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The Statute Law Amendment (Re-enacted Statutes) Act

S.M. 1990-91, c. 4

Bill 18, 1st Session, 35th Legislature

The Statute Law Amendment (Re-enacted Statutes) Act

(Assented to December 14, 1990)

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

PART 1

PUBLIC ACTS

THE BOUNDARY LINES AND LINE FENCES ACT

C.C.S.M. c. B70 amended

1(1)        The Boundary Lines and Line Fences Act is amended by this section.

Subsection 3(2) amended

1(2)        Subsection 3(2) is amended by striking out "clause 363(1)(f)" and substituting "clause 371(l)(f)".

THE CIVIL SERVICE SUPERANNUATION ACT

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

2(1)        The Civil Service Superannuation Act is amended by this section.

Subsection 1(1), « indice agréé de prestation » amended

2(2)        In the French version, the definition of« indice agréé de prestation » in subsection 1(1) is amended by striking out "35(6)" and substituting "33(6)".

Subsection 1(1), "ordinary allowance" amended

2(3)         The definition of "ordinary allowance" in subsection 1(1) is amended by striking out "section 25 and in subsection 28" and substituting "sections 25 and 28".

Subsection 2(9) repealed and substituted

2(4)        Subsection 2(9) is repealed and the following is substituted:

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.

Subsection 2(10) amended

2(5)        Subsection 2(10) is amended

(a) in clause (a), by striking out "clause 9(a)" and substituting "clause (9)(a)"; and

(b) in clause (c), by striking out "subclause 9(b)(ii)" and substituting "subclause (9)(b)(ii)".

Clause 29(3)(a) repealed and substituted

2(6)        Clause 29(3)(a) is repealed and the following is substituted:

(a) the board shall increase the amount of the monthly instalment of the allowance or annuity payable on his retirement by an amount, actuarially computed, that is equal to the value, at the time of his retirement of

(i) the monthly pension that will become payable under the Old Age Security Act (Canada) to persons who have the same date of birth as he has, or

(ii) the monthly pension that will become payable to him under the Canada Pension Plan, or

(iii) both those monthly pensions,

as the case requires;

THE MUNICIPAL ASSESSMENT ACT

C.C.S.M. c. M226 amended

3(1)        The Municipal Assessment Act is amended by this section.

Section 21 amended

3(2)        Section 21 is amended by adding the following after clause (d):

(e) is owned by the Town of Neepawa, used as an airport, and located in section 31-14-15 WPM and the NE quarter of 30-14-15 WPM;

(f) is owned by the Rural Municipality of Saskatchewan, located in the Town of Rapid City, and described as lots 11 to 13, block 52, plan A;

(g) is owned by the Rural Municipality of Morris, located in the Town of Morris, and described as follows:

All those portions of River Lots 337 and 339 of the Parish of Saint Agathe, according to a plan registered in the Winnipeg Land Titles Office as No. 3799, bounded as follows: on the South by the Southern limit of River Lot 337, on the North by a straight line drawn North of, parallel with and perpendicularly distant 947 feet from the Southern limit, and on the East and West by two straight lines drawn Northerly at right angles to the Southern limit from points in the same distant Westerly thereon 565 feet and 765 feet respectively from the Western limit of the land taken for the right of way of the Canadian Pacific Railway as same is shown on a plan filed in the Office as No. 374;

(h) is owned, and used as a site for a municipal office, by the Rural Municipality of Roblin, located in the Village of Cartwright, and described as lot 2, block 7, plan 35, and lot 25, block 9, plan 35.

Subsection 22(1) amended

3(3)        Subsection 22(1) is amended by adding the following after clause (1):

(m) is owned by the Rural Municipality of Langford, the Rural Municipality of Rosedale and the Town of Neepawa, and is described as lots 8 to 13 and 21 to 25, Block 100, Plan 256 in the Town of Neepawa;

(n) is owned by the Dauphin Veterans' Association, used and occupied by the Association and other organizations comprising members or ex-members of Her Majesty's Forces, and is located in lot 8, block 11, plan 243 in the Town of Dauphin.

