Fifth Session, Thirty-Eighth Legislature
This version is based on the printed bill that was distributed in the Legislature after First Reading. It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.
Bill 33
THE NORTHERN AFFAIRS ACT
| Table of Contents | Explanatory Note |
(Assented to )
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
PART 1
INTRODUCTORY PROVISIONS
DEFINITIONS
The following definitions apply in this Act.
"affiliated body" means a body, all the members of which, or all the members of the board of management or board of directors of which, are appointed by the council of a community. (« organisme affilié »)
"area" means an area of land in northern Manitoba that is not within the boundaries of a settlement or community. (« région »)
"business" means
(a) a commercial, merchandising or industrial activity or undertaking;
(b) a profession, trade, occupation, calling or employment; or
(c) an activity providing goods or services;
whether or not carried on continuously or on an intermittent or one-time basis and whether or not for profit, and however organized or formed, and includes a co-operative and an association of persons. (« entreprise »)
"business tax" means a tax imposed by or under the authority of a by-law under section 158 or 162. (« taxe d'affaires »)
"by-election" means an election to fill a vacancy on the council of a community that is not conducted as part of a regular election. (« élection partielle »)
"community" means a community that is continued or designated under this Act. (« collectivité »)
"community administrative officer" means a person appointed as a community administrative officer under subsection 132(1). (« directeur de la collectivité »)
"community purposes" means the purposes set out in section 4. (« fins de la collectivité »)
"community record" means any kind of recorded information that is created or received by, or in the custody or control of, a community, regardless of physical form or characteristics, and includes
(a) information recorded on paper, photographic film, microfilm, sound or video tape or disk, and in a computer system;
(b) a copy of the record; and
(c) a part of the record. (« document de la collectivité »)
"community road" means land that
(a) has been opened under section 68, or opened, dedicated or reserved under any other Act, as a road for public use; and
(b) has not been closed under section 69 or any other Act;
and includes a road allowance, street, lane, thoroughfare, walkway, bridge and underpass, but does not include a departmental road as defined in The Highways and Transportation Act. (« chemin de la collectivité » ou « chemin relevant de la collectivité »)
"council" means the council of a community, and "community council" has the same meaning. (« conseil »)
"council committee" means a committee, or other body established by a council under subsection 125(1). (« comité du conseil »)
"council meeting" means a regular meeting or special meeting of a council, but does not include a public meeting held by a council. (« réunion du conseil »)
"court" means the Court of Queen's Bench. (« tribunal »)
"designated officer" means a person appointed to a position established under section 137. (« cadre désigné »)
"election" means an election for an office on the council of a community. (« élection »)
"improvement" means an improvement as defined in The Municipal Assessment Act. (« amélioration »)
"incorporated community" means a community that has been incorporated by a regulation made under section 8, and includes an incorporated community continued by this Act. (« collectivité constituée »)
"land" means land as defined in The Municipal Assessment Act. (« bien-fonds »)
"local authority" means
(a) a planning district established under The Planning Act;
(b) a school district or school division established under The Public Schools Act;
(c) a conservation district established under The Conservation Districts Act;
(d) a health and social services district board established under The District Health and Social Services Act;
(e) the governing board of a hospital district established under The Health Services Act;
(f) a community development corporation incorporated under Part XXI of The Corporations Act;
(g) a regional development corporation incorporated under Part XXII of The Corporations Act; or
(h) a body prescribed as a local authority by the minister. (« autorité locale »)
"local body" means
(a) any board, committee or other body that is established or appointed by a council and that administers funds of a community; and
(b) any organization or other body
(i) to which a community has made a grant or loan of money of $5,000. or more, and
(ii) on which a community is represented by one or more persons appointed by the council of the community. (« organisme local »)
"member", in relation to members of council, includes the mayor. (« membre »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)
"non-profit organization" means
(a) a corporation that is prohibited from paying dividends to its members, and distributing the assets to its members on a winding-up; or
(b) any other entity established under a law of Manitoba or Canada for a purpose other than to make a profit;
but does not include a credit union, caisse populaire or co-operative established under a law of Manitoba or Canada. (« organisme sans but lucratif »)
"northern Manitoba" means all that part of Manitoba north of the northern boundary of Township 21 that is not included in
(a) a wildlife management area or refuge designated as such under The Wildlife Act;
(b) a provincial forest designated as such under The Forest Act;
(c) a provincial park designated as such under The Provincial Parks Act;
(d) a municipality or local government district; or
(e) any area prescribed by the Lieutenant Governor in Council as not being within northern Manitoba for the purposes of this Act. (« Nord »)
"prescribed" means, unless otherwise indicated, prescribed by regulation under this Act.
"real property" means real property as defined in The Municipal Assessment Act. (« bien réel »)
"regular election" means an election held in a community under subsection 79(1). (« élections ordinaires »)
"regulation" means a regulation made under this Act. (« règlement »)
"requisition" means an amount that is required to be to levied and collected by or within a community on behalf of another entity. (« réquisition »)
"settlement" means a settlement that is continued or designated under this Act. (« localité »)
"taxes" means
(a) the following taxes imposed under Division 5 (Imposing and Collecting Taxes) of Part 7:
(i) real property taxes,
(ii) business taxes and fees in lieu of business taxes,
(iii) personal property taxes,
(iv) local improvement taxes;
(b) any other taxes, levies and charges imposed under this Act which may be added to or collected in the same manner as real property or personal property taxes or business taxes; and
(c) any taxes, levies or charges imposed under another Act which a community or the minister is required to collect and which may be added to or collected in the same manner as real property or personal property taxes or business taxes. (« taxes »)
"taxpayer" means a person liable to pay a tax imposed by or on behalf of a community. (« contribuable »)
"The Municipal Board" means The Municipal Board established under The Municipal Board Act. (« Commission municipale »)
"voter" means person who is qualified under Part 4 to vote in an election of members of council. (« électeur »)
Despite any Act of the Legislature,
(a) land within an Indian Reserve is not part of the area of a settlement or community;
(b) persons residing within an Indian Reserve are not residents of a settlement or community; and
(c) a description of the boundaries of a settlement or community, or the area within a settlement or community, is deemed to provide that land within an Indian Reserve is excluded from the settlement or community.
PURPOSES
The purposes of a settlement are
(a) providing for stewardship of public assets within the boundaries of the settlement;
(b) fostering economic, social and environmental well-being of the settlement; and
(c) delivering and participating in provincial programs and initiatives.
The purposes of a community are
(a) providing for good government;
(b) providing for services, facilities and other matters for community benefit;
(c) providing for stewardship of its public assets;
(d) fostering economic, social and environmental well-being of its community; and
(e) delivering and participating in provincial programs and initiatives.
PART 2
SETTLEMENTS AND COMMUNITIES
In this Part, "board" means the Northern Manitoba Community Consultation Board established in section 15.
The minister may by regulation designate an area as a settlement. The regulation must name the settlement and describe its boundaries.
The minister may by regulation designate a settlement or an area as a community. The regulation must name the community and describe its boundaries.
Boundaries need not be contiguous
The boundaries of a community need not be contiguous.
The minister may by regulation incorporate or unincorporate a community.
Principles, standards and criteria
The minister may establish and publish principles, standards and criteria that are to be considered in deciding whether to designate, change the corporate status of or dissolve a community.
Regulations Act does not apply
The Regulations Act does not apply to the principles, standards and criteria established under this section.
Changing boundaries or withdrawing designation
The minister may by regulation
(a) change the boundaries of a settlement or a community; or
(b) withdraw the designation of a settlement or community.
Effect of withdrawing designation
If the designation of a settlement or community is withdrawn, the territory previously within the boundaries of the settlement or community reverts to unorganized territory.
Change to be initiated by a proposal
A change in designation or corporate status must be initiated by a proposal.
Initiating a settlement or community
A proposal to have land designated as a settlement or a community may be initiated by
(a) the minister, if he or she is satisfied that the proposal is in the best interests of the residents of the area or settlement; or
(b) a petition signed by at least 15 residents of the land who are 18 years of age or older.
Initiating changes — settlement
A proposal to change the designation or boundaries of a settlement may be initiated by the minister, if he or she is satisfied that the proposal is in the best interests of the residents of the settlement.
Initiating changes — community
A proposal to change the designation, boundaries or corporate status of a community may be initiated
(a) by the minister, if he or she is satisfied that the proposal is in the best interests of the residents of the community; or
(b) by a resolution of the council of the community.
Subject to subsection (2), before making a regulation under this Part, the minister must
(a) refer the subject matter of the regulation to the board;
(b) receive the board's report and recommendations in respect of the matter; and
(c) consider the principles, standards and criteria established under section 9.
The minister may by regulation correct an error or clarify an ambiguity in the description of the boundaries of a settlement or community.
Board to conduct public consultations
Only the minister can refer a proposal to the board, but the minister is not obligated to refer every proposal he or she receives to the board.
The boundaries of a settlement or community described in a regulation made under this Part are sufficiently described if the boundaries are indicated on, or described by reference to, a map adopted, incorporated or referred to in the regulation.
NORTHERN MANITOBA COMMUNITY CONSULTATION BOARD
The Northern Manitoba Community Consultation Board is hereby established.
The board is to consist of three members appointed by the minister, one of whom must be the nominee of the Northern Association of Community Councils.
The term of office of a member must not be more than three years, but a member may be re-appointed.
A member whose term expires continues to hold office until he or she is re-appointed or a successor is appointed.
The minister may fill a vacancy on the board by appointing a person to fill the former member's unexpired term.
The minister may determine the amount of any remuneration and reimbursement for expenses that may be paid to members.
The minister may provide the board with any staff that it requires to carry out its functions under this Act.
Board may add residents as members
Despite subsection 16(1), to assist it in its consultations regarding a specific proposal, the board may, with the written approval of the minister, appoint one or two residents of the area, settlement or community affected by the proposal.
A resident appointed by the board has all the powers and duties of a member of the board for the proposal that affects his or her area, settlement or community.
PUBLIC CONSULTATIONS
Referral to include description of proposal
When referring a proposal to the board, the minister must include a general description of the proposal and the reasons for it.
Copies of proposal to be provided
The minister must give a copy of the proposal to the following:
(a) if a community is affected by the proposal, the community's council;
(b) if a settlement is affected by the proposal, the settlement's contact person.
Notice of proposal must be posted
The council or contact person must post notice in the following places that a proposal has been received:
(a) in the case of a community,
(i) in the community office,
(ii) the place of the regular meetings of council, if other than the community office, and
(iii) at least one other location in the community designated by council;
(b) in the case of a settlement, in at least one location in the settlement that is accessible to the public.
The notice must state that interested persons may obtain access to the proposal by contacting the following persons:
(a) in the case of a community, the community administrative officer;
(b) in the case of a settlement, the contact person.
Proposal must be made available on request
The community administrative officer or contact person must, on the request, provide access to the proposal within a reasonable time.
Board to give notice and hold meeting
Upon receiving a proposal from the minister, the board must hold at least one public meeting about it.
The board must give public notice of the meeting at least 30 days before it is held.
The board may hold the public meeting at any location that is suitable and, in its opinion, convenient for residents who may be affected by the proposal.
The board must
(a) at the time and place set out in the notice that was posted, begin the meeting;
(b) hear any person who may be affected by the proposal and who wishes to make a submission, ask a question or register an objection on his or her own behalf or on behalf of others;
(c) keep a record of its proceedings; and
(d) prepare a report.
Board to submit report to minister
Unless otherwise specified by the minister, not earlier than 30 days or later than 120 days after all the public meetings in respect of a proposal are completed, the board must give its report to the minister.
The board's report must contain
(a) a summary of the public consultations that were held, including the dates and locations of the public meetings;
(b) a summary of the submissions, questions and objections received; and
(c) the recommendations of the board respecting the proposal.
CHANGE IN DESIGNATION OF COMMUNITY
Effect of change of designation of community
A regulation changing the designation of a community or its corporate status may contain provisions dealing with one or more of the following in relation to the area, settlement or community affected by the regulation:
(a) assessment and taxation, which may include phasing in increases or decreases in taxes or licence fees that are directly attributable to the change in designation;
(b) property;
(c) employees;
(d) by-laws being continued, including by-laws that, as a result of the change in designation, the community no longer has the authority to make;
(e) collection of taxes, and fees in lieu of taxes;
(f) any matter required to deal with the change in designation, whether transitional of otherwise;
(g) the application, addition, change or substitution of an Act of the Legislature or any regulation under an Act of the Legislature to give effect to the regulation.
Extent of regulation-making under subsection (1)
The provisions referred to in subsection (1) may deal with rights, obligations, liabilities, assets and any other thing that the minister considers is appropriate to be dealt with in the regulation.
Receiver may be appointed if community dissolved
The minister may appoint a receiver for a community dissolved by regulation under this Part, and sections 200 to 202 apply, with necessary changes, to the receiver.
If a regulation under this Part changes the corporate status of a community but does not change its boundaries in a material way, each member of council of the community continues to hold office on the council until his or her term of office expires.
New community or material change in boundaries
If a regulation under this Part designates a new community or alters the boundaries of an existing community in a material way,
(a) each member of council of the community ceases to hold office; and
(b) the regulation must deal with the matters set out in section 93 (election of first council).
Retroactivity and coming into force
A regulation made under this Part may provide
(a) for the retroactive application of the regulation or any of its provisions; and
(b) for different provisions of the regulation to come into force on different dates.
A regulation or any of its provisions may be made retroactive only to a date in the year immediately before the calendar year in which the regulation is made.
Correction of errors in regulations
An error in any regulation made under this Part may be corrected by subsequent regulation, and the correcting regulation may be made effective as of the date of the original regulation or on some other later date that is specified in the regulation.
PART 3
COMMUNITY POWERS AND DUTIES
DIVISION 1
BY-LAW MAKING POWERS
GENERAL
Communities not incorporated require delegation
Except as delegated to it by the minister under section 175, a community that is not incorporated may not exercise any of the powers or functions in this Division.
Geographic application of by-laws
A by-law of a community applies only within its boundaries unless
(a) the community agrees with another community or municipality that a by-law passed by one has effect within the boundaries of the other and the council of each passes a by-law approving the agreement; or
(b) this or any other Act provides that the by-law applies outside the boundaries of the community.
By-law inconsistent with other legislation
A by-law that is inconsistent with an enactment in force in the province is of no effect to the extent of the inconsistency.
Guide to interpreting power to pass by-laws
The power given to a council under this Division to pass by-laws is stated in general terms
(a) to give broad authority to the council and to respect its right to govern the community in whatever way the council considers appropriate, within the jurisdiction given to it under this and other Acts; and
(b) to enhance the ability of the council to respond to present and future issues in the community.
A council may pass by-laws for community purposes respecting the following matters:
(a) the safety, health, protection and well-being of people, and the safety and protection of property;
(b) people, activities and things in, on or near a public place or a place open to the public, including parks, community roads, recreation centres, restaurants, facilities, retail stores, malls, and private clubs and facilities that are exempt from taxes imposed by the community;
(c) subject to section 30, activities or things in or on private property;
(d) community roads, including naming the roads, posting the names on public or private property, and numbering lots and buildings along the roads;
(e) private works on, over, along or under community roads;
(f) property adjacent to highways or community roads, whether the property is publicly or privately owned;
(g) the operation of off-road vehicles on public or private property;
(h) drains and drainage on private or public property;
(i) preventing and fighting fires;
(j) the sale and use of firecrackers and other fireworks, the use of rifles, guns and other firearms, and the use of bows and arrows and other devices;
(k) wild and domestic animals and activities in relation to them, including by-laws differentiating on the basis of sex, breed, size or weight;
(l) public utilities;
(m) local transportation systems;
(n) businesses, business activities and persons engaged in business;
(o) the enforcement of by-laws.
Exercising by-law-making powers
Without limiting the generality of subsection (1), a council may in a by-law passed under this Division
(a) regulate or prohibit;
(b) adopt by reference in whole or in part, with any changes the council considers necessary or advisable, a code or standard made or recommended by the Government of Canada or a province or a recognized technical or professional organization, and require compliance with the code or standard;
(c) deal with any development, activity, industry, business, or thing in different ways, or divide any of them into classes and deal with each class in different ways;
(d) establish fees or other charges for services, activities or things provided or done by the community or for the use of property under the ownership, direction, management or control of the community;
(e) subject to the regulations, provide for a system of licences, permits or approvals, including any or all of the following:
(i) establishing fees, and terms for payment of fees, for inspections, licences, permits and approvals, including fees related to recovering the costs of regulation,
(ii) establishing fees for licences, permits and approvals that are higher for persons or businesses who do not reside or maintain a place of business in the community,
(iii) prohibiting a development, activity, industry, business or thing until a licence, permit or approval is granted,
(iv) providing that terms and conditions may be imposed on any licence, permit or approval, and providing for the nature of the terms and conditions and who may impose them,
(v) providing for the duration of licences, permits and approvals and their suspension or cancellation or any other remedy, including undertaking remedial action, and charging and collecting the costs of such action, for failure to pay a fee or to comply with a term or condition or with the by-law or for any other reason specified in the by-law,
(vi) providing for the posting of a bond or other security to ensure compliance with a term or condition;
(f) except where a right of appeal is already provided in this or any other Act, provide for an appeal and the body that is to decide the appeal, and related matters;
(g) require persons who do not reside or have a place of business in the community to report to the community office before conducting business in the community; and
(h) require pawnbrokers to report all transactions by pawn or purchase to the mayor or to the police.
