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This is an unofficial archived version of The Municipal Act

as enacted by SM 1988-89, c. 1 on October 19, 1988.

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R.S.M. 1988, c. M225

The Municipal Act

Table of contents

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions.

In this Act,

"assessment" means the valuation as provided herein, of land or of the rental value of premises in which a business is carried on; ("évaluation")

"assessor" means,

(

a) the Provincial Municipal Assessor appointed under The Municipal Assessment Act; or

(

b) in the case of a municipality that appoints an assessor under that Act, the assessor appointed under that Act, or

(

c) in the case of The City of Winnipeg the assessor appointed under The City of Winnipeg Act; ("évaluateur")

"bank" includes a credit union; ("banque")

"board" or "Municipal Board" means The Municipal Board established under The Municipal Board Act; ("Commission" ou "Commission municipale")

"boulevard" means that portion of a highway, on either side or in the centre thereof, that is adjacent to the travelled portion thereof and is levelled and maintained, for the purpose of improving the appearance of the highway,

(

a) by the planting thereon of grass, flowers, trees, or shrubs, or all or any of those things; or

(

b) by paving or otherwise surfacing it as provided in subsection 239(2); or

(

c) by treating part thereof as stated in clause (a), and part thereof as stated in clause (b);

and by regularly cutting the grass thereon, if any, and trimming, pruning, or otherwise caring for the trees, shrubs, and flowers; ("terre-plein")

"business" means any trade, occupation, profession, calling, venture, or means of livelihood carried on, conducted, or practised with a view to profit or gain; ("affaires")

"business assessment" means a business assessment made under The Municipal Assessment Act; ("évaluation commerciale")

"business tax" means a tax levied under Division II of

Part XV; ("taxe d'affaires")

"candidate" means a person

(

a) who is nominated, under The Local Authorities Election Act, as a candidate seeking election as mayor or reeve or other member of the council of a municipality; or

(

b) who, at any time within a period of one month before the date of the election at which he seeks to be so elected, has publicly declared, or has permitted others to declare on his behalf, that he intends to seek election as mentioned in clause (a); ("candidat")

"charter" means the special Act incorporating a city; ("charte")

"clerk" includes

(

a) the clerk, secretary-treasurer, or acting secretary-treasurer of a municipality;

(

b) the administrator of a municipality that is under administration; and

(

c) the receiver of a municipality that is disorganized; ("greffier")

"corporation" includes a person and the heirs, executors, administrators, and other legal representatives of a person; ("corporation")

"Crown" includes both Her Majesty in right of Manitoba and Her Majesty in right of Canada; ("Couronne")

"Crown agency" means

(

a) any board, commission, association, or other body, whether incorporated or unincorporated, all the members of which, or all the members of the board of management or board of directors of which,

(

i) are appointed by

an Act of the Legislature or by order of the Lieutenant Governor in Council; or

(ii) if not so appointed, in the discharge of their duties are public officers or servants of the Crown, or for the proper discharge of their duties are, directly or indirectly, responsible to the Crown; or

(

b) any corporation the election of the board of directors of which is controlled by the Crown, directly or indirectly, through ownership of shares of the capital stock thereof by the Crown or by a board, commission, association or other body to which clause (

a) applies; ("organisme gouvernemental")

"director" means Director of Municipal Budgets and Finance appointed under subsection 602(1); ("directeur")

"election" means an election of the council of a municipality, and, where the context so requires, includes a vote taken with respect to a by-law under

Part IV of The Local Authorities Election Act; ("élection")

"election officer" means a returning officer, deputy returning officer, or poll clerk, and, in the case of an election under

Part II of The Local Authorities Election Act, includes a supervisor and a sorter; ("membre du personnel électoral")

"elector" means a person entitled to vote at an election of members of a municipal council; ("électeur")

"highway" means any place or way, including any structure forming part thereof, which or any part of which the public is ordinarily entitled or permitted to use for the passage of vehicles or pedestrians, with or without fee or charge therefor, and includes all the space between the boundary lines thereof whether or not used for vehicular or pedestrian traffic; and, without restricting the generality of the foregoing, includes roads, road allowances, streets, lanes, thoroughfares, and other means of communication dedicated to the public use as highways, or opened or made as highways under this Act or any other Act, and any part of a highway as so defined, and also includes all bridges, subways, underpasses, grade separations, piers, wharves, ferries, and squares, and the road improvements thereon, dedicated to the public use; but does not include any area designed or intended, and primarily used, for the parking of vehicles and the necessary passageways thereon; ("route")

"householder" means the person who occupies as owner or tenant a dwelling or apartment house, or part of dwelling or apartment house separately occupied as a dwelling; ("occupant")

"justice" or "justice of the peace" means a justice appointed under The Provincial Court Act, and includes a magistrate; ("juge de paix")

"land" includes land, messuages, tenements, and hereditaments, corporeal or incorporeal, of every kind and description, whatever the estate or interest therein, whether legal or equitable; and also includes a unit specified in a plan to which The Condominium Act applies; ("bien-fonds")

"latest revised assessment roll" means, at any time, that assessment roll that is, at that time, the latest that, under The Municipal Assessment Act is held to be finally revised; ("dernier rôle d'évaluation révisé")

"list of electors" means a list of electors prepared under The Local Authorities Election Act; ("liste électorale")

"magistrate" means a magistrate appointed under The Provincial Court Act; ("magistrat")

"member" when referring to a member of a council, includes the head of the council; ("membre")

"minister" means the member of the Executive Council who is charged by the Lieutenant Governor in Council with the administration of this Act; ("ministre")

"municipality" means, subject to

section 3,

(

a) a corporation comprising the inhabitants of an area in the province who are incorporated and continued under the authority of this Act or of another Act of the Legislature; or

(

b) the area the inhabitants of which are incorporated as stated in clause (a);

but does not include a local government district; ("municipalité" )

"officer" means a person to whom

section 133 applies; ("dirigeant")

"owner" means, a person who is an owner of a freehold estate in land in a municipality; and includes a person who is the owner of such an estate jointly with another person, and a person who is registered under The Condominium Act as the owner, as defined in that Act, of a unit under that Act; ("propriétaire")

"polling subdivision" includes, where the context requires, a ward of a municipality; ("section de vote" )

"prescribed" means prescribed in

Schedule A or, if not prescribed in

Schedule A, as otherwise prescribed in the regulations or elsewhere in this Act; ("prescrit")

"rate" when used with reference to a rate of taxation means

(

a) a percentage of the assessed value of property, or a specified number of mills for each dollar of the assessed value of property, or a percentage of the business rental value of premises; or

(

b) a specified amount in dollars or cents, or both, in respect of

(

i) each foot of frontage or flankage of designated subdivided lands; or

(ii) each acre or other unit of area of designated unsubdivided land; ("taux")

"real estate" has the same meaning as "land"; ("immeuble")

"real owner" means a person who is a purchaser of land and whose name has been directed by a board of revision, or the board, to be entered on the assessment roll and tax roll as the real owner of the land; ("propriétaire véritable")

"real property" has the same meaning as "land"; ("bien réel")

"registered owner" means a person

(

a) who is the registered owner of land that is subject to The Real Property Act, as that expression is defined in that Act; or

(

b) who is the owner of a freehold estate in land that is not subject to The Real Property Act and who is the grantee named in a valid conveyance of the land that is registered under The Registry Act; or

(

c) who is registered under The Condominium Act as the owner, as defined in that Act, of a unit under that Act; ("propriétaire inscrit")

"regular election" means an election held in a municipality under

section 51; ("élection générale")

"running at large" means, as applied to an animal, that it is not under the direct and continuous charge and effective control of a person competent to control it; ("errant")

"rural polling subdivision" includes any ward or other polling subdivision or part thereof not an urban one; ("section de vote rurale")

"treasurer" means the treasurer, secretarytreasurer, acting treasurer, acting secretarytreasurer, or collector of taxes, and includes the administrator of a municipality that is under administration, and the receiver of a municipality that is disorganized; ("trésorier")

"university" means the University of Manitoba and any other university established under The Universities Establishment Act; ("université")

"urban polling subdivision" means the whole, or such part, of a ward or other polling subdivision that is situated within the area comprising any incorporated city; ("section de vote urbaine")

"vehicle" means a device in, upon, or by which a person or thing is, or is capable of being, transported or drawn upon a highway, except a device designed to be moved by human power or used exclusively upon stationary rails or tracks, and includes an implement of husbandry that is not a motor vehicle within the meaning of The Highway Traffic Act. ("véhicule")

References to forms or population.

2(1)

In this Act, unless otherwise expressly stated,

(

a) any reference to a form means a form prescribed; and

(

b) any reference to the population of a municipality or any other area, means the population thereof as shown by the latest census taken under the Statistics Act (Canada), the returns for which are available.

Publishing.

2(2)

Where in this Act there is a reference to publishing in a municipality any notice, advertisement, or other document it means, unless the context otherwise requires, publishing it in a newspaper having a general circulation in the municipality.

Posting.

2(3)

Where in this Act there is a reference to posting up in a municipality any notice, advertisement, or other document, it means, unless the context otherwise requires, posting it up

(

a) in the offices of the municipality ; and

(

b) in such a number of other conspicuous places in the municipality, not less than four, as the person required to do the posting, or cause it to be done, in his absolute discretion, deems reasonable.

Meaning of "ratepayer".

2(4)

Any reference in this Act to a ratepayer, or to a person who is qualified as a ratepayer, means any person who is entitled under The Local Authorities Election Act to vote at elections for members of the council of the municipality.

APPLICATION

Application of Act.

3(1)

Subject to subsection (2), this Act applies to every municipality in the province, including every city, town, and village heretofore or hereafter incorporated, whether by Act of the Legislature or otherwise, except

(

a) where any provision herein is expressly made inapplicable to any municipality by naming it; and

(

b) where any provision herein is expressly or impliedly made inapplicable to a municipality by another Act of the Legislature specially relating to that municipality.

Winnipeg excepted.

3(2)

Except in any case where it is expressly made applicable, this Act does not apply to The City of Winnipeg.

PART I

ORGANIZATION OF MUNICIPAL CORPORATIONS

DIVISION I

CREATION AND ORGANIZATION

Subdivision I

GENERAL

Corporations continued.

4(1)

Every municipality created or continued under this Act or any other Act of the Legislature is a body corporate.

Date of establishment.

4(2)

Where, under this Act or any other Act of the Legislature, a new municipality is incorporated, notwithstanding any provision of any such other Act or any other provision of this Act, the incorporation takes effect on

(

a) the day, which shall not be a day before the date on which the letters patent are issued, on which the letters patent incorporating the municipality provide that the incorporation takes effect; or

(

b) the day on which the other Act incorporating the municipality comes into force.

Powers of municipalities generally.

4(3)

Every municipality, including The City of Winnipeg, created or continued as mentioned in subsection (1) has, subject to subsection (8), all the rights, and is subject to all the liabilities, of a corporation and, without restricting the generality of the foregoing,

(

a) it may acquire in any manner, and hold and alienate, both real and personal property for the purposes for which the municipality is constituted;

(

b) by its name, it and its successors have perpetual succession;

(

c) it may sue and be sued, implead and be impleaded, answer and be answered unto, in all courts and in all actions, causes, proceedings, and suits whatsoever;

(

d) it shall have a common seal and may alter or change its seal at its pleasure;

(

e) it may contract and be contracted with in its corporate name, and may become a party to any contract or agreement in the management of its business;

(

f) it may enter into any contract or agreement with any person for the purpose of the development of land and the provision of municipal services;

(

g) it may, subject to subsection (6), enter into an agreement with any other municipality or with any other person or with both a municipality and a person, for the doing jointly with that municipality or person of any act or thing that it has power to do within the municipality;

(

h) it may enter into an agreement with

(

i) the government or any agency of the government; or

(

i) it may enter into an agreement with any school district, school division, or school area for the joint construction, ownership, operation, use, and maintenance of any public work or building.

