While the current Public Utilities Board Act was passed in 1959 the Board has regulated services under other legislation since 1913. The Manitoba Public Utilities Board (the Board) is an independent quasi-judicial administrative tribunal operating under the authority of the Manitoba Legislature. 20 (2) The Municipal Board is not required to hold a hearing unless an objection is filed by the date specified in the notice by a person referred to in subclause (1) (b) (i) or at least the number of persons referred to in subclause (1) (b) (ii). Chairman 26(1)The Lieutenant Governor in Council shall appoint one member to … This is the first quarry applicant to make use of the appeal. The Municipal Board may increase the amount of the assessed value of the subject property to an amount equal to or greater than what it was before the board order was made under subsection 54(1), but only if the assessor (a) filed a notice of appeal under subsection 57(2) that put the assessed value at issue; or 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. 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. Subject to the approval of the Lieutenant Governor in Council, the board may prescribe a tariff of the fees which shall be paid to the board by local authorities, and persons who are parties to, or interested in, matters coming before the board in respect of which no fee is otherwise prescribed. In this Part "compromise" means an adjustment or settlement of taxes, due and unpaid, whereby the taxpayer is authorized to pay, and the local authority to accept, a lesser amount thereof than is shown in the books of the local authority in respect of lands purchased by it at its own tax sale. (a) keep a record of all proceedings conducted before the board; (b) have the custody and care of all records and documents of the board; (c) have every order and rule of practice of the board drawn pursuant to the direction of the board, signed by the chairman, sealed with the seal of the board, and properly filed in its office; (d) obey all rules of practice and directions that may be made or given by the board touching his duties or office. The government shall provide the board with suitable quarters, furniture, and facilities for the holding of its sittings and the transaction of its business generally. Here's what you can expect - and how you Use of court house for sittings of the board. [20] Manitoba municipalities already had the power to regulate livery and taxicab businesses by by-law under s. 23 of the HTA. Other remedies with respect to violation of Municipal Act by-laws are described below. Where the board makes an order under subsection (1), the notice shall, in all respects other than as regards the person or body by whom or by which the notice is given, be in compliance with the requirements of the Act authorizing or requiring the notice to be given; but the board may impose such additional conditions or requirements with respect thereto as it deems fit. 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. (d) such other matters as the Lieutenant Governor in Council directs. The act sets out the general provisions respecting the board’s operations. The chairman shall devote the whole of his time to his duties under this Act; and he has the supervision of the staff of the board. 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. A recent amendment to The Election Financing Act reduces the reimbursement paid to candidates and parties from 50% to 25%. The International Education Act C.C.S.M. Department/Crown: Municipal Relations. Planning an appeal? (ii) the declaration or agreement registered under section 76.2 of The Real Property Act in respect of the development scheme. 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. Substantial compliance with Act only required. 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. Inspection and Technical Services will also accept cheque and money order payable to Minister of Finance Manitoba at: 508-401 York Avenue, Winnipeg Manitoba, R3C 0P8. 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. Welcome to The Manitoba Municipal Board Web site. The board has all the powers of a court of record, and shall have a seal bearing the words "The Municipal Board of Manitoba" of which seal courts shall take judicial notice. The new board has 21 members including a chair, vice-chair and part-time members. The LVFH Act repealed this section but maintained the municipal power to regulate the VFH industry by way of a by-law passed under The Municipal Act, C.C.S.M. 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. (a) in the case of a local authority, to the reeve, or mayor, or clerk, or secretary, of the local authority; (b) in the case of a company or corporation, to the president, vice-president, manager or secretary, or to some adult employee at the head office or chief place of business of the company or corporation in Manitoba; (c) in the case of a firm or partnership, to any member thereof, or, at the last known place of abode of any such member, to any adult member of his household, or at the office, or place of business of the firm to a clerk employed therein; and. Sections 71 to 88 and Part III do not apply to The City of Winnipeg, or to The Winnipeg School Division No. The Manitoba Municipal Board is the Governing Body that over sees the administration of the Manitoba Muncipality’s. The Manitoba Water Services Board Act, C.C.S.M. Where a supervisor has been appointed to a municipality under this or any other Act of the Legislature. An eligible representative may be an elected municipal official or a municipal administrator, at the member municipality’s discretion. Where the holders of 51% of the amount 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) file with the board their consent in writing to the making of the order, a note thereof shall be endorsed on the order and the order submitted to the Lieutenant Governor in Council for approval. The provisions of statutes relating to local authorities are, except in so far as inconsistent herewith, applicable in carrying out the foregoing provisions of this Part. Its primary authority is granted by The Municipal Board Act and additional authority is granted through several other Acts of the Manitoba legislature such as The Municipal Act, The Planning Act and The Real Property Act. Where a local authority deems that the interests of the public in the territory over which the local authority exercises power, or in a considerable part thereof, are sufficiently concerned, it may, when authorized by resolution, become a complainant or intervenant in any matter within the jurisdiction of the board; and, for that purpose, the local authority may take any steps, and incur any expense, and take any proceedings, necessary to submit the question in dispute to the decision of the board, and if necessary may become a party to an appeal therefrom. 