The new Municipal Act of Manitoba (the Act) has changed the process for annexation. Procedures for annexation proposals are found in Subdivision 4. The entity proposing and annexation is a "proponent." An annexation proposal may be initiated by the Minister or municipal council.¹ This is a significant difference from the old Act which allowed for a proposal from a group of electors to initiate a proposal.

When a council is a proponent, it must provide a copy of the proposal to the Minister and any municipality / local authority that is affected.² The proposal must include a statement that the intended purpose is for the proponent to annex land from another municipality.³ It must describe the area of land to be annexed and the municipality in which it is located. It must also disclose the reasons for the annexation and the name of each municipality / local authority that could be affected. Finally, it must describe the process for consulting about the proposal with local authorities affected by the annexation.⁴

Section 37 requires the proponent to meet with affected municipalities to discuss the proposal and negotiate it in good faith. Also, the proponent must consult about the proposal with local authorities and the public in the manner set out in the proposal, after which a report must be prepared.⁵ The report should describe the results of the negotiations, along with a summary of areas of agreement / disagreement and a description of the negotiations, as well as a summary of the view expressed. It also requires a description of matters agreed on and not agreed on by the proponent and affected municipalities.

Section 16(1) says the proponent must give a copy of the consultation report to every person who was required to receive a proposal.⁶ Copies of the report must be available for copying by any person requesting it. Within 30 days after a report has been submitted to the Municipal Board, anyone not satisfied with the requirements of Section 37(2) can file a response, must provide a copy to the proponent and anyone else who was required to receive a proposal.⁷

When a Municipal Board is to hold a hearing, it must notify all persons who were required to receive a proposal, plus anyone who filed an objection notice [Section 22(1)], along with the day, time and place of the hearing [Section 22(2)]. The board must consider the application in relation to the principles, standards and criteria under Clause 7(b) on the annexation of land. The Act adds that the Board must hold a hearing if there is no general agreement, or if an objection is filed by one who received a copy of the proposal or by at least 25 electors in the municipality.

Annexation is difficult for the municipality being annexed. The new process provides a mechanism for as much discussion as possible between affected municipalities and interested parties and encourages both parties to develop mutually-agreed upon solutions. A municipal Board hearing is only held if no objections are filed and the affected parties don't agree on some of the issues. Part III of this series will deal with new alternatives to annexation. These alternatives are intended to facilitate resolution of the issues by offering a broader range of solutions, thereby avoiding the need for a Municipal hearing.

¹ Section 34(1) A proponent initiates a proposal for annexation by filing a written proposal with the Municipal Board.

² Section 36(2)

³ Section 34(2)

⁴ Section 35

⁵ Section 37(2) 14(3) Section 38 provides that Section 16 to 22 apply with such modifications as circumstances require, the annexation by a municipality of land in another municipality.

⁶ Section 38 provides that sections 16 to 22 applies, with such modifications as circumstances require, to an annexation.

⁷ Section 16(3)