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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 12

THE RED TAPE REDUCTION AND GOVERNMENT EFFICIENCY ACT, 2018


  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:

THE ARTS COUNCIL ACT

C.C.S.M. c. A140 amended

1           Section 12 of The Arts Council Act is amended by striking out "appointed by the Lieutenant Governor in Council" and substituting "appointed by the Minister of Finance".

THE BUILDERS' LIENS ACT

C.C.S.M. c. B91 amended

2(1)        The Builders' Liens Act is amended by this section.

2(2)        Subsection 3(1) is amended by striking out "subsection (2)" and substituting "subsections (2) and (3)".

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

Exemption re Infrastructure Contracts Disbursement Act

3(2)        Subject to section 4 of The Infrastructure Contracts Disbursement Act, this Act does not apply in respect of work done, services provided or money received or disbursed under a contract or sub-contract to which that Act applies, nor in respect of materials supplied under a sub-contract to which that Act applies.

THE BUILDINGS AND MOBILE HOMES ACT

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

3(1)        The Buildings and Mobile Homes Act is amended by this section.

3(2)        Subsection 5(2) is replaced with the following:

Exception from designation

5(2)        The fire commissioner may, in writing, exempt a municipality from all or any part of a designation made under subsection (1) if satisfied, on application by the municipality, that the municipality meets the exemption criteria prescribed by regulation.

Terms and conditions

5(3)        The fire commissioner may issue an exemption with or without terms and conditions and may also impose, rescind or vary a term or condition on an exemption at any time after the exemption has been issued.

Exemption may be revoked

5(4)        The fire commissioner may revoke an exemption if he or she is satisfied the municipality has ceased to meet the prescribed exemption criteria or has failed to comply with a term or condition of its exemption.

Meaning of "fire commissioner"

5(5)        In this section, "fire commissioner" means the Fire Commissioner of Manitoba appointed under The Fires Prevention and Emergency Response Act.

Transition

5(6)        On the coming into force of this section, a municipality listed in the Schedule to the Classes of Buildings Designation Regulation, Manitoba Regulation 48/2010, as that regulation read immediately before the coming into force of this section, is deemed to have been issued an exemption under subsection (2).

3(3)        The following is added after clause 15(1)(c):

(c.1) prescribing criteria for exempting a municipality under subsection 5(2);

THE CHILD AND FAMILY SERVICES AMENDMENT AND CONSEQUENTIAL AMENDMENTS ACT

S.M. 1997, c. 48 (unproclaimed provisions repealed)

4           The Child and Family Services Amendment and Consequential Amendments Act, S.M. 1997, c. 48, is amended by repealing section 14 and clause 29(c) insofar as it enacts clause 86(g.2).

THE CHILD AND FAMILY SERVICES AUTHORITIES ACT

S.M. 2002, c. 35 (unproclaimed provision repealed)

5           Section 20 of The Child and Family Services Authorities Act, S.M. 2002, c. 35, is repealed.

THE CITY OF WINNIPEG CHARTER

S.M. 2002, c. 39 amended

6           Clause 228(1)(b.1) of The City of Winnipeg Charter is repealed.

THE COMMUNITIES ECONOMIC DEVELOPMENT FUND ACT

C.C.S.M. c. C155 amended

7           Section 19 of The Communities Economic Development Fund Act is amended by striking out "appointed by the Lieutenant Governor in Council" and substituting "appointed by the Minister of Finance".

THE CONSUMER PROTECTION ACT

C.C.S.M. c. C200 amended

8(1)        The Consumer Protection Act is amended by this section.

8(2)        Subsection 77(1) is amended by striking out "the prescribed form" and substituting "a form approved by the director" wherever it occurs.

8(3)        Subsection 90(1) is amended by striking out "prescribed by regulations" and substituting "approved by the director".

8(4)        Clauses 97(1)(a) and (b) are amended by striking out "form and".

8(5)        Clause 97.3(b) is amended by striking out "form and".

8(6)        Subclauses 163(1)(c)(i) and 255(1)(d)(i) are amended by striking out "form and".

THE CONSUMER PROTECTION AMENDMENT ACT (CONTRACTS FOR DISTANCE COMMUNICATION SERVICES)

S.M. 2014, c. 28 (unproclaimed Act repealed)

9            The Consumer Protection Amendment Act (Contracts for Distance Communication Services), S.M. 2014, c. 28, is repealed.

THE DAIRY ACT

C.C.S.M. c. D10 amended

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

10(2)       Subsection 1(1) is amended by repealing the definition "licence".

10(3)       The centred heading before section 2 and sections 2 to 5 are repealed.

10(4)       Clause 18(1)(c) is repealed.

THE DANGEROUS GOODS HANDLING AND TRANSPORTATION ACT

C.C.S.M. c. D12 amended

11(1)       The Dangerous Goods Handling and Transportation Act is amended by this section.

11(2)       Subsection 8(3) is amended

(a) in the English version by replacing the section heading with "Disposal of hazardous waste"; and

(b) by adding ", a facility described in subsection (4.1) or (4.2)" after "licensed hazardous waste disposal facility".

11(3)       Subsection 8(4) is amended by adding "or (4.2)" after "subsection (4.1)".

11(4)       The following is added after subsection 8(4.1):

Exception for facilities licensed under Environment Act

8(4.2)      A licence is not required for a hazardous waste disposal facility if the facility is the subject of a licence issued under The Environment Act.

11(5)       Subsections 8(5) to (8) are repealed.

