S.M. 1989-90, c. 90
Bill 102, 2nd Session, 34th Legislature
The Statute Law Amendment Act, 1990
(Assented to March 15, 1990)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
THE BUILDERS' LIENS ACT
The French version of subsection 46(5) of The Builders' Liens Act is amended by striking out "d'une amende amende d'au plus" and substituting "d'une amende d'au plus".
AN ACT RESPECTING THE INSTITUTE OF CERTIFIED MANAGEMENT CONSULTANTS OF MANITOBA
The title of the English version of An Act Respecting The Institute of Certified Management Consultants of Manitoba is struck out and the title "The Institute of Certified Management Consultants of Manitoba Act" is substituted.
THE CHILD AND FAMILY SERVICES ACT
The Child and Family Services Act is amended by this section.
Subsection 19.1(2) is amended by striking out "clause 19(5)(a) or (b) or 19(6)(a) or (b)" and substituting "clause 19(3)(a) or (b) or 19(4)(a) or (b)".
Subsection 19.1(3) is amended by striking out "clause 19(5)(c) or 19(6)(c)" and substituting "clause 19(3)(c) or 19(4)(c)".
Subsection 19.1(4) is amended by striking out "subsection (2)" and substituting "subsection (3)".
Subsection 19.5(1) is amended by striking out clause (a) and substituting the following clause:
(a) the provisions of clause 19(3)(a) or (b) or 19(4)(a) or (b) are satisfied; and.
Subsection 69(5) is amended by striking out "(2) or (3)" and substituting "(2) and (3)".
Section 86 is amended by striking out "76(17)" in clause (n) and substituting "76(20)".
THE CONDOMINIUM ACT
Subsection 33(2) of The Condominium Act is amended by striking out "sub-clause 8(2)(a)(v)" and substituting "sub-clause 8(1.1)(a)(v)".
THE CORPORATIONS ACT
The English version of clause 167(1)(l) of The Corporations Act is amended by striking out "of" where it appears for the first time and substituting "or".
THE COURT OF QUEEN'S BENCH ACT
The Court of Queen's Bench Act is amended by this section.
Subsections 11(1), 12(1) and 17(1) amended
The Act is amended by striking out "Lieutenant-Governor" in the English versions of subsections 11(1), 12(1) and 17(1) and, in each case, substituting "Lieutenant Governor".
The English version of section 41 is amended by arranging the definitions in alphabetical order.
Subsection 58(2) is amended by striking out "under subsection 75(7) of The Real Property Act".
Subsection 59(2) is amended by striking out "as a result of setting aside" and substituting "as a result of obtaining or setting aside".
Subsection 88(2) is amended by striking out "sections 81, 82 or 83" and substituting "sections 80 and 81".
THE COURT OF QUEEN'S BENCH SMALL CLAIMS PRACTICES ACT
The Court of Queen's Bench Small Claims Practices Act is amended by this section.
Section 3 repealed and substituted
Section 3 is repealed and the following is substituted:
Notwithstanding The Queen's Bench Act or the rules of court that are not specifically applicable to actions and proceedings under this Act, a matter may be dealt with in the court, as provided in this Act and the rules of court that are applicable to actions and proceedings under this Act, where the matter
(a) consists solely of a claim for an amount of money not exceeding $5,000; or
(b) consists of an assessment of liability arising from a motor vehicle accident in which the claimant's vehicle is not damaged.
Sections 12, 13 and 23 amended
The English version is amended by striking out "subsections"
(a) in subsection 12(1);
(b) in subsection 12(2);
(c) in clause 13(a); and
(d) in subsection 23(1);
and, in each case, substituting "subsection".
THE CREDIT UNIONS AND CAISSES POPULAIRES ACT
The Credit Unions and Caisses Populaires Act is amended by this section.
The French version of subsection 78(5), numbered as subsection 78(6), is renumbered as subsection 78(5).
The French version of subsection 78(6), numbered as subsection 78(5), is renumbered as subsection 78(6).
THE CROWN CORPORATIONS PUBLIC REVIEW AND ACCOUNTABILITY ACT
The Crown Corporations Public Review and Accountability Act is amended by this section.
The French version of subsection 13(1) is amended by striking out "rencontre" in clause (e) and substituting "assemblée".
The Schedule is amended by striking out "Manfor Ltd." and "Manitoba Oil and Gas Corporation".
THE DANGEROUS GOODS HANDLING AND TRANSPORTATION ACT
Section 1 of The Dangerous Goods Handling and Transportation Act is amended by striking out "The Clean Environment Act" in the definition of "Clean Environment Commission" and substituting "The Environment Act".
