The Municipal Act

The Municipal Act, C.C.S.M. c. M225 (Assented to November 19, 1996) bilingual version (HTML) Table of Contents Section PART 1 DEFINITIONS AND MUNICIPAL PURPOSES 1 Definitions 2 Indian Reserves excluded 3 Municipal purposes PART 2 FORMATION, FUNDAMENTAL CHANGES AND DISSOLUTION 4 Types of municipalities that may be formed MUNICIPALITIES OUTSIDE THE BOUNDARIES OF WINNIPEG 5 Definitions 6 Unorganized territory 7 Regulations by minister 8 Joint proposal re non-contiguous land 9 Application of sections 10 to 31 10-13 Proposals 14-18 Report by proponent 19-23 Consideration by Municipal Board 24-27 Report by Municipal Board 28 No further proposals for one year 29-31 Formation and dissolution regulations 32-33 Change of name regulation 34-36 Proposal to amalgamate or annex 37 Report by proponent 38 Application of sections 16 to 22 39 Duties and powers of Municipal Board 40-43 Report by Municipal Board 44 No further proposals for one year 45-49 Regulations re amalgamation and annexation 50-53 General provisions re regulations LOCAL URBAN DISTRICTS 54 Interpretation of sufficient petition 55 Repealed 56-64 Formation of local urban district 65 Amendment to formation regulation 66-68 Dissolution of local urban district 69 Transitional and other matters FORMATION OF RURAL MUNICIPALITIES AND ANNEXATION OF LAND FROM THE CITY OF WINNIPEG 70-76 Formation and annexation PART 3 COUNCILS GENERAL 77 Council is governing body 78-81 Composition 82 Council's role 83 Duties of members 84 Confidential matters 84.1-84.2 Code of conduct for members of council 85 Delegation ELECTIONS 86 General election every four years 87 Election by municipality or by ward 88-89 Division into wards 90-92 Eligibility for nomination and election 93 Repealed 93.1-93.2 Campaign financing 93.3-93.5 Registration of candidates 93.6-93.8 Contributions 93.9-93.10 Loans 93.11 Duties of registered candidate 93.12 Candidate to file election finance statement 93.13 Audit may be required 93.14 Claims for campaign expenses 93.15 Surplus payable to municipality 93.16 Failure by elected candidate to file statement 93.17-93.18 Tax credits, rebates and reimbursements 93.18.1-93.18.2 General matters concerning elections 93.19 Offence and penalty 94-97 Disqualification of member 98 Repealed 99 Term of office after general election 100 First meeting of council after election 101 Oath of office 102 Vacancy after general election 103 Administrator if no council or quorum 104 Resignation of member 105 By-election to fill vacancy on council 106 Term of office of appointed member COUNCIL COMMITTEES 107-109 Council committees CONFLICT OF INTEREST 110-111 Application of Conflict of Interest Act to committees LOCAL URBAN DISTRICTS 112-117 Committees of local urban districts 118 Service plans 119 Application of Part 6, Division 1 120 Duties of council 121 Prohibition re taxes 122 Resolution of disputes 123 Repealed COMPENSATION 124 Members of councils and committees PART 4 CHIEF ADMINISTRATIVE OFFICER, DESIGNATED OFFICERS AND CODE OF CONDUCT FOR EMPLOYEES 125-129 Chief administration officer 130-131 Designated officers 131.1 Employee code of conduct PART 5 PRACTICE AND PROCEDURES 132 Council to designate municipal office 133 Minutes of council meetings 134 Signing agreements, cheques, etc. 135 Quorum for council meetings 136-138 Voting 139 Council reconsidering decision 140 Methods by which a council may act 141 Resolutions 142-147 By-laws 147.1 Maintaining French-language services by-law 148 Organizational by-law 149 Procedures by-law 150 Meeting by electronic means 151 Special meetings 152 Meetings to be conducted in public 153-159 Petitions 160 Public hearings PART 6 FINANCIAL ADMINISTRATION FINANCIAL PLANS 161 Fiscal year 162 Financial plan for fiscal year 162.1 Regulations — financial reporting 163 Interim operating budget 164 Operating budget 165 Anticipated deficiency 166 Capital budget 167 Capital expenditure program 168 Reserve funds 169 Expenditures 170 Employees to be bonded 171 Offence BORROWING, LENDING AND INVESTMENTS 172-179 Borrowing 180 Municipality may make loans 181 Authorized investments ANNUAL FINANCIAL STATEMENTS AND AUDITOR'S REPORT 182 "Auditor" defined 183 Annual financial statements 184-189 Audit 190 Auditor's report 191-192 Information provided to minister 193 Report to head of council and minister 194 Public notice of report 195 Report to head of audited body 196 Council to advise minister of action 197 Auditor or minister as commissioner 198 Offence and penalty AUDIT CONDUCTED BY AUDITOR GENERAL 198.1 Audit by Auditor General MUNICIPALITIES IN FINANCIAL DIFFICULTIES 199-207 Supervision 208-217 Administration 218-226 Receivership 227 Regulations 228 Offence and penalty PART 7 BY-LAWS: GENERAL JURISDICTION APPLICATION 229 Geographic application of by-laws 230 By-law inconsistent with other legislation SPHERES OF JURISDICTION 231 Guide to interpretation 232 Spheres of jurisdiction 233-236 Content of certain by-laws 237 No licence for sale of own produce 238 Fee in addition to other taxes ENFORCEMENT OF BY-LAWS 239-240 Inspections 241 Repealed 242-244 Order to remedy 245-247 Municipality remedying contraventions 247.1-247.13 By-law re derelict building orders, second notices and certificates 248 Application to court to enforce by-law 249 Contravention of by-law is an offence 249.1 Proof of boarding up PART 8 CORPORATE POWERS 250 Municipality is corporation 251 Power to acquire property 251.1 Public tendering and procurement policy 252 Powers re works, services, utilities 253 Powers re agreements and funds 254 Expropriation 255 Land acquired in other municipality 256 Municipal cemeteries 257 Municipality not to assert lack of authority 258 Economic development 259 Tax sharing agreements 259.1 Application to City of Winnipeg 260 Providing service to other municipality 261 Grants by municipalities 261.1 Definitions 261.2 Establishing financial assistance programs 261.3 Establishing tax increment financing programs PART 9 DUTIES OF MUNICIPALITIES 262 Retention and disposition of municipal records 263 Access to municipal records 264-270 Fire protection services 271-281 Repealed 282-284 Physically disabled persons' parking 285-294 Municipal roads 294.1 Drains 295 Inter-municipal roads, bridges and drains 296-297 Drownings and unclaimed bodies PART 10 POWERS OF TAXATION GENERAL 298 Definitions 299 Liability for taxes in respect of property 300 Annual tax roll 301 False information 302 Annual tax notices 303 Receipt for taxes paid PROPERTY TAXES 304 Property tax by-law BUSINESS TAX 305-309 Business tax MOBILE HOMES 309.1 Mobile homes LOCAL IMPROVEMENTS AND SPECIAL SERVICES 310 "Potential taxpayer" defined 311 Local improvement 312 Special service 313-315 Plans and proposals 316 Basis for calculating taxes 317 Local improvement districts and special services areas 318 Notice of plan or proposal and public hearing 319 Objection to plan or proposal 320 By-law to approve plan or proposal 321 Hearing by Municipal Board 322 Amendment after subdivision, consolidation or change in plan 323 Agreement re land for local improvement 324 Excess taxes 325 Prepayment of local improvement taxes SUPPLEMENTARY TAXES 326-328 Supplementary taxes SHORT-TERM ACCOMMODATION TAX 328.1 Definitions 328.2 Short-term accommodation tax by-law 328.3 Exemption from tax 328.4 Application to City of Winnipeg AMUSEMENT TAX 329-333 Amusement tax GRANTS IN LIEU OF TAXES 334 Definitions 335 Grants payable in lieu of taxes 336 M.P.I.C. 337 Leaf Rapids Town Properties Ltd. 338 Application to City of Winnipeg PART 11 TAX AND DEBT COLLECTION 339 "Taxes" and "tax arrears" defined 340 Application of payments 341 Tax certificate 342 Collection remedies 343 Repayment of taxes paid under protest 344 Discount for prepayment 345 Instalments 346 Penalties 347 Liens for taxes 348-358 Seizure and sale of goods 359 Removal of improvements 360 Demand to tenant 361 Notification of insurance proceeds 362 Demand to purchaser of oil or gas 363-381 Tax sales of real property PART 12 LIABILITY OF MUNICIPALITIES AND OTHER LEGAL MATTERS CHALLENGING BY-LAWS AND RESOLUTIONS 382 Application for declaration of invalidity 383 Time limit 384 No challenge on certain grounds LIABILITY OF MUNICIPALITIES 385 Definitions 386 Municipal roads 387 Building inspections 388 Limited liability for public facility 389 Utilities or services 390 Water overflow 391 Standard of care re fire services 392 Exercise of discretion 393 Remedying contravention of by-law 394 Negligent supervision 395 Nuisances 396 Notice requirement JUDGMENTS AGAINST MUNICIPALITIES 397-401 Judgment against municipalities INDEMNIFICATION OF COUNCIL MEMBERS, MUNICIPAL EMPLOYEES AND VOLUNTEERS 402-404 Indemnification PART 13 MUNICIPAL EMPLOYEES PENSIONS 405 Retiring grant or annuity 406 Pension plan required 407 Definitions 408 Municipal Employees Benefits Board 409-413 Municipal Employees Benefits Fund and Pension Plan 414-416 Repealed PART 14 MISCELLANEOUS 417-419 Regulations 420-422 Notice and service 423 Certified copies of records 424 Deemed change of certain terms PART 15 TRANSITIONAL PROVISIONS 425-437 Transitional provisions 438 Repealed 439-445 Transitional provisions PART 16 CONSEQUENTIAL AMENDMENTS 446-477 Amendments to other Acts PART 17 REPEAL, C.C.S.M. REFERENCE, COMING INTO FORCE 478 Repeal 479 C.C.S.M. reference 480 Coming into force HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: PART 1 DEFINITIONS AND MUNICIPAL PURPOSES DEFINITIONS Definitions 1(1) In this Act, "assessment"  means an assessment prepared under The Municipal Assessment Act for the purpose of municipal taxation of property; (« évaluation ») "assessment roll"  means an assessment roll as defined in The Municipal Assessment Act ; (« rôle d'évaluation ») "borrowing"  means a borrowing as defined in section 172; (« emprunt ») "business"  means (a) a commercial, merchandising or industrial activity or undertaking, (b) a profession, trade, occupation, calling or employment, or (c) an activity providing goods or services, whether or not carried on continuously or on an intermittent or one time basis and whether or not for profit, and however organized or formed, and includes a co-operative and an association of persons; (« entreprise ») "by-election"  means an election to fill a vacancy on a council other than at a general election; (« élection partielle ») "capital property"  means property that (a) is used in the production or supply of goods and services or is used for a municipal purpose, (b) has a useful life extending beyond 12 months and is intended to be used on a continuing basis, and (c) is not intended for sale in the ordinary course of operations; (« immobilisations ») "chief administrative officer"  means a person appointed as a chief administrative officer under subsection 125(1); (« directeur général ») "common-law partner" of a person means a person who, not being married to the other person, is cohabiting with him or her in a conjugal relationship of some permanence; (« conjoint de fait ») "council"  means the council of a municipality; (« conseil ») "council committee"  means a committee, or other body established by a council under subsection 148(2), and includes the committee of a local urban district; (« comité du conseil ») "council meeting"  means a regular meeting or special meeting of a council, but does not include a public hearing held by a council; (« réunion du conseil ») "court"  means the Court of King's Bench; (« tribunal ») "designated officer"  means a person appointed to a position established under section 130; (« cadre désigné ») "family" includes a common-law partner; (« famille ») "general election"  means an election held in a municipality under section 86 (general election of council every four years); (« élections générales ») "improvement"  means an improvement as defined in The Municipal Assessment Act ; (« amélioration ») "land"  means land as defined in The Municipal Assessment Act ; (« bien-fonds ») "local authority"  means (a) a planning region or planning district established under The Planning Act , (b) a school district or school division established under The Public Schools Act , (c) a watershed district established or continued under The Watershed Districts Act , (d) a health and social services district board established under The District Health and Social Services Act , (e) [repealed] S.M. 2017, c. 34, s. 20 , (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 (a) information recorded on paper, photographic film, microfilm, sound or video tape or disk, and in a computer system, (b) a copy of the record, and (c) a part of the record; (« document municipal ») "municipal road"  means a municipal road as defined in section 285; (« chemin municipal ») "municipality"  means a municipality that is continued or formed under this Act; (« municipalité ») "non-profit organization"  means (a) a corporation that is prohibited from paying dividends to its members and distributing the assets to its members on a winding-up, or (b) any other entity established under a law of Manitoba or Canada for a purpose other than to make a profit, but does not include a credit union, caisse populaire or co-operative established under a law of Manitoba or Canada; (« organisme sans but lucratif ») "place" , in relation to a meeting or hearing conducted by means of an electronic or other communication facility, includes the electronic or other communication facility; (« lieu ») "real property"  means real property as defined in The Municipal Assessment Act ; (« biens réels ») "requisition"  means an amount that a municipality is required to levy and collect on behalf of another entity; (« réquisition ») "resident"  means a person whose ordinary place of residence is within the municipality; (« résident ») "tax arrears"  means tax arrears as defined in section 339; (« arriéré de taxes ») "taxpayer"  means a person liable to pay a tax imposed by a municipality; (« contribuable ») "The Municipal Board"  means The Municipal Board established under The Municipal Board Act ; (« Commission municipale ») "voter" means a person eligible under The Municipal Councils and School Boards Elections Act to vote at an election of members of a council; (« électeur ») "youth member"  means a person appointed by a council under section 81. (« jeune conseiller ») Meaning of "must" and "shall" 1(2) Whenever this Act provides that a thing "shall" be done or "must" be done, the obligation is imperative. References to population 1(3) A reference in this Act to the population of a municipality or other area means the population of the municipality or area as shown by the most recent census taken and available under the Statistics Act (Canada). Registered common-law relationship 1(4) 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. S.M. 2002, c. 24, s. 42 ; S.M. 2002, c. 48, s. 28 ; S.M. 2004, c. 2, s. 31 ; S.M. 2005, c. 27, s. 158 ; S.M. 2013, c. 54, s. 50 ; S.M. 2017, c. 34, s. 20 ; S.M. 2018, c. 6, s. 43 ; S.M. 2021, c. 36, s. 78 ; S.M. 2021, c. 46, s. 2 . Indian Reserves excluded 2 Despite any Act of the Legislature, (a) land within an Indian Reserve is not part of the area of any municipality; (b) persons residing within an Indian Reserve are not residents of any municipality; and (c) any description of the boundaries of a municipality or the area within a municipality is deemed to provide that land within an Indian Reserve is excluded from the municipality. MUNICIPAL PURPOSES Municipal purposes 3 The purposes of a municipality are (a) to provide good government; (b) to provide services, facilities or other things that, in the opinion of the council of the municipality, are necessary or desirable for all or a part of the municipality; and (c) to develop and maintain safe and viable communities. PART 2 FORMATION, FUNDAMENTAL CHANGES AND DISSOLUTION DIVISION 1 TYPES OF MUNICIPALITIES Types of municipalities that may be formed 4(1) The following types of municipalities may be formed under this Part: (a) an urban municipality; (b) a rural municipality. Urban municipality 4(2) An urban municipality may be formed for an area with at least 1,000 residents and a population density of at least 400 residents per square kilometre. Rural municipality 4(3) A rural municipality may be formed for an area with at least 1,000 residents and a population density of less than 400 residents per square kilometre. Exception for amalgamation of municipalities 4(4) A municipality may be formed by the amalgamation of two or more municipalities even though the municipality formed may have a population of less than 1,000 residents. Municipality in remote area 4(5) A municipality may be formed for an area that is part of an existing municipality where that area is (a) remote; and (b) not contiguous to another municipality. S.M. 1999, c. 28, s. 2 . DIVISION 2 MUNICIPALITIES OUTSIDE THE BOUNDARIES OF WINNIPEG SUBDIVISION 1 GENERAL Definitions 5(1) In this Division, "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 (i) a public road allowance, (ii) a railway right-of-way, (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 responsible for that Act has the powers, rights and privileges that an incorporated community has within its boundaries under The Northern Affairs Act . (« territoire non organisé du Nord ») Application of Division to Winnipeg and to land in Winnipeg 5(2) 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. S.M. 1999, c. 28, s. 3 ; S.M. 2000, c. 35, s. 59 ; S.M. 2006, c. 34, s. 262 ; S.M. 2022, c. 24, s. 24 . Application of Division to unorganized territory 6(1) This Division applies to unorganized territory and to the minister responsible for the administration of The Northern Affairs Act to the extent described in this section. Formation and annexation proposals 6(2) Land in unorganized territory is deemed to be in a municipality for the purpose of a proposal, application or regulation under this Division for (a) the formation of a municipality from unorganized territory; or (b) the annexation by a municipality of land in unorganized territory. Minister as a municipality 6(3) The minister responsible for the administration of The Northern Affairs Act is a municipality in relation to a proposal or application that may have the result of including land that was formerly in a municipality in unorganized territory in Northern Manitoba. S.M. 1999, c. 28, s. 4 ; S.M. 2000, c. 35, s. 59 ; S.M. 2021, c. 5, s. 34 . Regulations by minister 7 The minister may by regulation (a) designate bodies as local authorities for the purpose of clause (g) of the definition "local authority" in subsection 1(1); and (b) establish principles, standards or criteria to be taken into account in considering the formation, dissolution, change of name or amalgamation of municipalities or the annexation of land from municipalities under this Division. Joint proposal to annex non-contiguous land 8(1) A proposal to annex to a municipality land that is not contiguous to any portion of the municipality's boundary must be made jointly by the municipality that seeks to annex the land and the municipality that seeks to surrender the land for annexation. Only one proposal or application permitted 8(2) 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. S.M. 1998, c. 33, s. 2 . SUBDIVISION 2 FORMATION AND DISSOLUTION Application 9 This Subdivision does not apply (a) to the formation of a municipality by amalgamation; or (b) to the dissolution of a municipality as a result of annexation. PROPOSALS Proponents 10(1) A proposal to form or dissolve a municipality may be initiated by (a) the minister; (b) the council of a municipality; or (c) at least 30% of the persons (i) who would be voters of the municipality proposed to be formed, or (ii) who are voters of the municipality proposed to be dissolved. Formation proposal for Northern Manitoba 10(2) Despite clause (1)⁠(a), the minister and the minister responsible for the administration of The Northern Affairs Act must jointly initiate a proposal to form a municipality from unorganized territory in Northern Manitoba. Initiating a proposal 10(3) A proponent may initiate a proposal to form or dissolve a municipality by filing a written proposal with The Municipal Board. Proposal by voters 10(4) A proposal by persons who would be voters of the municipality proposed to be formed or who are voters of the municipality proposed to be dissolved must be accompanied by a sufficient petition. S.M. 1999, c. 28, s. 5 ; S.M. 2000, c. 35, s. 59 ; S.M. 2005, c. 27, s. 158 ; S.M. 2021, c. 5, s. 34 . Sufficiency of petition 11(1) A petition is sufficient if it complies with this section. Information about each petitioner 11(2) A petition must include the following: (a) in printed form, the name, including the given name or initials, if any, of each petitioner; (b) each petitioner's signature; (c) the date on which each petitioner signs the petition; (d) the address of each petitioner's residence; (e) in the case of a petition to form a municipality, a statement that each petitioner is eligible to be a voter of the proposed municipality; (f) in the case of a petition to dissolve a municipality, a statement that each petitioner is a voter of the municipality. Manner of witnessing signature on a petition 11(3) Each signature on the petition must be witnessed by an adult person who must (a) sign opposite the signature of the petitioner; and (b) make a statutory declaration that to the best of the witness's knowledge the signature witnessed is that of a person eligible to sign the petition. Number of petitioners required 11(4) A petition must be signed by not less than 30% of the persons (a) who would be voters of the municipality proposed to be formed; or (b) who are voters of the municipality proposed to be dissolved. Counting the number of petitioners 11(5) In determining whether the required number of persons have signed the petition, a person's name is not to be counted if (a) the information required under subsection (2) about the petitioner is not provided or the information, other than the signature, is not legible and cannot easily be determined by the secretary of The Municipal Board; (b) the person's signature is not witnessed, or the witness has not made the statutory declaration required under clause (3)⁠(b); or (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). Representative of petitioners 11(6) The petition must have attached to it a signed statement of the individual named as the representative of the petitioners under clause 12(e) that he or she is so named and that any inquiry or notice respecting the petition may be directed to the individual at an address that is set out in the statement. Filing of petition 11(7) A petition must be filed with the secretary of The Municipal Board. Secretary to determine sufficiency of petition 11(8) The secretary must determine the sufficiency of the petition not later than 30 days after it is filed. Process where petition is not sufficient 11(9) 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). Re-filing of petition 11(10) The petition may be re-filed, with or without changes, with the secretary within 30 days after notice is given under subsection (9), and subsections (2) to (8) apply to the re-filed petition. No change in petition after filing or re-filing 11(11) No name may be added to or removed from a petition after it is filed under subsection (7) or re-filed under subsection (10), except an addition or removal made after a notice is given under subsection (9) and before the petition is re-filed. S.M. 1998, c. 33, s. 3 ; S.M. 2005, c. 27, s. 158 ; S.M. 2022, c. 50, s. 8 . Content of proposal 12 A proposal must include (a) a statement that the proposal is (i) to form a municipality with the status, name and boundaries set out, or (ii) to dissolve a specified municipality; (b) the reasons for the proposal; (c) the name of each municipality and local authority that could be affected by the formation or dissolution of the proposed municipality; (d) a description of a process for consulting about the proposal with (i) local authorities that could be affected by the formation or dissolution of the municipality, and (ii) the public; and (e) the name of the representative of the petitioning voters if the proposal is initiated by persons who would be voters of the municipality proposed to be formed or who are voters of the municipality proposed to be dissolved. S.M. 2005, c. 27, s. 158 . Notice when minister is proponent 13(1) When the minister is the proponent, he or she must without delay give a copy of the proposal to every municipality and local authority that could be affected by it. Notice when council is proponent 13(2) When the council of a municipality is the proponent, it must without delay give a copy of the proposal to (a) the minister; and (b) every other municipality and every local authority that could be affected by it. Notice when voters are proponents 13(3) When a proposal is initiated by persons who would be voters of the municipality proposed to be formed or are voters of the municipality proposed to be dissolved, the representative of the persons must without delay give a copy of the proposal to (a) the minister; and (b) every municipality and local authority that could be affected by it. S.M. 2005, c. 27, s. 158 . REPORT BY PROPONENT Application of section 14(1) This section does not apply to a proposal to form a municipality made by the council of the municipality in which all the land to be included in the proposed municipality is located. Negotiations and consultations 14(2) Without delay after the proposal is filed with The Municipal Board and copies of the proposal are given under section 13, the proponent must (a) meet with affected municipalities to discuss the proposal and to negotiate it in good faith; and (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. Report on negotiations and consultations 14(3) Without delay after concluding the negotiations and consultations, the proponent must prepare a report that describes the results of the negotiations and consultations and that includes (a) a description of the negotiations undertaken and a summary of the views expressed; (b) a description of matters agreed on and those not agreed on by the proponent and affected municipalities; (c) a description of the consultations undertaken and a summary of the views expressed; (d) a statement of the content of the original proposal and particulars of any amendments to the proposal made in the report and the reasons for them; (e) a list of studies prepared by or for the proponent respecting the proposal and a summary of their findings; and (f) a statement as to whether the proponent intends to proceed with the proposal at all or as initiated or in an amended form. Report to Municipal Board 14(4) The proponent must without delay file with The Municipal Board the report and a copy of each study prepared by or for the proponent. Consultations and report when no negotiations 15 A municipality that initiates a proposal for the formation of a municipality from land all of which is located in the proponent municipality must without delay (a) 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; (b) prepare a report that includes the matters described in clauses 14(3)⁠(c) to (f); and (c) file with The Municipal Board the report and a copy of each study prepared by or for the proponent. Notice and public availability of report 16(1) The proponent must without delay (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 (b) when requested by any person, (i) make a copy of the report or any study prepared by or for the proponent available for inspection by the person, and (ii) provide a copy of the report or study to the person on payment of an amount not exceeding the charge for copies of documents under Division 2 (Access to Information) of Part 9 or make a copy available for copying by the person. Response when report inaccurate 16(2) Within 30 days after the report is submitted to The Municipal Board, any person who believes that the report does not accurately or completely satisfy the requirements of subsection 14(3) or clause 15(b), as the case may be, may file with the Board a response to the report, setting out the areas of the report that the person alleges to be inaccurate or insufficient and particulars of those matters. Giving copies of response 16(3) The person must without delay after filing the response (a) give a copy of the response to the proponent and any person to whom the proponent was required to give a copy of the proposal under section 13; and (b) make a copy of the response available for inspection and copying by any person who requests it. When report or consultation insufficient 17 If The Municipal Board determines (a) that the report (i) does not accurately or sufficiently meet the requirements of subsection 14(3) or clause 15(b), as the case may be, or (ii) is inadequate in form; or (b) that the consultation about the proposal was not sufficient in the circumstances, it may require the proponent to remedy the deficiency in the report or consultation. Notice when report not to be considered 18 When (a) a proponent indicates in the report that he or she does not wish to proceed with the formation of the municipality; and (b) The Municipal Board decides not to consider the application; The Municipal Board must without delay give notice to the proponent, every person to whom the proponent was required to give a copy of the proposal under section 13 and anyone else the Board considers should be notified. CONSIDERATION BY MUNICIPAL BOARD Report to be application 19 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. Procedure on general agreement 20(1) If the proponent wishes the formation or dissolution to proceed and The Municipal Board is satisfied that there is general agreement among the persons to whom the proponent is required to give a copy of the proposal under section 13 and the public, the Board must notify those persons, the public and anyone else the Board considers should be notified, that (a) there appears to be general agreement with the proposal; and (b) unless an objection is filed with The Municipal Board by a specified date by (i) a person to whom the proponent is required to give a copy of the proposal under section 13, or (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, the Board will make its recommendation to the minister without holding a public hearing. When no objection 20(2) 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). S.M. 2005, c. 27, s. 158 . When hearing required 21(1) 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 (i) a person to whom the proponent is required to give a copy of the proposal under section 13, or (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 (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. When hearing may be held 21(2) The Municipal Board may hold a hearing even though the proponent does not wish the formation or dissolution to proceed and may make any order it considers necessary as to the nature of the application and the conduct of the matter before the Board. S.M. 2005, c. 27, s. 158 . Notice and conduct of hearing 22(1) 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 (b) hold a hearing to consider the application and allow any affected person to appear before the Board at a hearing. Notice of hearing 22(2) The Municipal Board must give notice of the day, time and place of the hearing in accordance with The Municipal Board Act . Duties and powers in making decision 23(1) In deciding whether to recommend a formation or dissolution application, The Municipal Board (a) must consider the application in relation to the principles, standards and criteria established under clause 7(b) on the formation or dissolution of municipalities; (b) must consider the evidence and submissions made at any public hearing the Board holds; (c) may investigate, analyse and make findings of fact about the formation or dissolution and its potential effect on each affected municipality and local authority and on the residents and property owners of the municipality proposed to be formed or dissolved; (d) may (i) in the case of a formation application, consider the viability, including the financial viability, of (A) the proposed municipality operating as a separate entity, and (B) any remaining part of a municipality continuing to operate as a separate entity, and (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 (g) may do any other thing that the Board considers advisable. Failure to conduct study 23(2) Despite anything in this Division, The Municipal Board may decline to consider the position of a person, municipality or local authority that fails to comply with a request under clause (1)⁠(e). Vote held by municipality 23(3) If a municipality 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 Municipal Board. Vote held by minister 23(4) 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 of the minister. Statutes and Regulations Act does not apply 23(5) The Statutes and Regulations Act does not apply to a direction under subsection (4). S.M. 2005, c. 27, s. 158 ; S.M. 2013, c. 39, Sch. A, s. 75 . REPORT OF MUNICIPAL BOARD Report by Municipal Board 24(1) The Municipal Board must prepare a written report of its findings, its recommendations and the reasons for the recommendations and send the report to the minister. Content of report 24(2) A report by The Municipal Board to the minister (a) must include a summary of the matters considered or actions taken under subsection 23(1); (b) must make a recommendation as to whether the proposed municipality should be formed or the municipality should be dissolved and the reasons for the recommendation; (c) if the Board recommends the formation of the proposed municipality, must set out (i) the status of the proposed municipality as an urban or rural municipality, its name and a description of its boundaries, and (ii) any terms, conditions and other things the Board considers necessary or desirable to implement the formation. Notice of report 24(3) The Municipal Board must without delay (a) give a copy of its report to the proponent and any person to whom the proponent is required to give a copy of the proposal under section 13; (b) notify every affected municipality that it must make a copy of the report available for inspection at the municipal office on request; and (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. Availability of report 24(4) An affected municipality must make a copy of the report available for inspection at its municipal office for a reasonable period after receipt of the notice. Copy of report to be provided on payment of fee 24(5) The chief administrative officer must provide a copy of the report to a person who pays any fee set for the report by the council. Fee 24(6) The fee must not exceed a comparable fee payable under The Freedom of Information and Protection of Privacy Act . S.M. 2001, c. 30, s. 2 . Referral of report by minister 25 The minister must refer a report of The Municipal Board to the Lieutenant Governor in Council. Reference to Municipal Board 26 If the minister has referred a report of The Municipal Board to the Lieutenant Governor in Council, the Lieutenant Governor in Council, whether or not it has made a regulation in relation to the report, may (a) refer any matter relating to the formation or dissolution of the municipality to The Municipal Board for its consideration and recommendations; and (b) request the Board to make recommendations on any other matter that the Lieutenant Governor in Council considers relevant. Notice when no regulation is made 27 If no formation or dissolution regulation is to be made in relation to a report of The Municipal Board, the minister must notify (a) the proponent and every affected municipality and local authority; and (b) each person who filed with the Board a document indicating support for or objection to the application. No further proposals for one year 28 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 (b) from the date of the last notice under section 27. FORMATION AND DISSOLUTION REGULATIONS Validity of formation or dissolution regulation 29 A formation or dissolution regulation is not invalid by reason only that it (a) varies or does not give effect to a recommendation or is not recommended in a report; or (b) varies or does not give effect to one or more of the other terms, conditions or things in the report. Formation regulation 30(1) The Lieutenant Governor in Council may form a municipality by regulation. Requirements of regulation 30(2) A formation regulation must (a) describe the boundaries of the municipality to be formed; (b) give the municipality the status of an urban municipality or a rural municipality; (c) in the case of a rural municipality, give it the name of "The Rural Municipality of [insert name]" or "The Municipality of [insert name]"; (d) in the case of an urban municipality, give it the name of "The City of [insert name]", "The Town of [insert name]", "The Village of [insert name]" , "The Municipality of [insert name]" or "[insert name] Municipality"; (d.1) in the case of a municipality that is formed by the amalgamation of two or more municipalities, give it the name of "The Municipality of [insert name]", or such other name as may be approved by the minister; and (e) state the number of members of the council. Limitation on naming cities 30(3) No regulation may name an urban municipality as a city unless it has a population of at least 7,500 residents. Additional regulation-making powers 30(4) A formation regulation may (a) establish wards and describe their boundaries; (b) appoint an official administrator or chief administrative officer until the first council is sworn into office; and (c) subject to any conditions the Lieutenant Governor in Council considers appropriate, permit the council of a municipality from which a municipality is formed or the official administrator or chief administrative officer to exercise all of the powers of the council of the municipality. Repeal of regulation under clause (2)⁠(e) or (4)⁠(a) 30(5) Unless a provision of a regulation made under clause (2)⁠(e) or (4)⁠(a) specifies that it is repealed on an earlier day, any provision of a regulation made under clause (2)⁠(e) or (4)⁠(a) is deemed to be repealed on the day the council of the municipality passes a by-law under section 79 (number of councillors) or section 87 (election on basis of wards). S.M. 1998, c. 33, s. 4 ; S.M. 2015, c. 43, s. 34 ; S.M. 2026, c. 37, s. 51 . Dissolution regulation 31(1) The Lieutenant Governor in Council may dissolve a municipality by regulation. Requirements of regulation 31(2) A dissolution regulation may (a) direct that all or part of the land in the dissolved municipality becomes part of another municipality; and (b) provide for the winding up of the municipality. SUBDIVISION 3 PROCEDURE FOR CHANGE OF NAME Change of name regulation 32 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. Effect of name change 33(1) The change of a name of a municipality does not affect any obligation, right, action or property of the municipality. Use of former name 33(2) The use of the former name of the municipality in any proceedings, agreements, notices or documents after the name is changed does not affect their validity. SUBDIVISION 4 AMALGAMATION AND ANNEXATION PROPOSALS Proponents 34(1) A proposal to amalgamate two or more municipalities or for the annexation by a municipality of land from another municipality may be initiated by (a) the minister; or (b) the council of a municipality. Initiating a proposal 34(2) A proponent may initiate a proposal under subsection (1) by filing a written proposal with The Municipal Board. Content of proposal 35 A proposal must include (a) a statement that the proposal is for the amalgamation of two or more municipalities or for the annexation by a municipality of land from another municipality; (b) the names of the municipalities proposed to be amalgamated or a description of the area of land to be annexed and the municipality in which it is located; (c) the reasons for the proposal; (d) the name of each municipality and local authority that could be affected by the proposed amalgamation or annexation; (e) if a local urban district is proposed to be formed in connection with an amalgamation, a description of the area of the proposed local urban district; and (f) a description of a process for consulting about the proposal with (i) local authorities that could be affected by the proposed amalgamation or annexation, and (ii) the public. Notice when minister is proponent 36(1) When the minister is the proponent, he or she must without delay give a copy of the proposal to every municipality and local authority that could be affected by it.

