Despite clause 83(1)(d), a member may discuss with the chief administrative officer or a designated officer a matter referred to in that clause before the matter is made public as provided in that clause. A prosecution for an offence under this section may not be commenced later than six months after the day on which evidence sufficient to justify a prosecution for the offence came to the knowledge of the chief administrative officer. The LVFH Act also gave municipalities The committee of a local urban district must by resolution establish rules of procedure and every committee must review the resolution at least once during its term of office. When this or any other Act requires a council to hold a public hearing on a proposed by-law, the public hearing must be held before the by-law is given third reading. A fine imposed for contravening a by-law of a municipality must be paid to the municipality. If the minister holds a vote, the vote must be held in accordance with The Municipal Councils and School Boards Elections Act as modified by the directions given by the minister. An application for title must be dealt with as an application for transmission under The Real Property Act. (b) the terms of office of the members of the councils of the municipalities from which the amalgamated municipality is to be formed are extended to the date of the amalgamation, without those members being re-elected. (a) the amount of money to be borrowed and, in general terms, the purpose for which the money is to be borrowed; (b) the anticipated maximum rate of interest, the term and the terms of repayment of the borrowing; (c) the source or sources of money to pay the principal and interest owing under the borrowing; and. What regulations are part of the MGA? The Municipal Board must hold a hearing when it conducts a review. 2002, c. 24, s. 42; S.M. The committee of a local urban district is responsible for. (b) a designated officer certifies by statutory declaration that the property continues to be in contravention of the municipality's derelict building by-law. The Lieutenant Governor in Council may direct the minister to hold any vote that the Lieutenant Governor in Council considers appropriate about the formation of a rural municipality from land in The City of Winnipeg or about the annexation of land within the boundaries of The City of Winnipeg by a municipality. Where a supervisor is appointed by the minister under subsection (1), the municipality must submit to the supervisor for approval, particulars of the following matters which constitute the program of the municipality: (b) proposed taxation of the municipality; (c) any other matter affecting the administration of the affairs of the municipality. If the member of a council does not resign immediately upon disqualification, the court may, on application, declare the member to be disqualified and his or her position on the council to be vacant. Where an individual who is registered as a candidate in an election and who is not nominated, withdraws, or is not elected in the election, fails to comply with section 93.12 (filing election finance statement), the individual is disqualified from being nominated for or elected as a member of council until after the next general election. Before issuing an official donation receipt, the qualified donee must determine whether it has received a gift for the purposes of the Income Tax Act and the eligible amount of the gift. A council may give the position of chief administrative officer any title the council considers appropriate. Text to be available before first reading. A council may by resolution borrow money for operating expenses during a fiscal year, but the amount borrowed must not exceed the amount collected in taxes and grants in lieu of taxes in the previous fiscal year. A council may by by-law change the number of councillors. A registered candidate in an election must ensure that. A quorum is required for and during each council meeting. Subject to this Part, the members of the council and the chief administrative officer of a municipality the affairs of which are under supervision remain subject to this and any other Act. Limit re matters enforced under Municipal By-law Enforcement Act, (a) designated under clause 3(2)(a) of The Municipal By-law Enforcement Act; or. Discharge of orders and certificates by municipality, If, at any time before title is issued under section 247.10, a designated officer is satisfied that a derelict property has been brought into compliance with the municipality's derelict building by-law, the designated officer must promptly register a discharge of, (a) any preliminary derelict building order, second notice or derelict building certificate registered against the property, in a form approved under The Real Property Act; and. The council must give public notice of the proposed by-law before third reading. A committee of a local urban district may initiate an amendment to a formation regulation by submitting a request setting out the amendment to the council of the municipality in which the local urban district is located. In the following circumstances, an employee who is elected as a member of the council or the committee of a local urban district must be placed on a leave of absence without pay for a period starting on the day of the election and ending on the earlier of the day that is eight years and one month after the day of the election, or the day that is one month after the day the employee ceases to hold the elected office: (a) if the employee is elected as a member of the council of the municipality that employs the employee; (b) if the employee is elected as a member of the committee of a local urban district in the municipality that employs the employee; (c) if the employee is employed by an affiliated body of the municipality, and he or she is elected as a member of the council of the municipality or the committee of a local urban district in the municipality. The following provisions apply to council committees, with necessary modifications: (b) subsections 135(1), (2) and (4) (quorum); A council that establishes a committee composed entirely of municipal employees may exempt the committee from the application of subsection (1). (c) the amount of money to be transferred from the operating budget. If the order under section 242 directs that premises be put and maintained in a sanitary condition, the municipality may, under this section, close the premises and use reasonable force to remove occupants. 2000, c. 35, s. 59; S.M. (f) prescribing forms for the purposes of the by-law. Where a person is placed on or granted a leave of absence under this section, (a) the period of service before the leave of absence begins, and the period of service after the leave of absence ends, is deemed for all purposes to be unbroken; and. (b) varies or does not give effect to one or more of the other terms, conditions or things in the report. 