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Second Session, Thirty-Seventh Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 16

THE FARM PRACTICES PROTECTION AMENDMENT ACT


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. F45 amended

1           The Farm Practices Protection Act is amended by this Act.

2           Subsection 3(4) is repealed.

3           Section 6 is replaced with the following:

Management and procedural rules

6(1)        The board may make rules for the management of its affairs and for the practice and procedure to be observed in matters before it.  The rules may also authorize the chairperson or another officer or member to sign board documents.

Information and representations from parties

6(2)        In any matter before it, the board shall give full opportunity to the parties to present information and make representations.

4           The following is added after section 13:

Board may review orders

13.1(1)     Subject to subsection (5), the board may review an order it has made, if a party or another person who is affected by the order applies.

Disposition by the board

13.1(2)     After the review, the board may, by further order, dismiss the application or change, revoke or replace the order.

Membership of board on review

13.1(3)     The members of the board who review the order may be different from the members who made it.

Application of certain previous provisions

13.1(4)     Subsections 9(2) to (4) and sections 10 to 13 apply, with necessary changes, to an application or order made under this section.

Limitations on review power

13.1(5)      The board shall not review an order

(a) before the end of the appeal period set out in section 13;

(b) after an appeal has been made under section 13 but before it is determined or withdrawn; or

(c) after the order has been filed in court under subsection 12(4).

5           Clause 15(a) is amended by striking out "an application made under subsection 9(1);" and substituting "applications made under subsection 9(1) or 13.1(1);".

Coming into force

6           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill extends the jurisdiction of the Farm Practices Protection Board by giving it the authority to review its own orders and to change, revoke or replace an order if it considers that action appropriate. This authority is subject to certain limits.

Also, the Bill removes the time limits on board members' terms of appointment and amends the provision that sets out the board's procedural authority.