Successor to L.G.D.

4(4)

Where a municipality includes land that was previously within a Local Government District, the municipality succeeds to all rights and benefits granted to and assumes all obligations undertaken by the Local Government District under any agreement lawfully made by the Local Government District as though the municipality had authority to and did enter into the agreement on its own behalf.

Agreements made by government.

4(5)

Where, at a time when land is not within a Local Government District or municipality, the government enters into an agreement under which the land and property associated therewith are exempt from assessment and taxation for municipal purposes or the assessment of the land and property associated therewith, for municipal purposes, is fixed or otherwise defined or limited, if the land is subsequently included in a municipality, the municipality is bound by provisions of the agreement in so far as it relates to the assessment and taxation of the land and associated property as though it had authority to and did enter into the agreement on its own behalf.

Sharing of costs.

4(6)

The costs entailed as the result of an agreement made under clause (3)(f), (g), (h), or (

i) may be shared by, and divided between, the parties to the agreement in such proportions as they deem just and reasonable and as is set out in the agreement.

Validation of agreements previously made.

4(7)

Every municipality shall be deemed always to have had the powers granted under subsection (3).

Limitation on capacity.

4(8)

No municipality has the capacity to enter into any contract or agreement or use its funds in a manner not authorized by its letters patent or by this Act or another Act of the Legislature.

Use of equipment for private works.

5(1)

The council of a municipality, including The City of Winnipeg, may authorize the use of municipal equipment, materials and labour to carry out private works on private property located within the boundaries of the municipality, or to carry out private works in another municipality on behalf of or at the request of another municipality, government or government agency.

Agreements respecting private works.

5(2)

Where, under subsection (1), the council of a municipality authorizes the use of municipal equipment, materials and labour to carry out private works, the council

(

a) shall specify the rates or charges, or the method of fixing the rates or charges to be charged for the private work: and

(

b) may, before undertaking the private works, require the person requesting the private works to enter into an agreement with the municipality respecting the private works.

Accounts may be added to taxes.

5(3)

Where municipal equipment, materials or labour are used to carry out private works on private property located within the municipality, and any account payable in respect thereof is not paid within 30 days of the presentation of the account, the municipality may charge interest at a rate established by by-law on any balance unpaid and if the account together with interest thereon is not paid within 90 days of the presentation of the account, the amount of the account and interest thereon may be added to the taxes payable in respect of that property.

Meaning of "private works".

5(4)

In this

section "private works" includes the construction, alteration, repair or clearing of snow from or of sidewalks, driveways, curbs, gutters, approaches, sewers, drains or private works but does not include the construction, alteration or repair of a residence, building or garage.

Boundaries of municipalities.

Each municipality has the boundaries and area established for it on the coming into force of this Act or as they may be altered thereafter under this Act or any other Act of the Legislature.

Indian Reserves excluded.

Notwithstanding The Municipal Boundaries Act or any other Act of the Legislature or any letters patent issued under

an Act of the Legislature, land within an Indian Reserve is not part of the area of any municipality or a Local Government District and persons residing within an Indian Reserve are not residents of any municipality or Local Government District and any description of the boundaries of a municipality or Local Government District or the area within a municipality or local Government District shall be conclusively deemed to provide that land within an Indian Reserve is excluded from the municipality or Local Government District.

Members continued.

Subject to this Act, the members of the council and the officers, by-laws, contracts, agreements, property, assets, and liabilities of each municipality when this Act comes into force shall be deemed to be the members of the council and the officers, by-laws, contracts, agreements, property, assets and liabilities of the municipality as continued under this Act.

Corporate names.

Notwithstanding any other Act of the Legislature, the name of any city, town, village, or rural municipality, continued or created under this Act or any other Act of the Legislature shall be "The City, Town, Village, or Rural Municipality of (naming it)".

Subdivision II

NEW CORPORATIONS

Referendum incorp of village.

10(1)

Where any locality

(

a) has a population of more than 750 inhabitants;

(

b) has a municipal taxable assessment of not less than $750,000. ; and

(

c) contains residences of the inhabitants that, in the opinion of the minister certified by him in writing, are sufficiently close together to form a village;

upon the petition of not fewer than 100 electors of the locality, the council or councils of the municipality or municipalities in which the locality is situated shall, subject to

section 11, submit to the electors of the locality, by way of a referendum, the question as to whether the inhabitants of the locality should be incorporated as a village.

Referendum incorp of town.

10(2)

Where any locality

(

a) has a population of more than 1, 500 inhabitants;

(

b) has a municipal taxable assessment of not less than $1,500, 000.; and

(

c) contains residences of the inhabitants that, in the opinion of the minister certified by him in writing, are sufficiently close together to form a town;

upon the petition of not fewer than 100 electors of the locality, the council or councils of the municipality or municipalities in which the locality is situated shall, subject to

section 11, submit to the electors of the locality, by way of a referendum, the question as to whether the inhabitants of the locality should be incorporated as a town.

Unorganized territory.

10(3)

Where a locality in unorganized territory meets

(

a) the requirements set out in clauses (1)(a), (

b) and (c); or

(

b) the requirements set out in clauses (2)(a), (

b) and (c);

the minister, on receipt of a petition of not fewer than 100 householders of the locality requesting him to do so, may, subject to

section 11, cause to be submitted, by way of a referendum as provided in

section 12, the question as to whether the inhabitants of the locality should be incorporated as a village or a town.

Form and contents of petition.

11(1)

A petition to which reference is made in

section 10, and the signatures thereto, shall

(

a) be verified by the statutory declaration of a person having knowledge of the facts;

(

b) state the name, limits, and area of the locality that it is proposed should be incorporated as a village, or town; and

(

c) be filed, before June in the year in which it is filed, with the clerk of each of the municipalities in which the locality is situated, or with the minister in the case of a locality in unorganized territory.

Notice of petition.

11(2)

The clerk of each of the municipalities or the minister shall give notice of the intention to submit to a referendum the question as to whether the inhabitants of the locality should be incorporated as a village or town, as the case may be; and the notice shall be as set out in Form 1, and shall be given

(

a) by publishing a copy thereof in one issue of The Manitoba Gazette;

(

b) by publishing a copy thereof, at least once a week for three successive weeks, in a newspaper; and

(

c) by posting up copies thereof.

Time of publication and posting.

11(3)

The publication in The Manitoba Gazette, and the first of the publications in a newspaper, required under clause (2)(

b) shall be made, and the posting required under clause (2)(

c) shall be done, not later than six weeks after receipt of the petition mentioned in subsection (1), by the clerk or the minister.

Limitation on taking of referendum.

11(4)

A referendum submitted under

section 10 shall not be taken sooner than one week, or later than six weeks after the last of the publications mentioned in clause (2)(b).

Minister to arrange for taking of referendum.

Where the minister receives a petition under subsection 10(3), if he decides that a referendum should be held, he shall

(

a) appoint or cause to be appointed the election officers necessary for the taking of the vote;

(

b) fix a date and time when, and the place where, the referendum shall be held;

(

c) cause to be prepared and revised a list of all persons in the locality who, if it were a municipality, would be entitled to be electors thereof;

(

d) do, or cause to be done, all such other things as are necessary to enable the vote to be taken in the manner, in so far as practicable, in which a vote would be taken on a referendum submitted in a municipality;

(

e) cause to be submitted to a vote of the persons on the list to which clause (

c) applies by way of a referendum, the question as to whether the inhabitants of the locality should be incorporated as a village, in a case to which clause 10(3)(

a) applies, or as a town, in a case to which clause 10(3)(

b) applies; and

(

f) cause the returning officer to report to him the result of the vote forthwith on the completion of the taking thereof.

Forwarding of statements.

13(1)

Where a majority of the electors of a locality that is situated in one or more municipalities who actually vote on a referendum submitted under

section 10 vote in favour of the incorporation of a village or town, as the case may be, the clerk of the municipality, or the clerk of each of the municipalities, if more than one, shall forthwith forward to the minister

(

a) the petition to which reference is made in

section 10;

(

b) the statutory declaration to which reference is made in subsection 11(1);

(

c) proof of the publication and posting required under subsection 11(2);

(

d) a statement showing the result of the referendum;

(

e) a statement showing the population and area of the locality that was the subject of the referendum; and

(

f) a statement showing the municipal taxable assessment of that locality;

and the facts required to be set out in clauses (c), (d), (e), and (

f) shall be verified by statutory declaration.

Where more than one municipality.

13(2)

Where a locality to which reference is made in

section 10 is situated in more than one municipality, the council of each of those municipalities shall comply with subsection (1) if a majority of all the electors who actually vote on the referendum vote in favour of incorporation of the village or town notwithstanding that, in any municipality, less than a majority of the electors in that part of the locality that is situated therein vote in favour thereof.

Action by minister.

13(3)

The minister, upon receipt of the material forwarded by the clerk pursuant to subsection (1) or the report of the returning officer required under clause (1)(

f) may

(

a) refer the material or the report to The Municipal Board for its recommendations and may request the board to make special recommendations on matters that he deems relevant to the proposed incorporation; or

(

b) present the material or report to the Lieutenant Governor in Council and make such recommendations with respect thereto as he deems advisable.

Issue of letters patent.

13(4)

The Minister of Consumer and Corporate Affairs, if so directed by order of the Lieutenant Governor in Council, shall forthwith, by letters patent, incorporate as a village or town the inhabitants of the locality described in the order of the Lieutenant Governor in Council.

Details.

13(5)

The letters patent incorporating a village or town, shall

(

a) specify the name, limits, and area of the village or town;

(

b) designate the first enumerator, the first revising officer, and the first returning officer;

(

c) specify the date by which the preparation and revision of the first list of electors shall be completed;

(

d) specify the date and time when, and the place where, nominations of candidates for mayor and councillors of the municipality shall be made;

(

e) designate the person to act as clerk of the municipality until the council appoints a clerk;

(

f) specify the date and time when, and the place where, elections shall be held for the members of the first council;

(

g) fix the term of office of the members of the first council

(

h) specify the date and place of meeting of the first council; and

(

i) make such other provisions as are necessary for the establishment of the village or town under this Act.

Notice of incorporation.

13(6)

Forthwith after the issue of letters patent incorporating a village or town the Minister of Consumer and Corporate Affairs shall cause a copy thereof to be published in one issue of The Manitoba Gazette.

Application by L.G.D.

14(1)

The advisory committee of a local government district may apply to the minister for the incorporation of a local government district, or a portion of it, as a village, town or rural municipality.

Action by minister.

14(2)

Where the minister receives an application under subsection (1) he may

(

a) refer the application to the Municipal Board for its recommendations and may request the board to make special recommendations on matters that he deems relevant to the proposed incorporation; or

(

b) present the application and any related material to the Lieutenant Governor in Council and make such recommendations with respect thereto as he deems advisable.

Recommendation where no application made.

