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The Regulations Validation Statutes Amendment Act

S.M. 1988-89, c. 15

Bill 23, 1st Session, 34th Legislature

The Regulations Validation Statutes Amendment 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

AMENDMENTS TO THE NORTHERN AFFAIRS ACT

C.C.S.M. c. N100 (R.S.M. 1988 c. N100)

1           The Northern Affairs Act is amended in the manner set out in this Part.

Subsections 5(7), (8) and (9) added

2           The following is added after subsection 5(6):

Delegation of power by regulation

5(7)        The minister may make regulations

(a) delegating, upon such terms and conditions as the minister considers advisable, to a community council or local committee for exercise within its boundaries a power to pass by-laws or make resolutions granted to the minister under this Act; and

(b) respecting the filing of by-laws and resolutions with the minister.

Effective date of by-laws

5(8)        Notwithstanding anything in this Act, a by-law passed or resolution made by a community council or local committee under subsection (7) comes into force upon filing with the minister.

Disallowance by minister

5(9)        The minister may in writing disallow any by-law or resolution of a community council or local committee at any time after filing, and the by-law or resolution ceases to be in force and is deemed to be repealed.

PART II

AMENDMENTS TO THE HEALTH SERVICES ACT

C.C.S.M. c. H30

3           The Health Services Act is amended in the manner set out in this Part.

Section 4 amended

4           Section 4 is amended by adding in clauses (a) and (c) after "establishment" ", continuance".

Section 5 repealed

5           Section 5 is repealed.

Section 6(1) rep. and sub.

6(1)        Subsection 6(1) is repealed and the following substituted:

Regulation confirmed by L.G. in C.

6(1)        A regulation made under this Act does not, subject to subsection (2), have any force or effect until it has been confirmed by order of the Lieutenant Governor in Council.

Effect of publication

6(1.1)      Publication of a regulation made under this Act is conclusive proof of the establishment of any unit area, district, agency, organization or service to which reference is made in the regulation and that all requirements of this Act relative to its establishment have been complied with.

Subsec. 6(2) am.

6(2)        Subsection 6(2) is amended by striking out "or by the Lieutenant Governor in Council in the order in council confirming the regulation" .

Section 43.1 added

7           The following is added after section 43:

Continuance of district

43.1        The minister may by regulation continue a district; and, when the regulation is in effect, the minister shall give written notice thereof to the council of each included municipality.

Section 44 amended

8           Section 44 is amended by adding "or continuing" after "establishing".

Clause 45(c) rep. and sub.

9           Clause 45(c) is repealed and the following is substituted:

(c) shall approve a specified scheme, ratified as provided herein.

Section 45.1 and 45.2 added

10          The following is added after section 45:

Regulation continuing district

45.1        Where the minister by regulation continues a hospital district, a medical nursing unit district or a hospital area the minister may, notwithstanding section 45, omit expired or spent provisions from the regulation.

Validation

45.2        The regulation entitled "Hospital Districts and Medical Nursing Districts Regulation" made by the Minister and confirmed by the Lieutenant Governor in Council on December 14, 1988 is validated and is deemed to have been lawfully made and confirmed.

Subsection 52(2) amended

11          Subsection 52(2) is amended by striking out all the words following "board of the district".

PART III

AMENDMENTS TO THE HIGHWAYS PROTECTION ACT

C.C.S.M. c. H50

12          The Highways Protection Act is amended in the manner set out in this Part.

Subsection 18(2.1) added

13          The following is added after subsection 18(2):

Use of maps

18(2.1)     In a regulation under this section, a limited access highway or a control line is sufficiently described if its location is indicated on a map adopted or incorporated by reference in the regulation.

Section 18.1 added

14          The following is added after subsection 18(3):

Regulations by L.G.C.

