(b) a notice filed under subsection 43(3). Where a person, within a municipality, provides a television reception service by means of, in whole or in part, cables, wires and other equipment or facilities, the person, in providing the television reception service and related services, is deemed to be carrying on a business in the municipality and is liable in each year to payment of a business tax to the municipality equal to 1% of the gross revenue of the business in the year that precedes the year for which the tax is payable. (b) the amount of revenue from sources referred to in clause 164(2)(d) in excess of the amount estimated under that clause. Resolution of disputes by Municipal Board. When a regulation or direction under this Division requires the ownership of land or other property to be transferred to a municipality, the minister may do whatever is necessary to give effect to subsection 50(1) or a direction under clause 50(4)(c). 1996, c. 79, s. 35; S.M. 2002, c. 39, s. 527. 2008, c. 34, s. 14; S.M. (b) any application for title commenced under section 247.8. Council may exclude certain borrowing from budgets, A council is not required to include a proposed borrowing in its operating budget or capital budget if, (a) the borrowing refinances, redeems or restructures existing borrowings; and. (c) the person signed the petition more than 90 days before the petition was filed under subsection 10(3) or more than 150 days before the petition was re-filed with The Municipal Board under subsection (10). A municipality may make an expenditure only if it is. (« deuxième avis »), Interpretation: evidence property is derelict, For the purposes of this section and sections 247.2 to 247.13, a property is a derelict property if, (a) the registered owner of the property has been found guilty of contravening the municipality's derelict building by-law; and. S.M. DEFINITIONS AND MUNICIPAL PURPOSES DEFINITIONS Definitions. Content of by-laws under clause 232(1)(c.2). The Municipal Board must give notice of the day, time and place of the hearing in accordance with The Municipal Board Act. (d) a health and social services district board established under The District Health and Social Services Act, (f) a community development corporation incorporated under Part XXI of The Corporations Act, or, (g) a body designated as a local authority by regulation made by the minister under clause 7(a); (« autorité locale »), "local improvement" means a local improvement under Division 4 of Part 10; (« amélioration locale »), "local urban district" means a local urban district established under section 46 or Division 5 (Local Urban Districts) of Part 3; (« district urbain local »), "members" means, when referring to a council, the councillors and the head of council; (« conseillers »), "minister" means the member of the Executive Council who is charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »), "municipal participation corporation" means a corporation or entity in which all the members or shareholders are municipalities and which is controlled by the municipalities; (« corporation à participation municipale »), "municipal purposes" means the purposes set out in section 3; (« fins municipales »), "municipal record" means any kind of recorded information that is created or received by, or in the custody or control of, a municipality, regardless of physical form or characteristics, and includes. 1998, c. 33, s. 3; S.M. An appellant shall, not later than 21 days after the day on which a copy of an order is sent to the appellant under subsection 54(5), file a copy of the order and a notice of appeal with the Municipal Board. The Municipal Assessment Act. Despite subsection (1), public notice is not required for a borrowing that is made in respect of a local improvement plan, if notice of the plan has been given under section 318 (notice of plan). 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. Despite clause 232(2)(e) (by-laws respecting licences, permits, approvals), a municipality may not require that a licence, permit or approval be obtained to sell produce grown in Manitoba if the sale is by the individual who produced it or an immediate family member or employee of the individual. (i) the form and content of the order, which must include the legal description of the property, a statement that the property is a derelict property and a statement that the property may be transferred to the municipality if it is not brought into compliance with the municipality's derelict building by-law. A council that establishes a reserve fund for a specific purpose may provide in its operating budget or capital budget for an expenditure from the fund only for that purpose unless, before making the expenditure, (a) the council gives public notice, and holds a public hearing, in respect of the proposed expenditure; and. 2010, c. 2, s. 12; S.M. 2015, c. 43, s. 35. 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. (b) set out the roll number and legal description of the assessable property for which a revision is sought; (c) set out which of the matters referred to in subsection 42(1) are at issue, and the grounds for each of those matters; and, (i) delivering it or causing it to be delivered to the office indicated in the public notice given under subsection 41(2), or. Property Search: Property Search (for properties outside of Winnipeg) Manitoba Property Owners Online (ii) fill in the excavation or hole and level the site; (c) in the case of property that is in an unsightly condition, require the owner, (i) to improve the appearance of the property in the manner specified, or. (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. 