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The Statutes Correction and Minor Amendments Act, 2004

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S.M. 2004, c. 42

Bill 53, 2nd Session, 38th Legislature

The Statutes Correction and Minor Amendments Act, 2004

(Assented to June 10, 2004)

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

PART 1

GENERAL

THE ADULT LEARNING CENTRES ACT

C.C.S.M. c. A5 amended

1(1)        The Adult Learning Centres Act is amended by this section.

1(2)        Subsection 7(2) of the English version is amended in the part before clause (a) by striking out "First Nations" and substituting "First Nation".

1(3)        Clause 7(3)(b) of the English version is amended in the part before subclause (i) by adding "it" before "can demonstrate".

1(4)        Clause 33(3)(a) of the French version is amended by adding "gardés" after "l'endroit où sont".

THE AGRICULTURAL PRODUCERS' ORGANIZATION FUNDING ACT

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

2           Clause 9(e) of the French version of The Agricultural Producers' Organization Funding Act is amended by striking out "e)" and substituting "d)".

THE ANIMAL DISEASES ACT

C.C.S.M. c. A85 amended

3           Section 1 of The Animal Diseases Act is amended by repealing the definition "disease".

THE ARCHIVES AND RECORDKEEPING ACT

S.M. 2001, c. 35 amended

4(1)        The Archives and Recordkeeping Act, as enacted by S.M. 2001, c. 35, is amended by this section.

4(2)        Clause 40(2)(a) of the French version is amended by striking out "organisme gouvernemental" and substituting "organisme du gouvernement".

4(3)        Clause 40(5)(b) of the English version is amended by striking out "officers and employees of the department" and substituting "officers, and employees of the department".

THE ARTS COUNCIL ACT

C.C.S.M. c. A140 amended

5           Subsection 2(2) of the French version of The Arts Council Act is amended by striking out "lieutenantgouverneur" and substituting "lieutenant-gouverneur".

THE BRANDON UNIVERSITY ACT

C.C.S.M. c. B90 amended

6           Subsection 5(3) of The Brandon University Act is amended by striking out "Immigration Act (Canada)" and substituting "Immigration and Refugee Protection Act (Canada)".

THE BUDGET IMPLEMENTATION AND   TAX STATUTES AMENDMENT ACT, 2002

S.M. 2002, c. 19 amended

7           Subsection 51(2) of the French version of The Budget Implementation and Tax Statutes Amendment Act, 2002, as enacted by S.M. 2002, c. 19, is amended by striking out "l'article 2(1)" and substituting "l'article 2".

THE BUSINESS NAMES REGISTRATION ACT

C.C.S.M. c. B110 amended

8(1)        The Business Names Registration Act is amended by this section.

8(2)        Subsection 2(2) of the English version is amended in the part before clause (a) by striking out "Subection (1)" and substituting "Subsection (1)".

8(3)        Subsection 4(3.1) is renumbered as subsection 4(4).

THE CANCERCARE MANITOBA ACT

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

9           Section 19 of The CancerCare Manitoba Act is replaced with the following:

By-laws

19(1)       The corporation may make by-laws, not inconsistent with this Act,

(a) respecting its internal organization and proceedings;

(b) prescribing the powers and duties of the directors and other officers or employees of the corporation;

(c) respecting physicians and medical support personnel of the corporation, including their appointment, qualifications and functions; and

(d) generally for the better carrying out of the provisions of this Act and the objects of the corporation.

By-laws not effective until approved

19(2)       A by-law of the corporation, and any amendment to it, is of no force or effect until approved by the minister.

LE CENTRE CULTUREL FRANCO-MANITOBAIN ACT

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

10          Subsection 3(5) of Le Centre Culturel Franco-Manitobain Act is amended by striking out "Avenue Provencher" and substituting "Provencher Boulevard".

THE CHILD AND FAMILY SERVICES ACT

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

11(1)       The Child and Family Services Act is amended by this section.

11(2)       Subsection 6.2(2) is repealed.

11(3)       Subsection 6.6(3) is amended by striking out "subsection (18) or (19)" and substituting "subsection (1) or (2)".

11(4)       Section 12 is amended by striking out "The Community Child Day Care Standards Act" and substituting "The Community Child Care Standards Act".

THE CHILD AND FAMILY SERVICES AUTHORITIES ACT

C.C.S.M. c. C90 amended

12(1)       The Child and Family Services Authorities Act is amended by this section.

12(2)       Subsection 1(1) is amended

(a) in the English version of the definition "agency", by striking out "mean" and substituting "means"; and

(b) in the French version, by replacing the definition "Régie métisse" with the following:

« Régie des Métis » La Régie des services à l'enfant et à la famille des Métis constituée en application de l'article 4. ("Metis Authority")

12(3)       Section 4 of the French version is amended

(a) in the part before clause (a), by striking out "constitués" and substituting "constituées"; and

(b) in clause (c), by striking out "Régie métisse des services à l'enfant et à la famille" and substituting "Régie des services à l'enfant et à la famille des Métis".

12(4)       The French version is amended by striking out "Régie métisse" and substituting "Régie des Métis" in the following provisions and section headings:

(a) subsection 6(4);

(b) subsection 17(3).

12(5)       The section heading for subsection 21(4) of the French version is amended by striking out "l'organisme" and substituting "l'office".

12(6)        The French version of clause 30(1)(c) is amended by striking out "Régie métisse" and substituting "Régie des Métis".

THE CIVIL REMEDIES AGAINST ORGANIZED CRIME ACT

C.C.S.M. c. C107 amended

13(1)       The Civil Remedies Against Organized Crime Act is amended by this section.