Content of by-laws under clause 29(1)(c)
A by-law under clause 29(1)(c) (activities or things in or on private property) may contain provisions only in respect of
(a) the requirement that land and improvements be kept and maintained in a safe and clean condition;
(b) the parking and storing of vehicles, including the number and type of vehicles that may be kept or stored and the manner of parking and storing;
(c) the removal of top soil; and
(d) activities or things that in the opinion of the council are or could become a nuisance, which may include noise, weeds, odours, unsightly property, fumes and vibrations.
Content of by-laws under clause 29(1)(f)
Without limiting the generality of clause 29(1)(f) (property adjacent to highways or community roads), a by-law passed under that clause may include provisions respecting signs, survey monuments, landscaping and setbacks, including
(a) the growing of trees and shrubs and the construction of improvements;
(b) the control and removal of trees, shrubs, weeds, grass, snow, ice and obstructions; and
(c) the construction, repair and removal of fences and snow fences.
Charge re local transportation system under clause 29(1)(m)
Despite The Public Utilities Board Act, including section 106 (conflict of laws) of that Act, a rate, toll, fare or other charge established by a council in respect of a local transportation system referred to in clause 29(1)(m) is not subject to that Act.
Content of by-laws under clause 29(1)(o)
Without limiting the generality of clause 29(1)(o) (enforcement of by-laws), a by-law passed under that clause may include provisions
(a) providing for procedures, including inspections, for determining whether by-laws are being complied with; and
(b) remedying contraventions of by-laws, including
(i) creating offences,
(ii) subject to the regulations, providing for fines and penalties, including the imposition of a penalty for an offence that is in addition to a fine or imprisonment, so long as the penalty relates to a fee, rate, toll, charge or cost that is associated with the conduct that gives rise to the offence, or related to enforcing the by-law,
(iii) providing that an amount owing under subclause (ii) may be collected in any manner in which a tax may be collected or enforced under this Act,
(iv) seizing, removing, impounding, confiscating and selling or otherwise disposing of plants, animals, vehicles, or other things related to a contravention, and
(v) charging and collecting costs incurred in respect of acting under subclause (iv).
Application of clause 29(1)(o)
Clause 29(1)(o) applies only in respect of a by-law passed under this Part.
No licence required for sale of own produce
Despite clause 29(2)(e) (by-laws respecting licences, permits, approvals), a community may not require that a licence, permit or approval be obtained to sell produce grown in Manitoba if the sale is by the individual who produced it or an immediate family member or employee of the individual.
Fee in addition to business or other tax
A fee imposed under this Division is in addition to, and not in lieu of, a business or other tax imposed under Division 5 of Part 7.
ENFORCEMENT OF BY-LAWS
Community inspections and enforcement
If this or any other Act, a regulation or a by-law authorizes or requires anything to be inspected, remedied, enforced or done by a community, a designated officer of the community may, after giving reasonable notice to the owner or occupier of land or the building or other structure to be entered to carry out the inspection, remedy, enforcement or action,
(a) enter the land or structure at any reasonable time, and carry out the inspection, remedy, enforcement or action authorized or required by the Act, regulation or by-law;
(b) request that anything be produced to assist in the inspection, remedy, enforcement or action; and
(c) make copies of anything related to the inspection, remedy, enforcement or action.
The designated officer must display or produce on request identification showing that he or she is authorized to make the entry.
In an emergency, or in extraordinary circumstances, the designated officer need not give reasonable notice or enter at a reasonable hour and may do the things referred to in clauses (1)(a) and (c) without the consent of the owner or occupant.
Court authorized inspections and enforcement
The community may apply to the court for an order under subsection (2) if a person
(a) refuses to allow or interferes with the entry, remedy, inspection, enforcement or action referred to in section 36; or
(b) refuses to produce anything to assist in the inspection, remedy, enforcement or action referred to in section 36.
On an application under subsection (1), the court may issue any order it considers appropriate, including
(a) restraining a person from preventing or interfering with the entry, remedy, inspection, enforcement or action; or
(b) requiring the production of anything to assist in the inspection, remedy, enforcement or action.
If a designated officer of a community believes that a meter or other device that measures a utility or other service has been tampered with, the designated officer may apply to the court for an order authorizing
(a) entry of the land or structure in which the device is located; and
(b) inspection and testing of the device.
The judge may issue the order on being satisfied by evidence of the designated officer under oath that he or she has reasonable grounds to believe the meter has been tampered with.
If a designated officer finds that a person is contravening a by-law or this or any other Act that the community is authorized to enforce, the designated officer may by written order require the person responsible for the contravention to remedy it if, in the opinion of the officer, the circumstances so require.
The order may
(a) direct a person to stop doing something, or to change the way in which the person is doing it;
(b) direct a person to take any action or measure necessary to remedy the contravention of the Act or by-law, including the removal or demolition of a structure that has been erected or placed in contravention of a by-law and, if necessary, to prevent a re-occurrence of the contravention;
(c) state a time within which the person must comply with the directions; and
(d) state that if the person does not comply with the directions within a specified time, the community will take the action or measure at the expense of the person.
Order to remedy dangers and unsightly property
If, in the opinion of a designated officer, a structure, excavation or hole is dangerous to public safety or property, or because of its unsightly condition, is detrimental to the surrounding area, the designated officer may by written order
(a) in the case of a structure, require the owner
(i) to eliminate the danger to public safety in the manner specified, or
(ii) to remove or demolish the structure and level the site;
(b) in the case of land that contains the excavation or hole, require the owner
(i) to eliminate the danger to public safety in the manner specified, or
(ii) to fill in the excavation or hole and level the site; or
(c) in the case of property that is in an unsightly condition, require the owner
(i) to improve the appearance of the property in the manner specified, or
(ii) if the property is a building or other structure, to remove or demolish the structure and level the site.
The order may
(a) state a time within which the person must comply with the order; and
(b) state that if the person does not comply with the order within the specified time, the community will take the action or measure at the expense of the person.
A person who receives a written order under section 39 or 40 may, if the community is incorporated, request the council to review the order by written notice within 14 days after the date the order is received, or such longer period as a by-law specifies.
After reviewing the order, the council of an incorporated community may confirm, vary, substitute or cancel the order.
Review if community not incorporated
In a community that is not incorporated, a person who receives a written order under section 39 or 40 may request the minister review the order, as provided for under section 194 (appeals to minister).
Community remedying contraventions
A community may take whatever action or measures are necessary to remedy a contravention of a by-law or this or any other Act that the community is authorized to enforce or to prevent a re-occurrence of the contravention, if
(a) the designated officer has given a written order under section 39;
(b) the order contains a statement referred to in clause 39(2)(b);
(c) the person to whom the order is directed has not complied with the order within the time specified in the order; and
(d) the appeal period respecting the order has passed or, if an appeal has been made, the appeal has been decided, and it allows the community to take the action or measures.
If the order under section 39 directs that premises be put and maintained in a sanitary condition, the community may, under this section, close the premises and use reasonable force to remove occupants.
The costs of an action or measure taken by a community under this section are an amount owing to the community by the person who contravened the Act or by-law.
Remedying dangers and unsightly property
A community may take whatever actions or measures it considers necessary to eliminate the danger to public safety caused by a structure, excavation or hole or to deal with the unsightly condition of property if
(a) the community has given a written order under section 40;
(b) the order contains a statement referred to in clause 40(2)(b);
(c) the person to whom the order is directed has not complied with the order within the time specified in the order; and
(d) the appeal period respecting the order has passed or, if an appeal has been made, the appeal has been decided and it allows the community to take the action or measures.
If a structure is being removed or demolished by a community under this section, the community may use reasonable force to remove occupants.
The costs of an action or measure taken by a community under this section are an amount owing to the community by the person who was required to do something by the order under section 40.
If the community sells all or part of a structure that is removed under this section, the proceeds of the sale must be used to pay the expenses and costs of the removal, and any excess proceeds must be paid to the person entitled to them.
Despite sections 40, 42 and 43, in an emergency a community may take whatever actions or measures are necessary to eliminate the emergency.
This section applies whether or not the emergency involves a contravention of this or any other Act that the community is authorized or required to enforce, or a by-law.
A person who receives an oral or written order under this section requiring him or her to provide labour, services, equipment or materials must comply with the order.
Remuneration for service or materials
A person who provides labour, services, equipment or materials under this section and who did not cause the emergency is entitled to reasonable remuneration from the community.
The costs of actions or measures taken to eliminate an emergency, including the remuneration referred to in subsection (4), are an amount owing to the community by the person who caused the emergency and may be collected by the community in the same manner as a tax may be collected or enforced under this Act.
Application to court to enforce by-law
A community may apply to the court for an injunction or other order to enforce a by-law of the community or to restrain a contravention of it, and the court may grant or refuse the injunction or other order or make any other order that it considers fair and just.
Contravention of by-law is an offence
A person who contravenes a by-law of a community is guilty of an offence and, if the by-law imposes no other penalty, is liable on summary conviction to a fine of not more than $500. or to imprisonment for a term of not more than three months, or both.
Where a contravention continues for more than one day, the person is guilty of a separate offence for each day it continues.
A fine imposed for contravening a by-law of a community must be paid to the community.
DIVISION 2
CORPORATE POWERS
GENERAL POWERS
When community is a corporation
A community that has been incorporated under this Act is a corporation and, subject to this Act, has the rights and is subject to the liabilities of a corporation and may exercise its powers for community purposes.
Without limiting the generality of subsection (1), an incorporated community may for its purposes do the following:
(a) acquire, hold, mortgage and dispose of land, improvements and personal property, or an interest in land, improvements and personal property;
(b) construct, operate, repair, improve and maintain works and improvements;
(c) acquire, establish, maintain and operate services, facilities and utilities;
(d) use community equipment, materials and labour to carry out private works on private property.
The power of a community referred to in clause 47(2)(a) to acquire land, improvements and personal property includes
(a) acquisition by purchase, lease, gift or otherwise, on any terms or conditions acceptable to the council;
(b) acquisition for any purpose, including resale;
(c) acquisition of options on land; and
(d) acquisition of land and improvements outside the community.
The power of a community referred to in clause 47(2)(a) to mortgage land includes
(a) subject to the approval of the minister, mortgaging land as security for part of the purchase price or for any other purpose; and
(b) accepting and registering a mortgage on land sold by it as security for the whole or part of the purchase price.
Powers respecting works, services, utilities
A community exercising powers in the nature of those referred to in clauses 47(2)(b), (c) and (d) may set terms and conditions in respect of users, including
(a) setting the rates or amounts of deposits, fees and other charges, and charging and collecting them;
(b) providing for a right of entry onto private property to determine compliance with other terms and conditions, to determine the amount of deposits, fees or other charges, or to disconnect a service; and
(c) discontinuing or disconnecting a service and refusing to provide the service to users who fail to comply with the terms and conditions.
A charge referred to in clause (1)(a) may be collected by the community in the same manner as a tax may be collected or enforced under this Act.
Rates for services and commodities
Despite The Public Utilities Board Act, a community may, as provided in this Act, establish prices, rates, fees, deposits or other charges for any commodity or service that the community supplies and, for that purpose, the community need not obtain any approval from The Public Utilities Board, the intention being that the amounts established by the community may be different than the amount necessary for the purposes of offsetting any costs related to supplying the commodity or service.
General authority re agreements
An incorporated community may enter into agreements with the Government of Manitoba or the Government of Canada, or an agency of either of those governments, with a band as defined in the Indian Act (Canada), with a local authority or another community, or with any person
(a) to obtain property or services required for the operations of the community;
(b) to provide property or services in the community or outside the community; or
(c) to do any of those things jointly with the other parties to the agreements.
The power of a community to enter into agreements includes the power to enter into agreements pertaining to land, improvements, personal property, works, services, facilities, utilities or private works within or outside the boundaries of the community.
Power to enter agreements and use funds
No community has the power to enter into an agreement or to use its funds in a manner that is contrary to this or any other Act or a by-law of the community.
Expropriation for community purpose
Subject to the approval of the minister, a community may, by expropriation in accordance with The Expropriation Act, acquire land and improvements that the council considers necessary or advisablefor a community purpose.
A council may, for the purpose of determining whether to expropriate, authorize an employee or other person to enter upon land to conduct surveys, appraisals and tests, and a person so authorized may enter upon the land for that purpose.
Land acquired in a municipality
Where a community acquires land in a municipality, the land remains in all respects subject to the jurisdiction of the municipality in which the land is situated unless the community and the municipality otherwise agree.
Community may not assert lack of authority
A community may not assert any of the following in respect of its dealings with a person, unless the person has or ought to have knowledge to the contrary:
(a) that the community did not follow its own procedures;
(b) that a person held out by the community as having the authority to carry out certain powers or duties was not authorized to carry them out;
(c) that a document that is issued by an employee who has the authority to issue it is not valid or genuine.
ECONOMIC DEVELOPMENT AND TAX SHARING AGREEMENTS
In this section,"economic development" means the establishment, expansion or continuation of a business or industry.
Encouraging economic development
A council may encourage economic development in any manner it considers appropriate and, for that purpose, may enter into an agreement with a person, with an agency of the Government of Manitoba or the Government of Canada, or with another community, including a community in another province.
A council may adopt a strategic plan for economic development in the community.
A council may make a grant for the purpose of economic development in the community, but the grant must not be used directly or indirectly to reduce the amount of community or school taxes payable to the community or to reimburse a person for community or school taxes that are paid or payable to the community.
A community may enter into an agreement with another community or a municipality to share taxes or grants in lieu of taxes paid or payable to them or any of them.
GRANTS
A council may make a grant to or otherwise assist
(a) a charitable or non-profit organization, association or corporation;
(b) another community; or
(c) a municipality or local authority;
if in its opinion the purpose for which the grant is made is in the interest or to advantage of the community or its residents.
Benefit may be to only part of community
A council may make a grant under this section even though only a part of the community or only some of the residents may benefit from the grant.
Recipient may be outside community
A council may make a grant under this section even though the recipient, or any of its facilities, programs or activities, is primarily or solely located or carried on outside the community, if the residents of the community, or some of them, will or could benefit from the grant.
Grant to community or regional development corporation
A community may enter into an agreement with a community or regional development corporation for the making of a grant to the community or regional development corporation, but such an agreement must not provide for
(a) a grant to be made after the council's term of office expires; or
(b) any renewal or continuation of the agreement by reason of the failure of a party to give notice.
A grant under subsection (4) must not be used directly or indirectly to reduce the amount of community or school taxes payable to a community or to reimburse a person for community or school taxes paid or payable to a community.
The following definitions apply in this section.
"community development corporation" means a corporation incorporated under Part XXI (Community Development Corporations) of The Corporations Act. (« corporation de développement local »)
"regional development corporation" means a corporation incorporated under Part XXII (Corporations Without Share Capital) of The Corporations Act. (« corporation de développement régional »)
COMMUNITIES NOT INCORPORATED
Communities not incorporated may only exercise delegated powers
Except as delegated to it by the minister under section 175, a community that is not incorporated may not exercise any of the powers or functions in this Division.
Authorization required to dispose of property
In exercising a power, duty or function under this Division that has been delegated to it, a community
(a) that uses any funds it receives under this Act to acquire property, or an interest in property, holds that property, or interest in, it in trust for the minister; and
(b) must not dispose of any property that it holds in trust for the minister, or any interest or right in it, by way of sale, lease or other disposition, unless it first obtains the written authorization of the minister.
Authorization may contain directions re proceeds
When authorizing a disposition, the minister may provide directions regarding the proceeds, and a community must comply with the directions.
Terms, conditions and procedures
In authorizing a community to dispose of property, the minister may establish different procedures, depending on the type and value of the property that is to be disposed of, that a community must follow when disposing of property.
DIVISION 3
DUTIES OF COMMUNITIES
FIRE PROTECTION
Every community must
(a) establish a program in the community which must include public education with respect to fire safety and fire prevention; and
(b) provide such other fire protection services as it determines may be necessary in accordance with its needs and circumstances.
In discharging its responsibilities under subsection (1), a community
(a) must appoint a community fire safety officer; and
(b) may establish fire protection services, which may include inspections of property, the installation of alarms, instructions on fighting fires, the provision of fire fighting equipment and a fire protection force.
Fire protection services may be provided by a fire protection force comprised wholly or partly of volunteers.
For the purpose of providing fire protection services, a community may enter into an agreement with a person or, subject to the prior approval of the minister, a municipality, another community or an agency or department of the Government of Manitoba or the Government of Canada.
A community or a party to an agreement under section 61 may fix a fee or other charge, or a method for determining a charge, for responses by its fire protection force to false alarms caused by automatic fire detection systems.
A fee or charge under subsection (1) is a debt due the community and may be collected by the community in the same manner as a tax may be collected or enforced under this Act.
Services of fire protection force
A fire protection force may, with the approval of the council, provide other services, including the prevention and relief of illness and injury and the preservation of life and property.
Powers of fire protection force
A fire protection force may take such action as it considers reasonably necessary, including using any real or personal property, entering a building or upon land and demolishing or removing a building, tree, structure or crop to provide fire protection services and, subject to the council's approval under section 63, to prevent injury and to preserve life and property.
COMMUNITY ROADS
Title to land — community roads
Despite this or any other Act or any title issued to a community, the title to land on which a community road is situated, or on which was situated a community road that has been closed under section 69, is vested in the Government of Manitoba.
Subsection (1) does not affect the rights of
(a) a person who conveys title to land to be used as a community road or part of a community road, but reserves the ownership of mines and minerals in the land or an easement or right in the nature of an easement;
(b) The Manitoba Hydro-Electric Board or any other Crown agency under The Manitoba Hydro Act or any other Act; or
(c) a person claiming under a person referred to in clause (a) or an agency referred to in clause (b).