14(3)

Notwithstanding that he has not received under subsection (1) an application from the advisory committee of a Local Government District, the minister may recommend to the Lieutenant Governor in Council that the Local Government District or a portion of it be incorporated as a village, town or rural municipality.

Referendum.

14(4)

Before making a recommendation under this

section to the Lieutenant Governor in Council, the minister may cause to be submitted to the electors of the local government district, or the part thereof affected by the recommendation, by way of referendum the question as to whether the inhabitants of the local government district, or the part thereof, should be incorporated as a village, town or rural municipality, as the case may be, and in that event,

section 11 and 12 apply with such modifications as the circumstances require.

Application of secs. 12 and 14.

14(5)

Subsections 12(4) to (6) apply with such modifications as the circumstances require to the incorporation of a village, town or rural municipality under this section, and

section 14 applies with such modifications as the circumstances require to the incorporation of a village or town under this section.

Population of village.

15(1)

The population of a village shall consist of not less than 750 persons.

Population of town.

15(2)

The population of a town shall consist of not less than 1500 persons.

Effect of section.

15(3)

This

section does not have the effect of altering the boundaries, or of cancelling or suspending the charter of any village or town which, at the time of incorporation, consisted of a population required under subsection (1) or (2).

Saving.

Where by inadvertence, clerical error, omission, or other cause, an irregularity has occurred in the petition to which reference is made in

section 10, if the Lieutenant Governor in Council is satisfied that no person is, or will likely be, injuriously affected by the irregularity, he may make an order, and the Minister of Consumer and Corporate Affairs may act thereon as provided in subsection 13(4).

Incorporation of cities.

The inhabitants of any area, whether comprising the whole or part of a rural municipality, town, or village, if they consist of not less than 10,000 persons, may be incorporated as a city by special Act of the Legislature; and no city shall be incorporated in any other manner.

Subdivision III

COUNCIL, OFFICERS, BY-LAWS, BONDS

New municipality.

18(1)

Where a municipality is newly incorporated

(

a) until the council for the new municipality is organized, the council and the members thereof having authority in the area included in the new municipality immediately before the incorporation, continue to have the same powers as before;

(

b) the officers and employees having authority, duties, or responsibilities in the area included in the new municipality immediately before the incorporation continue in their respective offices until they are discharged, retire, or resign, or the period for which they were employed terminates, with the same authority, duties, responsibilities, powers, and liabilities in respect of the new municipality as they had before in respect of the area so included.

By-laws remain in force.

18(2)

Where a municipality is newly incorporated, the by-laws in force in the area included in the new municipality immediately before the incorporation thereof continue in force in the new municipality until repealed or altered by the council of the new municipality.

Repeal or amendment of former by-laws.

18(3)

No by-law shall be repealed or altered as provided in subsection (1) unless it could have been lawfully repealed or altered by the council of the municipality by which it was enacted; and any such repeal or alteration is subject to such conditions, if any, as were binding on that council.

Former bonds to remain in force.

18(4)

All sureties for the performance of the duties of the officials of the various municipalities incorporated or reconstituted under this Division or Division II of this Part are bound, and all bonds therefor remain binding and effective, after those changes.

DIVISION II

ALTERATION OF STATUS, BOUNDARIES, OR AREA

Change in status or area.

Notwithstanding The Municipal Boundaries Act, or any other Act of the Legislature, the municipal status, area or boundaries, or any two or more of those things, of any town, village or rural municipality, or the boundaries of a city may be altered as provided in this division; but the provisions of any Act of the Legislature incorporating the city, town, village or rural municipality, or describing its area or boundaries, except as altered under this division or by or under any other Act of the Legislature continue in full force and effect.

Petitions for alterations, etc.

20(1)

A majority of the electors of a town, village or rural municipality, or the council of a city, town, village or rural municipality, may petition the minister that

(

a) the village, town or rural municipality be disorganized and the area thereof annexed to an adjoining municipality; or

(

b) the village be reconstituted as a town; or

(

c) the town be reconstituted as a village; or

(

d) territory be detached from an adjoining municipality and annexed to the next city, town, village or rural municipality; or

(

e) territory be detached from the city, town, village or rural municipality an annexed to an adjoining municipality; or

(

f) unorganized territory adjacent to the municipality be annexed to the municipality.

Petition from electors.

20(2)

Where electors petition the minister under subsection (1), the petition shall be accompanied by a statutory declaration of a person having knowledge of the facts verifying that the persons signing the petition are electors and constitute a majority of the electors of the town, village or rural municipality, as the case may be.

Action by minister.

20(3)

Where the minister receives a petition under subsection (1) and, if the petition is from electors, it is accompanied by a statutory declaration as required under subsection (2), he shall refer the petition to The Municipal Board for its recommendations in respect of the petition and may request the board to make special recommendations on matters that he deems relevant to the proposed alteration in status, area or boundaries.

Application to City of Winnipeg.

20(4)

In this

section and in

section 19 "city" includes The City of Winnipeg.

Consideration of all aspects of request.

21(1)

Where the minister receives a request under sections 13, 14 or 20, he may direct the Municipal Board to consider and report on any other matters which he, in his absolute discretion, deems to be

(

a) affected directly or indirectly by the request;

(

b) relevant to considering all aspects of the request; or

(

c) desirable to be determined at the same time as determining whether to grant the request.

Powers of board on referral.

21(2)

Where the minister refers a request to the board under sections 13, 14 or 20 the board may make such inquiries, hold such hearings, direct such studies and seek such advice as the board, in its discretion, deems advisable for the purpose of making recommendations in respect of the request and in respect of the other matters referred under subsection (1).

Recommendation of board.

21(3)

Where a request has been referred to the board under sections 13, 14 or 20 the board shall recommend that the request be granted in whole or in part or that the request be refused or that the matter be dealt with by way of presentation of a Bill in the Legislature and shall make such further and other recommendations as it deems appropriate in the circumstances including, without limiting the generality of the foregoing, recommendations as to conditions precedent or antecedent to granting the request in whole or in part and recommendations in respect of matters referred under subsection (1).

Action by minister on recommendations.

22(1)

Upon receiving the recommendation of the board, the minister may

(

a) resubmit the recommendations to the board for its further consideration and recommendations together with further evidence or information which the minister deems relevant; or

(

b) submit the recommendations of the board to the Lieutenant Governor in Council; or

(

c) require any condition precedent or antecedent to granting the prayer of the petition recommended by the board to be met prior to submitting the recommendations of the board to the Lieutenant Governor in Council.

Action by L. G. in C.

22(2)

Upon receiving the recommendations of the board through the minister, the Lieutenant Governor in Council may grant the prayer of the petition in whole or in part and effect shall be given to the petition

(

a) in a case to which clause 20(l)(

a) applies, by proclamation; and

(

b) in a case to which clause 20(1)(b), (c), (d), (

e) or (

f) applies, by letters patent or supplementary letters patent issued by the member of the Executive Council responsible for the administration of The Corporations Act.

Village to town.

23(1)

Where a petition praying that a village be reconstituted as a town has been made, the Lieutenant Governor in Council shall not grant the prayer of the petition unless the village has the population and the municipal taxable assessment required for a town under subsection 10(2).

Town to village.

23(2)

Where a petition praying that a town be reconstituted as a village has been made, the Lieutenant Governor in Council shall not grant the prayer of the petition unless

(

a) the town has the population and the municipal taxable assessment required for a village under subsection 10(1); and

(

b) the town does not have the population and the municipal taxable assessment required for a town under subsection 10(2).

Action by minister on sole discretion.

Notwithstanding that he has not received a request under sections 13, 14 or 20, the minister may, if in his discretion he deems it advisable, refer to the board any of the matters mentioned in those sections and sections 21 and 22 apply with such modifications as the circumstances require to the referral.

By-laws of disorganized municipality.

25(1)

Where

(

a) a municipality is disorganized and the area thereof is transferred to, and included in, one or more other municipalities; or

(

b) an addition is made to the area of a municipality by transferring thereto part of the area of another municipality ;

the by-laws of the enlarged municipality or municipalities extend to the area added thereto, and the by-laws of the disorganized or diminished municipality in force immediately prior to the transfer of the area, or part of the area, thereof, as the case may be, continue in force in the area transferred until repealed or amended by the municipality to which that area is transferred; but no such by-law shall be repealed or amended unless it could have been repealed or amended by the council of the disorganized or diminished municipality.

Exemption by-law.

25(2)

Unless the contrary is therein specified, no Act heretofore or hereafter enacted by the Legislature annexing the whole or part of a municipality or disorganized municipality to another municipality affects any valid by-law, deed, or agreement passed, made or entered into prior to, and subsisting at the time of, the enactment of that Act, by virtue of which it is provided that the diminished municipality is to exempt from payment of taxes any land situated therein.

Force.

25(3)

Any such by-law, deed or agreement is binding upon the increased municipality to the same extent only, and in the same manner, as it was previously binding upon the diminished or disorganized municipality.

DIVISION III

MATTERS CONSEQUENT ON CHANGE OF STATUS, BOUNDARIES OR AREA

Settlement by board.

26(1)

Notwithstanding anything in this Part, where by or under this Act or any other Act of the Legislature, any territory is transferred from one municipality to another, or a municipality is disorganized and its area transferred to one or more other municipalities, or where territory not in any municipality is included in a municipality, or where a new municipality is formed from the territory or part of the territory of one or more municipalities, or a portion of a municipality is disorganized, the board shall make a settlement as to the assets and liabilities, and any such order has effect as if enacted as part of this Act, but may be amended or repealed by a subsequent order of the board.

Approval of agreements.

26(2)

Where, in a case to which subsection (1) applies, the municipalities affected agree as to the apportionment between them of the assets and liabilities, they shall submit their agreement to the board for confirmation.

Discretion of board.

26(3)

In making any order or award under this division, the board shall give consideration to, and in so far as practicable, shall be guided by, the principles set out in sections 27 and 34 but, notwithstanding those sections, it may make any order or award it deems just and reasonable and without restricting the generality of the foregoing

(

a) it may give effect to any agreement made between the municipalities affected; or

(

b) order or make an award to the effect that no assets of the municipalities affected be transferred as a consequence of the change in boundaries or that there be no change in the liabilities of the municipalities affected as a consequence of the change in the boundaries or make an order or award for both of those things.

Order re. tax or relief.

26(4)

It may be part of the order of the board made respecting a municipality to be disorganized that the territory of the disorganized municipality, or part thereof, be, for a time,

(

a) charged with a special tax; or

(

b) relieved of any tax, or part of a tax, imposed upon the rest of the municipality to which the territory of the disorganized municipality or part of it, is to be annexed.

When municipality disorganized.

27(1)

Where a municipality is disorganized and one other municipality, whether newly created or not, receives the whole of the territory of the disorganized municipality, the new or increased municipality is liable to the creditors for the whole of the debts of the disorganized municipality and is entitled to all its assets.

When municipality abolished.

27(2)

Where a municipality is disorganized and its territory is divided between two or more other municipalities, the increased municipalities are entitled to the assets, and are liable to the creditors for the debts of the disorganized municipality in the proportion settled by the board.

Where territory taken.

27(3)

Subject as herein provided, where territory is transferred from one municipality to another, but the municipality first mentioned is not abolished, the diminished municipality remains liable to the creditors for the whole of its indebtedness and is entitled to its assets.

Valuation of assets.

