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4th 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 32

AN ACT CONCERNING THE LEASING OF 800 ADELE AVENUE, WINNIPEG


  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:

Definition

1(1)        In this Act, "800 Adele Avenue lease agreement" means the lease agreement respecting the premises located at 800 Adele Avenue, Winnipeg, Manitoba, dated October 8, 2008, between

(a) 5185603 Manitoba Ltd., as Landlord; and

(b) the First Nations of Southern Manitoba Child and Family Services Authority, as Tenant.

References to Southern Authority

1(2)        The name of the First Nations of Southern Manitoba Child and Family Services Authority, as established under The Child and Family Services Authorities Act, S.M. 2002, c. 35, was changed to the Southern First Nations Network of Care under section 4 of The Statutes Correction and Minor Amendments Act, 2015, S.M. 2015, c. 43. As a result, any reference to the First Nations of Southern Manitoba Child and Family Services Authority in the 800 Adele Avenue lease agreement is deemed to be a reference to the Southern First Nations Network of Care.

Lease agreement terminated

2           Despite its terms, the 800 Adele Avenue lease agreement is hereby terminated effective November 30, 2019.

No cause of action

3(1)        No cause of action arises as a direct or indirect result of the enactment of this Act or any provision of it.

No remedy

3(2)        No costs, compensation or damages are owing or payable to any person and no remedy, including but not limited to a remedy in contract, restitution, tort, misfeasance, bad faith or trust or for a breach of fiduciary duty, is available to any person in connection with the application of this Act.

Proceedings barred

3(3)        No action or other proceeding, including but not limited to any action or proceeding in contract, restitution, tort, misfeasance, bad faith or trust or for a breach of fiduciary duty, that is directly or indirectly based on or related to the application of this Act may be brought or maintained against any person.

Definition of "person"

3(4)        In subsection (3), "person" includes, but is not limited to,

(a) the Southern First Nations Network of Care, and its current and former directors, officers, employees and agents; and

(b) the Crown in right of Manitoba, and its current and former officers, employees and agents and any current or former member of the Executive Council.

Application — before and after coming into force

3(5)        This Act applies regardless of whether the cause of action on which the proceeding is allegedly based arose before or after the coming into force of this Act.

Proceedings dismissed

3(6)        Any action or other proceeding referred to in this Act commenced before the day this Act comes into force is deemed to have been dismissed, without costs, on the day this Act comes into force.

No entitlement to compensation

3(7)        Despite any other Act or law, no person is entitled to be compensated for any loss or damages, including loss of revenues, loss of goodwill, loss of profit or loss of expected earnings or denial or reduction of compensation that would have been payable to any person, arising from the application of this Act or anything done in accordance with this Act.

No expropriation

3(8)        For greater certainty, no taking, expropriation or injurious affection occurs as a result of the application of this Act.

No admission, etc.

3(9)        Nothing in this section acknowledges, admits, validates or recognizes a cause of action or proceeding referred to in this Act.

Coming into force

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

Explanatory Note

This Bill terminates the lease of 800 Adele Avenue, Winnipeg, that was entered into by the First Nations of Southern Manitoba Child and Family Services Authority (now known as the Southern First Nations Network of Care). The termination is effective November 30, 2019.