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3rd Session, 41st Legislature

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Bill 10

THE BOARDS, COMMITTEES, COUNCILS AND COMMISSIONS STREAMLINING ACT (VARIOUS ACTS AMENDED OR REPEALED)


  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

CHANGING THE SIZE OF BOARDS,

COMMITTEES, COUNCILS AND COMMISSIONS

The Accessibility for Manitobans Act

C.C.S.M. c. A1.7 amended

1           Subsection 15(1) of The Accessibility for Manitobans Act is amended by striking out "12 members" and substituting "nine members".

The Addictions Foundation Act

C.C.S.M. c. A60 amended

2(1)        The Addictions Foundation Act is amended by this section.

2(2)        Subsection 4(2) is amended by striking out "9 or more than 15 persons" and substituting "6 or more than 11 persons".

Transitional

2(3)        To ensure that the board of governors of The Addictions Foundation of Manitoba has no more than 11 members on the coming into force of this section, the Lieutenant Governor in Council may revoke the appointment of one or more members of the board. A revocation extinguishes the rights and obligations of the member in relation to the appointment.

The Arts Council Act

C.C.S.M. c. A140 amended

3(1)        The Arts Council Act is amended by this section.

3(2)        Subsection 2(2) is amended by striking out "15 members" and substituting "no more than nine members".

Transitional

3(3)        To ensure that the Manitoba Arts Council has no more than nine members on the coming into force of this section, the Lieutenant Governor in Council may revoke the appointment of one or more members of the council. A revocation extinguishes the rights and obligations of the member in relation to the appointment.

The CancerCare Manitoba Act

C.C.S.M. c. C20 amended

4(1)        The CancerCare Manitoba Act is amended by this section.

4(2)        Section 2 is amended

(a) by repealing clauses (a), (c) and (d);

(b) by replacing clause (f) with the following:

(f) six persons appointed by the minister; and

(c) in clause (g), by striking out "seven persons" and substituting "three persons".

4(3)        Subsection 3(1) is amended by striking out everything before "subject to subsections (1.1) to (2)" and substituting "The member appointed under clause 2(e) must,".

Transitional

4(4)        Despite subsection (2), a member of CancerCare Manitoba whose term of office expires after the coming into force of this section may continue to serve until his or her term of office expires. However, if the term of office of a member expired before the coming into force of this section, the appointment of the member is revoked or the member is deemed to be removed from office when this section comes into force.

The Centre culturel franco-manitobain Act

C.C.S.M. c. C45 amended

5(1)        The Centre culturel franco-manitobain Act is amended by this section.

5(2)        Subsection 7(1) is amended by striking out "12 persons" and substituting "eight persons".

Transitional

5(3)        To ensure that the board of the Centre culturel franco-manitobain has no more than eight members on the coming into force of this section, the Lieutenant Governor in Council may revoke the appointment of one or more members of the board. A revocation extinguishes the rights and obligations of the member in relation to the appointment.

The Manitoba Film and Sound Recording Development Corporation Act

C.C.S.M. c. F54 amended

6(1)        The Manitoba Film and Sound Recording Development Corporation Act is amended by this section.

6(2)        Section 3 is replaced with the following:

Appointment of members

3           The activities of the corporation are to be conducted and managed by no more than seven members appointed by the Lieutenant Governor in Council on the recommendation of the minister.

Transitional

6(3)        To ensure that the Manitoba Film and Sound Recording Development Corporation has no more than seven members on the coming into force of this section, the Lieutenant Governor in Council may revoke the appointment of one or more members of the corporation. A revocation extinguishes the rights and obligations of the member in relation to the appointment.

The Healthy Child Manitoba Act

C.C.S.M. c. H37 amended

7(1)        The Healthy Child Manitoba Act is amended by this section.

7(2)        Subsection 21(3) is amended by striking out "at least 12 persons to the advisory committee, six of whom" and substituting "at least seven and no more than nine persons to the advisory committee, one of whom".

Transitional

7(3)        To ensure that the Provincial Healthy Child Advisory Committee has no more than nine members on the coming into force of this section, the Minister of Education and Training may revoke the appointment of one or more members of the advisory committee. A revocation extinguishes the rights and obligations of the member in relation to the appointment.

