5th Session, 42nd Legislature

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Bill 31


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

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

C.C.S.M. c. A84 amended

1   The Animal Care Act is amended by this Act.

2   The following is added after subsection 24(1):

Certificate registered in court

24(1.1)   The director may certify a debt referred to in subsection (1), or any part of such a debt that has not been paid. The certificate may be registered in the court and, once registered, may be enforced as if it were a judgment of the court.

3   Section 33.6 is replaced with the following:

Filing an appeal

33.6(1)   A person who has a right to appeal a decision or order to the appeal board under this Act may commence an appeal by filing a notice of appeal with the board.

Time limit for filing

33.6(2)   A notice of appeal must be filed within the time limit set out in the provision under which the right of appeal is provided.

Extending the time limit

33.6(3)   The appeal board may extend the time limit for commencing an appeal and may do so either before the time limit expires or within one day after it expires.


33.6(4)   A notice of appeal must be in writing and must state the reasons for the appeal.

4   Sections 33.9 to 33.11 are renumbered as sections 33.14 to 33.16.

5   The following is added as sections 33.12 and 33.13:


33.12   The appeal board may hold a hearing orally or in writing, or partly orally and partly in writing. An oral hearing may be conducted by telephone or through the use of other electronic means that permits the appeal board and the parties to communicate with each other simultaneously.

Dismissal of appeal

33.13(1)   The appeal board may dismiss an appeal or part of an appeal if

(a) it is not within the jurisdiction of the appeal board;

(b) it was not filed within the applicable time limit;

(c) in the opinion of the appeal board, its subject matter is trivial or the appeal is not made in good faith or is frivolous, vexatious or an abuse of process;

(d) in the opinion of the appeal board, there is no reasonable prospect that it will succeed; or

(e) its subject matter is being or has been dealt with appropriately according to a procedure provided for under another Act.

Opportunity to make submissions

33.13(2)   Before dismissing an appeal or part of an appeal, the board must give the appellant an opportunity to make a written submission on the dismissal.

Reasons for dismissal

33.13(3)   The appeal board must give written reasons to the parties if it dismisses an appeal or part of an appeal.

Timing of dismissal

33.13(4)   The appeal board may dismiss an appeal or part of an appeal at any time before the start of the hearing.

Transitional — pending proceedings

6   This Act does not apply to the following:

(a) any matter appealed to the appeal board before the coming into force of this Act that has not been finally disposed of immediately before this Act comes into force;

(b) any matter for which the time period to file a notice of appeal with the appeal board has commenced but not yet expired on the coming into force of this Act.

Coming into force

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

Explanatory Note

This Bill amends The Animal Care Act.

The time limit for an appeal may be extended by the Animal Care Appeal Board. The appeal board may also dismiss a matter without a hearing in certain circumstances. Administrative amendments are made regarding notices of appeal filed with the appeal board.

Amendments are also made regarding collection of costs under the Act.