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The Re-enacted Statutes of Manitoba, 1988, Act

S.M. 1988-89, c. 1

Bill 4, 1st Session, 34th Legislature

The Re-enacted Statutes of Manitoba, 1988, Act

(Assented to October 19, 1988)

WHEREAS by judgment of the Supreme Court of Canada dated June 13, 1985, the statutes of Manitoba that were not enacted in English and in French were declared to be invalid subject to a period of temporary validity to permit re-enactment in English and in French;

AND WHEREAS by order of the Supreme Court of Canada dated November 4, 1985, the expiry of the period of temporary validity was fixed at December 31, 1988, for the Acts in the Continuing Consolidation of the Statutes of Manitoba;

AND WHEREAS the Attorney General has caused those Acts set out in the roll to be prepared in English and in French;

AND WHEREAS it is expedient to confirm the roll and to give the statutes set out therein the force and effect of law as the Re-enacted Statutes of Manitoba, 1988, subject to the limitations herein stated;

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

Definitions

1           In this Act,

"Re-enacted Statutes" or "Re-enacted Statutes of Manitoba, 1988," means the revised and consolidated statutes set out in the roll; («Lois réadoptées» ou «Lois réadoptées du Manitoba de 1988»)

"roll" means the statutes contained in the roll, each volume of which has been signed at the beginning by the Attorney General and tabled in the Legislative Assembly. («recueil»)

Confirmation of roll as R.S.M. 1988

2(1)        Subject to subsections (2), (3), and (4) and to the exceptions and limitations hereinafter mentioned, the roll and the several parts and sections therein contained, being comprised within the chapters numbered from C120 to W150, both inclusive, as therein set out, are hereby declared to be, and are, law by the designation, the "Re-enacted Statutes of Manitoba, 1988", to all intents and purposes as though the roll and those revised and consolidated statutes therein contained, and the several chapters, parts, and sections thereof, were expressly embodied in, and enacted by, this Act.

Date of coming into force

2(2)        Subject as herein otherwise provided, the Re-enacted Statutes of Manitoba, 1988, shall come into force, and have operation and effect as law, as herein provided on the day this Act receives the royal assent.

Acts to be proclaimed

2(3)        Where any Act included in the Re-enacted Statutes of Manitoba, 1988, contains a provision stating that the Act or any portion thereof is to come into force only on a day fixed by proclamation, that Act or that portion thereof shall not be deemed to be in force solely by reason of subsection (1) but the Act or portion thereof comes into force only on the day fixed by proclamation for the coming into force thereof as provided in that Act and the power to issue such a proclamation may be exercised at any time after this Act comes into force but no such proclamation has effect prior to the coming into force of the Re-enacted Statutes of Manitoba.

Effect of power to make regulations

2(4)        Where any Act included in the Re-enacted Statutes of Manitoba, 1988, or any provision thereof confers power to make regulations or to prescribe forms, that power, for the purpose of making the Act or the provision effective at the date of its coming into force, may be exercised at any time after this Act comes into force but any regulation or form so made or prescribed does not come into force or have effect until the Act conferring the power comes into force.

Citation

3           Any chapter of the Re-enacted Statutes of Manitoba, 1988, may be cited and referred to in any Act or proceeding either by its title as an Act or as "Re-enacted Statutes of Manitoba, 1988, Chapter___" or "R.S.M. 1988 Cap___" (in each case inserting the number of the Act as set out in the roll).

Continuing Consolidation

4           Every Re-enacted Statute of Manitoba, 1988, is part of the Continuing Consolidation of the Statutes of Manitoba and may, in addition to the designation set out in section 3, be cited as "Continuing Consolidation of the Statutes of Manitoba, Chapter___" or "CCSM Cap. ___" (in each case inserting the number of the Act as set out in the roll).

Repeal

5           The Acts listed in the Schedule are repealed.

Effect of repeal

6           The repeal of the Acts listed in the Schedule does not

(a) revive any Act or provision of law repealed by them;

(b) affect any saving clause in the Acts or parts of Acts so repealed; or

(c) prevent the application of any of those Acts or parts of Acts, or of any Act or provision of law formerly in force, to any transaction, matter or thing anterior to the repeal to which they would otherwise apply.

Effect of repeal

7(1)        The repeal of the Acts listed in the Schedule does not defeat, disturb, invalidate, or affect

(a) any penalty, forfeiture or liability, civil or criminal, incurred before the time of the repeal or any proceedings for enforcing it had, done, completed, or pending, at the time of the repeal;

(b) any indictment, information, conviction, order, sentence, or prosecution, had, done, completed, or pending, at the time of the repeal;

(c) any action, suit, judgment, decree, certificate, execution, distress, process, order, or rule, or any proceeding, matter, or thing respecting it had, pending, existing, or in force, at the time of the repeal;

(d) any act, deed, right, title, interest, grant, assurance, descent, will, registry, filing, by-law, rule, order-in-council, proclamation, regulation, order, contract, lien, charge, status, capacity, immunity, matter, or thing had, done, made, acquired, established, or existing, at the time of the repeal;

(e) any office, appointment, commission, salary, remuneration, allowance, security, or duty, or any matter or thing appertaining thereto at the time of the repeal; or

(f) any other matter or thing had, done, completed, existing, or pending, at the time of the repeal.