27(4)

A valuation of the assets and liabilities of the diminished municipality shall be made; and if the assets exceed the liabilities, the diminished municipality is liable to the increased municipality for the proportion of the excess of assets belonging to the transferred territory on the basis of assessment; but if the liabilities exceed the assets, the increased municipality is liable to the diminished municipality for the proportion of the excess of liabilities chargeable to the transferred territory on the basis of assessment.

Provisions as to lands sold for taxes.

27(5)

Where any lands, being part of the transferred territory, were sold for taxes before the transfer, and have not been conveyed or redeemed at the time of the transfer, the municipality by which or on behalf of which the lands were sold or, if the order or award of the board so provides, the municipality in which the lands are situated after the transfer, shall make the required returns to the district registrar, and shall receive the redemption money and grant redemption in respect thereof, unless the municipality has been abolished, in which case the returns shall be made and redemptions granted by the municipality receiving the territory that includes the lands.

Provisions as to arrears of taxes.

27(6)

Except as to lands sold for taxes, the arrears of taxes upon lands that are part of any such transferred territory belong to the increased municipality and, for the purpose of collecting the arrears, those taxes shall be treated as if levied by the increased municipality.

Provisions as to money advanced.

27(7)

Where money has been advanced to a municipality under any Act of the Legislature, in the event of a division of the municipality subsequent to the advance of the moneys, the board may, subject to subsection (8), divide and make a settlement of the assets and liabilities of the divided municipalities with respect to those moneys on the same principle and basis as in the case of local improvement debentures or on any other principle or basis, and on such conditions and subject to such restrictions as it deems proper.

Saving.

27(8)

Nothing in subsection (7) or anything done thereunder, impairs, alters, minimizes, or affects the securities issued by any municipality for the repayment of moneys so advanced, notwithstanding that the whole or any portion of the territory comprising any such municipality has been added to, or embraced within the limits or extent of, another municipality or other municipalities, whether newly created or not.

Transfer of municipally owned land.

27(9)

Local improvements.

28(1)

Where a local improvement has been undertaken by a municipality, and after it has become liable for carrying out the improvement, any lands liable to be specially charged therefor become a new municipality or are annexed to another municipality, the diminished municipality may complete the local improvement and may enter upon and acquire land within the new or other municipality, and may pass all by-laws, borrow money, issue and sell debentures, fix the special and other charges to be levied by the new or other municipality under subsection (3), and do all other acts and things necessary for the purpose of the completion as if the lands so liable had not become a new municipality or been annexed to another municipality.

Indemnity.

28(2)

The diminished municipality so undertaking a local improvement shall be indemnified by the new municipality or the municipality to which the lands are annexed, against all debts and liabilities incurred by it in respect of any such work before or after the transfer of the lands to the new or other municipality, to the extent to which the lands lying within the new or other municipality are specially charged; and in adjusting the assets and liabilities consequent on the detachment of the lands, the debts incurred by the diminished municipality, for its share of the cost thereof, shall be taken into account.

Assumption of debt.

28(3)

Where the lands specially charged for any local improvement or service are wholly within the new or other municipality, it is liable for the entire debt in respect of the work or service; and the clerk of the diminished municipality shall furnish the clerk of the new or other municipality with certified copies of all the by-laws relating to the work or service, and the special and other charges to be imposed by those by-laws as provided in subsection (1) shall be collected by the new or other municipality, and that municipality shall pay the principal and interest of the debentures issued in respect of the work or service as they become due and shall indemnify the diminished municipality against them.

Collection of special rates.

28(4)

Where part only of the land specially charged lies within the new or other municipality, the clerk of the diminished municipality shall furnish the clerk of the new or other municipality with certified copies of the by-laws; and the new or other municipality, in each year in which a special tax upon that land is payable, shall collect the special tax and shall pay over the sums collected to the treasurer of the diminished municipality, when and as they are collected; and in the adjustment of the assets and liabilities consequent upon the detachment of any such lands, the debt incurred by the diminished municipality for its share of the cost of the work or service shall be taken into account.

Municipality may sue.

29(1)

Where the board has apportioned to any municipality any instrument or other evidence of indebtedness, that municipality may institute and maintain in its own name all actions and proceedings necessary for the due collection of the debt or any part thereof; and, for that purpose or any other purpose, has all the powers possessed by the municipality to which the instrument or other evidence of indebtedness was originally given under any Act or law pursuant to which the consideration for the debt was supplied.

Certificate as evidence.

29(2)

In any such action or proceeding a certificate signed by the board that the instrument or other evidence or indebtedness has been apportioned by it to the municipality suing or proceeding thereon, is admissible in evidence as conclusive proof of the apportionment.

Added territory liable.

30(1)

Where a municipality has been increased by territory taken from another municipality, the increased municipality may open an account with respect to the added portion, in which shall be entered the amount of the liability the municipality is to assume in respect of the portion by the apportionment made by the board, and the moneys realized from the assets of the portion; and it may levy in each year upon the portion a tax sufficient to pay the liability or part of the liability to be paid in that year after giving credit for the amount realized from the assets.

Surplus of assets.

30(2)

Where, after payment in full of the liability, the amount realized from the assets exceeds the amount so paid, the excess shall be placed to the credit of the portion as a payment on account of the general municipal tax.

Saving.

30(3)

Nothing herein limits the liability of the whole municipality to the board for the payment of its share of the liabilities of the portion added.

Debentures.

30(4)

Where, by the terms of any apportionment, a municipality is required to pay any money to another municipality or other municipalities or to the board, the council of the municipality may, by by-law, authorize the issuing, and accordingly issue and sell, debentures for the raising by way of loan on the credit of the municipality such money as is necessary for the purpose.

Amount of debentures.

30(5)

The amount for which the debentures are to be issued shall be determined by the board, which shall give its certificates accordingly.

Terms of debentures.

30(6)

The debentures shall be for a term not exceeding 20 years and shall bear interest at a rate determined by the board; and the by-laws authorizing the debentures are valid and binding upon the municipality passing the by-laws, without being submitted to, or receiving the assent of, the electors thereof.

Land becoming unorganized territory.

Where, by or under this Act or any other Act of the Legislature, any territory is detached from a municipality and put into unorganized territory, the diminished municipality or the collector of taxes in the detached territory, as may be provided by the decision, award, settlement, or apportionment made by the board, may collect all tax charges and debts owing to it and outstanding at the time the territory is detached, levied or charged on, or in respect of, lands situated within the territory so detached or on, from, or by persons residing therein, and may exercise all rights and institute, carry on, and complete all remedies and proceedings for the collection of those taxes, charges, and debts as if the territory had not been detached.

Board to get in moneys.

Where any municipality is disorganized, and its territory divided between two or more other municipalities or added to another municipality, and it has to its credit in any bank, or in the hands of any person, a sum of money, or any money is owing to it on an account, the board may demand and receive the money; and its receipt given therefor operates as a discharge to the bank or person paying over the money; and the money when received shall be applied by the board in a manner consistent with the principles set out in sections 27 and 34.

Recovery of sums apportioned.

33(1)

The amount settled by the board as being due from one municipality to another under this Division is a debt, and may as such be recovered with costs in any court having jurisdiction, by the municipality so found entitled thereto from the municipality found to be indebted.

Payment subject to conditions.

33(2)

In settling an amount due, as provided in this Division, the board may provide that the amount shall be paid by the municipality indebted in such instalments, payable at such times, as the board may fix, or subject to such conditions as the board may prescribe; and the municipality indebted shall pay the amount due in the instalments, and at the times, so fixed and subject to the conditions, if any, so prescribed.

Judgment payable in instalments.

33(3)

Where, as provided in subsection (1), a municipality recovers judgment against another municipality for an amount settled by the board as due, the judgment, notwithstanding any other Act or law, is payable in the instalments, and at the times, if any, so prescribed by the board.

Evidence of apportionment.

33(4)

In any suit or action the production of a copy of the apportionment or statement of apportionment, showing the amount so found or settled as due and purporting to be certified as a true copy by the board, is evidence of the debt.

Saving powers of board.

33(5)

This

section does not take away any rights or powers of the board for compelling payment of the indebtedness.

Rules for guidance of board.

In exercising its powers and authority and discharging its duties under this Division, the board shall, in so far as practicable, be guided by the following rules:

(

a) The board shall decide all questions as between the original territory of an increased municipality and newly added territory, taking into consideration the financial position of the municipality as formerly constituted and the assets and liabilities acquired or assumed in respect of the newly added territory; and it shall make an equitable settlement, if necessary, by providing, for a certain term of years, a difference in the rate of taxation between the original territory and the newly added territory.

(

b) In ordering a payment by one municipality to another, or to itself, the board may make the amounts payable at times to correspond with the times of payment of the debt on account of which the payment is to be made.

(

c) In making settlements the board shall take into consideration any disposition made of arrears of taxes pursuant to subsections 27(5) and (6).

(

d) The board may employ any assistance that it requires in connection with any settlement, award, or decision under this section, and may charge the cost thereof to the municipalities interested, in such proportion as it decides.

(

e) Where a new municipality is formed out of territory from one or more municipalities, and in any case for which provision is not expressly made in the section, the board shall settle the matters for which provision is made in this

section on the principles provided in this

section or as nearly so as circumstances permit.

(

f) The board may, in its discretion at any time, upon the application of a municipality or person interested, re-hear and re-open any such decision, award, settlement, or apportionment, whether made before or after the coming into force of this Act, and amend, alter, vary or supplement it upon such ground, and in such respects, as to it seems expedient, and may order and direct any of the municipalities interested or affected with respect to the levying, raising, collecting, using, or expending of any money required or collected under or by reason of the original or amended settlement, award or apportionment.

Application of division.

Except where expressly otherwise provided in another Act of the Legislature, the powers given under this division may be exercised in respect of, and applied to, all municipalities, local government districts and northern Manitoba as that expression is defined in The Northern Affairs Act.

Appeal.

36(1)

Any order or award made by the board under this Division is final and binding and not subject to appeal except for matters respecting which an appeal may be taken under

section 58 of The Municipal Board Act; and in respect of those matters that

section applies.

Saving.

36(2)

Notwithstanding subsection (1), in any appeal the decision of the board as to the principles upon which its order or award should be made is not subject to review, reversal, or amendment by The Court of Appeal.

When change effective.

Where, by or under this Act,

(

a) territory is changed from one municipality to another; or

(

b) any municipality or any part thereof is disorganized; or

(

c) territory not in any municipality is given to a municipality; or

(

d) a new municipality is incorporated; or

(

e) a village is reconstituted as a town under

section 20; or

(

f) a town is reconstituted as a village under

section 20;

the change takes effect at the end of the fiscal year of the municipality next following the issue of the letters patent or supplementary letters patent under

section 22 whereby the change is made, or on such other day as the Lieutenant Governor in Council specifically otherwise provides; and the other day last mentioned may be a day that is past, so that the change takes effect retroactively thereto.

Officers to assist

The officers of each municipality affected shall, without charge, do all things necessary for the purpose of carrying out any settlement made under this Division; and, on the application of any municipality interested, the minister may order any such officer to do any such thing; and, if he refuses to carry out the order, the minister may dismiss him and appoint another person in his place.

DIVISION IV

WARDS IN MUNICIPALITIES

Prohibition.

No town or village shall be divided into wards.

By-law in a city or r.m.

Subject to this Division, the council of a city or a rural municipality may by by-law provide for

(

a) a division thereof into wards; or

(

b) increasing or decreasing the number of wards thereof; or

(

c) altering the boundaries or area, or both, of any one or more of the existing wards thereof; or

(

d) abolishing any division thereof into wards.

