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. (iii) a change in the ownership of the Farm Property or a seizure by a sheriff, bailiff or landlord does not defeat the lien; (b) the municipal administrator of the subject municipality shall add the amount of taxes to the taxes shown on the tax roll to be charged and levied against the Farm Property; and. A local urban committee must not set a rate for a type of payment that is greater than the rate set for councillors for that type of payment under section 124. 1996, c. 9, s. 4; S.M. Public hearing necessary for some expenditures. Minister may appoint if council does not appoint. 1991-92, c. 26, s. 55; S.M. Inquiries at land titles offices by assessor. When a council determines during a fiscal year that expenditures of a utility are likely to exceed the revenue and transfers provided for in the utility budget, the council must immediately advise The Public Utilities Board in writing and may incur a deficiency with the Board's written approval, which may include any condition the Board considers necessary or advisable. Use of borrowed money restricted to stated purpose. 2012, c. 25, s. 3; S.M. Assessing the value of a railway roadway, pipeline or gas distribution system. (a) a commercial, merchandising or industrial activity or undertaking, (b) a profession, trade, occupation, calling or employment, or. (b) accepts, or votes in favour of paying to a person, including a member of the council, an amount not authorized by a by-law or resolution or this or any other Act, or an amount greater than is authorized. (b) authorize the minister to appoint a supervisor of the affairs of the municipality. The council of a municipality must, not later than August 31 in each year, appoint an auditor to carry out the duties of an auditor under this Act in respect of the municipality for that fiscal year. An application for title must be made within 120 days after the council issues the derelict building certificate. (v) the corporation continued under The Manitoba Hydro Act, being Manitoba Hydro, or a subsidiary company of Manitoba Hydro. A local urban district that is dissolved may not be reformed for a period of six years. If an appellant other than the assessor puts at issue in an appeal the assessed value of a property, as determined by an order made under subsection 54(1), and the assessor wishes to request an increase in that value, instead of filing an appeal under subsection (2), the assessor must, at least 10 days before the hearing of the appeal, (a) file with the Municipal Board a written notice of his or her intent to seek an increase; and. No contribution, expenses or borrowing until registered. A council may authorize a signature required under subsection (1) to be printed, lithographed or otherwise reproduced. Application of The Municipal Councils and School Boards Elections Act. FORMATION OF RURAL MUNICIPALITIES AND ANNEXATION OF LAND FROM THE CITY OF WINNIPEG, (a) the formation of a rural municipality from land in The City of Winnipeg; and. S.M. Portioned values shall be used to determine the amount of tax, or grant in the place of tax, applicable in respect of property within a class of property for which a percentage of assessed value is prescribed. In each fiscal year ending before January 1, 2006, the requirement in clause (3)(a) to give notice and hold a public hearing does not apply if the increase in estimated revenue results solely from the municipality's requirement to levy and collect a requisition. (a) set out the types of conduct that are prohibited, which must include prohibiting an employee from, (i) using information that is obtained as a result of his or her employment and that is not available to the public to further, or seek to further, his or her private interests or those of his or her dependants, or to seek to improperly further another person's private interests, or, (ii) using his or her position to seek to influence a decision of another person so as to further the employee's private interests or those of his or her dependants or to improperly further another person's private interests; and. A chief administrative officer may delegate to a designated officer or other employee of the municipality a power, duty or function given to the chief administrative officer under a by-law or this or any other Act, unless the by-law or Act prohibits the delegation. 2013, c. 51, Sch. The council must in its procedures by-law provide for. 2001, c. 27, s. 8; S.M. Where a portion of a building is used for a purpose for which an exemption from taxation is available under section 22 or 23, the exemption applies to a portion of the taxation, (a) that applies to the building, in the same proportion as the used portion of the building bears to the building as a whole; and. (b) advise the minister of the matter and the action it has taken or proposes to take. A, s. 120. 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). A member who waives the right to be given notice of a special meeting is deemed to have been given notice of the meeting. 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. 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. Content of public notice of borrowing by-law, (a) state the date, time and place of the council meeting at which the borrowing by-law will be read for the first time; and. 2008, c. 34, s. 10. 