18.1(1)     Notwithstanding anything in this Act, the Lieutenant Governor in Council may by regulation made on or before December 31, 1988

(a) designate a highway or a part thereof as a limited access highway; and

(b) specifically establish

(i) a control line in relation to, and on either or both sides of, a limited access highway or a part thereof of not more than 250 feet from the edge of the right-of-way; and

(ii) at an intersection of two limited access highways or a limited access highway and another highway, a control line of not more than 1500 feet from the point of intersection of the centre lines of the highways.

Use of maps

18.1(2)     Subsection 18(2.1) applies to a regulation made under subsection (1).

Repeal of traffic board regulations

18.1(3)     A regulation made under subsection (1) may amend or repeal a regulation made by the traffic board under this Act.

Authority after December 31, 1988

18.1(4)     A regulation made under subsection (1) shall after December 31, 1988 be deemed to have been made by the traffic board.

Validation

18.1(5)     The regulation entitled "Control Lines Establishment and Limited Access Designations Regulation" made by the Lieutenant Governor in Council on December 14, 1988 is validated and deemed to have been lawfully made.

PART IV

AMENDMENTS TO THE PUBLIC SCHOOLS ACT

C.C.S.M. c. P250

15          The Public Schools Act is amended in the manner set out in this Part.

Subsection 2(1) amended

16          Subsection 2(1) is amended by adding "by regulation" after "may".

Subsection 2(2) rep. and sub.

17          Subsection 2(2) is repealed and the following is substituted:

Contents of regulation

2(2)        A regulation made under subsection (1) shall

(a) where a school district or remote school district is established or a territory is declared to be a school district or remote school district, specify the matters described in clauses 9(7.2)(a) and(b); and

(b) where a territory is added to a school district or remote school district, specify the matters described in clauses 9(7.3)(a) and (b).

Contents of order in council

2(3)        Where a regulation is made under subsection (1), the Lieutenant Governor in Council may at the same time by Order in Council, provide for the appointment of a returning officer and for the making of all necessary arrangements, according to the provisions of section 6 of The Local Authorities Election Act.

Subsection 3(4) amended

18          Subsection 3(4) is amended by striking out "his written order" and substituting "regulation" .

Subsection 3(5) amended

19          Subsection 3(5) is amended by adding "by regulation" after "may".

Section 4.1 added

20          The following is added after section 4:

Regulations respecting continuance

4.1(1)      The board of reference may make regulations

(a) continuing a school district or school division; and

(b) confirming, for a school district or school division

(i) its name and number,

(ii) its boundaries or area,

(iii) the number of wards, if any, into which it is divided and the boundaries or area of each ward, and

(iv) the number of trustees in each ward or to be elected at large, unless, in the case of subclauses (iii) and (iv), a by-law of the school board has been passed as provided in section 57.

Sections 5, 9(3) to (12) do not apply

4.1(2)      Section 5 and subsections 9(3) to 9(12) do not apply to a regulation made under subsection (1).

Validation

4.1(3)      The regulation entitled "School Divisions and Districts Establishment Regulation" made by the Board of Reference on December 13, 1988 is validated and deemed to have been lawfully made.

Section 7 repealed

21          Section 7 is repealed.

Subsection 9(7) amended

22          Subsection 9(7) is amended by adding "subject to subsection 9(7.1)" after "effect".

Subsections 9(7.1) to 9(7.3) added

23          The following is added after subsection 9(7):

Award filed as regulation

9(7.1)      The board of reference shall file those portions of an award which deal with those matters set out in subsections (7.2) and (7.3) as a regulation under The Regulations Act.

Establishment by regulation

9(7.2)      Where a school division or school district is established, a regulation referred to in subsection (7.1)

(a) shall specify

(i) the fact of its establishment;

(ii) its name and number;

(iii) its boundaries or area;

(iv) the number of wards, if any, into which it is divided and the boundaries or area of each ward; and

(v) the number of trustees in each ward, or to be elected at large; and

(b) shall make provision for the first election of trustees and their term of office or method of determining their term of office.

