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C.C.S.M. c. C150
The Coat of Arms, Emblems and the Manitoba Tartan Act
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Preamble repealed, R.S.M. 1987 Supp., c. 5, s. 2.
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1(1) In this Act, "minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act.
1(2) The Armorial Ensigns (sometimes popularly called "the original Coat of Arms") of the province are the Armorial Ensigns granted by Royal Warrant of His late Majesty King Edward VII, dated May 10, 1905, and therein described, a certified copy of which Royal Warrant is deposited in the Legislative Library and a pictorial representation of which Armorial Ensigns, printed in black and white, is set out in Schedule A.
1(3) The Armorial Ensigns referred to in subsection (2) are augmented by the Vice-Regal Warrant of His Excellency the Right Honourable Ramon John Hnatyshyn, Governor General of Canada, dated October 23, 1992 (this augmentation sometimes popularly called "the augmented Coat of Arms") as described in the Vice-Regal Warrant, a certified copy of which is deposited in the Legislative Library and a pictorial representation of which, printed in black and white, is set out in Schedule A.1.
2(1) Subject to subsection (2), unless by express permission granted by order of the Lieutenant Governor in Council, no person other than the Government of Manitoba, or a member of the Executive Council for the purposes of the government, shall mark, print, carve, engrave, or otherwise delineate or reproduce, on any thing, or publish, display, or make use of, the Armorial Ensigns of the province, in whole or in part, either in the authorized colours, or in black and white, or in any combination of colours, or otherwise, in such a way or for such purpose as to indicate or give the impression that the government, a member of the Executive Council, or a member of the Legislative Assembly, has any interest in, is associated with, or is responsible in any way for, that person or the object, land, or thing on, or in, or in respect of, which it is marked, printed, carved, engraved, delineated, reproduced, published, displayed or used.
2(2) A member of the Legislative Assembly may make use of stationery furnished to him or her by the Queen's Printer and bearing the Armorial Ensigns and so designed as to indicate that he or she is a member of the assembly.
3 Where permission is granted for the use by any person of the Armorial Ensigns, the use thereof may be limited as to place, occasion, time, or otherwise, as to the Lieutenant Governor in Council seems meet; and the permission may be granted subject to the payment of such fees, or the performance of such other conditions, as the Lieutenant Governor in Council may prescribe.
4(1) Application for permission to make use of the Armorial Ensigns of the province may be made to the minister.
4(2) The minister shall keep a record of all permits for the use of the Armorial Ensigns granted under section 3.
5(1) The flower known botanically as the aenomone patens and popularly called the "crocus" is adopted as and is the floral emblem of Manitoba.
5(2) The bird ornithologically known as Strix nebulosa and commonly called the "Great Gray Owl" is adopted as and is the avian emblem of Manitoba.
5(2.1) The animal known zoologically as Bison bison bison and commonly called the plains bison is hereby designated as the mammal emblem of Manitoba.
5(2.2) The fish known ichthyologically as Sander vitreus and commonly called the walleye is hereby designated as the fish emblem of Manitoba.
5(3) The tree known botanically as Picea glauca and commonly called the "White Spruce" is adopted as and is the arboreal emblem of Manitoba.
5(4) The soil technically known as Orthic Black Chernozem and commonly called "Newdale soil" is hereby designated as the official soil of Manitoba.
5(5) The grass known botanically as Andropogon gerardii and commonly called big bluestem is hereby designated as the grass emblem of Manitoba.
5(6) The mosasaur known as Tylosaurus pembinensis is hereby designated as the fossil emblem of Manitoba.
6(1) Subject as herein provided, the tartan
(a) a description of the design or set of which is set out in Schedule A to order in council 286/62, approved on March 5, 1962, a copy of a certified memorandum of which order in council and of Schedule A thereto, is set out in Schedule B to this Act; and
(b) of which a sample in coloured textile material is on deposit in the Archives of Manitoba; and
(c) which has been registered in the books of the Court of the Lord Lyon, King of Arms, in Scotland, as the Manitoban Tartan;
is adopted as, and is, the tartan of the Province of Manitoba, and may be more briefly designated as "the Manitoba Tartan".
6(2) Where in Schedule A to order in council 286/62 mention is made of a colour described therein as "tartan green", it shall be deemed to mean, and shall be interpreted as meaning, simply "green"; and where in Schedule A aforesaid mention is made of a colour described therein as "maroon", it shall be deemed to mean, and shall be interpreted as meaning, simply "murrey".
6(3) The use of the tartan to which reference is made in subsection (1) shall be governed by the considerations and limitations set forth in order in council 286/62 aforesaid.
6(4) The Lieutenant Governor in Council may make regulations restricting or prohibiting the use of the tartan, its design or any representation of the tartan or its design.
6(5) [Repealed] S.M. 2013, c. 39, Sch. A, s. 37.
6.1 In recognition of the role that Scottish Manitobans have played and continue to play in Manitoba's cultural heritage, April 6 in each year is declared to be "Manitoba Tartan Day".
7(1) No person shall sell, display, publish, advertise or hold out
(a) as Armorial Ensigns of the province, or as a Coat of Arms of the province; or
(b) as Armorial Ensigns or Coats of Arms that have been confirmed, declared, adopted, or officially recognized as Armorial Ensigns or a Coat of Arms of the province by the Legislature of the province or by the government;
any Armorial Ensigns or Coats of Arms other than the Armorial Ensigns declared by this Act to be the Armorial Ensigns of the province.
7(2) No person shall sell, display, publish, advertise or hold out
(a) as a tartan of the province; or
(b) as a tartan that has been confirmed, declared, adopted, or officially recognized, as a tartan of the province by the Legislature of the province or by the government;
any tartan other than the tartan adopted by this Act as the tartan of the province.
8 Every person who contravenes or refuses, omits, neglects, or fails to observe or comply with, any provision of this Act or a regulation under subsection 6(4) is guilty of an offence and liable, on summary conviction, to a fine not exceeding $100. for every day during which the offence continues and in default of payment thereof to imprisonment for a term not exceeding three months.
Schedule A [subsection 1(2)]
Armorial Ensigns ("the original Coat of Arms")
"Vert on a Rock a Buffalo statant proper, on a Chief Argent the cross of St. George."
Schedule A.1 [subsection 1(3)]
Armorial Ensigns ("the augmented Coat of Arms")
"FOR THE ARMS: Vert on a Rock a Buffalo statant proper, on a Chief Argent the cross of St. George; FOR THE CREST: Upon a helm in trian aspect Or mantled Gules doubled Argent and wreathed of these colours a beaver sejeant upholding with its back a representation of the Royal Crown proper its dexter forepaw raised holding a prairie crocus (Anemone patens) slipped also proper; AND FOR THE SUPPORTERS: Dexter a unicorn Argent armed crined and unguled Or gorged with a mural coronet Vert masoned and encircled with maple leaves Argent pendant therefrom the wheel of a Red River cart Vert sinister a horse Argent crined queued and unguled Or gorged with a collar of Prairie Indian beadwork proper pendant therefrom a cycle of life medallion Vert; AND FOR THE COMPARTMENT: A mound bearing seven prairie crocuses slipped proper between to the dexter a wheat field Or and to the sinister a forest of white spruce (Picea glauca) proper the whole rising above barry wavy Argent and Azure; AND FOR THE MOTTO: GLORIOSUS ET LIBER."