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. Where, owing to the operation of an order of the board cancelling, amending, or altering, a plan of subdivision, the ownership of any highways, roads, streets, or lanes would vest in a mortgagor, the board may direct that the highways, roads, streets, or lanes shall be included in any mortgage or other security previously given to any mortgagee of lands adjoining the roads, streets, or lanes. (9) “Municipality” means the municipal corporation known as The City of Brandon. While the current Public Utilities Board Act was passed in 1959 the Board has regulated services under other legislation since 1913. The act sets out the general provisions respecting the board’s operations. Neither the members, nor the secretary of the board, nor any employee under the board, are or is personally liable for anything done by them or by it or by him under the authority of this or any other Act of the Legislature. The Gas Pipe Line Act The Gas Allocation Act The Greater Winnipeg Gas Distribution Act (S.M. 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. Where any work, act, matter, or thing, by any order, regulation, or decision of the board is required to be done, performed, or completed within a specified time, the board may, if the circumstances appear so to require, upon such notice as it deems reasonable, or, in its discretion, without notice, extends the time so specified. The Manitoba Municipal Board is a quasi-judicial tribunal established under The Municipal Board Act. 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. The board, except as herein otherwise provided, as respects the attendance and examination of witnesses, the amendment of proceedings, the production and inspection of documents, the enforcement of its orders, the payment of costs, and all other matters necessary or proper for the due exercise of its powers, or otherwise for carrying any of its powers into effect, has all such powers, rights, and privileges as are vested in the Court of Queen's Bench or a judge thereof. All hearings and investigations conducted by the board shall be governed by rules adopted by the board. S.M. In the case of a police board, a policy statement speaks to a determined position on an important issue to inform or direct the management of a police service in the municipality. Every order, regulation, decision, direction, licence, certificate or other document purporting to be signed by the chairman or by a member of the board, and countersigned by the secretary of the board, shall, without further evidence of the signatures, be received in evidence as prima facie proof of its execution and issue by the board, and is sufficient notice of the contents thereof to a corporation, local authority, and all parties interested, if served in the manner hereinbefore provided for the giving of notice, and that it was duly signed and issued by the board. Workers Compensation Board of Manitoba Policies. 1993, c. 48, s. 78; S.M. The department of Indigenous and Municipal Relations was created on May 3, 2016 by the newly-elected government led by Brian Pallister. The Act requires municipal governments to seek Board approval for any rates or adjustment to the rates charged by municipal water and wastewater utilities. Manitoba’s municipalities are calling for the province to stop undermining their authority. 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. 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. (b) any other person authorized for the purpose by order of the board. The LVFH Act repealed this section but maintained the municipal power to regulate the VFH industry by way of a by-law passed under The Municipal Act, C.C.S.M. The act sets out the general provisions respecting the board’s operations. The Manitoba Water Services Board enters into agreements with municipalities and/or water co-operatives to deliver sustainable water and wastewater infrastructure that enhances economic development while improving public health and environmental concerns. The board may appoint or direct any person to make an inquiry and report upon any application, complaint, or dispute pending before the board, or any matter or thing over which it has jurisdiction under this Act or any other Act of the Legislature; and it may order and direct by whom and in what proportion the costs and expenses incurred in making the inquiry and report shall be paid, and may fix the amount of the costs and expenses. (b) he is deceased and there is no legal personal representative in the province of his estate; the board may, by order, direct that the service be made upon the Public Guardian and Trustee; and such service shall be conclusively deemed to be equivalent to service in the manner provided in section 37. Local authority to await disposal of application. 2013, c. 39, Sch. (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. (9) “Municipality” means the municipal corporation known as The City of Brandon. 1991-92, c. 15, s. 24; S.M. The board is not bound by the technical rules of legal evidence. 2013, c. 46, s. 46; S.M. Where default is made by any person, local authority, or corporation in the doing of any act, matter, or thing, that the board has authority, under this or any other Act of the Legislature to direct, and has directed, to be done, the board may authorize such person as it sees fit to do the act, matter or thing. The act sets out the general provisions respecting the board’s operations. HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions. 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. 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. can properly prepare. (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. Before commencing an inquiry the board shall give notice in writing stating the time and place when and where the inquiry will commence. Debentures and other securities issued by a local authority, upon authorization of the board, shall contain, in addition to other particulars required by law, a note or memorandum attesting the authorization, which shall be under the seal of the board and shall be signed by. Upon filing with the board under subsection (1) an application to which subsection (3) applies, the applicant shall file therewith a certified copy of the resolution of the council of The City of Winnipeg approving the application. 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. 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. Nothing in this section gives to any corporation immunity of any kind. Every order made by the board shall be served upon the person affected thereby within 10 days from the time the order is signed, or within such longer time as the board may direct. 2000, c. 35, s. 60; S.M. 2018, c. 28, s. 16. Where an order or decision made under subsection (1) affects a person entitled to notice who was not sufficiently notified, he may, within 10 days after becoming aware of the order or decision or within such further time as the board may allow, apply to the board to vary, amend or rescind the order or decision; and the board shall thereupon, on such notice to others interested as it may think desirable, hear the application, and either amend, alter, or rescind the order or decision or dismiss the application. An application under section 61 shall be addressed to the secretary of the board, and shall be accompanied by a certified copy of the by-law and such other documents or information as the board may require. 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