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The Statute Law Amendment Act, 1995

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S.M. 1995, c. 33

The Statute Law Amendment Act, 1995

(Assented to November 3, 1995)

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

THE AGRICULTURAL PRODUCERS' ORGANIZATION FUNDING ACT

C.C.S.M. c. A18 amended

1(1)        The Agricultural Producers' Organization Funding Act is amended by this section.

1(2)        Section 2 of the French version is amended by striking out "droits" and substituting "cotisations".

1(3)        Clause 14(b) of the French version is amended by striking out "de droits d'adhésion annuels" and substituting "des cotisations annuelles".

1(4)        Clauses 20(3)(a) and 22(2)(a) of the French version are amended by striking out "droits d'adhésion annuels" and substituting "cotisations annuelles".

1(5)        Clause 31(1)(b) of the French version is amended by striking out "de droits d'adhésion" and substituting "des cotisations".

1(6)        Clause 31(2)(g) of the French version is amended by striking out "droits" and substituting "cotisations".

1(7)        Subsection 34(1) of the French version is amended

(a) in clauses (c), (d), (e) and (f), by striking out "droits" and substituting "cotisations"; and

(b) in clause (i) by striking out "droits versés à un organisme soient utilisés" and substituting "cotisations versées à un organisme soient utilisées".

1(8)        Clause 34(4)(c) of the French version is amended by striking out "droits" and substituting "cotisations".

1(9)        Subsection 37(2) of the French version is amended by striking out "des droits devaient être payés une somme égale aux droits" and substituting "des cotisations devaient être payées une somme égale aux cotisations".

THE CANCER TREATMENT AND RESEARCH FOUNDATION ACT

C.C.S.M. c. C20 amended

2           Subsection 5(1) of the French version of  The Cancer Treatment and Research Foundation Act is amended by renumbering it as section 5.

THE CONDOMINIUM ACT

C.C.S.M. c. C170 amended

3           Subsection 5(7) of The Condominium Act is amended by striking out "subsection (4)" and substituting "subsection (6)".

THE CORPORATIONS ACT

C.C.S.M. c. C225 amended

4           Clause 328(2)(b) of The Corporations Act is amended by striking out "Canadian and British Insurance Companies Act (Canada) or the Foreign Insurance Companies Act (Canada)" and substituting "Insurance Companies Act (Canada)".

THE CROWN CORPORATIONS PUBLIC REVIEW AND ACCOUNTABILITY ACT

C.C.S.M. c. C336 amended

5(1)        The Crown Corporations Public Review and Accountability Act is amended by this section.

5(2)        Subsection 2(1) is amended by striking out ", the Manitoba Public Insurance Corporation and The Manitoba Telephone System" and substituting "and The Manitoba Public Insurance Corporation".

5(3)        Subsection 2(2) is amended by adding "and The Manitoba Telephone System" at the end.

5(4)        Subsection 26(1) is amended

(a) in the section heading of the English version, by striking out "MTS, Hydro," and substituting "Hydro and"; and

(b) in the subsection, by striking out "The Manitoba Telephone System,".

5(5)        Clause 26(2)(a) is repealed.

5(6)        The Schedule is repealed and the following is substituted:

SCHEDULE

Communities Economic Development Fund

Manitoba Development Corporation

Manitoba Hazardous Waste Management

Corporation

Manitoba Mineral Resources Ltd.

Venture Manitoba Tours Ltd.

THE DEVELOPMENT CORPORATION ACT

C.C.S.M. c. D60 amended

6(1)        The Development Corporation Act is amended by this section.

6(2)        The definition "chairman" in the English version of section 1 is repealed and the following is substituted:

"chairperson" means the chairperson of the corporation appointed pursuant to subsection 13(1); (« président »)

6(3)        Subsection 8(1) of the English version is amended by adding "or her" after "him".

6(4)        Subsection 12(3) of the English version is amended

(a) by adding "or she" after "he";

(b) by striking out "his appointment" and substituting "appointment"; and

(c) by striking out "his successor" and substituting "his or her successor".

6(5)        Subsection 12(4) is amended

(a) in the English version, by adding "or her" after "his" wherever it occurs;

(b) by striking out "he sooner" and substituting "the person"; and

(c) in the English version, by striking out "he is appointed" and substituting "he or she is appointed".

