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The Statute Law Amendment Act, 1993

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S.M. 1993, c. 48

The Statute Law Amendment Act, 1993

(Assented to July 27, 1993)

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

PART 1

GENERAL

THE CENTENNIAL CENTRE CORPORATION ACT

C.C.S.M. c. C40 amended

1           Subsection 2(5) of The Centennial Centre Corporation Act is amended by striking out "in such amounts as may be approved by the Provincial Auditor".

THE CENTENNIAL PROJECTS TAX STATUS ACT

S.M. 1988-89, c. 38 amended

2           Clause 1(b) of The Centennial Projects Tax Status Act is amended by striking out "south-east" and substituting "south-west".

LE CENTRE CULTUREL FRANCO-MANITOBAIN ACT

C.C.S.M. c. C45 amended

3(1)        Le Centre Culturel Franco-Manitobain Act is amended by this section.

3(2)        Subsection 2(6) is amended by striking out "in such amount as may be approved by the Provincial Auditor".

3(3)        Subsection 3(5) is amended by striking out "south-east" and substituting "south-west".

THE CHILD AND FAMILY SERVICES ACT

C.C.S.M. c. C80 amended

4           Subsection 34(1.1) of The Child and Family Services Act is amended by adding "without having a litigation guardian appointed for the parent" at the end of the subsection.

THE COMMUNITIES ECONOMIC DEVELOPMENT FUND ACT

C.C.S.M. c. C155 amended

5(1)        The Communities Economic Development Fund Act is amended by this section.

5(2)        Section 1 is amended

(a) following the definition "président" in the French version, by striking out "(chairman)" and substituting "(chairperson) "; and

(b) by adding the following definition in alphabetical order:

"general manager and chief executive officer" means the person appointed as general manager and chief executive officer under subsection 16(1); (« directeur général et premier dirigeant »)

5(3) Section 5 of the English version is amended by striking out "The affairs of the fund shall be managed" and substituting "The management of the fund shall be directed".

5(4)        Subsection 15(1) is amended in the part preceding clause (a) by striking out "and shall administer the business and affairs of the fund".

5(5)        Subsection 15(7) of the English version is amended

(a) by striking out "debar him" and substituting "debar him or her";

(b) by striking out "his having" and substituting "whether the director has";

(c) by striking out "that he does not have" and substituting ", that he or she does not have"; and

(d) by striking out "he may resume his seat" and substituting "the director may resume his or her seat".

5(6)        Section 16 is repealed and the following is substituted:

Appointment of general manager and c.e.o.

16(1)       The board shall appoint a person to be the general manager and chief executive officer of the fund.

Duties of general manager and c.e.o.

16(2)       Under the control and direction of the board, the general manager and chief executive officer is responsible for the overall management and day to day operations of the fund.

5(7)        Subsection 21(4) is amended by striking out "chairperson of the board" and substituting "general manager and chief executive officer".

5(8)        Subsection 22(1) is amended

(a) by repealing the section heading and substituting "Annual reports"; and

(b) by striking out "Not later than June 30 in each year the chairperson shall make a report to the board" and substituting "Not later than July 31 in each year the board shall make a report".

5(9)        Subsection 22(3) is repealed and the following is substituted:

Quarterly financial statements

22(3)       In addition to the reports required under subsections (1) and (2), the board shall cause to be prepared, within 45 days after the end of every three month period, financial statements showing the financial condition of the fund and shall forward the statements to the minister without delay.

Tabling of statements in the Assembly

22(3.1)     After receiving the quarterly financial statements of the fund under subsection (3), the minister shall lay the statements before the Legislative Assembly, if it is then in session, without delay, and, if it is not then in session, within 15 days after the commencement of the next ensuing session.

Available to public

22(3.2)     After the financial statements of the fund are laid before the Legislative Assembly under subsection (3.1) and not before, the board shall make the statements available for inspection by the public during normal business hours at the head office of the fund.

5(10)       Subsection 28(1) is repealed and the following is substituted:

Limitation on liability

28(1)       Neither the general manager and chief executive officer, nor the chairperson, nor any director, nor anyone acting under the instructions or directions of any of them or of the board or under the authority of this Act, is personally liable for any loss or damage suffered by any person by reason of anything in good faith done or omitted to be done by him, her or them or any of them under, or in the exercise or supposed exercise of, the powers conferred by this Act.

5(11)       Subsection 28(2) of the English version is amended

(a) by striking out "by him as such a director" and substituting "by the person as a director"; and

(b) by striking out "his acts or omissions as such director" and substituting "the acts or omissions".

THE COMMUNITY CHILD DAY CARE STANDARDS ACT

C.C.S.M. c. C158 amended

6(1)        The Community Child Day Care Standards Act is amended by this section.

6(2)        Subsection 3(2) of the English version is amended by striking out "cre" and substituting "care".

6(3)        Subsection 3(3) of the English version is amended by striking out "carein" and substituting "care in".

6(4)        Subsection 31(3) of the English version is amended by striking out "specifiy" and substituting "specify ".

THE PROVINCIAL COURT ACT

C.C.S.M. c. C275 amended

7            Subsection 8(2) of The Provincial Court Act is amended

(a) by adding "the chairperson and" after "shall be composed of"; and

(b) in the English version, by striking out "advise the person" and substituting "advise the chairperson".

THE COURT OF QUEEN'S BENCH SMALL CLAIMS PRACTICES ACT

C.C.S.M. c. C285 amended

8(1)        The Court of Queen's Bench Small Claims Practices Act is amended by this section.

8(2)        The second provision numbered as subsection 3(2) (Prejudgment interest not included) is renumbered as subsection 3(3).

8(3)        Subsection 3(3) (Excluded proceedings) is renumbered as subsection 3(4).

THE DENTURISTS ACT

C.C.S.M. c. D35 amended

9           Clause 23 (r) of The Denturists Act is repealed.

THE DEPENDANTS RELIEF ACT

C.C.S.M. c. D37 amended

10          Clause 8(1)(f) of The Dependants Relief Act is amended by striking out "The Dower Act" and substituting "The Homesteads Act".

THE EDUCATION ADMINISTRATION ACT

C.C.S.M. c. E10 amended

11          The French version of subsection 4(1) of The Education Administration Act is amended by striking out everything preceding clause (b) and substituting the following:

Règlements

4(1)        Le ministre peut prendre des règlements et des arrêtés compatibles avec la présente loi et conformes à son esprit. Ces règlements et arrêtés ont force de loi. Il peut notamment, par règlement

(a) prescrire les fonctions des enseignants;

THE ELECTIONS ACT

C.C.S.M. c. E30 amended

12          The English version of The Elections Act is amended

(a) in subsection 3(1), by striking out "the lection" and substituting "the election";

(b) in the part of subsection 6(4) following clause (b), by striking out "assemly" and substituting "assembly";

(c) in the heading of subsection 36(4), by striking out "anumerator" and substituting "enumerator";

(d) in clause 46(2)(a), by striking out "divison" and substituting "division";

(e) in the heading of section 47, by striking out "subdivisons" and substituting "subdivisions";

(f) in subsection 71(1), by striking out "subdivison" and substituting "subdivision";

(g) in subsection 79(2), by striking out "foor" and substituting "floor";

(h) in the heading of subsection 87(2), by striking out "citenzenship" and substituting "citizenship";

(i) in subsection 88(1), by striking out "underestand" and substituting "understand";

(j) in the heading of subsection 115(3), by striking out "Dicarded" and substituting "Discarded";

(k) in section 137, by striking out "subpoened" wherever it occurs and substituting "subpoenaed";

(l) in clause 156(1)(a), by striking out "theron" and substituting "thereon"; and

(m) in subsection 162(2), by striking out "requirted" and substituting "required".

THE ENVIRONMENT ACT

C.C.S.M. c. E125 amended

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

13(2)       Subsection 1(2) is amended in the definition "fund" by striking out "Environmental Innovations Fund" and substituting "Sustainable Development Innovations Fund".

13(3)       Subsection 6(1) is amended by striking out "not more than 10 members" and substituting "a minimum of 10 members".

13(4)       Subsection 45.1(1) is repealed and the following is substituted:

Sustainable Development Innovations Fund

45.1(1)     The fund established by this Act under the name of the "Environmental Innovations Fund" is continued under the name of the "Sustainable Development Innovations Fund".

13(5)       The section heading of subsection 45.2(1) is repealed and "Application for environmental innovation grants" is substituted.

THE FAMILY MAINTENANCE ACT

C.C.S.M. c. F20 amended

14          Clause 27(d) of the English version of The Family Maintenance Act is amended by striking out ."the proceeding as commenced" and substituting "the proceeding was commenced".

THE FINANCIAL ADMINISTRATION ACT

C.C.S.M. c. F55 amended

15(1)       The Financial Administration Act is amended by this section.

15(2)       Subsection 25(1) is amended by adding ", or, without prejudicing the government's right to collect it in the future, authorize its write-off in whole or in part in the accounts of the government" at the end of the subsection.

15(3)       Subsection 25(2) is amended by striking out "the cancellation, discharge or release thereof unless it is approved by" and substituting "its cancellation, discharge, release or write-off under subsection (1) without the approval of".

15(4)       Section 79 is amended

(a) by adding "or a government agency" after "to the government"; and

(b) by adding "or the government agency" after "by the government".

THE GARNISHMENT AMENDMENT ACT

S.M. 1992, c. 6 amended

16          Section 4 of the English version of The Garnishment Amendment Act, S.M. 1992, c. 6, is amended by striking out "an employee" and substituting "any employee".

THE MANITOBA HAZARDOUS WASTE MANAGEMENT CORPORATION ACT

C.C.S.M. c. H15 amended

17          Subsection 8(3) of The Manitoba Hazardous Waste Management Corporation Act is amended by adding ", and each member shall continue to hold office after the expiry of his or her term until a successor is appointed" at the end of the subsection.

THE HEALTH SERVICES INSURANCE ACT

C.C.S.M. c. H35 amended

18          Subsection 132(1) of The Health Services Insurance Act is amended by striking out "Act" and substituting "section".

THE HOMESTEADS, MARITAL PROPERTY AMENDMENT AND CONSEQUENTIAL AMENDMENTS ACT

S.M. 1992,  c. 46 amended

19(1)       The Homesteads, Marital Property Amendment and Consequential Amendments Act is amended by this section.

19(2)       Section 1 is amended, in clause (b) of the definition "homestead", by repealing subclauses (i) and (ii) and substituting the following:

(i) if the land exceeds 320 acres in the same section, the 320 acres shall be comprised of the quarter section on which the residence is situated, together with such other lands in that section as the owner or the owner's personal representative shall designate,

(ii) if the land is in more than one section, river lot or parish lot, the homestead shall be comprised of the quarter section, river lot or parish lot on which the residence is situated, together with the other lands in that section or adjacent to or across a road or highway from the section, river lot or parish lot, but if the land so described exceeds 320 acres the owner or the owner's personal representative shall designate 320 acres of the land as the homestead including the quarter section, river lot or parish lot on which the residence is situated,

19(3)       The following is added after subsection 30(4):

Documents under former Act

30(5)       Any

(a) consent to a change of homestead, or election to change a homestead;

(b) release of rights in a homestead, or consent to the termination of such a release;

(c) power of attorney giving authority to deal with rights in a homestead;

(d) certificate of acknowledgment relating to a consent or release or a grant of a power of attorney;

(e) order of a court respecting rights in a homestead; or

(f) agreement to provide a release, consent or other document relating to a homestead;

made, executed or registered in accordance with the former Act before this Act comes into force is deemed to be effective for the purposes of this Act.

19(4)       Subsections 41(2) and (3) of The Marital Property Act, as enacted by section 51 of this Act, are repealed and the following is substituted:

Payment of deficit by beneficiaries

41(2)       An equalization payment under this Part shall be paid from the interests of the persons, other than the surviving spouse, who are beneficiaries of the estate, in proportion to the value of their respective interests in the estate, unless the will of the deceased spouse specifically provides for the manner in which the interests of the beneficiaries are to be used to satisfy an equalization payment, in which case the provisions of the will apply.

Payment of deficit from other assets

41(3)       Where the amounts payable under subsection (2) are not sufficient to satisfy the amount of an equalization payment under this Part, the deficit shall be paid by the persons entitled to the assets referred to in subsection 35(1), in proportion to and to the extent of the value of their respective interests in those assets less the value of any consideration provided by those persons respectively to or on behalf of the deceased spouse.

19(5)       Subsection 41(4) of The Marital Property Act, as enacted by section 51 of this Act, is amended by striking out "subsection (3)" and substituting "subsection (2) ".

19(6)       Section 61 of the English version is amended by striking out "section section" and substituting "section".

19(7)       Section 67 is amended by striking out "1987" and substituting "1988".

THE HOUSING AND RENEWAL CORPORATION ACT

C.C.S.M. c. H160 amended

20          Subsection 3(4) of The Housing and Renewal Corporation Act is repealed and the following is substituted:

Board members

3(4)        The persons appointed to the board under subsection (1) shall be from the members of

(a) the public service of Manitoba;

(b) a Crown corporation or Crown agency; or

(c) a housing authority or Rural and Northern Housing Authority incorporated under section 23;

who have senior officer or higher classification or the equivalent.

THE JUDGMENTS ACT

C.C.S.M. c. J10 amended

21          Section 1 of the English version of The Judgments Act is amended in the definition ""register" or "registered"" by striking out "used of" and substituting "used with respect to".

THE LAW ENFORCEMENT REVIEW ACT

C.C.S.M. c. L75 amended

22          Subsection 18(2) of the English version of The Law Enforcement Review Act is amended by striking out ", or would otherwise harm the interests of a third party,".

THE LEGISLATIVE ASSEMBLY ACT

C.C.S.M. c. L110 amended

23          The definitions "special session" and "special session indemnity" in section 69 of The Legislative Assembly Act are repealed.

THE LIMITATION OF ACTIONS ACT

C.C.S.M. c. L150 amended

24(1)       The Limitation of Actions Act is amended by this section.

24(2)       Section 4 is amended by striking out "Schedule A" and substituting "the Schedule".

24(3)       Schedule A is amended

(a) by striking out the title and substituting the following:

SCHEDULE (Section 4)

(b) by repealing item 2.

THE MARRIAGE ACT

C.C.S.M. c. M50 amended

25(1)       The Marriage Act is amended by this section.

25(2)       Clause 21(1)(b) is amended by striking out "affinity,".

25(3)       Subsection 24(1) is amended by striking out "affinity and".

25(4)       Subsection 24(2) is amended by striking out "affinity or".

25(5)       Section 28 is repealed.

THE MUNICIPAL BOARD ACT

C.C.S.M. c. M240 amended

26          Subsection 42(2) of The Municipal Board Act is repealed and the following is substituted:

Department to provide document without charge

42(2)       Subject to subsection (3), a department of the government shall provide to the board without charge any certificate or certified copy of a document that the board requests in writing.

Fee for service at land titles office

42(3)        Where a service is provided to the board at a land titles office, the board shall pay any fee prescribed for the service under clause 195(b) of The Real Property Act.

THE NATURAL PRODUCTS MARKETING ACT

C.C.S.M. c. N20 amended

27(1)       The Natural Products Marketing Act is amended by this section.

27(2)       Subsection 2(1) is renumbered as section 2.

27(3)       Section 3 of the English version is amended

(a) by repealing the section heading and substituting "Chairperson and vice-chairperson";

(b) by striking out "chairman" and substituting "chairperson"; and

(c) by striking out "vice-chairman" and substituting "vice-chairperson".

THE OZONE DEPLETING SUBSTANCES ACT

C.C.S.M. c. 080 amended

28          Subsection 3(2) of the French version of The Ozone Depleting Substances Act is amended

(a) in clause (e), by striking out "penta- fluoroéthane" and substituting "pentafluoroéthane"; and

(b) in clause (g), by striking out "bromochlorodifluorométhane" and substituting "bromotrifluorométhane".

THE PENSION BENEFITS ACT

C.C.S.M. c. P32 amended

29          Sections 39 and 40 of The Pension Benefits Act are repealed.

THE PERSONAL PROPERTY SECURITY ACT

C.C.S.M. c. P35 amended

30          Subsection 62(3) of the English version of The Personal Property Security Act is amended by striking out "section 5" and substituting "section 60".

THE PRESCRIPTION DRUGS COST ASSISTANCE ACT

C.C.S.M. c. P115 amended

31          Clause 9(1)(g) of The Prescription Drugs Cost Assistance Act is repealed and the following is substituted:

(g) prescribing the information to be provided by a person applying for benefits under this Act;

THE PUBLIC SCHOOLS ACT

C.C.S.M. c. P250 amended

32          The Public Schools Act is amended by adding the following after section 9.1:

Validation of Manitoba Regulation 109/93

9.2         The School Divisions and Districts Establishment Regulation, Manitoba Regulation 109/93, is validated and declared to have been lawfully made, and

(a) every award of the board of reference made after December 13, 1988 and before the coming into force of this section that would have been lawful had that portion of the award that is required to be registered as a regulation been registered under The Regulations Act as soon as the award had effect under subsection 9(7); and

(b) everything done pursuant to any award described in clause (a) that would have been lawfully done had that portion of the award required to be registered as a regulation been registered as described in clause (a);

is validated and declared to have been lawfully made or done.

THE PUBLIC TRUSTEE ACT

C.C.S.M. C. P275 amended

33          Subsection 11(7) of The Public Trustee Act is repealed and the following is substituted:

Allotting income

11(7)       The income earned by a common fund, after making allowances for any premiums or discounts and for any charges properly deducted under subsection (6), shall be calculated as interest earned on the minimum daily balances of money in each of the accounts that form the common fund and shall be credited to the respective estates and persons entitled to them at such times as the Public Trustee may determine but not less often than semi-annually.

THE PUBLIC WORKS ACT

C.C.S.M. c. P300 amended

34          The English version of the definition "work" in section 1 of The Public Works Act is amended by striking out "The Highways Department Act" and substituting "The Highways and Transportation Department Act".

THE REAL PROPERTY ACT

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

35(1)       The Real Property Act is amended by this section.

35(2)       Subsection 17(2) is repealed.

35(3)       Subsection 20(3) is amended

(a) in the English version by striking out "by him" wherever it occurs and substituting "by the district registrar"; and

(b) by adding ", or by the production by the district registrar of an extract of the information stored in the electronic data storage system of the land titles office relating to that title or document and certified by the district registrar to be a true and accurate extract of that information" at the end of the subsection.

35(4)       The following is added after subsection 60(2):

Record of Title and Status of Title

60(3)       A document entitled either "Record of Title" or "Status of Title" issued by a land titles office in a form prescribed by regulation and

(a) purporting to contain an extract of information stored in the electronic data storage system of the land titles office relating to a specified title; and

(b) certified by the district registrar of the land titles office, or by a staff member of the land titles office delegated under clause 22(1)(g) to certify copies, to contain a true and accurate extract of the information described in clause (a);

is admissible in evidence in any court as prima facie proof of the information of which it purports to be an extract.

THE REGISTRY ACT

C.C.S.M. c. R50 amended

36          Subsection 66(2) of The Registry Act is repealed.

THE RURAL DEVELOPMENT BONDS ACT

C.C.S.M. c. R175 amended

37          The following is added after subsection 1(2) of The Rural Development Bonds Act:

Financial institutions excluded

1(3)        For the purposes of this Act, a bank, trust company, loan company, credit union or caisse populaire purchasing a rural development bond is not an eligible bondholder with respect to that bond.

THE SECURITIES ACT

C.C.S.M. c. S50 amended

38          Subsection 136(1) of The Securities Act is amended in the part following clause (d) by striking out "except where the conduct also constitutes an offence under Part X, XI, or XII or section 111" and substituting "except where the conduct constitutes an offence under Part X or XII or section 111".

THE SEED AND FODDER RELIEF ACT

C.C.S.M. c. S80 amended

39(1)       The Seed and Fodder Relief Act is amended by this section.

39(2) Subsection 6(2) is amended by striking out "No" and substituting "Subject to subsection (3), no".

39(3)       The following is added after subsection 6(2):

Fee payable under Real Property Act

6(3)        A person who registers a document in a land titles office under this Act shall pay any fee prescribed under clause 195(b) of The Real Property Act for the registration.

THE SURFACE RIGHTS ACT

C.C.S.M. c. S235 amended

40          Sections 65 and 66 of The Surface Rights Act are repealed and the following is substituted:

Department to provide document without charge

65          Subject to section 66, a department of the government shall provide to the board without charge any certificate or certified copy of a document that the board requests in writing.

Fee for service at land titles office

66          Where a service is provided to the board at a land titles office, the board shall pay any fees prescribed for the service under clause 195(b) of The Real Property Act.

THE SURVEYS ACT

C.C.S.M. c. S240 amended

41          The definition "ministre" in section 13 of the French version of The Surveys Act is amended by striking out "dea" and substituting "de la".

THE TEACHERS' PENSIONS ACT

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

42          Subsection 42(3) of The Teachers' Pensions Act is amended by striking out "subsection 50(1)" and substituting "subsection 50(2) ".

THE WILDLIFE ACT

C.C.S.M. c. W130 amended

43          Subclause 90(a) (iii) of the English version of the Wildlife Act is amended by striking out "class or permit or licence" and substituting "class of permit or licence".

THE WORKERS COMPENSATION ACT

C.C.S.M. c. W200 amended

44(1)       The Workers Compensation Act is amended by this section.

44(2)       The French version of subsection 40(2) is amended by striking out "Le gain net moyen" and substituting "Le gain moyen".

44(3)       Clause 68(1)(b) is amended by striking out "average earnings" and substituting "net average earnings".

44(4)       Subsection 74(3) of the English version is amended by striking out "executive officer" and substituting "director".

PART 2

EXECUTIVE GOVERNMENT ORGANIZATION

THE ANIMAL HUSBANDRY ACT

C.C.S.M. c. A90 amended

45          Subsection 65(1) of The Animal Husbandry Act is amended by striking out "Attorney-General" and substituting "Minister of Justice".

THE APPRENTICESHIP AND TRADES QUALIFICATIONS ACT

C.C.S.M. c. A110 amended

46          Clause 3(2)(d) of The Apprenticeship and Trades Qualifications Act is amended by adding "and Training" after "Education".

THE ATTORNEY GENERAL'S ACT

C.C.S.M. c. A170 amended

47(1)       The Attorney General's Act is amended by this section.

47(2)       The title is repealed and the following is substituted:

"The Department of Justice Act".

47(3)       Sections 1 and 2 are repealed and the following is substituted:

Definitions

1           In this Act,

"department" means the Department of Justice; (« ministère »)

"minister" means the Minister of Justice. (« ministre »)

Department continued

1.2         The department of the Government of Manitoba known as the Department of Justice is continued, and the minister shall preside over the department.

Her Majesty's Attorney General

1.3         The Minister of Justice is ex officio Her Majesty's Attorney General for Manitoba and the Deputy Minister of Justice is ex officio the Deputy Attorney General.

Duties of minister

2           The minister

(a) is the official legal adviser of the Lieutenant Governor and the legal member of the Executive Council;

(b) shall see that the administration of public affairs is in accordance with law;

(c) shall superintend all matters connected with the administration of justice in the province that are not within the jurisdiction of the Government of Canada;

(d) shall advise on the legislative acts and proceedings of the Legislature, and generally advise the Crown on all matters of law referred to the minister by the Crown;

(e) shall advise the heads of the several departments of the government on all matters of law connected with those departments; and

(f) is charged, generally, with any duties that may be at any time assigned by law or by the Lieutenant Governor in Council to the minister.

Duties of Attorney General

2.1         The Attorney General

(a) is entrusted with the powers and charged with the duties that belong to the offices of the Attorney General and Solicitor General of England by law or usage, so far as those powers and duties are applicable to the province, and also with the powers and duties that, by the laws of Canada and of the province to be administered and carried into effect by the government of the province, belong to the office of the Attorney General and Solicitor General;

(b) shall regulate and conduct all litigation for or against the Crown or any department of the government in respect of any subjects within the authority or jurisdiction of the Legislature;

(c) is charged with the settlement of all instruments issued under the great seal; and

(d) is charged generally with any duties that may be assigned by law or by the Lieutenant Governor in Council to the Attorney General.

47(4)       Section 4 is amended by striking out "Attorney General" and substituting "minister"

(a) in clause (1)(a);

(b) in subsection (4); and

(c) wherever it occurs in subsection (6).

47(5)       Subsection 5(1) is amended by striking out "Attorney General" and substituting "minister".

47(6)       Section 6 is amended

(a) by striking out "Attorney General" wherever it occurs in subsection (1) and substituting "minister"; and

(b) by striking out "Attorney General" in subsection (3) and substituting "minister".

47(7)       Subsections 7(1) and (2) are amended by striking out "Attorney General" and substituting "minister".

47(8)       Subsections 10(1) and (2) are amended by striking out "Attorney General" and substituting "minister".

47(9)       Section 15 is amended by striking out "Deputy Attorney General" and substituting "deputy minister".

47(10)      The following is added after section 15:

C.C.S.M. reference

16          The Act shall no longer be referred to as chapter A170 of the Continuing Consolidation of the Statutes of Manitoba, but may be referred to as chapter J35 of the Continuing Consolidation of the Statutes of Manitoba.

THE BARBERS ACT

C.C.S.M. c. B10 amended

48(1)       The Barbers Act is amended by this section.

48(2)       Section 1 is amended by adding the following definition in alphabetical order:

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

48(3)       Subsection 3(2) is repealed.

48(4)       Section 5 is amended by striking out

(a) "Department of Labour" in the section heading and in the section and substituting "minister"; and

(b) "Minister of Labour" in the section and substituting "minister".

48(5)       Section 6 is amended, in the English version,

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

(b) by striking out "Minister of Labour" in the section and substituting "minister".

THE BLIND AND DEAF PERSON'S MAINTENANCE AND EDUCATION ACT

C.C.S.M. c. B60 amended

49          Section 1 of The Blind and Deaf Person's Maintenance and Education Act is amended by striking out "Minister of Education" and substituting "member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act".

THE INTERNATIONAL COMMERCIAL ARBITRATION ACT

C.C.S.M. c. C151 amended

50          Section 13 of The International Commercial Arbitration Act is amended by striking out "Attorney-General" and substituting "Minister of Justice".

THE PROVINCIAL COURT ACT

C.C.S.M. c. C275 amended

51          Clause 27(1)(b) of The Provincial Court Act is amended by striking out "Attorney-General" and substituting "minister".

THE COURT OF QUEEN'S BENCH ACT

C.C.S.M. c. C280 amended

52(1)       The Court of Queen's Bench Act is amended by this section.

52(2)       Section 9 is amended by striking out "Attorney General" and substituting "Minister of Justice" in subsection (2) and clause (3)(b).

52(3)       Subsection 17(1) is amended by striking out "Attorney-General and substituting "Minister of Justice".

52(4)       Section 19 is amended by striking out "Attorney General" in the section heading and in the section and substituting "Minister of Justice".

52(5)       Section 41 is amended by striking out

(a) "Attorney General" in the definition "family evaluator"; and

(b) "Attorney-General" in the definition "mediator";

and substituting "Minister of Justice".

52(6)       Subsections 72(1) and (2) are amended by striking out "Attorney General" and substituting "Minister of Justice".

52(7)       Clause 91(1)(c) is amended by striking out "Attorney General" and substituting "Minister of Justice".

52(8)       Section 92 is amended by striking out "Attorney-General" and substituting "Minister of Justice".

THE CRIMINAL INJURIES COMPENSATION ACT

C.C.S.M. c. C305 amended

53(1)       The Criminal Injuries Compensation Act is amended by this section.

53(2)       Subsection 1(1) is amended by adding the following definition in alphabetical order:

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

53(3)       Subsection 16(1) is amended by striking out "Attorney-General" in the section heading and in the subsection and substituting "minister".

53 (4) Subsection 17(2) is amended by striking out "Attorney-General" where it occurs for the first and second times and substituting "minister".

53(5)       Subsection 20(1) is amended by striking out "Attorney-General" and substituting "minister".

THE CROWN ATTORNEYS ACT

C.C.S.M. c. C330 amended

54          Subsection 5(2) of The Crown Attorneys Act is amended

(a) in the section heading, by striking out "Attorney-General's" and substituting "Department of Justice"; and

(b) in the subsection, by striking out "Department of the Attorney-General" and substituting "Department of Justice".

THE CHILD CUSTODY ENFORCEMENT ACT

C.C.S.M. c. C360 amended

55(1)       The Child Custody Enforcement Act is amended by this section.

55(2)       Subsection 11(1) is amended by striking out "Attorney-General" where it occurs for the first time and substituting "Minister of Justice".

55(3)       Section 12 is amended by striking out "Attorney-General" and substituting "Minister of Justice"

(a) wherever it occurs in subsection (1); and

(b) in subsection (2).

55(4)       Subsection 17(3) is amended by striking out "the Attorney-General" and substituting "Justice".

THE DANGEROUS GOODS HANDLING AND TRANSPORTATION ACT

C.C.S.M. c. D12 amended

56          The definition "department" in section 1 of The Dangerous Goods Handling and Transportation Act is amended by striking out "the Environment and Workplace Safety and Health" and substituting "Environment".

THE REGISTERED DIETITIANS ACT

C.C.S.M. c. D75 amended

57          Clause 45(2)(d) of The Registered Dietitians Act is amended by adding "and Training" after "Education".

THE DYKING AUTHORITY ACT

C.C.S.M. c. D110 amended

58          Clause 10(b) of The Dyking Authority Act is amended by striking out "Minister of Municipal Affairs" and substituting "Minister of Rural Development".

THE EDUCATION ADMINISTRATION ACT

C.C.S.M. c. E10 amended

59          Clause 11(1)(a) of The Education Administration Act is amended by adding "and Training" after "Education".

THE ELECTIONS ACT

C.C.S.M. c. E30 amended

60          Subsection 6(4) of The Elections Act is amended by striking out "Attorney-General" and substituting "Minister of Justice".

THE ENVIRONMENT ACT

C.C.S.M. c. E125 amended

61          The definition "department" in subsection 1(2) of The Environment Act is amended by striking out "department of Environment and Workplace Safety and Health" and substituting "Department of Environment".

THE ESCHEATS ACT

C.C.S.M. c. E140 amended

62          Section 1 of The Escheats Act is amended

(a) in the section heading, by striking out "Atty.-Gen." and substituting "Minister of Justice"; and

(b) in the section, by striking out "Attorney-General" and substituting "Minister of Justice".

THE MANITOBA EVIDENCE ACT

C.C.S.M. c. E150 amended

63(1)       The Manitoba Evidence Act is amended by this section.

63(2)       Section 27 is amended by striking out "Attorney-General" and substituting "Minister of Justice"

(a) in clause (1)(b);

(b) in clause (1)(c);

(c) in the section heading of subsection (2); and

(d) in subsection (2).

63(3)       Section 28 is amended

(a) by striking out "by A.G." in the section heading of subsection (2); and

(b) by striking out "Attorney-General" and substituting "Minister of Justice" in subsection (2) and clause (3)(c).

THE EXPROPRIATION ACT

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

64           Schedule A to The Expropriation Act is amended by striking out "Attorney-General" and substituting "Minister of Justice"

(a) in section 3;

(b) in clause 4(1)(b);

(c) in subsections 4(2), 4(3) and 5(2); and

(d) in section 7.

THE FAMILY MAINTENANCE ACT

C.C.S.M. c. F20 amended

65          The definition "designated officer" in section 52 of The Family Maintenance Act is amended by striking out "Attorney-General" and substituting "Minister of Justice".

THE HAIRDRESSERS ACT

C.C.S.M. c. H10 amended

66(1)       The Hairdressers Act is amended by this section.

66(2)       Section 1 is amended by adding the following definition in alphabetical order:

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

66(3)       Section 5 is repealed.

66(4)       Section 7 is amended by striking out "Minister of Labour" and substituting "minister".

66(5)       Section 8 of the English version is amended

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

(b) by striking out "Minister of Labour" in the section and substituting "minister".

66(6)       Section 10 is amended by striking out "inspector of the Department of Labour" and substituting "inspector employed under the minister".

66(7)       Section 12 is repealed.

THE HIGHWAYS PROTECTION ACT

C.C.S.M. c. HSO amended

67          The Highways Protection Act is amended by striking out "Municipal Affairs" and substituting "Rural Development"

(a) wherever it occurs in subclause 6(3)(a)(v);

(b) in subclause 6(3)(b)(i);

(c) wherever it occurs in subclause 15(3)(a)(v); and

(d) in subclause 15(3)(b)(i).

THE HIGHWAY TRAFFIC ACT

C.C.S.M. c. H60 amended

68(1)       The Highway Traffic Act is amended by this section.

68(2)       Subsection 1(1) is amended by striking out "Municipal Affairs" in clause (b) of the definition "traffic authority" and substituting "Rural Development".

68(3)       Subsection 105(2) is amended by striking out "Municipal Affairs" and substituting "Rural Development".

68(4)       In the following provisions, "Attorney-General" is struck out and "Minister of Justice" is substituted:

(a) clause 158(4)(b);

(b) the part of subsection 255(1) following clause (c);

(c) subsection 255(3);

(d) subsection 255(4); and

(e) section 257.

THE INTERPRETATION ACT

C.C.S.M. c. 180 amended

69          The definition "Municipal Commissioner" in subsection 22(1) of The Interpretation Act is amended by striking out "Municipal Affairs" and substituting "Rural Development".

THE JURY ACT

C.C.S.M. c. J30 amended

70(1)       The Jury Act is amended by this section.

70(2)       Clause 3(h) is amended by striking out "the Attorney-General" and substituting "Justice".

70(3) Subsection 14(1) is amended by striking out "Attorney-General" and substituting "Minister of Justice".

THE LAW SOCIETY ACT'

C.C.S.M. c. L100 amended

71(1)       The Law Society Act is amended by this section.

71(2)       In the following provisions, "Attorney-General" is struck out and "Minister of Justice and Attorney General" is substituted:

(a) clause 9(b); and

(b) subclause 10(1)(c)(ii).

71(3)       In the following provisions, "Attorney-General" is struck out and "Minister of Justice" is substituted:

(a) subsection 37(4);

(b) clause 66(a);

(c) section 71;

(d) section 72; and

(e) subsections 76(1) and (2).

THE LEGAL AID SERVICES SOCIETY OF MANITOBA ACT

C.C.S.M. c. L105 amended

72          The Legal Aid Services Society of Manitoba Act is amended by striking out "Attorney-General" and substituting "Minister of Justice"

(a) in subsection 5(2);

(b) in subsections 23(1) and (2);

(c) in subsection 25(2);

(d) in section 27;

(e) in subsection 28(1), in the section heading and wherever it occurs in the subsection; and

(f) in subsection 28(2).

THE LEGISLATIVE LIBRARY ACT

C.C.S.M. c. L120 amended

73           Clause 11(1)(a) of The Legislative Library Act is amended by striking out "Attorney-General" and substituting "Minister of Justice".

THE LIQUOR CONTROL ACT

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

74          Subsection 136(2) of The Liquor Control Act is amended by striking out "Attorney-General" and substituting "Minister of Justice".

THE RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS ACT

C.C.S.M. c. M20 amended

75(1)       The Reciprocal Enforcement of Maintenance Orders Act is amended by this section.

75(2)       Section 1 is amended

(a) by repealing the definition "Attorney-General"; and

(b) by adding the following definition in alphabetical order:

"minister" means the Minister of Justice and includes a person authorized in writing by the Minister of Justice to act for him or her in the performance of a power or duty under this Act; (« ministre »)

75(3)       The Act is further amended by striking out "Attorney-General" and substituting "minister"

(a) wherever it occurs in subsection 2(1);

(b) in subsection 2(3);

(c) in subsections 3(3) and (5);

(d) wherever it occurs in subsection 5(1);

(e) in subsection 5(3), in the section heading and in the subsection;

(f) wherever it occurs in subsection 5(8);

(g) in clause 6(3)(c) and subsection 6(5);

(h) in clause 7(6)(c);

(i) in subsections 11(1), in the section heading and in the subsection;

(j) in subsection 11(2);

(k) wherever it occurs in subsection 11(3); (1) in subsection 12(1);

(m) in subsections 14(1) and (2);

(n) in section 16; and

(o) wherever it occurs in section 17.

THE MUNICIPAL ACT

C.C.S.M. c. M225 amended

76(1)       The Municipal Act is amended by this section.

76(2)       Subsection 602(1) is amended by striking out "Municipal Affairs" and substituting "Rural Development".

76(3)       Section 759 is amended by striking out "Municipal Affairs" and substituting "Rural Development"

(a) wherever it occurs in subsection (1); and

(b) in subsections (3), (4) and (6).

76(4)       Section 760 is amended by striking out "Municipal Affairs" and substituting "Rural Development" in clauses (d) and (e).

76(5)       Schedule 1 is amended

(a) in Form 1, by striking out "Municipal Affairs" and substituting "Rural Development"; and

(b) in Form 7,

(i) by striking out "MUNICIPAL AFFAIRS" and substituting "RURAL DEVELOPMENT", and

(ii) by striking out "Municipal Affairs" wherever it occurs and substituting "Rural Development".

THE MUNICIPAL AFFAIRS ADMINISTRATION ACT

C.C.S.M. c. M230 amended

77          Section 7 of The Municipal Affairs Administration Act is amended

(a) in the section heading, by striking out "Minister of Municipal Affairs" and substituting "ministers"; and

(b) in the section, by adding "the Minister of Rural Development" after "Minister of Municipal Affairs,".

THE MUNICIPAL BOARD ACT

C.C.S.M. c. M240 amended

78(1)       The Municipal Board Act is amended by this section.

78(2)        Sections 34 and 35 are amended by striking out "Attorney-General" and substituting "Minister of Justice".

78(3)       Clause 71(1)(a) is amended by adding "and Training" after "Education".

AN ACT RESPECTING DEBTS OWING BY MUNICIPALITIES TO SCHOOL DISTRICTS

C.C.S.M. c. M260 amended

79(1)       An Act respecting Debts Owing by Municipalities to School Districts is amended by this section.

79(2)       The definition "minister" in section 1 is amended by striking out "Municipal Affairs" and substituting "Rural Development".

79(3)       Sections 2, 3 and 4 are amended by adding "and Training" after "Education".

THE NOXIOUS WEEDS ACT

C.C.S.M. c. N110 amended

80          Section 15 of The Noxious Weeds Act is amended by striking out "Minister of Municipal Affairs" and substituting "Minister of Rural Development".

THE OCCUPATIONAL THERAPISTS ACT

C.C.S.M. c. 05 amended

81          Clause 49(2)(b) of The Occupational Therapists Act is amended by striking out "minister of Education" and substituting "Minister of Education and Training".

THE OFF-ROAD VEHICLES ACT

C.C.S.M. c. O31 amended

82          The definition "traffic authority" in subsection 1(1) of The Off-Road Vehicles Act is amended in clause (b) by striking out "Municipal Affairs" and substituting "Rural Development".

THE OMBUDSMAN ACT

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

83          Subsection 19(1) and section 31 of The Ombudsman Act are amended by striking out "Attorney-General" and substituting "Minister of Justice".

THE PAYMENT OF WAGES ACT

C.C.S.M. c. P31 amended

84          Section 20 of The Payment of Wages Act is amended by striking out "Attorney-General" and substituting "Minister of Justice".

THE PHYSIOTHERAPISTS ACT

C.C.S.M. c. P65 amended

85          Clause 50(2)(b) of The Physiotherapists Act is amended by adding "and Training" after "Education".

THE PLANNING ACT

C.C.S.M. c. P80 amended

86          The definition "council" in section 1 of The Planning Act is amended by striking out "Municipal Affairs" in clause (c) and substituting "Rural Development".

THE LICENSED PRACTICAL NURSES ACT

C.C.S.M. c. P100 amended

87          Clause 47(2)(c) of The Licensed Practical Nurses Act is amended by adding "and Training" after "Education".

THE PROVINCIAL AUDITOR'S ACT

C.C.S.M. c. P145 amended

88          Subsection 11(2) of The Provincial Auditor's Act is amended by striking out "Attorney-General" and substituting "Minister of Justice" in the section heading and in the subsection.

THE REGISTERED PSYCHIATRIC NURSES ACT

C.C.S.M. c. P170 amended

89          Clause 48(2)(b) of The Registered Psychiatric Nurses Act is amended by adding "and Training" after "Education".

THE PUBLIC HEALTH ACT

C.C.S.M. c. P210 amended

90          Clause 24(2)(c) of The Public Health Act is amended by striking out "Attorney-General" and substituting "Minister of Justice".

THE PUBLIC SCHOOLS ACT

C.C.S.M. c. P250 amended

91(1)       The Public Schools Act is amended by this section.

91(2)        Clause 151(a) and section 169 are amended by adding "and Training" after "Education".

91(3)       Schedules A, B and C are amended by adding "AND TRAINING" after 'EDUCATION".

91(4)       Section 4 of Form 2 of Schedule D is amended by adding "and Training" after "Education".

THE PUBLIC TRUSTEE ACT

C.C.S.M. c. P275 amended

92          Section 19 of The Public Trustee Act is amended by striking out "Attorney-General" wherever it occurs and substituting "Minister of Justice".

THE PUBLIC UTILITIES BOARD ACT

C.C.S.M. c. P280 amended

93          The Public Utilities Board Act is amended by striking out "Attorney-General" and substituting "Minister of Justice"

(a) in section 33;

(b) in section 34;

(c) in subsection 98(1), in the section heading and in the subsection; and

(d) in subsection 98(2).

THE REAL PROPERTY ACT

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

94(1)       The Real Property Act is amended by this section.

94(2)       Section 1 is amended by adding the following definition in alphabetical order:

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (< ministre »)

94(3)       Subsection 13(3) is amended by striking out "Attorney-General" and substituting "minister".

94(4)       Clause 75(4)(b) is amended by striking out "the Attorney General" and substituting "Justice".

94(5)       The following provisions are amended by striking out "Attorney-General" and substituting "minister":

(a) subsection 173(1);

(b) section 186; and

(c) section 191.

THE REGISTERED NURSES ACT

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

95          Clause 47(2)(b) of The Registered Nurses Act is amended by adding "and Training" after "Education".

THE REGISTRY ACT

C.C.S.M. c. R50 amended

96          The Registry Act is amended by striking out "Attorney-General" wherever it occurs in sections 9, 10 and 14 and substituting "Minister of Justice".

THE REGULATIONS ACT

C.C.S.M. c. R60 amended

97          Subsections 14(1) and (3) of The Regulations Act are amended by striking out "Attorney-General" and substituting "minister".

THE REVENUE ACT

C.C.S.M. c. R150 amended

98          The definition "minister" in subsection 33(1) of The Revenue Act is amended by striking out "Attorney-General" and substituting "Minister of Justice".

THE SOLDIERS' TAXATION RELIEF ACT

C.C.S.M. c. 5180 amended

99          The Soldiers' Taxation Relief Act is amended by striking out "Municipal Affairs" and substituting "Rural Development"

(a) in the definition "taxes" in section 1;

(b) in subsection 4(1);

(c) in subsection 5(1);

(d) in section 7;

(e) in section 8; and

(f) in subsections 9(1) and (3).

THE SPECIAL SURVEY ACT

C.C.S.M. c. S190 amended

100(1)      The Special Survey Act is amended by this section.

100(2)      The following provisions are amended by striking out "Attorney-General" wherever it occurs and substituting "Minister of Justice":

(a) section 1;

(b) section 3 ;

(c) section 4;

(d) section 5 ;

(e) section 6, in the section heading and in the section;

(f) section 7;

(g) section 9.

100(3)      Subsections 19(2), (3) and (4) are amended by striking out "Municipal Affairs" and substituting "Rural Development".

THE SUMMARY CONVICTIONS ACT

C.C.S.M. c. S230 amended

101         Subsection 10(3) of The Summary Convictions Act is amended by striking out "Attorney-General" and substituting "Minister of Justice".

THE SURVEYS ACT

C.C.S.M. c. S240 amended

102         Section 6 of The Surveys Act is amended by striking out "Municipal Affairs" and substituting "Rural Development".

THE TEACHERS' SOCIETY ACT

C.C.S.M. c. T30 amended

103         Section 1 of The Teachers' Society Act is amended by adding "and Training" after "Education"

(a) in the definition "department"; and

(b) in the definition "minister".

THE TRUSTEE ACT

C.C.S.M. c. T160 amended

104         Subsection 24(2) of The Trustee Act is amended by striking out "Attorney-General" and substituting "Minister of Justice".

THE UNCONDITIONAL GRANTS ACT

C.C.S.M. c. U10 amended

105         The Unconditional Grants Act is amended by striking out "Municipal Affairs" and substituting "Rural Development"

(a) in subsections 3(2), (3) and (4);

(b) wherever it occurs in subsection 3(5); and

(c) in clause 8(a).

THE UNIFORM LAW CONFERENCE COMMISSIONERS ACT

C.C.S.M. c. U30 amended

106         Subsection 4(1) of The Uniform Law Conference Commissioners Act is amended by striking out "Attorney-General" and substituting "Minister of Justice".

THE UNIVERSITIES GRANTS COMMISSION ACT

C.C.S.M. c. U50 amended

107         Subsection 9(2) of The Universities Grants Commission Act is amended by adding "and Training" after "Education".

THE WATER RESOURCES ADMINISTRATION ACT

C.C.S.M. c. W70 amended

108         Clause 7(f) of The Water Resources Administration Act is amended by striking out "Minister of Municipal Affairs" and substituting "Minister of Rural Development".

THE WILLS ACT

R.S.M. 1988, c. W150 amended

109         Sections 53, 54 and 55 of The Wills Act as enacted by R.S.M. 1988, c. W150 are amended by striking out "Attorney-General" and substituting "Minister of Justice".

PART 3

COMING INTO FORCE

Coming into force

110(1)       Subject to subsections (2), (3), (4), (5), (6), (7), (8) and (9), this Act comes into force on the day it receives royal assent.

Coming into force: sections 8 and 44

110(2)      Sections 8 and 44 are retroactive and are deemed to have come into force on January 1, 1992.

Coming into force: sections 10 and 19

110(3)      Sections 10 and 19 come into force on the day that the provisions amended thereby are proclaimed to come into force.

Coming into force: sections 11, 30 and 41

110(4)      Sections 11, 30 and 41 are retroactive and are deemed to have come into force on February 1, 1988.

Coming into force: sections 16, 22 and 29

110(5)      Sections 16, 22 and 29 are retroactive and are deemed to have come into force on June 24, 1992.

Coming into force: section 18

110(6)      Section 18 is retroactive and is deemed to have come into force on March 31, 1993

Coming into force: sections 26, 35(2), 36, 39 and 40

110(7)      Sections 26, 36, 39 and 40 and subsection 35(2) are retroactive and are deemed to have come into force on April 1, 1993.

Coming into force: section 28

110(8)      Section 28 is retroactive and is deemed to have come into force on July 1, 1992.

Coming into force: subsection 35(4)

110(9)      Subsection 35(4) comes into force on a day fixed by proclamation.