The Manitoba Municipal Board is a quasi-judicial tribunal whose members sit to hear applications, appeals and referrals related to various pieces of legislation including the Municipal Act, the Municipal Assessment Act, the Planning Act and the Municipal Board Act. Securities to which reference is made in this Part shall be in such form as may be approved by the board; and all such securities shall be prepared by or subject to the supervision of, the board. S.M. In 2018, Bill 19 amended the Planning Act to allow people wanting to build large-scale agricultural operations and aggregate quarries to appeal to the Municipal Board, a provincial tribunal, if they felt their applications were unjustly denied. The Gas Pipe Line Act The Gas Allocation Act The Greater Winnipeg Gas Distribution Act (S.M. The board may, if the special circumstances of any case so require, make an interim ex parte order authorizing, requiring, or forbidding, anything to be done that the board would be empowered on application, petition, notice, and hearing to authorize, require or forbid; but no such order shall be made for any longer time than the board deems necessary to enable the matter to be heard and determined on such application, petition, notice or hearing. Unless the board is satisfied that a proposed plan will not be acceptable, it shall set out the proposals in the form of an order, and shall cause copies of the proposed order to be sent by mail post prepaid to the local authority or authorities and to the holders of debentures or securities and other creditors of record in its office or otherwise brought to its notice. An appeal lies from any final order or decision of the board to The Court of Appeal upon, (a) any question involving the jurisdiction of the board; or. Where any arrears of taxes are reduced or otherwise made the subject of a compromise hereunder, if the local authority has previously incurred any liability upon the credit of the existence of the arrears, the board may direct the issue of debentures or other securities by the local authority for raising the amount or any part of the amount required to discharge the liability; and those securities shall be made payable upon such terms and conditions, at such rates of interest and at such periods, and be secured by such methods as the board may think fit. Local authorities may become complainants. 2008, c. 34, s. 17; S.M. The Board of Directors of the AMBM is composed of fifteen members, one representative appointed by each member municipal entity, and a representative of the municipal administrators. 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. A single member may hear an application, petition, matter, or complaint, over which the board has jurisdiction under this or any other Act of the Legislature; and, after the hearing, the member shall report thereon fully to the board; and the board may thereupon deal with the application, petition, matter, or complaint, as if the hearing had been before the full board. Don't hesitate to contact us if you have any The board also operates a number of water supply and treatment facilities on behalf of the municipalities. (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 Manitoba Bridge Grant provides a $5,000 grant to: Eligible Manitoba businesses and organizations that are required to fully close their premises to the public as a result of Manitoba COVID-19 Prevention Orders in effect as of November 12, 2020 or any revisions to those Orders. Delegates passed two resolutions calling for changes to a provincial bill which they fear will reduce municipal governments’ power over their constituencies during the Association of Manitoba Municipalities virtual AGM on November 23. Where the commencement of an action or the taking of proceedings is prevented or delayed by reason of any provision of this Part, the time during which the prevention or delay continues shall not be computed for the purposes of any statute of limitations or other Act or law limiting the time within which an action is required to be commenced or proceedings taken; but the person having the right of action or the right to take proceedings, upon the removal of the prevention or stay, has the same length of time within which to take action or to proceed as he had when the prevention, stay or postponement came into operation. Subject to the prior right of the courts and of judicial and administrative officers to use the court house for the purposes of the administration of justice, where sittings of the board, or a member, are held in any city, town, or place in which a court house is situated, the board or the member has, in all respects, the same authority as is vested in a judge of the Court of Queen's Bench with regard to the use of the court house and other buildings or apartments set apart for the administration of justice. (10) “Municipal Board” means The Municipal Board of Manitoba established under The Municipal Board Act, C.C.S.M. The written memorandum of authorization by the board under the seal of the board for which provision is made in subsection (1), however, does not render unnecessary any signature, countersignature or other formality otherwise required by law on the debenture or security. Where the amount of arrears as fixed by the board in an order made under section 90 with respect to any parcel is not paid within the time limited in the order, the board may order that the title to the parcel be transferred to the local authority (or Her Majesty in the case of Crown lands); whereupon the district registrar of the land titles district in which the parcel concerned is situated, upon the authority of the order, shall issue to the local authority, or to Her Majesty, as the case may be, a certificate of title, free of all encumbrances except such arrears of taxes as may be payable to any other authority upon the payment of the proper fee. Discover how the Board was established, its functions, and who A notice required to be given to a company, a local authority or other corporation, a partnership, firm, or individual shall be deemed to be sufficiently given by the delivery of the notice or a copy thereof, within the time if any, limited therefor. (c) where the creditors interested in at least 25% per centum of the indebtedness of the local authority so request. 2012, c. 40, s. 64. The act sets out the general provisions respecting the board’s operations. Where the Minister of Justice, a local authority, or a person interested makes a complaint to the board that a local authority, a corporation, or any person has unlawfully done or unlawfully failed to do, or is about unlawfully to do, or unlawfully not to do, something relating to a matter over which the board has jurisdiction as aforesaid, and requests the board to make some order in the matter, the board shall, after hearing such evidence as it may think fit to require, make such order as it thinks proper under the circumstances. (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 list of all properties with property taxes in arrears for more than one year in accordance with section 364 of The Municipal Act. She also served as the chair of the Yukon Employment Standards Board from 2005 to 2011. Upon proclamation, the IEA and Regulations came into force, as … 2018, c. 28, s. 16. Approval of Lieutenant Governor in Council, and issue of order. Foreword . The Lieutenant Governor in Council shall designate one of the members to be chairman of the board. The board may, in its discretion, accept and act upon evidence by affidavit or written affirmation or by the report of a member or of any officer or technical adviser appointed hereunder or obtained in such other manner as it may decide. Caution with Precaution, Municipal Leader Magazine, Fall 2007. To update address information or contact information send your updated information to: . A recent amendment to The Election Financing Act reduces the reimbursement paid to candidates and parties from 50% to 25%. In the case of Municipal Act by-law contraventions, non-compliance may result in prosecution under the Provincial Offences Act. 