Subject to this and any other Act, a community has the direction, control and management of community roads within its boundaries.
Powers respecting community roads
A community may
(a) subject to section 68, open a community road;
(b) subject to section 69, close a community road;
(c) subject to section 70, authorize
(i) the lease of land on which was located a community road that has been closed,
(ii) the sale of land on which was situated a community road that has been closed, and
(iii) the sale of land shown as a road allowance in the Dominion Government Survey;
(d) subject to section 71, remove and sell sand and gravel found on or under a community road;
(e) construct, improve, alter or divert a community road;
(f) use private land as a temporary community road, subject to the payment of compensation for the use of the land and any damage caused by the use; and
(g) subject to The Water Rights Act and the prior approval of the minister, acquire, enter upon or use land in or adjacent to the community for the purpose of providing drainage for a community road or an outlet for the drainage, subject to the payment of compensation for the use of the land and any damage caused by the use.
A community may open land for public use as a community road by
(a) passing a by-law opening the road; and
(b) registering the by-law and a plan at the appropriate land titles office.
Subject to subsection (2), a community may close a community road by
(a) passing a by-law closing the road;
(b) obtaining written approval of the by-law from the minister; and
(c) registering the approved by-law and a plan at the appropriate land titles office.
A community proposing to close a community road must give public notice and hold a public meeting in respect of the proposed closure and must serve notice of the proposal and meeting on the member of the Executive Council charged with the administration of The Highways and Transportation Act.
Sale or lease of land re community roads
With the agreement of the council of a community, the member of the Executive Council charged with the administration of The Crown Lands Act may do the following:
(a) lease land on which was located a community road that has been closed;
(b) sell land on which was situated a community road that has been or is to be closed under section 69;
(c) sell land shown as a road allowance in the Dominion Government Survey.
Where land on which was situated a community road that has been closed under section 69 is sold, a transfer of the land to a person vests in the person the fee simple, but the title to the mines and minerals remains vested in the Government of Manitoba unless their sale is expressly approved in writing by the member of the Executive Council charged with the administration of The Crown Lands Act.
A community may, subject to The Mines and Minerals Act, remove sand and gravel found on or under a community road and
(a) use it for the construction, maintenance or repair of a community road; or
(b) with the written consent of the Minister of Conservation, sell it.
Maintenance of community roads and certain land after approval
A community must maintain
(a) community roads within its boundaries; and
(b) land within its boundaries that is shown on a plan of subdivision registered by an applicant at a land titles office under The Planning Act as dedicated for public use as a community road, upon compliance by the applicant with any condition that is related to the road and required for approval of the plan.
Standard of construction and maintenance
A community is required to construct or maintain a community road only to a standard that is appropriate for the use to which the community expects the road to be put.
Application: community that is not incorporated
A community that is not incorporated may not remove and sell sand and gravel found on or under a community road, as provided for in clause 67(d), without the prior written approval of the minister.
DRAINS
In this section, "drain" means a culvert, drain, drainage ditch, dyke or floodway, constructed or maintained by a community, but does not include a provincial waterway as defined by The Water Resources Administration Act.
Subject to the rights vested in any other party under The Water Resources Administration Act or The Water Rights Act, a community has jurisdiction over every drain within its boundaries.
A community must maintain every drain within its boundaries to a standard that is appropriate for the use to which the community expects the drain to be put.
Community's power to clear drains
A community may require a person who without written authority from the community obstructs a drain to remove the obstruction, and if the person fails to do so, the community may remove the obstruction and recover any expense it incurs from the person who caused the obstruction
(a) by levying and collecting the amount of the expense as a tax; or
(b) by any other means.
ROADS, BRIDGES AND DRAINS CROSSING COMMUNITY BOUNDARIES
Joint responsibility to maintain
Where a community road, bridge or drain crosses or runs along the boundaries of a community and another community or municipality, the community and the neighbouring community or municipality are jointly responsible for maintaining the road, bridge or drain.
Standard of construction and maintenance
Communities are required to construct or maintain a road, bridge or drain referred to in subsection (1) only to a standard that is appropriate for the use to which the community and the other community or municipality agree they expect the road, bridge or drain is to be put.
Agreement to construct or maintain
A community may request another community or a municipality to enter into an agreement to construct or maintain or to share the costs of constructing or maintaining a road, bridge or drain that crosses or runs along their boundaries or is located within either of their boundaries.
Joint jurisdiction over roads and bridges
Communities or communities and municipalities that have joint responsibility for a road, bridge or drain under subsection (1) have joint jurisdiction over it but must enter into an agreement respecting which of their respective by-laws are to apply to the road or bridge, and who is to enforce the by-laws.
A community that is not able to agree with a municipality on a matter relating to a road, bridge or drain may refer the matter to The Municipal Board for determination, including
(a) whether a road, bridge or drain is needed;
(b) a standard of construction or maintenance;
(c) the share of construction or maintenance costs to be borne by each;
(d) whose by-laws are to be enforced and by whom; and
(e) the share of the costs of enforcing a by-law to be borne by each.
A community that is not able to agree with another community on any matter described in subsection (5) may refer the matter to the minister for determination.
PART 4
ELECTIONS RE COMMUNITY COUNCILS
The election of members of a council is to be in accordance with this Part and the regulations.
A member of council elected at a regular election holds office for a term of four years.
The term of office of a member of a council elected at a regular election starts 14 days after the day of the election and ends 14 days after the next regular election held to fill the position.
An individual elected to fill a vacancy on council holds office from the day the senior election officer declares the results of the by-election and ends 14 days after the next regular election held to fill the position.
Regular elections must be held on the fourth Wednesday of October in the year prescribed by the minister.
A regulation under this Part may provide staggered terms for members of a council.
The mayor of a community is to be elected by a vote of the voters of the whole community unless the regulation establishing the community provides that the mayor is to be appointed from among the councillors.
A mayor appointed from among the councillors holds office as mayor for a term of one year, but is eligible for reappointment.
Wards or community vote may be prescribed
A regulation under this Part may provide for the election of councillors by a vote of the voters of the whole community or on the basis of wards. If wards are prescribed, a different number of members may be prescribed for different wards.
A person is qualified to vote in an election of members of the council of a community if on the day of the election he or she is
(a) a Canadian citizen who is 18 years of age or older; and
(b) a resident of the community, and has been so for at least six months before election day.
Under this Act, the following rules apply in determining the residency of a person:
1. A person is a resident of the place where he or she has his or her ordinary residence, and to which he or she intends to return when away from it.
2. A person may be a resident of only one place at a time.
3. A person does not change residence until he or she has a new residence.
A person who does not have an ordinary residence is deemed to reside at the shelter, hostel or similar institution that most frequently provides lodging, food or other social services to the person.
Oath conclusive in absence of other evidence
A person's oath regarding the place that most frequently provides lodging, food or other social services to the person is conclusive, in the absence of evidence to the contrary.
When a community is formed or the boundaries of a community are extended, a person is deemed to have satisfied the residency requirement in clause (1)(b) if, for at least the six months before election day, the person has been a resident within the area that becomes included in the community.
Qualification of members of council
A person is qualified to be nominated for and elected as a member of council if the person is
(a) a Canadian citizen;
(b) at least 18 years of age on the day of the election;
(c) a voter of the community;
(d) in a community with wards, a resident in the ward in which the person is or may be nominated; and
(e) not subject to any disqualification under this or any other Act.
The following persons are disqualified from being nominated for, being elected to, and from membership on, a council:
(a) a judge of the Court of Queen's Bench or The Court of Appeal;
(b) a provincial judge or justice of the peace;
(c) a member of the Legislative Assembly of Manitoba, the Senate or House of Commons of Canada, or of a band council;
(d) subject to section 85, an employee of the community or an affiliated body of the community.
In this section, "employee" means a person employed by a community or by an affiliated body, but does not include a person who volunteers services to the community, whether or not the person receives reasonable compensation or expense money from the community for his or her voluntary service.
Rights of employees in elections
Section 92 of The Municipal Act applies, with necessary changes, to an employee.
When member becomes disqualified
A member of a council is disqualified from council if he or she
(a) when nominated or elected, was not eligible as a candidate under this Act;
(b) is liable to the community under a judgment in an action under section 227 (unauthorized expenditures);
(c) is convicted of an offence under this or any other Act and has not paid a fine imposed on conviction within 120 days after the fine was imposed or such time as the court has permitted for payment;
(d) is convicted of
(i) an offence punishable by imprisonment for five or more years, or
(ii) an offence under section 122 (breach of trust by public officer), 123 (municipal corruption), 124 (selling or purchasing office) or 125 (influencing or negotiating appointments or dealings in office) of the Criminal Code (Canada);
(e) receives from the community or an affiliated body of a community, a fee, salary, wage or any other payment for labour or services
(i) in an amount that is greater than the amount prescribed by the minister, or
(ii) in a manner other than a manner prescribed by the minister;
(f) ceases to be qualified as a voter; or
(g) in the case of members elected on the basis of wards, ceases to be a resident of the ward that the person is elected to represent.
A member of a council who is absent for the full duration of three consecutive regular council meetings is deemed to have resigned unless the absences are with the leave of the council, granted by a resolution passed at any of the three meetings, a prior meeting or the next meeting following the third absence.
A member of a council who is disqualified under this section is eligible to be elected at the next regular election in the community if the person is then otherwise eligible for nomination under section 83.
Eligibility after disqualification under conflict provisions
A member of a council who is disqualified under section 105 (conflict provisions) is eligible to be elected at the next regular election in the community if the person is then otherwise eligible for nomination under section 83.
Disqualified person must resign
A member of a council who is disqualified under this Act must resign immediately.
If the member of a council does not resign immediately upon disqualification, the court may, on an application, declare the member to be disqualified and his or her position on the council to be vacant.
An application for a declaration that alleges that the member is disqualified must be made in accordance with the regulations.
A person may not at any one time
(a) hold more than one office on a council; or
(b) be nominated for more than one office on a council.
Current member must resign to run in by-election
A person who holds office on a council may not be nominated in a by-election for an office on the same council.
Vacancy in councillor position after regular election
If a councillor position is not filled at a regular election, the remaining members and the members who are elected may fill the vacancy by appointing as councillor a person who was eligible to be nominated for the position at the election, and any person so appointed is deemed to have been elected at a by-election.
Vacancy in office of mayor after regular election
If the office of mayor is not filled at a regular election, the councillors who are elected may appoint one of their number as mayor, in which case the appointed councillor is deemed to have been elected as the mayor at the election and a by-election must be held to fill the councillor position.
If no person is elected at a by-election held to fill a vacancy on a council, subsections (1) and (2) apply with necessary changes.
Section does not apply in case of a tie or death
This section does not apply
(a) if two or more candidates in an election cannot be declared elected because the same number of votes were cast for each; or
(b) if a position on a council is not filled at an election because a candidate has died.
Appointment of administrator if no council or quorum
Despite section 89, if the number of members of a council is fewer than is required for a quorum or if a council resigns, the minister may appoint an administrator for the community, in which case section 197, except subsection 197(1), applies with necessary changes.
The resignation of a member must be in writing and given to the community administrative officer.
A resignation is effective and a vacancy on the council occurs at the time the resignation is given to the community administrative officer despite any other date set out in the resignation, and the resignation may not thereafter be revoked.
C.A.O. to report resignation to council
The community administrative officer must report a resignation at the first meeting of the council after the resignation is received.
By-election to fill vacancy on council
Subject to section 89 (vacancy after regular election), a council must hold a by-election to fill a vacancy on the council as soon as is reasonably practicable unless
(a) the vacancy occurs in the six months preceding the day on which the term of office for the vacant position expires; or
(b) the vacancy occurs in the 12 months preceding the day on which the term of office for the vacant position expires and the remaining members
(i) are a majority of the number of members comprising the council, and
(ii) decide not to hold a by-election.
Appointment of mayor by councillors
If the position of mayor becomes vacant and a by-election is not required under subsection (1), the council may appoint one of their number as the mayor.
By-election to be held on request of council
The community's senior election official must hold a by-election when requested to do so by a council. Election day for the election must be as soon as reasonably practicable, but in fixing the day the senior election official must consider
(a) voter participation; and
(b) availability of persons to serve as election officials, and facilities to be used as voting places.
Appointed, elected person to file oath of office
Section 104 (oath of office) applies, with necessary changes, to a person appointed by a council or elected at a by-election.
In a regulation that designates a community, the minister must make all necessary provisions for the election of the first council of the community, including, without limitation,
(a) providing for the appointment of one or more election officials for the community;
(b) establishing if the mayor is to be elected by a vote of the voters of the whole community or if the council is to appoint the mayor from among the councillors;
(c) establishing the number of councillors to be elected, and if they are to be elected by a vote of the voters of the whole community or by wards;
(d) specifying the date by which the first voters list must be completed;
(e) specifying the date and time when, and the place where, nominations of candidates for members of the first council must be filed;
(f) specifying the date and time when elections must be held for the members of the first council;
(g) specifying the date, time and place for the first meeting of the council;
(h) designating a person to act as community administrative officer until its council appoints a community administrative officer; and
(i) making any other provision that, in the opinion of the minister, is necessary or advisable for the establishment of the community and the election and operation of its first council.
Appointment of prescribed election officials
The council of a community must by by-law appoint, and fix and provide for the remuneration of prescribed election officials.
The minister may prescribe qualifications of person to be appointed as election officials.
Appointment of principal electoral officer
The minister may appoint a principal electoral officer for northern Manitoba.
The principal electoral officer may delegate any of his or her powers and duties to another person, subject to any restrictions or conditions specified in the delegation.
P.E.O. retains powers and duties
The principal electoral officer may continue to exercise the delegated powers and duties despite the delegation.
The principal electoral officer is to
(a) exercise general direction and supervision over the administrative conduct of elections in northern Manitoba communities;
(b) enforce fairness, impartiality and compliance with this Act and the regulations on the part of all election officials;
(c) issue to election officials the instructions he or she believes are necessary to ensure the effective conduct of elections in northern Manitoba; and
(d) perform such other duties as are prescribed by this or any other enactment.
Public education and information
The principal electoral officer may at any time, using any means that the principal electoral officer considers appropriate, provide residents of northern Manitoba with information about the electoral process, the democratic right to vote and the right to be a candidate at a election in a community.
The principal electoral officer may determine the form of notices and other documents under this Act and the regulations and the method of publishing them when they are required to be published.
The principal electoral officer may
(a) extend the time for doing anything under this Act or the regulations, other than extending the time for opening or closing an ordinary or advance poll;
(b) approve forms for the purposes of elections and may provide that the forms are to be used in particular cases or classes of cases or for prescribed purposes;
(c) modify a provision of this Act or the regulations to permit its use at a by-election; and
(d) generally adapt the provisions of this Act and the regulations to existing circumstances.
Direct appointment of election officials
The principal electoral officer may rescind an election official's appointment by a community and direct that the community appoint a replacement if he or she is satisfied that the official
(a) is unable, for any reason, to perform his or her duties;
(b) has failed to perform his or her duties satisfactorily;
(c) has not followed an instruction of the principal electoral officer; or
(d) after being appointed, has engaged in partisan political activities, whether or not this was done in the course of performing duties under this Act or the regulations.
The council of a community must comply with a direction to appoint a replacement election official as soon as practicable.
If, in the opinion of the principal electoral officer, there is insufficient time before an election for a council to appoint a replacement, the principal electoral officer may make the appointment.
An election official whose appointment is rescinded must deliver any election material in his or her possession to any person the principal electoral officer directs.
If for any reason it is impossible to close nominations or hold an election in a community on the day prescribed for a regular election or fixed for a by-election, the principal electoral officer may, by written order made to the community's senior election official, specify a new closing day for nominations, or a new election day, or both.
If a member holds a position that is to be filled at a regular election that is postponed under subsection (1), the member's term is extended until 14 days after the new election day.
An order made under this section is binding on the council of the community, its election officials and candidates.
An order may be made under this section at any time before voting begins on election day. For the purposes of this section, "election day" means the day fixed for voting in the election, other than a day fixed for advance voting.
No action or proceeding may be brought against the principal electoral officer for anything done or not done, or for any neglect,
(a) in the performance or intended performance of a duty under this Act or the regulations; or
(b) in the exercise or intended exercise of a power under this Act or the regulations;
unless the principal electoral officer was acting in bad faith.
PART 5
GOVERNANCE
DIVISION 1
SETTLEMENTS — CONTACT PERSONS
The minister may appoint a contact person for a settlement.
A contact person is responsible for
(a) advising the minister on behalf of the settlement;
(b) arranging for settlement meetings when requested to do so by the minister; and
(c) carrying out the administrative duties that the minister requests.
DIVISION 2
COMMUNITIES — COUNCILS
As provided for in this Act, the council of a community is its governing body.
A council is a continuing body.
A council is composed of
(a) a mayor and not fewer than two and not more than six councillors; or
(b) if the mayor is appointed from among the councillors, not fewer than three and not more than seven councillors.
Establishing the number of councillors
The number of councillors to be elected for a community is the number prescribed by the minister.
The council of a community is responsible for
(a) advising the minister on behalf of the community; and
(b) carrying out the powers, duties and functions expressly given or assigned to the council under this or any other enactment, or by the minister.
The mayor has a duty
(a) to preside when in attendance at a council meeting, except where the procedures by-law or this or any other enactment otherwise provides;
(b) to provide leadership and direction to the council; and
(c) to perform any other duty or function assigned to a mayor by the council or by this or any other enactment.
