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The Re-enacted Statutes of Manitoba (Public General Acts) Act, 1990

S.M. 1990-91, c. 3

Bill 16, 1st Session, 35th Legislature

The Re-enacted Statutes of Manitoba (Public General Acts) Act, 1990

(Assented to November 14, 1990)

WHEREAS by judgment of the Supreme Court of Canada dated June 13, 1985, the statutes of Manitoba that were not enacted in English and in French were declared to be invalid subject to a period of temporary validity to permit re-enactment in English and in French;

AND WHEREAS by order of the Supreme Court of Canada dated November 4, 1985, the expiry of the period of temporary validity was fixed at December 31, 1988, for the Acts in the Continuing Consolidation of the Statutes of Manitoba and at December 31, 1990 for all other Acts;

AND WHEREAS the Minister of Justice has caused the Acts set out in the roll to be prepared in English and in French;

AND WHEREAS it is expedient to give the Acts set out in the roll the force and effect of law subject to the limitations stated in this Act;

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

Definition of roll

1           In this Act, "roll" means the Acts contained in the roll which has been signed at the beginning by the Minister of Justice and tabled in the Legislative Assembly and which Acts are listed in Schedule A.

Declaration of roll as law

2           Subject to the exceptions and limitations set out in this Act, the roll is declared to be law to all intents and purposes as though the roll and the Acts in the roll, were expressly embodied in, and enacted by, this Act.

Citation

3(1)        An Act in the roll may be cited and referred to in any Act or proceeding either by its title as an Act or as "Re-enacted Statutes of Manitoba,1990, chapter___" or "R.S.M. 1990, c.___" (in each case inserting the number of theAct as determined under subsection (2)).

Numbers assigned

3(2)        The Legislative Counsel shall assign to each statute set out in the roll a chapter number and may insert in the volume of Acts referred to in section 11, such explanatory notes as the Legislative Counsel considers appropriate.

Repeal

4           The Acts listed in Schedules B and C are repealed.

Effect of repeal

5           The repeal of the Acts listed in Schedules B and C does not

(a) revive any Act or provision of law repealed by them;

(b) affect any saving clause in the Acts so repealed; or

(c) prevent the application of an Act or provision of law formerly in force, to a transaction, matter or thing anterior to the repeal to which they would otherwise apply.

Further effect of repeal

6(1)        The repeal of the Acts set out in Schedules B and C does not defeat, disturb, invalidate, or affect

(a) a penalty, forfeiture or liability, civil or criminal, incurred before the time of the repeal or a proceeding for enforcing it, that is had, done, completed or pending at the time of the repeal;

(b) an indictment, information, conviction, order, sentence or prosecution that is had, done, completed or pending at the time of the repeal;

(c) an action, suit, judgment, decree, certificate, execution, distress, process, order or rule, or a proceeding, matter or thing respecting it, that is had, pending, existing or in force at the time of the repeal;

(d) an act, deed, right, title, interest, grant, assurance, descent, will, registry, filing, by-laws, rule, order-in-council, proclamation, regulation, order, contract, lien, charge, status, capacity, immunity, matter or thing that is had, done, made, acquired, established or existing at the time of the repeal;

(e) an office, appointment, commission, salary, remuneration, allowance, security or duty or any matter or thing pertaining to them at the time of the repeal; or

(f) any other matter or thing that is had, done, completed, existing or pending at the time of the repeal.

Continuance of existing conditions

6(2)        Every

(a) penalty, forfeiture, and liability to which clause (l)(a) applies;

(b) indictment, information, conviction, order, sentence, and prosecution to which clause (l)(b) applies;

(c) order, rule, proceeding, matter, and thing to which clause (l)(c) applies;

(d) act, deed, right, title, interest, grant, assurance, descent, will, registry, filing, by-law, rule, order-in-council, proclamation, regulation, order, contract, lien, charge, status, capacity, immunity, matter, and thing to which clause (l)(d) applies;

(e) office, appointment, commission, salary, remuneration, allowance, security, duty, matter, and thing to which clause (l)(e) applies; and

(f) matter and thing to which clause (l)(f) applies;

remains and continues as if the repeal of the Acts set out in Schedules B and C did not take place and, so far as necessary, may be continued, prosecuted, enforced and proceeded with as if the repeal did not take place.

Operation

7           The Acts set out in the roll shall not be held to operate as new law but shall be construed and have effect as a consolidation and as declaratory of the law as contained in the Acts listed in Schedule B and repealed by section 4 and for which the Acts set out in the roll are substituted.