Alteration by regulation

9(7.3)      Where a school division or district is altered, including an alteration by merger, amalgamation or dissolution of school divisions or school districts or the removal from a school division of land included in an Indian Reserve, a regulation referred to in subsection (7.1)

(a) shall specify

(i) the boundaries or area resulting from the alteration; and

(ii) the number of wards, if any, into which it is divided and the boundaries or area of any ward resulting from the alteration; and

(b) shall make such changes in the number of trustees of the school board and the number of trustees to be elected from each ward, as may be required or desirable as a result of the alteration.

Section 9.1 added

24          The following is added after section 9:

Use of maps

9.1         A school division, school district, remote school district, or northern school division is sufficiently described if its boundaries are shown or its area is indicated on a map adopted or incorporated by reference in the regulation.

Section 13 rep. and sub.

25          Section 13 is repealed and the following substituted:

Dissolution of remote school district

13          Where all the schools in a remote school district are closed and have been continuously closed for two or more years, the minister may refer the matter of dissolving the remote school district to the board of reference, which may order

(a) that the remote school district be continued; or

(b) by regulation that the remote school district be dissolved; and

(c) the lands within the remote school district be transferred to a school division and direct the manner in which the assets and liabilities of the remote school district shall be disposed of or paid and adjust the rights and claims consequent upon the changes to be made.

Subsection 14(1) amended

26(1)       Subsection 14(1) is amended by striking out "order" and substituting "regulation".

Subsection 14(2) amended

26(2)       Subsection 14(2) is amended by striking ou "order" and substituting "regulation".

Subsection 14(3) amended

26(3)       Subsection 14(3) is amended by striking out "An order" and substituting "A regulation" and by striking out "The order" in clause (b) and substituting "The regulation".

PART V

AMENDMENTS TO THE LOCAL GOVERNMENT DISTRICTS ACT

C.C.S.M. c. L190

27          The Local Government Districts Act is amended in the manner set out in this Part.

Section 2 rep. and sub.

28          Section 2 is repealed and the following is substituted:

Incorporation by regulation

2(1)        The Lieutenant Governor in Council may by regulation

(a) incorporate or continue as a local government district the inhabitants of an area or areas that is or are wholly or partly in unorganized territory or in a disorganized municipality; and

(b) establish or confirm the area or areas or boundaries of the local government district.

Name of district

2(2)        A district shall be named as follows: "The Local Government District of ." (inserting where indicated the particular name of the district).

Validation

2(3)        The regulation entitled "Local Government Districts Incorporation and Boundaries Regulation" made by the Lieutenant Governor in Council on December 14, 1988 is validated and deemed to have been lawfully made.

Sections 3 and 4 rep.

29          Sections 3 and 4 are repealed.

Section 5 rep. and sub.

30          Section 5 is repealed and the following is substituted:

Powers and duties of district

5(1)        A local government district has the rights, powers, duties, and liabilities of

(a) a district under this or any other Act of the Legislature; and

(b) subject to subsection (2), a municipality or municipal corporation under The Municipal Act or any other Act of the Legislature.

Restriction on powers and duties

5(2)        A right, power or duty of a district

(a) to suspend employees or make appointments under section 141, 142, 144, 151, 152, 153 or 174 of The Municipal Act; and

(b) to pass by-laws or expend funds under The Municipal Act or any other Act of the Legislature;

is subject to the approval of the minister.

Interpretation

5(3)        Where there is a conflict between this Act and The Municipal Act or any other Act of the Legislature referred to in subsection (1), the provisions of this Act prevail.

Section 6 repealed

31          Section 6 is repealed.

Subsection 7(1) repealed

32          Subsection 7(1) is repealed.

Section 8 rep. and sub.

33          Section 8 is repealed and the following is substituted:

Alteration of boundaries

8           The Lieutenant Governor in Council may by regulation alter the area or areas or boundaries of a district.

Section 9 amended

34          Section 9 is amended

(a) by repealing clause (l)(a);

(b) by adding "by regulation" before "abolish" in clause (l)(q); and

(c) by repealing subsection 9(6).