Notice when council is proponent 36(2) When the council of a municipality is the proponent, it must without delay give a copy of the proposal to (a) the minister; and (b) every other municipality and every local authority that could be affected by it. REPORT BY PROPONENT Negotiations and consultations 37(1) Without delay after the proposal is filed with The Municipal Board and copies of the proposal are given under section 36, the proponent must (a) meet with affected municipalities to discuss the proposal and to negotiate it in good faith; and (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. Report on negotiations and consultations 37(2) Without delay after concluding the negotiations and consultations, the proponent must prepare a report that describes the results of the negotiations and consultations and that includes (a) a description of the negotiations undertaken and a summary of the views expressed; (b) a description of matters agreed on and not agreed on by the proponent and affected municipalities; (c) a description of the consultations undertaken and a summary of the views expressed; (d) a statement of the content of the original proposal and particulars of any amendments to the proposal made in the report and the reasons for them; (e) a list of studies prepared by or for the proponent respecting the proposal and a summary of their findings; and (f) a statement as to whether the proponent intends to proceed with the proposal at all or as initiated or in an amended form. Report to Municipal Board 37(3) The proponent must without delay file with The Municipal Board the report and a copy of each study prepared by or for the proponent. Application of sections 16 to 22 38 Sections 16 to 22 apply with such modifications as the circumstances require to a proposal for the amalgamation of two or more municipalities or to the annexation by a municipality of land in another municipality. Duties and powers in making decision 39(1) In deciding whether to recommend an amalgamation or annexation application, The Municipal Board (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; (b) must consider the evidence and submissions made at any public hearing the Board holds; (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; (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) 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 (i) may do any other thing that the Board considers advisable. Failure to conduct study 39(2) Despite anything in this Division, The Municipal Board may decline to consider the position of a person, municipality or local authority that fails to comply with a request under clause (1)⁠(e). Vote held by municipality 39(3) If a municipality 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 Municipal Board. Vote held by minister 39(4) 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. Statutes and Regulations Act does not apply 39(5) The Statutes and Regulations Act does not apply to a direction under subsection (4). S.M. 2005, c. 27, s. 158 ; S.M. 2013, c. 39, Sch. A, s. 75 . REPORT OF MUNICIPAL BOARD Report of Municipal Board 40(1) The Municipal Board must prepare a written report of its findings, its recommendations and the reasons for the recommendations and send the report to the minister. Content of report 40(2) A report by The Municipal Board to the minister (a) must include a summary of the matters considered or actions taken under section 39; (b) must set out a recommendation as to whether the proposed municipality should be formed or the land should be annexed by the municipality and the reasons for the recommendation; (c) if the Board recommends the formation of the proposed municipality, must set out (i) the status of the proposed municipality as an urban or rural municipality, its name and a description of its boundaries, and (ii) any terms, conditions and other things the Board considers necessary or desirable to implement the formation; and (d) if the Board recommends the annexation of land from the municipality, must set out (i) a description of the land, and (ii) any terms, conditions and other things the Board considers necessary or desirable to implement the annexation. Notice of report 40(3) The Municipal Board must without delay (a) give a copy of its report to the proponent and any person to whom the proponent is required to give a copy of the proposal under section 36; (b) notify every affected municipality that it must make a copy of the report available for inspection at the municipal office on request; and (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. Availability of report 40(4) An affected municipality must make a copy of the report available for inspection at its municipal office for a reasonable period after receipt of the notice. Copy of report to be provided on payment of fee 40(5) The chief administrative officer must provide a copy of the report to a person who pays any fee set for the report by the council. Fee 40(6) The fee must not exceed a comparable fee payable under The Freedom of Information and Protection of Privacy Act . S.M. 2001, c. 30, s. 3 . Referral of report by minister 41 The minister must refer a report of The Municipal Board to the Lieutenant Governor in Council. Reference to Municipal Board 42 If the minister has referred a report to the Lieutenant Governor in Council, the Lieutenant Governor in Council, whether or not it has made a regulation in relation to the report, may (a) refer any matter relating to the amalgamation of municipalities or the annexation of land from a municipality to The Municipal Board for its consideration and recommendations; and (b) request the Board to make recommendations on any other matter that the Lieutenant Governor in Council considers relevant. Notice when no regulation is made 43 If no amalgamation or annexation regulation is made in relation to a report of The Municipal Board, the minister must notify (a) the proponent and every affected municipality and local authority; and (b) each person who filed with the Board a document indicating support for or objection to the application. No further proposals for one year 44 A person, other than the minister, who initiates a proposal to amalgamate municipalities or to annex land from a municipality must 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 proposal; or (b) from the date the last notice under section 43 is given. AMALGAMATION AND ANNEXATION REGULATIONS Validity of amalgamation or annexation regulation 45 An amalgamation or annexation regulation is not invalid by reason only that it (a) varies or does not give effect to a recommendation or is not recommended in a report; or (b) varies or does not give effect to one or more of the other terms, conditions or things in the report. Amalgamation regulation 46(1) The Lieutenant Governor in Council may by regulation amalgamate municipalities to form a new municipality. Requirements of regulation 46(2) A regulation to amalgamate municipalities may (a) dissolve one or more of the councils of the municipalities that are amalgamated; (b) provide for an interim council; (c) deal with any of the matters referred to in section 30; (d) if the amalgamated municipality is a rural municipality, form a local urban district in the municipality and deal with any of the matters referred to in sections 64 and 69 (formation of local urban districts). Amalgamation within three months after election 46(3) Notwithstanding sections 86 and 99, where an amalgamation takes place within three months after a general election, a regulation to amalgamate municipalities may provide that (a) the members of the council of the amalgamated municipality are to be elected at the general election prior to the amalgamation, but their terms of office do not begin until the date of the amalgamation; and (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. S.M. 1998, c. 33, s. 5 . Amalgamation — policing services 46.1 If, prior to it being amalgamated, a municipality (in this section called the "old municipality") included in its operating budget an amount for policing services, the amalgamated municipality (a) must (i) include in its operating budget a comparable amount, or the amount determined in a comparable manner, and (ii) expend the amount to pay or defray the costs of policing services in the old municipality; and (b) may levy an additional tax against the property in the old municipality to meet the obligations under clause (a). S.M. 2013, c. 10, s. 12 . Annexation regulation 47 The Lieutenant Governor in Council, on the recommendation of the minister, may by regulation annex land from a municipality to another municipality. Minor annexation 48 Despite any provision of this Act, the Lieutenant Governor in Council may by regulation annex land from a municipality to another municipality if the minister believes that (a) the proposed annexation is of a minor nature; and (b) there is no dispute about the proposed annexation. Requirements of annexation regulation 49 A regulation to annex land from a municipality to another municipality may (a) dissolve a municipality as a result of the annexation; (b) deal with any of the matters referred to in sections 30 and 31. SUBDIVISION 5 GENERAL PROVISIONS RELATING TO REGULATIONS Effect of certain regulations 50(1) 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, (a) the new municipality becomes the successor of the old municipality respecting that land and the old municipality ceases to have any jurisdiction respecting that land; (b) the assets, liabilities, rights and obligations of the old municipality that relate to that land pass to the new municipality and cease to be those of the old municipality; (c) if at the time when the proposal is initiated under section 10 (formation or dissolution) or 34 (amalgamation or annexation) or after the proposal but before a regulation in relation to it is made, any land or any portion of it is designated or required to be provided as a public reserve under The Planning Act , the ownership of the land becomes vested in the new municipality in place of the old municipality; and (d) by-laws and resolutions of the old municipality continue to apply to the new municipality until repealed or others are made in their place by the new municipality. When public reserve sold 50(2) If the land referred to in clause (1)⁠(c) is sold or money instead of land is received by the old municipality after the proposal is initiated under section 10 (formation or dissolution) or 34 (amalgamation or annexation) or after the proposal but before a regulation is made is received, the proceeds of the sale or the money received must be paid to the new municipality. Use of proceeds or money 50(3) The new municipality may use the proceeds of the sale or the money received only for a purpose for which the old municipality could have used it. Powers of minister 50(4) The minister may (a) authorize the council of the new municipality to impose an additional tax under Part 10 (Powers of Taxation) on the land to meet obligations under a borrowing made by the old municipality in respect of that land; (b) make any provision necessary to protect any rights that any person has in relation to the land; or (c) direct the transfer of assets and liabilities from one municipality to another. Power to transfer land and other property 51 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). Additional matters under certain regulations 52(1) A regulation made under section 30 (formation), 31 (dissolution), 32 (change of name), 46 (amalgamation), 47 or 48 (annexation) may, in relation to any municipality affected by the regulation, contain provisions dealing with one or more of the following: (a) assessment and taxation — in the case of a formation, amalgamation, annexation or dissolution — which may include (i) phasing in increases or decreases in taxes that are directly attributable to the formation, amalgamation, annexation or dissolution, and (ii) setting different rates of taxation for areas within the municipality based on their access to services provided by the municipality; (b) property; (c) employees; (d) any matter required to properly deal with the formation, dissolution, change of name, amalgamation or annexation, whether transitional or otherwise; (e) the application, addition, change or substitution of an Act of the Legislature or any regulation under an Act of the Legislature to give effect to the regulation. Extent of regulation-making under subsection (1) 52(2) The provisions referred to in subsection (1) may deal with rights, obligations, liabilities, assets and any other thing that the Lieutenant Governor in Council considers is appropriate to be dealt with in the regulation. Amendment or repeal of regulation 52(3) The Lieutenant Governor in Council may amend or repeal a provision referred to in subsection (1) that is contained in a formation, dissolution, change of name, amalgamation or annexation regulation without having to comply with the requirements for passing the original regulation. S.M. 1998, c. 33, s. 6 ; S.M. 2001, c. 30, s. 4 . Retroactivity and coming into force 53(1) A regulation of the Lieutenant Governor in Council under this Division may provide (a) for the retroactive application of the regulation or any of its provisions; and (b) that the regulation or any of its provisions come into force on different dates. Limit on retroactivity 53(2) A regulation or any of its provisions may be made retroactive only to a date in the year immediately before the calendar year in which the regulation is made. Correction of errors in regulations 53(3) An error in any regulation made under this Division may be corrected by subsequent regulation, and the correcting regulation may be made effective as of the date of the original regulation or on some other later date that is specified in the regulation. DIVISION 3 LOCAL URBAN DISTRICTS: FORMATION, FUNDAMENTAL CHANGES AND DISSOLUTION Interpretation of sufficient petition 54 In this Division, a sufficient petition means a sufficient petition within the meaning of Division 3 of Part 5. 55 [Repealed] S.M. 1999, c. 28, s. 6 . Requirements to form local urban district 56 A local urban district may be formed for a locality in a municipality if the locality (a) has at least 250 residents and a population density of at least 400 residents per square kilometre or such other density as the minister may in a specific case consider sufficient for the type and level of services to be provided in the local urban district; (b) is wholly within the boundary of a rural municipality; and (c) is contiguous with the rest of the locality and there is no area within the boundary of the local urban district that is not part of it. Initiating a petition 57(1) 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. Content of petition 57(2) A petition to form a local urban district (a) must include a description of the area and the name of the proposed local urban district; and (b) may include a proposed effective date for the formation. S.M. 2005, c. 27, s. 158 . Direct negotiations 58 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. Procedure on agreement 59 If the council of the municipality and the representative of the petitioners agree on the description of the area and the name of the proposed local urban district, the council must submit to the minister a request to form the local urban district. Procedure when no agreement 60(1) If the council of the municipality and the representative of the petitioners do not agree on the description of the area and the name of the proposed local urban district, the council or the representative may refer the formation petition to The Municipal Board for its recommendation. Municipal Board 60(2) The Municipal Board must consider a petition to form a local urban district referred to it and must make a recommendation to the minister. Referral of request or recommendation to LG in C 61 The minister must refer the request of a municipality to form a local urban district or a recommendation of The Municipal Board in relation to the formation of a local urban district to the Lieutenant Governor in Council. Notice when no regulation is made 62 If a regulation forming a local urban district is not made in relation to a request by the council of a municipality or a recommendation of The Municipal Board, (a) the minister must without delay notify the council and the representative of the voters named in the petition; and (b) the voters must not initiate a petition to form a local urban district that includes substantially the same land as that described in the petition for a period of one year from the date of the notice under clause (a). S.M. 2005, c. 27, s. 158 . Validity of regulation 63 A formation regulation is not invalid by reason only that it varies or does not give effect to a request or recommendation or is not requested or recommended. Formation regulation 64(1) The Lieutenant Governor in Council may make a regulation forming a local urban district. Requirements of regulation 64(2) A formation regulation must state the name of the district and describe its area. Initiating amendment 65(1) 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. Amending formation regulation 65(2) Sections 58 to 61, clause 62(a) and sections 63 and 64 apply with necessary modifications to the amendment of a formation regulation. Amendment of boundaries only once a year 65(3) The boundaries of a local urban district must not be amended more than once a year. Initiating a dissolution of local urban district 66(1) 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 (b) by a request to the minister from the council of the municipality in which the local urban district is located if in two consecutive general elections, there are not at least two persons nominated as members of the committee of the local urban district. Referral of petition to minister 66(2) The council of the municipality that receives a petition under clause (1)⁠(a) must submit the petition to the minister. Referral of petition or request to LG in C 66(3) The minister must refer a petition or request to dissolve a local urban district to the Lieutenant Governor in Council. S.M. 2005, c. 27, s. 158 . Dissolution regulation 67(1) The Lieutenant Governor in Council may make a regulation dissolving a local urban district. Limitation on forming local urban district again 67(2) A local urban district that is dissolved may not be reformed for a period of six years. Notice when no regulation made 68 If a regulation dissolving a local urban district is not made in relation to a petition or request, the minister must without delay notify the council and the representative of the petitioners, in the case of a petition, and the council, in the case of a request. Transitional and other matters 69 A regulation forming a local urban district, a regulation amending a formation regulation or a regulation dissolving a local urban district may contain a provision dealing with one or more of the following: (a) any matter required to properly deal with the formation, amendment or dissolution of the local urban district, whether transitional or otherwise; (b) the application, addition, change or substitution of a provision of this Act or any regulation under this Act. DIVISION 4 FORMATION OF RURAL MUNICIPALITIES AND ANNEXATION OF LAND FROM THE CITY OF WINNIPEG Application of Division 70 This Division applies to (a) the formation of a rural municipality from land in The City of Winnipeg; and (b) the annexation of land within the boundaries of The City of Winnipeg by a municipality. Study required before making regulation 71 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. Boundary alteration referred to Municipal Board 72 When the Lieutenant Governor is of the opinion that it may be advisable to alter the area or boundaries of the city (a) by forming a rural municipality from land within the city; or (b) by the annexation of land within the boundaries of Winnipeg by a municipality; the Lieutenant Governor in Council may refer the matter to The Municipal Board for its consideration and recommendations and may request the Board to consider and make special recommendations on matters that the Lieutenant Governor in Council considers relevant to the proposed alteration. Vote may be held 73(1) 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. Application of The Municipal Councils and School Boards Elections Act 73(2) A vote directed by the Lieutenant Governor in Council must be held in accordance with The Municipal Councils and School Boards Elections Act as modified by the directions given by the Lieutenant Governor in Council. Statutes and Regulations Act does not apply 73(3) The Statutes and Regulations Act does not apply to a direction under subsection (2). S.M. 2000, c. 35, s. 59 ; S.M. 2005, c. 27, s. 158 ; S.M. 2013, c. 39, Sch. A, s. 75 . Application of Division 2 to formation regulations 74(1) 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. Interpretation 74(2) The powers of the minister under Subdivision 5 (General Provisions Relating to Regulations) of Division 2 are to be read as powers of the Lieutenant Governor in Council. Initiating an annexation 75(1) The council of a municipality may request the annexation of land from The City of Winnipeg by making a request to the minister that describes the area of land to be annexed. Annexation regulation 75(2) The Lieutenant Governor in Council may make an annexation regulation with or without a request from the council of a municipality. Application of Division 2 to annexation regulations 75(3) Section 49 (annexation regulations) and Subdivision 5 (General Provisions Relating to Regulations) of Division 2 apply with necessary modifications to the annexation by a municipality of land within the boundaries of The City of Winnipeg. Interpretation 75(4) The powers of the minister under Subdivision 5 (General Provisions Relating to Regulations) of Division 2 are to be read as powers of the Lieutenant Governor in Council. Minor annexation 76 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 (a) the proposed annexation is of a minor nature; and (b) there is no dispute about the proposed annexation. S.M. 2002, c. 39, s. 535 . PART 3 COUNCILS DIVISION 1 GENERAL Council is governing body 77(1) Each municipality is governed by a council. Council is continuing body 77(2) A council is a continuing body. Composition 78 A council is composed of (a) the head of the council; and (b) not fewer than four and not more than 10 councillors. Number of councillors 79(1) A council may by by-law change the number of councillors. By-law applying to next general election 79(2) If the by-law is passed 180 or more days before the next general election, it takes effect at the election. By-law applying after next general election 79(3) 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. Public notice required 79(4) The council must give public notice of the proposed by-law before third reading. Titles of councillors and head of council 80 A councillor is to have the title "councillor" and the head of a council is to have the title "mayor", "reeve" or "head of council" as the council may designate in its organizational by-law. Youth member 81(1) A council may appoint a person with the title "youth member" to sit with the council and to participate in its deliberations, for a term and on conditions that the council may decide. Qualification 81(2) A youth member must be less than 18 years of age or enrolled as a full-time student in a school. Youth member not counted for quorum or vote 81(3) A youth member is not counted for the purpose of determining a quorum or deciding a vote of the council. Council's role 82 A council is responsible (a) for developing and evaluating the policies and programs of the municipality; (b) for ensuring that the powers, duties and functions of the municipality are appropriately carried out; and (c) for carrying out the powers, duties and functions expressly given to the council under this or any other Act. General duties of members 83(1) Each member of a council has the following duties: (a) to consider the well-being and interests of the municipality as a whole and to bring to the council's attention anything that would promote the well-being or interests of the municipality; (b) to participate generally in developing and evaluating the policies and programs of the municipality; (c) to participate in meetings of the council and of council committees and other bodies to which the member is appointed by the council; (d) to keep in confidence a matter that is discussed at a meeting closed to the public under subsection 152(3) and that the committee decides to keep confidential until the matter is discussed at a meeting of the council or of a committee conducted in public; (d.1) to comply with the code of conduct for members of council; (e) to perform any other duty or function imposed on the member by the council or this or any other Act. Duties of the head of council 83(2) In addition to performing the duties of a member of a council, the head of council has a duty (a) to preside when in attendance at a council meeting, except where the procedures by-law or this or any other Act otherwise provides; (b) to provide leadership and direction to the council; and (c) to perform any other duty or function assigned to a head of council by the council or by this or any other Act. S.M. 2012, c. 25, s. 2 . Member may discuss confidential matter with C.A.O. 84 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. Code of conduct for members of council 84.1(1) A council must by by-law establish a code of conduct that applies to the members of council. Content of code 84.1(2) 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. Provisions of code 84.1(2.1) A by-law establishing a code of conduct must, without limitation, (a) establish the process for dealing with contraventions, including the procedures for receiving reports of contraventions; (b) set out the sanctions that may be imposed on a member or the remedial measures that a member may be required to take if they are found to have contravened the code; and (c) comply with the requirements of a regulation made under subsection (7). 84.1(3) [Repealed] S.M. 2019, c. 3, s. 2 . Approval of resolution to sanction 84.1(4) A resolution to sanction a member under a code of conduct must be affirmed (a) by a majority plus one of the members, for a council with seven or more members; or (b) by a majority of the members, for a council with fewer than seven members. Sanctioned member not considered absent 84.1(5) If a sanction imposed on a member results in the member being absent from a regular council meeting, the absence is considered to be with leave of the council for the purpose of clause 94(1)⁠(a). Limitations 84.1(6) A by-law or regulation under this section cannot provide that a member who contravenes a code of conduct is disqualified from council or is guilty of an offence. Regulations concerning codes of conduct 84.1(7) The minister may make regulations (a) respecting matters that must be addressed and procedures that must be provided for in a code of conduct; (b) respecting processes to be followed in implementing a code of conduct or any of the procedures required to be provided for in such a code; (c) respecting sanctions and remedial measures that may be imposed or required to be taken in respect of a breach of a code of conduct; (d) respecting appeals by members who are sanctioned under a code of conduct, including providing for the designation of a person or body to hear an appeal; (e) respecting the form and manner in which an appeal must be made, the time within which an appeal must be made, and the consequences of not making an appeal in accordance with the regulations; (f) respecting responsibility for the costs associated with an appeal; (g) prescribing standards for updating codes of conduct and ensuring codes are made available to the public; (h) respecting any other matter that the minister considers necessary or advisable to carry out the intent of this section. S.M. 2012, c. 25, s. 3 ; S.M. 2019, c. 3, s. 2 ; S.M. 2021, c. 46, s. 3 . Municipality to arrange code of conduct training 84.2(1) Within the first six months after a member is elected or re-elected, (a) a municipality must arrange for training to be provided to the member on the code of conduct for members of council; and (b) the member must undergo the training arranged by the municipality. Initial training for members in office 84.2(2) Within the first six months after this section comes into force, a municipality must arrange for initial training on the municipality's code of conduct to be provided to each member of council, and every member must undergo the training. Content of training 84.2(3) The training provided under this section must consist of the training course on member conduct specified by the minister, and any additional training specified by the municipality. C.A.O. to report when training is not completed 84.2(4) The chief administrative officer must report to council if a member fails to undergo the training made available to them. Failure to comply 84.2(5) A member who fails to undergo the code of conduct training made available to them within the required time may not carry out a power, duty or function as a member until they have completed the training. S.M. 2019, c. 3, s. 3 . Matters that a council may delegate 85(1) 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. Matters that a council may not delegate 85(2) A council may not delegate (a) its power or duty to pass a resolution or by-law; (b) its power to make, suspend or revoke the appointment of a person to the position of chief administrative officer; (c) its duty to hold a public hearing under this Act; or (d) a duty to decide appeals imposed on it by a by-law or this or any other Act, whether generally or on a case by case basis, unless the delegation is to a council committee and authorized by by-law. DIVISION 2 ELECTIONS DATE OF ELECTIONS General election of council every four years 86(1) Each municipality must hold a general election on the fourth Wednesday of October in the year 1998 and in each fourth year thereafter. 86(2) [Repealed] S.M. 2005, c. 27, s. 158 . General election in Dunnottar, Victoria Beach and Winnipeg Beach 86(3) Despite subsection (1), the following municipalities must hold a general election on the fourth Friday of July in the year 2006 and in each fourth year after that: (a) the Village of Dunnottar; (b) the Rural Municipality of Victoria Beach; (c) the Town of Winnipeg Beach. S.M. 1998, c. 33, s. 7 ; S.M. 2005, c. 27, s. 158 . WARDS Election by whole municipality or by wards 87(1) Every member of a council is to be elected by a vote of the voters of the whole municipality unless the council by by-law provides that the councillors are to be elected on the basis of wards. By-law for election by wards 87(2) If, on the day this Act comes into force, the councillors of a municipality are elected on the basis of wards, the council must pass a by-law under this section to continue elections on the basis of wards. By-law effective for next general election 87(3) A by-law under this section must (a) take effect only at a general election; and (b) be passed at least 180 days before the general election at which it is to take effect. Public notice required 87(4) The council must give public notice of the proposed by-law before third reading. Content of by-law 87(5) A by-law under this section must (a) divide the municipality into wards and establish their boundaries; and (b) give each ward a name or number, or both. S.M. 2005, c. 27, s. 158 . Criteria for division into wards 88 In dividing a municipality into wards and establishing ward boundaries, or in making a change in the number of wards or ward boundaries, a council (a) must try to achieve an approximately equal number of residents in each ward; and (b) may take into consideration (i) community or diversity of interests, (ii) topographical features, (iii) settlement patterns, and (iv) population trends. Review by Municipal Board 89(1) If requested in writing by at least 25 voters of the municipality, The Municipal Board may review a by-law that divides a municipality into wards and establishes ward boundaries or a by-law that eliminates wards or changes the number of wards or the ward boundaries. Hearing 89(2) The Municipal Board must hold a hearing when it conducts a review. Power on review 89(3) If on a review The Municipal Board is not satisfied that the by-law is appropriate, the Board may (a) refer the by-law back to the council for further consideration; or (b) require the council to amend the by-law as directed by the Board. S.M. 2005, c. 27, s. 158 . ELIGIBILITY FOR NOMINATION AND ELECTION Eligibility for nomination and election 90(1) A person is eligible to be nominated as a candidate and elected as a member of a council if the person is (a) at least 18 years of age on the day of the election; (b) a Canadian citizen; (c) a resident of the province; (d) a voter of the municipality; and (e) not subject to any disqualification under this or any other Act. Application to Flin Flon 90(2) Despite clause (1)⁠(c), a person who is a resident of the boundary area defined in The Flin Flon Extension of Boundaries Act , S.M. 1989-90, c. 73, is eligible to be nominated and elected as a member of the council of the City of Flin Flon. S.M. 2005, c. 27, s. 158 . Persons who are disqualified 91 The following persons are disqualified from being nominated for, being elected to, and from membership on, a council: (a) a judge of the Court of King's Bench or The Court of Appeal; (b) a provincial judge or justice of the peace; (c) a member of the Legislative Assembly of Manitoba or the Senate or House of Commons of Canada; or (d) subject to section 92, an employee of the municipality and an employee of an affiliated body of the municipality. S.M. 2012, c. 25, s. 4 . RIGHTS OF EMPLOYEES IN ELECTIONS Definition of "employee" 92(1) In this section, "employee" means a person employed by (a) a municipality; or (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. Interpretation: "affiliated body" 92(1.1) For the purpose of this section, a body is affiliated with a municipality if a majority of the members of the body, or a majority of the members of the board of management or board of directors of the body, are appointed by (a) the council of the municipality; or (b) the council of the municipality and the council of one or more other municipalities. Rights of employees in elections 92(2) An employee may (a) subject to subsection (3), seek nomination as, and be, a candidate in a municipal, provincial or federal election and, if elected, serve; and (b) support, speak or write on behalf of a candidate or a political party in an election, if in doing so the employee does not reveal any information or matter concerning the municipality or affiliated body by which the employee is employed, or any information that the employee procures or that comes to the employee's knowledge solely because of the employment. Exception of chief administrative officer 92(3) Clause (2)⁠(a) does not apply to a chief administrative officer in respect of the municipality by which the officer is employed. Leave of absence for municipal election 92(4) An employee who proposes to become a candidate for election as a member of the council of the municipality by which he or she is employed, or the municipality for which his or her employer is an affiliated body, may request a leave of absence and, subject to subsection (4.1), the application must be granted. Request for leave 92(4.1) A municipality or affiliated body must grant an employee's request if the request (a) is made to the chief administrative officer of the municipality or the administrative head of the affiliated body, as applicable; and (b) is, as specified by the employee, for all or part of the period (i) starting on the last day on which nomination papers may be filed in the election, and (ii) ending not later than 30 days after the day on which the results of the election are officially declared. Candidacy in other elections 92(5) An employee who proposes to become a candidate for election as a member of the Legislative Assembly or the House of Commons may apply to the chief administrative officer or the administrative head of the affiliated body, as applicable, for leave of absence for a period starting on the day on which the writ for the election is issued and ending (a) where the employee is nominated as a candidate, not later than 30 days after the day on which the results of the election are officially declared; and (b) where the employee is not nominated as a candidate, not earlier than the day fixed by law for the nomination of candidates in the election; or a part of the applicable period of time, as requested by the employee; and every such application must be granted. Nature of leave of absence 92(6) A leave of absence granted under subsections (4) and (5) must be granted (a) where the employee is entitled to vacation leave with pay, and the employee so requests, as vacation leave with pay until the vacation leave with pay expires and after that time as leave without pay; or (b) as leave without pay. Election as member of council or committee of L.U.D. 92(7) 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. Election as M.L.A. or M.P. 92(8) An employee who is elected to the Legislative Assembly or the House of Commons may apply to the municipality or affiliated body for a leave of absence without pay for a period starting on the day of the election and ending on the earlier of (a) the expiry of five years and four months after the day of the election; and (b) three months after the employee ceases for any reason to be a member of the Legislative Assembly or House of Commons; and every such application must be granted. Reinstatement of defeated candidate 92(9) An employee who is granted a leave of absence under subsection (4) or (5) and who is not elected must, on application before the expiry of the leave of absence, be reinstated to the position held immediately before the date of the leave of absence. Reinstatement of elected candidate 92(10) An employee who is placed on or granted a leave of absence under subsection (7) or (8) may, before the expiry of the leave of absence, apply to the municipality or affiliated body to be reinstated and, as long as the employee is not a member of the council or the committee of a local urban district in the municipality, the employee must, within 60 days, be reinstated to the position held immediately before the date the leave of absence is granted or to a reasonably equivalent position. Rights during leave of absence 92(11) 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) 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. Other benefits 92(12) The rights of an employee to benefits to which employees are entitled during the period of a leave of absence must be determined in accordance with the terms of the collective agreement or other agreement or a policy of the municipality or affiliated body under which the benefits are provided, and the period of the leave of absence must be treated, for the purpose of qualification for a benefit, in accordance with the agreement or policy. S.M. 1998, c. 33, s. 8 ; S.M. 1999, c. 28, s. 7 ; S.M. 2012, c. 25, s. 5 . 93 [Repealed] S.M. 2005, c. 27, s. 158 . CAMPAIGN FINANCING Definitions 93.1(1) The following definitions apply in this section and in sections 93.2 to 93.18.2. "campaign account" means, in respect of a registered candidate, an account that is listed in his or her application to become a registered candidate. (« compte de campagne ») "campaign expense" means (a) money spent or liabilities incurred; and (b) the value of non-monetary contributions accepted; in respect of goods used or services provided, by or on behalf of, and with the knowledge and consent of, a registered candidate during a campaign period, for the purpose of an election, but does not include expenses relating to a recount in respect of the election. (« dépenses électorales ») "campaign period" means (a) in a general election (i) in Dunnottar, Victoria Beach and Winnipeg Beach, the period (A) in the case of a candidate for head of council, beginning on February 1 and ending on December 31 of the year of the election, and (B) in the case of other candidates, beginning on March 31 and ending on December 31 of the year of the election, and (ii) in any other municipality, the period (A) in the case of a candidate for head of council, beginning on May 1 in the year of the election and ending on March 31 of the year after the election, and (B) in the case of other candidates, beginning on June 30 in the year of the election and ending on March 31 of the year after the election; and (b) in a by-election, beginning on the day when the senior election official receives the request from council to hold the by-election and ending on the day that is 90 days after the by-election. (« période de campagne électorale ») "contribution" means money paid, or a non-monetary contribution provided, by a contributor to or for the benefit of a registered candidate, without compensation from the candidate. (« contribution ») "financial institution" means a bank, credit union, trust company or other similar institution.

