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The Pay Equity Act
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This version is current as of December 5, 2016.
It has been in effect since September 1, 2011.

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C.C.S.M. c. P13

The Pay Equity Act

(Assented to July 11, 1985)

WHEREAS many women in the Manitoba labour force work in traditionally female occupational groups, where their work is undervalued and underpaid;

AND WHEREAS Canada's international obligations commit this country to implementing the principle of equal pay for work of equal value;

AND WHEREAS section 15 of the Canadian Charter of Rights and Freedoms guarantees individuals equality before and under the law and the right to the equal protection and equal benefit of the law without discrimination;

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

Definitions

1           In this Act

"arbitration board" means an arbitration board constituted as a result of a referral to arbitration under subsections 10(1), (2) and (3); (« comité d'arbitrage »)

"association" means the association as defined in clause 2(1)(c) of The Civil Service Act and commonly known as the Manitoba Government Employees Association; (« Association »)

"bargaining agent" means a bargaining agent as defined in clause 1(c) of The Labour Relations Act; (« agent négociateur »)

"board" means The Manitoba Labour Board continued by subsection 119(1) of The Labour Relations Act; (« Commission »)

"Bureau" means The Pay Equity Bureau established under subsection 5(1); (« Bureau »)

"civil service" or "service" means the employees of the government in positions, appointments, or employments, now existing or hereafter created, including the employees of any agency of the government to whom any provision of The Civil Service Act has been declared to apply, pursuant to subsection 2(3) of that Act, or pursuant to the provisions of any other Act of the Legislature, but excepting thereout

(a) persons employed to make or conduct a temporary and special inquiry, investigation or examination, on behalf of the assembly or the government,

(b) persons who are patients, residents or inmates in a provincial institution and who help in the work of the institution, and

(c) any person paid by fees or hired on a special contractual basis or as an independent contractor; (« fonction publique »)

"class" or "class of positions" means a group of positions involving duties and responsibilities so similar that the same or like qualifications may reasonably be required for, and the same schedule or grade of pay can be reasonably applied to, all positions in the group; (« catégorie » ou « catégorie d'emplois »)

"commission" means the Civil Service Commission constituted under The Civil Service Act;

"Crown entity" means, for the purposes of this Act, any board, commission, association or other body corporate, all the members of which, or all the members of the board of management or board of directors of which,

(a) are appointed by an Act of the Legislature or by the Lieutenant Governor in Council, or

(b) are elected, directly or indirectly by the government in its capacity as shareholder, or by a corporation which is owned or controlled by the government, or

(c) it not so appointed or elected, are, in the discharge of their duties, public officers or servants of the Crown, or, for the purpose of the discharge of their duties are, directly or indirectly, responsible to the Crown,

but does not include any board, commission, association or other body, the employees of which are subject to The Civil Service Act; (« organisme gouvernemental »)

"employee representative" means a person elected in accordance with the regulations by persons who are employed by a Crown entity or external agency, and who are employees within the meaning of The Labour Relations Act but who have no bargaining agent; (« représentant des employés »)

"executive director" means the executive director of The Pay Equity Bureau, employed pursuant to subsection 5(1); (« directeur général »)

"external agency" means

(a) any Health Care Facility or Post-Secondary Educational Institution named in Schedule A to this Act, and

(b) any other person or organization that receives from the government in any year from and out of the Consolidated Fund, moneys by way of grant or otherwise, equal to 50% or more of the annual revenue of the agency,

but does not include the civil service, Crown entities, school boards under The Public Schools Act, municipalities or local government districts, or communities under The Northern Affairs Act; (« agence extérieure »)

"female-dominated class" means

(a) a class in which there are 10 or more incumbents, as of the date any public sector employer is required to commence action to implement pay equity, of whom 70% or more are women,

(b) in the case of a public sector employer which employs 500 or more employees as of the date referred to in sub-clause (i), such other classes, irrespective of the number of incumbents and gender distribution, as the employer, bargaining agents and employee representatives affected may agree should be considered female-dominated, and

(c) in the case of a public sector employer which employs less than 500 employees as of the date referred to in sub-clause (i), such other classes as may be further defined in the regulations; (« catégorie à prédominance féminine »)

