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The Veterinary Services Amendment Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 1998, c. 24

THE VETERINARY SERVICES AMENDMENT ACT


 

(Assented to June 29, 1998)

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

C.C.S.M. c. V50 amended

1         The Veterinary Services Act is amended by this Act.

2         Subsection 4(2) is amended

(a) in clause (a), by adding "at least" after "municipality,";

(b) by repealing clause (b) and substituting the following:

(b) where the district comprises two or more municipalities, at least one member appointed by the council of each municipality included in the district in accordance with the agreement between the municipalities under section 2.

(c) by repealing clause (c).

3         The following is added after section 4:

Immunity

4.1       No action or proceeding may be brought against a board or a member of a board for any act done in good faith in the exercise of a power or in the performance or intended performance of a duty of the board or a member under this Act or for any neglect or default in the performance or exercise in good faith of such power or duty.

4(1)      The following is added after subsection 21(1):

Liquidator may request advice

21(1.1)   A liquidator appointed under subsection (1) may request advisory assistance from the board of a disestablished district or from a person who was a member of the board at the time of dissolution, if the liquidator considers such assistance appropriate.

4(2)      Subsection 21(2) is repealed and the following is substituted:

Distribution of assets by liquidator

21(2)     In winding up the affairs of a board, a liquidator shall distribute the board's surplus assets to the government and to each municipality included in the district at the time of dissolution in prorated shares based on the sums paid to the board by the government under section 11 and by each municipality under sections 8 to 10.

Sums paid by government include value of capital contributions

21(3)     For the purposes of subsection (2) and section 21.1, the sums paid by the government to a board under section 11 are deemed to include

(a) any amount expended by the government for capital property of the board; and

(b) the value of any land or services provided to the board by the government, determined as of the date the land or services were provided.

Sums paid by municipality include value of capital contributions

21(4)     For the purposes of subsection (2) and section 21.1, the sums paid by a municipality to a board under sections 8 to 10 are deemed to include

(a) any amount expended by the municipality for capital property of the board; and

(b) the value of any land or services provided to the board by the municipality, determined as of the date the land or services were provided.

5         The following is added after section 21:

Distribution of assets by a board

21.1      In winding up its own affairs, a board shall distribute its surplus assets to the government and to each municipality included in the district at the time of the winding up in prorated shares based on the sums paid to the board by the government under section 11 and by each municipality under sections 8 to 10.

Appeal

21.2(1)   A board, a member of a board or a veterinarian may appeal a determination or decision of the commission by filing a notice of appeal with the minister within 30 days after the board or veterinarian is notified of the determination or decision.

Appeal board

21.2(2)   Within 30 days after a notice of appeal is filed, the minister shall appoint an appeal board consisting of not fewer than three and not more than five persons to hear the appeal.

Chairperson

21.2(3)   The minister shall designate one of the members of the appeal board to be its chairperson.

Fees and expenses

21.2(4)   The minister may pay reasonable fees and expenses to the members of the appeal board.

Hearing

21.2(5)   The minister may specify the time within which the appeal board is to hear the appeal and give a decision, and the minister may extend that time.

Decision

21.2(6)   On concluding the appeal, the appeal board may

(a) confirm the determination or decision of the commission; or

(b) make any other determination or decision the commission could have made, subject to any terms and conditions that the appeal board considers appropriate.

Notice

21.2(7)   The appeal board shall, in writing, promptly notify the minister and the appellant of its determination or decision.

6         Section 22 is amended

(a) by repealing the part preceding clause (a) and substituting "The minister may make regulations";

(b) by striking out "and" at the end of clause (k); and

(c) by adding the following after clause (l):

(m) respecting the powers and duties of the commission;

(n) respecting any matter that the minister considers necessary or advisable to carry out the purpose of this Act effectively.

Coming into force

7         This Act comes into force on the day it receives royal assent.