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1st Session, 43rd Legislature

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Bill 11

THE STATUTES AND REGULATIONS AMENDMENT AND INTERPRETATION AMENDMENT ACT


  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. S207 amended

1(1)   The Statutes and Regulations Act is amended by this section.

1(2)   Subclause 8(1)(a)(ii) of the French version is amended by striking out "toute personne ou entité, y compris le lieutenant-gouverneur en conseil, un ministre, un groupe de ministres" and substituting "le lieutenant-gouverneur en conseil, un ministre, un groupe de ministres, un particulier".

1(3)   The following is added after section 26 as part of Part 4:

Regulations — gender-neutral style

26.1(1)   The Lieutenant Governor in Council may, by regulation, make amendments to a regulation to achieve a gender-neutral style even if the regulation was made or approved by a minister or group of ministers, an individual or a government agency.

Multiple regulations

26.1(2)   A regulation made under this section may amend more than one regulation at the same time.

Restriction on amendments

26.1(3)   Nothing in this section authorizes an amendment to a regulation that would not have been authorized by the Act under which the regulation was made.

Revision power — gender-neutral nouns and pronouns

26.2(1)   The chief legislative counsel may revise language and grammar in legislation to replace the exclusive use of masculine or feminine nouns and pronouns or binary pronouns with equivalent gender-neutral nouns and pronouns. For certainty, the revision power may be exercised only when it will not affect the substance or meaning of the legislation.

Example

The revision power may be used to change a reference to "he" or "his" to "they" or "their" in an Act or regulation.

Application

26.2(2)   The chief legislative counsel may revise an Act or a regulation, including an Act or a regulation that has not yet come into force.

Notice and publication of revision

26.2(3)   When making a revision under this section, the chief legislative counsel must

(a) provide the Clerk of the Legislative Assembly, the Clerk of the Executive Council and the Deputy Attorney-General of Manitoba with a list of each revised Act or regulation;

(b) arrange for each revised Act or regulation to be published on the Manitoba Laws website;

(c) notify the King's Printer of the revision; and

(d) publish a notice on the Manitoba Laws website that identifies each revised Act or regulation.

Legal effect of revision

26.2(4)   The revision does not operate as new law, and a revised provision has the same effect as the replaced provision.

Minor or administrative amendments to regulations

26.3(1)   The Lieutenant Governor in Council may, by regulation, make minor or administrative amendments to a regulation even if the regulation was made or approved by a minister or group of ministers, an individual or a government agency.

Multiple regulations

26.3(2)   A regulation made under this section may amend more than one regulation at the same time.

Restriction on amendments

26.3(3)   Nothing in this section authorizes an amendment to a regulation that would not have been authorized by the Act under which the regulation was made.

C.C.S.M. c. I80 amended

2(1)   The Interpretation Act is amended by this section.

2(2)   The following is added after subsection 11(2):

Amendment and revocation of proclamations

11(3)   A proclamation that fixes the day on which the Act or any provision of the Act comes into force may be amended or revoked by a further proclamation before the commencement day fixed in the original proclamation, but not on or after that day.

Restriction when different days specified

11(4)   A proclamation that specifies different days for different provisions of the Act may be amended or revoked with respect to a particular provision before the day fixed for that provision, but not on or after that day.

2(3)   Section 28 is amended by striking out "both genders" and substituting "any gender".

Coming into force

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

Explanatory Note

The Statutes and Regulations Act is amended to provide regulation-making and revision powers to achieve a gender-neutral style in Manitoba's legislation. A consequential amendment related to gender neutrality is made to The Interpretation Act.

The Statutes and Regulations Act is also amended to give the Lieutenant Governor in Council the power to make minor or administrative amendments to regulations regardless of the delegated lawmaker.

The Interpretation Act is amended to allow for proclamations bringing an Act into force to be amended or revoked before the commencement date set out in the original proclamation.