) the location, dimensions and number of access points from a unit of land to a highway;
(l) the use and placement of exterior lighting on land and the exterior of buildings;
(m) the outdoor storage of goods, including machinery, building materials and waste materials;
(n) the removal, deposit or movement of soil, gravel or other material;
(o) the cutting and removal of vegetation;
(p) the placement of pedestrian walkways;
(q) the kind, number, nature, location and dimensions of outdoor signs and displays;
(r) the protection of scenic areas, heritage resources and sensitive lands;
(s) the protection of waterways including the setback of buildings from a waterway;
(t) the protection of a water or sewage treatment facility, waste disposal facility or any other utility or public work from incompatible uses;
(u) the sequence in which development is undertaken;
(v) such other matter as council considers necessary or advisable.
Development by-law for airport vicinity protection area
In addition to matters described in subsection (2), a development by-law with respect to an airport vicinity protection area shall, in conformity with the regulations, if any, made under clause 574.1(1)(c), control or prohibit the use of land and buildings and any development in the airport vicinity protection area or any part of it so as to ensure that the use of land and buildings and development are compatible with the operations of the airport.
Referral of proposed development by-law
A proposed development by-law shall be referred to a committee of council which shall as soon as practicable give public notice of, and conduct, a public hearing in accordance with sections 632 to 645.
S.M. 1989-90, c. 52, s. 18 and 19; S.M. 1991-92, c. 15, s. 18; S.M. 1993, c. 2, s. 29.
A by-law passed before the coming into force of this Part for the purpose of giving effect to a matter referred to in section 589, is deemed to be a development by-law.
S.M. 1991-92, c. 15, s. 18.
Council entering development agreement
Where an application is made under subsection 629(1) for the adoption of a development by-law, the city may, as a condition of adopting the development by-law, require the owner or applicant to enter into a development agreement with the city respecting the development and any contiguous land owned or leased by the owner or applicant dealing with any of the following:
(a) the use of the land and any existing or proposed building;
(b) the timing of construction of a proposed building;
(c) the siting and design of a proposed building, including the materials to be used for the exterior of the building;
(d) traffic control and parking facilities;
(e) landscaping, open space and the grading of the land;
(f) the construction by or at the expense, in whole or in part, of the owner, of
(i) a system, works or equipment to provide electricity and water, and facilities for the collection of surface water and sewage, and
(ii) lighting for parking lots and streets, surface treatment of highways, pavement modifications, gate structures, walkway improvements, sidewalks, riverbank stabilization, and dyke construction,
that are beneficial to or necessary for the development, or to serve the development;
(g) the conveyance of land or payment of money, or both, to the city by the owner, where the application is for a classification to permit commercial use, industrial use, or a residential use of three or more dwelling units.
Use of land and money for public purpose
Any land conveyed to the city under a development agreement shall be used for public purposes other than highways, and any money paid to the city under a development agreement shall be used to purchase land for public purposes other than highways.
Registration of agreement in L.T.O.
An agreement referred to in subsection (1) may provide that it runs with the land referred to in the agreement, and an instrument that registers the fact of the agreement in the Land Titles Office binds the owner and the owner's heirs, executors, administrators, successors and assigns without special mention thereof in the instrument.
Timing of agreement and by-law
Council may authorize the execution of a development agreement before passing a development by-law, but any such development agreement is subject to the approval of council and to the adoption of a development by-law.
S.M. 1991-92, c. 15, s. 18; S.M. 1994, c. 15, s. 36.
Amendment of development by-law
An order of The Municipal Board under subsection 95(1) of The Municipal Board Act may require the amendment of a development by-law to coordinate the development by-law with a new plan of subdivision in a case in which the Registrar-General imposes a requirement that affects the new plan of subdivision if, in the opinion of The Municipal Board, the amendment does not constitute a significant change to the development by-law.
S.M. 1991-92, c. 15, s. 18.
Temporary force of development by-law
A development by-law may provide that it has force and effect for a period of time, or until the occurrence of an event specified in it, and that any land and building affected by the development by-law become, on expiration of the period of time or the occurrence of the event, subject to other provisions set out or referred to in the development by-law.
Where non-conforming use does not apply
Subsection 601(1) does not apply to a development existing before the adoption of a development by-law under subsection (1), or established after, and conforming with, such a development by-law, unless the development by-law so provides.
S.M. 1991-92, c. 15, s. 18.
Effect of development by-law on caveat
No development by-law rescinds or affects the right of a person to enforce a restriction, interest or covenant registered against land, or the use of land, in the Winnipeg Land Titles Office.
S.M. 1991-92, c. 15, s. 18.
ENVIRONMENTAL IMPACT REVIEW
Council may require a report on the environmental impact of a proposed public work.
Powers of council respecting report
Where council requires a report on the environmental impact of a proposed public work, council
(a) shall be the sole determining authority of the adequacy of the report or any part of it; and
(b) may establish such procedure as it considers necessary.
S.M. 1991-92, c. 15, s. 18.
DEVELOPMENT PERMITS
No person shall undertake a development that is subject to a development by-law without first making application for and obtaining a development permit for the purpose.
Permit for conforming development
Where a person makes application for a development permit in respect of a development, the designated employee shall, where the application conforms with the Plan Winnipeg by-law, a secondary plan by-law and development by-laws, issue a development permit.
Where a person makes application for a development permit in respect of a conditional use, the designated employee shall, where the application is approved by the board of adjustment or, on appeal, by the committee of council designated by by-law, issue a development permit subject to any condition prescribed under section 612.
S.M. 1991-92, c. 15, s. 18; S.M. 1993, c. 2, s. 30.
Development to conform with permit
Every development permit is deemed to contain a condition that the person to whom the development permit is issued shall ensure that the development conforms with any requirement, standard and condition set out or referred to in a by-law passed or an order made under this Part.
S.M. 1989-90, c. 52, s. 21; S.M. 1991-92, c. 15, s. 18.
Subject to section 155 (warrant), a designated employee or any other officer, employee or agent of the city who 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 to administer and enforce this Part or a by-law passed under this Part.
Liability of city and employees
The city and its employees and agents are not liable for any loss or damage by reason of anything done or omitted to be done in the exercise of powers under this Part, except where the loss or damage results from the negligence of the city or its employees or agents.
S.M. 1991-92, c. 15, s. 18.
Cancellation of development permit
Where a development permit or building permit is issued under this Act before the passing of a development by-law that prohibits the issuance of such a permit, council may cancel the permit if the development or building authorized by the permit has not commenced before the development by-law is passed.
Expenses where permit cancelled
If a development permit is cancelled under subsection (1), council shall pay the person who obtained the development permit, or on whose behalf the development permit was obtained, such expenses for the preparation of plans for the building and the promotion of the development as are agreed upon by council and the person.
Where the parties are unable to agree under subsection (2), the person claiming expenses may require that the city submit the claim to arbitration by serving a written notice to that effect on the city.
An arbitration shall be by an arbitrator appointed by the parties or, if they are unable to agree on an appointment, by the minister under The Arbitration Act.
S.M. 1991-92, c. 15, s. 18.
Notwithstanding any other provision in this Act, council may require a building permit or development permit to be withheld for not more than 60 days from the date of the application for the permit.
Within the period provided in subsection (1), council shall consider the application and may
(a) reject the application if council is of the opinion that the proposed development does not conform with the provisions of a Plan Winnipeg by-law or a secondary plan by-law; or
(b) further withhold the permit for not more than 90 days if council is of the opinion that the proposed development does not conform with the provisions of a proposed Plan Winnipeg by-law or a secondary plan by-law that is not in force but had been authorized by council to be prepared for approval under this Act at the time the application for the permit was made, or a proposed development by-law had been referred to a committee of council under subsection 589(3) before the application for the permit was made; and
(c) where a permit is withheld under clause (b), withhold the permit for a further 35 days, if
(i) the proposed Plan Winnipeg by-law was submitted to the minister in accordance with this Part before the application for the permit was made, or before the expiry of the 90 days referred to in clause (b), and
(ii) the decision of the minister under section 581 or of the Lieutenant Governor in Council under section 582 is received at any time before the expiration of the 90 days.
Where a Plan Winnipeg by-law, secondary plan by-law or development by-law comes into force within the time referred to in subsections (1) or (2), the application for a building permit or development permit may be refused; but where council does not pass a development by-law within that time, the permit shall not be further withheld, and the owner of the land in respect of which the permit is withheld under clause 2(b) or (c) is entitled to compensation for damages resulting from the withholding of the building permit or development permit, and subsections 599(2) to (4) apply, with such modifications as the circumstances require.
S.M. 1989-90, c. 52, s. 22; S.M. 1991-92, c. 15, s. 18.
NON-CONFORMING USE
Previously conforming building and use continued
A building, or a use of land or a building, that complies with development by-laws before the adoption of a new development by-law may continue notwithstanding that the building or use does not conform with the provisions of the new development by-law.