Transitional

11(6)       The director may cancel a licence that has been issued to operate a hazardous waste disposal facility if the licence is no longer required to operate that facility.

THE DAUPHIN BOYS' AND GIRLS' BAND ACT

S.M. 1989-90, c. 69 repealed

12           The Dauphin Boys' and Girls' Band Act, S.M. 1989-90, c. 69, is repealed.

THE MANITOBA DEVELOPMENT CORPORATION ACT

C.C.S.M. c. D60 amended

13          Section 17 of The Manitoba Development Corporation Act is amended by striking out "appointed by the Lieutenant Governor in Council" and substituting "appointed by the Minister of Finance".

THE DRIVERS AND VEHICLES ACT

C.C.S.M. c. D104 amended

14(1)       The Drivers and Vehicles Act is amended by this section.

14(2)       Clause 10(1)(d) is amended by striking out "prescribed" and substituting "established".

14(3)       Subsection 15(2) is amended by striking out "or" at the end of clause (a) and adding the following after clause (b):

(c) by sending it to the e-mail address provided by the person to the registrar for the delivery of notices under this Act and the regulations; or

(d) in accordance with a method specified by regulation.

14(4)       Subsection 15(3) is repealed.

14(5)       Subsection 18(9) is amended by striking out "or" at the end of clause (a) and adding the following after clause (b):

(c) by sending it to the e-mail address provided by the person to the registrar for the delivery of notices under this Act and the regulations; or

(d) in accordance with a method specified by regulation.

14(6)       Subsection 18(10) is repealed.

14(7)       Subsection 38(2) is amended by striking out "prescribed under The Manitoba Public Insurance Corporation Act or" and substituting "established under The Manitoba Public Insurance Corporation Act or prescribed in".

14(8)       Subsection 40(6) is amended by striking out "prescribed under The Manitoba Public Insurance Corporation Act or" and substituting "established under The Manitoba Public Insurance Corporation Act or prescribed in".

14(9)       Subsection 56(4) is amended by striking out "prescribed in the regulations under The Manitoba Public Insurance Act" and substituting "established under The Manitoba Public Insurance Act".

14(10)      Clause 72(2)(b) is amended by striking out "prescribed under The Manitoba Public Insurance Corporation Act or" and substituting "established under The Manitoba Public Insurance Corporation Act or prescribed in".

14(11)      Subsection 77(1) is amended

(a) by striking out "prescribed in the regulations" and substituting "established"; and

(b) by striking out "those regulations" and substituting "that Act".

14(12)      Subsection 90(3) is amended by striking out "or" at the end of clause (a) and adding the following after clause (b):

(c) by sending it to the e-mail address provided by the person to the registrar for the delivery of notices under this Act and the regulations; or

(d) in accordance with a method specified by regulation.

14(13)      Subsection 90(4) is repealed.

14(14)      Subsection 93(2) is amended by striking out everything after "subsection 90(3).".

14(15)      Subsection 100(3) is amended by striking out "or" at the end of clause (a) and adding the following after clause (b):

(c) by sending it to the e-mail address provided by the person to the registrar for the delivery of notices under this Act and the regulations; or

(d) in accordance with a method specified by regulation.

14(16)      Subsection 100(4) is repealed.

14(17)      Section 145 is amended

(a) in subsection (1), by striking out "or" at the end of clause (a) and adding the following after clause (b):

(c) if the person has provided the sender with an e-mail address for the delivery of notices under this Act and the regulations, by sending it to that e-mail address; or

(d) in accordance with a method specified by regulation.

(b) by repealing subsection (2).

14(18)      The following is added after section 145:

Evidence of receipt by registered mail

145.1       Evidence that a notice has been given under this Act or the regulations in accordance with the method described in clause 145(b) and that the sender has received an acknowledgment of its receipt is proof, in the absence of evidence to the contrary, that the notice has been received by the person to whom it is addressed.

Evidence of receipt by e-mail

145.2(1)    Subject to subsection (2), evidence that a notice has been given under this Act or the regulations in accordance with the method described in clause 145(c) is proof, in the absence of evidence to the contrary, that the notice has been received by the person to whom it is addressed on the seventh day after the day the notice was sent.

E-mail notice not received

145.2(2)    A notice given in accordance with the method described in clause 145(c) is considered not to have been received by the person to whom it was addressed if

(a) sending the notice triggers an automated response indicating that the notice is not deliverable; or

(b) before the notice was sent, the person has notified the sender in writing that the e-mail address may no longer be used for such notices.

Regulations respecting notices

145.3       The Lieutenant Governor in Council may make regulations

(a) respecting the method of giving any notice, including additional electronic methods, for the purpose of clause 15(2)(d), 18(9)(d), 90(3)(d), 100(3)(d) or 145(1)(d); and

(b) specifying the time at which such a notice is presumed to have been given.

THE FIRES PREVENTION AND EMERGENCY RESPONSE ACT

C.C.S.M. c. F80 amended

15(1)       The Fires Prevention and Emergency Response Act is amended by this section.

15(2)       Subsection 23(3) is replaced with the following:

Delegation by local assistants

23(3)       A local assistant described in clause (1)(a) may delegate his or her powers, duties and functions under this Act

(a) to another employee of the local authority; or

(b) for fire safety inspections only, to another employee of the local authority or a person who has the prescribed qualifications.