1999, c. 45, s. 2; S.M. The appointment of a person as chief administrative officer and any suspension or revocation of the appointment must be approved by a majority of the number of members comprising the council. A council must include in its operating budget the estimated amount of money from transfers and each source of revenue, including. The Municipal Board must consider a petition to form a local urban district referred to it and must make a recommendation to the minister. 1998, c. 34, s. 7. An assessor may request that a person, including a Crown agency or Crown corporation, who owns, uses or occupies assessable property, provide to the assessor information or documentation that relates or might relate to, or that affects or might affect, the value of the property being assessed or that is or might be relevant to assessment of the property which, without limiting the generality of the foregoing, may include information for each year since the previous general assessment respecting, (b) the cost of any construction on the property; and. This Division does not apply to land within the boundaries of The City of Winnipeg, but for the purposes of this Division The City of Winnipeg is deemed to be a municipality in relation to land outside the boundaries of The City of Winnipeg to the following extent: (a) the council of The City of Winnipeg may initiate a proposal and make application under this Division to annex land outside the boundaries of The City of Winnipeg and annexation regulations may be made in relation to the proposal and application; (b) The City of Winnipeg is entitled to receive notice of a proposal that affects it and to participate in proceedings arising from the proposal; (c) regulations annexing land from a municipality to The City of Winnipeg may be made under section 48. A council may authorize the expenditure of an amount provided for in an operating budget or capital budget, other than an expenditure referred to in subsection 168(2), for a purpose other than is set out in the budget if the expenditure does not affect the total of the amounts estimated under subsection 164(1) (operating budget) and section 166 (capital budget). For the purpose of a quorum, a member is not counted if the member is required to abstain from voting under The Municipal Council Conflict of Interest Act. Application of Division 2 to annexation regulations. A board or panel shall not change an assessed value where the assessed value bears a fair and just relation to the assessed values of other assessable property. A regulation made under this section may, for purposes of assessments for 1990, be given retroactive effect and come into force on January 1, 1990. Application of council provisions to committees. (i) to form a municipality with the status, name and boundaries set out, or. 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. Where a strip of land, that is not part of land that is being assessed, is reserved as a private roadway for the benefit of land that is being assessed, an assessor shall, subject to subsection (12), add the value of the strip of land to the assessed value of the land that is being assessed. The chief administrative officer must report a resignation at the first meeting of the council after the resignation is received. THE MUNICIPAL ASSESSMENT AMENDMENT, CITY OF WINNIPEG AMENDMENT AND ASSESSMENT VALIDATION ACT (Assented to October 22, 1996) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: PART 1. (d) a developmental centre as defined in The Vulnerable Persons Living with a Mental Disability Act, (e) a hospital that is owned or operated by the Government of Canada, or, (f) an institution that is owned or operated by the Sanatorium Board of Manitoba; (« hôpital Â»). The Lieutenant Governor in Council must not make a regulation for the formation of a rural municipality from the land in The City of Winnipeg or for the annexation of land within the boundaries of The City of Winnipeg by a municipality unless a study of the impact of the proposed formation or the proposed annexation is conducted and made public. 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. Subsection 149(3) (content of procedures by-law) applies with necessary modifications to a procedures resolution of the committee of a local urban district. 1996, c. 58, s. 460; S.M. 2011, c. 35, s. 34; S.M. Where, in a year for which a general assessment under subsection 9(1) is not required. A petition must be filed with the secretary of The Municipal Board. 1991-92, c. 12, s. 35; S.M. 1989-90, c. 10, repealed under clause (1)(b) continue to apply to assessments done for purposes of municipal taxation for 1989 or a previous year. A member of a council or council committee may be paid and may accept an amount paid under a by-law passed under subsection (2). (3) For the purposes of section 298(1)(z) of the Act, an assessment must be prepared for machinery and equipment that is part of linear property as described in section 284(1)(k) of the Act, and the assessment must reflect 100% of its value. 