What constitutes existing building
Subsection (1)applies to a building that, on the day a development by-law comes into force, is lawfully under construction, or for which a building permit for construction of the building is in force.
S.M. 1991-92, c. 15, s. 18.
On the application of a person who has an interest in a building or land that does not conform with a development by-law, and on payment of such fee as council may set, a designated employee may issue a certificate respecting the existence or use of the building, or the use of the land, and the certificate is conclusive evidence of the facts stated in it.
S.M. 1989-90, c. 52, s. 23; S.M. 1991-92, c. 15, s. 18; S.M. 1998, c. 37, s. 72.
Limitation on alteration or addition
A structural alteration or addition may be made to a building that does not conform with a development by-law, if the structural alteration or addition does not increase the non-conformity, and conforms with the development by-law, other by-laws, and any variance granted under this Part.
Damaged non-conforming building
Where a building that does not conform with a development by-law is damaged or destroyed, or is abandoned and has deteriorated, and where council determines that the cost of repair or rebuilding amounts to more than 50%, or such greater percentage as may be specified in a development by-law, of the cost of constructing a new building, the building shall not be repaired or rebuilt except in conformity with the development by-law and any variance granted under this Part.
S.M. 1989-90, c. 51, s. 15; S.M. 1991-92, c. 15, s. 18.
Non-conforming use ending after 12 months
Where the use of a building or land does not conform with a development by-law, and the building or land is abandoned or not so used for 12 consecutive months, the land or building shall not thereafter be used except in conformity with the development by-law.
Effect of change of ownership on use
A change of owners, tenants or occupants of a building or land is not of itself a change of use of the building or land for the purpose of this section.
S.M. 1991-92, c. 15, s. 18.
Purchase of non-conforming land or building
Council may acquire by expropriation or purchase
(a) a building or land, where the building or the use of the building or land does not conform with a development by-law; and
(b) vacant land having a frontage or depth less than the minimum prescribed by a development by-law for the construction of a building on the land;
and council may dispose of the land or building, and may exchange the land for other land.
S.M. 1989-90, c. 52, s. 24; S.M. 1991-92, c. 15, s. 18.
VARIANCE
Application for order of variance
Any person who considers that a development by-law affects his or her property or rights injuriously may apply for an order of variance.
S.M. 1991-92, c. 15, s. 18.
By-law on review and disposition of applications
Council may by by-law provide for
(a) the review by a designated city employee of applications for orders of variance to determine if an application is the proper application in relation to the applicant's proposed undertaking;
(b) the rejection by a designated city employee of applications that are determined not to be proper;
(c) an appeal of a rejection to a committee of council;
(d) the referral of applications for orders of variance that are determined to be proper to a designated employee or the board of adjustment.
Procedure by committee or board
Where an application for an order of variance is referred to the board of adjustment, it shall proceed in accordance with sections 632 to 645.
Variance by designated employee
In a by-law passed under subsection (1), council may authorize the designated employee to grant or refuse to grant, in his or her discretion, a variance.
S.M. 1991-92, c. 15, s. 18; S.M. 1995, c. 20, s. 7; S.M. 1998, c. 37, s. 73.
Conditions for allowing variance
An order of variance may be made where the designated employee or the board of adjustment is of the opinion that the proposed order
(a) is consistent with Plan Winnipeg, a secondary plan or development by-law;
(b) does not create a substantial adverse effect on the amenities, use, safety and convenience of the adjoining property and adjacent area; and
(c) is the minimum variation of a development by-law required to relieve the injurious effect of the development by-law on the applicant's property.
Conditions applied to variance
Subject to a by-law passed under subsection 607(1), the designated employee or the board of adjustment may approve an application for an order of variance subject to subsection (4) or (5) and to any condition that the designated employee or the board of adjustment considers necessary to ensure that the proposed development conforms with subsection (1).
Representation before setting conditions
A designated employee shall not approve an application for an order of variance subject to any conditions under subsection (2) without giving the applicant a reasonable opportunity to make representations respecting the variance.
An order of variance of the use of a property may authorize a temporary use of that property otherwise prohibited by a development by-law for a period of time that, together with the period or periods of time authorized in any previous order of variance of the use of that property made after July 26, 1991, does not exceed five years.
Variance permitting substantially similar use
If the designated employee or board of adjustment determines that the use of the property for which application is made is prohibited by the development by-law but would, if a variance order were granted, be substantially similar to the use of the property permitted under the development by-law, an order of variance of the use of the property may be granted for a period specified in the order.
S.M. 1991-92, c. 15, s. 18; S.M. 1992, c. 37, s. 12; S.M. 1995, c. 20, s. 8; S.M. 1998, c. 37, s. 74.
By-law re authority to terminate variances
Council may by by-law authorize a designated employee to terminate orders of variance under subsection (2).
Notwithstanding anything in this Act, the designated employee may terminate an order of variance with the written consent of every person who is an owner as defined in The Real Property Act in respect of which the order of variance was granted.
S.M. 1995, c. 20, s. 8; S.M. 1998, c. 37, s. 75.
CONDITIONAL USE
An application for a conditional use or to amend an approved conditional use shall be referred to the board of adjustment unless pursuant to a by-law under section 609.1 the application is rejected.
S.M. 1991-92, c. 15, s. 18; S.M. 1995, c. 20, s. 9.
By-law on review and disposition of applications
Council may by by-law provide for
(a) the review by a designated city employee of applications for a conditional use or to amend an approved conditional use to determine if the application is the proper application in relation to the applicant's proposed undertaking;
(b) the rejection by a designated city employee of applications that are determined not to be proper;
(c) an appeal of a rejection to a committee of council.
S.M. 1995, c. 20, s. 10.
Procedure respecting application
Where the board of adjustment receives an application for a conditional use or an amendment to an approved conditional use, it shall proceed in accordance with sections 632 to 645.
S.M. 1991-92, c. 15, s. 18.
Powers respecting applications
After completing a public hearing in respect of an application for a conditional use or an amendment of an approved conditional use, the board of adjustment may
(a) reject the application; or
(b) approve the application where, in its opinion, the proposed development
(i) is compatible with the area,
(ii) does not create a substantial adverse effect on the amenities, use, safety and convenience of the adjoining property and adjacent area, and
(iii) complies with Plan Winnipeg, secondary plans and development by-laws.
S.M. 1991-92, c. 15, s. 18.
Conditions for conditional use
The board of adjustment may approve a conditional use subject to conditions that ensure the proposed development complies with clause 611(b).
S.M. 1991-92, c. 15, s. 18.
By-law re authority to terminate conditional uses
Council may by by-law authorize a designated employee to terminate approved conditional uses under subsection (2).
Termination of conditional use
Notwithstanding anything in this Act, the designated employee may terminate an approved conditional use with the written consent of every person who is an owner as defined in The Real Property Act of the property in respect of which the conditional use was approved.
S.M. 1995, c. 20, s. 11; S.M. 1998, c. 37, s. 75.
SUBDIVISION OF LAND
SUBDIVISION CONTROL
In sections 614 to 627, "registered plan of subdivision" means a plan of subdivision registered at the Winnipeg Land Titles Office under The Real Property Act, but does not include an explanatory plan filed under section 127 of that Act.
S.M. 1989-90, c. 52, s. 10; S.M. 1991-92, c. 15, s. 18.
Restriction on registration of instruments
Subject to subsection (3), a district registrar shall not accept for registration any instrument, including an order or judgment of a court, that has or might have the effect of subdividing a parcel unless the subdivision is approved or consent is granted under this Part.
A caveat having the effect of claiming an interest or estate that subdivides land contrary to subsection (1) is void.
A district registrar may accept for registration, without subdivision approval or a consent under this Part, an instrument that has or might have the effect of subdividing a parcel where
(a) the smallest parcel resulting from the subdivision is not less than a quarter section, parish lot, settlement lot, or whole lot or block, as shown on a registered plan of subdivision; or
(b) the land, or any use of or right in the land, is being acquired or disposed of by the city, the Crown or the Manitoba Hydro-Electric Board.
For the purpose of this section, land that is excepted from a title or acquired for a highway, railway line, transmission or distribution line, drain or right of way is deemed not to create a break in the contiguity of the land described in the title.
An easement does not have the effect of subdividing a parcel and shall be deemed not to create a break in the contiguity of the land described in the title.
S.M. 1989-90, c. 51, s. 15; S.M. 1989-90, c. 52, s. 25; S.M. 1991-92, c. 15, s. 18.
Council may by by-law declare that a registered plan of subdivision, or part of it, registered for eight years or more is not a registered plan of subdivision.
Notice of the passing of a by-law under subsection (1) shall be sent by registered mail to each person appearing on the assessment roll of the city as the owner of land to which the by-law applies, to the address shown on the assessment roll.
Registration of by-law in L.T.O.