15(3)       The following is added after clause 46(1)(h):

(h.1) prescribing the qualifications of persons to whom a local assistant may delegate his or her powers, duties and functions respecting fire safety inspections under clause 23(3)(b);

THE MANITOBA HAZARDOUS WASTE MANAGEMENT CORPORATION ACT

C.C.S.M. c. H15 amended

16          Subsection 18(1) of The Manitoba Hazardous Waste Management Corporation Act is amended by striking out "appointed by the Lieutenant Governor in Council" and substituting "appointed by the Minister of Finance".

THE HIGHWAY TRAFFIC ACT

C.C.S.M. c. H60 amended

17(1)       The Highway Traffic Act is amended by this section.

17(2)       Subsection 242.3(32) is amended by adding the following after clause (a):

(a.1) sent to the e-mail address provided by the person to the sender for the delivery of notices under this Act;

17(3)       Subsection 263.1(10) is replaced with the following:

Service of registrar's letter

263.1(10)    The registrar's letter must be given to the person

(a) by personal service;

(b) by registered mail sent to the person's address as shown in the suspension and disqualification order;

(c) by e-mail sent to the e-mail address provided by the person to the registrar for the delivery of notices under this Act; or

(d) in accordance with a method specified by regulation.

17(4)       Subsection 263.2(12) is replaced with the following:

Registrar's decision

263.2(12)    The registrar must make a decision within seven days of considering the application or holding the hearing. The decision must be in writing.

Copy of decision

263.2(13)    The registrar must promptly give written notice of the decision to the person

(a) by ordinary mail sent to the person's last known address as shown in the records maintained by the registrar and to the address shown in the application, if different from the address of record;

(b) by e-mail sent to the e-mail address provided by the person to the registrar for the delivery of notices under this Act; or

(c) in accordance with a method specified by regulation.

17(5)       Subsection 273(3) is replaced with the following:

Service of notice

273(3)      A notice referred to in subsection (2) must be given to the person

(a) by personal service;

(b) by registered mail sent to the person's last known address as shown in the records maintained by the registrar;

(c) by e-mail sent to the e-mail address provided by the person to the registrar for the delivery of notices under this Act; or

(d) sent in accordance with a method specified by regulation.

17(6)       Subsection 273.2.1(3) is replaced with the following:

Giving notice

273.2.1(3)   The notice must be given to the person at least 30 days before the date specified in the notice, using one of the following methods:

(a) personal service;

(b) ordinary mail;

(c) e-mail sent to the e-mail address given by the person to the sender for the delivery of notices under this Act;

(d) a method specified by regulation.

17(7)       Subsection 273.3(3) is replaced with the following:

Service of notice

273.3(3)    The notice must be given to the person

(a) by personal service;

(b) by registered mail sent to the person's last known address as shown in the records maintained by the registrar;

(c) by e-mail sent to the e-mail address provided by the person to the registrar for the delivery of notices under this Act; or

(d) in accordance with a method specified by regulation.

17(8)       Subsection 276(2) is replaced with the following:

Manner and effect of giving notice of suspension

276(2)      The notice referred to in subsection (1) must be in writing and must be given to the person who is to receive the notice

(a) by personal service;

(b) by registered mail sent to the person's last known address as shown in the records maintained by the registrar;

(c) by e-mail sent to the e-mail address provided by the person to the registrar for the delivery of notices under this Act; or

(d) in accordance with a method specified by regulation.

17(9)       The centred heading before section 329 is replaced with "DECLARATIONS, AFFIDAVITS AND NOTICES".

17(10)      Section 330 is replaced with the following:

Method of giving notice

330         When, under this Act, a notice of anything is required or authorized to be given to any person and the method of giving notice is not specified, the notice must be in writing, and the person required or authorized to give it must do so

(a) by serving the notice personally on the person to be given the notice;

(b) by mailing or delivering the notice to that person at the address last known to the person giving the notice, using a mail or delivery service that provides the person giving the notice with an acknowledgment of receipt;

(c) if the person has provided the sender with an e-mail address for the delivery of notices under this Act, by sending it to that e-mail address; or

(d) by sending it in accordance with a method specified by regulation.

Evidence of receipt by registered mail

330.1       Evidence that a notice or other document has been given under this Act in accordance with the method described in clause 330(b) and that the sender has received an acknowledgment of its receipt is proof, in the absence of evidence to the contrary, that the notice or document has been received by the person to whom it is addressed.

Evidence of receipt by e-mail

330.2(1)    Subject to subsection (2), evidence that a notice or other document has been given under this Act in accordance with the method described in clause 330(c) is proof, in the absence of evidence to the contrary, that the notice or document has been received by the person to whom it is addressed on the seventh day after the day the notice is sent.

E-mail notice not received

330.2(2)    A notice given in accordance with the method described in clause 330(c) is considered not to have been received by the person to whom it is addressed if

(a) sending the notice triggers an automated response indicating that the notice is not deliverable; or

(b) before the notice was sent, the person has notified the sender in writing that the e-mail address may no longer be used for such notices.

Regulations respecting notices

330.3       The Lieutenant Governor in Council may make regulations

(a) respecting the method of giving any notice or document, including additional electronic methods, for the purpose of clause 263.1(10)(d), 263.2(13)(c), 273(3)(d), 273.2.1(3)(d), 273.3(3)(d), 276(2)(d) or 330(d);

(b) specifying the time at which such a notice or document is presumed to have been given.

THE HIGHWAYS AND TRANSPORTATION CONSTRUCTION CONTRACTS DISBURSEMENT ACT

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

18(1)       The Highways and Transportation Construction Contracts Disbursement Act is amended by this section.