1992, c. 13, s. 7; S.M. By-law inconsistent with other legislation. (b) the Board is not satisfied that there is general agreement with the application by persons to whom the proponent is required to give a copy of the proposal under section 13. A registered candidate shall not solicit or accept a loan for the purposes of an election, except from a financial institution. S.M. If the position of head of council becomes vacant and a by-election is not required under subsection (1), the council may appoint one of their number as the head of council. In the case of a petition that is required under this or any other Act to have a minimum number of petitioners, the chief administrative officer must determine the sufficiency of the petition not later than 30 days after it is filed. A decision of the Court of Appeal on an appeal under subsection (1) is final. (b) is defeated on second or third reading. GENERAL PROVISIONS RELATING TO REGULATIONS. To be eligible to be nominated as a candidate and elected as a member of the committee of a local urban district, a person must, (a) meet the requirements of subsection 90(1); and. Guide to interpreting power to pass by-laws, The power given to a council under this Division to pass by-laws is stated in general terms, (a) to give broad authority to the council and to respect its right to govern the municipality in whatever way the council considers appropriate, within the jurisdiction given to it under this and other Acts; and. Subject to subsection (2), this Act repeals the following: (a) The Municipal Assessment Act, R.S.M. Notice, revision and appeal re corrections. (vi) subdivision of the land that forms all or a part of the property, or a change in a plan of subdivision. A party may not appeal an order of the Municipal Board to the Court of Appeal without leave of a judge of the Court of Appeal. (i) an area designated by the minister responsible under The Northern Affairs Act for purposes of an assessment under this Act, (ii) an incorporated community as defined in The Northern Affairs Act; (« municipalité »), "occupier" means a person who, with respect to a piece of land, is a lessee, licensee, invitee, permittee, purchaser, homesteader, pre-emption entrant or squatter and includes a party claiming through or under such person; (« occupant »), "oil, natural gas or salt production equipment" means equipment, machinery, plant or a structure or erection of any kind, whether or not, (c) laid in, along or attached to the surface of land, or, together with flow lines, tools, pipes, appliances, appurtenances and other things located on the land, that is owned and used by a person who owns the surface of the land or who holds a lease or licence from the owner of the surface of the land for the purpose of, (e) obtaining and producing oil, natural gas or salt that lies under the surface of the land, or, (f) injecting gas or water, including salt water, into a formation that lies under the surface of the land or in the vicinity of the land; (« installations pour la production de pétrole, de gaz naturel ou de sel »). The designated officer must display or produce on request identification showing that he or she is authorized to make the entry. The administrator must be bonded as determined by the minister for the faithful performance of his or her duties. S.M. The exemption under subsection (1.1) applies to all portions of an improvement described in clause (1.1)(b), including those portions used to prepare, provide, serve or sell food, refreshments or merchandise when an event is being held at the improvement, except those portions that are used for retail shops, restaurants and other businesses which offer goods and services to the public on a regular basis without regard to whether an event is being held at the improvement. Despite any provision of this Act or The City of Winnipeg Charter, the Lieutenant Governor in Council may by regulation annex land from The City of Winnipeg to a municipality if the minister believes that. Where all parties agree to a revised assessment, the Municipal Board may change the assessment or classification of the subject property, as agreed by the parties, and direct a revision of the roll without hearing an appeal. (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. (ii) in the case of a dissolution application, consider the viability, including the financial viability, of the municipality continuing to operate as a municipality; (e) may request a person, municipality, local authority or the minister to conduct such studies and seek such advice to support their position as the Board considers appropriate; (f) may require an affected municipality or may request the minister to hold a vote of those persons who would be voters of the municipality proposed to be formed or are voters of the municipality proposed to be dissolved and may consider its results; and. A member who waives the right to be given notice of a special meeting is deemed to have been given notice of the meeting. A person, other than the minister, who initiates a proposal to form or dissolve a municipality may not initiate another proposal with respect to substantially the same land for a period of one year, (a) from the date a regulation is made in relation to the proposal; or. (a) a board with more than three members may designate at least three of them as a panel to hear applications for revision; and. A council may not give a proposed by-law more than two readings at the same council meeting. A youth member is not counted for the purpose of determining a quorum or deciding a vote of the council. 