OATH
A person elected as a member of a council must make and file with the community administrative officer an oath of office in the form approved by the minister, and the person may not carry out a power, duty or function as a member of the council until the oath of office is filed.
If an elected person does not, within 30 days after being elected, comply with subsection (1), the position to which the person was elected is deemed to be vacant and the person is disqualified from being nominated for, being elected to and from membership on the council until the next regular election.
CONFLICT PROVISIONS
Municipal Councils Conflict of Interest Act applies
The Municipal Council Conflict of Interest Act applies to members of council, subject to the changes prescribed by the minister and other changes necessary in order for that Act to operate in northern Manitoba.
DELEGATION BY COUNCIL
Matters that a council may delegate
A council may by by-law delegate any of its powers, duties or functions under a by-law or this or any other Act to the mayor, a council committee, the community administrative officer or a designated officer, unless the by-law or Act otherwise provides.
Matters that a council may not delegate
A council may not delegate
(a) its power or duty to pass a resolution or by-law;
(b) its power to make, suspend or revoke the appointment of a person to the position of community administrative officer; or
(c) its duty to hold a public meeting or public hearing under this or any other Act.
BY-LAWS AND RESOLUTIONS
A council may act only by by-law or resolution.
A council that is expressly required or authorized under a by-law or this or any other Act to do something by by-law may do it only by by-law.
If a council is required or authorized under this or any other Act or under a by-law to do something without specifying that it be done by by-law, the council may do it by resolution.
Where by-law used instead of resolution
Anything a council does by by-law that may be done by resolution is not invalid because the council does it by by-law.
A resolution of a council is not valid unless it is passed at a council meeting.
Proposed by-law to be given three readings
Every proposed by-law must be given three separate readings at meetings of the council, and each reading must be put to a vote.
Limit of two readings at one meeting
Not more than two readings of any by-law may be given at any one council meeting.
Text to be available before first reading
Each member present at the meeting at which first reading is to take place must be given or have had the opportunity to review the full text of the proposed by-law before the by-law receives first reading.
Text to be available before third reading
Each member present at the meeting at which third reading is to take place must, before the proposed by-law receives third reading, be given, or have had, the opportunity to review the full text of the proposed by-law and any amendment passed after first reading.
Only the title or an identifying number must be read at each reading of a proposed by-law.
Rescission of previous by-law readings
The previous readings of a proposed by-law are rescinded if the proposed by-law
(a) does not receive third reading within two years after first reading; or
(b) is defeated on second or third reading.
A by-law is passed when it receives third reading and is signed by
(a) the mayor or another person authorized by the council; and
(b) the community administrative officer.
Subject to subsections (2) and (3) and the provisions of this or any other Act,
(a) a by-law of an incorporated community comes into force on the day after the day it is passed, unless a later date is specified in the by-law; and
(b) a by-law of a community that is not incorporated comes into force as provided for in section 176.
If this or any other Act requires a by-law of a community to be approved, the by-law does not come into force until the approval is given.
No retroactivity without specific authority
No by-law may come into force on a day before it is passed unless the Act that authorizes it provides that the by-law may come into force on a day before it is passed.
Coming into force — resolutions
A resolution of an incorporated community comes into force on the day it is passed unless a later date is specified in the resolution. A resolution of a community that is not incorporated comes into force as provided for in section 177.
COUNCIL COMMITTEES
Composition of council committees
A council committee may be composed
(a) entirely of members of the council;
(b) of a combination of members and other persons; or
(c) entirely of persons who are not members of the council.
When committee resolution binds council
A resolution of a council committee is not binding upon the council unless it is passed by the council as a resolution of the council.
Application of council provisions to committees
The following provisions apply to council committees, with necessary changes:
(a) section 120 (minutes);
(b) section 121 (quorum);
(c) section 122 (voting).
MEETINGS OF COUNCIL
Council to designate community office
A council must designate a place as its community office.
First meeting after regular election
The first meeting of a council after a regular election must be held within 30 days after the day of the election.
Effect of meeting not taking place
A council is not dissolved by reason of any meeting of council not taking place.
Council and all committees of council must cause minutes of their meetings to be kept.
A quorum is required for and during each council meeting.
Subject to subsection (3), the quorum of a council is
(a) a majority of the number of members comprising the council; or
(b) if a position is vacant, a majority of the remaining members of the council.
Subject to section 105 (conflict provisions), the minimum number for a quorum of a council is two.
For the purpose of a quorum, a member is not counted if the member is required to abstain from voting under section 105 (conflict provisions).
When a question or motion is put to a vote at a meeting of council, every member of council present must vote on the question or motion unless the member
(a) is excused from voting by a majority of the other members present;
(b) is prohibited from voting by a provision of this Act or a regulation; or
(c) has, under the general law, a conflict of interest in respect of the question or motion.
Subject to section 129, every vote at a meeting of council or a committee of council must be taken by open voting, and, if requested by a member, the vote of each member present must be recorded in the minutes of the meeting.
All acts authorized or required by this Act to be done by council, and all questions and motions that are raised in a meeting of council, must, except where otherwise provided by this Act, be decided by a majority of the members of council who are present at the meeting.
At a meeting of council, a question or motion on which there is a tie vote is deemed to be defeated.
ORGANIZATION AND PROCEDURE
A council may appoint a councillor as deputy mayor.
When deputy mayor may act as mayor
A deputy mayor is to act as the mayor if
(a) the mayor is unable to perform the powers, duties and functions of the mayor; or
(b) the office of mayor is vacant.
A council may establish the organizational structure for the community, and may
(a) establish one or more council committees and other bodies of the council and define their duties and functions; and
(b) establish the manner of appointment of persons to council committees and other bodies.
Application — incorporated communities
Under this section, the council of an incorporated community must act by by-law, and it must review its by-law at least once during its term of office.
Term of appointments — committees and bodies
The term of office of a person appointed to a council committee or other body may not exceed one year, but a person may be re-appointed.
Council to establish procedures
A council must adopt rules of procedure and must review its procedures at least once every four years.
The council must govern itself in accordance with the procedures it adopts.
The procedures adopted by council must provide for
(a) regular meetings of the council, and the day, time and place of the meetings;
(b) the type and amount of notice to be given of regular meetings of the council;
(c) the procedure to be followed and the type and amount of notice to be given to change the day, time or place of a regular meeting of the council;
(d) rules respecting the conduct of council meetings;
(e) rules respecting public participation at council meetings;
(f) the type and amount of notice to be given of a special meeting of the council; and
(g) the time within which a special meeting of the council requested under clause 128(1)(b) must be called by the mayor and must take place.
The council may in its procedures provide for such other matters as the council considers necessary or desirable, including the conduct of meetings of council committees.
Application — incorporated communities
The council of an incorporated community must adopt its procedures by by-law.
Meeting through electronic communications
A council may conduct a meeting by means of an electronic or other communication facility if the facility enables the members to hear and speak to each other and the public to hear the members.
Participating member deemed to be present
A member participating in a meeting conducted by means of a communication facility is deemed to be present at the meeting.
SPECIAL MEETINGS
Mayor convening special meeting
The mayor
(a) may call a special meeting of the council whenever he or she considers it appropriate to do so; and
(b) must call a special meeting of the council if he or she receives a written request for the meeting, stating its purpose, from at least two councillors.
Notice according to procedures adopted
Notice of a special meeting must be given in accordance with the procedures adopted by council.
Procedures for calling special meetings
If the mayor does not call a special meeting as requested under clause (1)(b) within the time specified in the procedures adopted by council, the community administrative officer must call the meeting in the manner provided in the procedures.
Effect of notice given to absent member
A special meeting must not be held in the absence of a member unless the member has been given notice of the meeting in accordance with the procedures adopted by council.
A member who waives the right to be given notice of a special meeting is deemed to have been given notice of the meeting.
Only a matter stated in the notice of a special meeting may be transacted at the meeting unless all members of the council are present and unanimously agree to deal with other matters.
PUBLIC PARTICIPATION
Subject to subsection (3), all meetings of council or of a council committee must be open to the public, and no individual may be excluded except for disorderly or disruptive conduct.
Expulsion for disorderly conduct
Any individual whose behaviour at a meeting of council or of a committee of council is disorderly or disruptive may be expelled or excluded from the meeting by the person chairing the meeting.
When council or council committee may close meeting
A council or council committee may close a meeting to the public
(a) if
(i) in the case of a council, the council decides during the meeting to meet as a committee to discuss a matter, and
(ii) the decision and general nature of the matter are recorded in the minutes of the meeting; and
(b) if the matter to be discussed relates to
(i) an employee, including the employee's salary, duties and benefits and any appraisal of the employee's performance,
(ii) a matter that is in its preliminary stages and respecting which discussion in public could prejudice a community's ability to carry out its activities or negotiations,
(iii) the conduct of existing or anticipated legal proceedings,
(iv) the conduct of an investigation under, or enforcement of, an Act or by-law, or
(v) the security of documents or premises.
Resolution to re-open a closed meeting
No resolution or by-law may be passed at a meeting that is closed to the public, except a resolution to re-open the meeting to the public.
PUBLIC MEETINGS
This section applies in respect of a public meeting that a council is required to hold.
Attendance of members at public meeting
Each member of the council must attend the public meeting unless the member
(a) is excused by the other members from attending the meeting;
(b) is unable to attend owing to illness; or
(c) is required under section 105 (conflict provisions) to withdraw from the meeting.
Subject to procedures established under subsection (4), the council must hear any person who wishes to make a presentation, ask questions or register an objection on his or her own behalf or on behalf of others.
Council may establish procedure in by-law
A council may in its procedures adopted under section 126 establish procedures for public meetings, which may include
(a) prescribing a reasonable time limit for presentations, questions or objections;
(b) providing that the council may decline to hear a presentation, question or objection where the council is satisfied that the matter has been addressed at the meeting;
(c) deciding which presenters the council will hear where it is satisfied that presentations will be the same or similar;
(d) expelling a person from a meeting for improper conduct; and
(e) adjourning a meeting from time to time.
Notice of continuation of adjourned meeting
If a public meeting is adjourned, the council must give public notice of the date, time and place of the continuation of the meeting, unless that information is announced at the time the adjournment is announced at the meeting.
COMPENSATION
The following definitions apply in this section.
"community business" means a duty or function that a member of a council or council committee is required to carry out under this or any other Act or a by-law or resolution, and includes attending a meeting, conference or course that relates to community purposes. (« travaux de la collectivité »)
"compensation" includes a fee, salary, wage, indemnity, honorarium or any other payment for labour or services, however determined. (« rémunération »)
"expense" means an expense incurred by a member of a council or council committee in attending to community business, and includes automobile expenses or mileage, travel expenses, living expenses, registration and tuition fees, the costs of materials for a meeting, conference or course, out-of-pocket expenditures and any other expense provided for in a by-law or resolution passed under subsection (2). (« dépenses »)
Setting indemnity and expenses
A council of a community may determine the types, rates, amounts and conditions of payments that may be made to or on behalf of members of council
(a) as compensation for attending to community business;
(b) as additional compensation for holding certain positions on council or committees of council; and
(c) for expenses incurred by members in the discharge of their duties and functions as members of council.
Application — incorporated communities
The council of an incorporated community must determine the types, rates, amounts and conditions of payments that may be made to or on behalf of members of council under subsection (2) by by-law.
Prescribed terms and conditions — unincorporated communities
For a council of a community that is not incorporated, indemnities and expenses established under subsection (2) are subject to any terms and conditions prescribed by the minister.
Portion of indemnity may be deemed expense
A council may provide that where a member of council is paid compensation, one-third of the compensation is deemed to be for expenses related to the discharge of the member's duties as a member of council.
Members of council may be compensated and may accept any compensation paid in accordance with subsection (2).
Report to show payments to members
For each year, a council must have prepared and made available to the public a report separately listing the following for each member of council by name:
(a) the total amount of compensation paid to the member for discharge of the duties of office, including any amount specified as an expense allowance;
(b) the total amount of expense payments for the member made to him or her as reimbursement for expenses incurred by the member or as an allowance that is not reported under clause (a);
(c) any fee, salary, wage or any other payment for labour or services received from the community or an affiliated body, and a general description of the nature of the labour or services provided.
By August 31, the report under subsection (7) for the preceding year must be completed and made available.
PART 6
ADMINISTRATIVE ORGANIZATION
COMMUNITY ADMINISTRATIVE OFFICER
Establishment of position of C.A.O.
Every council must establish the position of community administrative officer and must appoint a person to the position.
Incorporated community to act by by-law
For an incorporated community, the appointment of a person to the position of community administrative officer must be made by by-law.
Majority required for suspension or revocation
The suspension or revocation of a person's appointment as community administrative officer must be approved by a majority of the number of members comprising the council.
Council may give title other than "C.A.O."
A council may give the position of community administrative officer any title the council considers appropriate.
C.A.O. entitlement in certain circumstances
A community administrative officer whose appointment is revoked without cause is, subject to any written agreement between the council and the officer, entitled to reasonable notice or to compensation instead of reasonable notice.
The community administrative officer is the administrative head of the community and is responsible for
(a) ensuring that the policies and programs of the community are implemented;
(b) advising and informing the council on the operation and affairs of the community;
(c) except as the council may decide otherwise, the management and supervision of the employees of the community;
(d) carrying out the powers, duties and functions assigned to a community administrative officer by the council or by this or any other Act; and
(e) notifying the council if money of the community is spent or invested contrary to a by-law or resolution or this or any other Act.
C.A.O.'s administrative duties
The community administrative officer must ensure that
(a) the minutes of every council meeting are made without note or comment;
(b) the by-laws and minutes of council meetings and all other records and books of account of the community are kept safe and in accordance with section 139;
(c) the revenues of the community are managed in accordance with this Act;
(d) money belonging to or held by the community is deposited in the bank, credit union, caisse populaire, or trust corporation designated by the council;
(e) the accounts for authorized expenditures of the community are paid;
(f) accurate records and books of account are kept of the financial affairs of the community;
(g) monthly, the council of the community is provided a financial statement of the community reflecting its financial activities for the preceding month; and
(h) any information requested of the community by the minister is provided within a reasonable time.
C.A.O. duties re council committees
Except as the council may otherwise decide, the community administrative officer must carry out, with necessary changes, the duties referred to in subsection (2) in respect of council committees.
Duty of C.A.O. if money not lawfully used
If a community administrative officer gives notice to the council under clause 134(1)(e) and the council does not within a reasonable time rectify the matter, the officer must give the minister written notice of the matter as soon as is reasonably possible.
Minister's powers after receiving notice
The minister may take such action as he or she considers necessary or advisable in respect of the notice, and may charge the cost of any action to the community.
A community administrative officer may delegate to a designated officer or other employee of the community a power, duty or function given to the community administrative officer under a by-law or this or any other Act, unless the by-law or Act prohibits the delegation.
DESIGNATED OFFICERS
Establishment of designated officer positions
A council may establish one or more positions to carry out the powers, duties and functions of a designated officer under a by-law or this or any other Act, and may give each such position any title the council considers appropriate.
Delegation by designated officer
A designated officer may delegate to an employee of the community a power, duty or function given to the officer under a by-law or this or any other Act, unless the terms of the appointment or the Act prohibits the delegation.
Employees who handle money to be bonded
An incorporated community must ensure that every employee of the community who handles or could handle money of the community is bonded or otherwise insured for the faithful performance of duties.
PENSIONS AND BENEFITS
The minister may make regulations respecting the participation of councils and their employees in
(a) the Manitoba Municipal Employees Pension Plan; and
(b) the Municipal Employees Benefits Fund;
as continued under Division 2 of Part 13 of The Municipal Act.
COMMUNITY RECORDS
Retention of community records
A council must retain community records for at least the minimum retention period specified in the regulations.
Certain documents not to be destroyed
A council must not destroy community records that are specified in the regulations as requiring archival disposition.
Records to be provided on request
A community administrative officer must, on the request of a person and within a reasonable time, provide access to any of the following records that the community is required by regulation to keep at the community office:
(a) assessment rolls;
(b) the monthly and annual financial statements of the community;
(c) reports of the auditor;
(d) the minutes of meetings of council and council committees, except the minutes for any part of a committee meeting that was closed under subsection 129(3) (closed meetings);
(e) the report prepared under subsection 131(7) (report to show payments to members);
(f) by-laws and resolutions of the council and resolutions of council committees.
Council may authorize access to other records
The community administrative officer must provide access to any other community record in the possession of the community if he or she is authorized by the council to provide access to the record.
On payment of a fee that the council may set by by-law, the community administrative officer must provide a copy of a record to which access has been provided under subsection (3) or (4).
A fee must not exceed a comparable fee payable under The Freedom of Information and Protection of Privacy Act.
Certain information not available
Despite any other provision of this or any other Act, the name, address or other personal information of an individual person shall be omitted or obscured from any record prepared under this Act or a regulation if the individual applies in writing to the community administrative officer to have that information omitted or obscured to protect the individual's personal security.
PART 7
FINANCIAL ADMINISTRATION
DIVISION 1
APPLICATION TO COMMUNITIES THAT ARE NOT INCORPORATED
Application to unincorporated communities
Subject to this section, this Part, except Division 5, applies to a community that is not incorporated.
When adopting its management plan under Division 2, a community that is not incorporated must use the estimates provided by the minister for revenue from taxes, grants and transfers, and from other sources.
A community that is not incorporated must assist the minister, in the manner the minister directs, in collecting taxes imposed under sections 173 and 174, and fees in lieu of taxes imposed under section 187, by the minister on behalf of the community.
