Manitoba Treaty Land Entitlement

A reference manual for municipal development and services agreements

---

VIII. Information contacts

1. Appendix A
2. Appendix B

If you have any questions or require information regarding:

• the MDSA please contact:

Manitoba Department of Intergovernmental Affairs
500 - 800 Portage Ave.
Winnipeg, Manitoba   R3G ON4
Tel.: (204) 945-2567

• the Treaty Entitlement Agreement please contact:

Manitoba Department of Aboriginal and Northern Affairs
200 - 500 Portage Ave.
Winnipeg, Manitoba   R3C 3XI
Tel.: (204) 945-2507

Appendix A

Municipal Authority under Provincial Legislation

The following is a partial list of Manitoba legislation that pertains to Municipalities and topics that are covered under the legislation:

1. The Planning Act, C.C.S.M. c. P80
   Contains provisions relating to:
   1. provincial land use planning (Part II),
   2. planning districts (Part III),
   3. development plans (Part IV),
   4. zoning by-laws (Part V, ss. 39-47),
   5. conditional use (Part V, s. 53),
   6. variation orders (Part V, ss. 54, 55, 56),
   7. interim development control (Part V, s. 57), and
   8. subdivision of land (Part VI).
   
   
   
2. The Municipal Act, C.C.S.M. c. M225
   Authorizes a Municipality to pass by-laws relating to:
   1. the safety, health, protection and well-being of people, and the safety and protection of property (s. 232(1)(a));
   2. people, activities and things in, on or near a public place or a place open to the public, including parks, municipal roads, recreation centres, restaurants, facilities, retail stores, malls, and private clubs and facilities that are exempt from municipal taxation (s. 232 (1)(b));
   3. subject to section 233, activities or things in or on private property (s. 232(1)(c));
   4. municipal roads, including naming the roads, posting the names on public or private property, and numbering lots and buildings along the roads (s. 232(1)(d));
   5. private works on, over, along or under municipal roads (s. 232(1)(e));
   6. property adjacent to highways or municipal roads, whether the property is publicly or privately owned (s. 232(1)(f));
   7. the operation of off-road vehicles on public or private property (s. 232(1)(g));
   8. drains and drainage on private or public property (s. 232(1)(h));
   9. preventing and fighting fires (s. 232(1)(i));
   10. the sale and use of firecrackers and other fireworks, the use of rifles, guns, and other firearms, and the use of bows and arrows and other devices (s. 232(1)(j));
   11. wild and domestic animals and activities in relation to them, including by-laws that differentiate on the basis of sex, breed, size or weight (s. 232(1)(k));
   12. public utilities (s. 232(1)(l));
   13. local transportation systems (s. 232(1)(m));
   14. businesses, business activities and persons engaged in business (s. 232(1)(n)); and
   15. the enforcement of by-laws (s. 232(1)(o)).
3. The Northern Affairs Act, C.C.S.M. c. N100
   Provides for:
   1. agreements between the minister and Canada for the provision, maintenance or improvement of local services (water supply, water distribution systems, sewage systems, sewage disposal plants, garbage and waste disposal facilities, local roads, sidewalks, local drains and drainage systems, fire and police protection, street lighting, planning, recreation facilities, transportation facilities, libraries, weed control and schools) (s. 7),
   2. power of minister to make a by-law for or on behalf of the residents of Northern Manitoba, a community or incorporated community (s. 5),
   3. powers of incorporated community (Part VII), and
   4. agreements by incorporated community with Canada, Manitoba, a Municipality, local government district or another incorporated community for policing (s. 81).
4. The City of Winnipeg Act, S.M. 1989-90, c. 10
   Contains provisions relating to:
   1. jurisdiction (Part 5),
   2. assessment (Part 7),
   3. collection of realty and business taxes (Part 8),
   4. local improvements (Part 10),
   5. public convenience (Part 12),
   6. health and sanitation (Part 13),
   7. building standards (Part 15), and
   8. planning and development (Part 20).
5. The Buildings and Mobile Homes Act, C.C.S.M. c. B93
   Authorizes the:
   1. Lieutenant Governor in Council to adopt established building construction code or standard, or establish or prescribe a building construction code or standard for use in the province (s. 3(1)) and requires Municipalities to adopt and enforce the same (s.4), and
   2. minister to issue permits relating to buildings.
6. The Heritage Resources Act, C.C.S.M. c. H39.1
   Contains provisions relating to the designation of properties as heritage sites by the minister (Part I) and Municipality (Part III).
7. The Fires Prevention Act. C.C.S.M. c. F80
   Provides for the fire chief or clerk (if no fire department) of a Municipality to be a local assistant responsible for preparing reports on fires in the district (s.38).

Entitlement First Nation Authority - the Indian Act, R.S.C. c. I-5

The Indian Act authorizes a band council to make by-laws on the following matters (s. 81(1) and 83(1)):

1. protection of health of residents and prevention of spreading of contagious and infectious diseases (s. 81(1)(a)),
2. traffic regulation (s. 81(1)(b)),
3. maintenance of law and order (s. 81(1)(c)),
4. control of disorderly conduct and nuisances (s. 81(1)(d)),
5. protection against and prevention of trespass by cattle and other domestic animals, establishment of pounds, appointment of pound-keepers, regulation of their duties, and provision for fees and charges for their services (s. 81(1)(e)),
6. construction and maintenance of watercourses, roads, bridges, ditches, fences and other local works (s. 81(1)(f)),
7. division of the reserve or a portion thereof into zones and the prohibition of the construction or maintenance of any class of buildings or the carrying on of any class of business, trade or calling in any zone (s. 81(1)(g)),
8. regulation of construction, repair and use of buildings, whether owned by the band or by individual band members (s. 81(1)(h)),
9. survey and allotment of reserve land among the members of the band and the establishment of a register of Certificates of Possession and Certificates of Occupation relating to allotments and the setting apart of reserve lands for common use (s. 81(1)(i)),
10. destruction and control of noxious weeds (s. 81(1)(j)),
11. regulation of bee-keeping and poultry raising (s. 81(1)(k)),
12. construction and regulation of the use of public wells, cisterns, reservoirs and other water supplies (s. 81(1)(l)),
13. regulation of public games, sports, races, athletic contests and other amusements (s. 81(1)(m)),
14. regulation of the conduct and activities of hawkers, peddlers or others who enter the reserve to buy, sell or otherwise deal in wares or merchandise (s. 81(1)(n)),
15. preservation, protection and management of fur-bearing animals, fish and other game on the reserve (s. 81(1)(o)),
16. removal and punishment of persons trespassing on the reserve or frequenting the reserve for prohibited purposes (s. 81(1)(p)),
17. membership and residence on the reserve (s. 81(1)(p.1)(p.2)(p.3)(p.4)),
18. matters arising out of or ancillary to the exercise of powers under section 81 (s. 81(1)(q));
19. imposition on summary conviction of a fine not exceeding one thousand dollars or imprisonment for a term not exceeding thirty days, or both, for violation of a by-law made under section 81 (s. 81(1)(r)),
20. taxation for local purposes of land, or interests in land, in the reserve, including rights to occupy, possess or use land in the reserve (s. 83(1)(a)),
21. licensing of businesses, callings, trades and occupations (s. 83(1)(a.1)), and
22. matters arising out of or ancillary to the exercise of powers under section 83 (s. 83(1)(g)).

-- top --