manitoba municipal assessment act

Upon completion of the revision process in respect of a year, the board shall report to council that the revision process for the year is completed. (e) the name of the representative of the petitioning voters if the proposal is initiated by persons who would be voters of the municipality proposed to be formed or who are voters of the municipality proposed to be dissolved. Where, under subsection 11(2) or 11(3), a right, interest or estate in land or an improvement is assessed in the name of a person other than the registered owner of the land, the assessed value of the right, interest or estate is the assessed value of the land or the improvement as if the land or improvement were held by the person as the registered owner of the land or improvement. Expenditures to be estimated in operating budget, A council must include in its operating budget for a fiscal year the estimated amount of money required for all purposes, including amounts. 2001, c. 18, s. 19; S.M. (b) a reference to a member of a council is to be read as a reference to the committee of the local urban district. The following improvements used in the operation of an airport are exempt from taxation levied by a municipality: (d) pole lines, transmission lines, light standards and unenclosed communications towers. Council may, by by-law, phase-in: If on a review The Municipal Board is not satisfied that the by-law is appropriate, the Board may, (a) refer the by-law back to the council for further consideration; or. 1996, c. 9, s. 7; S.M. Amalgamation within three months after election, Notwithstanding sections 86 and 99, where an amalgamation takes place within three months after a general election, a regulation to amalgamate municipalities may provide that, (a) the members of the council of the amalgamated municipality are to be elected at the general election prior to the amalgamation, but their terms of office do not begin until the date of the amalgamation; and. The procedure set out in the Queen's Bench Rules applies for purposes of an appeal to the Court of Queen's Bench under subsection 56(1). Content of by-laws under clause 232(1)(c), A by-law under clause 232(1)(c) (activities or things in or on private property) may contain provisions only in respect of. (h) units in pooled funds of all or any of the investments described in clauses (a) to (g). A person who provides labour, services, equipment or materials under this section and who did not cause the emergency is entitled to reasonable remuneration from the municipality. When applying to be registered as a candidate, the individual must provide, (b) the name and address of any financial institution in which accounts are to be used by or on behalf of the individual for the purpose of the election campaign, and the numbers of every such account; and. 1988-89, c.40) The Local Government Districts Act The Municipal Act The Municipal Assessment Act The Municipal Affairs Administration Act The Municipal Amalgamations Act The Municipal Board Act The Municipal Councils and School Boards Elections Act The appellant commencing an appeal under subsection 56(1) shall, in accordance with the Queen's Bench Rules and not later than 21 days after the day on which a copy of the order of the board is sent to the appellant under subsection 54(5), file appeal documents, (i) the assessment or assessable property to which the appeal relates, and, (ii) the grounds on which the appeal is based; and, (i) the parties on the application for revision from which the appeal arises, and. Unless the member sooner dies, resigns or is removed from office by resolution of the council or otherwise, a member of a board shall hold office for a term of not more than one year, commencing on the date of the resolution under subsection (1) or such other date as is specified in the resolution. (iii) a statement of the amount to be borrowed. If the councillors of the municipality are elected from wards, the council must appoint the councillor elected for the ward in which the local urban district, or most of the local urban district, is located. S.M. If a chief administrative officer gives notice to the council under clause 127(1)(f) and the council does not within a reasonable time rectify the matter, the officer must give the minister written notice of the matter as soon as is reasonably possible. The Lieutenant Governor in Council may form a municipality by regulation. Application of Division 2 to annexation regulations. S.M. Whether or not an assessor is a party appealed against in an appeal to the Municipal Board, an assessor shall attend the hearing of the appeal. The Board may, on its own initiative or at the request of the parties, attempt to assist the parties in reaching an agreement that resolves one or more of the matters at issue without holding a hearing. (h) such other matters as the Board considers appropriate. The provisions referred to in subsection (1) may deal with rights, obligations, liabilities, assets and any other thing that the Lieutenant Governor in Council considers is appropriate to be dealt with in the regulation. (b) each year levy the apportioned amount against each municipality. (« contribution Â»), "financial institution" means a bank, credit union, trust company or other similar institution. 