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The Ombudsman Amendment Act

S.M. 1990-91, c. 10

Bill 25, 1st Session, 35th Legislature

The Ombudsman Amendment Act

(Assented to December 14, 1990)

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

C.C.S.M. c. 045 amended

1           The Ombudsman Act is amended by this Act.

Sections 15.1 and 15.2 added

2           The Act is amended by adding the following after section 15:

Agreement with City of Winnipeg

15.1        Notwithstanding subsection 3(2) of this Act and subsection 66(5) of The City of Winnipeg Act, the Ombudsman may enter into an agreement with the City of Winnipeg to provide the services of an ombudsman under the provisions of The City of Winnipeg Act, and may charge the city a fee for providing the service.

Five year sunset clause

15.2(1)     Subject to subsection (3), section 15.1 expires and is no longer in force and effect on the fifth anniversary date of the coming into force of the section

Review by Assembly

15.2(2)     Upon expiry of section 15.1, the Standing Committee of the Assembly on Privileges and Elections, or such other committee of the Assembly or other committee or person as the Assembly may specify by resolution, shall review the services provided by the Ombudsman to the City of Winnipeg under section 15.1 and shall, no later than 6 months after expiry of section 15.1, table a report, with or without recommendations, in the Assembly.

Services continue daring review

15.2(3)     Notwithstanding subsection (1), an agreement between the Ombudsman and the City of Winnipeg under section 15.1, entered into before expiry of the section, shall, at the election of either party, remain in force and effect until such time as the Legislature otherwise provides.

Delay of ombudsman's service

3           Notwithstanding sections 65 to 73 of The City of Winnipeg Act, the City of Winnipeg may delay providing the services of an ombudsman under that Act until an agreement under section 15.1 of The Ombudsman Act is concluded or July 1, 1991, whichever first occurs; and no action or proceeding may in the meantime be taken against the City of Winnipeg in respect of sections 65 to 73.

Coming into force

4(1)        This Act, except section 3, comes into force on the day it receives royal assent.

Section 3 retroactive

4(2)        Section 3 is retroactive and is deemed to have come into force on November 3, 1990.