THE DENTAL HEALTH SERVICES ACT
The Dental Health Services Act is amended by this section.
Section 9 is amended by renumbering it as subsection 9(1) and by adding the following after clause (e):
(f) establishing the remuneration to be paid to dentists who provide dental services on a basis other than a fee for services rendered.
The following is added as subsection 9(2):
A regulation under clause (1)(d) or (f) may be made retroactive to a date fixed in the regulation.
THE REGISTERED DIETITIANS ACT
The French version of The Registered Dietitians Act is amended by making the grammatical modifications required as a consequence of the amendments to that Act made by section 9 of The Statute Law Amendment Act (1988), being chapter 13 of the Statutes of Manitoba, 1988-89.
THE EMERGENCY MEASURES ACT
The Emergency Measures Act is amended by this section.
Section 10 is amended by adding the following subsection:
Regulations Act not applicable
The Regulations Act does not apply to a declaration under subsection (1) or to an extension of the duration of a declaration under subsection (4).
Section 14 is amended by renumbering the section as subsection (1) and by adding the following subsection:
Regulations Act not applicable
The Regulations act does not apply to the termination of a state of emergency under subsection (1).
Section 15 is amended by adding the following subsection:
Regulations Act not applicable
The Regulations Act does not apply to the termination of a state of local emergency under subsection (2).
THE EMPLOYMENT STANDARDS ACT
The French version of the definition of "board" in section 30 of The Employment Standards Act is repealed and the following definition is substituted:
«Commission» La Commission du travail du Manitoba. ("board").
THE ENVIRONMENT ACT
Subsection 6(7) of The Environment Act is amended by striking out "88" and substituting "86".
THE EXPROPRIATION ACT
Section 16 of The Expropriation Act is amended by adding the following subsection:
Subject to subsection 15(3), the authority, from time to time before the offer is accepted, may, by writing served on the registered owner, amend or change an offer made under this section, but shall, until the compensation is determined under this Act, hold open for acceptance by the registered owner an offer to pay an amount in settlement of the compensation.
THE FAMILY FARM PROTECTION ACT
The Family Farm Protection Act is amended by striking out "The Manitoba Mediation Board"
(a) in the definition of "board" in section 1; and
(b) in subsection 3(1);
and, in each case, substituting "The Manitoba Farm Mediation Board".
THE FINANCIAL ADMINISTRATION ACT
The Financial Administration Act is amended by this section.
The following section is added after section 44:
Every minister shall, within one month of the awarding of a contract valued at more than $1,000, other than by public tender, by any department or agency for which he or she is responsible provide to the Minister of Finance the details of the contract including the name of the person to whom the contract was awarded and the value of the contract.
The Minister of Finance shall, immediately on receipt of information pursuant to subsection (1), make that information available to the public.
Subsection 65(1) repealed and substituted
Subsection 65(1) is repealed and the following subsection is substituted:
The minister may enter into such contracts and agreements relating to the raising of money by way of loan or the issue and sale of provincial securities as the Lieutenant Governor in Council approves; but, where the Lieutenant Governor in Council authorizes the raising or renewal of a loan by the issue and sale of treasury bills or notes, the Lieutenant Governor in Council may authorize the minister to offer the treasury bills or notes for sale payable in the currency of any country or in units of monetary value, upon such terms and conditions, including the date of issue and the date of maturity thereof, and the rate of interest, if any, to be paid thereon as the minister deems expedient and to sell any or all of the treasury bills or notes in such principal amount or amounts and for such price or prices as the minister may accept.
Section 67 is amended by adding the following subsection:
Foreign currency treasury bills and notes
Notwithstanding subsection (1), where under any Act of the Legislature the Lieutenant Governor in Council authorizes the minister to raise by way of loan a specific or maximum number of dollars by the issue and sale of treasury bills or notes, if the amount of the loan is raised, in whole or in part, by the issue and sale of treasury bills or notes payable in the currency of any country other than Canada or in units of monetary value, the Act authorizes the raising of an equivalent amount in that other currency or the units of monetary value calculated in accordance with the nominal rate of exchange between the Canadian dollar and that currency or the units of monetary value on the business day next preceding the date of issue of the treasury bills or notes as that nominal rate is determined by any bank in Canada.
THE HERITAGE RESOURCES ACT
The French version of subsection 43(2) of The Heritage Resources Act is amended by striking out "(i), (ii), (iii) ou (iv)" and substituting "a), b) ou c)".
THE INTERPRETATION ACT
The English version of section 25 of The Interpretation Act is amended by striking out "ive" in the last line of clause (b) and substituting "give".