"male-dominated class" means

(a) a class in which there are 10 or more incumbents, as of the date any public sector employer is required to commence action to implement pay equity, of whom 70% or more are men,

(b) in the case of a public sector employer which employs 500 or more employees as of the date referred to in sub-clause (i), such other classes, irrespective of the number of incumbents and gender distribution, as the employer, bargaining agents and employee representatives affected may agree should be considered male-dominated, and

(c) in the case of a public sector employer which employs less that 500 employees as of the date referred to in sub-clause (i), such other classes as may be further defined in the regulations; (« catégorie à prédominance masculine »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

"pay equity" means a compensation practice which is based primarily on the relative value of the work performed, irrespective of the gender of employees, and includes the requirement that no employer shall establish or maintain a difference between the wages paid to male and female employees, employed by that employer, who are performing work of equal or comparable value; (« égalité des salaires »)

"Pay Equity Commissioner" means a member of the commission designated as such under subsection 12(1); (« commissaire à l'égalité des salaires »)

"Pay Equity Officer" means a person designated as such pursuant to subsection 17(1); (« directeur du contrôle de l'égalité des salaires »)

"private sector" means, for the purposes of this Act, those employers and employees whose labour relations are within the exclusive jurisdiction of the Legislature to regulate, but does not include the public sector; (« secteur privé »)

"public sector" means, for the purposes of this Act, the civil service, Crown entities and external agencies; (« secteur public »)

"public sector employer" means the government, the commission, a Crown entity or an external agency, as the case may require; (« employeur du secteur public »)

"regulations" mean regulations made under this Act; (« règlements »)

"wages" means any form of remuneration payable or benefit provided by an employer for work performed by an individual and "wage" or "wage rate" has a corresponding meaning. (« salaires »)

S.M. 1993, c. 29, s. 195; S.M. 2004, c. 16, s. 43.

General objects and purposes

2           The objects and purposes of this Act are

(a) to establish the principle of pay equity in Manitoba; and

(b) to inform employers, employees and bargaining agents, within the public and private sectors, of the principles and practices of pay equity.

Application of the Act

3           This Act applies to

(a) the Crown in right of Manitoba; and

(b) the civil service, every Crown entity and external agency.

Primacy of the Act

4(1)        Subject to subsection (2), in the event of a conflict between this Act or any regulation made under this Act, and any other Act of the Legislature, or any regulation made thereunder, this Act and the regulation made thereunder shall take precedence.

Saving provision for equal pay for equal work

4(2)        Nothing in this Act limits or abrogates any obligations of employers or other persons, or any rights to which employees are entitled under section 82 of The Employment Standards Code.

S.M. 1998, c. 29, s. 157.

PART I

PAY EQUITY BUREAU AND OTHER PROVISIONS

Pay Equity Bureau

5(1)        The minister shall establish a division within the department of the executive government of the province for which the minister is responsible to be known as The Pay Equity Bureau and a person shall be employed under The Civil Service Act as executive director to manage and carry out the affairs of the Bureau.

Duties of the executive director

5(2)        The executive director shall, in accordance with the objects and purposes of this Act

(a) ensure that persons and organizations to whom this Act applies are provided with information and advice pertaining to its administration and to the implementation of pay equity;

(b) monitor the progress of public sector employers in the implementation of pay equity;

(c) submit to the minister at least once in every 12 months, a detailed report setting out the progress in the implementation of pay equity;

(d) prepare and maintain statistics relating to the implementation of pay equity either alone or in conjunction with the commission, or any other public sector employer; and

(e) perform such other duties as may be assigned under this Act or the regulations.

Powers of executive director

5(3)        The executive director, through the Bureau, may, in accordance with the objects and purposes of this Act

(a) provide information to any person concerned with pay equity in the public or private sectors, and provide assistance to employers, employees and bargaining agents in implementing pay equity;

(b) carry out studies and research relating to pay equity and make arrangements for their publication;

(c) prepare such pamphlets and educational material relating to pay equity as may, in the opinion of the executive director, be desirable, and make arrangements for the dissemination of such materials;

(d) encourage, develop and conduct, either alone or in co-operation with organizations concerned with the objects and purposes of this Act, education and information programs relating to pay equity;

(e) require from the commission, a Crown entity, external agency, the Pay Equity Commissioner or a Pay Equity Officer, such reports, plans and information in their possession or control as the executive director reasonably believes are or may be necessary to enable the executive director to discharge the duty under clause (2)(b); and the commission, entity, agency, Commissioner or Officer shall provide the required material to the executive director within such reasonable time as the executive director specifies; and

(f) file a complaint with the board if any person fails to provide the material required under clause (e).

