Winnipeg : Règlement no 1/2008, art. 2(a) — Neighbourhood Liveability By-law

a sign which directs the public to or denotes the name of any thoroughfare, route, educational institution, public building, historical site, or hospital;

• (b) a sign which denotes any public or transportation facility; “ dwelling ” means a building or other structure, all or part of which has been used, is used or is capable of being used for human habitation, and includes:
• (a) a single or two-family dwelling house;
• (b) an apartment block or other multiple family residential building;
• (c) a group home, assisted living facility and dormitory;
• (d) a live-work space;
• (e) a mobile home or recreational vehicle;
• (f) a hostel; and
• (g) a hotel; “ dwelling unit ” means
• (a) a single family dwelling house;
• (b) a suite within a dwelling; or
• (c) one or more connected rooms within a dwelling, which may or may not include sanitary or kitchen facilities, used as a residence by a single person or by two or more people, whether related or not, who are living together as a housekeeping unit; “election sign” repealed 72/2018 By-law No. 1/2008 3 “enforcement officer” means
• (a) an employee of the City of Winnipeg to whom the designated employee has delegated authority to enforce, implement or administer all or part of this By-law; and
• (b) any public health inspector with jurisdiction to enforce by-laws related to public health and safety within the boundaries of the City of Winnipeg; and
• (c) a member of the Winnipeg Police Service; “extended boulevard” means a boulevard that
• (a) is at least 20 feet wide, as measured from the roadway to the sidewalk or property line; or
• (b) is intended to accommodate future street development; “ fence ” means a constructed barrier or wall that is a fixture and includes a retaining wall and a railing enclosing a property; “garage sale sign” repealed 72/2018 “ garbage ” includes:
• (a) animal, vegetable and agricultural wastes, including manure;
• (b) ashes;
• (c) large items of refuse, including appliances, indoor furniture, dilapidated outdoor furniture, mattresses, large auto parts and crates;
• (d) construction and demolition wastes;
• (e) dead animals;
• (f) industrial refuse;
• (g) rubbish;
• (h) abandoned or unattended shopping carts;
• (i) hazardous wastes;
• (j) wrecked, dismantled, partially dismantled, inoperative, discarded, or abandoned trailers, machinery or vehicles or parts thereof; By-law No. 1/2008 4
• (k) any deserted or discarded article, product or goods of manufacture; but does not include a derelict vehicle, as defined in Division 2 of Part 1; “guard” means a guard as required by The Manitoba Building Code, adopted by the Winnipeg Building By-law, for stairs, landings, porches, balconies, mezzanines, galleries, raised walkways and roofs to which access is provided for purposes other than maintenance; “ habitable room ” means any room in a dwelling that is used or capable of being used for living, sleeping, cooking or eating or any combination thereof; “handbill” repealed 72/2018; “hardwired”, in relation to an electrical appliance or device, means the process or condition by which the appliance or device has been permanently connected to an electrical circuit installed in compliance with the Electrical By-law; “heating system” means:
• (a) a central furnace fuelled by natural gas, propane, electricity or oil;
• (b) a geothermal heat pump;
• (c) hardwired baseboard heaters;
• (d) a stove fuelled by wood or other solid fuel; or
• (e) a furnace fuelled by wood and another fuel; but does not include one or more electrical space heaters connected by electrical cords to an electrical outlet; “lux” means the SI unit of illuminance equal to one lumen per m; “median” means a portion of a street in the centre of a roadway that is maintained to improve traffic safety by separating lanes of opposing traffic and is not intended to carry vehicular traffic; “mobile sign” repealed 72/2018 “newspaper” means any newspaper or magazine of general circulation for which the occupant has paid or requested delivery; By-law No. 1/2008 5 “ non-habitable room ” means any room in a dwelling or dwelling unit other than a habitable room and includes a bathroom, toilet room, laundry, pantry, lobby, communicating corridor, stairway, closet, boiler room, locker room or other space for service and maintenance of the dwelling, for public or common use, and for access to and vertical travel between storeys; “non - residential property” means real property that is not residential property as defined in this section but does not include a street or a park; “non - standard treatment” means a modification of the turf planted by the City on a boulevard, median or traffic island and includes aggregate, objects, solid materials or vegetation planted or placed within the boulevard; “noxious weed” means a noxious weed as defined in The Noxious Weeds Act; “ nuisance ” means any condition, matter, thing or activity, other than a noise or sound regulated by Part 5 (Noise Control), which causes undue annoyance or offence to a reasonable individual of ordinary sensitivity occupying adjacent properties or dwelling units or living in the neighbourhood; “occupant” means any person who occupies a property; “owner” in relation to real property, includes a person who is the owner of a freehold estate in the real property, including, in respect of common elements of a condominium, the condominium corporation, including amended 85/2019
• (a) the person identified on the certificate of title as a sole owner, joint tenant, or tenant in common of a freehold estate;
• (b) a person who is registered under The Condominium Act as the