Population of wards.

41(1)

Subject as herein provided, each ward of a city or a rural municipality divided into wards shall, in so far as is practicable, have approximately the same number of inhabitants.

Population quotient.

41(2)

The council shall establish a quotient for each ward in the municipality by dividing the total population of the municipality as determined in the manner set out in The Unconditional Grants Act by the number of wards.

Action to preserve equality.

41(3)

Where, after the issue of each final report of Statistics Canada determining the census of the municipality, in the case of a city or a rural municipality divided into wards, the number of inhabitants in any one or more of the several wards thereof varies from the quotient obtained under subsection (2) to an extent greater than is permitted under subsection (4), the council may, subject to subsection (5), prior to the next year to which

section 51 makes reference, take such action as may be required to give effect to subsection (1) or abolish any division thereof into wards.

Variation in population basis.

41(4)

In determining the area to be included in, and in fixing the boundaries of, any ward, the council shall consider

(

a) special geographic conditions, including the sparsity, density, and relative rate of growth or loss, of population of a part of the municipality; and

(

b) any special diversity or community of interests of the inhabitants of a part of the municipality;

and may allow a variation in the population requirement of any ward where, in its opinion, these considerations, or any of them, render a variation desirable; but in no case shall the population of any ward in the municipality as a result thereof vary from the quotient obtained under subsection (2) to a greater extent than 25% more or 25% less.

Where action required.

41(5)

Upon receiving a petition signed by the lesser of

(a) 100 resident electors of any ward of the municipality; or

(

b) by 20% of the resident electors appearing on the last revised list of electors for that ward requesting it, the council shall with respect to that ward take the action mentioned in subsection (3).

Proceedings where no by-law passed.

41(6)

If after three months from the date of the meeting of council at which the petition referred to in subsection (5) is received the council has not taken the action requested therein, the petitioners may within 30 days after that date apply to the board for an order giving effect to the petition and the board shall proceed on the application in the same manner as though the existing division of the municipality into wards was a proposed by-law referred to in subsection 42(7), and as though an application had been made to the board under subsection 42(7) to prohibit the passing thereof.

Procedure before passing by-law.

42(1)

Where the council of a city or a rural municipality proposes to pass a by-law under

section 40, it shall proceed as in this Division provided, and shall not finally pass the by-law unless it has done so.

Notice of intent to pass by-law.

42(2)

In a case to which subsection (1) applies, the council shall cause to be published once each week, in two successive weeks, with not more than seven days between each publication, a notice in accordance with subsection (3) of its intention to consider, and, if deemed advisable, to pass a by-law for any one or more of the purposes mentioned in

section 40.

Contents of notice.

42(3)

The notice shall

(

a) describe the purpose of the proposed by-law;

(

b) state that the council will sit on a day, and at a place and time, stated in the notice, to hear any person desiring to make a representation to the council with respect to the proposed by-law;

and the day so fixed shall be not earlier than 15 days after the first publication of the notice.

Hearing.

42(4)

On the day, and at the place and time, stated in the notice, the council shall sit and hear any person desiring to make a representation with respect to the proposed by-law, on his own behalf or as counsel or agent for any other person.

Action after hearing.

42(5)

After having complied with subsection (4), the council may

(

a) decide not to proceed with the proposed bylaw; or

(

b) give first reading thereto.

Publication of notice.

42(6)

Forthwith after the proposed by-law receives first reading, the clerk of the municipality shall cause to be published once each week in two successive weeks with not more than seven days between each publication a notice signed by the clerk stating

(

a) that the council has given first reading to the proposed by-law;

(

b) that any person objecting to the by-law may apply to the board to prohibit the passing of the by-law;

(

c) that notice of any application to the board under clause (

b) shall be served on the clerk of the municipality within thirty days of the date of the last publication; and

(

d) that if no notice of an application to the board under clause (

b) is served on the clerk of the municipality within the period mentioned in clause (c), the council shall proceed to give second and third reading to the by-law;

and the clerk shall send, by registered mail, a copy of the notice to each person who made a representation to the council as provided in subsection (4).

Application to board to prohibit by-law.

42(7)

Any person who objects to the proposed by-law may, within 30 days of the last publication under subsection (6), apply to the board to prohibit the passing of the by-law and serve notice thereof on or send notice thereof by registered mail to the clerk of the municipality.

Hearing by board.

42(8)

Upon receiving an application to prohibit a proposed by-law under this section, the board shall appoint a date, time and place for hearing the objections to the proposed by-law or any part thereof and may, after the hearing, prohibit the passing of the by-law, order the by-law to be amended before passing, or authorize the council to pass the proposed by-law without amendment.

Filing by-law with minister.

42(9)

Where a municipality passes a by-law under

section 40, it shall file a copy of the by-law with the minister.

Continuation where wards abolished.

Where, as provided herein, the division of a city or a rural municipality into wards is abolished, each member of the council of the municipality who was elected to represent a ward continues as a member representing the municipality at large until the end of the term for which he was elected, unless he sooner resigns or becomes disqualified.

Effect of alteration on rights of councillors.

44(1)

Where a by-law is passed under clause 40(c), the alteration of boundaries or area of a ward does not affect the membership of, or right to sit and vote in, the council of the municipality of a person who was elected to represent that ward before the alteration but the by-law shall indicate the ward which each member of council shall represent following the alteration.

Change in number of councillors.

44(2)

Where a by-law is passed under

section 40, the by-law shall make such provisions as are necessary

(

a) for an increase in the number of councillors, where that is required, in order that each new ward may be represented; or

(

b) for a decrease in the number of councillors by the retirement, at such time as is fixed, of the councillor or councillors representing a specified ward or wards, where that is required to give effect to a decrease in the number of wards;

and for the holding of such elections as may be required to elect members from all new wards or one or more specified wards, as may be required.

End of

Part I

PART II

PROVISIONS RESPECTING ELECTIONS

DIVISION I

CANDIDATES

Subdivision I

QUALIFICATIONS FOR ELECTION TO COUNCILS

Residence of candidates in rural municipality.

45(1)

In the case of a rural municipality,

(

a) a candidate for election as

(

i) reeve; or

(ii) councillor, if the municipality is not divided into wards;

shall be deemed to be resident in the municipality if he resides in a city, town, or village

(iii) that is wholly situated within the boundaries of the municipality; or

(iv) the boundaries of which, in whole or in part, are contiguous to the boundaries of the municipality; and

(

b) a candidate for election as councillor, if the municipality is divided into wards, shall be deemed to be a resident of the ward for election as a representative of which he is a candidate if he resides in a city, town, or village

(

i) that is wholly situated within the boundaries of the ward; or

(ii) the boundaries of which, in whole or in part, are contiguous to the boundaries of the ward.

Residents of summer resort areas.

45(2)

In the cases of

(

a) The Town of Winnipeg Beach;

(

b) The Village of Dunnottar;

(

c) The Rural Municipality of Victoria Beach; and

(

d) any other municipality, or part of a municipality

(

i) that consists principally of lands that are occupied and used primarily as a summer resort or for vacation purposes; and

(ii) that is designated, by order of the Lieutenant Governor in Council, as a resort area;

a person who resides therein for at least two months in any year shall, for the purposes of this Division, be deemed to be an actual resident

(

e) of the municipality; and

(

f) in a case to which sub-clause 46(d)(ii) applies, of the ward in which the land on which he so resides is situated;

during that year.

Qualification of candidates.

Subject as herein provided, no person is eligible for election as mayor or reeve, or as councillor, of a municipality unless at the time of his being nominated

(

a) he is a Canadian citizen;

(

b) he is of the full age of 18 years;

(

c) he is an elector of the municipality;

(

d) he is a resident

(

i) of the municipality; or

(ii) in the case of an election of a councillor of a municipality divided into wards, of the ward as a representative of which he seeks to be elected;

(

e) except in the case of a municipality to which subsection 45(2) applies, he has been a resident of the municipality for a period of not less than six months; and

(

f) he is not subject to any disqualification under this Act.

Subdivision II

DISQUALIFICATION AND FORFEITURE OF SEAT

Persons disqualified.

The following persons are not to sit or act as, or remain a member of, the council of a municipality:

(

a) A judge of the Court of Queen's Bench or The Court of Appeal.

(

b) A magistrate or justice of the peace.

(

c) A constable of any municipality.

(

d) An assessor, collector, treasurer, clerk, or other paid official or employee of the municipality.

(

e) A surety for an officer or an employee of the municipality.

(

f) A member of the council of another municipality.

(

g) A member of the Senate or House of Commons of the Parliament of Canada.

(

h) A person who has been nominated as a member of the council of another municipality.

(

i) Any person who, having been convicted of an offence under any provision of this Act, or any other Act, has not paid any fine imposed upon him for commission of the offence.

(

j) A person who, subsequent to his election as mayor or reeve, or councillor, as the case may be, ceases to be, or to be deemed to be, under this Division

(

i) a resident of the municipality; or

(ii) in the case of an councillor in a municipality divided into wards, a resident of the ward that he was elected to represent.

Election to two offices invalid.

No person is eligible for nomination for, election as, or to be, both mayor and councillor, or both reeve and councillor, and no person is eligible for election as councillor in more than one ward.

Restriction of eligibility.

No member of council is eligible to be nominated for, or to be elected as, mayor or reeve, at a by-election, being an election other than a regular election, unless he has, at least two weeks before nomination day, resigned his seat on the council, to take effect on the day previous to election day, by delivery to the clerk of his resignation in writing signed by him.

Forfeiture on conviction or judgment.

50(1)

Any member of council

(

a) who is convicted of an offence under

section 122, or under

section 112 of the Criminal Code (Canada); or

(

b) who is convicted of an indictable offence, upon conviction of which a person is liable to imprisonment for five or more years; or

(

c) against whom a judgment is obtained in a civil action under

section 122; or

(

d) against whom any conviction mentioned in clause (

a) or (

b) or judgment mentioned in clause (

c) is upheld or confirmed by a judgment on an appeal;

shall not attend in the capacity of a member of the council, or sit or vote at, any meeting of the council or meeting of a committee of the council or perform any duty or function or exercise any right or privilege of a member of the council until the conviction or judgment is quashed, reversed or set aside on appeal or by prerogative writ; and

(

e) where there is no appeal permitted from the conviction or judgment he forfeits his seat on the council as of the day of the conviction or on which the judgment is delivered; and

(

f) where no appeal against the conviction or judgment is commenced within 30 days after the day of the conviction or on which the judgment was delivered, he forfeits his seat on the council as of the 31st day after the day of the conviction or on which the judgment was delivered.

No stay of forfeiture.

50(2)

No court shall give any order that would have the effect of staying or delaying the application or effect of subsection (1).

DIVISION II

ELECTIONS

Subdivision I

NOMINATIONS AND TERM OF OFFICE

Triennial elections.

Each municipality shall hold an election for members of council in the year 1989 and in each third year thereafter.

Terms of office.

52(1)

Subject as herein otherwise provided, all persons elected as mayor or reeve, or as councillors shall be elected for terms of three years.

Date of termination of term.

52(2)

Subject as herein otherwise provided, the term of office of each member of a council elected under this

section expires 14 days after the fourth Wednesday of October in the year in which the term of office ends.

Date of beginning of term.

52(3)

Subject as herein otherwise provided, the term of office of each member of a council elected under this

section commences 14 days after the fourth Wednesday of October in the year in which he is elected.

