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The Statute Law Amendment (Re-enacted Statutes) Act, 1990

S.M. 1989-90, c. 91

Bill 103, 2nd Session, 34th Legislature

The Statute Law Amendment (Re-enacted Statutes) 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:

PART 1

RE-ENACTED STATUTES, 1987

THE AMUSEMENTS ACT

C.C.S.M. c. A70 amended

1(1)        The Amusements Act is amended by this section.

Section 33 amended

1(2)        Section 33 is amended by adding "a" after "of".

Section 45 amended

1(3)        Section 45 is amended by striking out "guilty to" and substituting "guilty of".

THE CONSUMER PROTECTION ACT

C.C.S.M. c. C200 amended

2           The French version of subsection 5(3) of The Consumer Protection Act is amended by adding "d'emprunt au moment où la convention est signée," after "être basés sur le taux annuel réel des frais".

THE EMPLOYMENT STANDARDS ACT

C.C.S.M. c. E110 amended

3           Subsection 35(6) of The Employment Standards Act is amended by striking out "preceding or".

THE MANITOBA ENERGY AUTHORITY ACT

C.C.S.M. c. E112 amended

4           Sections 36, 55 and 56 of The Manitoba Energy Authority Act are repealed.

THE EXPROPRIATION ACT

C.C.S.M. c. E190 amended

5           Subsection 27(4) of The Expropriation Act is amended by adding "land taken was used, except that no consideration shall be given to any greater" before "or lesser value".

THE GARAGE KEEPERS ACT

C.C.S.M. c. G10 amended

6           The definition of "judge" in subsection 13(1) of The Garage Keepers Act is repealed and the following is substituted:

"judge" includes a court officer as defined in The Court of Queen's Bench Small Claims Practices Act; ("juge")

THE LABOUR RELATIONS ACT

C.C.S.M. c. L10 amended

7(1)        The Labour Relations Act is amended by this section.

Subsection 4(3) amended

7(2)        Subsection 4(3) is repealed and the following is substituted:

Subject to other Acts

4(3)         This Act is subject to

(a)The Fire Departments Arbitration Act;

(b)The Civil Service Act;

(c) for the period from February 1, 1988 to December 21, 1989, to sections 473 and 474 of The City of Winnipeg Act, S.M. 1971, c. 105; and

Clause 4(3)(d) added

7(3)        Subsection 4(3) is further amended by adding the following after clause (c):

(d) from December 22, 1989, to sections 462 and 463 of The City of Winnipeg Act, S.M. 1989-90, c. 10.

THE MINING TAX ACT

C.C.S.M. c. M195 amended

8           Subsection 1(2) of The Mining Tax Act is amended by striking out ", but subject to subsection 47(2),".

THE REGISTERED NURSES ACT

C.C.S.M. c. R40 amended

9           Section 2 of The Registered Nurses Act is amended by striking out "Act" before "is continued".

THE TEACHERS' PENSIONS ACT

C.C.S.M. c. T20 amended

10          Clause 73(i) of The Teachers' Pensions Act is amended by striking out "41(9)" and substituting "41(12)".

PART 2

RE-ENACTED STATUTES, 1988

THE CIVIL SERVICE SUPERANNUATION ACT

C.C.S.M. c. C120 amended

11(1)       The Civil Service Superannuation Act is amended by this section.

Subs. 1(1) "Approved benefit index" amended

11(2)       The definition of "approved benefit index" in subsection 1(1) is amended

(a) by striking out "32(2)" and substituting "32(1) or 33(5)"; and

(b) by striking out "32(3)" and substituting "32(2) or 33(6)";

Subs. 1(1) "civil service" amended

11(3)       The definition of "civil service" in subsection 1(1) is amended by striking out ""civil service" means" and substituting ""civil service" or "service" means";

Subs. 1(1) "Ordinary allowance" amended

11(4)       The definition of "ordinary allowance" in subsection 1(1) is amended by striking out "28(1)" and substituting "28";

Subs. 1(1) "Person employed full time" amended

11(5)       The definition of "person employed full time" in subsection 1(1) is amended by striking out "section 1" and substituting "subsection 1(1)";

Subsection 2(3) repealed

11(6)       Subsection 2(3) is repealed.