Subsection 15(3) rep.

35          Subsection 15(3) is repealed.

Sections 23 and 24 rep.

36          Sections 23 and 24 are repealed.

Subsection 26(1) amended

37          Subsection 26(1) is amended by adding "by regulation" after "Lieutenant Governor in Council may".

Section 28 amended

38          Section 28 is amended by striking out "in its letters patent or".

PART VI

AMENDMENTS TO THE MUNICIPAL ACT

C.C.S.M. c. M225 (R.S.M. 1988 c. M225)

39          The Municipal Act is amended in the manner set out in this Part.

Clause 4(2)(a) rep. and sub.

40          Clause 4(2)(a) is repealed and the following is substituted:

(a) the day the regulation incorporating the municipality is filed under The Regulations Act, unless a later date is specified in the regulation.

Subsection 4(8) amended

41          Subsection 4(8) is amended by striking out "by its letters patent or" and substituting "by regulation respecting the powers of a municipality made by the Lieutenant Governor in Council or".

Section 7 amended

42          Section 7 is amended by striking out "The Municipal Boundaries Act or any other Act of the Legislature or any letters patent issued under an Act of the Legislature" and substituting "any Act of the Legislature or any regulation made under this Act".

Subsection 13(4) rep. and sub.

43(1)       Subsection 13(4) is repealed and the following is substituted:

Regulation by L.G. in C.

13(4)       The Lieutenant Governor in Council may by regulation incorporate the inhabitants of an area as a village or town.

Subsection 13(5) amended

43(2)       Subsection 13(5) is amended by striking out "letters patent" and substituting "regulation" .

Subsection 13(6) repealed

43(3)       Subsection 13(6) is repealed.

Section 16 amended

44          Section 16 is amended by striking out all the words after "affected by the irregularity" and substituting "the Lieutenant Governor in Council may rectify the irregularity."

Title of Division II amended

45          The title of Division II is amended by adding "AND CONTINUATION" after "ALTERATION".

Section 19 rep. and sub.

46          Section 19 is repealed and the following is substituted:

Change in status or area

19          Notwithstanding anything in this or any other Act of the Legislature,

(a) the municipal status of a town, village, or rural municipality, or

(b) the area or boundaries of a town, village, rural municipality or city may be continued, confirmed, established or altered as provided in this division.

Section 19.1 added

47          The following is added after section 19:

Regulations by L. G. in C.

19.1(1)     The Lieutenant Governor in Council may by regulation

(a) continue the status and confirm the area or boundaries of a town, village, or rural municipality;

(b) confirm the area or boundaries of a city;

(c) establish a new town, village, or rural municipality and its area or boundaries; and

(d) alter the area or boundaries of a town, village, rural municipality or city.

Use of maps

19.1(2)     An area or boundary of a town, village, rural municipality or city is sufficiently described if its location is indicated on a map adopted or incorporated by reference in the regulation.

Application

19.1(3)     Sections 20 to 22 do not apply to a regulation made under clauses 19.1(l)(a) and (b).

Validation

19.1(4)     The regulation entitled "Municipal Status and Boundaries Regulation" made by the Lieutenant Governor in Council on December 14, 1988 is validated and deemed to have been lawfully made.

Subsection 22(2) rep. and sub.

48          Subsection 22(2) is repealed and the following substituted:

Action by L. G. in C.

22(2)       Upon receiving the recommendations of the board through the minister, the Lieutenant Governor in Council may by regulation grant the prayer of the petition in whole or in part.

Section 37 amended

49          Section 37 is amended

(a) by striking out "the issue of the letters patent or supplementary letters patent under section 22 whereby the change is made" and substituting "the filing of the regulation made under section 22"; and

(b) by adding "by regulation" after "Lieutenant Governor in Council".