The Housing and Renewal Corporation Act

C.C.S.M. c. H160 amended

8           Subsection 3(2) of The Housing and Renewal Corporation Act is amended by striking out "13 members" and substituting "11 members".

The Human Rights Code

C.C.S.M. c. H175 amended

9(1)        The Human Rights Code is amended by this section.

9(2)        Subsection 2(2) is amended by striking out "10 members" and substituting "eight members".

9(3)        Section 3 is amended by striking out "10 members" and substituting "eight members".

The Regulated Health Professions Act

C.C.S.M. c. R117 amended

10          Subsection 13(1) of The Regulated Health Professions Act is amended

(a) by striking out "A council" and substituting "Unless the Lieutenant Governor in Council authorizes a college established under this Act to have a larger number of council members, a council"; and

(b) by striking out "six persons" and substituting "six and no more than eleven persons".

The Veterinary Services Act

C.C.S.M. c. V50 amended

11(1)       The Veterinary Services Act is amended by this section.

11(2)       Subsection 4(2) is replaced with the following:

Board membership

4(2)        The membership of a board is as follows:

(a) if a district comprises only one municipality, at least three but no more than five members appointed by the municipal council;

(b) if a district comprises two or more municipalities, at least three but no more than nine members, with the council of each municipality appointing at least one member in accordance with the agreement between the municipalities under section 2.

11(3)       Subsection 4(3) is amended by striking out "the minister or".

11(4)       Subsection 4(6) is amended by striking out everything before the second instance of ", at any time," and substituting "A municipal council may".

PART 2

CONSOLIDATING BOARDS, COMMITTEES,

COUNCILS AND COMMISSIONS

The Advanced Education Administration Act

C.C.S.M. c. A6.3 amended

12          Section 10.11 of The Advanced Education Administration Act is repealed.

The Advisory Council on Workforce Development Act

S.M. 2008, c. 22 repealed

13          The Advisory Council on Workforce Development Act, S.M. 2008, c. 22, is repealed.

The Agri-Food and Rural Development Council Act

S.M. 2006, c. 12 repealed

14          The Agri-Food and Rural Development Council Act, S.M. 2006, c. 12, is repealed.

The Apprenticeship and Certification Act

C.C.S.M. c. A110 amended

15(1)       The Apprenticeship and Certification Act is amended by this section.

15(2)       Section 1 is amended by adding the following definitions:

"designated occupation" means a trade that is prescribed as a designated occupation under subsection 19.1(1) and for which no apprenticeship program is established. (« profession désignée »)

"occupational certificate" means an occupational certificate issued under subsection 19.1(2). (« certificat d'aptitude professionnelle »)

15(3)       Section 6 is amended

(a) in clauses (1)(b) and (c), by adding "or designated occupations" at the end; and

(b) in subsection (2), by adding "or occupations," after "designated trades".

15(4)       Section 10 is amended

(a) in subclause (3)(b)(ii), by adding "or occupation" after "a trade";

(b) in clause (4)(a), by adding "and designated occupations" after "designated trades" wherever it occurs; and

(c) in subsection (6),

(i) in the part before clause (a), by adding "or designated occupation" after "designated trade", and

(ii) in clauses (a) and (b), by adding "or occupation" after "trade".

15(5)       Subsection 11(1) is replaced with the following:

Establishment of provincial advisory committees

11(1)       The board may establish a provincial advisory committee for a designated trade or designated occupation, or for two or more designated trades or designated occupations that are related.

15(6)       Clause 11(2)(b) is replaced with the following:

(b) an equal number of

(i) members who represent the interests of persons who are employees in the designated trade or designated occupation, or group of designated trades or designated occupations, and

(ii) members who represent the interests of employers of persons employed in the designated trade or designated occupation, or group of designated trades or designated occupations.

15(7)       Section 12 is amended

(a) in subsection (1), by adding the following as clause (b.1):

(b.1) for a designated occupation or group of occupations is to make recommendations to the board respecting the standards and requirements for certification in the occupation or occupations; and

(b) in subsection (2),

(i) by adding "or occupation" after "applicable trade", and

(ii) by adding "or (b.1)" after "under clause (1)(a)".

15(8)       The heading for Part 5 is replaced with "TRADES AND OCCUPATIONS".

15(9)       The centred heading before section 18 is amended by adding "AND OCCUPATIONS" at the end.