Section 2 amended

11(7)       Section 2 is amended by adding the following after subsection (8):

Service of Hospital Service employees

2(9)        Subject to subsection 4, all those persons

(a) who, on July 1, 1960, were employed under the Minister of Health and Public Welfare and were engaged in the administration of The Hospital Services Insurance Act; and

(b) who

(i) were, on June 30, 1958, employed by Manitoba Hospital Service Association and entitled to receive benefits under the employees' pension or superannuation plan established by that association, and

(ii) on July 1, 1958, became employed in the manner mentioned in clause (a) and continued in that employment to July 1, 1960,

shall be deemed to be, and to have been, employees for the purposes of this Act, on, from, and after, July 1, 1958.

Employee not on M.H.S.A. pension fund

2(10)       All those persons

(a) to whom clause 9(a) applies;

(b) who were, on June 30, 1958, employed by Manitoba Hospital Service Association but were not entitled to receive benefits under the employees' pension or superannuation plan established by that association; and

(c) who are persons to whom subclause 9(b)(ii) applies;

shall be deemed not to be, or to have been, employees during any period before July 1, 1960.

Persons employed since June 30, 1958

2(11)       Every person who, after June 30, 1958, became employed in the manner mentioned in clause (9)(a), but who was not employed by Manitoba Hospital Service Association on June 30, 1958, shall be deemed not to be, or to have been, an employee during any period before July 1, 1960, unless before July 1, 1960 he was an employee.

Subsection 6(8) amended

11(8)       Subsection 6(8) is amended by striking out "35(2)" and substituting "35(1.1)".

Subsection 21(8) amended

11(9)       Subsection 21(8) is amended by adding "(3)," before "(4)".

Subsection 22(4) amended

11(10)      Subsection 22(4) is amended by striking out "53(7)" and substituting "53(8)".

Clause 23(2)(a) amended

11(11)      Clause 23(2)(a) is amended

(a) in subclause (i), by striking out "in the civil service and not employed"; and

(b) in subclause (ii), by striking out "not".

Section 28 amended

11(12)      Section 28 is amended

(a) by striking out "early" in the section heading; and

(b) by striking out "section 60" and substituting "section 59 or 60".

Clause 29(1)(c) amended

11(13)      Clause 29(1)(c) is amended

(a) by striking out "section 29" and substituting "section 28"; and

(b) by striking out "his application to have the provisions of section 60 apply to him" and substituting "his notice under section 59 or 60".

Subsection 29(1) amended

11(14)      Subsection 29(1) is amended by striking out "as provided in section 59" and substituting "at the normal retirement age".

Clause 29(1)(h)

11(15)      Clause 29(1)(h) is amended by striking out "subsection (8)" and substituting "subsection (7)".

Subsection 29(7) amended

11(16)      Subsection 29(7) is amended by striking out "clause 1(e)" and substituting "clause 1(i)".

Section 35 amended

11(17)      Section 35 is amended by adding the following after subsection (1):

War service where no prior employment

35(1.1)     Where an employee or a retired employee, or a former employee in respect of whose service under this Act another person receives or may be entitled to receive an allowance, pension or annuity under this Act, enlisted or was engaged in the forces of the Crown as described in subsection (1) and the period of the enlistment or engagement is not included in the service of the employee, retired employee or former employee as established for the purposes of this Act in the records of the board, the employee, retired employee or person receiving or entitled to receive an allowance, pension or annuity in respect of the service of a former employee, may, on or before July 1, 1980, apply to the board to have all or part of the period of the enlistment or engagement included in computing the service of the employee, retired employee or former employee for the purposes of this Act and the board shall grant the application where the board is satisfied as to the period of the enlistment or engagement and,

(a) where the applicant is an employee, the applicant agrees in writing to pay to the fund, in a lump sum or by such instalments as the board approves, an amount for each year or portion of a year in the period of the enlistment or engagement calculated by application of the determined percentage to the annual salary rate of the applicant at the date of making the application, plus interest calculated in accordance with subsection 63(8); or