13(2)       Subsection 1(1) of the French version is amended by repealing the definitions "acte de gangstérisme" and "gang" and adding the following definitions:

« infraction d'organisation criminelle » Infraction d'organisation criminelle au sens de l'article 2 du Code criminel (Canada). ("criminal organization offence")

« organisation criminelle » Organisation criminelle au sens de l'article 2 du Code criminel (Canada). ("criminal organization")

13(3)       The following provisions of the French version are amended by striking out "d'un gang" wherever it occurs and substituting "d'une organisation criminelle":

(a) the centred heading before section 3;

(b) section 3;

(c) the centred heading before section 4;

(d) subsections 4(1) and (2).

13(4)       Clause 11(a) of the French version is amended

(a) by striking out "d'un gang" and substituting "d'une organisation criminelle"; and

(b) by striking out "d'un acte de gangstérisme" and substituting "d'une infraction d'organisation criminelle".

THE CLASS PROCEEDINGS ACT

C.C.S.M. c. C130 amended

14(1)       The Class Proceedings Act is amended by this section.

14(2)       Clause 31(3)(c) of the English version is amended by striking out "paragraph (b)" and substituting "clause (b)".

14(3)       Subsection 34(5) of the English version is amended in the part before clause (a) by striking out "award that, under" and substituting "award that under".

14(4)       Subsection 36(4) of the English version is amended by adding "or" at the end of clause (a).

THE COLLEGES ACT

C.C.S.M. c. C150.1 amended

15          Section 38.1 of The Colleges Act is amended by striking out "subsection 799(2.1)" and substituting "subsection 335(2)".

THE COMMON-LAW PARTNERS' PROPERTY AND RELATED AMENDMENTS ACT

S.M. 2002, c. 48 (unproclaimed portion) amended

16          Subsection 25(9) of the French version of The Common-Law Partners' Property and Related Amendments Act, as enacted by S.M. 2002, c. 48, is replaced with the following:

25(9) Le paragraphe 18(1) est modifié :

a) par substitution, à « de l'article 17 », de « des articles 17 et 17.1 »;

b) par substitution, à « du paragraphe (2) », de « des paragraphes (2) et (4) ».

THE COMMUNITY CHILD DAY CARE STANDARDS ACT

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

17(1)       The Community Child Day Care Standards Act is amended by this section.

17(2)       The title is amended by striking out "CHILD DAY CARE" and substituting "CHILD CARE".

17(3)       The following provisions are amended by striking out "day care", with necessary grammatical modifications, wherever it occurs and substituting "child care":

(a) the definitions "day care", "day care centre", "day care home","facility", "licence", "private home day care" and "review committee" in section 1;

(b) section 3;

(c) section 4;

(d) subsection 6(1);

(e) subsections 7(1) and (2);

(f) clause 13(1)(b);

(g) section 16;

(h) clause 17(b);

(i) clause 18(b);

(j) clauses 19(1)(c) and 19(2)(c);

(k) section 27;

(l) subsection 28(1);

(m) subsections 30(1), (2), (3) and (6);

(n) subsections 30.1(1), (3) and (6);

(o) subsections 31(1) and (2);

(p) subsection 32(1);

(q) section 33;

(r) clauses 34(a), (b), (h), (k), (l) and (m);

(s) section 37.

17(4)       Section 1 is amended

(a) in the definition "director", by striking out "Child Day Care Services" and substituting "Child Care Services"; and

(b) in clause (b) of the definition "child", by striking out "handicapped person" and substituting "person with a disability".

17(5)       Subsection 5(1) is amended by striking out "Child Day Care Services" and substituting "Child Care Services".

17(6)       Subsection 7(2) of the French version is amended

(a) in the section heading, by striking out "en famille" and substituting "d'enfants en milieu familial"; and

(b) by striking out "en famille" and substituting "en milieu familial".

17(7)       Section 15 is repealed.

17(8)       Clause 27(3)b) of the French version is amended by striking out "la garde de jour aux enfants" and substituting "des services de garde aux enfants".

17(9)       Subsection 28(1) of the French version is amended in the section heading and in the section by striking out "compétence du personnel de garderie" and substituting "compétence du personnel chargé de la garde d'enfants".

17(10)      Section 30 of the French version is amended

(a) in the section heading for subsection (1), by striking out "de garderie" and substituting "chargé de la garde d'enfants"; and

(b) in subsection (6), by striking out "de garderie" and substituting "chargé de la garde d'enfants".

17(11)      Subsection 31(2) of the French version is amended by striking out "la garde de jour est assurée" wherever it occurs and substituting "des services de garde sont assurés".

17(12)      Subsection 32(1) of the French version is amended by striking out "la garde de jour" and substituting "des services de garde".

17(13)      Section 33 of the French version is amended

(a) in clause (b), by striking out "la garde de jour" and substituting "des services de garde"; and

(b) in the part after clause (b), by adding "garde" before "d'enfants".

17(14)      Clause 34(b) of the French version is amended by striking out "pour garderie familiale privée" and substituting "pour garde d'enfants en milieu familial".

THE CONDOMINIUM ACT

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

18          Subsection 6(5) of The Condominium Act is amended by striking out "section 112" and substituting "section 117".

THE CORPORATIONS ACT

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

19          Clause 3(1)(b) of The Corporations Act is amended by striking out "Parts XXI to XXVI" and substituting "Parts XXI to XXIV".

THE PROVINCIAL COURT AMENDMENT AND CONSEQUENTIAL AMENDMENTS ACT

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

20           Section 30 of The Provincial Court Amendment and Consequential Amendments Act, as enacted by S.M. 1997, c. 42, is repealed.

THE COURT OF QUEEN'S BENCH ACT

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

21(1)       The Court of Queen's Bench Act is amended by this section.

21(2)       Subsection 77(2) is amended in the part after clause (b) by adding ", by the rules" after "by statute".

21(3)       Subsection 77(3) is amended by striking out "under clause (2)(b)" and substituting "filed in a proceeding that is available for public inspection under subsection (2)".

