South Indian Lake Community Incorporation Regulation

South Indian Lake Community Incorporation Regulation, M.R. 51/99 The Northern Affairs Act , C.C.S.M. c. N100 Regulation 51/99 Registered March 12, 1999 bilingual version (HTML) Table of Contents Section GENERAL 1 Definitions 2 Incorporation 3 Boundaries 4 Fiscal year COUNCIL, ELECTIONS AND CONFLICT OF INTEREST 5 Council 6 Mayor 7 Election schedule 8 By-law re remuneration of members 9 The Municipal Conflict of Interest Act APPLICATION OF OTHER ACTS 10 Application of other Acts generally 11 The Buildings And Mobile Homes Act 12 The Municipal Act (1988) TRANSITIONAL RE EXISTING COUNCIL BY-LAWS 13 Continuation of existing by-laws COMING INTO FORCE 14 Coming into force GENERAL Definitions 1 In this regulation, "Act" means The Northern Affairs Act ; («  Loi  ») "community" means the Incorporated Community of South Indian Lake; (« communauté ») "council" means the incorporated community council of the Incorporated Community of South Indian Lake; (« conseil ») "member" means a member of the council, and includes the mayor. (« membre ») Incorporation and name of community 2 The community of South Indian Lake is hereby incorporated, to be known as the Incorporated Community of South Indian Lake. Boundaries of community 3 The boundaries of the community are as follows: all that portion of unsurveyed Townships 89 and 90, Range 10 West of the Principal Meridian in Manitoba contained within the limits shown bordered hatched on a plan filed in the Office of the Director of Surveys at Winnipeg as Number 18606. Fiscal year is April 1 to March 31 4 The fiscal year of the community is as set out in subsection 89(1) of the Act. COUNCIL, ELECTIONS AND CONFLICT OF INTEREST Council 5(1) The council shall consist of seven members, including the mayor, and is to be known as the South Indian Lake Incorporated Community Council. Continuation of members after incorporation 5(2) A member of the community council of South Indian Lake on the day before this regulation comes into force is continued as a member of the council until replaced or re-elected. Election of mayor 6 The mayor shall be elected by the electors of the community. Election schedule 7 The election schedule for the community, previously set out in the Community Designation, Boundaries and Elections Schedule Regulation , is continued as follows: (a) three members to be elected in 2000 and every three years after that; (b) four members, including the mayor, to be elected in 2001 and every three years after that. By-law re remuneration to members 8 For the purpose of section 38 (remuneration) of the Act, the council must pass a by-law in respect of any indemnity, expense or other remuneration to be made to a member, and the rates or amounts fixed in the by-law in respect of expenses shall not exceed twice the rates or amounts referred to in subsection 38(9) of the Act. Application of The Municipal Council Conflict of Interest Act 9 The Municipal Council Conflict of Interest Act applies with necessary modifications to members of the incorporated council, but in case of a conflict between that Act and the Northern Manitoba Elections Regulation , the Regulation prevails. APPLICATION OF OTHER ACTS Application of other Acts generally 10 For greater certainty, the community is subject to an Act other than The Northern Affairs Act only where the other Act is made applicable by (a) The Northern Affairs Act ; (b) this regulation; or (c) a specific reference to incorporated communities in the other Act. Application of The Buildings and Mobile Homes Act 11 The community is deemed to be a municipality for the purpose of The Buildings and Mobile Homes Act . Application of certain provisions of The Municipal Act (1988) 12(1) Pursuant to subsections 80(1) and (3) of The Northern Affairs Act , the following provisions of The Municipal Act, R.S.M. 1988, c. M225, are hereby made applicable to the community, its council, officers, employees and individuals: (a) in Part V (municipal services), Division I (transportation): Subdivisions I to VII (highways), XIII (ferries), XIV (wharves and docks), and XVI (public transportation system), except (i) in Subdivision II, subsection 212(2) (title to highways), (ii) in Subdivision VII, clauses 245(1)⁠(c) to (e) (by-law re charges, removal of snow, vacant property), (h) (suppression of dust) and (p) (boulevards), and subsections 245(2) (surfacing boulevards) and (4) to (6) (booths on sidewalks, boulevard maintenance, cost of removals); (b) in Part V (municipal services), Division II (drainage of land): Subdivisions I (drainage generally), II (drains for individuals), IV (maintenance of drains), and V (limitations of actions); (c) in Part V (municipal services), Division III (protection of persons and property): section 287 (by-law) and Subdivisions II (fire protection), V (firearms and fireworks) and VI (vehicles, race tracks, parking, etc.), except subsection 299.1(3) (parking by-law for physically disabled persons); (d) in Part V (municipal services), Division IV (buildings, zoning, excavations): Subdivisions II to VIII (planning and zoning, reclaiming land, buildings, signs and billboards, open wells and excavations, vacant land, topsoil, by-law for curfew for children); (e) in Part V (municipal services), Division V (health and sanitation): Subdivisions I to III (by-law, food, milk), V to VII (ambulances, drowning accidents, cemeteries), IX (sanitation) and XI (sewers and plumbing), except subsection 345(3) (cost of enforcing by-law on sanitation); (f) in Part V (municipal services), Division VI (animals, birds and plants): Subdivisions I to IV (veterinarian, diseases, dogs), except sections 360 and 361 (compulsory treatment, by-law on compensation) and subsection 363(2) (application of by-law for control of dogs); (g) in Part V (municipal services), Division VII (miscellaneous): (i) Subdivision II (rest rooms), except clause 368(b) (appointment of managing committee), (ii) Subdivisions VII (afforestation), VIII (franchises) and IX (grants of money), except subsection 380(2) (levy to pay grants) and section 381 (grants re Department of Agriculture), and (iii) Subdivision X (contracts by officers of certain charities); (h) in Part VI (parks, community centres and recreation): (i) Division I (parks), except subclause 386(1)⁠(c)⁠(ii) (by-law re cost of park) and section 387 (basis of tax), (ii) Division III (community centres and districts), (iii) in Division IV (recreation), subsections 442(1), (2), (6) (by-law re recreation program), (iv) Division VI (tourist camps and trailer parks), and (v) Division VII (water resorts); (i) Part XIII (licensing and control of trades and occupations). Nuisance ground, disposal area, landfill disposal 12(2) Pursuant to subsection 82(1) of The Northern Affairs Act , the council may, in accordance with that provision, pass by-laws on the matters referred to in that provision. TRANSITIONAL RE EXISTING COUNCIL BY-LAWS Transitional continuation of certain by-laws 13(1) Subject to subsection (2), the by-laws referred to in clauses (2)⁠(a) to (c), passed by the community council of South Indian Lake and filed with the minister pursuant to subsection 5(8) of The Northern Affairs Act and section 4 of the Northern Affairs (Delegation of Authority to Enact By-laws) Regulation , are continued as if passed by the incorporated community council. By-laws expire in 90 days or on re-enactment 13(2) Each of the following by-laws has force and effect until 90 days after this section comes into force or until the council re-enacts it, whichever occurs first: (a) By-law 14-91 respecting derelict vehicles, filed on December 18, 1991; (b) By-law 15-91 respecting a curfew for children, filed on December 18, 1991; (c) By-law 13-93 respecting a volunteer fire department and the prevention of fire, filed on June 14, 1993. COMING INTO FORCE Coming into force 14 This regulation comes into force on April 1, 1999.