18(2)       The title is amended by striking out "HIGHWAYS AND TRANSPORTATION CONSTRUCTION" and substituting "INFRASTRUCTURE".

18(3)       Section 1 is amended by replacing the definition "contract" with the following:

"contract" means a contract between the department and a contractor for the construction, alteration, repair or improvement of

(a) a transportation facility, including a highway, bridge, airstrip, dock and ferry terminal, or

(b) water control works as defined in The Water Resources Administration Act,

and includes a contract for the provision of services, as defined in The Builders' Liens Act, in respect of such construction, alteration, repair or improvement; (« contrat »)

18(4)       The following is added after section 15:

C.C.S.M. reference

16           This Act may be cited as The Infrastructure Contracts Disbursement Act and referred to as chapter I36 of the Continuing Consolidation of the Statutes of Manitoba.

Transitional

18(5)       Subsection (3) does not apply to a contract entered into as a result of an invitation to tender that was first advertised in accordance with subsection 22(2) of The Highways and Transportation Act or subsection 19(2) of The Water Resources Administration Act before the date that this section comes into force.

THE HORSE RACING COMMISSION ACT

C.C.S.M. c. H90 amended

19          Subsection 8(2) of The Horse Racing Commission Act is amended by striking out "Lieutenant Governor in Council may appoint" and substituting "Minister of Finance may appoint".

THE HOSPITAL CAPITAL FINANCING AUTHORITY ACT

R.S.M. 1987, c. H125 repealed

20           The Hospital Capital Financing Authority Act, R.S.M. 1987, c. H125, is repealed.

Consequential amendments, C.C.S.M. c. C20

21(1)       The CancerCare Manitoba Act is amended by this section.

21(2)       Subsection 15(1.1) is amended by striking out "Subject to The Hospital Capital Financing Authority Act" and substituting "With the approval of the Minister of Finance".

21(3)       Subsection 15(6) is amended by striking out "whose issuance is authorized under The Hospital Capital Financing Authority Act" and substituting "issued by the corporation".

Consequential amendment, C.C.S.M. c. H26

22          Subsection 24(2) of The District Health and Social Services Act is amended by striking out "The Hospital Capital Financing Authority Act and".

Consequential amendments, C.C.S.M. c. R34

23(1)       The Regional Health Authorities Act is amended by this section.

23(2)       The definition "securities" in section 1 is repealed.

23(3)       Subsection 43(2) is amended by striking out "and to The Hospital Capital Financing Authority Act".

THE MANITOBA HYDRO ACT

C.C.S.M. c. H190 amended

24          Subsection 44(1) of The Manitoba Hydro Act is amended by striking out "appointed by the Lieutenant Governor in Council" and substituting "appointed by the Minister of Finance".

THE MANITOBA LIQUOR AND LOTTERIES CORPORATION ACT

C.C.S.M. c. L155 amended

25          Section 16 of The Manitoba Liquor and Lotteries Corporation Act is amended by striking out "appointed by the Lieutenant Governor in Council" and substituting "appointed by the Minister of Finance".

THE MUNICIPAL ACT

C.C.S.M. c. M225 amended

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

26(2)       Section 176 is amended by striking out "A municipality" and substituting "Subject to the regulations, a municipality".

26(3)       Subsection 185(2) is amended by striking out "or (c)".

26(4)       Section 186 is amended

(a) in subsection (1), by adding "and" at the end of clause (a), striking out "and" at the end of clause (b) and repealing clause (c); and

(b) in subsection (2), by striking out "clauses (1)(b) and (c), the auditor is not required to examine the financial affairs of a body referred to in those clauses" and substituting "clause (1)(b), the auditor is not required to examine the financial affairs of a body referred to in that clause".

26(5)       Subsection 187(2) and section 195 are amended by striking out "clauses 186(1)(b) and (c)" and substituting "clause 186(1)(b)".

26(6)       Clause 288(d) is amended by striking out "subsections 291(2) and (3)" and substituting "subsection 291(3)".

26(7)       Subsection 290(1) is amended by adding "and" at the end of clause (a) and repealing clause (b).

26(8)       Subsection 290(2) is amended by striking out "the member of the Executive Council charged with the administration of The Highways and Transportation Act" and substituting "the minister".

26(9)       Subsection 291(2) is repealed.

26(10)      Subsection 418(1) is amended by adding the following after clause (a):

(a.1) for the purpose of section 176, prescribing borrowings that must be approved by The Municipal Board, including prescribing different requirements for approvals based on the amount to be borrowed, the term of the proposed borrowing, the proposed use of the borrowed amounts or the form of the proposed borrowing, or any combination of amount, term, use or form of the proposed borrowing;

THE OFF-ROAD VEHICLES AMENDMENT ACT

S.M. 2002, c. 42 (unproclaimed provisions repealed)

27          Sections 6 and 24 of The Off-Road Vehicles Amendment Act, S.M. 2002, c. 42, are repealed.

THE PHARMACEUTICAL ACT

C.C.S.M. c. P60 amended

28          Section 74 of The Pharmaceutical Act is replaced with the following:

Consultation

74(1)       Before making a regulation under subsection 73(1), the council must

(a) provide a copy of the proposed regulation, for review and comment, to

(i) the members of the college,

(ii) the minister, and

(iii) any other person the council considers necessary; and

(b) consider the comments received.

Approval of regulations

74(2)       A regulation under subsection 73(1) does not come into force until it is approved by the Lieutenant Governor in Council.