21(4)       The following is added after clause 92(m):

(m.1) documents filed in proceedings in the court, including rules restricting access to the parties to a proceeding and their lawyers only, in respect of documents filed in connection with pre-trial procedures intended to settle any or all of the issues in dispute;

THE COURT OF QUEEN'S BENCH SMALL CLAIMS PRACTICES ACT

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

22          Subsections 12(1), (2), (3) and (4) of The Court of Queen's Bench Small Claims Practices Act are amended by striking out "subsection 9(1), 11(1) or 20(2)" and substituting "subsection 9(1) or 11(1) or section 20".

THE EDUCATION ADMINISTRATION ACT

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

23          Clauses 3(1)(j) and 4(1)(s) of The Education Administration Act are repealed.

THE EMBALMERS AND FUNERAL DIRECTORS ACT

C.C.S.M. c. E70 amended

24          Subsection 18(1) of The Embalmers and Funeral Directors Act is amended by striking out "January 31" and substituting "June 30".

THE EMERGENCY 911 PUBLIC SAFETY ANSWERING POINT ACT

S.M. 1997, c. 19 (unproclaimed) amended

25          The Emergency 911 Public Safety Answering Point Act, as enacted by S.M. 1997, c. 19, is amended in clause (b) of the definition "emergency service provider" in section 1 by striking out "The Fires Prevention Act" and substituting "The Fires Prevention and Emergency Response Act".

THE EMPLOYMENT AND INCOME ASSISTANCE ACT

C.C.S.M. c. E98 amended

26(1)       The Employment and Income Assistance Act is amended by this section.

26(2)       Section 1 is amended

(a) by replacing the definition "director" with the following:

"director" means the person designated as Director of Employment and Income Assistance under section 2.1; (« directeur »)

(b) in the English version of the definition "recipient", by striking out "general assistance, is being" and substituting "general assistance is being".

26(3)       The following is added after section 2:

Director

2.1(1)      The minister must designate a person as Director of Employment and Income Assistance.

Director may delegate

2.1(2)      The director may, in writing, authorize a person or class of persons to perform any of the director's duties or exercise any of the director's powers under this Act or the regulations.

26(4)       The French version of subsection 20(2) is amended

(a) by striking out "ou la municipalité"; and

(b) by striking out "ou de la municipalité, selon le cas,".

THE ENVIRONMENT ACT

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

27          Subclause 51(2)(c)(ii) of The Environment Act is amended by striking out "sub-clause (I)" and substituting "subclause (i)".

THE MANITOBA EVIDENCE ACT

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

28          Clause 63(1)(d) of The Manitoba Evidence Act is replaced with the following:

(d) a commissioner for taking affidavits, or other competent authority of a similar nature;

THE FAMILY MAINTENANCE ACT

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

29(1)       The Family Maintenance Act is amended by this section.

29(2)       Subsection 53(4) is amended by striking out "the Director of Field Operations, Employment and Income Assistance appointed under The Social Services Administration Act" and substituting "the Director of Employment and Income Assistance appointed under The Employment and Income Assistance Act".

29(3)       The definition "director" in subsection 64(1) is amended by striking out "the Director of Field Operations, Employment and Income Assistance under The Social Services Administration Act" and substituting "the Director of Employment and Income Assistance appointed under The Employment and Income Assistance Act".

THE FARM LANDS OWNERSHIP ACT

C.C.S.M. c. F35 amended

30          The definition "eligible individual" in subsection 1(1) of The Farm Lands Ownership Act is amended by striking out "Immigration Act (Canada)" and substituting "Immigration and Refugee Protection Act (Canada)".

THE FARM PRODUCTS MARKETING ACT

C.C.S.M. c. F47 amended

31          Subsection 23(1) of the French version of The Farm Products Marketing Act is amended by striking out "S'il est nécessaire de déterminer" and substituting "S'il doit le faire afin de déterminer".

THE HEALTH SERVICES INSURANCE ACT

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

32(1)        The Health Services Insurance Act is amended by this section.

32(2)       The definition "resident" in subsection 2(1) is replaced with the following:

"resident" means a person who is legally entitled to be in Canada, makes his or her home in Manitoba, and is physically present in Manitoba for at least six months in a calendar year, and includes any other person classified as a resident in the regulations, but does not include

(a) a person who holds a temporary resident permit under the Immigration and Refugee Protection Act (Canada), unless the minister determines otherwise, or

(b) a visitor, transient or tourist; (« résident »)

32(3)       Subsection 2(2) is repealed.

32(4)       Subsection 6(1) is amended by striking out "three months" and substituting "four months".

THE HOSPITALS ACT

C.C.S.M. c. H120 amended

33          Section 1 of The Hospitals Act is amended by repealing the definition "resident".

THE LABOUR RELATIONS ACT

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

34          Clause 4(3)(c) of The Labour Relations Act is amended by striking out "The City of Winnipeg Charter" and substituting "The City of Winnipeg Act".

THE LEGISLATIVE ASSEMBLY ACT

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

35          Subsections 52.5(3) and (4) of The Legislative Assembly Act are repealed.

THE LEGISLATIVE ASSEMBLY MANAGEMENT COMMISSION ACT

C.C.S.M. c. L114 amended

36          Subsection 9(3) of the English version of The Legislative Assembly Management Commission Act is amended

(a) by striking out "The Auditor General's Act" and substituting "The Auditor General Act"; and

(b) by striking out "Provincial Auditor" and substituting "Auditor General".

THE LIQUOR CONTROL ACT

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

37          Subsections 120(9) and (10) of the French version of The Liquor Control Act and the section headings for those provisions are amended by striking out "d'un gang" and substituting "d'une organisation criminelle".