PART VII

REPEAL OF THE MUNICIPAL BOUNDARIES ACT AND VARIOUS MUNICIPAL STATUTES INCORPORATING OR CONTINUING MUNICIPALITIES

Repeal of Acts

50          The Acts and parts of Acts set out in the Schedule are repealed.

Coming into force

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

* * *

EXPLANATORY NOTE TO PART VII

1. General Acts affecting municipality boundaries are listed first.

2. The Schedule commencing at number 8 follows the order set out in Schedule D to the Continuing Consolidation of the Statutes of Manitoba. The names of the municipalities as headings are included for ease of reference.

3. Where a statute, other than one described in Note 1, refers to more than one municipality, it is listed under the name of the municipality that comes first alphabetically.

SCHEDULE

ACT STATUTES OF MANITOBA EXTENT OF REPEAL
THE MUNICIPAL BOUNDARIES ACT
1. The Municipal Boundaries Act C.C.S.M. c. M250 The Whole
2. An Act to Amend The Municipal Boundaries Act 1970, c. 93 The Whole
3. An Act Respecting The City of Brandon and Certain Neighbouring Municipalities 1971, c. 92 Sections 10 and 11 only
4. The Statute Law Amendment Act (1972) 1972, c. 81 Section 22 only
5. The Statute Law Amendment Act (1982) 1982, c. 51 Section 20 only
6. An Act to Amend The Queen's Bench Act and to Repeal The County Courts Act, The Surrogate Courts Act and The County Court Judges' Criminal Courts Act and to Amend The Municipal Boundaries Act 1982-83-84, c. 82 Section 26 only
7. An Act to Amend The Municipal Boundaries Act 1985-86, c. 27 The Whole
BEAUSEJOUR
8. An Act to Erect the Village of Beausejour into a Town Corporation 1912, c. 4 The Whole
9. An Act Respecting The Town of Beausejour 1970, c. 107 The Whole
BENITO
10. An Act to provide for the Incorporation of the Village of Benito 1937, c. 65 The Whole
BINSCARTH
11. An Act respecting the Village of Binscarth 1917, c. 6 The Whole
12. An Act to amend "An Act respecting the Village of Binscarth" 1918,c. 5 The Whole
BOISSEVAIN
13. An Act respecting the Town of Boissevain 1906, c. 4 The Whole
CARTWRIGHT
14. An Act to provide for the Incorporation of the Village of Cartwright 1947, c. 76 The Whole
CRYSTAL CITY
15. An Act to provide for the Incorporation of the Village of Crystal City 1947, c. 77 The Whole
DELORAINE
16. An Act respecting the Town of Deloraine 1907, c. 10 The Whole
EMERSON
17. An Act respecting the Town of Emerson 1889, c.47 The Whole
18. An Act to amend The Municipal Boundaries Act. 1892, c. 27 The Whole
ERICKSON
19. An Act to incorporate the Village of Erickson 1952 (2nd), c. 5 The Whole
GARSON
20. An Act to Change the Name of the Village of Lyall. 1927, c. 95 The Whole
GLADSTONE
21. An Act to Reduce the Limits and Boundaries of the Town of Gladstone 1903, c. 17 The Whole
GRANDVIEW
22. An Act respecting the Town of Grandview 1909, c. 23 The Whole
HARTNEY
23. An Act respecting the Town of Hartney 1905, c.17 The Whole
KILLARNEY
24. An Act respecting the Town of Killarney 1907, c. 21 The Whole
25. An Act to legalize a certain By-Law of the Town of Killarney 1946, c. 78 The Whole
26. An Act to validate By-Law No. 32-1962 of The Town of Killarney and By-Law No. 12-1962 of The Rural Municipality of Turtle Mountain, and to add certain lands to The Town of Killarney 1963, c. 105 The Whole
27. An Act to validate By-law No. 30-1966 of The Town of Killarney and By-law 11-1966 of The Rural Municipality of Turtle Mountain and to add a portion of the South East Quarter of Section Three in Township Three and Range Seventeen West of the Principal Meridian in the Province of Manitoba to The Town of Killarney 1966-67, c.78 The Whole