THE PARTNERSHIP ACT

C.C.S.M. c. P30 amended

4(1)        The Partnership Act is amended by this section.

Section 12 amended

4(2)        Section 12 is amended by adding"debts" after "separate".

THE MANITOBA PUBLIC INSURANCE CORPORATION ACT

C.C.S.M. c. P215 amended

5(1)        The Manitoba Public Insurance Corporation Act is amended by this section.

Subsection 10(4) amended

5(2)        Subsection 10(4) is amended by striking out "then" and substituting "them".

Section 18 amended

5(3)        Section 18 is amended by striking out "payment" and substituting "payments".

Subsection 38(1) amended

5(4)        The definition of "insurance money" in subsection 38(1) is amended by striking out "means payment" and substituting "means a payment".

Section 46 amended

5(5)        Section 46 is amended by striking out "Practice" and substituting "Practices".

Subsection 65(7) amended

5(6)        Subsection 65(7) is amended by adding "copies" before "of all documents".

Subsection 65(11) amended

5(7)        Subsection 65(11) is amended by striking out "Rate" and substituting "Rates".

THE REAL PROPERTY ACT

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

6(1)        The Real Property Act is amended by this section.

Section 196 repealed and substituted

6(2)        Section 196 is repealed and the following is substituted:

Coming into force of subsec. 45(5) and sec. 141

196         The words in subsection 45(5) and section 141 that follow "expropriation" in each case, come into force on May 1, 1990.

Validation

6(3)        Notwithstanding the effect of section 14 of The Statute Law Amendment (Re-enacted Statutes) Act, 1990, during the period commencing on October 19, 1988 and ending on April 30, 1990, no proceeding taken or right or duty exercised as if the words in subsection 45(5) and section 141 up to and including "expropriation", in each case, were in force during that period, is invalid by reason only that those words were not in force, and no person shall challenge the proceeding or the exercise of the right or duty on the grounds only that those words were not in force at the time the proceeding was taken or the right or duty was exercised, as the case may be.

THE RE-ENACTED STATUTES OF MANITOBA, 1987, ACT

S.M. 1987-88, c. 9 amended

7(1)        The Re-enacted Statutes of Manitoba, 1987, Act is amended by this section.

Subsections 9(3) and (4) added

7(2)        The following is added after subsection 9(2):

Authority for loose-leaf edition of R.S.M. 1987

9(3)        The Queen's Printer may print and publish an edition of the Re-enacted Statutes of Manitoba, 1987 in what is commonly known as a loose-leaf form, with the separate pages not bound together but punched so that they may be conveniently held together by a temporary fastening and removed or new pages inserted, or both, from time to time.

Publication of amendments in loose-leaf form

9(4)        Where the Queen's Printer prints and publishes an edition of the Re-enacted Statutes of Manitoba, 1987, as provided in subsection (3), the Queen's Printer may also print and publish in similar loose-leaf form, punched in the manner and for the purpose mentioned in subsection (3),

(a) any amendment subsequently made by an Act of the Legislature to any Act included in the Re-enacted Statutes of Manitoba, 1987; and

(b) any new Act enacted by the Legislature, and that is either

(i) substituted for, and replacing, an Act that is included in the Re-enacted Statutes of Manitoba, 1987 and that is repealed by the new Act, or

(ii) not included in the Re-enacted Statutes of Manitoba, 1987;

notwithstanding that, in printing any amendment to which clause (a) applies it may be necessary for the purpose of including it in its proper place on a page, to reprint any part that is not so amended.

THE RE-ENACTED STATUTES OF MANITOBA, 1988, ACT

S.M. 1988-89, c. 1 amended

8(1)        The Re-enacted Statutes of Manitoba, 1988, Act is amended by this section.