DIVISION 2
MANAGEMENT PLAN
WITH ESTIMATES
The fiscal year of a community ends on March 31 in each year.
A council must adopt a management plan for each fiscal year. A copy of the management plan must be filed with the minister at least two months before the fiscal year begins.
Council may request extension of time
A council that is unable for any reason to file its management plan at least two months before the fiscal year begins may, in writing, request an extension of time, and the minister may extend the time subject to any condition the minister considers necessary or advisable.
The management plan is to consist of
(a) an operating budget;
(b) a capital budget;
(c) a five year capital expenditure program; and
(d) any other component prescribed by the minister.
Each component of the management plan must comply with the provisions of this Part and otherwise be in the form approved by the minister.
Every operating budget of a community for a fiscal year must include estimates of
(a) all operating revenue for the year, including all
(i) revenue from taxes,
(ii) revenue from grants and transfers from other governments,
(iii) transfers from the previous year's surplus, if any, or any reserve fund, and
(iv) revenue from all other sources, including fees or other charges in respect of the operation of any works, improvements, services and facilities; and
(b) all operating expenditures for the year, including all amounts
(i) needed to provide for the council's policies and programs,
(ii) needed to pay a requisition or any other amount that the community is required under an Act to collect,
(iii) needed to reduce or eliminate any deficit approved by the minister under subsection (2) or section 149 incurred in respect of the previous fiscal year, and
(iv) to be transferred in the year to a reserve fund.
Expenditures not to exceed revenues
A council must ensure that the estimated expenditures for a fiscal year do not exceed the estimated revenues for the year unless, before adopting the operating budget, the council applies to the minister and obtains his or her written approval.
Minister may impose terms and conditions
The minister may approve an application of a community under subsection (2) in whole or in part, or may make the approval subject to any terms and conditions the minister considers necessary or advisable.
The capital budget of a community for each fiscal year must include estimates of
(a) the amount needed to acquire or construct each of the works proposed in the budget; and
(b) the anticipated sources of the amounts needed for each of those works.
Content of capital expenditure program
A council must include in its five year capital expenditure program each proposed expenditure for the next five years and the source of the money required to implement the program.
A council may by by-law establish reserve funds for specific purposes.
Surplus may be transferred to reserve fund
If in the preceding year actual operating revenue exceeded actual operating expenditures, a council may direct that the surplus amount be placed in a reserve fund.
Expenditure from reserve with specific purpose
Money in a reserve fund, and interest earned on it, must be used for the purpose for which the fund was established, except where a council has applied to the minister and obtained his or her written approval for using it for a purpose other than that for which the reserve fund was originally established.
Before adopting a management plan, the council must hold a public meeting in respect of it.
New public meeting when certain items revised
A council may revise its management plan after the public meeting, but public notice must be given and another public meeting conducted if the revision increases the estimated revenue from real property tax, business tax or personal property tax.
The requirement in subsection (2) to give notice and hold a public meeting does not apply if the increase in estimated revenue results solely from the community's requirement to levy and collect a requisition.
DIVISION 3
FINANCIAL OPERATIONS
Council may borrow for operating expenses
A council may by resolution borrow money for operating expenses during a fiscal year, but the amount borrowed must not exceed 25% of the amount of the previous year's operating budget.
When collected or paid over to the community, revenue from taxes, grants and grants in lieu of taxes must be used as necessary to repay money borrowed under subsection (1).
A resolution under subsection (1) made by a community that is not incorporated has no force or effect until it is approved in writing by the minister.
Council to obtain approval for anticipated deficiency
When a council determines during a fiscal year that expenditures are likely to exceed the revenue and transfers provided for in its budget, the council must immediately advise the minister in writing and may incur a deficiency with the minister's written approval, which may include any condition the minister considers necessary or advisable.
A community may make an expenditure only if it is
(a) provided for in the council's operating budget or capital budget;
(b) made in respect of a disaster or emergency declared under The Emergency Measures Act;
(c) made in respect of an urgent situation, if the minister approves the expenditure in writing;
(d) ordered by a court to be paid; or
(e) authorized by the council under this section.
Expenditures not set out in operating budget
Subject to subsection 146(3), a council may authorize the expenditure of an amount provided for in an operating budget for a purpose other than is set out in the budget if the expenditure does not affect the total of the amounts estimated under subsection 143(1) (operating budget).
Expenditure not set out in capital budget
Except as provided for in its capital budget, a council may not expend any amount on a capital project without the prior written approval of the minister.
If a council has excess revenue, a council may by resolution
(a) expend some or all of it for a purpose not set out in the operating budget;
(b) transfer some or all of it to the capital budget; or
(c) transfer it to a reserve fund.
Interpretation — "excess revenue"
For the purpose of subsection (4), the following amounts are excess revenue:
(a) the amount, if any, by which in the preceding year actual operating revenue exceeded actual operating expenditures;
(b) the amount by which revenue from grants and transfers from other governments exceeds the amount estimated under subclause 143(1)(a)(ii);
(c) the amount by which revenue from all other sources, including fees or other charges in respect of the operation of any works, improvements, services and facilities exceeds the amount estimated under subclause 143(1)(a)(iv).
A council may invest its money only in the securities that a municipality can invest in under section 181 of The Municipal Act.
DIVISION 4
ANNUAL FINANCIAL STATEMENTS
AND AUDITOR'S REPORT
The community administrative officer of a community must ensure annual financial statements of the community for each fiscal year are prepared and presented to council for acceptance.
The financial statements of a community must be prepared in accordance with the generally accepted accounting principles for local governments.
The minister may require or authorize, generally or for a specific community, that the financial statements vary from or include information additional to the requirements of subsection (2).
Annual financial statements and other financial information
By April 30 in each year, a community must submit to the minister
(a) its financial statements for the preceding year; and
(b) any other financial information requested by the minister.
A community must annually, no later than January 31 in each year, appoint an auditor and advise the minister of the appointment.
The auditor appointed
(a) must be a person who is entitled to practise as an accountant under The Chartered Accountants Act, The Certified General Accountants Act or The Certified Management Accountants Act;
(b) must be acceptable to the minister; and
(c) must not be a member of council or an employee of the community or of a local body of the community.
Minister may appoint if council does not
If a council fails to advise the minister of the appointment of an auditor by the date specified in subsection (1), the minister may make the appointment.
Community to pay auditor's fees and expenses
Subject to subsection (5), a community must pay its auditor's fees and expenses, including any fee or expense relating to a request of the minister under subsection 156(3).
If an auditor of a community audits a local body, the community may pay the fees of the auditor and may collect the fees as a debt of the local body payable to the community.
Auditor's entitlement to access
The auditor is, at all reasonable times and for any purpose related to an audit, entitled to access to the records and books of account and any other document, matter or thing relating to the financial affairs of the community and its local bodies, if any, in the fiscal year or a previous year.
Auditor's entitlement to information
The auditor is entitled to receive, for the purpose of the audit, any information that is required from a member of the council, an employee of the community and the members and employees of a local body.
Financial institution to provide information
A bank, credit union, caisse populaire or trust corporation must, on the written request of the minister or the auditor, provide in writing any information in its possession or control relating to the financial affairs of the community.
Information from land titles offices and courts
The district registrar for a land titles district and the officer of a court must, on the written request of the minister or the auditor, provide in writing any information in their possession or control relating to the financial affairs of the community.
Powers under Part V of Evidence Act
An auditor of a community has the powers and protection of a commissioner appointed under Part V of The Manitoba Evidence Act, but section 85 (oath of office) of that Act does not apply to the auditor, and no notice of the appointment, of the scope of the inquiries to be made, or of the time and place of the holding of any hearing or inquiry, need be published as required under section 86 (notice of appointment of commission) of that Act.
The auditor may attend any meeting of members of council or any local body of the community and is entitled
(a) to receive all notices relating to the meeting that any member is entitled to receive; and
(b) to make representations at that meeting on any matter that concerns him or her as auditor.
Auditor must report failure to comply
The auditor must without delay report to the minister and the head of the council any failure of a person or institution to comply with this section.
Scope of auditor's examination
An auditor must examine the financial statements, financial information returns, records, books of account and other information relating to the financial affairs of the community and its local bodies, if any, for the fiscal year, including any funds of the community held in trust by an officer or employee of the community.
If the financial statements of a community and a local body are consolidated, the community may require the local body to be audited as if it were part of the community, in which case, the auditor of the community is not required to provide a separate opinion with respect to the statements of the local body.
When auditor not required to audit local bodies
The auditor is not required to examine the financial affairs of a local body if the auditor is satisfied that a person who is an auditor has audited or is auditing the financial affairs of the local body for the fiscal year.
Timing and content of auditor's report
The auditor must submit a report to the council no later than August 31 in the year following the fiscal year for which the audit is prepared
(a) outlining the scope of the audit;
(b) identifying the financial statements audited; and
(c) expressing an opinion as to whether the community's financial statements present fairly the financial position of the community as at the end of the fiscal year and the results of its operations for the fiscal year.
Auditor to submit supplement with report
The auditor must submit with the report a supplement containing the following:
(a) a statement of opinion as to whether the accounting procedures and systems of control employed by the community are adequate to preserve and protect its assets;
(b) a statement of opinion as to whether the funds of the community have been disbursed only under an authority granted by an Act, or by a resolution or by-law passed or an authority granted under an Act;
(c) a statement as to whether any irregularity or discrepancy came to the auditor's attention during the audit;
(d) a statement as to any matters not referred to in clauses (a) to (c) that the auditor considers the minister or council should be aware of;
(e) any recommendation the auditor considers necessary or advisable regarding the proper performance of duties and the keeping of records and books of account by the community administrative officer or other employees.
Auditor to provide minister with information
The auditor must make any further examination and submit any additional report requested by the minister.
An auditor who is unable for any reason to complete an audit report by August 31 may in writing request an extension of time, and the minister may extend the time subject to any condition the minister considers necessary or advisable.
Council to advise minister of action taken
If the auditor's report or the council's review of the report indicates that immediate action is required in respect of a matter, the council must
(a) take such action as it considers necessary or advisable to address the matter; and
(b) advise the minister of the matter and the action it has taken or proposes to take.
If the council takes no action or the action that is taken or proposed is not satisfactory to the minister, the minister may take action that, in his or her opinion, best protects the interests of the community, and the community must pay any costs incurred in taking the action.
DIVISION 5
IMPOSING AND COLLECTING TAXES IN INCORPORATED COMMUNITIES
WITHOUT ASSISTANCE OF THE MINISTER
No later than April 1 of each year, and after adopting its operating budget for the year, the council of an incorporated community must give first reading to a by-law that
(a) sets a rate or rates of tax sufficient to raise
(i) the revenue to be raised by property taxes as set out in the operating budget, and
(ii) the revenue to be raised in the year to pay for a local improvement or special service and to pay the requisitions payable by the community;
(b) imposes taxes
(i) in accordance with the tax rate or rates set under clause (a) on the portioned value of each assessable property in the community that is liable under The Municipal Assessment Act to that tax, and
(ii) where the tax is in respect of a local improvement or special service, in accordance with the local improvement or special services by-law; and
(c) set a due date for payment of the taxes, which must be between July 1 and October 31 in that year.
As soon as practicable after giving the by-law first reading under subsection (1), the community must file a copy of it with the minister.
If the minister is of the opinion that the by-law filed is deficient or beyond the council's jurisdiction,
(a) the minister must notify the community as soon as practicable; and
(b) the council of the community must correct the by-law before giving it second reading.
When property tax by-law to be passed and filed
No later than May 15 of each year, the council must pass a tax by-law for the community. Within 15 days after it is passed, the community must file a copy of it with the minister.
A by-law under this section must not be amended to change a tax rate after tax notices have been sent to taxpayers.
Business tax by-law if no agreement with minister
A council that has authorized business assessments to be made must in each year, after passing its operating budget and no later than April 1, give first reading to a by-law that
(a) sets a business tax rate for the year, to be applied to the annual rental value of premises as assessed;
(b) imposes a tax for the year on each business for which a business assessment was made; and
(c) sets a due date for payment of the tax, which must be the same as the due date set for property taxes under clause 157(1)(c).
A community's business tax rate cannot exceed 15%.
As soon as practicable after giving the by-law first reading under subsection (1), the community must file a copy of it with the minister.
If the minister is of the opinion that the by-law filed is deficient or beyond the council's jurisdiction,
(a) the minister must notify the community as soon as practicable; and
(b) the council of the community must correct the by-law before giving it second reading.
When business tax by-law to be passed and filed
No later than May 15 of each year, a council that has authorized business assessments must pass a business tax by-law for the community. Within 15 days of doing so, the community must file a copy of it with the minister.
A by-law under this section must not be amended to change a tax rate after tax notices have been sent to taxpayers.
Fees in lieu of business taxes
A council that has not authorized business assessments to be made in a year may, after adopting its operating budget of the year, by by-law
(a) set a fee, subject to any limitation prescribed by the minister, and impose it on each business carried on in the community; and
(b) set a due date for payment of the fee.
WITH ASSISTANCE OF THE MINISTER
Minister to help impose and collect taxes
The minister and the council of an incorporated community may enter into an agreement that authorizes the minister to assist the community in imposing and collecting taxes.
Sections 157 to 159 do not apply to an incorporated community that has entered into an agreement with the minister under subsection (1).
Property tax by-law if agreement with minister
If an incorporated community has entered into an agreement with the minister, the council must, no later than May 1 of each year, and after adopting its operating budget for the year, pass a by-law that sets a rate or rates of tax sufficient to raise
(a) the revenue to be raised by property taxes as set out in the operating budget; and
(b) the revenue to be raised in the year to pay for a local improvement or special service and to pay the requisitions payable by the community.
The rate set by the council of an incorporated community under subsection (1) must not be less than the minimum rate set by the minister for similar taxes in areas outside the boundaries of incorporated communities.
A community must file a copy of the by-law with the minister as soon as practicable after it is passed.
A by-law under this section must not be amended after it is filed with the minister.
Business tax by-law if agreement with minister
If an incorporated community has entered into an agreement with the minister, and the council has authorized business assessments to be made, the council must in each year by by-law, after adopting its operating budget and no later than May 1, set a business tax rate for the year to be applied to the annual rental value of premises as assessed.
A community's business tax rate cannot exceed 15%.
A community must file a copy of the by-law with the minister as soon as practicable after it is passed.
When a community has entered into an agreement with the minister under subsection 160(1),
(a) the community
(i) must include in its management plan the amounts required by subclauses 143(1)(a)(ii) and 143(1)(b)(ii) and (iii) that are specified by the minister, and
(ii) must assist in the collection of taxes in the manner provided for in the agreement; and
(b) subject to the by-laws of the community, the minister may impose and collect taxes under this Division within the community on behalf of the community and its council, but instead of passing a by-law under those provisions, the minister must act by regulation.
GENERAL
Subject to this section, Part 10 (Powers of Taxation) of The Municipal Act — except Divisions 2 and 3 — applies, with necessary changes, to an incorporated community, and the minister acting on behalf of an incorporated community, as if the community were a municipality.
In applying those provisions referred to in subsection (1),
(a) in subsection 298(1) of The Municipal Act,
(i) the reference to subsection 304(1) in the definition "property tax" is to be read as a reference to subsection 157(1) of this Act, and
(ii) the reference to subsection 306(1) in the definition "business tax" is to be read as a reference to subsection 158(1) of this Act;
(b) in section 318 of The Municipal Act, a reference
(i) to a public hearing is to be read as a reference to a public meeting, and the meeting must be held in accordance with this Act, and
(ii) to a public notice is to be read as a reference to a public notice that must be given in accordance with this Act; and
(c) in sections 315, 320 and 321 of The Municipal Act, a reference to The Municipal Board is to be read as a reference to the minister, and
(i) the minister may make any order that The Municipal Board may make under subsection 321(2) of that Act, but no public hearing is required to be held before the minister does so, and
(ii) a council may give third reading to a local improvement or special services by-law only as amended or approved by the minister.
Tax or fee in addition to other taxes
An owner of premises on whom a tax or fee is imposed under this Division is liable for the tax or fee despite the fact that he or she is liable, as owner of the premises, to pay other taxes imposed under this Part.
The provisions of this Division respecting business taxes do not apply to an organization or association referred to in section 30 of The Municipal Assessment Act or to its business or business premises.
A person who, for the purpose of carrying on a business, uses or occupies premises for part of a year is liable to pay, for each month of use or occupation, 1/12 of the business tax imposed in respect of the premises for the year and, for this purpose, use or occupation for one-half or any greater part of a month is deemed to be use or occupation for the month.
TAX AND DEBT COLLECTION
Part 11 of Municipal Act applies
Subject to sections 169 and 170, Part 11 (Tax and Debt Collection) of The Municipal Act applies, with necessary changes, to an incorporated community and its council as if the community were a municipality.
If agreement between minister and community
Where the minister and an incorporated community have entered into an agreement under subsection 160(1), the minister and the community may, pursuant to the agreement between them, exercise the powers
(a) under subsection (1) in the same manner as a municipality; and
(b) under section 170 as may be agreed between them.
In applying Part 11 of The Municipal Act,
(a) the definition "taxes" in section 339 is to be read as meaning taxes as defined in section 1 of this Act;
(b) in subsection 368(1) of The Municipal Act a reference to clause 367(7)(a) is to be read as a reference to subsection 169(8) of this Act;
(c) a reference in sections 377, 378 and 380 of The Municipal Act to section 367 is to be read as a reference to section 169 of this Act; and
(d) a reference to the minister is to be read as a reference to the minister appointed by the Lieutenant Governor in Council to administer this Act.