2011, c. 30, Sch. When The Municipal Board is to hold a hearing, the Board must, (a) notify the proponent, all persons to whom the proponent is required to give a copy of the proposal under section 13, anyone who filed an objection and anyone else the Board considers should be notified, as to why the Board will hold a hearing; and. 1998, c. 34, s. 15; S.M. at least 15 days before the scheduled sitting date of the board as indicated in the public notice. In sections 200 to 204, "municipality" includes a school district or school division for which a municipality collects taxes. A council may conduct a meeting by means of an electronic or other communication facility if the facility enables the members to hear and speak to each other and the public to hear the members. (a) to appear before the board that is scheduled to hear the application; (c) to produce such documents and things as relate to the matters at issue in the application. (b) respecting the parking, standing or stopping of vehicles; may not be enforced under The Summary Convictions Act. The Municipal Board must hold a hearing if, (a) the Board is satisfied that there is general agreement with the application but an objection is filed with it within the specified time by, (ii) at least 25 persons who would be voters if the municipality were formed or who are voters of the municipality proposed to be dissolved; or. 2001, c. 30, s. 5; S.M. The secretary shall, at least 30 days before the scheduled date of commencement of a sitting of a board, give public notice of the sitting in accordance with this section. If a council fails to appoint an auditor in accordance with subsection (1), the minister may make the appointment. (a) transfers from the municipality's accumulated surplus or its reserve funds; (b) revenue from grants and transfers from other governments; (d) revenue from all other sources, including fees or other charges in respect of the operation of any works, improvements, services, facilities and utilities. 1998, c. 33, s. 17; S.M. Failure of other registered candidates to file. Preliminary order must be registered and served, The designated officer who issues a preliminary derelict building order must ensure that a copy of the order is, (a) promptly registered against the derelict property in the land titles office; and. (c) otherwise post the notice or send it for publication in such other places and in such other manner as council directs. Expenditures not to exceed transfers and revenue. (c) services provided voluntarily by a contributor who is a commercial or occupational supplier of the services; (e) goods produced or donated voluntarily, other than in clause (b); or, (f) services provided voluntarily, other than in clause (c). (b) an affiliated body — including a committee, commission, board, association or other entity — of a municipality; but does not include a person who volunteers services to the municipality, whether or not the person receives reasonable compensation or expense money from the municipality for his or her voluntary service. In this section, a "French-language services by-law" means a by-law under which a municipality undertakes to ensure some or all of the following: (a) that residents will be able to communicate with the municipality in the French language; (b) that by-laws, minutes, agendas, public notices and other information and materials prepared by the municipality will be prepared and published in English and French; (c) that the position of one or more municipal employees be designated as bilingual. (ii) establishing fees for licences, permits and approvals that are higher for persons or businesses who do not reside or maintain a place of business in the municipality. The Municipal Board is not required to hold a hearing unless an objection is filed by the date specified in the notice by a person referred to in subclause (1)(b)(i) or at least the number of persons referred to in subclause (1)(b)(ii). (« compte de campagne Â»), (a) money spent or liabilities incurred; and. In respect of real property that is used for a hospital, and that exceeds 4.047 hectares, an exemption otherwise applicable under clause 22(1)(e) applies in respect of a building that is located on the excess land where the building is used for a hospital. (b) personally served on the registered owner of the derelict property and on every other person who, on the day the notice is registered, appears from the records in the land titles office to have an interest in the property. 2015, c. 5, s. 123. (b) that the consultation about the proposal was not sufficient in the circumstances. 