Application of section.

52(4)

Notwithstanding any other special or general Act of the Legislature, but subject to

section 64, this

section applies to every municipality, including The City of Winnipeg.

Method of filing nominations.

53(1)

In all cases, nominations shall be filed with the returning officer

(

a) on the first Wednesday in October of the year in which they are required to be filed;

(

b) within the period stated in

section 55; and

(

c) at the place at which the last previous meeting of the council was held or at such other place as the council, by by-law, appoints.

Requirements for nomination paper.

53(2)

Every nomination paper shall include, or be accompanied by, or have annexed thereto, a duly completed statutory declaration by the candidate as provided in subsection 55(3).

Notice of nominations.

The returning officer shall, as provided in The Local Authorities Election Act, give notice that he will receive nominations; and the notice, shall include, in addition to the other matters required, under that Act, to be included therein, the names of the offices or positions for election to which he will receive nominations of candidates.

Period for receiving nominations.

55(1)

The returning officer shall receive nominations between the hours of ten o'clock in the forenoon and two o'clock in the afternoon of the day on which nominations are required to be filed.

By whom nominations may be made.

55(2)

Each nomination shall be made as required under The Local Authorities Election Act.

Form of declaration.

55(3)

The statutory declaration required under subsection 53(2) shall be signed by the candidate and declared before a person authorized under The Evidence Act to administer oaths, and shall be in the form prescribed in The Local Authorities Election Act.

Rejection of nomination paper.

55(4)

The returning officer shall reject a nomination paper that is not in compliance with

section 53 and this section.

Where no wards.

56(1)

Where a municipality is not divided into wards,

(

a) nominations of candidates for election as councillor, shall be made by; and

(

b) the candidates for election to any such office shall be elected by;

the electors of the municipality at large.

Where wards.

56(2)

Where a municipality is divided into wards,

(

a) nominations of candidates for election as councillor to represent a ward shall be made by; and

(

b) the candidates for election to any such office shall be elected by;

the electors of that ward.

Mayor or reeve.

56(3)

Whether or not a municipality is divided into wards

(

a) nominations of candidates for election as mayor or reeve shall be made by; and

(

b) the candidates for election to that office shall be elected by;

the electors of the municipality at large.

Division of wards into polls.

The council of any municipality may, by by-law, in any year prior to March 1, divide the municipality or any ward territorially into two or more polling subdivisions, and a list of electors for each such polling subdivision shall be prepared in accordance with The Local Authorities Election Act.

Subdivision II

BY-LAW FOR PROPORTIONAL REPRESENTATION

By-law for proportional representation.

58(1)

Subject to

section 59, the council of a municipality

(

a) of its own motion may; or

(

b) upon the petition of at least 25% of the electors of the municipality, whose signatures thereto are verified by statutory declaration, shall;

pass a by-law providing for the election of the members of the council on the principles of proportional representation.

Date of presentation.

58(2)

The petition may be presented to the council in any year, not more than 90 days, nor fewer than 60 days, before the regular election in the municipality in that year.

Existing provisions continued.

58(3)

Where, on the date on which this

section comes into force, the members of the council of any municipality are required to be elected on the principles of proportional representation, the council shall be deemed to have passed a by-law under this section; and the approval and assent required under subsection 59(1) shall be deemed to have been given thereto.

Repeal of existing provisions.

58(4)

In a case to which subsection (3) applies, the council may proceed under subsection 59(2), with respect to the existing provisions as to proportional representation; and that subsection applies to the case, with such modifications as the circumstances require.

Requirements for validity of by-law.

59(1)

No by-law to which

section 58 applies shall be finally passed unless

(

a) it has been approved by the minister; and

(

b) it has been submitted to the electors of the municipality, and has received the assent of the majority of the electors actually voting thereon;

and the submission shall be made in the same manner as one to ascertain the assent of the electors under The Local Authorities Election Act; and voting on the by-law shall take place at the same time as the next regular election.

Repealing by-law.

59(2)

The council of a municipality

(

a) of its own motion may; or

(

b) if so required by petition of at least 25% of the electors of the municipality, whose signatures thereto are verified by statutory declaration, shall;

pass a by-law to repeal any by-law to which

section 58 applies; but no such repealing by-law shall be finally passed unless it has received like approval and assent as is required in the case of a by-law to which subsection (1) applies.

Election at large.

A by-law to which

section 58 applies shall provide that the members of the council be elected at large, and where the municipality is one divided into wards, that the wards be abolished; and, after the passing of the by-law, the wards shall be abolished by proclamation and the election of a member to the council of the municipality shall be by the electors of the municipality at large.

Subdivision III

GENERAL

Date of elections.

The electors of each municipality, including The City of Winnipeg, on the fourth Wednesday of October in each year in which an election of

(

a) the mayor or reeve and the councillors; or

(

b) the councillors;

is required to be held, shall, as provided herein and in The Local Authorities Election Act, elect the members of the council who have not been declared duly elected under

section 47 of The Local Authorities Election Act; and all persons so elected shall hold office as members of the council until their successors are elected or appointed and sworn into office and the new council is organized.

Local Authorities Election Act.

Except where otherwise specifically provided herein,

(

a) Division II of

Part I of The Local Authorities Election Act applies to the nomination of candidates for election as mayor or reeve or councillor of a municipality; and

(

b) Division III of

Part I of The Local Authorities Election Act applies in respect of elections held under this Act unless a by-law has been passed under

section 58 and is in force, in which case

Part II of that Act applies.

Annual declarations of the qualification.

63(1)

No person elected or appointed as a member of the council of a municipality shall sit on the council or act as a member of the council unless, since the fourth Wednesday of October next previous, he has made and subscribed

(

a) a declaration of qualification in Form 2; and

(

b) a declaration of office in Form 3.

Deposit of declaration.

63(2)

A person who makes a declaration required under subsection (1) shall deposit it duly completed with the clerk of the municipality.

Offence.

63(3)

Every person who contravenes subsection (1) is guilty of an offence.

Special procedures - resorts.

64(1)

Notwithstanding any other provision of this Act or any other Act of the Legislature, in elections for members of council in the Village of Dunnottar, the Rural Municipality of Victoria Beach and the Town of Winnipeg Beach, other than by-elections to fill vacancies on council;

(

a) the enumeration of the voters and the revision and delivery of the lists of electors for the election shall be completed in May instead of in June and the provisions of The Local Authorities Election Act with respect thereto apply with the substitution of the word "May" for the word "June" in every provision thereof relating to the enumeration of voters and the making, revising and delivery of lists of electors;

(

b) nominations shall be filed on the second Wednesday in July in the year in which the election is to be held;

(

c) the electors shall, on the third Friday following the second Wednesday in July, in the year in which the election is to be held, elect the members of council who have not been declared elected under

section 47 of The Local Authorities Election Act;

(

d) the term of office of each member of council expires 14 days after the third Friday after the second Wednesday in July in the year in which the term of office ends; and

(

e) the term of office of each member of council elected in the election commences 14 days after the third Friday after the second Wednesday in July in the year in which the election was held.

Polls outside municipalities.

64(2)

Notwithstanding any provision of this or any other Act of the Legislature, the councils of the Village of Dunnottar, the Rural Municipality of Victoria Beach and the Town of Winnipeg Beach may, either severally or jointly, make provision for the holding of polls in other municipalities in Manitoba, including The City of Winnipeg, for the marking and casting of ballots in elections for members of council.

Application of

sec. 63.

64(3)

In applying

section 63 to the members of council of the Village of Dunnottar, the Rural Municipality of Victoria Beach and the Town of Winnipeg Beach, the word "October" in subsection 63(1) shall be read as "July".

DIVISION III

VACANCIES IN THE COUNCIL Subdivision I VACANCIES

Vacating of seats.

Where, after being elected, a member of a council of a municipality

(

a) fails, except where prohibited from attending under

section 50, to attend three consecutive regular meetings of the council without being authorized so to do by a resolution of the council entered in its minutes; or

(

b) becomes, under

section 46 or 47, disqualified for election as, or to be or remain, a member of the council;

the member thereby forfeits the seat on the council.

Resolution on forfeiture for non-attendance.

66(1)

Where a member forfeits his seat under clause 65(a), the council of the municipality may, by resolution, request the minister to declare that the member has forfeited his seat and that the seat is vacant.

Declaration by minister.

66(2)

Upon receiving a request from the council of a municipality to declare that a member has forfeited his seat under clause 65(

a) and that the seat is vacant, the minister may, without any notice to the member and without holding any hearing, make the declaration and thereupon he shall notify the municipality of his declaration and shall send a copy of the notice by registered mail to the member addressed to his address as shown in the records of the municipality.

Finality of declaration.

66(3)

Any member of the council of the municipality, or the member who has been declared to have forfeited his seat, may appeal a declaration made under subsection (2) to the Court of Queen's Bench within 30 days of the date the declaration was made, and, if the declaration is not appealed within that time, it is final and binding on all persons.

Right to take election petition.

66(4)

Nothing in this

section prevents a person from proceeding to unseat a member who has forfeited his seat under clause 65(

a) by an election petition.

Where court to declare seat vacant.

67(1)

Where in any proceeding a court finds that a member of a council has forfeited his seat or is disqualified from holding his seat,

(

a) where there is no appeal permitted from the finding, the seat is thereupon vacant; and

(

b) where no appeal against the finding is commenced within 30 days after the finding was handed down, the seat is vacant as of the 31st day after the day on which the finding was handed down.

Declaration of vacancy on conviction.

67(2)

Where a member of council forfeits his seat under

section 50, the seat is ipso facto vacant.

Disclaimer by member.

67(3)

Where a member of council does any act or thing for which he forfeits his seat, or for which he becomes disqualified from holding his seat, he may disclaim his seat by filing with the clerk of the municipality a disclaimer in writing; and thereupon the seat is vacant.

Election petition to unseat member.

67(4)

Where a member of council does any act or thing for which he forfeits his seat or is disqualified from holding his seat, and subsections (1) and (2) do not apply and he does not disclaim his seat under subsection (3), proceedings to unseat him may be taken by an election petition presented to a judge at any time during the term for which he is elected after the date of the alleged forfeiture or disqualification.

Where no quorum.

68(1)

Where the membership of a council is reduced by reason of a member not attending meetings because of the requirements of subsection 50(1) or by vacancies, caused by any reason, to less than the quorum required under any other provision of this or any other Act of the Legislature to conduct the business of the council, the minister

(

a) if he is satisfied that elections will be held to fill the vacancies within four months of the time the membership was first reduced below the quorum, may by written order reduce the quorum of the council below the quorum otherwise required, but not below three members, until the vacancies are filled; or

(

b) may by his order appoint a temporary administrator for the municipality to act and suspend the powers, duties, rights and authorities of the council and the remaining members of council until the vacancies are filled.

Act on reduced quorum.

68(2)

Where the minister reduces the quorum under clause (l)(a), the council may conduct business at any meeting at which there are present the number of members required to meet the reduced quorum ordered by the minister as though there were present a quorum as required by any other provision of this Act of any other Act of the Legislature.

Powers of temporary administrator.

68(3)

A temporary administrator appointed for a municipality under clause (l)(

b) has all the powers, duties, rights and authority of an administrator appointed under

section 539 and Subdivision II of Division VI of

Part VIII, except sections 539 and 553, applies with such modifications as the circumstances require to the municipality and the temporary administrator.

Council not qualified to act.

