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Fourth Session, Thirty-Ninth 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 or view the online bilingual version (PDF).

Bill 38

THE LOAN ACT, 2010


Table of Contents

(Assented to          )

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

Definitions

1           The following definitions apply in this Act.

"agency" means a corporation or agency mentioned in the Schedule or to which money may be advanced under a program mentioned in the Schedule. (« 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 $3,300,000,000.

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 the Schedule.  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 the Schedule.

Lapse of previous borrowing authority

5           Any unused authority under section 3 or 4 of The Loan Act, 2009 to borrow or advance an amount set out in a Schedule to that Act lapses except to the extent it is included in the Schedule 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 section 63 of The Financial Administration Act is deemed to have that authority.

Coming into force

7           This Act is deemed to have come into force on April 1, 2010.

SCHEDULE

CAPITAL AUTHORITY FOR NON-BUDGETARY PROGRAMS FOR 2010-2011
$(000s)
Existing Authority New or Additional Authority TOTAL

Crown Corporations Council
Communities Economic Development Fund 8,874.9 6,800.0 15,674.9
The Manitoba Hydro-Electric Board 358,446.3 815,000.0 1,173,446.3
The Manitoba Lotteries Corporation* 239,761.0 14,300.0 254,061.0

*Existing authority — $13,461,000 is for First Nations Capital Development
Additional authority — $1,100,000 is for First Nations Capital Development

Aboriginal and Northern Affairs
Northern Affairs Communities 3,650.0 8,900.0 12,550.0
Advanced Education and Literacy
Manitoba Student Aid Program 29,916.9 10,347.0 40,263.9
Post Secondary Institutions 81,924.2 174,050.0 255,974.2
Agriculture, Food and Rural Initiatives
Manitoba Agricultural Services Corporation 104,768.4 89,957.0 194,725.4
Manitoba Farm Mediation Board 3,000.0 —    3,000.0
Rural Entrepreneur Assistance Program* 6,595.1 817.0 7,412.1
Community Works Loan Program* 458.2 —    458.2

*Existing authority for these programs is for Rural Economic Development Initiatives

Conservation
Special Operating Agencies Financing Authority:

Pineland Forest Nursery

—    435.0 435.0
Culture, Heritage and Tourism
Travel Manitoba 1,500.0 —    1,500.0
Venture Manitoba Tours Ltd. 665.0 —    665.0
Entrepreneurship, Training and Trade
International Education 356.6 —    356.6
Manitoba Capital Fund 636.8 —    636.8
Manitoba Film Guarantee Program 1,002.0 200.0 1,202.0
Business Support* 160,123.4 —    160,123.4

*Existing authority — $39,838,300 is for the Manitoba Industrial Opportunities Program

Manitoba Opportunities Fund Ltd. 167,064.4 —    167,064.4
Manitoba Science and Technology Fund 701.2 —    701.2
Family Services and Consumer Affairs
Special Operating Agencies Financing Authority:

The Companies Office

3,300.0 —    3,300.0

The Property Registry

5,000.0 —    5,000.0

The Vital Statistics Agency

1,272.0 547.0 1,819.0
Finance
Leaf Rapids Town Properties Ltd. 1,500.0 —    1,500.0
Health
Diagnostic Services of Manitoba, Inc. 25,654.1 5,096.0 30,750.1
Health Capital Program 268,083.1 273,459.0 541,542.1
Housing and Community Development
Manitoba Housing and Renewal Corporation 165,171.3 143,796.0 308,967.3
Cooperative Loans and Loan Guarantee Board 3,500.0 —    3,500.0
Infrastructure and Transportation
Manitoba Water Services Board 43,200.0 29,904.0 73,104.0
Special Operating Agencies Financing Authority:

Vehicle and Equipment Management Agency

16,600.0 13,000.0 29,600.0
Innovation, Energy and Mines
Special Operating Agencies Financing Authority:

Industrial Technology Centre

—    1,160.0 1,160.0
1,702,724.9 1,587,768.0 3,290,492.9