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Third 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 18

THE SPECIAL SURVEY 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. S190 amended

1           The Special Survey Act is amended by this Act.

2           Section 2 is amended by striking out ", to be laid before the Lieutenant Governor in Council for approval".

3           Clause 3(a) is amended by striking out "stating that the plan is to be submitted for the approval of the Lieutenant Governor in Council and also".

4           Subsection 11(2) is amended

(a) in the section heading, by striking out "L. G. in C." and substituting "Registrar-General"; and

(b) by striking out "Lieutenant Governor in Council" and substituting "Registrar General".

5           Section 12 is amended by striking out everything before "and may declare the survey" and substituting the following:

Approval of plan

12          The Registrar-General may approve the special survey and plan

(a) if no complaints against the special survey or plan are received;

(b) if complaints are received, after a Municipal Board hearing has been held, if no appeal has been filed within 30 days after the date of Municipal Board order; or

(c) if an appeal of a Municipal Board order has been filed, once a final order has been made;

6           Section 13 is repealed.

7           Subsection 14(6) is amended

(a) in the section heading, by striking out "by L. G. in C."; and

(b) by striking out "Lieutenant Governor in Council" and substituting "Registrar-General".

8           Section 15 is repealed.

9           Section 16 is amended by striking out "As soon as an order in council under this Act has come into force by the expiration of 30 days from the publication in The Manitoba Gazette of notice of the passage thereof under this Act without an appeal being taken, a certified copy of the order in council" and substituting "A certified copy of the Registrar-General's approval".

10          Sections 17, 18, 19 and 20 are repealed.

Transitional

11          The Special Survey Act, as it read immediately before the coming into force of this Act, continues to apply to a special survey that was commenced before the coming into force of this Act.

Coming into force

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

Explanatory Note

This Bill amends The Special Survey Act by repealing the provisions that allowed the costs of a special survey to be charged to the owners of land that was the subject of the survey. The Bill also provides that a plan of special survey will be approved by the Registrar-General instead of the Lieutenant Governor in Council.