(b) where the applicant is a retired employee, the applicant acknowledges in writing that payment of the resulting increase in the allowance, pension or annuity of the applicant is postponed

(i) until the total of the amounts postponed equals the total of amounts calculated for each year or portion of a year in the period of the enlistment or engagement by application of the determined percentage to the annual salary rate of the applicant on the date of retirement plus interest calculated in accordance with subsection 63(9), or

(ii) until the applicant reaches the age of 80 years,

whichever first occurs; or

(c) where the applicant is a person who receives or is entitled to receive an allowance, pension or annuity under this Act in respect of a period of service of a former employee, the applicant acknowledges in writing that payment of the resulting increase in the allowance, pension or annuity of the applicant is postponed until the total of the amounts postponed equals the total of the amounts calculated for each year or portion of a year in the period of enlistment or engagement by application of the determined percentage to the annual salary rate of the former employee on the date of ceasing to be an employee, plus interest calculated in accordance with subsection 63(9).

"Determined percentage"

35(1.2)     For purposes of subsection (1.1), "determined percentage" means the aggregate of

(a)6%; and

(b)1% for each 12 month period, or portion of a 12 month period, by which expiry of the applicable time limit allowed under clause (1)(a) or (1)(b) precedes the date on which the employee, retired employee or former employee became an employee;

to a maximum of 12%.

Subsection 35(2) amended

11(18)      Subsection 35(2) is amended by adding "after May, 1976" after "in respect of each month".

Subsection 35(3) amended

11(19)      Subsection 35(3) is amended by adding "as of July 1, 1976, and subsection 35(1.1) does not apply to or in respect of that person" after "increase in pension".

Subsection 35(10) amended

11(20)      Subsection 35(10) is amended by striking out "subsection 42(1), (2), (6) or (10) or section 46 or 60" and substituting "subsection 42(1), (2), (6), (8) or (10) or section 45, 59 or 60".

Subsection 37(9) amended

11(21)      Subsection 37(9) is amended by striking out "subsection (7)" and substituting "subsection (8)".

Subsection 38(2) amended

11(22)      Subsection 38(2) is amended by striking out "clause 26(1)(a)" and substituting "subsection 26(1)".

Clause 41(c) amended

11(23)      Clause 41(c) is amended by striking out "42(22)" and substituting "42(21)".

Clause 42(3)(b) amended

11(24)      Clause 42(3)(b) is amended by striking out "subsection (8)" and substituting "subsection (21)".

Subsection 42(7) amended

11(25)      Subsection 42(7) is amended by striking out "46 or 60" and substituting "45, 59 or 60".

Subsection 42(9) amended

11(26)      Subsection 42(9) is amended by striking out "46 or 60" and substituting "45, 59 or 60".

Subsection 42(16) amended

11(27)      Subsection 42(16) is amended by striking out "60" and substituting "59 or 60".

Subsection 42(17) amended

11(28)      Subsection 42(17) is amended by striking out "and 60" and substituting "59 and 60".

Subsection 42(19) amended

11(29)      Subsection 42(19) is amended by striking out "60" wherever it occurs and substituting, in each case, "59 or 60".

Subsection 50(3) amended

11(30)      Subsection 50(3) is amended by striking out "42(22)" and substituting "42(21)".

Subsection 52(8) amended

11(31)      Subsection 52(8) is amended by striking out "60" wherever it appears and substituting "59 or 60".

Subsection 53(2) amended

11(32)      Subsection 53(2) is amended by adding "after June 30, 1973," after "Where a person,".

Subsection 53(3) amended

11(33)      Subsection 53(3) is amended by adding "after June 30, 1973"

(a) after "under this Act" in clause (a); and

(b) after "reciprocating employer" in clause (b).

Subsection 53(13)(a) amended

11(34)      Clause 53(13)(a) is amended by striking out "46 or 60" and substituting "45, 59 or 60".

Subsection 53(14) amended

11(35)      Subsection 53(14) is amended by striking out "46 or 60" and substituting "45, 59 or 60".

