The Lieutenant Governor in Council may amend or repeal a provision referred to in subsection (1) that is contained in a formation, dissolution, change of name, amalgamation or annexation regulation without having to comply with the requirements for passing the original regulation. By-law establishing reimbursement of campaign expenses. In addition to performing the duties of a member of a council, the head of council has a duty. The council of a municipality in which a local urban district is situated must not levy in any year, in the district, a tax imposed in the rest of the municipality to provide a service that is already being levied for within the district. A registered candidate shall not lend money raised for the purposes of an election to another person or to any organization. Content of by-laws under clause 232(1)(f), Without limiting the generality of clause 232(1)(f) (property adjacent to highways or municipal roads), a by-law passed under that clause may include provisions respecting signs, survey monuments, landscaping and setbacks, including. Amended: 1999 c38 s39; 2000 c12; 2000 c16; 2000 cU-8; 2001 cM-20.2; 2001 c22 s18; 2001 cN-3.1 s2; 2002 cE-14.2 s124; 2002 cW-4.01 s102; 2003 c5 s4; 2004 cL-3.1 s51; 2004 c33; 2004 c47 s25; 2005 c9 s3; 2005 c21 ss1-4; 2006 c7 s4; 2006 c8; 2006 c40 s13; 2006 cA-18.1 s48; 2007 c20; 2008 c10 s3; 2008 cF-11.01 s40; 2009 c40 s6; 2010 c36; 2011 … A council must designate a place as its municipal office. The auditor must make any further examination and submit any additional report requested by the minister. By-law applying after next general election. 2004, c. 21, s. 60; S.M. A person, other than the minister, who initiates a proposal to form or dissolve a municipality may not initiate another proposal with respect to substantially the same land for a period of one year, (a) from the date a regulation is made in relation to the proposal; or. 2005, c. 27, s. 158; S.M. (b) a designated officer certifies by statutory declaration that the property continues to be in contravention of the municipality's derelict building by-law. Each municipality must ensure that every employee of the municipality who handles or could handle money of the municipality is bonded or otherwise insured for the faithful performance of duties. A person must not be the proponent or applicant of more than one proposal or application concerning the same land at the same time, but a person may make a proposal or application in the alternative for the amalgamation of municipalities or for annexation from a municipality of land that is included in an amalgamation proposal or application. (d) the source or sources of the money to be loaned. The first meeting of an incoming council after a general election must be held within 30 days after the day of the election. A person who contravenes this Division is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000., and in default of payment, to imprisonment for not more than three years. New public hearing when certain items revised, A council may revise its financial plan after the public hearing, but public notice must be given and another public hearing conducted if the revision, (a) increases the estimated amount of a transfer referred to in clause 164(2)(a) or the estimated revenue from a tax referred to in clause 164(2)(c) (operating budget); or. (a) authorize the council of the new municipality to impose an additional tax under Part 10 (Powers of Taxation) on the land to meet obligations under a borrowing made by the old municipality in respect of that land; (b) make any provision necessary to protect any rights that any person has in relation to the land; or. In 2013 and 2014, the Government of Manitoba passed legislation to amalgamate 107 … A fee imposed under this Division is in addition to, and not in lieu of, a business tax imposed under Division 3 of Part 10 or an amusement tax imposed under Division 6 of Part 10. (d) state that if the person does not comply with the directions within a specified time, the municipality will take the action or measure at the expense of the person. 2001, c. 30, s. 5; S.M. What regulations are part of the MGA? The Municipal Board is not required to hold a hearing unless an objection is filed by the date specified in the notice by a person referred to in subclause (1)(b)(i) or at least the number of persons referred to in subclause (1)(b)(ii). A council may adopt an interim operating budget to have effect only until the council adopts the operating budget for the fiscal year. (b) on the day the application was filed with the court, the property complied with the municipality's derelict building by-law. By-law re derelict building orders, second notices and certificates. (a) at least 18 years of age on the day of the election; (e) not subject to any disqualification under this or any other Act. (« contribution »), "financial institution" means a bank, credit union, trust company or other similar institution. (c) comply with the requirements of a regulation made under subsection (7). (g) any information requested of the municipality by the minister is provided within a reasonable time. (« travaux de la municipalité »), Council may set compensation and expenses. Council to obtain approval for anticipated deficiency in utility. (a) transfers from the municipality's accumulated surplus or its reserve funds; (b) revenue from grants and transfers from other governments; (d) revenue from all other sources, including fees or other charges in respect of the operation of any works, improvements, services, facilities and utilities. Within 30 days after the report is submitted to The Municipal Board, any person who believes that the report does not accurately or completely satisfy the requirements of subsection 14(3) or clause 15(b), as the case may be, may file with the Board a response to the report, setting out the areas of the report that the person alleges to be inaccurate or insufficient and particulars of those matters. In dividing a municipality into wards and establishing ward boundaries, or in making a change in the number of wards or ward boundaries, a council, (a) must try to achieve an approximately equal number of residents in each ward; and. A registered candidate, on learning of any contribution accepted by or on behalf of him or her is contrary to this Act, shall immediately return to the contributor. (ii) to dissolve a specified municipality; (c) the name of each municipality and local authority that could be affected by the formation or dissolution of the proposed municipality; (d) a description of a process for consulting about the proposal with, (i) local authorities that could be affected by the formation or dissolution of the municipality, and. Manitoba has 98 RMs, which had a cumulative population of 301,438 as of the 2016 Census. (« candidat inscrit »), The value of a non-monetary contribution is, (a) the fair market value of the goods or services at the time of the donation; or. No contribution, expenses or borrowing until registered. 