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Commission municipale du Manitoba

Lois et règlements

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La Loi sur les municipalités contient les dispositions générales relatives au fonctionnement de la Commission. Vous pouvez consulter le document ci-dessous.

D’autres lois provinciales accordent à la Commission la compétence de prendre des décisions ou de faire des recommandations en ce qui concerne diverses affaires. Voici les lois en question:

The Planning Act S.M. 2005, c. 30:
(i) Before deciding whether to approve the development plan by-law, the minister may refer an objection to the by-law filed under clause 48(c) or a specific question or issue about the by-law to the Municipal Board. - Section 49
(ii) *Objections to zoning by-laws. - Section 77(7)
(iii) *An applicant or the minister may appeal the following decisions of the approving authority to the Municipal Board:

a) a decision to approve or reject an application under subsection 126(2), including a decision to impose conditions,

b) a decision to impose new conditions or vary or rescind conditions under subsection 162(4).

- Section 129(1)
* Decisions relevant to items (ii) and (iii) under The Planning Act must be rendered within 30 days from the date on which the hearing was concluded.  

 

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The City of Winnipeg Charter:
(i) Minister may refer a proposed Plan Winnipeg By-law to the Board for a Report. - Section 229(2)
(ii) Where a proposed secondary Plan Winnipeg By-law deals with an airport vicinity protection area and appropriate objections are filed, the City must refer it to the Board for a report with recommendations to City Council. - Section 270
(iii) Before dealing with an application for approval of a long term borrowing by-law from the City of Winnipeg, the Minister of Finance may refer it to The Municipal Board for a report with its advice and recommendations. - Section 295
(iv) Section 86 of The Municipal Board Act applies to The City of Winnipeg, with respect to the validation of acts of local authorities. - Section 312

 

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The Water Rights Act:
  "…provides for a public hearing to be held by The Municipal Board to hear representation for or against a license issued under this Act; and with respect to a cancellation of a license;" - Section 6(4)
  "…and provides for an appeal to The Municipal Board by a person affected by an order or decision of the Minister under this Act, within 30 days of the making of the order or decision. " - Section 24

 

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The Public Libraries Act: provides for:
(i) authorization by The Municipal Board for establishing a municipal public library by a municipality, and - Section 9(2)
(ii) authorization by The Municipal Board for establishing a regional library by two or more municipalities. - Section 22(2)

 

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The Special Survey Act:
  The Minister of Consumer and Corporate Affairs may appoint The Municipal Board to hear complaints under this Act, and for that purpose The Municipal Board has the same powers as the Minister of Consumer and Corporate Affairs. - Sections 4 & 6

 

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The Heritage Resources Act:
  Objections and appeals with respect to the designation of a heritage site:
- referred by Minister;
- Section 7(1)
  and - Section 9(5)

 

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The Real Property Act:
  "…provides that The Registrar General, before approving a plan of subdivision, may require the cancellation, under The Municipal Board Act, of any existing plans or portions thereof affecting the land in the plan of subdivision. - Section 117(5)

 

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The Expropriation Act:
  "…provides that where an authority other than the Crown expropriates land of which another authority is an owner, either authority may apply to The Municipal Board to prescribe, and the Board may prescribe, the terms and conditions, including the provision of other lands and facilities, upon which the expropriation may proceed, and the Board may, in its absolute discretion, order that the expropriation be abandoned. - Section 8(1)

 

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The Highway Traffic Act:
  Where two municipalities have jurisdiction over a bridge, either municipality may pass a by-law limiting the rate of speed with the Board's approval. - Section 105(2)
  Section 60(1) of The Municipal Board Act reads:  
 

"Grounds of appeal.
60(1) 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
(b) any point of law."

 

 

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The Health Services Insurance Act:
  Determination of municipal residence as to whether a person is a resident of a municipality, or as to which of two or more municipalities is the municipality in which a person is resident - the dispute may be referred to The Municipal Board. - Section 2(2)

 

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The Regional Waste Management Authorities Act:
  The Lieutenant Governor-in-Council may make regulations to authorize The Municipal Board to determine the amount an authority must pay a municipality from which is acquired real or personal property, by other than expropriation - Section 7(1)(i)
  Expropriation by an authority of land requires the approval of The Municipal Board (hearing process). - Section 10(1)
  Applications for capital expenditures and securities (debentures, bonds, etc.) are subject to the approval of The Municipal Board. - Section 11(4)

 

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The Water Resources Administration Act:
  "…provides that where the Minister refuses to issue a permit, or cancels a permit, the applicant for a permit, or the person whose permit was cancelled, may in writing, appeal the decision of the Minister to The Municipal Board, and the appeal shall be heard by the Board by way of trial de novo and the Board may issue or reissue the permit or dismiss the appeal."  
  - Construction, etc. within a designated reservoir area. - Section 16(6)
  - Construction, etc. within a designated flood area - Section 17(5)

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The Public Schools Act: provides for:
(i) appeals with respect to apportionment of school levies. - Section 191(1)
(ii) by-law for borrowing by municipality for deficiency for schools. - Section 212(9)

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