6(6)        Subsection 13(3) of the English version is amended

(a) in the section heading by striking out "Chairman" and substituting "Chairperson"; and

(b) in the subsection by striking out "chairman" and substituting "chairperson".

6(7)        Subsection 14(3) of the English version is amended by adding "or she" after "he".

6(8)        Subsection 14(5) of the English version is amended by striking out "he" and substituting "the director".

6(9)        Subsection 14(6) of the English version is amended

(a) by adding "or she" after "he" wherever it occurs;

(b) by adding "or herself" after "himself"; and

(c) by adding "or her" after "his".

6(10)       Subsection 14(8) of the English version is amended

(a) by adding "or her" after "him";

(b) by striking out "his having" and substituting "the director's having";

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

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

6(11)       Subsection 15(5) of the English version is amended

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

(b) by striking out "he" and substituting "the chairperson".

6(12)       Subsection 15(6) of the English version is amended

(a) in the section heading by striking out "Chairman" and substituting "Chairperson"; and

(b) in the subsection by striking out "chairman" wherever it occurs and substituting "chairperson".

6(13)       Subsections 16(1) and (2) of the English version are amended

(a) by striking out "chairman" in the section headings and in the subsections and substituting "chairperson"; and

(b) by striking out "he" and substituting "the chairperson".

6(14)       Subsection 17(3) of the English version is amended by striking out "him" and substituting "the minister".

6(15)       Subsection 17(6) of the English version is amended

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

(b) by striking out "his term" and substituting "the director's term"; and

(c) by striking out "his ceasing" and substituting "his or her ceasing".

6(16)       Subsection 17(7) of the English version is amended

(a) by adding "or her" after "his"; and

(b) by striking out "him" and substituting "the person".

6(17)       Subsection 21(5) of the English version is amended by striking out "chairman" in the section heading and in the subsection and substituting "chairperson".

6(18)       Subsections 28(5) and 29(1) of the English version are amended by striking out "chairman" and substituting "chairperson".

6(19)       Subsection 29(2) of the English version is amended

(a) by striking out "he" wherever it occurs and substituting "the Lieutenant Governor in Council"; and

(b) by striking out "him" and substituting "the Lieutenant Governor in Council".

6(20)       Subsection 29(3) of the English version is amended

(a) by striking out "he deems" and substituting "he or she deems";

(b) by striking out "he has received" and substituting "the minister has received"; and

(c) by striking out "who believes he" and substituting "who believes that he or she".

6(21)       Subsection 29(4) of the English version is amended

(a) by striking out "he" and substituting "the member"; and

(b) by adding "or her" after "his".

6(22)       Subclause 31(1)(a)(i) of the English version is amended by adding "or her" after "his".

6(23)       Subsection 31(3) of the English version is amended by striking out "chairman" in the section heading and in the subsection and substituting "chairperson".

6(24)       Section 35 of the English version is amended

(a) in clause (b), by adding "or her" after "his"; and

(b) in the part of the section following clause (c), by striking out "his personal" and substituting "his or her personal".

6(25)       Subsection 39(1) of the English version is amended

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

(b) by adding "or her" after "him".

6(26)       Subsection 39(2) of the English version is amended

(a) by adding "or her" after "him"; and

(b) by adding "or her" after "his".

6(27)       Section 44 of the English version is amended by striking out "chairman" and substituting "chairperson".

6(28)       Section 45 of the English version is amended by striking out "his" and substituting "a member's".

THE ENVIRONMENT ACT

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

7           Subsection 41(8) of The Environment Act is amended by renumbering it as subsection 41(7).

THE FAMILY FARM PROTECTION ACT

C.C.S.M. c. F15 amended

8           Subsection 8(2) of The Family Farm Protection Act is amended

(a) in subclauses (b)(i) and (c)(i), by striking out "section 126" and substituting "section 135";

(b) in subclause (b)(ii), by striking out "section 129" and substituting "section 138"; and

(c) in subclause (c)(ii), by striking out "section 130" and substituting "section 139".

THE HIGHWAYS AND TRANSPORTATION DEPARTMENT ACT

C.C.S.M. c. H40 amended

9(1)        The Highways and Transportation Department Act is amended by this section.

9(2)        Subsection 22(3) is amended by adding "in an amount that is more than $50,000." after "contract".

9(3)        Section 23 is amended by renumbering it as subsection 23(1) and by adding the following as subsection 23(2):

Minimum interest payable

23(2)       If the amount of interest calculated under subsection (1) is less than $20., no interest is payable under that subsection.

THE HIGHWAY TRAFFIC ACT

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

10(1)       The Highway Traffic Act is amended by this section.

10(2)       Subsection 1(3) of the French version is amended by striking out "de la présente loi" and substituting "du présent code".

10(3)       The following provisions of the French version are amended by striking out "la présente loi" and substituting "le présent code":

(a) subsection 4.2(6); and

(b) clauses 4.2(8)(c) and 4.2(10)(a).

10(4)       Clause 4.3(2)(b) of the French version is amended by striking out "exigées" and substituting "exigés".

10(5)       Subsection 4.3(4) of the English version is amended in the part preceding clause (a) by striking out "subsections (3)" and substituting "subsection (3)".

10(6)       The section headings for subsection 4.21(1), and section 4.22 of the English version, are amended by striking out "certificate" and substituting "card".

10(7)       Clauses 171(2)(c), (d) and (e) of the French version are repealed and the following is substituted:

c) d'enlever une plaque d'immatriculation ou une vignette de validation de la plaque d'immatriculation d'un véhicule automobile ou d'une remorque, sauf si le propriétaire y consent, que le registraire l'autorise ou que le présent code ou les règlements le prévoient;

d) d'apposer ou de permettre que soit apposée sur un véhicule automobile ou une remorque une plaque d'immatriculation qui ne peut être utilisée pour le véhicule en question, sauf si le présent code ou les règlements le prévoient;

e) d'utiliser ou de permettre que soit utilisé un véhicule automobile ou une remorque sur lequel est apposée une plaque d'immatriculation qui ne peut être utilisée pour le véhicule en question, sauf si le présent code ou les règlements le prévoient;

10(8)       Item (2) of subsection 248(1) of the English version is amended by striking out "certificate" and substituting "card".

THE HIGHWAY TRAFFIC AMENDMENT AND CONSEQUENTIAL AMENDMENTS ACT

S.M. 1994, c. 4 amended

11(1)       The Highway Traffic Amendment and Consequential Amendments Act is amended by this section.

11(2)       Section 3 is amended by striking out "section 5.19" and substituting "subsection 5(19)".

11(3)       Clause 4.12(4)(a) of the French version as enacted by section 3 is amended by striking out "prescrit" and substituting "prescrits".

11(4)       Subsection 20(1) of the French version as enacted by subsection 5(1) is amended

(a) in clause (a), by striking out "pouvait être utilisé sur la route" and substituting "était en bon état de marche"; and

(b) in clause (b), by striking out "ne pouvait être utilisé sur la route" and substituting "n'était pas en bon état de marche".

THE INTERPRETATION ACT

C.C.S.M. c. I80 amended

12          Subsection 19(2) of The Interpretation Act is repealed and the following is substituted:

Extension of time for filing, etc.

19(2)       Where, under any Act, regulation or other authority, the time limited for registering or filing any instrument or for doing anything else, expires or falls on a day on which the office or place in which the instrument or thing is required or authorized to be registered, filed or done, is closed during its regular hours of business, the time so limited extends to, and the instrument or thing may be registered, filed or done on, the next following day on which the office or place is open.

THE DEPARTMENT OF JUSTICE ACT

C.C.S.M. c. J35 amended

13          Sections 1.2 and 1.3 of The Department of Justice Act are renumbered as sections 1.1 and 1.2.

THE RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS ACT

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

14          Subsection 9(2) of the English version of The Reciprocal Enforcement of Maintenance Orders Act is amended by striking out "require" and substituting "require to".

THE MINING CLAIM TAX ACT

C.C.S.M. c. M165 amended

15(1)       The Mining Claim Tax Act is amended by this section.

15(2)       Section 1 is amended by adding ", and payable on or before December 31 in each year" after "in and for each year".

15(3)       Section 3 is amended

(a) by striking out "the minister" and substituting "the Minister of Energy and Mines"; and

(b) in the English version by striking out "the Her Majesty" and substituting "Her Majesty".

15(4)       Section 4 is amended by striking out "Minister of Finance" and substituting "Minister of Energy and Mines".

THE OIL AND GAS ACT

C.C.S.M. c. O34 amended

16(1)       The Oil and Gas Act is amended by this section.

16(2)       Section 124 of the English version is amended by striking out "direction" and substituting "director".

16(3)       Subsection 217(2) of the English version is amended by striking out "so adopted".

THE OIL AND GAS AND CONSEQUENTIAL AMENDMENTS ACT

S.M. 1993, c. 4 amended

17(1)       The Oil and Gas and Consequential Amendments Act is amended by this section.

17(2)       Section 226 of the French version is amended in the part preceding clause (a) by striking out "minéraux" and substituting "mineral";

17(3)       Section 233 of the French version is amended

(a) by striking out "gax" and substituting "gaz"; and

(b) by striking out "est modifié" and substituting "sont modifiées".

17(4)       Subsection 235(2) is repealed and the following is substituted:

235(2)      The definition "public utility" in section 1 is amended by striking out "public utility under subsection 2(4) and any" and substituting "public utility under clause 2(4)(a), a pipeline declared to be a public utility under clause 2(4)(b), and a".

THE PLANNING ACT

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

18(1)       The Planning Act is amended by this section.

18(2)       Subsection 60(2) is amended by striking out "subsection 137(2)" and substituting "subsection 148(2)".

18(3)       Subsection 60(11) is amended by striking out "section 121 of The Real Property Act after November 1, 1986" and substituting "section 127 of The Real Property Act".

18(4)       Subsection 76(2) is amended by striking out "clause 112(3)(g)" and substituting "clause 117(6)(g)".

THE PROCEEDINGS AGAINST THE CROWN ACT

C.C.S.M. c. P140 amended

19          Subsection 2(3) of The Proceedings Against the Crown Act is amended by adding "or an officer or agent of the Crown" after "Crown" wherever it occurs.

THE NON-SMOKERS HEALTH PROTECTION ACT

C.C.S.M. c. S125 amended

20          Subsection 3(1) of The Non-Smokers Health Protection Act is repealed and the following is substituted:

Designated smoking areas

3(1)        Subject to subsection (2), section 4 and the regulations, a proprietor may designate a smoking area within an enclosed public place of which he or she is the owner or in which he or she carries on or manages activities.

Drifting smoke

3(1.1)       A proprietor who designates a smoking area under subsection (1) shall take reasonable steps to minimize the drifting of smoke into the non-smoking area.

THE UNIVERSITY OF MANITOBA ACT

C.C.S.M. c. U60 amended

21(1)       The University of Manitoba Act is amended by this section.

21(2)       Subclauses 4(c)(iii), (v) and (viii) are amended by striking out "Canadian and British Insurance Companies Act (Canada)" and substituting "Insurance Companies Act (Canada)".

Validation

22          Anything done under subclause 4(c)(iii), (v) or (viii) of The University of Manitoba Act on or after June 1, 1992 and before the coming into force of this section that would have been validly done had The Canadian and British Insurance Companies Act not been repealed is validated and declared to have been lawfully done.

THE WORKPLACE SAFETY AND HEALTH ACT

C.C.S.M. c. W210 amended

23          Subsection 37(1) of The Workplace Safety and Health Act is amended by striking out "subsection (1)" and substituting "subsection 36(1)".

COMING INTO FORCE

Coming into force

24(1)       Subject to subsections (2) to (7), this Act comes into force on the day it receives royal assent.

Coming into force of sections 4 and 21

24(2)       Sections 4 and 21 are retroactive and are deemed to have come into force on June 1, 1992.

Coming into force of section 6

24(3)       Section 6 comes into force on the same day that Bill 10 of the 1st Session of the 36th Legislature, titled The Development Corporation Amendment Act, comes into force.

Coming into force of sections 8 and 18

24(4)       Sections 8 and 18 are retroactive and are deemed to have come into force on October 19, 1988.

Coming into force of subsection 11(2)

24(5)       Subsection 11(2) is retroactive and is deemed to have come into force on March 1, 1995.

Coming into force of subsections 11(3) and (4) and section 12

24(6)       Subsections 11(3) and (4) and section 12 come into force on July 1, 1995 and in the event that this Act receives royal assent after that date, subsections 11(3) and (4) and section 12 are retroactive and are deemed to have come into force on July 1, 1995.

Coming into force of section 17

24(7)       Section 17 is retroactive and is deemed to have come into force on July 1, 1994.