THE MEDICAL LABORATORY TECHNOLOGISTS ACT

S.M. 2002, c. 12 (unproclaimed) amended

38          Clause 50(1)(f) of the French version of The Medical Laboratory Technologists Act, as enacted by S.M. 2002, c. 12, is replaced with the following:

f) prendre des mesures concernant les programmes de recyclage professionnel;

THE MUNICIPAL ASSESSMENT ACT

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

39          Clause 22(1)(k) of The Municipal Assessment Act is amended by striking out "The Community Child Day Care Standards Act" and substituting "The Community Child Care Standards Act".

THE PARTNERSHIP AMENDMENT AND BUSINESS NAMES REGISTRATION AMENDMENT ACT

S.M. 2002, c. 30 amended

40(1)       The Partnership Amendment and Business Names Registration Amendment Act, as enacted by S.M. 2002, c. 30, is amended by this section.

40(2)       Section 13 is replaced with the following:

13 The following is added after clause 18(g):

(h) respecting the imposition of terms on the registration of a Manitoba limited liability partnership or an extra-provincial limited liability partnership, including authorizing the Director to impose terms.

40(3)       Section 16 is repealed.

THE PHYSIOTHERAPISTS ACT

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

41          Clause 20(3)(c) of the French version of The Physiotherapists Act is amended by striking out "procéder à l'inspection ou à la vérification" and substituting "ordonner l'inspection ou la vérification".

THE PODIATRISTS ACT

C.C.S.M. c. P93 amended

42          Clause 19(3)(c) of the French version of The Podiatrists Act is amended by striking out "procéder à l'inspection ou à la vérification" and substituting "ordonner l'inspection ou la vérification".

THE PROVINCIAL POLICE ACT

C.C.S.M. c. P150 amended

43          Subsection 9(1) of The Provincial Police Act is amended by striking out "Lieutenant Governor in Council" and substituting "minister".

THE PUBLIC HEALTH AMENDMENT ACT

S.M. 2002, c. 38 (unproclaimed) amended

44(1)       The Public Health Amendment Act, as enacted by S.M. 2002, c. 38, is amended by this section.

44(2)       Subsection 27.4(2), as enacted by section 2, is amended in the part before clause (a) by striking out "must give notice of the hearing" and substituting "must direct that notice of the hearing be given".

44(3)       Subsection 27.4(3), as enacted by section 2, is amended by striking out "may dispense with service of the notice" and substituting "may not require notice to be given".

THE PROVINCIAL RAILWAYS ACT

C.C.S.M. c. R15 amended

45          Clause 48(1)(i) of The Provincial Railways Act is amended by striking out "for the purpose of clause 30(1)(b)" and substituting "for the purposes of subsection 30(1)".

THE PURCHASE OF WINNIPEG HYDRO ACT

S.M. 2002, c. 45 amended

46          Section 11 of The Purchase of Winnipeg Hydro Act, as enacted by S.M. 2002, c. 45, is repealed.

THE REAL PROPERTY ACT

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

47(1)       The Real Property Act is amended by this section.

47(2)       The definition "land" in section 1 of the English version is amended by striking out "hereditamens" and substituting "hereditaments".

47(3)       Subsection 45(5) of the English version is amended by striking out "any order, or" and substituting "any order or".

47(4)       Clause 111(1)(e) is amended by adding "wind turbines" after "poles,".

THE SANATORIUM BOARD OF MANITOBA ACT

C.C.S.M. c. S12 amended

48          Section 4 of the English version of The Sanatorium Board of Manitoba Act is amended by striking out "dept" and substituting "debt".

THE SOCIAL SERVICES ADMINISTRATION ACT

C.C.S.M. c. S165 amended

49          Section 2 of The Social Services Administration Act is repealed.

THE SOCIAL SERVICES APPEAL BOARD ACT

C.C.S.M. c. S167 amended

50          Clause (b) of the definition "designated Act" in section 1 of The Social Services Appeal Board Act is amended by striking out "The Community Child Day Care Standards Act" and substituting "The Community Child Care Standards Act".

THE SOLDIERS' ESTATES ACT

C.C.S.M. c. S170 amended

51          The preamble of the English version of The Soldiers' Estates Act is amended by striking out "desrirable" and substituting "desirable".

THE SUMMARY CONVICTIONS ACT

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

52          Subsection 17(10) of The Summary Convictions Act is amended by striking out everything after "fine and costs authorized by law" and substituting "and any other penalty authorized by law and, except as provided in subsection (11), may, in default of payment of the fine and costs, impose a term of imprisonment."

THE UNIVERSITY OF WINNIPEG ACT

C.C.S.M. c. U70 amended

53          Subsection 5(4) of The University of Winnipeg Act is amended by striking out "Immigration Act (Canada)" and substituting "Immigration and Refugee Protection Act (Canada)".

THE VITAL STATISTICS ACT

C.C.S.M. c. V60 amended

54          Subsection 22(4) of the French version of The Vital Statistics Act is amended by striking out "un certificat à l'égard duquel" and substituting "à l'égard duquel".

THE VULNERABLE PERSONS LIVING WITH A MENTAL DISABILITY ACT

C.C.S.M. c. V90 amended

55          Clause 16(1)(b) of the French version of The Vulnerable Persons Living with a Mental Disability Act is amended by striking out "que que" and substituting "que".

THE WATER RESOURCES ADMINISTRATION ACT

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

56(1)       The Water Resources Administration Act is amended by this section.

56(2)       Clause 17(6)(a) of the English version is amended by striking out "neighboring land; or" and substituting "neighbouring land;".

56(3)       Subclause 17(10.2)(b)(ii) of the English version is amended by striking out "susbection (3)" and substituting "subsection (3)".

THE WILLS ACT

C.C.S.M. c. W150 amended

57          The Schedule to The Wills Act is amended

(a) in the title of the English version, by striking out "AN INTERNATIONAL WILLS" and substituting "AN INTERNATIONAL WILL"; and

(b) by striking out "SCHEDULE UNIFORM LAW ON THE FORM OF AN INTERNATIONAL WILL" and substituting "ANNEX TO THE CONVENTION — RULES REGARDING AN INTERNATIONAL WILL".

