Skip to main content
The Manitoba Data Services Disposition and Consequential Amendments Act

S.M. 1989-90, c. 65

Bill 98, 2nd Session, 34th Legislature

The Manitoba Data Services Disposition and Consequential Amendments Act

(Assented to March 15, 1990)

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

Definitions

1           In this Act,

"Director" means the Director appointed under The Corporations Act; («directeur»)

"Manitoba Data Services" means Manitoba Data Services continued as a body corporate under The Manitoba Data Services Act; («Commission»)

"purchaser" means the purchaser of all or any part of the assets or shares of Manitoba Data Services. («acheteur»)

Sale of assets

2           Notwithstanding The Manitoba Data Services Act and subject to the approval of the Lieutenant Governor in Council, the Minister of Finance may enter into transactions that provide, directly or indirectly, for the sale, assignment, transfer or other disposition of all or substantially all of the assets, business and undertakings of Manitoba Data Services to a purchaser on any terms and conditions that may be approved by the Lieutenant Governor in Council and for any consideration that may be approved by the Lieutenant Governor in Council.

Shares issued on request of minister

3(1)        On the request of the Minister of Finance, Manitoba Data Services shall issue to the Minister of Finance any number of common shares that the minister may request in consideration of a reduction of advances or any part of advances made by the government to Manitoba Data Services.

Authorized capital

3(2)        Where the minister requests shares pursuant to subsection (1), the authorized capital of Manitoba Data Services is deemed to be an unlimited number of common shares.

Minister to hold shares for Crown

3(3)        Subject to subsection (5), the Minister of Finance shall hold the shares of Manitoba Data Services on behalf of Her Majesty in right of Manitoba.

No shares issued other than to Crown

3(4)        Manitoba Data Services shall not issue its shares or any of them to any person other than the Minister of Finance.

Transfer of shares

3(5)        The Minister of Finance may enter into any transactions to sell, assign, transfer or otherwise dispose of the shares of Manitoba Data Services or any of them to a purchaser on any terms and conditions and for any consideration that the Lieutenant Governor in Council may approve.

Continuance under The Corporations Act

4(1)        Notwithstanding any other Act, Manitoba Data Services may apply for a certificate of continuance pursuant to subsection 181(2) of The Corporations Act, upon a resolution of the Manitoba Data Services Commission authorizing such application, by filing articles of continuance with the Director.

Director to issue certificate

4(2)        On the filing of articles of continuance pursuant to subsection (1) together with a fee in the amount of $250., the Director shall issue to Manitoba Data Services a certificate of continuance.

Effect of certificate

5           On the issuance of the certificate of continuance pursuant to subsection 4(2) by the Director,

(a)The Corporations Act applies to Manitoba Data Services as if it had been incorporated under that Act; and

(b)The Manitoba Data Services Act no longer applies to Manitoba Data Services.

Definitions

6(1)        In this section,

"board" means The Civil Service Superannuation Board constituted pursuant to The Civil Service Superannuation Act; («Régie»)

"date of purchase" means the day on which a purchaser purchases all or part of the assets or shares of Manitoba Data Services; («date d'achat»)

"fund" means The Civil Service Superannuation Fund constituted pursuant to The Civil Service Superannuation Act; («caisse»)

"pension plan" means the pension plan established for persons who are employees of Manitoba Data Services on the date of purchase. («régime de pension»)

Superannuation benefits

6(2)        For the purposes of this Act and notwithstanding The Civil Service Superannuation Act,

(a)Manitoba Data Services and the Minister of Finance may, in any proportion as between them that may be determined by the Minister of Finance, transfer to a trust account established by the Minister of Finance, an amount equal to the share which Manitoba Data Services has of the actuarial liability for benefits accumulated under The Civil Service Superannuation Act as a result of service to the date of purchase by persons who are employees of Manitoba Data Services on the date of purchase and who continue to be employees of the purchaser or the purchaser's subsidiary for at least 60 days after the date of purchase, as that liability and each of the elements used in arriving at that liability may be determined by the board's actuary and accepted by the board, the Minister of Finance and the purchaser;

(b) the Minister of Finance may, subject to subsection (4), transfer the amount held in the trust account mentioned in clause (a) or any part of that amount to a pension trust fund established for the purchaser's pension plan or for the pension plan of the purchaser's subsidiary, as the case may be, or to the fund;

(c) the board may, subject to subsection (4), transfer to a pension trust fund established for the purchaser's pension plan or for the pension plan of the purchaser's subsidiary, as the case may be, an amount equal to the share which the fund has of the actuarial liability for benefits accumulated under The Civil Service Superannuation Act as a result of service to the date of purchase by persons who are employees of Manitoba Data Services on the date of purchase and who continue to be employees of the purchaser or the purchaser's subsidiary for at least 60 days after the date of purchase, as that liability and each of the elements used in arriving at that liability may be determined by the board's actuary and accepted by the board, the Minister of Finance and the purchaser;

(d) persons who were employees of Manitoba Data Services and who are receiving a pension or are entitled to a paid-up deferred pension from the fund on the date of purchase and persons who are employees of Manitoba Data Services on the date of purchase and who cease to be employees of the purchaser or the purchaser's subsidiary on or before a date which is 60 days after the date of purchase shall continue to be entitled to benefits determined in accordance with The Civil Service Superannuation Act, and Manitoba Data Services and the Minister of Finance shall transfer to the fund, in any proportion as between them that may be determined by the Minister of Finance, an amount equal to the share which Manitoba Data Services has of the actuarial liability for such benefits, as that liability and each of the elements used in arriving at that liability may be determined by the board's actuary and accepted by the board, the Minister of Finance and the purchaser.