28. An Act to validate By-Law No. 28-1970 of the Town of Killarney and By-law No. 17-1970 of the Rural Municipality of Turtle Mountain and to add a portion of the South East Quarter of Section Three (3) in Township Three (3) and Range Seventeen (17) West of the Principal Meridian in the Province of Manitoba to the Town of Killarney 1971, c. 98 The Whole
MELITA
29. An Act respecting the Town of Melita 1906, c. 44 The Whole
MINITONAS
30. An Act to amend "The Municipal Boundaries Act". 1901, c. 29 The Whole
MORDEN
31. An Act respecting The Town of Morden 1964 (1st), c. 66 The Whole
32. An Act respecting The Town of Morden 1969, c. 15 The Whole
MORRIS
33. An Act to confirm and amend the Charter incorporating the Town of Morris, to legalize certain by-laws, and to incorporate the Town of Morris 1883, c. 60 The Whole
34. An Act respecting the Town of Morris 1926, c. 87 The Whole
35. An Act respecting the Town of Morris 1971, c. 99 Sections 1 to 9 and Section 11
OAK LAKE
36. An Act respecting the Town of Oak Lake 1907, c. 31 The Whole
37. An Act respecting the Town of Oak Lake 1921,c.l31 The Whole
POWERVIEW
38. An Act to provide for the Incorporation of the Village of Powerview 1950 (1st), c. 87 The Whole
RIVERS
39. An Act to incorporate the Town of Rivers 1913, c. 58 The Whole
ROBLIN
40. An Act respecting the Village of Roblin 1913, c. 60 The Whole
41. An Act to erect the Village of Roblin into a Town and to enlarge the Boundaries thereof and to amend The Municipal Boundaries
Act
1962,c.99 The Whole
ROSSBURN
42. An Act respecting the Village of Rossburn 1913, c. 61 The Whole
RUSSELL
43. An Act respecting the Town of Russell 1968, c. 78 The Whole
ST. LAZARE
44. An Act to provide for the Incorporation of the Village of St. Lazare 1949, c. 90 The Whole
SELKIRK
45. An Act confirming and declaring the limits and extent of the Town of Selkirk and validating the assessment, taxation and sale for arrears of taxes of certain lands in said Town 1920,c.l22 The Whole
SOURIS
46. An Act respecting the Town of Souris 1968, c. 82 The Whole
STEINBACH
47. An Act respecting The Town of Steinbach 1963, c. 112 The Whole
48. An Act respecting The Town of Steinbach 1972, c. 92 The Whole
STONEWALL
49. An Act respecting The Town of Stonewall 1908, c. 58 The Whole
50. An Act respecting The Town of Stonewall 1952 (1st), c. 76 The Whole
51. An Act to define the boundaries of The Town of Stonewall 1958 (1st), c.93 The Whole
SWAN RIVER
52. An Act respecting the Town of Swan River 1908, c. 61 The Whole
53. An Act respecting the Town of Swan River 1950 (1st), c.92 The Whole
THE PAS
54. An Act respecting the Town of The Pas 1970, c. 115 The Whole
WASKADA
55. An Act to provide for the Incorporation of the Village of Waskada 1948, c. 91 The Whole
WINKLER
56. An Act respecting the Town of Winkler 1961 (1st), c.92 The Whole
57. An Act respecting the Town of Winkler 1962, c. 111 The Whole
58. An Act respecting the Town of Winkler 1966, c.90 The Whole
WINNIPEG BEACH
59. An Act respecting the Village of Winnipeg Beach 1910, c. 80 The Whole
60. An Act to erect the Village of Winnipeg Beach into a Town Corporation 1913-14, c. 128 The Whole
61. An Act to amend "An Act to erect the Village of Winnipeg Beach into a Town Corporation" 1920, c.l53 The Whole
62. An Act to increase the Area of the Town of Winnipeg Beach 1953 (2nd), c. 73 The Whole
WINNIPEGOSIS
63. An Act to incorporate the Village of Winnipegosis 1915, c. 94 The Whole