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The Statutes Correction and Minor Amendments Act, 2002

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S.M. 2002, c. 47

Bill 51, 3rd Session, 37th Legislature

THE STATUTES CORRECTION AND MINOR AMENDMENTS ACT, 2002


 

(Assented to August 9, 2002)

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

PART 1

GENERAL

THE CIVIL SERVICE SUPERANNUATION ACT

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

1           Subsection 33(9) of the English version of The Civil Service Superannuation Act is amended

(a) by striking out "or former spouse of the person or the common-law partner of the person" and substituting "or the former spouse of the person or the former common-law partner of the person"; and

(b) in the description of V in the formula, by striking out "former spouse or common-law partner" and substituting "former spouse or former common-law partner".

THE COMMUNITY DEVELOPMENT BONDS ACT

C.C.S.M. c. C160 amended

2(1)        The Community Development Bonds Act is amended by this section.

2(2)        Subclause 22(b)(ii) of the English version is amended by striking out "the the" and substituting "the".

2(3)        Clause 28(1)(b) of the English version is amended by striking out "the the" and substituting "the".

THE PROVINCIAL COURT AMENDMENT AND CONSEQUENTIAL AMENDMENTS ACT

S.M. 1997, c. 42 (unproclaimed) amended

3           Section 21 of The Provincial Court Amendment and Consequential Amendments Act, as enacted by S.M. 1997, c. 42, is amended

(a) by repealing clauses (a), (l), (r), (s), (t) and (w); and

(b) in clause (aa), by striking out everything after "clause 90(1)(b)".

THE COURT OF APPEAL ACT

C.C.S.M. c. C240 amended

4(1)        The Court of Appeal Act is amended by this section.

4(2)        Subsection 9(1) is replaced with the following:

Appointment of registrar and deputy registrars

9(1)        The Lieutenant Governor in Council may appoint a registrar of the court and one or more deputy registrars.

4(3)        The following is added after subsection 9(1):

Appointment of clerks and officers

9(1.1)      Clerks and other officers of the court may be appointed as provided in The Civil Service Act.

THE COURT OF QUEEN'S BENCH ACT

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

5           Subsection 91(1) of The Court of Queen's Bench Act is amended by striking out "and" at the end of clause (c), by adding "and" at the end of clause (d) and by adding the following after clause (d):

(e) a master.

THE CROWN LANDS ACT

C.C.S.M. c. C340 amended

6           Clause 5(1)(b) of the English version of The Crown Lands Act is amended by striking out "lands for a period" and substituting "lands, for a period".

THE FINANCIAL ADMINISTRATION ACT

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

7           Clause 27(2)(e) of The Financial Administration Act is amended by striking out "by at least two securities rating institutions in Canada or the United States that are recognized as such" and substituting "by a securities rating institution in Canada or the United States that is recognized as such".

THE HOUSING AND RENEWAL CORPORATION ACT

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

8           Subsection 6(3) of The Housing and Renewal Corporation Act is replaced with the following:

Employees

6(3)        The corporation may hire employees, who shall be appointed in accordance with The Civil Service Act.  In addition, the Department of Family Services and Housing, and any other department or branch of the executive government designated by the Lieutenant Governor in Council, may require any of its employees to perform, under the direction of the chief executive officer, any duties or functions that may be required

for the purposes of the corporation.

THE INSURANCE ACT

C.C.S.M. c. I40 amended

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

9(2)        Clause 371(3)(d) of the English version is amended in the part before subclause (i) by striking out "required to paid" and substituting "required to be paid".

9(3)        Clause 395(2)(a) of the English version is amended by striking out "to make" and substituting "make".

THE LABOUR RELATIONS ACT

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

10          Clause 56(2)(h) of the English version of The Labour Relations Act is amended by striking out "futher" and substituting "further".

THE DEPARTMENT OF LABOUR AND IMMIGRATION ACT

C.C.S.M. c. L20 amended

11          Section 2 of the French version of The Department of Labour and Immigration Act is amended by striking out "le ministère du Travail et de l'Immigration," and substituting "ministère du Travail et de l'Immigration »,".

