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Fourth 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 20

THE FAMILY FARM PRACTICES PROTECTION AMENDMENT AND FARM LANDS OWNERSHIP AMENDMENT ACT


Explanatory Note

(Assented to                                         )

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

PART 1

THE FAMILY FARM PROTECTION ACT

C.C.S.M. c. F15 amended

1           The Family Farm Protection Act is amended by this Part.

2(1)        Subsection 3(9) is replaced with the following:

Staff

3(9)        Any employees required for the proper administration of the board may be appointed under The Civil Service Act.

2(2)        Subsection 3(10) is repealed.

2(3)        Subsection 3(14) is amended by striking out "executive director" and substituting "board".

3(1)        Subsection 29(1) is amended by striking out "executive director" and substituting "board".

3(2)        Subsection 29(3) is amended by striking out "the executive director of".

4           Subsection 30(2) is amended by striking out "the executive director of".

5           Sections 32 and 33 are replaced with the following:

Protection from liability

32          No action or proceeding may be brought against a member of the board or the peer advisory committee, an employee appointed in accordance with subsection 3(9) or any other person acting under the authority of this Act for anything done or not done, or for any neglect,

(a) in the performance or intended performance of a duty under this Act; or

(b) in the exercise or intended exercise of a power under this Act;

unless the person was acting in bad faith.

Information confidential

33          Information obtained by the board or the peer advisory committee — or by a member of the board or the peer advisory committee, an employee appointed in accordance with subsection 3(9) or any other person — in the course of acting under this Act is confidential and must not be communicated to another person except for the purposes of this Act or as otherwise required by law.

PART 2

THE FARM LANDS OWNERSHIP ACT

C.C.S.M. c. F35 amended

6           The Farm Lands Ownership Act is amended by this Part.

7(1)        Subsection 6(3) of the English version is amended

(a) by replacing the section heading with "Chair and vice-chair"; and

(b) by striking out "to be chairman and another to be vice-chairman thereof" and substituting "as its chair and another as vice-chair".

7(2)        Subsection 6(4) of the English version is amended

(a) by striking out "The chairman, vice-chairman" and substituting "The chair, vice-chair";

(b) by adding "or her" after "by him"; and

(c) by adding "or her" after "of his".

7(3)        In the following provisions of the English version, "chairman" is struck out wherever it occurs and "chair" is substituted:

(a) subsections 6(5) and (6);

(b) subsection 6(8), in the section heading and in the subsection;

(c) subsection 6(11).

7(4)        In the following provisions of the English version, "vice-chairman" is struck out wherever it occurs and "vice-chair" is substituted:

(a) subsection 6(6);

(b) subsection 6(8), in the section heading and in the subsection.

7(5)        Subsection 6(9) is replaced with the following:

Staff

6(9)        Any employees required for the proper administration of the board may be appointed under The Civil Service Act.

7(6)        Subsection 6(10) is amended

(a) in the section heading, by striking out "chairman" and substituting "chair or vice-chair"; and

(b) by striking out "the chairman, vice-chairman or executive director" wherever it occurs and substituting "the chair or vice-chair".

8(1)        Subsection 13(1) is replaced with the following:

Protection from liability

13(1)       No action or proceeding may be brought against a member of the board, an employee appointed in accordance with subsection 6(9) or any other person acting under the authority of this Act for anything done or not done, or for any neglect,

(a) in the performance or intended performance of a duty under this Act; or

(b) in the exercise or intended exercise of a power under this Act;

unless the person was acting in bad faith.

8(2)        Subsection 13(2) of the English version is amended by striking out "chairman" and substituting "chair".

PART 3 COMING INTO FORCE

Coming into force

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

Explanatory Note

This Bill amends The Family Farm Protection Act by replacing outdated references to administrative staff serving The Manitoba Farm Mediation Board.  Also replaced are outdated provisions about confidentiality of information and liability protection for board members and other persons working under the board.

The Farm Lands Ownership Act is amended by replacing gender-biased language, outdated references to administrative staff serving The Manitoba Farm Lands Ownership Board and an outdated liability protection provision.