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The Statute Law Amendment Act, 1998

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S.M. 1998, c. 45

THE STATUTE LAW AMENDMENT ACT, 1998


 

(Assented to June 29, 1998)

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

THE CIVIL SERVICE SUPERANNUATION ACT

C.C.S.M. c. C120 amended

1(1)      The Civil Service Superannuation Act is amended by this section.

1(2)      Subsection 1(1) is amended by repealing the definition "normal retirement age" and substituting the following:

"normal retirement age" means a person's age on December 31 of the calendar year in which the person attains 69 years of age; (« âge normal de la retraite »)

1(3)      Subsection 60(1) is repealed and the following is substituted:

Retirement after age 65

60(1)     An employee shall be deemed to have retired for the purposes of this Act

(a) on December 31 of the calendar year in which the person attains 69 years of age; or

(b) on the day he or she ceases to be an employee

(i) after accumulating one year of service under this Act,

(ii) after attaining the age of 65 years but before December 31 of the calendar year in which he or she attains the age of 69 years, and

(iii) after giving notice in writing of the date upon which he or she wishes to retire to the minister of the department in which, or the head of the agency by which, he or she is employed and after mailing, postage prepaid, or delivering to the secretary of the board a copy of the notice.

THE CONSUMER PROTECTION ACT

C.C.S.M. c. C200 amended

2         Subsection 125(2) of The Consumer Protection Act is repealed and the following is substituted:

Fee payable by instalments

125(2)    A seller shall not collect payment of a fee under a contract unless the fee is payable in more than one instalment and

(a) the amount of each instalment is approximately the same;

(b) the length of each time period covered by each instalment is approximately the same; and

(c) each instalment is payable on or shortly before the day a time period commences.

THE COUNCIL ON POST-SECONDARY EDUCATION ACT

C.C.S.M. c. C235 amended

3         Subsection 14(1) of the French version of The Council on Post-Secondary Education Act is repealed and the following is substituted:

Pouvoir de réglementation des programmes - Définition

14(1)     Au présent article, « programme d'études » s'entend de tout groupe de cours à unités menant à l'obtention d'un grade, d'un diplôme ou d'un certificat décerné par une université ou un collège.

THE CREDIT UNIONS AND CAISSES POPULAIRES ACT

C.C.S.M. c. C301 amended

4(1)      The Credit Unions and Caisses Populaires Act is amended by this section.

4(2)      Subsection 58(5) of the French version is repealed and the following is substituted:

Ordre du registraire concernant les règlements

58(5)     Sur ordre du registraire, la caisse populaire prend des règlements administratifs qui sont compatibles avec ses statuts ou ses règlements administratifs ou avec la présente loi et ses règlements d'application ou modifie ou abroge les règlements administratifs qui sont incompatibles avec ces textes.

4(3)      Section 129 of the English version is amended by striking out "Register" and substituting "Registrar".

THE EDUCATION ADMINISTRATION ACT

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

5(1)      The Education Administration Act is amended by this section.

5(2)      The section heading for subsection 9(3) of the French version is amended by striking out "Etablissement" and substituting "Établissement".

5(3)      Subsection 9(11) of the French version is amended

(a) in the section heading, by striking out "Ètats" and substituting "États"; and

(b) in the subsection, by striking out "en regard".

5(4)      Clause 16(1)(d) of the English version is  amended by striking out "instructioinal" and substituting "instructional".

THE EMERGENCY 911 PUBLIC SAFETY ANSWERING POINT ACT

S.M. 1997, c. 19 amended

6         The Emergency 911 Public Safety Answering Point Act, S.M. 1997, c. 19, is amended by adding the following after section 13:

C.C.S.M. reference

13.1      This Act may be referred to as chapter E85 of the Continuing Consolidation of the Statutes of Manitoba.

THE FATALITY INQUIRIES ACT

C.C.S.M. c. F52 amended

7         Clause 16(3)(a) of The Fatality Inquiries Act is amended by adding "or by a person of a class designated in writing by the chief medical examiner" after "investigator".

THE FINANCIAL ADMINISTRATION ACT

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

8(1)      Section 31 of the English version of The Financial Administration Act is amended by striking out "Government" and substituting "Governor".

8(2) Subsection 113(1) of The Financial Administration Act is repealed and the following is substituted:

Coming into force

113(1)    Subject to this section, this Act comes into force on April 1, 1997.

Coming into force: subsection 25(3)

113(1.1)  Subsection 25(3) comes into force on a day fixed by proclamation.

THE MANITOBA FOUNDATION ACT

C.C.S.M. c. F155 amended

9         Subsection 8(5) of The Manitoba Foundation Act is amended by striking out ", a successor is appointed or a period of three months has expired, whichever occurs first" and substituting "or a successor is appointed".

THE FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT

C.C.S.M. c. F175 amended

10(1)     The Freedom of Information and Protection of Privacy Act is amended by this section.