Notice provisions re tax sale and auction
In place of the requirements of sections 366 and 367 of The Municipal Act, an incorporated community must give notice of a tax sale and auction of property in accordance with this section.
At least 120 days before an auction, the community must present to the appropriate land titles office for registration a notice of tax sale, in a form approved by the Registrar-General, for each property to be offered for sale at the auction.
Upon receipt of a notice of tax sale for a property, the district registrar must accept it for registration and enter it on the title to the property or, if the property is under the old system as defined under The Real Property Act, in the abstract book for the property.
Directions for service of notice
If a person has, at the time a notice of tax sale is registered, a registered interest in the property that would be affected by the sale, the district registrar must give the community the person's name and
(a) the person's most recent address for service shown on the records of the land titles office; or
(b) if no address for service is shown on the records of the land titles office, directions for substitutional service.
Different directions for different properties
For the purpose of clause (4)(b), the district registrar may give different directions for substitutional service for different properties, and
(a) may allow the community to dispense with service of the notice if the property has an assessed value, for the year in which the notice is presented for registration, of less than $1,000.; or
(b) may direct the community to make efforts to ascertain an address for service, and following those efforts, may provide further directions for service.
At least 90 days before the auction of a property, the community must give notice of the auction
(a) to the registered owner of the property at the address shown on the most recent tax notice issued in respect of the property, by certified mail;
(b) to the persons for whom addresses are provided under clause (4)(a), by certified mail; and
(c) to the persons for whom directions for service are provided under clause (4)(b), in accordance with those directions.
A notice under subsection (6) must be in a form approved by the minister and state that unless the tax arrears for the designated year and costs are paid to the community, or unless the property owner has entered into an agreement with the community for their payment, before the auction begins,
(a) the community may offer the property for sale at the auction;
(b) the property may be sold at the auction for less than the amount of the tax arrears; and
(c) if the property is sold, the sale is final and any interest the person had in the property before the sale is extinguished.
At least 30 days before an auction, the community administrative officer must post in the community office a list, in a form approved by the minister, of the properties to be offered for sale at the auction.
Prior right of community to purchase
Subject to subsection (2), an incorporated community may, instead of selling a property at auction, purchase it for the amount of the unpaid taxes.
Property may be redeemed from tax sale
The community's right to purchase a property under subsection (1) is subject to the right of any person to pay the tax arrears for the designated year and costs in respect of a property before the beginning of the public auction at which the property otherwise would be offered for sale.
Where an incorporated community purchases property under subsection (1), the date of purchase is the date the public auction of the property would otherwise have been held.
If an incorporated community intends to exercise its right under this section, the notice under subsection 169(6) must contain a statement to that effect.
An incorporated community that exercises its right under subsection (1) to purchase real property need not pay the purchase money for the property.
REGULATIONS
Application — regulation making powers under Municipal Act
If a provision of The Municipal Act adopted by reference under section 164 or 168 authorizes or requires the minister to make a regulation, the provision is to be read as authorizing or requiring the minister appointed to administer this Act to make the regulation.
PART 8
THE MINISTER
GENERAL ROLE AND POWERS
The minister
(a) is responsible for co-ordinating the activities of the government in northern Manitoba; and
(b) may assist in providing, maintaining and improving local services within settlements and communities.
Services — other departments and agencies
The minister may request a department of the executive government or a Crown agency to do things or provide services in or in respect of northern Manitoba or any part of it, and the department or agency may do so.
Powers — communities that are not incorporated
Except to the extent that a power or function has been expressly assigned to a community or its council, within the boundaries of a community that is not incorporated, the minister has and may exercise all the powers and functions that an incorporated community and its council may exercise within its boundaries.
Powers — areas outside communities
In the part of northern Manitoba that is not within the boundaries of a community, the minister has and may exercise all the powers and functions that an incorporated community and its council may exercise within its boundaries.
Powers under other enactments continue
The powers and functions of the minister under this section are in addition to the powers and functions of the minister under this or any other enactment.
Division 2 (Liabilities of Communities) of Part 9 applies, with necessary changes, in respect of anything done or not done by the minister within the boundaries of a community that is not incorporated and in the part of northern Manitoba that is not within the boundaries of a community.
Ministerial powers may be exercised differently
The minister may exercise the powers and functions assigned to him or her by this Act differently in different settlements, communities or areas of northern Manitoba.
In providing a service in an area outside the boundaries of a community, the minister may have regard for the population density of the area and the geographic limitations.
Regulations in place of by-laws
If an incorporated community must enact a by-law to exercise a power or function assigned to it, the minister may exercise the comparable power or function only by making a regulation.
Dates may be varied re tax regulation
The dates in sections 157 and 158 do not apply to a regulation made by the minister respecting the imposition and collection of taxes in
(a) a community that is not incorporated; or
(b) a part of northern Manitoba outside the boundaries of a community.
Delegation and assignment by regulation
The minister may by regulation
(a) delegate any of his or her powers or functions under subsection 173(1); and
(b) assign any of the duties of an incorporated community;
to a community that is not incorporated on any terms and conditions that the minister considers advisable.
Community exercising delegated powers
A community exercising a delegated power or function under this section must do so in the same manner that an incorporated community exercise the power or function. But sections 176 and 177 continue to apply to the by-laws and resolutions of the community.
FILING AND DISALLOWANCE OF BY-LAWS FOR COMMUNITIES THAT ARE NOT INCORPORATED
The council of a community that is not incorporated must ensure that a copy of each by-law it passes is filed with the minister in accordance with regulations.
Coming into force of by-law delayed
A by-law filed with the minister under subsection (1) comes into force 30 days after the day it is filed, unless the by-law provides for a later date.
The minister may at any time disallow a by-law filed under subsection (1), in whole or in part, by giving written notice to the council. Upon disallowance, the by-law or the disallowed part of it ceases to have effect and is deemed to be repealed.
Filing requirement — resolutions
The council of a community that is not incorporated must ensure that a copy of each resolution it passes is filed with the minister in accordance with the regulations.
Coming into force of resolution delayed
A resolution filed with the minister under subsection (1) comes into force 14 days after the day it is filed, unless the resolution provides for a later date.
The minister may at any time disallow a resolution filed under subsection (1), in whole or in part, by giving written notice to the council. Upon disallowance, the resolution or the disallowed part of it ceases to have effect and is deemed to be repealed.
The minister may prescribe categories of resolutions that are not subject to this section.
INFORMATION
Giving minister documents and information
The minister may direct a community to provide a copy of any document or information in its possession to the minister within a specified time.
The community must comply with the direction and provide the copy to the minister without charge.
Regulations re information to be distributed
The minister may make regulations requiring a community to distribute information about the community and programs and activities to residents of the community.
DEALING WITH LAND AND OTHER PROPERTY
For the purpose of carrying out the responsibilities and powers assigned by section 172, the minister may acquire, hold and dispose of
(a) land and improvements in northern Manitoba;
(b) personal property, wherever situated; and
(c) an interest in such land, improvements and personal property.
Exercising power to acquire land
The power to acquire land under subsection (1) includes
(a) acquisition by purchase, lease, gift or otherwise, on any terms or conditions acceptable to the minister;
(b) acquisition for any purpose, including resale; and
(c) acquisition of an option on land.
Land acquired becomes Crown land
Land acquired under section 180
(a) is Crown land within the meaning of The Crown Lands Act and is vested in the Crown; and
(b) is subject to the prior approval of the minister and may be disposed of as provided for in that Act.
Minister to consult prior to disposition
Under clause (1)(b), the minister must not approve the disposition of Crown land that is located in, or within eight kilometres of, a community without first consulting the council of the community.
No consultation re permits under Crown Lands Act
Despite subsection (2), no consultation is required respecting the renewal of a permit of occupation or use under The Crown Lands Act.
Delegation of approving land dispositions
The minister may by regulation delegate to the council of an incorporated community the minister's function of approving dispositions of Crown land. The minister may make the delegation subject to terms and conditions that he or she considers appropriate.
FINANCIAL MATTERS
The Northern Affairs Fund (the "Fund") is continued.
The minister is responsible for the Fund.
The minister must
(a) open and maintain one or more bank accounts for the Fund; and
(b) promptly deposit into that account, or those accounts, all money that the minister receives on behalf of the Fund.
The minister must credit to the Fund the following:
(a) money paid to the minister from the Consolidated Fund on the requisition of the minister, including any grants payable to the minister under The Unconditional Grants Act;
(b) money paid to the minister, under an agreement or arrangement between the minister and the Government of Canada or an agency of that government, by the Government of Manitoba or an agency of the government, or a person;
(c) taxes collected by the minister;
(d) proceeds from the sale or rental of property held by the minister under this Act, other than land subject to The Crown Lands Act;
(e) any other money paid or donated to the minister for the purposes of this Act.
The payments required to be made by the minister under this Act are to be made out of the Fund. The minister may designate persons who may make requisitions from the Fund.
The fiscal year of the Fund is the same as the fiscal year of the government.
The accounts of the Fund must be maintained to the satisfaction of the Auditor General.
Fund not part of Consolidated Fund
The Fund is not part of the Consolidated Fund, but the money in it is the property of Her Majesty in right of Manitoba.
Investment of money in the Fund
The minister may invest any money in the Fund that is not immediately required with the Minister of Finance. The Minister of Finance
(a) may manage the money of the Fund in the same manner as public money under subsection 27(2) of The Financial Administration Act; and
(b) must credit the Fund with any interest earned on the investments of the Fund's money.
At least once in each fiscal year, the Auditor General must conduct and report on an audit of the accounts of the Fund. The Auditor General's report must include audited financial statements of the affairs of the Fund for that fiscal year, including a balance sheet and a statement of receipts and disbursements.
Auditor's report in Public Accounts
The report of the Auditor General and financial statements of the fund must be included in the Public Accounts of the government.
If, on or before May 15 in any year, an incorporated community has not filed a copy of a property tax by-law with the minister as required under subsection 157(4), or entered into an agreement with the minister as provided for in subsection 160(1), the minister may
(a) in writing, impose such an agreement on the community, on terms and conditions satisfactory to the minister; and
(b) do all things necessary to set rates of, and impose and collect,
(i) property taxes, business taxes, fees in lieu of business taxes and taxes respecting local improvements and special services,
(ii) any other taxes, levies and charges imposed under this Act that may be added to or collected in the same manner as property taxes or business taxes, and
(iii) any taxes, levies or charges imposed under another Act that the community is required to collect and that may be added to or collected in the same manner as property taxes or business taxes;
within the boundaries of the community.
Agreements with Canada and others
With the approval of the Lieutenant Governor in Council, the minister may enter into agreements, on any terms that he or she considers appropriate, with the Government of Canada, one of its agencies or any other person for the purpose of
(a) establishing and developing a new settlement or community;
(b) encouraging the establishment or expansion of industry in northern Manitoba;
(c) providing, maintaining, or improving local services for the benefit of the residents of northern Manitoba, including residents of a particular community; or
(d) assisting a community in furthering its purposes.
A community, municipality, school division or school district may be a party to an agreement made under subsection (1).
Agreement may provide for fees in lieu of taxes
An agreement made under subsection (1) may provide for
(a) a party to the agreement to pay a fee in lieu of taxes for community, municipal and school services; and
(b) a corresponding exemption for that party from taxes imposed by or on behalf of the community, municipality, school division or school district.
The minister may, by regulation,
(a) require a person who owns or occupies property in northern Manitoba that is not within the boundaries of an incorporated community to pay a fee in lieu of taxes; and
(b) fix, or provide for the manner of determining and fixing, the fee payable under clause (a).
A fee in lieu of taxes under this section may be collected by the minister in the same manner and with the same priority as real property taxes.
In sections 186 and 187, "taxes" means business taxes, property taxes, and fees in lieu of business taxes imposed by or on behalf of a community under this Act or a municipality under The Municipal Act.
Property in northern Manitoba that is subject to an agreement under section 186 or for which a fee in lieu of taxes is payable under section 187 may not be included in an area designated by the minister as being within a municipality for the purposes of assessment under The Municipal Assessment Act.
The minister may make grants to a community, on any conditions that he or she considers appropriate.
An incorporated community is deemed to be a municipality for the purposes of The Unconditional Grants Act.
Payment of money received to council
Subject to the provisions of this Act, the minister may make grants of money received by him or her under The Unconditional Grants Act in respect of residents of a community to the council of that community.
Despite section 3 of The Unconditional Grants Act, for the purposes of that Act, the population of northern Manitoba in any year is to be determined in a manner prescribed under this Act.
Section 4 of The Unconditional Grants Act does not apply to the determination of the population of northern Manitoba.
Withholding financial assistance
If, in the opinion of the minister, a community or its council fails to comply with a duty under an enactment, the minister may do one or more of the following:
(a) reduce a grant that the minister would otherwise have provided to the community under this Act;
(b) require the community to pay to the minister an amount not exceeding the total value of grants provided to the community under this Act in the year the community failed to comply;
(c) if a grant previously provided by the minister to the community under this Act was made subject to conditions, amend the conditions or impose additional conditions;
(d) if a grant previously provided by the minister to the community under this Act was not made subject to conditions, impose conditions.
Set-off — money to be paid to community
If the minister is satisfied a person owes a specific sum of money to a community, the minister
(a) may authorize the retention, by way of deduction or set-off, of the amount of that indebtedness out of any amount that may be due and payable by the government or a government agency to the person or their assignee; and
(b) must pay the amount retained to the community.
Set-off — money paid over to others
If the minister is satisfied that a community owes a specific sum of money to a person, the minister
(a) may authorize the retention, by way of deduction or set-off, of the amount of that indebtedness out of any amount that may be due and payable by the government or a government agency to the community; and
(b) must pay the amount retained to the person.
The minister must promptly send a notice, setting out particulars of the deduction or set-off, by ordinary mail to a person or community from whom a deduction under this section was made, at the address last known to the minister.
The amount of the indebtedness deducted by the minister and paid in accordance with clause (1)(b) or (2)(b) is deemed to have been paid to the person or community to whom it was payable by the government.
MINISTER'S ROLE UNDER OTHER ACTS
Minister assumes role in respect of approvals etc.
If an enactment provides that
(a) a by-law or resolution of a community may be passed or come into effect; or
(b) a plan of subdivision may be registered;
only with the approval, consent, authorization, direction or certificate of a minister other than the minister appointed to administer this Act, or of The Municipal Board or The Public Utilities Board, the enactment is deemed to provide that the approval, consent, authorization, direction or certificate is to be made or given by the minister.
Acting as P.U.B. for community not incorporated
Subsection (1) applies, with necessary changes, to an approval, consent, authorization, direction or certificate of The Public Utilities Board required in respect of a by-law or resolution of a community that is not incorporated.
The minister is not required to hold a hearing before giving or refusing approval, consent, authorization, direction or certification under this section.
Before giving or refusing approval, consent, authorization, direction or certification about a matter under this section, the minister may order that it be investigated under section 195.
APPEALS TO THE MINISTER
Appeals to minister — unincorporated communities
The following persons may appeal an order or decision to the minister in respect of a community that is not incorporated:
(a) a person to whom an order under section 39 or 40 (order to remedy contravention) is directed;
(b) a person who is aggrieved by an order or decision of an employee to issue, suspend, or cancel, or refuse to issue or grant, a licence, permit, approval or consent.
The appeal must be commenced by filing a written notice of appeal.
A notice of appeal must
(a) contain
(i) the name and address of the person appealing,
(ii) a copy of the notice order or decision being appealed, and
(iii) concisely stated reasons for the appeal; and
(b) be served on the minister and the community,
(i) if the appeal is from an order made under section 39 or 40 and the time specified in the order for complying with it is less than 14 days, within the time so specified, and
(ii) in any other case, within 14 days — or such longer period as is specified in a by-law — after the day the person received or is deemed to have received the order or decision, as the case may be.
Where decision or order not appealed
An order or decision that is not appealed within the time specified in subsection (2) is final.
When a matter is appealed, the minister must request the community to provide him or her a written response within a specified time. In addition to providing the minister a response, the community must send a copy of its response to the appellant.
Minister's powers to determine appeals
The minister may by written order
(a) confirm, vary or rescind the order or decision of the community;
(b) make any order or decision that the community could have made; or
(c) refer the matter back to the community for further consideration by it in accordance with any direction of the minister.
Before making a decision under subsection (5), the minister may order an investigation into the matter under section 195.
The decision of the minister in an appeal under this section is final.
INVESTIGATIONS
On the minister's initiative or on the request of the council of the community, the minister may require an investigation of the following:
(a) any matter connected with the management, administration or operation of the community or any of its affiliated bodies;
(b) the conduct of a member of council, or an employee or agent of the community;
(c) the conduct of a person who has an agreement with the community relating to the duties or obligations of the community or the person under the agreement.
The minister shall appoint one or more persons to carry out an investigation and is responsible for any remuneration to be paid to them.
Powers and duties of appointee
A person appointed to conduct an investigation has
(a) the powers of a commissioner under Part V of The Manitoba Evidence Act; and
(b) the same right of access to the records of a community or any of its local bodies, and may obtain the same information from financial institutions, land titles and the courts, as the auditor of a community may under section 154.
A person appointed to conduct an investigation must, within the time specified by the minister, give the minister a written report with recommendations.
The minister must send a copy of the report to
(a) the appellant, if the investigation relates to an appeal to the minister; and
(b) the council of the community.