Date of determination

6(3)        Every actuarial liability required to be determined under subsection (2) shall be determined as at the date of purchase and the amount of such liability shall be adjusted to reflect assumed investment proceeds, actual contributions received and benefits and expenses paid after the date of purchase and any amounts already transferred.

Condition of transfers

6(4)        No transfers shall be made under clause (2)(b), (c) or (d) until

(a) an agreement is executed between the Minister of Finance and the purchaser requiring the purchaser or a subsidiary of the purchaser to establish a pension plan for persons who are employees of Manitoba Data Services on the date of purchase that is equivalent, to the extent possible, to The Civil Service Superannuation Act; and

(b) the purchaser's pension plan established as described in clause (a) has been accepted for registration under The Pension Benefits Act.

Definitions

7(1)        In this section,

"board" means The Civil Service Superannuation Board constituted pursuant to The Civil Service Superannuation Act; («Régie»)

"date of purchase" means the day on which a purchaser purchases all or part of the assets or shares of Manitoba Data Services; («date d'achat»)

"group insurance plan" means the group insurance plan established for persons who are employees of Manitoba Data Services on the date of purchase. («régime d'assurance collective»)

Insurance benefits

7(2)        For the purposes of this Act and notwithstanding The Public Servants Insurance Act,

(a) the board may, subject to subsection (4), transfer to a separate trust fund established for the purchaser's group insurance plan or for the group insurance plan of the purchaser's subsidiary, as the case may be, an amount equal to the actuarial liability for benefits accumulated under The Public Servants Insurance Act as a result of service to the date of purchase by persons who are employees of Manitoba Data Services on the date of purchase and who continue to be employees of the purchaser or the purchaser's subsidiary for at least 60 days after the date of purchase, as that liability and each of the elements used in arriving at that liability may be determined by the board's actuary and accepted by the board, the Minister of Finance and the purchaser;

(b) persons who were employees of Manitoba Data Services and are entitled to benefits under The Public Servants Insurance Act and persons who are employees of Manitoba Data Services on the date of purchase and who cease to be employees of the purchaser or the purchaser's subsidiary as a result of retirement or disablement on or before a date which is at least 60 days after the date of purchase shall continue to be entitled to benefits determined in accordance with The Public Servants Insurance Act.

Date of determination

7(3)        Every actuarial liability required to be determined under subsection (2) shall be determined as at the date of purchase and the amount of such liability shall be adjusted to reflect assumed investment proceeds, actual contributions received and benefits and expenses paid after the date of purchase and any amounts already transferred.

Condition of transfers

7(4)        No transfers shall be made under this section until:

(a) an agreement is executed between the Minister of Finance and the purchaser requiring the purchaser or a subsidiary of the purchaser to establish a group insurance plan for persons who are employees of Manitoba Data Services on the date of purchase that is equivalent, to the extent possible, to The Public Servants Insurance Act; and

(b) the group insurance plan established as described in clause (a) has been reviewed and found to be acceptable by the board's actuary and the Minister of Finance.

Conflict

8           In the case of a conflict between this Act and any other Act, this Act prevails to the extent of the conflict.

C.C.S.M. c. D15, repealed

9           The Manitoba Data Services Act is repealed.

C.C.S.M. c. C336, Schedule amended

10          The Schedule to The Crown Corporations Public Review and Accountability Act is amended by striking out "Manitoba Data Services".

C.C.S.M. c. L120, section 15.1 added

11          The Legislative Library Act is amended by adding the following section after section 15:

Information storage and processing

15.1(1)     Subject to subsection (2), nothing in this Act or any other Act prevents the storage or processing of information generated or received by the government or a government agency by a person other than an employee or agency of the government, and no person contravenes any Act or regulation by transmitting any such information to such a person.

Provisions regarding confidentiality required

15.1(2)     Where a person other than an employee or agency of the government is to store or process information described in subsection (1), the agreements executed to authorize the storage or processing shall include provisions guaranteeing the confidentiality of the information to be stored or processed.

Offence and penalty

15.1(3)     Where a person who stores or processes information described in subsection (1), without lawful authority, wilfully or negligently discloses information that is in a category of information protected by section 41 of The Freedom of Information Act, that person is guilty of an offence and is liable on summary conviction,

(a) in the case of an individual, to a fine not exceeding $5000. or to imprisonment for a term not exceeding six months, or both; and

(b) in the case of a corporation, to a fine not exceeding $25,000.

Offence by director of corporation

15.1(4)     Where a corporation is convicted of an offence under subsection (3), every officer, director, employee or agent of the corporation who authorized the commission of the offence or assented to it or acquiesced or participated in it is also guilty of an offence and is liable to the penalty provided for in clause (3)(a).

C.C.S.M. c. M226, clause 22(1)(a) amended

12          Subclause 22(1)(a)(iii) of The Municipal Assessment Act is repealed.

Coming into force

13(1)       Subject to subsection (2), this Act comes into force on the day it receives royal assent.

Sections 9, 10 and 12, proclamation

13(2)       Sections 9, 10, and 12 of this Act come into force on a day fixed by proclamation.