Skip to main content
The Statute Law Amendment (Re-enacted Statutes) Act

S.M. 1988-89, c. 11

Bill 9, 1st Session, 34th Legislature

The Statute Law Amendment (Re-enacted Statutes) Act

(Assented to December 20, 1988)

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

PART I

RE-ENACTED STATUTES, 1987

THE AGRICULTURAL CREDIT CORPORATION ACT

C.C.S.M. c. A10

1           Subsection 1(1) of The Agricultural Credit Corporation Act is amended by striking out the definition of "farming" and substituting the following:

"farming" includes,

(a) the growing of cereal crops,

(b) the growing of vegetable or special crops other than cereal crops,

(c) stock raising or stock keeping,

(d) dairying,

(e) poultry raising,

(f) apiculture,

(g) fur ranching, and

(h) aquaculture, where fish are raised for market purposes or for sale as breeding stock and fingerlings; («exploitation agricole»)

THE CHARTERED ACCOUNTANTS ACT

C.C.S.M. c. C70

2           Subsection 4(2) of The Chartered Accountants Act is repealed and the following substituted:

Fellows

4(2)        The institute may also grant, under such conditions as the council, subject to section 8, may by by-law provide, to any member in good standing of the institute the designation: "Fellow of the Chartered Accountants".

THE COMMUNITY CHILD DAY CARE STANDARDS ACT

C.C.S.M. c. C158

3           The English version of subsection 6(2) of The Community Child Day Care Standards Act is amended by striking out "reasonable an probable" and substituting "reasonable and probable".

THE CONDOMINIUM ACT

C.C.S.M. c. C170

4           Section 8 of The Condominium Act is repealed and the following substituted:

Cooling off period

8(1)        Where a prospective purchaser signs an agreement to purchase a unit, the purchaser may cancel the agreement at any time within 48 hours thereafter

(a) by personally giving the vendor a written notice of the cancellation within the 48 hours; or

(b) by mailing to the vendor a notice of cancellation within the 48 hours, by registered or certified mail.

Information to be received by purchaser

8(1.1)      No agreement to purchase a unit is enforceable against the purchaser unless the purchaser has received, before or at the time of executing the agreement,

(a) the most recent financial statement of the corporation and a budget statement for the current financial year setting out,

(i) the common expenses,

(ii) the amount of each expense,

(iii) the monthly common expense contribution for each type of unit,

(iv) the portion of the common expense to be paid into a reserve fund, and

(v) the amounts in all reserve funds at the start of the current financial year;

(b) any services not included in the budget that the vendor provides or expenses that he pays and that might reasonably be expected to become, at any subsequent time, a common expense and the projected common expense attributable to each of those services or expenses for each type of unit;

(c) a copy of any management agreement or proposed management agreement;

(d) a statement indicating whether or not the unit is tenant occupied and, if so occupied, the length of time the tenant is entitled to remain in occupancy in accordance with sub-clause 5(2)(d)(i), together with a copy of any existing tenancy agreement;

(e) a statement specifying any parts of the common elements that the owner of the unit is not entitled to use;

(f) a copy of the proposed declaration or, if already registered, a copy of the declaration;

(g) a notice that the purchaser should obtain a certificate in accordance with clause 14(l)(g);

(h) a statement specifying the number and type of parking stalls that are included in the purchase price and whether there is to be any additional monthly charge for the use of the stall; and

(i) such additional information as may be prescribed by regulation.

Computation of 48 hours

8(1.2)      The 48 hours to which reference is made in subsection (1) shall be computed exclusive of Saturdays, Sundays and holidays.

Return of deposit

8(1.3)      Where an agreement to purchase a unit is cancelled under subsection (1), the vendor or agent of the vendor who received a deposit from the prospective purchaser or agent of the prospective purchaser shall return the deposit to the prospective purchaser or agent of the prospective purchaser, as the case may require.

Ownership of common elements

8(2)        The owners are tenants in common of the common elements and an undivided interest in the common elements is appurtenant to each unit.