A certified copy of a by-law passed under subsection (1) shall be registered in the Winnipeg Land Titles Office.
A by-law passed under subsection (1) does not come into force until subsections (2) and (3) are complied with.
S.M. 1991-92, c. 15, s. 18.
Unregistered document effecting subdivision
An interest in land is not created or conveyed by an unregistered instrument that has the effect of subdividing land contrary to this Part.
S.M. 1991-92, c. 15, s. 18.
SUBDIVISION STANDARDS
Council shall pass by-laws establishing standards, criteria or requirements respecting the subdivision of land in the city.
A by-law passed under subsection (1) shall conform with this Act, Plan Winnipeg, secondary plans and development by-laws, and may establish standards, criteria or requirements respecting any of the following:
(a) the layout of, and access to, dedicated land, lots, blocks, and other units of land;
(b) the construction, reconstruction and alteration of highways;
(c) the width, grade and elevation of highways, by reference to minimum or maximum standards, criteria or requirements, or to any other standard council considers appropriate;
(d) the provision and location of strips of land to act as buffers;
(e) the efficient use of energy, including the orientation of lots and parcels so as to obtain maximum benefit from solar energy;
(f) transportation systems, including their operation in a manner that is efficient and convenient for citizens;
(g) the determination of whether land is suitable for subdivision;
(h) the provision of utilities and municipal services;
(i) sites for schools, parks and recreation areas;
(j) the protection of sensitive lands;
(k) flood control;
(l) the conveyance or dedication of land for public purposes other than highways;
(m) such other matters as council considers advisable.
Referral of proposed by-law for report
Notwithstanding subsection 628(2), council shall, before giving second reading to a by-law proposed under subsection (2), refer the proposed by-law to a committee of council which shall give notice of, and conduct, a public hearing and submit a report to council in accordance with a by-law passed under subsection 628(1).
S.M. 1991-92, c. 15, s. 18; S.M. 1992, c. 37, s. 13.
SUBDIVISION APPROVAL
An application for approval of a plan of subdivision shall be referred to a committee of council unless pursuant to a by-law under subsection 618(1.1) the application is rejected, and the committee of council shall, subject to section 619, proceed in accordance with sections 632 to 645.
By-law on review and disposition of application
Council may by by-law provide for
(a) the review by a designated city employee of applications for approval of subdivision to determine if the application is the proper application in relation to the applicant's proposed undertaking;
(b) the rejection by a designated city employee of applications that are determined not to be proper;
(c) an appeal of a rejection to a committee of council.
Council shall not approve an application for a subdivision unless
(a) the land that is proposed to be subdivided is, in the opinion of council, suitable for the purpose for which the subdivision is intended;
(b) the proposed plan of subdivision conforms with this Act, Plan Winnipeg, and any applicable secondary plan, development by-law and subdivision standards by-law.
S.M. 1991-92, c. 15, s. 18; S.M. 1995, c. 20, s. 12.
Approval by committee of council
Where the committee of council determines that a proposed plan of subdivision conforms with subsection 618(2) and any plan of subdivision respecting adjacent land, and that no condition should be imposed under clause 620(1)(d) or (e), the committee may approve it without proceeding under sections 632 to 645, and may impose a condition
(a) set out in clause 620(1)(a), (b), (c) or (f), but any agreement required under clause 620(1)(f) shall not contain a provision for dedication of land for the a purpose referred to in clause 620(1)(d) or (e);
(b) that land in the proposed subdivision be conveyed to the city or the Crown for the purpose of widening an existing highway.
Hearing before any condition set
The committee of council shall not approve a plan of subdivision subject to conditions under subsection (1) without first conducting a hearing and giving the applicant notice of the date, time and place of the hearing at which the applicant may appear and make representations.
Delegation by committee of council
A committee of council may delegate its authority to approve a plan of subdivision under subsection (1) to a designated employee, but may not delegate its authority to impose a condition unless the condition relates to clause 619(1)(b) or 620(1)(b) and is a standard condition in any subdivision approval delegated to the designated employee.
Effect of approval of plan of subdivision
The approval of a plan of subdivision under subsection (1) or (3) has the same effect as if council approved it.
S.M. 1991-92, c. 15, s. 18; S.M. 1998, c. 37, s. 76.
CONDITIONS
Conditions for plan of subdivision
Council may by by-law make the approval of a proposed plan of subdivision subject to any of the following conditions:
(a) that not less than 10% of the land be conveyed to the city for a public purpose other than highways, without consideration or for nominal consideration;
(b) that in lieu of setting the condition under clause (a), money be paid to the city for the purchase of land for public purposes other than highways;
(c) that any outstanding taxes, including local improvement assessments, be paid;
(d) that highways within the proposed subdivision be dedicated as council considers necessary;
(e) that where land in a proposed subdivision abutts on an existing highway, land in the proposed subdivision, other than land occupied by an existing building or structure, be conveyed to the city or the Crown for the purpose of making the highway conform with any provision respecting highways in a by-law passed under section 617;
(f) that the owner of land within a proposed subdivision enter into one or more agreements with the city respecting such matters as council considers advisable or necessary, which may include a requirement that
(i) the owner pay to the city some or all of the cost of existing or future public works, including the cost of any environmental, engineering or other studies or reports related thereto, which benefit or will benefit the proposed subdivision,
(ii) the owner construct or pay for all or part of the capacity of the public works in excess of the capacity required for the proposed subdivision,
(iii) the city reimburse the owner for the cost, including interest at such rate as is agreed upon, of the excess capacity under clause (ii) at such time as money is recovered from owners of other lands benefitted by the excess capacity, or at an earlier time.
Where the city enters into an agreement containing a requirement under subclause (1)(f)(iii), the city may, when other land benefitted by the public works is developed or subdivided, enter into an agreement with the owner of that other land requiring the owner to pay an amount, as determined by the city in respect of the public works, which may exceed the cost of improvements required for development or subdivision of the land, including interest at such rate as is agreed upon.
S.M. 1989-90, c. 52, s. 27; S.M. 1991-92, c. 15, s. 18.
FLOODWAY AREAS
Subject to subsection (2), no approval of, or consent to, a plan of subdivision of land wholly or partly within a designated floodway area, as defined in Part 15.1, shall be given under this Part if it would create, or allow the creation of, a parcel for which a building permit may be issued under section 494.3.
Agreements re land in floodway area
An approval of, or consent to, a proposed plan of subdivision may be given subject to an agreement that prohibits construction on land within a designated floodway area as defined in Part 15.1, other than the works excepted under section 494.3 and recorded against the land by caveat under subsection 626(2), but the agreement shall not be amended to allow other construction in the designated floodway area, and the caveat shall not be withdrawn from registration unless it is withdrawn and re-registered to accommodate procedures of the land titles office.
S.M. 1991-92, c. 15, s. 18.
APPROVED PLAN OF SUBDIVISION
Registration of plan in L.T.O.
A plan of subdivision that is not registered in the Land Titles Office within one year of the day of its approval by council shall not be registered unless the time is extended by council.
S.M. 1991-92, c. 15, s. 18.
CONSENT
Designation of committee of council
Council shall designate a committee of council with authority to grant a consent to a lease, conveyance, grant, assignment, or agreement the registration of which is otherwise prohibited under section 614.
The committee of council may grant a consent under this section if the committee determines that a plan of subdivision is not necessary for the proper and orderly development of the land.
Considerations governing consent
The committee of council has power to impose the same conditions as council may impose under section 620 respecting the approval of a plan of subdivision.
Hearing before refusal or condition set
The committee of council shall not grant a consent subject to conditions, or refuse a consent without first conducting a hearing and giving the applicant notice of the date, time and place of the hearing at which the applicant may appear and make representations.
The committee of council may delegate to the designated employee the authority to grant a consent, but not to impose conditions or refuse consent.
S.M. 1989-90, c. 52, s. 10; S.M. 1991-92, c. 15, s. 18; S.M. 1998, c. 37, s. 77.
624 Where a consent is granted, the designated employee shall issue a certificate to the applicant stating that the consent has been given, and the certificate is conclusive evidence of the consent and compliance with section 623.
S.M. 1991-92, c. 15, s. 18; S.M. 1998, c. 37, s. 78.
Repealed.
S.M. 1989-90, c. 52, s. 28; S.M. 1991-92, c. 15, s. 18 and 23; S.M. 1998, c. 37, s. 79.
625 A consent expires two years after the date of a certificate given under section 624 or when the land in respect of which the consent is granted is conveyed or otherwise dealt with in accordance with the consent, whichever first occurs.
S.M. 1991-92, c. 15, s. 18 and 23.
Agreements made under condition
The city may enter into an agreement imposed as a condition to the approval of a plan of subdivision or to the granting of consent.
