manitoba municipal assessment act

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. (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. By-law applying after next general election. 2020reassessment; Community Development. (d) holds a right, interest or estate in the centennial centre, except for purposes of a business tax under Part 7. Despite clause (3)(b), a person who holds a registered interest listed in subsection 45(5) of The Real Property Act is not required to be served with a copy of the second notice. 1998, c. 33, s. 6; S.M. A person in whose name property has been assessed, a mortgagee in possession of property under subsection 114(1) of The Real Property Act, an occupier of premises who is required under the terms of a lease to pay the taxes on the property, the authorized agent of the person, mortgagee or occupier, or the assessor may make application for the revision of an assessment roll with respect to the following matters: (d) a refusal by an assessor to amend the assessment roll under subsection 13(2). Where real property is owned by a railway company and is assessable property and it is held by a person under a lease, permit or licence, an assessor shall assess the real property in the name of the person. Despite clause (1)(b), a board or panel shall not change an assessment with respect to any matter that was not put at issue by, (a) an application made under subsection 42(1); or. S.M. (e) adjourning a hearing from time to time. A member who waives the right to be given notice of a special meeting is deemed to have been given notice of the meeting. Subject to section 49, where, under subsection 47(4), a person is served with a subpoena, summons or order and the person without just excuse fails to attend at the time and place specified in the subpoena, summons or order or, although in attendance, refuses to testify or produce documents as required under the subpoena, summons or order, the person is guilty of an offence and is liable to a fine of not more than $100. When a council determines during a fiscal year that expenditures are likely to exceed the revenue and transfers provided for in its budget, the council must immediately advise the minister in writing and may incur a deficiency with the minister's written approval, which may include any condition the minister considers necessary or advisable. The municipality must without delay, after the report is tabled, give public notice that the report and the municipality's financial statements are available for inspection by any person at the municipal office during regular business hours. Appointed, elected person to file oath of office. (a) give a copy of its report to the proponent and any person to whom the proponent is required to give a copy of the proposal under section 13; (b) notify every affected municipality that it must make a copy of the report available for inspection at the municipal office on request; and. The council shall appoint a person to act as secretary of a board appointed under subsection (1). The petition may be re-filed, with or without changes, with the secretary within 30 days after notice is given under subsection (9), and subsections (2) to (8) apply to the re-filed petition. If a council passes a by-law under subsection (1), the candidate must include the name and address of the candidate's auditor in the candidate's application to be registered under section 93.3. 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. 1996, c. 9, s. 6; S.M. "party" means, in respect of an application for revision under subsection 42(1), (a) the person whose property is the subject of the application, or the authorized agent of the person, or. (b) the portion of the property's assessed value that is its incremental assessed value. The first meeting of an incoming council after a general election must be held within 30 days after the day of the election. S.M. Where the registered owner of Farm Property requests determination of a Farm Property assessed value under subsection (2), the subject municipality shall not issue a tax certificate in respect of the property without stating on the certificate that the property is subject to subsection (5). 1989-90, c. 73, may make a contribution to a registered candidate in an election in the City of Flin Flon. Failure of other registered candidates to file. Subsection (1) does not apply to a right, interest or estate of an occupier of Crown land, where the occupier. S.M. Referral of petition or request to L.G. (b) gave notice under subsection 43(3) of his or her intention to seek an increase in the assessed value. in accordance with the rules of the Court of Appeal. A bank, credit union, caisse populaire or trust corporation must, on the written request of the minister or the auditor, provide in writing any information in its possession or control relating to the financial affairs of the municipality. 2000, c. 35, s. 59. If in any year the taxes collected by a municipality under a service plan exceed its actual cost of providing the services, the municipality must, (a) place the excess in a fund that may be used only for the benefit of the properties in the local urban district in respect of which the taxes were imposed; or. When a council determines during a fiscal year that expenditures of a utility are likely to exceed the revenue and transfers provided for in the utility budget, the council must immediately advise The Public Utilities Board in writing and may incur a deficiency with the Board's written approval, which may include any condition the Board considers necessary or advisable. A council may by by-law establish a program that entitles a candidate to reimbursement of a portion of his or her campaign expenses. (c) comply with the requirements of a regulation made under subsection (7). (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. 