To provide technical and financial assistance to municipalities and water co-operatives in: Manitoba Liberal Leader Dougald Lamont described the legislation as a "complete power grab." In matters within its jurisdiction, the board may order and require any person, local authority, or corporation to do any act, matter, or thing that the person, local authority, or corporation is or may be required to do under this Act or any other Act of the Legislature or under any order, regulation, direction, or agreement. c. M240, and amendments thereto. The secretary of the board and such other permanent officers and employees as may be necessary for carrying on the business of the board, shall be appointed as provided in The Civil Service Act. In every case to which subsection (1) applies, the person so authorized may do the act, matter or thing, and the expense incurred in the doing thereof may be recovered from the person, local authority, or corporation in default as money paid for and at the request of the person, local authority, or corporation; and the certificate of the board of the amount so expended is conclusive evidence thereof. S.M. Cost of operation and maintenance is recovered through (wholesale) water sales. “7. (b) require the assistance of any peace officer in maintaining peace and good order at any such meeting, sitting, hearing, investigation, or inquiry or in removing, ejecting, or excluding therefrom any person to whom clause (a) applies. For an official version, please contact the Government of Manitoba Statutory Publications. Sections 71 to 88 and Part III do not apply to The City of Winnipeg, or to The Winnipeg School Division No. Chairman 26(1) The Lieutenant Governor in Council shall appoint one member to be chairman of the board. Representing the Dominion Government. (c) after notice to the other parties stating the grounds of appeal. Discover how the Board was established, its functions, and who Where, under any Act of the Legislature, the board is authorized or required to consider an application for any purpose, hold a hearing, or make an investigation or inquiry, and a notice of the application, hearing, investigation, or inquiry is authorized or required to be given by the board or by any person, the board may, notwithstanding any provision of this Act or of any other Act enacted before or after the coming into force of this Act, by written order, require the notice to be given by the person making the application or requiring or requesting the investigation or inquiry to be held or prosecuting the matter for which the hearing is to be held. Municipalities and the Constitution, Municipal Leader Magazine, Spring 2008. Where there is, for any cause, a vacancy in the office of chairman, the Lieutenant Governor in Council may appoint one of the other members, whether he is a permanent member or a member appointed temporarily under section 11, as acting chairman either for a specified period or without fixing the term of the appointment. No member or employee of the board shall be required to give testimony in any civil suit to which the board is not a party, with regard to information obtained by him in the discharge of his official duties in connection with the board. the current members are. The province of Manitoba has introduced amendments to The Municipal Act (the "Act") and the Council Members' Codes of Conduct Regulation (the "Regulation"). The amendment came into force June 3, 2019. (e) where the taxpayer and the local authority imposing the taxes cannot agree as to the terms of a compromise which should be made under powers possessed by the local authority to make a compromise with the taxpayer. A, s. 76; S.M. Other provincial statutes, such as The Municipal Act, The Municipal Assessment Act and The Planning Act, also give the board jurisdiction to make decisions or recommendations about various matters. The board sets the strategic direction for the LGA and provides advice and recommendations to the Minister charged with the administration of The Liquor and Gaming Control Act. Power to validate certain acts of local authorities. The procedure relating to the attendance of witnesses before the board is that from time to time in force in the Court of Queen's Bench; but a summons to a witness may be signed by a member or the secretary of the board. S.M. In December 2013, the Province of Manitoba enacted legislation providing an alternative approach for processing and resolving minor by-law infractions; The Municipal By-law Enforcement Act. The Manitoba Water Services Board Act, C.C.S.M. A local authority respecting which an inquiry is being or has been made, or holders of debentures or securities or their representatives, may submit a proposed plan of adjustment to the board or the board may itself propose a plan. The board's power under subsection (3) includes the power to make rules of practice respecting one or more members of the board assisting the parties to resolve matters at issue in an appeal under The Municipal Assessment Act, without holding a hearing. The board has full power and authority to maintain order and decorum at all meetings or sittings of, or hearings, investigations, or inquiries conducted by the board; and for that purpose the chairman or other presiding member of the board may, (a) remove, eject, or exclude, or cause to be removed, ejected, or excluded from any such meeting, sitting, hearing, investigation, or inquiry, any person whom, in his absolute discretion, he deems to be intoxicated or to be, or to be about to become, disorderly or offensive or guilty of any improper conduct thereat; and. The Act also prohibits Manitoba municipalities from running budget deficits and, as such, requires a municipality to seek Board approval for any deficit and its method of recovery. Consolidated Statutes of Manitoba. It also reduces the number of valid voters required to qualify for reimbursement from 10% to 5%. and may refuse the application or require the local authority to vary the application, or may grant the application in whole or in part, or subject to conditions. Welcome to The Manitoba Municipal Board Web site. In the case of an order of the board for payment of any money, costs, expenses, or penalty, a certificate of the order, signed by the secretary, may be registered in the office of any land titles district in the province; and when so registered it constitutes a lien and charge upon any lands or interest therein, of the party or person or company ordered to pay the money, in the land titles district in which the office is situated, to the same extent, and in the same manner, as the lands would be bound by the registration