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The Order of Manitoba Act
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This version is current as of August 17, 2017.
It has been in effect since June 2, 2017.

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C.C.S.M. c. O75

The Order of Manitoba Act

(Assented to July 14, 1999)

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

Definitions

1           In this Act,

"council" means the Order of Manitoba Advisory Council established in section 12; (« Conseil »)

"Order" means the Order of Manitoba established in section 2; (« Ordre »)

"secretary" means the secretary of the council appointed under section 14. (« secrétaire »)

Order of Manitoba established

2           The Order of Manitoba is hereby established.

Object of Order

3           The object of the Order is to recognize individuals who have demonstrated excellence and achievement in any field of endeavour benefiting in an outstanding manner the social, cultural or economic well-being of Manitoba and its residents.

Chancellor

4           The Lieutenant Governor, by virtue of his or her office, is a member of the Order and is the Chancellor of the Order.

Precedence

5           The Order is the highest honour of Manitoba and takes precedence over all other orders, decorations and medals conferred by the Crown in right of Manitoba.

Membership

6(1)        On being vested with the Order, a person is a member of the Order for life.

Evidence of membership

6(2)        A member of the Order shall receive letters patent signed by the Chancellor and sealed with the Great Seal as evidence of membership and shall be presented with the insignia of the Order.

Privileges of Order

7           A member of the Order is entitled to wear the insignia of the Order as a decoration and to use the initials "O.M." after his or her name.

Eligibility for membership

8(1)        Canadian citizens who are current or former long-term residents of Manitoba are eligible to be nominated for and to receive the Order.

Ineligible persons

8(2)        Despite subsection (1), the following are not eligible to be nominated for or to receive the Order while they are in office:

(a) members of the Legislative Assembly of a province or members of the Senate or the House of Commons of Canada;

(b) judges of any court.

Posthumous appointments

8(3)        The Order shall not be conferred posthumously except in the case of a nominee who dies after being recommended under section 10 to receive the Order.

Nomination process

9           Any individual or organization may nominate an individual for the Order by submitting the name of the individual to the secretary of the council.

Council to consider nominations

10(1)       The council must consider all the nominations it receives under section 9.

Recommendations for appointment

10(2)       The council must submit to the Chancellor the names of no more than 12 nominees each year whom the council considers worthy of receiving the Order, unless an order is made under subsection (3) increasing the number of nominees.

Order authorizing additional appointments

10(3)       The Lieutenant Governor in Council may, by order, specify an increase in the number of nominees for a particular year, to a maximum of 14. In that event, the council must submit to the Chancellor the number of nominees specified in the order.

S.M. 2001, c. 47, s. 2; S.M. 2010, c. 14, s. 2.

Appointment process

11          The Chancellor shall invest the individuals whose names are submitted by the council with the Order.

Council established

12(1)       The Order of Manitoba Advisory Council is hereby established consisting of

(a) four members, each of whom is a member by virtue of his or her office, of whom

(i) one is the Chief Justice of Manitoba or, where he or she is unable to serve on the council for any reason, the Chief Justice of the Court of Queen's Bench,

(ii) one is the Clerk of the Executive Council, and

(iii) one is the President of The University of Manitoba, Brandon University or The University of Winnipeg, each serving for a term of two years on a rotating basis in the order that they are listed, and

(iv) one is the President of the Université de Saint-Boniface, University College of the North, the corporation established by The Mennonite College Federation Act or Red River College, each serving for a term of two years on a rotating basis in the order that they are listed; and

(b) not more than six members appointed by the Lieutenant Governor in Council, each for a term of three years.

Chairperson

12(1.1)     The President of the Executive Council must designate one of the members of the council as chairperson for a specified term. That term may not exceed the term the member is otherwise permitted to serve under this section.

Chairperson eligible for reappointment

12(2)       The chairperson is eligible for reappointment.

Members eligible for one additional term

12(3)       A member of the council appointed under clause (1)(b) is eligible for reappointment for one additional term and, in any event, serves until reappointed or until his or her successor is appointed, as the case may be.

No remuneration

12(4)       The chairperson and members of the council are not entitled to any remuneration, but may be reimbursed for expenses reasonably incurred in carrying out their responsibilities, in accordance with rates established for the public service.

S.M. 2010, c. 14, s. 3; S.M. 2011, c. 16, s. 45; S.M. 2017, c. 26, s. 18.

Duties of the council

13(1)       The council shall meet at least once in each year

(a) for the purpose set out in section 10; and

(b) for the purpose of discussing any matters related to the technical aspects of the Order that the council considers necessary.

Procedures

13(2)       The council may determine the procedures for the conduct of its business.

Secretary of council

14(1)       The Lieutenant Governor in Council may appoint the Director of Protocol of the government or another employee of the government to be the secretary of the council.

Duties of secretary

14(2)       The secretary shall

(a) maintain the records of the Order and the council;

(b) receive nominations for the Order on behalf of the council under section 9;

(c) make the arrangements associated with investitures; and

(d) perform any other functions with respect to the Order that the council may require.

Resignation from Order

15(1)       Despite section 6, a member of the Order may resign from the Order by giving written notice of intention to resign, signed by the member, to the Chancellor.

Termination of membership in Order

15(2)       Despite section 6, the Chancellor may terminate a person's membership in the Order, on the recommendation of the council, by revoking the letters patent of the member.

Return of insignia, etc.

15(3)       A person who ceases to be a member of the Order under subsection (1) or (2) shall immediately return to the secretary the letters patent and the insignia of the Order that were presented to him or her on investiture with the Order.

Offence and penalty

16          A person who is not a member of the Order and who

(a) holds himself or herself out as a member of the Order;

(b) displays or uses any insignia of the Order; or

(c) uses the initials of the Order after his or her name;

is guilty of an offence and is liable on summary conviction to a fine of not more than $2,000.

Regulations

17          The Lieutenant Governor in Council may make regulations

(a) prescribing the insignia of the Order;

(b) respecting any other matter the Lieutenant Governor in Council considers necessary to carry out the purposes of this Act.

C.C.S.M. reference

18          This Act may be referred to as chapter O75 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

19          This Act comes into force on the day it receives royal assent.