Tabling of report in the Assembly

5(4)        The minister shall table a copy of the report made to the minister under clause (2)(c) in the Assembly, if it is then in session, and if not then in session, within 45 days of the commencement of the next ensuing session thereof.

Determination of value

6(1)        In determining value for the purposes of this Act, the criterion to be applied is the composite of the skill, effort and responsibility normally required in the performance of the work and the conditions under which the work is performed.

Average and indirect comparisons of value permitted

6(2)        Where a public sector employer, in accordance with the procedures for negotiation hereinafter set out, adjusts its compensation practices so that female-dominated classes are assigned a schedule or grade of pay equal to the average or projected average schedule or grade of pay of male-dominated classes performing work of equal or comparable value, the employer shall be deemed to have complied with the obligation to implement pay equity.

Wages not to be reduced

7(1)        No public sector employer shall reduce the wages of any employee in order to implement pay equity pursuant to this Act.

Adjusted wage schedules

7(2)        No public sector employer shall place any employee in a lower step of a schedule or grade of pay, which has been adjusted upward in order to implement pay equity.

Limitation on pay equity wage adjustments

7(3)        Nothing in this Act requires any public sector employer to implement pay equity wage adjustments

(a) in any 12 month period, in an amount in excess of 1% of the total payroll of the employer for the immediately preceding 12 month period; and

(b) after the employer concerned has made such adjustments during 4 consecutive 12 month periods.

PART II

CIVIL SERVICE

Pay equity in the civil service

8(1)        Subject to section 7 and subsection (2), commencing on October 1, 1985, the government and the commission shall take such action as may be necessary to implement pay equity throughout the civil service.

Negotiation of pay equity

8(2)        Throughout the process of implementation of pay equity referred to in subsection (1), the government and the commission shall

(a) meet and confer with all of the bargaining agents having bargaining rights for employees in the civil service;

(b) disclose to the bargaining agents affected, information in the possession or control of the commission relevant to the implementation of pay equity; and

(c) bargain in good faith with the bargaining agents affected, making every reasonable effort to reach agreement respecting the implementation of pay equity.

Obligation of bargaining agents

8(3)        All of the bargaining agents referred to in clause 2(a) shall bargain in good faith making every reasonable effort to reach agreement with the government and the commission respecting the implementation of pay equity.

Reaching agreements on pay equity

9(1)        Without limiting the generality of subsection 8(1), the commission and the bargaining agents shall

(a) endeavour to reach an agreement, by no later than June 30, 1986, respecting

(i) the development or selection, and application, of a single gender-neutral job evaluation system, to all female-dominated and male-dominated classes in the civil service, and

(ii) the fixing of the classes to which the required job evaluation system shall be applied;

(b) in accordance with the agreement, apply the required job evaluation system in order to determine and compare the value of the work performed by female-dominated and male-dominated classes; and

the government and the bargaining agents shall

(c) endeavour to reach an agreement, by no later than September 30, 1987, respecting the quantum, allocation and orderly implementation of pay equity wage adjustments required by this Act;

and the government shall implement such wage adjustments as may be necessary to establish pay equity in accordance with the agreement described in clause (c).

Filing of reports

9(2)        The commission and the bargaining agents affected shall each file with the executive director

(a) by no later than July 30, 1986, a copy of the agreement described in clause (1)(a); and

(b) by no later than October 30, 1987, a copy of the agreement described in clause (1)(c).

Referral by parties to arbitration

10(1)       Where the parties fail to reach the agreements described in clauses 9(1)(a) and 9(1)(c) within the times respectively set out in those clauses, either the government or the association may refer the matter to arbitration.

Referral by executive director to arbitration

10(2)       Where the agreements referred to in clauses 9(1)(a) and 9(1)(c) are not filed within the times required by subsection 9(2), and the matter has not been referred to arbitration under subsection (1), the executive director shall, following consultation with the commission and the bargaining agents affected, refer it to arbitration.