2015, c. 5, s. 123. (i) a general description of the capital project to be funded by the borrowing. Required accounting policies and practices. A justice may issue a warrant authorizing a designated officer and any other person named in the warrant to enter land or a building or other structure and carry out an inspection, remedy, enforcement or action if the justice is satisfied by information under oath that, (a) entry to the place has been refused; or, (b) there are reasonable grounds to believe that. S.M. A by-law made under subsection (1) must include provisions respecting, (a) the issuance of preliminary derelict building orders by designated officers, including. In this section, "employee" means a person employed by. The secretary must determine the sufficiency of the petition not later than 30 days after it is filed. S.M. Content of by-laws under clause 232(1)(f), Without limiting the generality of clause 232(1)(f) (property adjacent to highways or municipal roads), a by-law passed under that clause may include provisions respecting signs, survey monuments, landscaping and setbacks, including. (c) the exercise of those powers delegated to it by the council of the municipality. Where the Lieutenant Governor in Council believes that a municipality is insolvent or is in imminent danger of insolvency and considers it to be in the best interests of the municipality, its voters and creditors that the municipality be dissolved and its affairs wound up, the Lieutenant Governor in Council may by order. A petition must be signed by not less than 30% of the persons, (a) who would be voters of the municipality proposed to be formed; or. (b) personally served on the registered owner of the derelict property and on every other person who, on the day the notice is registered, appears from the records in the land titles office to have an interest in the property. (a) must consider the application in relation to the principles, standards and criteria established under clause 7(b) on the amalgamation of municipalities or the annexation of land from municipalities; (c) may investigate, analyse and make findings of fact about the amalgamation or annexation and its potential effect on each affected municipality and local authority and on the residents and property owners of the proposed municipality or area proposed to be annexed; (d) in the case of an annexation, may consider the viability, including the financial viability, of the municipality from which the land is annexed continuing to operate as a separate entity; (f) in the case of an amalgamation, may request the minister to hold a vote or may require any one or more of the municipalities that are proposed to be amalgamated to hold a vote of the persons who would be voters of the municipality proposed to be formed; (g) in the case of an annexation, may request the minister to hold a vote or may require a municipality to hold a vote of those persons who are voters of the area of the municipality proposed to be annexed or a vote of those persons who are voters of the municipality in which the area proposed to be annexed is located; (h) may consider the results of a vote; and. S.M. Everyone has a right to be present at a meeting of a council or council committee unless the person chairing the meeting expels a person for improper conduct. (b) give written notice to the applicant of the decision taken under clause (a). A majority of the voters of a locality in a rural municipality may initiate the formation of a local urban district by submitting to the council of the municipality a sufficient petition to form a local urban district. A person elected as a member of a council must make and file with the chief administrative officer an oath of office in the form approved by the minister, and the person may not carry out a power, duty or function as a member of the council until the oath of office is filed. Share this page Submit an edit request. The following provisions apply with necessary modifications to the election of members of the committee of a local urban district who are to be elected: (c) section 91 (persons who are disqualified); (g) section 95 (disqualified person must resign); (l) section 100 (first meeting of new council); (n) section 102, except subsection (2) (vacancy after election); (p) subsections 105(1) and (3) (by-election); (q) subsections 106(2) (term of office of member elected at by-election) and (3) (oath of office). Parts 1 to 9 of this Act may be cited as "The Municipal Assessment Act" and referred to as chapter M226 of the Continuing Consolidation of the Statutes of Manitoba. Despite subsection (1), the following municipalities must hold a general election on the fourth Friday of July in the year  2006 and in each fourth year after that: (b) the Rural Municipality of Victoria Beach; S.M. Section does not apply in case of a tie or death, (a) if two or more candidates in an election cannot be declared elected because the same number of votes were cast for each; or. (a) consult with the local urban district before adopting its annual financial plan; (b) adopt by resolution the service plan as submitted by the local urban committee; (c) levy in each year against the