THE LEGISLATIVE ASSEMBLY ACT

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

12          Section 86 of the French version of The Legislative Assembly Act is amended in the part before clause (a) by striking out "d'applications" and substituting "d'application".

THE LIQUOR CONTROL ACT

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

13          Subsection 20(1) of The Liquor Control Act is amended by striking out "clauses 60(a) to (j)" and substituting "clauses 60(1)(a) to (j)".

THE MUNICIPAL ASSESSMENT ACT

C.C.S.M. c. M226 amended

14          Clause 31(4)(c) of the English version of The Municipal Assessment Act is amended by striking out "and" at the end.

THE PSYCHOLOGISTS REGISTRATION ACT

C.C.S.M. c. P190 amended

15          Subsection 11(1.1) of the French version of The Psychologists Registration Act is renumbered as subsection 11.1(1).

THE SECURITIES ACT

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

16(1)       The Securities Act is amended by this section.

16(2)       Clause 58(1)(b) is amended

(a) in the English version, by striking out "clauses" and substituting "clause"; and

(b) in the French version, by striking out "h.3) i)" and substituting "h.3), i)".

16(3)       Subsection 117(2) of the English version is amended by striking out "of a issuer" and substituting "of an issuer".

THE SHERIFFS ACT

C.C.S.M. c. S100 amended

17          Clause 1(2)(a) of The Sheriffs Act is amended by striking out "Lieutenant Governor in Council" and substituting "Minister of Justice".

THE TAXICAB ACT

C.C.S.M. c. T10 amended

18          Subsection 2(2) of The Taxicab Act is replaced with the following:

Membership

2(2)        The board shall, subject to subsection (3), be composed of a maximum of seven members, including

(a) a member of the council of The City of Winnipeg nominated by the council;

(b) the chief constable of the police force of The City of Winnipeg; and

(c) between one and five other persons appointed by the Lieutenant Governor in Council.

THE UNIFORM LAW CONFERENCE COMMISSIONERS ACT

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

19          Section 1 of The Uniform Law Conference Commissioners Act is amended

(a) in subsection (1), by striking out "Lieutenant Governor in Council" and substituting "Minister of Justice"; and

(b) in subsection (2), by striking out "Lieutenant Governor in Council fixes a shorter term in the order in council appointing him" and substituting "Minister of Justice appoints a commissioner for a shorter term".

THE VICTIMS' BILL OF RIGHTS

C.C.S.M. c. V55 amended

20          Clause 39(2)(d) of The Victims' Bill of Rights is replaced with the following:

(d) to receive and investigate complaints in accordance with section 28 and prepare reports respecting complaints under sections 28 and 31;

THE WILDLIFE ACT

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

21          Schedule A of The Wildlife Act is amended by striking out "Migratory Birds Convention Act" wherever it appears and substituting "Migratory Birds Convention Act, 1994 (Canada)".

PART 2

AMENDMENTS REQUIRED TO ADDRESS THE INTRODUCTION OF AUTHORIZED FOREIGN BANKS UNDER THE BANK ACT (CANADA)

THE CORPORATION CAPITAL TAX ACT

C.C.S.M. c. C226 amended

22          The definition "bank" in section 1 of The Corporation Capital Tax Act is repealed.

THE MANITOBA EVIDENCE ACT

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

23          The definition "bank" in section 1 of The Manitoba Evidence Act is repealed.

THE FARM MACHINERY AND EQUIPMENT ACT

C.C.S.M. c. F40 amended

24          Clause (a) of the definition "financial institution" in subsection 1(1) of The Farm Machinery and Equipment Act is replaced with the following:

(a) a bank,

THE INTERPRETATION ACT

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

25          The Schedule of Definitions to The Interpretation Act is amended by replacing the definition ""bank" or "chartered bank"" with the following:

"bank" means a bank, or an authorized foreign bank, within the meaning of section 2 of the Bank Act (Canada), and includes a branch, agency and office of a bank or an authorized foreign bank; (« banque »)

THE MORTGAGE DEALERS ACT

C.C.S.M. c. M210 amended

26          The Mortgage Dealers Act is amended

(a) in the English version of subsections 22(3) and 35(6), by striking out "chartered bank" and substituting "bank"; and

(b) in the French version of subsections 22(3) and 35(6), by striking out "sont assimilés aux banques, outre les banques à charte, les corporations de fiducie et les caisses" and substituting "« banque » s'entend des banques, des corporations de fiducie et des caisses".

