Acts and Regulations
Overview
The Municipal Act sets out the general
provisions respecting the Board's operations. Access
the document below.
Other Provincial Statutes give the Board jurisdiction
to make decisions or recommendations about various
matters. These are:
| 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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