(« établissement financier ») "non-monetary contribution" means goods or services provided to or for the benefit of a registered candidate, without compensation from the candidate, and includes (a) services of an employee provided by an employer; (b) goods produced or donated voluntarily by a contributor who is a commercial supplier of the goods; and (c) services provided voluntarily by a contributor who is a commercial or occupational supplier of the services; but does not include (d) money; (e) goods produced or donated voluntarily, other than in clause (b); or (f) services provided voluntarily, other than in clause (c). (« contribution non monétaire ») "organization" includes (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. (« organisation ») "registered candidate" means a candidate who has been registered under section 93.3. (« candidat inscrit ») Value of non-monetary contribution 93.1(2) The value of a non-monetary contribution is (a) the fair market value of the goods or services at the time of the donation; or (b) where the non-monetary contribution is services of an employee provided by an employer, the cost to the employer of the salary or wages of the employee whose services are provided for the period during which the services are provided. S.M. 2009, c. 35, s. 7 ; S.M. 2012, c. 35, Sch. A, s. 120 ; S.M. 2021, c. 26, s. 2 . By-law on expenses and contributions 93.2(1) A council must pass a by-law, not inconsistent with The Municipal Council Conflict of Interest Act , (a) prescribing the limit to campaign expenses that may be incurred by a registered candidate for head of council and by a registered candidate for councillor; (b) prescribing the portion of income from a fund-raising event that is deemed to be a contribution, and the portion that is deemed to be campaign expenses; (c) prescribing the manner in which registered candidates must keep records of contributions received and campaign expenses incurred by them; (d) in respect of an election finance statement required to be filed under section 93.12, (i) prescribing additional information, if any, required to be included in the statement, and (ii) prescribing the date by which the statement must be filed, which must not be more than 210 days after the election; (e) prescribing the date by which any further statement requested by the chief administrative office under subsection 93.12(2) must be filed, which must not be more than 60 days after the registered candidate receives the request; and (f) prescribing forms for the purposes of the by-law. Effective date of by-law 93.2(2) A by-law under this section must be passed at least 180 days before the election in respect of which it is to take effect. S.M. 2009, c. 35, s. 7 ; S.M. 2021, c. 26, s. 3 . Registration of prospective candidates 93.3(1) The senior election official must register an individual who proposes to be a candidate in an election if (a) during the campaign period for the election and before nominations close, the individual applies for registration in a form approved by the senior election official; and (b) the senior election official is satisfied that the individual is eligible to be nominated in the election. Information that must be provided 93.3(2) When applying to be registered as a candidate, the individual must provide (a) his or her name and address; (b) the name and address of any financial institution in which accounts are to be used by or on behalf of the individual for the purpose of the election campaign, and the numbers of every such account; and (c) any additional information required by the senior election official. Report of change in information 93.3(3) An individual must immediately notify the senior election official in writing of any changes in the information provided by him or her under this section. S.M. 2009, c. 35, s. 7 . No contribution, expenses or borrowing until registered 93.4 No individual, other than a registered candidate, and no person acting on the individual's behalf, shall, for the purpose of electing the individual, (a) solicit or accept a contribution; (b) borrow money; or (c) incur an expense. S.M. 2009, c. 35, s. 7 . Registered candidate entitled to copy of voters list 93.5 The senior election official must give a registered candidate, on request, a copy of the voters list. The senior election official may determine the form in which the list is given. S.M. 2009, c. 35, s. 7 . Only individual residents may contribute 93.6(1) No person or organization other than an individual normally resident in Manitoba shall make a contribution to a registered candidate. Application to Flin Flon 93.6(2) Despite subsection (1), an individual who is normally resident in the boundary area defined in The Flin Flon Extension of Boundaries Act , S.M. 1989-90, c. 73, may make a contribution to a registered candidate in an election in the City of Flin Flon. Limit on contributions by individuals 93.6(3) No individual shall make contributions that exceed (a) $1,500. to a registered candidate who is a candidate for the office of head of council; (b) $1,500. 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 (c) $750. to a registered candidate who is a candidate for the office of councillor, if councillors are elected on the basis of wards. Prohibited contributions not to be accepted 93.6(4) A registered candidate in an election shall not (a) solicit or accept a contribution from (i) a person who is not an individual normally resident in Manitoba, or (ii) an organization; (b) solicit or knowingly accept a contribution that exceeds the limits established in subsection (3); or (c) incur campaign expenses in respect of the election in excess of the limit prescribed in the by-law passed under clause 93.2(1)⁠(a). Return of contribution 93.6(5) A registered candidate, on learning of any contribution accepted by or on behalf of him or her is contrary to this Act, shall immediately return to the contributor (a) the contribution; or (b) the amount of money equal to the value of the contribution. S.M. 2009, c. 35, s. 7 ; S.M. 2021, c. 26, s. 4 . Candidate's personal contributions 93.7(1) A registered candidate may make a contribution (a) to his or her own election campaign; or (b) to the election campaign of another registered candidate. Limit applies to contributions of candidate 93.7(2) For certainty, the limit to the contributions established in subsection 93.6(3) applies to the contributions made by a registered candidate. S.M. 2009, c. 35, s. 7 . Anonymous contributions 93.8 A registered candidate who is given an anonymous contribution must not spend the contribution, but rather must turn it over to the senior election official. Contributions turned over to the senior election official become part of the general funds of the municipality. S.M. 2009, c. 35, s. 7 . Loans only from financial institutions 93.9(1) A registered candidate shall not solicit or accept a loan for the purposes of an election, except from a financial institution. Prohibition making loan 93.9(2) No person or organization, other than a financial institution, shall make a loan to a registered candidate for the purposes of an election. Loans to registered candidates 93.9(3) A loan made by a financial institution to a registered candidate is not a contribution. Loan must be paid into campaign account 93.9(4) A registered candidate shall ensure that a loan received from a financial institution is paid directly into a campaign account of the candidate. Loan payments must be made from campaign account 93.9(5) Payments on a loan made to a registered candidate must be made from a campaign account of the candidate. Loan payments made in different manner 93.9(6) A payment on a loan made to a registered candidate that is not made from a campaign account of the candidate is a contribution to the candidate made by the person or organization that made the payment. S.M. 2009, c. 35, s. 7 . No loans from registered candidates to others 93.10 A registered candidate shall not lend money raised for the purposes of an election to another person or to any organization. S.M. 2009, c. 35, s. 7 . Duties of registered candidate 93.11 A registered candidate in an election must ensure that (a) proper records are kept of the contributions made to, and the campaign expenses incurred by, the candidate; (b) monetary contributions are deposited in a campaign account of the candidate; (c) a campaign account of the candidate is used only for the purpose of the election campaign of the candidate; (d) all payments relating to or arising out of the campaign are made only by cheque drawn on a campaign account of the candidate; and (e) all financial records relating to the election campaign of the candidate are retained for not less than two years after the election and made available on request to the chief administrative officer. S.M. 2009, c. 35, s. 7 . Candidate to file election finance statement 93.12(1) Each registered candidate in an election must file with the chief administrative officer an election finance statement that contains the following information in respect of the campaign period of the election: (a) all contributions received and expenses incurred by the candidate; (b) the name, address and the contribution of each contributor who has made to the candidate a contribution of more than $250.; (c) an itemized list of campaign expenses incurred by the candidate; (d) the contributions and expenses relating to each fund-raising event, in accordance with apportioning prescribed in a by-law passed under clause 93.2(1)⁠(b); (e) particulars of any loan made to the candidate for the purpose of the election campaign, including the name of the financial institution that made the loan, the principal amount of the loan, the interest rate on the loan and the terms of repayment; (f) any other information required by the by-law passed under subclause 93.2(1)⁠(d)⁠(i). Further statement 93.12(2) If the chief administrative officer finds an election finance statement filed by a registered candidate to be incorrect or incomplete and notifies the candidate in writing of the finding, the candidate is required, not later than a day prescribed in the by-law passed under clause 93.2(1)⁠(e) and specified in the notice, to file with the chief administrative officer a further statement containing the information required under subsection (1). S.M. 2009, c. 35, s. 7 ; S.M. 2021, c. 26, s. 5 . Audit may be required 93.13(1) A council may by by-law require election finance statements, and further statements requested under subsection 93.12(2), to be audited. Qualifications of auditor 93.13(2) If a council has passed a by-law under subsection (1), a candidate's election finance statement and any further statement requested from the candidate under subsection 93.12(2) must be prepared by an auditor (a) who is a chartered professional accountant authorized to provide public accounting services in accordance with The Chartered Professional Accountants Act ; (b) who is not involved in the election for which the statement is prepared as an election official, as defined in section 1 of The Municipal Councils and School Boards Elections Act , a candidate, or in raising funds for a registered candidate, and who certifies to that effect. Appointment of auditor 93.13(3) If a council passes a by-law under subsection (1), the candidate must include the name and address of the candidate's auditor in the candidate's application to be registered under section 93.3. Audit expenses are not campaign expense 93.13(4) The expense incurred by the candidate in having a statement audited is not a campaign expense of the candidate. Effective date of by-law 93.13(5) A by-law under this section must be passed at least 180 days before the election in respect of which it is to take effect. S.M. 2009, c. 35, s. 7 ; S.M. 2015, c. 5, s. 123 . Claims for campaign expenses 93.14 A person who has a claim against a registered candidate in an election for payment in relation to the election must submit the claim in writing to the candidate within 30 days after the election day in the election. S.M. 2009, c. 35, s. 7 . Surplus payable to municipality 93.15(1) Where a registered candidate's election finance statement filed under subsection 93.12(1) shows a surplus of funds, the candidate must immediately pay the surplus to the municipality which must hold it in trust on behalf of the candidate for use by the candidate in the next general election. Release of surplus 93.15(2) The municipality must not release money held under subsection (1) in trust on behalf of an individual who was a registered candidate in an election until the individual is registered under section 93.3 (registration of prospective candidates) for the next general election, and if the individual (a) advises the senior election official in writing that the individual will not seek nomination; (b) is not nominated; or (c) is not registered under section 93.3 as a candidate; in the next general election, the money must be paid into the general funds of the municipality. S.M. 2009, c. 35, s. 7 . Failure by elected candidate to file statement 93.16(1) Where a registered candidate who is elected in an election fails to file (a) an election finance statement required under subsection 93.12(1) before the date prescribed in a by-law passed under subclause 93.2(1)⁠(d)⁠(ii); or (b) a further statement required under subsection 93.12(2) before the date prescribed in a by-law passed under clause 93.2(1)⁠(e); the chief administrative officer must provide a written report of the failure to council at its next meeting, and the candidate must not sit on council until the chief administrative officer reports to council that the candidate's statement has been filed. Forfeiture of seat 93.16(2) Every registered candidate elected in an election forfeits his or her seat on council if the candidate fails to comply with section 93.12 (filing election finance statement) within 270 days after the day of the election. Failure of other registered candidates to file 93.16(3) 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. S.M. 2009, c. 35, s. 7 ; S.M. 2021, c. 26, s. 6 . By-law establishing tax credits and rebates for contributions 93.17(1) A council may by by-law establish a program that entitles a contributor who made a contribution to a registered candidate during a campaign period to (a) a credit, of an amount equal to part of the contribution, against taxes that are imposed by the municipality and that are payable by the contributor; or (b) a rebate of part of the contribution. Contents of by-law 93.17(2) A by-law under subsection (1) may, without limiting the generality of that subsection, (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 (e) provide for any other matter respecting the credits and rebates that the council considers necessary or advisable. S.M. 2009, c. 35, s. 7 . By-law establishing reimbursement of campaign expenses 93.18(1) A council may by by-law establish a program that entitles a candidate to reimbursement of a portion of his or her campaign expenses. Contents of by-law 93.18(2) A by-law under subsection (1) may, without limiting the generality of that subsection, (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 (d) provide for any other matter respecting reimbursement of campaign expenses that the council considers necessary or advisable. S.M. 2009, c. 35, s. 7 . GENERAL MATTERS CONCERNING ELECTIONS By-law on elections 93.18.1(1) A council must pass a by-law establishing rules and procedures for the use of municipal resources during the 42-day period before a general election or a by-election. Content of by-law 93.18.1(2) A by-law under subsection (1) must include restrictions on the use of (a) municipal resources by a registered candidate; (b) municipal resources in communicating information about its programs or services, if the communication may reasonably be seen as providing an electoral advantage to a registered candidate; and (c) the name, voice or image of a member of council in municipal communications. Effective date of by-law 93.18.1(3) A by-law under this section must be passed at least 180 days before the election in respect of which it is to take effect. S.M. 2021, c. 26, s. 7 . Use of title in election communication restricted 93.18.2(1) A registered candidate who is a member of a council must not use their incumbent position as their title in an election communication. Meaning of "election communication" 93.18.2(2) In this section, "election communication" means a communication that is a campaign expense incurred by a registered candidate under a by-law passed under section 93.2. Information Note A candidate cannot use "Re-elect Mayor [candidate's name]" "Re-elect Councillor [candidate's name]" A candidate can use "Re-elect [candidate's name] for Mayor" "Re-elect [candidate's name] for Councillor" S.M. 2021, c. 26, s. 7 . ELECTION OFFENCES Offence and penalty 93.19(1) A person who contravenes any of the following is guilty of an offence and is liable on conviction to a fine of not more than $5,000: (a) section 93.4, 93.6, 93.8 to 93.12, 93.15 or 93.18.2; (b) a by-law passed under section 93.2 or 93.18.1. Time limits on prosecution 93.19(2) 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 certificate of the chief administrative officer as to the day on which the evidence came to his or her knowledge is evidence of that date. S.M. 2009, c. 35, s. 7 ; S.M. 2021, c. 26, s. 9 . DISQUALIFICATION OF MEMBERS When member becomes disqualified 94(1) A member of a council is disqualified from council if he or she (a) is absent for the full duration of three consecutive regular council meetings unless the absences are with the leave of the council, granted by a resolution passed at any of the three meetings, a prior meeting or the next meeting following the third absence; (b) is the councillor appointed to the committee of a local urban district under clause 112(1)⁠(a) and is absent for the full duration of three consecutive regular committee meetings unless the absences are with the leave of the committee granted by a resolution of the committee passed at any one of the three meetings, a prior meeting or the next meeting following the third absence; (c) when nominated or elected, was not eligible as a candidate under this Act; (c.1) forfeits his or her seat under subsection 93.16(2); (d) is liable to the municipality under a judgment in an action under section 171; (e) is convicted of an offence under this or any other Act and has not paid a fine imposed on conviction within 120 days after the fine was imposed or such time as the court has permitted for payment; (f) is convicted of (i) an offence punishable by imprisonment for five or more years, or (ii) an offence under section 122 (breach of trust by public officer), 123 (municipal corruption), 124 (selling or purchasing office) or 125 (influencing or negotiating appointments or dealings in office) of the Criminal Code (Canada); (g) ceases to be qualified as a voter; or (h) breaches the requirement of confidentiality under clause 83(1)⁠(d). Eligibility at next election 94(2) A member of a council who is disqualified under this section is eligible to be elected at the next general election in the municipality if the person is then otherwise eligible for nomination under section 90. Eligibility after disqualification under Conflict of Interest Act 94(3) A member of a council who is disqualified under The Municipal Council Conflict of Interest Act is eligible to be elected at the next general election in the municipality if the person is then otherwise eligible for nomination under section 90. S.M. 2005, c. 27, s. 158 ; S.M. 2009, c. 35, s. 9 . Disqualified person must resign 95(1) A member of a council who is disqualified under this Act must resign immediately. Application to court 95(2) 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. How application made 95(3) An application for a declaration that alleges that the member (a) is disqualified as of the day of the election must be made under Part 9 (Challenging Results of Election or Vote) of The Municipal Councils and School Boards Elections Act ; and (b) is disqualified as of a date that is after the day of the election must be made in accordance with this section. Who may apply 95(4) An application for a declaration under this section may be made by the council or by 10 or more voters. When application may be made 95(5) An application under this section must be made during the member's term of office. Powers of court on application 95(6) After hearing an application under this section, the court may (a) declare the member to be disqualified and the member's position on the council to be vacant; or (b) dismiss the application. S.M. 2005, c. 27, s. 158 . Appeal 96(1) The decision of a court under section 95 may be appealed to The Court of Appeal. No stay 96(2) A person who is declared to be disqualified under section 95 remains disqualified until the appeal is finally determined. Reinstatement 96(3) If, on the final determination of the appeal, the disqualification is set aside, The Court of Appeal may reinstate the person as a member of the council for any unexpired portion of the term of office for which he or she was elected and require any person who has been elected to fill the balance of that term to vacate the office. No reinstatement if term has expired 96(4) If, on the final determination of the appeal, the disqualification is set aside but the term of office for which the person was elected has expired, the person must not be reinstated but is eligible to be elected at the next election in the municipality if otherwise qualified. Reimbursement of costs and expenses 97 If an application under section 95 is dismissed, the council may reimburse the person in respect of whom the application was made for any costs and expenses that the council considers reasonable, other than costs awarded to the person by the court. 98 [Repealed] S.M. 1998, c. 33, s. 9 . TERM OF OFFICE, FIRST COUNCIL MEETING, OATH OF OFFICE Term of office after general election 99(1) The term of office of a member of a council elected at a general election starts at 12 noon on the day following the election and ends at 12 noon on the day following the next general election. Powers of outgoing council after election day 99(2) After a general election, the outgoing council may exercise only the powers that are required to be exercised under The Emergency Measures Act before the first meeting of the new council. First meeting of new council after election 100 The first meeting of an incoming council after a general election must be held within 30 days after the day of the election. Oath of office 101(1) 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. Failure to comply 101(2) If an elected person does not, within 30 days after being elected, comply with subsection (1), the position to which the person was elected is deemed to be vacant and the person is disqualified from being nominated for, being elected to and from membership on the council until the next general election. VACANCIES AND BY-ELECTIONS Vacancy in councillor position after general election 102(1) If a councillor position is not filled at a general election, the members who are elected may fill the vacancy by appointing as councillor a person who was eligible to be nominated for the position at the election, and any person so appointed is deemed to have been elected at a by-election. Vacancy in head of council position after general election 102(2) If the position of head of council is not filled at a general election, the councillors who are elected may appoint one of their number as the head of council, in which case the appointed councillor is deemed to have been elected as the head of council at the election and a by-election must be held to fill the councillor position. Vacancy after by-election 102(3) If no person is elected at a by-election held to fill a vacancy on a council, subsections (1) and (2) apply with necessary modifications. Section does not apply in case of a tie or death 102(4) This section does not apply (a) if two or more candidates in an election cannot be declared elected because the same number of votes were cast for each; or (b) if a position on a council is not filled at an election because a candidate has died. S.M. 2005, c. 27, s. 158 . Appointment of administrator if no council or quorum 103 Despite section 102, if the number of members of a council is fewer than is required for a quorum or if a council resigns, the Lieutenant Governor in Council may appoint an administrator for the municipality, in which case the provisions of Division 6 (Municipalities in Financial Difficulties) of Part 6 relating to administrators apply with necessary modifications. Resignation of member 104(1) The resignation of a member must be in writing and given to the chief administrative officer. Effective day of resignation 104(2) A resignation is effective and a vacancy on the council occurs at the time the resignation is given to the chief administrative officer despite any other date set out in the resignation, and the resignation may not thereafter be revoked. 104(3) [Repealed] S.M. 2005, c. 27, s. 158 . C.A.O. to report resignation to council 104(4) The chief administrative officer must report a resignation at the first meeting of the council after the resignation is received. S.M. 2005, c. 27, s. 158 . By-election to fill vacancy on council 105(1) Subject to section 102 (vacancy after election), a council must hold a by-election to fill a vacancy on the council as soon as is reasonably possible unless (a) the vacancy occurs in the six months before the next general election; or (b) the vacancy occurs in the 12 months before the next general election and the remaining members (i) are a majority of the number of members comprising the council, and (ii) decide not to hold a by-election. Appointment of head of council by councillors 105(2) 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. By-election to be held on request of council 105(3) The senior election official must hold a by-election when requested to do so by a council. Election day for the election must be as soon as reasonably practicable, but in fixing the day the senior election official must consider (a) voter participation; and (b) availability of persons to serve as election officials, and facilities to be used as voting places. S.M. 2005, c. 27, s. 158 . TERM OF OFFICE Term of office of appointed member 106(1) The term of office of a member of a council who is appointed by the council starts when the appointment is made and ends at 12 noon on the day following the next general election. Term of office of member elected at by-election 106(2) The term of office of a person who is elected at a by-election as a member of a council starts at 12 noon on the day following the by-election and ends at 12 noon on the day following the next general election. Appointed, elected person to file oath of office 106(3) Section 101 (oath of office) applies with necessary modifications to a person appointed by a council or elected at a by-election. DIVISION 3 COUNCIL COMMITTEES Composition of council committees 107(1) A council committee, other than the committee of a local urban district, may be composed (a) entirely of members of the council; (b) of a combination of members and other persons; or (c) entirely of persons who are not members of the council. Head of council is member of all committees 107(2) The head of council is a member of all council committees referred to in subsection (1) unless the council expressly provides otherwise in its organizational by-law. When committee resolution binds council 108 A resolution of a council committee is not binding upon the council unless it is passed by the council as a resolution of the council. Application of council provisions to committees 109(1) The following provisions apply to council committees, with necessary modifications: (a) section 133 (minutes); (b) subsections 135(1), (2) and (4) (quorum); (c) sections 136 and 138 (voting). Council may exempt employee committee 109(2) A council that establishes a committee composed entirely of municipal employees may exempt the committee from the application of subsection (1). DIVISION 4 CONFLICT OF INTEREST Application of Conflict of Interest Act to member of L.U.D. committee 110(1) The Municipal Council Conflict of Interest Act , except subsections 3(1) and 7(4) (application to Winnipeg), as that Act applies to a councillor, applies with necessary modifications to a person who (a) is a member of the committee of a local urban district; and (b) is not a councillor. Application of Conflict of Interest Act to member of committee other than L.U.D. committee 110(2) 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 (b) is not a councillor. Interpretation of subsection (2) 110(3) 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 (b) to a councillor's seat becoming vacant is to be read as revocation of the membership of the member on the council committee. Eligibility of elected member of L.U.D. committee after disqualification 111 An elected member of the committee of a local urban district who is disqualified under The Municipal Conflict of Interest Act is eligible to be elected at the next general election in the municipality if the person is then otherwise eligible for nomination under this Act. DIVISION 5 LOCAL URBAN DISTRICTS Status and membership of committee 112(1) The committee of a local urban district is a committee of the council of the municipality in which the district is located and consists of (a) a councillor of the municipality appointed by the council; and (b) not more than three members elected by the voters of the local urban district. 112(2) [Repealed] S.M. 1999, c. 28, s. 8 . Councillor when municipality has wards 112(3) If the councillors of the municipality are elected from wards, the council must appoint the councillor elected for the ward in which the local urban district, or most of the local urban district, is located. S.M. 1999, c. 28, s. 8 ; S.M. 2005, c. 27, s. 158 . District to vote in election of committee members 113(1) Every elected member of the committee of a local urban district is to be elected by a vote of the whole of the district. Eligibility for nomination and election 113(1.1) 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 (b) have been, for at least six months immediately before election day, (i) a resident of the local urban district, or (ii) a registered owner, as defined in The Municipal Assessment Act , of land in the local urban district. Provisions applicable to election 113(2) The following provisions apply with necessary modifications to the election of members of the committee of a local urban district who are to be elected: (a) section 86 (general elections); (b) [repealed] S.M. 2012, c. 25, s. 7 ; (c) section 91 (persons who are disqualified); (d) section 92 (leave of absence); (e) [repealed] S.M. 2005, c. 27, s. 158 ; (f) section 94 (disqualification); (g) section 95 (disqualified person must resign); (h) section 96 (appeal); (i) section 97 (reimbursement); (j) [repealed] S.M. 2005, c. 27, s. 158 ; (k) section 99 (term of office): (l) section 100 (first meeting of new council); (m) section 101 (oath of office); (n) section 102, except subsection (2) (vacancy after election); (o) section 104 (resignation); (p) subsections 105(1) and (3) (by-election); (q) subsections 106(2) (term of office of member elected at by-election) and (3) (oath of office). Appointment when no quorum 113(3) If the number of members of the committee of a local urban district elected is fewer than is required for a quorum, the council of the municipality in which the local urban district is located may appoint as a member of the committee a person, other than a councillor, who would be qualified to be nominated for election to the local urban district. Person eligible for only one office 113(4) A person is not eligible to be nominated for or elected (a) to more than one office on the committee of a local urban district at any one time; or (b) to an office on the committee of more than one local urban district. Municipal Councils and School Boards Elections Act applies 113(5) Subject to this section, the election of members of the committee of a local urban district must be conducted in accordance with The Municipal Councils and School Boards Elections Act . S.M. 2005, c. 27, s. 158 ; S.M. 2012, c. 25, s. 6 and 7. Committee of L.U.D. to pass procedures resolution 114(1) 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. Committee bound by procedures resolution 114(2) The committee must govern itself in accordance with its procedures resolution. Application of procedures by-law 114(3) Subsection 149(3) (content of procedures by-law) applies with necessary modifications to a procedures resolution of the committee of a local urban district. Duties of committee members 115 Subsection 83(1) (general duties of members of council) applies with necessary modifications to the members of the committee of a local urban district. Compensation and expenses of committee members 116(1) Subject to subsection (3), section 124 applies with necessary modifications to the committee of a local urban district and its members. Interpretation of compensation provisions 116(2) For greater certainty, (a) a reference to a council acting by by-law is to be read as a reference to the committee of a local urban district acting by resolution; and (b) a reference to a member of a council is to be read as a reference to the committee of the local urban district. Limit on compensation and expenses 116(3) 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. Compensation and expenses of appointed councillor 116(4) A councillor appointed to the committee of a local urban district may accept payment under a by-law of the council under section 124 or the resolution of the committee under this section, but not both. Responsibilities of committee 117(1) The committee of a local urban district is responsible for (a) preparing and adopting a service plan for the local urban district; (b) submitting the service plan to the council before it adopts its operating and capital budgets; and (c) the exercise of those powers delegated to it by the council of the municipality. Restriction on delegation 117(2) A council must not delegate to the committee of a local urban district or a member of a committee the power to enter into on behalf of, or administer, any contract of the municipality or to deliver any service on the municipality's behalf. Definition 118(1) In this section, "service" means (a) the acquisition, development, upgrading or renewal of (i) sewage collection, treatment and disposal facilities, (ii) water supply, treatment and distribution facilities, (iii) waste management facilities, (iv) municipal roads, (v) sidewalks, (vi) street lights, or (vii) a public park; or (b) the maintenance and operation of anything described in clause (a). Content of service plan 118(2) A service plan must annually (a) describe the proposed type and level of services to be provided in the local urban district; (b) describe the area of the local urban district to which each of the types of service will be provided; (c) specify that the services that are to be paid for by a tax imposed on property within the local urban district; (d) contain an operating budget and a capital budget for the costs of the services, including the costs of the operation of the committee; and (e) propose any local improvement or special service to be initiated in the local urban district under Division 4 (Local Improvements and Special Services) of Part 10 (Powers of Taxation). Application of Part 6, Division 1 119(1) Division 1 (Financial Plans) of Part 6 (Financial Administration) applies with necessary modifications to the operating and capital budgets of the committee. Consultation with council 119(2) Before adopting its service plan, the local urban committee must consult with the council. Reserve fund 119(3) When requested by the committee of a local urban district, the council must establish one or more reserve funds under section 168 into which the money received by the municipality for the purpose of the service plan or the part of that money specified in the request is to be deposited. Administration of fund 119(4) Despite subsection 168(2), no money may be paid out of a fund established at the request of the committee of a local urban district except (a) in accordance with the service plan; or (b) with the consent of the committee. Duties of council 120(1) The council in which a local urban district is located must (a) consult with the local urban district before adopting its annual financial plan; (b) adopt by resolution the service plan as submitted by the local urban committee; (c) levy in each year against the property in the local urban district the taxes as specified in the services plan; (d) provide the services and pay the costs of the committee by expending the revenue from the taxes referred to in clause (c) in accordance with the service plan; (e) make a separate record of all money received and disbursed for the services covered by the plan; and (f) on request, but not more frequently than once per month, provide to the committee a current statement of money received and disbursed in relation to the service plan for the local urban district. When tax revenue insufficient 120(2) If the tax revenue under the service plan is not sufficient to provide the services in accordance with the service plan, the council (a) must notify the committee and meet with it to discuss the matter; and (b) may, if the committee agrees, do one or more of the following (i) cease to provide a type of service or reduce the level of a type of service, or (ii) levy an additional tax against the property in the local urban district to raise the money in succeeding years, not to exceed three. Excess tax revenue 120(3) If in any year the taxes collected by a municipality under a service plan exceed its actual cost of providing the services, the municipality must (a) place the excess in a fund that may be used only for the benefit of the properties in the local urban district in respect of which the taxes were imposed; or (b) refund the excess to the taxpayers. Prohibition re taxes 121 The council of a municipality in which a local urban district is situated must not levy in any year, in the district, a tax imposed in the rest of the municipality to provide a service that is already being levied for within the district. Resolution of disputes by Municipal Board 122 If a committee and a council disagree about any matter relating to the type, level or delivery of services or the amount or sufficiency of a tax levy for services, the committee or the council may refer the matter to the minister who may request The Municipal Board to hear and determine the matter. 123 [Repealed] S.M. 1999, c. 28, s. 9 . DIVISION 6 COMPENSATION Definitions 124(1) In this section, "compensation"  includes a fee, salary, wage or any other payment for labour or services, however determined; (« rémunération ») "expense"  means an expense incurred by a member of a council or council committee in attending to municipal business, and includes automobile expenses or mileage, travel expenses, living expenses, registration and tuition fees, the costs of materials for a meeting, conference or course, out-of-pocket expenditures and any other expense provided for in a by-law passed under subsection (2); (« dépenses ») "municipal business"  means a duty or function that a member of a council or council committee is required to carry out under this or any other Act or a by-law or resolution, and includes attending a meeting, conference or course of instruction that relates to municipal purposes. (« travaux de la municipalité ») Council may set compensation and expenses 124(2) A council may by by-law set the types, rates and conditions of payments to be made to or on behalf of members of the council and council committees, other than the committee of a local urban district, (a) as compensation for attending to municipal business; (b) for expenses incurred while attending to municipal business; and (c) for any other purpose relating to municipal business that the council considers appropriate. Member may accept payment 124(3) 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). Financial statements to show payments to members 124(4) The annual financial statements of a municipality must show the amount of compensation, expenses and any other payment made to each person who is a member of the council or a council committee in sufficient detail that the type of each payment and the total amount of payments made to or on behalf of each member can be determined. PART 4 CHIEF ADMINISTRATIVE OFFICER, DESIGNATED OFFICERS AND CODE OF CONDUCT FOR EMPLOYEES CHIEF ADMINISTRATIVE OFFICER Establishment of position of C.A.O. 125(1) Every council must establish by by-law the position of chief administrative officer and must appoint a person to the position. Majority of number of members required 125(2) 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. Council may give title other than "C.A.O." 125(3) A council may give the position of chief administrative officer any title the council considers appropriate. C.A.O. entitlement in certain circumstances 126 A chief administrative officer whose appointment is revoked without cause is, subject to any written agreement between the council and the officer, entitled to reasonable notice or to compensation instead of reasonable notice. C.A.O.'s responsibilities 127(1) The chief administrative officer (a) is the administrative head of the municipality; (b) is responsible for ensuring that the policies and programs of the municipality are implemented; (c) is responsible for advising and informing the council on the operation and affairs of the municipality; (d) except as the council may decide otherwise, is responsible for the management and supervision of the employees of the municipality; (e) carries out the powers, duties and functions assigned to a chief administrative officer by the council or by this or any other Act; and (f) must notify the council if money of the municipality is spent or invested contrary to a by-law or resolution or this or any other Act. C.A.O.'s administrative duties 127(2) The chief administrative officer must ensure that (a) the minutes of every council meeting are made without note or comment; (b) the by-laws and minutes of council meetings and all other records and books of account of the municipality are kept safe and in accordance with Division 1 (Retention and Disposition of Municipal Records) of Part 9; (c) the revenues of the municipality are collected; (d) money belonging to or held by the municipality is deposited in the bank, credit union, caisse populaire, or trust corporation designated by the council; (e) the accounts for authorized expenditures of the municipality are paid; (f) accurate records and books of account are kept of the financial affairs of the municipality; and (g) any information requested of the municipality by the minister is provided within a reasonable time. C.A.O. duties re council committees 127(3) Except as the council may otherwise decide, the chief administrative officer must carry out, with necessary modifications, the duties referred to under in subsection (2) in respect of council committees. Duty of C.A.O. if money not lawfully used 128(1) If a chief administrative officer gives notice to the council under clause 127(1)⁠(f) and the council does not within a reasonable time rectify the matter, the officer must give the minister written notice of the matter as soon as is reasonably possible. Minister's powers after receiving notice 128(2) The minister may take such action as he or she considers necessary or advisable in respect of the notice, and may charge the cost of any action to the municipality. Delegation by C.A.O. 129 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.