THE PLANNING AND LAND DEDICATION FOR SCHOOL SITES ACT (VARIOUS ACTS AMENDED)

S.M. 2011, c. 38 (unproclaimed provisions repealed)

29          The following provisions of The Planning and Land Dedication for School Sites Act (Various Acts Amended), S.M. 2011, c. 38, are repealed:

(a) section 5 insofar as it enacts section 259.1;

(b) sections 11 to 13;

(c) section 14 insofar as it enacts section 137.1;

(d) sections 15, 16 and 18;

(e) section 19 insofar as it enacts section 68.1;

(f) subsections 21(2) and 22(2).

THE MANITOBA PUBLIC INSURANCE CORPORATION ACT

C.C.S.M. c. P215 amended

30(1)       The Manitoba Public Insurance Corporation Act is amended by this section.

30(2)       Subsection 1(1) is amended

(a) by repealing the definition "basic premium" ; and

(b) by adding the following definition:

"plan premium" means a premium paid or to be paid for an owner's certificate under a plan of universal compulsory automobile insurance or extension insurance, and includes any discount or additional amount established under subsection 6.1(3); (« prime du régime »)

30(3)       The following is added after section 6:

Plan premiums

6.1(1)      For the period after February 28, 2019, the corporation must establish plan premiums for the plans it operates and administers under clause 6(1)(b).

Classes

6.1(2)      Without limitation, the corporation may establish plan premiums with reference to the type, use, operation and age of motor vehicles and trailers, including their use within a region, and for that purpose may

(a) create classes and sub-classes of motor vehicles and trailers, and regions; and

(b) establish different plan premiums for different classes, sub-classes or regions.

Discounts and additional amounts

6.1(3)      The corporation may establish discounts from the plan premiums otherwise payable, and may establish additional amounts that must be paid as part of plan premiums, by an insured or an applicant for insurance, based on the driver safety rating system established by the regulations.

Publication

6.1(4)      The corporation must ensure that its plan premiums are

(a) published on a website maintained by the corporation; and

(b) made publicly available through other reasonable means.

Premiums are not regulations

6.1(5)      For certainty, the corporation's plan premiums are not regulations within the meaning of The Statutes and Regulations Act.

Transition

6.1(6)      The Automobile Insurance Certificates and Rates Regulation, Manitoba Regulation 23/2017, is repealed on March 1, 2019.

Premium payable

6.2         The premium payable for an owner's certificate is the plan premium established by the corporation for the owner's certificate for the applicable motor vehicle or trailer, as determined by the corporation.

Separation of compulsory and extended businesses

6.3         The corporation must ensure that the revenue from its plans of universal compulsory automobile insurance and its other revenues are not used to subsidize the corporation's plans of extension insurance.

PUB approval of plan premiums for universal compulsory automobile insurance

6.4(1)      The corporation's plan premiums for its plans of universal compulsory automobile insurance must not be changed, and no new plan premiums for such insurance may be established by the corporation, except in accordance with this section.

Application for review by the PUB

6.4(2)      The corporation must apply to The Public Utilities Board for approval before changing an existing plan premium, or establishing a new plan premium, for its plans of universal compulsory automobile insurance.

Board may approve or vary plan premiums

6.4(3)      The Public Utilities Board may either approve or vary the plan premiums applied for by the corporation, and must make its decision in accordance with Part 4 of The Crown Corporations Governance and Accountability Act.

30(4)       Subsection 14(2) is amended by striking out "for which premiums are prescribed in the regulations".

30(5)       Subsection 17(1) is amended by repealing the part after clause (b).

30(6)       Subsection 17(3) is amended by striking out "appointed by the Lieutenant Governor in Council" and substituting "appointed by the Minister of Finance".

30(7)       Clause 33(1)(c) is replaced with the following:

(c) establishing classes and sub-classes of drivers, by regions or otherwise, and prescribing the base driver premiums and additional driver premiums payable by drivers according to their class or sub-class;

30(8)       Subsection 33(1.1) is replaced with the following:

Review by PUB

33(1.1)     No regulation changing the amount of an additional driver premium, a base driver premium or a discounted driver premium — together being the premiums charged by the corporation for compulsory driver insurance — may be made under subsection (1) unless the Lieutenant Governor in Council is satisfied that the proposed change has been approved by The Public Utilities Board in accordance with Part 4 of The Crown Corporations Governance and Accountability Act.

30(9)       Subsection 36(2) is amended by striking out "either personally delivered or forwarded by registered mail to the last known address of the insured a copy of such notice" and substituting "sent a copy of the notice".

30(10)      The following is added after subsection 36(2):

Sending notice

36(2.1)     A notice may be sent for the purpose of subsection (2) by ordinary mail or e-mail to the last known address of the insured that appears in the corporation's records.

30(11)      Subsection 39(8) is amended by striking out "either personally delivered or forwarded by registered mail to the last known address of the owner or driver, as the case may be, a demand for reimbursement of the amount that the corporation has paid, the owner or driver, as the case may be," and substituting "sent to that owner or driver a demand for reimbursement of the amount that the corporation has paid, the owner or driver".

30(12)      The following is added after subsection 39(8):

Sending demand

39(8.1)     A demand may be sent for the purpose of subsection (8) by ordinary mail or e-mail to the last known address of the owner or driver.

30(13)      Subsection 40(6) is amended by striking out "personally delivered or forwarded by registered mail, to the last known address of the insured," and substituting "sent to the insured".

30(14)      The following is added after subsection 40(6):

Sending demand

40(6.1)     A demand may be sent for the purpose of subsection (6) by ordinary mail or e-mail to the last known address of the insured that appears in the corporation's records.