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. Save as herein otherwise provided, two members of the board constitute a quorum of the board. 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. The board may make rules of practice, not inconsistent with this Act, regulating its procedure and the times of its sittings; but the rules do not come into force until they are published on the board's website. Local authority to await disposal of application. Welcome to The Manitoba Municipal Board Web site. The members of council or trustees who vote for the misapplication mentioned in subsection (1) ipso facto forfeit their office and are disqualified from holding any municipal office or any office in the school district, as the case may be, for two years. The Manitoba Water Services Board was established in July 1972 as a Crown Corporation, under The Manitoba Water Services Board Act, to assist in the provision of water and sewerage facilities for the residents of rural Manitoba. Subject to subsection (3), the board may, after such notice and hearing as it considers appropriate and on any terms and conditions it may determine, (a) by order, vary, cancel or substitute, in whole or in part, a building restriction or development scheme affecting lands, or the use of lands, regardless of how it was created; and, (b) for the purpose of giving effect to an order made under clause (a), order the discharge, removal or amendment of, (i) the caveat recording the building restriction, or. c. 175. In dealing with an application the board shall consider. Where land affected by a plan of subdivision is within The City of Winnipeg, no application under subsection (1) shall be considered by the board unless the council of The City of Winnipeg has, by resolution, approved the application. For an official version, please contact the Government of Manitoba Statutory Publications. Details on reimbursement of election expenses can be found in Part 10 of the Act. 12. From among its staff, the board may appoint one or more assistant secretaries to act under the direction of the secretary and to perform such duties as the secretary of the board directs, including attending meetings of the board for the purpose of keeping records of all proceedings conducted before the board. Sections 71 to 88 and Part III do not apply to The City of Winnipeg, or to The Winnipeg School Division No. Where the board, during or after its inquiry, considers that it is expedient that a supervisor be appointed to supervise the financial affairs of a municipality and so reports to the minister, the Lieutenant Governor in Council may authorize the board to appoint, and the board may appoint, a supervisor of the municipality and the school districts for which it collects taxes, or, with the approval of the Lieutenant Governor in Council, the board may itself exercise the powers of a supervisor. Upon receipt of an order made under this Part, the district registrar of the land titles district in which the plan is registered shall cancel in whole or in part, or amend, or alter, the plan in accordance with the terms of the order, and shall cancel the certificates of title issued according to the original plan and issue such new certificates of title according to the new or amended plan as are by the order required, and shall make such other cancellations and registrations, and shall do all such things, as are necessary to give full effect to the order. Subject only to the right to appeal for which provision is hereinafter made, and to subsection 46(3), every decision or order of the board is final. (9) “Municipality” means the municipal corporation known as The City of Brandon. 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. Sheriffs, deputy sheriffs, bailiffs, constables, and other peace officers, wherever required to do so, shall aid and assist the board in the performance of its duties. the content of this site was tailored to inform those who may wish to appeal Where, upon the application, any parcel of land, or any right or interest therein, is ordered to be vested in the applicant, the board shall fix the amount of compensation payable therefor to the owner thereof, or may require the owner to accept by way of entire or partial compensation therefor, any other parcel of land, or any right or interest therein, whether in that subdivision or not and may vest it in the owner. compiles election information from all of Manitoba’s 137 incorporated municipalities. Upon any application to it, the board may make an order granting the whole or part only of the application, or may grant such further or other relief in addition to or in substitution for that applied for, as fully and in all respects as if the application had been for such partial, further or other relief. The act sets out the general provisions respecting the board’s operations. (a) enter upon and inspect any place, building, works or other property; (b) require the attendance of all such persons as it or he thinks fit to summon and examine and take the testimony of the persons; (c) require the production of all books, plans, specifications, drawings, and documents; (d) administer oaths, affirmations, or declarations, and to summon witnesses, enforce their attendance, and compel them to give evidence and produce the books, plans, specifications, drawings, and documents, which it or he may require them to produce. One of the Board's duties is to receive and resolve property assessment appeals. Manitoba Liberal Leader Dougald Lamont described the legislation as a "complete power grab." FAQ's, please let us know. 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 require such notice of an application to, or hearing of, the board as the board deems sufficient, to be given by the person making the application or prosecuting the matter for which the hearing is being held to any party to, or person whom the board considers has an interest in, the application or matter. The board may order that any lot or parcel of land fixed as compensation for any other lot or parcel of land be subject to the same equities, rights, or interests, as the land for which the compensation is given; and the order has the effect of transferring all the equities, rights, or interests, to the lot or parcel of land given as such compensation. Board The LGCA is led by a board appointed by the Lieutenant-Governor-in-Council. Any by-law passed under, or subject to, this Part, unless otherwise provided, shall not be repealed until the debt created under the by-law is fully paid and satisfied. (c) upon the performance to the satisfaction of the board, or a person named in the order for the purpose, of any terms which the board may impose upon any party interested; and the board may direct that the whole or any portion of the order shall have force for a limited time, or until the happening of a specified event. Every written or printed document purporting to have been issued or authorized by a corporation or any officer, agent, or employee of a corporation, or by any other person or corporation, for or on its behalf, shall, as against the corporation, be received in evidence, in matters before the board, as prima facie proof without any further evidence than the mere production of the document. The Municipal Government Act raises the standards regarding good governance, financial accountability, administration and service delivery while providing municipalities with greater authority, flexibility and discretion. 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