DESIGNATED OFFICERS Establishment of designated officer positions 130 A council may by by-law establish one or more positions to carry out the powers, duties and functions of a designated officer under a by-law or this or any other Act, and may give each such position any title the council considers appropriate. Delegation by designated officer 131 A designated officer may delegate to an employee of the municipality a power, duty or function given to the officer under a by-law or this or any other Act, unless the by-law or Act prohibits the delegation. EMPLOYEE CODE OF CONDUCT Employee code of conduct 131.1(1) A council must establish a code of conduct for employees of the municipality that includes conflict of interest rules. Content: conflict of interest rules 131.1(2) The conflict of interest rules must (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 (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. S.M. 2009, c. 35, s. 14 . PART 5 PRACTICE AND PROCEDURES DIVISION 1 COUNCILS Council to designate municipal office 132 A council must designate a place as its municipal office. Minutes of council meetings 133 Minutes must be made of each council meeting and signed by the person presiding at the meeting and a designated officer. Signing agreements, cheques, instruments 134(1) Agreements and cheques and other negotiable instruments and agreements must be signed or authorized by (a) the head of council or any other person authorized by the council; and (b) a designated officer. Reproduction of signature 134(2) A council may authorize a signature required under subsection (1) to be printed, lithographed or otherwise reproduced. S.M. 1998, c. 33, s. 10 . QUORUM Quorum for council meetings 135(1) A quorum is required for and during each council meeting. Number of councillors required for quorum 135(2) Subject to subsection (3), the quorum of a council is (a) a majority of the number of members comprising the council; or (b) if a position is vacant, a majority of the remaining members of the council. Minimum number for quorum 135(3) Subject to The Municipal Council Conflict of Interest Act , the minimum number for a quorum of a council is three. When member not to be counted 135(4) 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 . VOTING One vote per member 136 A member of a council has one vote each time a vote is held at a council meeting at which the member is present. Minutes of vote on third reading of a by-law 137 The minutes of a meeting at which a council votes on the third reading of a by-law must show the name of each member present, the vote or abstention of each member, and the reason given for any abstention. Tie vote defeats by-law or resolution 138 If an equal number of members vote for and against a resolution or by-law, the resolution or by-law is defeated. Council reconsidering decision 139(1) A council may not reconsider or reverse a decision within one year after it is made unless (a) at the same meeting at which the decision is made, all the members who voted are present; or (b) a member gives written notice to the council, from at least one regular meeting to the next regular meeting, of a proposal to review and reverse the decision. Record of reconsideration in minutes 139(2) A council that reconsiders and reverses a decision under clause (1)⁠(a) may direct that the minutes show (a) the original decision and the decision made on reconsideration; or (b) only the decision made on reconsideration. S.M. 1998, c. 33, s. 11 . BY-LAWS AND RESOLUTIONS Methods by which a council may act 140(1) A council may act only by resolution or by-law. Where council must act by by-law 140(2) A council that is expressly required or authorized under a by-law or this or any other Act to do something by by-law may do it only by by-law. Where council may act by resolution 140(3) A council that is required or authorized under a by-law or this or any other Act to do something by resolution or to do something without specifying that it be done by by-law or resolution, may do it by resolution. Effect of acting by by-law when resolution is sufficient 140(4) Anything a council does by by-law that may be done by resolution is not invalid by reason of the council doing it by by-law. Passing a resolution 141 A resolution of a council is not valid unless it is passed at a council meeting. Proposed by-law to be given three readings 142(1) Every proposed by-law must be given three separate readings at meetings of the council, and each reading must be put to a vote. Limit of two readings at one meeting 142(2) A council may not give a proposed by-law more than two readings at the same council meeting. Text to be available before first reading 142(3) Each member present at the meeting at which first reading is to take place must be given, or have had, the opportunity to review the full text of the proposed by-law before the by-law receives first reading. Text to be available before third reading 142(4) Each member present at the meeting at which third reading is to take place must, before the proposed by-law receives third reading, be given, or have had, the opportunity to review the full text of the proposed by-law and any amendment passed after first reading. Procedure at each reading 142(5) Only the title or an identifying number must be read at each reading of a proposed by-law. When public hearing on by-law is to be held 143 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. Rescission of previous by-law readings 144 The previous readings of a proposed by-law are rescinded if the proposed by-law (a) does not receive third reading within two years after first reading; or (b) is defeated on second or third reading. When a by-law is passed 145 A by-law is passed when it receives third reading and is signed by (a) the head of council or another person authorized by the council; and (b) a designated officer. When a by-law comes into force 146(1) Subject to subsections (2) and (3), a by-law comes into force on the day after the day it is passed unless a later date is specified in the by-law. Where approval required 146(2) If this or any other Act requires a by-law to be approved, the by-law does not come into force until the approval is given. No retroactivity without specific authority 146(3) No by-law may come into force on a day before it is passed unless the Act that authorizes it provides that the by-law may come into force on a day before it is passed. Power to amend and repeal a by-law 147(1) The power to pass a by-law under this or any other Act includes the power to amend or repeal the by-law. Manner of repeal or amendment 147(2) The amendment or repeal of a by-law is subject to the same requirements that apply to passing the by-law, unless this or any other Act expressly provides otherwise. Meaning of "French-language services by-law" 147.1(1) 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. Maintaining French-language services by-law 147.1(2) A council may not repeal a French-language services by-law or amend it in a manner that reduces the availability of municipal services or documents in the French language without the approval of (a) a majority of all members, plus one; and (b) the minister. Submission to minister 147.1(3) As soon as practicable after a by-law under subsection (2) is given second reading, the council must submit a certified copy of it to the minister. No adoption until approved 147.1(4) The council must not give third reading to the by-law until the minister has approved it and provided the council with written notice of his or her approval. S.M. 2015, c. 25, s. 2 . ORGANIZATION AND PROCEDURE Council to pass an organizational by-law 148(1) A council must establish by by-law an organizational structure for the municipality and review the by-law at least once during its term of office. Content of organizational by-law 148(2) An organizational by-law must provide for the following: (a) the establishment of council committees, other than committees of local urban districts, and other bodies of the council, including their duties and functions; (b) the appointment of a deputy head of the council to act in place of the head of council when he or she is unable to carry out the powers, duties and functions of the head; and (c) the manner of appointment of persons to council committees and other bodies. Council to pass procedures by-law 149(1) A council must establish by by-law rules of procedure and review the by-law at least once during its term of office. Council bound by procedures by-law 149(2) The council must govern itself in accordance with its procedures by-law. Content of procedures by-law 149(3) The council must in its procedures by-law provide for (a) regular meetings of the council, and the day, time and place of the meetings; (b) the type and amount of notice to be given of regular meetings of the council; (c) the procedure to be followed and the type and amount of notice to be given to change the day, time or place of a regular meeting of the council; (d) rules respecting the conduct of council meetings; (e) rules respecting public participation at council meetings; (f) a procedure for the appointment of a member to act as head of council if the head and deputy head are unable to act or the offices are vacant; (g) the type and amount of notice to be given of a special meeting of the council; and (h) the time within which a special meeting of the council requested under clause 151(1)⁠(b) must be called by the head of council and must take place. Further content of procedures by-law 149(4) The council may in its procedures by-law provide for such other matters as the council considers necessary or desirable, including, subject to Division 5 (Local Urban Districts) of Part 3, the conduct of meetings of council committees. Meeting through electronic communications 150(1) A council may conduct a meeting partially or entirely 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. Participating member deemed to be present 150(2) A member participating in a meeting conducted by means of a communication facility is deemed to be present at the meeting. S.M. 2021, c. 46, s. 4 . SPECIAL MEETINGS Head of council convening special meeting 151(1) The head of a council (a) may call a special meeting of the council whenever he or she considers it appropriate to do so; and (b) must call a special meeting of the council if the head receives a written request for the meeting, stating its purpose, from at least two councillors. Notice according to procedures by-law 151(2) Notice of a special meeting must be given in accordance with the procedures by-law. Meeting to be called under procedures by-law 151(3) If the head of council does not call a special meeting as requested under clause (1)⁠(b) within the time required under the procedures by-law, the chief administrative officer must call the meeting in the manner provided in the by-law. Effect of notice given to absent member 151(4) A special meeting must not be held in the absence of a member unless the member has been given notice of the meeting in accordance with the procedures by-law. Member may waive notice 151(5) A member who waives the right to be given notice of a special meeting is deemed to have been given notice of the meeting. Agenda at special meeting 151(6) Only a matter stated in the notice of a special meeting may be transacted at the meeting unless all members of the council are present and unanimously agree to deal with other matters. DIVISION 2 PUBLIC PRESENCE AT MEETINGS Meetings to be conducted in public 152(1) Every meeting of a council or council committee must be conducted in public. Public's right to be present at meetings 152(2) Everyone has a right to be present at a meeting of a council or council committee unless the person chairing the meeting expels a person for improper conduct. Meeting deemed to be public 152(2.1) A meeting conducted partially or entirely by means of a communication facility is deemed to be conducted in public, and the right of a person to be present at the meeting is satisfied, if the council or council committee provides public access to the communication facility used to conduct the meeting. When council or council committee may close meeting 152(3) Despite subsections (1) and (2), a council or council committee may close a meeting to the public (a) if (i) in the case of a council, the council decides during the meeting to meet as a committee to discuss a matter, and (ii) the decision and general nature of the matter are recorded in the minutes of the meeting; and (b) if the matter to be discussed relates to (i) [repealed] S.M. 2004, c. 2, s. 31 , (ii) an employee, including the employee's salary, duties and benefits and any appraisal of the employee's performance, (iii) a matter that is in its preliminary stages and respecting which discussion in public could prejudice a municipality's ability to carry out its activities or negotiations, (iv) the conduct of existing or anticipated legal proceedings, (v) the conduct of an investigation under, or enforcement of, an Act or by-law, (vi) the security of documents or premises, or (vii) a report of the Ombudsman received by the head of the council under clause 36(1)⁠(e) of The Ombudsman Act . Resolution to re-open a closed meeting 152(4) No resolution or by-law may be passed at a meeting that is closed to the public, except a resolution to re-open the meeting to the public. S.M. 2004, c. 2, s. 31 ; S.M. 2021, c. 46, s. 5 . DIVISION 3 PETITIONS AND PUBLIC HEARINGS PETITIONS Petitions must conform to this Division 153 Where a petition is required under this Act, other than in Part 2, the petition must meet the requirements of this Division before it is presented to the council. Sufficiency of petition 154(1) A petition is sufficient if it complies with this section. Petition's purpose to be stated on each page 154(2) A petition must contain a statement of purpose, and the statement must appear on every page. Information about each petitioner 154(3) A petition must include the following: (a) in printed form, the name, including the given name or initials, if any, of each petitioner; (b) each petitioner's signature; (c) the date on which each petitioner signs the petition; (d) the address of each petitioner's residence; (e) in the case of a petition under section 57 to form a local urban district, a statement that each petitioner is a voter, or is eligible to be a voter, of the locality; (f) in the case of a petition under clause 66(1)⁠(a) (dissolution of a local urban district), a statement that each petitioner is a voter of the local urban district; (g) in the case of a petition under clause 313(c) (local improvement or special service), the address of the property in respect of which each petitioner is liable to pay the tax. Manner of witnessing signature on a petition 154(4) Each signature on the petition must be witnessed by an adult person who must (a) sign opposite the signature of the petitioner; and (b) in the case of a petition under section 57 (formation of a local urban district), clause 66(1)⁠(a) (dissolution of a local urban district) or clause 313(c) (local improvement or special service), make a statutory declaration that to the best of the witness's knowledge the signature witnessed is that of a person eligible to sign the petition. Number of petitioners required 154(5) Where a minimum number of petitioners is required, a petition must be signed by at least that number of petitioners. Petitioners for local improvement or special service 154(6) In determining the number of petitioners required on a petition under clause 313(c), (a) where a parcel of land or a business is owned by more than one person, only one person is counted; and (b) a municipality, school division or school district that is eligible to be a petitioner is not counted if it gives written notice to the chief administrative officer, not later than the day the petition is filed with the officer under section 155, that it is not to be counted. Entity may authorize individual to sign 154(7) A petition under clause 313(c) (local improvement or special service) may be signed on behalf of a corporation, church, organization, estate or other entity by an adult person who on request produces proof that he or she is authorized by the entity to sign the petition on its behalf. Counting the number of petitioners 154(8) In determining whether the required number of persons have signed the petition, a person's name is not to be counted if (a) the information required under subsection (3) about the petitioner is not provided or the information, other than the signature, is not legible and cannot easily be determined by the chief administrative officer; (b) the person's signature is not witnessed, or the witness has not made the statutory declaration required, under subsection (4); (c) the petition is restricted to certain persons and the person is not one of those persons, or the person's qualifications are not set out or are incorrectly set out; or (d) the person signed the petition more than 90 days before the petition was filed under section 155 or more than 150 days before the petition was re-filed under subsection 156(3). Petition must name representative 154(9) The petition must have attached to it a signed statement of an individual that (a) the individual is the representative of the petitioners; and (b) any inquiry or notice respecting the petition may be directed to the individual at an address that is set out in the statement. S.M. 2005, c. 27, s. 158 ; S.M. 2017, c. 34, s. 20 ; S.M. 2022, c. 50, s. 8 . Filing 155 A petition must be filed with the chief administrative officer. C.A.O. to determine sufficiency of certain petitions 156(1) 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. Process where petition is not sufficient 156(2) 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). Re-filing of petition 156(3) The petition may be re-filed, with or without changes, with the chief administrative officer within 30 days after the notice is given, and sections 154 and 155 apply to the re-filed petition. C.A.O. to advise council of notice given 156(4) If a petition is not re-filed within 30 days after the day a notice is given under subsection (2), the chief administrative officer must advise the council at the first council meeting following the expiration of the 30 days that the petition was filed and the notice given. Presentation of petition to council 157(1) The chief administrative officer must present each petition to the council at a council meeting, with his or her opinion respecting the sufficiency of the petition, (a) where the petition is sufficient, within 30 days after the day the petition is filed; and (b) where the petition is not sufficient and is re-filed, within 30 days after the day the petition is re-filed. No change in petition after presentation 157(2) No name may be added to or removed from a petition after it is filed under section 155 or re-filed under subsection 156(3), except an addition or removal made after a notice is given under subsection 156(2) and before the petition is re-filed. Petition is received on presentation 158 A petition is received by a council on the day it is presented to the council. Council's consideration of petition 159 A council may disregard a petition that the council decides is not sufficient, and is not required to take action in respect of a petition unless this or any other Act requires that action be taken. PUBLIC HEARINGS Application 160(1) This section applies in respect of a public hearing that a council is required under this Act to hold. Attendance of members at public hearing 160(2) Each member of the council must attend the public hearing unless the member (a) is excused by the other members from attending the hearing; (b) is unable to attend owing to illness; or (c) is required under The Municipal Council Conflict of Interest Act to withdraw from the hearing. Participating member deemed to be present 160(2.1) A member participating in a hearing conducted partially or entirely by means of an electronic or other communication facility is deemed to be in attendance at the meeting. Procedure at public hearing 160(3) Subject to procedures established under subsection (4), the council must hear any person who wishes to make a presentation, ask questions or register an objection on his or her own behalf or on behalf of others. Council may establish procedure in by-law 160(4) A council may in its procedures by-law establish procedures for public hearings, which may include (a) prescribing a reasonable time limit for presentations, questions or objections; (a.1) establishing requirements for conducting a hearing partially or entirely by means of an electronic or other communication facility; (b) providing that the council may decline to hear a presentation, question or objection where the council is satisfied that the matter has been addressed at the hearing; (c) deciding which presenters the council will hear where it is satisfied that presentations will be the same or similar; (d) expelling a person from a hearing for improper conduct; and (e) adjourning a hearing from time to time. Notice of continuation of adjourned hearing 160(5) 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. S.M. 1998, c. 33, s. 12 ; S.M. 2021, c. 46, s. 6 . PART 6 FINANCIAL ADMINISTRATION DIVISION 1 FINANCIAL PLANS Fiscal year is calendar year 161 The fiscal year of a municipality is the calendar year. Council must adopt financial plan for each fiscal year 162(1) Every council must adopt a financial plan for each fiscal year consisting of (a) an operating budget; (b) a capital budget; (c) an estimate of operating revenue and expenditures for the following fiscal year; and (d) a five-year capital expenditure program. Council to hold public hearing on financial plan 162(2) Before adopting the financial plan, the council must give public notice, and hold a public hearing, in respect of the plan. New public hearing when certain items revised 162(3) A council may revise its financial plan after the public hearing, but public notice must be given and another public hearing conducted if the revision (a) increases the estimated amount of a transfer referred to in clause 164(2)⁠(a) or the estimated revenue from a tax referred to in clause 164(2)⁠(c) (operating budget); or (b) increases any of the amounts referred to in section 166 (capital budget). Increase in requisition only 162(3.1) 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. Financial plan to be filed with minister 162(4) A copy of the financial plan of a municipality for a fiscal year must be filed with the minister by May 15 of that year. Council may request extension of time 162(5) A council that is unable for any reason to file its financial plan in accordance with subsection (4) may in writing request an extension of time, and the minister may extend the time subject to any condition the minister considers necessary or advisable. S.M. 2002, c. 8, s. 27 ; S.M. 2020, c. 21, s. 93 . Regulations — financial reporting 162.1(1) The Lieutenant Governor in Council may make regulations establishing financial reporting requirements for a municipality in respect of its operating budget, capital budget, estimate of operating revenue and expenditures and five-year capital expenditure program. Required accounting policies and practices 162.1(2) A regulation made under this section may require a municipality to follow specified accounting policies and practices in preparing its budgets and estimates and the regulation prevails over the requirements of this Division, if it so provides. Scope and application 162.1(3) A regulation under this section may be general or particular in its application. S.M. 2020, c. 21, s. 93 . Council may adopt interim operating budget 163 A council may adopt an interim operating budget to have effect only until the council adopts the operating budget for the fiscal year. Expenditures to be estimated in operating budget 164(1) A council must include in its operating budget for a fiscal year the estimated amount of money required for all purposes, including amounts (a) to provide for the council's policies and programs; (b) to pay debt obligations in respect of any borrowings; (c) to pay a requisition or any other amount that the municipality is required under an Act to collect; (d) to be transferred to the capital budget or a reserve fund; (e) to reduce or eliminate any deficiency incurred in respect of a previous fiscal year; and (f) in respect of any uncollected tax or any debt or grant in lieu of tax that is not collectible. Revenue and transfers to be estimated 164(2) A council must include in its operating budget the estimated amount of money from transfers and each source of revenue, including (a) transfers from the municipality's accumulated surplus or its reserve funds; (b) revenue from grants and transfers from other governments; (c) revenue from taxes, including (i) real property tax, (ii) business tax, (iii) personal property tax, (iv) special services tax, and (v) local improvement tax; and (d) revenue from all other sources, including fees or other charges in respect of the operation of any works, improvements, services, facilities and utilities. Expenditures not to exceed transfers and revenue 164(3) The council must ensure that the total amount of the estimated transfers and revenue is not less than the total amount of estimated expenditures unless, before adopting the operating budget, the council obtains the minister's written approval of the proposed budget, which may include any condition the minister considers necessary or advisable. Utilities expenditures not to exceed transfers and revenue 164(4) The council must ensure that the amount of estimated revenue and transfers provided for in the utility budget is not less than the amount of estimated expenditures in respect of the utility unless, before adopting the operating budget, the council obtains The Public Utilities Board's written approval, which may include any condition the Board considers necessary or advisable. Transfer from accumulated surplus or reserve fund 164(5) An operating budget or capital budget may provide for the transfer of money from an accumulated surplus or a reserve fund established for a general purpose, but the transfer of an amount that exceeds the maximum amount provided for by regulation may be made only if, before adopting the budget, the council obtains the minister's written approval, which may include any condition the minister considers necessary or advisable. S.M. 1998, c. 33, s. 13 . Council to obtain approval for anticipated deficiency 165(1) When a council determines during a fiscal year that expenditures are likely to exceed the revenue and transfers provided for in its budget, the council must immediately advise the minister in writing and may incur a deficiency with the minister's written approval, which may include any condition the minister considers necessary or advisable. Council to obtain approval for anticipated deficiency in utility 165(2) 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. S.M. 1998, c. 33, s. 14 . Content of capital budget 166 A council must include in its capital budget the estimates of (a) the amount of money required to acquire, construct, remove or improve capital property; (b) the anticipated sources and the amounts of money to pay the costs referred to in clause (a); and (c) the amount of money to be transferred from the operating budget. Content of capital expenditure program 167 A council must include in its five-year capital expenditure program each proposed expenditure for the next five years and the source of the money required to implement the program. Council may establish reserve funds 168(1) A council may by by-law establish reserve funds for any general or specific purpose. Expenditure from reserve fund with specific purpose 168(2) 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 (b) in the case of a reserve fund that is supplemented with the approval of The Public Utilities Board, the Board approves the proposed expenditure. Use of reserve funds after amalgamation 168(3) A council of a municipality that is formed as a result of the amalgamation of two or more municipalities (in this subsection called the "old municipalities") may, by by-law, require that a reserve fund established by an old municipality be used only in relation to expenditures that primarily benefit the area of the old municipality. S.M. 2013, c. 10, s. 12 . Expenditures 169(1) A municipality may make an expenditure only if it is (a) provided for in the council's interim operating budget, operating budget or capital budget; (b) made in respect of a disaster or emergency declared by the council or head of council under The Emergency Measures Act ; (c) ordered by a court or The Municipal Board to be paid; or (d) authorized by the council under this section. Expenditure for purpose not set out in budgets 169(2) 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). Expenditure or transfer of revenue exceeding estimate 169(3) A council may authorize expenditures from its operating budget, or transfer amounts from its operating budget to the capital budget, that are not provided for in the operating budget if the total of the expenditures and transfers does not exceed the total of (a) the amount of revenue from grants and transfers in excess of the amount estimated under clause 164(2)⁠(b); and (b) the amount of revenue from sources referred to in clause 164(2)⁠(d) in excess of the amount estimated under that clause. Expenditure from capital budget 169(4) A council may authorize expenditures from its capital budget that are not provided for in the capital budget if the total of the expenditures does not exceed the amounts transferred from the operating budget under subsection (3). Expenditures exceeding budgets 169(5) A council may authorize an expenditure for an amount not provided for in an operating budget or capital budget, and may fund the expenditure (a) subject to subsection 164(5), by transfer from the municipality's accumulated surplus or its reserve funds; or (b) subject to section 174, by borrowing. Public hearing necessary for some expenditures 169(6) Subject to subsection (7), a council must give public notice and hold a public hearing in respect of a proposed expenditure under subsection (5). No public hearing if specific purpose reserve is used 169(7) No public notice or public hearing is required under subsection (6) for an expenditure funded by a transfer from a specific purpose reserve unless the expenditure is for a purpose other than that for which the reserve fund was established. Content of notice 169(8) A notice under subsection (6) must include (a) the amount and purpose of the expenditure; and (b) the expenditure's sources of funding and the portion of its cost that will be paid by each source. S.M. 1998, c. 33, s. 15 . Employees who handle money to be bonded 170 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. Certain use of municipal money an offence 171(1) A member of a council is guilty of an offence under this Act who (a) spends or invests or authorizes the expenditure or investment of money of the municipality without authorization or contrary to the authorization given under a by-law or resolution or this or any other Act; 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. Civil liability of the member 171(2) In addition to any penalty imposed under subsection (1), a member of a council who is guilty of an offence under subsection (1) is liable to the municipality for the amount spent, invested or paid. Joint and several liability 171(3) If more than one member is liable under subsection (2), those members are jointly and severally liable to the municipality. Municipality or voter may take action 171(4) The liability under this section may be enforced by action by the municipality or by a voter of the municipality. Exception of declared state of emergency 171(5) This section does not apply to an expenditure made in respect of a disaster or emergency declared by a council or head of council under The Emergency Measures Act . S.M. 2005, c. 27, s. 158 . DIVISION 2 BORROWING Definitions 172 In this Division, "borrowing"  means the borrowing of money, and includes (a) borrowing to refinance, redeem or restructure existing debt, (b) borrowing to pay for a local improvement under Division 4 (Local Improvements and Special Services) of Part 10, (c) a lease of real property with a fixed term beyond three years or a fixed term of less than three years but with a right of renewal that would, if exercised, extend the original term beyond three years, (d) an agreement to purchase capital property that creates an interest in the capital property to secure payment of the capital property's purchase price if payment of the purchase price under the agreement exceeds three years, and (e) issuing debentures; (« emprunt ») "borrowing by-law"  means a by-law referred to in clause 174(1)⁠(a). (« règlement d'emprunt ») S.M. 2021, c. 26, s. 10 . Council may borrow for operating expenses 173(1) 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. Application to borrowing 173(2) This Division does not apply to money borrowed under subsection (1). Borrowing must be authorized by by-law 174(1) A municipality may make a borrowing only if (a) the borrowing is authorized by a by-law passed in accordance with section 174.1; and (b) subject to subsection (2), the borrowing is set out as a debt obligation in the operating budget or capital budget or it is made to fund an expenditure authorized under subsection 169(5). Council may exclude certain borrowing from budgets 174(2) 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 (b) the amount and term of the borrowing does not exceed the unpaid principal and the longest remaining term of the existing borrowing. Content of borrowing by-law 174(3) A borrowing by-law must set out (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 (d) the source of any interim financing. S.M. 1998, c. 33, s. 16 ; S.M. 2012, c. 25, s. 8 . Passing a borrowing by-law 174.1(1) The council must give public notice before giving first reading to a borrowing by-law that authorizes the municipality to (a) issue debentures; and (b) use the money borrowed to fund a capital project that has been included in the financial plan adopted under section 162. Content of public notice of borrowing by-law 174.1(2) The public notice must (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 (b) include (i) a general description of the capital project to be funded by the borrowing, (ii) an estimate of the total cost of the capital project, (iii) a statement of the amount to be borrowed, (iv) a statement of the other sources of funding, if any, to be used to pay for the project, and the amount of funding to be provided from each of those sources, (v) the anticipated maximum rate of interest, the term and the terms of repayment of the borrowing, and (vi) the estimated rates of taxation necessary to repay the borrowing. When public notice is not required 174.1(3) 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). S.M. 2012, c. 25, s. 9 . Repeal or amendment of borrowing by-law 175 After money is advanced under a borrowing by-law, the council may not repeal the by-law until the advance is repaid, and may not in any amendment reduce the amount authorized by the by-law to less than the amount advanced. Every proposed borrowing to be approved by board 176 A municipality may not make a borrowing unless the council obtains the approval of The Municipal Board before third reading of the borrowing by-law. Use of borrowed money restricted to stated purpose 177 A council must use money obtained under a borrowing only for the purpose for which the money is borrowed, as stated in the borrowing by-law. Application of money borrowed 178 A person lending money to a municipality does not have to verify that the money is applied to the purpose for which it is borrowed. Term of borrowing for capital property 179 The term of a borrowing for a capital property must not exceed the probable lifetime of the capital property. DIVISION 3 LOANS Municipality may make loans 180(1) A municipality may lend money only if (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 (d) the amount of money to be loaned, together with the unpaid principal of any other loan, does not exceed the maximum amount established by the minister by regulation. Content of by-law authorizing loan 180(2) A by-law authorizing a loan must set out (a) the amount of money to be loaned and, in general terms, the purpose for which it is to be used; (b) the name of the organization or corporation to which the loan is to be made; (c) the minimum rate of interest, the term and the terms of repayment of the loan; and (d) the source or sources of the money to be loaned. DIVISION 4 INVESTMENTS Definition 181(1) In this section, "securities" includes bonds, debentures, treasury bills, trust certificates, guaranteed investment certificates or receipts, certificates of deposit, deposit receipts, bills, notes and mortgages of real estate or leaseholds and rights or interests in respect of a security. Authorized investments 181(2) A municipality may invest its money only in the following: (a) securities issued or guaranteed by (i) the Government of Canada or an agency of the Government of Canada, or (ii) the government of a province or an agency of the government of a province; (b) securities the payment of which is a charge on the Consolidated Revenue Fund of the Government of Canada or a province of Canada; (c) securities of a municipality in Canada; (d) securities of a Canadian municipal participation corporation; (e) securities issued or guaranteed by a bank, credit union or trust corporation; (f) securities that are insured by the Canada Deposit Insurance Corporation Act ; (g) investments authorized by the minister by regulation; and (h) units in pooled funds of all or any of the investments described in clauses (a) to (g). Membership in non-profit organization 181(3) Nothing in this section prevents a municipality from acquiring a share or membership in a non-profit organization. DIVISION 5 ANNUAL FINANCIAL STATEMENTS AND AUDITOR'S REPORT Definition 182 In this Division, "auditor" means a person appointed under section 184 to audit the records and books of account of a municipality for a fiscal year. Annual financial statements 183(1) A municipality must in each year prepare annual financial statements of the municipality for the immediately preceding year in accordance with the generally accepted accounting principles for municipal governments recommended from time to time by Chartered Professional Accountants of Canada and any modification of those principles or any supplementary accounting standards or principles approved by the minister. Annual financial information returns 183(2) A municipality must, no later than March 15 in each year, submit to the minister a financial information return, in a form approved by the minister, respecting the financial affairs of the municipality for the preceding year. S.M. 1998, c. 33, s. 17 ; S.M. 2015, c. 5, s. 123 . Council to appoint an auditor for each year 184(1) 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. Member or employee not to be appointed 184(2) The council may not appoint a member of the council or an employee as auditor. Council to inform minister of appointment 184(3) The council must inform the minister of the name of the auditor within 40 days after the appointment. Minister may appoint if council does not appoint 184(4) If a council fails to appoint an auditor in accordance with subsection (1), the minister may make the appointment. Qualifications for appointment as auditor 184(5) To qualify to be appointed as an auditor, a person must be a chartered professional accountant authorized to provide public accounting services in accordance with The Chartered Professional Accountants Act . S.M. 2004, c. 21, s. 60 ; S.M. 2015, c. 5, s. 123 . Municipality to pay auditor's fees and expenses 185(1) Subject to subsection (2), a municipality must pay its auditor's fees and expenses, including any fee or expense relating to a request of the minister under section 191. Certain bodies to pay auditor's fees and expenses 185(2) The auditor's fees and expenses relating to the audit of a body referred to in clause 186(1)⁠(b), including any fee or expense relating to a request of the minister under section 191 in respect of the body, must be paid by the body. S.M. 2018, c. 29, s. 26 . Scope of auditor's examination 186(1) An auditor must examine the financial statements, financial information returns, records, books of account and other information relating to the financial affairs of the municipality for the fiscal year, including (a) any funds of the municipality held in trust by an officer or employee of the municipality; and (b) any board, committee or other body that is established or appointed by the council and that administers funds of the municipality; (c) [repealed] S.M. 2018, c. 29, s. 26 . Auditor not required to audit certain bodies 186(2) Despite clause (1)⁠(b), the auditor is not required to examine the financial affairs of a body referred to in that clause if the auditor is satisfied that a person who has the qualifications referred to in subsection 184(5) has audited or is auditing the financial affairs of the body for the fiscal year. S.M. 2018, c. 29, s. 26 . Auditor's entitlement to access 187(1) The auditor is, at all reasonable times and for any purpose related to an audit, entitled to access to the records and books of account and any other document, matter or thing relating to the financial affairs of the municipality in the fiscal year or a previous year. Auditor's entitlement to information 187(2) 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) S.M. 2018, c. 29, s. 26 . Financial institution to provide information 188(1) A bank, credit union, caisse populaire or trust corporation must, on the written request of the minister or the auditor, provide in writing any information in its possession or control relating to the financial affairs of the municipality. Information from land titles offices and courts 188(2) The district registrar for a land titles district and the officer of a court must, on the written request of the minister or the auditor, provide in writing any information in their possession or control relating to the financial affairs of the municipality. Auditor must report failure to comply 189 The auditor must without delay report to the minister and the head of the council any failure of a person or institution to comply with section 187 or 188.