30(15)      Clause 48(1)(b) is amended by striking out "basic premium prescribed in the regulations" and substituting "applicable plan premium payable under section 6.2".

30(16)      Subsection 65(3) is amended by replacing the part after clause (b) with the following:

The corporation must notify the applicant about the result of the review by ordinary mail or e-mail sent to the last known address of the applicant that appears in the corporation's records.

30(17)      Subsection 65(8) is amended

(a) in clause (a), by striking out "registered letter" and substituting "ordinary mail or e-mail";

(b) in the part after clause (b), by striking out "the registered letter is mailed to the applicant" and substituting "notice of the hearing is sent to the applicant as required under clause (a)"; and

(c) in the French version, by striking out "entre 10 et 20 jours" and substituting "de 10 à 20 jours".

30(18)      The following is added after section 182:

Dismissal for failure to pursue appeal

182.1(1)    Despite subsection 182(1), the commission may dismiss all or part of an appeal at any time if the commission is of the opinion that the appellant has failed to diligently pursue the appeal.

Opportunity to be heard

182.1(2)    Before making a decision under subsection (1), the commission must give the appellant the opportunity to make written submissions or otherwise be heard in respect of the dismissal.

Informing parties of decision

182.1(3)    The commission must give the appellant and the corporation a copy of the decision made under subsection (1), with written reasons.

30(19)      Subsection 184.1(1) is amended in the part before clause (a) by striking out "sections 182 and 184" and substituting "sections 182, 182.1 and 184".

Transitional

30(20)      Subsections (18) and (19) apply to an appeal that has been filed under section 174 of the former Act but not finally disposed of on the day this section comes into force.

Meaning of "former Act"

30(21)      In subsection (20), "former Act" means The Manitoba Public Insurance Corporation Act as it read immediately before the coming into force of this section.

THE PUBLIC SCHOOLS ACT

R.S.M. 1987, c. P250 (unproclaimed provision repealed)

31          Clause 41(1)(q) of The Public Schools Act, as enacted by R.S.M. 1987, c. P250, is repealed.

THE PUBLIC SCHOOLS AMENDMENT ACT

S.M. 1989-90, c. 49 (unproclaimed provision repealed)

32          Section 17 of The Public Schools Amendment Act, S.M. 1989-90, c. 49, is repealed.

THE REAL ESTATE SERVICES ACT

S.M. 2015, c. 45 (unproclaimed provision amended)

33          Subsection 65(2) of The Real Estate Services Act, as enacted by S.M. 2015, c. 45, is amended

(a) in the section heading, by adding "fraud or criminal" before "misconduct"; and

(b) in clause (a), by striking out ", including, in the case of a registrant, an act of professional misconduct or conduct unbecoming a registrant".

THE REGULATED HEALTH PROFESSIONS ACT

S.M. 2009, c. 15 (unproclaimed provision repealed)

34          Section 211 of The Regulated Health Professions Act, as enacted by S.M. 2009, c. 15, is repealed.

THE RESIDENTIAL TENANCIES ACT

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

35(1)       The Residential Tenancies Act is amended by this section.

35(2)       Clause 26(1)(f) is amended by striking out "the rent increase" and substituting "a rent increase that exceeds the maximum increase permitted by the regulations".

35(3)       Subsection 106.1(4) is replaced with the following:

Property of little value

106.1(4)    A landlord does not have to comply with subsection (3) and may give an item of abandoned property to a charitable or other non-profit organization, or dispose of it, if the landlord is reasonably satisfied that the costs of storing and selling the item would exceed its expected sale proceeds.

35(4)       Clause 107.1(a) is amended by striking out "clause 106.1(4)(a) or" and substituting "subsection 106.1(4) or clause".

35(5)       Subsection 120(2) is amended by striking out "Subject to sections 121 and 122, a landlord" and substituting "A landlord".

35(6)       Sections 121 and 122 and clause 147(2)(c) are repealed.

35(7)       Section 124 is replaced with the following:

Objection by tenant

124         A tenant who receives notice under subsection 25(1) of a rent increase referred to in subsection 123(2) may, not later than 60 days before the effective date of the intended increase, file an objection with the director on the ground that the rent increase is not justified for one or more of the following reasons:

(a) the landlord is not maintaining the rental unit or residential complex;

(b) the landlord has reduced or withdrawn a service and facility;

(c) the landlord is not meeting any other obligation under a tenancy agreement or this Act;

(d) the tenant believes the landlord's costs have not increased;

(e) any other prescribed reason.

Transitional — abandoned personal property

35(8)       If a tenant vacates, abandons or is evicted from a rental unit or residential complex before this section comes into force, sections 106.1 and 107.1 of the former Act continue to apply to abandoned property left by the tenant in that unit or complex.

Transitional — objection by tenant to rent increase

35(9)       A tenant who, before the coming into force of this section, has been given notice of a rent increase under subsection 25(1) may object to the increase, and sections 120 to 122 and 124 of the former Act apply.

Meaning of "former Act"

35(10)      In subsections (8) and (9), "former Act" means The Residential Tenancies Act as it read immediately before the coming into force of this section.

THE SPECIAL OPERATING AGENCIES FINANCING AUTHORITY ACT

C.C.S.M. c. S185 amended

36          Section 22 of The Special Operating Agencies Financing Authority Act is amended by striking out "appointed by the Lieutenant Governor in Council" and substituting "appointed by the Minister of Finance".