THE CITY OF WINNIPEG CHARTER

S.M 2002, c. 39 amended

58(1)       The City of Winnipeg Charter is amended by this section.

58(2)       Section 142 is renumbered as subsection 142(1).

58(3)       The French version of subsection 142(1) is replaced with the following:

Affectation du terrain

142(1)      Une fois la rue fermée par un règlement municipal adopté en vertu de l'alinéa 139b), le terrain sur lequel elle était située :

a) peut faire l'objet de toute forme d'opération, comme tout autre terrain appartenant à la ville;

b) s'il est transféré au propriétaire d'un terrain adjacent, est, une fois réuni avec ce terrain, grevé par toute hypothèque, toute charge et tout privilège qui grèvent ce terrain adjacent.

58(4)       The following is added after subsection 142(1):

Application — streets closed under former Acts

142(2)      Clause (1)(b) also applies to land previously occupied by a street that was closed by a by-law under

(a) The City of Winnipeg Act, S.M. 1989-90, c. 10;

(b) The City of Winnipeg Act, S.M. 1971, c. 105; or

(c) any other Act referred to in subsection 662(1) of The City of Winnipeg Act, S.M. 1971, c. 105, that applied to a portion of the city.

58(5)       Clause 159(2)(c) is amended by adding "in or" after "buildings".

58(6)       Clause 189(1)(b) is amended

(a) in the English version, by replacing subclause (ii) with the following:

(ii) an order or decision of a designated employee in respect of issuing, granting, suspending or cancelling, or refusing to issue or grant, a licence, permit, approval or consent;

(b) in the French version, by adding "ou d'accorder" after "de délivrer".

58(7)       Subsection 217(1) is amended

(a) in the English version, by adding "a" before "licence in lieu"; and

(b) by adding "for purposes of the city" after "imposed".

58(8)       Subsection 217(2) is amended by striking out "given or".

58(9)       Subsection 217(3) of the English version is amended by striking out "or applied".

58(10)      Subsection 236(3) is replaced with the following:

Hearing on zoning by-law

236(3)      Before or after council gives first reading to a proposed zoning by-law,

(a) it must be referred to a designated committee of council;

(b) the city must give notice of a hearing by the designated committee of council respecting the proposed by-law; and

(c) the designated committee of council must conduct a hearing, and submit a report to council, about the proposed by-law.

58(11)      Clause 285(1)(c) of the English version is amended by striking out "failing" and substituting "falling".

58(12)      Subsection 292(2) of the French version is renumbered as subsection 291(2).

58(13)      Subsection 316(2) is amended by adding "in the reference year" at the end.

58(14)      Clauses 340(1)(d) and 341(1)(d) are amended by striking out "The Municipal Act" and substituting "The Municipal Assessment Act".

58(15)      Subsection 353(2) is amended by replacing everything after clause (a) with the following:

(b) in regard to a corporation providing telephone services, on its property that is deemed to be real property under subsection 323(1) (utility corporations' property assessment), for the amount of the taxes imposed in respect of the $1,200,000. assessed value of that property.

58(16)      Subsection 426(1) is amended

(a) in the English version of subclause (b)(ii), by adding "area" after "total"; and

(b) in the French version, by adding "totale" after "superficie".

58(17)      Section 429 of the English version is amended in the part before clause (a) by adding "area" after "total".

58(18)      Subsection 460(2) of the French version is amended by striking out "librairie" and substituting "bibliothèque".

58(19)      Subsection 515(4) is amended

(a) in the part before clause (a), by striking out "floodway area" and substituting "floodway fringe area"; and

(b) by striking out "and" at the end of clause (a) and substituting "or".

58(20)      Section 521 is amended by striking out "519.1" and substituting "520".

58(21)      The Schedule is amended

(a) by striking out "The Labour Relations Act 4(3)(c)"; and

(b) in the column opposite "The Planning Act", by striking out "64; 88(4); 885" and substituting "6(4)".

THE WORKERS COMPENSATION ACT

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

59          Clause 4(5.1)(d) of the English version of The Workers Compensation Act is amended by striking out "non-Hodgkins lymphoma" and substituting "non-Hodgkin's lymphoma".

PART 2

EXECUTIVE GOVERNMENT ORGANIZATION

THE DEPARTMENT OF AGRICULTURE AND FOOD ACT

C.C.S.M. c. A40 amended

60(1)       The Department of Agriculture and Food Act is amended by this section.

60(2)       The title is amended by striking out "AGRICULTURE AND FOOD" and substituting "AGRICULTURE, FOOD AND RURAL INITIATIVES".

60(3)       Section 1 is amended in the definitions "department" and "minister" by striking out "Agriculture and Food" and substituting "Agriculture, Food and Rural Initiatives".

60(4)       Section 2 is amended by striking out "Agriculture and Food" wherever it occurs and substituting "Agriculture, Food and Rural Initiatives".

THE AGROLOGISTS ACT

C.C.S.M. c. A50 amended

61(1)       The Agrologists Act is amended by this section.

61(2)       Subsection 1(1) is amended by adding the following definition:

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre »)

61(3)       Subclause 8(1)(c)(i) is replaced with the following:

(i) the minister,

THE CATTLE PRODUCERS ASSOCIATION ACT

C.C.S.M. c. C25 amended

62(1)       The Cattle Producers Association Act is amended by this section.

62(2)       Section 1 is amended by adding the following definition:

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre »)

62(3)       Subsection 16(2) is amended

(a) by striking out "Minister of Agriculture and Food" and substituting "minister"; and

(b) by striking out "that the Minister" in the English version and substituting "that the minister".

62(4)       Section 17 and subsection 18(3) are amended by striking out "Minister of Agriculture and Food" and substituting "minister".

THE CO-OPERATIVE ASSOCIATIONS LOANS AND LOANS GUARANTEE ACT

C.C.S.M. c. C220 amended

63(1)       The Co-operative Associations Loans and Loans Guarantee Act is amended by this section.

63(2)       Section 1 is amended by adding the following definition:

"department" means the department of government over which the minister presides and through which this Act is administered; (« ministère »)

63(3)       Clause 2(1)(b) is amended by striking out "from the Department of Co-operative Development" and substituting "from the department".

63(4)       Subsection 2(3) is amended by striking out "from the Department of Co-operative Development" and substituting "from the department".

THE CORPORATIONS ACT

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

64          Subsection 267(2) of The Corporations Act is amended in the part after clause (d) by striking out "Intergovernmental Affairs" and substituting "Intergovernmental Affairs and Trade".

THE REGISTERED DIETITIANS ACT

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

65          Clause 45(2)(d) of The Registered Dietitians Act is amended by striking out "Minister of Advanced Education" and substituting "Minister of Advanced Education and Training".

THE DYKING AUTHORITY ACT

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

66          Clause 10(b) of The Dyking Authority Act is amended by striking out "Intergovernmental Affairs" and substituting "Intergovernmental Affairs and Trade".

THE HIGHWAYS AND TRANSPORTATION ACT

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

67          Subsection 6(2) of The Highways and Transportation Act is amended by striking out "Minister of Agriculture and Food" and substituting "Minister of Agriculture, Food and Rural Initiatives".

THE HIGHWAYS PROTECTION ACT

C.C.S.M. c. H50 amended

68          The Highways Protection Act is amended by striking out "Intergovernmental Affairs" and substituting "Intergovernmental Affairs and Trade" wherever it occurs in the following provisions:

(a) subclauses 6(3)(a)(v) and (b)(i);

(b) subclauses 15(3)(a)(v) and (b)(i).

THE HORSE RACING REGULATION ACT

C.C.S.M. c. H100 amended

69(1)       The Horse Racing Regulation Act is amended by this section.

69(2)       Subsection 2(1) is amended

(a) in the section heading, by striking out "to Minister of Agriculture and Food"; and

(b) by striking out "Minister of Agriculture and Food" and substituting "Minister of Agriculture, Food and Rural Initiatives".

69(3)       Subsection 2(2) is amended by striking out "Minister of Agriculture and Food" and substituting "Minister of Agriculture, Food and Rural Initiatives".

THE LAND SURVEYORS ACT

C.C.S.M. c. L60 amended

70          Subsection 28(2) of The Land Surveyors Act is amended by striking out "Minister of Consumer and Corporate Affairs" and substituting "Minister of Finance".

THE MINING CLAIM TAX ACT

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

71          Sections 3 and 4 of The Mining Claim Tax Act are amended by striking out "Minister of Industry, Trade and Mines" and substituting "Minister of Industry, Economic Development and Mines".

THE MUNICIPAL BOARD ACT

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

72          Clause 71(1)(a) of The Municipal Board Act is amended by striking out "Minister of Education, Training and Youth" and substituting "Minister of Education, Citizenship and Youth".

AN ACT RESPECTING DEBTS OWING BY MUNICIPALITIES TO SCHOOL DISTRICTS

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

73          Sections 2, 3 and 4 of An Act Respecting Debts Owing by Municipalities to School Districts are amended by striking out "Minister of Education, Training and Youth" and substituting "Minister of Education, Citizenship and Youth".

THE NOXIOUS WEEDS ACT

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

74(1)       The Noxious Weeds Act is amended by this section.

74(2)       Section 15 is amended by striking out "Intergovernmental Affairs" and substituting "Intergovernmental Affairs and Trade".

74(3)       Subsection 38(1) is amended by striking out "Agriculture and Food" and substituting "Agriculture, Food and Rural Initiatives".

THE OCCUPATIONAL THERAPISTS ACT

C.C.S.M. c. O5 amended

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

THE OFF-ROAD VEHICLES ACT

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

76          Subsection 1(1) of The Off-Road Vehicles Act is amended in clause (b) of the definition "traffic authority" by striking out "Intergovernmental Affairs" and substituting "Intergovernmental Affairs and Trade".

THE PLANNING ACT

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

77          Section 1 of The Planning Act is amended in clause (c) of the definition "council" by striking out "Intergovernmental Affairs" and substituting "Intergovernmental Affairs and Trade".

THE MANITOBA PUBLIC INSURANCE CORPORATION ACT

C.C.S.M. c. P215 amended

78          The Manitoba Public Insurance Corporation Act is amended by striking out "Minister of Consumer and Corporate Affairs" and substituting "Minister of Finance" in subsection 176(8) and subsections 180(1) and (2).

THE PUBLIC SCHOOLS ACT

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

79          Clause 60(5)(c) of The Public Schools Act is amended by striking out "Department of Education, Training and Youth" and substituting "department".

THE PUBLIC SCHOOLS FINANCE BOARD ACT

C.C.S.M. c. P260 amended

80(1)       The Public Schools Finance Board Act is amended by this section.

80(2)       Subsection 6(3) is amended by striking out "Department of Education, Training and Youth" and substituting "Department of Education, Citizenship and Youth".

80(3)       Section 7 is amended by striking out "Department of Education, Training and Youth, the Department of Intergovernmental Affairs" and substituting "Department of Education, Citizenship and Youth, the Department of Intergovernmental Affairs and Trade".

THE REVENUE ACT

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

81          The definition "minister" in subsection 33(1) of The Revenue Act is amended by striking out "Minister of Consumer and Corporate Affairs" and substituting "Minister of Finance".

THE SPECIAL SURVEY ACT

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

82          The Special Survey Act is amended by striking out "Minister of Consumer and Corporate Affairs" wherever it occurs in the following provisions and substituting "Minister of Finance":

(a) section 1;

(b) section 3;

(c) section 4;

(d) section 5;

(e) section 6 and the section heading for section 6;

(f) section 7;

(g) section 9.