Subsections 9(3) and (4) added

8(2)        The following is added after subsection 9(2):

Authority for loose-leaf edition of R.S.M. 1988

9(3)        The Queen's Printer may print and publish an edition of the Re-enacted Statutes of Manitoba, 1988 in what is commonly known as a loose-leaf form, with the separate pages not bound together but punched so that they may be conveniently held together by a temporary fastening and removed or new pages inserted, or both, from time to time.

Publication of amendments in loose-leaf form

9(4)        Where the Queen's Printer prints and publishes an edition of the Re-enacted Statutes of Manitoba, 1988, as provided in subsection (3), the Queen's Printer may also print and publish in similar loose-leaf form, punched in the manner and for the purpose mentioned in subsection (3),

(a) any amendment subsequently made by an Act of the Legislature to any Act included in the Re-enacted Statutes of Manitoba, 1988; and

(b) any new Act enacted by the Legislature, and that is either

(i) substituted for, and replacing, an Act that is included in the Re-enacted Statutes of Manitoba, 1988 and that is repealed by the new Act, or

(ii) not included in the Re-enacted Statutes of Manitoba, 1988;

notwithstanding that, in printing any amendment to which clause (a) applies it may be necessary for the purpose of including it in its proper place on a page, to reprint any part that is not so amended.

THE STATUTE LAW AMENDMENT (RE-ENACTED STATUTES) ACT, 1990

S.M. 1989-90, c. 91 amended

9(1)        The Statute Law Amendment (Re-enacted Statutes) Act, 1990 is amended by this section.

Section 13 re: Liquor Control Act amended

9(2)        Section 13 is amended by striking out "Commission" in the heading preceding the section and in the section.

THE STATUTE RE-ENACTMENT AND BY-LAW VALIDATION (MUNICIPAL) ACT

S.M. 1989-90, c.68 amended

10(1)       The Statute Re-enactment and By-law Validation (Municipal) Act is amended by this section.

Sections 1.1 and 12, added

10(2)       The following is added after section 1:

Dauphin Memorial Community Centre Board Act

1.1         The Dauphin Memorial Community Centre Board Act, set out in Schedule D, is deemed to have been contained in the roll on March 15, 1990.

Beautiful Plains County Buildings Act

1.2         The Beautiful Plains County Buildings Act, set out in Schedule E, is deemed to have been contained in the roll on March 15, 1990.

Schedule A, item 16 struck out

10(3)       Schedule A is amended by striking out item 16.

Schedule A, item 21 amended

10(4)       Item 21 in Schedule A is amended by striking out "Passing" and substituting "Housing".

Schedule B amended

10(5)       Schedule B is amended by striking out items 10, 11, 16 and 20.

Schedule C amended

10(6)       Schedule C is amended by adding the heading preceding item 62.1, and items 62.1, 83.1 and 756.1, as set out in Schedule A to this Act, in numerical order within Schedule C.

Schedules D and E added

10(7)       Schedules B and C of this Act are added to The Statute Re-enactment and By-law Validation (Municipal) Act as Schedules D and E, respectively.

Validation respecting Dauphin Memorial Community Centre Board

10(8)       No decision made or action taken, in the period from August 14, 1990 to the day this section comes into force, by The Dauphin Memorial Community Centre Board appointed under the terms of an agreement dated August 14, 1990 between the Town of Dauphin, the Rural Municipality of Dauphin and The Dauphin Agricultural Society, is invalid or unenforceable by reason only that The Dauphin Memorial Community Centre Board Act is enacted retroactively to March 15, 1990 by this Act.

DEEMED VALIDITY

Deemed validity

11          No proceeding taken, 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, 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, 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, payment was made or received, right or duty was exercised or decision was made, as the case may be.

PART 2

PRIVATE ACTS

THE UNITED CHURCH OF CANADA ACT

R.S.M. 1990, c. 200, French version, amended

12(1)       The French version of The United Church of Canada Act is amended by this section.

