.
L.G. 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417(3) A regulation made under subsection (1) is repealed on the earliest of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.
Publication is proof of compliance
419 Publication in The Manitoba Gazette of a regulation made under this Act is conclusive proof of compliance with any condition required to make the regulation.
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) publish the notice at least twice in a newspaper or other publication having general circulation in the municipality, during the period starting 40 days before the hearing and ending seven days before it, and the publications being at least six days apart; and
(b) post the notice in the municipal office for at least 14 days in the period described in clause (a).
Content of the notice
420(2) A notice of a public hearing under subsection (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) 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; and
(b) post the notice in the municipal office for at least 14 days .
Content of other public notices
420(4) A notice under subsection (3) 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.
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
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.
Publication is proof of compliance
419 Publication in The Manitoba Gazette of a regulation made under this Act is conclusive proof of compliance with any condition required to make the regulation.
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) publish the notice at least twice in a newspaper or other publication having general circulation in the municipality, during the period starting 40 days before the hearing and ending seven days before it, and the publications being at least six days apart; and
(b) post the notice in the municipal office for at least 14 days in the period described in clause (a).
Content of the notice
420(2) A notice of a public hearing under subsection (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) 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; and
(b) post the notice in the municipal office for at least 14 days .
Content of other public notices
420(4) A notice under subsection (3) 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.
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
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