A caveat giving notice of an agreement referred to in subsection (1) may be filed in the Winnipeg Land Titles Office, and thereafter the agreement runs with the land and, without special mention in the instrument, binds the owner of the land, a successor in title to the owner, and an heir, executor, administrator or assign of the owner.
S.M. 1989-90, c. 51, s. 16; S.M. 1991-92, c. 15, s. 18 and 23.
Deposit of money from conveyed land
If council determines that land conveyed under clause 620(1)(a) is not required for a public purpose, the land may be sold or leased, and money received by the city from the sale or lease shall be paid into the reserve fund referred to in subsection (2).
Deposit into, and use of, reserve fund
Money paid under subsection (1) or in lieu of a conveyance of land to the city as a condition of the passing of a development by-law, the approval of a plan of subdivision, or the granting of a consent under this Part, shall be deposited in a reserve fund and used to purchase land for a public purpose other than highways or, with the approval of council, used in whole or in part for a public purpose other than the purchase of land.
627(3) to (8) Repealed, S.M. 1991-92, c. 15, s. 18.
S.M. 1991-92, c. 15, s. 18 and 23.
PROCEDURE
Content of by-law on procedure
Council shall pass by-laws respecting procedure, which may include
(a) procedure for making an application, the form and content of an application, information to be submitted in support of an application, procedure for making a decision on an application, including repeated applications in respect of a matter, and time periods in which a decision respecting an application is to be made and be in force, and notice of a decision is to be given;
(b) the requirements for issuing notice of, and procedure for conducting, a public meeting on a matter to be the subject of a public hearing, and the content of a notice;
(c) requirements for issuing notice of a public hearing respecting a review of Plan Winnipeg or a proposed by-law on subdivision standards, and the content of a notice;
(d) requirements respecting the posting of notices, including the size, content and maintenance of posted notices;
(e) requirements for giving notice of a committee report or decision made under this Part, including giving notice where a written representation is made by or on behalf of more than one person;
(f) a tariff of fees for applications, permits, inspections, copies of by-laws and records of public hearings, and other matters respecting the administration of this Part;
(g) designating employees responsible for the administration and enforcement of this Part;
(h) the conduct of public hearings, including making a record thereof, procedure where the record is defective, recording the names and addresses of persons who make representations, public access to such records, quorum, and procedures for adjournment;
(i) designating the committee or committees of council responsible for provisions in this Part;
(j) the names of any persons, agencies and organizations, including school boards and municipalities adjacent to the city, to be consulted under this Part, and the manner of consultation;
(k) the right to appeal a decision, in addition to any right to appeal provided under this Part;
(l) procedure for appealing a decision, including time periods for appeal;
(m) procedure for hearing appeals;
(n) such other matter as council considers necessary or advisable.
By-law not subject to notice, hearing
A by-law proposed, adopted or amended under subsection (1) is not subject to sections 632 to 645.
S.M. 1991-92, c. 15, s. 18; S.M. 1998, c. 37, s. 80.
An application for adoption of a development by-law, the approval of a plan of subdivision, conditional use or variance, or consent to conveyance, may be made by the owner of the building or land to which the application refers, or by a person authorized in writing by the owner.
Repeated application on same matter
An application referred to in subsection (1) may be refused without a public hearing if, in the opinion of a committee of council or the board of adjustment, it is the same or substantially the same as an application that was rejected within 1 year of the date of the new application.
S.M. 1991-92, c. 15, s. 18; S.M. 1995, c. 20, s. 13.
Conformity with Plan Winnipeg and secondary plan
An application for a development by-law or approval of a plan of subdivision that does not conform with Plan Winnipeg and any secondary plan for the area in which the land or building is located shall be rejected.
S.M. 1991-92, c. 15, s. 18.
By-law re review and disposition of certain applications
Council may by by-law provide for
(a) the review by a designated city employee of applications for a development by-law or approval of a plan of subdivision to determine if the application conforms with Plan Winnipeg and any secondary plan for the area in which the land or building is located;
(b) the rejection by a designated city employee of applications that are determined not to conform;
(c) an appeal of a rejection of an application to a committee of council.
S.M. 1995, c. 20, s. 14.
Where council is of the opinion that a proposed amendment to a by-law passed under this Part is of a minor nature and does not prejudice the rights of any person, council may amend the by-law without proceeding under sections 632 to 645.
S.M. 1991-92, c. 15, s. 18.
NOTICE OF PUBLIC HEARING
A notice of a public hearing under this Part shall include the following:
(a) an explanation of the nature of the matter to be considered at the public hearing;
(b) the date, time and place of the public hearing, and the name of the committee or board conducting the public hearing;
(c) a statement that the purpose of the public hearing is to receive representations respecting the matter to be considered;
(d) a statement that documents respecting the matter are available for any person to inspect and to make a copy, subject to the payment of such fee as council may set, at a place and during times specified in the notice;
(e) a general description of the area or unit of land affected by the matter to be considered;
(f) where the matter to be considered changes the use of a specific building or unit of land, a map showing the area in which the building or land is located, including reference to street names or other boundaries;
(g) such other matters as council considers advisable.
Subject to subsection (5), a notice of a public hearing under this Part shall be given as follows:
(a) by serving a copy of the notice personally or by mail at least 14 days before the day of the public hearing on
(i) the applicant,
(ii) any municipality or planning district located in whole or part within one km, or such greater distance as council considers advisable, of the land or building in respect of which the public hearing is to be conducted, and
(iii) any other person that council considers advisable;
(b) by publishing the notice at least once in two newspapers with general circulation in the city, not less than 14 days before the day of the public hearing;
(c) in the case of a Plan Winnipeg by-law or secondary plan by-law, by publishing the notice in two newspapers with general circulation in the city, at least once per week for two consecutive weeks, the first to be published not less than 21 days before the day of the public hearing;
(d) in the case of a Plan Winnipeg by-law, by serving a copy of the notice on the minister personally or by mail not less than 21 days before the day of the public hearing;
(e) in any other manner council considers necessary or advisable.
A notice served by mail under subsection (2) shall be sent to the address of the person to be served, as the address is determined by council by by-law passed under subsection 628(1), and is deemed to be received by the person on the day that Canada Post confirms is the day on which the notice is delivered to the address to which it is mailed.
Where a designated employee determines that an application that is subject to a public hearing affects only a specific building or building site, a notice of the application shall be posted in accordance with subsection 634(1), and the posting of a notice may, subject to a by-law passed under subsection 628(1), substitute for publication of the notice in a newspaper under clause (2)(b).
Notice of Municipal Board hearing
Notice of a public hearing by The Municipal Board under subsection 581(4) shall be given by serving a copy of the notice, personally or by mail not less than 14 days before the public hearing, on the city and any person who made a representation at the previous public hearing or filed an objection, and in such other manner as The Municipal Board considers advisable.
S.M. 1991-92, c. 15, s. 18.
Minister may vary notice provisions
Notwithstanding section 632, the minister may, at the request of council, The Municipal Board or board of adjustment, in writing vary the requirements for notice under this Part where he or she is satisfied that it is impossible or impractical to comply with them.
S.M. 1991-92, c. 15, s. 18.
A notice posted under subsection 632(4) shall be
(a) posted for not less than 14 consecutive days before the day of the public hearing; and
(b) displayed outdoors in conspicuous locations facing each street adjacent to the land or building referred to in the notice, and located so that the notice is not more than one metre inside the lot line.
Evidence that a copy of a notice was posted on at least one occasion during the period referred to in subsection (1) is deemed to be conclusive proof that the notice was posted for the required time.
S.M. 1991-92, c. 15, s. 18.
Material available for inspection
Council shall make available, at the place and during hours stated in a notice given under section 632, a copy of the proposed by-law or application and any supporting material, and shall permit any person to inspect it, and to make a copy of it or any part of it, subject to the payment of such fee as council may set by by-law.
S.M. 1991-92, c. 15, s. 18.
PUBLIC HEARINGS
In sections 638 to 640 "hearing body" means council, a committee of council, The Municipal Board or the board of adjustment.
S.M. 1991-92, c. 15, s. 18.
Public meeting before public hearing
A committee of council required to conduct a public hearing under this Part may first convene a public meeting for discussion of the subject of the public hearing, in accordance with a by-law passed under subsection 628(1).
S.M. 1991-92, c. 15, s. 18.
Where a notice is given under section 632, the hearing body shall, at the time and place referred to in the notice, conduct a public hearing and receive representations from any person, on his or her own behalf or on behalf of another person.
Minister authorizing person to appear
The minister may authorize any person to appear at a public hearing conducted under this Part to make representations, submit evidence and present argument for and on behalf of the government.
Council authorizing person to appear
Council may authorize any person to appear at a public hearing conducted under this Part to make representations, submit evidence and present argument for and on behalf of council.
S.M. 1991-92, c. 15, s. 18.
A hearing body may receive all representations on one day, or adjourn from time to time until all representations are received; and where a public hearing is adjourned, the hearing body shall determine the date, place and time at which the public hearing is to continue.