owner, as defined in that Act, of a unit under that Act;

• (c) a real owner, as defined in subsection 1(1) of The Municipal Assessment Act; and further includes a person who is responsible for the real property and any person
• (d) managing a building, whether on his or her own account or as agent or trustee of any other person;
• (e) who is receiving, is entitled to receive or would receive the rent for the building if the building were rented;
• (f) who, despite having sold the real property under an agreement for sale, has paid any real property taxes on the property after the effective date of the agreement; By-law No. 1/2008 6 By-law No. 1/2008 7
• (g) for the time being receiving installments of the purchase price of a property sold under an agreement for sale whether on his or her own account or as an agent or trustee of any other person; and
• (h) who would receive the installments of the purchase price if such land or premises were sold under an agreement for sale; “park” means a park as defined in The City Of Winnipeg Parks and Recreation By-Law No. 3219/82; “person” includes a firm, partnership, association or other body, whether incorporated or unincorporated; “poster” repealed 72/2018 “principal building” means a building or structure that contains one or more principal uses permitted by the zoning by-law applicable to the property; “private access” means any modification to a street in order to facilitate vehicular access to private property and includes:
• (a) a vehicular drive, road, path, culvert or other structure constructed or maintained within a street between private property and the edge of a roadway for the use or benefit of the owner or occupant of the property;
• (b) a loading bay constructed entirely on the street to permit parking of vehicles;
• (c) an opening or other modification to a median within the street that facilitates access to private property;
• (d) a traffic lane within the roadway that is reserved for turning vehicles; and
• (e) a private walk; “ protective surface ” includes any layer of material over an exterior or interior surface of

a building to protect the surface against deterioration and, includes, without limitation paint, varnish, stucco, brick or stone facing, wood and asphalt shingle and insul-bric siding; “property” means the total of all contiguous land described in a single certificate of title; “residential property”, unless otherwise defined, means property which falls within a “Residential and Residential -Related” use category under the Winnipeg Zoning By -law No. 200/2006 or the Downtown Winnipeg Zoning By-law No.100/2004 and includes dwellings and accessory structures on the property; By-law No. 1/2008 8 “roadside memorial” added 65/2009; repealed 72/2018 “roadway” means the portion of a street that is improved, designed or ordinarily used for vehicular traffic and includes a back lane but does not include a multi-use path or a sidewalk; “rubbish” includes:

• (a) combustible items such as paper, rags, boxes, bedding and wood;
• (b) non-combustible items such as tin cans, metals, pressurized containers, ceramics, metal foils, plastics and glass; and
• (c) vegetative wastes, such as prunings, grass clippings, weeds, leaves and general garden wastes; “sidewalk” means a footpath, whether or not paved or improved, that is intended primarily for the use of pedestrians and that either
• (a) forms part of a street; or
• (b) although not part of a street, is publicly maintained and set aside for pedestrian traffic only; “sign” repealed 72/2018 “street” means any place or way, including any structure forming part thereof, which or any part of which the public is ordinarily entitled to use for the passage of vehicles or pedestrians, with or without fee or charge therefor, and includes all the space between the boundary lines thereof and includes:
• (a) roadways;
• (b) sidewalks;
• (c) medians;
• (d) boulevards;
• (e) traffic islands; and
• (f) private accesses; but does not include any place or way that is governed by the Parks and Recreation By-law; “suite” means one or more connected rooms in a dwelling used or intended to be used for human habitation by one or more people, containing cooking, eating, living, sleeping and sanitary facilities; By-law No. 1/2008 9 “toilet room” means a room which contains a toilet; “traffic control device” means a sign or signal installed by the City which directs and regulates traffic; “traffic island” means the area between traffic lanes for the control of vehicle movement or pedestrian refuge which is not intended to carry vehicular traffic; “turf” means a layer of grass, whether planted or not, but does not include ornamental grasses that have been planted; “utilities” means infrastructure used in the provision of electric power, natural gas, telephone, cable television, telecommunications services, sewer, storm sewer, water and traffic signals. By-law No. 1/2008 10 PART 1 STANDARDS APPLICABLE TO ALL PROPERTIES Application of this Part 3(1) Unless otherwise stated, this Part applies to all properties in the City, whether occupied or vacant, except streets and parks. 3(2) Unless otherwise stated, the obligation for compliance with the provisions of this Part is imposed on both the owner and the occupant of a property. 3(3) The obligation for compliance imposed on occupants by this Part is imposed only in respect of that portion of the property which they are legally authorized to occupy. DIVISION 1 – BASIC MAINTENANCE Nuisances and unsanitary conditions 3.1(1) The owner and occupant must ensure that nuisances and unsanitary conditions are not created or allowed to exist on any property. 3.1(2) The obligation imposed by subsection (1) includes the obligation to ensure that properties and buildings are kept free of:
• (a) infestations of insects, rats, mice and other pests or vermin; and
• (b) any condition, matter, or thing that provides or may provide food or harbourage for pests or vermin. 3.1(3) The obligation imposed by subsection (1) includes the obligation to prevent the existence of lice, bed bugs, cockroaches, silverfish or other insects in any part of a building. 3.1(4) Where infestation has occurred in contravention of subsection 3.1(2), the owner and occupant must abate any infestation through the use of:
• (a) traps and other self-abatement measures; or
• (b) a monitored pest control program with a Certified Pest Control Agency, until such time as the infestation has been effectively abated as determined by and to the satisfaction of the enforcement officer. 3.1(5) Where infestation in contravention of subsection 3.1(2) is abated through the use of a monitored pest control program pursuant to subclause 3.1(4)(b), the owner and occupant must:
• (a) maintain pest control records as created by a Certified Pest Control Agency; By-law No. 1/2008 11
• (b) ensure that no part of any pest control records maintained under clause
• (a) is erased, deleted, removed or otherwise obliterated; and
• (c) produce pest control records for review by an enforcement officer upon demand. Added 72/2016 (entire section 3.1) Properties must be safe 4(1) Subject to subsection (2), properties must be maintained so as to prevent the existence of objects and conditions that pose health, safety, fire or accident hazards to people, animals or neighbouring properties. 4(2) Subject to subsection (3), the obligation in subsection (1) includes the obligation to repair, remove, rectify or otherwise prevent the existence of:
• (a) buildings or structures that constitute a fire hazard or are likely to fall or cause an explosion;
• (b) floors, stairs, walls and other structural aspects of buildings or structures that are insecure or pose a danger to people or animals who enter the building or structure;
• (c) a vacant building or structure that is unguarded or open so that entry can be easily gained to it;
• (d) uncovered and unguarded well, holes, excavations and other openings;
• (e) refrigerators and freezers that are not in use and other airtight containers that are large enough to hold a human being, unless the container is not placed door-side down on the ground and:
• (i) the container is incapable of being locked;
• (ii) the lock on the door is capable of being released from the inside; or
• (iii) the lock or door has been removed;
• (f) sharp objects that could result in injuries, such as nails projecting from boards. 4(3) Where it is necessary
• (a) for a temporary period in order to permit construction or for other valid reasons; or
• (b) for the use to which non-residential property is being put in accordance with the relevant zoning by-law; By-law No. 1/2008 12 that a property contain hazardous articles or materials or objects or conditions that pose health, safety, fire or accident hazards, it is not a contravention of subsection (2) if
• (i) reasonable precautions are taken to prevent unauthorized individuals from entering the area;
• (ii) reasonable notice of the hazard is provided to individuals who may be harmed by it; and
• (iii) the existence in that location of the article, material, object or condition does not violate a By-law or other legislative provision.