68(4)

While an order made under clause (l)(

b) is in force respecting a municipality, the council is not qualified to act for, or on behalf of, the municipality, or to exercise any of the functions, powers or authority vested in councils under this or any other Act of the Legislature, and all officers and employees of the municipality are subject to the control of the temporary administrator.

Revocation of order.

68(5)

Where the minister revokes an order made under subsection (1), the council of the municipality in respect of which the order was made shall resume the performance of its duties and the exercise of its powers, rights and authority in accordance with the other provisions of this Act.

Any member may resign.

69(1)

Any member of a council may resign his seat as such a member.

Form of resignation.

69(2)

A resignation by a member of a council under subsection (1) shall be in writing, dated, and signed by the member; and shall be delivered to the clerk.

When resignation effective.

69(3)

Except as provided in

section 49, a resignation under subsection (1) takes effect from the time of its receipt by the clerk of the municipality.

Subdivision II

ELECTIONS TO FILL VACANCIES

Provision for new election.

70(1)

Subject to subsection (2), where

(

a) no return is made for one or more wards or polling subdivisions in consequence of nonelection owing to interruption from any cause; or

(

b) a person elected to a council neglects or refuses to accept office or to make the necessary declarations of office within the time required;

(

c) a vacancy occurs in the council caused by resignation of the mayor or reeve or other members of council, by death, by judicial decision or otherwise; or

(

d) a vacancy is about to occur due to the receipt by the clerk of a resignation under

section 49;

the head of the council for the time being, or, in the case of his absence or of his office being vacant, the clerk, or, in the case of the like absence or vacancy in the office of the clerk, one of the members of the council shall, forthwith, by warrant, under the signature of the head, clerk, or member, require the returning officer to hold a new election to fill the vacancy.

Vacancy in final year of term.

70(2)

Subject to

section 73, where the vacancy occurs in the year in which the term of office expires, the council may resolve not to fill the vacancy.

Warrant for new election.

70(3)

Where the non-election, neglect or refusal or other vacancy occurs previous to the organization of the council for the year, the warrant for the new election shall be issued by the head of the council or a member thereof for the previous year, or by the clerk, in the manner provided in subsection (1).

Organization despite irregularity.

70(4)

The non-election, neglect, or refusal or other vacancy does not prevent the immediate organization of the new council, if a majority of the full number of the council are present.

Time for holding new election.

The new election shall be held not later than six weeks after the issue of the warrant, and the returning officer shall appoint a day and place for the nomination of candidates; and a day on which the election shall be held; and the election shall, in respect to notices and other matters, be conducted in the same manner as the regular elections of the municipality.

Appointment of members of council.

Where at a regular or other election of a municipality, or at a regular or other nomination, not being a case of an interrupted election, the electors neglect or decline to elect or nominate a mayor or reeve or other members of the council on the day appointed or to elect or nominate the requisite numbers of members,

(

a) the members of the new council if they constitute a majority of the council; or

(

b) if the members of the new council do not constitute a majority of the council, the members of the council for the last preceding year or a majority of them;

shall appoint a mayor or reeve, where necessary, and as many qualified persons as will constitute or complete the number of members requisite for council.

Appointment of mayor or reeve.

Where the office of mayor or reeve of a municipality becomes vacant after the first day of the year in which the term of office expires, and an election to fill the vacancy has not been ordered by a court, the council may either direct that an election be held or may appoint one of their number to fill the vacancy; and the person so elected or appointed shall hold office during the balance of that term but he has the right to vote at meetings of the council.

Subdivision III

FILLING VACANCY UNDER PROPORTIONAL REPRESENTATION

No separate ballot

74(1)

Where an election is held to fill a vacancy on the council at the next regular election following the creation of the vacancy, in those municipalities electing members of council under the principles of proportional representation, no separate ballot is necessary.

Candidate elected to fill vacancy.

74(2)

The candidate next in order of preference after the election of the other members of council declared to have been elected to fill the vacancies caused by the expiration of the term of outgoing councillors, shall be declared to be elected to fill the vacancy and shall take office with the incoming council.

Subdivision IV

ELECTION WHERE WHOLE COUNCIL RESIGNS

Resignation of entire council.

Where the whole council of a municipality resigns and there is otherwise no proper person authorized to direct a new election, upon receiving a petition signed by at least 25% of the electors whose names appear on the latest revised list of electors of the municipality, the Lieutenant Governor in Council may, by his order, require the returning officer to take forthwith all such proceedings as are required to elect a mayor or reeve and councillors, as in the case of a regular election in a new municipality.

Verification of signatures.

76(1)

A petition under

section 75 shall be verified by the statutory declaration of a person having knowledge of the facts; and the declaration shall include a statement that each of the petitioners is an elector of the municipality whose name appears on the latest revised list of the electors thereof, and that the signatures appearing on the petition are the signatures of those electors.

L. G. in C. may require evidence.

76(2)

The Lieutenant Governor in Council may require such further evidence by statutory declaration or otherwise as is deemed necessary to establish the sufficiency of the petition, and that the petitioners constitute the required proportion of the electors.

Returning officers' powers and duties.

The returning officer has all the powers, and is subject to all the duties, conferred upon and prescribed for returning officers under this Act and The Local Authorities Election Act.

When to hold elections.

The returning officer shall forthwith after receipt of an order under

section 75 take all the necessary steps required under this Act and The Local Authorities Election Act, and appoint the necessary times and places, for holding an election of mayor or reeve, and of councillors, for the municipality.

Councils to have full powers.

The council so elected in a municipality to which

section 75 applies takes office immediately and has all the powers of a council duly elected, and shall hold office as if elected in the ordinary way.

Term of office.

Where an election is held to fill a vacancy as provided in this Division, or an appointment is made under

section 72, the person or persons so elected or appointed takes or take office immediately and shall hold office for the balance of the term

(

a) of the person or persons in respect of whom the vacancy arose; or

(

b) for which a person or persons should have been, but was not, elected.

PART III

MUNICIPAL COUNCILS

DIVISION I

GENERAL POWERS, DUTIES, AND JURISDICTION

Subdivision I

NATURE AND EXTENT

Corporate powers exercised by council.

81(1)

The powers of every municipality shall be exercised by resolution passed by the council, except where they are specifically required to be exercised by by-law.

Inconsistencies.

81(2)

A by-law or resolution of the council that is inconsistent with any Act in force in the province, or with regulations made pursuant to such

an Act, has no validity in so far as it is so inconsistent.

Jurisdiction of council.

The jurisdiction of every council is confined to the municipality the council represents, except where authority beyond its borders is expressly given by this Act or any other Act.

Establishment of office.

83(1)

The council shall establish and maintain an office for the municipality at a place, either in or outside the municipality, designated by by-law of the council.

Place of meetings.

83(2)

The council shall hold its meetings in the office of the municipality unless otherwise provided by resolution of the council.

Defects of form.

No act connected with the affairs of a municipality, performed by the council, its officers or any other person, is void on account of error or insufficiency in the designation of the municipality or of that act, or on account of insufficiency in, or the omission of, the declaration of the quality of any such officer or person, if no surprise or injustice results therefrom.

Effect of formal defects or omissions.

85(1)

No proceeding, act, matter, or thing, done or purporting to be done under this Act, is invalid on account of any formal defect or omission.

General expenditures.

85(2)

Where, under this Act or any other Act, a municipality is authorized or required to do any act or thing, or the council thereof is authorized or required to pass a by-law for any purpose, the municipality, subject as herein provided, may expend from its general funds such moneys as are necessary to do the act or thing or to carry out the purpose of, or give effect to, the by-law unless other specific provision is herein made for the required expenditure.

Council a continuing body.

86(1)

The council of every municipality shall be deemed to be always continuing and existing, notwithstanding any regular or other election of its members and any organization consequent thereon.

Continuation of action.

86(2)

Upon and after any such regular or other election, and having been organized and held its first meeting, every council may take up and carry on to completion all by-laws, reports, and proceedings begun, or under consideration, by the council; and it is not necessary to begin anew with any by-law, proceeding, report, matter, or thing, entertained by the council.

Membership in Municipal Associations.

Any municipality, including The City of Winnipeg, may apply for membership in

(

a) Union of Manitoba Municipalities; or

(

b) Manitoba Urban Association; or

(

c) The Canadian Federation of Mayors and Municipalities; or

(

d) such other organizations that in the opinion of the council it is in the interests of the municipality to belong;

or all or any of them; and on the municipality becoming a member, the council thereof may expend funds of the municipality to pay the annual membership dues therefor.

Insurance against loss.

The council of each municipality, including The City of Winnipeg, may provide for comprehensive insurance to protect the municipality against loss through damage to the real or personal property, or both, of the municipality by reason of fire or any other cause; and may provide insurance against claims for loss or damage for which the municipality or the council thereof or any member of the council thereof may become liable; and for that purpose the council may expend funds of the municipality.

Insurance policies on councillors.

89(1)

A municipality, including The City of Winnipeg, may enter into a contract of accidental death, accident or disability insurance, or any of them, to cover members of the council of the municipality while engaged on the business of the municipality or performing their duties or functions as members of council.

Indemnity.

89(2)

No council of a municipality or member thereof, and no employee of a municipality, and no person acting under the lawful instructions of the council of a municipality or of a member thereof or of an employee of the municipality, is personally liable for any loss or damage suffered by any person by reason of anything done or omitted to be done, lawfully and without negligence, pursuant to or in the exercise of powers conferred by this Act.

Payment of legal expenses.

89(3)

The council of each municipality, including The City of Winnipeg, may expend funds of the municipality to pay the legal expenses of any member thereof or any employee of the municipality necessarily incurred by the member or employee in defending or prosecuting any court action initiated against or by the member or employee and arising out of anything done or omitted to be done pursuant to or in the exercise of powers conferred by this Act or any other Act; and the council may expend funds of the municipality to provide insurance coverage for the payment of such legal expenses.

Power of solicitor to settle claims.

The council may, subject to such conditions as it may prescribe, delegate to the solicitor of the municipality the authority to settle any claim, or any specified kind of claim, against the municipality by authorizing payment of an amount not exceeding $500. for any one claim.

Security for debts.

Where power is given to the municipality under this or any other Act to perform services or sell goods or lands, it shall be deemed to have, and always to have had, the same right as a private individual to take security for any debt owing to it and arising out of matters transacted in the exercise of the power.

Property in settlement of debts.

The municipality may acquire, hold, and dispose of, real or personal property offered or transferred to it in partial or complete settlement or payment of, or as security for, any lien or charge, or any right to a lien or charge, on any property, or any other indebtedness owing to the municipality.

Expenditures on by-laws.

The council may submit any question to an expression of opinion of the electors of the whole or any part of a municipality, and the result of the expression of opinion is not binding on the council; and the council shall make such expenditures as it considers necessary and advisable for the purposes of holding the vote and for providing information to the electors or resident electors on the question or any by-law that is submitted to an expression of opinion, and the information provided may be favourable or unfavourable, or partly favourable and partly unfavourable, to the question or by-law to be submitted to the expression of opinion.

Entertainment expenses.

The council of a municipality may pay for, or contribute towards, the expense of the reception or entertainment of guests in respect of matters pertaining to, or affecting the interests of, the municipality.

Appointment to commissions.

Where a municipality has power to make appointments to any board, commission or other body, the council thereof may make those appointments by by-law, and for each councillor or other person so appointed, to appoint a substitute or substitutes to act in his place and stead in the event of his absence from the board, commission or other body due to his sickness or absence from the municipality and pay to the councillor or other person so appointed remuneration fixed by by-law and travelling expenses incurred in the performance of his duties on the board, commission or other body.