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 municipality. In deciding whether to recommend a formation or dissolution application, The Municipal Board. Where the Lieutenant Governor in Council believes that a municipality is insolvent or is in imminent danger of insolvency and considers it to be in the best interests of the municipality, its voters and creditors that the municipality be dissolved and its affairs wound up, the Lieutenant Governor in Council may by order. (b) require the council to amend the by-law as directed by the Board. If a petition is not re-filed within 30 days after the day a notice is given under subsection (2), the chief administrative officer must advise the council at the first council meeting following the expiration of the 30 days that the petition was filed and the notice given. (c) is required under The Municipal Council Conflict of Interest Act to withdraw from the hearing. This section does not apply to a proposal to form a municipality made by the council of the municipality in which all the land to be included in the proposed municipality is located. (b) where the petition is not sufficient and is re-filed, within 30 days after the day the petition is re-filed. A youth member must be less than 18 years of age or enrolled as a full-time student in a school. December 15, 2020 - Province Ready to Launch Historic Immunization Campaign to Protect Manitobans from COVID-19; December 15, 2020 - COVID-19 Bulletin #286; December 15, 2020 - COVID-19 Enforcement Update; December 15, 2020 - Manitoba Government Enhancing Access to Naloxone; December 15, 2020 - Province Issues 2020 Fall Conditions Report If, on the day this Act comes into force, the councillors of a municipality are elected on the basis of wards, the council must pass a by-law under this section to continue elections on the basis of wards. 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 head of council, a council committee, the chief administrative officer or a designated officer, unless the by-law or Act otherwise provides. A payment on a loan made to a registered candidate that is not made from a campaign account of the candidate is a contribution to the candidate made by the person or organization that made the payment. A member of a council who is disqualified under this section is eligible to be elected at the next general election in the municipality if the person is then otherwise eligible for nomination under section 90. Except as the council may otherwise decide, the chief administrative officer must carry out, with necessary modifications, the duties referred to under in subsection (2) in respect of council committees. A council committee, other than the committee of a local urban district, may be composed, (b) of a combination of members and other persons; or. Our members include 15 bilingual municipalities of all sizes, from Manitoba’s capital, to rural communities, throughout the province. 2000, c. 35, s. 59; S.M. (ii) an estimate of the total cost of the capital project. (c) for carrying out the powers, duties and functions expressly given to the council under this or any other Act. The Lieutenant Governor in Council may make a regulation forming a local urban district. (b) to provide services, facilities or other things that, in the opinion of the council of the municipality, are necessary or desirable for all or a part of the municipality; and. S.M. If a council passes a by-law under subsection (1), the candidate must include the name and address of the candidate's auditor in the candidate's application to be registered under section 93.3. Before issuing an official donation receipt, the qualified donee must determine whether it has received a gift for the purposes of the Income Tax Act and the eligible amount of the gift. (ii) if a designated officer were refused entry, delaying the inspection to obtain a warrant on the basis of the refusal could be detrimental to the inspection, remedy, enforcement or action. A chief administrative officer may delegate to a designated officer or other employee of the municipality a power, duty or function given to the chief administrative officer under a by-law or this or any other Act, unless the by-law or Act prohibits the delegation. Limit applies to contributions of candidate. 2013, c. 54, s. 50; S.M. If a person acquires an interest in a derelict property on or after the date on which a preliminary derelict building order or a second notice is registered, the property does not cease to be a derelict property because the person acquiring the interest has not been convicted of contravening the municipality's derelict building by-law. Municipality to pay auditor's fees and expenses. In subsection (1), the terms "condominium conversion", "declaration" and "rental unit" have the same meaning as in The Condominium Act. (ii) fill in the excavation or hole and level the site; (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. 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 municipality in the fiscal year or a previous year. Notwithstanding the coming into force of this Act, The Municipal Assessment Act, R.S.M. 