Manitoba, Canada, local Agenda (setting) initiative [PAX] - Petition to dissolve a municipality

General Typology

Instrument
Agenda (setting) initiative [PAX]
Location
Manitoba, Canada
Political level
local
Local Name:
Petition to dissolve a municipality
Normative Level:
statutory
Legally Binding:
no
Legally Defined:

Proponents
10(1)
A proposal to form or dissolve a municipality may be initiated by
(a) the minister;
(b) the council of a municipality; or
(c) at least 30% of the persons
(i) who would be voters of the municipality proposed to be formed, or
(ii) who are voters of the municipality proposed to be dissolved.

Formation proposal for Northern Manitoba
10(2)
Despite clause (1)(a), the minister and the Minister of Aboriginal and Northern Affairs must jointly initiate a proposal to form a municipality from
unorganized territory in Northern Manitoba.

Initiating a proposal
10(3)
A proponent may initiate a proposal to form or dissolve a municipality by filing a written proposal with The Municipal Board.

Proposal by voters
10(4)
A proposal by persons who would be voters of the municipality proposed to be formed or who are voters of the municipality proposed to be dissolved must be accompanied by a sufficient petition.

Sufficiency of petition
11(1)
A petition is sufficient if it complies with this section.

Information about each petitioner
11(2)
A petition must include the following:
(a) in printed form, the surname and given name or initials of each petitioner;
(b) each petitioner's signature;
(c) the date on which each petitioner signs the petition;
(d) the address of each petitioner's residence;
(e) in the case of a petition to form a municipality, a statement that each petitioner is eligible to be a voter of the proposed municipality;
(f) in the case of a petition to dissolve a municipality, a statement that each petitioner is a voter of the municipality.

Manner of witnessing signature on a petition
11(3)
Each signature on the petition must be witnessed by an adult person who must
(a) sign opposite the signature of the petitioner; 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.

Number of petitioners required
11(4)
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) who are voters of the municipality proposed to be dissolved.

Counting the number of petitioners
11(5)
In determining whether the required number of persons have signed the petition, a person's name is not to be counted if
(a) the information required under subsection (2) about the petitioner is not provided or the information, other than the signature, is not legible and cannot easily be determined by the secretary of The Municipal Board;
(b) the person's signature is not witnessed, or the witness has not made the statutory declaration required under clause (3)(b); or
(c) the person signed the petition more than 90 days before the petition was filed under subsection 10(3) or more than 150 days before the petition was re-filed with The Municipal Board under subsection (10).

Representative of petitioners
11(6)
The petition must have attached to it a signed statement of the individual named as the representative of the petitioners under clause 12(e) that he or she is so named and that any inquiry or notice respecting the petition may be directed to the individual at an address that is set out in the statement.

Filing of petition
11(7)
A petition must be filed with the secretary of The Municipal Board.

Re-filing of petition
11(10)
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.

Content of proposal
12
A proposal must include (a) a statement that the proposal is
(i) to form a municipality with the status, name and boundaries set out, or
(ii) to dissolve a specified municipality;
(b) the reasons for the proposal;
(c) the name of each municipality and local authority that could be affected by the formation or dissolution of the proposed municipality;
(d) a description of a process for consulting about the proposal with
(i) local authorities that could be affected by the formation or dissolution of the municipality, and
(ii) the public; and
(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.

Duties and powers in making decision
23(1)
In deciding whether to recommend a formation or dissolution application, The Municipal Board
(f) may require an affected municipality or may request the minister to hold a vote of those persons who would be voters of the municipality proposed to be formed or are voters of the municipality proposed to be dissolved and may consider its results; and (..)

References: THE MUNICIPAL ACT, 1996 (02/2016)

Subject Matter:

To suggest dissolving a municipality

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Municipal Board/Minister

Requirements

Number Of Signatures:
30% of electorate
Available Time:
90 days before the petition was filed or more than 150 days before the petition was re-filed
Geographical Quorum:
Excluded Issues:
Other Formal Requirements:

Procedural Elements

Collection Mode:
Specify Collection Mode:
Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks: