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The Statute Law Amendment Act, 1991

S.M. 1991-92, c. 41

Bill 65, 2nd Session, 35th Legislature

The Statute Law Amendment Act, 1991

(Assented to July 26, 1991)

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

PART 1 GENERAL

THE BUILDERS' LIENS ACT

C.C.S.M. c. B91

1(1)        The Builders' Liens Act is amended by this section.

Subsection 78(1) amended

1(2)        Subsection 78(1) is amended by striking out all of the portion preceding clause (a) and substituting "Where an action to realize a lien is commenced in a centre where a master of the court is available, a judge of the court may refer the action to the master, and thereupon the master shall".

Subsection 78(2) amended

1(3)        Subsection 78(2) is amended by striking out "On receipt of the report of the master," and substituting "On receipt of the report of a master under subsection (1),".

Subsection 78(3) amended

1(4)        Subsection 78(3) is amended by striking out "Where a report of the master has been made and has been adopted," and substituting "Where the report of a master has been made under subsection (1) and has been adopted under subsection (2),".

THE CANCER TREATMENT AND RESEARCH FOUNDATION ACT

C.C.S.M. c. C20

2(1)        The Cancer Treatment and Research Foundation Act is amended by this section.

Section 2 amended

2(2)        Section 2 is amended by striking out "10" in clause (d) and substituting "15".

Subsection 6(2) amended

2(3)        Subsection 6(2) is amended by adding "and thereafter until a successor is appointed" at the end.

THE CIVIL SERVICE SUPERANNUATION ACT

C.C.S.M. c. C120

3           The Civil Service Superannuation Act is amended by adding the following after section 64:

No further liability where commuted value transferred

64.1        Where pursuant to this or any other Act or any agreement, an amount equal to the commuted value of contributions in the fund of or with respect to an employee or to the actuarial liability of the fund for benefits to an employee is transferred by the fund to any person, body or pension plan for the benefit of that employee, employee's spouse or employee's estate, the commuted value or actuarial liability established for the purposes of the transfer is deemed to be final, and the fund is deemed to have no further obligation with respect to that employee in connection with those contributions, the period of service in respect of which those contributions were made, any rights to benefits otherwise payable out of the fund or the amount established as the commuted value or actuarial liability for those contributions, and no employee, former employee or other person shall commence any action or legal proceeding of any kind against the fund with respect to any such matter.

THE CORPORATIONS ACT

C.C.S.M. c. C225

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

Subsection 73(3) amended

4(2)        Subsection 73(3) is amended by striking out "insurer" and substituting "issuer".

Section 196 amended

4(3)        Section 196 is amended by adding "a body corporate incorporated under an Act of the Parliament of Canada or" after "in the case of in clause (b)".

Transitional

4(4)        Clause 196(b) of The Corporations Act, as amended by subsection 6(2) of this Act, is deemed always to have been the law from the time of enactment of the clause.

Section 226 repealed and substituted

4(5)        Section 226 is repealed and the following is substituted:

Criminating statements

226         No person is excused from attending and giving evidence and producing documents and records to an inspector under this Part by reason only that the evidence tends to criminate the person or subject the person to any proceeding or penalty, but the evidence shall not be used and is not receivable against the person in any proceeding under any Act, except a prosecution under section 133 (perjury) or 136 (giving contradictory evidence) of the Criminal Code (Canada).

THE CORPORATION CAPITAL TAX ACT

C.C.S.M. c. C226

5           Subsection 27(1) of The Corporation Capital Tax Act is amended by striking out "writ of fieri facias" and substituting "writ of seizure and sale".

THE PROVINCIAL COURT ACT

C.C.S.M. c. C275

6           The Provincial Court Act is amended by striking out "XVI" in clause 7(d) and again in subsection 42(2) and, in each case, substituting "XIX".

THE COURT OF QUEEN'S BENCH ACT

C.C.S.M. c. C280

7(1)        The Court of Queen's Bench Act is amended by this section.

Subsection 24(1) amended

7(2)        Subsection 24(1) is amended by adding ", and may assign to the judges of the court other duties relating to the administration of justice or for the purposes of an Act of the Legislature" at the end.

Subsection 65(2) repealed and substituted

7(3)        Subsection 65(2) is repealed and the following is substituted:

Mutual debts of different nature

65(2)       Mutual debts may be set off against each other, even if they are of a different nature.

THE CROP INSURANCE ACT

C.C.S.M. c. C310

8           Section 24 of The Crop Insurance Act is amended

(a) by renumbering subsection (1) as section 24; and

(b) by repealing subsection (2).

THE ENVIRONMENT ACT

C.C.S.M. c. E125

9(1)        The Environment Act is amended by this section.

Subsection 13.1(2) amended

9(2)        Subsection 13.1(2) is amended by striking out "central registry" in sub-clause (b)(i) and substituting "public registry".

Subsection 41(1) amended

9(3)        Subsection 41(1) is amended by renumbering clauses (z) and (aa), as enacted by The Environment Amendment Act, S.M. 1990-91, c. 15 s. 3, as clauses (aa) and (bb) respectively.

THE FINANCIAL ADMINISTRATION ACT

C.C.S.M. c. F55

10          Section 20 of The Financial Administration Act is repealed.

THE HIGHWAYS AND TRANSPORTATION DEPARTMENT ACT

C.C.S.M. c. H40

11          Subsection 19(2) of The Highways and Transportation Department Act is repealed.

THE INTESTATE SUCCESSION ACT

C.C.S.M. c. 185

12          The English version of section 3 of The Intestate Succession Act is amended

(a) by striking out "more" in the part of the section that precedes clause (a) and substituting "both"; and

(b) by striking out "or" at the end of clause (a).

THE LEGISLATIVE ASSEMBLY ACT

C.C.S.M. c. L110

13(1)       The Legislative Assembly Act is amended by this section.

Subsection 68(1) amended

13(2)       Subsection 68(1) is amended by striking out "under those subsections" and substituting "under those provisions".

Section 69 amended

13(3)       Section 69 is amended

(a) by striking out "53(4) or (5)" in the definition of "additional remuneration" and substituting "59(4) or (5)";

(b) by striking out "53(4)" in the definition of "indemnity" and substituting "59(4)"; and

(c) by striking out "53(4)" in the definition of "special session indemnity" and substituting "59(4)".

THE LOCAL AUTHORITIES ELECTION ACT

C.C.S.M. c. L180

14          Subsection 69(4) of The Local Authorities Election Act is amended by striking out "Part XIV of the Criminal Code" and substituting "Part XVI of the Criminal Code (Canada)".

THE LOCAL GOVERNMENT DISTRICTS ACT

C.C.S.M. c. L190

15          Subsection 9(4) of The Local Government Districts Act is repealed and the following is substituted:

Appointment of officials and remuneration

9(4)        The Lieutenant Governor in Council may appoint

(a) a resident administrator for any one or more local government districts with such clerks and assistants as may be required to enable the resident administrator to carry out the resident administrator's duties; and

(b) such employees as may be required for all local government districts in the province;

and every person so appointed shall,

(c) as may be prescribed by the Lieutenant Governor in Council, discharge the duties of, and hold, any office authorized by law;

(d) be under the control and direction of the minister; and

(e) be paid a salary or other remuneration as provided by law.

THE MOTIVE FUEL TAX ACT

C.C.S.M. c. M220

16          Subsection 25(6) of The Motive Fuel Tax Act is amended by striking out "clause 17(4)(e)" and substituting "subsection 17(4)".

THE MUNICIPAL ACT

C.C.S.M. c. M225

17(1)       The Municipal Act is amended by this section.

Subsection 50(1) amended

17(2)       Subsection 50(1) is amended by striking out "112" in clause (a) and substituting "123 (municipal corruption)".

Subsection 306(3) amended

17(3)       Subsection 306(3) is amended by striking out "subsection (2)" in clause (a) and substituting "subsection (1)".

Section 864 amended

17(4)       Section 864 is amended by striking out "$2,000." where it appears

(a) in the heading of, and again within, subsection (1); and

(b) in subsection (5);

and, in each case, substituting "$10,000.".

THE MUNICIPAL AFFAIRS ADMINISTRATION ACT

C.C.S.M. c. M230

18          The Municipal Affairs Administration Act is amended by adding the following:

Mobility disadvantaged in rural Manitoba

18          The minister may enter into an agreement with a municipality, local government district or community council of an area in Northern Manitoba as that expression is defined in The Northern Affairs Act, respecting the making of grants to any of those entities to enable them to provide transportation for persons in rural Manitoba with problems of mobility.

THE NEWSPAPERS ACT

C.C.S.M. c. N90

19(1)       The Newspapers Act is amended by this section.

Section 2 amended

19(2)       Section 2 is amended by striking out ", descriptions, and places of abode" and substituting "and descriptions".

Section 7 amended

19(3)       Section 7 is amended by striking out "their respective places of abode or".

Section 9 amended

19(4)       Section 9 is amended

(a) by striking out "In some part" and substituting "In a conspicuous part"; and

(b) by striking out ", addition and place of abode" and substituting "and addition".

THE OMBUDSMAN ACT

C.C.S.M. c. O45

20(1)       The Ombudsman Act is amended by this section.

Section 15.1 rep. and sob.

20(2)       Section 15.1 is repealed and the following is substituted:

Ombudsman services to City of Winnipeg

15.1(1)     Notwithstanding subsection 3(2) of this Act and subsection 66(5) of The City of Winnipeg Act, where an agreement with the City of Winnipeg is entered into under subsection (2), the Ombudsman shall provide the services of an ombudsman to the City of Winnipeg in accordance with that agreement.

Minister may enter into agreement

15.1(2)     The Lieutenant Governor in Council may authorize a minister to enter into an agreement with the City of Winnipeg relating to the provision of ombudsman services to the City of Winnipeg by the Ombudsman.

Payments into Consolidated Fund

15.1(3)     Amounts payable by the City of Winnipeg pursuant to an agreement under subsection (2) are payable to the Province of Manitoba and shall be deposited in the Consolidated Fund.

Subsection 15.2(3) amended

20(3)       Subsection 15.2(3) is amended by striking out "between the Ombudsman and the City of Winnipeg".

Time extended

20(4)       Notwithstanding sections 65 to 73 of The City of Winnipeg Act, the City of Winnipeg may delay providing the services of an ombudsman under The City of Winnipeg Act until an agreement under section 15.1 of The Ombudsman Act is concluded or January 1, 1992, 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.

THE PHYSIOTHERAPISTS ACT

C.C.S.M. c. P65

21(1)       The Physiotherapists Act is amended by this section.

Subsection 22(1) amended

21(2)       Subsection 22(1) is amended by striking out "shall attempt" and substituting "where the committee considers it appropriate shall attempt".

Section 26 amended

21(3)       Section 26 is amended by striking out "from the complaints committee" and substituting "from the complaints committee or the registrar under section 25".

THE PRIVATE INVESTIGATORS AND SECURITY GUARDS ACT

C.C.S.M. c. P132

22          Subsection 25(1) of The Private Investigators and Security Guards Act is amended by striking out "XXIV" and substituting "XXVII".

THE MANITOBA PUBLIC INSURANCE CORPORATION ACT

C.C.S.M. c. P215

23          Section 23 of The Manitoba Public Insurance Corporation Act is amended by striking out "clause 237(a), clause 237(b) or subsection 238(5) of The Criminal Code"

(a) in subsection (1);

(b) in subsection (2); and

(c) in subsection (3);

and, in each case, substituting "clause 253(a) or (b) or subsection 254(5) of the Criminal Code (Canada)".

THE REAL PROPERTY ACT

C.C.S.M. c. R30

24(1)       The Real Property Act is amended by this section.

Subsection 26(2) amended

24(2)       Subsection 26(2) is amended by striking out all the words following "non-production".

Subsection 26(3) repealed

24(3)       Subsection 26(3) is repealed.

Subsection 26(4) amended

24(4)       Subsection 26(4) is amended by striking out "subsections (2) and (3)" and substituting "subsection (2)".

Subsection 45(1) amended

24(5)       Subsection 45(1) is amended

(a) by striking out "$2,000." and substituting "$10,000.,"; and

(b) by striking out "the district registrar shall not take notice of any irregularity in, or inquiry into the regularity of, the tax sale proceedings or any proceedings prior to, or having relation to, the assessment of the land; but".

Subsection 45(2) amended

24(6)       Subsection 45(2) is amended by striking out "certificate of lis pendens" and substituting "pending litigation order".

Subsection 45(3) amended

24(7)       Subsection 45(3) is amended by striking out "$2,000." and substituting "$10,000.".

THE STEAM AND PRESSURE PLANTS ACT

C.C.S.M. c. S210

25          Subsection 3(3) of The Steam and Pressure Plants Act is amended by repealing clause (b) and substituting the following:

(b) each pressure plant and each pressure vessel, but not including

(i) a steam plant or refrigeration plant,

(ii) a pressure vessel with a capacity of less than ten cubic feet, or

(iii) a portable gas container,

shall be inspected once every two years; and.

THE SUMMARY CONVICTIONS ACT

C.C.S.M. c. S230

26(1)       The Summary Convictions Act is amended by this section.

Subsection 28(1) amended

26(2)       Subsection 28(1) is amended

(a) by striking out "section 704 of the Criminal Code" in clause (a) and substituting "section 770 of the Criminal Code (Canada)"; and

(b) by striking out "Part XXII of the Criminal Code" in clause (b) and again in clause (c) and, in each case, substituting "Part XXV of the Criminal Code (Canada)".

Subsection 28(2) amended

26(3)       Subsection 28(2) is amended by striking out "XXII" and substituting "XXV".

THE TEACHERS' SOCIETY ACT

C.C.S.M. c. T30

27          The Teachers' Society Act is amended by striking out "Les Éducatrices et Éducateurs Franco-Manitobains"

(a) in subsection 10(1);

(b) in subsection 15(1); and

(c) in subsection 15(2);

and, in each case, substituting "Les Éducatrices et Éducateurs Francophones du Manitoba".

THE UNIFORM LAW CONFERENCE COMMISSIONERS ACT

C.C.S.M. c. U30

28          Subsection 4(2) of The Uniform Law Conference Commissioners Act is amended by striking out "shall" and substituting "may".

THE WORKPLACE INNOVATION CENTRE ACT

C.C.S.M. c. W205

29          The Workplace Innovation Centre Act is repealed.

THE CENTENNIAL PROJECTS TAX STATUS ACT

S.M. 1988-89, c. 38

30          The Centennial Projects Tax Status Act is amended by adding the following after section 7:

Non-application of sections 6 and 7

8           Sections 6 and 7 do not apply and are deemed never to have applied to any of the centennial projects described in clauses 1(d), (e) and (f).

THE PROVINCIAL EXHIBITION OF MANITOBA, THE CITY OF BRANDON, AND THE GOVERNMENT OF MANITOBA AGREEMENT VALIDATION ACT

R.S.M. 1990 c. 254

31          The Provincial Exhibition of Manitoba, The City of Brandon, and the Government of Manitoba Agreement Validation Act is repealed.

PART 2 RE-ENACTED STATUTES — PUBLIC ACTS

THE FIRES PREVENTION ACT

C.C.S.M. c. F80

32          Subsection 57(6) of The Fires Prevention Act is amended by striking out "to a fine of not more than or to imprisonment for not more than 10 days, or to both such a $50. fine and such an imprisonment" and substituting "to a fine of not more than $50. or to imprisonment for not more than 10 days, or to both such a fine and such an imprisonment".

THE HIGHWAY TRAFFIC ACT

33           Subsection 326(12) of The Highway Traffic Act is amended by striking out "87, 88, 95, and 98" and substituting "85, 86, 93 and 96".

THE LIMITATION OF ACTIONS ACT

C.C.S.M. c. L150

34          Schedule A of The Limitation of Actions Act is amended by striking out Item 13 and substituting the following:

13.         Sections 286, 324, 436 and 889 of The Municipal Act

THE HEALTH SCIENCES CENTRE ACT

S.M. 1988-89, c.41

35          Section 2 of The Health Sciences Centre Act is amended by striking out "continued" and substituting "is continued".

PART 3

RE-ENACTED STATUTES — PRIVATE ACTS

THE ASSOCIATION FOR COMMUNITY LIVING — MANITOBA INC. INCORPORATION ACT

R.S.M. 1990, c. 6

36(1)       The Association for Community Living — Manitoba Inc. Incorporation Act is amended by this section.

Title repealed and substituted

36(2)       The title of the French version is repealed and "LOI CONSTITUANT EN CORPORATION L'ASSOCIATION POUR L'INTÉGRATION COMMUNAUTAIRE MANITOBA INC." is substituted.

Preamble amended

36(3)       The third paragraph of the preamble in the French version is amended by striking out "« Association for Community Living — Manitoba Inc. »" and substituting "« l'Association pour l'intégration communautaire — Manitoba Inc. »".

Sections 1 and 2 amended

36(4)       Sections 1 and 2 of the French version are amended by striking out "« Association for Community Living — Manitoba Inc. »" wherever it appears and substituting "« l'Association pour l'intégration communautaire — Manitoba Inc. »".

Schedule amended

36(5)       The Schedule of the French version is amended by striking out "« Association for Community Living — Manitoba Inc. »" wherever it appears and substituting "« l'Association pour l'intégration communautaire — Manitoba Inc. »".

THE BURLINGTON NORTHERN (MANITOBA) LIMITED INCORPORATION ACT

R.S.M. 1990, c. 18

37(1)       The Burlington Northern (Manitoba) Limited Incorporation Act is amended by this section.

Title repealed and substituted

37(2)       The title of the French version is repealed and "LOI CONSTITUANT EN CORPORATION LA COMPAGNIE BURLINGTON NORTHERN (MANITOBA) LIMITÉE" is substituted.

Section 1 amended

37(3)       The French version of section 1 is amended by striking out "La « Burlington Northern (Manitoba) Limited »" and substituting "La Compagnie Burlington Northern (Manitoba) Limitée".

Section 24 amended

37(4)       The French version of section 24 is amended by striking out "la Compagnie Burlington Northern (Manitoba) Limitée" and substituting "La Compagnie Burlington Northern (Manitoba) Limitée".

Schedule A amended

37(5)       The French version of Schedule A is amended by striking out "la Compagnie Burlington Northern (Manitoba) Limitée" and substituting "La Compagnie Burlington Northern (Manitoba) Limitée".

THE CANADIAN PACIFIC RAILWAY COMPANY SUBSIDIARIES ACT

R.S.M. 1990, c. 22

38(1)       The Canadian Pacific Railway Company Subsidiaries Act is amended by this section.

Name amended

38(2)       In the French version,

(a) in the title, "COMPAGNIE DE CHEMIN DE FER CANADIEN PACIFIQUE" is struck out and "« CANADIAN PACIFIC RAILWAY COMPANY »" is substituted;

(b) in the section heading preceding section 1, "Compagnie de chemin de fer Canadien Pacifique" is struck out and "La « Canadian Pacific Railway Company »" is substituted; and

(c) "Compagnie de chemin de fer Canadien Pacifique" is struck out wherever else it occurs in the Act and "« Canadian Pacific Railway Company »" is substituted.

Preamble amended, first paragraph

38(3)       The first paragraph of the preamble is amended by striking out "it" and substituting "its".

Preamble amended, second paragraph

38(4)       The second paragraph of the preamble is amended by adding "and proclaimed in force September 26, 1957" after "March 15, 1957".

Subsection 4(2) amended

38(5)       Subsection 4(2) is amended by striking out "company" and substituting "Company".

Subsection 4(3) repealed and substituted

38(6)       The French version of subsection 4(3) is repealed and the following is substituted:

Frais

4(3)        Les frais exigibles pour l'apposition de la mention visée plus haut sur un certificat de titre et son double ou sur tout autre instrument sont de un dollar (1 $).

Schedule added

38(7)       The following Schedule is added after subsection 4(3):

SCHEDULE

Manitoba South-Western Colonization Railway Company

The Great North-West Central Railway Company

THE MANITOBA CONFERENCE CORPORATION OF THE SEVENTH-DAY ADVENTIST CHURCH ACT

R.S.M. 1990, c. 94

39(1)       The Manitoba Conference Corporation of the Seventh-day Adventist Church Act is amended by this section.

Preamble amended

39(2)       The third paragraph of the preamble is amended by adding "Province of" before "Saskatchewan; Dr. M.C. Rudisaile".

Section 8 amended

39(3)       Section 8 is amended by adding "Incorporated" after "Church".

THE PAS HEALTH COMPLEX INCORPORATION ACT

R.S.M. 1990, c. 192

40(1)       The Pas Health Complex Incorporation Act is amended by this section.

Title amended

40(2)       The title of the Act is amended by adding "INC." after "COMPLEX".

Preamble amended

40(3)       The sixth paragraph of the preamble is amended by adding "Inc." after "Complex".

Subsection 1(1) amended

40(4)       Subsection 1(1) is amended by adding "Inc." after "Complex".

THE UKRAINIAN CATHOLIC PARISHES INCORPORATION ACT

R.S.M. 1990, c. 199

41(1)       The Ukrainian Catholic Parishes Incorporation Act is amended by this section.

Subsection 3(2) heading amended

41(2)       The section heading preceding subsection 3(2) is amended by striking out "with Provincial Secretary".

Section 14 amended

41(3)       Section 14 is amended by striking out "Ukrainian Cahtolic" and substituting "Ukrainian Catholic".

PART 4

COMING INTO FORCE

Whole Act

42(1)       Subject to subsections (2) to (7), this Act comes into force on the day it receives royal assent.

Section 3

42(2)       Section 3 is retroactive and is deemed to have come into force on January 1, 1985.

Section 20

42(3)       Subject to subsection (4), section 20 is retroactive and is deemed to have come into force on December 14, 1990.

Subsection 20(4)

42(4)       Subsection 20(4) is retroactive and is deemed to have come into force on July 1, 1991.

Section 28

42(5)       Section 28 is retroactive and is deemed to have come into force on April 1, 1991.

Sections 32, 33 and 34

42(6)       Sections 32, 33 and 34 are retroactive and are deemed to have come into force on February 1, 1988.

Sections 35 to 41

42(7)       Sections 35 to 41 are retroactive and are deemed to have come into force on November 14, 1990.