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4th Session, 40th Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 42

THE INDEPENDENT OFFICERS OF THE ASSEMBLY APPOINTMENT ACT (VARIOUS ACTS AMENDED)


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

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

AUDITOR GENERAL

C.C.S.M. c. A180 amended

1(1)        The Auditor General Act is amended by this section.

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

Appointment process

3(1)        If the position of Auditor General is vacant or if it will become vacant within six months because the term of office is scheduled to expire or the Auditor General has resigned,

(a) the President of the Executive Council must, within one month of the vacancy or expected vacancy, convene a meeting of the Standing Committee on Legislative Affairs; and

(b) the Standing Committee must, within six months of the vacancy or expected vacancy, consider candidates for the position and make recommendations to the President of the Executive Council.

1(3)        Subsections 3(2) and (3) are repealed.

CHILDREN'S ADVOCATE

C.C.S.M. c. C80 amended

2           The Child and Family Services Act is amended by replacing subsection 8.1(2) with the following:

Appointment process

8.1(2)      If the position of children's advocate is vacant or if it will become vacant within six months because the term of office is scheduled to expire or the children's advocate has resigned,

(a) the President of the Executive Council must, within one month of the vacancy or expected vacancy, convene a meeting of the Standing Committee on Legislative Affairs; and

(b) the Standing Committee must, within six months of the vacancy or expected vacancy, consider candidates for the position and make recommendations to the President of the Executive Council.

CHIEF ELECTORAL OFFICER

C.C.S.M. c. E30 amended

3           The Elections Act is amended by replacing section 22 with the following:

Appointment process

22           If the position of chief electoral officer is vacant or if it will become vacant within six months because the term of office is scheduled to expire or the chief electoral officer has resigned,

(a) the President of the Executive Council must, within one month of the vacancy or expected vacancy, convene a meeting of the Standing Committee on Legislative Affairs; and

(b) the Standing Committee must, within six months of the vacancy or expected vacancy, consider candidates for the position and make recommendations to the President of the Executive Council.

INFORMATION AND PRIVACY ADJUDICATOR

C.C.S.M. c. F175 amended

4           The Freedom of Information and Protection of Privacy Act is amended by adding the following after subsection 58.1(1):

Appointment process

58.1(1.1)   If the position of adjudicator is vacant or if it will become vacant within six months because the term of office is scheduled to expire or the adjudicator has resigned,

(a) the President of the Executive Council must, within one month of the vacancy or expected vacancy, convene a meeting of the Standing Committee on Legislative Affairs; and

(b) the Standing Committee must, within six months of the vacancy or expected vacancy, consider candidates for the position and make recommendations to the President of the Executive Council.

CONFLICT OF INTEREST COMMISSIONER

C.C.S.M. c. L112 amended

5           The Legislative Assembly and Executive Council Conflict of Interest Act is amended by adding the following after subsection 19.5(1):

Appointment process

19.5(1.1)   If the position of commissioner is vacant or if it will become vacant within six months because the term of office is scheduled to expire or the commissioner has resigned,

(a) the President of the Executive Council must, within one month of the vacancy or expected vacancy, convene a meeting of the Standing Committee on Legislative Affairs; and

(b) the Standing Committee must, within six months of the vacancy or expected vacancy, consider candidates for the position and make recommendations to the President of the Executive Council.

LOBBYIST REGISTRAR

C.C.S.M. c. L178 amended

6           The Lobbyists Registration Act is amended by adding the following after subsection 11(2):

Appointment process

11(3)        If the position of registrar is vacant or if it will become vacant within six months because the term of office is scheduled to expire or the registrar has resigned, an appointment under this section must be made within six months of the vacancy or expected vacancy.

OMBUDSMAN

C.C.S.M. c. O45 amended

7(1)        The Ombudsman Act is amended by this section.

7(2)        Subsection 2(2) is replaced with the following:

Appointment process

2(2)        If the position of Ombudsman is vacant or if it will become vacant within six months because the term of office is scheduled to expire or the Ombudsman has resigned,

(a) the President of the Executive Council must, within one month of the vacancy or expected vacancy, convene a meeting of the Standing Committee on Legislative Affairs; and

(b) the Standing Committee must, within six months of the vacancy or expected vacancy, consider candidates for the position and make recommendations to the President of the Executive Council.

7(3)        Subsection 2(3) is repealed.

CONDITIONAL AMENDMENT

Conditional amendment

8           If Bill 25, introduced in the Fourth Session of the 40th Legislature and titled The Children's Advocate Act, receives royal assent, section 4 of that Act is replaced with the following:

Appointment process

4            If the position of children's advocate is vacant or if it will become vacant within six months because the term of office is scheduled to expire or the children's advocate has resigned,

(a) the President of the Executive Council must, within one month of the vacancy or expected vacancy, convene a meeting of the Standing Committee on Legislative Affairs; and

(b) the Standing Committee must, within six months of the vacancy or expected vacancy, consider candidates for the position and make recommendations to the President of the Executive Council.

COMING INTO FORCE

Coming into force: royal assent

9(1)        This Act, except section 8, comes into force on the day it receives royal assent.

Coming into force: section 8

9(2)        Section 8 comes into force on the same day that Bill 25 of the Fourth Session of the 40th Legislature, titled The Children's Advocate Act, comes into force.

Explanatory Note

This Bill sets time frames for the process used to appoint the independent officers of the Assembly who are appointed on the recommendation of a Standing Committee.

If the position of an independent officer is vacant — or if it will become vacant within six months because the term of office will expire or the independent officer has resigned — the Premier must convene a meeting of the Standing Committee on Legislative Affairs within one month. Within six months, the Standing Committee must consider candidates for the position and recommend a replacement.

The independent officers are:

  • the Auditor General;
  • the Children's Advocate;
  • the Chief Electoral Officer;
  • the Information and Privacy Adjudicator;
  • the Conflict of Interest Commissioner;
  • the Ombudsman.

The registrar under The Lobbyists Registration Act is required to be one of the independent officers listed above, or on the staff of one of them. Any vacancy in the registrar's position must be filled within six months.