Timing and content of auditor's report 190(1) The auditor must submit a report to the council not later than June 30 in the year following the fiscal year for which the audit is prepared (a) outlining the scope of the audit; (b) identifying the financial statements audited; 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. Auditor to submit supplement with report 190(2) The auditor must submit with the report a supplement containing the following: (a) a statement of opinion as to whether the accounting procedures and systems of control employed by the municipality are adequate to preserve and protect its assets; (b) a statement of opinion as to whether the funds of the municipality have been disbursed only under an authority granted by an Act, or by a resolution or by-law passed or an authority granted under an Act; (c) a statement as to whether any irregularity or discrepancy came to the auditor's attention during the audit; (d) a statement as to any matters not referred to in clauses (a) to (c) that the auditor considers the minister or council should be aware of; and (e) any recommendation the auditor considers necessary or advisable regarding the proper performance of duties and the keeping of records and books of account by the chief administrative officer or other employees. Auditor to provide minister with information 191 The auditor must make any further examination and submit any additional report requested by the minister. Council to provide minister with information 192 A council must provide the minister with any information or document requested by the minister respecting the financial affairs of the municipality. Auditor to give report to head of council and minister 193(1) The auditor must ensure that a copy of the report is given to the head of council and the minister. Head of council to table report at next regular meeting 193(2) The head of council must table the auditor's report at the first regular meeting of the council after receiving the report. Public notice of auditor's report 194 The municipality must without delay, after the report is tabled, give public notice that the report and the municipality's financial statements are available for inspection by any person at the municipal office during regular business hours. Auditor to give report to head of audited body 195 If the auditor audits a body referred to in clause 186(1)⁠(b), he or she must ensure that a copy of the report on the body is given to the head of the body and the head of council. S.M. 2018, c. 29, s. 26 . Council to advise minister of action taken 196(1) If the auditor's report or the council's review of the report indicates that immediate action is required in respect of a matter, the council must (a) take such action as it considers necessary or advisable to address the matter; and (b) advise the minister of the matter and the action it has taken or proposes to take. Minister may take action 196(2) If the council takes no action or the action that is taken or proposed is not satisfactory to the minister, the minister may take action that, in his or her opinion, best protects the interests of the municipality, and the municipality must pay any cost incurred in taking the action. Auditor or minister may act as commissioner 197(1) The minister and the auditor each have, in respect of the audit, the powers of a commissioner appointed under Part V of The Manitoba Evidence Act , including the power to require persons to give evidence and to produce documents relating to the financial affairs of the municipality. Auditor or minister may retain counsel 197(2) The minister or the auditor may retain counsel for the purpose of subsection (1), and the municipality must pay the fees and expenses of the counsel. Offence and penalty 198 A person who contravenes this Division is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000., and in default of payment, to imprisonment for not more than three years. DIVISION 5.1 AUDIT CONDUCTED BY AUDITOR GENERAL Audit by Auditor General 198.1(1) If the Auditor General makes recommendations regarding the operations of a municipality as a result of an audit conducted under section 15 of The Auditor General Act , the head of council of the municipality must table a copy of the report at the first council meeting after the Auditor General's report becomes public. Response of council 198.1(2) The council must adopt a response to any recommendations of the Auditor General as soon as reasonably practicable after the report is tabled. If the response indicates that a measure is to be implemented, the response must specify the time period in which it is to be fully implemented. Reporting on implementation 198.1(3) If the response includes a time period in which a measure is to be implemented, the head of council must report to the council on the status of the implementation at least annually until the measure is fully implemented. S.M. 2012, c. 25, s. 10 . DIVISION 6 MUNICIPALITIES IN FINANCIAL DIFFICULTIES SUPERVISION Definition 199 In sections 200 to 204, "municipality" includes a school district or school division for which a municipality collects taxes. Order of supervision 200(1) Where the Lieutenant Governor in Council believes that a municipality is in financial difficulty and considers it to be in the best interests of the municipality, its voters and creditors that the affairs of the municipality be supervised, the Lieutenant Governor in Council may by order (a) place the affairs of the municipality under supervision; and (b) authorize the minister to appoint a supervisor of the affairs of the municipality. Submission of program by municipality 200(2) 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: (a) its financial plan; (b) proposed taxation of the municipality; (c) any other matter affecting the administration of the affairs of the municipality. Directions and approval by supervisor 200(3) The municipality and its officers and officials must comply with the directions of the supervisor, and the council of the municipality must not finalize its program or pass any by-law respecting it until the program has been approved, or revised and approved, by the supervisor. Notice of orders 200(4) Notice of an order made by the Lieutenant Governor in Council under subsection (1) must be published in The Manitoba Gazette . Effect of Municipal Board Act 200(5) Nothing in this Division limits or otherwise affects the powers or authority of The Municipal Board under The Municipal Board Act , and if The Municipal Board, as authorized under that Act, at any time assumes supervision of a municipality or appoints a supervisor for it, from that time (a) The Municipal Board has all the power and authority with respect to the municipality that is, or may be, given to it under that Act; and (b) the minister ceases to have the powers and authority given to him or her under this Division. S.M. 2005, c. 27, s. 158 . Minister may prescribe program 201 Where a municipality fails to obtain the approval of the supervisor or fails in whole or in part to conduct its affairs in accordance with the program, the minister may prescribe a program for the municipality, which becomes effective and is binding upon the municipality, its council, the chief administrative officer, and all persons interested in or affected by it. Amendment of program 202 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. Current borrowings 203 The minister may direct that every borrowing by the municipality is subject to the minister's approval and that no money may be borrowed for purposes other than, or in amounts greater than, those approved from time to time, and the municipality must comply with the direction. Ministerial directions 204 In appointing a supervisor the minister may (a) give directions respecting approval of the program set out in subsection 200(2); (b) give directions for the deposit and disbursement of all money of, or received on account of, the municipality; (c) give directions regarding the approval and execution of all by-laws, security documents and other documents; and (d) impose such terms or conditions or give such other directions as the minister considers advisable. Borrowing in contravention of order 205 Where a municipality that is under supervision borrows or applies money in contravention of a direction made by the minister or a supervisor under this Division, or under The Municipal Board Act , the members of the council who vote for the borrowing or misapplication are jointly and severally liable to repay the amount so borrowed or misapplied and the liability may, with the consent of the minister, be enforced by an action by the municipality, a voter, a person holding security issued by the municipality, or any creditor of the municipality. S.M. 2005, c. 27, s. 158 . Municipality remains subject to Act 206 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. Payment of expenses 207 The minister may require that the expenses incurred under this Division be paid wholly or in part by the municipality under supervision and included in the operating budget of the municipality. ADMINISTRATION Appointment of administrator 208(1) Where the Lieutenant Governor in Council believes that a municipality is in serious financial difficulty and considers it to be in the best interests of the municipality, its voters and creditors, that the affairs of the municipality be administered by an independent administrator, the Lieutenant Governor in Council may by order (a) place the affairs of the municipality under supervision; and (b) appoint an administrator of the affairs of the municipality. Notice in Manitoba Gazette 208(2) Notice of an order made by the Lieutenant Governor in Council under subsection (1) must be published in The Manitoba Gazette . Effect of appointment 208(3) When an administrator is appointed under subsection (1), the then existing council and chief administrative officer of the municipality are deemed to have resigned from office and are no longer qualified to act for or on behalf of the municipality or to exercise the powers, duties or functions given to councils, members of council or a chief administrative officer under this or any other Act. S.M. 2005, c. 27, s. 158 . Powers of administrator 209 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. Administrator may demand books 210 The administrator may demand from the chief administrative officer of the municipality all money, securities, evidences of title, and municipal records. Administrator to be bonded 211 The administrator must be bonded as determined by the minister for the faithful performance of his or her duties. Administrator under control of minister 212 The administrator must consult the minister and be guided by his or her advice and directions. Advisory committee 213 The minister may (a) appoint or make provision for the election of a local committee of voters whom the administrator may consult respecting the affairs of the municipality; and (b) fix the remuneration of the members of the local committee, to be paid from the funds of the municipality. S.M. 2005, c. 27, s. 158 . Supervision by minister 214 Section 204 (ministerial directions) applies with necessary modifications to the supervision of the administrator by the minister. Approval of administrator's by-laws 215 No by-law passed by the administrator is effective until approved by the minister. Payment of expenses 216 Section 207 (payment of expenses) applies with necessary modifications to the expenses of the administrator. Restoration of municipal status 217 Where the Lieutenant Governor in Council considers it advisable to provide that the affairs of the municipality again be conducted by a council, the Lieutenant Governor in Council may by order (a) make suitable provisions for the election of a new council for the municipality; (b) revoke the appointment of the administrator effective upon such election; and (c) authorize the minister to require the municipality and its chief administrative officer to submit annually to the minister particulars of its program as set out in clauses 200(2)⁠(a) to (c). RECEIVERSHIP Dissolution of municipality 218 Where the Lieutenant Governor in Council believes that a municipality is insolvent or is in imminent danger of insolvency and considers it to be in the best interests of the municipality, its voters and creditors that the municipality be dissolved and its affairs wound up, the Lieutenant Governor in Council may by order (a) dissolve the municipality; and (b) authorize the minister to appoint a receiver. S.M. 2005, c. 27, s. 158 . Effect of dissolution 219(1) When a receiver is appointed under section 218, the municipality is deemed to be dissolved and the then existing council and chief administrative officer of the municipality are deemed to have resigned from office and are no longer qualified to act for or on behalf of the municipality or to exercise the powers, duties or functions given to councils, members of council or a chief administrative officer under this or any other Act. Publication in Manitoba Gazette 219(2) Notice of an order made by the Lieutenant Governor in Council under section 218 must be published in The Manitoba Gazette . Receiver under control of minister 220 The receiver must consult the minister and be guided by his or her advice and directions. Receiver may demand books 221 The receiver may demand from the chief administrative officer of the municipality, all money, securities, evidences of title, and municipal records. Powers to realize upon assets 222 The receiver may (a) realize upon the assets of the municipality; and (b) with the approval of the minister, sell the assets of the municipality and execute, in the name of and on behalf of the municipality, all documents. Receiver to be bonded 223 The receiver must be bonded as determined by the minister for the faithful performance of his or her duties. Application of money 224 The receiver must apply all money received by him or her in payment of the liabilities of the municipality as far as circumstances permit, in the following order of priority: (a) costs and expenses incidental to the receivership, including expenses of the receiver; (b) salaries owing to employees of the municipality; (c) amounts owing by the municipality to the Crown and to the several school districts or school divisions for which the municipality collects taxes; (d) other just debts of the municipality, rateably and without preference or priority. Payment of expenses 225 Section 207 (payment of expenses) applies with necessary modifications to the expenses of the receiver. Distribution of assets for school purposes 226 The minister may order the receiver of a dissolved municipality to assign and transfer all or any portion of the assets of the dissolved municipality to the respective school districts or school divisions for which the municipality collects taxes, or to a trustee of them, in the manner provided in the order, in settlement of all claims of the respective school districts or school divisions against the municipality. GENERAL Regulations 227 The Lieutenant Governor in Council may make regulations respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent and purpose of this Division. Offence and penalty 228 A member of a council or a chief administrative officer who fails to comply with a demand of a supervisor, administrator or receiver of the municipality that he or she is authorized to make is guilty of an offence and is liable on summary conviction to a fine of not more than $500. or to imprisonment for a term of not more than three months, or both. PART 7 BY-LAWS: GENERAL JURISDICTION DIVISION 1 APPLICATION Geographic application of by-laws 229 A by-law of a municipality applies only within its boundaries unless (a) the municipality agrees with another municipality that a by-law passed by one has effect within the boundaries of the other and the council of each municipality passes a by-law approving the agreement; or (b) this or any other Act provides that the by-law applies outside the boundaries of the municipality. By-law inconsistent with other legislation 230 A by-law that is inconsistent with an Act or regulation in force in the province is of no effect to the extent of the inconsistency. DIVISION 2 SPHERES OF JURISDICTION Guide to interpreting power to pass by-laws 231 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 (b) to enhance the ability of the council to respond to present and future issues in the municipality. Spheres of jurisdiction 232(1) A council may pass by-laws for municipal purposes respecting the following matters: (a) the safety, health, protection and well-being of people, and the safety and protection of property; (b) people, activities and things in, on or near a public place or a place open to the public, including parks, municipal roads, recreation centres, restaurants, facilities, retail stores, malls, and private clubs and facilities that are exempt from municipal taxation; (c) subject to section 233, activities or things in or on private property; (c.1) subject to section 233.1, the condition and maintenance of vacant dwellings and non-residential buildings; (c.2) subject to section 233.2, the conversion of rental units into units under The Condominium Act ; (d) municipal roads, including naming the roads, posting the names on public or private property, and numbering lots and buildings along the roads; (e) private works on, over, along or under municipal roads; (f) property adjacent to highways or municipal roads, whether the property is publicly or privately owned; (g) the operation of off-road vehicles on public or private property; (h) drains and drainage on private or public property; (i) preventing and fighting fires; (j) the sale and use of firecrackers and other fireworks, the use of rifles, guns, and other firearms, and the use of bows and arrows and other devices; (k) wild and domestic animals and activities in relation to them, including by-laws differentiating on the basis of sex, breed, size or weight; (l) public utilities; (m) local transportation systems; (n) businesses, business activities and persons engaged in business; (n.1) the establishment of a program of property tax credits to encourage and assist in the renovation of buildings that have been designated as municipal heritage sites under The Heritage Resources Act ; (n.2) the days and hours businesses may operate; (o) the enforcement of by-laws. Exercising by-law-making powers 232(2) Without limiting the generality of subsection (1), a council may in a by-law passed under this Division (a) regulate or prohibit; (b) adopt by reference in whole or in part, with any changes the council considers necessary or advisable, a code or standard made or recommended by the Government of Canada or a province or a recognized technical or professional organization, and require compliance with the code or standard; (c) deal with any development, activity, industry, business, or thing in different ways, or divide any of them into classes and deal with each class in different ways; (d) establish fees or other charges for services, activities or things provided or done by the municipality or for the use of property under the ownership, direction, management or control of the municipality; (e) subject to the regulations, provide for a system of licences, permits or approvals, including any or all of the following: (i) establishing fees, and terms for payment of fees, for inspections, licences, permits and approvals, including fees related to recovering the costs of regulation, (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, (iii) prohibiting a development, activity, industry, business or thing until a licence, permit or approval is granted, (iv) providing that terms and conditions may be imposed on any licence, permit or approval, and providing for the nature of the terms and conditions and who may impose them, (v) providing for the duration of licences, permits and approvals and their suspension or cancellation or any other remedy, including undertaking remedial action, and charging and collecting the costs of such action, for failure to pay a fee or to comply with a term or condition or with the by-law or for any other reason specified in the by-law, and (vi) providing for the posting of a bond or other security to ensure compliance with a term or condition; (f) except where a right of appeal is already provided in this or any other Act, provide for an appeal and the body that is to decide the appeal, and related matters; (g) require persons who do not reside or have a place of business in the municipality to report to the municipal office before conducting business in the municipality; and (h) require pawnbrokers to report all transactions by pawn or purchase to the head of council or to the police. S.M. 2001, c. 30, s. 5 ; S.M. 2010, c. 2, s. 10 ; S.M. 2011, c. 30, Sch. D, s. 2 ; S.M. 2020, c. 22, s. 3 . Content of by-laws under clause 232(1)⁠(c) 233 A by-law under clause 232(1)⁠(c) (activities or things in or on private property) may contain provisions only in respect of (a) the requirement that land and improvements be kept and maintained in a safe and clean condition; (b) the parking and storing of vehicles, including the number and type of vehicles that may be kept or stored and the manner of parking and storing; (c) the removal of top soil; and (d) activities or things that in the opinion of the council are or could become a nuisance, which may include noise, weeds, odours, unsightly property, fumes and vibrations. Content of by-laws under clause 232(1)⁠(c.1) 233.1(1) A by-law under clause 232(1)⁠(c.1) (vacant dwellings and non-residential buildings) may establish a system to regulate the condition and maintenance of vacant dwellings and non-residential buildings, and may include provisions respecting (a) the manner in which the dwellings or buildings must be secured by owners or, on default, may be secured by the municipality; (b) inspections by the municipality of the condition of the dwellings or buildings, including their interior condition; and (c) the length of time that dwellings or buildings may remain boarded up. Restriction 233.1(2) A by-law under clause 232(1)⁠(c.1) may not regulate the condition and maintenance of vacant dwellings and non-residential buildings that are located on property that is classified as Farm Property under The Municipal Assessment Act . S.M. 2010, c. 2, s. 11 . Content of by-laws under clause 232(1)⁠(c.2) 233.2(1) 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 233.2(2) In subsection (1), the terms "condominium conversion" , "declaration" and "rental unit" have the same meaning as in The Condominium Act . Content of by-law 233.2(3) A by-law under clause 232(1)⁠(c.2) must (a) authorize the body, which must be a council committee composed entirely of members of council, to consider and decide applications for the approval of proposed condominium conversions; and (b) establish the form and content of certificates of approval that must be issued by the municipality when such applications are approved. Additional content 233.2(4) A by-law under clause 232(1)⁠(c.2) may (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 (c) prescribe a time period within which the land must have contained one or more rental units in order for the proposed condominium conversion to be subject to the approval of the municipality. Considerations 233.2(5) The council committee may approve a proposed condominium conversion if it is satisfied that the conversion (a) will not (i) significantly reduce the availability of rental units in the area, or (ii) create significant hardship for any of the occupants of the land that is the subject of the proposed condominium conversion; and (b) will comply with any other criteria established by by-law. S.M. 2011, c. 30, Sch. D, s. 3 . Content of by-laws under clause 232(1)⁠(f) 234 Without limiting the generality of clause 232(1)⁠(f) (property adjacent to highways or municipal roads), a by-law passed under that clause may include provisions respecting signs, survey monuments, landscaping and setbacks, including (a) the growing of trees and shrubs and the construction of improvements; (b) the control and removal of trees, shrubs, weeds, grass, snow, ice and obstructions; and (c) the construction, repair and removal of fences and snow fences. Charge re local transportation system under clause 232(1)⁠(m) 235 Despite The Public Utilities Board Act , including section 106 (conflict of interest) of that Act, a rate, toll, fare or other charge established by a council in respect of a local transportation system referred to in clause 232(1)⁠(m) is not subject to that Act. Requirements prior to passing by-law under clause 232(1)⁠(n.1) 235.1(1) A council may pass a by-law under clause 232(1)⁠(n.1) only after it has (a) adopted a development plan under The Planning Act that includes objectives and policies respecting the preservation, protection or enhancement of buildings by reason of their historical significance; and (b) passed a by-law under The Heritage Resources Act providing for the issuance, suspension and cancellation of municipal heritage permits. Content of heritage tax credit by-law 235.1(2) A by-law under clause 232(1)⁠(n.1) (tax credits for heritage buildings) may, without limiting the generality of that clause, (a) specify the taxes against which there may be a tax credit; (b) determine the types of renovations and costs associated with renovations that are eligible for a tax credit; (c) impose terms and conditions on the entitlement to a tax credit; (d) provide for the amount, or the means of determining the amount, of a tax credit; (e) establish a maximum annual tax credit for each building; (f) fix the period of time during which a tax credit may be applied to taxes; (g) make provision for any other matter that council considers necessary or advisable. S.M. 2001, c. 30, s. 6 . Content of by-laws under clause 232(1)⁠(o) 236(1) Without limiting the generality of clause 232(1)⁠(o) (enforcement of by-laws) and subject to subsection (3), a by-law passed under that clause may include provisions (a) providing for procedures, including inspections, for determining whether by-laws are being complied with; and (b) remedying contraventions of by-laws, including (i) creating offences, (ii) subject to the regulations, providing for fines and penalties, including the imposition of a penalty for an offence that is in addition to a fine or imprisonment, so long as the penalty relates to a fee, rate, toll, charge or cost that is associated with the conduct that gives rise to the offence, or related to enforcing the by-law, (iii) providing that an amount owing under subclause (ii) may be collected in any manner in which a tax may be collected or enforced under this Act, (iv) seizing, removing, impounding, confiscating and selling or otherwise disposing of plants, animals, vehicles, or other things related to a contravention, (v) charging and collecting costs incurred in respect of acting under subclause (iv), (vi) imposing a sentence of imprisonment for not more than six months for the commission of offences or nonpayment of fines. Application of clause 232(1)⁠(o) 236(2) Clause 232(1)⁠(o) applies only in respect of a by-law passed under this Part. Limit re matters enforced under Municipal By-law Enforcement Act 236(3) A contravention of a by-law (a) designated under clause 3(2)⁠(a) of The Municipal By-law Enforcement Act ; or (b) respecting the parking, standing or stopping of vehicles; may not be enforced under The Provincial Offences Act . S.M. 2013, c. 47, Sch. B, s. 28 ; S.M. 2021, c. 5, s. 16 . No licence required for sale of own produce 237 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. Fee in addition to other taxes 238 A fee imposed under this Division is in addition to, and not in lieu of, a business tax imposed under Division 3 of Part 10, an accommodation tax imposed under Division 5.1 of Part 10 or an amusement tax imposed under Division 6 of Part 10. S.M. 2026, c. 44, s. 51 . DIVISION 3 ENFORCEMENT OF BY-LAWS Municipal inspections and enforcement 239(1) If this or any other Act or a by-law authorizes or requires anything to be inspected, remedied, enforced or done by a municipality, a designated officer of the municipality may, after giving reasonable notice to the owner or occupier of land or the building or other structure to be entered to carry out the inspection, remedy, enforcement or action, (a) enter the land or structure at any reasonable time, and carry out the inspection, enforcement or action authorized or required by the Act or by-law; (b) request that anything be produced to assist in the inspection, remedy, enforcement or action; and (c) make copies of anything related to the inspection, remedy, enforcement or action. Identification 239(2) The designated officer must display or produce on request identification showing that he or she is authorized to make the entry. Emergencies 239(3) In an emergency, or in extraordinary circumstances, the designated officer need not give reasonable notice or enter at a reasonable hour and may do the things referred to in clauses (1)⁠(a) and (c) without the consent of the owner or occupant. Warrant to enter and inspect 240(1) A justice may issue a warrant authorizing a designated officer and any other person named in the warrant to enter land or a building or other structure and carry out an inspection, remedy, enforcement or action if the justice is satisfied by information under oath that (a) entry to the place has been refused; or (b) there are reasonable grounds to believe that (i) entry will be refused, or (ii) if a designated officer were refused entry, delaying the inspection to obtain a warrant on the basis of the refusal could be detrimental to the inspection, remedy, enforcement or action. Notice not required 240(2) An application for a warrant under this section may be made without notice. S.M. 2019, c. 11, s. 16 . 241 [Repealed] S.M. 2019, c. 11, s. 16 . Order to remedy contravention 242(1) If a designated officer finds that a person is contravening a by-law or this or any other Act that the municipality is authorized to enforce, the designated officer may by written order require the person responsible for the contravention to remedy it if, in the opinion of the officer, the circumstances so require. Content of order 242(2) The order may (a) direct a person to stop doing something, or to change the way in which the person is doing it; (b) direct a person to take any action or measure necessary to remedy the contravention of the Act or by-law, including the removal or demolition of a structure that has been erected or placed in contravention of a by-law and, if necessary, to prevent a reoccurrence of the contravention; (c) state a time within which the person must comply with the directions; and (d) state that if the person does not comply with the directions within a specified time, the municipality will take the action or measure at the expense of the person. Order to remedy dangers and unsightly property 243(1) 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 (ii) remove or demolish the structure and level the site; (b) in the case of land that contains the excavation or hole, require the owner (i) to eliminate the danger to public safety in the manner specified, or (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 (ii) if the property is a building or other structure, remove or demolish the structure and level the site. Further content of order 243(2) The order may (a) state a time within which the person must comply with the order; and (b) state that if the person does not comply with the order within the specified time, the municipality will take the action or measure at the expense of the person. Review by council 244(1) A person who receives a written order under section 242 or 243 may request the council to review the order by written notice within 14 days after the date the order is received, or such longer period as a by-law specifies. Powers of council 244(2) After reviewing the order, the council may confirm, vary, substitute or cancel the order. Municipality remedying contraventions 245(1) A municipality may take whatever action or measures are necessary to remedy a contravention of a by-law or this or any other Act that the municipality is authorized to enforce or to prevent a re-occurrence of the contravention, if (a) the designated officer has given a written order under section 242; (b) the order contains a statement referred to in clause 242(2)⁠(b); (c) the person to whom the order is directed has not complied with the order within the time specified in the order; and (d) the appeal period respecting the order has passed or, if an appeal has been made, the appeal has been decided, and it allows the municipality to take the action or measures. Closure of premises 245(2) 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. Costs 245(3) The costs of an action or measure taken by a municipality under this section are an amount owing to the municipality by the person who contravened the Act or by-law. Remedying dangers and unsightly property 246(1) A municipality may take whatever actions or measures it considers necessary to eliminate the danger to public safety caused by a structure, excavation or hole or to deal with the unsightly condition of property if (a) the municipality has given a written order under section 243; (b) the order contains a statement referred to in clause 243(2)⁠(b); (c) the person to whom the order is directed has not complied with the order within the time specified in the order; and (d) the appeal period respecting the order has passed or, if an appeal has been made, the appeal has been decided and it allows the municipality to take the action or measures. Removal of occupants 246(2) If a structure is being removed or demolished by a municipality under this section, the municipality may use reasonable force to remove occupants. Costs 246(3) The costs of an action or measure taken by a municipality under this section are an amount owing to the municipality by the person who was required to do something by the order under section 243. Proceeds of sale 246(4) If the municipality sells all or part of a structure that is removed under this section, the proceeds of the sale must be used to pay the expenses and costs of the removal, and any excess proceeds must be paid to the person entitled to them. Emergencies 247(1) Despite sections 243, 245 and 246, in an emergency a municipality may take whatever actions or measures are necessary to eliminate the emergency. Application 247(2) 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. Compliance with order 247(3) A person who receives an oral or written order under this section requiring him or her to provide labour, services, equipment or materials must comply with the order. Remuneration for service or materials 247(4) A person who provides labour, services, equipment or materials under this section and who did not cause the emergency is entitled to reasonable remuneration from the municipality. Costs 247(5) The costs of actions or measures taken to eliminate an emergency, including the remuneration referred to in subsection (4), are an amount owing to the municipality by the person who caused the emergency and may be collected by the municipality in the same manner as a tax may be collected or enforced under this Act. Definitions 247.1(1) The following definitions apply in this section and in sections 247.2 to 247.13. "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. (« règlement sur les bâtiments abandonnés ») "derelict property" means real property upon which is located a vacant dwelling or non-residential building that is not in compliance with the municipality's derelict building by-law. (« bien abandonné ») "registered owner" has the same meaning as in The Municipal Assessment Act . (« propriétaire ») "second notice" means the second notice of a preliminary derelict building order, issued under section 247.4. (« deuxième avis ») Interpretation: evidence property is derelict 247.1(2) 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 (b) a designated officer certifies by statutory declaration that the property continues to be in contravention of the municipality's derelict building by-law. S.M. 2010, c. 2, s. 12 ; S.M. 2013, c. 11, s. 75 . By-law re derelict building orders, second notices and certificates 247.2(1) A council may by by-law establish a process for issuing preliminary derelict building orders, second notices and derelict building certificates in respect of derelict properties. Public hearing required 247.2(2) A council must give public notice and hold a public hearing in respect of a proposed derelict building by-law. Content of by-law 247.2(3) A by-law made under subsection (1) must include provisions respecting (a) the issuance of preliminary derelict building orders by designated officers, including (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, (ii) the minimum time period within which the registered owner must bring the property into compliance with the derelict building by-law, which must be at least 90 days, (iii) the right of a person served with an order to have the council review it, or to have the council review the time period set out in it for bringing the property into compliance, and (iv) the deadline for requesting council to review the order, which must be at least 90 days after the order is served; (b) the issuance of second notices of preliminary derelict building orders by designated officers, including the form and content of the notice; (c) subject to section 247.7, the process that designated officers must follow when applying for derelict building certificates; and (d) the form and content of statutory declarations that designated officers must make under clause 247.1(2)⁠(b). S.M. 2010, c. 2, s. 12 . Issuing preliminary derelict building orders 247.3(1) A designated officer may issue a preliminary derelict building order in respect of a property if satisfied that (a) the registered owner of the property has been found guilty of contravening the municipality's derelict building by-law; and (b) the property continues to be in contravention of the by-law. Preliminary order must be registered and served 247.3(2) 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 (b) personally served on the registered owner of the derelict property and on every other person who, on the day the order is registered, appears from the records in the land titles office to have an interest in the property. Exception re service 247.3(3) Despite clause (2)⁠(b), a person who holds a registered interest listed in subsection 45(5) of The Real Property Act is not required to be served with a copy of the order. S.M. 2010, c. 2, s. 12 . Second notice of preliminary order 247.4(1) A designated officer may issue a second notice of the preliminary derelict building order if a property continues to remain a derelict property for more than 30 days after the day on which the preliminary derelict building order was served on all the persons required to be served under clause 247.3(2)⁠(b). Content of second notice 247.4(2) The second notice must include a copy of the preliminary derelict building order and must clearly indicate the following: (a) that unless the property is brought into compliance with the municipality's derelict building by-law within 60 days, or such longer period as may be established by by-law, after the second notice is served on the registered owner and the interested persons, (i) title to the property may be issued in the name of the municipality, and (ii) the person served with the notice may be forever estopped and debarred from setting up any claim to or in respect of the property; (b) the right of a person served with the notice to have the council review the preliminary derelict building order, or to have the council review the time period set out in it for bringing the property into compliance with the municipality's derelict building by-law; (c) the deadline for requesting the council to review the order, which must be at least 60 days after the second notice is served. Registration and service of second notice 247.4(3) The designated officer must ensure that a copy of the second notice is (a) promptly registered against the derelict property in the land titles office; and (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. Exception re service 247.4(4) Despite clause (3)⁠(b), a person who holds a registered interest listed in subsection 45(5) of The Real Property Act is not required to be served with a copy of the second notice. S.M. 2010, c. 2, s. 12 . District registrar to register order or notice 247.5(1) On receiving a preliminary derelict building order or a second notice, the district registrar must register it against the title of the land described in the order. Subsequent purchasers are deemed served 247.5(2) A person who acquires an interest in land on or after the date on which a preliminary derelict building order or a second notice is registered is deemed to have been personally served with the order or notice on the date of registration. Change in ownership does not affect process 247.5(3) If a person acquires an interest in a derelict property on or after the date on which a preliminary derelict building order or a second notice is registered, the property does not cease to be a derelict property because the person acquiring the interest has not been convicted of contravening the municipality's derelict building by-law. S.M. 2010, c. 2, s. 12 . Substitutional service 247.6(1) 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. Compliance with order for substitutional service 247.6(2) Proof of compliance with an order of substitutional service under subsection (1) is deemed to be proof of service of the order or notice on the person served. Substitutional service orders may be made at the same time 247.6(3) Under subsection (1), the district registrar may make a separate order of substitutional service of the second notice at the same time he or she makes an order of substitutional service of the preliminary derelict building order. S.M. 2010, c. 2, s. 12 . Application for derelict building certificate 247.7(1) A designated officer may apply to the council for a derelict building certificate in respect of a derelict property if (a) a preliminary derelict building order and a second notice have been issued, registered and served in accordance with sections 247.3, 247.4 and 247.6; (b) the time period for bringing the property into compliance with the municipality's derelict building by-law provided in the second notice of the preliminary derelict building order has expired; (c) the time period for requesting a review by council, as set out in the second notice, has expired or, if a review was requested, the council has reviewed the order and (i) confirmed the order, or (ii) varied the order, but the order, as varied, has not been complied with; and (d) the designated officer is satisfied that the property continues to be in contravention of the municipality's derelict building by-law. Issuance of derelict building certificate 247.7(2) On receiving an application for a derelict building certificate, the council may by resolution issue the certificate if (a) there is evidence that the property continues to be a derelict property;