THE RECIPROCAL ENFORCEMENT OF JUDGMENTS ACT
Section 6 of The Reciprocal Enforcement of Judgments Act is repealed and the following section is substituted:
Where judgment not in English or French
Where a judgment sought to be registered under this Act is in a language other than the English or French language, the judgment or the exemplification or certified copy thereof, as the case may be, shall have attached thereto, for all purposes of this Act, a translation in the English or French language approved by the court and, upon such approval being given, the judgment shall be deemed to be in the English or French language, as the case may be.
THE LEGISLATIVE ASSEMBLY ACT
The Legislative Assembly Act is amended by this section.
The English version of clause 40(1)(b) is repealed and the following clause is substituted:
(b) obstructing, threatening, or attempting to coerce or intimidate, members of the assembly;.
The English version of subsection 68(2) is amended by striking out "59(3)" and substituting "53(3)".
The English version of section 74 is amended by striking out "N=PxC/D" and substituting "N=(PxC)/D".
THE LEGISLATIVE ASSEMBLY AND EXECUTIVE COUNCIL CONFLICT OF INTEREST ACT
Subject to subsection 18(2) of this Act, section 9.1 of The Legislative Assembly and Executive Council Conflict of Interest Act is repealed.
THE LOCAL GOVERNMENT DISTRICTS ACT
Subsection 9(4) of The Local Government Districts Act is amended by striking out "There may be appointed, as provided in The Civil Service Act," and substituting "The Lieutenant Governor in Council may appoint".
THE MARRIAGE ACT
The Marriage Act is amended by this section.
Subsection 7(1) is amended by striking out "Lieutenant Governor in Council" where it appears for the first time and again for the second time and, in each case, substituting "minister".
The minister may revoke any appointment made by the Lieutenant Governor in Council under subsection 7(1) of The Marriage Act as it was before the coming into force of this section.
THE MEDICAL ACT
The English version of subsection 65(1) of The Medical Act is amended by striking out "special register" in clause (f) and substituting "specialist register".
THE MINING TAX ACT
Formula 1 in the Schedule to The Mining Tax Act is amended by striking out "The Clean Environment Act" and substituting "The Environment Act".
THE MORTGAGE ACT
Subsection 24(2) of The Mortgage Act is amended by striking out "137" and substituting "143".
THE MORTGAGE DEALERS ACT
Subsection 3(2) of The Mortgage Dealers Act is amended by striking out "clause 19(2)(4)" in clause (b) and substituting "clause 19(2)(d)".
THE MUNICIPAL ACT
The Municipal Act is amended by this section.
The French version of section 1, numbered as subsection 1(1), is renumbered as section 1.
The French version of subsection 202(3), numbered as subsection 203(3), is renumbered as subsection 202(3).
Subsection 303(1) is amended
(a) by striking out "302(2)" in clause (a) and again in clause (c) and, in each case, substituting "302(1)"; and
(b) by striking out "302(3)" in clause (a) and again in clause (c) and, in each case, substituting "302(2)".
The French version of subsection 481(1) is amended by striking out "le principal de dette" and substituting "le principal de la dette".
The unnumbered French version of subsection 526(2) is numbered as subsection 526(2).
The English version of subsection 725(2), numbered as section 725, is renumbered as subsection 725(2).
The French version of section 751, numbered as subsection 751(1), is renumbered as section 751.
THE MUNICIPAL ASSESSMENT ACT
The Municipal Assessment Act is amended by this Act.
Section 1 is amended by striking out "in lieu" in clause (b) of the definition of "assessable property" and substituting "in the place".
Section 1 is further amended by striking out "properties in place of taxes" in clause (b) of the definition of "total municipal assessmentS" and substituting "properties, in the place of taxes,".
The French version of subsection 13(1) is amended by adding "immédiate" after "proximité" in sub-clause (b)(iv).
Subsection 17(10) is amended by striking out "representative of" in clause (b) and substituting "that represents".
Section 24 repealed and substituted
Section 24 is repealed and the following section is substituted:
An exemption applicable to real property under subsection 22(1) or section 23 extends to include land that is contiguous to the real property.
Subsection 47(3) is amended
(a) by striking out "in order" in clause (c) and substituting "in the order"; and
(b) by striking out "points litigieux soulevés dans la requête" in the French version of clause (c) and substituting "questions indiquées dans l'ordonnance".
Section 48 is amended by adding "or produce documents" after "refuses to testify".
Subsection 57(2) is amended by striking out "subsection 54(6)" and substituting "subsection 54(5)".