Continued hearing on new matter
Subject to subsection (3), a hearing body may receive representations in respect of a new matter not mentioned in the notice given for the public hearing, after an adjournment and before the conclusion of the public hearing.
Public notice of continued hearing including new matter
Before a public hearing is continued pursuant to subsection (2), the hearing body shall give notice of the public hearing in accordance with sections 632 to 635.
S.M. 1991-92, c. 15, s. 18.
Council may refuse certain petitions
Where under this Part or a by-law passed under this Part, a matter is required to be considered at a public hearing conducted by a committee of council, The Municipal Board or the board of adjustment, council may refuse to receive representations or petitions respecting the matter.
Restrictions on representations
A hearing body may restrict the nature and length of representations at a public hearing.
S.M. 1991-92, c. 15, s. 18.
Combined notices, public hearings
A notice and public hearing required under this Part in respect of a proposed development may be combined with another notice and public hearing where the proposed development requires two or more of the following:
(a) an amendment to Plan Winnipeg;
(b) an amendment to a secondary plan;
(c) an amendment to a development by-law;
(d) an application for an order of variance;
(e) an application for a conditional use;
(f) an application for the approval or amendment of a plan of subdivision;
(g) an application for a consent.
Conduct of combined public hearing
A public hearing authorized under subsection (1) shall be conducted
(a) by the board of adjustment, where the public hearing is in respect of a variance and conditional use; and
(b) by a committee of council, in all other cases.
Exercise of powers where combined hearing
Where a public hearing is conducted as provided in subsection (2),
(a) the board of adjustment has exclusive power to make an order of variance in respect of which it has held a hearing, notwithstanding any provision to the contrary in a by-law under subsection 607(1) providing for the referral of an application for an order of variance to a designated administrator; and
(b) the committee of council referred to in clause (2)(b) has all the powers and duties of the board of adjustment to approve a conditional use or make an order of variance.
The approval of a conditional use or an order of variance by the committee of council under clause (3)(b) may be appealed to the committee of council designated by by-law in accordance with the procedures set out in a by-law passed under section 628.
S.M. 1991-92, c. 15, s. 18; S.M. 1992, c. 37, s. 14; S.M. 1995, c. 20, s. 15.
DECISIONS
Committee decision or recommendation
A committee of council that conducts a public hearing under this Part for the purpose of making a decision or a recommendation to council respecting a proposed by-law or application shall consider representations made at the public hearing and shall with stated reasons approve, reject, or approve with conditions, the proposed by-law or application, or recommend to council that it approve, reject, or approve with conditions, the proposed by-law or application.
When a committee of council completes a public hearing under this Part, the clerk of the committee shall, within 30 days after the public hearing is completed or within such further time as council may allow, prepare and forward to council a report containing a summary of representations made at the public hearing, the decision or recommendation of the committee of council, the stated reasons for the decision or recommendation, and such other information as council requires.
A majority vote of the members of a committee of council present at a public hearing is the decision of the committee of council.
Where there is a tie vote in a committee of council in respect of a by-law or application, the by-law or application is deemed to be rejected where the committee of council is empowered to make a decision and, where the committee of council is empowered to make a recommendation, the report to council shall contain no recommendation.
S.M. 1989-90, c. 51, s. 15; S.M. 1989-90, c. 52, s. 10 and 29; S.M. 1991-92, c. 15, s. 18 and 23.
When a committee of council makes a report to council under this Part, the clerk of the committee shall as soon as practicable give notice by mail, in accordance with a by-law passed under section 628, to the applicant and any person who made representations at the public hearing, of the content of the report and the date, time and place of the meeting at which council is to consider the report.
Notice of decision by board of adjustment
Where the board of adjustment makes a decision respecting an application for a variance or conditional use, the secretary of the board of adjustment shall as soon as is practicable give notice by mail, in accordance with a by-law passed under section 628, to the applicant and any person who made representations at the public hearing, of the decision and the right to appeal the decision to the committee of council designated by by-law.
Notice of decision by designated employee
A designated employee who makes a decision that is subject to appeal under this Part shall, in addition to the notice requirements set out in a by-law passed under clause 628(1)(e), give notice as soon as practicable of the decision and of the right to appeal the decision to the committee of council designated by by-law
(a) to the applicant by mail in accordance with a by-law passed under section 628; and
(b) to the owners of land adjoining the property in respect of which the variance is granted by posting in accordance with a by-law passed under clause 628(1)(d)
(i) in the case of variance of any yard or space separation, if the variance exceeds 5% of the requirement set out in the development by-law or 0.3 metres, whichever is greater, or
(ii) in any other case, if the variance exceeds 5% of the requirement set out in the development by-law.
S.M. 1991-92, c. 15, s. 18; S.M. 1995, c. 20, s. 16; S.M. 1997, c. 34, s. 27; S.M. 1998, c. 37, s. 81.
Referral of report to board of adjustment
Except where the circumstances described in clauses 644.1(a), (b) and (c) exist, council may refer the report of a committee of council respecting a secondary plan by-law or development by-law, or an application for approval of a plan of subdivision, to the board of adjustment, which shall conduct a public hearing in accordance with a by-law passed under subsection 651(1), and submit a report and recommendations to council.
S.M. 1991-92, c. 15, s. 18; S.M. 1993, c. 2, s. 31.
Referral of report to Municipal Board
When
(a) a report of a committee of council respecting a secondary plan by-law or a development plan by-law concerning an airport vicinity protection area or an application for approval of a plan of subdivision in an airport vicinity protection area is made to council;
(b) notice has been given under subsection 643(1) in respect of the report; and
(c) the council of a municipality or the board of a planning district established under The Planning Act that adjoins the airport vicinity protection area or the government of Canada or the government of Manitoba objects to the report to council in writing before, or in writing or in person at, the meeting at which council is to consider the report;
council shall, before it makes a decision, refer the matter to The Municipal Board for its report and recommendations.
S.M. 1993, c. 2, s. 32.
Council shall
(a) before making a decision respecting a proposed secondary plan by-law or development by-law or an application for approval of a plan of subdivision, other than a proposed secondary plan by-law or development by-law concerning an airport vicinity protection area or an application for approval of a plan of subdivision in an airport vicinity protection area, consider the report submitted under subsection 642(2) (Committee decision or recommendation) and any report of the board of adjustment submitted under section 644; and
(b) decide with stated reasons to approve the proposed by-law or application, reject it or approve it with conditions.
Decision of council re airport vicinity protection area
Council shall
(a) before making a decision respecting a proposed secondary plan by-law or development by-law concerning an airport vicinity protection area or an application for approval of a plan of subdivision in an airport vicinity protection area, consider the report and recommendations of The Municipal Board under section 644.1; and
(b) subject to subsection (1.2), decide with stated reasons
(i) to approve the proposed by-law or application, with or without conditions, or
(ii) to reject the proposed by-law or application.
Restriction re decision on airport vicinity protection area
Council shall not approve the proposed by-law or application unless it conforms to the report and recommendations of The Municipal Board.
Council shall as soon as practicable give notice by mail of its decision
(a) under subsection (1) to each person who made a representation at the public hearing; and
(b) under subsection (1.1) to each person who made a representation before The Municipal Board.
Notice of passing of Plan Winnipeg by-law
After a Plan Winnipeg by-law is passed, council shall publish at least one notice thereof in a newspaper with general circulation in the city, and the notice shall name a place at which the Plan Winnipeg by-law may be inspected by any person during regular office hours.
S.M. 1989-90, c. 52, s. 30; S.M. 1991-92, c. 15, s. 18; S.M. 1992, c. 37, s. 15; S.M. 1993, c. 2, s. 33. APPEALS
In sections 646 to 651, "board" means the board of adjustment established under section 649.
S.M. 1991-92, c. 15, s. 18.
Right to appeal re variance or conditional use
A person who makes a representation at a public hearing conducted by the board respecting a variance or conditional use, or who is notified of a decision by a designated employee under subsection 643(3), may appeal the decision respecting the variance or conditional use to the committee of council designated by by-law, in accordance with procedure set out in a by-law passed under section 628.
Appeal procedure before committee
Where the committee of council receives an appeal under subsection (1), it shall conduct a public hearing and make a decision in accordance with a by-law passed under subsection 628(1).
Application of provisions to committee
Subsections 608(1) and (2), and sections 611 and 612 apply to a decision of a committee of council made under subsection (2).
S.M. 1991-92, c. 15, s. 18; S.M. 1998, c. 37, s. 82.
An appeal to the Court of Queen's Bench may be taken on a question of law by a person affected by a decision, within 30 days of the making of the decision, under the following provisions:
(a) the passing of a Plan Winnipeg by-law under sections 581 or 582;
(b) the passing of a secondary plan by-law under section 584;
(c) the passing of a development by-law under section 589;
(d) a decision respecting a subdivision under section 618, 619 or 620;
(e) a decision respecting a consent under section 623;
(f) a decision of a committee of council under subsection 647(2).
