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3rd Session, 41st 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 8

THE GOVERNMENT NOTICES MODERNIZATION 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:

PART 1

THE QUEEN'S PRINTER ACT

C.C.S.M. c. Q10 amended

1           The Queen's Printer Act is amended by this Part.

2           Section 2 is replaced with the following:

Deputy minister is Queen's Printer

2           The deputy minister of the department over which the minister presides is the Queen's Printer for Manitoba.

3           Section 6 is replaced with the following:

Distribution of copies

6           The Queen's Printer may distribute copies of notices or other documents published in The Manitoba Gazette and may sell or distribute copies of any other publications of the government or a government agency.

4           Section 11 is amended

(a) by repealing subclause (b)(ii); and

(b) by adding the following after clause (b):

(b.1) respecting the proof of notices and other documents published in The Manitoba Gazette;

PART 2

MISCELLANEOUS AMENDMENTS RELATING

TO GOVERNMENT NOTICES

The Cooperatives Act

C.C.S.M. c. C223 amended

5(1)        The Cooperatives Act is amended by this section.

5(2)        Subsections 21(1) and 28(8) of the English version are amended by striking out "the gazette" and substituting "The Manitoba Gazette".

5(3)        Clause 91.1(d) is amended by striking out "in a newspaper or on a website," and substituting "on a website".

The Corporations Act

C.C.S.M. c. C225 amended

6           Section 286 of The Corporations Act is amended by striking out "at least four consecutive issues of The Manitoba Gazette" and substituting "The Manitoba Gazette for a period of at least four weeks".

The Criminal Property Forfeiture Act

C.C.S.M. c. C306 amended

7(1)        The Criminal Property Forfeiture Act is amended by this section.

7(2)        Subsection 17.4(1) is amended by striking out "a newspaper that has a general circulation throughout the province" and substituting "The Manitoba Gazette".

7(3)        Subsection 17.4(3) is amended

(a) in the section heading, by striking out "newspaper" and substituting "Gazette"; and

(b) by striking out "a newspaper" wherever it occurs and substituting "The Manitoba Gazette".

The Ecological Reserves Act

C.C.S.M. c. E5 amended

8           Clause 8(4)(a) of The Ecological Reserves Act is replaced with the following:

(a) publish notice in The Manitoba Gazette; and

The Endangered Species and Ecosystems Act

C.C.S.M. c. E111 amended

9           Clause 12.5(1)(a) of The Endangered Species and Ecosystems Act is replaced with the following:

(a) by publishing a notice in The Manitoba Gazette; and

The Environment Act

C.C.S.M. c. E125 amended

10(1)       The Environment Act is amended by this section.

10(2)       Subsection 7(1) is amended by striking out "by advertisement in such newspaper or other media as the commission deems fit" and substituting ", by a notice published in The Manitoba Gazette or in such other manner as the commission deems fit".

10(3)       Clauses 10(4)(a) and 11(8)(a) are amended by striking out "advertisements in the local newspaper or radio" and substituting "publishing a notice in The Manitoba Gazette or in such other manner as the director deems fit".

10(4)       Clause 12(4)(a) is replaced with the following:

(a) subject to section 47, file a summary of the proposal in the public registry, notify the public through publishing a notice of the proposal in The Manitoba Gazette or in such other manner as the minister deems fit and provide opportunity for comments and objections;

10(5)       Clause 41(7)(e) is amended by striking out "a newspaper" and substituting "The Manitoba Gazette".

10(6)       Subsection 48(4) is amended by adding "The Manitoba Gazette or in" after "publication in".

The Garage Keepers Act

C.C.S.M. c. G10 amended

11          Subsection 11(1) of The Garage Keepers Act is amended by striking out "in one issue of The Manitoba Gazette" and substituting "in The Manitoba Gazette".

The Highways Protection Act

C.C.S.M. c. H50 amended

12(1)       The Highways Protection Act is amended by this section.

12(2)       Clause 6(3)(b) is amended

(a) by adding "and" at the end of subclause (i) and repealing subclause (ii); and

(b) in subclause (iii), by adding "at least one week" before "prior to".

12(3)       Subsection 9(2) is amended

(a) by adding "and" at the end of clause (a) and repealing clause (b); and

(b) in clause (c), by adding "at least one week" before "prior to".

12(4)       Clause 9(3)(d) is amended by striking out "clauses (2)(b) and (c)" and substituting "clause (2)(c)".

12(5)       Clause 15(3)(b) is amended

(a) by adding "and" at the end of subclause (i) and repealing subclause (ii); and

(b) in subclause (iii), by adding "at least one week" before "prior to".

12(6)       Subsection 17(2) is amended

(a) by adding "and" at the end of clause (a) and repealing clause (b); and

(b) in clause (c), by adding "at least one week" before "prior to".

12(7)       Clause 17(3)(d) is amended by striking out "clauses (2)(b) and (c)" and substituting "clause (2)(c)".

The Highways and Transportation Construction Contracts Disbursement Act

C.C.S.M. c. H65 amended

13          Section 5 of The Highways and Transportation Construction Contracts Disbursement Act is amended by striking out "and in at least two issues" and substituting "or in at least two issues".