Effect of insertion of an Act in roll

8(1)        The insertion of an Act in the roll shall not be construed as a declaration that the Act or any portion of it was, or was not, in force immediately before the coming into force of this Act.

Copies of Acts printed by Queen's Printer

8(2)        Copies of the Acts set out in the roll purporting to be printed by the Queen's Printer are evidence of those Acts in all courts and places whatsoever, without further proof of any kind.

Interpretation

9(1)        Except as otherwise provided in this Act, the rules of construction and interpretation declared by The Interpretation Act apply to the Acts set out in the roll and to this Act.

Public Acts

9(2)        Every Act included in the roll is a public act.

Effect of other Acts of present session

10(1)       This Act does not give effect to a provision of an Act set out in the roll that is, repealed by, or inconsistent with, an enactment passed at the session of the Legislature during which this Act is passed.

Acts of present session deemed to be later Acts

10(2)       Unless otherwise specifically provided, for the purpose of determining their effect, the enactments passed at the session of the Legislature during which this Act is passed shall be deemed to be enactments subsequent to the coming into force of this Act.

Publication of this Act

11(1)       Subject to subsection (2), a copy of this Act shall be printed, bound and published with the Acts enacted at the session of the Legislature during which this Act is passed.

Publication of Acts in roll

11(2)       The Acts set out in the roll 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.

Notes and tables

12          Any explanatory notes, headings and tables inserted by the Legislative Counsel in this Act, the Schedules or the roll, form no part of the Acts and shall be held to be for convenience only.

Coming into force

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

SCHEDULE A (section 1)

LIST OF ACTS SET OUT IN THE ROLL

Note: The re-enactment in English and French of the Acts listed in this Schedule was effected by S.M. 1990-91, c. 3. They were given chapter numbers by the Legislative Counsel pursuant to S.M. 1990-91, c. 3, s. 3(2).

Title of Act
1. The Boundaries Extension Act
2. The Boundaries Extension (Terms and Conditions) Act
3. The Boundary Extension in the North-West Angle Inlet of Lake of the Woods Act, 1928
4. The Boundary Extension in the North-West Angle Inlet of Lake of the Woods Act, 1954
5. The Debtors' Arrest Act
6. The Director of Soldier Settlement Act
7. The Expropriation Validation Act
8. The Manitoba Association of School Trustees Act
9. The Manitoba Railway Act
10. The Manitoba-Northwest Territories Boundary Act, 1966
11. The Manitoba-Ontario Boundary Act, 1929
12. The Manitoba-Ontario Boundary Act, 1953
13. The Manitoba-Ontario Lake St. Joseph Diversion Agreement Authorization Act
14. The Manitoba-Saskatchewan Boundary Act, 1937
15. The Manitoba-Saskatchewan Boundary Act, 1942
16. The Manitoba-Saskatchewan Boundary Act, 1966
17. The Manitoba-Saskatchewan Boundary Act, 1980
18. The A.E. McKenzie Co. Ltd. and A.E. McKenzie Foundation Act
19. The Moose Lake Loggers Ltd. Certain Former Employees Act
20. The Obsolete Enactments Repeal Act, 1938
21. The Provincial Boundaries Act
22. The Provincial Exhibition of Manitoba, The City of Brandon, and The Government of Manitoba Agreement Validation Act
23. The Railway Companies Incorporation Act
24. The Red River Valley Railway Roads Around Station Grounds Act
25. The School Capital Financing Authority Repeal Act
26. The Soldier Settlement Board Act
27. The Title to Certain Lands Act

SCHEDULE B (section 4)

ACTS THAT ARE REPEALED AND FOR WHICH THE ACTS SET OUT IN THE ROLL ARE SUBSTITUTED

Note: This Schedule follows the order set out in Schedule C (Unrepealed and Unconsolidated Public General Statutes) to the Revised Statutes of Manitoba, 1970, and in Part II (Public General Acts) of the Table of Statutes in the annual sessional volume and in the C.C.S.M. Where a statute appears under more than one title, it is listed in this Schedule under the title that comes first alphabetically.