Clauses 2e) and 8a) amended

12(2)       The French version of the following provisions is amended by striking out "syndics" and substituting "fiduciaires":

(a) clause 2e); and

(b) clause 8a).

Schedule A, items 1,4 and 5 amended

12(3)       The French version of Schedule A is amended by striking out "consistoire" or "consistoires", as the case may be, and substituting "presbytère" or "presbytères" in the following provisions:

(a) item 1, column two;

(b) item 4, column one and clause c); and

(c) item 5, columns one and two.

Schedule A, items 5 and 11 amended

12(4)        The French version of Schedule A is further amended by striking out "fiduciaires" and substituting "régisseurs"

(a) where it first occurs in item 5, column two; and

(b) in item 11, column two.

Schedule A, item 7 amended

12(5)       The French version of Schedule A is further amended by striking out "conseil des fiduciaires" wherever it occurs in item 7 and substituting "conseil des régisseurs".

PART 3

COMING INTO FORCE

General

13(1)       Subject to subsections (2) to (5), this Act comes into force on the day it receives royal assent.

Sections 1, 4, 5 and 7 retroactive to February 1, 1988

13(2)       Sections 1, 4, 5 and 7 are retroactive and deemed to have come into force on February 1, 1988.

Sec. 2, subsecs. 6(1) and (2) and sec. 8 retroactive to October 19, 1988

13(3)       Section 2, subsections 6(1) and (2) and section 8 are retroactive and deemed to have come into force on October 19, 1988.

Sections 3, 9 and 10 retroactive to March 15, 1990

13(4)       Sections 3, 9 and 10 are retroactive and deemed to have come into force on March 15, 1990.

Section 12 retroactive to November 14, 1990

13(5)       Section 12 is retroactive and deemed to have come into force on November 14, 1990

SCHEDULE A

(subsection 10(6))

Statute Year Cap. No. Title to Act
BOWSMAN
62.1 1961(1st) 73 An Act to validate By-Law No. 109 of the Village of Bowsman.
83.1 1978 51 An Act Respecting The City of Brandon.
756.1 1968 84 An Act to Validate By-Law Nos. 3/68, 5/68 and 6/68 of The Town of Swan River.

SCHEDULE B

(subsection 10(7))

SCHEDULE D

(section 1.1)

THE DAUPHIN MEMORIAL COMMUNITY CENTRE BOARD ACT

WHEREAS the Minister of Justice has caused this Act to be prepared in English and French for re-enactment in accordance with a judgment dated June 13, 1985 and an order dated November 4, 1985 of the Supreme Court of Canada;

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

Validation of by-laws and agreement

1           By-law No. 2122 of the Town of Dauphin, By-law No. 1767 of the Rural Municipality of Dauphin, By-law No. 1/50 of The Dauphin Agricultural Society, and an agreement dated March 8, 1950 and executed by the parties, and all things done for the purpose of carrying the by-laws and the agreement into effect and done under their authority, are validated and made binding on the municipalities and The Dauphin Agricultural Society and all parties affected by them, as if the by-laws and the agreement were enacted by the Legislature.

Board of management

2           Notwithstanding sections 437 to 441 of The Municipal Act, and any other Act of the Legislature, the management and control of the property described in the agreement shall, subject to the rights of The Dauphin Agricultural Society under the terms of the agreement, be vested in a board of management of 15 persons to be known as The Dauphin Memorial Community Centre Board.

Election and appointment of board

3(1)        The members of the board of management shall be appointed or elected as follows:

(a) two members of the council of the Town of Dauphin shall be appointed annually by the council of the Town of Dauphin for a term of one year;

(b) two members of the council of the Rural Municipality of Dauphin shall be appointed annually by the council of the Rural Municipality of Dauphin for a term of one year;

(c) two members of the board of directors of The Dauphin Agricultural Society shall be appointed annually by the board of directors of the Society for a term of one year;

(d) six resident electors of the Town of Dauphin, none of whom shall be members of the council, and three resident electors of the Rural Municipality of Dauphin, none of whom shall be members of the council, shall be elected by the resident electors of the Town of Dauphin and the Rural Municipality of Dauphin respectively.