Subsection 60(1) is amended by striking out sub-clauses (b)(i) and (ii) and substituting the following sub-clauses:
(i) subject to subsection (2), to raise or lower the assessed value of the subject property, or
(ii) to change the classification of the subject property; or.
Subsection 62(1) is amended by striking out "apply" and substituting "applies".
Section 66 is amended by striking out "the amount of resulting" and substituting "the amount resulting".
THE MUNICIPAL BOARD ACT
Subsection 95(4) of The Municipal Board Act is amended by striking out "subsection (2)" and substituting "subsection (3)".
THE NATURAL PRODUCTS MARKETING ACT
Section 23 of The Natural Products Marketing Act is repealed and the following section is substituted:
Milk Prices Review Commission may be appointed
The Lieutenant Governor in Council may establish The Manitoba Milk Prices Review Commission as constituted under The Milk Prices Review Act, as a marketing commission within the meaning of this Act.
THE OPTOMETRY ACT
The Optometry Act is amended by this section.
Section 10 is repealed and the following section is substituted:
Every person who has received a certificate of registration under any Act for which this Act is substituted, continues to be entitled to practise optometry under this Act, subject to this Act.
The Act is amended by striking out "or exemption"
(a) in section 14;
(b) in subsection 19(1); and
(c) in subsection 19(2).
THE PUBLIC PRINTING ACT
The Public Printing Act is amended by this section.
Section 1 is amended by repealing the definitions of "micrographics" and "stationery and office supplies".
Section 8 is repealed and the following section is substituted:
The Queen's Printer, under the direction of the minister, has the management and control of all printing, preparatory aspects of printing and statutory publications for the government and the several departments thereof and government agencies that are not incorporated; and has such other powers, and shall discharge such other duties, as are conferred or imposed upon the Queen's Printer by this Act or any other Act of the Legislature.
Subsection 9(1) is amended by repealing clauses (a), (b) and (c) and substituting the following clauses:
(a) all printing, preparatory aspects of printing and statutory publications, and supplies and services with respect thereto; and
(b) all advertising;.
Subsection 9(3) is repealed and the following subsection is substituted:
Subsection (1) does not apply to any printing or preparatory aspects of printing or any supplies or services in relation thereto that are done or executed or provided by a person in the service of the government or by or on a machine or equipment owned or operated by the government.
Subsection 11(1) is amended
(a) by striking out "micrographics" and substituting "or"; and
(b) by striking out "or stationery and office supplies".
Subsection 12(1) is amended
(a) by striking out "afferents" in the French version and substituting "liés à ces derniers et"; and
(b) by striking out "and for the provision of stationery and office supplies".
Subsection 12(2) rep. and sub.
Subsection 12(2) is repealed and the following subsection is substituted:
Subject to subsections (3) and (4), working capital provided under subsection (1) shall be placed to the credit of an account specified by the Minister of Finance in the books of the government, and all disbursements in connection with the supply, procurement or provision of printing, preparatory aspects of printing or statutory publications, including salaries of persons employed in the office and plant of the Queen's Printer, shall be charged to that account, and all moneys paid to the Queen's Printer, or otherwise received for or in respect of printing, preparatory aspects of printing or statutory publications, shall be credited to that account.
Section 13 is amended
(a) by striking out "micrographics" and substituting "or";
(b) by striking out "and stationery and office supplies"; and
(c) by striking out "encourues" in the French version and substituting "engagées".
THE PUBLIC UTILITIES BOARD ACT
The Public Utilities Board Act is amended by this section.
Subsection 2(5) is repealed and the following subsection is substituted:
Subject to Part IV of The Crown Corporations Public Review and Accountability Act and except for the purposes of conducting a public hearing in respect of an application made to the board under subsection 38(2) or 50(4) of The Manitoba Hydro Act, this Act, other than subsection 83(4) and the regulations under that subsection, does not apply to Manitoba Hydro and the board has no jurisdiction or authority over Manitoba Hydro.
The English version of subsection 26(1) is amended by striking out "penalty penalty or forfeiture" and substituting "penalty or forfeiture".
Section 58.1, as enacted by subsection 38(3) of The Crown Corporations Public Review and Accountability and Consequential Amendments Act, being chapter 23 of the Statutes of Manitoba, 1988-89, is renumbered as section 58.4.
THE REAL ESTATE BROKERS ACT
Section 1 of The Real Estate Brokers Act is amended by adding "or 'salesperson'" after "salesman" in the definition of "real estate salesman".
THE REAL PROPERTY ACT
The Real Property Act is amended by this section.
Subsection 72(4) is amended by striking out "the registered owner or person entitled to be the registered owner" and substituting "the party to an instrument".
