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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 of Aboriginal and Northern Affairs 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.
Application of Division to unorganized territory
6(1) This Division applies to unorganized territory and to the Minister of Aboriginal and Northern Affairs 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 of Aboriginal and Northern Affairs as a municipality
6(3) The Minister of Aboriginal and Northern Affairs 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.
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 of Aboriginal and Northern Affairs 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.
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 surname and given name or initials 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.
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.
Regulations Act does not apply
23(5) The Regulations Act does not apply to a direction under subsection (4).
S.M. 2005, c. 27, s. 158.
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]";
(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]" or "The Urban Municipality of [insert name]";
(d.1) in the case of a municipality that is formed by the amalgamation of a rural municipality and an urban municipality, 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.
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.
Regulations Act does not apply
39(5) The Regulations Act does not apply to a direction under subsection (4).
S.M. 2005, c. 27, s. 158.
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.
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 L.G. 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 L.G. 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.
Regulations Act does not apply
73(3) The 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.
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.
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