Notices in Gazette not required.

Unless herein specifically directed, it is not necessary to publish in The Manitoba Gazette notices or advertisements required or allowed by this Act.

Census.

The council of a municipality may, by by-law, provide for taking a census of the inhabitants, or of the householders, of the municipality or of any part thereof designated in the by-law; and for that purpose it may expend funds of the municipality.

Regulations.

The council of each municipality may, by by-law, make regulations not contrary to law, respecting matters for which provision is not specifically made herein, and, without restricting the generality of the foregoing shall make regulations,

(

a) for governing the organization and proceedings of the council;

(

b) respecting the time and place of holding its meetings; and

(

c) for the calling of special or general meetings thereof;

and generally, but subject to The Public Health Act and any other Act of the Legislature and regulations made thereunder, may make such other regulations for the health, safety, morality, and welfare of the inhabitants and for the peace, order, and good government of the municipality as the council deems to be necessary or advisable.

Subdivision II

RETENTION AND DESTRUCTION OF RECORDS

Retention and destruction.

99(1)

The council of a municipality, by bylaw,

(

a) shall provide for the permanent retention and safekeeping of the municipal documents and records of the nature and kind described in

Schedule 1; and

(

b) may provide for the destruction by fire or shredding machine of the municipal documents and records of the nature and kind respectively described in Schedules 2, 3, 4, and 5, after the lapse of the period of time, and in accordance with the conditions, respectively set out in those schedules.

Photographic films.

99(2)

Where the council of a municipality, by by-law, so provides, the clerk shall cause a photographic film of every document or record mentioned or described, or of a kind or class mentioned or described, in the by-law to be made and preserved in the files of his office, whether or not the document or record is of a kind or class that has been required or authorized to be destroyed.

Certificates on documents.

99(3)

Before a photographic film of a document or record is made under subsection (2), the clerk shall cause the document or record to be stamped with a certificate stating that the document or record is photographed under the authority of a by-law of the municipality identifying the by-law, and signed by himself.

Admissibility in evidence.

99(4)

Where a municipal document or record has been, by by-law, required to be photographed as provided in subsection (2), a print from the photographic film is admissible in evidence in all cases, and for all purposes, in or for which the document or record so photographed would have been admissible, if the clerk who caused it to be so photographed, or his successor in office, certifies under his hand that it appears from the records of the municipality

(

a) that the document or record of which the print purports to be a copy is, or was at the time it was photographed, deposited, or on file, or held in his office or among the documents or records of the municipality;

(

b) that the document or record of which the print purports to be a copy was caused to be photographed by the clerk of the municipality under authority of a by-law of the council of the municipality; and

(

c) that the print is made from the photographic film respecting the document or record concerned that is on file in the municipal office.

Deposit in Provincial Archives.

99(5)

The council of a municipality may, by by-law, direct that any of the documents and records to which reference is made in clause (l)(

a) be deposited for safekeeping with the archives of the government if the provincial archivist has stated in writing that he desires those documents and records to be so deposited; and any documents or records so deposited shall be conclusively deemed to be retained for safekeeping as provided in clause (l)(a).

Deposit instead of destruction.

99(6)

Where the council of a municipality has under consideration the passing of a by-law under clause (l)(b), it may, by resolution direct that instead of destroying any or all of the documents and records the destruction of which is under consideration, they be deposited as provided in subsection (5), if the archivist consents in writing to the deposit.

Deposit of documents required by archivist.

99(7)

Where, as provided in subsection (6), the archivist consents to the deposit of some or all of the documents and records to which reference is made in that subsection, those documents and records shall not be destroyed but shall be deposited.

DIVISION II

COMPOSITION OF COUNCILS

Subdivision I

GENERAL

Representation from wards.

100(1)

Where a municipality, including The City of Winnipeg, is divided into wards, the number of councillors elected from each ward shall be equal to the number elected from each other ward.

Increase or reduction of number of councillors.

100(2)

Subject to subsection (1) and to sections 101, 102 and 103, the council of any municipality may pass a by-law increasing or reducing the number of councillors.

Notice of intent to pass by-law.

100(3)

Where the council of a municipality proposes to pass a by-law under subsection (2) it shall cause to be published once each week, in two successive weeks, with not more than seven days between each publication, a notice of its intention to consider, and, if deemed advisable, to pass a bylaw increasing or reducing the number of councillors.

Application of

section 42.

100(4)

Subsections 42(3) to (9) apply with such modifications as the circumstances require to a bylaw under subsection (2).

Where wards abolished.

100(5)

Where the division of a municipality into wards is abolished, the council shall consist of the same number of councillors that constituted the council before the wards were abolished, unless a by-law is passed under subsection (2).

Subdivision II

CITIES

Councils of cities.

101(1)

The council of each city consists of the mayor, who is the head thereof and, subject to subsection 100(1), such number of councillors as the council decides, not being less than six or more than 18.

Increase or decrease of size of council.

101(2)

Subject to

section 100, a council may by by-law, increase or decrease the number of councillors to any number not less than six or more than 18.

Subdivision III

TOWNS AND RURAL MUNICIPALITIES

Council of town and rural municipalities.

102(1)

Except as otherwise specifically provided in the case of any town or rural municipality by

an Act of the Legislature respecting that municipality and subject to subsection (2), the council of each town and rural municipality consists of the mayor in the case of a town, or the reeve in the case of a rural municipality, who in either case is the head thereof, and in every case not less than four councillors.

Increase or decrease of size of council.

102(2)

Subject to

section 100, the council of any municipality to which subsection (1) applies may, by by-law, increase or decrease the number of councillors to not less than four.

Subdivision IV

VILLAGES

Councils for villages.

The council of each village consists of the mayor, who is the head thereof, and four councillors.

Subdivision V

TENURE OF OFFICE

Terms of office.

104(1)

Subject to sections 52, 80, and 105, and to subsection (2),

(

a) the term of office for which the mayor or reeve of a municipality is elected is three years; and

(

b) the term of office for which the councillors of a municipality are elected is three years as hereinbefore provided.

Extension of term of office.

104(2)

Notwithstanding any other provision herein, a mayor or reeve and a councillor elected at an election shall hold office for the term herein provided and thereafter until his successor is elected or appointed as herein provided and sworn into office and, in the case of a regular election, until the new council is organized.

Filling of vacancy.

Where a member of council dies or vacates, forfeits, or resigns, his seat before the expiration of his term, and the election of his successor is not held at the regular election, his successor shall hold office for the remainder of the term.

Subdivision VI

REMUNERATION OF MEMBERS OF COUNCIL

No other allowances.

No member of the council of a municipality is entitled to any payment, mileage, or indemnity, except as is provided in this Division.

Portion of remuneration for expenses.

Where a member of a council of a municipality is, under a by-law or resolution of the council, paid an indemnity, or other remuneration, one-third of the amount shall be deemed to be for expenses incident to the discharge of his duties as a member of the council.

Conditions as to indemnities.

(

a) as to their attendance at meetings of the council and the committees thereof; and

(

b) as to their performing additional duties in connection with the carrying on of the business and affairs, and the discharge of the duties and responsibilities, of the municipality.

Monthly indemnity.

Subject to

section 111, any city, town or village may, if a by-law of the council so provides, in lieu of all other indemnities, pay to the mayor or reeve and to each councillor, monthly or annually, such indemnity as the council determines.

Indemnities in r. m.

110(1)

Subject to

section 111 and subsection (2), any rural municipality may, if a by-law of the council so provides, in lieu of all other indemnities, pay to the reeve and to each councillor, monthly or annually, such indemnity as the council determines.

Mileage allowed.

110(2)

In addition to the indemnity for which provision is made in subsection (1), each member of the council of a rural municipality, may be paid and accept,

(

a) if a by-law of the council so provides, for attending meetings of the council, such amount as is fixed by by-law, for each mile, each way, from his place of residence in the municipality to the place of meeting and return to his place of residence, to be allowed only once for each meeting;

(

b) such amount per hour as is fixed by by-law of the council, for each hour actually and necessarily spent by him, under authority previously given by resolution of the council, in the performance of such duties, work, or services as he is required or authorized, under the resolution, to perform; and

(

c) such amount per mile, as is fixed by by-law of the council, for each mile actually and necessarily travelled by him in the performance of the duties, work, or services to which clause (

b) applies;

but the remuneration or mileage mentioned in clauses (

b) and (

c) is not payable until an account showing the work or service performed, verified by statutory declaration, has been filed with the clerk and payment thereof authorized by resolution of the council.

Travelling expenses of members.

111(1)

A municipality may pay the actual travelling expenses, and actual living expenses, of a member of the council, officer or employee duly authorized, by resolution of the council, specifying the purpose of the journey, to go on a special journey beyond the limits of the municipality on the business thereof, together with an indemnity to the member of council of such amount per day as is fixed by by-law of the council for each day he is actually engaged in that business.

Expenses attending course of instruction.

111(2)

A municipality, if authorized by a resolution of the council thereof, may pay the actual out-of-pocket registration, tuition, living, and travelling expenses of members of the council, officers, and employees

(

a) in attending a course of instruction in municipal administration and public finance; or

(

b) in taking such a course by correspondence;

if, in either case, the course taken is one approved by the minister.

Closing of office during course.

111(3)

Where an officer attending such a course of instruction is the only officer in the municipal office, the council of the municipality, by resolution, may provide that the municipal office be closed during the period the officer is absent attending the course.

Expenses attending certain meetings.

111(4)

Any municipality may pay the actual travelling expenses and actual living expenses of a member of the council, officer or employee duly authorized by a resolution of the council to attend a meeting of

(

a) Manitoba Urban Association; or

(

b) Union of Manitoba Municipalities; or

(

c) The Canadian Federation of Mayors and Municipalities; or

(

d) such other organizations to which in the opinion of the council it is in the interests of the municipality to belong;

together with an indemnity to the member of council of such amount per day as is fixed by bylaw of the council, for each day he is actually engaged in travelling to, attendance at, and returning from, any such meeting.

Rates of indemnities and mileage.

111(5)

The rates fixed by a council for indemnities or mileage payable under subsection 110(2) or this

section shall be such reasonable rates as are in accordance with current practise, and as are exemplified in the amounts payable, from time to time, as mileage allowances or indemnities to persons in the service of, or performing work or services on behalf of, the government or of a board or commission appointed by the Lieutenant Governor in Council under

an Act of the Legislature.

Publication of by-law.

111(6)

Where a council passes a by-law under

section 109 or 110 or subsection (1) or (4), the clerk of the municipality shall forthwith cause a notice describing the substance and effect of the by-law to be published once and to be posted up in the offices of the municipality.

Irregularly called meeting.

No member of a municipal council is liable to a fine, penalty, or punishment, or to disqualification, on account of the fact that he has received money, as remuneration as a member, for attending meetings of the council held pursuant to the call of the reeve or mayor of the municipality and without the formalities required by law to make those meetings legal and valid.

DIVISION III

MEETINGS OF COUNCILS

Subdivision I

MEETINGS GENERALLY

Place of meeting.

113(1)

Subject to subsection 83(2), the council of each municipality shall hold its meetings, and transact all the business of the municipality, within the municipality, unless otherwise provided by a resolution of the council.

Keeping of minutes.

113(2)

The co