THE SURVEYS ACT

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

83          Section 6 of The Surveys Act is amended by striking out "Minister of Intergovernmental Affairs" and substituting "minister".

THE TEACHERS' PENSIONS ACT

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

84          The definition "minister" in subsection 1(1) of The Teachers' Pensions Act is replaced with the following:

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre »)

THE TEACHERS' SOCIETY ACT

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

85          Section 1 of The Teachers' Society Act is amended by replacing the definitions "department" and "minister" with the following:

"department" means the department of government over which the minister presides and through which this Act is administered; (« ministère »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre »)

THE UNCONDITIONAL GRANTS ACT

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

86          The Unconditional Grants Act is amended by striking out "Intergovernmental Affairs" and substituting "Intergovernmental Affairs and Trade" wherever it occurs in the following provisions:

(a) subsections 3(2), (3), (4) and (5);

(b) clause 8(a).

THE UNIVERSITY OF MANITOBA ACT

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

87(1)       The University of Manitoba Act is amended by this section.

87(2)       Subsection 22(1) is amended by striking out "Minister of Advanced Education" and substituting "Minister of Advanced Education and Training".

87(3)       Clauses 26(1)(q) and 37(c) are amended by striking out "Deputy Minister of Advanced Education" and substituting "Deputy Minister of Advanced Education and Training".

THE WATER RESOURCES ADMINISTRATION ACT

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

88           Clause 7(f) of The Water Resources Administration Act is amended by striking out "Intergovernmental Affairs" and substituting "Intergovernmental Affairs and Trade".

PART 3

AMENDMENTS REQUIRED DUE TO THE INTRODUCTION OF THE YOUTH CRIMINAL JUSTICE ACT (CANADA)

THE CORRECTIONAL SERVICES ACT

C.C.S.M. c. C230 amended

89(1)        The Correctional Services Act is amended by this section.

89(2)       Subsection 1(1) is amended

(a) in clause (b) of the definition "custodial facility", by striking out "an offender, as specified in an order or committal under the Young Offenders Act (Canada)" and substituting "a young person, as specified in a youth sentence made under the Youth Criminal Justice Act (Canada)"; and

(b) by replacing the definition "young person" with the following:

"young person" means a young person as defined in the Youth Criminal Justice Act (Canada). (« adolescent »)

89(3)       Subclause 1(2)(b)(ii) is replaced with the following:

(ii) has been authorized under section 91 of the Youth Criminal Justice Act (Canada) to be temporarily absent from the facility.

89(4)       Sections 21 and 29 are amended by striking out "Young Offenders Act (Canada)" and substituting "Youth Criminal Justice Act (Canada)".

89(5)       Section 46 is amended by striking out "section 35 of the Young Offenders Act (Canada)" and substituting "section 91 of the Youth Criminal Justice Act (Canada)".

89(6)       Subsection 56(1) is amended in the part after clause (c) by striking out "Young Offenders Act (Canada)" and substituting "Youth Criminal Justice Act (Canada)".

THE PROVINCIAL COURT ACT

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

90          Clause 19(1)(a) of The Provincial Court Act is replaced with the following:

(a) is a youth justice court for the purpose of dealing with young persons and has all the powers vested in a youth justice court under the Youth Criminal Justice Act (Canada);

THE MINORS INTOXICATING SUBSTANCES CONTROL ACT

C.C.S.M. c. M197 amended

91          Subsections 7(2) and (3) of The Minors Intoxicating Substances Control Act are replaced with the following:

Penalty for contravention of subsection 3(1)

7(2)        A person who is under 18 years of age and who has been found guilty of contravening subsection 3(1) is liable to any sanction set out in section 42 of the Youth Criminal Justice Act (Canada) or any number of them that are not inconsistent with each other, but may not be sentenced to a term in custody of more than three months.

Penalty for contravention of subsection 3(2)

7(3)        A person who is under 18 years of age and who has been found guilty of contravening subsection 3(2) is liable to any sanction set out in section 42 of the Youth Criminal Justice Act (Canada) or any number of them that are not inconsistent with each other, but may not be sentenced to a term in custody.

THE PARENTAL RESPONSIBILITY ACT

C.C.S.M. c. P8 amended

92(1)       The Parental Responsibility Act is amended by this section.

92(2)       Section 4 is amended by striking out "a certificate of disposition under the Young Offenders Act (Canada)" and substituting "a certificate of decision regarding a conviction made under the Youth Criminal Justice Act (Canada)".

92(3)       Subsection 10(2) is amended by striking out "Young Offenders Act (Canada)" and substituting "Youth Criminal Justice Act (Canada)".

THE PUBLIC SCHOOLS ACT

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

93          The definition "resident pupil" in section 1 of The Public Schools Act is amended in clause (c) by striking out "Young Offenders Act (Canada)" and substituting "Youth Criminal Justice Act (Canada)".

THE SUMMARY CONVICTIONS ACT

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

94          Clause 30(h) of The Summary Convictions Act is amended by striking out "Young Offenders Act (Canada)" and substituting "Youth Criminal Justice Act (Canada)".

THE VICTIMS' BILL OF RIGHTS

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

95(1)       The Victims' Bill of Rights is amended by this section.

95(2)       Subsection 23(3) and section 32 are amended by striking out "Young Offenders Act (Canada)" and substituting "Youth Criminal Justice Act (Canada)".

95(3)       The following is added after clause 40(2)(b):

(b.1) money collected as victim fine surcharges in Manitoba pursuant to section 53 of the Youth Criminal Justice Act (Canada) and directed by the Lieutenant Governor in Council to be paid into the fund;

THE VICTIMS' RIGHTS AMENDMENT ACT

S.M. 2000, c. 33 (unproclaimed portion) amended

96          Clause (a) of the definition "offence" in subsection 1(1) of The Victims' Bill of Rights, as enacted by section 4 of The Victims' Rights Amendment Act, S.M. 2000, c. 33, is amended by striking out "Young Offenders Act (Canada)" and substituting "Youth Criminal Justice Act (Canada)".

