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The Regulations Act

S.M. 1988-89, c. 7

Bill 14, 1st Session, 34th Legislature

The Regulations Act

(Assented to December 20, 1988)

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

Definitions

1           In this Act,

"local authority" includes

(a) a council, board or other governing body of a municipality, school district or school division or of a planning district established under The Planning Act;

(b) the administrator of a municipality under administration;

(c) the resident administrator or other governing authority of a local government district incorporated under The Local Government Districts Act;

(d) an official trustee of a school district or school division;

(e) a community council, local committee or incorporated community established under The Northern Affairs Act; and

(f) the administrator of a community council, local committee or incorporated community under administration. («autorité locale»)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; («ministre»)

"prescribed" means prescribed by regulation; («prescrit»)

"publish" means publish in the manner referred to in sections 4 and 5; («publier»)

"register" means register with the registrar in the manner referred to in section 2; («enregistrer»)

"registrar" means the Registrar of Regulations appointed under this Act; («registraire»)

"regulation" means

(a) a regulation, rule, order or by-law that

(i) is of a legislative nature and is made or approved in the execution of a power conferred either by or under an Act of the Legislature, or

(ii) governs practice or procedure in judicial or quasi-judicial proceedings and is made or approved in the execution of a power conferred expressly by an Act of the Legislature, and that is made or approved by

(iii) the Lieutenant Governor in Council, a group of ministers or a minister,

(iv) an individual, or (v) a board, commission, association or other body, whether incorporated or unincorporated, all the members of which or all the members of the board of management or board of directors of which are appointed by an Act of the Legislature or by the Lieutenant Governor in Council; but does not include

(b) a regulation, rule, order, by-law or resolution when made by a local authority;

(c) provisions that form part of a regulation, rule, order or by-law and which are adopted or incorporated by reference in the regulation, rule, order or by-law;

(d) a regulation, rule, order or by-law of The Municipal Board or The Public Utilities Board that is described in subclause (a)(i);

(e) a proclamation bringing into force or suspending an Act or a portion of an Act of the Legislature; or

(f) an order that is made in the execution of a power conferred by or under an Act of the Legislature and which confirms or disallows a regulation, rule, order or by-law. («réglement»)

Registration

2(1)        A regulation, or a copy certified in accordance with the regulations made under this Act, shall be registered with the registrar.

Coming into force

2(2)        Unless otherwise provided in an Act of the Legislature, a regulation comes into force upon registration in accordance with this Act.

Registration of amended regulations

2(3)        A regulation that is amended before registration may be registered as amended.

Availability for inspection

2(4)        A person may, during regular business hours, inspect a regulation that is registered with the registrar and upon payment of the prescribed fees, if any, shall receive a copy of a regulation.

Effect when registered

3           A regulation comes into force on the date of registration unless

(a) a later date is specified in the regulation; or

(b) an earlier date is specified in the regulation and is permitted by the Act under which the regulation is made or approved.

Publication

4           Subject to section 5, after registration of a regulation, the registrar shall send the regulation to the Queen's Printer for publication in the gazette.

Dispense with publication

5(1)        The Lieutenant Governor in Council or, where permitted by a regulation made under this Act, the registrar may dispense with publication of a regulation or part of a regulation in the gazette where, in the opinion of the Lieutenant Governor in Council or the registrar, the regulation

(a) will be made available to persons who are likely to be affected by it; and

(b) is of such length that publication would be impractical or unduly expensive.

Partial dispensation

5(2)        Where a regulation includes a map, illustration, plan, diagram, photograph, graph, table or similar material, the registrar may dispense with publication of that part of the regulation in the gazette.

Publication of notice

5(3)        Where the Lieutenant Governor in Council or the registrar dispenses with publication of a regulation or part of a regulation, the registrar shall send to the Queen's Printer for publication in the gazette a notice indicating the date of registration of the regulation and where the regulation or part of a regulation may be inspected.

Effect of publication

6(1)        Publication in the gazette of a regulation or of a notice under section 5 is notice of the regulation to all persons.

Effect of non-publication

6(2)        Unless otherwise provided in an Act of the Legislature, until a regulation is published, it is not enforceable against a person who does not have actual notice of the regulation.

Proof of registration

7(1)        A regulation proved in accordance with The Manitoba Evidence Act is prima facie proof of registration of the regulation in accordance with this Act.

Certificate as proof

7(2)        A certificate of the registrar that a regulation was registered on a specified date is prima facie proof that the regulation was registered on the specified date.

Determination as to regulation

8(1)        The registrar may determine whether a document presented for registration is a regulation.

Submission to L.G. in C.

8(2)        At such times as the minister may require and at least once in each month, the registrar shall submit to the Lieutenant Governor in Council a report listing the documents, if any, that have been presented for registration since the previous report and which the registrar has decided, under subsection (1), are not regulations.

Registration by order of L.G. in C.

8(3)        Upon receipt of the report described in subsection (2), the Lieutenant Governor in Council may approve the report or may order that a document listed in the report be registered as a regulation, in which case the regulation is deemed to have been registered on the date that the document was first presented to the registrar for registration.

Registrar

9(1)        The Lieutenant Governor in Council shall appoint a Registrar of Regulations who, under the direction and control of the minister, is responsible for the registration of regulations under this Act.

Deputy registrars

9(2)        The Lieutenant Governor in Council may appoint deputy registrars.