Referral of failure to implement plan of wage adjustments

10(3)       Where the government fails to implement wage adjustments required by this Act, the executive director or the association may refer the matter to arbitration.

Procedures for appointment

10(4)       Subject to subsection (5) the provisions for the appointment, constitution and procedure of arbitration boards in sections 48 to 55 inclusive, of The Civil Service Act apply, with the necessary modifications, to a referral to arbitration under this section.

Bargaining agents to be parties

10(5)       Where a matter is referred to arbitration all of the bargaining agents having bargaining rights for employees in the civil service shall be parties to the arbitration proceedings, and an order or award of an arbitration board is final and binding on all of the parties to the proceedings.

Time limits and enforcement of arbitration awards

10(6)       Sections 113, 113.1, 113.2 and 113.3 of The Labour Relations Act apply, with the necessary modifications, to a referral to arbitration under this section.

Remedial authority of the arbitrator

10(7)       After hearing a matter referred to arbitration, the arbitration board shall make 1 or more orders to rectify the matter in dispute including without limiting the generality of the foregoing

(a) an order settling the provisions of the agreement described in clause 9(1)(a) including

(i) an order determining the job evaluation system required to be applied to all female-dominated and male-dominated classes in the civil service,

(ii) an order that job evaluation be carried out under prescribed conditions, and

(iii) an order fixing the classes to which a job evaluation system shall be applied;

(b) subject to section 7, an order settling the provisions of the agreement described in clause 9(1)(c) including

(i) an order fixing the quantum and allocation of wage adjustments required to be made to comply with this Act,

(ii) an order providing for the orderly implementation of those adjustments within not more than 4 consecutive 12 month periods, commencing during the 12 month period immediately following the date referred to in clause 9(1)(c); or

(c) an order that wage adjustments be implemented in accordance with any agreement reached by the parties described in clause 9(1)(c), or any agreement settled under clause (b).

Settled provisions deemed agreements

10(8)       Where the arbitration board settles the provisions of an agreement under clause (7)(a) or (b), the settled provisions shall be deemed to be agreements under clause 9(1)(a) or (c) and shall be binding upon the parties.

Saving remedial power if arbitration delayed

10(9)       Where an arbitration board makes an order under clause (7)(b), if the first 12 month period described in sub-clause (7)(b)(ii) has expired, the arbitration board may order that such retroactive wage adjustments as may be necessary and would otherwise be permitted by this Act, be made with respect to that time period.

Further obligations of the commission

11          The commission shall

(a) throughout the process of implementation of pay equity referred to in subsection 8(1), co-operate with representatives of the Bureau, and in particular provide the executive director with such reports, plans and information as the executive director may require; and

(b) report to the minister on its progress in implementation of pay equity, at such times and with such information as may be specified in the regulations.

Designation of Pay Equity Commissioner

12(1)       The Lieutenant Governor in Council shall designate a member of the commission as Pay Equity Commissioner.

Responsibilities of Pay Equity Commissioner

12(2)       The Pay Equity Commissioner shall, in addition to the Commissioner's other responsibilities under The Civil Service Act, ensure that pay equity is implemented within the civil service in accordance with this Act, and in particular shall

(a) in consultation with the commission, initiate and oversee

(i) the negotiations to be undertaken by the commission respecting the implementation of pay equity, and

(ii) the actions required to be taken by employees of the commission and by administrators of government departments to implement pay equity in accordance with agreements reached with bargaining agents or orders made by an arbitration board; and

(b) assemble and prepare, such reports, plans and information as the commission or the Commissioner is required to provide to the executive director under clauses 5(3)(e) and 11(a).

PART III

CROWN ENTITIES AND EXTERNAL AGENCIES

Crown entities, external agencies and pay equity

13(1)       Subject to section 7 and subsection (2), commencing on October 1, 1986, every Crown entity and every external agency named in Schedule A to this Act, shall take such action as may be necessary to implement pay equity throughout each such entity or agency.

