The City of Morden council governs in accordance to the authority of the The Municipal Act of the Province of Manitoba.
Council is interested in receiving feedback from residents regarding desired direction for municipal government, and residents are encouraged to review the statutes which outline the processes for a proper petition.
The Municipal Act subsections 153-159 outlines the proper petitioning processes required to petition a council:
PETITIONS AND PUBLIC HEARINGS
Petitions must conform to this Division
153 Where a petition is required under this Act, other than in Part 2, the petition must meet the requirements of this Division before it is presented to the council.
Sufficiency of petition
154(1) A petition is sufficient if it complies with this section.
Petition’s purpose to be stated on each page
154(2) A petition must contain a statement of purpose, and the statement must appear on every page.
Information about each petitioner
154(3) 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 under section 57 to form a local urban district, a statement that each petitioner is a voter, or is eligible to be a voter, of the locality;
(f) in the case of a petition under clause 66(1)(a) (dissolution of a local urban district), a statement that each petitioner is a voter of the local urban district;
(g) in the case of a petition under clause 313(c) (local improvement or special service), the address of the property in respect of which each petitioner is liable to pay the tax.
Manner of witnessing signature on a petition
154(4) Each signature on the petition must be witnessed by an adult person who must
(a) sign opposite the signature of the petitioner; and
(b) in the case of a petition under section 57 (formation of a local urban district), clause 66(1)(a) (dissolution of a local urban district) or clause 313(c) (local improvement or special service), 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
154(5) Where a minimum number of petitioners is required, a petition must be signed by at least that number of petitioners.
Petitioners for local improvement or special service
154(6) In determining the number of petitioners required on a petition under clause 313(c),
(a) where a parcel of land or a business is owned by more than one person, only one person is counted; and
(b) a municipality, school division, school district or hospital district that is eligible to be a petitioner is not counted if it gives written notice to the chief administrative officer, not later than the day the petition is filed with the officer under section 155, that it is not to be counted.
Entity may authorize individual to sign
154(7) A petition under clause 313(c) (local improvement or special service) may be signed on behalf of a corporation, church, organization, estate or other entity by an adult person who on request produces proof that he or she is authorized by the entity to sign the petition on its behalf.
Counting the number of petitioners
154(8) 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 (3) about the petitioner is not provided or the information, other than the signature, is not legible and cannot easily be determined by the chief administrative officer;
(b) the person’s signature is not witnessed, or the witness has not made the statutory declaration required, under subsection (4);
(c) the petition is restricted to certain persons and the person is not one of those persons, or the person’s qualifications are not set out or are incorrectly set out; or
(d) the person signed the petition more than 90 days before the petition was filed under section 155 or more than 150 days before the petition was re-filed under subsection 156(3).
Petition must name representative
154(9) The petition must have attached to it a signed statement of an individual that
(a) the individual is the representative of the petitioners; and
(b) any inquiry or notice respecting the petition may be directed to the individual at an address that is set out in the statement.
S.M. 2005, c. 27, s. 158.
155 A petition must be filed with the chief administrative officer.
C.A.O. to determine sufficiency of certain petitions
156(1) In the case of a petition that is required under this or any other Act to have a minimum number of petitioners, the chief administrative officer must determine the sufficiency of the petition not later than 30 days after it is filed.
Process where petition is not sufficient
156(2) If in the opinion of the chief administrative officer a filed petition is not sufficient, the officer must within the time set out in subsection (1) give written notice of the manner in which the petition is not sufficient to the person named in the petition under subsection 154(9) (representative’s name and address).
Re-filing of petition
156(3) The petition may be re-filed, with or without changes, with the chief administrative officer within 30 days after the notice is given, and sections 154 and 155 apply to the re-filed petition.
C.A.O. to advise council of notice given
156(4) If a petition is not re-filed within 30 days after the day a notice is given under subsection (2), the chief administrative officer must advise the council at the first council meeting following the expiration of the 30 days that the petition was filed and the notice given.
Presentation of petition to council
157(1) The chief administrative officer must present each petition to the council at a council meeting, with his or her opinion respecting the sufficiency of the petition,
(a) where the petition is sufficient, within 30 days after the day the petition is filed; and
(b) where the petition is not sufficient and is re-filed, within 30 days after the day the petition is re-filed.
No change in petition after presentation
157(2) No name may be added to or removed from a petition after it is filed under section 155 or re-filed under subsection 156(3), except an addition or removal made after a notice is given under subsection 156(2) and before the petition is re-filed.
Petition is received on presentation
158 A petition is received by a council on the day it is presented to the council.
Council’s consideration of petition
159 A council may disregard a petition that the council decides is not sufficient, and is not required to take action in respect of a petition unless this or any other Act requires that action be taken.