Use of common elements

8(3)        Subject to this Act, the declaration and the by-laws, each owner may make reasonable use of the common elements.

Ownership not to be separated

8(4)        Except as provided by this Act, no share in the common elements shall be dealt with except with the unit of the owner; and any instrument dealing with a unit shall operate to deal with the share of the owner in the common elements without express reference thereto.

No partition

8(5)        Except as provided in this Act, the common elements shall not be partitioned or divided.

Encumbrances not enforceable

8(6)        No encumbrance is enforceable against the common elements after the declaration and plan are registered.

Saving

8(7)        Where, except for subsection (6), an encumbrance would be enforceable against the common elements, the encumbrance is enforceable against all the units and common interests.

"Encumbrance" in subsecs. (9) and (10)

8(8)        In subsections (9) and (10), "encumbrance" means an encumbrance that is, or at one time was, enforceable against all the units and common interests, but does not include a mortgage.

Discharge

8(9)        Any unit and common interest may be discharged from an encumbrance by payment to the claimant of a portion of the sum claimed determined by the proportion allocated to that unit in the declaration for contributions to the common expenses.

Discharge on demand

8(10)       Upon payment of a portion of the encumbrance sufficient to discharge the encumbrance in so far as it affects a unit and common interest, and upon demand, the claimant shall give to the owner of that unit a discharge of the encumbrance in so far as it affects that unit and common interest.

Assessment for taxation

8(11)       For the purposes of municipal assessment and taxation, each unit and common interest constitute a parcel, and the common elements do not constitute a parcel.

Where corporation deemed to be occupier

8(12)       For the purpose of determining liability resulting from breach of the duties of an occupier of land, the corporation shall be deemed to be the occupier of the common elements and the owners shall be deemed not to be occupiers of the common elements.

THE CORPORATIONS ACT

C.C.S.M. c. C225

5(1)        The Corporations Act is amended in the manner set out in this section.

Clause 18(f)

5(2)        Clause 18(f) is amended by striking out "subsection 183(2)" and substituting "subsection 183(3)".

Subsection 43(1)

5(3)        Subsection 43(1) is amended by striking out "140(4)" and substituting "140(5)".

Subsection 96(4)

5(4)        Subsection 96(4) is amended by striking out "subsection (2)" and substituting "subsection (3)".

Subsection 99(2)

5(5)        Subsection 99(2) is amended by striking out "subsection 181(3)" and substituting "subsection 181(5)".

Subsection 117(3)

5(6)        Subsection 117(3) is amended by striking out "subsection 140(4)" and substituting "subsection 140(5)".

Part X heading

5(7)        Part X, which begins with section 121, is given the heading "RETURNS AND INSIDERS".

Divisions I & II, Part X, heading

5(8)        Division I of Part X, which begins with section 121, is given the heading "RETURNS" and Division II of Part X, which begins with section 125, is given the heading "INSIDERS" .

Subsection 171(1)

5(9)        Subsection 171(1) is amended by striking out "subsection 168(4)" and substituting "subsection 168(3)".

Clause 183(4)(b)

5(10)       Clause 183(4)(b) is amended by striking out "subsection (2)" and substituting "subsection (3)".

Subsection 183(5)

5(11)       Subsection 183(5) is amended by striking out "subsection (3)" and substituting "subsection (4)".

Subsections 183(6) and (7)

5(12)       Subsections 183(6) and 183(7) are amended by striking out "subsection (2)" where it occurs in each subsection and, in each case, substituting "subsection (3)".

Clause 184(l)(e)

5(13)       Clause 184(l)(e) is amended by striking out "subsection 183(2)" and substituting "subsection 183(3)".

Clause 184(ll)(c)

5(14)       Clause 184(11)(c) is amended

(a) by striking out "subsection 168(4)" and substituting "subsection 168(3)"; and

(b) by striking out "subsection 183(7)" and substituting "subsection 183(8)".

Clause 203(3)(b)

5(15)       Clause 203(3)(b) is amended by striking out "subsection (3)" and substituting "subsection (4)".