Entities and agencies to negotiate

13(2)       Throughout the process of implementation of pay equity referred to in subsection (1), each such entity and agency shall

(a) meet and confer with all of the bargaining agents with bargaining rights for employees in the entity or agency and with such employee representatives, if any, as may be elected in accordance with the procedures set out in the regulations;

(b) disclose to the bargaining agents and employee representatives affected, information in its possession or control relevant to the implementation of pay equity; and

(c) bargain in good faith with the bargaining agents and employee representatives affected, making every reasonable effort to reach agreement respecting the implementation of pay equity.

Obligation of bargaining agents

13(3)       All of the bargaining agents and employee representatives referred to in clause 2(a) shall bargain in good faith making every reasonable effort to reach agreement with the entity or agency affected respecting the implementation of pay equity.

Specific obligations of entities, agencies and bargaining agents

14(1)       Without limiting the generality of subsection 13(1), every Crown entity and every external agency named in Schedule A, and every affected bargaining agent and employee representative shall

(a) endeavour to reach an agreement, by no later than June 30, 1987, respecting

(i) the development or selection, and application, of a single gender-neutral job evaluation system, to all female-dominated and male-dominated classes in the entity or agency, and

(ii) the fixing of the classes to which the required job evaluation system shall be applied;

(b) in accordance with the agreement, apply the required job evaluation system in order to determine and compare the value of the work performed by female-dominated and male-dominated classes; and

(c) endeavour to reach an agreement by no later than September 30, 1988, respecting the quantum, allocation and orderly implementation of pay equity wage adjustments required by this Act;

and each such entity or agency shall implement such wage adjustments as may be necessary to establish pay equity in accordance with the agreement described in clause (c).

Filing of reports

14(2)       Each Crown entity, external agency, bargaining agent and employee representative affected, shall file with the executive director

(a) by no later than July 30, l987, a copy of the agreement described in clause (1)(a); and

(b) by no later than October 30, l988, a copy of the agreement described in clause (1)(c).

Referral by parties to labour board

15(1)       Where any Crown entity or external agency and the bargaining agents and employee representatives affected, fail to reach the agreements described in clauses 14(1)(a) and (c) within the times respectively set out in those clauses, any of them may refer the matter to the board for adjudication.

Referral by executive director to labour board

15(2)       Where the agreements referred to in clauses 14(1)(a) and (c) are not filed within the times required by subsection 14(2), and the matter has not been referred to the board under subsection (1), the executive director shall, following consultation with the parties referred to in subsection (1), refer the matter to the board.

Further referral

15(3)       Where any Crown entity or external agency fails to implement wage adjustments required by this Act, the executive director, or any bargaining agent or employee representative affected, may refer the matter to the board.

Labour board to hear and determine

15(4)       Where a matter is referred to the board under subsection (1), (2) or (3), the Crown entity, external agency, and all of the bargaining agents and employee representatives affected, shall be parties to the matter and the board shall proceed to hear and determine it.

Labour Relations Act procedure

15(5)       Sections 120, 121 except subsections (7) and (8) thereof, sections 121.2, 121.3 and 121.4 of The Labour Relations Act apply, with the necessary modifications and subject to the regulations, in respect of any matter referred to the board under subsection (1), (2) or (3).

Executive director's report

15(6)       Where a matter is referred to the board under subsection (1), (2), or (3), the executive director shall prepare a report with respect thereto, and it shall be filed as evidence in the proceedings before the board.

Copies to parties

15(7)       All parties to the proceedings shall be given copies of the report filed under subsection (6) and the executive director may be required to testify in the proceedings before the board.

Remedial authority of the board

15(8)       Subsections 10(7), (8) and (9) apply, with the necessary modifications, to any referral under this section to the board.

Further obligations of Crown entities and external agencies

16          Every Crown entity, and every external agency named in Schedule A, shall throughout the process of implementation of pay equity referred to in subsection 13(1), co-operate with representatives of the Bureau, and in particular provide the executive director with such reports, plans and information as the executive director may require.

Designation of Pay Equity Officer

17(1)       The Lieutenant Governor in Council may by regulation under clause 19(d), require any Crown entity or any external agency, after consultation with bargaining agents having bargaining rights for employees of the entity or agency, to designate any member, officer, or other person as a Pay Equity Officer for the entity or agency.