PART 4

AMENDMENTS REQUIRED TO PROPERLY IDENTIFY COMMITTEES OF THE LEGISLATIVE ASSEMBLY

THE AUDITOR GENERAL ACT

C.C.S.M. c. A180 amended

97          Sections 2 and 3 of The Auditor General Act are amended by striking out "Privileges and Elections" wherever it occurs and substituting "Legislative Affairs".

THE CHILD AND FAMILY SERVICES ACT

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

98          Sections 8.1 and 8.2.1 of The Child and Family Services Act are amended by striking out "Privileges and Elections" wherever it occurs in the section headings and in the sections and substituting "Legislative Affairs".

THE COMMUNITIES ECONOMIC DEVELOPMENT FUND ACT

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

99          Subsection 23(2) of The Communities Economic Development Fund Act is amended by striking out "Economic Development" and substituting "Social and Economic Development".

THE CROWN CORPORATIONS PUBLIC REVIEW AND ACCOUNTABILITY ACT

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

100         Subsection 19(3) of The Crown Corporations Public Review and Accountability Act is amended by striking out "Public Utilities and Natural Resources" and substituting "Crown Corporations".

THE DEVELOPMENT CORPORATION ACT

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

101         Subsection 31(3) of The Development Corporation Act is amended by striking out "Economic Development" and substituting "Social and Economic Development".

THE ELECTIONS ACT

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

102         Subsection 10(3) of The Elections Act is amended by striking out "Privileges and Elections" and substituting "Legislative Affairs".

THE ELECTIONS FINANCES ACT

C.C.S.M. c. E32 amended

103         Subsection 99(3) of The Elections Finances Act is amended by striking out "Privileges and Elections" and substituting "Legislative Affairs".

THE MANITOBA HYDRO ACT

C.C.S.M. c. H190 amended

104         Subsection 46(2) of The Manitoba Hydro Act is amended in the section heading and in the subsection by striking out "Public Utilities and Natural Resources" and substituting "Crown Corporations".

THE LEGISLATIVE ASSEMBLY ACT

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

105         Subsection 17(3) of The Legislative Assembly Act is amended by striking out "Privileges and Elections" and substituting "Legislative Affairs".

THE LEGISLATIVE ASSEMBLY AND EXECUTIVE COUNCIL CONFLICT OF INTEREST ACT

C.C.S.M. c. L112 amended

106         Subsection 19.5(1) of The Legislative Assembly and Executive Council Conflict of Interest Act is amended by striking out "Privileges and Elections" and substituting "Legislative Affairs".

THE MANITOBA NATURAL RESOURCES DEVELOPMENT ACT

C.C.S.M. c. N33 amended

107         Subsection 8(3) of The Manitoba Natural Resources Development Act is amended in the section heading and the subsection by striking out "Economic Development" and substituting "Social and Economic Development".

THE OMBUDSMAN ACT

C.C.S.M. c. O45 amended

108(1)      The Ombudsman Act is amended by this section.

108(2)      Section 2 is amended

(a) by striking out "Privileges and Elections" wherever it occurs and substituting "Legislative Affairs"; and

(b) in the section heading for subsection (2) of the English version, by striking out "privileges and elections" and substituting "legislative affairs".

108(3)      Subsection 15.2(2) is amended by striking out "Privileges and Elections" and substituting "Legislative Affairs".

THE WORKERS COMPENSATION ACT

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

109         Section 71.3 of The Workers Compensation Act is amended by striking out "Public Utilities and Natural Resources" and substituting "Crown Corporations".

PART 5

VALIDATION

Validation of Man. Reg. 81/2004

110          The Aboriginal and Northern Affairs By-law (Approval of Estimates and Levy of Taxes 2003), Manitoba Regulation 81/2004,

(a) is validated and declared to have been lawfully made; and

(b) is deemed to have come into force on July 15, 2003.

Everything done that would have been validly done under the regulation had it been registered on July 15, 2003, is validated and deemed to have been lawfully done, and all payments required by the regulation are deemed to have been lawfully required and received as if the regulation had come into force on that day.

PART 6

COMING INTO FORCE

Coming into force

111(1)      This Act, except Part 3, sections 4, 7, 16, 25, 38, 40 and 44 and subsection 47(4), comes into force on the day it receives royal assent.

Coming into force: Part 3

111(2)      Part 3, except section 96, is deemed to have come into force on April 1, 2003.

Coming into force: section 4

111(3)      Section 4 is deemed to have come into force on February 15, 2003.

Coming into force: section 7

111(4)      Section 7 is deemed to have come into force on August 1, 2002.

Coming into force: section 16

111(5)      Section 16 comes into force on June 30, 2004, and if this Act receives royal assent after that day, section 16 is deemed to have come into force on June 30, 2004.

Coming into force: section 25

111(6)      Section 25 comes into force on the day that section 1 of The Emergency 911 Public Safety Answering Point Act, S.M. 1997, c. 19, comes into force.

Coming into force: section 38

111(7)      Section 38 comes into force on the day that section 50 of The Medical Laboratory Technologists Act, S.M. 2002, c. 12, comes into force.

Coming into force: section 40

111(8)      Section 40 is deemed to have come into force on February 25, 2003.

Coming into force: section 44

111(9)      Section 44 comes into force on the day that section 2 of The Public Health Amendment Act, S.M. 2002, c. 38, comes into force.

Coming into force: subsection 47(4)

111(10)     Subsection 47(4) is deemed to have come into force on September 1, 2003.

Coming into force: section 96

111(11)     Section 96 comes into force on the day that clause (a) of the definition "offence" in subsection 1(1) of The Victims' Rights Amendment Act, S.M. 2000, c. 33, comes into force.