Subsection 205(1)

5(16)       Subsection 205(1) is amended by striking out "subsections (2) and (3)" and substituting "subsections (2) and (5)".

Subsection 361(8)

5(17)       Subsection 361(8) is amended by striking out "subsection (6)" and substituting "subsection (7)".

THE EMPLOYMENT STANDARDS ACT

C.C.S.M. c. E110

6           Subsections 37(4) and 38(4) of The Employment Standards Act are amended by striking out "36(4) to (9)" where it occurs in each subsection and, in each case, substituting "36(6) to (11)".

THE ENERGY RATE STABILIZATION ACT

C.C.S.M.C.E115

7           The English version of the definition of "foreign debt" in section 1 of The Energy Rate Stabilization Act is amended by striking out "(d)".

THE FAMILY MAINTENANCE ACT

C.C.S.M. c. F20

8(1)        The Family Maintenance Act is amended in the manner set out in this section.

Clause 10(l)(f)

8(2)        Clause 10(f) is amended by striking out "section 6" and substituting "section 8".

Subsection 56(4)

8(3)        Subsection 56(4) is amended by striking out "clause (l)(e)" and substituting "clause (2)(e)".

THE FARM MACHINERY AND EQUIPMENT ACT

C.C.S.M. c. F40

9           Clause 38(3)(a) of The Farm Machinery and Equipment Act is amended by adding "of the Court of Queen's Bench" after "deputy registrar".

THE FISHERIES ACT

C.C.S.M. c. F90

10          Section 1 of The Fisheries Act is amended by striking out the definition of "producer" and substituting the following: "producer" means

(a) a fisherman, or

(b) a person authorized in writing by the Director to sell fish to a consumer on behalf of a fisherman.

THE HEALTH SERVICES INSURANCE ACT

C.C.S.M. c. H35

11(1)       The Health Services Insurance Act is amended in the manner set out in this section.

Subsection 50(2)

11(2)       Subsection 50(2) is amended by striking out "subsection (2)" and substituting "subsection (3)".

Section 122

11(3)       Section 122 is amended by adding "and clause 120(a)" after "Section 118".

THE HIGHWAYS AND TRANSPORTATION DEPARTMENT ACT

C.C.S.M. c. H40, English version

12(1)       The English version of The Highways and Transportation Department Act is amended in the manner set out in this section.

Subsection 9(2)

12(2)       Subsection 9(2) is repealed and the following substituted:

Standards of roads

9(2)        Departmental roads shall be constructed and maintained to such standards as the minister may deem necessary or desirable in each case and not necessarily to the same standard to which any other departmental road is constructed and maintained; and different roads may be constructed and maintained to different standards.

Subsections 10(1) & (2) renumbered

12(3)       Subsection 10(1) is renumbered as subsection 10(2) and subsection 10(2) is renumbered as subsection 10(3).

New subsection 10(1)

12(4)       The following is added as subsection 10(1):

Trunk highways & other highways

10(1)       Where a provincial trunk highway intersects a highway that is not a provincial trunk highway, the continuation of the provincial trunk highway to its full width across the highway so intersected, including bridges and culverts thereon, is part of the provincial trunk highway.

THE LAW SOCIETY ACT

C.C.S.M. c. L100

13          Subsection 65(1) of The Law Society Act is amended by striking out "section 30.2" and substituting "section 39".

THE LEGISLATIVE ASSEMBLY ACT

C.C.S.M. c. L110

14          Subsection 59(1) of The Legislative Assembly Act is amended by striking out "subsections (2) and (2.1)" and substituting "subsection (2)".

THE MENTAL HEALTH ACT

C.C.S.M. c. M110

15(1)       The Mental Health Act is amended in the manner set out in this section.

Section 63, French version

15(2)       The French version of section 63 is amended by striking out "directement" and substituting "indirectement".

Section 83 renumbered

15(3)       Section 83, bearing the heading "Recital in documents of Public Trustee as evidence", is renumbered as section 83.1.

THE NATURAL PRODUCTS MARKETING ACT

C.C.S.M. c. N20

16(1)       The Natural Products Marketing Act is amended in the manner set out in this section.