1999, c. 29, s. 3; S.M. "party" means, in respect of an application for revision under subsection 42(1), (a) the person whose property is the subject of the application, or the authorized agent of the person, or. (« règlement d'emprunt »), Council may borrow for operating expenses. If in the opinion of the chief administrative officer a filed petition is not sufficient, the officer must within the time set out in subsection (1) give written notice of the manner in which the petition is not sufficient to the person named in the petition under subsection 154(9) (representative's name and address). The administrator may demand from the chief administrative officer of the municipality all money, securities, evidences of title, and municipal records. Application of Division 2 to formation regulations. (b) prescribe the class or classes of assessable property that the variation may apply to. A person must not be the proponent or applicant of more than one proposal or application concerning the same land at the same time, but a person may make a proposal or application in the alternative for the amalgamation of municipalities or for annexation from a municipality of land that is included in an amalgamation proposal or application. If real property is held by Winnipeg Airports Authority Inc. under a lease, permit or licence from the Government of Canada, and a person holds any of the property under a lease with, or permit or licence from, the Authority, an assessor shall assess that property in the name of the person. (a) a trade union, a partnership and an unincorporated association; (b) a political party registered under the Canada Elections Act, or a constituency association of such a party; and, (c) a political party registered under The Election Financing Act, or a constituency association of such a party. (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. The municipal administrator shall send to the Provincial Municipal Assessor and, where applicable, to the City Assessor, certified copies of by-laws enacted under section 28 or 31. The boundaries of a local urban district must not be amended more than once a year. In Manitoba, property is assessed at market value in accordance with The Municipal Assessment Act. (c) notify each person who filed an objection to, or who in writing indicated support for, the application that a copy of the report is available for inspection on request at the municipal office of every affected municipality. 2000, c. 35, s. 59; S.M. Sections 58 to 61, clause 62(a) and sections 63 and 64 apply with necessary modifications to the amendment of a formation regulation. Initiating a dissolution of local urban district, The dissolution of a local urban district may be initiated, (a) by a sufficient petition of 2/3 of the voters of the district submitted to the council of the municipality in which the local urban district is located; or. 2010, c. 33, s. 39; S.M. Every elected member of the committee of a local urban district is to be elected by a vote of the whole of the district. Subject to subsection (3), section 124 applies with necessary modifications to the committee of a local urban district and its members. (a) the council considers that the money loaned will be used for a purpose that will benefit the municipality; (b) the loan is made to a non-profit organization or municipal participation corporation; (c) the loan is authorized by by-law; and. Council to appoint an auditor for each year. Only the title or an identifying number must be read at each reading of a proposed by-law. (a) provide that approvals of proposed condominium conversions are time-limited, and establish such a time limit; (b) establish criteria, in addition to the criteria under clause (5)(a), that are to be considered when deciding if a proposed condominium conversion is to be approved; and. If, in any proceeding relating to the enforcement of a by-law passed under clause 233(c.1), there is evidence that a building was boarded up on two separate dates, the onus is on the registered owner to prove that the building was not continuously boarded up between those dates. The new regulation under the provincial Municipal Assessment Act pushes the start-date for next cycle to 2023, to be based on property values as of ⦠(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. Required accounting policies and practices. Information from land titles offices and courts. Recent Posts. Every council must establish by by-law the position of chief administrative officer and must appoint a person to the position. Where, before this Act comes into force, an enactment or by-law provides for application of a specified mill rate to an equalized or actual assessment, the enactment or by-law, upon the coming into force of this Act, shall, for 1990 and subsequent years until the enactment or by-law is amended or a new enactment or by-law is passed, be read as applying to the total municipal assessment and not to the equalized or actual assessment and the specified mill rate shall be adjusted downward to a rate that, when applied to the total municipal assessment, results in an amount that does not exceed the amount resulting from application of the specified mill rate to the equalized or actual assessment for 1989. Municipality to arrange code of conduct training. Regulations by Lieutenant Governor in Council, The Lieutenant Governor in Council may make regulations. The Lieutenant Governor in Council may, on the request of the council of a municipality and on the recommendation of the minister, change the name of the municipality by amending the regulation forming the municipality. (b) is separated from one or more of the other parcels or lots by any of the following: (iii) a transmission or distribution line right-of-way for a power, telephone or gas utility, or, (iv) a municipal or provincial drain; (« bien-fonds contigu »), "council" means the council of a municipality and, except in subsection 6(1.1), includes. If the by-law is passed fewer than 180 days before the next general election, it takes effect at the second general election after the by-law is passed. (v) a change in the zoning or permitted uses applicable to the