Continuance of existing conditions

7(2)        Every

(a) penalty, forfeiture, and liability to which clause (l)(a) applies;

(b) indictment, information, conviction, order, sentence, and prosecution to which clause (l)(b) applies;

(c) action, suit, judgment, decree, certificate, execution, distress, process, order, rule, proceeding, matter, and thing to which clause (l)(c) applies;

(d) act, deed, right, title, interest, grant, assurance, descent, will, registry, filing, by-law, rule, order-in-council, proclamation, regulation, order, contract, lien, charge, status, capacity, immunity, matter, and thing to which clause (l)(d) applies;

(e) office, appointment, commission, salary, remuneration, allowance, security, duty, matter, and thing to which clause (l)(e) applies; and

(f) matter and thing to which clause (l)(f) applies remains and continues as if the repeal of the Acts set out in the Schedule had not taken place, and, so far as necessary, may be continued, prosecuted, enforced, and proceeded with under the Re-enacted Statutes of Manitoba, 1988, and other statutes and laws in force in the province, and, subject to the provisions of the several statutes and laws, as if that repeal had not taken place.

Operation

8           The Re-enacted Statutes of Manitoba, 1988, shall not be held to operate as new law but shall be construed and have effect as a consolidation and as declaratory of the law as contained in the Acts repealed by section 5 and for which the Re-enacted Statutes of Manitoba, 1988, are substituted.

Effect of insertion of an Act in Roll

9(1)        The insertion of any Act in the roll shall not be construed as a declaration that that Act or any portion of it was, or was not, in force immediately before the coming into force of the Re-enacted Statutes of Manitoba, 1988.

Copies of statutes printed by Queen's Printer

9(2)        Copies of the Re-enacted Statutes of Manitoba, 1988, purporting to be printed by the Queen's Printer are evidence of the Re-enacted Statutes of Manitoba, 1988, in all courts and places whatsoever, without further proof of any kind.

Interpretation

10(1)       Except as otherwise provided in this Act, the rules of construction and interpretation declared by The Interpretation Act, being chapter I80 of the Re-enacted Statutes of Manitoba, 1987, apply to those statutes and to this Act.

Public Acts

10(2)       Every Act included in the Re-enacted Statutes of Manitoba, 1988, is a public act.

Effect of other Acts of present session

11(1)       This Act does not give effect to any provision of the Re-enacted Statutes of Manitoba, 1988, repealed by, or inconsistent with, any enactment passed at the session of the Legislature during which this Act is passed.

Acts of present session

11(2)       Unless otherwise specifically provided, for the purpose of determining their effect, the enactments passed at the session of the Legislature during which this Act is passed shall be deemed to be enactments subsequent to the Re-enacted Statutes of Manitoba, 1988.

Publication of this Act

12          A copy of this Act may be included and bound in one of the volumes that are published by the Queen's Printer and that contain the Re-enacted Statutes of Manitoba, 1988, in addition to being printed, bound, and published, with the statutes enacted at the session of the Legislature during which this Act is passed.

Printing and distribution

13          The Re-enacted Statutes of Manitoba, 1988, shall be printed and bound in the same form as the Re-enacted Statutes of Manitoba 1987 and copies of the Re-enacted Statutes shall be distributed without charge to such persons or classes of persons as the Lieutenant Governor in Council directs.

Notes and tables

14          Any explanatory notes and tables inserted by the Legislative Counsel in the Re-enacted Statutes form no part of the said statutes and shall be held to have been inserted for convenience only.

Commencement of Act

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

SCHEDULE

ACTS IN THE CONTINUING CONSOLIDATION OF THE STATUTES OF MANITOBA THAT ARE REPEALED IN WHOLE ON THE COMING INTO FORCE OF THE RE-ENACTED STATUTES OF MANITOBA, 1988, ACT.

Cap No.

No chap.

Title of Act

Titre de loi

C120 The Civil Service Superannuation Act
C226 The Corporation Capital Tax Act
C230 The Corrections Act
D100 The Dower Act
I10 The Income Tax Act
I70 The International Peace Garden Act
L160 The Liquor Control Act
M220 The Motive Fuel Tax Act
M225 The Municipal Act
M226 The Municipal Assessment Act
N100 The Northern Affairs Act
P240 The Public Printing Act
R30 The Real Property Act
R160 The Rivers and Streams Act
S50 The Securities Act
T50 The Testators Family Maintenance Act
T80 The Tobacco Tax Act
T125 The Manitoba Trading Corporation Act
T155 The Treasury Branches Act
U30 An Act to provide the appointment of Commissioners for the Promotion of Uniformity of Legislation in Canada
W80 The Water Rights Act / Loi sur les droits d'utilisation de l'eau
W100 The Water Supply Districts Act
W150 The Wills Act / Loi sur les testaments