Duties of deputy registrars

9(3)        In the absence of the registrar or at the request of the registrar or the minister, a deputy registrar may discharge the duties and exercise the powers of the registrar.

Regulations

10          The Lieutenant Governor in Council may make regulations

(a) prescribing the duties and powers of the registrar;

(b) respecting the form, numbering, arrangement, registration and indexing of regulations;

(c) respecting the kinds of regulations as to which the registrar may dispense with publication under subsection 5(1);

(d) respecting the submission of regulations for examination and approval by the registrar prior to enactment;

(e) authorizing the registrar to refuse registration of a regulation not examined and approved by the registrar prior to enactment;

(f) exempting a regulation or class of regulation from registration under this Act and prescribing the form of publication, if any, that is required for the regulation or class of regulation;

(g) prescribing fees for copies of regulations, certificates or other documents provided by the registrar;

(h) prescribing a matter or thing that by this Act may be prescribed; and

(i) generally for carrying out the purposes and provisions of this Act.

Regulations Committee

11          Upon registration, a regulation stands permanently referred to the Standing Committee on Statutory Regulations and Orders of the Legislative Assembly.

Regulations before Assembly

12          Not later than 15 days after the commencement of a session of the Legislature, the minister shall, unless otherwise directed by a resolution of the Legislative Assembly, lay before the Assembly a copy of each regulation that is registered under this Act more than 14 days before commencement of the session and which has not already been laid before the Assembly.

Assembly directs repeal or amendment

13(1)       The Legislative Assembly may by resolution direct the repeal or amendment of a regulation or part of a regulation.

Repeal & amend regulation

13(2)       Where the Legislative Assembly directs the repeal or amendment of a regulation, the Lieutenant Governor in Council, the minister or other authority that made the regulation shall repeal or amend the regulation in accordance with the resolution.

Consolidation and revision of regulations

14(1)       The Attorney-General may, from time to time as circumstances require, prepare a consolidation and revision of the regulations to which this Act applies.

Content of consolidation and revision

14(2)       A consolidation and revision under subsection (1) shall include comprehensive indices and a schedule listing each regulation or part of a regulation that is repealed and replaced by the consolidation and revision.

Revising officer

14(3)       The Attorney-General may appoint a revising officer who shall be charged with the preparation of a consolidation and revision as described in subsection (2).

Powers of revising officer

14(4)       A revising officer appointed under subsection (3) may

(a) exclude from a consolidation and revision a regulation or part thereof that is expired, repealed, suspended or spent:

(b) revise the numbering and arrangement of the regulations as may be appropriate;

(c) revise the language of a regulation where necessary or advisable to better express the spirit and meaning of the regulation but not to change the spirit and meaning of the regulation;

(d) revise the language of a regulation as may be required to maintain a uniform manner of expression in the regulations generally;

(e) make such amendments as the revising officer considers necessary to reconcile inconsistent regulations or to correct clerical errors in a regulation;

(f) exclude from a consolidation and revision a regulation or a part of a regulation that does not have general application throughout the Province; and

(g) prepare amendments of, and forward recommendations for the improvement of, regulations.

Coming into force of consolidation

15(1)       Where

(a) a consolidation and revision is approved by the Standing Committee of the Assembly on Statutory Regulations and Orders ("the Committee");

(b) a report of the Committee approving the consolidation and revision is adopted by the Assembly; and

(c) the consolidation and revision is printed and made available to the public;

the consolidation and revision comes into force on a date fixed by the Lieutenant Governor in Council.

Publication in gazette exempt

15(2)       Where a consolidation and revision is available to the public through the Office of the Queen's Printer, the consolidated and revised regulations are exempt from publication in the gazette.

Repeal of regulations in schedule

16          A regulation or part of a regulation that is listed in a schedule described in subsection 14(2) is repealed upon the coming into force of the consolidation and revision to which the schedule applies.

Looseleaf publication

17          The registrar may cause all or part of the regulations to which this Act applies to be published in a continuing looseleaf consolidation.

Numbering of regulations

18(1)       A regulation shall be given a registration number according to the order in which it is registered, and a new series of registration numbers shall be commenced in each calendar year.

Citation

18(2)       A regulation may be cited or referred to

(a) by its title; or

(b) as "Manitoba Regulation" or "Man. Reg." followed by its registration number.

Transition

19(1)       Where a regulation, as defined in this Act, is made or approved before this Act comes into force and is effective without filing under the former Act, the regulation ceases to have effect on the second anniversary of the coming into force of this Act or on such later date as may be prescribed under this Act unless the regulation is

(a) filed under the former Act; or

(b) registered under this Act.

Powers of revision

19(2)       With respect to a regulation to which subsection (1) applies, the registrar may exercise the powers of a revising officer under clauses 14(4)(a) to (f).

Re-enacted regulations

20(1)       In this section, "re-enacted regulation" means a regulation or part of a regulation that is made or approved in English and in French after being first made or approved in English only.

Re-enactment as declaratory

20(2)       A re-enacted regulation does not operate as new law and does not change the meaning of the regulation first made but takes effect as a consolidation of, and is declaratory of, the law contained in the regulation first made.

Reference in C.C.S.M.

21          This Act may be referred to as chapter R60 of The Continuing Consolidation of the Statutes of Manitoba.

Repeal

22          The Regulations Act being chapter R60 of The Continuing Consolidation of the Statutes of Manitoba is repealed.

Coming into force

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