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Background
The Constitution Act of Canada divides the jurisdiction of government between Federal and Provincial governments. The Legislature of each Province has the authority under that Act to make laws respecting direct taxation, municipal institutions, property and civil rights, and generally, all matters of a merely local or private nature in the Province.
The Province has the legal authority to make laws creating municipal corporations and therefore has the power to create or revoke the existence of municipal corporations. As a creation of the Province, a municipal corporation has only that authority and power given to it by statute, generally The Municipal Act.
A municipal corporation possesses and can exercise the following powers and no others:
Those granted by the Province in express words.
Those necessarily or fairly implied in, or incidental to, the powers expressly granted.
Those essential to the declared objects and purposes of the municipal corporation - not merely convenient, but indispensable.
Any action which is in excess of powers given will be interpreted by a court as "ultra vires", meaning beyond the powers of the municipality. Those actions within the powers of the municipality are referred to as "intra vires".
Courts will not permit direct or indirect interference by a municipal corporation with the rights of individuals, without specific legal authority for such interference. Statutes are not usually interpreted to authorize interference with: the liberty of the person; the property rights of a person without compensation; or existing contractual obligations.
A municipal corporation derives its powers from statute and it is not correct to assume, as many people do, that if the legislation does not deny a power to a municipality, that the municipality can exercise that power.
Additional limits on the exercise of its powers by a municipality are:
Its jurisdiction extends only to the territorial limits of the municipality, unless specific authority beyond such limits is provided by statute.
Its powers must be exercised by resolution passed by the council except where powers are specifically required by statute to be exercised by by-law.
Purposes of a Municipal Corporation
The purposes of a municipality are:
(a) to provide good government;
(b) to provide services, facilities or other things that, in the opinion of the council of the municipality, are necessary or desirable for all or a part of the municipality; and
(c) to develop and maintain safe and viable communities;
General Powers of a Municipal Corporation
A municipality is a corporation and, subject to the Municipal Act, has the rights and is subject to the liabilities of a corporation and may exercise its powers for municipal purposes.
Without limiting the generality of the foregoing, a municipality may for municipal purposes do the following:
(a) acquire, hold, mortgage and dispose of land, improvements and personal property, or an interest in land, improvements and personal property;
(b) construct, operate, repair, improve and maintain works and improvements;
(c) acquire, establish, maintain and operate services, facilities and utilities;
(d) enter into agreements with a person, with an agency of the Government of Manitoba or the Government of Canada, or with another municipality, including a municipality in another province, to do with or on behalf of the municipality anything the municipality has the power to do within the municipality;
(e) use municipal equipment, materials and labour to carry out private works on private property.
Additional limits on the exercise of its powers by a municipality are:
Its jurisdiction extends only to the territorial limits of the municipality, unless specific authority beyond such limits is provided by statute.
Its powers must be exercised by resolution passed by the council except where powers are specifically required by statute to be exercised by by-law.
Specific Powers of Council
Specific powers of council are numerous and found throughout The Municipal Act and certain related Acts such as The Municipal Assessment Act, The Planning Act, etc. The "cue" for those powers is an introductory phrase in sections of the Act along the lines "The council of a municipality may (or shall) by by-law (or resolution)" do such and such a thing. Resolutions, and particularly by-laws, should "cite the authority" (mention the section/s of the Act) under which council is taking the action at hand. Care must be taken, especially with by-laws, to cite the authority. If the authority cannot be found for the by-law, that is an indication that council does not have the power to enact the legislation contained in the by-law.
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