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Fifth 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 209

THE CAPITAL PROJECTS TRANSPARENCY ACT


Table of Contents Explanatory Note

(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.

"disclosure statement" means a major capital project disclosure statement under section 2. (« document d'information »)

"major capital project" means a capital project with a total projected cost greater than 20 million dollars. (« grand projet d'immobilisations »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

"third party" includes the federal government, a municipal government, a corporation, partnership, individual or any other private entity. (« tiers »)

Disclosure statement required

2(1)        If the government enters into an agreement with one or more third parties to construct a major capital project, the minister must prepare a major capital project disclosure statement for that capital project.

Required information in disclosure statement

2(2)        The disclosure statement must contain the following information about the government's obligations respecting the capital project:

(a) the total contribution from the government to the project;

(b) the projected start and completion dates for the project;

(c) the projected contributions from the government for each year of the project;

(d) whether the government is responsible for any cost overruns on the project and, if so, specific information respecting the nature and amount of its responsibility.

Disclosure statement to speaker

3(1)        The minister must provide the disclosure statement to the Speaker of the Assembly within five business days after entering into the agreement to construct the major capital project.

Tabling requirement

3(2)        The Speaker must table the disclosure statement in the Assembly without delay if the Assembly is sitting, or if it is not, within five days after the next sitting begins.

Revised disclosure statement

4(1)        If an agreement to construct a major capital project is amended in any way that affects any of the matters set out in subsection 2(2), the minister must prepare a revised disclosure statement that identifies any changes from the initial disclosure statement within five business days after the agreement is amended.

Tabling revised disclosure statement

4(2)        Section 3 applies to a revised disclosure statement, with necessary changes.

C.C.S.M. reference

5           This Act may be referred to as chapter C22 of The Continuing Consolidation of the Statutes of Manitoba.

Coming into force

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

Explanatory Note

This Bill requires the government to publicly disclose its obligations when it enters into an agreement with a third party to construct a major capital project.  The government must reveal the amount and timing of its financial commitments, the construction timelines and whether the government is responsible for any cost overruns on the project.

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