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Third 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 7

THE PERSONAL INVESTIGATIONS 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. P34 amended

1           The Personal Investigations Act is amended by this Act.

2           Section 1 of the English version is amended

(a) in the definition "personal reporter", by striking out "his" and substituting "the employee's"; and

(b) in the definition "user", by striking out "his" and substituting "his or her".

3(1)        Subsection 3(1) is amended

(a) by replacing the section heading with "Consent required";

(b) in clause (a),

(i) by striking out "express written", and

(ii) by adding ", provided in accordance with the regulations" after "investigation"; and

(c) in clause (b), by adding ", in the case of a provincial or municipal government or an agency of one of them," after "unless".

3(2)        Subsection 3(2) is amended by striking out "if it is clearly set forth in type not less than 10 point in size above the subject's signature and" and substituting ", and".

4(1)        Clause 4(b) is replaced with the following:

(b) information about any bankruptcy of the subject if the personal report is made more than six years after the date of the discharge in bankruptcy, unless the subject has been bankrupt more than once; or

4(2)        Clause 4(f) is amended by striking out "seven" and substituting "six".

5           Clause 5(a) is amended in the English version by striking out "his" and substituting "his or her".

6           Subsection 7(1) of the English version is amended

(a) in the part before clause (a), by striking out "he" and substituting "the subject"; and

(b) in clause (d), by striking out "his" and substituting "his or her".

7           Subsection 8(1) is amended by striking out "him" and substituting "the person".

8           Section 9 is replaced with the following:

Manner of obtaining information

9           A person who has the right to obtain information under section 7 or 8 or under this section may obtain the information

(a) by personally attending at the office of the user or the personal reporting agency, accompanied by a witness if the person so wishes, and identifying himself or herself; or

(b) by making a written request to the user or personal reporting agency, if the person's identity is verified in writing by a commissioner for oaths.

9           Section 10 of the English version is amended by striking out "he" and substituting "the subject".

10          Section 12 of the English version is amended

(a) in the part before clause (a), by striking out "he" and substituting ", the subject"; and

(b) in clause (b), by striking out "he" and substituting "the director".

11          Section 14 is amended by striking out "either party binds himself" and substituting "the parties agree".

12          Section 20 is amended

(a) by adding the following after clause (c):

(c.1) respecting consents under this Act;

(b) in the English version of clause (e), by striking out "he" and substituting "the Lieutenant Governor in Council".

Coming into force

13(1)       This Act, except section 3, comes into force on the day it receives royal assent.

Coming into force: section 3

13(2)       Section 3 comes into force on a day to be fixed by proclamation.

Explanatory Note

Under the current Personal Investigations Act, a personal investigation report may include information about a bankruptcy that occurred in the last 14 years.  This Bill reduces that time to six years for persons who have been bankrupt once.  For persons bankrupt more than once, there is no time limit.  Other amendments update the language of the Act and permit regulations to be made to modernize the consent requirements for a personal investigation.