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The Public Works Amendment Act

S.M. 1988-89, c. 29

Bill 49, 1st Session, 34th Legislature

The Public Works 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:

C.C.S.M. c. P300 amended

1           The Public Works Act is amended by this Act.

Subsection 5(2) rep. and sub.

2           Subsection 5(2) is repealed and the following is substituted:

Offence and liability

5(2)        A person who enters or uses a public work, or a part of a public work, closed under subsection (1), or who removes or defaces a notice or obstruction placed there by lawful authority, is guilty of an offence and, in addition to any other penalty, is liable to the government for damage to the public work occasioned by the use or entry.

Subsection 7(2) amended

3           Subsection 7(2) is amended

(a) by striking out ", on summary conviction," and

(b) by striking out "$100." and substituting "$200".

Subsection 14(1) rep. and sub.

4           Subsection 14(1) is repealed and the following is substituted:

Damage to public works

14(1)       A person who damages, breaks or destroys a public work, or renders a public work unfit for use, or so deals with a public work as to limit or render difficult its use, is guilty of an offence and, in addition to any other penalty, is liable to the government for damage or breakage to, or destruction of, the public work.

Clause 20(4)(c) amended

5           Clause 20(4)(c) is amended by striking out "violation tags" and substituting "offence notices".

Subsection 22(1) amended

6           Subsection 22(1) is amended by adding ", or a peace officer authorized to enforce this Act," after "The minister".

Section 24 rep. and sub.

7           Section 24 is repealed and the following is substituted:

Offence and penalty

24          A person who contravenes a provision of this Act or a regulation, direction or order made under this Act, is guilty of an offence and, except where another penalty is provided for, is liable to a fine not exceeding $250.

Section 25 repealed

8           Section 25 is repealed.

Section 26 amended

9           Section 26 is amended

(a) by striking out all the words before clause (a) and substituting "The Lieutenant Governor in Council may make regulations", and

(b) by adding the following after clause (c):

(d) establishing a schedule of fines and costs, including reduced penalties for payment within specified time periods, for use in offence notices;

(e) authorizing the use on offence notices of words, expressions and abbreviations to designate offences.

Coming into force

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