manitoba municipal act

2014, c. 27, s. 65; S.M. In this Division, "goods" includes chattels and growing crops. (« règlement sur les maisons mobiles »), The council of a municipality that has a mobile home by-law may amend the amount of the licence fee payable under the by-law, and in doing so may, (a) fix, or provide for the manner of determining and fixing, different fees based on one or more characteristics of a mobile home; or. "board" means The Municipal Employees Benefits Board continued under section 408; (« Commission »), "board of trustees" means those persons appointed as trustees under a trust agreement; (« conseil de fiducie »), "employee" means an employee as defined in subsection 406(1); (« employé »), "fund" means the Municipal Employees Benefits Fund continued under section 409; (« Fonds »), "plan" means the Manitoba Municipal Employees Pension Plan continued under section 409; (« Régime »), "trust agreement" means an agreement described in subsection 410(2). The resident administrator of a local government district continued as a municipality under section 428 is deemed to have been appointed as the chief administrative officer of the municipality under this Act. Reference to local improvement district or special services area. (b) in any other case, on the minister's written request, by the Minister of Finance out of the Consolidated Fund. Updated to: December 11, 2020 (except as otherwise noted) Find titles with The title of an Act is a link to its consolidated version, which includes all amendments in force as of the date to which it has been updated. (b) pay the insurance proceeds to the person or persons otherwise entitled to receive them. The Manitoba Municipal Act, 1884, and an Act to Amend "the Judicial Districts Act, 1883": Being 47 Vic., Cap. A municipality must give public notice of the properties to be offered for sale at the auction by, (a) posting a notice of auction in the municipal office, on or near the affected property, and at two other public places in the municipality at least 30 days before the auction; and. If before the commencement of an auction the tax arrears for the designated year and costs in respect of a property are paid to the municipality, (a) the property must not be sold at the auction; and. (a) the business is liable to taxation but was not assessed; (b) the business is liable to taxation due to change in ownership or use; or. The Manitoba Municipal Act, 1884, and an Act to Amend "the Judicial Districts Act, 1883": Being 47 Vic., Cap. Order affecting the operation of this Act: Association of Manitoba Municipalities Incorporation Act, The, Beautiful Plains County Buildings Act, The, By-law No 3678 of The Rural Municipality of St. Andrews, An Act to validate, Order re Temporary Suspension of Local Government Provisions, Dauphin Memorial Community Centre Board Act, The, Flin Flon Extension of Boundaries Act, The, Manitoba Municipal Administrators Association Inc. Act, The, Oakwood War Memorial Scholarship Board Act, The, Rural Municipality of Kelsey By-law No. (a) the outstanding balance of tax arrears and costs is reduced to such an amount that the property is no longer subject to sale by auction according to regulation; (b) the property owner enters into an agreement with the municipality for payment of the arrears and costs; or. Period for which supplementary taxes are payable, Supplementary taxes imposed under subsection (1) or (1.1) are payable for the period. Clause (3)(b) does not exempt from seizure or sale, (a) goods in which the taxpayer has an interest as purchaser or under an agreement by which the taxpayer may become the owner of the goods upon the performance of a condition; or. A municipality that has the discretion to do something is not liable for deciding in good faith not to do that thing or for not doing it. By-elections before first general election, Despite anything in this Act, when the office of a member of a committee referred to in subsection (4) (in this subsection referred to as a  "member who holds office as if elected") becomes vacant before the first general election following the coming into force of this section, a by-election is not required if, (a) the committee has remaining at least two members who hold office as if elected; and. (c) the applicable tax rate or rates set by by-law, or one tax rate that combines all the applicable rates. (b) propose a similar plan or proposal for a period of two years after sending the notices under subsection 318(1). An unincorporated village district or unincorporated urban district that is continued as a local urban district under this Act is deemed for all purposes to have been formed as a local urban district under this Act. Subject to subsection (4), a penalty under subsection (2) may be imposed at the beginning of the month whether or not the tax arrears are paid at any time during the month. (a) set a business tax rate for the year, to be applied to the annual rental value of premises as assessed; (b) impose a tax for the year on each business for which a business assessment was made; and. A local improvement plan may propose that some or all of the cost of a local improvement be paid by the municipality and that, to raise revenue for that purpose, local improvement taxes be imposed, in each year over which the cost will be spread, on all properties in the municipality other than property described in section 21 of The Municipal Assessment Act. A municipality must take reasonable steps to recover the body of a person who drowns in the municipality. 2005, c. 13, s. 14; S.M. (b) a majority of the members then on the committee request, not later than 30 days after the vacancy occurs, that council not hold a by-election. Despite this or any other Act or any title issued to a municipality, the title to land on which a municipal road is situated, or on which was situated a municipal road that has been closed under section 290, is vested in the Government of Manitoba. 