10(2)     Section 28 is amended by striking out "the public body" wherever it occurs and substituting "a public body".

10(3)     The following is added after subsection 101(2):

Coming into force for The City of Winnipeg

101(2.1)  If a proclamation under subsection (2) relates to local government bodies, the proclamation may be made applicable to The City of Winnipeg at an earlier date than to other local government bodies.

THE GAMING CONTROL AND CONSEQUENTIAL AMENDMENTS ACT

S.M. 1996, c. 74 amended

11        Section 86 of The Gaming Control and Consequential Amendments Act, S.M. 1996, c. 74, is repealed.

THE HEALTH SERVICES ACT

C.C.S.M. c. H30 amended

12(1)     The Health Services Act is amended by this section.

12(2)     Clause 4(c) of the English version is amended

(a) by striking out "medical nursing unit districts" wherever it occurs and substituting", medical nursing unit districts"; and

(b) by adding "medical nursing unit district," after "hospital district,".

12(3)     Subsection 54(6) is amended by striking out", as the case may be,".

THE LABOUR RELATIONS ACT

C.C.S.M. c. L10 amended

13        Clause 122(b) of the English version of The Labour Relations Act is amended by striking out "outweights" and substituting "outweighs".

THE PERSONAL HEALTH INFORMATION ACT

C.C.S.M. c. P33.5 amended

14        The definition "ombudsman" in subsection 1(1) of the French version of The Personal Health Information Act, C.C.S.M. c. P33.5, is amended by striking out "de la la" and substituting "de la".

THE REGIONAL WASTE MANAGEMENT AUTHORITIES ACT

C.C.S.M. c. R38 amended

15        Subsection 1(1) of the French version of The Regional Waste Management Authorities Act is renumbered as section 1.

THE SPECIAL OPERATING AGENCIES FINANCING AUTHORITY ACT

C.C.S.M. c. S185 amended

16        Section 20 of The Special Operating Agencies Financing Authority Act is amended by striking out ", at the close of a fiscal year,".

THE TEACHERS' PENSIONS ACT

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

17(1)     The Teachers' Pensions Act is amended by this section.

17(2)     The definition "normal retirement age" in subsection 1(1) is repealed and the following is substituted:

"normal retirement age" means the age of 69 years; (« âge normal de la retraite »)

17(3)     Subsection 6(3) is repealed and the following is substituted:

Maximum eligibility age

6(3)      Notwithstanding any other provision of this Act, and notwithstanding section 3 and subsection 21(9) of The Pension Benefits Act, on December 31 of the calendar year in which a teacher  attains age 69, he is no longer entitled or required

(a) to make the contributions for which provision is made under section 52; or

(b) to accumulate service as a teacher for any of the purposes of this Act;

and the teacher shall be granted a pension.

17(4)     Clause 6(4)(b) is amended by striking out "70 years of age" and substituting "his age on December 31 of the calendar year in which he attains age 69".

THE WILDFIRES ACT

C.C.S.M. c. W128 amended

18        Clause 6(d) of the French version of The Wildfires Act is amended by striking out "Loi sur les indiens (Canada)" and substituting "Loi sur les Indiens (Canada)".

THE WILDLIFE ACT

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

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

19(2)     Section 1 of the French version is amended by striking out "« ferme d'élevage de gibier » Le lieu où le gibier de quelque espèce ou type est gardé ou élevé en captivité, à une fin quelconque. ("wildlife farm")" and substituting the following:

« exploitation faunique » Le lieu où le gibier de quelque espèce ou type est gardé ou élevé en captivité, à une fin quelconque. ("wildlife farm")

19(3)     Clause 90(gg) of the French version is amended by striking out "des fermes d'élevage de gibier" wherever it occurs and substituting "des exploitations fauniques".

19(4)     Clause 90(hh) of the French version is amended by striking out "des fermes d'élevage de gibier" and substituting "des exploitations fauniques".

COMING INTO FORCE

Coming into force

20(1)     This Act, except sections 1, 6 and 9, subsection 8(2), subsection 10(2) and section 17, comes into force the day it receives royal assent.

Coming into force:  sections 1 and 17

20(2)      Sections 1 and 17 are retroactive and are deemed to have come into force on January 1, 1997.

Coming into force:  section 6

20(3)     Section 6 comes into force on the proclamation of The Emergency 911 Public Safety Answering Point Act, S.M. 1997, c. 19.

Coming into force: subsection 8(2)

20(4) Subsection 8(2) is retroactive and is deemed to have come into force on April 1, 1997.

Coming into force:  section 9

20(5)     Section 9 comes into force on June 1, 1998 and in the event that this Act receives royal assent after that date, is retroactive and is deemed to have come into force on June 1, 1998.

Coming into force:  subsection 10(2)

20(6)     Subsection 10(2) comes into force on May 4, 1998 and in the event that this Act receives royal assent after that date, is retroactive and is deemed to have come into force on May 4, 1998.