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The Loan Act, 1989

S.M. 1989-90, c. 14

Bill 34, 2nd Session, 34th Legislature

The Loan Act, 1989

(Assented to December 8, 1989)

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

Definition

1           In this Act, "corporation" means a corporation mentioned in Schedule A or B unless otherwise indicated.

Power to borrow

2(1)        The Lieutenant Governor in Council may authorize the raising, by way of loan or loans, upon the credit of the government in accordance with the provisions of The Financial Administration Act and upon the credit of a corporation in accordance with its governing legislation, any sum or sums of money not exceeding in the aggregate the net sum of $800,000,000 that may be considered necessary for making any payments authorized or required by this Act or any subsequent Loan Act to be made out of the Consolidated Fund or for reimbursing the Consolidated Fund for any such payment made therefrom.

Lapse of borrowing authority

2(2)        Any borrowing authority provided in any previous Loan Act and not previously abated shall lapse and be written off.

Limit on borrowing

3(1)        Subject to section 2, each corporation, other than Manitoba Data Services, Co-operative Loans and Loans Guarantee Board and Communities Economic Development Fund, may, with the approval of the Lieutenant Governor in Council, by the issue and sale of its securities raise money by way of loan to the extent but not exceeding in the case of each corporation, the amount appearing opposite its name in Schedule A or B, as the case may be, reduced by the amount, if any, that the government has advanced to it or that has been authorized to be advanced to it under this Act.

Limitation thereon

3(2)        To the extent that a corporation raises money by way of loan as provided in subsection (1), the amount that may, on the authority of the Lieutenant Governor in Council, be advanced to it under section 4 is abated.

Abatement of authority

3(3)        To the extent that a corporation raises money by way of loan as provided in subsection (1), the amount that the government may, on the authority of the Lieutenant Governor in Council, raise by way of loan or loans on the credit of the government under section 2 is abated.

Power to expend

4(1)        The Lieutenant Governor in Council may authorize the expenditure of money for the purposes designated in Schedule A in the amount appearing opposite each designation in Schedule A.

Existing expenditure authority

4(2)        The expenditure authority provided in subsection (1) is in addition to authority previously voted in annual Loan Acts but not yet expended or abated as set out in Schedule B and expenditures authorized pursuant to such previously voted authority shall be deemed to be authorized pursuant to this Act.

Lapse of expenditure authority

4(3)        Any expenditure authority provided in any previous Loan Act and not included in Schedule B lapses and shall be written off.

Recital in Orders-in-Council

5           A recital or declaration in an Order of the Lieutenant Governor in Council authorizing the expenditure of moneys under this Act, that it is necessary that an advance, loan, purchase of stock or guarantee be defined as an expenditure for the purposes designated in Schedule A or B shall be conclusive proof of that fact.

Interest Rate

6           The Minister of Finance shall, at least monthly, establish a schedule of interest rates to apply on advances made under this Act and such rates shall be not less than the rate of interest estimated at the time the rates are established to be the Province's cost of borrowing for the term over which the repayment of the advance is to be made.

Authority for commitments for future years

7(1)        In addition to expenditure authority granted under section 4, authority is granted to the government to commit expenditures not to exceed in total an estimated aggregate amount of $200,000,000 for any purposes that the Minister of Finance, with the approval of the Lieutenant Governor in Council, may designate.

Additional expenditure authority

7(2)        Additional expenditure authority provided under subsection (1) may not be expended before April 1, 1990, but, with the approval of the Lieutenant Governor in Council, commitments may be made before and after that date for the expenditure of the money.

Use of money advanced

8           Money advanced by the government to a corporation or raised by a corporation pursuant to this Act by the issue and sale of its securities shall be expended by that corporation for its purposes.