11 and Cap. ; or. On request and payment of a fee prescribed by by-law, a designated officer must issue a tax certificate showing. The municipality providing a service or thing under subsection (1) may set terms and conditions, including fees or other charges, for providing the service or thing, but is not required to apply the same terms and conditions that apply in the municipality. Where land within a municipality is sold for taxes before the coming into force of this Act, the provisions of the former Municipal Act respecting the rights, powers and obligations of the municipality, the tax purchaser and the person who owned the land before the sale continue to apply in respect of the land until the period for the redemption of the land provided for under that Act has expired. A by-law under subsection (1) may set different rates for different categories of amusement or places of amusement. Penalties imposed under subsection (2) and remaining unpaid at the end of a year must be added to and form part of the tax arrears in respect of which they were imposed. All municipalities and their employees participating in the plan shall be bound by the plan and the trust agreement. (b) obtain and file a pending litigation order in the Land Titles Office. A municipality is not liable for loss or damage in respect of a municipal road. Notice where tax to be levied on all taxpayers. A municipality may require a person who without written authority from the municipality obstructs a drain to remove the obstruction, and if the person fails to do so, the municipality may remove the obstruction and recover any expense it incurs from the person who caused the obstruction, (a) by levying and collecting the amount of the expense as a tax; or, INTER-MUNICIPAL ROADS, BRIDGES, AND DRAINS. An application under subsection (1) in respect of a property to be auctioned must be filed in the court and served on the municipality before the date of the proposed auction. Despite subsection (1), a municipality may not seize or sell. (b) before taxes imposed in respect of the particular lands or the improvements have been paid; the municipality may add all or any part of those taxes to the taxes imposed in respect of the other lands and may collect them in the manner that taxes on the other lands may be collected. (b) are defined in The Municipal Assessment Act or the regulations under that Act; have the same meaning in this Part as they have in that Act or the regulations under that Act. The certificate of a designated officer is admissible in evidence without proof of the appointment or signature of the person who signed the certificate. (ii) after being appointed or elected, ceased to be qualified, or became disqualified; (d) the election of one or more councillors or members of the committee of a local urban district is invalid; (e) a councillor or a member of the committee of a local urban district has resigned because of disqualification; (f) a person has been declared disqualified from being a councillor or a member of a committee of a local urban district; (g) a councillor or a member of a committee of a local urban district does not take the oath of office; or. Notice of plan or proposal and public hearing. A municipality may correct its tax roll in respect of a business and impose supplementary taxes if, after the tax roll has been completed, the assessor reports to the municipality that. Each member of the council of a municipality referred to in section 427 continues to hold office as if elected a member of the council under this Act. (a) allow taxes to be paid in instalments; or. Adjournment of tax sale pending outcome of application. 2005, c. 13, s. 14; S.M. A municipality that provides a service or other thing within its own boundaries may provide it in or to another municipality, with the agreement of the other municipality. (iii) the year or years during which financial assistance may be paid out or applied; (e) respecting criteria for eligibility of recipients of financial assistance; and. In each year, a council must offer for sale by auction every property in the municipality that, (a) has taxes in arrears for the designated year; and. (b) goods that are the property of the spouse or common-law partner or a parent, child, son-in-law, daughter-in-law, brother, brother-in-law, sister or sister-in-law of the taxpayer. 11 and Cap. A notice under subsection (1) to a railway company must be sent by registered mail. (b) by sending a copy of it to the person by registered or certified mail or by other type of mail, delivery or facsimile transmission or other type of communication facility, for which confirmation of the notice having been sent may be obtained. A council may by by-law allow a discount, subject to any limitation prescribed by the minister by regulation, for the prepayment of taxes on or before a date specified in the by-law. A council may exempt persons or classes of persons from amusement tax on the admission price for certain amusements or places of amusement or classes of amusements or places of amusement. A municipality must pay money owing by it to a judgment creditor from its surplus funds or a reserve fund that is not designated for a special purpose. 