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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
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