Clause 7(a)

16(2)       Clause 7(a) is amended by striking out "Minister of Mines and Natural Resources" and substituting "Minister of Natural Resources".

Section 21

16(3)       Section 21 is amended by striking out "subsection (1)" and substituting "section 20".

THE OPTOMETRY ACT

C.C.S.M. c. O70

17(1)       The Optometry Act is amended in the manner set out in this section.

Subsection 5(5), English version

17(2)       The English version of subsection 5(5) is amended by striking out "or" and substituting "on".

Subsection 8(3), French version

17(3)       The French version of subsection 8(3) is amended by striking the word "une" and substituting "un".

Subsection 18(2), French version

17(4)       The French version of subsection 18(2) is amended by adding "Par dérogation au paragraphe (1)," ahead of "Lorsque".

THE PUBLIC SCHOOLS ACT

C.C.S.M. c. P250

18          Section 279 of The Public Schools Act is amended by striking out "Clause 41(q)" and substituting "Clause 41(l)(q)".

THE PUBLIC UTILITIES BOARD ACT

C.C.S.M. c. P280

19(1)       The Public Utilities Board Act is amended in the manner set out in this section.

Section 1

19(2)       The definition "public utility" is amended by striking out "subsections (3) and (4)" and substituting "subsections 2(2) and 2(3)".

Subsection 2(1)

19(3)       Subsection 2(1) is amended by striking out "subsection (6)" and substituting "subsection (5)".

Subsection 2(3)

19(4)       Subsection 2(3) is amended by striking out "subsection (5)" and substituting "subsection (4)".

Subsection 2(4)

19(5)       Subsection 2(4) is amended by striking out "subsection (4)" and substituting "subsection (3)".

THE REAL ESTATE BROKERS ACT

C.C.S.M. c. R20

20          Clause 49(i) of The Real Estate Brokers Act is amended by striking out "subsection 27(2)" and substituting "subsection 26(1.2)".

THE RELIGIOUS SOCIETIES

LANDS ACT

C.C.S.M. c. R70

21          The Religious Societies Lands Act is amended by

(a) renumbering section 1 as subsection 1(1); and

(b) renumbering subsection 1(1.1) as subsection 1(2).

THE RETAIL SALES TAX ACT

C.C.S.M. c. R130

22(1)       The Retail Sales Tax Act is amended in the manner set out in this section.

Subsection 1(2), English version

22(2)       The English version of subsection 1(2) is amended by adding "of after "definition".

Clause 3(1)(nn)

22(3)       Clause 3(l)(nn) is amended by striking out "subsection 4(6)" and substituting "subsection 3(6)".

Subsection 13(7)

22(4)       Subsection 13(7) is amended by striking out "subsections (6) to (17)" and substituting "subsections (12) to (19)".

Subsections 13(8), (9) and (10)

22(5)       Subsections 13(8), 13(9) and 13(10) are amended by striking out "subsections (12) to (17)" where it occurs and substituting "subsections (12) to (19)".

Subsection 24(3)

22(6)       Subsection 24(3) is amended by striking out

(a)

"in the county court of the county court district in which the person resides or carries on business or formerly carried on business, or"; and

(b)"as the case may be".

Subsection 26(3)

22(7)       Subsection 26(3) is amended by striking out "sections 10 and 21" and substituting "sections 9 and 21".

THE REVENUE ACT

C.C.S.M. c. R150

23(1)       The Revenue Act is amended in the manner set out in this section.

Section 1, English version

23(2)       The English version of the definition "purchase price" in section 1 is amended by striking out "(i)" and "(ii)" where they occur and substituting "(a)" and "(b)", respectively.

Section 1

23(3)       The definition "purchase price" in section 1 is amended by striking out "subsection 3(10)" and substituting "subsection 3(13)".

THE PRIVATE VOCATIONAL SCHOOLS ACT

C.C.S.M. c. V70

24(1)       The Private Vocational Schools Act is amended in the manner set out in this section.