Saving clause

9           Nothing in this Act limits

(a) the power of the corporations to raise money by way of loan under the respective Acts governing them for the purpose of repayment, refunding, refinancing or renewal of the whole or any part of any loan or advance made to a corporation by the government, or of securities issued by a corporation; or

(b) the authority of the corporations to exercise any of the powers granted by those Acts for any of the purposes mentioned in this section.

Guarantee of corporations' securities

10          The government may, on any terms that may be approved by the Lieutenant Governor in Council, guarantee the payment of the principal, interest and premium, if any, of any securities issued by a corporation pursuant to this Act to secure the repayment of money borrowed under the authority of this Act.

Establishment of loan funds

11(1)       The Lieutenant Governor in Council may

(a) establish and approve loan programs in respect to the purposes designated in Schedules A and B; and

(b) determine the form and nature of a program established under clause (a) and the terms and conditions under which assistance will be provided.

Authority for expenditure

11(2)       The money necessary for carrying out the loan programs established under subsection (1) may be expended by the government

(a) from money authorized to be expended under this Act to an amount not exceeding in the aggregate the sum set out opposite each specific designation in Schedule A or B, as the case may be;

(b) from money authorized to be so paid and applied under any other Act of the Legislature.

Manitoba Business Start

12(1)       Subject to subsection (2), the Lieutenant Governor in Council may make regulations

(a) establishing the Manitoba Business Start Program for the promotion and assistance of new small businesses through guarantees on loans provided through existing lending institutions;

(b) respecting the form and nature of the program established under clause (a);

(c) respecting the eligibility criteria for loan guarantees and the method of determining eligibility;

(d) respecting the method of applying for a loan guarantee and the information to be provided in support of an application;

(e) respecting the terms and conditions for guaranteeing loans;

(f) providing the maximum or minimum amounts that may be guaranteed on a loan;

(g) respecting the information required on any forms which may be used under the program established under clause (a); and

(h) respecting any other matter that the Lieutenant Governor in Council considers necessary to carry out the intent of this section.

Ceiling on obligations

12(2)       The aggregate of the possible obligations of the government arising under guarantees given under Manitoba Business Start shall not exceed $5,000,000.

Supplementary powers

13          The powers and authority herein granted to and conferred upon the Lieutenant Governor in Council or the government or the corporations do not affect but are in addition to the power and authority conferred on them by any other Act.

Coming into force

14          This Act comes into force on the day it receives the royal assent but is retroactive and deemed to have come into force on April 1, 1989.

Schedule A

The Manitoba Hydro-Electric Board $138,400,000
The Manitoba Housing and Renewal Corporation 85,200,000
The Manitoba Telephone System 35,000,000
The Manitoba Agricultural Credit Corporation 10,500,000
The University of Manitoba 10,000,000
Manitoba Hazardous Waste Management Corporation 2,100,000
BUSINESS SUPPORT:
   Vision Capital Fund 30,000,000
   Industrial Opportunities Program 15,000,000
   Manufacturing Adaptation Program       2,000,000
$328,200,000

Schedule B Expenditure Authority as at April 1, 1989 not yet expended or abated

The Manitoba Hydro-Electric Board — Limestone $   786,499,420
The Manitoba Housing and Renewal Corporation 89,753,371
The Manitoba Hospital Capital Finance Authority 80,010,500
The Manitoba Telephone System 76,175,000
Manitoba Development Corporation 41,500,000
The Manitoba Agricultural Credit Corporation 39,663,000
Federal / Provincial Water and Sewer Agreement 33,500,000
The Manitoba Water Services Board 19,800,000
Manitoba Data Services 10,925,000
Tourism Agreement 6,850,000
Energy Conservation Loan Fund 5,000,000
Communities Economic Development Fund (Loans) 3,005,000

(Guarantees)

1,400,000
The Co-operative Loans andLoans Guarantee Board (Loans) 1,680,000

(Guarantees)

1,000,000
Manitoba Hazardous Waste Management Corporation 2,200,000
Venture Manitoba Tours Ltd. 1,412,500
$1,200,373,791