and (b) in the opinion of the council, there is a satisfactory plan for redeveloping the property. S.M. 2010, c. 2, s. 12 . Registration of certificate and application for title 247.8(1) When a derelict building certificate is issued, the designated officer may (a) register the certificate against the derelict property in the land titles office; and (b) apply to the district registrar for title to the derelict property to be issued in the name of the municipality. Content of application 247.8(2) When applying for title, the designated officer must include evidence satisfactory to the district registrar of the following: (a) the date the council issued the derelict building certificate; (b) that the preliminary derelict building order and second notice were issued, registered and served in accordance with sections 247.3, 247.4 and 247.6; (c) that the property continues to be in contravention of the municipality's derelict building by-law. How application to be treated 247.8(3) An application for title must be dealt with as an application for transmission under The Real Property Act . Deemed notice etc. 247.8(4) Section 247.5 applies, with necessary changes, to the registration of the derelict building certificate. Deadline for application 247.8(5) An application for title must be made within 120 days after the council issues the derelict building certificate. If no application is made in that period, (a) the property ceases to be affected by the derelict building certificate; and (b) the district registrar may, without notice to the municipality, vacate the registration of the preliminary derelict building order, second notice and derelict building certificate. S.M. 2010, c. 2, s. 12 . No claim in respect of property 247.9 Every person required to be served with a preliminary derelict building order or second notice who does not, before the expiry of 30 days after the municipality applies for title to the property to be issued in the municipality's name, challenge the derelict building certificate under section 247.12, is forever estopped and debarred from setting up any claim to or in respect of the property. S.M. 2010, c. 2, s. 12 . Issue of title 247.10(1) On receiving an application for title under section 247.8, the district registrar must, as soon as reasonably practicable after the deadline for challenging the derelict building certificate under section 247.12 expires, issue a title under The Real Property Act vesting the derelict property in the municipality's name. Court application operates as stay 247.10(2) If a pending litigation order is registered because of an application brought to set aside the derelict building certificate under section 247.12, the district registrar must not issue a title under subsection (1) until the court deals with the application. Validity of title 247.10(3) Except for the registered instruments listed in subsection 45(5) of The Real Property Act , a title to real property issued under subsection (1) extinguishes every interest in, and right in respect of, the property that arose or existed in the property before it was transferred to the municipality. S.M. 2010, c. 2, s. 12 . District registrar not obliged to inquire 247.11(1) The district registrar is not obliged to ascertain or inquire into the designation of a designated officer or the regularity or lawfulness of any proceedings in respect of (a) a preliminary derelict building order, second notice or derelict building certificate issued under a derelict building by-law; or (b) evidence that a property does not comply with a derelict building by-law. No action against district registrar 247.11(2) No action may be brought or maintained against the district registrar, the land titles office, a service provider under The Real Property Act , or the government for damages that may accrue because of any action by the district registrar or the land titles office under this section or sections 247.5 to 247.10. S.M. 2010, c. 2, s. 12 ; S.M. 2013, c. 11, s. 75 . Application to set aside derelict building certificate 247.12(1) 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 (b) obtain a pending litigation order and register it in the land titles office. Setting aside derelict building certificate 247.12(2) A derelict building certificate shall not be annulled, set aside or declared illegal except on the grounds that (a) the conditions for applying for a derelict building certificate in respect of the property, as set out in section 247.7(1), were not complied with; or (b) on the day the application was filed with the court, the property complied with the municipality's derelict building by-law. S.M. 2010, c. 2, s. 12 . Discharge of orders and certificates by municipality 247.13(1) 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 (b) any application for title commenced under section 247.8. Process must recommence 247.13(2) If a preliminary derelict building order, second notice or derelict building certificate registered by a municipality is discharged, no new order may be registered against the property unless the registered owner is again found guilty of contravening the municipality's derelict building by-law. S.M. 2010, c. 2, s. 12 ; S.M. 2013, c. 11, s. 75 . Application to court to enforce by-law 248 A municipality may apply to the court for an injunction or other order to enforce a by-law of the municipality or to restrain a contravention of it, and the court may grant or refuse the injunction or other order or make any other order that it considers fair and just. Contravention of by-law is an offence 249(1) A person who contravenes a by-law of a municipality is guilty of an offence and, if the by-law imposes no other penalty, is liable on summary conviction to a fine of not more than $500. or to imprisonment for a term of not more than three months, or both. Continuing offence 249(2) Where a contravention continues for more than one day, the person is guilty of a separate offence for each day it continues. Disposition of fines 249(3) A fine imposed for contravening a by-law of a municipality must be paid to the municipality. Proof of boarding up 249.1 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. S.M. 2010, c. 2, s. 13 . PART 8 CORPORATE POWERS DIVISION 1 GENERAL POWERS Municipality is corporation 250(1) A municipality is a corporation and, subject to this Act, has the rights and is subject to the liabilities of a corporation and may exercise its powers for municipal purposes. General powers 250(2) Without limiting the generality of subsection (1), a municipality may for municipal purposes do the following: (a) acquire, hold, mortgage and dispose of land, improvements and personal property, or an interest in land, improvements and personal property; (b) construct, operate, repair, improve and maintain works and improvements; (c) acquire, establish, maintain and operate services, facilities and utilities; (d) enter into agreements with one or more of the following regarding anything the municipality has power to do within the municipality: (i) a person, (ii) the Government of Canada or one of its agencies, (iii) the Government of Manitoba or one of its agencies, (iv) a local authority, (v) a band as defined in the Indian Act (Canada), (vi) another municipality in Manitoba or a municipality in another province; (e) use municipal equipment, materials and labour to carry out private works on private property. Policy re private works 250(3) The council of a municipality that uses municipal equipment, materials and labour to carry out private works on private property must establish a policy on private works. Council to set charges for private works 250(4) A policy on private works must set out the rates or charges, or the method of fixing the rates or charges, to be charged for the private work before private works are carried out on private property. Application 250(5) For certainty, a rate or charge specified or fixed by the council in the policy on private works is a charge referred to in clause 252(1)⁠(a). S.M. 1998, c. 33, s. 19 ; S.M. 2012, c. 25, s. 11 . Power to acquire property 251(1) The power of a municipality referred to in clause 250(2)⁠(a) to acquire land, improvements and personal property includes (a) acquisition by purchase, lease, gift or otherwise, on any terms or conditions acceptable to the council; (b) acquisition for any purpose, including resale; (c) acquisition of options on land; and (d) acquisition of land and improvements outside the municipality. Exercising power to mortgage 251(2) The power of a municipality referred to in clause 250(2)⁠(a) to mortgage land includes (a) subject to section 176 (approval of Municipal Board), mortgaging land as security for part of the purchase price or for any other purpose; and (b) accepting and registering a mortgage on land sold by it as security for the whole or part of the purchase price. Public tendering and procurement policy 251.1 The council of a municipality must establish a public tendering and procurement policy in respect of the municipality's acquisition of goods or services by purchase, hire-purchase, lease, rental or other agreement, which may (a) establish criteria for soliciting procurements by public tenders or other forms of competitive bids; (b) establish forms of contract and determine when they are to be used; and (c) govern the process for awarding contracts of procurement. S.M. 2012, c. 25, s. 12 . Powers respecting works, services, utilities 252(1) A municipality exercising powers in the nature of those referred to in clauses 250(2)⁠(b), (c) and (e) may set terms and conditions in respect of users, including (a) setting the rates or amounts of deposits, fees and other charges, and charging and collecting them; (b) providing for a right of entry onto private property to determine compliance with other terms and conditions, to determine the amount of deposits, fees or other charges, or to disconnect a service; and (c) discontinuing or disconnecting a service and refusing to provide the service to users who fail to comply with the terms and conditions. Collection of fees 252(2) A charge referred to in clause (1)⁠(a) may be collected by the municipality in the same manner as a tax may be collected or enforced under this Act. Scope of agreements 253(1) The power of a municipality referred to in clause 250(2)⁠(d) to enter into agreements includes the power to enter into agreements pertaining to land, improvements, personal property, works, services, facilities, utilities or private works within or outside the boundaries of the municipality. Power to enter agreements and use funds 253(2) No municipality has the power to enter into an agreement or to use its funds in a manner that is contrary to this or any other Act or a by-law of the municipality. S.M. 2001, c. 30, s. 7 . Expropriation for municipal purpose 254(1) A municipality may, by expropriation in accordance with The Expropriation Act , acquire land and improvements that the council considers necessary or advisable to acquire for a municipal purpose. Authority to enter upon land 254(2) A council may, for the purpose of determining whether to expropriate, authorize an employee or other person to enter upon land to conduct surveys, appraisals and tests, and a person so authorized may enter upon the land for that purpose. Land acquired in other municipality 255 Where a municipality acquires land in another municipality, the land remains in all respects subject to the jurisdiction of the municipality in which the land is situated unless (a) the municipalities otherwise agree; or (b) where the land is acquired by expropriation, The Municipal Board otherwise orders under subsection 8(4) of The Expropriation Act . Maintenance of municipal cemeteries 256 A municipality that operates a cemetery must keep the money received from the sale of plots in a separate account and use the money only for the maintenance of the cemetery. Municipality may not assert lack of authority 257 A municipality may not assert any of the following in respect of its dealings with a person, unless the person has or ought to have knowledge to the contrary: (a) that the municipality did not follow its own procedures; (b) that a person held out by the municipality as having the authority to carry out certain powers or duties was not authorized to carry them out; (c) that a document that is issued by an employee who has the authority to issue it is not valid or genuine. DIVISION 2 ECONOMIC DEVELOPMENT Definition 258(1) In this section, "economic development" means the establishment, expansion or continuation of a business or industry. Encouraging economic development 258(2) A council may encourage economic development in any manner it considers appropriate and, for that purpose, may enter into an agreement with a person, with an agency of the Government of Manitoba or the Government of Canada, or with another municipality, including a municipality in another province. Strategic plan 258(3) A council may adopt a strategic plan for economic development in the municipality. Condition of grant 258(4) A council may make a grant for the purpose of economic development in the municipality, but the grant must not be used to directly or indirectly reduce the amount of municipal or school taxes payable to the municipality or to reimburse a person for municipal or school taxes that are paid or payable to the municipality. DIVISION 3 TAX SHARING AGREEMENTS Agreements 259 Two or more municipalities may enter into an agreement to share taxes or grants in lieu of taxes paid or payable to them or any of them. Application to City of Winnipeg 259.1 This Division applies to The City of Winnipeg. S.M. 1998, c. 33, s. 20 . DIVISION 4 SERVICES IN OTHER MUNICIPALITIES Providing service to other municipality 260(1) 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. Terms and conditions 260(2) 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. Municipality may pay charges 260(3) The agreement may provide that the municipality in which the service or thing is provided will pay for it and charge the amount of the payment to the persons who receive the service or thing, in which case the municipality may collect the payments from the persons as if it were itself providing the service or thing. DIVISION 5 GRANTS, TAX CREDITS AND TAX INCREMENT FINANCING Power to make grants 261(1) A council may make a grant to or otherwise assist (a) a charitable or non-profit organization, association or corporation; (b) another municipality; (c) a local authority; or (d) a municipal participation corporation; if in its opinion the purpose for which the grant is made is in the interest of or to advantage of the municipality or its residents. Benefit may be to only part of municipality 261(2) A council may make a grant under this section even though only a part of the municipality or only some of the residents may benefit from the grant. Recipient may be outside municipality 261(3) A council may make a grant under this section even though the recipient, or any of its facilities, programs or activities, is primarily or solely located or carried on outside the municipality, if the residents of the municipality or some of them, will or could benefit from the grant. Grant to regional development corporation 261(4) A municipality may enter into an agreement with a regional development corporation for the making of a grant to the corporation, but such an agreement must not provide for (a) a grant to be made after the council's term of office expires; or (b) any renewal or continuation of the agreement by reason of the failure of a party to give notice. Condition of grant to regional development corporation 261(5) A grant under subsection (4) must not be used directly or indirectly to reduce the amount of municipal or school taxes payable to a municipality or to reimburse a person for municipal or school taxes paid or payable to a municipality. Definition 261(6) In this section, "regional development corporation" means a corporation incorporated under Part XXII (corporations without share capital) of The Corporations Act and that is subject to subsection 267(2) (incorporation requires minister's approval) of that Act. Definitions 261.1 The following definitions apply in this section and in sections 261.2 and 261.3. "financial assistance" means a tax credit for municipal taxes or a grant. (« aide financière ») "municipal taxes" means business taxes, property taxes, grants in lieu of taxes and fees in lieu of business taxes imposed for municipal purposes under Part 10 (Powers of Taxation). (« taxes municipales ») S.M. 2004, c. 51, s. 2 ; S.M. 2008, c. 42, s. 66 . Establishing financial assistance programs 261.2(1) A council may by by-law establish financial assistance programs. Provisions of financial assistance programs 261.2(2) A financial assistance program may include provisions (a) prescribing the types, locations or classes of premises eligible for financial assistance, which types, locations or classes may be based on the age, assessed value or occupancy of the premises, or other criteria; (b) prescribing the amount, or the manner of calculating the amount, of financial assistance for each premises or each type, location or class of premises; (c) prescribing the types of renovations and costs associated that are eligible for financial assistance; (d) establishing terms and conditions under which financial assistance may be provided or terminated, including establishing criteria for determining (i) the amount, or the manner of calculating the amount, of financial assistance, (ii) the maximum annual financial assistance, and (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 (f) respecting any other matter that the council considers necessary or advisable. S.M. 2004, c. 51, s. 2 . Establishing tax increment financing programs 261.3(1) A council may by by-law establish tax increment financing programs in designated areas of the municipality for the purpose of encouraging investment or development in those areas. Provisions of tax increment financing programs 261.3(2) A tax increment financing program may provide (a) that some or all of the incremental municipal taxes coming from the designated area are to be placed into a reserve fund; (b) that money in a reserve fund is to be used (i) to give financial assistance to persons who invest in developing or constructing property in the area, (ii) to fund a financial assistance program for persons who invest in developing or constructing property in the area, and (iii) to benefit the area by acquiring, constructing, operating, improving and maintaining works, services, facilities and utilities of the municipality; and (c) for any other matter that the council considers necessary or advisable. S.M. 2004, c. 51, s. 2 . PART 9 DUTIES OF MUNICIPALITIES DIVISION 1 RETENTION AND DISPOSITION OF MUNICIPAL RECORDS Retention of municipal records 262(1) A council must retain municipal records for at least the minimum retention period specified in the regulations. Certain documents not to be destroyed 262(2) A council must not destroy municipal records that are specified in the regulations as requiring archival disposition. DIVISION 2 ACCESS TO INFORMATION Municipal records to be provided on request 263(1) A chief administrative officer must, on the request of a person and within a reasonable time, provide access to any of the following municipal records that the municipality is required by regulation to keep at the municipal office: (a) assessment rolls; (b) financial plans; (c) financial statements; (d) reports of the auditor; (e) [repealed] S.M. 1997, c. 53, s. 4 ; (f) the minutes of meetings of the council and council committees, except the minutes for any part of a committee meeting that was closed under subsection 152(3); (g) by-laws and resolutions of the council and resolutions of council committees; (h) a report of the Ombudsman received by the council under clause 37(2)⁠(b) of The Ombudsman Act ; (i) an election finance statement filed by a registered candidate in an election. Council may authorize access to other records 263(2) The chief administrative officer must provide access to any other municipal record in the possession of the municipality if he or she is authorized by the council to provide access to the record. Copy of municipal record 263(3) On payment of a fee that the council may set by by-law, the chief administrative officer must provide a copy of a record to which access has been provided under subsection (1) or (2). Copying fees 263(4) A fee must not exceed a comparable fee payable under The Freedom of Information and Protection of Privacy Act . Certain information not available 263(5) Information about a voter that, under section 34 (personal security protection) of The Municipal Councils and School Boards Elections Act , was omitted from, or obscured on, the voters list or other record must not be made available for inspection or copying under this section. S.M. 1997, c. 53, s. 4 ; S.M. 2001, c. 30, s. 8 ; S.M. 2005, c. 27, s. 158 ; S.M. 2009, c. 35, s. 15 . DIVISION 3 FIRE PROTECTION SERVICES Fire protection services 264 Every municipality must provide fire protection services within its boundaries to reduce the danger of fire, which may include education programs, inspections of property, the installation of alarms, instructions on fighting fires, the provision of fire fighting equipment and a fire protection force. Fire protection force 265 Fire protection services may be provided by a fire protection force comprised wholly or partly of volunteers. Agreement 266 For the purpose of providing fire protection services, a municipality may enter into an agreement with a person, another municipality or an agency or department of the Government of Manitoba or the Government of Canada. Fees for false alarms 267(1) A municipality or a party to an agreement under section 266 may fix a fee or other charge, or a method for determining a charge, for responses by the fire protection force to false alarms caused by automatic fire detection systems. Collection of fees 267(2) A fee or charge under subsection (1) may be collected by the municipality in the same manner as a tax may be collected or enforced under this Act. Services of fire protection force 268 A fire protection force may, with the approval of the council, provide other services, including the prevention and relief of illness and injury and the preservation of life and property. 269 [Repealed] S.M. 2002, c. 26, s. 22 ; S.M. 2006, c. 19, s. 48 . Powers of fire protection force 270 A fire protection force may take such action as it considers reasonably necessary, including using any real or personal property, entering a building or upon land and demolishing or removing a building, tree, structure or crop to provide fire protection services and, subject to the council's approval under section 268, to prevent injury and to preserve life and property. 271 [Repealed] S.M. 2004, c. 51, s. 3 ; S.M. 2009, c. 32, s. 100 . 272 [Repealed] S.M. 2009, c. 32, s. 100 . DIVISION 4 273 to 278 [Repealed] S.M. 2004, c. 2, s. 31 . 279 [Repealed] S.M. 1996, c. 41, s. 31 . 280 and 281 [Repealed] S.M. 2004, c. 2, s. 31 . DIVISION 5 PHYSICALLY DISABLED PERSONS' PARKING Definitions 282 In this Division, "designated parking space"  means a parking space designated by signs or pavement markings as being for the sole use of motor vehicles displaying a permit and that is located (a) on a highway or municipal road, (b) in a public parking lot or facility, or (c) in a private parking lot or facility to which the public has access; (« aire de stationnement désignée ») "motor vehicle"  means a motor vehicle as defined in The Highway Traffic Act ; (« véhicule automobile ») "permit"  means a physically disabled person's parking permit issued under The Highway Traffic Act . (« permis ») Parking by-law for physically disabled persons 283(1) An urban municipality with at least 1,000 residents must, and any other municipality may, by by-law, make it an offence for a person to stop, stand or park a motor vehicle in a designated parking space, or in a manner that makes a designated parking space inaccessible, unless a permit is displayed in the vehicle and is used in accordance with The Highway Traffic Act . Fine 283(2) A by-law made under subsection (1) must impose a fine for its contravention, which must be an amount equal to or greater than the maximum fine for any other parking violation imposed in the municipality. Vehicle towed 283(3) 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. Transitional 283(4) If it has not already done so, a municipality required to pass a by-law under subsection (1) must do so within six months after this section comes into force. By-law for designated parking spaces 284(1) A municipality may, by by-law, require owners or operators of parking lots or other parking facilities to which the public has access to provide designated parking spaces for the use of motor vehicles displaying a permit in accordance with The Highway Traffic Act and for prohibiting the use of such spaces by other vehicles. Content of by-law 284(2) A by-law made under subsection (1) may (a) specify the dimensions of designated parking spaces and the number of the designated parking spaces to be provided by each owner or operator, and the number of spaces may be based on a proportion of the total number of parking spaces in the parking lot or parking facility; and (b) specify the requirements for the design, dimensions and location of signs or pavement markings for designated parking spaces. DIVISION 6 MUNICIPAL ROADS Definition of "municipal road" 285 In this Division, "municipal road" means land that (a) has been opened under section 289, or opened, dedicated or reserved under any other Act, as a road for public use; and (b) has not been closed under section 290 or any other Act; and includes a road allowance, street, lane, thoroughfare, walkway, bridge and underpass, but does not include a departmental road as defined in The Transportation Infrastructure Act . S.M. 2001, c. 30, s. 9 ; S.M. 2018, c. 10, Sch. A, s. 51 . Title to land 286(1) 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. Certain rights preserved 286(2) Subsection (1) does not affect the rights of (a) a person who conveys title to land to be used as a municipal road or part of a municipal road, but reserves the ownership of mines and minerals in the land or an easement or right in the nature of an easement; (b) The Manitoba-Hydro Electric Board or any other Crown agency under The Manitoba Hydro Act or any other Act; or (c) a person claiming under a person referred to in clause (a) or an agency referred to in clause (b). S.M. 1998, c. 33, s. 21 . Control of municipal roads 287 Subject to this and any other Act, a municipality has the direction, control and management of municipal roads within its boundaries. Powers respecting municipal roads 288 A municipality may (a) subject to section 289, open a municipal road; (b) subject to section 290, close a municipal road; (c) subject to section 291, lease land on which was located a municipal road that has been closed under section 290; (d) subject to subsection 291(3), authorize the sale of land on which was located a municipal road that has been closed under section 290; (e) subject to section 292, remove and sell sand and gravel found on or under a municipal road; (f) construct, improve, alter or divert a municipal road; (g) use private land as a temporary municipal road, subject to the payment of compensation for the use of the land and any damage caused by the use; and (h) subject to The Water Rights Act , acquire, enter upon or use land in or adjacent to the municipality for the purpose of providing drainage for a municipal road or an outlet for the drainage, subject to the payment of compensation for the use of the land and any damage caused by the use. S.M. 2018, c. 29, s. 26 . Opening a municipal road 289 A municipality may open land for public use as a municipal road by (a) passing a by-law opening the road; and (b) registering the by-law and a plan at the appropriate land titles office. S.M. 1998, c. 33, s. 22 . Closing a municipal road 290(1) Subject to subsection (2), a municipality may close a municipal road by (a) passing a by-law closing the road; and (b) [repealed] S.M. 2018, c. 29, s. 26 ; (c) registering the approved by-law and a plan at the appropriate land titles office. Notice of proposed closing 290(2) A municipality proposing to close a municipal road must give public notice and hold a public hearing in respect of the proposed closure and must serve notice of the proposal and hearing on the minister. S.M. 1998, c. 33, s. 23 ; S.M. 2000, c. 35, s. 59 ; S.M. 2018, c. 10, Sch. A, s. 51 ; S.M. 2018, c. 29, s. 26 . Leasing land with closed municipal road 291(1) A municipality may lease land on which was located a municipal road that has been closed, if the lease is in a form approved by the minister and filed with the member of the Executive Council charged with the administration of The Crown Lands Act . 291(2) [Repealed] S.M. 2018, c. 29, s. 26 . Mines and minerals in land with closed municipal road 291(3) Where a municipality authorizes the sale of land on which was situated a municipal road that has been closed under section 290, a transfer of the land to a person vests in the person the fee simple, but the title to the mines and minerals remains vested in the Government of Manitoba unless their sale is approved in writing by the member of the Executive Council charged with the administration of The Crown Lands Act . Sale of land shown as road allowance 291(4) A municipality may authorize the sale of land shown as a road allowance in the Dominion Government Survey only with the written approval of the member of the Executive Council charged with the administration of The Crown Lands Act . S.M. 2018, c. 29, s. 26 . Sand and gravel 292 A municipality may, subject to The Mines and Minerals Act , remove sand and gravel found on or under a municipal road and (a) use it for the construction, maintenance or repair of a municipal road; or (b) with the written consent of the Minister of Conservation and Water Stewardship, sell it. S.M. 2000, c. 35, s. 59 ; S.M. 2012, c. 40, s. 63 . Maintenance of municipal roads and certain land after approval 293 A municipality must maintain (a) municipal roads within its boundaries; and (b) land within its boundaries that is shown on a plan of subdivision registered by an applicant at a land titles office under The Planning Act as dedicated for public use as a municipal road, upon compliance by the applicant with any condition that is related to the road and required for approval of the plan. Standard of construction and maintenance 294 A municipality is required to construct or maintain a municipal road only to a standard that is appropriate for the use to which the municipality expects the road to be put. DIVISION 6.1 DRAINS Definition 294.1(1) In this section, " drain " means a culvert, drain, drainage ditch, dyke or floodway, constructed or maintained by a municipality but does not include a provincial waterway as defined by The Water Resources Administration Act . Jurisdiction over drains 294.1(2) Subject to the rights vested in any other party under The Water Resources Administration Act or The Water Rights Act , a municipality has jurisdiction over every drain within its boundaries. Duties re drains 294.1(3) A municipality must maintain every drain within its boundaries to a standard that is appropriate for the use to which the municipality expects the drain to be put. Municipality's power to clear drains 294.1(4) 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 (b) by any other means. S.M. 1998, c. 33, s. 24 . DIVISION 7 INTER-MUNICIPAL ROADS, BRIDGES, AND DRAINS Joint responsibility to maintain 295(1) Municipalities are jointly responsible to maintain every municipal road, bridge and drain that crosses or runs along their boundaries. Standard of construction and maintenance 295(2) Municipalities are required to construct or maintain a municipal road, bridge or drain referred to in subsection (1) only to a standard that is appropriate for the use to which the municipalities agree they expect the road, bridge or drain is to be put. Agreement to construct or maintain 295(3) A municipality may request another municipality to enter into an agreement to construct or maintain or to share the costs of constructing or maintaining a municipal road, bridge or drain that crosses or runs along their boundaries or is located within either of their boundaries. Joint jurisdiction over municipal roads and bridges 295(4) Municipalities that have joint responsibility for a municipal road, bridge or drain under subsection (1) have joint jurisdiction over it but must enter into an agreement respecting which of their respective by-laws are to apply to the municipal road or bridge, and which police force is to enforce the by-laws. Reference to Municipal Board 295(5) A municipality that is not able to agree with another municipality on a matter relating to a municipal road, bridge or drain may refer the matter to The Municipal Board for determination, including (a) whether a road, bridge or drain is needed; (b) a standard of construction or maintenance; (c) each municipality's share of construction or maintenance costs; (d) which municipality's by-laws are to be enforced and by which police force; and (e) each municipality's share of the costs of enforcing a by-law. Application to City of Winnipeg 295(6) This Division applies to The City of Winnipeg. S.M. 1997, c. 34, s. 29 . DIVISION 8 DROWNINGS AND UNCLAIMED BODIES Recovery of body of drowned person 296(1) A municipality must take reasonable steps to recover the body of a person who drowns in the municipality. Municipality to bury unclaimed body 296(2) Subject to The Anatomy Act , a municipality is responsible for the burial of a dead person found in the municipality if the body is not claimed. Recovery of costs 296(3) The municipality must pay the costs incurred in complying with subsections (1) and (2) and may recover the costs from the municipality in which the person was a resident immediately before his or her death. Recovery of costs from estate 296(4) A municipality that pays costs under this section may recover the costs from the estate of the deceased person. Application to City of Winnipeg 297 This Division applies to The City of Winnipeg. PART 10 POWERS OF TAXATION DIVISION 1 GENERAL Definitions 298(1) In this Part, "business tax"  means a tax imposed by or under the authority of a by-law under subsection 306(1); (« taxe d'affaires ») "local improvement by-law"  means a by-law made under subsection 320(1) to approve a local improvement plan; (« règlement sur les améliorations locales ») "property tax"  means a tax imposed in respect of real or personal property by or under the authority of a by-law under subsection 304(1); (« taxe sur les biens ») "special services by-law"  means a by-law under subsection 320(1) to approve a special services proposal; (« règlement sur les services spéciaux ») "supplementary tax"  means a tax imposed under Division 5 in respect of a business or property. (« taxe supplémentaire ») Interpretation 298(2) Terms and expressions that (a) are used but not defined in this Act; and (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. Liability for taxes in respect of property 299(1) Each person in whose name property is assessed or who later becomes the assessed owner of the property is liable to pay the taxes imposed under this Part in respect of the property. Liability for taxes in respect of business 299(2) Each person carrying on a business in a municipality is liable to pay the taxes or fees imposed in respect of the business. Joint liability 299(3) If a tax or fee imposed under this Part in respect of a property or business is payable by two or more taxpayers, payment by any one of them on account of the tax or fee discharges the liability of the others for the tax or fee to the extent of the payment. No charge on land 299(4) Nothing in this Act makes a tax or fee imposed under this Part in respect of a business a charge on the land or premises on or in which the business is carried on. Annual tax roll 300(1) No later than August 31 of each year, a municipality must prepare a tax roll in a form approved by the minister. Tax rolls may be separate 300(2) A tax roll may consist of one roll for all taxes under this Part or a separate roll for each of the taxes. Tax roll may be part of assessment roll 300(3) A tax roll may be combined with, or separate from, the corresponding assessment roll. Content of tax roll 300(4) The tax roll must show the following for each property or business in respect of which a tax is imposed: (a) the roll number; (b) a description sufficient to identify the location of the property or business; (c) the name and mailing address of the taxpayer; (d) the total of all taxes imposed in respect of the property or business; and (e) the amount of any tax arrears. Assessed value re community revitalization property 300(4.1) In respect of real property that is designated as a community revitalization property under The Community Revitalization Tax Increment Financing Act , the tax roll must indicate separately the portions of the property's assessed value that are attributable to its pre-designation assessed value and its incremental assessed value, as determined under section 8 or 9 of that Act. Error or omission in tax roll 300(5) The fact that information required to be shown on a tax roll is omitted or that the information shown contains an error does not invalidate the roll or any other information shown on the roll. Cancellation or reduction of taxes re property 300(6) A municipality may correct its tax roll and cancel or reduce taxes in respect of a property if, after the tax roll has been completed, the assessor reports to the municipality that (a) the property is entitled to exemption from taxation due to change in ownership or use; (b) the assessment of the property requires reduction because of a change in the physical condition of the property; or (c) a change has been made in the classification of the property under The Municipal Assessment Act or a regulation under that Act. Cancellation or reduction of taxes re business 300(6.1) A municipality may correct its tax roll and cancel or reduce taxes in respect of a business if, after the tax roll has been completed, the assessor reports to the municipality that (a) the business is entitled to exemption from taxation due to change in ownership or use; or (b) the business has ceased to operate and is no longer subject to a business assessment. Amended tax notice 300(7) If a correction to a tax roll results in a decrease in the taxes imposed for a year, the municipality must send the taxpayer an amended tax notice showing the taxes payable after the correction. S.M. 1998, c. 33, s. 27 ; S.M. 2009, c. 29, s. 17 . Error or omission based on false information 301(1) If an error or omission in a tax or assessment roll (a) resulted from a taxpayer knowingly providing false information to the assessor; and (b) resulted in no tax being imposed or in the imposition of less tax than would have been imposed if the taxpayer had provided the correct information to the assessor; the municipality may, for each year in which the assessment or the imposition of or exemption from tax was based on the false information, correct the tax roll, impose taxes and impose penalties at the rate or rates set by by-law and send an amended tax notice to the taxpayer. No liability on innocent purchaser 301(2) Despite subsection 299(1), a person who becomes the assessed owner of property as a result of an arm's-length purchase of the property made in good faith is not liable for the taxes and penalties imposed or charged under subsection (1) against a former owner of the property. Annual tax notices 302(1) No later than August 31 of each year, a municipality must (a) prepare, in a form approved by the minister, tax notices for all properties and businesses shown on its tax roll; and (b) subject to subsection (4), send each tax notice by mail to the mailing address of the taxpayer as shown in the tax roll. Material with tax notices 302(1.1) Tax notices sent out under subsection (1) must include or be accompanied by any tax-related printed information or material supplied by the minister. But the information or material must not include the name, image or title of a member of the Executive Council. Tax notices may be combined 302(2) Tax notices for a number of properties or businesses may be combined in one tax notice if the same person is the taxpayer in respect of each of them. Content of tax notice 302(3) A tax notice in respect of a business or property must show (a) the same information that is required to be shown on the tax roll in respect of the business or property; (b) the date by which the taxes must be paid; and (c) the applicable tax rate or rates set by by-law, or one tax rate that combines all the applicable rates. If mailing address not shown 302(4) If a taxpayer's mailing address is not shown in the tax roll, the municipality must (a) send the taxpayer's tax notice to the mailing address of a business or property identified in the notice; or (b) retain the notice, if the mailing address of the business or property is not known to the municipality. Retained notice deemed to be sent 302(5) A tax notice that is retained under clause (4)⁠(b) by a municipality is deemed to have been sent to the taxpayer. Certificate 302(6) A certificate signed by a designated officer and stating that tax notices were sent in accordance with this section is evidence that taxes have been imposed as set out in the notices and that the notices were sent. S.M. 2021, c. 55, s. 15 . Receipt for taxes paid 303 If a receipt is requested at the time of payment, a municipality must provide a receipt for the amount paid to it on account of taxes. DIVISION 2 PROPERTY TAXES Property tax by-law 304(1) No later than May 15 of each year, after adopting its operating budget for the year, a council must by by-law (a) set a rate or rates of tax sufficient to raise (i) the revenue to be raised by property taxes as set out in the operating budget, and (ii) the revenue to be raised in the year to pay for a local improvement or special service and to pay the requisitions payable by the municipality; (b) impose taxes (i) in accordance with the tax rate or rates set under clause (a) on the portioned value of each assessable property in the municipality that is liable under The Municipal Assessment Act to that tax, and (ii) where the tax is in respect of a local improvement or special service, in accordance with the local improvement or special services by-law; and (c) set a due date for payment of the taxes. By-law to be filed 304(2) A municipality must file with the minister by June 15 a copy of each by-law made under subsection (1). Amendment of by-law 304(3) A by-law under subsection (1) must not be amended to change a tax rate after tax notices have been sent to taxpayers. Imposition of tax on part of municipality 304(4) If a requisition applies to only part of a municipality, the taxes required to raise the revenue to pay the requisition must be imposed only on property in that part of the municipality. DIVISION 3 BUSINESS TAX Application 305 This Division does not apply to an organization or association referred to in section 30 of The Municipal Assessment Act or to its business or business premises. Business tax by-law 306(1) If a council has authorized business assessments to be made, it must in each year by by-law, after adopting its operating budget and no later than May 15, (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 (c) set a due date for payment of the tax. Maximum tax rate 306(2) A municipality's business tax rate cannot exceed 15%. Part year use or occupancy 307 A person who, for the purpose of carrying on a business, uses or occupies premises for part of a year is liable to pay, for each month of use or occupation, 1/12 of the business tax imposed in respect of the premises for the year and, for this purpose, use or occupation for any 1/2 or greater part of a month is deemed to be use or occupation for the month. Fees in lieu of business taxes 308 If a council has not authorized business assessments to be made, it may, after adopting its operating budget of the year, by by-law (a) set a fee, subject to any limitation prescribed by the minister by regulation, and impose it on each business carried on in the municipality; and (b) set a due date for payment of the fee. Tax or fee in addition to other taxes 309 An owner of premises on whom a tax or fee is imposed under this Division is liable for the tax or fee despite the fact that he or she is liable, as owner of the premises, to pay other taxes imposed under this Part. DIVISION 3.1 MOBILE HOMES Definitions 309.1(1) The following definitions apply in this section. "characteristic" includes the age, size, type or any other characteristic of a mobile home prescribed by by-law. (« caractéristique ») "mobile home by-law" means a by-law continued under this Act that requires a mobile home in a municipality to be licensed.

(« règlement sur les maisons mobiles ») Amending mobile home licence fees 309.1(2) 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 (b) establish classes of mobile homes with different characteristics and fix, or provide for the manner of determining and fixing, different fees for different classes of mobile homes. Phasing out mobile home licences 309.1(3) In repealing a mobile home by-law, a council may limit the increase or decrease in the amount payable as property taxes for a mobile home when compared to the amount that was paid as a licence fee, on the terms and conditions, and for the time period, prescribed in the by-law. S.M. 2004, c. 51, s. 4 . DIVISION 4 LOCAL IMPROVEMENTS AND SPECIAL SERVICES Definition 310 In this Division, "potential taxpayer" , in relation to a local improvement plan or by-law or a special services proposal or by-law, means a person who would, if the local improvement or special service were approved by by-law, be liable to pay for the local improvement or special service. Local improvement 311 If approved by by-law, a municipality may undertake, as a local improvement for the benefit of all or part of the municipality, (a) the acquisition, development, upgrading or replacement of one or more of the following: (i) sewage collection and treatment facilities, (ii) water supply, treatment and distribution facilities, (iii) waste management facilities, (iv) highways, (v) drainage systems; or (b) any other project the cost of which includes a capital component. Special service 312 If approved by by-law, a municipality may provide, as a special service to all or part of a municipality, one or more of the following: (a) highway construction and maintenance; (b) snow removal and dust control; (c) tree planting or control of a plant or tree disease; (d) grass and weed cutting and control; (e) the collection and transportation of waste or recyclable materials; (f) incentives to health care professionals to practise their professions in the municipality; (g) recreation support services; (h) street lighting; (i) fire and police protection services; (i.1) emergency management services; (j) business improvement area services; (k) drainage construction and maintenance; (l) maintenance or operation of a local improvement. S.M. 1998, c. 33, s. 28 ; S.M. 2013, c. 12, s. 18 . Plan or proposal 313 A municipality must prepare a local improvement plan or special service proposal if the local improvement or special service has been (a) proposed by the council; (b) requested by the committee of a local urban district; or (c) requested in a petition to the council signed by at least 2/3 of the potential taxpayers under the plan or proposal. Content of proposal 314 A special service proposal must (a) describe the proposed service; (b) describe the area of the municipality to which the service is to be provided and in respect of which the special services tax is to be imposed; (c) state the estimated cost of the service; and (d) state the proposed method and rate to be used for calculating the special service tax. Content of plan 315(1) A local improvement plan must (a) describe the proposed local improvement; (b) identify the local improvement district or the lands or businesses in respect of which the local improvement tax is to be imposed; (c) identify the potential taxpayers under the plan; (d) state the method and rate to be used for calculating the proposed local improvement tax, the number of years in which it is to be imposed and, if the tax can be prepaid under section 325, the estimated discount or rate of discount for prepayment; (e) state the estimated cost of the local improvement and the period of years over which the cost is to be spread, which must not exceed the projected useful life of the improvement; (f) identify the anticipated sources of funding to pay for the local improvement and the portion of the estimated cost to be paid by each source; (g) state the estimated amount of money to be borrowed, and the maximum rate of interest, the term and the terms of repayment of the borrowing; and (h) state how the annual operation or maintenance of the local improvement is to be funded. Estimated cost of local improvement 315(2) For the purpose of clause (1)⁠(e), the estimated cost of a local improvement includes (a) all capital costs to be incurred for the purpose of the improvement, including the cost of acquiring land that the council considers necessary for the improvement; (b) the cost of professional services needed to undertake the improvement; (c) the amount required to repay any existing debt on a local improvement that is to be upgraded or replaced; (d) the costs of financing the improvement; and (e) other expenses incidental to the undertaking of the improvement or to the raising of revenue to pay for it. Costs to be paid by municipality 315(3) 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 . Calculation of tax rates 315(4) Unless otherwise authorized by The Municipal Board on an application to it by a municipality before third reading of a local improvement by-law, the tax rates proposed in the local improvement plan must be calculated to raise the same amount of revenue in each year during the period over which the cost of the local improvement is proposed to be spread. Apportionment of estimated cost 315(5) If in the opinion of the council a proposed local improvement would benefit some lands or businesses for a period and additional or other lands or businesses for another period, the local improvement plan may propose that (a) the estimated cost of the improvement be apportioned among all the lands or businesses according to the period or periods in which they are expected to benefit from the improvement; and (b) the local improvement taxes be imposed on those lands or businesses accordingly. Basis for calculating taxes 316(1) Local improvement taxes or special services taxes must be calculated on the basis of one or more of the following: (a) the portioned value of assessable property that is real property; (b) the annual rental value of premises as assessed for the purpose of a business tax; (c) an amount for each unit of area of the lands benefited by the improvement or service; (d) an amount for each unit of frontage of the lands benefited by the improvement or service; (e) an amount for each business; (f) an amount for each parcel of land. Corner and irregular lots 316(2) If a tax under this Division in respect of land is to be based in whole or in part on units of measurement in respect of land, a council may assign to corner or irregular parcels of land such number of units as it considers appropriate in order to ensure that the taxpayer will be liable for a fair share of the tax. Reduction for lands abutting a road 316(3) A local improvement tax may be reduced or eliminated for lands abutting a road (a) if the local improvement is a sanitary or storm sewer or a water main along the road; (b) the local improvement is constructed (i) to reach some other area of the municipality, (ii) in addition to or as a replacement of an existing local improvement, or (iii) in order to provide capacity for future development; and (c) the existing sanitary or storm sewer or water main is sufficient for the existing development in the area. Property subject to tax 316(4) Despite the provisions of The Municipal Assessment Act , local improvement taxes and special services taxes may be imposed in respect of any assessable property that is real property, other than property described in section 21 of that Act. S.M. 1998, c. 33, s. 29 . Local improvement districts and special services areas 317(1) A council may by by-law designate as a local improvement district or special services area the area or areas in which the businesses or properties that are expected to benefit from a local improvement or special service are located. Reference to local improvement district or special services area 317(2) A local improvement district or special services area must be designated by a name or number, and a reference in a local improvement plan or by-law to a local improvement district, or in a special services proposal or by-law to a special services area, by its name or number is deemed to be a reference to the properties or businesses situated within the district or area. Notice of plan or proposal and public hearing 318(1) After preparing a local improvement plan or a special services proposal, a municipality must send a notice of the plan or proposal by mail to each potential taxpayer under the plan or proposal and hold a public hearing with regard to the plan or proposal. Time to send notice 318(1.1) A notice under subsection (1) must be sent to each potential taxpayer at least 21 days before the date of the public hearing. Content of notice 318(2) A notice under this section must include (a) a summary of the information included in the local improvement plan or special service proposal; and (b) information regarding the potential taxpayer's right to object to the plan or proposal. Notice to railway company 318(3) A notice under subsection (1) to a railway company must be sent by registered mail. Notice where tax to be levied on all taxpayers 318(4) Despite subsection (1) but subject to subsection (3), if all the taxpayers in the municipality are potential taxpayers under a local improvement plan or special services proposal, the municipality may give public notice of the plan or proposal instead of mailing a notice to each potential taxpayer. S.M. 1998, c. 33, s. 30 . Objection to plan or proposal 319(1) Subject to subsection (2), a potential taxpayer under a local improvement plan or special services proposal may object to the plan or proposal by filing a notice of objection, by mail or in person, with the chief administrative officer before the public hearing. Content of notice 319(2) A notice of objection under subsection (1) must (a) state the name and address of the person making the objection; (b) identify the local improvement plan or special services proposal in respect of which the objection is made; (c) identify the business or property in respect of which the person is a potential taxpayer under the plan or proposal; and (d) state the grounds for the objection. Construction of sewer 319(3) A potential taxpayer is not entitled to object to the construction, as a local improvement, of (a) a sewer that is recommended by the minister responsible for the administration of The Public Health Act or the municipality's medical officer of health appointed under that Act; or (b) a private connection of a street sewer or water line to a building on land otherwise serviced with water. S.M. 1998, c. 33, s. 31 ; S.M. 2021, c. 5, s. 34 . By-law to approve plan or proposal 320(1) Subject to subsections (2) to (6) and subsection 321(4), a council may by by-law (a) approve the local improvement or special service as set out in the plan or proposal; and (b) authorize the municipality to impose taxes as set out in the plan or proposal. Objection by 2/3 of potential taxpayers 320(2) If 2/3 or more of the potential taxpayers under a local improvement plan or special services proposal have objected under subsection 319(1) to the plan or proposal, the council may not (a) approve the plan or proposal; or (b) propose a similar plan or proposal for a period of two years after sending the notices under subsection 318(1). 