Duty of Pay Equity Officer

17(2)       The Pay Equity Officer shall, in addition to any other responsibilities of the Officer within the Crown entity or external agency, ensure that pay equity is implemented among all of the employees of the entity or agency in accordance with this Act and the regulations and in particular shall

(a) initiate and oversee

(i) the negotiations required to be undertaken by the entities or agencies, and

(ii) the actions required to be taken by administrators of the entity or agency to implement pay equity in accordance with agreements reached with bargaining agents and employee representatives or orders made by the board; and

(b) assemble and prepare, such reports, plans and information as the Officer, entity or agency is required to provide to the executive director under clause 5(3)(e) and section 16.

Other external agencies to be designated

18(1)       The Lieutenant Governor in Council may, from time to time, designate by regulation under clause 19(c), other external agencies which shall take such action as may be necessary to implement pay equity throughout each such agency.

Provisions to apply

18(2)       All of the provisions of this Act except Part II other than subsections 10(7), (8) and (9), apply, with the necessary modifications and subject to subsection (3), to every external agency designated in accordance with subsection (1).

Times for implementation, etc.

18(3)       In the regulation designating an external agency referred to in subsection (1), the Lieutenant Governor in Council shall prescribe the dates

(a) when action to implement pay equity must commence;

(b) when agreements of the kind described in clauses 14(1)(a) and (c) shall be completed and filed;

(c) when a referral to the board may be made by the external agency, a bargaining agent or employee representative affected; and

(d) when a referral to the board may be made by the executive director.

Matters to be considered in designating agencies

18(4)       In designating external agencies under subsection (1) and prescribing dates under subsection (2), the Lieutenant Governor in Council shall have regard to the need for an orderly process of implementation of pay equity, taking into account

(a) the number of employees of the agency and the gender distribution of those employees; and

(b) such other factors as are, in the opinion of the Lieutenant Governor in Council, relevant.

PART IV

GENERAL

Regulations

19          For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by this section, has the force of law; and without restricting the generality of the foregoing, the Lieutenant Governor in Council may make such regulations and orders not inconsistent with any other provision of this Act

(a) further defining what constitutes a "male-dominated", and a "female-dominated" class in accordance with sub-clause 1(iii) of the definitions of those terms;

(b) prescribing the content and format of

(i) information, plans and reports required to be filed with the Bureau by any public sector employer, and

(ii) information to be included in a report required to be made by the commission pursuant to clause 11(b);

(c) designating external agencies under subsection 18(1) and specifying the dates referred to in subsection 18(3);

(d) requiring a Crown entity or external agency to designate under subsection 17(1) any member, officer, or other person as a Pay Equity Officer for the entity or agency;

(e) prescribing procedures

(i) for the election of one or more employee representatives in a Crown entity or external agency,

(ii) for the filing of a complaint with the board with respect thereto, and

(iii) for the filing of a complaint with the board by the executive director under clause 5(3)(f),

and specifying which provisions of The Labour Relations Act shall apply to enable the board to hear and determine any such complaints and to enforce its orders or decisions; and

(f) designating 1 or more special panels of the board to hear and determine any matter referred to it under this Act.

Reference in Continuing Consolidation

20          This Act may be referred to as chapter P13 of the Continuing Consolidation of the Statutes of Manitoba.

Commencement of Act

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

SCHEDULE A

EXTERNAL AGENCIES

Health Care Facilities

1. Bethesda Hospital

2. Brandon Hospital

3. Churchill Hospital

4. Concordia Hospital

5. Dauphin Hospital

6. Deer Lodge Hospital

7. Flin Flon Hospital

8. Grace Hospital

9. Health Sciences Centre

10. Manitoba Cancer Foundation, The

11. Misericordia Hospital

12. Morden District Hospital

13. Morris Hospital

14. Portage Hospital

15. Selkirk Hospital

16. Seven Oaks Hospital

17. St. Amant Centre

18. St. Boniface Hospital

19. Steinbach Hospital

20. Swan River Hospital

21. The Pas Hospital

22. Thompson Hospital

23. Victoria Hospital

24. Winkler Bethel Hospital

Post-Secondary Educational Institutions

1.

Brandon University

2.

Université de Saint-Boniface

3.

University of Manitoba

4.

University of Winnipeg

5.

University College of the North

S.M. 2004, c. 16, s. 43; S.M. 2005, c. 13, s. 16; S.M. 2011, c. 16, s. 46.