The Human Rights Code

C.C.S.M. c. H175 amended

14          Subsection 36(1) of The Human Rights Code is replaced with the following:

Public notice

36(1)       The adjudicator shall cause notice of the date, time, place and subject matter of the hearing to be published, at least three days prior to the hearing, in The Manitoba Gazette and may cause the notice to be published in such other manner as the adjudicator considers appropriate.

The Insurance Act

C.C.S.M. c. I40 amended

15(1)       The Insurance Act is amended by this section.

15(2)       Subsection 100(3) is amended by striking out "in two consecutive issues of The Manitoba Gazette and of the official gazette of each other province" and substituting "in The Manitoba Gazette for a period of two weeks, in two consecutive issues of the official gazette of each other province".

15(3)       Subsection 367(2) is amended by striking out "in at least two successive issues of The Manitoba Gazette" and substituting "in The Manitoba Gazette for a period of at least two weeks".

The Municipal Board Act

C.C.S.M. c. M240 amended

16(1)       The Municipal Board Act is amended by this section.

16(2)       Subsection 38(1) is amended by striking out "in one issue of The Manitoba Gazette" and substituting "in The Manitoba Gazette".

16(3)       Section 55 is amended

(a) in the section heading, by striking out "in Gazette" and substituting "on website"; and

(b) by striking out "in one issue of The Manitoba Gazette or".

16(4)       Subsection 72(2) is amended by striking out "in one issue of The Manitoba Gazette," and substituting "in The Manitoba Gazette".

The Naturopathic Act

C.C.S.M. c. N80 amended

17          Subsections 6(2) and (3) of The Naturopathic Act are amended by striking out "in one issue of The Manitoba Gazette" and substituting "in The Manitoba Gazette".

The Public Health Act

C.C.S.M. c. P210 amended

18           Clause 101(3)(a) of The Public Health Act is amended by adding "in The Manitoba Gazette or" after "publishing it".

The Public Schools Act

C.C.S.M. c. P250 amended

19(1)       The Public Schools Act is amended by this section.

19(2)       Subsection 9(4) is amended in the part after clause (f) by adding "in The Manitoba Gazette or" after "published at least once".

19(3)       Subsection 21.26(3) is amended by striking out everything after "is published" and substituting "in The Manitoba Gazette.".

The Public Utilities Board Act

C.C.S.M. c. P280 amended

20(1)       The Public Utilities Board Act is amended by this section.

20(2)       Subsection 37(1) is amended by striking out "in one issue of The Manitoba Gazette" and substituting "in The Manitoba Gazette".

20(3)       Section 53 is amended

(a) in the section heading, by striking out "in Gazette" and substituting "on website"; and

(b) by striking out "in one issue of The Manitoba Gazette or".

20(4)       Subsection 92(1) is amended by striking out "in one issue of The Manitoba Gazette" and substituting "in The Manitoba Gazette".

The Red River Floodway Act

C.C.S.M. c. R32 amended

21          Subsections 9(2) and (3) of The Red River Floodway Act are amended by striking out "in one issue of The Manitoba Gazette" and substituting "in The Manitoba Gazette".

The Securities Act

C.C.S.M. c. S50 amended

22          Clause 148(4)(a) of The Securities Act is replaced with the following:

(a) by publication in The Manitoba Gazette; or

The Suitors' Moneys Act

C.C.S.M. c. S220 amended

23          Subsection 8(1) of The Suitors' Moneys Act is amended by striking out "in one issue of The Manitoba Gazette" and substituting "in The Manitoba Gazette".

The Surveys Act

C.C.S.M. c. S240 amended

24          Subsection 11(2) of The Surveys Act is amended by striking out everything after "published in" and substituting "The Manitoba Gazette.".

The Trustee Act

C.C.S.M. c. T160 amended

25          Subsection 41(6) of The Trustee Act is amended by striking out "in one issue of The Manitoba Gazette" and substituting "in The Manitoba Gazette".

The Veterinary Services Act

C.C.S.M. c. V50 amended

26          Subsection 3(4) of The Veterinary Services Act is amended by striking out "in one issue of The Manitoba Gazette" and substituting "in The Manitoba Gazette".

The Water Protection Act

C.C.S.M. c. W65 amended

27          Subsection 7(1) of The Water Protection Act is amended by striking out "a newspaper of general circulation in the affected area" and substituting "The Manitoba Gazette or in any other manner the minister considers appropriate".

The City of Winnipeg Charter

S.M. 2002, c. 39 amended

28          Clause 374(b) of The City of Winnipeg Charter is amended in the part before subclause (i) by striking out "in one issue of The Manitoba Gazette" and substituting "in The Manitoba Gazette".

PART 3

COMING INTO FORCE

Coming into force

29          This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

Part 1 of this Bill amends The Queen's Printer Act to establish the deputy minister of the department that administers the Act as the Queen's Printer and to require the Queen's Printer to make The Manitoba Gazette, an official government publication, available to the public online at no cost.

Part 2 of this Bill amends provisions in 24 statutes that relate to the government's publication of official notices. These amendments remove references to printed "issues" of The Manitoba Gazette so that it may be published online. Several requirements to publish a notice or document in a newspaper are replaced with the requirement or option of publishing it in The Manitoba Gazette.