The French version of subsection 75(2) is amended by striking out "1989" and substituting "1987".
Subsection 109 is amended by adding the following subsection:
A postponement under subsection (1) may be executed by an agent where that agent also executed the instrument affected.
THE SUITORS' MONEYS ACT
Subsection 8(1) of The Suitors' Moneys Act is repealed and the following subsection is substituted:
Where moneys paid into court in respect of an action have not been paid out within five years after having been paid in, the accountant shall cause a notice, setting out the style of cause of the action and the amount of the moneys, to be published in one issue of The Manitoba Gazette.
THE WATER RIGHTS ACT
The Water Rights Act is amended by this section.
Subsection 4(2) repealed and substituted
Subsection 4(2) is repealed and the following subsection is substituted:
An order made under subsection (1) shall be served on the person to whom it is directed
(a) by personal service; or
(b) by leaving a copy of the order with an adult person on the affected land; or
(c) by posting a copy of the order in a conspicuous place on the affected land, if no adult person is found thereon.
Subsections 5(3) and 7(6) repealed
Subsections 5(3) and 7(6) are repealed.
Section 18 repealed and substituted
Section 18 is repealed and the following section is substituted:
The minister or a person authorized by the minister may enter on any land for the purpose of
(a) inspecting any works constructed or established, or being constructed, established or maintained, by a licensee or permit holder; or
(b) investigating a suspected or alleged contravention of this Act or the regulations.
Subsection 23(1) repealed and substituted
Subsection 23(1) is repealed and the following subsection is substituted:
A person who contravenes or fails to comply with
(a) a provision of this Act or the regulations; or
(b) an order made under this Act; or
(c) a condition of a licence or permit issued under this Act;
is guilty of an offence and liable on summary conviction to a fine of not more than $10,000 or to imprisonment for not more than three months or both and, where the person is a corporation, to a fine of not more than $25,000.
Section 26 is amended
(a) by repealing clause (b) and substituting the following clause:
(b) respecting the duration and renewal of licences and permits and prescribing the terms and conditions to which they are subject;
(b) by adding the following clause after clause (n):
(o) exempting or excluding from the application of all or any part of this Act any class of works or activity.
THE CITY OF WINNIPEG ACT
The City of Winnipeg Act is amended by this section.
Section 1 is amended by striking out "Part III" in the definition of "board of revision" and substituting "Part 8".
The Act is amended by striking out "Part IV"
(a) in subsection 183(5);
(b) in section 187;
(c) in subsection 208(6);
(d) in subsection 208(8); and
(e) in subsection 374(2);
and, in each case, substituting "Part 8".
Subsection 183(7) is amended by striking out "Part IV (Revision of Assessment)" and substituting "Part 8".
Section 195 is amended by striking out "Parts III (Board of Revision) and IV (Revision of Assessment)" and substituting "Part 8".
Subsection 229(4) is amended by striking out "Parts III and IV" and substituting "Part 8".
THE CITY OF WINNIPEG AMENDMENT ACT
The City of Winnipeg Amendment Act is amended by this section.
Section 15.1 repealed and substituted
Section 15.1 is repealed and the following section is substituted:
Transitional: resident advisory groups
Section 23 of The City of Winnipeg Act, as it was before the repeal thereof by section 3 of this Act, is renumbered as section 23.1 and, notwithstanding the repeal, remains in force as section 23.1 of The City of Winnipeg Act and is repealed on the day that section 41 of The City of Winnipeg Act, as enacted by section 3 of this Act, comes into force.
Subsection 16(4) is amended by striking out "and subsection 31(2)" and substituting "subsection 31(2) and section 41".
COMING INTO FORCE
Subject to subsections (2) to (8), this Act comes into force on the day it receives the royal assent.
Coming into force of sections 12 and 16
Sections 12 and 16 are retroactive and are deemed to have been in force on and from December 20, 1988.
Coming into force of section 22
Section 22 is retroactive and is deemed to have been in force on and from February 1, 1988.
Coming into force of section 31
Section 31 is retroactive and is deemed to have been in force on and from January 12, 1990.
Coming into force of subsection 36(2)
Subsection 36(2) is retroactive and is deemed to have been in force on and from January 17, 1989.
Coming into force of section 37
Section 37 is retroactive and is deemed to have been in force on and from January 1, 1990.
Coming into force of subsection 38(3)
Subsection 38(3) is retroactive and is deemed to have been in force on and from August 19, 1987.
Coming into force of section 42
Section 42 is retroactive and is deemed to have been in force on and from November 3, 1989.