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The Amusements Act
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This version is current as of April 16, 2019.
It has been in effect since December 17, 2018.

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C.C.S.M. c. A70 The Amusements Act
Enacted by Proclamation status (for any provisions coming into force by proclamation)

RSM 1987, c. A70

• whole Act

– in force: 1 Feb 1988 (Man. Gaz.: 6 Feb 1988)

Amended by
SM 1987-88, c. 66, s. 1.1
(RSM 1987 Supp., c. 31, s. 2)
SM 1988-89, c. 13, s. 1
SM 1989-90, c. 91, s. 1
SM 1991-92, c. 7
SM 1992, c. 17
SM 1999, c. 20

• not proclaimed, but repealed by SM 2004, c. 20, s. 9

SM 2001, c. 35, s. 32

• in force: 15 Feb 2003 (Man. Gaz.: 15 Feb 2003)

SM 2001, c. 43, s. 32
SM 2004, c. 20

• in force: 1 Jun 2005 (Man. Gaz.: 21 May 2005)

SM 2012, c. 40, s. 49
SM 2013, c. 47, Sch. A, s. 119

• in force: 20 Nov 2017 (proc: 14 Aug 2017)

SM 2015, c. 17, s. 108 and 112

• not yet proclaimed

SM 2015, c. 32, s. 16
SM 2018, c. 11, s. 25

• in force: 17 Dec 2018 (proc: 13 Nov 2018)

 

C.C.S.M. c. A70

The Amusements Act

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

PART I

Definitions

1           In this Act,

"amusement park" means a tract of land used as a temporary or permanent location for amusement rides; (« parc de divertissement »)

"amusement ride" means a device or combination of devices designed or intended to entertain or amuse people by physically moving them; (« manège »)

"minister" means

(a) under Part II, the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of Part II, and

(b) under Parts III to X, the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of those Parts; (« ministre »)

"place of amusement" means any building, place, premises, room or tent where an amusement is given, held, played or takes place for which a price of admission is charged or collected, whether within the premises or elsewhere, in cash or by means of tickets, by voluntary contribution or otherwise for all or any of the persons admitted thereto; and without restricting the generality of the foregoing, includes

(a) a theatre, opera house, moving picture theatre, travelling picture show, open air theatre, amusement hall, music hall, or concert hall,

(b) a dance hall, dance pavilion or hotel, restaurant, or cafe in which facilities are supplied and used for public dancing,

(c) a circus, menagerie, midway, carnival show, grand stand, race track, race course, or pari-mutuel machine,

(d) a hockey rink, toboggan slide, roller coaster, or other riding device, or the park, field, or grounds used for athletics, baseball, football, or other outdoor games,

(e) a hall or grounds used for a combative sports contest, including a boxing or wrestling contest,

but does not include

(f) a school, college, or church, or

(g) a building owned or leased by, and operated by, the Young Men's Christian Association, the Young Women's Christian Association, or Young Men's Hebrew Association, or

(h) a building or hall operated or used for public concerts, plays, shows, dances, social gatherings, and athletic or sporting exercises, exhibitions, or contests, and other forms of amusement, and owned

(i) by a municipality, or

(ii) by the board of trustees of a school division, school district, or a school area, or

(iii) by a neighbourhood or local community organization or association;

unless, at the time the amusement is given, held, played, or takes place, the school, college, church, building, or hall, is leased or rented to any other person, corporation, association, society, or organization and occupied or used, at that time, by the lessee or tenant for the purpose of the giving, holding, playing, or taking place of the amusement; (« lieu de divertissement »)

S.M. 1991-92, c. 7, s. 2; S.M. 1992, c. 17, s. 2; S.M. 2004, c. 20, s. 2; S.M. 2015, c. 32, s. 16; S.M. 2018, c. 11, s. 25.

PART II

AMUSEMENT RIDES

2 to 6      [Repealed]

S.M. 1992, c. 17, s. 4.

Amusement ride to be safe

7(1)        No person shall, either by himself or herself or by an agent, operate or cause to be operated for profit or reward, an amusement ride unless

(a) he or she notifies the Minister of Family Services and Labour in writing, not less than three days prior to the date on which he or she intends to operate the amusement ride, of the date, place and duration of the ride; and

(b) the amusement ride is reasonably safe for participation therein by the public.

Inspection of amusement ride

7(2)        Any inspector from the Department of Family Services and Labour may enter an amusement park where an amusement ride is being operated and carry out such examinations of the ride as in his or her opinion is necessary to ascertain whether or not the amusement ride is safe within the meaning of subsection (1).

Issuance of certificate of safety

7(3)        Where after an inspection under subsection (2) an inspector finds that the amusement ride is reasonably safe for participation therein by the public, he or she may issue a certificate to that effect to the owner or operator of the amusement ride.

Certain powers of inspector

7(4)        Where after an inspection under subsection (2) an inspector finds or is of the opinion that the amusement ride is unsafe for participation therein by the public, the inspector

(a) may require the operator thereof to take such measures or do such things as the inspector considers necessary to make the amusement ride safe; or

(b) shall, where he or she is of the opinion that the amusement ride cannot be rendered safe by reasonable repairs or alterations thereto, order the operator to cease to operate that amusement ride.

S.M. 1991-92, c. 7, s. 3; S.M. 2001, c. 43, s. 32; S.M. 2012, c. 40, s. 49.

Inspection fee

8           Every person who operates an amusement ride, shall pay to the inspector who carries out the inspection of the amusement ride under section 7 such fees as may be prescribed by regulations.

Offences

9(1)        Any person

(a) who continues to operate an amusement ride after it is found to be unsafe by an inspector under subsection 7(2); or

(b) who fails to notify the Minister of Family Services and Labour in accordance with clause 7(1)(a); or

(c) refuses, fails or neglects to comply with an order, directive or requirement of an inspector under subsection 7(4); or

(d) obstructs, hinders or prevents an inspector from carrying out an inspection under subsection 7(2); or

(e) fails or refuses to pay an inspection fee as required under section 8;

is guilty of an offence, and subject to subsection (2) is liable on summary conviction to a fine not exceeding $500.

Continuing offence

9(2)        Where a person is found guilty of an offence under clause (1)(a), (b) or (c), the person is guilty of a separate offence for every day that the offence continues.

S.M. 1991-92, c. 7, s. 4; S.M. 2001, c. 43, s. 32; S.M. 2012, c. 40, s. 49.

Exemption from civil liability

10          Where a person suffers any injury resulting from the participation by that person in an amusement ride that has been certified as being safe under subsection 7(3), neither the inspector nor the Crown in right of Manitoba is liable to that person for the injury suffered unless the inspector was negligent in his or her inspection of the amusement ride.

S.M. 1991-92, c. 7, s. 5.

PARTS III to IX

11 to 55    [Repealed]

R.S.M. 1987 Supp., c. 31, s. 2; S.M. 1989-90, c. 91, s. 1; S.M. 1991-92, c. 7, s. 6 to 13; S.M. 2001, c. 35, s. 32; S.M. 2004, c. 20, s. 3 to 8; S.M. 2013, c. 47, Sch. A, s. 119; S.M. 2018, c. 11, s. 25.

PART X

GENERAL

56 to 59    [Repealed]

S.M. 2018, c. 11, s. 25.

Scalping

60          No person shall sell, barter or exchange for anything any ticket of admission to a place of amusement for a price or consideration greater than that paid or given therefor to the owner of the place of amusement to which it is an admission.

61          [Repealed]

S.M. 2018, c. 11, s. 25.