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Second Session, Thirty-Eighth 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 55

THE LEGISLATIVE ASSEMBLY AMENDMENT ACT (3)


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. L110 amended

1           The Legislative Assembly Act is amended by this Act.

2(1)        Subsection 52.7(1) is amended

(a) in clause (a), by striking out "review and make recommendations to the Assembly about" and substituting "decide on"; and

(b) in clause (b), by striking out "when the Assembly accepts the recommendations,".

2(2)        The following is added after subsection 52.7(1):

Guidelines

52.7(1.1)   The management commission may set criteria or guidelines for the commissioner to follow in making decisions under this Part.

3(1)        Subsection 52.8(1) is amended

(a) in the section heading, by striking out "recommend" and substituting "decide"; and

(b) in the part before item 1, by striking out "recommendations" and substituting "decisions".

3(2)        Subsection 52.8(2) is amended in the part before clause (a), by striking out "recommend" and substituting "decide".

4           Section 52.9 is amended

(a) in the section heading, by striking out "recommend" and substituting "decide"; and

(b) in the part before clause (a), by striking out "recommendations" and substituting "decisions".

5(1)        Subsection 52.10(1) is amended by striking out "management commission setting out his or her recommendations" and substituting "Speaker setting out his or her decisions".

5(2)        Subsection 52.10(2) is amended by striking out "management commission" and substituting "Speaker".

5(3)        Subsection 52.10(3) is repealed.

5(4)        Subsection 52.10(4) is amended

(a) in the section heading, by striking out "and recommendations"; and

(b) in the section,

(i) by striking out "and the recommendations of the management commission", and

(ii) by striking out "them" and substituting "the report".

6           Section 52.11 is repealed.

7           Subsection 52.12(1) is replaced with the following:

Regulations

52.12(1)    The commissioner must without delay, after submitting his or her report to the Speaker, make any regulations the commissioner considers necessary or desirable to implement his or her decisions.

8           Subsection 52.13(1) is amended

(a) by striking out "and before another commissioner is appointed"; and

(b) by adding "by the commissioner" after "regulations made".

Transitional

9(1)        In this section, "former commissioner" means the commissioner appointed after the 2003 general election.

9(2)        Notwithstanding section 52.7(2) of The Legislative Assembly Act, the management commission must appoint a commissioner (the "interim commissioner") as soon as possible after this Act comes into force.

9(3)        Notwithstanding any other provision of The Legislative Assembly Act, the only responsibilities of the interim commissioner are

(a) to make decisions about the salaries — as set out in items 1, 2, 3 and 9 of subsection 52.8(1) — that are to be paid to members on and after April 1, 2005; and

(b) to make regulations under section 52.12 to implement those decisions.

9(4)        For greater certainty, nothing in this Act affects the responsibility of the former commissioner to make regulations to implement his recommendations respecting salaries, allowances and retirement benefits, other than the salaries to be decided by the interim commissioner under clause (3)(a).

Coming into force

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

Explanatory Note

This Bill amends The Legislative Assembly Act to give effect to the recommendation of the current commissioner that members not be required to vote on their own remuneration.