2009, c. 35, s. 15. (b) the tax arrears for the designated year is that portion of all the tax arrears in respect of the property that was due before the year. Except in circumstances considered by the minister to be an emergency, the minister must in the formulation or review of regulations under this Act provide an opportunity for consultation with, and seek the advice and recommendations of, a committee to be appointed by the minister and to be known as the Municipal Advisory Committee. A by-law made under subsection (1) may provide that instead of or in addition to a fine, a vehicle parked in contravention of the by-law may be towed, at the owner's expense. (e) necessity to repair or replace a part of the utility or service. This Division applies to The City of Winnipeg. A by-law is discriminatory if it operates unfairly and unequally between different classes of persons without reasonable justification. A village is an incorporated urban municipality in the Canadian province of Manitoba. A municipality must not terminate a plan established under this section, or cease to participate in a plan that it has participated in under this section, or pass a by-law to that effect, without the consent of, (a) the collective bargaining agent of the members of the plan who are also employees of the municipality, or if there is no collective bargaining agent, at least 2/3 of the members of the plan who are also employees of the municipality; and. (iii) the Government of Manitoba or one of its agencies. 11 and Cap. Before ordering a change under subclause (2)(c)(i), The Municipal Board must, (a) direct the municipality to give notice of the proposed change to the potential taxpayers who would be affected by the change; and. Renewing the Non-Profit Sector. The council of a municipality referred to in section 427 is continued as a council under this Act. 11 and Cap. No by-law, resolution or proceeding of a council and no resolution or proceeding of a council committee may be challenged on the ground that. A tax roll may be combined with, or separate from, the corresponding assessment roll. (c) registering the approved by-law and a plan at the appropriate land titles office. Despite subsection (1), no grant is payable in respect of, (i) no grant or transfer has been issued from, or made by, the Crown, or. Where property that is subject to seizure and sale for taxes was held by a trustee in bankruptcy or a liquidator under a winding-up order, the priority of the lien for taxes extends to all taxes that became due in respect of the property before, (a) in the case of a bankruptcy, the date of the authorized assignment in bankruptcy or order in bankruptcy; or. The Municipal Act, SM 1996, c. 58: Accumulated Surplus and General Reserve Regulation: 49/97: 4 Mar 1997: 15 Mar 1997: Aggregate Mining and Transportation Fees and Agreements Regulation: 48/97 : 4 Mar 1997: 15 Mar 1997: Council Members' Codes of Conduct … (a) the by-law is required to be put to a vote of voters, and the vote has not been conducted or the by-law was not given the required approval in the vote; (b) notice of an intention to pass the by-law was required but not given; or. (a) has an interest in property that is to be sold for taxes; and. Last updated: January 2017 . (a) approve the by-law as submitted, with or without conditions; (c) require that the by-law be amended in one or more of the following ways: (i) subject to subsection (3), by adding or removing one or more businesses or properties to or from the businesses or properties to be taxed under the by-law. These 10 cities include Flin Flon, of which a small portion is located within the neighbouring province of Saskatchewan. The two representatives of municipalities referred to in clause 408(1)(b), or their successors, may, on behalf of the municipalities participating in the plan, enter into a trust agreement with a board of trustees, which board of trustees shall be constituted so that the number of trustees representing members of the plan is not less than the number of trustees representing participating municipalities or associations of municipalities, or their agents. (c) two years after the regulation made under subsection (1) is made. Municipality may not assert lack of authority. 11 and Cap. A municipality incorporated or continued as a town or village under the former Municipal Act or as a city under a special Act is continued under this Act as an urban municipality. Order for seizure and sale before taxes due. (a) if the grant is in respect of institutional lands owned or leased by The University of Manitoba, The University of Winnipeg, Université de Saint-Boniface, Brandon University or University College of the North, or a college as defined in section 1 of The Advanced Education Administration Act, by that body; and. Amendment after subdivision, consolidation or change in plan. The Manitoba Municipal Act, 1884, and an Act to Amend "the Judicial Districts Act, 1883": Being 47 Vic., Cap. If a property is sold at an auction for less than all of the tax arrears and costs in respect of the property, the balance of the arrears and costs is deemed to be cancelled. (b) ending December 31 of the year in which the assessor's report was received by the municipality. A lien for taxes is payable in priority over all other fees, charges, liens or claims, except. (a) the taxes for the year in respect of the property or business specified in the request, and any amount paid; (b) any tax arrears owing in respect of the property or business as of the date of the certificate; (c) whether the lands are assessed for farming purposes under section 17 of The Municipal Assessment Act. (d) the amount of arrears and costs owed to the municipality for which each property may be offered for sale. (b) by sending it by certified or registered mail to the chief administrative officer at the municipal office. (« ouvrage public »). (a) the municipality may offer the property for sale at the auction; (b) the property may be sold at the auction for less than the amount of the tax arrears; and. Included in the municipality in the municipality is the purchaser of property it issue... With closed Municipal road, bridge and drain that crosses or runs along their boundaries party. C. 28, s. 59 ; S.M force January 1, 1997 of Winnipeg later than August 31 of minister... 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