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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 Queen'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 three 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 district established under The Planning Act,
(b) a school district or school division established under The Public Schools Act,
(c) a conservation district established under The Conservation Districts Act,
(d) a health and social services district board established under The District Health and Social Services Act,
(e) the governing board of a hospital district established under The Health Services Act,
(f) a community development corporation incorporated under Part XXI of The Corporations Act, or
(g) a body designated as a local authority by regulation made by the minister under clause 7(a); (« autorité locale »)
"local improvement" means a local improvement under Division 4 of Part 10; (« amélioration locale »)
"local urban district" means a local urban district established under section 46 or Division 5 (Local Urban Districts) of Part 3; (« district urbain local »)
"members" means, when referring to a council, the councillors and the head of council; (« conseillers »)
"minister" means the member of the Executive Council who is charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)
"municipal participation corporation" means a corporation or entity in which all the members or shareholders are municipalities and which is controlled by the municipalities; (« corporation à participation municipale »)
"municipal purposes" means the purposes set out in section 3; (« fins municipales »)
"municipal record" means any kind of recorded information that is created or received by, or in the custody or control of, a municipality, regardless of physical form or characteristics, and includes
(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 »)
"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.
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.
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