DIRECTIONS, DISMISSAL AND ADMINISTRATION
Directions in certain circumstances
If, because of an audit under section 155 or an investigation under section 195, the minister considers that a community is managed in an irregular, improper or improvident manner, the minister may by order direct the council or the community administrative officer to take any action that the minister considers proper in the circumstances.
If the minister's order is not carried out to his or her satisfaction, the minister may by order dismiss the council or the community administrative officer.
Election of new council or new members
On the dismissal of the council or a member of council, the minister may
(a) direct the election of a new council take place; or
(b) appoint an administrator.
Section 197, except subsection 197(1), applies in respect of an administrator appointed under clause (3)(b).
Appointment of administrator — financial difficulties
Where the minister believes that a community is in serious financial difficulty and considers it to be in the best interests of the community, its voters and creditors, that the affairs of the community be administered by an administrator, the minister may by order appoint an administrator of the affairs of the community.
In the appointment, the minister may
(a) give the administrator directions regarding the deposit and disbursement of all money of, or received on account of, the community;
(b) give the administrator directions regarding the approval and execution of all by-laws, security documents and other documents; and
(c) impose terms or conditions on the administrator or give him or her other directions that the minister considers advisable.
Administrator under control of minister
The administrator must consult the minister and be guided by his or her advice and directions.
Subject to this section, an administrator has the powers and authority and is subject to the restrictions and responsibilities of the council of a community under this or any other Act or a by-law.
Notice of an order made by the minister under subsection (1) must be published in The Manitoba Gazette.
Administrator may demand books
The administrator may demand from the community administrative officer all money, securities, evidences of title and community records.
The administrator must be bonded, as determined by the minister, for the faithful performance of his or her duties.
Approval of administrator's by-laws
In the case of an administrator appointed for an incorporated community, no by-law passed by the administrator is effective until approved by the minister.
The minister may require that the expenses of the administrator be paid wholly or in part by the community under supervision and included in the operating budget of the community.
Restoration of community status
When the minister considers it advisable to provide that the affairs of the community again be conducted by a council, the minister may by order
(a) make suitable provisions for the election of a new council for the community; and
(b) revoke the appointment of the administrator effective upon that election.
When an administrator is appointed under subsection 197(1), the then existing council and community administrative officer of the community are deemed to have resigned from office and are no longer qualified to act for or on behalf of the community or to exercise the powers, duties or functions given to a council, a member of council or a community administrative officer under this or any other Act.
RECEIVERSHIP
If the minister believes that a community is insolvent or is in imminent danger of insolvency and considers it to be in the best interests of the community, its voters and creditors that the community be dissolved and its affairs wound up, the minister may by order
(a) dissolve the community; and
(b) appoint a receiver.
When a receiver is appointed, the community is deemed to be dissolved and the then existing council and community administrative officer are deemed to have resigned from office and are no longer qualified to act for or on behalf of the community or to exercise the powers, duties or functions given to a council, a member of council or a community administrative officer under this or any other Act.
Publication in Manitoba Gazette
Notice of an order made by the minister under this section must be published in The Manitoba Gazette.
Receiver under control of minister
The receiver must consult the minister and be guided by his or her advice and directions.
The receiver may demand from the community administrative officer all money, securities, evidences of title, and community records.
The receiver must be bonded as determined by the minister for the faithful performance of his or her duties.
Subsection 197(9) (payment of expenses) applies, with necessary changes, to the expenses of the receiver.
The receiver may
(a) realize upon the assets of the community; and
(b) with the approval of the minister, sell the assets of the community and execute, in the name of and on behalf of the community, all documents.
The receiver must apply all money received by him or her in payment of the liabilities of the community, as far as circumstances permit, in the following order of priority:
(a) costs and expenses incidental to the receivership, including expenses of the receiver;
(b) salaries owing to employees of the community;
(c) amounts owing by the community to the Crown and to the school districts or school divisions for which the community collects taxes;
(d) other just debts of the community, rateably and without preference or priority.
Distribution of assets for school purposes
The minister may order the receiver to assign and transfer all or any portion of the assets of the dissolved community to the respective school districts or school divisions for which the community collects taxes, or to a trustee of them, in the manner provided in the order, in settlement of all claims of the respective school districts or school divisions against the community.
FEES
The minister may charge a fee in connection with any service, program or other thing done by or under the authority of the minister under this Act or the regulations.
A person who receives a service, program or other thing done by or under the authority of the minister is liable to pay the fee established under subsection (1) to the government, and the fee may be collected by civil action for debt in a court of competent jurisdiction.
DELEGATION
The minister may delegate in writing to any person any power, duty or function of the minister under this Act, except the power to make regulations.
PART 9
LEGAL MATTERS
DIVISION 1
CHALLENGING BY-LAWS AND RESOLUTIONS
Application for declaration of invalidity
A person may make an application to the court for a declaration that a by-law or resolution is invalid on the ground that
(a) the council acted in excess of its jurisdiction;
(b) the council acted in bad faith;
(c) the by-law is discriminatory; or
(d) the council failed to comply with
(i) a requirement of this or any other Act, or
(ii) the community's procedures for passing the by-law or resolution, as adopted under section 126.
A by-law is discriminatory if it operates unfairly and unequally between different classes of persons without reasonable justification.
Upon hearing an application under subsection (1), a judge may make the requested declaration and any other order he or she considers appropriate.
Time limit for action under clause 205(1)(d)
Subject to subsection (2), an application under clause 205(1)(d) must be filed within one year after the by-law or the resolution is passed.
Validity relating to public participation
The limitation period in subsection (1) does not apply if the ground for the application is that
(a) notice of an intention to pass the by-law was required but not given; or
(b) a public meeting was required in respect of the by-law but was not held.
No challenge on certain grounds
No by-law, resolution or proceeding of a council and no resolution or proceeding of a council committee may be challenged on the ground that
(a) the by-law is unreasonable or not in the public interest;
(b) a person sitting or voting as a member of council
(i) was not qualified when elected, or
(ii) after being elected, ceased to be qualified or became disqualified;
(c) a person sitting or voting as a member of a council committee
(i) was not qualified when appointed or elected, or
(ii) after being appointed or elected, ceased to be qualified, or became disqualified;
(d) the election of one or more members of council is invalid;
(e) a member of council has resigned because of disqualification;
(f) a person has been declared disqualified from being a member of council;
(g) a member of council does not take the oath of office; or
(h) there was a defect in the appointment of a member of council or other person to a council committee.
DIVISION 2
LIABILITY OF COMMUNITIES
The following definitions apply in this Division.
"building standard" means
(a) a building construction standard adopted, established, prescribed or varied under The Buildings and Mobile Homes Act; and
(b) a standard adopted, established, prescribed or varied under a regulation under The Fires Prevention and Emergency Response Act. (« norme de construction »)
"inspection" means an examination, review, survey or other action permitted or required to enforce a building standard. (« inspection »)
"public facility" means a place that is subject to the direction, control and management of a community, and includes playgrounds, arenas, swimming pools, recreation centres, offices and libraries operated by a community. (« installations collectives »)
"public work" means any work that is constructed or maintained by a community for a community purpose, but does not include a public facility. (« ouvrage public »)
COMMUNITY ROADS
No liability unless community road
A community is not liable for loss or damage sustained in respect of a road in the community unless the road is a community road.
A community is not liable for loss or damage in respect of a community road
(a) for failing to construct or maintain the road beyond the standard required under section 73 and subsection 76(2);
(b) caused by installing, failing to install, or the choice of a wall, fence, guardrail, railing, curb, pavement marking, traffic control device, illumination device or barrier adjacent to or in, along or on the road, except where the loss is caused by the community's failing to replace or repair a wall, fence, guardrail, railing, traffic control device, illumination device or barrier adjacent to, or in, along or on, the road and the community
(i) knew or ought to have known of the state of disrepair, and
(ii) failed to take reasonable steps to correct the state of disrepair within a reasonable period of time;
(c) caused by
(i) any construction, obstruction or erection, or
(ii) the situation, arrangement or disposition of any earth, rock, tree or other material or thing,
adjacent to or in, along or on the portion of the road that is not designed for vehicle use; or
(d) caused by rain, hail, snow, ice, sleet or slush on the road or on a sidewalk adjacent to or along the road, unless the community is grossly negligent.
Liability for location of community road
Where a community in good faith constructs a community road, but the road is located other than according to the plan for the road, the community is liable to the owner of the land on which the road was constructed only to the same extent as if that land had been expropriated.
BUILDING INSPECTIONS
A community is not liable for a loss related to
(a) the manner or extent of an inspection; or
(b) the frequency, infrequency or absence of inspection;
unless the inspection was requested at the appropriate stage of construction and with reasonable advance notice before the inspection was required, and the community failed to conduct the inspection or conducted it in a negligent manner.
An inspection is conducted in a negligent manner only if it fails to disclose a defect or deficiency that
(a) could be reasonably expected to be detected; and
(b) falls within the scope of the inspection being conducted.
Certification by professionals
For the purpose of an inspection, a community may rely on a certification or representation by an engineer, architect, surveyor or other person with expertise respecting the thing being certified or represented, and a community that relies on such a certification or representation is not liable for any loss or damage caused by the negligence of the engineer, architect, surveyor or other person in making the certification or representation.
Matters outside scope of inspection
An inspection by a community to enforce a building standard does not create or impose a duty on the community with respect to any matter not being inspected.
Failure to comply with conditions
If conditions are imposed by the community in respect of or in the course of an inspection, the community is not liable to any person for loss or damage as a result of the conditions not being complied with, unless the community
(a) knew of the failure to comply with the conditions;
(b) had the power to order that the conditions be complied with; and
(c) failed to order compliance.
Failure to prevent or limit loss
A community is not liable for loss or damage resulting from an inspection or a failure to inspect if the person claiming the loss knew or ought to have known of the thing or matter that caused the loss and failed to take reasonable steps to limit or prevent the loss.
An inspection or a system of inspections by a community is not a representation, guarantee, warranty or insurance of the quality or standard of construction of, or of any other thing respecting, the property, building, utility, structure or other thing inspected.
OTHER MATTERS
Limited liability for public facility
A community is not liable for failing to maintain a public facility in a reasonable state of repair unless the community knew or ought to have known of the state of disrepair and failed to take steps to rectify the state of disrepair within a reasonable period of time.
Limited liability for utilities or services
Where a community operates a utility or provides a service, it is not liable for loss or damage as a result of
(a) the breaking of a pipe, service line, conduit, pole, wire, cable or other part of the utility or service; or
(b) the discontinuance or interruption of a service or connection;
by reason of
(c) accident;
(d) disconnection for non-payment or non-compliance with a term or condition of service;
(e) necessity to repair or replace a part of the utility or service; or
(f) necessity to comply with an order made under an enactment.
Limited liability for water overflow
Where an overflow of water from a sewer, drain, ditch or watercourse is a consequence of excessive snow, ice or rain, a community is not liable for a loss as a result of the overflow.
Limitation on standard of care for protective fire services
For the purpose of determining the standard of care of a community in an action or proceeding relating to the provision by the community of a protective fire service, the court shall consider all relevant factors that might reasonably have affected the ability of the community to provide the fire protection services, including, but not limited to,
(a) the population density of the community;
(b) geographic limitations to the provision of the service;
(c) the voluntary nature of the service;
(d) the revenues available to the community; and
(e) any other criteria specified by the minister by regulation.
A community that has the discretion to do something is not liable for deciding in good faith not to do that thing or for not doing it.
Liability for remedying contravention of by-law
A community is not liable for loss or damage caused by it in remedying, or attempting to remedy, a contravention of a by-law, unless the community is grossly negligent.
No liability for negligent supervision by others
Where a community entrusts the construction of a public work or a public facility to the supervision of an engineer, architect, surveyor or other person with relevant expertise to supervise the construction, the community is not liable for loss or damage arising from any negligence on the part of the supervisor.
No liability for certain nuisances
A community is not liable for a nuisance as a result of
(a) the construction, operation or maintenance of a system or facility for collection, conveyance, treatment or disposal of sewage or storm water, or both sewage and storm water, unless the community is negligent; or
(b) the construction or operation of a public work, regardless of whether the authority to construct or operate the work is mandatory or permissive, unless the nuisance could have been prevented by another practicable method of constructing or operating the public work.
To claim against a community for loss or damage as a result of the community's failure to maintain a community road or a public facility, the claimant must, in writing, notify the community administrative officer of the community of the event on which the claim is based within three days after the event.
Failure to notify the community within the time required by subsection (1) bars the action unless
(a) the claimant has a reasonable excuse for the lack of notice and the community is not prejudiced by the lack of notice;
(b) the claim relates to the death of a person as the result of the event complained of; or
(c) the community waives the notice requirement.
When notice must be forwarded to minister
The community administrative officer of a community that is not incorporated must immediately forward a notice received under subsection (1) to the minister or person designated by the minister.
DIVISION 3
JUDGMENTS AGAINST COMMUNITIES
A judgment creditor may serve a judgment issued against a community by serving it on its community administrative officer, who must bring the judgment to the attention of the council at the next council meeting.
A community must pay money owing by it to a judgment creditor.
If a community fails, in whole or in part, to satisfy a judgment owed by it, the minister may do one or both of the following:
(a) pay the amount owing on the judgment to the judgment creditor, as provided for in subsection 192(2);
(b) appoint an administrator under section 197.
Liens against community property
A judgment creditor of a community does not have and never had a lien or charge on land or personal property of the community unless the lien was created as a specific charge on the land or property.
The registration of a certificate of judgment against a community in a land titles office, or any other place, for the purpose of collecting the judgment is void unless the judgment was made under a security agreement specifically charging the land or property.
Prohibition of execution against community
No execution, attachment or process of a similar nature shall be issued out of any court to enforce payment of money by a community under a judgment.
DIVISION 4
INDEMNIFICATION OF MEMBERS OF
COUNCIL, EMPLOYEES AND VOLUNTEERS
The following definitions apply in this Division.
"community officer" means
(a) the community administrative officer;
(b) a designated officer; and
(c) any other employee of the community. (« fonctionnaire de la collectivité »)
"costs" means any costs, charges, fees and expenses, reasonably incurred in respect of a civil, criminal, or administrative action or proceeding, including an amount paid to settle an action or satisfy a judgment. (« frais »)
"volunteer worker" means a voluntary member of a fire or ambulance service or local emergency response control group established by a community, or any other volunteer performing duties authorized by a community. (« volontaire »)
A member of a council or council committee, or a community officer or volunteer worker is not liable for any loss or damage suffered by a person by reason of anything said or done or omitted to be done by the member, officer or volunteer worker in good faith in the performance or intended performance of powers, duties or functions under this or any other Act.
Subsection (1) is not a defence to an action in defamation.
Subsection (1) does not relieve a community of liability to which it would otherwise be subject in respect of the actions of the persons referred to in subsection (1).
Indemnification on successful defence
Subject to subsection (3), a community must indemnify a current or former member of a council or council committee, or a community officer or volunteer worker, or the heirs and legal representatives of such a person, for reasonable costs incurred in a civil, criminal or administrative action or proceeding commenced as a result of anything said or done or omitted to be done in the performance or intended performance of their functions, duties or powers if the person was substantially successful on the merits of the defence of the action or proceedings.
Subject to subsection (3), the community may indemnify a current or former member of a council or council committee, or a community officer or volunteer worker, or the heirs and legal representatives of such a person, in whole or in part, for reasonable costs incurred in a civil, criminal or administrative action or proceeding commenced as a result of anything said or done or omitted to be done in the performance or intended performance of their functions, duties or powers if
(a) the person acted in good faith; and
(b) in the case of a criminal or administrative action or proceeding that is enforced by a monetary penalty, the person had reasonable grounds for believing the conduct in question was lawful.
Costs incurred under Conflict of Interest Act
A community may indemnify a current or former member of a council or council committee, a community officer or volunteer worker, or the heirs and legal representatives of such a person, in whole or in part, for costs incurred in defending an application by or on behalf of the community under section 105 (conflict provisions) only if the person, on making an application to the court, satisfies the court that he or she acted in good faith.
DIVISION 5
UNAUTHORIZED EXPENDITURES
A member of a council is guilty of an offence under this Act who
(a) spends or invests, or authorizes the expenditure or investment, of money of the community without authorization or contrary to the authorization given
(i) under a by-law or resolution or this or any other Act, or
(ii) by the minister; or
(b) accepts a payment from the community, or votes in favour of paying to a person, including a member of council, of an amount that is not authorized by council, the minister or by this or any other Act, or of an amount that is greater than is authorized.
Civil liability of members of council
In addition to any penalty imposed under subsection (1), a member of council who is guilty of an offence under subsection (1) is liable to the community for the amount spent, invested or paid.
If more than one member is liable under subsection (2), those member are jointly and severally liable to the community.
The liability under this section of a member of council may be enforced in an action by the community or a voter.
This section does not apply to an expenditure made in respect of
(a) a disaster or emergency declared by council or the mayor of an incorporated community under The Emergency Measures Act; or
(b) necessary and urgent repairs of a public work, if the amount expended does not exceed the amount prescribed by the minister.
DIVISION 6 NOTICES AND SERVICE OF DOCUMENTS
PUBLIC NOTICE
Public notice of by-laws and meetings
If public notice of a by-law or a public meeting is required to be given by a provision of this Act, the community must post, within a place accessible to the public, a copy of the by-law or notice of the meeting for a period of at least 14 days in
(a) the community office;
(b) the place of the regular meetings of council, if other than the community office; and
(c) at least one other location in the community designated by council.