320(3) [Repealed] S.M. 1998, c. 33, s. 32 . Requirements before third reading 320(4) Before giving third reading to a proposed by-law to approve a local improvement plan or special services proposal, a council must (a) give notice to each person who filed an objection under subsection 319(1) of its intention to give third reading, and of that person's right to object under subsection (5); and (b) submit the by-law to The Municipal Board for its review and approval. Taxpayer objection to third reading 320(5) A potential taxpayer under a proposed local improvement or special services by-law may, by filing a notice of objection with The Municipal Board within 30 days after notices are sent under clause (4)⁠(a), object to the by-law being given third reading. Requirements of objection 320(6) Subsections 319(2) and (3) apply to notices of objection under subsection (5). S.M. 1998, c. 33, s. 32 . Hearing by Municipal Board 321(1) If at least 25, or 10%, of the potential taxpayers under a proposed local improvement or special services by-law object under subsection 320(5) to the by-law being given third reading, The Municipal Board must hold a public hearing regarding the by-law before making an order under subsection (2). Municipal Board decision 321(2) The Municipal Board must consider each proposed by-law submitted to it under subsection 320(4) and by written order (a) approve the by-law as submitted, with or without conditions; (b) refuse to approve the by-law; or (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, (ii) by changing (A) the amount or rate of tax, or (B) the method of calculating the tax, to be levied in respect of one or more businesses or properties. Notice and opportunity to be heard 321(3) 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 (b) give those taxpayers and the municipality an opportunity to be heard by the Board. Limitation on third reading 321(4) A council may give third reading to a local improvement or special services by-law only as amended or approved by The Municipal Board. Amendment after subdivision, consolidation or change in plan 322(1) If, after a local improvement or special service is approved by by-law, (a) there is a subdivision or consolidation of a parcel or parcels of land or a change in a plan of subdivision; and (b) in the opinion of the council, a property resulting from or affected by the subdivision, consolidation or change would not bear its appropriate share of the cost of the local improvement or special service; the council must amend the by-law to ensure that each such property bears an appropriate share of the cost of the local improvement or special service. Reduction in local improvement taxes 322(2) If, after a local improvement has been approved by by-law, the municipality (a) receives more financial assistance for the local improvement than is provided for in the by-law; or (b) obtains financing for the local improvement at a lower cost than is provided for in the by-law; the council must amend the by-law to reduce the cost or portion of the cost to be paid by local improvement taxes. Agreement re land required for local improvement 323 If a municipality requires a parcel of land in order to proceed with a local improvement, the municipality may enter into an agreement with the owner of the parcel under which, in consideration of (a) a dedication or gift of the parcel to the municipality; or (b) a release by the owner of all or part of his or her claim for compensation for the parcel; the local improvement tax that would otherwise be imposed in respect of the remainder of the owner's land is reduced by an amount not exceeding the fair market value of the owner's interest in the parcel. Excess taxes 324 If the taxes collected by a municipality to pay for a local improvement or special service exceed its actual cost of undertaking the improvement or providing the service, the municipality must (a) place the excess in a fund that may be used only for the benefit of the properties and businesses in respect of which they were imposed; or (b) refund the excess to the taxpayers. Prepayment of local improvement taxes 325 A taxpayer whose local improvement taxes are not based in whole or in part on an assessment may prepay the taxes by the date set by the council in the local improvement by-law. DIVISION 5 SUPPLEMENTARY TAXES Supplementary taxes re property 326(1) A municipality may correct its tax roll in respect of a property and impose supplementary taxes if, after the tax roll has been completed, the assessor reports to the municipality that (a) the property is liable to taxation but was not assessed; (b) the property is liable to taxation due to change in ownership or use; (c) the assessment of an improvement on the property requires an increase because of a change in the physical condition of the improvement; (d) a change has been made in the classification of the property under The Municipal Assessment Act or a regulation under that Act; or (e) the land has been improved or subdivided. Supplementary taxes re business 326(1.1) 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 (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 (c) the assessment of an improvement in which the business is carried on requires an increase because of a change in the physical condition of the improvement. Supplementary taxes based on set rates 326(2) Supplementary taxes in respect of a property or business for a year or part of a year must be calculated using the applicable tax rate or rates set by by-law for the year. Period for which supplementary taxes are payable 326(3) Supplementary taxes imposed under subsection (1) or (1.1) are payable for the period (a) beginning on the date (i) the property or business is liable to taxation under clause 326(1)⁠(a) or (1.1)⁠(a), (ii) the change to the property or business occurred, under clause 326(1)⁠(b),(c) or (d) or clause 326(1.1) (b) or (c), or (iii) the land was improved or subdivided under clause 326(1)⁠(e); but not earlier than January 1 of the year preceding the year in which the assessor's report was received by the municipality; and (b) ending December 31 of the year in which the assessor's report was received by the municipality. S.M. 1998, c. 33, s. 33 . Supplementary tax notice 327(1) If supplementary taxes are imposed, the municipality must send a supplementary tax notice to the taxpayer. Content of notice 327(2) A supplementary tax notice must include, in addition to the information required to be shown in a regular tax notice, a reference to the taxpayer's right of appeal under subsection 328(1). Application to board of revision 328(1) A taxpayer named in a supplementary tax notice may apply to the board of revision for a revision with respect to any of the following matters which caused the imposition of supplementary taxes: (a) the liability to taxation of property or business; (b) the assessment of property or business; (c) the classification of property. Requirements of application 328(2) An application under subsection (1) must (a) be made in writing; (b) be filed with the chief administrative officer within 30 days after the day of mailing of the supplementary tax notice; (c) set out the roll number and description of the property or business for which a revision is sought; and (d) state the grounds on which the application is based. Requirements of Municipal Assessment Act 328(3) An application that meets the requirements of subsection (2) is deemed to be an application that satisfies the requirements of subsection 43(1) of The Municipal Assessment Act . S.M. 1998, c. 33, s. 34 . DIVISION 5.1 SHORT-TERM ACCOMMODATION TAX Definitions 328.1(1) In this Division, "short-term accommodation" means any premises or part of a premises where living accommodation is provided on a transient basis for a period of 30 consecutive days or less. (« logement à court terme ») "short-term accommodation tax" means the tax imposed by a by-law enacted under subsection 328.2(1). (« taxe sur les logements à court terme ») Interpretation: "premises" 328.1(2) In this Division, "premises" includes a structure or building attached to or located on land. S.M. 2026, c. 44, s. 52 . Short-term accommodation tax by-law 328.2(1) A council may by by-law impose taxes on a person who purchases the use of a short-term accommodation within the municipality. Content of by-law 328.2(2) In a by-law under subsection (1), a council must (a) specify the types of premises or parts of premises within the municipality that are subject to the short-term accommodation tax; and (b) establish the amount or rate of the tax or the method of calculating the tax to be imposed. Classes 328.2(3) A by-law may establish different classes of short-term accommodations and may set different amounts or rates of short-term accommodation tax for different classes. Collection of tax 328.2(4) A council may by by-law (a) require the owners or operators of short-term accommodations to (i) collect the short-term accommodation tax, and (ii) remit the tax at the times, and in the manner, specified in the by-law; (b) make rules for the collection and proper accounting of the short-term accommodation tax, including audits; and (c) authorize designated officers (or designated employees or designated officials for The City of Winnipeg) to (i) conduct inspections or audits related to compliance with this Division, and (ii) for the purpose of subclause (i), enter short-term accommodations and any other places where records relating to short-term accommodations might be kept. Collection 328.2(5) A short-term accommodation tax may be collected by the municipality in the same manner and with the same priority as business taxes. Council to hold public hearing on by-law 328.2(6) Before adopting or amending a by-law under this section, the council must give public notice and hold a public hearing in respect of the by-law. In the case of The City of Winnipeg, the public notice and public hearing provisions of The City of Winnipeg Charter apply. S.M. 2026, c. 44, s. 52 . Exemption from tax 328.3 A council may exempt the following from the short-term accommodation tax: (a) persons or classes of persons, including persons who rent the use of a short-term accommodation for a purpose specified in the by-law; (b) short-term accommodations or types or classes of short-term accommodations. S.M. 2026, c. 44, s. 52 . Application to City of Winnipeg 328.4 This Division applies to The City of Winnipeg. S.M. 2026, c. 44, s. 52 . DIVISION 6 AMUSEMENT TAX Definitions 329 In this Division, "admission price"  means (a) the greater of the face value of the ticket and the amount paid for entrance or admission to a place of amusement, (b) the amount paid for (i) a ride or the use of a thing, or (ii) participation in an amusement, and (c) the amount paid for the right to sit in or use any seat, box or stand in a place of amusement; (« prix d'entrée » ) "amusement" means a contest, dance, entertainment, exhibition, game, performance, program, show, riding device or amusement ride; (« divertissement ») "place of amusement"  means a place where (a) an amusement is given, held or played or takes place, and (b) an admission price is charged or collected. (« lieu de divertissement ») Amusement tax by-law 330(1) A council may by by-law impose taxes on the admission price. Rates of tax 330(2) A by-law under subsection (1) may set different rates for different categories of amusement or places of amusement. Collection of tax 330(3) A council may by by-law (a) require the owners or operators of places of amusement to (i) collect the amusement tax, and (ii) remit the tax after each performance or at any time and in any manner; (b) make rules for the collection and proper accounting of the tax, including audits; and (c) authorize designated officers (or designated employees or designated officials for The City of Winnipeg) to (i) conduct inspections or audits related to compliance with this Division, and (ii) for the purpose of subclause (i), enter places of amusement and any other places where records relating to amusements might be kept. S.M. 2026, c. 44, s. 53 . Payment in lieu of tax 331 A council may accept money in lieu of tax on the admission price to a place of amusement from its owner or operator. Exemption from tax 332 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. Application to City of Winnipeg 333 This Division applies to The City of Winnipeg. DIVISION 7 GRANTS IN LIEU OF TAXES Definitions 334 In this Division, "Crown"  means His Majesty the King in right of Manitoba; (« Couronne ») "Crown lands"  means lands that are vested in the Crown and includes lands referred to as "provincial lands" in an Act of the Legislature; (« terres domaniales ») "institutional lands"  means (a) lands that are (i) exempt from municipal taxation, (ii) owned or leased by the Crown, Manitoba Properties Inc., the University College of the North, or a college as defined in section 1 of The Advanced Education Administration Act , and (iii) used as the site of an educational institution, (b) lands that are contiguous to the lands described in clause (a) and are reasonably or necessarily used for the purposes of the educational institution, including use as its campus or for its recreational purposes, (c) lands that are owned by The University of Manitoba, The University of Winnipeg or Brandon University and used or occupied by any person under a lease or permit for grazing or hay-making purposes, or under a general permit for use or occupancy, and (d) lands that are owned by The University of Manitoba, The University of Winnipeg, Université de Saint-Boniface or Brandon University and belong to a residential class of assessable property under The Municipal Assessment Act ; (« terrains d'établissements d'enseignement ») "land" , unless expressly provided otherwise, includes improvements on the land. (« bien-fonds ») S.M. 1998, c. 51, s. 8 ; S.M. 1999, c. 28, s. 10 ; S.M. 2004, c. 16, s. 41 ; S.M. 2005, c. 13, s. 14 ; S.M. 2005, c. 40, s. 61 ; S.M. 2011, c. 16, s. 43 ; S.M. 2015, c. 11, s. 53 . Grants payable in lieu of taxes 335(1) Grants must be paid in each year to each municipality with respect to Crown lands or institutional lands in the municipality in lieu of the taxes that would be payable with respect to the lands if they were not exempt from municipal taxation. Liability for grant 335(2) A grant under subsection (1) is payable (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 (b) in any other case, on the minister's written request, by the Minister of Finance out of the Consolidated Fund. Amount of grant 335(3) The amount payable as a grant under subsection (1) in respect of a property is the amount that would be payable as taxes under this Part in respect of the property if it were not exempt from municipal taxation. Exceptions 335(4) Despite subsection (1), no grant is payable in respect of (a) unimproved lands in respect of which (i) no grant or transfer has been issued from, or made by, the Crown, or (ii) no registration has been made under The Real Property Act ; (b) lands in a provincial forest to which The Forest Act applies; (c) Crown lands in public highways or road allowances; (d) lands used for the purposes of a water control work, a natural water channel or lake that has been designated as a provincial waterway under The Water Resources Administration Act ; (e) lands leased to, or occupied by, a person who, respecting the lands, is liable to municipal taxation; (f) lands within a provincial park as defined in The Provincial Parks Act ; (g) lands owned by or used by or for a Crown agency; (h) lands occupied by a person who, respecting the lands, is exempt under The Municipal Assessment Act from municipal taxation; (i) mines, minerals, sand, gravel, peat, peat moss, petroleum, natural gas or other hydrocarbons in, on, or under Crown lands; (j) lands within community pastures; (k) lands designated under The Wildlife Act and used as public shooting grounds and wildlife refuges; (l) lands designated as a Crown or public reserve on a plan of subdivision under The Planning Act ; or (m) Crown lands within a municipality that in whole or in part are used or intended for use by the municipality as a public park or a public recreational area. Application of subsection (4) 335(5) Subsection (4) does not apply to (a) the right or interest of an employee of the government in Crown lands that the employee occupies as his or her residence; (b) lands designated as a wildlife management area under The Wildlife Act ; or (c) land that is described as real property under clause 22(1)⁠(q) of The Municipal Assessment Act . Delayed exemption 335(6) Despite subsection (4), where the province has acquired land in a municipality for the purposes referred to in clause (4)⁠(d), a grant in lieu of taxes must be paid to the municipality in each of the three years after the year in which the lands are acquired. Local improvement taxes payable before acquisition 335(7) Despite subsection (4), where (a) land is acquired for any purpose referred to in clause (4)⁠(b), (c), (f) or (k); and (b) the land would otherwise be subject to tax in respect of a local improvement that was approved by by-law before the date of the acquisition; a grant must be paid to the municipality in lieu of the tax in each year equal to the tax that would have been imposed in respect of the property for the year in accordance with the by-law. Grant in respect of Legislative Building, Government House 335(8) Despite subsection (3), the grant payable in each year to The City of Winnipeg (a) in respect of the land bounded by the streets known as Broadway, Kennedy Street, and Osborne Street and by the Assiniboine River, is the amount that would be payable as taxes under this Part in respect of the land alone, without improvements, if it were not exempt from municipal taxation; and (b) in respect of the improvements on that land, is $100,000. S.M. 1998, c. 33, s. 35 ; S.M. 1998, c. 51, s. 8 ; S.M. 1999, c. 28, s. 11 ; S.M. 2004, c. 16, s. 41 ; S.M. 2005, c. 13, s. 14 ; S.M. 2011, c. 16, s. 43 ; S.M. 2011, c. 35, s. 33 ; S.M. 2014, c. 27, s. 65 ; S.M. 2015, c. 11, s. 53 ; S.M. 2023, c. 10, s. 30 . M.P.I.C. 336 The Manitoba Public Insurance Corporation must, in each year, pay to each municipality in which real property owned by the corporation is situated a grant in lieu of taxes on the real property equal to the taxes that would, if the property were not exempt from municipal taxation, be payable to the municipality for the year in respect of the property. Leaf Rapids Town Properties Ltd. 337 Leaf Rapids Town Properties Ltd. must, in each year, pay to each municipality in which property of the corporation, other than property that would be exempt under subsection 22(1) of The Municipal Assessment Act if it were owned by another person, is situated a grant in lieu of taxes on the property equal to the taxes that would, if the property were not exempt from municipal taxation, be payable to the municipality for the year in respect of the property. Application to City of Winnipeg 338 This Division applies to The City of Winnipeg. PART 11 TAX AND DEBT COLLECTION DIVISION 1 GENERAL Definitions 339 In this Part, "taxes"  means (a) taxes or fees imposed under Part 10 (Powers of Taxation), and (b) all other amounts, including penalties, that under this or any other Act are or may be added to taxes or may be collected in the same manner as taxes may be collected; (« taxes ») "tax arrears"  means taxes that remain unpaid after the day on which they are due. (« arriéré de taxes ») Application of payments 340(1) An amount paid on account of taxes in respect of a business or property must be applied first to the payment of tax arrears, in the order in which they arose, in respect of the business or property. Application to tax on specific property or business 340(2) An amount paid on account of taxes must be applied to the taxes payable in respect of (a) the property or business designated by the taxpayer; or (b) if no property or business is designated by the taxpayer, one or more properties or businesses of the taxpayer designated by the designated officer. Tax certificate 341(1) On request and payment of a fee prescribed by by-law, a designated officer must issue a tax certificate showing (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 . Certificate binding 341(2) Subject to subsection 301(1) (error or omission based on false information), a tax certificate issued under subsection (1) is binding on a municipality but does not prevent the municipality from imposing supplementary taxes after the date of the certificate for a period before that date. Collection remedies 342(1) A municipality may attempt to collect or to enforce the payment of taxes in accordance with any or all remedies provided for in this or any other Act, and, except as otherwise provided, the use of one remedy does not prevent the use of another remedy in respect of the same taxes. Debt to municipality 342(2) Each amount payable to a municipality under this Part or Part 10 (Powers of Taxation), whether it is a tax, a penalty, a recoverable cost of seizure or sale payable by a taxpayer or an amount payable by a third party in respect of the tax arrears of a taxpayer, is a debt owing to the municipality by the person liable to pay the amount and is recoverable in a court of competent jurisdiction. Repayment of taxes paid under protest 343(1) If taxes in respect of a property or business are paid under protest and the assessment roll is later amended to reflect a reduction in the assessed value for the year in respect of which the taxes were paid, the municipality must (a) redetermine the taxes payable based on the revised assessed value and amend the tax roll for the year accordingly; (b) refund to the taxpayer the excess taxes that were paid under protest; and (c) subject to subsections (1.1) and (1.2), pay interest on the excess taxes to the taxpayer, from the date they were paid, at an annual rate prescribed by regulation by the minister for each calendar year, or any part thereof, which rate must be prescribed at least once in the year. No interest payable on or after July 1, 2021 343(1.1) No interest is payable in respect of excess taxes paid under protest on or after July 1, 2021. Interest for amounts paid before July 1, 2021 343(1.2) For excess taxes paid under protest before July 1, 2021, the municipality must pay interest on the excess taxes to the taxpayer from the date the taxes were paid to June 30, 2021, at the annual rate prescribed by regulation by the minister. Limited entitlement to repayment 343(2) No person is entitled to the repayment of amounts paid on account of taxes except under the circumstances described in subsection (1). Appeal constitutes payment under protest 343(3) Where a taxpayer appeals an assessment under The Municipal Assessment Act and, before the final disposition of the appeal, pays the taxes based on the assessment under appeal, the taxes shall be considered to have been paid under protest. No further assessment appeal 343(4) Nothing in this section enlarges or extends the rights of any person to appeal an assessment under The Municipal Assessment Act . S.M. 2021, c. 26, s. 11 . DIVISION 2 INCENTIVES AND PENALTIES Discount for prepayment 344 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. Instalments 345 A council may by by-law (a) allow taxes to be paid in instalments; or (b) require taxes imposed in respect of mobile homes located in mobile home parks to be paid in instalments. "Tax arrears" excludes current year's penalties 346(1) For the purpose of this section, "tax arrears" at any time in a year excludes penalties imposed under this section at any time in that year. Penalties 346(2) A council may by by-law (a) set a rate, subject to any limitation prescribed by the minister by regulation, at which penalties may be imposed in respect of tax arrears; and (b) impose penalties at that rate. Penalty imposed monthly 346(3) 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. Limitations 346(4) No penalty may be imposed in respect of unpaid taxes (a) in the case of supplementary taxes, for the first 90 days; and (b) in any other case, for the first 30 days; after the tax notice regarding the taxes is sent to the taxpayer. Penalties added to taxes 346(5) 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. DIVISION 3 LIENS FOR TAXES Special lien on land and improvements 347(1) A municipality has a lien on land and improvements for the amount of the taxes in respect of the land and improvements. Special lien on personal property 347(2) A municipality has a lien on all the personal property of a taxpayer for the amount of the taxes in respect of any personal property or business of the taxpayer. Priority of lien 347(3) A lien under this section (a) does not require registration to preserve it; (b) is not defeated by a change in ownership of property; and (c) unless otherwise provided in this or any other Act, is payable in priority over the claims, liens or encumbrances of every person except the Crown and, for greater certainty, that priority extends over every registered mortgage, encumbrance, assignment, debenture or other security interest made, given, accepted, issued or arising before or after the coming into force of this Act or before or after the lien arose. Priority of lien for taxes 347(4) A lien for taxes is payable in priority over all other fees, charges, liens or claims, except (a) the costs of a seizure and sale, or of any proceedings to recover possession, of property covered by the lien; (b) claims for wages or salary, not exceeding three months, for which provision is made in The Executions Act , the Bankruptcy Act (Canada) or any applicable law relating to winding-up; (c) a thresher's lien under The Threshers' Liens Act ; and (d) a claim under a valid seed grain mortgage registered under The Personal Property Security Act or the claim of a mortgagee or vendor having effect as a seed grain mortgage under The Mortgage Act . Effect of bankruptcy or winding-up 347(5) 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 (b) in the case of a winding-up order, the date of the order. DIVISION 4 SEIZURE AND SALE OF GOODS Definition 348 In this Division, "goods" includes chattels and growing crops. Seizure for taxes 349(1) A municipality may recover (a) tax arrears; and (b) the costs of seizure and sale payable under The Distress Act ; by seizing and selling goods found on the lands or in the premises in respect of which the taxes were imposed or in the possession of the taxpayer, wherever found. Warrant for seizure 349(2) A council may authorize the chief administrative officer to (a) issue a warrant for the seizure and sale of goods under subsection (1); and (b) name in the warrant a person or persons to make the seizure and sale; and the person or persons so named may make the seizure and sale. Exemption from seizure 349(3) Despite subsection (1), a municipality may not seize or sell (a) goods exempt from seizure under The Landlord and Tenant Act ; (b) subject to subsection (4), goods that are the property of a person, other than the taxpayer, who purchased them in good faith and claims the goods before the seizure or sale; or (c) a vendor's or lessor's share of a crop grown upon lands other than the lands in respect of which the taxes in arrears were imposed. Limitation on exemption 349(4) 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 (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. S.M. 2002, c. 24, s. 42 . Entry to seize goods 350 A person authorized by a warrant to seize and sell goods may enter the land and break open and enter a building, yard or place where the goods liable to seizure may be situated, and the person may seize the goods and remove them. Service of warrant 351 A person seizing goods under the authority of a warrant must give a copy of the warrant to the taxpayer by personal service or by leaving a copy of the warrant with an adult at the taxpayer's residence in the municipality, or, if the taxpayer does not reside in the municipality or there is no adult at the taxpayer's residence in the municipality, by posting a copy of the warrant on a conspicuous part of the land, building, yard or place from which the goods were seized. Acknowledgement 352 An acknowledgement by a taxpayer that his or her goods are under seizure for the non-payment of taxes is of the same force and effect as an actual seizure of the goods. Release not to prejudice municipality 353 A municipality may release some or all of a taxpayer's seized goods on payment of part of the tax arrears without prejudice to its right to use any remedy, including seizure and sale, to recover the balance of the arrears. Limited liability for seized goods 354 A municipality is not liable for the loss or destruction of goods under seizure except to the extent that the loss or destruction resulted from the negligence of the municipality or its employees or agents. Growing crops 355(1) Where a municipality seizes growing crops, it may cut, gather, cure, thresh, carry, store or remove them, and may recover, in addition to the amounts recoverable under clause 349(1)⁠(b), the related expenses as part of the costs of the seizure. Sale of crops 355(2) Seized crops may be sold at current market prices without notice and without holding a public auction. Sale by public auction 356(1) Seized goods, other than growing crops, may be sold only by public auction. Notice of auction 356(2) At least 30 days before an auction of goods seized for taxes, the chief administrative officer must post a notice in the municipal office setting out (a) the time and place of the proposed auction; and (b) a list of the goods to be sold at the auction. Surplus proceeds of sale 356(3) If the proceeds of a sale of seized goods are greater than the total of the tax arrears and recoverable costs of the seizure and sale, the municipality must pay the surplus (a) to the person in whose possession the goods were when they were seized; or (b) if another person claims the surplus, into court to be paid out as the court orders. Order for seizure and sale before taxes due 357(1) Where the court is satisfied, on the application of a municipality, that there are reasonable and probable grounds to believe that, after a tax notice has been sent to a taxpayer and before the due date specified in the notice, the taxpayer intends to remove from the municipality goods that may be liable to seizure under this Division, the court may issue an order permitting a person or persons to collect the taxes, and the related costs of seizure and sale, by seizing and selling goods in accordance with this Division. Application without notice 357(2) An application under subsection (1) may be made without notice. Application for restitution 358(1) A person whose goods have been seized under this Division may, within 30 days after the seizure or such additional time as the court allows, apply to the court for an order under this section. Order for restitution 358(2) Where, upon hearing an application under subsection (1), the court is satisfied that the applicant does not owe tax arrears to the municipality in the amount alleged by the municipality, the court may order (a) the municipality to (i) return, if possible, some or all of the seized goods to the applicant, or (ii) make restitution to the applicant in an appropriate amount, including the applicant's costs of obtaining the order; or (b) such other relief as is just in the circumstances. No further assessment appeal 358(3) Nothing in this section enlarges or extends the rights of any person to appeal an assessment under The Municipal Assessment Act . DIVISION 5 MISCELLANEOUS REMEDIES Removal of improvements 359 If improvements are removed from particular lands within a municipality to other lands within the municipality (a) without the prior written consent of the municipality; and (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. Demand to tenant 360(1) If a landlord's taxes are in arrears, a municipality may, by written notice to the landlord's tenant, require the tenant to pay his or her rent, as it becomes due, to the municipality until the tax arrears are paid. Copy of notice to landlord 360(2) The municipality must send a copy of each notice under subsection (1) to the landlord by regular mail. Discharge of tenant's liability 360(3) The payment by a tenant to a municipality of an amount demanded under subsection (1) discharges the tenant's liability for the payment of rent to the landlord to the extent of the payment. Notification of insurance proceeds 361(1) Before paying out any insurance proceeds payable in respect of the loss or destruction of or damage to property subject to tax under this Part, the insurer must notify the municipality that insurance proceeds are payable. Content of notice 361(2) A notice under subsection (1) must specify or include (a) the location and a description of the property in respect of which the insurance proceeds are payable;

(b) the name and mailing address of the insured and of any other person otherwise entitled to receive the insurance proceeds; and (c) the amount of the insurance proceeds payable. Demand for payment 361(3) If a property is destroyed or damaged and taxes in respect of the property or lands on which the property was located are in arrears, the municipality may, by written notice sent to the insurer within seven days after receiving the notice under subsection (1), require the insurer to pay the insurance proceeds to the municipality to the extent of the tax arrears, and the insurer shall pay the insurance proceeds to the municipality accordingly. Application of subsection (3) 361(4) Subsection (3) applies despite any provision to the contrary in this or any other Act or in any agreement made or entered into before or after the coming into force of this Act or before or after the taxes became due. Waiver 361(5) Where a municipality is satisfied that property in respect of which insurance proceeds are payable will be rebuilt, repaired or replaced and that the municipality will have a lien under this Act on the repaired or replacement property for the tax arrears, the municipality may (a) waive its right under subsection (3) to receive the insurance proceeds; or (b) pay the insurance proceeds to the person or persons otherwise entitled to receive them. Demand to purchaser of oil or natural gas 362(1) If taxes imposed by a municipality on a taxpayer in respect of oil, natural gas or salt production equipment are in arrears, the municipality may, by written notice sent to a purchaser of oil or natural gas originating in a well owned or operated by the taxpayer, require the purchaser to remit to the municipality all amounts that are or become due and payable to the taxpayer in respect of the oil or natural gas, to the extent of the tax arrears. Content of notice 362(2) A notice under subsection (1) must (a) state the name and address of the taxpayer; (b) identify the well or wells that are owned or operated by the taxpayer and from which the purchased oil or natural gas originated; and (c) specify the amount of the tax arrears. Copy of notice to taxpayer 362(3) The municipality must send a copy of each notice under subsection (1), by regular mail, to the taxpayer in respect of whom the notice was sent. Purchaser to remit 362(4) A purchaser of oil or natural gas who has received a notice under subsection (1) must remit amounts to the municipality in accordance with the notice as they become due and payable. Discharge of purchaser's liability 362(5) The payment by a purchaser to a municipality of an amount required under subsection (1) to be paid in respect of a taxpayer discharges the purchaser's liability to the taxpayer to the extent of the payment. DIVISION 6 TAX SALES OF REAL PROPERTY Definitions 363(1) In this Division, "costs" , in relation to a property, means the total of (a) the expenses incurred by a municipality in connection with the collection of tax arrears in respect of the property, including a sale or proposed sale of the property for taxes, and (b) an administration fee as prescribed by the minister by regulation; (« frais ») "designated year"  means (a) the fifth year preceding the current year, or (b) such later year as is designated by the council under subsection 365(2); (« année désignée ») "property"  means land other than Crown lands as defined in section 334 and includes improvements on the land. (« bien ») Interpretation 363(2) For the purpose of this Division, (a) taxes in respect of a property are in arrears for a particular year if a portion of the tax arrears was due before the year; and (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. Non-application of Real Property Act 363(3) Subsections 45(1) to (4) of The Real Property Act do not apply to tax sale applications made under this Division. Tax arrears list 364 Each municipality must maintain and keep posted in the municipal office a list, in a form approved by the minister, that (a) identifies each property in the municipality the taxes in respect of which are in arrears for more than one year; and (b) for each such property, shows the tax arrears for each year. S.M. 1998, c. 33, s. 36 . Mandatory auction 365(1) 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) meets the criteria for sale by auction established by regulation. Council may designate year 365(2) The council may in any year designate the immediately preceding year or any earlier year as the year for which properties the taxes in respect of which are in arrears for the year must be offered for sale by auction to recover the tax arrears and costs. Sale by public auction 365(3) A municipality may not sell a property for taxes except by public auction under this Division. Limitation 365(4) Subject to subsection 370(3), a municipality may sell a property for taxes at an auction only if each other property in the municipality the taxes in respect of which are in arrears for the designated year is offered for sale at the auction. S.M. 1999, c. 28, s. 12 . Notice of tax sale 366(1) At least 120 days before conducting an auction, the municipality must present to the Land Titles Office for registration a notice of tax sale, in a form approved by the Registrar-General, for each property to be offered for sale at the auction. Registration of notice 366(2) Upon receipt of a notice of tax sale for a property, the district registrar must accept it for registration and enter it on the title to the property or, if the property is under the old system as defined under The Real Property Act , in the abstract book for the property. Directions for service of notice 366(3) If a person has, at the time of registration of a notice of tax sale in respect of a property, a registered interest in the property that would be affected by the sale, the district registrar must provide to the municipality the person's name and (a) the person's most recent address for service shown on the records of the Land Titles Office; or (b) if no address for service is shown on the records of the Land Titles Office, directions for substitutional service. Different directions for different properties 366(4) For the purpose of clause (3)⁠(b), the district registrar may provide different directions for substitutional service for different properties and may (a) allow the municipality to dispense with service of the notice if the property has an assessed value, for the year in which the notice is presented for registration, of less than $1,000.; or (b) direct the municipality to make efforts to ascertain an address for service, and following those efforts, provide further directions for service. First notice of auction 367(1) At least 90 days before the auction of a property, the municipality must give notice of the auction to (a) the registered owner of the property at the address shown on the most recent tax notice issued in respect of the property, by personal service on the registered owner or an adult person residing at that address; (b) the persons for whom the district registrar has provided addresses under clause 366(3)⁠(a), by any delivery service whereby the sender is provided with an acknowledgement of receipt; and (c) the persons for whom the district registrar has provided directions for substitutional service under clause 366(3)⁠(b), in accordance with those directions. Second notice of auction 367(2) Between 30 and 50 days before the auction of a property, the municipality must give a second notice of the auction to (a) the registered owner of the property at the address shown on the most recent tax notice issued in respect of the property, by any delivery service whereby the sender is provided with an acknowledgement of receipt; (b) the persons for whom the district registrar has provided addresses under clause 366(3)⁠(a), by any delivery service whereby the sender is provided with an acknowledgement of receipt; and (c) the persons for whom the district registrar has provided directions for substitutional service under clause 366(3)⁠(b), in accordance with those directions. Application for substitutional service of notice 367(3) If the municipality is unable to obtain an acknowledgement of receipt under subsection (1) or (2), it may apply to the district registrar for directions for substitutional service of a first or second notice of auction, or both. District registrar may grant substitutional service 367(4) When a municipality applies under subsection (3), the district registrar may grant directions for substitutional service of a first or second notice of auction, or both, on any person eligible to receive notice under this section. Compliance with directions for service 367(5) Compliance with the district registrar's directions for substitutional service of a first or second notice of auction on a person is deemed to be compliance with notice requirements for a first or second notice of auction on that person. Content of notice of auction 367(6) A first or second notice of auction must be in a form approved by the minister and state that unless the tax arrears for the designated year and costs are paid to the municipality before the auction begins, or an agreement to pay the arrears and costs is made under clause 369(1)⁠(b) before the auction begins, (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 (c) if the property is sold, the sale is final and any interest the person had in the property before the sale is extinguished. Public notice of auction 367(7) 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 (b) publishing a notice of auction on two occasions, the first at least 21 days and the second at least 14 days before the auction, in a newspaper or other publication having general circulation in the municipality. Content of public notice of auction 367(8) The public notice of auction must state (a) the date, time and location of the auction; (b) a description of each property to be offered for sale; (c) the assessed value of each property; and (d) the amount of arrears and costs owed to the municipality for which each property may be offered for sale. S.M. 1999, c. 28, s. 13 . Municipality entitled to possession 368(1) From the date on which a notice is posted under clause 367(7)⁠(a) in respect of a property, the municipality is entitled to possession of the property. Order for possession 368(2) To obtain possession of a property, a designated officer of the municipality may enter and take possession of it for and in the name of the municipality and, if resistance is encountered, the municipality may apply to the court for an order for possession. S.M. 2001, c. 30, s. 10 . Cancellation or adjournment of auction 369(1) A municipality may cancel or adjourn an auction of a particular property at any time before it begins if (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 (c) the municipality cancels or adjourns the auction of all properties offered for sale. Outstanding balance remains owing 369(1.1) Any outstanding balance of tax arrears and costs on a property that remains owing after an auction is cancelled under subsection (1) must be added to that property's taxes in the next year. Notice of cancellation or adjournment 369(2) If an auction is adjourned or cancelled, the municipality must (a) post a notice of the adjournment or cancellation at the time and place for which the auction was originally scheduled; and (b) where the auction is rescheduled, (i) post a notice of the rescheduled auction in the municipal office at least 14 days before the new date, and (ii) if known at the time of posting the notice under clause (a), include in that notice a notice of the rescheduled auction. Continuing in possession 369(3) If an auction of a property is adjourned or cancelled and the taxes in respect of the property remain in arrears, the municipality continues to be entitled to possession of the property and, if the property is unoccupied, the municipality may grant a lease, licence or permit in respect of the property for a term of not more than one year and may renew the lease, licence or permit for periods totalling not more than one year. Application of money 369(4) Money paid to a municipality under a lease, licence or permit under subsection (3) in respect of a property must be applied against the tax arrears and costs in respect of the property. S.M. 1999, c. 28, s. 14 . Declaratory relief 370(1) A person who (a) has an interest in property that is to be sold for taxes; and (b) claims that taxes in respect of the property are not in arrears for the designated year; may apply to the court for an order declaring that taxes in respect of the property are not in arrears for the designated year. Time limit 370(2) 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. Adjournment of tax sale pending outcome of application 370(3) Despite subsections 365(1) and (4) and 369(1), the auction of a property in respect of which an application is made under subsection (1) must be adjourned pending the outcome of the