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) subject to subsection (5), lists of electors;
(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.
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 Act. Certain information not available
263(5) Information about an elector that is omitted or obscured from a list of electors or other record under section 36.1 of The Local Authorities Election Act (personal security protection on lists and records) must not be made available for inspection or copying under this section.
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) subject to subsection (5), lists of electors;
(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.
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 Act. Certain information not available
263(5) Information about an elector that is omitted or obscured from a list of electors or other record under section 36.1 of The Local Authorities Election Act (personal security protection on lists and records) must not be made available for inspection or copying under this section.
DIVISION 3
FIRE PROTECTION SERVICES AND POLICE 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. Designated officer
269 A designated officer who is appointed as a local assistant under The Fires Prevention Act must enforce in the municipality any regulation that the Fire Commissioner of Manitoba directs him or her to enforce.
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.
POLICE SERVICES
Certain urban municipalities
271(1) Every urban municipality having a population of 750 or more inhabitants must appoint a chief constable and may in addition appoint one or more constables for the municipality.
Other urban municipalities, and rural municipalities
271(2) An urban municipality having a population of less than 750 inhabitants, and a rural municipality, may appoint a chief constable and one or more constables.
Agreements respecting policing
272(1) A municipality may enter into an agreement with another municipality or an agency or department of the Government of Manitoba or the Government of Canada by which
(a) the duties assigned by law to the police of the municipality are carried out by a police force that is under the control or supervision of the other municipality or the government of the province or Canada; and
(b) the municipality pays the cost of providing the service.
Effect of agreement
272(2) A municipality that enters into an agreement under subsection (1) is in compliance with section 271.
Powers and duties of constables
272(3) A constable has the powers and privileges, and is subject to the same liability and limits, as a constable appointed by the Lieutenant Governor in Council under The Provincial Police Act.
DIVISION 4
MUNICIPAL ASSISTANCE
Definitions
273 In this Division,
"municipal assistance" means municipal assistance as defined in The Social Allowances Act; (« aide municipale »)
"resident" means a person who has established residency in a municipality as determined under Schedule 7 (rules respecting residence) of The Municipal Act, R.S.M. 1988, c. M225, as it read immediately before the coming into force of this Act. (« résident »)
Powers under The Social Allowances Act
274 Every municipality has the powers and authority set out in section 2 of The Social Allowances Act.
Municipal assistance
275 A municipality must provide municipal assistance to a person within the municipality who is eligible for municipal assistance in accordance with The Social Allowances Act and regulations, whether or not the person is a resident of the municipality.
Residence disputes determined by Municipal Board
276(1) A municipality may request The Municipal Board to determine whether a person is a resident.
Notice to minister
276(2) A municipality must give the minister responsible for the administration of The Social Allowances Act notice of a request under subsection (1).
Municipal assistance by-laws
277(1) Subject to the approval of the minister responsible for the administration of The Social Allowances Act, a municipality may, in accordance with that Act and the regulations, by by-law, make provision for payments to persons described in section 275 that are greater than the amount otherwise payable under The Social Allowances Act
(a) by making exemptions from financial resources in addition to those specified in the regulations, or by increasing the value of those exemptions; or
(b) by establishing a cost of basic necessities that is greater than that which is established in the regulations.
By-laws re regulation under Social Allowances Act
277(2) Where a municipality passes a by-law in accordance with a regulation under The Social Allowances Act, the minister responsible for the administration of that Act must approve the by-law.
Where municipality fails to assist
278(1) Where a municipality responsible for providing municipal assistance to a person fails or refuses to do so, the person may apply to the director under The Social Allowances Act who may provide assistance under that Act in place of municipal assistance.
Debt due by municipality
278(2) An amount paid under subsection (1) is a debt due to the government by the municipality and may be recovered by the government from the municipality by withholding the amount from grants payable to the municipality.
By-law inconsistent
279 If a by-law or resolution of a council conflicts with a provision of
(a) this Division;
(b) The Social Allowances Act or a regulation under it; or
(c) an Act of Parliament or an agreement between the province and the Government of Canada respecting the Government of Canada's contributions in support of social programs;
the by-law or resolution is invalid and of no force or effect to the extent of the conflict.
Limitation on recovery of municipal assistance
280 Despite Part 11 (Tax and Debt Collection), where under The Social Allowances Act a municipality is entitled to recover municipal assistance from a person, it may do so only in accordance with that Act.
Application to City of Winnipeg
281 This Division applies to The City of Winnipeg.
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
285 In this Division, "municipal road" means land that
(a) has been opened by a municipality under section 289, or constructed or maintained by a municipality, as a road for public use; and
(b) has not been closed under section 290;
but does not include a provincial road or a provincial trunk highway, as those terms are defined in The Highways and Transportation Department Act.
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, The Manitoba Telephone System, or any other Crown agency under The Manitoba Hydro Act, The Manitoba Telephone 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).
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 subsections 291(2) and (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.
Opening a municipal road
289 A municipality may open land for public use as a municipal road by registering a plan at the appropriate land titles office.
Closing a municipal road
290(1) Subject to subsection (2), a municipality may close a municipal road by registering a plan, by-law or resolution 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 member of the Executive Council charged with the administration of The Crown Lands Act.
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.
Sale of land used for municipal road
291(2) A municipality may authorize the sale of land on which was situated a municipal road that has been or is to be closed under section 290 only with the written approval of the minister. 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.
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 Natural Resources, sell it.
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 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.
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.
End of Part 9
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.
End of Part 9
No comments:
Post a Comment