No. Statute Year Chapter No. Title of Act
1. R.S.M. 1913 18 An Act to provide for the Further Extension of the Boundaries of the Province of Manitoba
2. S.M. 1928 3 An Act to provide for the extension of the Boundary of the Province of Manitoba in the North-west Angle Inlet of Lake of the Woods
3. R.S.M. 1954 20 An Act to provide for the Further Extension of the Boundaries of the Province of Manitoba
4. R.S.M. 1954 21 An Act to provide for the Extension of the Boundary of the Province of Manitoba in the North-west Angle Inlet of Lake of the Woods
5. R.S.M. 1954 22 An Act respecting the Boundary between the Provinces of Manitoba and Ontario
6. R.S.M. 1954 23 An Act respecting the Boundary between the Provinces of Manitoba and Ontario
7. R.S.M. 1954 24 The Manitoba-Saskatchewan Boundary Act, 1937
8. R.S.M. 1954 25 The Manitoba-Saskatchewan Boundary Act, 1942
9. S.M. 1966 5 The Manitoba-Northwest Territories Boundary Act, 1966
10. S.M. 1966 6 The Manitoba-Saskatchewan Boundary Act, 1966
11. S.M. 1980 23 The Manitoba-Saskatchewan Boundary Act (1980)
12. R.S.M. 1892 43 The Debtors' Arrest Act
13. S.M. 1984-85 24 An Act to Validate an Expropriation under The Expropriation Act
14. S.M. 1955 78 An Act respecting the Title to Certain Lands
15. S.M. 1956 66 An Act to amend An Act respecting the Title to Certain Lands
16. S.M. 1972 21 The Manitoba Association of School Trustees Act
17. S.M. 1958(lst) 38 The Manitoba-Ontario Lake St. Joseph Diversion Agreement Authorization Act
18. S.M. 1945(lst) 36 An Act respecting A.E. McKenzie Company Limited and A.E. McKenzie Foundation
19. S.M. 1972 62 An Act respecting Certain Former Employees, Now Deceased, of Moose Lake Loggers Ltd.
20. S.M. 1937-38 29 The Obsolete Enactments Repeal Act, 1938
21. R.S.M. 1902 12 The Provincial Boundaries Act
22. S.M. 1974 21 An Act to Validate an Agreement Made Between the Provincial Exhibition of Manitoba, the City of Brandon, and the Government of Manitoba
23. S.M. 1892 42 An Act respecting roads around station grounds on the Red River Valley Railway
24. S.M. 1982-83-84 61 An Act to Repeal The School Capital Financing Authority Act
25. C.A. 1924 182 An Act respecting the Soldier Settlement Board
26. S.M. 1932 45 An Act respecting the Director of Soldier Settlement
27. S.M. 1935 44 An Act to amend "An Act respecting the Director of Soldier Settlement"

SCHEDULE C (section 4)

ACTS THAT ARE REPEALED

Note: This Schedule follows the order set out in Schedule C (Unrepealed and Unconsolidated Public General Statutes) to the Revised Statutes of Manitoba, 1970, and in Part II (Public General Acts) of the Table of Statutes in the annual sessional volume and in the C.C.S.M. Where a statute appears under more than one title, it is listed in this Schedule under the title that comes first alphabetically.