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. If an application by a person other than the assessor puts at issue the assessed value of a property, and the assessor wishes to request the board to increase the assessed value, instead of filing an application under subsection 42(1), the assessor must, at least 10 days before the hearing of the application, (a) file with the board a written notice of his or her intention to seek an increase; and. (b) 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. If real property is held by Winnipeg Airports Authority Inc. under a lease, permit or licence from the Government of Canada, and a person holds any of the property under a lease with, or permit or licence from, the Authority, an assessor shall assess that property in the name of the person. (b) the Board is not satisfied that there is general agreement with the application by persons to whom the proponent is required to give a copy of the proposal under section 13. 2002, c. 39, s. 527. (iii) a change in the ownership of the Farm Property or a seizure by a sheriff, bailiff or landlord does not defeat the lien; (b) the municipal administrator of the subject municipality shall add the amount of taxes to the taxes shown on the tax roll to be charged and levied against the Farm Property; and. A by-law under subsection (1) may, without limiting the generality of that subsection. (a) for developing and evaluating the policies and programs of the municipality; (b) for ensuring that the powers, duties and functions of the municipality are appropriately carried out; and. A council may not give a proposed by-law more than two readings at the same council meeting. The council committee may approve a proposed condominium conversion if it is satisfied that the conversion, (i) significantly reduce the availability of rental units in the area, or, (ii) create significant hardship for any of the occupants of the land that is the subject of the proposed condominium conversion; and. Despite sections 243, 245 and 246, in an emergency a municipality may take whatever actions or measures are necessary to eliminate the emergency. If a council fails to appoint an auditor in accordance with subsection (1), the minister may make the appointment. 1996, c. 9, s. 11; S.M. (a) borrowing to refinance, redeem or restructure existing debt. The following definitions apply in this section and in sections 93.2 to 93.18. Upon delivery of assessment rolls to a municipality, the rolls, (a) become the assessment rolls of the municipality for purposes of preparing the municipal tax rolls of the municipality; and. A council that is expressly required or authorized under a by-law or this or any other Act to do something by by-law may do it only by by-law. Where an improvement is located on real property to which subsection (4) or (4.1) applies, an assessor shall assess the improvement and the real property together in the name of the person who holds the real property under lease, permit or licence. 1992, c. 13, s. 4; S.M. Reassessment as of before delivery of rolls. c. M226) Despite any provision of this Act or The City of Winnipeg Charter, the Lieutenant Governor in Council may by regulation annex land from The City of Winnipeg to a municipality if the minister believes that. Regulations by Lieutenant Governor in Council, The Lieutenant Governor in Council may make regulations. The Provincial Municipal Assessor may appoint persons as assessors and may authorize such persons to act on behalf of the Provincial Municipal Assessor for purposes of this Act. C.A.O. (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. Proposed by-law to be given three readings. Notice, revision and appeal re corrections. Where the minister certifies assessments or assessment rolls under subsection (1), the assessments and assessment rolls have the same force and effect as if validated and confirmed by an Act of the Legislature. (a) the new municipality becomes the successor of the old municipality respecting that land and the old municipality ceases to have any jurisdiction respecting that land; (b) the assets, liabilities, rights and obligations of the old municipality that relate to that land pass to the new municipality and cease to be those of the old municipality; (c) if at the time when the proposal is initiated under section 10 (formation or dissolution) or 34 (amalgamation or annexation) or after the proposal but before a regulation in relation to it is made, any land or any portion of it is designated or required to be provided as a public reserve under The Planning Act, the ownership of the land becomes vested in the new municipality in place of the old municipality; and. (v) The Salvation Army William and Catherine Booth University College; for religious, educational or training purposes; (j.1) is owned or used by, or is held for use by, the corporation established by The Mennonite College Federation Act for religious, educational or training purposes; (k) is used primarily as a non-profit day care centre licenced under The Community Child Care Standards Act; (l) is exempt from school taxes under subsection 23(1) and is exempted by by-law of the municipality from taxation for municipal purposes; (m) is owned by the Rural Municipality of Langford, the Rural Municipality of Rosedale and the Town of Neepawa, and is described as lots 8 to 13 and 21 to 25, Block 100, Plan 256 in the Town of Neepawa; (n) is owned by the Dauphin Veterans' Association, used and occupied by the Association and other organizations comprising members or ex-members of Her Majesty's Forces, and is located in lot 8, block 11, plan 243 in the Town of Dauphin; (o) is owned by the Government of Canada and leased to an incorporated non-profit harbour authority for use as a fishing harbour, including water lots and wharves used for the operation of the fishing harbour, but excluding real property used for processing or manufacturing, or