of a certificate of a judgment of the Court of Queen's Bench. The board may direct, in any order, that the order or any portion or provision thereof shall come into force, (b) upon the happening of any contingency, event, or condition specified in the order; or. SCHEDULE Agreement Between Canada, Ontario and Manitoba. c. W90 Appointment of board members 25 The board shall consist of not more than five persons appointed by the Lieutenant Governor in Council. [20] Manitoba municipalities already had the power to regulate livery and taxicab businesses by by-law under s. 23 of the HTA. The board need not show upon the face of an order that any proceeding or notice was had or taken, or that there existed any circumstances necessary to give it jurisdiction to make the order. Vice-chairman The signature of the member, or other person authorized for the purpose, for which provision is made in subsection (1), may be engraved, lithographed, printed, or otherwise mechanically reproduced on the note or memorandum. Any order, regulation, decision direction, report, or other document made or issued by or for use before the board requiring to be served upon any person, may, unless otherwise provided herein, be served in like manner as notice may be given hereunder or by mailing a certified copy thereof, in a sealed package, with postage prepaid, to the person to be served, or in the case of a corporation, to any officer or agent thereof upon whom a summons may be served in accordance with the law in the province. All hearings and investigations conducted by the board shall be governed by rules adopted by the board. What regulations are part of the MGA? These databases have been put together based on materials available on the Laws of Manitoba Web site maintained by the Queen's Printer for Manitoba. FAQ's, please let us know. The Manitoba Ombudsman's Office promotes fairness and administrative accountability through independent investigation of complaints and legislative compliance reviews under The Ombudsman Act. Form 29 - Ballot Account Form. The board is not bound by the technical rules of legal evidence. Welcome to The Manitoba Municipal Board Web site. Don't hesitate to contact us if you have any The board, upon the application of the local authority, may, after such notice and hearing as it deems proper, order a compromise of tax arrears and penalties thereon to be entered into between any taxpayer and any local authority, (a) with respect to lands lying within a municipality or school district the affairs of which are the subject of inquiry held or order made under sections 71 to 79; or, (b) with respect to lands in a plan of subdivision which may be cancelled, amended, or altered under Part IV; or, (c) with respect to a parcel of land in an urban municipality which may be made the subject of an application for separation from the municipality under The Municipal Act; or, (d) with respect to arrears of taxes upon lands the assessment of, or annual levy upon, which has been reduced whereby the annual tax is reduced, but only in respect of the amount by which the arrears are greater than the reduced tax would be for the same period; or. Where within two months from the date of mailing the report, or within such further time as the board may allow, a petition against the making of the order is filed with the board by creditors representing not less than 20% of the par value of the principal of the debenture indebtedness affected by the proposed order (exclusive of debentures held by the government or by the local authority or on its behalf as sinking fund) the board shall not execute the proposed order. BUILDING RESTRICTION CAVEATS AND DEVELOPMENT SCHEMES, Power to vary caveats, declarations and agreements. Members and employees not required to give evidence in civil suits. (b) any other person authorized for the purpose by order of the board. S.M. Where, under any Act of the Legislature, a by-law or contract of a municipality is not valid until the approval or authorization of the board has been given thereto, and under that Act the by-law or contract is valid without the consent or sanction of the ratepayers or voters being given thereto by a vote, the board, notwithstanding that Act may, as a condition of giving its approval or authorization thereto, by order require the municipality to submit the by-law or contract for the sanction of the voters or ratepayers by taking a vote thereof at the time, and in accordance with the conditions, set out in the order. Fire protection services are delegated under Part 9 – Duties of Municipalities, Division 3 (Section 264 to 270). In Manitoba, pest control falls under municipal by-laws or the province's public health act. (b) by order of the Lieutenant Governor in Council; and Part I, in so far as it is applicable, applies to the carrying out of duties so assigned. The board shall not make an order involving any outlay, loss, or deprivation to a local authority, or person without due notice and full opportunity to all parties concerned, to produce evidence and be heard at a public hearing of the board, except in case of urgency; and in that case, as soon as practicable thereafter, the board shall, on the application of any party affected by the order, re-hear and reconsider the matter and make such order as to the board seems just. (iii) the number of applications rejected; (b) the number and nature of orders made pursuant to inquiries which it has held of its own motion; (c) the number of licences, permits, and certificates, issued and the fees collected by the board; and. A municipality or a school district may make a request under clause 1(b), (a) in the case of a municipality, in regard to a school district for which it collects taxes; or. A party to any matter before the board may enforce observance of an order of the board in the matter by obtaining a written direction to a sheriff endorsed upon, or annexed to, a certified copy of any such order and signed by the chairman of the board; and, in the case of an order for payment of any money, costs, expenses, or penalty, the sheriff receiving the direction shall levy the amount with his costs and expenses in like manner and with the same powers as if the order were an execution against the goods of the party to pay issued out of the Court of Queen's Bench. Notices respecting matters before, or to come before, the board that are required or authorized to be in writing may be signed, (a) if given by the board, by the chairman, a member or the secretary of the board; or, (b) if given by a person appointed by the board, by that person; or. 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