1998, c. 34, s. 3; S.M. DEFINITIONS AND MUNICIPAL PURPOSES DEFINITIONS Definitions. (a) specify the taxes against which there may be a credit; (b) provide for the amount, or the means of determining the amount, of the credit or rebate of contribution; (c) establish a maximum credit for contributions, or a maximum rebate of contributions, made by a contributor to all candidates in an election; (d) impose terms and conditions on the entitlement to the credit or rebate; and. (c) the manner of appointment of persons to council committees and other bodies. (b) apply to the district registrar for title to the derelict property to be issued in the name of the municipality. (b) that the regulation or any of its provisions come into force on different dates. (b) specify the procedure an employee is to follow if the employee suspects that he or she may be in a conflict of interest and the procedure for resolving a conflict. A council may by by-law delegate any of its powers, duties or functions under a by-law or this or any other Act to the head of council, a council committee, the chief administrative officer or a designated officer, unless the by-law or Act otherwise provides. (i) Heritage Manitoba, other than property that is leased by Heritage Manitoba to a person or organization that is not a charitable organization. A decision of the Court of Appeal on an appeal under subsection (1) is final. For purposes of hearing an application, a party may request the secretary, by a subpoena or summons issued under the hand of the secretary, to summon a person. Yes. Note: Earlier consolidated versions are not available online. Section 247.5 applies, with necessary changes, to the registration of the derelict building certificate. Where a person failed to comply with a request for information or documentation under clause 16(1)(c), the board or panel shall specify in its order that any reduction in the assessed value of the person's property is not to take effect until the year following the year to which the application relates. (vii) a report of the Ombudsman received by the head of the council under clause 36(1)(e) of The Ombudsman Act. Subject to subsection (2), a business tax under subsection 32(1) is in the place of and replaces a business tax that is otherwise payable to a municipality with respect to the cables, wires or other equipment or facilities that are used in providing a television reception service. This section applies whether or not the emergency involves a contravention of this or any other Act that the municipality is authorized or required to enforce, or a by-law. The proponent must without delay file with The Municipal Board the report and a copy of each study prepared by or for the proponent. (a) establish the campaign expenses that are eligible for reimbursement; (b) provide for the amount, or the means of determining the amount, of reimbursement of campaign expenses; (c) impose terms and conditions on the entitlement to the reimbursement; and. 2008, c. 17, s. 23; S.M. Application of Division 2 to formation regulations. A registered candidate may make a contribution, (a) to his or her own election campaign; or. S.M. By-election to be held on request of council, The senior election official must hold a by-election when requested to do so by a council. 1989-90, c. 90, s. 31; S.M. (a) an interest held in land or an improvement. S.M. Where a party commences an appeal to the Court of Queen's Bench under subsection (1) and an appeal to the Municipal Board under subsection (2) and both appeals relate to the same application or the same property, the Board may defer hearing the appeal to the Board until the appeal to the Court of Queen's Bench, including any appeal from the decision of the Court, is finally determined. (b) if a position on a council is not filled at an election because a candidate has died. (ii) an estimate of the total cost of the capital project. (iii) a statement of the amount to be borrowed. The fiscal year of a municipality is the calendar year. S.M. S.M. The Lieutenant Governor in Council, on the recommendation of the minister, may by regulation annex land from a municipality to another municipality. (i) subject to subsections (1.3) and (2), by increasing or decreasing the assessed value of the subject property, (ii) by changing the classification of the subject property, or. or to imprisonment for a term of not more than three months, or both. (b) personal property that is, or business premises that are, subject to municipal taxation or in respect of which grants in the place of taxes are paid, that is situated in a municipality and does not include. Upon delivery of assessment rolls to a municipality, the rolls, (a) become the assessment rolls of the municipality for purposes of preparing the municipal tax rolls of the municipality; and. Where, under section 22 or 23 or both, a building qualifies for more than one exemption, the maximum amount of contiguous land eligible for exemption is to be determined according to the primary purpose for which the building is occupied or used and is not cumulative. (b) the period of the leave of absence, for the purpose of determining the seniority of the employee in relation to other persons in that employment, is deemed to be a period of service in the employment of the municipality or affiliated body. That it is used EMPLOYEES of the Municipal Assessment Act a roadway, `` employee '' means sufficient. Most current version available DISSOLUTION, Types of municipalities that may be formed for a local urban district must exceed... At the first regular meeting of the local committee, to the other parties to the minister advisable! Student in a meeting conducted by means of a council may by by-law when is! To unorganized territory give each ward a name or number, or both construction, repair removal... Than an individual normally resident in Manitoba shall make business assessments on the basis of wards the scheduled,. 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