No. Statute Year Chapter No. Title of Act
1. S.M. 1977(2nd) 1 An Act to Ratify an Agreement Between the Government of Canada and the Government of the Province of Manitoba under the Anti-Inflation Act (Canada)
2. S.M. 1945(lst) 35 An Act respecting Brandon College Incorporated and Albert Edward McKenzie, and a certain Indenture dated 17th day of September, A.D. 1940
3. S.M. 1963 11 An Act to incorporate The Civic Development Corporation
4. R.S.M. 1940 35 The Manitoba Civil Service Superannuation Act
5. S.M. 1940(1 st) 7 An Act to amend "The Manitoba Civil Service Superannuation Act"
6. S.M. 1940(2nd) 6 An Act to amend "The Manitoba Civil Service Superannuation Act"
7. S.M. 1943 5 An Act to amend "The Manitoba Civil Service Superannuation Act"
8. S.M. 1946 5 An Act to amend The Manitoba Civil Service Superannuation Act
9. S.M. 1949 8 An Act to amend The Manitoba Civil Service Superannuation Act
10. S.M. 1954 2 An Act to amend The Manitoba Civil Service Superannuation Act
11. R.S.M. 1892 119 An Act Respecting the Settlement of Claims made by the Province of Manitoba on the Dominion
12. S.M. 1925 1 An Act respecting the Consolidated Amendments, 1924
13. S.M. 1947 52 The Manitoba Corporation Income Tax Act, 1947
14. S.M. 1948 51 An Act to amend The Manitoba Corporation Income Tax Act, 1947
15. S.M. 1949 63 An Act to amend The Manitoba Corporation Income Tax Act, 1947
16. S.M. 1954 3 An Act to amend The Manitoba Corporation Income Tax Act, 1947
17. S.M. 1955 7 An Act to amend The Manitoba Corporation Income Tax Act, 1947
18. S.M. 1949 64 The Manitoba Corporation Income Tax Act, 1949
19. S.M. 1950(lst) 56 An Act to amend The Manitoba Corporation Income Tax Act, 1949
20. S.M. 1951 63 An Act to amend The Manitoba Corporation Income Tax Act, 1949
21. S.M. 1952 59 An Act to amend The Manitoba Corporation Income Tax Act, 1949
22. S.M. 1953(2nd) 11 An Act to amend The Manitoba Corporation Income Tax Act, 1949
23. S.M. 1954 4 An Act to amend The Manitoba Corporation Income Tax Act, 1949
24. S.M. 1955 8 An Act to amend The Manitoba Corporation Income Tax Act, 1949
25. S.M. 1934 7 The Crown Lands Act
26. S.M. 1935 10 The Dairy Act
27. S.M. 1928 13 An Act respecting Certain Debts due the Crown
28. S.M. 1932 9 An Act to amend "The Dental Association Act"
29. S.M. 1927 5 An Act to amend "The Devolution of Estates Act"
30. S.M. 1947 56 The Dominion-Provincial Agreement and Taxation Suspension Act, 1947
31. S.M. 1949 65 An Act to amend The Dominion-Provincial Agreement and Taxation Suspension Act, 1947
32. S.M. 1901 10 An Act to Legalize and Confirm certain Debentures issued under the provisions of "The Land Drainage Act", and for other purposes
33. S.M. 1904 11 An Act to amend "The Land Drainage Act"
34. S.M. 1905 9 An Act to amend "The Land Drainage Act"
35. S.M. 1906 22 An Act to amend "The Land Drainage Act"
36. S.M. 1909 17 An Act to amend "The Land Drainage Act"
37. S.M. 1910 21 An Act to amend "The Land Drainage Act"
38. S.M. 1912 18 An Act to amend "The Land Drainage Act"
39. R.S.M. 1913 56 An Act respecting Drainage in the Rural Municipality of Richot, in Drainage District No. 1, and in Drainage District No. 21
40. C.A.1924 56 An Act to amend "The Land Drainage Act"
41. S.M. 1930 7 An Act respecting Certain Drainage District Debentures
42. S.M. 1929 73 An Act respecting Drainage Works in Certain Municipalities
43. S.M. 1935 23 The Land Drainage Arrangement Act, 1935
44. S.M. 1936 20 An Act to amend "The Land Drainage Arrangement Act, 1935"
45. S.M.1952(lst) 38 An Act to amend The Land Drainage Arrangement Act, 1935
46. S.M.1953(2nd) 32 An Act to amend The Land Drainage Arrangement Act, 1935
47. S.M. 1977 14 The Special Employment Program Act, 1977
48. S.M. 1935 14 An Act respecting the Administration of Certain Estates in the Surrogate Court of the Southern Judicial District
49. S.M. 1985-86 45 An Act to validate an Expropriation under The Expropriation Act
50. S.M. 1972 17 An Act to Repeal The Manitoba Farm Loans Act
51. S.M. 1971 4 An Act to Authorize the Payment of Special Emergency Grants to Farmers
52. S.M. 1975 40 An Act Respecting the Transfer to Federal Business Development Bank of All the Property, Rights and Obligations of Industrial Development Bank