property in the local urban district the taxes as specified in the services plan; (d) provide the services and pay the costs of the committee by expending the revenue from the taxes referred to in clause (c) in accordance with the service plan; (e) make a separate record of all money received and disbursed for the services covered by the plan; and. 2002, c. 24, s. 42; S.M. (a) is a permittee or lessee of the property and subsection 7(4) of The Crown Lands Act applies; (b) is an employee of the government and occupies the property as a residence; (c) [repealed] S.M. An elected member of the committee of a local urban district who is disqualified under The Municipal Conflict of Interest Act is eligible to be elected at the next general election in the municipality if the person is then otherwise eligible for nomination under this Act. Fourthly: all those portions of sections 22, 27 and 34 in said fractional township 11 taken for highway and shown coloured pink on a plan filed in the Winnipeg Land Titles Office as No. An appellant shall, not later than 21 days after the day on which a copy of an order is sent to the appellant under subsection 54(5), file a copy of the order and a notice of appeal with the Municipal Board. (b) consult about the proposal with local authorities and the public in a manner that substantially accords with the process for consultation set out in the proposal. The designated officer must display or produce on request identification showing that he or she is authorized to make the entry. (j) is owned and used by a corporation that is a charitable organization and to which Part XXII of The Corporations Act applies and is used solely for the purposes of a museum. Where applicable, an assessor shall, in a notice of assessment sent under subsection (6), indicate the portion of the assessed value that relates to conservation land. (b) a member gives written notice to the council, from at least one regular meeting to the next regular meeting, of a proposal to review and reverse the decision. In assessing a railway roadway, pipeline or gas distribution system, an assessor shall determine the value by applying the assessment rates prescribed under clause 6(1)(a). 2002, c. 39, s. 527 and 535; S.M. Auditor to provide minister with information. (c) is contiguous with the rest of the locality and there is no area within the boundary of the local urban district that is not part of it. The council must in its procedures by-law provide for. (b) in the case of a petition under section 57 (formation of a local urban district), clause 66(1)(a) (dissolution of a local urban district) or clause 313(c) (local improvement or special service), make a statutory declaration that to the best of the witness's knowledge the signature witnessed is that of a person eligible to sign the petition. Where the Board under subsection (3) directs that assessments be redone, the assessor shall assess the property as if the assessment were being redone prior to the time of delivery of the applicable assessment roll under subsection 9(3). Where an assessor receives notice under subsection 44(1), the assessor shall attend the hearing of the application to which the notice relates. In deciding whether to recommend a formation or dissolution application, The Municipal Board. Where an amendment under subsection (1) alters the assessed value of property that includes conservation land, the assessor shall, in a notice of the amendment sent under subsection (6), indicate the portion of the assessed value that relates to conservation land. 1999, c. 28, s. 8; S.M. 2005, c. 27, s. 158. The Gas Pipe Line Act The Gas Allocation Act The Greater Winnipeg Gas Distribution Act (S.M. (a) borrowing to refinance, redeem or restructure existing debt. 2018, c. 6, s. 43. (a) preparing and adopting a service plan for the local urban district; (b) submitting the service plan to the council before it adopts its operating and capital budgets; and. (b) fix the remuneration of the members of the local committee, to be paid from the funds of the municipality. (iv) the second anniversary date of commencement of the construction or substantial renovation, (j) in respect of a geothermal heating system used to heat a building on property that is within the classes of property prescribed under clause 6(1)(b) as "Residential 1", the portion of the system that lies below the surface outside the building; (« biens imposables Â»), "assessed value" means the value that is determined by an assessment under Part 5 or as revised on an application or an appeal under Part 8 and does not include a portioned value based on a percentage of value under subsection 17(14); (« valeur déterminée Â»), "assessment roll" means a document that records assessments that are made in respect of properties described in the document and includes a real property assessment roll, a personal property assessment roll and a business assessment roll; (« rôle d'évaluation Â»). The liability under this section may be enforced by action by the municipality or by a voter of the municipality. Before adopting its service plan, the local urban committee must consult with the council. A registered candidate shall not solicit or accept a loan for the purposes of an election, except from a financial institution. Where all parties agree to a revised assessment, the Municipal Board may change the assessment or classification of the subject property, as agreed by the parties, and direct a revision of the roll without hearing an appeal. 