Clause 65(4)(c) amended

11(36)      Clause 65(4)(c) is amended by striking out "46 or 60" and substituting "45, 59 or 60".

Subsection 65(5) amended

11(37)      Subsection 65(5) is amended by striking out "46 and 60" and substituting "45, 59 and 60".

Subsection 67(1) amended

11(38)      Subsection 67(1) is amended by striking out "the word "moneys" in the fifth line thereof" and substituting "transfer moneys".

THE CORPORATION CAPITAL TAX ACT

C.C.S.M. c. C226 amended

12(1)       The Corporation Capital Tax Act is amended by this section.

Subsection 6(1) amended

12(2)       Subsection 6(1) is amended by adding "ending after June 30, 1986" after "every fiscal year of the corporation".

Subsection 6(3) amended

12(3)       The heading to subsection 6(3) is amended by striking out "Banks and" and the subsection is amended by striking out "a bank," and "bank or".

Subsection 6(4) added

12(4)       Section 6 is amended by adding the following after subsection (3):

Banks

6(4)        Notwithstanding subsections (1) and (2), a bank shall, for every fiscal year of the bank ending after June 30, 1986, pay to the government at the time and in the manner provided in this Act and the regulations, a tax equal to 3% of the amount taxable as at the close of that fiscal year of the bank.

Clause 8(2)(b) amended

12(5)       Clause 8(2)(b) is amended by adding "ending after June 30, 1981" after "fiscal year of the corporation".

Subsection 8(3) amended

12(6)       Subsection 8(3) is amended by adding "ending after June 30, 1981" after "fiscal year of the corporation".

Subsection 8(4) amended

12(7)       Subsection 8(4) is amended by adding "ending after June 30, 1982" after "fiscal year of the bank".

Subsection 8(5) amended

12(8)       Subsection 8(5) is amended by adding "ending after June 30, 1981" after "fiscal year of the corporation".

Clause 9(2)(b) amended

12(9)       Clause 9(2)(b) is amended by adding "ending after June 30, 1981" after "fiscal year of the corporation".

Subsection 12(1) amended

12(10)      Subsection 12(1) is amended by adding "ending after June 30, 1982" after "fiscal year of the corporation".

Subsection 14(1) amended

12(11)      Subsection 14(1) is amended by adding "ending after June 30, 1986" after "fiscal year of the corporation".

Subsection 15(1) amended

12(12)      Subsection 15(1) is amended by adding "ending after June 30, 1986" after "for a fiscal year".

Subsection 15(2) amended

12(13)      Subsection 15(2) is amended by adding "ending after June 30, 1987" after "for a fiscal year".

Subsection 15(3) amended

12(14)      The heading to subsection 15(3) is amended by striking out "Banks and" and the subsection is amended by striking out "a bank," and "bank or" wherever they occur.

Subsection 15(4) added

12(15)      Section 15 is amended by adding the following after subsection (3):

Banks

15(4)       There may be deducted from the tax otherwise payable by a bank for any fiscal year of the bank ending after June 30, 1986, an amount equal to 3% of that portion of the amount taxable of the bank as at the close of the fiscal year that is determined under rules prescribed in the regulations to be used by the bank in jurisdictions outside Manitoba.

Subsection 17(1) amended

12(16)      Subsection 17(1) is amended by adding "ending after June 30, 1976" after "fiscal year of the corporation".

Subsection 17(3) amended

12(17)      Subsection 17(3) is amended by striking out "subsections 6(2) and 15(4)" and substituting "subsections 6(3) and 15(3)".

Subsection 23(1) amended

12(18)      Subsection 23(1) is amended by placing a colon after "circumstances".

Subsection 25(1) amended

12(19)      Subsection 25(1) is amended

(a) by adding

(i)"and charge" after "is a lien", and

(ii)"or charge" after "and the lien";

(b) by striking out "security or lien" and substituting "security, lien or charge"; and

(c) by adding "and charge" after "that the lien".

Subsection 25(2) amended

12(20)      Subsection 25(2) is amended by adding "and charge" after "lien" wherever it occurs.