Content of the notice of meeting
A notice of a public meeting must set out
(a) the name of the body that will conduct the meeting;
(b) the date, time and place of the meeting;
(c) a general description of the matter to be considered;
(d) that the purpose of the meeting is to allow any interested person to make a representation, ask questions or register an objection; and
(e) that the information and documents concerning the matter and the procedures to be followed at the meeting are available for review at the community office or other specified place in the community.
Certification of public notice
A certificate of a designated officer certifying that public notice has been given in accordance with this section is proof of the matters set out in the certificate, and is admissible in evidence without proof of the appointment or signature of the person who signed it.
SERVICE OF NOTICES AND OTHER DOCUMENTS
Service of notices and other documents
Except where this Act provides otherwise, where a notice or other document is required to be given, sent to, or served on a person, service may be effected
(a) by delivering a copy of it personally; or
(b) by sending a copy to the person by registered or certified mail or by another service that provides the sender with confirmation of delivery.
Service of documents on a community
Any person may serve a notice or other document on a community
(a) by serving it personally on the community administrative officer or the mayor; or
(b) by sending it by certified or registered mail to the community administrative officer at the community office.
DIVISION 7
CERTIFIED COPIES OF
COMMUNITY RECORDS
Admissibility of certified copy in evidence
A copy of a community record certified by a designated officer to be a true copy of the original record is, in the absence of evidence to the contrary, proof of the record.
Admissibility of record in converted form
A copy of a community record that has been converted from one form to another and stored in accordance with the regulations is, in the absence of evidence to the contrary, proof of the record if a designated officer certifies that
(a) the record was converted and stored in accordance with the regulations; and
(b) the copy is a true copy of the record as converted.
The certificate of a designated officer is admissible in evidence without proof of the appointment or signature of the person who signed the certificate.
When a community by-law or resolution certified in accordance with this section is filed with the clerk of any court, the court must take judicial notice of it when an action is brought in the court.
Deemed change of certain terms
In any provision of an Act, regulation or by-law applicable to a community, a reference to a term listed in Column 1 of the following Table is deemed to be a reference to the corresponding term listed opposite in Column 2:
| Table | |
| Column 1 | Column 2 |
| clerk, community clerk, secretary, treasurer, secretary treasurer, or administrative officer | community administrative officer |
| head of council | mayor |
| inspector, licence inspector | designated officer |
| chief constable | community constable |
| returning officer | senior election official |
PART 10
REGULATIONS
The Lieutenant Governor in Council may make regulations
(a) respecting any matter that the minister considers is not provided for or is not sufficiently provided for in this Act;
(b) to facilitate the implementation of this Act.
A regulation made under subsection (1) may be made retroactive to a date not earlier than the day this Act comes into force.
A regulation made under subsection (1) is repealed on the earliest of
(a) the coming into force of an amendment that adds the matter to this Act;
(b) the coming into force of a regulation that repeals the regulation made under subsection (1); and
(c) two years after the regulation made under subsection (1) is made.
L.G. in C. regulations — northern Manitoba
The Lieutenant Governor in Council may make regulations excluding an area of Manitoba north of the northern boundary of Township 21 from the provisions of this Act.
The minister may make regulations
(a) designating bodies as local authorities for the purpose of clause (h) of the definition "local authority" in section 1;
(b) for the purpose of Part 2,
(i) designating, changing the designation or withdrawing the designation of a settlement or community,
(ii) naming a settlement or a community,
(iii) describing and changing the boundaries of a settlement or community, and
(iv) changing the corporate status of a community;
(c) for the purpose of clause 29(2)(e), respecting terms, conditions and fees that may be imposed in respect of licences, permits and approvals and agreements related to licences, permits and approvals;
(d) for the purpose of subclause 33(1)(b)(ii), respecting fines and penalties;
(e) for the purposes of section 77, respecting elections;
(f) for the purposes of section 79, respecting the years in which regular elections are to be held and the staggering of terms of members of council;
(g) for the purposes of sections 80 and 81, respecting the manner of electing the mayor and other members of council;
(h) for the purposes of clause 86(1)(e), respecting limits on the amount of fees, salary, wages or other payments for labour or services that a member of council may receive, and the manner in which those amounts may be received;
(i) for the purposes of subsection 87(3), respecting the procedure to be followed in making an application for a declaration that a member is disqualified;
(j) for the purposes of section 93, respecting the election of the first council of a community when the community is first designated;
(k) for the purposes of section 94, respecting the appointment of election officials by communities, their qualifications and the remuneration payable to them;
(l) for the purposes of clause 96(1)(d), respecting duties to be performed by the principal electoral officer;
(m) for the purposes of subsection 101(3), establishing the number of councillors to be elected for a community;
(n) for the purposes of section 105, respecting changes necessary in order for The Municipal Council Conflict of Interest Act to operate in northern Manitoba;
(o) for the purposes of section 131, respecting the types, rates, amounts — including maximum amounts — and conditions of payments of indemnities and expenses to members of council of a community that is not incorporated;
(p) for the purposes of section 138, respecting the participation of councils and their employees in the Manitoba Municipal Employees Pension Plan and the Municipal Employees Benefits Fund;
(q) for the purposes of section 139,
(i) the retention and disposition of community records, and
(ii) community records to be kept at community offices;
(r) for the purposes of subsection 142(3), respecting additional components that must be included in the management plan adopted by a community;
(s) for the purposes of section 159, prescribing limitations on fees set on businesses in lieu of taxes;
(t) for the purposes of clause 163(b), respecting the imposition and collection of taxes;
(u) for the purpose of section 171,
(i) prescribing the annual rate of interest to be paid on excess taxes,
(ii) prescribing limitations on discounts allowed for the prepayment of taxes,
(iii) prescribing limitations on penalties set in respect of tax arrears,
(iv) for the purpose of the definition "costs" in subsection 363(1) of The Municipal Act, respecting administration fees payable to communities in respect of tax sales, and
(v) establishing the criteria which make a property subject to sale by auction;
(v) for the purposes of section 175,
(i) delegating any of the minister's powers and functions to a community that is not incorporated, and
(ii) assigning duties of an incorporated community to a community that is not incorporated,
on terms and conditions that the minister considers advisable;
(w) for the purposes of sections 176 and 177, respecting the filing of by-laws and resolutions with the minister, including designating the place where by-laws and resolutions must be filed or the person with whom they must be filed, the manner of filing, and categories of resolutions that are not required to be filed with the minister;
(x) for the purposes of section 179, respecting information that a community is required to distribute;
(y) for the purposes of subsection 181(4), delegating the minister's function of approving dispositions of Crown land to an incorporated community;
(z) for the purpose of section 187, respecting fees payable in lieu of taxes;
(aa) for the purposes of subsection 190(2), respecting the method for determining the population of northern Manitoba, including incorporated communities, for the purposes of The Unconditional Grants Act;
(bb) for the purpose of clause 214(e), respecting criteria to be considered in determining a standard of care for protective fire services;
(cc) for the purposes of clause 227(5)(b), respecting maximum amounts that may be expended for necessary and urgent repairs of public works, where the expenditure is not otherwise authorized;
(dd) for the purpose of bringing into application in northern Manitoba, with necessary changes, a provision considered necessary or advisable of The Municipal Act and The Municipal Assessment Act;
(ee) respecting the form or content of anything required to be done by a community under this Act;
(ff) defining words or phrases used in this Act or in a regulation for which no definition is given in this Act;
(gg) enlarging or restricting the meaning of a word or expression used in this Act;
(hh) respecting any other matter the minister considers necessary or advisable to carry out the intent and purpose of this Act.
A regulation under this Act may be general or specific in its application and may differentiate in any way or on any basis that the person or body making the regulation considers appropriate.
Publication is proof of compliance
Publication in The Manitoba Gazette of a regulation made under this Act is conclusive proof of compliance with any condition required to make the regulation.
PART 11
TRANSITIONAL PROVISIONS
In this Part,"former Act" means The Northern Affairs Act, R.S.M. 1988, c. N100, as amended to the day before this Act comes into force.
Community with contact person continued as settlement
An area in northern Manitoba that was designated as a community, and for which the minister appointed a contact person under subsection 13(6) of the former Act, is continued as a settlement under this Act.
Communities continued as communities
An area in northern Manitoba that was designated as a community under subsection 13(6) of the former Act is continued as a community under this Act.
Incorporated communities continued
An incorporated community under the former Act is continued as an incorporated community under this Act.
Effect of continuation — settlement
A community that is continued as a settlement under this Act is deemed for all purposes to have been formed as a settlement under this Act.
Effect of continuation — community
A community that is continued as a community under this Act is deemed for all purposes to have been formed as a community under this Act.
The contact person for a community continued as a settlement under subsection 238(1) is deemed to have been appointed as a contact person for the settlement under this Act.
Councils of communities continued
The council of a community referred to in subsection 238(2) or (3) is continued as a council under this Act.
Members continue as if elected under this Act
Each member of the council of a community referred to in subsection 238(2) or (3) continues to hold office as if elected a member of the council under this Act.
Transition from February to October elections
Despite section 78, the term of office of every person elected to an office on a council at the regular election held on February 8, 2006, and every person elected in a by-election to fill a vacancy in such an office, ends at noon on November 5, 2008.
Regular election in October, 2008
A community must hold a regular election on October 22, 2008, to fill a vacancy created by subsection (1).
Regular election to be held in February 2007
Despite sections 78 and 79, if a regular election is to be held in a community on February 14, 2007, under the Community Designation, Boundaries and Elections Schedule Regulation, Manitoba Regulation 161/95, as that regulation read immediately before the coming into force of this Act,
(a) the community must proceed with the regular election on that day; and
(b) the term of office of every person elected to an office on a council at that regular election, and every person elected in a by-election to fill a vacancy in such an office, ends at noon on October 28, 2010.
Provisions apply despite postponement of election
Sections 242 and 243 apply, with necessary changes, if a regular election is postponed to a date other than February 8, 2006, or February 14, 2007.
By-laws, resolutions, appointments and other decisions
A by-law or resolution passed by a council or an appointment or other decision made by or in respect of a community under the former Act, or under a provision of another Act amended or repealed by this Act, continues with the same effect as if it had been passed or made under this Act.
Organizational by-law and procedures by-law
The council of each community must establish its organization and procedures in accordance with sections 125 (organizational of council) and 126 (council to establish procedures) within six months after the coming into force of this Act.
Licences, permits, approvals and authorizations
Licences, permits, approvals and authorizations issued under by-laws or resolutions made under the former Act, or under a provision of another Act amended or repealed by this Act, continue as if they had been issued or made or under this Act.
The agreements and contracts of a community under the former Act, or under a provision of another Act amended or repealed by this Act, that are in force immediately before the coming into force of this Act are continued as if they were made under this Act, subject to any provision of this Act that affects them.
Funds and reserves under former Act
Where money has been paid into or required to be kept in a reserve fund for a specific purpose under the former Act, the fund is continued with the same purpose and must be administered in accordance with this Act.
Nothing in this Act affects a borrowing made under the former Act.
Continuation of tax and penalty
A tax and a penalty in respect of a tax imposed before the coming into force of this Act continues with the same effect as if imposed under this Act.
A tax roll and a tax notice prepared before the coming into force of this Act continue with the same effect as if prepared under this Act.
Where land within a community is sold for taxes before the coming into force of this Act, the provisions of the former Act respecting the rights, powers and obligations of the community, the tax purchaser and the person who owned the land before the sale continue to apply in respect of the land until the period for the redemption of the land provided for under that Act has expired.
The Lieutenant Governor in Council may make regulations
(a) respecting the transition or conversion to this Act of anything from the former Act or any other Act amended by this Act;
(b) to deal with problems or issues arising as a result of the repeal of the former Act and the enactment of this Act.
PART 12
CONSEQUENTIAL AMENDMENTS
The Animal Liability Act
The Animal Liability Act is amended by this section.
Subsection 1(1) is amended by adding the following definition:
"municipality" includes
(a) a local government district, and
(b) as defined under The Northern Affairs Act,
(i) an incorporated community, and
(ii) in northern Manitoba anywhere other than in an incorporated community, the minister responsible for the administration of The Northern Affairs Act; (« municipalité »)
Subsection 5(1) is amended by striking out "municipal by-law passed in accordance with The Municipal Act or a by-law of a local government district passed in accordance with The Local Government Districts Act" and substituting "by-law of a municipality".
Subsection 5(3) is amended
(a) in the English version of the section heading, by striking out "Municipality or LGD not liable" and substituting "No liability"; and
(b) by striking out "or local government district".
The Archives and Recordkeeping Act
The definition "local authority" in section 1 of The Archives and Recordkeeping Act is amended by replacing clause (c) with the following:
(c) a council of a community under The Northern Affairs Act,
The Community Development Bonds Act
Subsection 1(1) of The Community Development Bonds Act is amended by replacing the definition "municipality" with the following:
"municipality" includes
(a) a local government district, and
(b) as defined under The Northern Affairs Act,
(i) an incorporated community, and
(ii) in northern Manitoba anywhere other than in an incorporated community, the minister responsible for the administration of The Northern Affairs Act; (« municipalité »)
The Contaminated Sites Remediation Act
Section 2 of The Contaminated Sites Remediation Act is amended by replacing the definition "municipality" with the following:
"municipality" includes
(a) a local government district, and
(b) as defined under The Northern Affairs Act,
(i) an incorporated community, and
(ii) in northern Manitoba anywhere other than in an incorporated community, the minister responsible for the administration of The Northern Affairs Act; (« municipalité »)
The Freedom of Information and Protection of Privacy Act
Clause (d) of the definition "local government body" in section 1 of The Freedom of Information and Protection of Privacy Act is replaced with the following:
(d) a council of a community under The Northern Affairs Act,
The Health and Post Secondary Education Tax Levy Act
Clause (d) of the definition "local government body" in section 1 of The Health and Post Secondary Education Tax Levy Act is replaced with the following:
(d) a council of a community under The Northern Affairs Act,
The Human Rights Code
Clause (g) of the definition "local authority" in section 1 of The Human Rights Code is replaced with the following:
(g) a council of a community within the meaning of The Northern Affairs Act;
The Liquor Control Act
The Liquor Control Act is amended by this section.
The definition "local authority" in subsection 1.1(1) is amended
(a) in the French version, by replacing clause (c) with the following:
c) une collectivité constituée en vertu de la Loi sur les affaires du Nord;
(b) by replacing clause (d) with the following:
(d) the minister responsible for the administration of The Northern Affairs Act, in respect of all of Northern Manitoba other than an incorporated community.
The definition "municipality" in section 66.1 is amended
(a) in the French version, by replacing clause (c) with the following:
(c) collectivité constituée établie en vertu de la Loi sur les affaires du Nord;
(b) by replacing clause (d) with the following:
(d) the minister responsible for the administration of The Northern Affairs Act, in respect of all of northern Manitoba other than an incorporated community;
The Municipal Act
The definition "unorganized territory in Northern Manitoba" in subsection 5(1) of The Municipal Act is amended
(a) in the French version, by striking out "Affaires" and substituting "affaires"; and
(b) by striking out "a municipality" and substituting "an incorporated community".
The Planning Act
The Planning Act is amended by this section.
Subsection 152(2) is amended by striking out ""incorporated community council","local committee"".
Clause 154(b) of the English version is replaced with the following:
(b) the council of an incorporated community is deemed to be a municipal council.
The following provisions are amended by striking out "or local committee":
(a) subsection 156(1), in the part before clause (a);
(b) subsection 158(3);
(c) subsections 160(1) and (3).
Section 159 is amended
(a) in the part before clause (a), by striking out "or the local committee"; and
(b) in clauses (b) and (c), by striking out "or committee" wherever it occurs.
The Public Sector Compensation Disclosure Act
Clause (e) of the Schedule to The Public Sector Compensation Disclosure Act is replaced with the following:
(e) a municipality within the meaning of The Municipal Act or an incorporated community within the meaning of The Northern Affairs Act,
The Public Utilities Board Act
Section 106 of The Public Utilities Board Act is amended by adding "and sections 32, 49 and 194 of The Northern Affairs Act" after "Winnipeg Charter".
The Regulations Act
Clauses (e) and (f) of the definition "local authority" in section 1 of The Regulations Act are replaced with the following:
(e) the council of a community under The Northern Affairs Act; and
(f) the administrator of a community under The Northern Affairs Act that is under administration.
The Residential Tenancies Act
Subsection 180(1) of The Residential Tenancies Act is replaced with the following:
In this section and sections 181 to 183, "local authority" means
(a) the council of a municipality or a person designated by the council;
(b) the resident administrator of a local government district; or
(c) as defined under The Northern Affairs Act,
(i) an incorporated community, and
(ii) in northern Manitoba anywhere other than in an incorporated community, the minister responsible for the administration of The Northern Affairs Act.
The Retail Businesses Holiday Closing Act
Clause (d) of the definition "municipality" in section 1 of The Retail Businesses Holiday Closing Act is amended by striking out "exercising the powers, rights and privileges that a municipality has within its boundaries under subsection 5(1) of The Northern Affairs Act".
The Workers Compensation Act
The definition "municipal corporation" in subsection 1(1) of The Workers Compensation Act is replaced with the following:
"municipal corporation" includes a municipality, a local government district and a community established under The Northern Affairs Act; (« corporation municipale »)
PART 13
REPEAL, C.C.S.M. REFERENCE
AND COMING INTO FORCE
The Northern Affairs Act, R.S.M. 1988, c. N100, is repealed.
This Act may be referred to as chapter N100 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on a day to be fixed by proclamation.