2015, c. 11, s. 54; S.M. 2005, c. 27, s. 158; S.M. For each year following 1990, the assessor shall, on or before December 31st of the preceding year, prepare and deliver assessment rolls to the respective municipalities. (a) the manner in which the dwellings or buildings must be secured by owners or, on default, may be secured by the municipality; (b) inspections by the municipality of the condition of the dwellings or buildings, including their interior condition; and. Statutes and Regulations Act does not apply. The Lieutenant Governor in Council may make regulations authorizing a council, by by-law, to, (a) vary a percentage described under clause (1)(c) by an amount, or within a range, fixed in the regulation; and. S.M. To be approved, the number of members who must affirm a resolution to sanction a member is the majority of all members of council, plus one. (a) a proponent indicates in the report that he or she does not wish to proceed with the formation of the municipality; and. (d) authorized by the council under this section. S.M. (« travaux de la municipalité Â»), Council may set compensation and expenses. (a) to appear before the board that is scheduled to hear the application; (c) to produce such documents and things as relate to the matters at issue in the application. (a) services of an employee provided by an employer; (b) goods produced or donated voluntarily by a contributor who is a commercial supplier of the goods; and. 2013, c. 39, Sch. S.M. If a council fails to appoint an auditor in accordance with subsection (1), the minister may make the appointment. An application under subsection (1) must be made in writing and must. to report when training is not completed. (b) any application for title commenced under section 247.8. (c) to produce such documents and things as relate to such matters as are specified in the order. Subject to sections 25 and 26, real property is exempt from taxation levied by a municipality, other than for local improvements, where the real property. A council of a municipality that is formed as a result of the amalgamation of two or more municipalities (in this subsection called the "old municipalities") may, by by-law, require that a reserve fund established by an old municipality be used only in relation to expenditures that primarily benefit the area of the old municipality. (ii) at least 25 persons who would be voters if the municipality were formed or who are voters of the municipality proposed to be dissolved. If the tax revenue under the service plan is not sufficient to provide the services in accordance with the service plan, the council, (a) must notify the committee and meet with it to discuss the matter; and, (b) may, if the committee agrees, do one or more of the following, (i) cease to provide a type of service or reduce the level of a type of service, or. A regulation to amalgamate municipalities may. A petition must be filed with the secretary of The Municipal Board. (b) establish principles, standards or criteria to be taken into account in considering the formation, dissolution, change of name or amalgamation of municipalities or the annexation of land from municipalities under this Division. The petition may be re-filed, with or without changes, with the chief administrative officer within 30 days after the notice is given, and sections 154 and 155 apply to the re-filed petition. Requirements prior to passing by-law under clause 232(1)(n.1), A council may pass a by-law under clause 232(1)(n.1) only after it has, (a) adopted a development plan under The Planning Act that includes objectives and policies respecting the preservation, protection or enhancement of buildings by reason of their historical significance; and. A council may authorize an expenditure for an amount not provided for in an operating budget or capital budget, and may fund the expenditure, (a) subject to subsection 164(5), by transfer from the municipality's accumulated surplus or its reserve funds; or. (l) is a telecommunications system intended for or used in a cable distribution undertaking or a telecommunications carrier, including cables, poles, amplifiers, antennae and drop lines, installations, materials, devices, fittings, apparatus, appliances, machinery and equipment. (c) any income or expense related to the use or operation of the property. Notice of an order made by the Lieutenant Governor in Council under subsection (1) must be published in The Manitoba Gazette. For the 2018 reassessment, the “reference date” for the market value of a property was April 1, 2016. Election as member of council or committee of L.U.D. A, s. 120. A council may by by-law change the number of councillors. GENERAL PROVISIONS RELATING TO REGULATIONS. Election day for the election must be as soon as reasonably practicable, but in fixing the day the senior election official must consider. (« bien abandonné Â»), "registered owner" has the same meaning as in The Municipal Assessment Act. This Division does not apply to land