15(10)      The following is added as section 19.1:

Designation of occupations

19.1(1)     Subject to the approval of the minister, the board may by regulation designate a trade that is not a designated trade as a designated occupation.

Occupational certificates

19.1(2)     The executive director may issue an occupational certificate in a designated occupation to a person who, in the opinion of the executive director, has met the prescribed standards and requirements for certification in the designated occupation.

15(11)      Section 20 is amended in the part before clause (a) by adding "or an occupational certificate" after "certificate of qualification".

15(12)      Section 41 is amended

(a) in clause (1)(a), by adding "or an occupational certificate" after "certificate of qualification"; and

(b) by adding "or designated occupation" after "designated trade", wherever it occurs in subsections (1), (3) and (4).

15(13)      Subsection 42(2) is amended by adding "and certification programs in designated occupations" after "designated trades".

15(14)      Subsection 46(1) is amended

(a) by adding the following as clause (j.1):

(j.1) designating occupations and governing the issuing of occupational certificates, including examinations, eligibility to take examinations, and standards and requirements for certification in the occupation;

(b) in clause (s), by adding "or occupational certificates" after "certificates of qualification".

The Buildings and Mobile Homes Act

C.C.S.M. c. B93 amended

16(1)       The Buildings and Mobile Homes Act is amended by this section.

16(2)       Section 1 is amended by repealing the definition "board".

16(3)       Section 11 is repealed.

The Caregiver Recognition Act

C.C.S.M. c. C24 amended

17(1)       The Caregiver Recognition Act is amended by this section.

17(2)       Section 1 is amended by repealing the definition "advisory committee".

17(3)       Section 7 is amended by adding "and" at the end of clause (c) and repealing clause (d).

17(4)       Section 10 is repealed.

The Certified Occupations Act

S.M. 2015, c. 28 repealed

18          The Certified Occupations Act, S.M. 2015, c. 28, is repealed.

The Cooperative Promotion Trust Act

S.M. 1988-89, c. 8 repealed

19(1)       The Cooperative Promotion Trust Act, S.M. 1988-89, c. 8, is repealed.

Trust revoked

19(2)       The trust established by The Cooperative Promotion Trust Act is revoked.

Treatment of money in fund

19(3)       The money in the fund operated under The Cooperative Promotion Trust Act immediately before this section comes into force is to be distributed as follows:

(a) all money in the account in the fund known as "The Commercial Fishing Account" is to be paid into the Communities Economic Development Fund, to be used to pay for grants for the promotion and development of commercial fishing in northern Manitoba;

(b) the balance of the fund is to be paid to The Winnipeg Foundation, to be used

(i) to pay for grants for one or more of the following:

(A) prizes or scholarships for any competition or studies related to the philosophy, principles, business, or affairs of cooperative organizations,

(B) gifts or donations in aid of research into cooperative organizations,

(C) to promote education with respect to cooperation,

(D) to develop and promote cooperative organizations,

(E) to agricultural organizations to promote the general welfare of rural residents of the province, and

(ii) to cover costs and expenses in relation to the administration, management and distribution of those funds.

The Manitoba Council on Aging Act

S.M. 2005, c. 22 repealed

20          The Manitoba Council on Aging Act, S.M. 2005, c. 22, is repealed.

The Ecological Reserves Act

C.C.S.M. c. E5 amended

21(1)       The Ecological Reserves Act is amended by this section.

21(2)       Section 1 is amended

(a) by repealing the definition "committee" and

(b) by adding the following definition:

"advisory committee" means the Endangered Species, Ecosystems and Ecological Reserves Advisory Committee continued under The Endangered Species and Ecosystems Act; (« Comité consultatif »)

21(3)       Clause 8(4)(b) is amended by adding "advisory" before "committee".

21(4)       Subsections 9(1) to (5) are repealed.

21(5)       Subsection 9(6) is amended in the part before clause (a) by adding "advisory" before "committee".

The Endangered Species and Ecosystems Act

C.C.S.M. c. E111 amended

22(1)       The Endangered Species and Ecosystems Act is amended by this section.

22(2)       The definition "advisory committee" in subsection 1(1) is amended by striking out "Endangered Species and Ecosystems Advisory Committee" and substituting "Endangered Species, Ecosystems and Ecological Reserves Advisory Committee".