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) 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 hearing; (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 hearing for improper conduct; and. (b) support, speak or write on behalf of a candidate or a political party in an election, if in doing so the employee does not reveal any information or matter concerning the municipality or affiliated body by which the employee is employed, or any information that the employee procures or that comes to the employee's knowledge solely because of the employment. The Lieutenant Governor in Council may make regulations establishing financial reporting requirements for a municipality in respect of its operating budget, capital budget, estimate of operating revenue and expenditures and five-year capital expenditure program. Manitoba's enhanced municipal code of conduct legislation took effect on November 1, 2020, coming into force with the amendments to The Municipal Act and the new Council Members' Codes of Conduct Regulation. (b) the property continues to be in contravention of the by-law. S.M. The Lieutenant Governor in Council may by regulation amalgamate municipalities to form a new municipality. Consultations and report when no negotiations, A municipality that initiates a proposal for the formation of a municipality from land all of which is located in the proponent municipality must without delay. A person who has a claim against a registered candidate in an election for payment in relation to the election must submit the claim in writing to the candidate within 30 days after the election day in the election. A council may by by-law establish a program that entitles a candidate to reimbursement of a portion of his or her campaign expenses. Compensation and expenses of committee members. The resignation of a member must be in writing and given to the chief administrative officer. (h) breaches the requirement of confidentiality under clause 83(1)(d). (a) the designated officer has given a written order under section 242; (b) the order contains a statement referred to in clause 242(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. A registered candidate may make a contribution, (a) to his or her own election campaign; or. 2015, c. 5, s. 123. Boundary alteration referred to Municipal Board, When the Lieutenant Governor is of the opinion that it may be advisable to alter the area or boundaries of the city, (a) by forming a rural municipality from land within the city; or. (b) from the date the last notice under section 43 is given. A council must give public notice and hold a public hearing in respect of a proposed derelict building by-law. Notwithstanding the coming into force of this Act, The Municipal Assessment Act, R.S.M. The Manitoba Act received royal assent and became law on 12 May 1870. 1998, c. 33, s. 8; S.M. The LVFH Act also gave municipalities (a) direct that all or part of the land in the dissolved municipality becomes part of another municipality; and. S.M. The term of office of a member of a council elected at a general election starts at 12 noon on the day following the election and ends at 12 noon on the day following the next general election. If on a review The Municipal Board is not satisfied that the by-law is appropriate, the Board may, (a) refer the by-law back to the council for further consideration; or. Despite subsection (1), an individual who is normally resident in the boundary area defined in The Flin Flon Extension of Boundaries Act, S.M. The council must give public notice before giving first reading to a borrowing by-law that authorizes the municipality to. The senior election official may determine the form in which the list is given. Public hearing necessary for some expenditures. Each member of the council must attend the public hearing unless the member. (« règlement d'emprunt »), Council may borrow for operating expenses. Clause (2)(a) does not apply to a chief administrative officer in respect of the municipality by which the officer is employed. Extent of regulation-making under subsection (1). A designated officer may issue a second notice of the preliminary derelict building order if a property continues to remain a derelict property for more than 30 days after the day on which the preliminary derelict building order was served on all the persons required to be served under clause 247.3(2)(b). (b) the expenditure's sources of funding and the portion of its cost that will be paid by each source. Despite section 102, if the number of members of a council is fewer than is required for a quorum or if a council resigns, the Lieutenant Governor in Council may appoint an administrator for the municipality, in which case the provisions of Division 6 (Municipalities in Financial Difficulties) of Part 6 relating to administrators apply with necessary modifications. If a structure is being removed or demolished by a municipality under this section, the municipality may use reasonable force to remove occupants. The petition must have attached to it a signed statement of the individual named as the representative of the petitioners under clause 12(e) that he or she is so named and that any inquiry or notice respecting the petition may be directed to the individual at an address that is set out in the statement. (b) make a copy of the response available for inspection and copying by any person who requests it. Within the first six months after a member is elected or re-elected, (a) a municipality must arrange for training to be provided to the member on the code of conduct for members of council; and. Despite sections 243, 245 and 246, in an emergency a municipality may take whatever actions or measures are necessary to eliminate the emergency. (b) the amount and term of the borrowing does not exceed the unpaid principal and the longest remaining term of the existing borrowing. (a) to the formation of a municipality by amalgamation; or. A council may appoint a person with the title "youth member" to sit with the council and to participate in its deliberations, for a term and on conditions that the council may decide. (b) varies or does not give effect to one or more of the other terms, conditions or things in the report. A person who is declared to be disqualified under section 95 remains disqualified until the appeal is finally determined. Change in ownership does not affect process. The amendments and regulations came as a result of advocacy by the Association of Manitoba Municipalities, seeking more comprehensive and effective processes to … A vote directed by the Lieutenant Governor in Council must be held in accordance with The Municipal Councils and School Boards Elections Act as modified by the directions given by the Lieutenant Governor in Council. (b) will comply with any other criteria established by by-law. Be provided on payment of expenses ) applies only in respect of a council inform. 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