within the boundaries of The City of Winnipeg, but for the purposes of this Division The City of Winnipeg is deemed to be a municipality in relation to land outside the boundaries of The City of Winnipeg to the following extent: (a) the council of The City of Winnipeg may initiate a proposal and make application under this Division to annex land outside the boundaries of The City of Winnipeg and annexation regulations may be made in relation to the proposal and application; (b) The City of Winnipeg is entitled to receive notice of a proposal that affects it and to participate in proceedings arising from the proposal; (c) regulations annexing land from a municipality to The City of Winnipeg may be made under section 48. If an equal number of members vote for and against a resolution or by-law, the resolution or by-law is defeated. This section does not apply to a proposal to form a municipality made by the council of the municipality in which all the land to be included in the proposed municipality is located. Where a portion of land is used for a purpose for which an exemption from taxation is available under section 22 or 23, the exemption applies to a portion of the taxation that applies to the land, in a proportion that reflects the portion of the land that is required for the exempted use of the portion of the land. Council to hold public hearing on financial plan. Every person who contravenes or fails to comply with any of sections 93.4, 93.6, 93.8 to 93.12 or 93.15, or the by-law passed under section 93.2, is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000. (b) to a councillor's seat becoming vacant is to be read as revocation of the membership of the member on the council committee. THE MUNICIPAL ASSESSMENT AMENDMENT, CITY OF WINNIPEG AMENDMENT AND ASSESSMENT VALIDATION ACT (Assented to October 22, 1996) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: PART 1. A board appointed under subsection 35(1) shall sit to hear applications for revision under section 42. 2012, c. 40, s. 31; S.M. (f) a statement as to whether the proponent intends to proceed with the proposal at all or as initiated or in an amended form. Member may discuss confidential matter with C.A.O. Reassessment as of before delivery of rolls. Land in unorganized territory is deemed to be in a municipality for the purpose of a proposal, application or regulation under this Division for, (a) the formation of a municipality from unorganized territory; or. (b) where the petition is not sufficient and is re-filed, within 30 days after the day the petition is re-filed. 2000, c. 30, s. 3; S.M. An appeal to the Court of Queen's Bench or to the Municipal Board is a new hearing on the matters that were put at issue before the board. Text to be available before third reading. Subsection (1) does not apply to a right, interest or estate of an occupier of Crown land, where the occupier. (b) are open to inspection by a member of the general public during the regular business hours of the office of the municipal administrator. When a regulation or direction under this Division requires the ownership of land or other property to be transferred to a municipality, the minister may do whatever is necessary to give effect to subsection 50(1) or a direction under clause 50(4)(c). (ii) Keystone Agricultural and Recreational Centre Incorporated, (i) is a new building or a new addition to an existing building, or. 1112 of the Rural Municipality of Rhineland, S.M. The new regulation under the provincial Municipal Assessment Act pushes the start-date for next cycle to 2023, to be based on property values as of … LOCAL URBAN DISTRICTS: FORMATION, FUNDAMENTAL CHANGES AND DISSOLUTION. The Lieutenant Governor in Council may, on the request of the council of a municipality and on the recommendation of the minister, change the name of the municipality by amending the regulation forming the municipality. 2008, c. 34, s. 4; S.M. Taxes are all based on assessment, in Manitoba, property is assessed at market value in accordance with The Municipal Assessment Act. The Manitoba Education Property Tax Credit has increased to $400 since 1999. In addition to performing the duties of a member of a council, the head of council has a duty. If the council takes no action or the action that is taken or proposed is not satisfactory to the minister, the minister may take action that, in his or her opinion, best protects the interests of the municipality, and the municipality must pay any cost incurred in taking the action. Manner of witnessing signature on a petition, Each signature on the petition must be witnessed by an adult person who must, (a) sign opposite the signature of the petitioner; and. Of fee the assessed value of religious worship the judge hearing the application other matters as necessary... Municipal business ; and been given notice of a building, fixture or under! S. 31 ; S.M that receives a petition or request to dissolve municipality! 12 ; S.M applications are approved or by 10 or more days before the scheduled date... Contributions established in subsection 93.6 ( 3 ), the assessor shall classify property... Not collectible 193 ; S.M in force until it is in Winnipeg 59 S.M... 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