THE MUNICIPAL ASSESSMENT ACT

C.C.S.M. c. M226 amended

27          Clause 29(a) of The Municipal Assessment Act is amended by striking out "an authorized foreign bank as defined in the Bank Act (Canada),".

THE OIL AND GAS ACT

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

28          Subsection 74(1) of The Oil and Gas Act is amended by striking out "Canadian chartered bank" and substituting "bank".

THE CITY OF WINNIPEG ACT

S.M. 1989-90 c. 10 amended

29          The City of Winnipeg Act is amended

(a) in clause 51(1)(b), by striking out "chartered bank" and substituting "bank"; and

(b) in subclause 97(2)(a)(i) of the English version, by striking out "chartered bank" and substituting "bank".

VARIOUS ACTS AMENDED

C.C.S.M. c. P12 and W90 amended

30(1)       In the following Acts, "chartered bank" is replaced wherever it occurs in the identified provisions and their section headings with "bank", with any necessary grammatical and other changes:

(a) The Pari-Mutuel Levy Act, C.C.S.M. c. P12, in subsection 13(4);

(b) The Manitoba Water Services Board Act, C.C.S.M. c. W90, in section 19.

English version of various Acts amended

30(2)       In the English version of the following Acts, "chartered bank" is replaced wherever it occurs in the identified provisions and their section headings with "bank", with any necessary grammatical and other changes:

(a) The Centennial Centre Corporation Act, C.C.S.M. c. C40, in subsection 13(1);

(b) Le Centre Culturel Franco-Manitobain Act, C.C.S.M. c. C45, in subsection 13(1);

(c) The Civil Service Superannuation Act, C.C.S.M. c. C120, in subsection 11(1);

(d) The Consumer Protection Act, C.C.S.M. c. C200, in clause (h) of the definition "collection agent" in subsection 1(1);

(e) The Corporations Act, C.C.S.M. c. C225, in subsection 287(3), subclauses 336(12)(a)(i) and 336(13)(a)(i), clauses 339(1)(a) and (d), and clauses 339(2)(a) and (b);

(f) The Court of Queen's Bench Act, C.C.S.M. c. C280, in the definition "bank rate" in section 78;

(g) The Development Corporation Act, C.C.S.M. c. D60, in clause 14(1)(b);

(h) The Employment Standards Code, C.C.S.M. c. E110, in clause 88(b);

(i) The Horse Racing Commission Act, C.C.S.M. c. H90, in subsection 8(1);

(j) The Insurance Act, C.C.S.M. c. I40, in subsection 288(1);

(k) The Manitoba Museum Act, C.C.S.M. c. M270, in section 9;

(l) The Optometry Act, C.C.S.M. c. O70, in subsection 16(2);

(m) The Real Estate Brokers Act, C.C.S.M. c. R20, in the definition "money" in section 1;

(n) The Sanatorium Board of Manitoba Act, C.C.S.M. c. S12, in section 4;

(o) The Securities Act, C.C.S.M. c. S50, in clause 159(c);

(p) The Teachers' Pensions Act, C.C.S.M. c. T20, in subsection 50(8);

(q) The Manitoba Trade and Investment Corporation Act, C.C.S.M. c. T125, in subsection 13(3).

PART 3

COMING INTO FORCE

Coming into force

31(1)       This Act, except sections 1, 3 and 20, comes into force on the day it receives royal assent.

Coming into force: section 1

31(2)       Section 1 is retroactive and is deemed to have come into force on January 1, 2002.

Coming into force: section 3

31(3)       Section 3 comes into force when section 21 of The Provincial Court Amendment and Consequential Amendments Act, S.M. 1997, c. 42 is proclaimed into force.

Coming into force: section 20

31(4)       Section 20 is retroactive and is deemed to have come into force on August 31, 2001.