22(3)       Subsection 6(1) is amended by striking out "Endangered Species and Ecosystems Advisory Committee" and substituting "Endangered Species, Ecosystems and Ecological Reserves Advisory Committee".

22(4)       Subsection 6(3) is amended by striking out everything after "Lieutenant Governor in Council shall" and substituting "appoint at least seven and no more than nine persons to the advisory committee.".

22(5)       Subsection 6(4) is amended by striking out everything after "in a field" and substituting "related to species and biodiversity conservation.".

22(6)       The following is added after subsection 6(5):

Chair

6(6)        The advisory committee must elect one of its members to serve as chair of the advisory committee.

The Farm Products Marketing Act

C.C.S.M. c. F47 amended

23(1)       The Farm Products Marketing Act is amended by this section.

23(2)       Clause 2(b) is amended by striking out everything after "under this Act" and substituting ", The Agricultural Producers' Organization Funding Act and The Milk Prices Review Act.".

23(3)       Clause 14(f) is amended by striking out everything after "or the regulations," and substituting "The Agricultural Producers' Organization Funding Act and The Milk Prices Review Act;".

The Forest Health Protection Act

C.C.S.M. c. F151 amended

24(1)       The Forest Health Protection Act is amended by this section.

24(2)       Section 26.2 is repealed.

24(3)       Subsections 26.3(3) and (4) are repealed.

24(4)       Subsection 26.3(5) is amended

(a) in clause (b), by striking out everything after "written submission" and substituting "to the director before a decision on the nomination is made; and";

(b) by repealing clause (c); and

(c) in clause (d), by striking out "minister" and substituting "director".

24(5)       Subsection 26.3(6) is repealed.

24(6)       Subsection 26.3(7) is replaced with the following:

Designation

26.3(7)     After reviewing a nomination, the director may designate a tree as a heritage tree.

The Milk Prices Review Act

C.C.S.M. c. M130 amended

25(1)       The Milk Prices Review Act is amended by this section.

25(2)       Section 1 is amended

(a) by repealing the definition "commission"; and

(b) in the definition "producer board", by striking out "The Manitoba Milk Producers' Marketing Board" and substituting "the Dairy Farmers of Manitoba".

25(3)       Section 2 is repealed.

25(4)       Section 3 is amended by striking out "commission" wherever it occurs and substituting "Manitoba Council".

25(5)       Section 4 is repealed.

25(6)       Section 5 is amended

(a) by striking out "hearing an appeal or"; and

(b) by striking out "and the commission respectively have like powers and protection" and substituting "has the same powers and protections".

25(7)       Section 6 is amended by striking out "commission" wherever it occurs and substituting "Manitoba Council".

25(8)       Section 8 is amended by striking out "commission" wherever it occurs and substituting "Manitoba Council".

25(9)       Subsection 10(1) is amended by striking out "commission" wherever it occurs and substituting "Manitoba Council".

25(10)      Section 13 is amended by striking out "commission" and substituting "Manitoba Council".

The Restorative Justice Act

C.C.S.M. c. R119.6 amended

26(1)       The Restorative Justice Act is amended by this section.

26(2)       Section 1 is amended by repealing the definition "advisory council".

26(3)       Sections 6 and 7 are repealed.

The Technical Safety Act

S.M. 2015, c. 17 (unproclaimed Act amended)

27(1)       The Technical Safety Act, S.M. 2015, c. 17, is amended by this section.

27(2)       Subsection 1(1) is amended by repealing the definitions "advisory council" and "committee".

27(3)       Subsection 79(3) is repealed.

27(4)       Part 10 is repealed.

27(5)        Clause 103(6)(e) is repealed.

The Workplace Safety and Health Act

C.C.S.M. c. W210 amended

28(1)       The Workplace Safety and Health Act is amended by this section.

28(2)       Section 1 is amended by repealing the definition "advisory council".

28(3)       Subsection 14(1) is amended

(a) by repealing clause (d); and

(b) in clause (e), by striking out "the advisory council or".

28(4)       Subsection 14(2) is amended by striking out "members of the advisory council and".

28(5)       The following is added after section 14:

Review

14.1        At least once every five years, the minister must undertake a review of this Act that includes consultations with representatives of employers and workers.

28(6)       The centred heading before section 15 and sections 15 and 16 are repealed.