S.M. 1991-92, c. 15, s. 18.
Where an appeal is taken under section 648
(a) the registrar of the court shall fix a date for the appeal hearing, which shall be within 30 days after the date on which appeal documents are filed;
(b) a justice of the court may adjourn the appeal hearing for a period not exceeding 30 days and, if the justice is of the opinion that special circumstances warrant, for such additional period as the justice may consider appropriate; and
(c) the justice hearing the appeal shall render a decision on the appeal within 30 days after completion of the appeal hearing.
BOARD OF ADJUSTMENT
There is hereby established a board of adjustment comprised of as many members as council appoints.
S.M. 1991-92, c. 15, s. 18; S.M. 1992, c. 37, s. 16.
The board shall
(a) subject to a by-law passed under subsection 607(1), hear and determine, in accordance with a by-law passed under section 628, an application for an order of variance or for a conditional use;
(b) report and make recommendations to council on a proposed secondary plan by-law or development by-law, and an application for approval of a plan of subdivision referred by council; and
(c) report and make recommendations to council on any planning or development matter referred by council.
Council shall appoint not fewer than three persons to be members of the board.
No person is eligible to be appointed or to remain a member of the board who
(a) holds a provincial or municipal office by appointment or election; or
(b) held a provincial or municipal office by appointment or election in the three year period before his or her appointment to the board.
Clause (2.1)(b) does not apply in respect of a person who, on the coming into force of this section, is a member of the board, until the expiration of the member's term, the member's resignation or the revocation of the member's appointment, whichever is the earliest.
The board shall sit in panels of three members selected by the chairperson.
A panel has the powers of the board, and a decision of the panel is a decision of the board.
S.M. 1991-92, c. 15, s. 18; S.M. 1992, c. 37, s. 17.
Council shall pass by-laws in respect of the board to provide for
(a) the appointment of members, including temporary appointments to fill vacancies, in such manner as to ensure that the terms of no more than 1/3 of the members expire in any year;
(b) the designation of a member as chairperson and a second member as vice-chairperson;
(c) the payment to members of remuneration and expenses incurred in the performance of duties;
(d) rules of practice and procedure;
(e) a tariff of fees for any matter heard by the board;
(f) the appointment of a secretary;
(g) such other matter as council considers necessary or advisable.
By-law not subject to notice, hearing
A by-law proposed under subsection (1), or a proposed amendment of a by-law adopted under subsection (1), is not subject to sections 632 to 645.
S.M. 1991-92, c. 15, s. 18.
COMPLIANCE
A plan, by-law, resolution, order, decision, determination or procedure made or passed under this Part is binding on the city and all persons.
S.M. 1991-92, c. 15, s. 18.
EXEMPTION ORDER
Where a proposed order under section 671.1 relates to Plan Winnipeg, a secondary plan, a development by-law, an application for an approval of a plan of subdivision, an application for a variance or for a conditional use, the Lieutenant Governor in Council shall not make the order until a public meeting is conducted under subsection (2) and the report made under subsection (5) is delivered to the minister.
The public meeting shall be held for the purpose of receiving representations on the proposed order and it shall be conducted by a person appointed by the minister.
A person appointed under subsection (2) shall cause at least one notice of the date, time and place of the public meeting to be published in a newspaper having a general circulation in the area which, in his or her opinion, is significantly affected by the proposed order.
Public meeting may be adjourned
A person appointed under subsection (2) may receive all representations on the same day or, if the person considers it advisable, adjourn the meeting from time to time until all representations are received.
A person appointed under subsection (2) shall within 30 days after the appointment submit to the minister a report in writing setting forth
(a) a summary of the representations made at the public meeting;
(b) the person's determination of the facts; and
(c) the person's opinion of the effect of the order proposed under subsection (1).
Where a person appointed under subsection (2) fails to carry out his or her duties in accordance with this section, the minister shall revoke the appointment of the person and appoint another person.
When a person appointed under subsection (2) completes his or her duties under this section, the government shall pay his or her remuneration and expenses approved by the minister.
S.M. 1991-92, c. 15, s. 18; S.M. 1998, c. 37, s. 84.
654 to 666.2 Repealed.
S.M. 1991-92, c. 15, s. 18.
Every act or thing done under subsections 625(1) to (9), 626(1) and (2) and 627(1) to (5) and 627(7) between July 26, 1991 and March 18, 1992, that would have been lawfully done if those subsections had not been repealed by The City of Winnipeg Amendment Act, S.M. 1991-92, c. 15, s. 18, is hereby validated and declared to have been lawfully done.
S.M. 1992, c. 37, s. 18.
MISCELLANEOUS
By-laws, etc. in effect in 1977
Notwithstanding the repeal of any provisions of this Act, any order, plan, agreement, contract, by-law, resolution, or application subsisting on the day on which the amendments to this Act came into force, shall continue in force, with such modifications as the circumstances require, under this Act until amended, revoked, repealed or replaced by the appropriate action taken under this Act.
ELECTRICITY AND GAS
In this section
"base load" means the amount of gas purchased during any month by a purchaser in or in connection with premises for other than space heating purposes and subject to subsection (2) determined by dividing the total amount of gas purchased in or in connection with those premises during the immediately preceding months of June, July and August by three; (« charge de base »)
"domestic purposes" means the consumption of electricity or gas solely to heat or serve a dwelling unit; (« fins domestiques »)
"dwelling unit" means
(a) a house, apartment, suite or separate portion of a multiple dwelling, occupied by one person, single family or a group of persons living as a single family or household, or
(b) an apartment block or other multiple dwelling containing not more than four apartments, suites or other self-contained domestic establishments, or
(c) a farm house or a farm and all barns, sheds and other buildings used in conjunction with the farm; (« logement »)
"purchase price" means the price at which electricity or gas is sold by a seller to a consumer before the allowance or deduction of any discount for prompt payment, and includes
(a) where the electricity or gas is purchased, manufactured or otherwise acquired outside the province and is later received in the city for use or consumption in the city, any costs to the purchaser related to the electricity or gas, including the cost of transportation,
(b) any tax, levy or duty that is imposed by the Government of Canada in respect of the electricity or gas, or its purchase, sale or importation, and that is paid or collected by the seller,
whether or not the costs, tax, levy or duty are shown separately on any invoice or in the books of the seller or purchaser; but does not include any tax or levy imposed by the Province of Manitoba in respect of the electricity or gas; (« prix d'achat »)
"purchaser" means a person who purchases electricity or gas for consumption and also means a consumer; (« acheteur »)
"seller" means
(a) in the case of electricity, a person, including Manitoba Hydro, who has agreed to sell to a consumer electricity that the person supplies directly to that consumer, or
(b) in the case of gas, a person
(i) who has agreed to sell to a consumer gas that the person supplies directly to that consumer, or
(ii) who supplies gas to a consumer on behalf of a broker who has entered into an agreement to sell that gas to the consumer; (« vendeur »)
Where the base load in respect of premises cannot be determined as described in clause (1)(a), the seller of the gas shall designate the amount of gas used in any month in or in connection with the premises for each purpose other than space heating and the total of all amounts of gas so designated shall be conclusively deemed to be the base load in respect of the premises.
Tax on electricity and gas consumed
Subject to section 548(5), the city may pass a by-law to the effect that
(a) every person who in the city consumes any electricity or gas for domestic purposes shall pay to the city a tax in respect of such electricity or gas, as the case may be, at the rate of 2.5% of the purchase price of such electricity or gas;
(b) every person who in the city consumes any electricity or gas for other than domestic purposes shall pay to the city a tax in respect of such electricity or gas, at the rate of 5% of the purchase price of such electricity or gas;
(c) where the tax for any year paid by a consumer under this section in respect of electricity or gas consumed for other than domestic purposes exceeds $1,000., the city shall refund to the consumer such part of the excess as shall be prescribed by the by-law;
(d) notwithstanding the provisions of a by-law passed under clauses (a) and (b), where in premises heated primarily by electricity, part of the electricity purchased is used for space heating and part for other services, the purchaser is exempt from payment of the tax imposed by a by-law passed under clause (a) or (b) in respect of the electricity used for heating the premises which in all cases shall be conclusively deemed to be 80% of the total electricity used by the purchaser in or in connection with the premises;
(e) notwithstanding the provisions of a by-law passed under clauses (a) and (b), where in premises heated primarily by gas, part of the gas purchased during any month is used for space heating and part for other services, the purchaser
is exempt from payment of the tax imposed by a by-law passed under clause (a) or (b) in respect of the gas used for heating the premises which in all cases shall be conclusively deemed to be the amount of gas used by the purchaser in excess of the base load during the month in or in connection with the premises.