Clause 13(b), French version

24(2)       Clause 13(b) in the French version is amended by

(a) striking out "d'un métier" and substituting "d'une profession"; and

(b) striking out "ce métier" and substituting "cette profession".

Clause 13(c), English version

24(3)       Clause 13(c) in the English version is amended by striking out the word "trade" and substituting "vocation".

PART II

RE-ENACTED STATUTES, 1988

THE CIVIL SERVICE SUPERANNUATION ACT

C.C.S.M. c. C120

25          Subsection 26(1) of The Civil Service Superannuation Act is amended by striking out "(.6 x C x T)" and substituting "(.006 x C x T)".

THE DOWER ACT

C.C.S.M. c. D100

26(1)       The Dower Act is amended in the manner set out in this section.

Subsection 11(3), English version

26(2)       The English version of subsection 11(3) is amended by striking out "of the court is situated".

Subsection 11(3), French version

26(3)       The French version of subsection 11(3) is amended by striking out "du tribunal" .

Subsection 22(3), English version

26(4)       The English version of subsection 22(3) is amended by striking out "in which either the husband or wife resides".

Subsection 22(4), English version

26(5)       The English version of subsection 22(4) is amended by striking out "of the court in which the order was given".

Subsections 22(3) and (4), French version

26(6)       The French versions of subsections 22(3) and 22(4) are amended by striking out " du tribunal" where it occurs in each subsection.

THE INCOME TAX ACT

C.C.S.M. c. I10

27          Subsection 70(3) of The Income Tax Act is amended by striking out "or" where it occurs after "right".

THE MOTIVE FUEL TAX ACT

C.C.S.M. c. M220

28(1)       The Motive Fuel Tax Act is amended in the manner set out in this section.

Clause 5(6)(b)

28(2)       Clause 5(6)(b) is amended by striking out "subsection 6(7)" and substituting "subsection 6(5)".

Subsection 5(11), heading

28(3)       The heading for the English version of subsection 5(11) is repealed and the following substituted: "Application to become licensed purchaser".

Subsection 22(1)

28(4)       Subsection 22(1) is amended by striking out "gasoline" where it occurs and substituting "motive fuel".

Subsections 22(4), (6) & (9)

28(5)       Subsections 22(4), 22(6) and 22(9) are amended, by striking out "gasoline" where it occurs and substituting "motive fuel".

THE MUNICIPAL ACT

C.C.S.M. c. M225

29(1)       The Municipal Act is amended in the manner set out in this section.

Subsection 14(5)

29(2)       Subsection 14(5) is amended by,

(a) in the heading, striking out "12 and 14" and substituting "13 and 15";

(b) striking out "Subsections 12(4) to (6)" and substituting "Subsections 13(4) to (6)"; and

(c) striking out "section 14" and substituting "section 15".

Subsection 18(3)

29(3)       Subsection 18(3) is amended by striking out "subsection (1)" and substituting "subsection (2)".

Clause 156(2)(c)

29(4)       Clause 156(2)(c) is amended by striking out "Secretary-Treasurers" and substituting "Administrators".

Subsection 176(3)

29(5)       Subsection 176(3) is amended by striking out "section 179" and substituting "section 176".

Subsection 301(1)

29(6)       The definition "enforcement officer" in subsection 301(1) is amended by striking out "section 164" and substituting "section 161" .

Subsection 302(1)

29(7)       Subsection 302(1) is amended by

(a) striking out "subsection (3)" and substituting "subsection (2)"; and

(b) striking out "section 303" and substituting "subsection 303(2)".

Subsection 860(4), French version

29(8)       The French version of subsection 860(4) is amended by striking out "tout" and substituting "tous".

THE SECURITIES ACT

C.C.S.M. c. S50

30          The French version of clause 153(6)(b) of The Securities Act is amended by striking out "recouvertes" and substituting "recouvrées".

PART III

COMING INTO FORCE

On assent

31(1)       Subject to subsection (2), this Act comes into force on the day it receives the royal assent.

Part I retroactive

31(2)       Part I of this Act is retroactive and upon this Act receiving the royal assent is deemed to have come into force on February 1, 1988.