THE STEAM AND PRESSURE PLANTS ACT

C.C.S.M. c. S210 amended

37(1)       The Steam and Pressure Plants Act is amended by this section.

37(2)       Section 1 is amended by adding the following definition:

"chief inspector" means the chief inspector appointed under section 20; (« inspecteur en chef »)

37(3)       Subsection 3(1) is amended by striking out "a regular inspection to be made of all plants and pressure vessels" and substituting "all plants and pressure vessels to be inspected".

37(4)       Subsection 3(2) is repealed.

37(5)       Subsection 3(3) is replaced with the following:

Regular inspections

3(3)        A plant and a pressure vessel are to be inspected at such intervals as may be determined by the chief inspector, which must, as far as practicable, not exceed the intervals prescribed in the regulations.

37(6)       Section 4 is repealed.

37(7)       Subsection 5(1) is amended by striking out "minister, he" and substituting "chief inspector, the chief inspector".

37(8)       Subsection 5(2) is amended by adding ", as that date is determined in accordance with the regulations" at the end.

37(9)       Subsection 13(1) is amended by striking out "minister" and substituting "chief inspector".

37(10)      Subsection 13(2) is amended in the part before clause (a) by striking out "minister" and substituting "chief inspector".

37(11)      Subsection 15(1) is amended by striking out "minister" and substituting "chief inspector".

37(12)      Subsection 15(2) is amended by striking out "minister; and he shall" and substituting "chief inspector, and the owner must".

37(13)      Section 19 is amended by renumbering it as subsection 19(1) and adding the following after clause (b):

(b.1) respecting inspection intervals for plants and pressure vessels, which may be different for different classes of plants and pressure vessels;

(b.2) respecting the duration of inspection certificates, which may be different for different classes of plants and pressure vessels;

37(14)      The following is added as subsection 19(2):

Minister to consider risk

19(2)       When making a recommendation to the Lieutenant Governor in Council respecting regulations under clause (1)(b.1) , the minister must have regard for the need to ensure that the frequency of inspections reasonably reflects the degree of risk posed by the respective classes of plants and pressure vessels.

37(15)      The following is added after section 20:

Delegation by chief inspector

20.1        The chief inspector may, in writing, delegate to an inspector, officer or employee any of the powers, duties or functions conferred or imposed on the chief inspector by this Act.

THE STUDENT AID ACT

C.C.S.M. c. S211 amended

38(1)       The Student Aid Act is amended by this section.

38(2)       Subsection 5(1) is amended by renumbering it as section 5 and replacing everything before clause (a) with the following:

Annual report

5           The minister must include in the annual report of the minister's department a report on the operations of The Manitoba Student Aid Program, and the report must include the following information in respect of the most recently completed program year:

38(3)       Subsection 5(2) is repealed.

THE THRESHERS' LIENS ACT

C.C.S.M. c. T60 amended

39          Section 17 of The Threshers' Liens Act is repealed.

THE TRADE PRACTICES INQUIRY ACT

R.S.M. 1987, c. T110 repealed

40          The Trade Practices Inquiry Act, R.S.M. 1987, c. T110, is repealed.

THE UNIVERSITÉ DE SAINT-BONIFACE ACT

C.C.S.M. c. U50 amended

41          Subsection 26(1) of The Université de Saint-Boniface Act is amended by striking out "appointed by the Lieutenant Governor in Council" and substituting "appointed by the Minister of Finance".

THE UNIVERSITY OF WINNIPEG ACT

C.C.S.M. c. U70 amended

42          Section 31 of The University of Winnipeg Act is amended by striking out "appointed by the Lieutenant Governor in Council" and substituting "appointed by the Minister of Finance".

THE WATER RESOURCES ADMINISTRATION ACT

C.C.S.M. c. W70 amended

43(1)       The Water Resources Administration Act is amended by this section.

43(2)       Subsection 19(1) is amended by striking out "and sealed with the seal of the department" and substituting "or her".

43(3)       Subsection 19(2) of the English version is amended by adding "or her" after "his".

43(4)       Subsection 19(3) of the English version is amended by adding "or she" after "he".

THE WORKER RECRUITMENT AND PROTECTION ACT

C.C.S.M. c. W197 amended

44(1)       The Worker Recruitment and Protection Act is amended by this section.

44(2)       The following provisions are repealed:

(a) subsections 2(1) and (1.1);

(b) clause 3(1)(a) and subsection 3(3).

44(3)       Subsection 9(2) is amended in the part before clause (a) by striking out "an employment agency business,".

44(4)       The following is added after subsection 18(2):

Records re temporary help agencies and employment agencies

18(3)       A temporary help agency and a person engaged in an employment agency business must

(a) prepare

(i) complete and accurate financial records respecting their operations in Manitoba, and maintain them for at least three years after the records are made, and

(ii) any other records and documents described in the regulations, and maintain them for the period specified in the regulations; and

(b) make the records referred to in clause (a) available for inspection by an officer at a time and place, in Manitoba, specified by the officer.

44(5)       Subsection 20(1) is amended

(a) in clause (a), by adding ", employment agency business, temporary help agency" after "licensee"; and

(b) in the part after clause (b), by adding ", employment agency business, temporary help agency" after "licensee".

44(6)       Subsection 20(5) is amended by adding ", employment agency business, temporary help agency" after "licensee".

44(7)       Clause 29(m) is amended by adding ", temporary help agencies, persons engaged in employment agency businesses" after "licensees".

