Procedures and Delegation of By-law Making Powers Regulation (Communities that are not Incorporated)

Procedures and Delegation of By-law Making Powers Regulation (Communities that are not Incorporated), M.R. 253/2006 The Northern Affairs Act , C.C.S.M. c. N100 Regulation 253/2006 Registered December 19, 2006 bilingual version (HTML) Table of Contents Section 1 Definition: "Act" 2 Application 3 Filing of by-laws and resolutions 4 Delegation — by-law making powers 5 Grants and works, services and utilities 6 Operation of utilities 7 Agreements 8 Nominating members to boards of directors 9 Repeal 10 Coming into force Definition: "Act" 1 In this regulation, "Act" means The Northern Affairs Act . Application 2 This regulation applies in respect of communities that are not incorporated. Filing of by-laws and resolutions 3(1) A copy of each by-law and resolution of a community must be filed at the by-law registry office together with (a) a sworn statement by the person filing it that, to the best of his or her knowledge, the by-law or resolution was properly enacted; and (b) a copy of the council resolution authorizing the filing. 3(2) For the purpose of subsection (1), the by-law registry office designated for the filing is Financial and Administrative Services Branch Municipal and Northern Relations 330-800 Portage Avenue Winnipeg, Manitoba R3G 0N4 Attention — Director of Finance Delegation — by-law making powers 4 The powers of the minister to act under the following provisions of subsection 29(1) of the Act are hereby delegated to the council of a community: (a) clause (a): the safety, health, protection and well-being of people, and the safety and protection of property; (b) clause (b): people, activities and things in, on or near a public place or a place open to the public, including parks, community roads, recreation centres, restaurants, facilities, retail stores, malls, and private clubs and facilities that are exempt from taxes imposed by the community; (c) clause (c): subject to section 30 [of the Act], activities or things in or on private property; (d) clause (d): community roads, including naming the roads, posting the names on public or private property, and numbering lots and buildings along the roads; (e) clause (g): the operation of off-road vehicles on public or private property; (f) clause (i): preventing and fighting fires; (g) clause (j): the sale and use of firecrackers and other fireworks, the use of rifles, guns and other firearms, and the use of bows and arrows and other devices; (h) clause (k): wild and domestic animals and activities in relation to them, including by-laws differentiating on the basis of sex, breed, size or weight; (i) clause (l): public utilities; (j) clause (n): businesses, business activities and persons engaged in business; (k) clause (o): the enforcement of by-laws. Grants and works, services and utilities 5 A community may, in accordance with its management plan, exercise the powers in (a) clauses 47(2)⁠(b) to (d) (corporate powers) of the Act; and (b) subsections 56(4) and (5) (grants to community or regional development corporation) of the Act. Operation of utilities 6 A community that establishes or operates a public utility has and may exercise the powers under section 49 of the Act in respect of that utility. Agreements 7 A community may enter into an agreement, as provided for in section 50 of the Act, but the agreement has no force or effect unless the community is authorized by the minister to enter into the agreement. Nominating members to boards of directors 8 The following community councils are delegated the power to nominate members to the board of directors of a non-profit corporation which administers and provides for the delivery of health services to meet the health needs in the community and the reserve adjacent to the community: (a) Berens River; (b) Brochet; (c) [repealed] M.R. 39/2011 ; (d) Easterville; (e) Ilford; (f) Island Lake; (g) Moose Lake; (h) Norway House. M.R. 39/2011 Repeal 9 The Northern Affairs (Delegation of Authority to Enact By-laws) Regulation , Manitoba Regulation 584/88 R, is repealed. Coming into force 10 This regulation comes into force on the same day that The Northern Affairs Act , S.M. 2006, c. 34, comes into force.