2001, c. 30, s. 5; S.M. (a) must consider the application in relation to the principles, standards and criteria established under clause 7(b) on the amalgamation of municipalities or the annexation of land from municipalities; (c) may investigate, analyse and make findings of fact about the amalgamation or annexation and its potential effect on each affected municipality and local authority and on the residents and property owners of the proposed municipality or area proposed to be annexed; (d) in the case of an annexation, may consider the viability, including the financial viability, of the municipality from which the land is annexed continuing to operate as a separate entity; (f) in the case of an amalgamation, may request the minister to hold a vote or may require any one or more of the municipalities that are proposed to be amalgamated to hold a vote of the persons who would be voters of the municipality proposed to be formed; (g) in the case of an annexation, may request the minister to hold a vote or may require a municipality to hold a vote of those persons who are voters of the area of the municipality proposed to be annexed or a vote of those persons who are voters of the municipality in which the area proposed to be annexed is located; (h) may consider the results of a vote; and. (c) expressing an opinion as to whether the municipality's financial statements present fairly the financial position of the municipality as at the end of the fiscal year and the results of its operations for the fiscal year. (a) give a copy of the report filed with The Municipal Board under subsection 14(4) or clause 15(c) to every person to whom the proponent was required to give a copy of a proposal under section 13; and, (i) make a copy of the report or any study prepared by or for the proponent available for inspection by the person, and. Clause 232(1)(o) applies only in respect of a by-law passed under this Part. (a) designate bodies as local authorities for the purpose of clause (g) of the definition "local authority" in subsection 1(1); and. Required accounting policies and practices. S.M. Manitoba's Municipal Act, which is under review, requires each municipality to adopt its own code of conduct. to a registered candidate who is a candidate for the office of councillor, if councillors are elected by a vote of the voters of the whole municipality; or. A regulation to amalgamate municipalities may. (b) the member must undergo the training arranged by the municipality. (b) the amount of money equal to the value of the contribution. Without delay after a sufficient petition is submitted, the council of the municipality must meet with the representative of the petitioners to discuss the petition and to negotiate it in good faith. A majority of the voters of a locality in a rural municipality may initiate the formation of a local urban district by submitting to the council of the municipality a sufficient petition to form a local urban district. When a regulation under this Division has the effect of including or placing an area of land that was in one municipality (in this section called the "old municipality") in another municipality (in this section called the "new municipality") as a result of formation, dissolution, amalgamation or annexation then, unless the regulation otherwise provides. By-law establishing reimbursement of campaign expenses. For the purposes of this Act, while they are cohabiting, persons who have registered their common-law relationship under section 13.1 of The Vital Statistics Act are deemed to be cohabiting in a conjugal relationship of some permanence. Subject to this Part, an administrator has the powers and authority and is subject to the restrictions and responsibilities of the council of a municipality under this or any other Act or a by-law. Order to remedy dangers and unsightly property, If, in the opinion of a designated officer, a structure, excavation or hole is dangerous to public safety or property, or because of its unsightly condition, is detrimental to the surrounding area, the designated officer may by written order, (a) in the case of a structure, require the owner, (i) to eliminate the danger to public safety in the manner specified, or. The auditor is entitled to receive, for the purpose of the audit, any information that is required from a member of the council, an employee of the municipality and the members and employees of a body referred to in clause 186(1)(b), Financial institution to provide information. An application for a warrant under this section may be made without notice. "derelict building by-law" means a by-law passed under clause 232(1)(c.1) that regulates the condition and maintenance of vacant dwellings or non-residential buildings. LOCAL URBAN DISTRICTS: FORMATION, FUNDAMENTAL CHANGES AND DISSOLUTION. The Manitoba government is delivering on key recommendations of the Planning, Zoning and Permitting in Manitoba report with the introduction of bill 37: the planning amendment and City of Winnipeg charter amendment act, Municipal Relations Minister Rochelle Squires announced today. If a public hearing is adjourned, the council must give public notice of the date, time and place of the continuation of the hearing, unless that information is announced at the time the adjournment is announced at the hearing. MUNICIPALITIES OUTSIDE THE BOUNDARIES OF WINNIPEG, "contiguous" in the case of land means that the land, (a) forms a continuous and unbroken piece, or, (b) is comprised of two or more parcels or areas that would form a continuous and unbroken piece of land but for their being separated by, (iii) a transmission or distribution line right-of-way for a power, telephone or gas utility, or, (iv) a municipal road or highway; (« contigu »), "unorganized territory" means any part of the province that is not in a municipality, and includes unorganized territory in Northern Manitoba; (« territoire non organisé »), "unorganized territory in Northern Manitoba" means that part of Northern Manitoba as defined in The Northern Affairs Act in respect of which the Minister of Aboriginal and Northern Affairs has the powers, rights and privileges that an incorporated community has within its boundaries under The Northern Affairs Act. (b) consult about the proposal with local authorities and the public in a manner that substantially accords with the process for consultation set out in the proposal. A person elected as a member of a council must make and file with the chief administrative officer an oath of office in the form approved by the minister, and the person may not carry out a power, duty or function as a member of the council until the oath of office is filed. Term of office of member elected at by-election. The decision of a court under section 95 may be appealed to The Court of Appeal. 1998, c. 33, s. 6; S.M. If in the opinion of the secretary a filed petition is not sufficient, the secretary must within the time set out in subsection (8) give written notice of the manner in which the petition is not sufficient to the representative named in the petition under subsection (6). The first meeting of an incoming council after a general election must be held within 30 days after the day of the election. (b) make a copy of the response available for inspection and copying by any person who requests it. 2012, c. 25, s. 3; S.M. A notice under subsection (6) must include, (a) the amount and purpose of the expenditure; and. Expenditures to be estimated in operating budget, A council must include in its operating budget for a fiscal year the estimated amount of money required for all purposes, including amounts. Section 30 (formation regulations) and Subdivision 5 (General Provisions Relating to Regulations) of Division 2 apply with necessary modifications to the formation of a rural municipality from land within the boundaries of The City of Winnipeg. If a municipality has been unable to effect personal service of a preliminary derelict building order or a second notice after having made reasonable attempts to do so, the district registrar may, on application made by a designated officer, grant an order of substitutional service of the order or notice. 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