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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 46

THE LOAN ACT, 2005


Table of Contents

(Assented to                                         )

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

Definition

1           The following definitions apply in this Act.

"agency" means a corporation or agency mentioned in Schedule A or B or to which money may be advanced under a program mentioned in Schedule A or B. (« organisme »)

"government's borrowing authority" means the unused portion of the authority provided to the government under section 2, or under a similar provision of a previous Loan Act, to borrow money for purposes other than to refinance debt. (« pouvoir d'emprunt du gouvernement »)

Increase in government's borrowing authority

2           The authority of the government to borrow for purposes other than to refinance debt is increased by $1,000,000,000.

Borrowing authority of agency

3(1)        Subject to subsection (3), an agency may borrow or raise for its purposes amounts not exceeding, in total, the amounts set out for the agency in Schedules A and B.  This is in addition to any amounts that an agency may borrow

(a) to refinance debt; or

(b) under a statutory authority to borrow money for temporary purposes or working capital.

Manner of raising money

3(2)        Amounts borrowed or raised under subsection (1) may be borrowed or raised

(a) by means of a loan from the government; or

(b) subject to subsection (3), by any other means authorized by the agency's governing legislation and approved by the Lieutenant Governor in Council.

Abatement of government's borrowing authority

3(3)        An amount borrowed or raised under clause (2)(b) reduces, and must not exceed, the government's borrowing authority.

Agency guarantee abates borrowing authority

3(4)        The amount of a guarantee provided by an agency reduces, and must not exceed the lesser of,

(a) the government's borrowing authority; and

(b) the agency's unused borrowing authority under subsection (1).

L.G. in C. may authorize advances

4           The Lieutenant Governor in Council may authorize amounts to be advanced to agencies or for programs as set out in Schedules A and B.

Lapse of previous borrowing authority

5           Any unused authority under section 3 or 4 of The Loan Act, 2004 to borrow or advance an amount set out in a Schedule to that Act lapses except to the extent it is included in Schedule B to this Act.

Additional authority for loans and guarantees

6(1)        Until changed by another Act of the Legislature, the total of the loans and guarantees that the government provides under section 63 of The Financial Administration Act in a fiscal year must not exceed $200,000,000.

Authority to borrow

6(2)        An agency or other person that needs legislative authority to borrow an amount to be advanced to it by the government under 63 of The Financial Administration Act is deemed to have that authority.

Coming into force

7           This Act is retroactive and is deemed to have come into force on April 1, 2005.

The Loan Act, 2005 — Schedule A

Incremental Capital Authority Requirements For Non-Budgetary Programs, 2005/06

The Manitoba Hydro-Electric Board $ 400,000,000.
Health Capital Program 132,597,000.
Manitoba Opportunities Fund Ltd. 90,000,000.
The University of Manitoba 75,000,000.
The Manitoba Agricultural Credit Corporation 65,221,000.
Manitoba Student Aid Program 16,490,000.
Manitoba Housing and Renewal Corporation 14,929,000.
The Manitoba Water Services Board 13,037,000.
Special Operating Agencies Financing Authority — Fleet Vehicles Agency 7,600,000.
Communities Economic Development Fund 6,910,000.
Rural Economic Development Initiatives 998,000.
Manitoba Film Guarantee Program 360,000.
Manitoba Potash Corporation 130,000.
Diagnostic Services Manitoba 61,000.
International Education Program
9,000.
$ 823,342,000.

The Loan Act, 2005 — Schedule B

Expenditure Authority as at April 1, 2005 not yet expended or abated

The Manitoba Hydro-Electric Board $ 389,200,000.
Health Capital Program 282,951,078.
The Manitoba Agricultural Credit Corporation 150,879,181.
Manitoba Industrial Opportunities Program 81,417,660.
Manitoba Student Aid Program 46,305,788.
Manitoba Lotteries Corporation 45,050,000.
The Manitoba Housing and Renewal Corporation 33,287,518.
The Manitoba Water Services Board 28,899,900.
Manitoba Lotteries Corporation — First Nations Casino Development 25,300,000.
Diagnostic Services Manitoba 17,000,000.
Communities Economic Development Fund 13,489,621.
The Manitoba Farm Mediation Board 6,300,000.
The Co-operative Loans and Loans Guarantee Board 3,500,000.
Rural Economic Development Initiatives 3,465,762.
Special Operating Agencies Financing Authority — Food Development Centre 3,331,954.
Venture Manitoba Tours Ltd. 1,115,000.
Special Operating Agencies Financing Authority — Fleet Vehicles Agency 955,000.
Manitoba Science and Technology Fund 876,460.
Manitoba Capital Fund 636,800.
International Education 477,600.
Manitoba Film Guarantee Program 400,000.
Vision Capital Fund 181,014.
Manitoba Potash Corporation
135,000.
$ 1,135,155,336.