The tax shall not be imposed in respect of
(a) electricity or gas used by the manufacturer thereof in his business or any department of his business;
(b) electricity purchased by one manufacturer or distributor thereof from another;
(c) gas purchased by one manufacturer or distributor thereof from another;
(d) electricity or gas exchanged between manufacturers thereof;
(e) electricity purchased by Manitoba Hydro;
(f) electricity or gas purchased for resale;
(g) electricity or gas purchased by a hospital as defined in The Hospitals Act for the purpose of and for use in the operation of the hospital;
(h) electricity and gas used solely for space heating purposes, but not including supplementary heating, except to the extent required to in the administration of a by-law passed under clause (3)(d) or (e); or
(i) gas sold for domestic purposes and measured by means of prepayment meters.
Where a tax is payable under a by-law passed under this section,
(a) the tax shall be due on the day that a bill for such electricity or gas is sent or delivered by the seller to the purchaser under the provisions of this section;
(b) the tax shall have priority over the purchase price thereof and shall be payable within 10 days from such date, and shall be collected by the seller, who is constituted by this section a tax collector for the city of the tax;
(c) the seller shall keep an account of the tax collected, or that should be collected, and shall remit the tax collected to the city;
(d) any money received by the seller of electricity or gas from the purchaser shall first be applied in payment of the tax imposed by a by-law passed under this section.
In the computation of the tax any fraction of a cent shall be computed as a whole cent.
Refund of money paid as tax on gas
A by-law passed under this section may, where a consumer has entered into an agreement with a broker for the purchase of gas at a price (referred to in this subsection as the "broker's price") that is less than the purchase price of the seller who supplies the gas,
(a) provide for a refund to the consumer of the difference between the amount of tax that
(i) the consumer paid to the seller on the purchase price of the gas, and
(ii) the consumer would have paid if the tax had been paid only on the broker's price of the gas;
(b) prescribe the amount below which no refund is required to be made; and
(c) require any application for a refund to be made before the expiration of such period as is prescribed.
Every person required by this section to collect the tax imposed by a by-law passed under this section, or any purchaser liable to pay it shall become a debtor of the city, as to a seller for the amount of the tax collected or which the person has refused or neglected to collect, or as to a purchaser for the amount of the tax payable by him, and the debt may be collected by action in any court of competent jurisdiction.
In addition to any other rights given by this section the city shall have a first lien or charge on all the personal property of every person liable to the city for the tax and shall have a first lien or charge on all the personal property of every person who has collected the tax, and such lien shall have the same priority as a lien for business tax under Part 8 of this Act, and the city shall have the same powers of collection, including the power of distress but without the necessity of mailing or giving any notice, as in the case of business tax under Part 8 of this Act.
Remedies separate or concurrent
The city may pursue all remedies given by this section separately or concurrently.
No remission of tax to purchaser
It shall be unlawful for the seller to remit the tax to the purchaser and it shall be unlawful for any seller to advertise or in any way let it be known to the public that the tax imposed by a by-law passed under this section shall not be payable or paid by the purchaser.
Bill to show amount of tax payable
Every seller of electricity or gas shall not less frequently than once every two months make and send or deliver to the purchaser a bill showing the amount of electricity or gas sold, the purchase price thereof, and the amount of the tax payable in respect thereof and in any action, proceeding or distress, the bill made and sent or delivered by the seller shall be conclusive evidence of the amount of electricity or gas sold, the purchase price thereof, and the tax payable.
Accounts and reports of collectors
Every person required to collect the tax imposed by a by-law passed under this section shall keep a separate account, in such form as may from time to time be prescribed by the treasurer, of the tax collected or which should have been collected, and shall report to the treasurer monthly, under oath, the amount payable to the city and furnish such other particulars as the treasurer may require; and shall forthwith pay the amount of the tax to the city.
Every person required to collect the tax imposed by a by-law passed or under this section shall permit his establishment or establishments to be visited and his books and other documents to be examined by the treasurer or by a person appointed in writing by the treasurer, to ascertain whether the provisions of this section and of any by-law passed under this section have been or are being complied with, and to establish the amount of the tax collected or that should be collected, and every such person, his officers and employees shall on request furnish to the treasurer or his representatives any information that the treasurer may require.
Power of treasurer to make enquiries
The treasurer shall have power to make inquiry into and concerning any sale or relating to the tax or any matter in connection therewith, and may examine persons on oath and compel them to answer questions and in all respects in connection with the levying and collection of the tax shall have all the powers of a commissioner under The Manitoba Evidence Act.
Tax estimated if no return by seller
If the seller fails to make the return or report required or to pay to the city the tax collected or which should have been collected by him, the treasurer shall estimate, fix and certify the amount of the tax collected or which should have been collected and paid, and the amount so certified shall be due and shall be payable forthwith to the city.
Liability for acts of employee
Any sale made by an employee or representative of a seller shall be deemed to have been made by the seller himself, and any purchase made by an employee or representative of the purchaser shall be deemed to have been made by the purchaser himself and in every such case all the rights and remedies which the city may have or exercise under this section may be exercised against the seller or purchaser, as the case may be, and every such seller or purchaser, as the case may be, shall be subject to the same obligations and be liable to the same penalties as if the sale or purchase, as the case may be, had been made by the seller or purchaser himself instead of by or through the employee or representative.
Compensation of seller for services
The city shall compensate sellers for services they render under this section at the same rate or in the same amount as is paid to dealers as remuneration for collecting and remitting taxes under The Revenue Act.
Every person who violates any provision of this section or of any by-law passed under it is guilty of an offence.
A person guilty of an offence under this section or under a by-law passed under this section is liable to a penalty under section 149.
Each day's continuance of the act or default out of which an offence against this section or against any by-law passed under it arises, shall constitute a separate offence, but nothing contained in this or any other subsection of this section, nor the enforcement of any penalty under it, shall suspend or affect any remedy for the recovery of any tax or amount payable under this section.
Information not to be released
Except where necessary in the case of an action, proceeding or distress under the provisions of this section, no person employed in any department of the city shall communicate or allow to be communicated to any other official, clerk or employee of the city, or to any other person any information obtained under the provisions of this section.
Purchaser to assume duties of seller
Where the seller does not carry on business in the city, the purchaser shall assume the duties, responsibilities and liabilities of the seller, in which case subsection (17) does not apply.
Owner of system to advise city
An owner of a distribution system that transports or distributes in the city gas that the owner of the distribution system does not own shall advise the city monthly of the amounts of such gas, and the name of each owner of the gas.
S.M. 1989-90, c. 51, s. 17; S.M. 1991-92, c. 42, s. 29; S.M. 1992, c. 37, s. 19; S.M. 1998, c. 37, s. 85.
Repealed.
S.M. 1989-90, c. 8, s.15.
TAXATION OF THE CITY
Notwithstanding any other Act of the Legislature, and subject to subsections (2) and (3), the city is, and all real and personal property belonging to the city is, exempt from all taxes or rates levied by municipal corporations or local government districts, including school taxes.
The city and any municipality or local government district may enter into an agreement whereby the city binds itself to make annually a grant to the municipality or local government district in lieu of paying taxes; and the city may pay the amount that, under the agreement, it has agreed to pay.
Taxes payable in certain cases
The city shall annually pay to the following municipal corporations and local government district and their respective successors, by way of an annual payment in lieu of all such taxes or rates, the amount set opposite their respective names:
(a) The Rural Municipality of
Springfield ................. $15,000;
(b) The Rural Municipality of
Tache ........................... $3,750;
(c) The Local Government District
of Reynolds ................. $2,500.
S.M. 1991-92, c. 42, s. 30
REVIEW OF ACT
The Lieutenant Governor in Council shall, as often as he considers it necessary,
(a) appoint a committee of such number of persons as he considers suitable; or
(b) appoint under Part V of The Manitoba Evidence Act, such commissioners as he considers suitable;
to review the operation of this Act and the activities of the city under the Act, and to consider such other relevant matters as the Lieutenant Governor in Council may prescribe; and the committee or the commissioners shall report to the Lieutenant Governor in Council with respect to the matters referred to them and shall set forth in the report their findings and recommendations.
EXEMPTION ORDER
Subject to section 653, where the Lieutenant Governor in Council considers it in the public interest and advisable for the purpose of carrying out or participating in a program or project that he or she deems to be a government program or project, the Lieutenant Governor in Council may by regulation order that a by-law, resolution, decision or procedure passed, made or required under this Act does not apply to and is not binding on an agency or person, including a statutory corporation or institution, named in the regulation for purposes set out in the regulation.
S.M. 1991-92, c. 15, s. 19.
SECURITY GUARDS
The city may employ special watchmen who, within public parks and within such other properties owned by the city or over which it has jurisdiction, as may be specified by by-law of the council, shall enforce the law, including the by-laws of the city.
Authority and powers of watchmen
A watchman appointed under this section has, within any area or place in which he is authorized to act, all the authority and powers of, and is subject to the same liability and to the performance of the same duties as, a constable under The Provincial Police Act.