Subsection 25(3) amended

12(21)      Subsection 25(3) is amended by adding "and charge" after "lien".

Subsection 25(4) amended

12(22)      Subsection 25(4) is amended by adding "and charges" after "liens".

Subsection 25(5) amended

12(23)      Subsection 25(5) is amended by adding "and charge" after "lien".

Section 50 amended

12(24)      Section 50 is amended by adding "or under the regulations" after "under this Act".

Subsection 51(3) amended

12(25)      Subsection 51(3) is amended by adding "to a date not earlier than July 1, 1976" after "retroactively".

THE LIQUOR CONTROL COMMISSION ACT

C.C.S.M. c. L160 amended

13          The Liquor Control Commission Act is amended by adding the following after section 136:

When fines paid to municipality

136.1(1)    Where a person is convicted of an offence against this Act through the action of an inspector, constable, or other officer, appointed by a municipality or by a board of police commissioners or otherwise through the action of a municipality, the convicting justice shall pay to the municipality the fine recovered through the conviction if no appeal is made from the conviction forthwith after the time herein limited for the making of the appeal.

Where appeal made

136.1(2)    Where an appeal is made from the conviction, the justice shall remit the fine to the Minister of Finance; and if the determination of the appeal is against the person convicted the Minister of Finance shall forthwith thereafter pay the amount of the fine or of the fine imposed by the Court of Queen's Bench, as the case may be, to the municipality that would have recieved it from the justice had no appeal been made.

Division of fine

136.1(3)    Where the conviction was secured by the municipality with the assistance of the Provincial Police, the convicting justice may apportion the fine between the municipality and the government.

THE REAL PROPERTY ACT

C.C.S.M. c. R30 amended

14          The Real Property Act is amended by adding the following after section 195:

Coming into force

196         Subsection 45(5) and section 141 come into force on a day fixed by proclamation.

PART 3

THE STATUTE LAW AMENDMENT (RE-ENACTED STATUTES) ACT

S.M. 1988-89 c. 11 amended

15(1)       The Statute Law Amendment (Re-enacted Statutes) Act is amended by this section.

Section 14, French version, amended

15(2)       The French version of section 14 is amended by striking out "des" and "du" and substituting "aux" and "au" respectively.

Clause 29(7)(b), French version, substitution

15(3)       The French version of clause 29(7)(b) is repealed and the following is substituted:

(b) la suppression de «de l'article 303» et son remplacement par «du paragraphe 303(2)».

PART 4

THE STATUTE RE-ENACTMENT ACT, 1988

S.M. 1988-89 c. 2 amended

16(1)       The Statute Re-enactment Act, 1988 is amended by this section.

Subsection 2(1) amended

16(2)       Subsection 2(1) is amended by striking out "1988" and substituting "1988-89".

Subsection 9(1) amended

16(3)       Subsection 9(1) is amended by striking out "and the Acts set out in the Schedule".

Subsection 9(2) repeal and substitution

16(4)       Subsection 9(2) is repealed and the following is substituted:

Publication of Acts in Schedule

9(2)        The Acts set out in the Schedule shall

(a) be printed by the Queen's Printer in chapter format upon enactment; and

(b) be bound and published in a subsequent volume of Re-enacted Statutes.

PART 5

THE HEALTH SCIENCES CENTRE ACT

S.M. 1988-89 c. 41 amended

17(1)       The Health Sciences Centre Act is amended by this section.

Section 1 amended

17(2)       Section 1 is amended,

(a) in the definition of "board", by striking out "section 11" and substituting "section 7"; and

(b) in the definition of "land", by adding "term," after "estate,".

Clause 3(1)(a) amended

17(3)       Clause 3(1)(a) is amended by adding "and surgical" after "quality of medical".

Clause 3(1)(b) amended

17(4)       Clause 3(1)(b) is amended by striking out "the" before "organization".

Subclause 3(1)(b)(i) amended

17(5)       Subclause 3(1)(b)(i) is amended

(a) by adding "diagnosis and" before "treatment"; and

(b) by striking out "of" after "sick" and substituting "or".