TRANSITIONAL

Transitional

29(1)       On the coming into force of this Part,

(a) every affected body is dissolved; and

(b) the appointments of all members of an affected body are revoked and the rights and obligations of the members in relation to those appointments are extinguished.

Interpretation — "affected body"

29(2)       In this section, "affected body" means a board, committee, council or commission that is eliminated by a provision in this Part.

PART 3

ESTABLISHING ADVISORY COMMITTEES

The Executive Government Organization Act

C.C.S.M. c. E170 amended

30           The Executive Government Organization Act is amended by adding the following after section 11:

Advisory committees

11.1(1)     Subject to the approval of the Lieutenant Governor in Council, a minister may appoint an advisory committee for a specific purpose.

Term

11.1(2)     An advisory committee may be appointed for a period of not more than two years.

PART 4

COMING INTO FORCE

Coming into force: royal assent

31(1)       This Act, except sections 2, 3, 5 to 7 and 11, comes into force on the day it receives royal assent.

Coming into force: proclamation

31(2)       Sections 2, 3, 5 to 7 and 11 come into force on a day to be fixed by proclamation.

Explanatory Note

This Bill amends various Acts and repeals others in order to consolidate or eliminate a number of boards, committees, councils and commissions or reduce their size.

Part 1 changes the structure of eleven boards, committees, councils and commissions.

  • The Accessibility for Manitobans Act is amended to reduce the size of the Accessibility Advisory Council.
  • The Addictions Foundation Act is amended to reduce the size of the board of governors of the Addictions Foundation of Manitoba.
  • The Arts Council Act is amended to reduce the size of the Manitoba Arts Council.
  • The CancerCare Manitoba Act is amended to reduce the membership of the corporation.
  • The Centre culturel franco-manitobain Act is amended to reduce the size of the board of the Centre culturel franco-manitobain.
  • The Manitoba Film and Sound Recording Development Corporation Act is amended to reduce the membership of the corporation.
  • The Healthy Child Manitoba Act is amended to reduce the size of the Provincial Healthy Child Advisory Committee.
  • The Housing and Renewal Corporation Act is amended to reduce the size of the board of the Manitoba Housing and Renewal Corporation.
  • The Human Rights Code is amended to reduce the size of the Manitoba Human Rights Commission.
  • The Regulated Health Professions Act is amended to limit the membership of a council for the college of a health profession.
  • The Veterinary Services Act is amended to eliminate ministerial appointments to veterinary services boards and to restrict the size of veterinary service boards.

Part 2 merges or eliminates several boards, committees, councils and a commission.

  • The Advanced Education Administration Act is amended to eliminate the advanced education advisory committee.
  • The Advisory Council on Workforce Development Act is repealed and the Advisory Council on Workforce Development is eliminated.
  • The Agri-Food and Rural Development Council Act is repealed and the Agri-Food and Rural Development Council is eliminated.
  • The Buildings and Mobile Homes Act is amended to eliminate the Building Standards Board.
  • The Caregiver Recognition Act is amended to eliminate the Caregiver Advisory Committee.
  • The Certified Occupations Act is repealed and the Certified Occupations Board is eliminated. Amendments are made to The Apprenticeship and Certification Act to deal with the regulation of certified occupations under that Act.
  • The Cooperative Promotion Trust Act is repealed and the Cooperative Promotion Board eliminated. The trust established by the Act is revoked.
  • The Manitoba Council on Aging Act is repealed and the Manitoba Council on Aging is eliminated.
  • The Endangered Species and Ecosystems Act and The Ecological Reserves Act are amended so that a single committee provides advice in relation to both Acts.
  • The Forest Health Protection Act is amended to eliminate the heritage tree review committee.
  • The Milk Prices Review Act is amended to eliminate the Manitoba Milk Prices Review Commission and to assign its functions and responsibilities to the Manitoba Farm Products Marketing Council. Consequential amendments are made to The Farm Products Marketing Act.
  • The Restorative Justice Act is amended to eliminate the Manitoba Restorative Justice Advisory Council.
  • The Technical Safety Act is amended to eliminate the Technical Safety Advisory Council.
  • The Workplace Safety and Health Act is amended to eliminate the Advisory Council on workplace safety and health.

Part 3 amends The Executive Government Organization Act. With Cabinet's approval, a minister may appoint an advisory committee for a specific purpose and for a limited period.