Term of office of elected member

3(2)        An elected member of the board shall hold office for a term of two years or until a successor is appointed.

Annual meeting for election of board

4(1)        Elections shall take place at an annual joint meeting of the resident electors of the Town of Dauphin and the Rural Municipality of Dauphin, to be called by The Dauphin Memorial Community Centre Board in January of each year.

Notice of meeting

4(2)        Notice of a meeting to be held under subsection (1) shall be given by the clerk of the Town of Dauphin by publishing a public notice in the newspaper called The Dauphin Herald, at least one week before the date fixed for the meeting; and the notice shall set forth the purpose, and fix the time and place, of the meeting.

Application of Municipal Act

5           Sections 437 to 441 of The Municipal Act apply, to the extent that they are not inconsistent with this Act, to The Dauphin Memorial Community Centre Board.

Citation as S.M. 1989-90, c. 68, Sch. D

6           This Act may be cited by reference to its title, or as S.M. 1989-90, c. 68, Sch. D.

Note:

The original Act is found at S.M. 1950 (1st), chapter 76.

SCHEDULE C

(subsection 10(7))

SCHEDULE E

(section 1.2)

THE BEAUTIFUL PLAINS COUNTY BUILDINGS ACT

WHEREAS certain premises situated in the Town of Neepawa and known as The Beautiful Plains County Buildings is an asset of the late Central Judicial District Board, handed over to and held by the Municipal Commissioner in trust for certain municipalities comprising the territory of the old County of Beautiful Plains, which is to say, the Town of Neepawa and the Rural Municipalities of Langford, Lansdowne and Rosedale;

AND WHEREAS it is considered advisable that the Municipal Commissioner should divest himself of the trust and absolutely hand over to and vest the premises in the municipalities, together with all buildings on the premises;

AND WHEREAS the Minister of Justice has caused this Act to be prepared in English and French for re-enactment in accordance with a judgment dated June 13, 1985 and an order dated November 4, 1985 of the Supreme Court of Canada;

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

Conveyance of premises

1           The Municipal Commissioner for Manitoba is hereby authorized and empowered to convey and absolutely assure to the municipalities set forth in the recital to this Act, the premises and all buildings on the premises

Apportionment of premises

2           The Municipal Commissioner shall, in the conveyance, determine and apportion the amount of the respective interests of the municipalities in the premises.

Management of premises

3(1)        Subject to subsection (2), the administration, management and control of the premises and buildings shall be under the joint jurisdiction of the respective reeves of the municipalities of Langford, Lansdowne and Rosedale, and the mayor of the Town of Neepawa, who shall have power to make rules and regulations for the full and effectual management of the premises and buildings.

Minister to make rules

3(2)        Where the persons named in subsection (1) are not able to reach agreement with respect to the administration of the premises and buildings, the Minister of Rural Development may, on the application of one or more of the municipalities, intervene and make rules for the administration and management of the premises and buildings.

Division of rents and costs

4           The rents and profits derived from the premises and buildings shall be divided between the municipalities on a basis of the extent of the interest of each of the municipalities therein, as determined by the Minister of Rural Development, and all expenditures in connection therewith shall be borne and paid by the municipalities in like proportions.

Conveyance requires approval

5           No disposition or conveyance of the premises, or any part of the premises, or of any interest therein, shall be made by any of the municipalities, except by and with the consent of the Minister of Rural Development.

Citation as S.M. 1989-90, c. 68, Sch. E

6           This Act may be cited by reference to its title, or as S.M. 1989-90, c. 68, Sch. E.

Note:

The original Act is found at S.M. 1906, chapter 2.