Section 4 amended

17(6)       Section 4 is amended

(a) by striking out "Sciences" and substituting "Services"; and

(b) by adding ", but subject always to The Hospitals Act and The Health Services Insurance Act," after "generality of the foregoing".

Clause 4(n) amended

17(7)       Clause 4(n) is amended by adding ", without limiting the generality of the foregoing," after "including".

Clause 7(c) amended

17(8)       Clause 7(c) is amended by striking out "The Cancer" and substituting "The Manitoba Cancer".

Clause 7(d) amended

17(9)       Clause 7(d) is amended by adding "of Winnipeg" after "Hospital".

Subsection 8(3) amended

17(10)      Subsection 8(3) is amended by adding ", as the case may be" after "unexpired term".

Subsection 8(4) amended

17(11)      Subsection 8(4) is amended by adding ", as the case may be" after "death or resignation of the director".

Subsection 8(5) amended

17(12)      Subsection 8(5) is amended

(a) by striking out "dues" and substituting "dies"; and

(b) by adding ", as the case may be" after "named in clause 7(c), (d) or (e)".

Clause 10(c) amended

17(13)      Clause 10(c) is amended by adding "of Winnipeg" after "Hospital".

Section 16 amended

17(14)      Section 16 is amended by striking out "doctors" and substituting "directors".

Sections 23.1, 23.2 and 23.3 added

17(15)      The following sections are added after section 23:

Guilds and volunteers

23.1        Groups of persons, such as guilds and similar organizations, who gave voluntary assistance to a hospital or institution of which the corporation is the successor are not, by reason of the corporation becoming the successor to the hospital or institution, dissolved or disbanded and the board shall make appropriate provision for their continuance.

Agreements with the University of Manitoba

23.2        An agreement between the University of Manitoba and a hospital or institution of which the corporation is the successor remains in force between the University of Manitoba and the corporation as the contracting parties and may be consolidated or amended as necessary or desirable from time to time.

Audits

23.3        The accounts of the corporation shall be audited annually by auditors appointed by the board and an audit report shall be sent by the auditors to the minister no later than the 90th day following expiry of the fiscal year of the corporation to which the audit report relates.

Subsection 24(1) amended

17(16)      Subsection 24(1) is amended by adding "in any Act of the Legislature, or any regulation thereunder," after "Hospital".

PART 6

DEEMED VALIDITY

Deemed validity

18          No proceeding taken, tax collected, payment made or received, right or duty exercised or decision made as though the amendments contained in this Act were in force at the time the proceeding was taken, tax was collected, payment was made or received, right or duty was exercised or decision was made, as the case may be, is invalid by reason only that such amendments were not in force at that time, and no person shall challenge any such proceeding, tax, payment, exercise of a right or duty or decision on the grounds only that amendments contained in this Act were not in force at the time that the proceeding was taken, tax was collected, payment was made or received, right or duty was exercised or decision was made, as the case may be.

PART 7

COMING INTO FORCE

General

19(1)       Subject to subsections (2), (3), (4), (5) and (6) this Act comes into force upon receiving royal assent.

Part 1 except subsec. 7(3) & Part 3 except subsec. 15(3) retroactive to Feb. 1, 1988

19(2)       Part 1, other than subsection 7(3), and Part 3, other than subsection 15(3), are retroactive and upon this Act receiving royal assent are deemed to have come into force on February 1, 1988.

Subsection 7(3) retroactive to December 22, 1989

19(3)       Subsection 7(3) is retroactive and upon this Act receiving royal assent is deemed to have come into force on December 22, 1989.

Subsection 15(3) retroactive to December 20, 1988

19(4)       Subsection 15(3) is retroactive and upon this Act receiving royal assent is deemed to have come into force on December 20, 1988.

Parts 2, 4 and 5 retroactive to October 19, 1988

19(5)       Parts 2, 4 and 5 are retroactive and upon this Act receiving royal assent are deemed to have come into force on October 19, 1988.

Part 6 retroactive to January 1, 1989

19(6)       Part 6 is retroactive and upon this Act receiving royal assent is deemed to have come into force on January 1, 1989.