application. Time for payment of arrears and costs 371(1) Any person may pay the tax arrears for the designated year and costs in respect of a property before the commencement of the auction at which the property is offered for sale. Tax arrears paid 371(2) 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 (b) the chief administrative officer must present to the district registrar for registration a discharge of the notice of tax sale in respect of the property. Conditions of sale, reserve bid 372 A municipality may set any terms or conditions for the sale of a property to be sold for taxes, and may set a reserve bid in the amount of the tax arrears and costs in respect of the property. Prohibited bidders, purchasers and agents 373 Unless acting as an agent of a municipality in a purchase by a municipality under section 374, the following persons must not bid for, buy, or act as an agent in buying a property offered for sale at an auction: (a) the auctioneer; (b) a member of council; (c) the chief administrative officer, or at the discretion of the municipality, a designated officer of the municipality; (d) a spouse, common-law partner or dependant family member residing with any of the persons described in clauses (a) to (c); (e) a person in which any of the individuals mentioned in clauses (a) to (c) has a pecuniary interest. S.M. 1999, c. 28, s. 15 ; S.M. 2002, c. 24, s. 42 . Municipality may bid 374 A municipality may bid on and purchase property at a public auction and may direct a designated officer of the municipality to bid on or purchase property on its behalf. Sale of property 375(1) A property is sold at a public auction when the auctioneer declares it sold. Sale for reserved bid 375(2) If a municipality has set a reserve bid in respect of a property and no person bids more than the amount of the reserve bid, the auctioneer must declare the property sold to the municipality for the amount of the reserve bid. Sale for less than tax arrears and costs 375(3) 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. No sale 375(4) If a property offered for sale at a public auction is not sold, the ownership of the property remains unchanged, the tax arrears in respect of the property remain due and owing and the property must remain on the tax arrears list maintained under section 364. Tax sale application 376(1) After a purchaser has satisfied the terms and conditions of a sale of property under this Division, the municipality must provide to the purchaser for filing in the Land Titles Office (a) a tax sale application; and (b) evidence satisfactory to the district registrar regarding service of the notice of tax sale under section 367. Application in name of municipality 376(2) If the municipality is the purchaser of property it may issue a tax sale application in its own name. Challenge to tax sale 377(1) No tax sale may be challenged or set aside except on the grounds that the sale was not conducted in a fair and open manner or that notice of the sale was not served in accordance with section 367. Time for challenge to tax sale 377(2) A person wishing to challenge the tax sale of a property must, within 30 days after the date of the auction at which it was sold, (a) bring an action in the court to set aside the sale; and (b) obtain and file a pending litigation order in the Land Titles Office. Registration of tax sale purchaser as owner 377(3) The district registrar must register the purchaser of property at a tax sale as owner of the property if (a) the purchaser presents a tax sale application, accompanied by evidence satisfactory to the district registrar that notice of the sale was served as required by section 367, for registration at the Land Titles Office; and (b) no pending litigation order is filed under subsection (2) in respect of the sale within 30 days after the date of the auction. Title of purchaser 377(4) Except as otherwise provided in The Real Property Act , the registration of title to a property sold for taxes in the name of the tax sale purchaser extinguishes every interest in the property that arose or existed before the property was sold for taxes. Application to bring property under new system 377(5) A tax sale application in respect of property that is under the system of registration provided by The Registry Act is deemed to be an application to bring the property under the system of registration provided for in The Real Property Act . Invalid tax sale does not invalidate purchaser's title 377(6) If a tax sale of a property is found by a court to be invalid after title to the property is registered in the name of the tax sale purchaser, no person who held an interest in the property before the sale is entitled to a return of that interest. Failure to give proper notice 378(1) If the district registrar refuses to register a tax sale purchaser as owner on the grounds that the municipality has failed to properly give notice of the tax sale to a person entitled to notice under section 367, (a) the municipality must notify the person that, if the tax arrears and costs are not paid to the municipality within 90 days after the date of the notice, (i) the tax sale may be completed, or (ii) the property may be sold at another auction; and (b) if the tax arrears and costs have not been paid within the 90-day period, the tax sale purchaser may, at his or her option, complete or refuse to complete the tax sale. Incompleted tax sale 378(2) If a tax sale purchaser refuses under clause (1)⁠(b) to complete a tax sale, (a) all rights of the purchaser arising out of the tax sale are extinguished, except his or her right to a refund of any amount paid to the municipality on account of the purchase price; and (b) the municipality may offer the property for sale at another public auction and the provisions of this Division, other than section 365 and subsections 366(1) and (2), apply with necessary modifications to that auction. No action against district registrar 379 No action lies or is maintainable against a district registrar, a Land Titles Office, the government or a service provider under The Real Property Act for damages that accrue by reason of any action by the district registrar or the Land Titles Office under this Division. S.M. 2013, c. 11, s. 75 . Surplus proceeds 380(1) If the proceeds of a tax sale exceed the tax arrears and costs by more than $200., (a) the municipality must notify each person entitled to notice of the tax sale, in the manner that notice must be given under subsection 367(2), of the excess and that the person may make an application under clause (b) in respect of the excess; and (b) each person entitled to notice of the tax sale may apply to the court within three years after the auction for an order for the payment to the applicant of all or part of the excess. Priority of claim to excess 380(2) In making an order under clause (1)⁠(b) in respect of the excess proceeds from the tax sale of a property, the court must have regard to the priority of the applicant's interest in the property in relation to all interests in the property immediately before the sale. Proceeds of sale to municipality 380(3) For the purpose of this section, the proceeds of a tax sale of a property to a municipality are the amount bid by the municipality, or by another person on its behalf, for the property. Application of surplus proceeds 380(4) A municipality may apply the excess proceeds of a tax sale to its general revenue to the extent that they are not required by a court order under clause (1)⁠(b) to be paid out. Registrar General 381 The Registrar-General may (a) approve the form and content of any notice, application, form or evidence of service that may be filed at the Land Titles Office under this Division; and (b) set and charge reasonable fees to municipalities and tax sale purchasers for the filing of notices and applications under this Division in a Land Titles Office. PART 12 LIABILITY OF MUNICIPALITIES AND OTHER LEGAL MATTERS DIVISION 1 CHALLENGING BY-LAWS AND RESOLUTIONS Application for declaration of invalidity 382(1) A person may make an application to the court for a declaration that a by-law or resolution is invalid on the ground that (a) the council acted in excess of its jurisdiction; (b) the council acted in bad faith; (c) the by-law is discriminatory; or (d) the council failed to comply with a requirement of this or any other Act or the municipality's procedures by-law. When by-law is discriminatory 382(2) A by-law is discriminatory if it operates unfairly and unequally between different classes of persons without reasonable justification. Order 382(3) Upon hearing an application under subsection (1), a judge may make the requested declaration and any other order he or she considers appropriate. Time limit for action under clause 382(1)⁠(d) 383(1) Subject to subsection (2), an application under clause 382(1)⁠(d) must be filed within one year after the by-law or the resolution is passed. Validity relating to public participation 383(2) The limitation period in subsection (1) does not apply if the ground for the application is that (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 (c) a public hearing was required in respect of the by-law but was not held. S.M. 2005, c. 27, s. 158 . No challenge on certain grounds 384 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) the by-law is unreasonable or not in the public interest; (b) a person sitting or voting as a councillor (i) was not qualified when elected, or (ii) after being elected, ceased to be qualified or became disqualified; (c) a person sitting or voting as a member of a council committee (i) was not qualified when appointed or elected, or (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 (h) there was a defect in the appointment of a councillor or other person to a council committee. DIVISION 2 LIABILITY OF MUNICIPALITIES Definitions 385 In this Division, "building standard"  means (a) a building construction standard adopted, established, prescribed or varied under The Buildings Act , and (b) a standard adopted, established, prescribed or varied under a regulation under The Fires Prevention and Emergency Response Act ; (« norme de construction ») "inspection"  means an examination, review, survey or other action permitted or required to enforce a building standard; (« inspection ») "public facility" means a place that is subject to the direction, control and management of a municipality, and includes playgrounds, arenas, swimming pools, recreation centres, offices and libraries operated by a municipality; (« installations collectives ») "public work" means any work that is constructed or maintained by a municipality for a municipal purpose, but does not include a public facility. (« ouvrage public ») S.M. 1998, c. 33, s. 37 ; S.M. 2002, c. 26, s. 22 ; S.M. 2021, c. 37, Sch. B, s. 25 . MUNICIPAL ROADS No liability unless municipal road 386(1) A municipality is not liable for loss or damage sustained in respect of a road in the municipality unless the road is a municipal road. Liability for municipal roads 386(2) A municipality is not liable for loss or damage in respect of a municipal road (a) for failing to construct or maintain the road beyond the standard required under section 294 and subsection 295(2); (b) caused by installing, failing to install, or the choice of a wall, fence, guardrail, railing, curb, pavement marking, traffic control device, illumination device or barrier adjacent to or in, along or on the road, except where the loss is caused by the municipality's failing to replace or repair a guardrail, railing, traffic control device, illumination device or barrier adjacent to, or in, along or on, the road and the municipality (i) knew or ought to have known of the state of disrepair, and (ii) failed to take reasonable steps to correct the state of disrepair within a reasonable period of time; (c) caused by (i) any construction, obstruction or erection, or (ii) the situation, arrangement or disposition of any earth, rock, tree or other material or thing, adjacent to or in, along or on the portion of the road that is not designed for vehicle use; or (d) caused by rain, hail, snow, ice, sleet or slush on the road or on a sidewalk adjacent to or along the road, unless the municipality is grossly negligent. Liability for location of municipal road 386(3) Where a municipality in good faith constructs a municipal road, but the road is located other than according to the plan for the road, the municipality is liable to the owner of the land on which the road was constructed only to the same extent as if that land had been expropriated. BUILDING INSPECTIONS Requests for inspections 387(1) A municipality is not liable for a loss related to (a) the manner or extent of an inspection; or (b) the frequency, infrequency or absence of inspection; unless the inspection was requested at the appropriate stage of construction and with reasonable advance notice before the inspection was required, and the municipality failed to conduct the inspection or conducted it in a negligent manner. Negligent inspections 387(2) An inspection is conducted in a negligent manner only if it fails to disclose a defect or deficiency that (a) could be reasonably expected to be detected; and (b) falls within the scope of the inspection being conducted. Certification by professionals 387(3) For the purpose of an inspection, a municipality may rely on a certification or representation by an engineer, architect, surveyor or other person with expertise respecting the thing being certified or represented, and a municipality that relies on such a certification or representation is not liable for any loss or damage caused by the negligence of the engineer, architect, surveyor or other person in making the certification or representation. Matters outside scope of inspection 387(4) An inspection by a municipality to enforce a building standard does not create or impose a duty on the municipality with respect to any matter not being inspected. Failure to comply with conditions 387(5) If conditions are imposed by the municipality in respect of or in the course of an inspection, the municipality is not liable to any person for loss or damage as a result of the conditions not being complied with, unless the municipality (a) knew of the failure to comply with the conditions; (b) had the power to order that the conditions be complied with; and (c) failed to order compliance. Failure to prevent or limit loss 387(6) A municipality is not liable for loss or damage resulting from an inspection or a failure to inspect if the person claiming the loss knew or ought to have known of the thing or matter that caused the loss and failed to take reasonable steps to limit or prevent the loss. Inspection not a guarantee 387(7) An inspection or a system of inspections by a municipality is not a representation, guarantee, warranty or insurance of the quality or standard of construction of, or of any other thing respecting, the property, building, utility, structure or other thing inspected. OTHER MATTERS 388(1) [Repealed] S.M. 1998, c. 33, s. 38 . Limited liability for public facility 388(2) A municipality is not liable for failing to maintain a public facility in a reasonable state of repair unless the municipality knew or ought to have known of the state of disrepair and failed to take steps to rectify the state of disrepair within a reasonable period of time. S.M. 1998, c. 33, s. 38 . Limited liability for utilities or services 389 Where a municipality operates a utility or provides a service, it is not liable for loss or damage as a result of (a) the breaking of a pipe, service line, conduit, pole, wire, cable or other part of the utility or service; or (b) the discontinuance or interruption of a service or connection; by reason of (c) accident; (d) disconnection for non-payment or non-compliance with a term or condition of service; or (e) necessity to repair or replace a part of the utility or service. Limited liability for water overflow 390 Where an overflow of water from a sewer, drain, ditch or watercourse is a consequence of excessive snow, ice or rain, a municipality is not liable for a loss as a result of the overflow. Limitation on standard of care for protective fire services 391 For the purpose of determining the standard of care of a municipality in an action or proceeding relating to the provision by the municipality of a protective fire service, the court shall consider all relevant factors that might reasonably have affected the ability of the municipality to provide the fire protection services, including, but not limited to, (a) the population density of the municipality; (b) geographic limitations to the provision of the service; (c) whether the service provided is volunteer or partly volunteer; (d) the amount of the total municipal assessment against which taxes may be imposed; and (e) any other criteria specified by the minister by regulation. Exercise of discretion 392 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. Liability for remedying contravention of by-law 393 A municipality is not liable for loss or damage caused by it in remedying, or attempting to remedy, a contravention of a by-law, unless the municipality is grossly negligent. No liability for negligent supervision by others 394 Where a municipality entrusts the construction of a public work or a public facility to the supervision of an engineer, architect, surveyor or other person with relevant expertise to supervise the construction, the municipality is not liable for loss or damage arising from any negligence on the part of the supervisor. No liability for certain nuisances 395 A municipality is not liable for a nuisance as a result of (a) the construction, operation or maintenance of a system or facility for collection, conveyance, treatment or disposal of sewage or storm water, or both sewage and storm water, unless the municipality is negligent; or (b) the construction or operation of a public work, regardless of whether the authority to construct or operate the work is mandatory or permissive, unless the nuisance could have been prevented by another practicable method of constructing or operating the public work. Notice requirement 396(1) To claim against a municipality for loss or damage as a result of the municipality's failure to maintain a municipal road or a public facility, the claimant must, in writing, notify the chief administrative officer of the municipality of the event on which the claim is based within three days after the event. Limitation of actions 396(2) Failure to notify the municipality within the time required by subsection (1) bars the action unless (a) the claimant has a reasonable excuse for the lack of notice and the municipality is not prejudiced by the lack of notice; (b) the claim relates to the death of a person as the result of the event complained of; or (c) the municipality waives the notice requirement. DIVISION 3 JUDGMENTS AGAINST MUNICIPALITIES Service of judgment 397(1) A judgment creditor may serve a judgment issued against a municipality by serving it on the chief administrative officer of the municipality, who must bring the judgment to the attention of the council at the next council meeting. Payment by municipality 397(2) 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. Borrowing to pay judgment 397(3) If there is not sufficient money in a surplus or reserve fund to satisfy a judgment, the municipality must (a) borrow sufficient money to pay the balance of the money owing; and (b) subject to subsection (4), in its annual tax by-laws for the next year and later years, levy an additional tax sufficient to repay the amount borrowed. Amount of tax 397(4) A tax levied under clause (3)⁠(b) must not exceed, in any one year, the greater of (a) a rate of two mills on the portioned assessment of all taxable property in the municipality; and (b) the minimum amount necessary to pay the interest and principal of the borrowing over the longest term for which the loan could be obtained. Failure to pay judgment 398 Where a municipality fails, in whole or in part, to satisfy a judgment owed by it, the minister may do one or both of the following: (a) request the Minister of Finance to pay the amount owing on the judgment to the judgment creditor and deduct the amount of the payment from any amount of money payable to the municipality by the government, including money payable under an agreement or an Act of the Legislature; (b) request the Lieutenant Governor in Council to appoint a supervisor, administrator, or receiver under Division 6 (Municipalities in Financial Difficulties) of Part 6. Effect of deduction 399 An amount of money paid to a judgment creditor and deducted by the Minister of Finance from money payable to the municipality by the government is deemed to have been paid to the municipality. Liens against municipal property 400(1) A judgment creditor of a municipality does not have and never had a lien or charge on land or personal property of the municipality unless the lien was created as a specific charge on the land or property. Registration of judgment 400(2) The registration of a certificate of judgment against a municipality in a land titles office, or any other place, for the purpose of collecting the judgment is void unless the judgment was made under a security agreement specifically charging the land or property. Prohibition of execution against municipality 401 No execution, attachment or process of a similar nature shall be issued out of any court to enforce payment of money by a municipality under a judgment. DIVISION 4 INDEMNIFICATION OF MEMBERS OF COUNCIL, MUNICIPAL EMPLOYEES, AND VOLUNTEERS Definitions 402 In this Division, "costs"  means any costs, charges, fees and expenses, reasonably incurred in respect of a civil, criminal, or administrative action or proceeding, including an amount paid to settle an action or satisfy a judgment; (« frais ») "municipal officer"  means (a) the chief administrative officer, (b) a designated officer, and (c) any other employee of the municipality; (« fonctionnaire municipal ») "volunteer worker"  means a voluntary member of a fire or ambulance service or local emergency response control group established by a municipality, or any other volunteer performing duties authorized by a municipality. (« travailleur bénévole ») Protection from liability 403(1) A member of a council or council committee, or a municipal officer or volunteer worker is not liable for any loss or damage suffered by a person by reason of anything said or done or omitted to be done by the member, officer or volunteer worker in good faith in the performance or intended performance of powers, duties or functions under this or any other Act. No protection re defamation 403(2) Subsection (1) is not a defence to an action in defamation. No protection re municipality 403(3) Subsection (1) does not relieve a municipality of liability to which it would otherwise be subject in respect of the actions of the persons referred to in subsection (1). Indemnification on successful defence 404(1) Subject to subsection (3), a municipality must indemnify a current or former member of a council or council committee, or a municipal officer or volunteer worker, or the heirs and legal representatives of such a person, for reasonable costs incurred in a civil, criminal or administrative action or proceeding commenced as a result of anything said or done or omitted to be done in the performance or intended performance of their functions, duties or powers if the person was substantially successful on the merits of the defence of the action or proceedings. Discretion to indemnify 404(2) Subject to subsection (3), the municipality may indemnify a current or former member of a council or council committee, or a municipal officer or volunteer worker, or the heirs and legal representatives of such a person, in whole or in part, for reasonable costs incurred in a civil, criminal or administrative action or proceeding commenced as a result of anything said or done or omitted to be done in the performance or intended performance of their functions, duties or powers if (a) the person acted in good faith; and (b) in the case of a criminal or administrative action or proceeding that is enforced by a monetary penalty, the person had reasonable grounds for believing the conduct in question was lawful. Costs incurred under Conflict of Interest Act 404(3) A municipality may indemnify a current or former member of a council or council committee, a municipal officer or volunteer worker, or the heirs and legal representatives of such a person, in whole or in part, for costs incurred in defending an application by or on behalf of the municipality under The Municipal Council Conflict of Interest Act only if the person, on making an application to the court, satisfies the court that he or she acted in good faith. PART 13 MUNICIPAL EMPLOYEES PENSIONS DIVISION 1 PENSIONS AND GRATUITIES Retiring grant or annuity 405(1) Where an employee of a municipality, while in its service, (a) becomes incapable, through illness or infirmity of discharging his or her duties efficiently; or (b) reaches retirement age and then ceases to be an employee; and will not, in the judgment of the council, be reasonably provided for under section 406, the council may by by-law grant to the employee, on ceasing to be employed by the municipality, (c) as a gratuity, an amount not exceeding the aggregate of the employee's salary or other remuneration during the last preceding three years of his or her service; or (d) an annual retiring allowance of such amount as the majority of the members of the council consider reasonable in the circumstances, (i) during the remaining years of the employee's life, or (ii) during the remaining years between the employee's retirement and the date upon which he or she becomes entitled to a retirement pension under the Canada Pension Plan or a pension under the Old Age Security Act (Canada); but in either case not exceeding 3/5 of the employee's annual salary or other remuneration calculated on the average over the last preceding three years of his or her service, and the retiring allowance may be payable semi-monthly or otherwise, as the council considers proper. Repeal or amendment of by-law 405(2) A by-law under subsection (1) may not be amended or repealed without the consent of the minister. Definition 406(1) In this section, "employee" means a person who (a) is employed by a municipality; and (b) meets the compulsory eligibility criteria for participation in a pension plan as set out in The Pension Benefits Act . Pension plan required 406(2) Every municipality must, by by-law, establish or participate in a pension plan (as defined in The Pension Benefits Act ) for its employees. Additional benefits 406(2.1) In addition to pension benefits, a municipality may provide other benefits for employees, their dependents or their survivors through the same or separate plans. Plans before January 1, 1971 406(3) Where before January 1, 1971 a municipality had complied with section 176 of The Municipal Act , as it then was, in respect of employees of the municipality, the municipality may with the written consent of the employees continue to comply with that section and not comply with this section. Plan under Division 2 406(4) Where a plan or scheme to provide pension or superannuation allowances for employees of municipalities is established under Division 2, participation in the plan or scheme by a municipality is in compliance with subsection (2). Termination of pension plan 406(5) 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 (b) the board, as defined in section 407, if the board is in existence at the time of the proposed termination. S.M. 1997, c. 44, s. 3 ; S.M. 1998, c. 33, s. 39 ; S.M. 2017, c. 3, s. 23 . DIVISION 2 MUNICIPAL EMPLOYEES BENEFITS PROGRAM Definitions 407 In this Division, "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). (« accord de fiducie ») S.M. 1997, c. 44, s. 4 . Board continued 408(1) The Municipal Employees Benefits Board is continued as a corporation consisting of the following persons appointed by the Lieutenant Governor in Council: (a) one person who is not a representative of either municipalities or employees, who must be the chairperson; (b) two representatives of municipalities; (c) two representatives of employees. Powers of board 408(2) The board shall have all the powers and duties it possessed immediately prior to the enactment of this Act and shall administer the plan in accordance with this Act. Term of members of the board 408(3) Each member of the board holds office for a term fixed by the Lieutenant Governor in Council and thereafter until his or her successor is appointed. Application of Corporations Act 408(4) The Corporations Act does not apply to the board, but the board has the capacity and, subject to this Act, the rights, powers and privileges of a natural person. S.M. 1997, c. 44, s. 4 . Fund and plan continued 409 The fund and the plan are continued and nothing in this Act shall be deemed to wind up or terminate the plan or fund in whole or in part. S.M. 1997, c. 44, s. 4 . Board may amend plan 410(1) With the approval of the Lieutenant Governor in Council, the board may vary or amend the plan. Trust agreement 410(2) 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. Plan and fund administration after execution of trust agreement 410(3) Upon execution of the trust agreement referred to in subsection (2), (a) the assets of the fund shall vest in the board of trustees; (b) the board of trustees shall administer the plan and fund in accordance with the trust agreement and The Pension Benefits Act ; and (c) the board shall cease to exist, and the Lieutenant Governor in Council shall have no power to administer, amend, vary or terminate the plan or fund. Additional benefits 410(4) In addition to pension benefits, the board of trustees may provide other benefits for employees, their dependants or their survivors through the same or separate plans or trust funds. S.M. 1997, c. 44, s. 4 . Municipalities bound 411 All municipalities and their employees participating in the plan shall be bound by the plan and the trust agreement. S.M. 1997, c. 44, s. 4 . Deposits to fund 412 All contributions of municipalities and employees under the plan must be paid to and deposited in the fund in accordance with the plan and the trust agreement. S.M. 1997, c. 44, s. 4 . Plan membership 413 The board of trustees may extend plan membership to its employees. S.M. 1997, c. 44, s. 4 . 414 to 416 [Repealed] S.M. 1997, c. 44, s. 4 . PART 14 MISCELLANEOUS REGULATIONS LG in C regulations 417(1) The Lieutenant Governor in Council may make regulations (a) respecting any matter that the minister considers is not provided for or is not sufficiently provided for in this Act; (b) restricting the power or duty of a council to pass by-laws.

Retroactive regulation 417(2) A regulation made under subsection (1) may be made retroactive to a date not earlier than the day this Act comes into force. Time limitation on regulation 417(3) A regulation made under subsection (1) is repealed on the earliest of (a) the coming into force of an amendment that adds the matter to this Act; (b) the coming into force of a regulation that repeals the regulation made under subsection (1); and (c) two years after the regulation made under subsection (1) is made. Regulations by minister 418(1) The minister may make regulations (a) for the purpose of subsection 164(5), respecting the maximum amount of money a municipality may transfer in a fiscal year from an accumulated surplus or a reserve fund established for a general purpose to an operating budget or capital budget; (b) for the purpose of clause 180(1)⁠(d), respecting the maximum amount of money a municipality may lend; (c) for the purpose of clause 181(2)⁠(g), authorizing investments; (d) for the purpose of clause 232(2)⁠(e), respecting terms, conditions and fees that may be imposed in respect of licences, permits and approvals and agreements related to licences, permits and approvals; (e) for the purpose of subclause 236(1)⁠(b)⁠(ii), respecting fines and penalties; (f) for the purpose of section 262 (municipal records), respecting the retention and disposition of municipal records; (g) for the purpose of subsection 263(1) (municipal records to be provided on request), respecting municipal records to be kept at municipal offices; (h) for the purpose of section 308, prescribing limitations on fees set on businesses in lieu of taxes; (i) for the purpose of clause 343(1)⁠(c), prescribing the annual rate of interest to be paid on excess taxes; (j) for the purpose of section 344, prescribing limitations on discounts allowed for the prepayment of taxes; (k) for the purpose of subsection 346(2), prescribing limitations on penalties set in respect of tax arrears; (l) for the purpose of the definition "costs" in subsection 363(1), respecting administration fees payable to municipalities in respect of tax sales; (l.1) for the purpose of clause 365(1)⁠(b), establishing the criteria which make a property subject to sale by auction; (m) for the purpose of clause 391(e), respecting criteria to be considered in determining a standard of care for protective fire services; (n) respecting the form or content of anything required to be done by a municipality under this Act; (o) defining words or phrases used in this Act or in a regulation for which no definition is given in this Act; (p) enlarging or restricting the meaning of a word or expression used in this Act; (q) respecting any other matter the minister considers necessary or advisable to carry out the intent and purpose of this Act. Consultation with Municipal Advisory Committee 418(2) 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. S.M. 1999, c. 28, s. 16 . Proof of compliance 419 In the absence of evidence to the contrary, an official copy under The Statutes and Regulations Act of a regulation made under section 418 is proof of compliance with any condition that applies to the making of the regulation. S.M. 2013, c. 39, Sch. A, s. 75 . NOTICE Notice of a public hearing 420(1) When this Act requires public notice to be given of a public hearing, the municipality must (a) post the notice at the municipal office in a conspicuous manner for at least 14 days during the period starting 40 days before the hearing and ending 7 days before it; and (b) subject to subsection (1.1), do one of the following: (i) publish the notice at least twice in a newspaper or other publication having general circulation in the municipality during the period set out in clause (a), with the publications being at least six days apart, (ii) post the notice prominently on the website of a newspaper or other publication having general circulation in the municipality for at least 14 days during the period set out in clause (a). Notice if no local newspaper 420(1.1) If there is no newspaper or other publication having general circulation in the municipality, the municipality must (a) give public notice of a public hearing by posting the notice in a conspicuous manner at the municipal office and at least two other public places in the municipality; and (b) post such notice for at least 14 days during the period starting 40 days before the hearing and ending 7 days before it. Content of the notice 420(2) A notice of a public hearing under subsection (1) or (1.1) must set out (a) the date, time and place of the public hearing; (b) a general description of the matter to be considered; (c) that the purpose of the hearing is to allow any interested person to make a representation, ask questions or register an objection; and (d) that any information and documents concerning the matter and the procedures to be followed at the hearing are available for review at the municipal office or other place in the municipality. Other public notices 420(3) When this Act requires public notice of a matter other than a public hearing, the municipality must (a) post the notice at the municipal office in a conspicuous manner for at least 14 days before any proposed action in respect of the matter is to be taken; and (b) subject to subsection (3.1), do one of the following: (i) publish the notice at least once in a newspaper or other publication having general circulation in the municipality, at least seven days before any proposed action in respect of the matter is to be taken, (ii) post the notice prominently on the website of a newspaper or other publication having general circulation for at least seven days before any proposed action in respect of the matter is to be taken. Notice if no local newspaper 420(3.1) If there is no newspaper or other publication having general circulation in the municipality, the municipality must (a) give public notice of the matter by posting the notice in a conspicuous manner at the municipal office and at least two other public places in the municipality; and (b) post such notice for at least 14 days before any proposed action in respect of the matter is to be taken. Content of other public notices 420(4) A notice under subsection (3) or (3.1) must set out (a) a general description of the matter; (b) the nature of any proposed action and when and where the action could be taken; and (c) that any information and documents about the matter and the procedures to be followed concerning any proposed action are available for review at the municipal office or other place in the municipality. Certification of public notice 420(5) A certificate of a designated officer certifying that public notice has been given in accordance with this section is prima facie proof of the matters set out in the certificate and is admissible in evidence without proof of the appointment or signature of the person who signed it. S.M. 2021, c. 46, s. 7 . Service of notices and other documents 421(1) Except when this Act provides otherwise, where a notice or other document is required to be given, sent to, or served on a person, service may be effected (a) by delivering a copy of it personally; or (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. Notice of public hearing 421(2) When a municipality is required to give notice to a person about a public hearing, the notice must set out the same content, and be given at the same time, as public notice is given under subsections 420(1) and (3). Posting of notice 421(3) If for any reason notice cannot be given in accordance with subsection (1), notice may instead be given by posting it in the municipal office for at least 15 days. Service of documents on a municipality 422 Any person may serve a notice or other document on a municipality (a) by serving it personally on the chief administrative officer or the head of council; or (b) by sending it by certified or registered mail to the chief administrative officer at the municipal office. CERTIFIED COPIES OF MUNICIPAL RECORDS Admissibility of certified copy in evidence 423(1) A copy of a municipal record certified by a designated officer to be a true copy of the original record is, in the absence of evidence to the contrary, proof of the record. Admissibility of record in converted form 423(2) A copy of a municipal record that has been converted from one form to another and stored in accordance with the regulations is, in the absence of evidence to the contrary, proof of the record if a designated officer certifies that (a) the record was converted and stored in accordance with the regulations; and (b) the copy is a true copy of the record as converted. Certificate 423(3) The certificate of a designated officer is admissible in evidence without proof of the appointment or signature of the person who signed the certificate. Judicial notice 423(4) When a municipal by-law or resolution certified in accordance with this section is filed with the clerk of any court, the court must take judicial notice of it when an action is brought in the court. Deemed change of certain terms 424 In any provision of an Act, regulation or by-law applicable to a municipality, a reference to a term listed in Column 1 of the following Table is deemed to be a reference to the corresponding term listed opposite in Column 2: Table Column 1 Column 2 clerk, municipal clerk, secretary, treasurer, secretary treasurer, or administrative officer chief administrative officer mayor or reeve head of council inspector, licence inspector designated officer chief constable chief of police PART 15 TRANSITIONAL PROVISIONS Definitions 425 In this Part, "former Municipal Act"  means The Municipal Act , R.S.M. 1988, c. M225, as amended to the day before this Act comes into force; and ( « ancienne loi sur les municipalités » ) "special Act"  means the Acts referred to in section 426. ( « loi spéciale » ) Continuation of certain Acts 426 The following Acts are continued to the extent that they are not inconsistent with this Act: (a) The Brandon Charter , S.M. 1989-90, c. 71; (b) The Flin Flon Charter , S.M. 1989-90, c. 72; (c) The Portage la Prairie Charter , S.M. 1989-90, c. 77; (d) The Thompson Charter , S.M. 1989-90, c. 83. Towns, villages and cities continued as urban municipalities 427(1) 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. Rural municipalities continued as rural municipalities 427(2) A municipality incorporated as a rural municipality under the former Municipal Act is continued under this Act as a rural municipality. L.G.D.s continued as towns 428(1) The local government districts of Churchill, Gillam, Grand Rapids and Lynn Lake are continued under this Act as urban municipalities, each under the name "The Town of [insert name]". L.G.D.s continued as rural municipalities 428(2) The local government districts of Alexander, Alonsa, Armstrong, Consol, Fisher, Grahamdale, Mountain, Park, Piney, Reynolds and Stuartburn are continued under this Act as rural municipalities, each under the name "The Rural Municipality of [insert name]". Effect of continuation of municipality or L.G.D 429 A municipality or local government district that is continued as a municipality under this Act is deemed for all purposes to have been formed as a municipality under this Act. Annexation in process under former Act 430 An application for annexation or amalgamation commenced under section 20 of the former Municipal Act but not completed when this Act comes into force is to continue under the former Municipal Act. Councils of municipalities continued 431(1) The council of a municipality referred to in section 427 is continued as a council under this Act. Members continue as if elected under this Act 431(2) 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. Application of clause 91(d) and subsection 92(7) 431(3) Clause 91(d) (municipal employees who are disqualified) and subsection 92(7) (employee elected as member of council or committee of L.U.D.) do not apply to an employee of a municipality who is a member of the council of the municipality or the committee of a local urban district in the municipality at the time this Act comes into force until the employee ceases to be a member of the council or committee. S.M. 1998, c. 33, s. 40 . Elected committees and councils of L.G.D.s continued 432(1) An elected committee or council of a local government district referred to in section 428 is continued as a council under this Act. Members of committees and councils continued 432(2) Each member of a committee or council continued under subsection (1) continues to hold office as if elected a member of the council under this Act. Resident administrator of L.G.D. 433 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. Continuation of unincorporated village districts 434(1) An unincorporated village district formed under the former Municipal Act is continued under this Act as a local urban district. Continuation of unincorporated urban districts 434(2) An unincorporated urban district formed under The Local Government Districts Act is continued under this Act as a local urban district. Committees of U.V.D.s and U.U.D.s continued 434(3) The committee of an unincorporated village district referred to in subsection (1) or an unincorporated urban district referred to in subsection (2) is continued as the committee of a local urban district and, until the first general election following the coming into force of this section, consists of (a) those persons who were members of the committee of the unincorporated village district or the unincorporated urban district immediately before the coming into force of this subsection; and (b) a councillor appointed by the council of the municipality in accordance with section 112. Members of committees continued 434(4) Each member of a committee referred to in clause (2)⁠(a) continues to hold office as if elected a member of the committee under this Act. Effect of continuation of U.V.D.s and U.U.D.s 434(5) 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. By-elections before first general election 434(6) 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 (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. By-laws, resolutions, appointments and other decisions 435(1) A by-law or resolution passed by a council or an appointment or other decision made by or in respect of a municipality under the former Municipal Act or a special Act, or under a provision of another Act amended or repealed by this Act, continues with the same effect as if it had been passed or made under this Act. Organizational by-law and procedures by-law 435(2) The council of each municipality must pass an organizational by-law and a procedures by-law in accordance with sections 148 (organizational by-law) and 149 (procedures by-law) within six months after the coming into force of this Act. Licences, permits, approvals and authorizations 436 Licences, permits, approvals and authorizations issued under by-laws or resolutions made under the former Municipal Act or a special Act, or under a provision of another Act amended or repealed by this Act, continue as if they had been issued or made or under this Act. Agreements and contracts 437 The agreements and contracts of a municipality under the former Municipal Act or a special Act, or under a provision of another Act amended or repealed by this Act, that are in force immediately before the coming into force of this Act are continued as if they were made under this Act, subject to any provision of this Act that affects them. 438 [Repealed] S.M. 2004, c. 2, s. 31 . Funds and reserves under former Act 439 Where money has been paid into or required to be kept in a particular fund or a reserve fund under the former Municipal Act, the fund is continued and must be administered in accordance with this Act. Borrowing 440 Nothing in this Act affects a borrowing made under the former Municipal Act or a special Act. Continuation of tax and penalty 441 A tax and a penalty in respect of a tax imposed before the coming into force of this Act continues with the same effect as if imposed under this Act. Tax rolls and tax notices 442 A tax roll and a tax notice prepared before the coming into force of this Act continue with the same effect as if prepared under this Act. Tax sales and redemptions 443 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. Application of former Municipal Act to City of Winnipeg 444 Despite the repeal of the former Municipal Act, the provisions of that Act continue to apply to The City of Winnipeg to the extent that the former Act is made applicable to The City of Winnipeg by that Act or The City of Winnipeg Charter , but subject to the provisions of this Act that are expressly stated to apply to The City of Winnipeg. S.M. 2002, c. 39, s. 535 . Transitional regulations 445 The Lieutenant Governor in Council may make regulations (a) respecting the transition or conversion to this Act of anything from the former Municipal Act, a special Act or any other Act amended by this Act; and (b) to deal with any difficulty or impossibility resulting from this Act or the transition to this Act from the former Municipal Act, a special Act or any other Act amended by this Act. PART 16 CONSEQUENTIAL AMENDMENTS 446 to 477 NOTE: These sections contained consequential amendments to other Acts, which amendments are now included in those Acts. PART 17 REPEAL, C.C.S.M. REFERENCE, COMING INTO FORCE Repeal 478 The Municipal Act , R.S.M. 1988, c. M225, is repealed. C.C.S.M. reference 479 This Act may be cited as The Municipal Act and referred to as chapter M225 of the Continuing Consolidation of the Statutes of Manitoba . Coming into force 480 This Act comes into force on a day fixed by proclamation. NOTE: S.M. 1996, c. 58 was proclaimed in force January 1, 1997.