MUNICIPAL ACT
Where a provision of The Municipal Act is expressly made applicable to the former City of Winnipeg, that provision applies to the city, except in so far as it may be contrary to or inconsistent with a provision of this Act.
References to The Municipal Act
Notwithstanding the repeal of The Municipal Act, R.S.M. 1988, c. M225, a reference to The Municipal Act in this Act, other than in clause 4(1)(b), is deemed to be a reference to that Act as it was immediately before its repeal, until an Act of the Legislature otherwise provides.
AREA MUNICIPALITIES
Reference to area municipality
Where in any other Act, order in council or regulation, reference is made to an area municipality, it shall be conclusively deemed to be a reference to The City of Winnipeg.
Successor to area municipalities
The city is the successor to and the continuation of each of the area municipalities.
Continuation of by-laws, resolutions
Notwithstanding the provisions of this Act and of any other Act, but subject to section 149, every by-law, regulation, resolution, order and plan in force in the city that was passed and approved under any of the Acts referred to in subsection 662(1) of The City of Winnipeg Act, S.M. 1971, chapter 105, or under The Municipal Act, continues in force in that portion of the city to which it formerly applied, until council directs that it ceases to have effect.
During the period that any part of the by-laws, regulations, resolutions, orders, or plans to which reference is made in subsection (3) continues in force, the council is responsible for their enforcement, and the council has all the rights and powers, and is charged with all the duties, possessed by or charged upon the authorities responsible for the enforcement and administration of those by-laws, regulations, resolutions, orders and plans, immediately before the coming into force of The City of Winnipeg Act, S.M. 1971, chapter 105.
Council may amend or repeal by-laws
The council may amend or repeal any of the by-laws, regulations, resolutions, orders and plans referred to in subsection (2) and may enact new by-laws, regulations, resolutions, orders and plans that relate to any of the matters dealt with by the by-laws, regulations, resolutions, orders and plans referred to in subsection (2).
S.M. 1989-90, c. 52, s. 32; S.M. 1998, c. 37, s. 86.
EMPLOYEES OF AREA MUNICIPALITIES
Where, on the coming into force of The City of Winnipeg Act, S.M. 1971, chapter 105, the city employed a person who was, immediately before the coming into effect of that Act, permanently employed by an area municipality, board, commission, corporation, or other body, authority or organization whose jurisdiction and authority became vested in the council under that Act,
(a) the employee shall be deemed to have remained an employee of the former employer for the purpose of any sick leave credit plan of the former employer until a sick leave credit plan for the city employees was established;
(b) the city shall have provided for that employee, during the first year of the employment of the employee by the city, vacation and holidays with pay equivalent to those to which the employee would have been entitled if the employee had continued to be employed by the former employer; and
(c) all the other terms of employment of the employee, including the amount of remuneration and pension or superannuation rights and group insurance benefits, if any, shall be not less favourable than those enjoyed by the employee while in the employment of the former employer.
Subject to The Labour Relations Act, the certification of a bargaining agent that has, under that Act, been certified as the bargaining agent for employees in a bargaining unit who by this Act become employees of the city, shall continue in force as a certification of the bargaining agent for those employees in their capacity as employees of the city.
Continuation of actions against city
Where, on the coming into force of The City of Winnipeg Act, S.M. 1971, chapter 105, an action was pending against an area municipality, board, commission, corporation, or other body, authority or organization by which, immediately before that Act came into force, the service, utility, operation, system, undertaking, organization, or property to which that Act applied or related, was owned, operated, or controlled, the action may be continued against the city.
Continuation of actions by city
Where, on the coming into force of The City of Winnipeg Act, S.M. 1971, chapter 105, an action was pending by an area municipality, board, commission, corporation, or other body, authority, or organization by which, immediately before that Act came into force, the service, utility, operation, system, undertaking, organization or property to which the Act applied or related was owned, operated, or controlled, including proceedings for the expropriation of land, the action or proceedings may be continued by the city in its own name, but the law and procedure applicable thereto on the coming into force of that Act continues to apply until the completion of the action or proceedings.
Transfer and vesting of rights
All rights, claims, estates, property, debts, obligations and liabilities of, against, vested in, due or payable to or owing or payable by each of the area municipalities, immediately before the coming into force of The City of Winnipeg Act, S.M. 1971, chapter 105, are rights, claims, estates, property, debts, obligations and liabilities of, against, vested in, due or payable to or owing or payable by, as the case may be, the city.
Transfer of rights and liabilities
The city shall, in respect of the property vested in it under The City of Winnipeg Act, S.M. 1971, chapter 105, have all the rights, powers, benefits and advantages conferred and be subject to all liabilities imposed, either by statute, by-law, contract, or otherwise upon the area municipality, board or commission in which the property was vested or which had jurisdiction over the property before the coming into force of that Act.
Proof of title to personal property
Where any personal property is vested in the city under this Act, it is sufficient to cite this Act to make proof of the title of the city to the property and its right to possession thereof.
LIBRARIES
Application of Public Libraries Act
Parts II (Municipal Public Libraries) and III (Regional Libraries) of The Public Libraries Act do not apply to the city, but the city is deemed to be a municipality within the meaning of that Act and public libraries within the city are deemed to be municipal public libraries within the meaning of that Act.
COMMUNITY CENTRES
Community centre boards continued
A community centre board in existence immediately before the coming into force of The City of Winnipeg Act, S.M. 1971, chapter 105, shall continue to supervise the operation of community centres for which they were responsible at that time.
BOARDS AND COMMISSIONS
Where, under this Act, the authority, powers, duties, or responsibilities of any board, commission, corporation or other body, authority, or organization are conferred or charged on the city, the boards, commissions, corporations or other body, authority, or organization shall continue until council determines otherwise and, subject to the other provisions of this Act, council may alter, amend revoke or enlarge the powers and jurisdiction of the boards, commissions, corporations or other bodies, including their membership.
Subject to the other provisions of this Act, all employees of the area municipalities and all employees of a board or commission immediately before the coming into force of The City of Winnipeg Act, S.M. 1971, chapter 105, continue to have the rights, privileges and duties provided in any Act referred to in subsection 662(1) of that Act, and in any other Act.
Boards and commissions continued
Where a board or commission has been continued under this Act, that board or commission shall be continued unless the council determines otherwise.
Termination of continued boards
The council may dissolve a board or commission continued under this Act at any time after this Act comes into force; but the council shall not act under this section unless written notice of motion is provided the members of council at least 90 days before the date of the meeting at which council considers the matter, or alternatively, at least 3/4 of the members of council agree to consider it, notwithstanding the lack of 90 days notice of motion.
ST. BONIFACE MUSEUM
The St. Boniface Museum Board shall continue to supervise the operation of museums for which it was responsible immediately before this Act came into force.
S.M. 1998, c. 37, s. 87; S.M. 1997, c. 41, s. 24.
Repealed.
PENSIONS
Where a member of the council was formerly a member of a council of an area municipality and as such acquired pension benefits, the council of The City of Winnipeg may provide for the recognition of such benefits in the event council establishes a pension plan for the members of the council of the city.
By-laws, etc. continued in additional zone
Notwithstanding the provisions of this or any other Act, but subject to sections 687 and 688, a by-law, regulation, resolution, order or plan that comes into force or effect in any part of the additional zone under The City of Winnipeg Act, S.M. 1971, chapter 105, or The Municipal Act, continues in force or effect until the municipal council of an additional zone area to which it applies directs that it cease to have force and effect in the area; and subsections 149(1) and (3) to (5) (offences and penalties) of this Act continue to apply to the by-law, regulation, resolution, order or plan.
S.M. 1989-90, c. 52, s. 33.
Winnipeg development plan continued
Notwithstanding the repeal of provisions in this Act relating to the additional zone, Plan Winnipeg, as defined in Part 20, is deemed to be a development plan adopted under The Planning Act in any part of a municipality that was in the additional zone, and is subject to the provisions of that Act.
S.M. 1989-90, c. 52, s. 33; S.M. 1991-92, c. 15, s. 20.
Conditional approval of subdivision in additional zone
Where before the repeal of provisions of this Act respecting the additional zone by The City of Winnipeg Amendment Act (3), S.M. 1989-1990, chapter 52, council approved subject to conditions a proposed plan of subdivision in the additional zone, the approval is deemed for the purposes of a subdivision that was not completed by January 1, 1991 to be a conditional approval under clause 64(2)(a) of The Planning Act and is subject to the provisions of that Act.
S.M. 1989-90, c. 52, s. 33; S.M. 1991-92, c. 15, s. 21.
| Sections: 1 - 81.16 | 82 - 161 | 162 - 280 | 281 - 392.1 | 393 - 469 | 470 - 520 | 521 - 573 | 574 - 688 Schedules: A | B | C |