44(8)       The centred heading before section 30 is amended by striking out "TRANSITIONAL PROVISIONS, REPEAL" and substituting "REPEAL,".

44(9)       Section 30 is repealed.

COMING INTO FORCE

Coming into force: royal assent

45(1)       Subject to subsections (2) and (3), this Act comes into force on the day it receives royal assent.

Coming into force: proclamation

45(2)       Sections 26, 35 and 37 come into force on a day to be fixed by proclamation.

Coming into force: March 1, 2019

45(3)       Subsections 30(2), (3), (7), (8) and (15) come into force on March 1, 2019.

Explanatory Note

This Bill amends several Acts and repeals four Acts to reduce or eliminate regulatory requirements or prohibitions and to streamline government operations.

The Builders' Liens Act

Contracts and subcontracts that are subject to The Infrastructure Contracts Disbursement Act are no longer subject to liens under this Act.

The Buildings and Mobile Homes Act

A simpler process is established for municipalities to issue permits for designated classes of buildings.

The Child and Family Services Amendment and Consequential Amendments Act

Unproclaimed provisions are repealed relating to a court application for the removal of a person's name from the Child Abuse Registry because they do not pose a risk to children.

The Child and Family Services Authorities Act

An unproclaimed provision dealing with the relationship between authorities in the delivery of child and family services through an agency is repealed.

The City of Winnipeg Charter

The City of Winnipeg no longer reports to the minister on its consultation with school boards about Plan Winnipeg.

The Consumer Protection Act

Forms under this Act, such an application form for a vendor, direct seller, payday lender or collection agent licence, may now be approved by the Director of the Consumer Protection Office. The forms no longer need to be set out in regulation.

The Dairy Act

The statutory requirement for a dairy plant licence is removed.

The Dangerous Goods Handling and Transportation Act

A hazardous waste facility that is licensed under The Environment Act no longer requires a licence under this Act as well.

The Drivers and Vehicles Act

Certain notices may be sent by e-mail or by a communication method described in regulation. Amendments are also made to reflect that motor vehicle insurance premiums are no longer established by regulation under The Manitoba Public Insurance Corporation Act.

The Fires Prevention and Emergency Response Act

A local assistant is able to delegate the performance of fire safety inspections to persons who have the qualifications set out in regulation.

The Highway Traffic Act

Certain notices may be sent by e-mail or a communication method described in regulation.

The Highways and Transportation Construction Contracts Disbursement Act

This Act is renamed The Infrastructure Contracts Disbursement Act. It now applies to water control works contracts under The Water Resources Administration Act, which were previously subject to The Builders' Liens Act.

The Municipal Act

A borrowing of a municipality that is less than the threshold established in regulation no longer requires approval of the Municipal Board. Entities that receive grants from a municipality are no longer required to have their financial statements audited. While the minister continues to receive notice of a proposed closing of a municipal road, the minister does not need to pre-approve the closure.

The Off-Road Vehicles Amendment Act

An unproclaimed requirement for identification decals on snowmobiles is repealed.

The Pharmaceutical Act

The requirement for a majority of the members of the College of Pharmacists to approve a proposed regulation is removed.

The Planning and Land Dedication for School Sites Act (Various Acts Amended)

Unproclaimed provisions concerning land for school sites are repealed.

The Manitoba Public Insurance Corporation Act

Motor vehicle insurance premiums are no longer established by regulation, but the premiums for universal compulsory automobile insurance continue to be subject to the approval of the Public Utilities Board.

The Automobile Injury Compensation Appeal Commission may, without a hearing, dismiss an inactive and abandoned appeal about benefits.

Certain documents may be sent by ordinary mail or e-mail instead of by registered mail.

The Public Schools Act

Unproclaimed provisions from the 1980s relating to home schooling and screening assessments are repealed.

The Real Estate Services Act

An unproclaimed provision relating to the reimbursement fund is amended to restrict its scope to fraud, criminal misconduct and bankruptcy claims.

The Regulated Health Professions Act

An unproclaimed requirement for a majority of the members of the College of Pharmacists to approve a proposed regulation under this Act is repealed.

The Residential Tenancies Act

Requirements imposed on landlords for abandoned property disposal are simplified. In addition, a tenant may now object only to rent increases above the maximum permitted by regulation.

The Steam and Pressure Plants Act

The frequency for inspecting steam plants and pressure vessels, and the duration of inspection certificates, are to be established in regulation. Inspection certificates are issued by the chief inspector, and the chief inspector is given a delegation power. Requirements concerning records and notices related to inspections are simplified or eliminated.

The Student Aid Act

An annual report on Manitoba's student aid program is to be included in the annual report of the department.

The Threshers' Liens Act

A provision that requires a copy of the Act provided by the Queen's Printer to be affixed to every threshing machine operating anywhere in Manitoba is repealed.

The Water Resources Administration Act

Contracts entered into by Manitoba Infrastructure are no longer required to be sealed with the departmental seal.

The Worker Recruitment and Protection Act

The statutory requirements for an employment agency business licence and temporary help agency licence are repealed.

Other amendments

Eleven Acts are amended to change the auditor appointment process. An auditor of the particular government body may now be appointed by the Minister of Finance instead of by Cabinet.

Acts repealed

The Hospital Capital Financing Authority Act, the unproclaimed Consumer Protection Amendment Act (Contracts for Distance Communication Services), The Dauphin Boys' and Girls' Band Act and The Trade Practices Inquiry Act are repealed.

Consequential amendments

Three Acts are amended to remove references to a repealed Act.