for any other commercial purpose; (p) is used as a public multi-purpose recreational trail and is owned by, (i) the Manitoba Recreational Trails Association Inc. or a corporation it controls, or. (c) notify each person who filed an objection to, or who in writing indicated support for, the application that a copy of the report is available for inspection on request at the municipal office of every affected municipality. (a) to the formation of a municipality by amalgamation; or. (a) a statement that the proposal is for the amalgamation of two or more municipalities or for the annexation by a municipality of land from another municipality; (b) the names of the municipalities proposed to be amalgamated or a description of the area of land to be annexed and the municipality in which it is located; (d) the name of each municipality and local authority that could be affected by the proposed amalgamation or annexation; (e) if a local urban district is proposed to be formed in connection with an amalgamation, a description of the area of the proposed local urban district; and, (f) a description of a process for consulting about the proposal with, (i) local authorities that could be affected by the proposed amalgamation or annexation, and, Without delay after the proposal is filed with The Municipal Board and copies of the proposal are given under section 36, the proponent must. If an agreement under this section affects a property in a municipality other than The City of Winnipeg, the Provincial Municipal Assessor must send a copy of the agreement to the municipality. The head of council must table the auditor's report at the first regular meeting of the council after receiving the report. An application for a declaration under this section may be made by the council or by 10 or more voters. If no formation or dissolution regulation is to be made in relation to a report of The Municipal Board, the minister must notify, (a) the proponent and every affected municipality and local authority; and. THE MUNICIPAL ASSESSMENT ACT C.C.S.M. A chief administrative officer may delegate to a designated officer or other employee of the municipality a power, duty or function given to the chief administrative officer under a by-law or this or any other Act, unless the by-law or Act prohibits the delegation. (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. (b) give notice under subsection (3) of his or her intention to request an increase. (c) the exercise of those powers delegated to it by the council of the municipality. The receiver must apply all money received by him or her in payment of the liabilities of the municipality as far as circumstances permit, in the following order of priority: (a) costs and expenses incidental to the receivership, including expenses of the receiver; (b) salaries owing to employees of the municipality; (c) amounts owing by the municipality to the Crown and to the several school districts or school divisions for which the municipality collects taxes; (d) other just debts of the municipality, rateably and without preference or priority. This Act governs the assessment of municipal taxation of property and provides exemptions for properties that are used for multi-use trails and are owned by the Manitoba Recreational Trails Association Inc. or non-profit organizations and sports or recreational facilities in university land that is leased to the crown, a municipality, or a person (or any […] A person, other than the minister, who initiates a proposal to form or dissolve a municipality may not initiate another proposal with respect to substantially the same land for a period of one year, (a) from the date a regulation is made in relation to the proposal; or. 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. Yes. A special meeting must not be held in the absence of a member unless the member has been given notice of the meeting in accordance with the procedures by-law. (b) any application for title commenced under section 247.8. CHIEF ADMINISTRATIVE OFFICER, DESIGNATED OFFICERS AND CODE OF CONDUCT FOR EMPLOYEES. 2005, c. 27, s. 158; S.M. LOCAL URBAN DISTRICTS: FORMATION, FUNDAMENTAL CHANGES AND DISSOLUTION. S.M. S.M. (e) state the number of members of the council. 1990-91, c. 4, s. 3; S.M. (b) where the petition is not sufficient and is re-filed, within 30 days after the day the petition is re-filed. No public hearing if specific purpose reserve is used. (ii) any terms, conditions and other things the Board considers necessary or desirable to implement the formation. Where a supervisor is appointed by the minister under subsection (1), the municipality must submit to the supervisor for approval, particulars of the following matters which constitute the program of the municipality: (b) proposed taxation of the municipality; (c) any other matter affecting the administration of the affairs of the municipality. What Laws Govern Property Assessment? No change by Board if fair and just relation. (a) specify the taxes against which there may be a credit; (b) provide for the amount, or the means of determining the amount, of the credit or rebate of contribution; (c) establish a maximum credit for contributions, or a maximum rebate of contributions, made by a contributor to all candidates in an election; (d) impose terms and conditions on the entitlement to the credit or rebate; and. A resignation at the same time texte figurant ci-dessous constitue la codification la plus récente en date du 2019-05-25 offences... To Winnipeg and to land in unorganized territory fee payable under the Municipal Act... The person is eligible to be disqualified under this section prevents a municipality not. Other directions as the minister must refer a petition is sufficient if is. Are used in the name of the municipality and every local authority that could affected. 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