53. S.M. 1944 11 An Act to amend "The Fire Insurance Reserve Fund Act"
54. S.M. 1950(1st) 22 An Act to amend The Health and Public Welfare Act
55. S.M. 1949 25 An Act to amend The Health Services Act
56. S.M. 1950(lst) 27 The Housing Act, 1950
57. S.M. 1939 62 An Act to amend certain Enactments for the purpose of the Consolidation of the Statutes of Manitoba [The Land Drainage Act] [Manitoba Tax Commission]
58. S.M. 1940(2nd) 27 The Manitoba Volunteer Reserve Act
59. R.S.M. 1954 284 The Manitoba Volunteer Reserve Act
60. S.M. 1951 41 An Act to amend The Mines Act
61. S.M. 1901 38 An Act Confirming a Certain Agreement Therein Referred to [Northern Pac. & Man. Ry, C.N.R. & Prov.]
62. S.M. 1901 39 An Act confirming a certain Agreement respecting certain Railways and respecting Freight and Passenger Rates [Northern Pac. & Man. Ry, C.N.R. & Prov.]
63. S.M. 1953(2nd) 50 The Statute Law Amendment and Repeal Act, 1953 [Obsolete Enactments Repeal, 1953]
64. S.M. 1918 58 An Act to legalize and confirm Order-in-Council No. 24720, of the Lieutenant-Governor-in-Council, made on the 21st Day of September, 1915, and the Debentures Issued thereunder
65. S.M. 1941 - 42 39 An Act to validate Order-in-Council No. 202/42
66. S.M. 1945(lst) 42 An Act to validate Order-in-Council No. 982/44
67. S.M. 1954 24 An Act to validate Order-in-Council No. 1200/53
68. S.M. 1943 36 An Act to validate Certain Orders-in-Council (1)
69. S.M. 1943 37 An Act to validate Certain Orders-in-Council (2)
70. S.M. 1944 27 An Act to validate Certain Orders-in-Council
71. S.M. 1945(lst) 41 An Act to validate Certain Orders-in-Council
72. S.M. 1946 39 An Act to validate Certain Orders-in-Council
73. S.M. 1947 33 An Act to validate Certain Orders-in-Council (1)
74. S.M. 1947 34 An Act to validate Certain Orders-in-Council (2)
75. S.M. 1948 32 An Act to validate Certain Orders-in-Council
76. S.M. 1949 43 An Act to validate Certain Orders-in-Council
77. S.M. 1950(lst) 37 An Act to validate Certain Orders-in-Council
78. S.M. 1951 43 An Act to validate Certain Orders-in-Council
79. S.M. 1952(lst) 47 An Act to validate Certain Orders-in-Council
80. S.M. 1953(2nd) 41 An Act to validate Certain Orders-in-Council
81. S.M. 1954 25 An Act to validate Certain Orders-in-Council
82. R.S.M. 1954 202 The Poultry Breeders Act
83. S.M. 1972 16 The Proceeds of a Contract Disbursement Act, 1972
84. S.M. 1982 15 The Proceeds of Contract Disbursement Act, 1981
85. S.M. 1980 71 An Act Respecting the Assessment of Property for Taxation in Municipalities in 1981 and Subsequent Years
86. S.M. 1982 29 An Act to Amend an Act Respecting the Assessment of Property for Taxation in Municipalities in 1981 and Subsequent Years
87. S.M. 1944 30 An Act to amend "The Provincial Police Act"
88. S.M. 1926 39 An Act Authorizing the Granting of Aid to a Railway into the Flin Flon Mines
89. S.M. 1926 40 An Act Authorizing the Granting of Aid to a Railway to the Eastern Boundary of the Province, North of the Winnipeg River
90. S.M. 1881 2 An Act to bring into force and operation "The Consolidated Statutes of Manitoba" [Revised Statutes, 1880]
91. S.M. 1892 41 An Act Respecting the Revised Statutes of Manitoba
92. S.M. 1903 41 An Act respecting the Revised Statutes of Manitoba, 1902
93. S.M. 1914 1 An Act respecting the Revised Statutes of Manitoba, 1913
94. S.M. 1940(lst) 1 The Revised Statutes of Manitoba Act, 1940
95. S.M. 1940(2nd) 34 The Revised Statutes of Manitoba Supplementary Act, 1940
96. S.M. 1949 57 The Revised Statutes Act, 1949
97. S.M. 1955 1 The Revised Statutes of Manitoba, 1954, Act
98. S.M. 1972 18 The Seine River Relocation Act
99. S.M. 1929 9 The Seven Sisters and Slave Falls Validation Act
100. R.S.M. 1954 259 The Taxation Agreement Act, 1952
101. S.M. 1957 70 The Taxation Agreement Act, 1957
102. S.M. 1941 - 42 1 The Taxation Suspension Act
103. S.M. 1947 61 The University Grant Act, 1947
104. S.M. 1924 76 An Act respecting "The Winnipeg General Hospital"
105. S.M. 1944 50 An Act to validate an Agreement between His Majesty and The Winnipeg General Hospital
106. S.M. 1948 66 An Act to Validate an Agreement between His Majesty and The Winnipeg General Hospital