property. (a) prescribing assessment rate schedules for railway roadways, pipelines and gas distribution systems; (b) prescribing classes of assessable property according to size, ownership, type and use of the property; (c) prescribing the percentages of assessed value that apply to classes of property for purposes of determining portioned values under Part 5; (c.1) prescribing the years in which a general assessment must be made; (c.2) prescribing a reference date for each general assessment; (c.3) for the purpose of clauses 9(8)(c) and 13(8)(c), prescribing the time period preceding the applicable reference date during which land must be in an undeveloped and natural state; (d) respecting matters that are incidental to the purposes of this Act and for which no provision is made in this Act. Where, under subsection 11(2) or 11(3), a right, interest or estate in land or an improvement is assessed in the name of a person other than the registered owner of the land, the assessed value of the right, interest or estate is the assessed value of the land or the improvement as if the land or improvement were held by the person as the registered owner of the land or improvement. committee, The Municipal Council Conflict of Interest Act, except subsections 3(1) and 7(4) (application to Winnipeg), sections 9 to 13 (disclosure of assets) and subsection 18(2) (disqualification for failure to file statement), as that Act applies to a councillor, applies with necessary modifications to a person who, (a) is a member of a council committee other than the committee of a local urban district; and, For greater certainty, in relation to a member of a council committee described in subsection (2), a reference in subsection 18(1) (disqualification for violation) and clause 21(2)(a) (penalty for violation) of The Municipal Council Conflict of Interest Act, (a) to a councillor's disqualification from office is to be read as a reference to the disqualification of a member of the council committee from sitting on a committee of the council; and. A by-law under clause 232(1)(c.2) (condominium conversions) may require a person who proposes to engage in a condominium conversion in respect of land that contains, or has contained within the prescribed time period, one or more rental units to obtain the approval of the municipality before submitting a declaration in respect of that land to the appropriate land titles office. Application of Condominium Act definitions. The minister may amend in whole or in part a program approved by the supervisor or prescribed by the minister and the amendment is effective and binding immediately upon notice being given to the municipality. The code of conduct is to set guidelines that define the standards and values that the council expects members to meet in their dealings with each other, employees of the municipality and the public. 1996, c. 9, s. 5; S.M. (a) defining farming purposes for purposes of subsection (2); and. 2013, c. 39, Sch. (b) a part of a building, fixture or structure under clause (a). (i) may do any other thing that the Board considers advisable. Each municipality must ensure that every employee of the municipality who handles or could handle money of the municipality is bonded or otherwise insured for the faithful performance of duties. 2020, c. 22, s. 3. Every meeting of a council or council committee must be conducted in public. If the proponent indicates in the report that he or she wishes to proceed with the formation or dissolution of the municipality, the report becomes the proponent's application to The Municipal Board for formation or dissolution of the municipality. A board or panel may increase the assessed value of the subject property only if the assessor, (a) filed an application under subsection 42(1) that put the assessed value at issue; or. S.M. A person in whose name property is assessed who is of the opinion that any of the circumstances referred to in subsection (1) exist with respect to the property, may apply to an assessor to amend the assessment roll in accordance with that subsection, and the assessor shall, within 60 days of receipt of an application, (a) amend the assessment roll or refuse to amend it; and. Revising the assessed value of a community revitalization property. A person wishing to challenge a derelict building certificate must, within 30 days after the date the derelict building certificate was registered under section 247.8, (a) bring an application in court to set aside the derelict building certificate; and. No individual, other than a registered candidate, and no person acting on the individual's behalf, shall, for the purpose of electing the individual, Registered candidate entitled to copy of voters list. (iv) the second anniversary date of commencement of the construction or substantial renovation, (j) in respect of a geothermal heating system used to heat a building on property that is within the classes of property prescribed under clause 6(1)(b) as "Residential 1", the portion of the system that lies below the surface outside the building; (« biens imposables »), "assessed value" means the value that is determined by an assessment under Part 5 or as revised on an application or an appeal under Part 8 and does not include a portioned value based on a percentage of value under subsection 17(14); (« valeur déterminée »), "assessment roll" means a document that records assessments that are made in respect of properties described in the document and includes a real property assessment roll, a personal property assessment roll and a business assessment roll; (« rôle d'évaluation »). 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May authorize a signature required under this part, an employee of the municipality the inspection remedy.
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